Marti Oakley

Copyright ©

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Reading this bill made it abundantly clear that no one is about to upset the apple cart when it comes the continuing exploitation of vulnerable people at the hands of the BAR Association, The National Guardianship Association, The College of Probate Judges and assorted other stakeholders who have a vested financial interest in keeping this predatory system running.  S 178 contains absolutely not one thing that will stop or hold accountable those who exploit other human beings for financial gain.  This bill is an insult to many of us who have fought against this system for years.

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Dear Senators: Mr. GRASSLEY(for himself, Mr. BLUMENTHAL, Mr. TILLIS, Ms. KLOBUCHAR,

Mr. CORNYN, Mr. LEAHY, Mr. BENNET, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary :

https://www.judiciary.senate.gov/imo/media/doc/S.178.pdf

S 178 To prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and exploitation cases.

I have just completed an in-depth examination of S 178 that is supposedly going to finally address the issues of elder exploitation, including financial, emotional and physical abuse and the ongoing theft of assets from the elderly and the disabled, by predators of all kinds. Also at risk are individuals who have inherited or, who stand to inherit trust funds or other financial instruments. Any one can be targeted in this system if a professional predator operating as “guardian” or, “attorney” decides that the victim has assets that can be stolen under the protection of a probate or family court.

Questions that should have been asked, but were not:

Q: Why should being declared a ward of the state render you dead in the law?

A: Because Probate courts become active only upon presentation of the death certificate. The estate is either testate, or intestate. The declaration of “ward” is the defacto death certificate of the living person.

Q: Why is it necessary to immediately strip the living (dead) person of all natural rights and liberties?

A: This stripping of all rights and protections allows the predators and the probate administrator unfettered access to assets. The living (dead) person’s identity is assumed by the predators as are the assets. The victim is now deprived of the right to due process or to mount a defensive action against the predators.

Q: Why is there not one state or federal law, prohibiting the stripping of Constitutional rights and protections especially in the case of probate of the living person?

A: Because all of the statutes are written by the BAR Association and other vested stakeholders such as The National Guardianship Association and the College of Probate Judges. The individual rights have to be taken away to leave them defenseless. Without these protections in place, they have no right to challenge the predators.

Q: What was included in S 178 that could have conceivably been interpreted to address the ongoing assault on elderly individuals targeted, to facilitate the theft of the estate?

A: Nothing

Q: What provisions were included in S 178 for sighting crimes committed against the victims by professional predators? Who would enforce prosecuting those crimes? What enforcement enabling provision was included?

A: NONE

Another bill to make it look like they are doing something

S 178 To prevent elder abuse and exploitation and improve the

justice system’s response to victims in elder abuse and

exploitation cases. More