Few of us would enjoy having the bulk of our entire lifetime of savings converted into attorneys’ fees during the golden years of our lives. Yet that is happening with such frequency that the offspring of many of the elderly victims are gathering to speak out against ageism and the involuntary redistribution of assets.
One of the most famous occurred in Phoenix, Ariz., where 83-year-old Marie Long, was wrongly declared “mentally incompetent” (an astonishingly frequent occurrence in the courts where lots of money is involved). Subsequently, her professional guardian and the guardian’s attorneys spent all of Long’s money, $1.3 million, in less than two years. Most of Long’s money went for attorneys’ fees
Most of us are now familiar with foreclosure scams, unscrupulous homeowners associations and family court abuses. But few are aware of the lucrative corporate business of professional guardians and their attorneys gorging themselves on the assets of the elderly.
The Internet abounds with information about court-sanctioned predatory professional guardians and attorneys posted by groups such as the National Association to Stop Guardianship Abuse, the National Organization to End Guardianship Abuse, Estate of Denial, and ANGER (Advocates for National Guardianship Ethics and Reform)
Ageism is the new frontier of exploitation. This new civil rights movement promises to affect all of us at some point, since every one of us expects to grow old.
Few of us would enjoy spending our golden years imprisoned in a marginal nursing home while unscrupulous attorneys and their guardians gouge our assets.
The American Association of Retired Persons has tenuously addressed this noteworthy issue, and the Government Accountability Office recently released a 57-page report about financial exploitation of the elderly. Increased public awareness is the first step to ending court-sanctioned predatory guardianships, ageism, and the involuntary redistribution of assets.
We will take calls in the last hour of the show. To speak to the guests, please press #1 as soon as you are connected.
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Hosted by Marti Oakley
Tonights guests are J. Kristi Hood, Author of Probate Pirates and Debbie Valdez. Kristi will be talking about her new book titled “Probate Pirates”
Kristi & Debbie will be discussing probate and a few other things of interest. This should be a killer show!
Probate Pirates: Find out what your lawyer won’t tell you about probate court. A must-read for anyone planning to get old. Take a look inside the biggest organized crime currently being perpetrated on Americans. Find out why probate court is not about protecting the elderly, but why It’s a machine designed to systematically fleece old people of their money and humanity. Probate piracy is a growth industry, a ridiculously easy crime with an almost zero chance of getting caught. These crimes are all conducted in probate court and are completely under the radar. Find out how to keep it from happening to you. Available on AMAZON.com
“Bill 20-710 would amend Title 21 of the DC Official Code to protect the well-being of incapacitated individuals from unreasonable confinement or involuntary seclusion by a temporary, limited, and general guardian;”
“Judges all over the country participate in this scam. The transfer of funds and real property is done under “color of law” through “court order” where a judge orders the isolation of the elderly from their loved ones and then allows falsified, fraudulent and extortive fees and expenses to guardians and their attorneys.”___________________________________________________________________
Rampant abuse of and atrocities against the elderly, children and other vulnerable Americans is occurring all over America.
The arrest of family members in this situation is commonplace as they are desperate to remove their parents from corrupt guardians and unlawful courts
The abuse of the elderly by guardians is dependent on their ability to operate their enterprise in secrecy. They do this by filing fraudulent lies and slanderous allegations against family members to colluding judges to obtain unlawful orders under “color of law” that prohibit family members from seeing their elderly loved ones. By isolating vulnerable elderly people from their family members, the abuse and atrocities are done insidiously and without any eyes by the family on their abuse.
These guardians count on secrecy to deprive their “wards” of all services. They then divert the assets from the people whom they are entrusted to provide care to, to their own enterprise. They sell their homes from under them, they loot and sell their possession, they engage in a feeding frenzy of their assets. More
Every time I read about another abusive guardianship case, I feel ill. I cannot help but wonder why Americans are not rising up in droves and calling their representatives screaming “Stop! Enough! This is wrong on every level!”
Mainstream Media refuses to report on this horrific crime. Why? Because the gravy train is so lucrative that no one wants it to stop….too many people are making too much money by stealing other people’s money. In the case of Dorothy Luck, she is NOT incompetent, but the judge declared her as incompetent because she refused to settle in a lawsuit and simply because he could. Dorothy describes the probate court overseen by Tarrant County Judge Steve M. King as a “well-oiled group of people who can’t seem to find a way to make money except to take it away from other people.”
In Nassau County Supreme Court in Mineola, NY, the late Judge Joel Asarch, along with Mary Giordano (elder care attorney with Franchina and Giordano in Garden City, NY) and Anne Recht, geriatric care manager (AMRecht Assoc in Plainview, NY) worked together often on a number of cases where the elderly victims were kidnapped from their homes and imprisoned against their will in nursing homes. My own mother was one of their victims. Dorothy Wilson, an innocent 87 year old woman, had her beloved home of 60 years stolen from her. She died in prison; penniless, alone and drugged with antipsychotic medication.
American’s dirty little secret, if the public was truly aware, would understand that this abuse can happen to anyone at any time. There are thousands of these stories all over the internet. Share the stories, inform everyone you know. Help put a stop to this nightmare before it happens to you. More
“The Public Guardian responded to Margarita’s comments by terminating visitation with her daughter. The Public Guardian sought and obtained a court order to strip Margarita of her right to meet with elder rights advocates. The Public Guardian has denied Margarita all visitation since November 15, 2013.”
California’s Department of Aging posted the following comments about use of antipsychotic drugs on elderly patients.
Title 22 of the California Code of Regulations, Section 72018 defines a CHEMICAL RESTRAINT as: “a drug used to control behavior and used in a manner not required to treat the patient’s medical symptoms.” All residents have a right to be free from the use of chemical restraints. (42 CFR §483.13(a); 22 CCR §72527(a)(23); 22 CCR §72319), yet, the use of antipsychotic drugs on those with dementia is common practice and often used as an alternative to the needed care of these individuals.
Prescription medicines used to alter cognition, mood, or behavior. These medicines are sometimes used to treat persons with dementia. You need specific prior court authority based on a strong showing to authorize the use of these drugs in the treatment of the conservatee.
Violation of Margarita’s rights is nothing new for the Monterey County Public Guardian. A request for chemical restraint is the latest in a series of violations of rights and denial of due process. More
Join us Sunday evening, March 16th 2014, at 7:00 pm CST!
The magic world of predatory guardianships! Watch as the wizards called professional fiduciary’s take your house, your car, your wealth! All to benefit you of course!
Join us this evening as we discuss how to effect change in the lucrative guardianship industry. While many believe this business to be centered on caring for elderly or disabled adults, the truth of the system is far different.
It must be magic! Billions are stolen from the estates of elderly victims each year through the process of predatory guardianships. While state and federal officials pretend not to know what is going on, the victims are drugged, neglected and abused, often times ending up dead once the estate is depleted.
How do we change this system? And how, do we stop the interference of the BAR Association and other stakeholders, in the guardianship for profit trade?
Are you looking for a new career? Tired of actually having to work for a living? Do you lack any morals, ethics, any sense of empathy or sympathy? Are you looking to make easy money? Would it bother you to be known as a “coffin chaser”, a predator, a vulture? Could you sleep at night knowing you had caused so much misery and suffering not only to your victim, but also to the extended family as a result of your chosen profession? Your personal greed? Your lack of humanity? You could?? Have we got a career for you!
Become a Professional Fiduciary! Take ownership of another human being!
Our kangaroo judges will immediately strip that elderly person of all of their Constitutional protections. By the time we are done, the victim will be “dead in the law” and our “judges” will declare them civilly dead and will effectively declare them chattel property….YOU OWN THEM!
Our judges can be depended upon to immediately discard all standing legal instruments that the victim might have constructed to protect themselves in old age. Trusts? Medical directives and surrogates? Wills? NOT A PROBLEM! We can guarantee that none of these arrangements will stand and will be immediately thrown out by one of our judges!
We can teach you how to file false charges against family members claiming abuse, exploitation, neglect and other unsubstantiated claims. Don’t worry about having to prove anything! Our probate judges are more than willing to accept whatever you say without that pesky task of proving your allegations.
We’ll show you how to begin tapping that estate within days of your phony emergency guardianship petition. You can be driving a new Mercedes by Friday, and you can pay all of your bills out of the victims estate! And no one can do a thing about it!
Any property owned by the victim is now yours! All personal possessions, any art work, valuable jewelry, family heirlooms, any homes or other real estate is there at your disposal! All bank accounts, investments, bonds, stocks, cars, trucks, anything of value can now be retitled to you! You just have to say you stole sold it to “benefit the ward”! And you can keep doing this until the estate is totally depleted. When it is, you simply have to petition the court to allow you to resign as guardian.
Even though state statutes prohibit it, we will show you how to isolate the elderly victim from their family, friends, and even from their churches. If anyone even thinks of insisting on visiting the victim, we can promise the total cooperation and intimidation of the local police or sheriff’s office in threatening those visitors with criminal trespass if they persist.
We have a list of doctors who will more than willingly prescribe psychotropic medications for use as chemical restraint, even though these are strictly prohibited for use on people over 60. In exchange for their cooperation, they are allowed to bill the victims for services never rendered.
We have dependable and possibly clairvoyant, psychiatrists who are quite able to diagnose all the fictional mental illnesses you can think of …..and many times they never even have to actually visit the victim! They just know! But they can write letters to the court that will scare the beejesus out of a normal person!
Through our network of participating facilities known as nursing homes warehouses we will drug, neglect, abuse and sometimes even starve the victim. If they become too bothersome, our staff is not at all opposed to a little physicality in the form of an “attitude adjustment”. Don’t worry about this, as it is a rare occasion that you will ever have to even see the victim, although you can still bill the estate as if you actually did! (Does it get any better than this?)
We have a cadre of unethical and immoral attorneys who are more than willing to represent you as they tap the estate right along side of you. The fortunes that have been made by legal professionals in this field is supported by and, protected by, the fine folks at your local Bar Association. Even your state judiciary will turn a blind eye to grand larceny, financial exploitation, and the abuse of the victim that is taking place on your command.
These are just a few of the highlights of the career that awaits you should you decide to become a professional predator! With our training you will learn how lucrative owning another human being can be. Multiply that by the limitless possibility of having hundreds of victims that you supposedly are caring for. We’ll show you how to set things up to make it look like you actually performed some kind of service to the victim while never having to do a thing except collect the money!
We guarantee that you will never be held accountable to anyone for any of the lives you will destroy. Heck! We even have judges who will give you immunity from prosecution should anyone try to hold you accountable!
So drop us a line and tell us why you think you could work as a predator in the guardianship field. The professional fiduciary field is the fastest growing and most lucrative cottage industry in the country and is fully supported by the Bar Association, The National Guardianship Association, Judicial Oversight and Review Boards, and those laughably useless Fiduciary Oversight Boards that we have set up in almost every state.
And remember! The silver tsunami is coming and the potential for stealing millions from the estates of those who committed the new age crime of “aging with assets” is here!
Our guest for this evening had to cancel at the last minute, so we will be covering some news on guardianship that has occurred over the last few weeks and will take a few calls.
Also: News about a new ruling on those administrative appointee’s they want us to call “judge”.
We will be talking at some length about ABC News coverage, and the progress that has been made as a result of this coverage.
Note: I want to thank everyone for their kindness over these last few weeks. Hopefully by this next week we will be up and running as usual.
Ohio, a state rife with probate abuses and predatory guardians, has another case you just cannot believe took place. Between stolen property, funds and fraudulent POA’s, an elderly woman with Alzheimer’s was robbed of a million dollar estate.
Her daughter fought back. The result? The family home, built by the family, on valuable shorefront property was intentionally reduced to rubble. Even with the known threats that this would happen if the daughter didn’t back off, the courts and law enforcement did nothing.
Just goes to show you what a crooked attorney and an immoral probate can accomplish when no one holds them accountable.
Improperly suppressed evidence requires your immediate attention. A report with additional information will be released later in the week.
Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Ms. Zelada clearly stated that Ms. Conklin did not abuse her in any way. After months of investigation, Ms. Empasis did not identify any financial abuse. However, Ms. Empasis refused to terminate the conservatorship of Ms. Zelada’s estate.
Please see December 13, 2012 video of Ms. Zelada on YouTube.
Ms. Empasis escalated her allegations to include physical abuse after Ms. Zelada experienced an accidental fall on March 1, 2013. The attached March 29, 2013 letter from Ms. Zelada’s court appointed attorney Chris Campbell states:
My client is adamant that she does not hold her daughter responsible for this injury and that she has no desire to see her daughter prosecuted. She has been clear about this ever since I first saw her in the hospital one day after the injury. My client and her daughter have an extraordinarily close relationship, and they have lived together for many years; Patricia is Mrs. Zelada’s only child, and Mrs. Zelada has no other family in this country. There is no one in the world more important to Mrs. Zelada than her daughter, and the fact that Mrs. Zelada has been unable to see Patricia since she was taken into custody has been a devastating blow to her.
The above video and letter were not presented at Ms. Zelada’s general conservatorship hearing, nor were they presented at Ms. Conklin’s criminal trial. It is my understanding that additional similar videos exist on personal electronics that Ms. Empasis removed from Ms. Conklin’s home on March 25, 2013. Those items have not been returned to Ms. Conklin.
Please forward this evidence to the District Attorney for immediate review. Please file a petition to terminate the conservatorship of Margarita Zelada no later than Friday, November 15, 2013.
Thank you for your prompt attention to this matter.
Linda Kincaid, MPH
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Linda Kincaid, MPH
20255 Glasgow Drive
Saratoga, CA (408) 998-4642
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To: “Scarlett, Teri x7502” <ScarlettT@co.monterey.ca.us>
An abusive conservatorship devastated the life of San Francisco resident Margarita Zelada. The Monterey County Public Guardian keeps Margarita unlawfully isolated and confined in a long-term care facility.
Margarita said, “I am in prison.” Every night, she cries alone in her room and prays for freedom.
Margarita languishes at Senior Paradise in Del Rey Oaks, her estate charged $7,000/month for “care.” Margarita’s three bedroom home in San Francisco’s desirable Outer Sunset neighborhood sits vacant.
Deputy Public Guardian Jennifer Empasis changed the locks on Margarita’s home to prevent entry by family. The home is unattended, and landscaping deteriorates. Family said Empasis planned to sell the home for a fraction of market value.
The abusive conservatorship also devastated the life of Margarita’s daughter, Patricia Conklin. In her bid to control Margarita’s $1.5M estate, Empasis made many false allegations that Patricia abused her mother.
Empasis seized control of Patricia’s assets and the house she leased in Pacific Grove. Empasis unlawfully forced Patricia’s renter from the house and terminated the lease.
Margarita’s testimony was suppressed at Patricia’s trial. Material documents and videos were suppressed. Empasis threatened witnesses with criminal prosecution if they testified in Patricia’s favor. More
Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Margarita clearly stated that Patricia did not abuse her in any way. No financial abuse charges were filed. However, the Public Guardian refused to terminate the conservatorship of Margarita’s estate.
The public guardian entered Margarita Zelada’s home with police officers who had their guns drawn, to forcibly and involuntarily remove Margarita from her home.
The estate is valued at about $1.5M The Public Guardian keeps Margarita confined and isolated at Senior Paradise in Del Rey Oaks, California. Margarita has been allowed to see Patricia only twice since March 2013.
(editor’s Note: What is the estate worth now that the public guardian has had total control and access to the estate assets?)
California passed AB 937 to clarify that conservatees retain the right to have visitors, phone calls, and personal mail. Isolation and false imprisonment constitute criminal elder abuse under Penal Code 368.
NASGA’s California Advocacy Liaison Linda Kincaid’s Mother, Carol Hahn, passed Saturday, August 17, 2013. Two days after Carol Hahn’s death, Governor Brown signed AB937 – legislation created to clarify conservatees’ rights to visitors, mail, and phone calls.
Linda stands in front of the Board of Supervisors in honor of her Mother who was a victim of conservatorship abuse the final years of her life.
Carol Hahn leaves behind her daughter, a stellar advocate for victims of unlawful and abusive guardianships and conservatorships and for reform.
I am dealing with the cover up of the death of my Mother then the court system left my Dad with Dementia and mentally impaired, incompetent and in abuse: literally living like a pig for 6 yrs while I tried to get guardianship which the court refused me.
Now the corporate agents have stolen $250,000 from their estate. My Dad is now in a nursing home trying to kill himself so the agents loaded him up on drugs to subdue him which is abuse by chemical restraint. The agents have gutted their home throwing away any final evidence to link the suspect of Mom’s death while it is still an “ongoing” investigation. The Corporate Agents have done everything they can to support the suspect and abuser cause they knew that is where they would make their money. The suspect walks free to this day.
This is nothing short of conspiracy and racketeering.
Great country we live in.
I have had more cases than carters has pills and I can not get any decent legal help with any of this even though we have a Constitution protecting our God endowed unalienable rights. I live in the Twilight Zone of the Outer Limits everyday and wonder why I get up!!!
My Mom has had no justice for her death and there is still no headstone on her grave. It is bare. Dad has been isolated from all of us and they will steal the balance of their estate and in all plunder a half million dollars. If I had had any viable help to stop this I would have gladly given it to the group who assisted me instead of throwing it into HELL!!!!
Mom needs justice and Dad needs to be back with me, the estate paid back and these criminal thieves in prison…..Till then we are at war with the Common Law Grand Jury that is supposed to serve the people.
Should a Common Law Grand Jury indict to INVESTIGATE how the government let these crimes proceed?
This Writ for Petition of Habeas Corpus to the Ohio Supreme Court outlines the crimes that have been committed on my parents Clair and Ann Miller and petitions to release my 80 year old Dad out of the prison he was abducted and incarcerated into by agents of the Logan County Ohio corporate government. The Ohio Supreme Court denied this Writ therefore they condone murder, abuse of the elderly and theft of THE PEOPLE’S estates. More
Please join us this evening as we continue our search for June Guinn whose whereabouts and condition are unknown.
Joining us again will be Craig Keesler as he continues to document his fight for June’s life. The predatory guardian who took ownership of June, continues to operate without a license and without any interference from the California Fiduciary Oversight Board.
Later in the show, June’s daughter Lynda will join us from the East Coast to discuss her mother’s case.
June’s residence, listed as her current address, appears for all intents and purposes to be abandoned.
Across the country an American Horror Story is unfolding as massive numbers of elderly individuals who have committed the heinous crime of [aging with assets], now find themselves in probate court and officially declared dead in the law by virtue of being declared an incompetent ward of the state. This is human trafficking sanctioned by not only the courts, but also by congresses, both state and federal who are well aware of these organized criminal activities, but who refused to acknowledge or act to defend the elderly from these predators.
This fictional declaration of death via probate court, is a careful construct patterned after the organized crime rings operating in family courts. In one court we abduct, sell and trade minor children, and in the other we abduct, sell and exploit the lives and finances of the elderly. Everyone involved, from the so-called
probate court oversight
protection agencies, judges, commercial predatory guardians, medical providers, hospitals, nursing homes and walls of unethical and immoral attorneys, line up to take a piece of the pie.
The pie can also be comprised of the monetary value in the Medicare/Medicaid system where targeted victims can be worth a million or more in inflated medical charges, padded medical billing, padded bills for doctors, insurance payments, thefts of social security benefits, VA benefits and whatever else may be out there in the way of grants, funding and subsidy.
Many times the “pie” can be comprised of liquid assets, stocks, bonds, property, valuable art and jewelry…..all of which can disappear into the accounts and pockets of the predators just as fast as the facilitating probate judge can declare the individual not only dead in the law, but incompetent as well.
A guardian must take inventory and collect all the assets of the ward. Where permitted by law, title is taken in the ward’s name. Otherwise, the guardian owns the property “as guardian” for the ward, which indicates that the guardian has the legal right to hold or sell the property but must not use it for his or her personal benefit. The guardian must determine the value of the property and file a list of assets and their estimated value with the court. The guardian must collect the assets promptly, and is liable to the ward’s estate for any loss incurred owing to a failure to act promptly. (emphasis added)
Unfortunately, for those guardianized, the legal right to hold or sell property now claimed by the predatory commercial guardian, is used to benefit the predator personally. Promptness as described in the legal definitions, is taken to new heights as predatory commercial guardians move at the speed of light to begin re-titling of property, seizure of accounts, transferring of personal funds, liquidation of any remaining assets; all of it ending up in the accounts or in the name of the predator, an attorney and/or a working partner to whom the properties are sold for pennies on the dollar.
This system of legalized grand larceny conducted by state agencies, attorneys, predator guardians, corrupt probate judges and other agencies and actors, is condoned and covered up by higher court judges and those phony judicial oversight boards that exist in every situation. More
Gary Harvey celebrated another birthday in his room (prison cell) at St Joseph hospital. His wife was told she could “kiss him twice on the cheek” and could “hold his hand” as long as her hand remained absolutely still…….otherwise….these special privileges would cease immediately.
Special privileges? A wife kissing her husband? Holding his hand? And these are special privileges?
Chemung County should be forced to register the Case of Gary Harvey as a “for profit” venture. Gary has been a virtual cash cow for everyone who has their fingers in his case.
We have been following the tragic case of Gary and Sara Harvey for several years now. Gary, who suffered a head injury seven years ago in his home, has been held for ransom by Chemung County, New York. Also tapping into the case of “Gary Harvey–All for profit venture!” are numerous attorneys, probate judges and others all connected to the same law firm! What a coincidence!
By Angela V. Woodhull
Few of us would enjoy having the bulk of our entire lifetime of savings converted into attorneys’ fees during the golden years of our lives. Yet that is happening with such frequency that the offspring of many of the elderly victims are gathering to speak out against ageism and the involuntary redistribution of assets.
The PPJ Gazette 