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TS Radio Network: California Update with Linda Kincaid of CEDAR, Legislation, Research, and Media Coverage of Elder Abuse

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Join us this evening September 24, 2018 at 7:00 pm CST!

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Hosted by Marti Oakley

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California Update with Linda Kincaid of CEDAR:

Legislation, Research, and Media Coverage of Elder Abuse

It was an eventful week in California. Our guest is Linda Kincaid of the Coalition for Elder & Disability Rights (CEDAR). Linda will bring us up to date on:

1. Groundbreaking legislation in California,

2. Research from UCLA School of Law, and

3. Media coverage of predatory conservatorship (guardianship) in California.

Part 1: California Senate Bill 1191 Mandates Improved Law Enforcement Policies

On September 18, Governor Brown signed Senate Bill 1911. For the first time in any state, law enforcement elder abuse policies will be required to inform officers that elder abuse is a crime, not a civil matter. Senator Hueso’s fact sheet on SB 1191 explained:

Senate Bill 1191 mandates that all law enforcement jurisdictions in the State of California have policies and training manuals that contain and include reference to existing elder and dependent adult abuse laws. This would allow officers to properly identify instances of elder and dependent adult abuse crimes. This issue arises as a result of the frequent outsourcing of the task of writing officer training manuals to private organizations such as Lexipol, who are contracted by law enforcement to draft training policies and manuals. (Emphasis added)

Here is the full text of SB 1191. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1191

Part 2: Lexipol The Privatization of Police Policymaking UCLA School of Law – Article by Ingrid V. Eagly and Joanna C. Schwartz

UCLA School of Law found that Lexipol law enforcement policies focus on protecting police departments from law suits, rather than instructing officers to protect the public. The authors stated:

In California, where Lexipol was founded, as many as 95% of law enforcement agencies now rely on Lexipol’s policy manual. … However, reliance on this private entity to establish standards for public policing also raises several concerns arising from its for-profit business model, focus on liability risk management, and lack of transparency or democratic participation. (Emphasis added)

Here is the full text of the article. https://texaslawreview.org/lexipol/

Part 3: Money-draining probate system ‘like a plague on our senior citizens’

Orange County Register – Special report by Tony Saavedra

Elinor Frerichs has been imprisoned and isolated in a locked dementia facility since 2012. What was Elinor’s crime? A wealthy white woman married a Black man. Linda Kincaid has followed the case since 2014. Kincaid shared her records with investigative reporter Tony Saavedra at the Orange County Register. Saavedra reported:

Love landed Elinor Frerichs in a secured facility for people with dementia.

Twelve days after the death of her husband, 95-year-old Frerichs married a friend 26 years her junior, a man who watched the same TV shows and made her feel “happier than ever.” But shortly after saying “I do,” Frerichs was placed under a court conservatorship at the recommendation of a psychologist and Adult Protective Services. She was hospitalized and her marriage was annulled, partly to shield her estate, estimated at $1 million.

Despite concerns over her mental capacity, Frerichs appeared lucid in a transcript of a rare visit with friends, vowing, “I’m not going to sit there and rot and die in that damn room.”

Read the full story here. https://www.ocregister.com/2018/09/23/money-draining-probate-system-like-a-plague-on-our-senior-citizens/

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ARE FAMILIES RESPONSIBLE FOR 90% OF ALL ELDER ABUSE?

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Marcia Southwick ©  9/19/18
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“The false impression out there blaming families and relatives for 90% of elder abuse means that guardians can protect their own paychecks by maligning families in court, which they often do.   It also means that the public is distracted away from looking at the larger entities abusing the elderly right under our noses.”
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Most people believe that elder abuse is all about Granny surrounded by family predators who just want to grab her money and throw her to the wolves. You’ll hear plenty of rumblings claiming that families and people closest to elders are responsible for 90 % of all elder abuse.
The National Care Planning Council is one of many who quote this figure.  The article is titled “ Perpetrators of Elder Abuse are Usually Family Members:” .  Even AARP claims that “ You’d like to think that elder financial abuse is committed mostly by strangers. You’d be wrong. In reality, it’s more likely to come at the hands of family members and caregivers”

Why does everyone blame families?

The latest 2011 study done by MetLife shows that in terms of dollars stolen from elders, families are not the most likely to steal the most dollars:  After examining three months of national news feeds, plus other data, researchers determined that businesses stole $205,243,400; Family members and friends stole $11,515,737, Strangers stole $7,612,513, and Medicaid/Medicare fraud caused the most damage–$306,105,093.)
NAPSA (National Adult Protective Services Association) is another organization that blames families for most of the elder abuse that takes place today.  Their figure again is 90%. .   Adult Protective Services investigates domestic settings.  Since most of us don’t have lawyers or financial advisors living with us at home, my guess is that these culprits have been left out of the equation.

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TS Radio Network: Whistleblower’s! With guest Caroline Douglas

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Join us this evening September 6, 2019 at 7:00 pm CST!

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The War On The Elderly: Legal Capacity vs Mental Capacity

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Marti Oakley

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“Even should these often contrived diagnosis’s have any legitimacy, this is still not a valid, lawful or moral reason for unlawfully denying the victim legal standing. And as no crime has been committed, a mental incapacity should never be used as the excuse to deprive another individual of their right to speak for themselves, to retain their identity and legal standing.”

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If protecting the elderly who might be vulnerable was truly the concern of the unconstitutional probate tribunals, every effort would be made by those hearing examiners or administrative clerks, both who attempt to claim the title of “judge” (as in a court of law”), to preserve and protect the legal standing and legal capacity of the targeted victim. Instead, these pretenders to the bench move immediately to declare the victim as dead in the law. This is referred to as a “statutory civil death”, a legal fiction created now applied to probate, to enable the theft of estate. The loss of legal capacity and standing are considered to be collateral consequences of being convicted of a crime, yet the targeted victim has committed no such crime, other than aging with assets that a professional predator has decided should belong to him/her.

Legal Capacity

Arbitrarily removing your legal standing which is necessary to preserve your rights and protections under the law (not statutes and codes) is the first step to ensure the tribunal sanctioned theft of identity and the ensuing unlawful conversion of real property and liquid assets by the predators who prey on the elderly for profit. Legal standing is necessary to preserve your legal agency (your right to act on behalf of yourself)…your right to exercise your rights and duties as a living, breathing human being. To be recognized in the law as, existing.

Becoming a “ward of the state” and by extension, guardianized, is an unconstitutional theft of your legal capacity and your legal agency.

Mental Capacity

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The War on the Elderly: War Crimes Abound in Probate System

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Marti Oakley

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How does an individual become so detached from humanity, so lacking in compassion or empathy, so devoid of ethics or morality, that preying on other human beings without regard to the harm and suffering you are causing, become just part of your daily work? All of it done so that you could avail yourself of someone elses assets? How do you disconnect yourself so totally from the insidious activity you have involved yourself in so as to allow yourself to prey on what you now see as a simply a “thing”, a commodity?”

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We have the ”War on Poverty”, the “War on Drugs”, and the wars against other sovereign nations that have posed no threat to us. There is also apparently a well-funded and facilitated “War on the Elderly”. As our politicians openly promote, or actively avoid the insidious programs designed to deprive elderly individuals of their identity, property and their rights, to enable the theft of estates. The result is thousands of elderly individuals are captured, isolated, abused and robbed every day of the week. It’s all perfectly “legal”. The elderly have been targeted as have been the disabled, as being an economic threat to the rest of the country. A newly defined “waste population” that must be eradicated because they can no longer produce and now are expecting their investment in Social Security and Medicare to begin the promised return on their investment.

While claiming that guardianship is to protect the vulnerable, that the elderly will be treated as ”protected” individuals, it clearly is nothing more than a system of monetizing and treating the elderly and disabled as chattel…owned movable property that can be sold, traded or otherwise disposed of at the whim of the guardians and the probate system. All of it done for no other reason than to steal the estates of those targeted. This can include real property, liquid assets, personal items of value, art work, family heirlooms, trusts, and any other thing you might have of value.

It is unfortunate that these professional predators see no value in human life; a trait that puts them into a class of a recognized sociopath. The entire system is populated by unethical attorneys willing to prey on the elderly for no other reason than access to the assets they may have, and predatory guardians who have been provided the protection in this system of human trafficking facilitated by the probate tribunals. All of it done without regard to the suffering they are causing to the individual or by extension to the family and friends who are forced to endure this criminal activity and are blocked by the tribunal from accessing courts of law and rescuing the victim. All of it to access the proceeds of someone elses life: to profit by targeting, capturing, isolating and robbing an elderly individual because stealing someone else’s identity and their estates is far easier than working for a living. More

Guardians From Hell: Investigation of systemic guardianship abuse in Northern Michigan

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TABLET

The completely legal, utterly grotesque system for undermining the rights of the elderly

At 92 years old, Virginia “Jean” Wahab hadn’t lost any of the vitality and health she maintained throughout her life. She raised two daughters as a single mom and made a home for them in the Detroit suburb of Oak Park, Michigan. Wahab worked on her feet and didn’t retire from her job at a local family restaurant until she was 88.

Fiercely independent, Wahab was quite happy living at home after retirement. She had a healthy social life. She did her own grocery shopping and chores. She so rarely needed to pay a visit to a hospital that her health insurance was barely touched.

Her eldest daughter, Mimi Brun, converted to Judaism at the age of 18. She went on to become a prolific Jewish artist, who sold her work all over the world. In 2010, she began to establish art schools for children under 12 in France and then Chicago. Although Brun was estranged from her younger sister, she and her mother were extremely close. Wahab was Catholic, but Brun noted that she had the fastidious nature of a Jewish mother.

Wahab’s legal affairs were in order including a durable power of attorney she had signed in January 2016 which named Brun as a patient advocate (the handler of her medical needs) as well as giving her daughter charge of her financial affairs should she ever become incapacitated. Wahab’s home was also registered in Brun’s name in a quit claim deed signed by Wahab on Dec. 29, 2014.

The two talked on the phone every day. Brun particularly relished visits with her mother during which she would gift her a piece of art. Wahab was an eager collector of Brun’s work.

That was two years ago. Everything has changed since then. Continue reading on TABLET here!

 
1) On June 6, 2016 a petition was filed for guardianship a Waterford, MI nursing home, Lourdes Senior Community, for a back-due bill owed by a short-term rehab patient there Virginia Wahab- there is no Michigan statute which supports this.

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Harvey Whitten – Guardianship Abuse Victim – My Last Regret

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Published on Apr 2, 2018

Country singer Sharmian Sowards’ mother, Wanda Worley, was a victim
of guardianship abuse in Detroit, MI. Sharmian wrote My Last Regret in
honor of her mother and has allowed the rights of her song to be used in this
video of Harvey Whitten to promote awareness of guardianship abuse.

 

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