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Guardianship Abuse Playbook – Retaliation Against Those Who Dare to Speak Up

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By Terri LaPoint, Real News Spark
May 20, 2021

Imagine a situation in which someone you love is abducted. You may or may not know where they are, but you are powerless to free them. The captor takes their money by getting into their bank account and investments, changing insurance policies and trusts to the benefit of the captor. The captor drugs the loved one into oblivion and forbids them to contact friends or family members.

If a masked thug did all this, law enforcement would jump into action, and the person reporting such a crime might even be hailed as a hero.

However, if the perpetrator of such actions does so by manipulating the probate or civil court system, it is business as usual. No one bats an eye if the victim is declared by the court to be an “incapacitated person” in need of a guardian, whether the allegation is true or not.

Worse, there is often swift retaliation against anyone speaking up for these hidden victims of guardianship abuse. Such bullying tactics are so common that they are considered part of the standard “playbook” used by the perpetrators of guardianship exploitation through local probate courts.

Occasionally, stories of this abuse of power make it into mainstream media, such as that of Golden Flake heiress Joann Bashinsky and the film from Netflix, “I Care A Lot”. More often, stories appear in alternative media and blogs.

The prevalent thinking is that, indeed, this case is an anomaly. Few realize how commonly it occurs. And few recognize the high cost at which these stories ever see the light of day.

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TS Radio Network: Abolishing Probate…With guest Lisa Belanger

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Join us this evening January 30, 2019 at 7:00 pm CST

5:00 pm PST…6:00 pm MST…7:00 pm CST…8:00 pm EST

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TS Radio Network: Monetized as Commodity’s ..Buying & Selling the Population w/ Brian Kinter and special guest David Jose

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Join us this evening September 18, 2018 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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URGENT HELP NEEDED – 317-590-0876 – A REAL CONSERVATIVE REPUBLICAN JUDGE?

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For the past few years, author, educator, and elder and child advocate, Dr. Beverly Newman, has been discriminated against in the Indianapolis court system, where her decades-old incurable, progressive disabilities are discounted and even denied.  Since 2015, Dr. Newman has not even been a party to her Dad’s probate case (Cause No. 49D13-1009-ES-040244) before Judge James Joven, but he continues to issue orders against her as a non-party and has stated his intent to “punish” her if she does not travel to Indianapolis, against expert medical opinions, 1200 miles from Florida, where she has stayed and never left since 2009.

Beverly Newman’s delicate health does not permit her to travel, according to medical records filed with Judge Joven, who recently struck the written expert medical opinions from the court’s record.  Additionally, two attorneys in Judge Joven’s court, Robert W. York and Robert A. Zaban, have publicly and repeatedly subjected Dr. Newman to disability discrimination, denying her disabilities in their numerous court filings over the years, in violation of the Americans with Disabilities Act.

On September 6, 2017, on the 14th floor of the City-County Building, at 1:00 PM, Judge Joven has stated he will arrest Beverly Newman if she does not travel to Indianapolis in violation of her Jewish religious beliefs not to risk her life except in extreme emergencies.  Is this what our grossly-overcrowded Indiana jails are for?

To remove Judge Joven from this case, for permitting intolerable disability discrimination in his courtroom,  and to sanction officers of his court, Robert W. York and Robert A. Zaban, contact:

Indiana Supreme Court, which appointed Judge Joven to this case, Chief Justice Loretta Rush   rush.externship@courts.in.gov

Indianapolis Mayor Joe Hogsett      city-county.council@indy.gov

Lieutenant Governor Suzanne Crouch            scrouch@lg.in.gov

TS RADIO: F.A.C.E.U.S..org W/ Luanne Fleming and Robin Austin

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link sizeJoin us Sunday evening February 21, 2016 At 6:00 pm CST!

FACE3

4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST

Listen Live HERE!

Callin # 917 388 4520

Hosted by Marti Oakley & Debbie Dahmer

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Luanne Fleming and Robin Austin are advocates with Families Against Court Embezzlement Unethical Standards (F.A.C.E.U.S.). F.A.C.E.U.S. began when we found ourselves in Probate Court. Many labor under the illusion courts promote justice.

The reality is, as the law is practiced today the word justice is little more than than a mask behind which court authorized embezzlement takes place. Many individuals and families
find themselves in court entanglements only to discover too late not only is there no justice in sight, but the Court system itself works more like a criminal extortion racket than in the service of Justice.

Once we discovered how corrupt the system is we sought out others similarly afflicted, and began a theft fraud report with Senator Laura Woods. We have over 35 families and growing, with 2 Senators, putting in new laws for Probate. We have several media outlets, including Radio, 2 Television channels, 2 good attorneys working on our side to expose this corruption.

Our motto “giving up is not an option” We currently know of 6 bills being submitted.

The BAR Associations: Modern day grifters

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strip bannernew-logo25Marti Oakley

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This is no different than if bank robbers formed a union and then voted to give themselves immunity from prosecution, based on the idea that without immunity they might be afraid to rob any more banks.

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To [grift] is to obtain money or other assets through swindle or fraud. That10468201_687314554677465_9114756285200928886_n brief definition accurately describes what is practiced routinely by members of the BAR Associations across the country. And no where is it more prevalent than it is with regards to the insidious guardianship/conservatorship venues.

More money is stolen from the disabled, children and seniors ,conserved and/or guardianized, than can actually be calculated and much of that theft is going directly into the accounts of lawyers who use the probate and family courts as personal ATM machines.

Hiding behind self-protecting statutes and codes they themselves constructed through various state BAR Associations, and while our state legislators turned a blind eye, the trafficking of the disabled, children and seniors with assets, goes on unabated. All of it facilitated by specially constructed statutes that recognize no wrong doing by attorney’s or judges, much less by the professional vultures euphemistically called “guardians”. More

TS Radio: Indiana: Probate is handling child custody?

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painyJoin us this evening July 13th, 2014 at 7:00 CST! More

Death via probate court: An American Horror Story

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new-logo25Marti Oakley  ©copyright 2013 All Rights Reserved

Revised from original article of 2013.  Six years later and still this system runs without interference.

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Why am I in probate? I’m not dead!

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

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.

Guardian and ward: legal definition

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

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