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S 178… Probate is about to get far worse for families targeted

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Marti Oakley

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I am not a lawyer, and have never represented myself as being one. I don’t need to be one. The Constitution for the United States makes very clear that the law is to be accessible to everyone. I cannot claim ignorance of the law as a defense for anything and there is no requirement for me or you to obtain a BAR union card in order to access and use the law, stated anywhere in the Constitution. “Practicing law without a license” is a fiction of law.

“By abdicating its responsibility to the public, congress has ceded its power to act on behalf of the people to the second largest BAR Association in the country….the Department of Justice. How do you think that is going to turn out for those of us out here in no man’s land? Do you really believe the DOJ is going to implement any rule, regulations, or other other fictions of law that would adversely affect other Bar members or associations? Not a rat’s chance in a deacon box that will happen.”

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While many are applauding the provisions of S. 178: Robert Matava Elder Abuse Prosecution Act of 2017 I do not share this view.

Pay careful attention here to the word “ACT”. An ACT is something the government is going to do by force rather than by actual power granted to them in the Constitution. In this particular instance, congress is charging the DoJ with law making which is unconstitutional.

Those of us who have actually read the bill and have at least a modicum of understanding of how legislation actually works and affects us, know that this bill is going to cause irreparable harm not only to the elderly, but to those family members and others who have waged this battle against the growing human trafficking of the elderly by professional predators working in tandem with unethical attorney’s , corrupt probate administrators, Adult Protective Services agencies, and professional predators who prey on the elderly and others, and who make a parasitic living off the targeting of the elderly to profit themselves.

  • Did you see one word in this bill that addressed the issue of identity theft that results from being declared a ward of the state?
  • Is there one word about stopping the assumption of identity by the predators who now present themselves as the victim and begin bleeding the estate dry?
  • Was anything said about the resulting abuse, neglect and exploitation by professionals and agencies that results from this civil death? ( by declaring the living human being a “ward of the state”, the victim has suffered a civil death, equal in its legal consequences to natural death) You are dead in the law, but still breathing.
  • Was anything mentioned about holding these administrators liable for violating the rights of the targeted victim?
  • Did you see one word directing these probate tribunals to follow rules of evidence?
  • To cap fees?
  • To stop the predators from isolating the ward?
  • Anything about stopping chemical restraint to silence the victim?
  • Any sighting as criminal activity the actions by these predators who make their living stealing the lives of their victims for profit?

Are we really this ignorant? More

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S 178..Another fluff and buff bill that will NOT protect the elderly from predators

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Marti Oakley

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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

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