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Caring for Elders: Heartbreak and Guardian Abuse

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Posted: September 15, 2019 at 10:12 am   /   by   /

The elderly in American society shouldn’t have to plan for the loss of their rights and their estates in their old age. But the current guardianship system threatens the retired community with just that.

Guardian abuse came about from a broken system. States often provide guardians for when the elderly and incapacitated need outside care. County or state courts appoint them to take care of their wards either personally or financially.

But the system failed thousands of people by allowing dishonest people and corrupt politicians to handle guardianship. Public guardians cut off wards from communication with their families, charge massive fees, and in some cases, cause the death of their wards.

A System Motivated By Greed

Not all guardians commit these atrocities. However, more and more victims report guardian abuse every day.

“It’s nothing personal, it’s all about the money,” says Charlie Pascal, whose mother-in-law was a victim. “That’s what I tell all the victims. You have to get past it.”

The National Association to Stop Guardian Abuse (NASGA) writes that guardianship laws threaten “the health and wealth to our elderly and disabled citizens.” Director Elaine Renoire said that while people are working to pass laws, “legislation is slow moving, so we’re still at it.”

Guardianships For No Reason

The system supposedly helps those that need it. But what happens when those that don’t get caught?

When Mary Whitten and her sister, Cos Skaife, dealt with their uncle’s guardianship in the State of Pennsylvania, they had no idea how much was involved. The two collected horror stories of wards over-medicated and isolated from their families by unscrupulous guardians.

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Updated Open Letter to MI AG Dana Nessel to include developments in Wayne, Macomb, Washtenaw and St. Clair Counties.

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Please share widely.

“During your campaign, you pledged that “As AG, I will increase resources to defend seniors from neglect, abuse, and exploitation. I’ll ensure that unsafe assisted living facilities and in-home care providers are stripped of their licenses, issue scam notifications for public awareness, and vigorously prosecute cases of Medicaid fraud.”

It seems this particular promise came with conditions that did not include anyone other than allegedly abusive family members or low-level nursing home employees such as CNAs.

Clearly, with regards to this issue, you are just another corrupt politician.”

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Gretchen Rachel Hammond on Facebook

Open letter to Michigan Attorney General Dana Nessel

Ms. Nessel,

In 2018, as you were running for Michigan Attorney General, I was an award-winning investigative journalist, member of the LGBTQ community and Democrat. Had I also been a resident of Michigan, I would have cast an enthusiastic vote for both you and Governor Gretchen Whitmer. This was not because of my political and social backgrounds.

I’ve interviewed politicians, lines of them. All of them parroted whatever talking points they thought my newspaper’s readers wanted to hear. The post-election reality was, as expected, entirely different.

You ran a campaign that seemed to be based on genuine sincerity rather than expedient politics.
“It’s just a basic belief that it’s never the wrong time to fight for justice,” you said. “It’s never the wrong time to fight for what’s right, and that there are so many people out there clamoring for representation, clamoring to have their voices heard, clamoring for recognition of their rights and equal dignity, just as human beings.”

Having spent my career, driven by the same ideology, your promises resonated with me as much as they clearly did with Michigan’s voters who included the voiceless.

But the post-election reality is that you have not only broken that promise, but actively shielded the alleged perpetrators of some of the most horrific and repugnant crimes and flagrant abuses of civil and human rights in Michigan’s history. More

Abolishing Probate # 5: Congress’s Failure to Act

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Join us live November 6, 2017 at 7:00 pm CST!

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

Listen Live HERE!

call in # 917-388-4520

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Hosted by Marti Oakley and including Luanne Fleming, Robin Austin, Katherine Hine

Under its duty to the public, Congress has repeatedly failed to act to protect the public from the system of probate in all its forms.  Declaring a living, breathing individual dead in the law (civil death) is equal in its consequences to a natural death.  They make this declaration of death under the guise of “ward of the state”.  Once a ward, you have no rights whatsoever.  Prisoners who have committed the worst crimes imaginable have more rights [reserved than a “ward of the state”.  Under this system, the elderly, the disabled and children are trafficked by the government for profit.

This sytem of human trafficking is the result of Congress’s failure to act within its duty to the public.  As congress is charged under the Constitution for the United States with organizing the courts, it stands to reason these probate courts could not exist without their complicity and their abject failure to act to protect the public from these professional predators.

Inferior Courts Clause Art 111 Sect. 2 Clause 1

https://www.law.cornell.edu/constitution/articleiii

Section 1.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. (this bill s 178 is an example of congress abdicating its duty to end these administrative tribunals and to make laws protecting the public from professional predators and to organize the courts). (emphasis, mine)

 

http://www.blogtalkradio.com/marti-oakley/2017/11/07/abolishing-probate-5-congresss-failure-to-act

TS Radio: Danny Tate on board! You know this will be good!!

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Join us this evening, May 28, 2017 at 7:00 pm CST!

You have no rights! You are a “Ward of the state”

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

Listen Live HERE!

Call in # 917-388-4520

We will be taking calls the 2nd hour.  If you call in and wish to speak, press #1 immediately when Blogtalk answers.

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Danny Tate will join the show as co-host at least once a month.  We will be covering guardian abuse, conservator abuse, corrupt courts and judges and whatever else pops up that needs to be talked about. 

We cannot continue to go back to the same organizations, political operatives and “stakeholders” who created and facilitate this system of human trafficking for profit and expect them to change it.  We need new ideas, fresh approaches and individuals willing to work as a team to effect a change. 

We have seen several supposed corrective bills both state and federal that do nothing to protect individuals from the predators that access this system, that do nothing but further secure this system.  We need ideas, input, and an end to this predatory system.  We are up against a well funded and well connected system that is nothing less than organized crime.  Its up to us to change it!

We will be taking calls during the 2nd hour of this show if you have questions, comments or suggestions on how to proceed. 

To contact us: tsrad1@outlook.com

TS Radio with guest: Linda Kincaid

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 painy

Join us at 7:00 pm CST!

Call in# 917-388-4520

We will take calls the last half hour of the show. 

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Linda Kincaid, MPH is nationally recognized as an authority on civil rights of the elderly and disabled.  She has presented training at conferences across the country.  At the Aging in America conference in March, Linda will present a 90-minute workshop on Isolation: Elder Abuse in Long-term Care.

Tonight, Linda will discuss two cases of elder abuse by Public Guardians in California.  ABC7 in San Francisco recently covered the story of Reta Cook, who fled the Santa Clara County to escape conservatorship.  Although Reta was no longer in the county, the Public Guardian continued deplete her assets for services that were not provided.  Listeners are encouraged to view the segment and post their comments to the story.

Linda will introduce listeners to the Margarita Zelada conservatorship in Monterey County.  While visiting her daughter in Pacific Grove, Margarita was forcibly taken from the daughter’s home and placed in a facility where she is allowed no visitors.

Advocates pointed out that false imprisonment and forced isolation are violations of Margarita’s civil rights.  The Public Guardian retaliated by going to court to strip Margarita’s right to have contact with advocates.

The Public Guardian recently filed a motion that could permanently strip Margarita’s right to have any contact with her daughter.  The motion appears to be retaliation for continued media coverage of the civil rights violations.

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http://www.blogtalkradio.com/marti-oakley/2014/01/13/ts-radio-with-guest-linda-kincaid

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

Chemung county continues persecuting Sara and Gary Harvey

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new-logo25 Marti Oakley

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It seems the tortured imprisonment of Gary Harvey in Chemung County New York, will never end.  Mr. Harvey who suffered a head injury as a result of a fall in his home seven years ago, has been a real cash cow for not only the hospital he is confined to, but also for numerous agencies, attorneys and predatory guardians.  As long as Mr. Harvey can be owned and controlled by the predators, his safety, welfare and general overall health will continue to deteriorate.  But there is money to be made!  And Mr. Harvey has been a virtual ATM for those who continue to hold him hostage.

Mr. Harvey has been billed more than 1 million a year in medical and rehabilitation costs billed to his wife’s insurance.  Much of this was for rehabilitation services that never occurred.  State agencies and agents are availing themselves of Mr. Harvey’s social security checks, and any funds supplied by the Veterans Administration along with Medicaid funds.  You can see it is not in the financial interests of the predators involved to release Gary from his imprisonment.

To understand just how vindictive, how callous and vicious these individuals can be, please note the letter received shown below.  Keep in mind this is Sara Harvey’s husband who is being abused here, and this letter is in regards to his birthday visit from his wife:

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chemghON:  2/27/13 DEPARTMENT OF SOCIAL SERVICES  ADMINISTRATIVE SUPPORT DIVISION

                             HUMAN RESOURCE CENTER

                             425 PENNSYLVANIA AVENUE

                                           P.O. BOX 588

                   ELMIRA, NEW YORK 14902-0588

                     (607) 737-5403 FAX (607) 737-5500

            TO:  Theresa Duffy, SJH  and CIS

            FROM:  Elizabeth Beckwith, Adult Services

            RE:  Gary visitation

Deretha Watterson, LCSW-R Kellie Lowman

Commissioner Children and Family Services

During Gary’s visit today, 2/27/13, Sara Harvey is permitted the following actions:

  • Kiss Gary two times on the cheek

  • Hold hand under the following conditions:

  • Hands are visible at all times by the monitor (CIS staff person and camera).

  • Sara’s hand should NOT be moving at all when holding Gary’s hand.

Please note that the above two actions shall only be permitted under the above conditions.  IF Sara deviates at any time during today’s visit from these stated expectations, then all touching should stop immediately.

These permitted actions cease at the end of the visit today.

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