PICTURE THIS! A knock on the door - the police are there to remove you, and you don't know why; you're not a criminal!And by the time you find out why, you are no longer in control of your life, liberty or property.
Not until your assets are seized and secured by an unlawful court order which you knew nothing about, do you get the constitutionally required notice telling you to come to court for a hearing.
It wasn't until NASGA member Danny Tate got to court and asked for an adjournment so he could hire a lawyer, that he found out he could not, because he had no money!
Where was the money? In his estranged brother's control - his brother, the "temporary" conservator!
Danny's future was and still is under the control of a judge and his court-appointed guardian/conservator and other appointed "fiduciaries" and experts.
He's fighting back now to escape this awful two-and-a-half-year nightmare.
Guardianship is an ancient law. In Olde England, the King had to provide for the welfare of his subjects. The historical purpose of guardianship - or "lunatic proceedings" - as they were then known, was to protect that person and his/her property. If they became well, their property was returned.
That idea was adopted in America, and also known as "lunatic proceedings" in the early years - with one difference - you rarely get your money back! The "protection" statutes are promulgated under the police power of the state, from its duty to protect its citizens - "parens patriae" (parent of the country)!
Those adjudged to be incapacitated become wards of the State under what are now known as guardianships or conservatorships. A fiduciary - supposedly a person of trust - is appointed by the court to take charge of the person's life, liberty and property. To PROTECT and CONSERVE is the ostensible purpose of the law.
But are these vulnerable people being protected and their property and assets conserved according to law? Not according to NASGA! Unfortunately, guardianship/conservatorship has grown into something very different, more like a feeding frenzy for professionals and for a growing number of nonprofit corporations.
“Guardianizing” an innocent person based on unfounded allegations, false information and exaggeration in the petition, for nefarious purposes, without due process, is becoming increasingly easier due to the lack of monitoring of the state courts. “Incapacitated” now replaces “incompetent” in a growing number of state statutes, thereby exposing even persons with minor or temporary physical disabilities to a complete and potentially permanent loss of life, liberty and property, most often to the day they die. It's like a whirlpool - once you get sucked in, it's hard to get out - even in one of those nasty new "emergency" guardianships! The emergency is supposed to be dealt with on a short-term basis. But not in this case before Nashville Probate judge Randy Kennedy!
Danny Tate, a Nashville musician, was sucked into the sick "protection" machine by an unlawful process: TN law says he should have notice in advance of a "hearing." So what did Judge Kennedy of the Seventh Circuit Court in Nashville, TN, do? On 10/23/07, instead of holding a "hearing," relying on only the unsubstantiated and fraudulent petition of Danny's brother as "evidence" of an "emergency," he issued an order finding Danny to be in need of a "temporary" conservatorship. But even a sworn petition, with nothing more, does not constitute "evidence." Besides, you don't take evidence from only one side in a case. That's sneaky! They have a fancy name for it in the law: "ex parte"! That means "one side without the other," but it really sounds more like "Let's Party!" The other legal words to describe Kennedy's actions are "colorable" and "under color of law."
Without the constitutionally required personal service, Kennedy had no lawful authority to even issue such an order, but Kennedy is unconcerned, because he's obviously been getting away with that kind of thing for a long time, as the only judge in the probate court!
Well, after he appointed Danny Tate's brother to be his "temporary" conservator, and allowed him to grab all Danny's assets, not only could Danny not then hire a lawyer of his choice; he couldn't work, either, because most of his music equipment was confiscated by his brother, along with his assets!
Nice, huh?
In order to finish the job, after the money grab was a done deal, Kennedy had one of his appointees arrange for personal service on Danny, with the assistance of the police, for a hearing at a later date. On 11/14/07, Danny appeared in court and asked for an adjournment of the "hearing" to get a lawyer. Kennedy wouldn't allow it; he forced Danny to proceed without counsel, and without notice or warning Judge Kennedy ordered Danny removed in handcuffs from the courtroom.
How would you like to be hauled into court, there to learn that your money has already been grabbed by your adversary - these proceedings are not supposed to be adversarial, by the way, but they surely are - and you're not able to hire an honest lawyer to protect you? "Honest"? Sure! If the judge appoints a lawyer for you, fuggedaboutit! That lawyer is a team player, and you haven't got a prayer! Danny had a few of those - all paid for from his own assets under his brother's control - before he found an honest lawyer on his own. Michael Hoskins worked seven months without pay because Kennedy initially denied his application for payment - until ten Facebook "Friends" wearing "Free Danny Tate" tee-shirts to court convinced Kennedy otherwise.
Mind you, Danny's money paid his brother's lawyer all along, including a generous up-front $25,000 "retainer." The court-appointed guardian or conservator, if there's enough money/property in the ward's estate, will gladly share it with his friends, hiring lawyers and accountants to help with plundering the estate in the name of "fee billings" until the Ward is indigent, leaving his/her lifetime care, on Medicaid, to the American taxpaupers! That's Medicaid fraud; isn't it?
Danny's "temporary" conservatorship has been "temporary" ever since 2007, but now an appellate court has straightened Kennedy out on that issue, and a final hearing on permanency will be held this morning: Seventh Circuit Probate Court, 1 Public Square in Nashville, TN.
So much for constitutional due process, civil rights, human rights, life, liberty and happiness! How do you get free from this insanity? It's like a rotting cancer, growing out of control, all across the country today.
What happened to NASGA member Danny Tate can happen to anyone! But with the help of Facebook and other "Friends," we hope he will soon be free of his nightmare!
Danny's brother cancelled his health insurance, the insurance on his studio and music equipment, without notice to Danny. Everything was lost in the recent flooding. Most recently, he stopped Danny's support payments to his children. PROTECT and CONSERVE, indeed!
We must question why a judge would knowingly violate the law and individual rights and protections. He/she must be incompetent or corrupt; there is no other explanation.
Something is very wrong when government allows things like this to happen to its citizens, in gross violation of all basic rights and protections.
The protection program as presently operated across the states has now become "THE PROTECTION RACKET"! That's why NASGA has asked Congress to intervene, even before we learned about Danny's story: www.AnOpenLetterToCongress.info.
Please play my favorite YouTube video. Several puppets play the role of judge, guardian, conservator and lawyer in a court hearing where a forced guardianship is occurring.
Video Source:
YouTube
Source:
Written by a NASGA Member
I hope and pray the hearing today cancels this guardianship of Danny, that all the supporters and media have been successful. Public support and media is not an option most victim's have.
ReplyDeleteGo Danny Tate and be a voice for other's.
Wasn't it the Mafia that ran the
ReplyDelete"protection racket"? So now it's operated by the Barfia?
Sounds familiar except in our case
ReplyDeletethe Berkeley Heights police department would show up at our home to harass us and embarrass us on monthly basis.
Once the judge was forced to give the Guardianship to me the spouse because it was documented after a year in court that it was Sloan Kettering that was trying to harm
my husband ............ the police went after our 14 year daughter with child services.
We contacted the Prosecutors office but Ana Zsak did nothing and that is because on of the police officers brothers Richarh Stamler worked there. Oh also Teddy Romankow the Prosecutor used to be the mayor of Berkeley Heights.
Beware they will go after your children also because if your family becomes the Guardian they will try to discredit you again because if you are an unfit parent a disabled person can not live with you.
4 police officers showed up at our home about 14 days after the guardianship was granted and tried to convince me to take my daughter to a hospital because they said someone called them and stated she was cutting. The call was from Virginia, hum we live in NJ.
When I would not do it, they had Child Services parade our daughter around a HS because Det. Michael Mathis put in a false report to Child protective services that I was delusional.
I reported the incident to everyone including the FBI and nothing happened.
Now the police can not understand why our family is upset with them.
Let's hope that the United States soon does not make families of the alleged Ill, disabled and elderly wear arm bands like in Nazi Germany so we will be easier to round up. In NJ now young drivers have to have red stickers on their license plates.
Oh after a school and police harassed a 14 old it was found out that the people from Virginia and oddly their story did not make sense - oddly there are two different transcripts that do not match of the incident. Our child according to a therapist was not cutting the Counselor in Morrristown NJ asked how did this get so out of hand - you know what they did to you is illegal.
Yes it was criminal but the criminals were the police so they got to pass go on the Monopoly board in a shiny new race car and landed on Park Place.
Governor Livingston HS in Berkeley Heights NJ was involved in this mess. We filed a complaint with the State Department of Education and they looked the other way and still are.
They sent the case to a Judge Karaszegi and he told us if we do not like how we are treated move.
He can not help us unless we classify our daughter as Special needs
Oh one thing I forgot the School Board Attorney from Porzio, Bromberg and Newman in Morristown NJ is Vito Gagliardi well his brother works for the Union County Prosecutors office and his father used to be the Head of the New Jersey Department of Education.
It pays to fix things on all levels remember Guardianship abuse is a lucrative racket for the Judges and Attorneys that choose to be unethical.
President Obama's office knows about all this they sent it to the Department of Justice and they sent us a letter to contact the Better Business Bureau go figure
In my opinion, the guardianship racket is the biggest threat to society. Anyone have a number of current wards of the state nationwide?
ReplyDeleteAnyone have an amount of estates that went from the owner of the assets to the guardianship racket players?
How much money has been diverted from the rightful heirs to the probate mob squad?
The younger generation doesn't realize how they will be negatively affected until it's too late.
I would rather take my chances with thugs in a dark alley in Chicago than to be mugged and drugged up by order of the court.
In the alley, I know the risks, what to expect but in a court of law, the judge hands down a life sentence without representation done in secrecy under color of law.
COURT TERRORISTS!!!
I don't know whether or not Danny Tate needs a guardian to protect him against his alleged drug habit. However, I do believe he should have been provided legal representation of his own choosing. And, as far as the legal profession being a racket, I'll simply quote Fred Rodell, a highly respected Yale law professor, who wrote back in 1939 in his book "Woe Unto You Lawyers" "The legal trade, in short, is nothing but a high-class racket. It is a racket far more lucrative and more powerful and hence more dangerous than any of those minor and much-publicized rackets ... Furthermore, the lawyers - or at least 99 44/100 percent of them - are not even aware that they are indulging in a racket, and would be shocked at the very mention of the idea." (ref. page 10 of the 1980 paperback edition). Anyone who wants to do something about this racket (versus just their own experience with it) can write me at tvfields@oh.rr.com.
ReplyDeleteDanny Tate is FREE!!!
ReplyDeleteWhy is "sibling abuse" not a crime?
ReplyDeleteChild abuse --- crime
spousal abuse --- crime
elder abuse --- crime
animal abuse --- crime
self abuse --- grounds for involuntary psych commitment
sibling abuse --- an open and unregulated season ... no license even required
In January 1987 my older brother guardianized me. The atty appointed my guardian was even nominated/selected by my brother.
ReplyDeleteWeeks later my brother "allegedly" purchased from my guardian the corporation I had founded in 1979.
Ready for this one ???
My brother, paid my guardian, with my money, to buy my corporation....
and they think I will just go away ---- riiiiighht....
and here is the kicker --- months after this sleezy bit of BS .... the atty appointed my guardian became a sitting judge in the county....
This video actually represents the way guardianship is awarded - except the puppets were way too truthful - the courts prefer to use the phrase "for their own good" and "we are only protecting them." They say these things while robbing the wards of all their possessions. These people are worse than vultures.
ReplyDelete