FREEDOM FROM INTERFERENCE
A judicial hearing to determine the capacity of a person to live free from the influence of others is an adversarial process. One method to determine the incapacity of another begins with a formal petition by a plaintiff to a court of proper jurisdiction. The alleged incapacitated person, the defendant, may have no idea that a plaintiff contemplated such a petition. He or she may have no reason to believe that their personal life is in need of outside control, have not caused the plaintiff any loss, and may not be a threat to their person or a threat to others, or worthy of confinement. In some cases a plaintiff’s motivation is for personal profit; simply to acquire the assets of the alleged incapacitated person for the plaintiff’s personal gain. Similarly, personal profit can motivate others to associate with the plaintiff to help realize success.
● Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered per-trial examination by an examining committee.
Court ordered examinations, and examining committee members, are controlled by statute.
If indicated, the committee’s examination must be comprehensive and include:
1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.
Court ordered comprehensive examinations of such innocent persons’ minds and bodies may be unlawful.
Complete Essay and Source:
Freedom From Interference
About the Author of "Freedom from Interference", "Marked for Destruction", and the proposed "Adele/Chris Act":
John Caravella is a retired police officer. Since his retirement, he volunteers his investigative skills to help others. “That is how Adele came into my life,” Caravella said. "I learned that she was 'imprisoned' and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet."
A crime perpetrated by her Professional LegalGuardian, arranged by an Attorney.
Locked away in an Assisted Living Facility against her will.
Her Diary-based account of Elder Financial Abuse, Estate Bashing,and Fraud.
Learn how Adele's neighbors rescued her.
See:Marked for Destruction
A gift from Adele's Neighbors:
Read Marked for Destruction FREE online!
Read proposed legislation submitted to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a "Model Law" to combat abusive guardianships.
A judicial hearing to determine the capacity of a person to live free from the influence of others is an adversarial process. One method to determine the incapacity of another begins with a formal petition by a plaintiff to a court of proper jurisdiction. The alleged incapacitated person, the defendant, may have no idea that a plaintiff contemplated such a petition. He or she may have no reason to believe that their personal life is in need of outside control, have not caused the plaintiff any loss, and may not be a threat to their person or a threat to others, or worthy of confinement. In some cases a plaintiff’s motivation is for personal profit; simply to acquire the assets of the alleged incapacitated person for the plaintiff’s personal gain. Similarly, personal profit can motivate others to associate with the plaintiff to help realize success.
● Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered per-trial examination by an examining committee.
Court ordered examinations, and examining committee members, are controlled by statute.
If indicated, the committee’s examination must be comprehensive and include:
1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.
Court ordered comprehensive examinations of such innocent persons’ minds and bodies may be unlawful.
Complete Essay and Source:
Freedom From Interference
About the Author of "Freedom from Interference", "Marked for Destruction", and the proposed "Adele/Chris Act":John Caravella is a retired police officer. Since his retirement, he volunteers his investigative skills to help others. “That is how Adele came into my life,” Caravella said. "I learned that she was 'imprisoned' and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet."
A crime perpetrated by her Professional LegalGuardian, arranged by an Attorney.Locked away in an Assisted Living Facility against her will.
Her Diary-based account of Elder Financial Abuse, Estate Bashing,and Fraud.
Learn how Adele's neighbors rescued her.
See:Marked for Destruction
A gift from Adele's Neighbors:
Read Marked for Destruction FREE online!
Read proposed legislation submitted to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a "Model Law" to combat abusive guardianships.
I do not understand how the courts can describe their farcical proceedings as nonadversarial. They are more adversarial in nature than anything I have seen in my lifetime - and they don't play by the rules!
ReplyDeleteAdele was blessed and so lucky to have friends as she did and of course, one man in law enforcement who 'beleived'. I have been trying to find that one person in law enforcement, or family or friends, and there are none who want to care because it's easier to betray than to rescue. REading portions of the book this morning I cried. Adele had angels and I wonder why all of us victims have been discarded and onl a few succeed? The answers may be found in the book. Read it. Then read it again. Unfortunately there are few John Carvella's in the world: too few!
ReplyDeleteI didn't know anyone had an option of refusing.
ReplyDeleteI don't see any possible relevance to this in California.
ReplyDeleteHere we have a system of involuntary 72 hour detention, under WIC 5150, under our LPS laws, in which you do not have the option of declining to be examined for benefit of "treatment" by a psychiatrist at least if you are hoping to get released and not go on to the next phase of the process, the 14 day hold for treatment under WIC 5250.
To qualify for the LPS (Lantermann-Petris-Short) Act, you must be either a danger to yourself or others, or "gravely disabled." Gravely disabled is a legal term of art that means that you are unable to care for yourself (provide basic food, housing, medical care) due to a mental illness . That's the thing they usually don't appear to understand. It has to be due to a mental illness of some sort. If you are merely retarded or are epileptic or chronic alcoholic, that exempts you automatically, if a doctor concurs.
That being said, the way people here get conserved is that the cops or someone else picks them up and transports them to a "mental health facility" to be examined.
It other words, this is a very impractical solution, unless you are lucky enough to still have your freedom, but in most cases you are picked up by police (as happened in my daughter's case) and your refusal to go along with the examination may be and often is used as "proof" that you are unable due to a mental illness to recognize your need for treatment and therefore crazy enough to need the treatment you do not recognize your need for. And you will be drugged on psychatropic drugs you do not need or want that will wreck your brain and make you crazy.
There was a famous experiment a few years back by a dissident psychiatrist, David Rosenhan, which can be found on the Internet, showing that psychiatrists can never be profen wrong, but I will not try to summarize it here. Go look it up.
http://www.youtube.com/watch?v=jXp-ANr8jAQ
You will be laughing your sides off at how ridiculous this is. What we are fighting is Big Pharma.
If a person refuses, can't the examination committee stand on the doorstep and call the sheriff right then and there to force the examination?
ReplyDeleteIn Georgia, local law enforcement can force you to attend the neuropsychological evaluation. You are not required to say anything at the evaluation, but they can make you go.
ReplyDeleteWow! We were damn fools to have allowed Mom to be subjected to a court ordered examination. All one needed to do was listen to her and you'd learn she was competent.
ReplyDeleteMom knew the person who was seeking guardianship of her was an avaricious predator. She'd made plans for her old age but those plans went out the window when a probate court put a fox in charge of the henhouse.
Sadder but wiser in Ohio
This is one way to deal with a pre-stacked deck of cards!
ReplyDeleteBy changing legeleseSLEAZE language from incompetent to incompacitated and having court ordered psychologists as the only healthcare provider vs medical doctors to rule out a medical condition so common for elders that generates their confusion and by their egregious 72 involuntary commitment by these quacks and black robed bandits of the state courts, egregious crimes against humanity prevail. Since lawyers have infiltrated every branch of gov't and office they now write the laws and enforce them and customarily for their own poltical and financial gains. A society without Justice is destined to Fail as evidence by history. History always repeats itself. We are at the brink of failure for our society's economic future and well being thanks to in large part, the self governed/self protected legal society. We the People get hungry enough and RISE UP to take their government back, victims will be afforded JUSTICE against these Traitor Predators.
ReplyDeleteWe need to scrap all these laws that have taken away our Constitutional rights and protections as a FREE society giving Government under Authority and Power to subjugate anyone or anything that got it its way of corruption over many decades and now mainstream society is being preyed upon to FEED this Beast and its partnerships. One Nation Under Fraud. Welcome to Amerikka, the Land of the Banana Republic.
ReplyDeleteStand by your Constitional rights, Bill of Rights and Patient Bill of Rights.
ReplyDeleteA court can only order an evaluation if there is proof the individual is a danger to themselves or others. The practice now is to grab the individual and use court appointed quacks to fabricate the proof for CASH as no Insurance Company will pay for this scam and they will FIGHT it. The individual and their family's do not have the resources to take on a state gov't and its legal criminals as a Monolithic Corporate Entity in the pockets of politicans does.
It is ALL about the MONEY not humanity. Our Government has been transformed to BE a Predator to bushwack and hoodwink family's out of income/assets to pay its debt ridden coffers and feed its gov't partnerships for their economy.
The is provable truth in this practice of 'redistribution of wealth' it is even mathematically calculated by gov't of what percentage to strip off the backs of their citizens and every venue in gov't is DESIGNED to perpetuate this. The Paper Tiger is a paperwork monster that produces paper it calls 'services' for a fee by us. Fight to get REAL services and the law enforment, judidical branch of gov't is put into predatory mode to criminalize and povertize... snag you to feed off your body pumping drugs and smoke screen treatment plans: what you really get is ABUSE.
May the Laws of the Universe hold these subhuman creatures accountabble in this Lifetime and may GOD damn their souls for Eternity in the next lif.
You cannot fight the Law with the Law in Amerikkka, the Judicial branch of government is corrupt to the bone. We can be surprised by a few good Employees with the Authority to stand up for rare cases along the way but the systems only learn by thise mistakes to tighten the loopholes and the result is 'expertise' in corruption.
ReplyDeleteEliminate LegaleseSLEAZE from the process of law, it was 'created' to abuse. Eliminate Immunity: it was created to protect misconduct. Eliminate gov't run courts for Public tribunals to being any gov't, official, politician to Justice by The People. Impose term limit so connections over time cannot be built for personal and poltical gaiins.
A Free Society REQUIRES public oversight of government operations. A society without Fair and Just legal processes is a society doomed to FALL.
The black robe does not provide AUTOMATIC Honor and Integrity and sheeple must not bow down to it. The black robe in Amerikkka has become a black robed criminal and we must not HONOR Judges with the Title Judge. We must start rererring to them for who and what they are: Black Robed Bandits. Traitors.. any degrogatory name, term we can devise as this will change the mindset of the Public who holds them in HIGH ESTEEN until they too are victimized.
We must CRUSH the legal society and all their rackets and scams by raising public awareness. Becoming knowledgable of our Constitutional rights, Bill of Rights and Patient Bill of Rights and standing by them in every Motion we file and never submitting to 'agreements' imposed under duress. If sheeple do not have the SPIINE to stand up, at the very least WRITE ON THE agreement 'under duress' by your signature as this will give you the option to fight the fabricated diagnoses by their quacks, and fabricated allegations/charges they make against innocent citizens.
ReplyDeleteJoin other groups as the Guardianship Racket scam also targets children and the disabled.
ReplyDeleteThe 'kids' guardianship racket scam produces horrific outcomes: 26,000 parents are committing suicide from having their children unjustly stolen. CPS and the family destruction courts have many networks for the pedophilia industry.. a HUGE Enterprise both nationally and internationally and as we ARE a globalized economy with open borders.. kids are a feeding ground for these predators and used as party favors to seal deals in the globalized economy for top level ececutives and gov't officials. Former US Senator Nancy Shaefer, RIP, was murdered only days before she was to testify at the Haque and shortly after she testified before the US Congress. They covered up this crime calling it a murder/suicide by her elder husband who first they claimed had termial cancer; when this LIE was exposed, they cooked up 'financial reasons' as the cause. NEVER think your gov't is not capable of KILLING anyone who gets in their way of MONEY MAKING. We are just numbers with dollar signs over our heads.
Few will stand up to this Beast and we thousands over the past decade alone who have been murdered whereby the gov't Medical examiner and law enforcement processed as accident or suicide.
They will take you OUT if you become a threat.. mostly they just FEED off you through the corrupt court systems and drive you to your early grave.
Oh, the 17.8% suicide rate for our 18 to 24 yr olds IS a shocker decision makers are working to address with new treatment modalities as this is a serious problem for our military. Decision makers IGNORED the stats before the Military petitioned for reforms and funding.
Government 'service' programs are a SCAM and the burden on our society is testiment to this fact. Recividism rate for inmates is over 80% for adults and over 85% for juveniles. Most come from the gov't/partnership abuse care systems. Crime is escalating...gov't CANNOT protect citizens.. so all these laws to protect us from every behavior and risk of is just a means for citizens to buy back their Freedoms and Liberties to FEED our abusive gov't's coffers and personal wallets.
I would like to know just how many competent elderly people are being declared incompetent. Or, as Jeff Golin says, is proving a person competent even possible. Wouldn't it be necessary, to look good on paper, for the ealuator to find something "wrong"? Cockroach motel, check in but don't check out.
ReplyDeleteI also am interested in the methods used to "transport" people to evaluation. Do police invite people into their squad cars saying "Please come with us"? I am sure this is the way they do it in America. And if done this way I am sure most 'good' Americans will be glad to go to evaluation. After all the government abviously considers evaluation a good thing.
Perhaps evaluation, by the government's reasoning, should be manditory before Americans can register to vote. What if the wrong people continue to be elected because un-evaluated Americans continue to vote? In fact, why not make evaluation manditory for anyone to run for election? Now that I thnk of it, why not have all persons who want to run for office evaluated instead of making voters be evaluated? It is far cheaper to have those who want to run for office evaluated. And they would naturally want to be evaluated, since they have so much faith in evaluation.
Thank you so very much John Caravella for your endless efforts and hard work releasing your views and insight to we the people. Knowledge is power and power is what is needed to unite to fight for our rights before they are taken away with no chance for recovery.
ReplyDeleteWhat is an "AIP" ?
ReplyDeleteMary Waddell
In Pa we do not have a committee examination. I just takes the signature of a doctor and even when a doctor did NOT recommend a facility, the Area Agency on Aging does whatever they want, even when one of their own does not recommend a facility. I am fairly SURE that NO new statutes can have any value; there is NO enforcement, except against citizens; never against an AGENCY.
ReplyDeleteI personally know a few people who know the law, which means knowing the difference between statutes & "law". Jurisdiction is the key & knowing how to stay out of the jurisdiction that statutes apply. We living men & women are naturally out of the jurisdiction of the so-called courts, however, few of us know that. It does take study followed by fearless confidence to succeed. I wish I knew then, what I know now and it is done most successfully by nipping it in the bud upon the first invitation into 'court'.
ReplyDeleteMary: An "AIP" is an acronym for "Alleged Incompetent Person."
ReplyDeleteI have read all the comments above with much interest. Refusal of examination is not proposed here for emergency commitments, as one may be a threat to themselves or others, but rather for those who are subjected to a guardianship petition generally commenced in a probate court. But even in an emergency commitment situation the process usually turns adversarial after a prescribed time, which is when the emergency commitment terminates.
ReplyDeleteIn a routine guardianship proceeding, consider heavily the personal freedoms at stake. Refusing an order to be examined may be the last right the subject of the examination may have left to exercise; and after careful consideration exercise it they should.
John Caravella
The only problem I can really see here is that old people generally do what they're told. If the examination committee comes to the door and announces they're there to do this court-ordered examination, then the AIP likely looks at the persons there and sizes them up quickly. If a doctor is standing there wearing a white doctor's coat, the elderly person automatically thinks that he/she should do what the doctor is saying to do.
ReplyDeleteSo, the question would become, if refusing is to the AIP's advantage, and it appears you're right that it is, then how do we get this message out there so people know to refuse before they're trapped?
This is what we need. Guardians have tools and tricks that work for them. So do bad judges and or lawyers.
ReplyDeleteWhy not victims? Why not have our bag of tricks to use to defend ourselves or our loved ones?
We need ways to fight back and this is a good start. Thank you John Caravella.
Do you think this could work in all states, Mr. Caravalla?
ReplyDeleteDear Justin:
ReplyDeleteIt is likely that decisions from the U.S. Supreme Court would provide protection over any state law. The full text of the Essay addresses two specific U.S. Supreme Court decisions.
My proposal by way of this Essay is to provide what could become a reasonable tool to use against any state court that orders a free and innocent person to submit to an examination.
As I recommend in the Essay's conclusion, such an exercise of individual rights should be discussed with a professional. Certainly, and expectedly, a refusal to submit will be met with resistance from any court. It is unfortunate that rights must be earned rather than given.
John Caravella
I tested the courts through every level, state and federal, following a guardianship and probate. An appellate "panel" of one in the Second Federal Circus REFUSED TO OBEY controlling authority of the Supreme Court, and the clerks later rigged the caption to avoid appeal to SCOTUS.
ReplyDeleteIn other words, a total fix!
Courts have 'court friendly' doctors who rubber stamp any and all guardianships because it's big money for them and other 'officers of the court'. My Mother's personal physician wrote the respondent to an order of protection four times, recording that Mother was not incompetent, gave him direction, and therefore, he would not sign. When the Respondent to an order of Protection told the court that Mary G. Sykes' primary doctor would not sign the CCP211, rather than dismiss the Guardianship petition, she instructed "Then find a doctor who will [sign the CCP211]. At this time, Mary G. Sykes had not been served. No family, had been served. Suffice to say, the doctor shopping paid off and the respondent to an order of protection was named the Plenary Guardian. Mary G. Sykes has been isolated from friends and family, from the community and activities where she thrived, and has NO ACCESS TO THE COURT even though WArds are suppose to have 24/7 access to the court (CCP214). So John, I find you a hero of hero's and each one of us should have an angel as you in court with us, but for most of us, and I know in Cook County, getting a person out of a guardianship is very difficult: what happens is that their money runs out and then they're either over medicated or suffocated. Thank you John for saving one life. I'd like to interview you for my book and ultimate docu-drama "The Whores of Justice v. Mary G. Sykes at 90" (There will be about 6 to 8 other story's told....) 773-910-3310
ReplyDelete