WHAT YOU NEED TO KNOW ABOUT UNLAWFUL AND ABUSIVE
GUARDIANSHIPS / CONSERVATORSHIPS: Many lawyers write articles suggesting advance directives, including a Durable Power of Attorney ("durable," meaning it remains in effect after a person becomes incompetent).
Question: But what if you wind up in front of a corrupt
judge who ignores the grantor's wishes?
Answer: He can override any legal document executed by the AIP ("alleged incompetent person.") (Note: The person is only "alleged" to be incompetent until they are legally adjudged to be incapacitated; then they are described as the "ward." They are actually wards of the State.)
Question: Aren't there any safeguards against that?
Answer: That's up to your state legislators and prosecutors. An honest judge will hold a full evidentiary hearing to determine the validity of the prior Durable Power of Attorney - the issue being whether the AIP was incompetent at the time of execution. A corrupt judge will not hold any hearing; he/she will just ignore the Power, and sometimes invalidate (with a stroke of the pen) even a Last Will and Testament, putting all sorts of liberties in the hands of the fiduciaries.
Question: Why would a judge do that?
Answer: By unlawfully overriding the powers granted, he can then put his academic or political buddies into the guardianship, to make-work and feast on fees.
Question: What is the quid pro quo; i.e., what's in it for him/her?
Answer: That we will not know until the prosecutors start prosecuting judicial corruption in a meaningful way.
Source:
VictimsOfGuardians
Answer: He can override any legal document executed by the AIP ("alleged incompetent person.") (Note: The person is only "alleged" to be incompetent until they are legally adjudged to be incapacitated; then they are described as the "ward." They are actually wards of the State.)
Question: Aren't there any safeguards against that?
Answer: That's up to your state legislators and prosecutors. An honest judge will hold a full evidentiary hearing to determine the validity of the prior Durable Power of Attorney - the issue being whether the AIP was incompetent at the time of execution. A corrupt judge will not hold any hearing; he/she will just ignore the Power, and sometimes invalidate (with a stroke of the pen) even a Last Will and Testament, putting all sorts of liberties in the hands of the fiduciaries.
Question: Why would a judge do that?
Answer: By unlawfully overriding the powers granted, he can then put his academic or political buddies into the guardianship, to make-work and feast on fees.
Question: What is the quid pro quo; i.e., what's in it for him/her?
Answer: That we will not know until the prosecutors start prosecuting judicial corruption in a meaningful way.
Source:
VictimsOfGuardians
2 comments:
The Money Tree: The Guardian Grab and the Judge looking the other way!
Good site!
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