Those courts are the ones where guardianships and conservatorships are handled - or mishandled?
DUE PROCESS IS BEING DISREGARDED!
And that's because the law is NOT clear and unambiguous.
Due process requires notice, opportunity and a fair and impartial hearing.
It isn't working that way in "protective" proceedings all across the country.
Elderly and disabled people who don't know their rights are being sucked into "The Protection Racket," without notice, and then being abused and financially exploited, even if they receive notice.
A NASGA member was victimized by a judge because there was a word missing from the statute:
Here's the statutory language: "The court may schedule the hearing in less than seven (7) days from the date of service on the respondent; provided, that actual notice of the hearing is given to the closest relative and the respondent."
That should be clear enough for most people: provide notice and then hold a hearing. But because there was a word missing from the statute, the judge took advantage of that omission, despite the fact that HE TEACHES LAW!
What's the missing word? "Prior."
P-R-I-O-R!
"Prior" means "before," as in: You can't take a person's property before he has notice and an opportunity to appear and participate in a hearing.
The law was not terribly unclear - even I understand it: You serve the person FIRST and then you hold a hearing.
Not that judge! He used telephone notice to hold a so-called "hearing" without the victim, after which he had the clerk issue a hearing notice for a future date. By that time, because of an unlawful order by the judge, the victim was no longer in control of his property - control had already been given to a "conservator" - and he could not hire a lawyer!
That judge must have forgotten what he learned in law school. So did the legislators when they amended the law. They left that word out - again!
Dickens said "The law is an ass." No, it's not the law! It's the tricky way the legislators write it!
That's just an example of how due process isn't working in our state courts.
Congress promised to protect the elderly.
Why aren't they doing it?
By a NASGA member.
See: "The Protection Racket" (May 24, 2010)
Good information, thank you.
ReplyDeleteInstead of conserving a ward's assets, guardianship and conservatorship have become a feeding frenzy for fiduciaries.
ReplyDeleteI must admit that I have had mixed experiences when it comes to the Judiciary, Attorney's, District Attorney's and Attorney Generals here in the United States, I have meet some exceptional Judges that have taken on the role to in the hope to stop the corruption and I have meet others that my natural reaction would be to handcuff them on the spot.
ReplyDeleteIn this case it would be the latter, I see several points at play here the first being the flagrant disregard for due process and the unconstitutionality of the Judges actions.
Secondly I see a compete loss of common sense and very possibly Judicial Misconduct that should be setting off RED FLAGS..!!!
For a Judge to use such a pedantic position from the Bench in the wording of a motion, would not withstand what is commonly refereed to as "The Reasonable Man's Test", that being "what would a reasonable man do" under TOR Law or as most would refer it as Equity Law..!!
The Actions of the Judge or Justice in this matter is beyond reprehensible, his action at best has brought his and others position on the Bench into disrepute.
No wonder America as in other countries, are losing faith so quickly in all levels of Governments at this point.
Well Judges are elected in this country, as I say it might be time to make some examples of them when it comes their time for re-election...:)
Report the lawyers to the state bar. Report the judge to the state judicial conduct committee. It's the only way this garbage is going to stop -- putting these crooks' law license and judgeship on the line.
ReplyDeleteIt looks like many of the judges & attorneys are just a bunch of thieves! If they were not thieves they would let family members care for their loved ones instead of letting court appointed guardians isolate them from their family and hold them against their will. This is just ABUSE!
ReplyDeleteGood post!
ReplyDelete