Having successfully stolen an estimated 3-5 billion annually from the elderly (low estimate) some think the real amount is closer to 10 billion. And, while there are cases of family members, friends, or others in the community who have exploited the elderly and abused them, the vast majority of cases, especially where a large estate is attached, are committed by parasitic individuals who work as predators within and with the cooperation of the probate system, for no other purpose than self-enrichment. These parasites could not care less about the lives they destroy or the misery they cause other human beings.
“Go ahead and see what you can do, because you have been deemed incapacitated, so everything you say or do is meaningless,” said Brenda Uekert, principal court research consultant with the National Center for State Courts. “You can’t even get an attorney, because a judge has already determined that you don’t have the ability to make decisions for yourself.
Two recent bills supposedly intended to address the growing threat of predation of senior citizens who committed the new age crime of aging with assets, address none of the real causes of abuse, neglect, and financial exploitation that occurs under the protection and direction of the so-called “stakeholders” who assembled this system of trafficking, legalizing the conversion of assets from the targeted individuals into the accounts of total strangers whose only interest is self enrichment, is even acknowledged.What Is Stolen?
Thefts from the dead fall into two basic categories:
1) Theft from the body of a dead person; and
2) Theft of property and/or money from their home and estate.
It just so happens that thefts from vulnerable adults and elders also fall into two basic categories:
1.) Theft of property, including homes deeded over, cars retitled, medication (especially narcotic pain medications that can be sold for cash), art work or jewelry taken without the knowledge or the consent of the elder, or taken from an elder through coercion or intimidation or undue influence; and
2) Theft of financial assets such as: taking cash or draining bank accounts; running up credit card balances or getting new cards in the elder’s name; stealing IRS refunds; stealing Social Security retirement or disability checks; stealing pension payments; defrauding elders into investing in businesses that don’t exist; coercing an elder into co-signing a loan at a bank; getting elders to buy expensive cars and jewelry and making “gifts” to the abuser. Frankly, the list is endless in this category.
The administrative tribunals called “probate” were constructed specifically to avoid your natural rights and liberties as protected in the Constitution for the United States. What are referred to as “collateral consequences” are civil and regulatory and therefore not subject to Constitutional limits.
In “probate” as with all administrative tribunals, you have no rights. And there are far too many examples of probate administrators who sit in place of an actual Judge of the law, who will vehemently threaten those who are forced into these tribunals, with being sent to jail if they mention the Constitution or who may try to claim their natural rights and liberties contained in it. More than one administrator has screamed at those captured in these tribunals that “the law is what I say it is”. This most likely is one of the few honest statements you will hear. These tribunals are not bound by the rules of evidence as would be adhered to in an actual court of law.
The predator who is about to steal your identity from you can and will make serious charges of neglect, abuse, exploitation and other egregious claims for which they have no evidence, and are never required to produce any evidence that these claims have any truth to them. And the victim, nor his/her advocates are allowed to present any evidence that may contradict the exaggerated and baseless claims made by the predators. The administrator won’t allow it….don’t even try to put it on their desk.
This is really a handy system. This way, transcripts read that no one objected and no one presented any evidence to contradict the claims of the predators.
How it works
Using exaggerated and/or fabricated claims of imminent danger, the professional predator files an emergency petition for guardianship. In almost every instance of these claims, the predator has never even seen the targeted victim, and could not identify them if they were in a one person lineup. But what they have seen is a list of assets including property owned, liquid assets, personal items of value, possible stock portfolios or other real property. Where did they find these assets? Ask that estate planner who sold you that plan how this information can become available to interested party’s.
Collateral Damages
The result of being declared a “ward” is the loss of legal status which is an inherent element of criminal punishment. Being declared a “ward of the state” is a statutory civil death. It is equivalent to natural death in its legal consequences and has historically been treated as criminal punishment.
Why would you construct a system that treats aging with assets as a crime? And it must be viewed by the BAR Associations and their cohorts as such as it is they who assembled and wrote the statutes in every state that deprive you not only of your assets and your freedom, but also your very identity.
The ultimate in Identity Theft
Once guardianized, now having suffered a statutory civil death., you cannot speak for yourself. Dead people can’t talk.
From “The New Civil Death”
As stated by Chitty, “he is disqualified from being a witness, can bring no action, nor perform any legal function; he is in short regarded as dead in law.”
The Illinois Supreme Court in 1907 quoted approvingly a scholar’s conclusion that it “raises
a feeling of repulsion, whether the incapacity is presented singly or
as a consequent of another punishment. It is a barbarism condemned by
justice, by reason and by morality.”
Your
identity is stolen from you and given to your new owner; the
professional predatory guardian. Now under the legalized theft of your
identity, they speak, act and present themselves legally as YOU. With
this theft of identity, comes access to all of your assets, personal
possessions and anything else you may own or possess. Your home will be
violated, your possessions inventoried (unless of course they find
something really valuable and somehow these items never appear on the
inventory) while mementos, family albums, and personal items of
sentimental value are added to a pile of trash. Those estate plans you paid an attorney to put together for you? Any probate administrator in the country can and routinely does discard all pre-standing legal instruments if the new guardian hasn’t disposed of them already and denied that these documents ever existed. Once discarded and cast aside, all benefits, powers of attorney, medical directives, estate administration and distribution is held by your new owner: that person who now presents themselves as you.
Neither bill addresses the redistribution of wealth, the interference with inheritance, the conversion of property under the guise of protection, that operates inside administrative tribunals constructed specifically to facilitate the now legalized theft of estates by professional predators who make their living converting the assets of targeted victims, into their own private accounts. All to benefit the “ward” of course.
What these bills do, is to expand and further empower the very agencies and associations that are used to facilitate the destruction of lives, the theft of the estate, and the rendering of basic human rights as void.
When I see a bill come out that actually addresses the root causes of this epidemic, that holds accountable the people, institutions, associations and agencies responsible; when the federal government stops funding the exploitation of the American public through cash incentive programs hidden in regulations that keep state treasury’s flush with cash, I’ll support those bills. Until then, do not expect me to cheer for these do nothing bills that are nothing more than fluff and buff bills meant to make you think they really do care. They don’t.
And for those of you who are enamored by, brought to your knees in supplication by the mere presence of politicians who graciously gave you a few minutes of their time and then immediately forgot you…..get over it. Remember who you are, and that it is YOU who employs them. It is YOU who pays for the grand building they sit in along with that elegant office and the staff that tends to his or her Royal Highness. And it is YOU who not only pays their salary but most likely helped put them in position. Treat them as you would any other employee….respect them but demand that they do the job they were hired to do.
Full Article & Source:
Professional for-profit Guardians: Just one step away from the public auction block
Marti is right on point as usual!
ReplyDeleteI want to thank Marti Oakley for all she did at the summit. I have heard nothing but praise and admiration about Marti and her panel. Thank you thank you thank you a million times over.
ReplyDeleteI would like to draw your readers' attention to all the comments of support made to Marti Oakley on her PPJ Gazette page where the article is published. It feels good to see someone rewarded who is working so hard. The comments are wonderful!
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