S 178… Probate is about to get far worse for families targeted

by Marti Oakley

While many are applauding the provisions of S. 178: Robert Matava Elder Abuse Prosecution Act of 2017 I do not share this view.

Pay careful attention here to the word “ACT”. An ACT is something the government is going to do by force rather than by actual power granted to them in the Constitution. In this particular instance, congress is charging the DoJ with law making which is unconstitutional.

Those of us who have actually read the bill and have at least a modicum of understanding of how legislation actually works and affects us, know that this bill is going to cause irreparable harm not only to the elderly, but to those family members and others who have waged this battle against the growing human trafficking of the elderly by professional predators working in tandem with unethical attorney’s , corrupt probate administrators, Adult Protective Services agencies, and professional predators who prey on the elderly and others, and who make a parasitic living off the targeting of the elderly to profit themselves.

• Did you see one word in this bill that addressed the issue of identity theft that results from being declared a ward of the state?


• Is there one word about stopping the assumption of identity by the predators who now present themselves as the victim and begin bleeding the estate dry?


• Was anything said about the resulting abuse, neglect and exploitation by professionals and agencies that results from this civil death? ( by declaring the living human being a “ward of the state”, the victim has suffered a civil death, equal in its legal consequences to natural death) You are dead in the law, but still breathing.


• Was anything mentioned about holding these administrators liable for violating the rights of the targeted victim?


• Did you see one word directing these probate tribunals to follow rules of evidence?


• To cap fees?


• To stop the predators from isolating the ward?


• Anything about stopping chemical restraint to silence the victim?


• Any sighting as criminal activity the actions by these predators who make their living stealing the lives of their victims for profit?

Are we really this ignorant?

This bill is not a “good start”. It will not benefit the public in any manner. The provisions in this bill clearly relieve both houses of congress from any responsibility they had, to rectify the ongoing predator based system of elder abuse and exploitation we know as “kidnap, isolate, medicate and steal the estate”, by professional predatory guardians and their cohorts in these inhumane crimes and members of the BAR Associations who participate for profit resulting from the continued trafficking of the elderly. 

This bill is clearly intended to target only the public, and all that will come of its future rules, regulations and statutes is that it will not apply to the professional predators in the system, but will apply (watch the careful wording they will use) only to possible family members who might abuse, or others in the community who might abuse the elderly. 

If this bill was supposed to be the catalyst for changing the system….why are the only references to this system listed as miscellaneous? While the remainder of the bill is a reiteration of standing state and federal laws against internet scams, wire fraud, etc.? 

Have we not been told repeatedly, that due to separation of powers that neither the judicial nor legislative branch can intervene? These are executive branch issues, meaning the president or your governor. 

What the bill does do, is to further empower the very agencies and agents that we have been battling, and adds several more to the list who will now be funded and empowered to prey on the elderly. 

Any state which receives block grants, is contracted to HHS on the Federal level. Each state has a memorandum of understanding which states the terms of the coming contract they agree to. This is followed by the formal contract and its accompanying funding…the block grant. In order to obtain your block grant, the state must follow federal guidelines and meet various standards which will now be legislated by the DOJ, a non-legislative body that is also directly connected to the system by virtue of their BAR Association. (Click to Continue)

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S 178… Probate is about to get far worse for families targeted