Pauper v. Probate: Tennessee on Trial

 

IN THE FIRST CIVIL COURT OF PUBLIC OPINION

 

Pauper Case No. : PD2

v. 

                                                                          

Probate Court Filed: September 25, 2012

(The Biggest Business in the World)

JUDGE “WE, THE PEOPLE…”, PRESIDING

________________________________________________

Federal Lawsuit

 

So far, this federal lawsuit filed in the US District Court of Kentucky seems to be gaining traction. Considering the pro se litigant is typically summarily dismissed, it appears the magistrate has found good cause to demand responses from all Defendants. 

 

Also, a legal mind with a substantial cirriculum vitae has blogged about the Conservatorship of John Daniel Tate confirming that Judge Randy Kennedy “pretended to terminate” the conservatorship.

 

Probate Judge Randy Kennedy: Nashville’s one-man wealth redistribution machine (TN) – Estate of Denial

 

Gerry W. Beyer :: Texas Tech University School of La

 

Further orders entered in Kennedy’s court have left the conservatorship “open” and the conservator, David E. Tate, under fiduciary oath. This defies logic and common sense, shows an abuse of power, judicial retribution, and, most importantly, invokes distrust with the citizenry bringing the entire judiciary into disrepute.

 

Conservatorship/guardianship should never be adversarial. In the ex parte hearing, before Danny Tate had ever been in the court room, Judge Randy Kennedy announces this as a “contentious conservatorship”.

 

Impeach Judge Randy Kennedy: October 23, 2007 Ex Parte Hearing vs. Danny Tate- Part 1.m4v – YouTube

 

This reveals motive and why probate creates a legal fiction to justify their legalized racketeering. Advocate groups refer to it as “the protection racket”, i.e. looting of estates before one is in the grave under color of law and guise of protection.

 

Also, conservatorship/guardianship is not meant to be punitive. This, and all known conservatorships in the 7th Circuit Court, Davidson County at Nashville, TN, have exemplified just the opposite, proving egregiously punitive.

 

State bar association hears horror stories about problems with Tennessee’s conservatorship law

Full Article and Source:
Pauper v. Probate: Tennessee on Trial

See Also:
State bar association hears horror stories about problems with Tennessee's conservatorship law

Chester County Man Found Guilty of Bilking Elderly Parents of $500,000

WEST CHESTER, Pa. (CBS) — A Chester County jury has convicted a man on 80 counts of theft and fraud — against his own parents and other family members.

The Davis family had a successful heating oil business.

When parents Boyd and Nelda took ill years ago, their son, Boyd Jr., was granted power of attorney and, through various means, skimmed more than half a million dollars from their bank accounts.

“This is money that he probably would have gotten anyway, when his parents died,” notes Chester County DA Tom Hogan. “It became clear to us that his parents just weren’t dying fast enough for him.”

Full Article and Source:
Chester County Man Found Guilty of Bilking Elderly Parents of $500,000

T.S. Radio: The Kidnapping of Dorothy Wilson

Listen to internet radio with Marti Oakley on Blog Talk Radio

On Sunday, September 23, 2012 we were privileged to have Diane Wilson, daughter of Dorothy Wilson as a guest on TS Radio. The discussion centered around the kidnapping, imprisonment and isolation of Dorothy Wilson. While isolated and moved from one home to another, her home was mortgaged, her personal possessions sold or given away.

At one point, Bristal Assisted Living facility charged Dorothy’s estate $53,000 for one month’s stay.

Her home was used to receive a reverse mortgage for $275,000. This, along with $2300 a month in income all disappeared with no acounting by the guardian. Two years after Dorothys’ initial kidnapping, the guardian had burned through $350,000 of the estate.

On October 23, 2011 after two years of abuse, neglect and isolation, Dorothy Wilson died of loneliness and despair. This woman who had lived a good life and had planned her retirement, had an ample income and valuable assets, was left penniless by the guardian. At this point the guardian petitioned the court to allow her to resign as Dorothy’s guardian. Dorothy died just one week before she might have been reunited with her daughter, Diane.

Source:
The Truth Squad: The Kidnapping of Dorothy Wilson

See Also:
NASGA:  Dorothy Wilson, NY Victim

Source: YouTube: Judicial Destruction of Dorothy Wilson

Source: YouTube: In Remembrance of Dorothy Wilson, Guardianship Victim

State Bar notifies judges of attorney Kip Lamb’s suspension

The Commission for Lawyer Discipline, an arm of the State Bar of Texas, recently filed a letter notifying Jefferson County district judges of the suspension of Beaumont attorney Kip Lamb.

As previously reported, the petition to suspend the attorney’s practice was filed July 10 in Jefferson County District Court.

Judge Bob Wortham, 58th District Court, granted the petition on July 25, court records show.

On Sept. 6 the commission filed a letter, asking District Clerk Lolita Ramos to disseminate the information to the Jefferson County District Judges.

According to the petition, on April 14, 2008, Lamb received $1,094,611.02 into his trust account as his client’s (New Life Tabernacle Church) portion of a settlement.

Lamb later transferred the funds to other bank accounts for his own personal use and his law firm’s use, the petition states.

“In this case, (Lamb’s) conduct is unbecoming of a lawyer and will unquestionably place any client or prospective client at risk … of having their settlement misappropriated,” the petition states.

“Accordingly, (Lamb) must be suspended from the practice of law pending a final disposition of the disciplinary proceedings currently pending against him.”


Full Article and Source:
State Bar notifies judges of attorney Kip Lamb’s suspension

The Financial Exploitation of Seniors: What You Should Know

"If elder abuse happened to me, Mickey Rooney, it can happen to anybody."


Source:
The Financial Exploitation of Seniors: What You Should Know. Stonington TRIAD , a national partnership between law enforcement, seniors and community ...

Recommended Website: Probate Sharks

Our mission is to expose and remedy corruption in the Probate Court of Cook County, Illinois. We assist, educate and enlighten families of the dead, the dying, the disabled and the aged to better understand their rights in order to protect themselves from the excesses of the Probate Court of Cook County. ProbateSharks.com is dedicated to networking the human element of people to people. We join together in reforming the corrupt Cook County Probate Court system.

Source:
ProbateSharks

Paralegal Blows Whistle on Ex-Boss, Says Cash Went in Book on Shelf; Lawyer Suspended for One Month

A paralegal who once worked for Iowa attorney Sara Anna Kersenbrock blew the whistle on her former boss, filing a 2010 disciplinary complaint that resulted in a one-month license suspension.

In a Friday opinion (PDF), the state supreme court imposed the sanction, rejecting a public reprimand proposed by the court's attorney grievance commission.

The paralegal was a witness for the prosecution in the attorney discipline case, testifying that Kersenbrock didn't deposit a number of client retainers into her trust account when she worked for the attorney between 2005 and 2010. Instead, Kersenbrock put retainer checks into her law firm operating account and put cash retainers into a drawer or in books on her bookshelf, then spent them when she needed money, the paralegal testified.

Testifying on her own behalf, Kersenbrock said she wasn't required to deposit most of the retainers into her trust account, because they had already been earned when she put them into her operating account. She acknowledged some record-keeping issues, which she said she had taken steps to correct. She also said she had temporarily put one $3,000 cash retainer in her "sock drawer" for several weeks.

Full Article and Source:
Paralegal Blows Whistle on Ex-Boss, Says Cash Went in Book on Shelf; Lawyer Suspended for One Month

Rise in Traumatic Brain Injury in Veterans and Athletes Prompts New Research

Since 2000, approximately 245,000 men and women who have served in the military have been diagnosed with traumatic brain injury, otherwise known as TBI.

The majority of those cases were mild; but, even mild traumatic brain injuries can be highly disruptive to daily life. Unlike severe brain injuries, mild TBI can be harder to detect. Sometimes a mild TBI is not recognized for weeks or even months after an accident. Recent publicity has focused attention on studies demonstrating that TBI is often not recognized in athletes until long after the injury occurs. For example, we now understand that even with specially designed helmets, NFL players may manifest severe disability years after their careers are over.

With nearly a quarter of a million service members suffering a TBI over the last decade, the U.S. Department of Veterans Affairs has been funneling money into brain injury research. With a better understanding of traumatic brain injury, TBI sufferers stand to benefit from a broader range of treatment alternatives.

All of this groundbreaking research could help TBI sufferers lead more normal, healthy lives. But one thing it won't do is reduce the significant costs associated with treating TBI or eliminate the significant impact TBI has on issues involving quality and enjoyment of life.

Source:
Rise in Traumatic Brain Injury in Veterans and Athletes Prompts New Research

Use of Chemical Restraints in Nursing Homes Called an Epidemic

Nearly 25 percent of the residents in California's nursing homes are placed on antipsychotic drugs, often used as sort of a chemical leash to control behavior in a trend a watchdog called an epidemic Thursday at a symposium.

The drugs can double the risk of death for seniors with dementia and cause side effects ranging from stroke to delirium, according to speakers at an Oxnard conference called "Toxic Medicine." Often the drugs are given in nursing homes or other facilities for dementia without the informed consent of residents or surrogates and are used as a restraint rather than to treat psychiatric conditions.

Over the past decade the use of the drugs has evolved from a sniffle to a flu to something much worse, said Sylvia Taylor Stein, of the Long Term Care Services of Ventura County ombudsman program.

"By 2010 we had an epidemic," she said in a symposium organized by her group and the California Advocates for Nursing Home Reform. It was attended by a packed house of nursing home leaders, assisted-living administrators, elder abuse lawyers and state licensing agencies.

Some at the conference linked the use of antipsychotics to staff shortages that make it impossible for employees to properly care for patients, state cuts in mental health programs that have brought more patients with psychiatric problems to long-term care facilities and doctors who have a drug-first mentality when it comes to long-term care residents.

Anthony Chicotel, an attorney with the California Advocates for Nursing Home Reform, said there are appropriate uses of the medication, such as when a patient has illnesses like schizophrenia. But Medicare statistics from the second quarter of last year showed 24.2 percent of the residents in the state's nursing homes were on antipsychotics. Medicare statistics from 2009 showed the use of the medication fluctuated greatly at different Ventura County nursing homes — from a low of 7 percent of the patients on the drugs seven days over one week to a high of about 30.6 percent.

Often, use of the drugs becomes ingrained in a long-term care site's culture, Chicotel said. When patients with dementia or other issues yell in the middle night, hit other residents or try to flee the place, staff members call the physician.

"Hey doc, we have a new resident. He's out of control. He's throwing feces. We need a pill," he said.

Full Article and Source:
Use of Chemical Restraints in Nursing Homes Called an Epidemic

See Also:
CANHR.org