Friday, August 11, 2017

Fatally Flawed Justice System: The Monopoly of the Corporate BAR Associations

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“There is absolutely nothing in the Constitution for the United States authorizing, or otherwise directing the creation of these self protecting unions that have monopolized our judicial system at every level and use that monopoly to profit at the public’s expense. And, there is nothing authorizing the incorporation of these specialized unions or of the Supreme Court itself. Yet here we are in the grips of these corporate entities who have monopolized the very judicial system meant to protect America from just such things.”
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by  Marti Oakley 

In every state and on the Federal level, the BAR Associations have established a monopoly on our courts and our so-called judicial system. The existing Sherman Act: the Clayton Act and FTC Act only become active when the monopolized systems that have been established harm consumers. I can think of no other more harmful monopoly to the American public overall, than what passes for the judicial system in America and its associated BAR unions that not only control and own our courts, but also profit mightily from doing so. The law is what they say it is regardless of what the law might actually be.

The Sherman Act outlaws “every contract, combination, or conspiracy in restraint of trade,” and any “monopolization, attempted monopolization, or conspiracy or combination to monopolize.” Long ago, the Supreme Court decided that the Sherman Act does not prohibit every restraint of trade, only those that are unreasonable. Obviously, the Supreme Court has decided that the monopolies that exist in our courts are not unreasonable. Especially since they too, participate in that monopoly. 

Q: Do you believe the monopolies on our courts at every level via so-called BAR Associations are unreasonable?

When individuals go to all the expense and time of acquiring a degree in law, why should they then be required to pass some contrived test, many times at great expense, to acquire a union card (The BARS are UNIONS) permitting them to work in the field they trained in or to practice their trade in any court room in this country? No union card? No access to the courts. Didn’t pay your BAR union dues for access to the courts they monopolize? Too bad for you!

Even the Supreme Court of the United States has established itself as its own BAR. To be heard in this highly politicized “court”, you must be a member in good standing for four years in another BAR union before you can apply to appear in their closed union shop called the Supreme Court.

Why Is The United States Supreme Court Listed as a Private 

Corporation On DUN & BRADSTREET? 



From: John-Henry Hill Law blog

Not only is the United States a corporation, but the “Judicial Branch of US Govt” is also a Delaware Corporation (Delaware SoS file number: 3383789), listed in Dun & Bradstreet: 

The following is the DUNS number for JUDICIAL BRANCH OF US GOV: DUNS number: 956858625”, as well.

The “Judicial Branch of US Govt” (corporation) includes: “U.S. GOV’T LAW COURT ADMIN SUPREME & U.S. DISTRICT, APPELLATE, VETERANS PROBATE, BANKRUPTCY, STATE(S) COURTS, INC.”
 
So our courts from the Supreme Court down to state courts are corporate “policy” (as in police) courts.” 

About the Court https://www.supremecourt.gov/about/about.aspx

“EQUAL JUSTICE UNDER LAW” – These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.

Equal Justice Under the Law? Really?

R.I.P. Pro Se Litigants Before the Supreme Court

The Supreme Court has finally revised its rules to prevent a non-lawyer from arguing before the Court.

When the Supreme Court issued its new rules for the Court in July of 2013, it curiously included rule 28.8. The move by the Court merely codified its standard practice of denying requests by non-lawyers ( no BAR union member) to argue their cases. In fact, the last time a non-lawyer managed to get in front of the Court was in 1978

Antitrust law only springs into action against a monopoly when it destroys the ability of another company to enter the market and compete. But! Since all courts and BAR Associations operate as corporations, does this not make them businesses operated with one fiduciary duty? That duty is to make a profit. 

Q: Does it not also make them invested competitors against the pro se litigant?

The key question, of course, is whether a particular monopoly is harming consumers – or merely harming its competitors for the benefit of those consumers.

Q: Who would be the competitors these closed union shops are competing with?

A: The pro se litigants who have realized that the thousands of dollars demanded for representation will likely produce few results. Because of this, they have chosen to learn the law and represent themselves.
 
The answer isn’t as simple as “big equals bad”, or “competitor harm equals consumer harm.” Instead, courts must rely on complex economic analysis to determine whether consumers, not just competitors, have suffered harm.”

No they do not. They simply have to rely on the Constitution and the laws that are in compliance with it. But, as these “courts” have decided unilaterally that the Constitution applies only if and when it is to their benefit, or one of their corporate contractors, they have lost any relevance or reasonable excuse for their continued existence.

The Constitution provides no provision for the courts to declare themselves immune from prosecution for wrong doing or for their obvious pandering to their own members of their specific union.. Neither does it make any provision for the establishment of these unions or the monopolies that have resulted in what are supposed to be the people’s courts of law. 

If you or I cannot claim “ignorance of the law”…why is a judge or attorney allowed to? Aren’t they supposed to be experts in the law? Supposedly, this is the reason they voted to give themselves immunity. Otherwise they might be afraid to hand down certain rulings….like those where they ignored the law or where they knowingly violated the very principles that put them on that bench.

Practicing Law without a license

The Constitution does not say that we need to have a license to access the law. That is a self-protective declaration used to keep non-union members out of the courts. What it does say is that we are allowed to have representation i.e., someone who acts on our behalf. Not a word is said about hiring a BAR union member who will charge you unimaginable fees just to gain access to that court.

In Summary

We need to end the BAR Associations and return the law and the access to the courts to the people. No one should be forced to pay exorbitant fees to closed union BAR members to access the courts. What is the first question many judges ask before any court begins proceedings? “Has your attorney been paid?”. And that would concern that judge for what reason? 

Neither does any judge have the authority to order anyone to “hire an attorney”. Yet it happens everyday in court rooms across America.  (Click to continue)

Full Article & Source:
Fatally Flawed Justice System: The Monopoly of the Corporate BAR Associations

Franklin Lakes sued over "arbitrary, capricious" denial of senior home application

Architect Steven Ruiz
FRANKLIN LAKES — The developer that had hoped to build an assisted care facility in the borough is suing the zoning board for what it claims was the "arbitrary, capricious" denial of its application.

Sunrise Development, Inc., is also claiming that the board failed to formalize its denial of the application within the mandated 45-day period. The board voted 4-3 on June 1 to deny the application.

"We believe there remains a large unmet need for high-quality senior care in Franklin Lakes and appreciate the public and board of adjustment’s feedback throughout this process, which we have incorporated into our designs," said Jerry Liang, senior vice president of investments and development for Sunrise. "We look forward to moving closer to our goal of providing local families this need for assisted living and memory care support services."





Calls to borough attorney Robert Davies and zoning board chairman Robert Bavagnoli were not returned.

Franklin Lakes' zoning board held six hearings on Sunrise's proposal to construct a two-story, 88-unit complex on 4.6 acres at the corner of Franklin and Shirley avenues. The proposed 73,207-square-foot structure was to be built on four combined single-family lots, excluding a 1.3-acre wetlands buffer.

A use variance was required because the properties were in a residential zone where senior facilities are not allowed. The developer claimed that another borough property, which was zoned for senior facilities, was unsuitable because of its dimensions and terrain.

In response to concerns that the building façade facing Shirley Avenue would overwhelm the residential neighborhood, Sunrise had provided an alternative design that reduced the frontage along that street.

But residents attending the hearings still objected to the application, questioning the adequacy of on-site parking for staff and visitors, and the ability of management to control illegal and on-street parking they said they have photographed at other Sunrise facilities.

Residents also challenged the need for the facility, estimating there were 16 senior facilities within a 10-mile radius. Sunrise, however, presented testimony that customers preferred placing their relatives no more than six miles away on average, and that there were no such facilities in the borough. 

Full Article & Source:
Franklin Lakes sued over "arbitrary, capricious" denial of senior home application

Issues for Elders: Guardianship should only be sought as a last resort

Jill Burzynski
Guardianship is a process whereby a person is deemed legally incapacitated to make certain or all decisions and another person or persons is appointed to make decisions on the legally incapacitated person’s behalf.

Many people are actually incapacitated and unable to make their own decisions, but never have to go through the guardianship process. Having appropriate legal documents in place avoid many guardianships. These legal documents may include trusts, durable powers of attorney and designations of health care surrogate. Most types of trusts do the best job of guardianship avoidance because they take the grantor out of harm’s way when judgment is lacking.

While durable powers of attorney are helpful, they give the agent concurrent authority, leaving the incapacitated person vulnerable both to exploitation and his or her own poor judgment. Even if no legal documents exist and a person is incapable of understanding and thus executing documents, a careful review of the way assets are titled may prove that guardianship may not be necessary.

Some guardianships are necessary, even when legal documents exist, when the incapacitated person rejects efforts to provide assistance and is neglecting his or her own care. The disease of dementia can slowly rob a person of the judgment necessary to live independently.

If discussions about alternative living situations are delayed until the judgment is completely lacking, the incapacitated person cannot take part in decisions about care when care is needed.

Assistance to prevent self-neglect include several options, but are largely driven by finances and the ability for family to assist. Family members may be willing to provide help, but the elder may not want this type of help because he or she may not wish to burden the family with that responsibility. Other times family may not be able to provide the assistance needed due to jobs or other family demands but the elder may have assumed that family would provide all needed care.

Home care by an outside agency can certainly prevent self-neglect but extensive home care is an expensive proposition. Some families try to cut that cost by hiring individuals rather than agencies, but this decision carries a risk of exploitation, unrecoverable theft and tax risks. Other options include care in an assisted living community or (when needed) memory care. An ongoing discussion about alternatives to living alone while a dementia process is in the early stages may prevent a guardianship necessary due to self-neglect.

Guardianships are sometimes necessary because of exploitation or scams. If a senior has named a fiduciary who is not acting in his best interest, a guardianship can rectify the situation. However, guardianship should not be used just because one of the children disagrees with the choice of fiduciary that the senior made. Seniors are often targeted by sweepstakes and scams. Seniors who have financial worries are particularly vulnerable to scams. When efforts to dissuade further participation in scams fails, a guardianship can stop the abuse.

The process of guardianship can be hard on the senior as well as the family. The court appoints an attorney to represent the alleged incapacitated person as well as an examining committee. The committee visits with the alleged incapacitated person and issues a report. The attorney explains the process to the alleged incapacitated person (to the extent possible) and represents the incapacitated person at a hearing. The process is expensive. After the adjudication of incapacity, the guardian has ongoing court responsibilities and is limited in the actions that can be taken without a court order.

Guardianships are absolutely necessary in situations where no alternatives exist to prevent exploitation or neglect. However, planning early in the aging process can be invaluable in avoiding the hardship of a guardianship.

Full Article & Source:
Issues for Elders: Guardianship should only be sought as a last resort

Thursday, August 10, 2017

Reforms starting for guardianship system

More than 100 adults, including incapacitated and disabled people, are alleged to have suffered combined losses of at least $8 million at the hands of New Mexico guardians and a trust company that were supposed to be watching over their finances.

So far, there is little indication these people will recover their money because of weaknesses in the safety net designed to protect them.

Yet, some changes are in the works.

For instance, judges assigned to the civil bench in Bernalillo County have agreed to require conservators to post bonds when appointed to manage funds of an incapacitated person with assets over $30,000, said civil division chief Judge Shannon Bacon and chief Judge Nan Nash. Currently, state law gives judges the option to do so, but it’s not mandatory.

Meanwhile, Bacon has asked the state Supreme Court to support legislation that would make the bond posting requirement mandatory.

Bacon said in a July 18 letter to Chief Justice Judith Nakamura that while judges can currently require bond, “In our experience, this statutory provision is rarely if ever employed by courts in Conservator cases.” Bacon wrote that the bond would be paid for out of the assets of the estate, “as it protects the value of the estate and inures to the benefit of the protected person.”

Changing the law to require bond would “provide additional protection for the estates of incapacitated adults,” Bacon wrote.

Bacon has also asked State Auditor Tim Keller to audit all commercial guardianship companies on contract with the state Office of Guardianship.

System rocked


While some judges and others have publicly defended the commercial guardianship industry in New Mexico, the system has been rocked by two recent cases.

In one case, the FBI and state agencies are investigating the alleged embezzlement of at least $4 million from an estimated 70 clients of the Desert State Life Management trust company. In the other, federal prosecutors have filed a 28-count indictment against two top managers of the Ayudando Guardians Inc. guardian/conservatorship company – president Susan Harris and chief financial officer Sharon Moore. The company itself is also a defendant.

Federal documents allege that more than 40 clients’ Ayudando accounts were siphoned over a period of years. Client funds were allegedly used to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purchases.

Court records show that Ayudando was appointed as conservator, or guardian/conservator in more than 40 court cases since 2010.

Desert State served as court-appointed conservator in about seven cases in recent years, but the company’s focus was primarily on managing private trust accounts for special needs clients, the elderly and others. In some cases, family members were guardians in charge of care, but relied on Desert State for money management.

One of Desert State’s conservatorship cases involved the loss of as much as $600,000 intended to help care for four developmentally disabled adults, according to one recent lawsuit pending against Desert State.

In that case, Desert State filed the required annual reports with District Court and noted that an accounting was attached. But an attorney in the case says there was no accounting in the court file.

As a trust company, Desert State falls under oversight of the state Financial Institutions Division. But the company is designated as nonprofit and wasn’t required to post a bond when Paul Donisthorpe took over as CEO in 2006. The state also hadn’t conducted a financial examination of Desert State’s books since 2008.

New Mexico Regulation and Licensing Superintendent Mike Unthank said his agency is proposing legislative changes to ensure clients of nonprofit trust companies, like Desert State, are better protected.

“We believe moving forward with reforms for non-profit trust companies will be crucial to ensuring this type of victimization cannot happen again. My plan is to put forward a straightforward, common sense approach with backing from the industry and with the good of all New Mexicans in mind,” Unthank told the Journal on Friday.

Ayudando is also a nonprofit corporation, but is not a trust company. In addition to reporting to the courts, Ayudando was subject to oversight for the state Office of Guardianship for about 166 indigent or low income clients who receive guardianship services.

Under its most recent state contract, Ayudando posted a $1.5 million “fidelity” bond, said John Block III, executive director of the Developmental Disabilities Planning Council. He said the bond would cover expenses incurred by the guardianship office in finding new guardians for Ayudando clients in light of the recent federal indictment.

But Block said it hasn’t been determined whether that fidelity bond could be used to reimburse Ayudando clients for their losses.

More info required


Bernalillo County District Court, which has been working on guardianship/conservatorship issues for more than two years, has substantially increased the amount of information conservators are required to provide in their annual reports to the court. Those reports are confidential under state law, but are designed to help judges oversee the incapacitated people whose finances are managed by conservators – private or professional.

Instead of relying solely on a two-page form in use by courts elsewhere in New Mexico, Albuquerque judges are also requiring detailed conservator reports to show the protected person’s income sources. Expenses are to be itemized, down to the amount spent for clothing and entertainment each year.

The new accounting measures adopted in Bernaillo County District Court don’t require documentation, such as bank statements.

Full Article & Source:
Reforms starting for guardianship system

Cornyn, Klobuchar Bill to Protect Seniors from Financial Exploitation Passes Senate


Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators
WASHINGTON – Today U.S. Senators John Cornyn (R-TX) and Amy Klobuchar (D-MN) announced that their bipartisan legislation to protect seniors from neglect and financial exploitation has passed the Senate. The Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators.
 
“This bill strengthens support for our nation’s senior citizens by ensuring they get the court-appointed care they need, while also protecting them from exploitation and fraud,” said Sen. Cornyn.  “I’m proud to join Sen. Klobuchar in standing up for enhanced oversight to ensure this critical program helps, not harms, America’s senior citizens.”
 
“While most court-appointed guardians and conservators are undoubtedly professional, caring, and law-abiding, there are some who use their position of power to exploit seniors,” Senator Klobuchar said. “This bipartisan legislation would strengthen oversight and accountability for those entrusted to with the well-being of seniors, and will protect those who are most vulnerable.” 
 
Cornyn and Klobuchar’s bipartisan legislation passed as part of the Elder Abuse Prevention and Prosecution Act. The Court-Appointed Guardian Accountability and Senior Protection Act makes courts eligible for an already existing program designed to protect seniors. Under the program, state courts would be able to apply for funding to assess the handling of proceedings relating to guardians and conservators, and then make the necessary improvements to their practices. For example, the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.

Full Article & Source:
Cornyn, Klobuchar Bill to Protect Seniors from Financial Exploitation Passes Senate

Power Of Attorney 101

 Perhaps you've heard the phrase "Power of Attorney" on a TV lawyer show, or even from a real lawyer. Ever wonder what it means?

What is Power of Attorney?

A Power of Attorney (POA) is a document granting one person or organization (typically called an agent or attorney-in-fact) the authority to act on the behalf of another person. POAs can be general and broad in scope or limited to specific aspects such as health-care decisions or financial management.

A POA is often used to outline plans in case you become incapacitated and are unable to handle your own affairs. In that case, a POA is called a durable power of attorney since it continues beyond your incapacitation.

It is important that your agent for the POA be a reliable individual whom you can trust. Agents are expected to look out for your best interests and must not abuse the powers that you have given them.

You can revoke your POA at any time by notifying your agent in writing and collecting all the existing copies of the POA. You may also need to notify agencies and financial institutions that the POA has been revoked. Once you have signed a POA, you can continue to make your own decisions until the conditions that trigger the POA happen (such as incapacitation).

An attorney is not necessary to create a POA, but it is usually wise to consult with one. The POA defines the powers that are to be given to the agent and the conditions under which they are valid (such as durability). It is very important to write the POA precisely as per your wishes to ensure that they are carried out properly.

Financial POAs are usually set up for an agent to take care of day-to-day decisions as well as major financial ones in case you are unable to make these decisions for yourself. They could include bill paying, tax obligations, disposition of property and assets, or directing investments.

What You Need to Know About Being Granted Power of Attorney

What if you are on the other end of a POA and named as an agent for another person? Once you assume the POA for another person, you have a fiduciary responsibility to that person to act in his or her best interests. The first item of business is to read the POA and make sure that you fully understand the powers that are being granted to you. The POA document and applicable state laws outline and define your powers.

Note that you are obligated to carry out the directions in the document, even if you believe that one of those directions should be done differently. If you do not think you can carry it out, ask your principal to find another agent. When possible, continue to involve the principal in the financial decisions.

It is extremely important to keep the principal's finances separate from yours and to keep meticulous records to track the principal's finances. As an agent, you must avoid conflicts of interest or even the appearance of such not easy to do when you are the agent for a close friend or relative.

When a principal's government benefits such as Social Security are involved, you will not be able to manage them as the agent without a special appointment by the agency. There may be a separate representative payee for these benefits. Co-agents are not uncommon, and co-agent relationships are sometimes directly spelled out in the POA. Regardless of how co-agents are designated, you are obligated to work with the co-agent to maintain the best interests of the principal.

The Consumer Financial Protection Bureau (CFPB) has more details on your responsibilities and options in case you are asked to become an agent. See their pamphlet, "Managing Someone Else's Money" for more information.

POAs are important, powerful documents that are not to be taken lightly whether you are the principal or the agent. Set up your POA carefully with appropriate legal assistance. If you are named as an agent, make sure you take your POA responsibilities seriously and be diligent in executing them. Treat the principal as you would want to be treated.

Let the free Retirement Planner by MoneyTips help you calculate when you can retire without jeopardizing your lifestyle.

Full Article & Source:
Power Of Attorney 101

Wednesday, August 9, 2017

Professional for-profit Guardians: Just one step away from the public auction block

I have watched in dismay as bills have been introduced and/or passed supposedly addressing the trafficking of human beings including the elderly, the disabled and children through the cash incentive systems that fund the buying, selling and trading of the American public. We have been commodified. This system is so rampant and so blatant that we are literally just a step away from auctioning off human beings for profit in the public square. And it wouldn’t be the first time this has happened. The US has a sordid history of selling human beings for profit, only this time around we are all potential property that can be auctioned off.

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

Attorney Forges Judges’ Signatures Over 100 Times. Earns Jail, Sick Burn

It’s been about a year and a half since we last checked in on Jose Camacho, a Florida lawyer charged with forging the signatures of seven different judges on over 100 documents. Yesterday, he was sentenced to 364 days in jail, 10 years of probation, and a comical tongue-lashing from the court.

Ultimately Camacho forged signatures on 114 documents — structured settlements factoring transactions for his clients — and filed them with the Broward County clerk. Broward has since put a stop to allowing attorneys to file documents supposedly coming from the judges, a policy fix so obvious it’s shocking it wasn’t long in place. (UPDATE: Originally this article described these documents as setting up structured settlements, but it’s a little different than that. The National Structured Settlement Trade Association points out that the documents at issue set up factoring transactions that allowed settlement purchasers to offer discounted cash payments in exchange for the rights to future settlement payments. This supercharges the potential for abuse here because, while judges most often approve these deals, they should be scrutinizing them due to the risk of disadvantaging victims.)

It remains one of the most baffling cases of professional misconduct we’ve covered at Above the Law for the simple reason that Camacho seemingly garnered no advantage at all from his actions. The settlements would’ve earned a rubber stamp had he submitted them to the court. He just… didn’t.
“He was lazy,” she testified. “He was purely lazy.”
That’s Judge Marina Garcia-Wood, one of the Broward judges who uncovered the scheme, testifying at Camacho’s sentencing this week.

Meanwhile, Miami-Dade Circuit Judge Ellen Sue Venzer, who presided over the case because, quite frankly, how could you trust the Broward courthouse after realizing they let this go on, offered a time-worn burn while she sentenced Camacho:
“In today’s environment, lawyer jokes are abundant. You’ve heard the one about what’s 1,000 lawyers at the bottom of the sea? A good start,” Venzer said. “You only only reinforce that stereotype, but you buttress the idea that lawyers can’t be trusted.”
It’s bad enough to be heading to jail, but to sit through a lawyer joke too? It’s not even one of the good lawyer jokes either! That’s what makes it such a harsh rebuke — Judge Venzer didn’t even find Camacho worth crafting a good joke for. She just threw out a lazy quip that’s been copied a hundred times.

Oh. That’s some postmodern trolling, right there.

Full Article & Source:
Attorney Forges Judges’ Signatures Over 100 Times. Earns Jail, Sick Burn

West Columbia assisted living facility director charged with assault of resident

WEST COLUMBIA, SC (WIS) - The executive director of Brookdale Assisted Living Facility has been accused of abusing one of the residents in a police report obtained by WIS.

Gary Mark Tyson, 59, is accused of assaulting two residents in formal complaints made to the West Columbia Police Department.

In one report, the daughter of a resident at the assisted living facility claims that Tyson hurt her mother on July 11. A witness and employee at the home said the daughter called, claiming her mother accused Tyson of forcing her to take a shower, leaving bruises on her body.

Another incident report claims that a welfare check was made when a 911 caller said the facility was understaffed when her mother was picked up and took her home.

The incident report also states that the employee who officers spoke with was the only one on staff, which is a violation of DHEC regulations.

Tyson was arrested on July 28 and charged with third-degree assault.

Brookdale Assisted Living Facility is located on 190 McSwain Drive.

Full Article & Source:
West Columbia assisted living facility director charged with assault of resident