Sunday, December 11, 2005

GUARDIANSHIP: A PREDATORIAL PRACTICE


GOVERNMENT and JUDICIALLY APPROVED STRATAGEM (RECIPE) FOR ABUSE and EXPLOITATION OF THE ELDERLY AND DISABLED_ A PREDATORY PRACTICE

GUARDIANSHIP Note:

The author is not stating these abuses occur in every court in the US; yet, these cases are actually very common. It is not necessary to be under guardianship to be victimized by abusive authority; guardianship is simply the most effective, efficient, common vehicle to attain the profiteering goal. Human rights and judicial violations are the means.

1.) PREDATORS CIRCLE- can be: govt. agencies, APS(Adult Protection Services) and their contract agencies, County Area Agency on Aging, State Dept. of Aging, social workers, nursing facility corporations, care providers, care givers, law enforcement, attorneys(including guardian ad litem), courts(judges, court reporters), and their associates, such as medical doctor, psychiatrist, other professionals or greedy family members/in-laws. Litigation is the slaughterhouse. The predators co-operate(collude) with each other for mutual benefit: financial gain, real estate, Fed. funding stream, favors, job security, political agenda, etc.

2.) PREY(TARGETED WARD and ADVOCATE) - elders and disabled who are victims of crime, accident, friendly neighbor’s call to APS(Adult Protective Services), family disagreement that’s litigated, health crisis, family crisis, any event that results in litigation; you can be advised, intimidated into believing _you need a lawyer, hence, litigation. Also, targeted: elder property owner(especially if property is wanted by state/corporation or connected others), widows_ more common targets than male elders, those with small families_ especially living out of state, no doctors/attorneys in immediate family. The target has something of value _ financial, real estate, political(funding stream, precedent case, etc.) to be gained by the predators_ the “takings”. Targeted ward and family advocate do not need to be rich; assets of some kind between $100,000 and millions of $$ are sufficient.

3.) Unbeknownst to you, you are rapidly encircled by “predators” before the guardianship is granted which guarantees the guardianship outcome without accountability. The circle is like strangulation; you are very unlikely to get out; you are completely surrounded by the predators which includes your own attorney and/or appointed guardian ad litem ( Bar attorneys first allegiance, generally, is to the court; not their client; its “job security”, etc.)

4.) If you are daughter or anyone acting in behalf, defense of the targeted ward; have a DPOA(Durable Power of Attorney); are legitimately entitled to information, etc.;__ YOU ARE AN OBSTACLE TO THE STRATAGEM. You will be demonized; accused of the exploitation the predators are perpetrating or the criminal actions of those who victimized you. Accusations of mental illness(ordered to get psychological testing from predator’s associate_ fairly common tactic); drug addiction, etc.; no proof is necessary. Maybe the (covered)criminal will testify against you. You are not charged with anything; therefore you have no right to face your accuser and get evidence in your defense. Accusations are made off the court record, in the court hallway. Remember; it is a kangaroo court proceeding. The judge makes the decisions, issues the orders and ignores the laws with impunity and no remedy. Elders are ‘expected’ to get ill and die, hence; this stratagem has been practiced on them for years. Death_ Terri style is without a court order; no public exposure; disabled now publicly initiated.

5.) APS(Adult Protective Services) are often one entity in the circle of predators

6.) Intimidation and deception are always tools of the predator’s trade.

7.) The “circle of predators“, usually thru intimidation, makes sure (while treating you as a criminal), there are no witnesses; no written, verbal, uncensored communication; demands severe unnecessary restrictions; refuses to write them down(avoid any possibility of proof of abuse and liability), such as, no visitors; only one visitor at a time, no video cameras; telephone access, audio recorders, no vitamins, nothing from home. Family may be allowed “supervised visits”. The targeted ward’s assets will pay for the “visit supervisor’s” time. Family/advocate needs no record of abuse whatsoever; no verifiable evidence of abuse; you may even have proof of good care giving (obstacle to predators recipe), which will never be entered into the court record. Supervision is required without cause_ part of demonizing process.

8.) The targeted “ward” and later declared “ward” is denied specialized medical treatment even when she can pay for it herself. She is denied contact with medical professionals outside of the predators’ circle, of associates. She is not supposed to improve; that is an obstacle to squeezing every penny(possible benefit)from the ward and avoiding any possibility of liability. No independent medical evaluation is allowed though law requires it. The predators’ doctor examines the targeted ward and that is her ‘independent med evaluation’. The ward is expected to be and almost always is_ a ward until death. The ward is sentenced to enforced health decline. The family has NO SAY AT ALL. If the ward is dying, the family member( “obstacle” to predator’s profit) is often not told. THE GUARDIAN OWNS THE WARD and the fruits of her and her husbands lifetime of labor. Wards (not humans) are owned as a result of JUDICIAL IMMUNITY, NO ACCOUNTABILITY, POSSIBLE REMEDY A FACADE, just as in the Terri Schlindler display of corruption, major media disinformation and murder.

9.) Deception and no honest exposure; two essential keys of success.( media will not print the real story if they print anything at all). Notice; most people think Terri’s case is uncommon, a right to die case, not a corrupted guardianship case; if truthfully exposed, the supply of prey would diminish.

10.) Felony crimes committed against you are suppressed, covered up, authorities will not prosecute the crimes against you because the predators are likely to use alleged criminal against you as witness(es), etc. The acknowledgment of crime might be obstacle to gaining guardianship over the targeted ward, which is the lock down of the “takings”. Any and all ‘obstacles’ are removed with no regard for laws, crimes, human rights, abuse and exploitation. Obstruction of justice is a predator specialty. No law enforcement, remedy, recovery from the crimes committed against you_ allowed.

11.) An “emergency temporary plenary guardianship of the person and estate” may be granted to one of the PREDATORS without a hearing, in the judges chambers. Your lawyer will play dumb or fabricate an explanation_ “it’s just temporary until things can be investigated....(its normal)”. NO ! It is the initial stage of OWNERSHIP (GUARDIANSHIP) of the “ward” and the beginning of HELL.

12.) The ward’s mail, finances, health care or lack, complete existence is taken over by the emergency temporary guardian/permanent guardian. Her family advocate, will be allowed no information at all. Family advocate becomes non-existent. The ward has no family, for all practical purposes. If family makes a complaint about the facility; they are not allowed to know the results, etc.; all information goes to the guardian. Family has rights_ on paper; in reality, must know them; your attorney probably won’t tell you. When you exercise them, you will be considered angry, aggressive or something equally negative. Sometimes you are punished and can never see your beloved ‘ward’ again.

13.) If family seeks help thru govt. agencies, state govt., federal govt., legislative representatives_ you will get a run around, shut down, and told to leave. The more grievous the violations, the more of a closed door, ‘get out’ reaction you get.(the greater the wrong committed toward you; the more impossible to get any help) No state grievance process exists except a facade on paper.

14.) Most attorneys seem to equate “guardianship” cases with leprosy_ untouchable. If you have $20,000 or more remaining, an attorney may take your case; that has nothing to do with the outcome. Contingency does not exist for guardianship. Public interest law groups will not ‘touch’ it.

15.) Your attorney does not make a good record for appeal since he must be favorable to the probate judge. If you can still afford an attorney, you are most likely to appeal and lose. If you can’t; you can try to find remedy as a “pro per” litigant. I have been more successful learning from experienced “pro per” litigants and representing my self. The State Supreme Courts: Pa., Fl., Nev., Ma., Ore., Va. and more; have a negative reputation; are not known for “upholding the rule of law”.

16.) If you try federal court, bankruptcy court(both fed), you may delay some of the confiscation of property. Remedy is unlikely; exposing corruption in high (govt.) places is taboo. Then the excuse of “abstention doctrines” (abstention doctrines are not in the Constitution) covers for the “taboo”. Federal courts do not take jurisdiction of cases litigated in state court, if the outcome would trump a state court decision, even in matters of Constitutional violations. It is possible to get past the abstention doctrines, though much more likely; no remedy, as seen in Terri’s case.

17.) The ward and advocating family member pay for your own involuntary institutionalization, abuse and exploitation. After the guardianship is permanent, involuntary institutionalization may be paid by Medicare fraud; the predators want as much as possible of the “takings” to divvy among themselves.

18.) This “war” goes on for years if you persist toward remedy. Your health is negatively effected from the constant stress and you have difficulty functioning as well as you did before HELL, which compounds the stress. Depression, anxiety, ulcers, cancer, or other chronic illnesses affect the ward and family. Your financial losses are not recovered and you can easily become totally broke. A great deal of time is required for “pro per” litigation. Your family relations are difficult or shredded, due to abuse, loss, despair, extreme disillusionment, etc. This recipe is from my experience and many others; life changing .

19.) The ward( your mother, daughter, family member) is held hostage while you spend most of your time and resources attempting to free her/him.

20.) If you cannot free the ward, when she/he is no longer a profit producer(about the time limited medical treatment produces diminished health/illness) she/he will have a “duty to die”. First, no food or water, when organs start to fail, some morphine, which hastens death by reducing respiration.

“The above stratagem without truthful media exposure is silencing of the lambs”.

Note: Without forewarning of this entire stratagem; the predators almost always succeed; family and the ‘ward’ pay, as victim(s) of crime and corruption with unimaginable loss, abuse and exploitation without remedy_ an epidemic practice.

1 Comments:

Blogger grandmotherrocks said...

We understand and I lost my mother to the state of Illinois. It is all about money but Mother is DEAD and the attorneys are loving it! Her case appears intentional....estate conservation.

Some of us are marching on the capital in Springfield. It is election year.

4:29 PM  

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