From the Disability Rights Education and Defense Fund (DREDF)
and other disability rights attorneys and advocates
Department of Justice Proposes Vast Changes in ADA Regulations
YOUR COMMENTS URGENTLY NEEDED!
The Department of Justice recently issued major proposed revisions to its regulations implementing Titles II and III of the Americans with Disabilities Act (ADA).
The deadline for comments is August 18, 2008.
Some of DOJ’s changes are excellent, and urgently needed. It is important that the disability community laud these, to support DOJ against industry attack. Good proposals include adoption of the new 2004 ADAAG, stronger hotel reservation and ticketing provisions, recognition of psychiatric service animals, additional companion seating in theaters and stadiums, and stronger provisions for effective communication for people with hearing, visual, and speech disabilities.
However, there are also many draconian changes that would radically reduce the rights of people with disabilities to accessible facilities. For example, DOJ proposes:
DOJ must receive a flood of comments from the disability community in favor of a strong, comprehensive ADA. Comments must defend the principle of individual, case-by-case assessment, which DOJ is largely abandoning in favor of many blanket reductions. We must remind DOJ that the ADA is already carefully crafted to take the needs of covered entities into account, and that reductions to our civil rights would be a devastating blow to our daily lives.
Links to draft comments are below to help you write your own comments. The links are organized by topic. Some of the links may not be complete yet – check back for additions and changes.
How To File Your Comments
Tips On Commenting
Download The Proposed Regulations And Related Documents
Important: Your comments will have the most impact if you revise our drafts to add your own thoughts, and especially your own personal experiences or those of friends, family, colleagues or clients with disabilities.
MAKE YOUR VOICE HEARD: SEND IN YOUR COMMENTS!
Thursday, July 31, 2008
From the Disability Rights Education and Defense Fund (DREDF)
Wednesday, July 30, 2008
“THIS CAN’T HAPPEN HERE” On a quiet tree-lined street in Redlands, California, in a low, architecturally unremarkable beige building, the war has come home.
Nestled behind the Redlands Police Department, the Redlands Superior Courthouse is housing a systematic and covert assault on the lives and life-savings of San Bernardino County's elderly and disabled.
A smiling, bespectacled security officer, sporting a platinum blonde ponytail, runs the visitors through a metal detector as they enter. One walks into a lobby area, with two courtrooms off to the side: Department E1 and Department E2. Only traffic and probate are now heard in the Redlands Court. At the far end are the filing windows, where smiling and attentive clerks will retrieve files and accept court filings.
In the California Superior Court system, one must pay a filing fee in order to enable the court to dismantle one's life and estate. Across from the clerk's office, the East wall is lined with photographs of San Bernardino Court judges, beaming beatifically, and posing in their black robes. However, Judge Michael Welch is not smiling. Welch is one of only two probate judges in the entire San Bernardino County, and as such is the point man for the probate conveyor belt, which is grinding up the elderly and turning them into cash, through the court conservatorship and guardianship programs.
This is how it works: Read it all here =>>
My mother was placed into "Temporary guardianship" by her grandson who did this terrible deed to keep his grandmother from testifying against her daughter (his mother) whom she filed grand theft and identity theft charges. This was done by the grandson going in exparte and without a hearing or ANY due process my mother's life and all her civil rights were totally destroyed. There was no way to
get her to have a lawyer chosen by her to represent her, rather the lawyer for The Guardian proceeded to "Steal" almost $250,000.00 in fees to the Guardian and their attorney. The rest of
the remaining $150,000.00 mostly went to pay all the other lawyers, so many it would make you sick, not to mention the wasted bills for things that never needed to be spent but these people, if you can call them that,spent my mom's money as if it was play money.
My mother was in guardianship only 10 weeks when they put her into Hospice and claimed she had "end term colon cancer" which is what they told me. Recently I thought there were lose ends and I went back and got the medical reports from my mother's doctor and found out that my mother's diagnosis was not cancer but rather ulcerated colitis. They put her into a Hospice program and 12 days later she was dead from the effects of morphine.
After having to get a court order from a Judge, I was allowed to see the hospice records. To my total shock, there were NO doctor's reports from my mother's private doctors. There was no pathology report or any reports what so ever testifying that my mother had only 6 months left to live.
They put her into Hospice WITHOUT any documentation. This is not only morally wrong but it is wrongful death. I could write 10 pages of what happened to my mother and to me but I will end by simply saying that after I personally spent $110,000.00 of MY OWN money to try and stop this outrageous nightmare I am left to pray that someone like you will tell the story to those who have gone through this already and worse those who are yet to find out that their parents or themselves are the next victims of this UNLAWFUL law.
I ask that you allow me the privilege to speak to you personally. I honor your interest in this issue because it is so important that the free press keeps its ability to inform its' public. I will hopefully hear from you or a representative and that you will hear my story of how I tried to save my mother but failed.
Tuesday, July 29, 2008
It appears as though two Michigan judges’ inability to get along has made a mess of the Macomb County probate courts. Judge Kathryn George, ousted as the court’s chief judge by the Michigan Supreme Court in June, has now also been removed from all cases involving wills and estates. George will only handle mental cases (we’ll leave that one alone - too easy and cheap a shot!) while Probate Judge Pamela Gilbert-O’Sullivan will handle all other cases.
That’s all well and good, but how much harm did these jousting judges inflict on innocent taxpaying families who came before these courts expecting mature, fair-minded professionals capable of exercising prudent judgment when rendering decisions?
We see and report on judges that appear to think quite highly of themselves. While the trappings and prestige of the position help create an aura of credibility and respectability, too often we find reality to not be so honorable or impressive.
The harm which can be inflicted through probate venues is massive. Warning of this danger is why Estate of Denial and ElderAbuseHelp.Org exists. Read the stories we post and you’ll understand our concern.
In the meantime, we hope Taxpayers everywhere will join Harris County (TX) residents in demanding more of their probate judges and other officials. It’s no exaggeration to say your life (or at least life’s accumulation of assets) could depend on it!
Monday, July 28, 2008
Taken from; http://www.caught.net/prose/gembala.htm
"Fraud upon the court" occurs whenever any officer of the court commits fraud before a tribunal. A judge is not a court; he is under law an officer of the court, and he must not engage in any action to deceive the court. Trans Aero Inc. v. LaFuerga Area Boliviana, 24 F.3d 457 (2nd Cir. 1994); Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985) (fraud upon the court exists "where the judge has not performed his judicial duties").
The Supreme Court, In re Eugene Lee Armentrout et al., 99 Ill.2d 242, 75 Ill.Dec. 703, 457 N.E.2d 1262 (1983), stated that:
"Fraud encompasses a broad range of human behavior, including " ' * * * anything calculated to deceive, * * * whether it be by direct falsehood or by innuendo, by speech or by silence, by word of mouth or by look or gesture.' " (Regenold v. Baby Fold, Inc. (1977), 68 Ill.2d 419, 435, 12 Ill.Dec. 151, 369 N.E.2d 858, citing People ex rel. Chicago Bar Association v. Gilmore (1931), 345 Ill. 28, 46, 177 N.E. 710; In re Alschuler (1944), 388 Ill. 492, 503-04; Black's Law Dictionary 594 (5th ed. 1979).) Too, this court has previously disciplined lawyers even though their fraudulent misconduct did not harm [99 Ill.2d 252] any particular individual. In re Lamberis (1982), 93 Ill.2d 222, 229, 66 Ill.Dec. 623, 443 N.E.2d 549."
Intrinsic Fraud is Fraud by fraudulent conduct that arises within the proceedings and pertains to the issue in the case that could have been tried. When a Plaintiff gives false testimony he prevents a motion from being heard by the Court, committing Intrinsic Fraud. [I]f a judgment was obtained upon false testimony or aFraudulent instrument and the parties were heard, the evidenceSubmitted to and received consideration by the court, then it maybe said that the matter has been actually tried and the parties arestopped to set up an intrinsic or direct fraud to vitiate the judgment,because the judgment is the highest evidence and cannot be contradicted by the parties to it. Johnson v. Wells, 72 Fla. 290, 299, 73 o. 188, 191 (1916).
The Definition of Extrinsic Fraud was specifically articulated in the United States v. Throckmorton, 98 US 61, 65-66, 25 L.Ed 93 (1878), in which the United States Supreme Court said: Where the unsuccessful party has been preventedfrom exhibiting fully his case, by fraud or deceptionpracticed on him by his opponent, as by keeping himaway from court, a false promise of compromise; orwhere the defendant never had knowledge of the suit,being kept in ignorance by the acts of the Plaintiff; orwhere an attorney fraudulently or without authorityassumes to represent a party and connives as his defeat;or where the attorney regularly employed corruptly sellsout his client’s interest to the other side-these, and similarcases which show that there has never been a real contestin the trial or hearing of the case, are reason which a newsuit may be sustained to set aside and annul the formerjudgment or decree, and open the case for a new and fairhearing.
I. THE 7TH CIRCUIT COURT OF APPEALS STATES, “A DECISION PRODUCED BY FRAUD UPON THE COURT IS NOT IN ESSENCE A DECISION AT ALL, AND NEVER BECOMES FINAL.
July 11, 2008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Office of Governor Charlie Crist
State of Florida
400 South Monroe Street
Tallahassee, Florida 32399-0001
Re: Denial of Disability Accommodations and Abuse of JQC Special Counsel, Lauri Waldman Ross’ Position in Order to Obtain an Unfair Advantage in Litigation
Dear Governor Crist:
I am a disabled citizen of Florida. My disability is classified as Post Traumatic Stress Disorder (PTSD). The cause is considered Legal Abuse Syndrome (LAS). My disability stems from protracted litigation and has been verified by two licensed medical professionals as such. The Legal Abuse Syndrome (LAS) arises, when in the judicial process, unfair and manipulative tactics create an abusive and unfair power differential. In this case misinformation, lack of candor, and outright lying are used by opposition counsel along with sleight of hand behind the scenes. My life is held in terror and jeopardy while these abuses hold me helpless to have my case heard in a fair court in Florida. The attached Report has been provided to the ADA Site Coordinator at each court hearing our case.
This is precisely what has been transpiring in the legal malpractice action that my 76-year old husband, my company, Baron's Stores, Inc., and I have against three Florida attorneys which has been in Miami Dade Circuit Court since 1999. I ask for reasonable accommodations which are granted on their face and then find that the Judge denies my basic due process rights rendering my Accommodations moot. This is an underhanded way of using my disability against me without it showing in the paperwork. I am in a war of attrition with powerful entities that connect behind the scenes and block my path to fair and unbiased decisions at every turn for more than ten years.
As the Chief Executive Officer of the State of Florida, as a member of The Florida Bar, I am writing to you, for the third time, regarding a matter of great public importance that has a direct bearing on the citizens of this state whom you are duty bound to protect. I am one of those citizens who have notified you, now for the third time, regarding Lauri Waldman Ross, Esq., Special Counsel for the Judicial Qualifications Commission.
Governor Crist, you must understand how difficult it is to sue an attorney in general. Nevertheless, it was easy for us to retain counsel to pursue the damages we suffered as a result of three attorneys negligence which caused the destruction of a fifty two year old family business, the unemployment of two hundred Florida citizens, and the financial and emotional devastation to my family. What has been difficult is having attorneys stay on board to see the case through to its just results. One need look no further than the role The Florida Bar and its connections, and the pressure that it could exert on attorneys, have played in this particular litigation. In this instant case, opposition counsel is Lauri Waldman Ross, who is defending attorney Marc Cooper, my adversary, who routinely commits fraud upon the court. This is also to put you on notice what powerful strategy The Florida Bar personnel use behind the scenes by involving Ms. Ross in this litigation considering that The Florida Bar's improperly created malpractice insurance carrier, Florida Lawyers Mutual, insures Mr. Cooper. The Bar’s created insurance company promises to protect insider lawyers who insure with them.
I have expressed my position on this inherent conflict of interest between The Florida Bar and Florida Lawyers Mutual Insurance Company for years. My website - www.victimsofthesystem.org, and my blogs, http://www.fraudonthecourt.blogspot.com/ and www.baronslansonlitigation.blogspot.com outline in detail the detrimental and prejudicial effects such a relationship has on the unsuspecting public.
Ms. Ross maintains a very influential position with the JQC. An insider influential position, that according to the cover story in the Daily Business Review published on December 3, 2007, “Behind the JQC curtain,” the article opens “Its members consist of top lawyers, judges and businessmen from across the state. They operate in secret and even retain former FBI and U.S. Secret Service agents to help with investigations. In private visits behind closed doors, they warn errant judges that they are being watched, so they'd better conform to the code of judicial conduct or face the consequences. They are known as the JQC - three letters that are whispered throughout the halls of justice and, at least its members claim, strike fear in the hearts of judges everywhere.” In the same article it states - The fear of appearing before the JQC helps keep judges conforming to the code, said JQC members. “There are three letters a judge never wants to see or hear and that's the 'J-Q-C,' said Broward Circuit Judge Paul Backman, a JQC member. They don't want to be in front of the JQC, they don't want in any way to be known by the JQC, and if someone makes a mistake that needs to be addressed and corrected, they usually get the message very quickly.”
What sets our case apart from the normal protocol is the presence of Lauri Waldman Ross and her position with the JQC. In our litigation the rules and the laws are ignored to favor the defendants, their counsel, having the full cooperation of a sitting judge up for re-election. The defendants and their counsel have knowingly brought fraudulent documents into our litigation. They have refused to remove them in violation of the Rules Regulating The Florida Bar. Judge Cohen has full knowledge of the fraudulent documents and has taken no action to report the defendants and their counsel to the proper authorities in violation of Judicial Canons. Lauri Waldman Ross has not taken appropriate action by bringing this to the attention of the JQC because her client, and others, benefit by the fraud on the court.
This is not the first time Ms. Ross has used her position to improperly influence a Judge in this litigation. In 2005, Ms. Ross secured a partial summary judgment from a terminally ill Judge, Manny Crespo, who was on the case for two days, inapposite to the facts and to the law. She secured this partial summary judgment full well knowing that the Judge, Norman Gerstein, who presided over this case for six years, stated at a hearing immediately prior to his transfer to another division that the damages Ms. Ross was able to secure summary judgment on from Judge Crespo were individual damages belonging to me and my husband. She knew what she was doing was a violation of the rules and the law, and she did it with the intent to continue to deprive my husband and me what is rightfully ours according to legal precedent.
At a status conference held on May 30, 2008, Judge Jeri Beth Cohen degraded me, denied me discovery pursuant to the fraudulent documents and denied the Motion to Strike for Fraud on the Court without even glancing at the Motion. It was after that hearing, whereby my PTSD/LAS exacerbated to such a degree that I could not function, could not get out of bed and was consumed with such dire thoughts that I had to seek treatment by a psychiatrist who immediately placed me on daily medication. Furthermore, Judge Cohen deprived me of my full rights to continue to represent myself, Pro Se, in violation of F.S. 454.18.
Attached, to this letter is a copy of my ADA Report. Both the Federal Court and the State Court, in addition to the defendants and their counsel, have been provided with this Report since as early as March, 2008. After being put on notice of Requested Accommodations, both the Court and Lauri Waldman Ross have ignored my requests and have actually exacerbated my symptoms as stated above. I am putting the State on notice, through your office, that I am requesting the attached ADA Accommodations be granted to me immediately. I am entitled to these accommodations in order for me to secure a “level playing field” which is built on my rights to due process being properly granted. In that regard I ask you to exercise your Executive Powers and see to it that a change of venue in this case is granted immediately, free of all appearances of conflicts of interest pertaining to The Florida Bar, its members, its officers, the JQC, and its created malpractice insurance company, Florida Lawyers Mutual. My health has been in danger for these past ten years due to preventable traumatic experiences perpetrated by the insider connections surrounding this legal malpractice case.
Meryl M. Lanson
cc: Brooke Kennerly, Executive Director - Judicial Qualifications Commission
Lauri Waldman Ross, Esq.
Enclosures: ADA Accommodations Report
Daily Business ReviewArticle Dated December 3, 2007 “Behind the JQC Curtain”
WEST PALM BEACH -Florida USA by JANE MUSGRAVE
Fifteen years ago, life was good for Meryl and Norman Lanson. They owned a small and respected chain of men's clothing stores. They had a young son. They had a nice house. They had good friends. They had money.Then the phone rang.
Baron's grew from a one-store operation in 1946 to 17 stores. It catered to upwardly-mobile professional men. The chain had stores from Miami to West Palm Beach, as well as two stores in Orlando and one in St. Petersburg.
Within days of receiving an after-hours call from their banker, they learned a trusted employee and friend — the godfather to their only child — had embezzled $3 million.
Five years later, Baron's, their menswear chain that was a Household name in South Florida, was dead.
But while the 52-year-old family business died, the battle was only beginning.
Now filling dozens of boxes stacked in the dining room and garage of their suburban Boca Raton home, the legal fight has destroyed the Lansons' life.
Meryl Lanson is devoted to proving that the legal system — attorneys, judges and other professionals — conspired against them.
She has fought the battle in state and federal courts. She has sued her former attorneys for malpractice. She has filed complaints with the Florida Bar and the Judicial Qualifications Commission. She has written letters to former Gov. Jeb Bush and Gov. Charlie Crist and copied the missives to the entire Florida Legislature. She has created Web sites, decrying the legal system and what it has done to her family.
And, 15 years into the battle, she shows no sign of stopping.
Just last week, she filed yet another federal lawsuit, accusing Miami-Dade Circuit Judge Jeri Beth Cohen of violating herrights to represent herself in a still-unresolved lawsuit that was first filed in 1999.
"Get on with your life? How do you get on with your life?" she asks, mocking the advice many have given her. "This is a horror. They destroyed our business. They destroyed our reputation. They took our money and used it to destroy us. They're going to put me back to where I'm entitled to be."
Those who think she's suffering from psychological problems are partially right. It's just one of the many scars of the prolonged litigation. And, she says, she has a medical diagnosis to prove it.
published by Estate Of Denial.Com
Here’s something to think about from our friend Willy Roberts in California. So much collateral damage results to those close to an Involuntary Redistribution of Assets (IRA) target with this story well making that point.
Finally, the “cause of death!” It only took 6 months! Kaye Kornmayer died January third of this year due to lung failure! She was 80 and the mother of Karla, my fiance.
But here is what really happened……….. I was there as was Maggie and Rachel and a CNA we had hired.
Kaye was my Mother`s best friend! They played “Round Robin” bridge together. Yea, and they cheated! (I remember coming home from school and they would be huddled together, “If you are strong in “clubs” do this and if I have “hearts” I`ll do this…………………………”)
But my point is this:
Two days before Kaye died we had hired a CNA, Florence, from Feather River Health, as a “live-in” for Kaye. The following day, Florence, called an ambulance for Kaye because she was having problems breathing!
I was called as was Maggie Doues and Rachel Randal because we were on the Enloe medical alert, list.
When I got there this is what I saw and heard:
Kaye was screaming at the para-medics, “don`t you take me, I am fine! Do you know what happened to his mother when they took her……………………? I will never see my home, again!”
She, adamantly, refused needed medical attention for fear of ending up in a nursing home under a guardianship! After watching what happened to my Mom, under a guardianship, she, actually, refused to be treated!
And she died the next morning! Does this bother you? It sure leaves a bad taste in my mouth!
Saturday, July 26, 2008
November 4, 2008.............General Election
Friday, July 25, 2008
Mr. & Mrs. Adalberto Fernandez
August 13, 1997
The attorney-in-fact will take the necessary steps to transfer the assets to the living trust and thereby avoid the need for the institution of guardianship proceedings.
Conclusion plan which we are recommending to you has three primary advantages over your existing plan. First, the use of revocable living trusts instead of just wills offers you the opportunity to avoid probate at your deaths. Second, the use of the living trust will enable you to avoid guardianship in the event of incapacity.
Related Posts http://en.wikipedia.org/wiki/Trusts_and_estates
"The use of the living Trust will enable you to avoid guardianship in the event of incapacity." Buyer beware, this isn't so, take it from one who has been there! If you believe that forking over good money for a Trust will avoid Guardianship proceedings, then you deserve to have a guardian at $450/hour take all your money ! It isn't so.
This law is wide open to interpretation and is interpreted any way the probate court chooses to!
Thursday, July 24, 2008
After a long and successful career as 16th circuit court judge, Sandra Taylor is not a candidate for re-election. She has done a commendable job and we extend our thanks to her for her public service. With her retirement, five citizens will be on the Aug. 26 ballot, hoping to succeed her.
In 1994, counties were ordered to create separate family courts. That is the role that Taylor has been filling. Judge Luis Garcia, who is the chief judge-elect, will decide which judge in District 16 will be designated to serve the family court. However, each of the candidates assumes that he or she will appoint the winner of this election.
If one candidate gets 50 percent plus one vote of the votes cast, that person will be elected. If not, the two with the most votes will advance to a runoff in the Nov 4th election.
Our choice for this position is Mary Vanden Brook, who has ample experience as an attorney for the prosecution as well as the defense. Even more important is her experience in the family court system.
She has served children as the first attorney in the Guardian Ad Litem program helping children-victims prepare for the deposition process and setting up the protocol. Later, Vanden Brook became director of Guardian Ad Litem, running that volunteer-based program for three years.
In 1995, she began building the family court system in Monroe County. Through 2005, she was the family court manager, general master and mediator for the 16th Judicial Circuit. For the last three years, she has been the 16th circuit's trial court administrator.
Vanden Brook also created and operated the circuit's Self-Help Program to aid people who wished to represent themselves.
Vanden Brook, who has lived in the Florida Keys for 20 years, received her bachelor's degree from the University of Wisconsin and her Juris Doctor degree from Marquette University.
Manny Madruga, who has served as assistant prosecutor for the past 18 years, has prepared himself well for this position with his involvement in children's activities in the Keys. He has been president of the Key West Boys & Girls Clubs, as well as working on the Children ID program with the Masonic Lodge F&AM and Christina's Courage. Madruga has spent most of his time as a prosecutor and told the Editorial Board that prosecutors never would send a case to court unless they believed the accused were guilty. That's fine if you're a prosecutor, but that same thinking as a judge would go against innocent until proven guilty.
Tegan Slaton has been an attorney since 1991. He believes he is an expert in child support laws and is a strong advocate in enforcing child support. He has served in the Public Defender's Office and in 1999 became the Keys' first traffic magistrate. He's a certified mediator and has served as family law magistrate at the Key West and Plantation Key courts. For 15 years, he has heard divorce cases and sent his recommendations on to Taylor to make the final decision. Slaton is married to Public Defender Rosemary Enright and, while he would have to recuse himself from cases defended by that entity, he says his marriage is a "non-issue" in this election.
Jiulio Margelli, who has owned his own law office in Key West since 2000, is a special magistrate for the family and civil divisions and has extensive experience in complex family, civil and criminal law matters. He was a candidate for County Commission in 2000 and served three years on the county Planning Commission before resigning.
Richard Behr, who has lived in Key Largo for 11 years, is an associate attorney at Vernis and Bowling. He claims 21 years of experience in both criminal and civil law and has extensive experience in domestic relations, probate and juvenile matters.
— The Citizen
Wednesday, July 23, 2008
Tuesday, July 22, 2008
PROBATE COURTS NATIONALLY ARE PIMPING BOTH THEIR DEAD AND LIVING CITIZENS.
Probate Court Officers are holding citizens as " Ward Hostages" to loot their estates. How much longer is it going to take before each jurisdiction both stops this irreversible crime and criminally indict these greedy, ruthless people? Starting first with the judges who lead this abuse and criminal activity against many thousands of families.
I would like to hear your story of abuse, theft, collusion between nursing homes, social workers, and attorneys, probate judges, guardians and any other group or institution participating in this collusion to benefit their coffers on your back.
Please let others know of this documentary to share their probate court's abuse stories.
(This is why more and more people, mainly the elderly, are refusing needed medical attention.)
You are 70+ years old. You live in a nice little apartment, by yourself. Your husband has died but your kids see you everyday. Your friends come by and you are happy! It`s OK!
Not glamorous but....... it is your Golden years. And a God given right to live out those years as you wish. You have worked hard all your life, saved money and earned this right - to live out your life as you wish! And you are happy!
But then you make that fatal mistake! You trip over a slipper or fall picking up your newspaper, or.......................
And then a doctor tells you that you should not live alone. And he files a report to the health department, APS, Social Services, Public Guardian , The Doctor is problably acting in your best interests he does not have any idea of what he has just incited!
In walks APS/Public Guardian! And they, complete strangers, decide what is "best" for you. And these strangers do this with complete disregard for your wishes or will! And these strangers have total control over your medical and financial affairs, backed by the court.
Their first objective is to malign and alienate family members, as they just "get in the way!" If your daughter or grandson complains, out of concern, for your well being you will probably not see much of them. Restraining orders will be filed and approved by the court!
(ignore them, it worked for me! And if it doesn`t, the newspaper will love a story like that) You are now at the mercy of total strangers!
And their main concern, of course, your money! They will ask for, and receive, complete control of your assets by the court. Your new "guardian" now has the power to hire lawyers, sell your stock, sell your property, pay themselves and, pretty much, do what ever they like with your money! And of course, under the auspices of "this is done to take care of the ward!" Yep, you are a ward of complete strangers! Strangers that make a very comfortable living from "taking care of you!"
Their next concern for your "care" will be to put you in the cheapest nursing home they can find. And this is, quite probably, where you will die....and most certainly before your time. And, as the pattern seems to fit, not long after strangers have spent most all of your money! Could that be a coincidence?
Remember that nice little apartment? You are now a non-person with, absolutely, no rights! And your family and friends cannot help you! And when you come to reach that awareness.............. boy, it must be a pretty crappy feeling!
Life is not long. Life is short! And every second should be treasured. The
end of life should not be this way. And for this end to be a way of life - and
death - for so many well, I don`t have words to express,........... just ANGER!
Remember that nice little apartment?
Monday, July 21, 2008
Adoptive daughter and guardianship
Sunday , July 20, 2008, 11:22 PM
I am in north TX. Have a 22 y/o adoptive daughter ( from Europe) who is being turned into an orphan again by guardianship services organization. They are not allowing her to see any family and most friends, as we have discovered the abuse she lives with in group homes - they have forced her into in TX. Have filed complaint with state and spent 20,000 with attorneys - all to no avail.
Tuesday, July 15, 2008
by Estate of Denial.Com
Whoever believes that “good” ultimately wins out over “evil” may have to rethink that position after any scrutiny of America’s probate system. Of late, Connecticut has deservedly received much attention and today is no different with the resignation of probate court administrator James J. Lawlor.
It’s hard to know what to say. You want to believe wrongdoers get their comeuppance, but the truth is that bad people do bad things to good people on a daily basis and they get away with it — sometimes with the help of our American judicial system. As James Lawlor, a guy tasked with protecting Connecticut’s taxpayers and upgrading the state’s level of judicial integrity, likely “ruffled some feathers,” he’s gone.
Next week, we’ll see if former Connecticut attorney Peter Sivaslian, accused of embezzling nearly $5 million from the estate of an elderly Barkhamsted woman suffering from dementia, will receive any jail time. (Check back tomorrow for background on this story.)
And of course in August we’ll be watching to see if Austin (TX) attorney Terry Erwin Stork gets jail time or any significant sentence for stealing from three of his clients’ estates.
Bottom line: government - and that means elected and appointed officials as well as employees - no longer deserves to be considered trustworthy in their role “of the people, by the people and for the people.” That may position some good people in a bad light, but that’s okay as we’ve seen too many good people uselessly harmed by an unresponsive government which too often is self-dealing or else aids and abets (either directly or through tacit complicity) its unethical, greedy allies.
We’re tired of this betrayal, but we’ve got lots of energy to keep “shining light on the dark side of estate management” - and government, this means you, too!
From: Sharon Denney
This is Doctor Vernon Sinn. He is a physician whose specialty was internal medicine. He also practiced in the cardiology area. He was, in every way, a scholar.He also earned a law degree.
He used all of his degrees to help others. He never failed to lend a helping hand to those who needed it.
Six years ago, Dr. Sinn had a run of bad luck. He lost his mother and his wife in the same time frame. Shortly after dealing with those two losses, Dr. Sinn took sick himself. He developed a serious form of cancer and was hospitalized.
His doctors didn’t believe he could recover. But Dr. Sinn fooled them.His remarkable strength and courage gave him the will to recover. He discovered, however, that in his absence he had been robbed of everything he owned, of all that he had worked for, and all that permitted him to reminisce about his earlier life with his family, his mother, and his wife.
During his illness, in order to “protect” him and to pay his bills and handle his affairs, the court assigned a guardian. However, as Dr. Sinn soon found out, the guardian had not protected him. The guardian had looted his assets. Dr. Sinn had nothing left. His home and his mother’s house had been sold. His assets were sold or distributed to others. His savings were gone. The guardian, certain that Dr. Sinn would not survive his ordeal, had taken it all. That was six years ago. After a lifetime of hard work and giving to others, Dr. Sinn was taken for all that he had.
Thus began a legal odyssey that sent Dr. Sinn knocking on every official door in the state of Illinois asking for an accounting for his belongings, his and his family’s money, and their homes. To date, he has received no answers. His cherished belongings, including a valuable organ, are turning up all over the state in the hands of others. He has discovered conflicts of interest, double dealing, dirty dealing, and obvious theft. Despite those findings, the state of Illinois has steadfastly refused to investigate this situation.
Dr. Sinn deserves better, much better. No American should be the victim of officially sanctioned theft. Our tax dollars should never go to support a system that is thoroughly corrupt.
Dr. Vernon Sinn email@example.com
For More Info on State sanctioned elder abuse and exploitaion in Illinois go to =>>http://dupagecorruption.org/elderabuse.html and http://dupagecorruption.org/
Monday, July 14, 2008
by Estate Of Denial.Com
“You can’t hang a man for killin’ a woman whose trying to steal your horse.” Those are some of our favorite words written by Texas’ own Willie Nelson. And a newly convicted Austin outlaw named Terry Erwin Stork best be pleased that the “Red Headed Stranger” code of justice isn’t in effect as a horse would likely be considered part of an estate, something from which Mr. Stork’s been convicted of stealing - and not even once, but three times! See link.
Terry Erwin Stork. He betrayed his clients’ trust. He stole from their heirs and other designated beneficiaries. He discredited his profession and provided fresh ammunition for people who believe that “all lawyers are crooks.” And we hope he serves as an example for those in his profession and other current or wannabe estate looters that bad consequences can occur when you steal from the dead and/or the disabled and their families.
Estate of Denial is familiar with Stork. Background articles are available at:
We are pleased that the Travis County (Texas) District Attorney’s office took on this case. It may have happened in response to Tony Plohetski and the Austin American Statesman’s coverage of the ease with which Involuntary Redistribution of Assets (IRA) cases are occurring — but we appreciate progress however or from wherever it comes.
And while realizing that prosecution of these cases occurs in an environment with limited resources and competes with many violent or heinous crimes also requiring attention, the families to which this happens are generally law abiding, taxpaying citizens who deserve (and have paid for) better treatment than they have previously received from taxpayer-funded entities such as elected officials, law enforcement, civil and criminal courts.
It is understood that county district attorneys and courts would rather relegate these cases to civil actions as they don’t want their resources tied up and these cases can be good income generators for court personnel and attorneys on the civil side of things. This attitude however, we believe, perpetuates more IRA cases as civil trials are cost prohibitive, time consuming and emotionally exhausting to a point that many people - though completely deserving of justice - can’t pursue such an action and continue with any type productive life. All involved - the public officials, lawyers and those of us experienced in being an IRA target - are aware of this reality as also are the looters and the poachers who, because of our “pay to play” legal system, become even further emboldened to commit these dishonest actions with minimal concern for future accountability or liability.
And to the defensive bureaucratic response of “would you rather us not pursue criminals who are raping and murdering people and instead focus on those who are stealing from estates?” we would simply point out that IRA cases are often actions of opportunity made attractive due to an unlikeliness of negative consequences. Should IRA perpetrators (lawyers and otherwise) start understanding that looting assets from estates can lead to serious, even criminal consequences, the appeal of such actions will diminish as likely will the numbers of these cases.
We generally try to avoid overtly angry tones in our postings, but the nature and close physical proximity of this case makes this posting an especially difficult task. Terry Erwin Stork is not the first grave robber. He is not the last - especially not in Travis County. “Shining light on the dark side of estate management” is critical. Thank you to Tony Plohetski and the Austin American Statesman for their efforts.
Meanwhile, we hope that Mr. Stork receives the full measure of sentencing that can be imposed. His age is of no consequence. In fact, it’s unfortunate that he is not younger only so that he could have longer to endure the consequences of his criminality. Having talked with many Involuntary Redistrubution of Assets (IRA) targets, it’s obvious that the negative impact of these actions will stay with them for the rest of their lives. An upcoming EoD column will adress this topic because easy as these cases are to dismiss with just “being about the money,” it’s a far greater violation than most people bother trying to understand. Nevertheless, Mr. Stork will hopefully have the same scarring experience as other IRA victims throughout his remaining years - and preferably from behind bars.
"Misleading unsworn or untested allegations maligning family members are the norm in forced guardianships.
This would require legislation to amend the mental health statutes to mandate a due process hearing when there are allegations maligning a family member, before a judge is permitted to render any decision, including the right to trial by jury on behalf of the family member(s)."
Robert L. Aldridge, Atty at law, testimony before Congress 2003
Saturday, July 12, 2008
An independent film producer in Hollywood is interested in filming a documentary on Guardianship/ Conservatorship abuse. He has contacts who will fund the project and is very enthusiastic in moving forward.
What we are talking about is having his film crew travel to homes of victims, interview them and their families; also any attorneys, legislatures, advocates of reform, etc. This is in the beginning, planning stages. If you are interested in being part of this project, or know someone who has a story that is worth telling, let us know.
Send your thoughts and ideas to firstname.lastname@example.org and email@example.com We're looking for a "celeb" to host the documentary. This is really BIG people. We've been trying to get a break like this for a very long time!! And we need your participation and input!
Also, for those in Texas, please remember that Americans for Prosperity is hosting a Defending the American Dream Texas Summit on July 18 and 19 in Austin. This year’s theme will highlight using the New Media to redefine citizens’ role in public policy as well as provide important policy information regarding issues facing all Texans. Estate of Denial will be there discussing “Threats to Freedom and Your Pocketbook.” Hope to see you there!
"If we can prevent the government from wasting the labors of the people, under the pretence of taking care of them, they must become happy."---Thomas Jefferson
"When the government fears the people there is liberty.When the people fear the government, there is tyranny." -- Thomas Jefferson
"But a Constitution of Government once changed from Freedom, can never be Restored. Liberty, once lost, is lost forever." --John Adams July 17, 1775
This is works in tandem with the Democrat's venal Fairness Doctrine that seeks to shut down the few outlets right of center voices have to express their views. No radio station owner is going to run content that no one ants to hear (see Air America for the abject failure of liberal talk radio. Owners will switch formats. Business in business to make money. hello. ) Liberal fascism.
Today House Republican Leader John Boehner issued a statement indicating that Democrats are seeking to quash the right of Members of Congress to have free speech. According to the statement, the Democrats are looking at restricting Member content on websites outside the house.gov domain. Congressman Culberson is quickly becoming a "real time representative" by posting on Twitter.com, where he sends regular updates from the House floor and the halls of Congress, and on Qik.com, where he films and posts video updates on the Internet. This new technology allows him to bypass the mainstream media and shine sunlight into the darkest corners of Congress. If the Democrats strong-arm this rule, he would no longer be able to use these websites and our fundamental right to free speech will be taken away.
The following is Mr. Boehner's statement:
I’m writing to alert you to an attack on free speech that is making its way through Congress. This attack, which should concern activists of all political affiliations across the ideological spectrum, comes in the form of a new congressional rule that would prohibit Americans from viewing content published by Members of Congress on websites that are not “approved” by the Committee on House Administration, the panel that creates rules governing the internal operations of the U.S. House.
Millions of Americans today utilize free, unregulated and uncensored websites like YouTube on a daily basis to not only obtain information from their elected leaders about what’s going on in their government, but to also give feedback and easily share that information with others. The advent of new media technology has empowered American citizens with real-time information about the policy debates and actions being undertaken by Congress. This has increasingly forced Congress to become more transparent and made it easier for American citizens to hold their elected leaders accountable.
The Committee on House Administration is considering a new rule that could bring this trend to a screeching halt. The Committee is considering the adoption of new rules that would require outside websites such as YouTube to comply with House regulations before Members of Congress could post videos on them. Under the proposal, the House Administration Committee would develop a list of “approved” websites, and Members of Congress could post content only such websites.
If the proposed rule is adopted, the free flow of information over the Internet between Americans and their representatives will be significantly curtailed. Americans who currently use free websites like YouTube to obtain uncensored daily information about congressional policy debates will instead be forced to go to websites “approved” by the House Administration Committee in order to continue getting such information. This would amount to new government censorship of the Internet, by a panel of federal officials that is neither neutral nor independent.
House Republicans, led by Reps. Vern Ehlers (R-MI), Kevin McCarthy (R-CA), and Tom Price (R-GA), have expressed their opposition to this attack on Internet freedom and proposed an alternative solution that would allow Members of Congress to continue posting content at sites of their choosing. I will continue to keep you updated as this situation unfolds.
The automated letter writer that is used by the U.S. Chamber of Commerce , it composes your letters in a professional format, addresses your letter, and then you write the body of the letter and it then fills in your return address, pertinent information, and then gives you the choice to print a hard copy or email to recipient.
Shannon P. DuffyThe Legal Intelligencer
Bloggers cannot be hit with libel suits on the basis of anonymous postings on their Web sites because federal law grants them immunity by explicitly stating that they cannot be treated as the "publisher" of such comments, a federal judge has ruled.
“master minded much of Hamas’ political and military strategy” and in London “is alleged to have directed funds, both for Hamas’ armed wing, and for spreading its missionary dawah”.
In their revelation of the impending lawsuit against them leveled by Mohammed Sawalha, they write:
Mr Sawalha claims that we have “chosen a malevolent interpretation of a meaningless word”. In fact, we did no more than translate a phrase which appeared in an Al Jazeera report of Mr Sawalha’s speech. When Al Jazeera changed that phrase from “Evil Jew” to “Jewish Lobby”, we reported that fact, along with the statement that it had been a typographical error.
…Mr Sawalha says that the attribution of the phrase “Evil Jew” to him implies that he is “anti-semitic and hateful”. Notably, he does not take issue with our reporting of the revelation, made in a Panorama documentary in 2006, that he is a senior activist in the clerical fascist terrorist organisation, Hamas.
It looks like Harry’s Place is going up against some pretty top-notch lawyers on this one, and they’ve got guts, but as the post goes on to say:
If Mr Sawalha persists in attempting to silence us with this desperate legal suit, we will need your help.
We won’t be able to stand up to them alone.
This is why we’ve started this blogburst, to get the word out that we won’t let members of Hamas or any radical terrorist group censor us or any of our fellow bloggers.
If you’d like to add your site to the blogroll, simply email us at firstname.lastname@example.org, and include your site’s URL.
Then copy and paste this entry into one of your posts. Future posts will be emailed to you. Thanks, and don’t forget to head over to Harry’s Place to show your support of their freedom of speech!
"Liberty, If it means anything , it is the right to tell people what they don't want to hear"
For almost two years, Metro police have had the option of calling for a needle loaded with a strong sedative to control the most unruly people they encounter on the street.
Friday, July 11, 2008
Where the Looters and the Poachers Stalk Prey: Guarding Your Estate in the 21st Century by Lou Ann Anderson
www.EstateofDenial.com“The ‘Greatest Generation’ is the greatest generation to exploit.” This quote by Chayo Reyes, a retired LAPD Specialist in Elder Fraud, from a new DVD entitled Saving Our Parents appropriately depicts increasing yet often unreported activities targeting today’s elderly and their families. The assets of older Americans are being looted via actions in which probate instruments such as powers of attorney, wills, trusts or guardianships are used to gain control of property. These actions evolve into an Involuntary Redistribution of Assets (IRA) as ultimate financial resource distribution becomes contrary to the asset owner’s intentions.
Family members are sometimes IRA perpetrators, but non-family individuals can come into an older person’s life with equally damaging results. It can be a pre-meditated effort or an “opportunity knocks” act. And don’t ever think the elderly don’t exploit each other! A senior woman with no money, an inflated sense of entitlement and a life expectancy of another 10+ years can easily become a financial predator. The exploited elderly person may not understand (or live to see) the actual IRA action instead leaving honest, responsible people in the target’s life to deal with the aftermath and even become secondary targets – especially if they are heirs/beneficiaries for whom assets are rightfully designated and/or are obstacles to an IRA practitioner’s ultimate success. Expensive, prolonged legal entanglements as well as intimidation and harassment are common tools used to pressure heirs/beneficiaries to cede rights of inheritance if outright looting is not easily accomplishable.
Because the pool of those willing to exploit the elderly is endless, it is important to be aware of places and venues where today’s predators search for potential victims. The list might be surprising, but remember: the guise of community respectability, professional credibility, even enhanced morality or religiosity can be important entry points into the life of a predator’s next mark. With that, here is our list of where the looters and the poachers stalk prey:
*Government-sponsored lectures (especially through departments/agencies specializing in eldercare, aging)
*Civic groups (Kiwanis, Rotary, etc.)
*Retirement communities, homeowners’ associations
*Support groups (church-sponsored and otherwise)
*Medical facilities, nursing homes, assisted living facilities
*Estate planning seminars, sales presentations (beware “free food” ploys)
*Consultations with “professionals” (lawyers, caregivers, accountants, social workers, etc.)
*Any places that cater to an older clientele (gyms, dance clubs, libraries, restaurants, etc.)
Anecdotal evidence tells of probate judges attending meetings at senior centers and other community venues ostensibly providing seniors with “prepare now for future needs” information. A forum apparently frequented by individuals with Connecticut probate experience depicts a system in which public officials troll for prospective cases to meet the challenge of operating in a state with numerous probate courts constantly vying for justification of their court’s existence. And though Connecticut residents may experience more visible aggression in these pursuits, similar reports are heard across the country.
Meetings sponsored by anyone - government agencies, churches, civic groups, support groups, whoever – can be beneficial for those looking to poach property of the unsuspecting. An IRA practitioner might be the featured speaker or he/she might be in the audience looking to “befriend” unsuspecting marks. Gatherings put on by seemingly respectable organizations can be viewed as safe havens fostering greater trust and openness to those with whom personal contact is made – a point well known to poachers-on-the-prowl. Support groups can be especially rich in potential targets as the group’s commonality (grief, caregivers, divorce, etc.) may increase their emotionalism and vulnerability – another point not lost on IRA stalkers.
A 2005 Los Angeles Times series entitled Guardians for Profit said “Conservators find clients by sponsoring breakfasts at senior centers and networking at legal luncheons. Nursing homes call when residents become too addled to pay the rent, wanting a conservator to write checks for them. Hospitals call when patients have outlasted their insurance, hoping that a conservator will move them somewhere else.” Conservators, also known as guardians, use probate procedures to gain control over an individual’s personal liberty and property. Though the Times articles focus on California, these cases are not uncommon elsewhere.
Stories regarding Involuntary Redistribution of Assets (IRA) cases within Florida’s probate system were detailed by the St. Petersburg Times in a 1994 Pulitzer prize-winning series called Final Indignities. And though published nearly 15 years ago, the same stories are heard today – from Florida and most every other state.
IRA predators are a fact of today’s life. Due to the wealth transfer getting ready to occur in the next 20 or so years, Involuntary Redistribution of Assets actions will likely skyrocket. People think proper estate planning will protect them – wrong! People think they don’t have enough assets to be a target – wrong!! There is no inoculation from the threat of IRA. There is no avoidance of being a potential target. This information is not offered as a broad-based indictment of all organizations and entities, but awareness should exist on the part of those hosting and attending community events. Knowledge of today’s predatory landscape and recognition of the places haunted by asset looters and property poachers will provide an upper hand. And as forewarned is forearmed - stay alert!
Lou Ann Anderson is producer of The Lynn Woolley Show, a Texas-based talk radio program. She also is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. Lou Ann may be contacted at info@EstateofDenial.com.
Thursday, July 10, 2008
Longtime attorney pleads guilty to estate thefts Terry Stork faces up to life in prisonTony Plohetski (email@example.com) June 28, 2008Austin American-Statesman http://www.statesman.com/news/content/news/stories/local/06/28/0628stork.htmlA longtime Austin attorney pleaded guilty Friday to stealing from the estates of three elderly women that he was in charge of overseeing after their deaths.
Terry Erwin Stork, 69, will be sentenced Aug. 13 on three felony theft charges. He faces up to life in prison on two of the charges and up to 20 years behind bars on the third.
He surrendered his law license to the State Bar of Texas last year.
Stork’s attorney, Joe James Sawyer, could not be reached for comment Friday afternoon.
Travis County Assistant District Attorney Patty Robertson declined to comment until the case is completed.
According to arrest affidavits and lawsuits filed in Austin courts, Stork systematically mismanaged or stole from the three estates worth more than $800,000 over two decades. Each time, an elderly woman with no living children had chosen him to divide her belongings among organizations and loved ones.
The records said Stork lived in the home of a deceased client from 1987 to 2002 and deposited money from the sale of the home into his own bank account.
In another case, according to records, he let the home of a client sit empty, drove the woman’s Buick LeSabre to disrepair and used her money to add to his rare china collection.
He was also accused of failing to pass along inheritances to people and organizations that were supposed to get them.
The American-Statesman reported on allegations against Stork in a December 2006 story about estate theft and how Texas probate laws often cannot guarantee that people’s belongings reach their family members or friends after they die.
Thanks to Tom Fields for sending us information about the disbarment of Judge Jeffrey Hoskins by the Supreme Court of Ohio. See link.
While The Columbus Dispatch’s article only details Hoskins’ illicit activities with regard to David K. Bliss, a man described as a “veteran grifter,” Estate of Denial finds the Supreme Court’s Opinion Summary of interest as it reads in part:
“…With regard to the offenses alleged during his years in private practice, the Court adopted the board’s findings that Hoskins engaged in a pattern of misconduct involving fraud, deceit, dishonesty or misrepresentation and committed other ethical offenses by repeatedly making improper and unauthorized withdrawals of money for his own use from the estates of several relatives over whose assets he exercised fiduciary control as executor or administrator. The board also found that Hoskins failed to timely disburse estate assets to the rightful beneficiaries, failed to keep required records accounting for his withdrawals and disbursements from the estates, charged excessive legal fees, and filed incomplete, inaccurate and misleading reports with the probate court that concealed his improper diversion of funds from the estates to his own use…”
With this characterization, Mr. Hoskins becomes another Involuntary Redistribution of Assets (IRA) practitioner, another grave robber. It’s interesting that our last three EoD updates have involved documentable misconduct or questionable acts on the part of lawyers and/or judges. Anyone see a pattern?
Estate of Denial has long advocated that any probate reform must include strengthening consequences for judicial and attorney misconduct. In fact, we support the potential for criminal prosecutions. The corrupt culture surrounding our probate systems are as problematic as some specific laws (or lack of). This area is critical and must be a component of any effective reform efforts.
Dealings between judge, con end in disbarment
Sunday, July 6, 2008
Back in 1993/94 when I was working with a group of congenitally blind men and women who were part of my dissertation research group, I came to know a wonderfully intelligent woman who had been born blind and used a guide dog as her vehicle for independence in a sighted world. She loved to travel to Hawaii to go surfing, but was saddened that Hawaii's strict quarantine laws prevented her from bringing her guide dog to Oahu. Before long, however, a group representing the blind sued Hawaii under the Americans with Disabilities Act of 1990 and forced the State to permit visually-disabled persons to travel to Hawaii with their guide dogs.
And so I am wondering if there might be a way to use the ADA to force States to stop imposing draconian conservatorships and guardianships over persons who are alleged by petitioners to be disabled and then determined to be disabled by the Court (see the ADA's definition of "disabled" below in section (2)). Could this be a way to stop the madness? Could application of the Americans with Disabilities Act permit Federal oversight that would protect the civil due process rights and Constitutional rights of the senior men and women whose lives are being destroyed by these proceedings--this court-sanctioned elder abuse?
In researching the ADA of 1990, I find that:
(1) The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public
accommodations, employment, transportation, State and local government services, and telecommunications.
(2) A person is considered "disabled" if he/she has a physical or mental impairment substantially limiting a major life activity; or he/she has a record of disability; or he/she is regarded as having a disability. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
Let me give an example of the work being done in one State-Kansas-to work on Disability Concerns:
The Kansas Commission on Disability Concerns (KCDC) is an office within the Kansas Department of Human Resources. As established by statute, KCDC is empowered to:
**Carry on a continuing program to promote a higher quality of life for people with disabilities.
**Cooperate with all public and private agencies interested in the rehabilitation and employment of people with disabilities.
**Encourage the organization of community-based programs and work closely with such programs in promoting independence of people with disabilities.
**Assist in developing societal acceptance of people with disabilities.
**Inform individuals with disabilities of specific facilities available for increasing their independence.
When a conservatorship or guardianship is imposed upon a given individual, that man or woman loses almost every right an adult possesses and is, in effect, reduced to the legal status of an unemancipated child. Why can we not figure out a way to use the Americans with Disabilities Act to make this impossible? If a man or woman is determined to be "incapacitated" or "incompetent" in a court of law, is this not an adjudication of a disability, that "he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment"? What else could the ruling be but a statement of disability? Then why can we not try to use the ADA of 1990 to eliminate conservatorships and guardianships entirely and focus on promoting independence for these people with identified disabilities?
Is this not possible? You all know I am a Clinical Psychologist rather than an attorney, but this has been niggling away at me for a long long time. I am of the belief that what is being done now-below the public's radar-to successfully aging men and women in our State conservatorship/guardianship courts is criminal.
I look forward to a vigorous discussion of the possibility that simply ruling a person to be disabled in court this way might somehow invoke the civil and constitutional protections mandated in our country's Americans with Disabilities Act.
Diane G. Armstrong, Ph.D.
Saturday, July 5, 2008
by Estate of Denial.Com
Our thoughts and prayers go out to the Manire family upon the death of J.P. Manire. It is notable that one attorney/guardian showed the family a degree of consideration during J.P.’s last days. This is no way, however, excuses Denton County, Texas, officials and their appointees’ intrusion into the lives of J.P. and Doris Manire - an intrusion that led to the Manires’ loss of basic liberty and all their property rights. Despite J.P.’s death, the harm caused will continue as J.P.’s children and grandchildren live with the consequences of this Involuntary Redistribution of Assets (IRA) act while a host of attorneys and other “guardians” enjoy the benefit of financial assets hijacked from the heirs of J.P. and Doris Manire. As unresolved matters exist with this case, our coverage will also continue.
We recently had the opportunity to visit Independence Hall in Philadelphia. This building was a key meeting place for our Founding Fathers as they worked to establish a governmental system palatable to all involved. This is where both the Declaration of Independence and the Constitution were signed. Being in a room full of so much history and recognizing the harsh conditions under which courageous men came together to express their convictions and to stand against a tyrannical government was a moving experience.
As we follow the growing number of IRA cases which violate the liberty and property rights of honest Americans, one has to recognize that self-serving government and its circle of allies (in many cases, attorneys or other “friends of the court”) are active today as they were in 1776 using positions of influence to enrich themselves by feeding upon the efforts of others. Perhaps it’s time that those of us with IRA experiences prepare our own updated version of the Declaration of Independence. Although the Declaration is dated July 4, 1776, it actually wasn’t signed until August 2 (http://www.archives.gov/press/press-releases/2005/nr05-83.html?template=print). Maybe this August 2, we’ll make available a new document for distribution to the asset looters, property poachers and those who aid and abet their efforts.
Friday, July 4, 2008
by Stephen Baskerville
Using instruments of public criminal justice to punish private hurts turns the family into government-occupied territory.
Today, it is becoming equally commonplace that this spirit of liberty is leaving Americans, that we are becoming “a nation of sheep,” as Judge Andrew Napolitano puts it in a new book, who acquiesce in the progressive abrogation of our Constitution and liberty.
The moment either spouse files for divorce, even if the other is legally unimpeachable, the government takes control of the children, who become effectively wards of the state. Unauthorized contact by a parent becomes a crime, and the excluded parent can be arrested and incarcerated without trial through a variety of other means that by-pass constitutional due process protections: domestic violence accusations, child abuse accusations, inability to pay “child support,” even inability to pay attorneys’ fees.
Legal jargon and clichés like “divorce,” “custody battle,” and “child support” have led Americans to acquiesce in this massive intrusion of state power over their freedom. We don’t say that the government arbitrarily took away someone’s children; we say he “lost custody.” We don’t say a legally innocent citizen was interrogated by government agents over how he lives his private life; we say there was a “custody battle.” We don’t say a citizen was incarcerated without trial or charge for debt he could not possibly pay and did nothing to incur; we say he “didn’t pay his child support.” These clichés and jargon inure us to tyranny.
Using instruments of public criminal justice to punish private hurts turns the family into government-occupied territory. The children experience family life not as a place of love, cooperation, compromise, trust, and forgiveness. Instead they receive a firsthand lesson in tyranny...
Something similar may be seen today in the children of the divorce regime. No people can remain free who harbor within themselves a system of dictatorship or raise their children according to its principles.
Please Read the entire article by Stephen Bakerville firstname.lastname@example.org here=>>
posted by Erik @ 10:12
The question above is one we would normally associate with a liberal column (or hysterics) and dismiss with a sigh or a smirk. It is therefore with profound sadness that I confess that the title is mine, with no irony intended.
Indeed, if I were not of the optimistic type, I would have titled this post Has America (Already) Turned Into a Fascist State? Like many conservatives, I assume, I have been more of the optimistic type, thinking that conservatives lovers of liberty were winning the battle of ideas against the liberals statists, or at least doing a pretty good job of holding their own.
It is therefore highly distressing to discover a book that not only says that conservatives are losing — scratch that; that Americans and lovers of liberty are losing the war but that they have hardly been aware of the main battle in the first place, which has swept by under their (under our) noses.
In that respect, I call upon Stephen Baskerville's Taken Into Custody (The War Against Fathers, Marriage, and the Family) which I have been reading for the past couple of weeks, during which time I have been feeling ever more down, pessimistic, depressed, all the while trying not to "tremble for my nation". Just read what Baskerville reports from the trenches (emphasis in bold mine):
Fathers trying to see their children following unproven accusations is described as "further violence" and the "threat of kidnapping"; simply responding to court proceedings is described as "violence."
This is not violence; it is fathers trying to recover their children through the same legal process by which their children were removed and which, in most cases, they themselves did not initiate.…What we confront here is a bureaucratic machine of a kind that has never before been seen in the United States or the other English-speaking democracies. … The implications reach far beyond fathers and even beyond the family itself, for forcibly severing the intimate bond between parents and their children threatens the liberties of all of us. "The right to one's own children … is perhaps the most basic individual right," writes Susan Shell, "so basic we hardly think of it."
By establishing a private sphere of life from which the state is excluded, family bonds also serve as the foundation of a free society. "No known society treats the question of who may properly call a child his or her own as simply … a matter to be decided entirely politically as one might distribute land or wealth," Shell continues.
But it is important to understand that "custody" is not the right to parent one's children; it is the power to prevent someone else from parenting his children and to marshal the penal apparatus — courts, police, and jails — to ensure he stays away from them. [Similarly, it would be more correct to speak of plundered pops than deadbeat dads.
…In the jargon of family law, faithfully parroted by the media and academia, this father has "lost custody," a simple and harmless enough sounding formulation of events, so common as to be mundane. But this jargon disguises far-reaching implications. In plain English, this father's unauthorized association with his own children is now a crime.
…the media will go to any lengths to avoid admitting that we are in a massive epidemic of government-sponsored child stealing
…The growth of this machinery has been accompanied by a huge propaganda campaign that has served to justify punitive measures against citizens who are not convicted of any crime.
… "The overwhelming majority of so-called 'dead-beat dads' are just judicially created," says [an] attorney. "Why all this talk about so-called 'deadbeat dads'? Because there is a lot of money to be made through that myth."
What is taking place here should be made very clear: Citizens who are completely innocent of any legal wrongdoing and simply minding their own business — not seeking any litigation and neither convicted nor accused of any legal infraction, criminal or civil — are ordered into court and told to write checks to officials of the court or they will be summarily arrested and jailed. Judges also order citizens to sell their houses and other property and turn proceeds over to lawyers and other cronies they never hired.
Summoning legally unimpeachable citizens to court and forcing them to empty their bank accounts to people they have neither hired for services they have requested nor received on threat of physical punishment is what most people would call a protection racket. Were any other public officials to use their position of public trust to coerce money out of private citizens, they would likely face indictment. Yet family court judges do this as a matter of routine. This is by far the clearest example I have ever encountered in my professional research of what we political scientists term a "kleptocracy," or government by thieves.
…The regime of involuntary divorce, forcible removal of children, coerced child support, and knowingly false accusations is now warping our entire legal system, undermining and overturning principles of common law that have protected individual rights for centuries. The presumption of innocence has been inverted.
Far from simple violations of particular constitutional clauses, these practices and powers are undermining constitutional government in its most fundamental principles. The power to take children from their parents for no reason is arbitrary government at its most intrusive, since it invades and obliterates all of private life. Yet we have created a governmental machinery that exists for no other purpose.
Men who are truly intent on abandoning their progeny have little difficulty in disappearing; it is fathers who want to see their children who allow themselves to be snared. This may reveal the cruelest and most cynical side of the child-support machine: its willingness to use a father's love for his children to plunder and destroy him.…
…Do these questions matter? Yes, they do matter, because in these questions lies the difference between a father who is pursued because he has abandoned his children and a father who is pursued because he refuses to abandon his children. Courts exist to dispense justice against those who violate the law or agreements. When they abandon this role to become a "social service delivery system" it is much more likely that the justice and penal systems will be perverted to persecute the innocent.
Thursday, July 3, 2008
NOTE: Jay Grodner pled guilty. An important update is posted here.
This ought to make your blood boil. And this Marine should receive a commendation for not kicking the living crap out of the guy...seriously.
Elder Abuse Salutes the men and women in uniform because without their sacrifices we would not enjoy our most valuable possession , the freedom to speak freely and to expose corruption and speak out against injustices, whenever and wherever we see them.
Elder Abuse Salutes the Men and Women at BlackFive.Net