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Elder Law: Florida Legislature Reins in Guardians


Elder Law: Florida Legislature Reins in Guardians.

You Gotta Believe! But What’s the Legal Standard for Putative Spouses?


You Gotta Believe! But What’s the Legal Standard for Putative Spouses?.

Missouri Senate Backs Expansion of Elder Abuse Law


Amazing! Missouri has very little compassion, in general, from what I have seen at least for its’ senior population.

CBS St. Louis

JEFFERSON CITY, Mo. (AP) — The Missouri Senate has endorsed a bill expanding the state’s elder abuse law to protect older citizens from financial exploitation.

The chamber gave the measure first-round approval Tuesday.

The bill makes it a crime for those with authority over an elderly person to take advantage of that person’s state of mind for financial gain. The provision would apply to people who have guardianship, power of attorney or some other financial management role for seniors.

If someone steals money from an elderly person that had been intended to cover nursing home expenses, a judge could order that the money be paid to the home.

Sponsoring Sen. Kevin Engler, a Republican from Farmington, says that some senior citizens need more protection because of their age and health.

Elder abuse bill is SB689
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(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be…

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Human trafficking: It ain’t just for sex anymore : Marti Oakley


Marti Oakley (c)copyright 2011 All Rights Reserved

“Again, once this “guardianship” has been sanctioned by the cooperating probate judge, the victim loses all rights of any kind whatsoever and is for all intents and purposes “dead in the law”. The guardian/conservator now legally owns the victim and can avail themselves of all of the victim’s assets of any kind. ”

When we think of human trafficking most of us immediately assume that this occurs only in the arena of sexual exploitation. At some point in time this may have been true. Today, human trafficking encompasses many forms and there is not one of us who can safely assume that we would somehow be exempt from any type of human trafficking.

While the sexual exploitation and trafficking for the purposes of sex is often highlighted in MSM, rarely do they ever report on the trafficking that occurs courtesy of our courts, unscrupulous politicians and yes, even those demi-gods….doctors, therapists and psychiatrists. There is money to be made exploiting the vulnerable, the sick, the weak, the aging (with assets) and even children who have been unfortunate enough to become wards of the state and forced into foster care. While sexual activity may not be the cause and concern in these instances, what happens to these individuals is no less a form of human trafficking for profit.

In each of the above stated groups, the trafficking of human beings for profit is facilitated by social service agencies, corrupt probate courts, and family courts. To be declared a “ward of the state”, is to be housed by, and to receive necessities and protection of the government. It also means to lose any and all rights of any kind, whatsoever. The “state” now owns what has become a chattel property and may do with that property whatever it desires to do. This oftentimes includes a form of leasing out the ward for pharmaceutical experimentation and profit, as was exposed in Florida and Alaska, just to name two, over the last several years resulting in the exposure of massive Medicaid fraud as foster children are routinely forced to take off-label high gear psychotropic drugs and vaccines. In a May, 2009 article, :author Evelyn Pringle notes:

“It is hard to come up with an adjective that adequately conveys the horror this is inflicting on America’s children and youth. Suffice it to say that when the country wakes up to the carnage this has caused, it will be recognized as the largest iatrogenic (doctor caused) public health disaster in history.”

These days, it seems more evident that the concern for children is not so much their safety and well-being, but rather; How much are they worth in the foster care system? As with our public school systems, big pharma is more than willing to pay for every child added to the forced drugging programs.

    Trafficking of the elderly (with assets)

The human trafficking of the elderly (with assets) has become a national epidemic and disgrace. Probate courts routinely work with predatory professional guardians, payrolling attorneys, owners of notoriously abusive care facilities and social agencies to target and then obtain guardianship/conservatorship of the elderly whose only crime was to age with assets. These predatory professional guardians, strangers to the victim and their families, make their living robbing the estates of their victims.

Again, once this “guardianship” has been sanctioned by the cooperating probate judge, the victim loses all rights of any kind whatsoever and is for all intents and purposes “dead in the law”. The guardian/conservator now legally owns the victim and can avail themselves of all of the victim’s assets of any kind. These predators can and do instruct doctors to begin the administering of psychotropic medications not approved for use on the elderly, and many of the doctors who are also tapping the estate for inflated billing charges, comply with these requests.

Once legally kidnapped with the help of the cooperating probate judge and the local police department who conduct the kidnapping as a swat team raid, the victim is quickly housed in a participating facility and started on a drug regime that is seldom called for.

The drugs are especially useful when administered just prior to what is laughingly called a “competency hearing”.

The profits from human trafficking of the aging (with assets) was documented in the 2007 GAO report with estimates well over a billion in stolen assets obtained by professional predatory guardians/conservators and some family members across 48 states, although the GAO focused on only 20 cases:

“The GAO focused on cases in which a family member, agency, or private business was appointed as a guardian. In 20 cases, guardians appointed and approved by courts stole $5.4 million in assets from 158 incapacitated adults. ”

The recent Committee on Aging hearing very carefully orchestrated and scripted the public hearing to make it appear that the abuse is most always at the hands of family and friends. In truth, the largest percentage of cases of exploitation are committed by professional strangers who have a well established system in place with the same predators routinely involved in these deadly guardianships as is exemplified when examining the cases in a specific geographical area. The same judges, the same predatory professional guardians, the same payrolling attorneys and the same doctors and participating facilities, all involved in one predatory case after another. The staged committee hearing barely touched on this aspect of exploitation of the elderly, if at all.

What are you worth as a prisoner?

When John Ashcroft, the former Attorney General for the US under GW Bush, handed down sentencing guidelines to the states, not one state refused those guidelines even though Ashcroft was not lawfully empowered to make such demands. The result has been a explosion in the number of individuals held in federal and state prisons, many for what should have been short term sentences for minor crimes. This allowed Merrill Lynch to begin selling prisoner bonds, globally. And ML isn’t the only company engaged in the profitable human trafficking trade of selling human beings on the open market.

The sentencing guidelines were needed to confirm that prisoner X would be available for exploitation and forced labor for a guaranteed length of time. The whole system is run by

C.J.T.S. a corporation dedicated to the tracking and coding of prisoners and provides the software to do it. Using this system and one called CUSIP:

From Owners of the American Prison System

“a nine digit number (called Ordnance Number) is issued for the Certificate of Stocks going internationally to ANNA (Lynn’s note: see link for ANNA which is in Brussels, Belgium at http://www.cusip.com ). These Securities are sold through the Commodity and Security Exchange. The bottom line is they are selling stocks in the prison system. The jails are referred to as Warehouses and the prisoners are called Goods”

“From the moment a person is arrested for any reason, the prisoner cash register starts ringing. This can be for something as simple as a traffic ticket. The law enforcement department making the arrest assigns a pre-defined code to the charges being made. This code has a monetary value and the money starts rolling from this point on all the way through the system. Publicly traded prisoner stocks, took a tumble in 2008, but look as if they will rebound as the Obama Administration along with Senators McCain and Lieberman, and others such as Graham and Shumer devise plans to increase ever greater numbers of US citizens under the false flag of national security.”

Prisoners can also be subjected to forced drugging, pharmaceutical experimentation or exposure to pathogens among many other things.

Are you safe?

Never think for a moment that you are safe from the predator class. If anyone sees the opportunity to make a buck off you, your kids, your parents or anyone for that matter, you can quickly find yourself totally disenfranchised, without rights, without defense and without any means of extricating yourself from the system.

Human trafficking has evolved. We are now all considered commodities to be sold, traded, and used on the global market and as the global demand for organ transplants increases any one of us could be worth more dead than alive. We have been totally devalued as human beings and rendered as commodities. Our own government refers to us as “human capital, or as human expenditures” as if we were used cars sitting on a government sale lot.

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Arizona and exploitation of vulnerable adults in probate courts

    What is a “ward” ?

a. Law A minor or incompetent person placed under the care or protection of a guardian or court.b. A person under the protection or care of another.7. The state of being under guard; custody.8. The act of guarding or protecting; guardianship.

chat·tel

n.

1. Law An article of movable personal property.

2. A slave.

Massive Medicaid Fraud Exposed in Psychiatric Drugging of Kids in US
Legally kidnapped: PBS reports Forced drugging of foster care kids

Prisoners of the system: Corporate organized crime runs the system of human trafficking for profit slave labor in Georgia.

Elder Abuse Checklist


 

Use Recommendations

from Wikipedia

Possible Indicators of Incapacity, Undue Influence and Elder Abuse :

  • Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client’s bounty
  • Gifts to anyone that are so large, given the size and nature of the client’s estate, as to threaten the client’s economic security
  • Loans, particularly if undocumented, to anyone; special scrutiny required if to non‑family members
  • Actions by client’s fiduciary (attorney-in-fact, trustee, other) that reflect poor judgment or conflict of interest
  • Existence of estate-planning documents naming non‑family members as fiduciaries or beneficiaries
  • Existence of joint accounts with non‑family members
  • Evidence that client signs checks prepared by others
  • Bequest plans or other arrangements favoring one child, particularly if a caregiver
  • Evidence of physical harm (bruises, cuts, etc.)
  • Evidence of excessive dependence on a child or other person, particularly if such other person is critical to the client’s independence and/or ability to avoid a nursing home
  • Material inconsistency between client’s understanding of estate and its true value
  • Excessive fees charged by professionals (trustees, attorneys, financial advisors, stockbrokers, other)
  • Unconscionable terms of loans or other financial arrangements.

Courses of Action When Elder Abuse Identified :

  1. Require accountings from prior fiduciaries. Court procedures are available to compel such accountings.
  2. Institute conservatorship/guardianship procedures to formalize authority in a third party who will be accountable to the courts.
  3. Contact Adult Protective Services (or its equivalent) in the client’s community. [Caveat: Doing so may constitute a breach of confidentiality.]
  4. Revoke or amend estate-planning documents that do not comport with client’s wishes.
  5. Commence civil action against person(s) who take financial advantage of client. Such actions may include elder abuse (in jurisdictions so providing), fraud, negligence,

    misrepresentation, theft and breach of contract.

  6. Commence civil action against person(s) who physically abused the client. Such actions may include elder abuse, assault, battery, wrongful death and violation of Patient Bill of Rights (if events occurred in a nursing home).
  7. Remove assets from accounts held jointly with suspected abuser.
  8. Involve the police and raise possible criminal charges against abuser.
  9. Draft documents (durable power of attorney, trust, other) to effect true, independent wishes of client.
  10. Involve social worker, counselor, psychologist or professional geriatric care manager.
  11. Involve professional, bonded fiduciary to manage assets for client.
Reposted from: http://financialelderabuse.wordpress.com/
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