Bringing down the family caregiver with wrongful charges of criminal theft / “harassment”

THIS IS THE SERIES OF EVENTS IN SUMMARY CALENDAR: (copy and paste into your browser)

https://www.dropbox.com/s/63e5qo1j3c5s990/Trial_1397_timeline_30-desktop.m4v?dl=0

Timeline of court injustices and quality of caregiving. Pause button is in lower left corner. Slideshow online.

(Names changed to protect the innocent from an increasingly difficult-to-parse or -negotiate with (Un)Justice System.)

Ms. Smith, family caregiver was charged with “physical” abuse (dismissed 9 months later, after pillage by probate courts) and financial abuse. Felony. Amount supposedly embezzled was sited at $100,000 to $1,000,000 . .. . . an impossible figure. Based on imagination of the “conservator”, the idea must have been to get the family caregiver out of the way. The only classification of a lawyer to help might be under “CIVIL RIGHTS”. Family members are often shunted aside as “troublemakers” – not allowed to participate in care and treatment plans, decision-making, and are even deprived of medical information.  Push too hard and your loved one will be isolated in retaliation and you will either not be allowed to visit, or will have to pay for guard services during limited supervised visitation.

The “felony financial abuse” was not being headed off by Ms. Smith’s fine lawyer, despite expense and hope. He said he would be glad to see the courts demand that she write out a check of restitution for $100,000, to cover “financial abuse” of her elderly parents. As sole heir, it would be a check to herself. Mr. “Smith” was imprisoned in a mostly okay assisted living unit. Of course the estate was meanwhile being chiseled away at by the “conservator”, “guardian”, and 2 Guardians ad Litem, appointed by the probate court. As of 05/07/2014 “Disposition of real estate hearing”, as they are still insisting on selling home. The funds are not needed for “respondent”, Mr. “Smith”. (As of September, 2014, $70,000 in fees recorded with fees skyrocketing from $300/hr to $1600/hr, unauthorized.)

On the down side, a restraining order was put in place between Daughter and Father. This caused the Father to wander, and the response by “professionals” was to lock him down in the Alzheimer’s unit.

http://www.dvmen.org/dv-7.htm

Push too hard and your loved one will be isolated in retaliation and you will either not be allowed to visit, or will have to pay for guard services during limited supervised visitation.\7/ INSTEAD OF PROTECTING THE PUBLIC INTEREST, GUARDIANSHIP HAS INDEED BECOME A BURDEN TO THE YET UNWARY TAXPAYER: a truly ironic and oppressive consequence of a good law gone bad! Some fiduciaries have actually suggested that what they’re doing (while filling their own pockets) is “spending down” the assets specifically to qualify the ward for Medicaid! Wrong! The Medicaid “spend down” was designed to protect families; not to enrich fiduciaries. This is not what taxpayers expect their elected representatives to allow, especially when the public is demonstrating in a growing number of “tea parties” that it is fed up and disgusted with the economic problems facing them, due to financial deregulation and lack of oversight by our federal government over the years. The taxpaying public will not stand for Congress permitting the states to use guardianship to bleed wards’ assets out, put them on Medicaid and expect the taxpayers to pick up the tab. CONGRESS CANNOT CONTINUE TO CONDONE THIS TYPE OF MEDICAID FRAUD WITH RESULTANT BURDEN TO THE TAXPAYERS!

http://anopenlettertocongress.info/VI.%20%20THE%20NEED%20FOR%20FEDERAL%20INTERVENTION.pdf Wrongful denial of personal liberty violates the cherished principles that we have fought for throughout our nation’s history. The most fundamental rights and protections guaranteed by our Constitution are crushed by an overburdened, uncaring or corrupt state judiciary. With alarming regularity and inadequate “vetting,” probate and other guardianship courts routinely strip guardianship victims of their liberty, their property, and their families for the rest of their lives. Many guardianship proceedings are over in mere minutes, with either no transcript of the proceedings and/or grossly deficient clerical entries in case records. The worst violation of all is the lack of evidence of notice and service of notice in those docket sheets, which would easily render the proceedings void if the victims knew their rights – or if their attorneys were willing to go against the judges before whom they earn their living! Occasionally, there’s a ray of hope: In the case involving, then Public Guardian, Rita Hunter previously cited, an order making an individual into a ward of the state was voided because her daughter and/or other relatives were not notified of the court proceeding, thus depriving them of constitutional “opportunity.” Their lawyer advised them of their rights, and they pursued their remedy. Media attention on this case and attendant public outrage helped bring about a positive resolve. The “clear and convincing” evidentiary standard is the one generally required in guardianship proceedings. The problem is that many judges are simply not complying with

CONGRESS CANNOT CONTINUE TO CONDONE THIS TYPE OF MEDICAID FRAUD WITH RESULTANT BURDEN TO THE TAXPAYERS! http://anopenlettertocongress.info/VI.%20%20THE%20NEED%20FOR%20FEDERAL%20INTERVENTION.pdf Wrongful denial of personal liberty violates the cherished principles that we have fought for throughout our nation’s history. The most fundamental rights and protections guaranteed by our Constitution are crushed by an overburdened, uncaring or corrupt state judiciary. With alarming regularity and inadequate “vetting,” probate and other guardianship courts routinely strip guardianship victims of their liberty, their property, and their families for the rest of their lives. Many guardianship proceedings are over in mere minutes, with either no transcript of the proceedings and/or grossly deficient clerical entries in case records. The worst violation of all is the lack of evidence of notice and service of notice in those docket sheets, which would easily render the proceedings void if the victims knew their rights – or if their attorneys were willing to go against the judges before whom they earn their living! Occasionally, there’s a ray of hope: In the case involving, then Public Guardian, Rita Hunter previously cited, an order making an individual into a ward of the state was voided because her daughter and/or other relatives were not notified of the court proceeding, thus depriving them of constitutional “opportunity.” Their lawyer advised them of their rights, and they pursued their remedy. Media attention on this case and attendant public outrage helped bring about a positive resolve. The “clear and convincing” evidentiary standard is the one generally required in guardianship proceedings. The problem is that many judges are simply not complying with law. What can an unsuspecting victim or family member know if they’re not lawyers and their own lawyer fails to advise them properly by withholding informed consent, to protect themselves against judicial wrath? http://anopenlettertocongress.info/VII.%20%20AN%20IRONIC%20CONSEQUENCE%20OF%20MISUSE%20OF%20PROTECTIVE%20STATUTES.pdf 

 

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