Conservatorship strips 81-year-old widow of all possessions

Conservatorship strips 81-year-old widow of all possessions: Here in America, none of us expect to have our home, property or legal rights infringed upon without due process. But things work a little differently than you might expect in one court system.

Her attorney Michael Hoskins believes what happened to Tinnon wasn't legal, ethical or even American.

"She wasn't given an opportunity to defend herself. All of this happened without her having any knowledge of it," he said.

The trouble started for Ms. Tinnon when her grandsons thought someone was stealing from her. They asked the probate judge, Randy Kennedy, to put her in a guardianship.

The grandsons' attorney said Ms. Tinnon didn't have the ability to make rational decisions. The hearing lasted all of 10 minutes. No medical proof was offered. No doctors, not a single witness testified.

Ms. Tinnon didn't know about the court hearing until after the judge signed her rights...

Read more: http://www.wsmv.com/story/16106989/conservatorship-strips-81-year-old-widow-of-all-possessions#ixzz4AxNg4W45

Thousands of similar cases...happened then and continue to happen now...

elder abuse, guardianship, conservatorship, elder

Lawyers for Legal Ghosts: The Legality and Ethics of Representing Persons Subject to Guardianship

Lawyers for Legal Ghosts: The Legality and Ethics of Representing Persons Subject to Guardianship


Number of Pages in PDF File: 56  Complete document located below:

papers.ssrn.com/sol3/papers.cfm?abstract_id=2788912

Nina A. Kohn 

Syracuse University - College of Law

Catheryn Koss
University of Kansas - Gerontology Center
June 2, 2016

Washington Law Review, Vol. 91, No. 2, 2016
Abstract:      

A person subject to guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the guardianship has been wrongly imposed — as research suggests is not infrequently the case — the person subject to guardianship may rightly wish to mount a legal challenge. However, effectively doing so requires the assistance of an attorney, and persons subject to guardianship typically have not only been declared by a court to be incapable of directing their own affairs but have been stripped of the capacity to contract. As a result, those who wish to challenge the terms and conditions of their guardianship, or even merely to exercise unrelated retained rights, can be stymied because attorneys are unwilling to accept representation for fear that it is unlawful or unethical. Drawing on constitutional law, as well as the law of agency and contract, this Article shows why such representations are, contrary to the assumptions of many attorneys, not merely legally permissible but essential to protect fundamental constitutional rights. It then explores the professional rules governing attorney conduct in order to show how attorneys may ethically represent persons subject to guardianship. Finally, it proposes a modest change to the Model Rules of Professional Conduct to clarify attorneys’ duties in this context.

Keywords: Guardianship, Conservatorship, Legal Ethics, Due Process, Disability, Agency Law, Contract Law, Professional Responsibility, Elder Law

Falling from High Places-Janet Phelan

 Author: Janet Phelan

Falling from High Places

New Eastern Outlook 01.02.2016

Janet C. Phelan, investigative journalist and human rights defender that has traveled pretty extensively over the Asian region, an author of a tell-all book EXILE, exclusively for the online magazine “New Eastern Outlook”.
http://journal-neo.org/2016/02/01/falling-from-high-places/

http://journal-neo.org/2016/02/01/falling-from-high-places/

“What you have to understand, John, is that sometimes there are forces and events too big, too powerful, with so much at stake for other people or institutions, that you cannot do anything about them, no matter how evil or wrong they are and no matter how dedicated or sincere you are or how much evidence you have. This is simply one of the hard facts of life you have to face.” - Former CIA director  William Colby giving advice to his friend senator John DeCamp, urging to quit his investigations into the Franklin child abuse affair and to write a book about his experiences (The Franklin Coverup, 2nd edition, foreword). 

When Fox news producer Martin Burns inexplicably fell off a cliff in August of 2013, the shock waves through the legal reform community were palpable. Burns had been deeply involved in the production of a Fox 11 (Los Angeles) news series, Lost in the System,  exposing corruption in Los Angeles Family Court proceedings.

According to court watcher Malinda Sherwyn, who had been working closely with Burns on the research end of the series, “We were working on evidence concerning kids who had been molested and raped. We were sending to Burns court records, medical records concerning kids who had been attacked in their homes, and what Department of Child and Family Services and the courts then did with this evidence.”

Malinda Sherwyn does not believe that Martin Burns had a simple accident. According to Sherwyn, Fox dropped the series in panic and some of the evidence she was sending Burns never aired. However, multiple episodes did make it onto the news program prior to Burns’ death.

“I contacted Gina Silva (reporter on the Lost in the System series) and asked her if she were scared,” recalls Sherwyn. “Gina said yes, she was. I asked her if she thought that Martin fell off the cliff and she said, I just can’t believe it.”

Gina Silva did not respond to calls from this reporter.

According to the legend of Icarus, who constructed wings to flee airborne from Crete, his father Daedalus warned him of hubris—extreme pride and self-confidence—and warned him not to fly too close to the sun. Icarus ignored his father’s advice and plunged into the ocean. The Icarus legend is seen to have metaphorical implications for those who may get too close to sources of power.

COMPLETE ARTICLE:

http://journal-neo.org/2016/02/01/falling-from-high-places/

janet phelan, child and family services, adult protective services, child protective services, corruption, probate court, conservatorship, guardianship, 

http://journal-neo.org/2016/02/01/falling-from-high-places/

http://journal-neo.org/2016/02/01/falling-from-high-places/
http://journal-neo.org/2016/02/01/falling-from-high-places/

How the Goods Are Gotten When the Will Gets in the Way

How the Goods Are Gotten When the Will Gets in the Way

Involuntary Redistribution of Assets (IRA)

Involuntary Redistribution of Assets (IRA)

SAN DIEGO DA PROSECUTES ONE CASE AND IGNORES THE NEXT?

WHY DOES THE SAN DIEGO DA PROSECUTE ONE CASE AND NOT THE OTHER?

A twenty year old man entered the home of a 76 year old woman who left him in to use her telephone.  He attacked her, choked her and badly injured her.  He then abducted her in her car and further assaulted her.The police were called and the DA. Deputy DA Paul Greenwood prosecuted the 20 year old  for attempted murder, torture and kidnapping and faced charges of life in prison.  















Just months before...A man in his 80's (OUR DAD)was the victim of financial elder abuse by four individuals...his daughters discovered this and called the Sheriff and Adult Protective Services.  Instead of the assistance they asked for, he was placed in a conservatorship as a ward of the Public Guardian despite estate plans and irrevocable trust, POAs.   He was put into Merrill Gardens Assisted Living facility and told it was a temporary hotel while his house was being fixed up. The Public Guardian got him to sign a Petition saying he wanted to be a ward of the county with the Public Guardian as conservator. (It took at least four documented trips to his room before they got him to sign.)  

One night, he was found on the floor at 3:00 AM bloody, bruised, black eyes and what the caregiver described as bruises across his neck that look like someone tried to strangle him. Public Guardian knew about it and knew about the following 11 times in less than 9 months that he was found in the same condition.  The last time killed him. The Public Guardian  knew about the theft of over $300,000 and how he had been found repeatedly and taken to ER. 

Nothing was done about it...the daughters called the Sheriff...The DA did nothing

WHY DOES THE DA ACT ON THE FIRST CASE AND DO NOTHING ON THE SECOND CASE?  

BECAUSE THE SECOND VICTIM WAS A WARD OF THE SAN DIEGO PUBLIC GUARDIAN IN A CONSERVATORSHIP...   HE WAS A CASH COW...HANDS OFF...NO ONE QUESTIONS THE PUBLIC GUARDIAN...

PUBLIC GUARDIAN (LEFT) DA (RIGHT)

PUBLIC GUARDIAN

COUNTY COUNSEL FOR PUBLIC GUARDIAN

YEAH YEAH YEAH...

YEAH YEAH YEAH

SAN DIEGO DA BONNIE DUMANIS YEAH YEAH YEAH...

LEFT TO RIGHT DEPUTY DA PAUL GREENWOOD, DA DUMANIS, PUBLIC GUARDIAN SCHMEDING, BONNIE DUMANIS' WIFE WHO WORKS IN DEPT AGING

The San Diego Public Guardian, with the help of Adult Protective Services hunt for elderly citizens with money to force into conservatorships (guardianships) as wards of the Public Guardian...then they drain, rather than conserve the elderly person's estate...billing for their "services" and allowing attorneys and even elder abusers to do the same.  The District Attorney looks the other way...everyone looks the other way...and if there is a family member or friend or neighbor who sees these crimes and tries to help the elderly person- to stop this abuse...to free them from the greedy hands of these so called "protective" government agencies, they quickly get rid of them by any means possible.  This happens in San Diego and other cities in California and in other states.  It is well documented, but gets little attention...


public guardian, san diego DA, elder abuse, Dumanis, Schmeding, Greenwood, conservatorship, guardianship. MERRILL GARDENS

ELDER ABUSE POP QUIZ...TEXAS CALIFORNIA

WHAT DOES HARRIS COUNTY TEXAS AND SAN DIEGO COUNTY CALIFORNIA HAVE IN COMMON?

ANSWER:  BOTH HAVE PROBATE COURTS WHO DON'T SEE ANYTHING WRONG WITH FORCING MOMS AND DADS INTO GUARDIANSHIPS/CONSERVATORSHIPS UNDER FOR PROFIT GUARDIANS/FOR PROFIT PUBLIC GUARDIANS AND ALLOWING THEM TO END UP BATTERED, BRUISED, WITH BROKEN BONES...DEAD WHILE THEY LOOT THEIR ESTATES...

MOM, WILLIE JO MILLS, TEXAS

DAD, CLARENCE LANDIS, SAN DIEGO

 

elder abuse, guardianship, conservatorship, probate court, corruption, public guardian, 

Harris County Guardianship Program ~ No Lives Matter! Emergency

Harris County Guardianship Program ~ No Lives Matter! Emergency

Guardianships putting thousands of elderly Texans at risk

Guardianships putting thousands of elderly Texans at risk


From Houston Texas to San Diego California...and around the country, elderly citizens with money are being railroaded into guardianships and conservatorships by for profit  guardians and in San Diego, by the Public Guardian!!!  

PUBLIC GUARDIAN'S DOG EATS GUARDIANSHIP RECORDS...BURP

WE ARE STILL WAITING  FOR THE SAN DIEGO PUBLIC GUARDIAN ELLEN SCHMEDING TO GIVE US ALL OF OUR DAD'S PERSONAL AND FINANCIAL RECORDS...AND IF THE COUNTY DOG ATE THEM...THEN PUMP HIS STOMACH.  

The  laws require the Public Guardian acting as Conservator of the Estate of an elderly ward to release all records in their possession from before, during and after the conservatorship has ended.  We have requested them over and over and Public Guardian Ellen Schmeding can't seem to find them.    Public Guardian could not find or allow access to any receipts or records that would back up the fraudulent Final Accounting submitted to the court without us being present or even having our objections considered.  Public Guardian lied to the Judge and told him we had no objections and no interest in the matter of the Final Accounting, when in fact they had a copy served on them.  A copy was filed with the court but we learned much later it was misfiled in another case file.  Our Dad's Irrevocable B Trust and his named Successor Trustees, his two daughters was never considered by the court because the Public Guardian's County Counsel Attorney George Seikaly lied to the Judge and told him there was no trust.  The copy of the Trust filed with the county when the Trust was created strangely disappeared.  Documents disappearing  all over the place when the Adult Protective Services and Public Guardian and others target an elderly San Diego County resident...a cash cow that needs their "protection".  

More on this to come....

public guardian, guardianship, conservatorship, elder abuse, san diego, corrupt probate court, corrupt government