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Sunday

SAN DIEGO PROBATE COURT, PUBLIC GUARDIAN AND FBI AND RICO


Advocate for Probate Reform said...
An audit also needs to be done in the San Diego Probate Court where the assets belonging to minors,conservetees, and beneficiares of trusts and wills are seen as an open treasure chest with which to fund the court and the legal/professional fiduciary community in what basically falls under federal RICO violations for extortion by public officials.
For example, probate lawyers and those of professional fiduciaries are allowed to stretch out cases so that the court (as well as subsidiary entites such as Court Call and One Legal) collect more fees . The longer the case is in court, the more money lawyers and fiduciaries make in wracking up bills. These are also the very people who will help support and fund a judge's re-election campaign, so the judge has great incentive to reward them with the opportunity to make as much money as possible.

When the public guardian or administrator is appointed, the individual does not make money himself. He is on salary with the county. The county collects the monies which partially fund the courts which pays the salaries of the probate employees and the judge himself.

Extortion of estates is raqueeteering serious business. It must be stopped in San Diego County. Some members of the county affected by the probate court, probate lawyers or professional fiduciaries including the public administrator/guardian have complained to the FBI, but when presented to the Federal Prosecutor, the agent was told they need more evidence. It will take enough people complaining to give the FBI the proof it needs. Otherwise, the alternative is to bring civil RICO cases. The most prayed upon victims are the cases with pro pers who the court knows don' have the money to bring civil actions or take defensive steps to stop whatever they do.

If you have been affected, please call the FBI at either 760-929-0811or 858-320-1800. Tell them that you wish to report possible RICO violations by professional fiduciaries, probate attorneys and/or probate judges.

After speaking to Mr Jones-Sawyer's office, I also discovered that many people are calling them from reading this article. Add your voice and mention the probate court specifically. The phone number is 213-744-2111.

Not only does the probate court need to be audited and professional fiduciaries and probate attorneys stopped from extorting money from those who become their victims, but the laws that have opened the door for this need to be changed. FOr example, most people don't realize that there are no jury trials in probate. A trial by your peers is a fundamental US citizen right that has been taken away.

Fee waivers are not waivers when it comes to Probate. They are fee defermnents. Shoud the assets involved be more than $10,000, all the 'waived' fees have to be paid back out of the assets.

A whole set of other laws exist opening the door for all the corruption currently going on,

Estates should go who they were meant for, not a corrupt system in which vultures wait to descend on the helpless or dead.

Let's stop one more area of corruption in San Diego!

Saturday

Thursday

DR. SAM SUGAR interviewed-Guardianships Conservatorships


WELL DONE DR. SUGAR!  A must watch for anyone involved in guardianship (conservatorship) matters or those wanting to learn about these horrible nightmarish practices taking place across the country to the elderly.  

SAN DIEGO IS JUST LIKE FLORIDA...corrupt officials, Public Guardian, Adult Protective Services, Bottom Feeder Attorneys, for profit Assisted Living  companies like Merrill Gardens, etc.   Targeting elderly and depleting their estates.  

Elderly end up in guardianships or conservatorships (as they are called in California) as a result of family issues that end up in court or when family turn to Adult Protective Services for help (as was the case with our Dad) after a family member has been abused.  Adult Protective Services acts as a headhunter for the Public Guardian, bringing in the cash cows- elderly with money to be had.  

What Dr. Sugar talks about is right on and very real.  






conservatorship, guardianship, probate court, elder abuse, 

New book exposes guardianship abuse and how judges, lawyers steal your money

New book exposes guardianship abuse and how judges, lawyers steal your money


I have read this book and it is good.  We experienced many of the things covered in this book when our Dad was a ward of the San Diego Public Guardian and we encountered government agencies...  PG, APS, County Counsel and others that "protect".

elder abuse, guardianship, conservatorship, public guardian, probate court, corrupt courts, attorney, lawyer

Tuesday

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

Monday

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



Saturday

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/