CONTACT 13: Another guardian charged with abuse

jason_hansonby  Darcy Spears

LAS VEGAS (KTNV) – Another private guardian was charged with abuse of a vulnerable person on Thursday.

The young victim in the case was the first to come forward and talk with Contact 13 about corruption in the guardianship system.

Jason Hanson’s guardianship case was supposed to end when he became an adult. But Contact 13 discovered the court kept it open for seven years after his 18th birthday. And during that time, several so-called professionals came in and out of his life while the money set aside for his care dwindled away.

Darcy:Did you get lost in the system or do you think it’s more sinister than that?
Jason:I don’t know if I got lost in the system or if it was more underhanded than that. But the system definitely needs to change.” 

(Click to Continue)

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CONTACT 13: Another guardian charged with abuse

“Poor People” video

What is happening to our world & the people we once thought we knew?

Who stole our compassion?

Who decided we are expendable?

Who will rob us of our dignity & rights?

Who will pull the plug on us before we are ready to go?

Guardianship: Time for Accountability

isolationGuardianship abuse seems to be one of the most profitable scams of the day!  Are you safe from it?  Not necessarily.

Professional guardians, and professionals who become guardians, in some states, can isolate the ward (even from family and friends), bill outrageous amounts, sell houses and other property, take over bank accounts and make the ward’s life absolutely miserable as they do.  Don’t believe it?  Neither did many others, until it happened to them.

The public is led to believe they have the right to pick the person they wish to make decisions for them, should they become unable to do so or need some help.  However, in Florida, it appears, judges are allowed to ignore the person’s wishes and place him or her under the care of a professional guardian.  Once that appointment has been made, the family can be completely excluded from the ward’s life.  Worse, if there can be a worse, the ward is completely at the mercy of the guardian for better or for worse.

A guardian should be someone who is looking out for the best interest of the ward — not the ward being a money-making product to be billed to pennilessness.

When a guardian has already been chosen by the person, the courts should not be allowed to ignore that wish and appoint a professional guardian, unless there are some serious extenuating circumstances.

In my opinion, one of the first signs something is terribly wrong with a guardian situation is when the ward is isolated from family and friends.  This action alone suggests there is something to hide.  If not, then why would a guardian worry about the ward associating with all the people that had meant so much to him or her?

People who don’t understand the harm isolation can do, should spend a couple of months alone in a room with no stimulation and the only human contact (and brief words exchanged) being when someone brings a meal and picks up the tray.  That experiment will give you a taste of what many under guardianship go through and what you may one day be looking forward to, if the laws are not changed.

The courts should not have the right to over-ride a person’s wishes, without true cause to do so.  This is a person’s life after all.  And family members and friends should be considered for guardianship prior to any professional being thought of.

Professional guardians should be held to the strictest of standards and there should be no immunity for them not also given to a family member or friend acting in the same capacity.

Guardians should not be allowed to create bills and then sell off the ward’s home and possessions to make payment, as easily as it seems it can be done in many jurisdictions.

Wards should not lose the right to fight for their freedom from guardianship, especially if it is a wrongful one.  As it is, if the guardian has all the say — the ward can be silenced and kept from fighting against an abuse guardianship situation.  How is that right?  Doesn’t that defeat the very purpose of guardianship?

Guardianship may have been created to help those who had no one to help them, but it has evolved into a money-making adventure too often gone wrong.  It’s time for review.  It’s time to fix the loop-holes and laws that allow the wards to become nothing more than pawns and products to use up, drain and throw away.  It’s time to limit judicial and guardianship control and to hold the system accountable!

The Illusion: Gary & Sara Harvey Supporters Will Fade Away

Vintage Balance ScaleIt would seem that some misguided individuals think that Gary & Sara Harvey supporters will simply fade away in time.  Perhaps some will.  However, it is an illusion and delusion to suppose we all will.  Some of us don’t like bullies and we don’t like injustice so much so that we don’t let go of the stench trail once we get hold of it.  And, believe me, the stench trail in the Harvey case is over-powering.

Who was it that approached the judge with a request to starve & dehydrate Gary to death?  It certainly wasn’t Sara, Gary’s wife.

Who is it that has ordered Gary Harvey into a world of isolation nearly void of any true stimulation?  Certainly not Sara Harvey.

Who is it that is in charge of medical decisions and care as Gary suffers from infection after infection?  Certainly not Sara, the wife who loves him.

Who is it that has benefited financially throughout the guardianship event?  Definitely not Sara Harvey.

Amazing how those who hold the reins and make the decisions, financially benefit (or cause others to receive financial benefit), continue to try to make Sara Harvey the bad person in this reign of terror.  Amazing indeed!

I don’t know who some of these people involved in Gary & Sara’s case think they are, but all-powerful and untouchable they are not.  It may not be today… it may not be tomorrow… but one day… all this cruelty and injustice will become known for what it is and the results of their actions will embrace them in a reward well deserved in the world of Karma and God’s Justice.  The illusions gone — the truth will strip naked the deceit and deceitful for all to see!

The stench is heavy.  The truth is powerful.  It’s time for Justice to take center stage!  And, rather than fade away, many of us intend to be in the audience!

* * *

Gary HarveyTragically, Gary Harvey of Horsehead, NY fell down the basement stairs in January of 2006 and received a traumatic head injury. Since that time, he has either been in a nursing home or in the hospital and is under the guardianship of the county. Ironically, the county, who claims to be looking out for their ward’s best interest, was involved in a so-called ethics committee decision that Gary Harvey should be starved and dehydrated to death. The judge over-ruled the call for execution of an innocent man, though a DNR (Do Not Resuscitate) remains in effect. Sara Harvey, Gary’s wife, is desperately fighting to get him home. One can only wonder how much he knows of what is going on around him. The following could be what he is thinking as he lays alone in that room, so isolated from the world he knew and the wife and friends he so loves.

What Say You, Kevin Moshier?

Tragically, Gary Harvey of Horsehead, NY fell down the basement stairs
in January of 2006 and received a traumatic head injury. Since that
time, he has either been in a nursing home or in the hospital and is
under the guardianship of the county. Ironically, the county, who claims
to be looking out for their ward’s best interest, was involved in a
so-called ethics committee decision that Gary Harvey should be starved
and dehydrated to death. The judge over-ruled the call for execution of
an innocent man, though a DNR (Do Not Resuscitate) remains in effect.
Sara Harvey, Gary’s wife, is desperately fighting to keep her husband
safe. One can only wonder how much Gary knows of what is going on around
him. Does anyone in charge even care? * * *

 

Sara & Gary Harvey

Sara & Gary Harvey

The Gary Harvey case haunts me, Kevin Moshier.  Does it ever haunt you?  Do you ever wonder, as his court appointed attorney and simply as a human being, if Gary actually knows what is going on around him, but merely can’t let others know? What if he does, Kevin? What if he knows everything that has been said to him or around him? What if he feels everything? What if he feels desperation when his needs aren’t adequately met and when he has to fight still another infection? What if he feels the isolation and misses the once frequent visits of the wife he so loves? What if… Kevin Moshier?… what if he is actually a human being, who once laughed and planned and thought tomorrow would be one day closer to his future plans and dreams? What if he still isn’t done hoping for a better tomorrow? What if he needs your help, Kevin? Will you help him? What if you don’t? What if you don’t, Kevin Moshier? What if you leave him to fight alone? Will his tomorrows then forever end?

Why am I in probate? I’m not dead!

Across the country an American Horror Story is unfolding as  massive numbers of elderly individuals who have committed the heinous crime of [aging with assets], now find themselves in probate court and officially declared dead in the law by virtue of being declared an incompetent ward of the state.  This is human trafficking sanctioned by not only the courts, but also by congresses, both state and federal who are well aware of these organized criminal activities, but who refused to acknowledge or act to defend the elderly from these predators.

monkeys

probate court oversight

This fictional declaration of death via probate court, is a careful construct patterned after the organized crime rings operating in family courts.  In one court we abduct, sell and trade minor children, and in the other we abduct, sell and exploit the lives and finances of the elderly. Everyone involved, from the so-called protection agencies, judges, commercial predatory guardians, medical providers, hospitals, nursing homes and walls of unethical and immoral attorneys, line up to take a piece of the pie.

The pie can also be comprised of the monetary value in the Medicare/Medicaid system where targeted victims can be worth a million or more in inflated medical charges, padded medical billing, padded bills for doctors, insurance payments, thefts of social security benefits, VA benefits and whatever else may be out there in the way of grants, funding and subsidy.

Many times the “pie” can be comprised of liquid assets, stocks, bonds, property, valuable art and jewelry…..all of which can disappear into the accounts and pockets of the predators just as fast as the facilitating probate judge can declare the individual not only dead in the law, but incompetent as well.

Guardian and ward: legal definition

A guardian must take inventory and collect all the assets of the ward. Where permitted by law, title is taken in the ward’s name. Otherwise, the guardian owns the property “as guardian” for the ward, which indicates that the guardian has the legal right to hold or sell the property but must not use it for his or her personal benefit. The guardian must determine the value of the property and file a list of assets and their estimated value with the court. The guardian must collect the assets promptly, and is liable to the ward’s estate for any loss incurred owing to a failure to act promptly. (emphasis added)

Unfortunately, for those guardianized, the legal right to hold or sell property now claimed by the predatory commercial guardian, is used to benefit the predator personally.  Promptness as described in the legal definitions, is taken to new heights as predatory commercial guardians move at the speed of light to begin re-titling of property, seizure of accounts, transferring of personal funds, liquidation of any remaining assets; all of it ending up in the accounts or in the name of the predator, an attorney and/or a working partner to whom the properties are sold for pennies on the dollar.

This system of legalized grand larceny conducted by state agencies, attorneys, predator guardians, corrupt probate judges and other agencies and actors,  is condoned and covered up by higher court judges and those phony judicial oversight boards that exist in every situation.

In any other situation in your life, if someone you know proceeded to steal all your life savings and property’s, transferred all of what you had accumulated into their accounts and pockets against your objections:  if they had done this by drugging you, isolating you, and misrepresenting you, these people would be charged with federal kidnap and abduction, and grand larceny.

Yet via these phony probate courts and these corrupt probate judges these systems of asset theft, kidnapping, isolation, forced medication and abuse are sanctioned every day of the week.  All to benefit the ward, of course.

Dead men can’t speak

Guardianship is in fact the declaration of death of the still living person.  To become a ward of the state is to become non-existent.  Your existence has been nullified by the label of “ward”.  You have no rights.  You have no protections.  You have no voice!  Once declared a ward of the state, you can no longer “speak” in your own voice to the court.  You cannot defend yourself, express your desires, or object to the diversion of your assets to predators whose sole interest in you is looting your estate.  After all, you are dead!  Probate only becomes active upon producing of a death certificate.  Guardianship is a de facto death certificate, even though the victim is quite alive.

To achieve the label of “incompetent after being declared legally dead”, victims are forcibly drugged with massive doses of drugs such as Zyprexa, Seroquel, Haldol and other like pharmaceuticals.  These drugs can cause the exacerbation of dementia if it is present, or, can cause the onset of dementia, sudden death, and cause the victim to appear dysfunctional, semi-conscious often rendering them unable to speak or to even hold their heads upright.  These drugs also cause episodes of aggression and violent behavior in some victims.  It is in this condition that they are brought before the probate judge who knows full well they have been forcibly drugged to appear in this state.  Even knowing this, they still declare the “dead in the law” victim to be incompetent.

Quote from: Probing Probate: What You Should Know

By N. Brian Caverly, Esq. and Jordan S. Simon from Estate Planning For Dummies

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will. But in a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.” (emphasis, mine)

“With a valid will: If you have a valid will, then your will determines how your estate is transferred during probate and to whom.

Without a valid will: If you don’t have a will, or if you die partially intestate, where only part of your estate is covered by a valid will, the laws where you live specify who gets what parts of your estate.”( End quotes)

Dead man statutes

In the law of evidence, a rule that prevents a person making a claim against an estate from testifying about statements, actions, or promises made by the deceased person.

It is a routine matter for corrupt probate judges to discard and declare void any pre-existing directives, wills, trusts, surrogate medical powers, durable powers of attorney, and any other document prepared well in advance of the targeting of the elder with assets.  Of course, to achieve this magical feat of judicial malfeasance, the targeted individual must first be declared a ward of the state i.e., DEAD.

There is no law we will not break

So greedy are these courts and their agents, that it is now routine and common for the business affairs to be audited three years back, just in case something of value was sold, traded or given away.  If nothing is found to have transpired that would have cheated the predator out of more of your assets, the courts will go back six years in some cases.

And just so you know, that declaration of incompetency as the result of massive doses of off-label psychotropic drugs to render you dysfunctional is now obviously retro-active.  This means the court in its efforts to help predator guardians, attorneys and others, steal as much from you as possible has now determined that they can look back three to six years and determine that you must have been incompetent then, also. Apparently, by this magical view into the past, you must also have been dead as much as six years ago.  So whatever you sold, traded and gave away, the  court will move to have returned to the estate.

This is how legalized theft, the commission of grand larceny, operates in the courts.

The only thing that can be concluded is that aging, accompanied by accumulated wealth that should be dispersed to heirs when death occurs, is now a criminal act.  There is no other way to explain the exploitation, the institutional abuse and neglect, the forced medication with off-label drugs and the theft of estates to benefit the financial enrichment of the predators.

See: National Conference of Commissioners on Uniform State Laws

An attorney is appointed for you to represent you in court.  This attorney is not likely to do anything other than find ways to file frivolous motions which result in fees assessed to the estate.  In almost every instance, these attorneys are working in tandem with the attorneys who represent the commercial predatory guardian and everyone is making money off the targeted victim. It is a lose/lose situation for the victim and the family.

It has become routine for attorneys to charge massive retainer fees, additional fees for work they supposedly did during their term as legal representative for the families of victims, to then stop at the door of the court room where the case is to be heard, turn to the families and say “I can’t represent you”……..and walk away.

No refunds of the thousands and thousands of dollars the family scrapped together, no apologies for the unethical and unprofessional conduct, and absolutely not so much as a slap on the wrist from the ubiquitous protection racket that is the Bar Association.

This is a true American Horror Story.  The dead do walk among us……we call them wards of the state.

_______________________________________________________________________

http://www.uniformlaws.org/

http://www.law.cornell.edu/wex/national_conference_of_commissioners_on_uniform_state_laws_nccusl

http://legal-dictionary.thefreedictionary.com/Guardian+and+Ward

http://www.law.cornell.edu/wex/dead_mans_statute

http://www.dummies.com/how-to/content/probing-probate-what-you-should-know.html

http://ppjg.me/2012/09/16/chemical-restraints-and-physical-abuse-life-at-the-hands-of-predatory-guardians/

http://ppjg.me/2011/01/24/predatory-guardians-how-courts-are-allowing-professional-guardians-to-rob-your-assets/

http://ppjg.me/2012/08/30/elderly-human-trafficking/

Article reprinted here with permission & courtesy of:  Marti Oakley at The PPJ Gazette