Legal Lynching in Florida

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A lynching is an extrajudicial punishment by an informal group often to intimidate a minority group and often performed without due process.

Unfortunately, it is not farfetched to equate the Florida Elder Guardianship process to a LEGAL LYNCHING. The cruel and corrupt system has been called “Liquidate, Isolate, Medicate.” With so many of the players working together, with intimate knowledge of the legal loopholes, they literally hang you out to dry.

Since 2012, my Aunt Lillie has been caught in this web and the victimization continues. On Friday, August 19th, 2016, there is a Hearing in Flagler County, Florida to take away her last two remaining rights: the right to vote and the right to choose with whom to socialize–in essence, shutting out her family.

Rights already stripped from my aunt include the ability to make an informed decision to:

  • sue

  • travel

  • drive

  • marry

  • contract

  • determine her residence

  • consent to medical treatment

  • seek or retain employment

  • manage property or make any gifts

  • personally apply for government benefits

Watch this video. Does Lillie seem totally incapacitated to you? There is a major disconnect between what they put in the court papers and reality. Three good doctor reports, that could have given her rights back and end the five years of systemic abuse, were made stale through this legal shell game. It’s a waiting game — drag on the process as she gets older and eventually is made to be incapacitated by the undue stress.

Now, when she is required to go to yet another doctor’s evaluation, she doesn’t sleep the night before and doesn’t eat that morning because she is so stressed. Then, when she gets there, she is walking into a hostile environment and rightly perceives that they are there to take away her rights. As a proud woman, she tries to appear like she’s not agitated but she is — and anyone of any age would be uncomfortable under those circumstances. It is psychological abuse.

We must push to reform the Elder Guardianship system, particularly in Florida. We must stem the rising tide to prevent a the feeding frenzy on seniors through a legal yet corrupt system.

Please find out how you can help #FreeLillie. Follow us and retweet @elderdignitynow. If you have specific suggestions, email elderdignity@hotmail.com.

Contributed by Teresa Kay-Aba Kennedy — Harvard Business School-trained strategist, World Economic Forum Young Global Leader, Human Potential Advocate/Coach, and President of Power Living Enterprises, Inc. Her latest award-winning book—co-authored with her mother Columbia University-trained journalist Janie Sykes-Kennedy—is Dancing Light: The Spiritual Side of Being Through the Eyes of a Modern Yoga Master on her teacher/mentor 98-year-old yoga master Tao Porchon-Lynch.

4 thoughts on “Legal Lynching in Florida

  1. The phrase “Isolate, Medicate, and Liquidate the Estate” comes from The National Association to Stop Guardian Abuse, an established organization working with victims of guardian abuse. I hope you’ll contact them.

    1. elderdignity says:

      I certainly will! We need all the help we can get to #FreeLillie.

  2. Kelley Smoot Garrett says:

    Were you aware that any state with a pre-1865 Constitution has the basis of guardianship in Probate Courts?

    Probate Courts are Courts of Equity and are the same Courts that were granted exclusion from Federal oversight by the Judiciary Act of 1789! Yep, one of the very first acts passed by the newly-minted US Congress was to exclude all states’ Courts of Equity from being appealed to the Federal (Courts of Law) system. Why?

    Because Probate Courts, as Courts of Equity, were the courts used to uphold the legality of slavery and adjudicate issues resulting from turning living human beings into pieces of property.

    Courts of Equity are not like Courts of Law. Courts of Equity are not required to follow the law or the Constitution (yes, you read that right) and Courts of Equity are not required to be presided over by anyone with a law degree; the only requirement in the 1760s for a Probate Judge was “a man of good moral character.” Courts of Equity are not required to follow any precedent, because every case is deemed to be unique.

    To understand how such a perversion of justice could be upheld by a Court of Equity, consider this pre-1865 delima faced by a slave owner: Imagine you rent your neighbor your good hard-working field hand (slave) for the season. When you rent out your piece of property (that is a living human being) your property is in good condition, not whipped or beaten, and works hard all day long. When you get your piece of property back at the end of the season, you receive a broken man: whipped, beaten, mistreated, and essentially now worse than worthless because you have to pay to take care of a piece of property that can no longer earn you rent. Your remedy? Take your neighbor to Probate Court for an adjudicated ruling by the Probate Judge!

    The Probate Judge can decide any manner of remedy he likes, or perhaps none at all, if you are not looked favorably upon by the Probate Judge. It’s all up to the Probate Judge and pre-1865 there were little guidelines or rules they had to follow.

    After 1865, probate courts fell out of use except for the one thing that stuck around: administering a deceased person’s wishes as expressed in their Wills. Then guardianship was created to adjudicate cases of mental incompetence, and the lawyers just went back to what had worked so well pre-1865 to deprive human beings of all their rights and treat them as pieces of property: Probate Court.

    1. elderdignity says:

      Thank you Kelley for sharing this important information. I did not know the origins. Elder Guardianship is indeed a new form of slavery.

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