Very interesting case and the fifth circuit repeatedly kicked the crud out of the SDTEX for not doing the right thing. Based upon equal protection, if we could fund a class action modeled after this, we could change the law in Texas much faster for guardianship than each 2 years fighting Herman all the way.
That is why I want to begin fundraising . I think the timing is good because all of the tricks the legislature does like “suspending the rules” were not tolerated by the 5th Circuit. Abstention was rejected. Rooker-feldman has been dealt with by Anna Nicole. The probate exception does not apply. Even though it’s traditionally a state function, people are in danger. That means under the same 14th Amendment, the Court cannot say no. And I think we found the money…to make this attractive to a big firm or Lanier…as a qui tam.
- 1. medicare and medicaid fraud – they set up special needs trusts to make people “broke” and put them in medicaid nursing homes defrauding the system by triple billing by a lawyer, who has gone to 40 states and spread his cancer, the Uniform Guardianship Jurisdiction and “Protection” Act which took the Uniform Child Custody Jurisdiction Protection Act and added two lines, rendering it a kidnapping of the elderly for their real estate statute and changing personal jurisdiction as we know it in 40 states via International Shoe, the only case I recall from law school. He now teaches them how to form LLC’s to have limited liability when people die and all of this violates federal law
- 2. 40% of attorneys in Texas are not reporting fees – tax evasion – DOJ interest? (Office of management and Supreme Court has this documented)—I seem to recall Howard Reiner reporting $4000 instead of $40,000 so they don’t report or leave zeros off
- 3. Olmsted is HOT and you cannot institutionalize and didn’t Fatima HATE that word? Seems that a few others shrieked too at the disclosure that Carol Tampke had been institutionalized in a psych unit three times or more without a court order
- 4. County attorney snooped in James’ Tampke bank account and violated federal law and they are not a law enforcement agency which would have been the way to handle it if he thought he legitimately perjured himself. He hasn’t brought it up again
- 5. Max Higgs has alluded to abuse of the El Paso indigent fund by an attorney he knows but won’t confront and I have direct evidence of it in Harris County by Fatima and Linda.
- Max wants to see justice before he dies, but is going to have to be subpoenaed because he wants to play “deep throat”. his protege perfected the art of triple billing private clients, the indigent fund and the state medicaid dollars / federal monies while taking their SS money.
- Leaders in our community are getting results with the DOJ right now and in communications with Hecht and the Supreme court of Florida and Nevada, where people are being indicted. A law firm in Nevada has just begun contingent fee representation.
- Curtis vs. Brunstein decision in the 5th Circuit makes it crystal clear that there’s no jurisdiction for trusts in probate court, if the language of the trust didn’t already do that in 99.9% since that’s the entire purpose. So the attorneys and miscreants are tricking all of you into signing over your trusts by thinking you got a deal when you got robbed and you cannot agree as to where jurisdiction is on the subject matter. Nothing you do or the judge does can even affect it.
- Conflicts of interest of Dr’s like Guerrini who placed WJ in guardianship and then in hospice without ever visiting her in the ICU or knowing why he did so and did not bother following orders because as Clarinda says “she executed a DNR” and apparently, everyone in Harris County thinks that means you can kill them
- Minimum standards of guardians are criminal, which we established before the JBCC during the second hearing February 5, 2016
- illegitimate nonprofits to refer business in the form of people and make money
- Flipping homes for pennies on the dollar by these crooks
- Hospice hospice hospice pays 90% while obamacare won’t cover a UTI
- Herman appoints Hopper in a triplicate capacity as receiver and ad litem to get triple paid
- Herman violated the county retirement regulations jeopardizing the entire county’s retirement system in Travis County
- He’s gone punch drunk trying to take jurisdiction of family cases and overturn the Texas Constitution, treason, but what the heck
- Fair Housing Act violations for forcing elderly out of their homes into institutions, which also violates Olmsted Act Title II of the ADA and a long list of laws that aren’t enforced.
- Section 504 of the Rehabilitation Act of 1973 violations routine because the elderly and disabled are not given therapies they desperately need to avoid losing activities of daily living, and the result is they die in months to years at best unable to eat / feed themselves, or getting UTI’s which are deadly.
- Elderly are drugged to death by FDA black box warning psychotropic drugs which are known to kill the elderly by stopping the heart or causing a stroke and should NEVER be given to dementia or alzheimer’s patients, but I’ve had two of three elderly moms die of drugging, which was observed as extreme, passed out in wheelchairs
- Rule 11 Agreements are routine and place people into guardianship illegally because the law states that the attorney ad litem only gets paid from the estate if they are deemed incapacitated and the indigent fund is broke for failure to report fees
- Commissioners are complicit
- In Harris County, we know that the Sheriff’s office and District Attorney protect the perpetrators, and they punish the trouble makers which are the honest attorneys—I think I might be the only one left.
- Chief Snake Smith is Darlene’s husband, known to be dirty (see cheeseburgers for sex scandal at mental ward of jail)
- Illegal retaliation in violation of the ADA against anyone who bucks the system including SWAT teams, sheriff’s office/deputies and large sanctions. Rubbing their pistols to intimidate a 5’ tall woman with no visible means of being remotely a threat because she has a disability.
- Illegal payments to ad litem in six figures via backdated orders
- 18 USC 241, 242 is rampant and I can imagine every ward with a private professional guardian in the State of Texas is exploited by the same means and operandi.
- The same lawyers and doctors and appraisers are in control of the entire process, and the Judiciary are either aggressively complicit or puppets. Wright and Butts are puppets but they let people die knowingly and boring their heads in the sand on technicalities.
- Olsen threatened me 15x and swung a blue folder at my face, assaulting me for trying to recuse him. So, Herman fixed us. See HB 1438
- Andrew Keith Guardianship – sold for $30,000 bond or $50, because apparently that’s all the judge thought he was worth after I exposed the illegal bond
- I just found out another man I was fighting to protect coincidentally died in guardianship right after the order was signed and right before the recusal and bond was going to be filed upon in El Paso
- Attorneys are routinely tricking their clients into illegal agreements with no consideration, duress, to the point of negotiating for their mother’s lives—only to lose when she suddenly died of a heart attack / pneumonia known to be caused by the same drugging I begged and pleaded with Judge Wright to stop! he never put her in guardianship and she died with him sanctioning me $15,000 for making too much noise and I have told everyone in the State of Texas and beyond and nothing.
- The DOJ/ADA nothing
- DADS only investigated 11 complaints to prosecution in 2014 and 3 of the 78,000 were my clients’ mothers, now dead as I said they would be. I learned that the AG is a bit too protective of Texas’ civil liability and so DADS is a joke
- Adult protective services actually refers people to guardianship after Hammond convinced the legislature to remove all protection so the death mill starts whenever someone is concerned that another person is being exploited or wants to exploit them because now they violate the federal banking secrecy act by spying on their bank accounts to see if they would be a tasty victim
- Idiots follow a trade association, the National Guardianship Association instead of the law because the constitution is said to not apply in probate court
- Doctor Merkl gets together with Pacheco and decides people are incompetent or incapacitated or whatever because it doesn’t matter anyway. Forget the evaluation because they cannot even decide the standard. Is it incompetent or incapacitated? Does it matter?
- Attorneys are more concerned with who gets the rich guy than whether they are qualified under the ADA to decide what’s in their best interests
- As good of a move the stakeholders made in enacting the ward’s Bill of Rights HB 2665, it’s a Jim Crow Law that treats the elderly as separate but not equal, maybe not even as a person at all because the Code says that guardianship shall be administered like decedent’s estates. Tex. Est. Code. 1101.001 et seq. People are defined to include LLC’s and actual people are something less.
- The definition of incapacity is so broad, you can be incapacitated by the stroke of a pen of a pissed off judge. See attached memo.
- There is no accountability but pure and utter lawlessness and I fear for everyone’s safety. See Breach of Trust (Organ donation time at a Fort Worth low end nursing home wherein an orderly took patients out screaming). I suppose when the DA prosecutes the people who tape selling baby parts, no one worries about killing the elderly for their organs?
- Statutory probate courts are the problem – they have separate rules and standards—none. They do what they want according to Woods in 2006 who told the Legislature to shove it essentially because he was going to run his court as he saw fit.
- Not one attorney is ADA certified and the 4 hour course doesn’t even mention disabilities or what a support and service might be so it is all lip service.
- Rory Olsen did not even know what an ARD meeting was as he sold Andrew down the river for nothing more than being autistic.
- Equal protection violated egregiously because the Legislature cannot even get the visitation statute right and include “family”, as opposed to Kerri Kasem’s agenda.
- I reported danger imminent which I knew would result in death to Willie Jo Mills, Ruby Peterson and Ivy Ellis, as well as Robert Henry of El Paso (kidnapped from Florida with Terry Hammond’s advice) and THEY ARE ALL DEAD. I TOLD YOU SO.
- Strangely, mediators, doctors, and judges have ended up dead and the report was not remotely consistent with the truth. Who slits their own throat? Is a long time illness less than six months? And everyone knows you don’t give psychotropic drugs to an elderly dementia patient unless you want to stop their heart—Robert Henry and Ruby Peterson. Silverado Senior Living.
- I haven’t even gotten started.
Thank you for praying.
Reese (* Reese Witherspoon is a pen name)