One common question I get, is why won’t the states attorneys, police, FBI, etc. do anything about the fact that the probate court system is a large criminal enterprise where the elderly or disabled are targeted for a paid up home, cars, bank accounts, etc. Then they are guardianized, often without notice, service, they want to fight the gship, but they either get no attorney, or the attorney is tied into the system. Then the house is sold and everything is sold, and the elderly person is forced into a nursing home, drugged with psych drugs (which are illegal and not FDA approved for the elderly) and massive attorney’s fees, courtroom vendor fees (case managers, etc.) are charged against the estate. When that is quickly depleted, then food and water is with held and the senior quickly perishes. The body is quickly cremated to destroy all trace of chemicals and lack of food in the stomach for days.
Many ask, why aren’t these crimes prosecuted?
The reality is, that’s up to the prosecutor. Prosecutor’s have “prosecutorial discretion” which means that they are the only ones to bring criminal charges and they do this based up the evidence, how the judges respond to these types of cases with this type of evidence and how juries respond. They have to have a criminal deft found guilty beyond a reasonable doubt, which is a very, very high standard. One reasonable doubt and the defendant must be acquitted.
In addition, if the prosecutor loses, then the defendant can sue for 42 USC 1983 deprivation of civil rights under color of authority, false arrest, false imprisonment, abuse of process, malicious prosecution and intentional infliction of emotional distress, and damages can be substantial, especially if someone was harmed during the arrest.
And taxpayers pay for those cases.
Many people want to reinstitute the grand jury system or people’s grand juries where 12 or more persons decide what and whom to charge. If they do that, the people should be trained to minimize the risk of suit against the state or US.
Finally, your prosecutor is elected. Campaign against these prosecutors who let this happen. Force them out of office by convincing the voters he or she is not doing their job.
You could sue the prosecutor for misfeasance or malfeasance in office if they are not doing their job and going after all criminals too.
But this basically explains the problem with criminal charges in probate in a nutshell.