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The Death of Democracy in the Probate “Court” 

Democracy: R.I.P. Democracy: R.I.P.

The Death of Democracy in the Probate “Court”
By David Arnold

Originally published in the Boston Broadside December 2017
Reprinted with permission

The United States is a democracy. Right?

I never questioned that until 2012. Someone that I loved very dearly was subjected to severe abuse by the Probate Court. I was also subjected to abuse. I survived. Gretchen did not.

The lasting damage done to me by this experience was the destruction of my belief that people do not have to fear abuse by government in the United States.

It was not until 2016 that I finally realized the problem. The Probate Court is not a democratic institution. It is a dictatorship. It violates all the principles on which this country was founded.

The thing I find most frightening is that only a tiny fraction of the general population realizes the truth. I think the reason is that we are all blinded by our belief that the institutions of our government function in accordance with the principles of democracy.

In fact, anyone who has been involved in a guardianship case has all the information needed to know that the Probate Court is not a democratic institution. It took me 4 years of study and research before I finally saw the truth that was sitting in plain sight.

This is not to say that all the institutions of government violate the principles of democracy. However, the Probate Court is a glaring exception.

Somehow the judges and lawyers of the Probate Court have managed to eliminate all the protections of democracy designed to prevent abuse of power by government. The result is that the Probate Court has the ability to commit crimes with impunity.

The reality is that no one is safe from abuse by the Probate Court. This is a very strong statement. However, this statement is supported by extensive factual evidence. This evidence has been accumulated primarily by organizations outside the government.

Until recently the government has passively or actively swept the problem under the rug. The Probate Court has the ability to prevent the evidence of abuse from becoming public. Other branches of government have also cooperated in concealing the evidence.

Since this happened in 2012 I have filed complaints with all three branches of government with no effect. All my complaints have ended up in the hands of a lawyer who did nothing. One of the other parties in the case has also filed complaints with no effect.

The proof that the Probate Court is a dictatorship is lying in plain sight. It is a matter of seeing the obvious. In my case that took 4 years.

The foundations of democracy are the following:

  1. No one has absolute power. Power is distributed between three branches of government to provide checks and balances.
  2. Everyone is responsible for their actions. No one has immunity.

The Probate Court violates both of these fundamental principles of democracy in multiple ways. In particular, guardianship is riddled with absolute power and conflict of interest.

The judge has sole control of guardianship:

  1. The judge appoints the attorney for the incapacitate person.
  2. The judge appoints the guardian/conservator who manages the person’s affairs
  3. The judge appoints the GAL who investigates the facts of the case.
  4. The judge decides the case without the right to a jury trial.
  5.  The judge is responsible for accountability of the GAL and guardian/conservator.
  6. The judge gives immunity to the GAL and the guardian/conservator as agents of the court.
  7. Judges have judicial immunity and extend that immunity to those they appoint.
  8. The Constitution does not give anyone immunity. The court has given itself immunity.

The combination of absolute power and immunity has set up a system of legalized crime where GALs and guardians can commit crimes with impunity.

Marti Oakley who runs an internet talk radio show has been pointing out for a long time that the Probate “Court” is not a court. It is an administrative tribunal whose authority is derived from the Executive Branch, not the Judicial branch.

Because it is not a court it is free to set its own rules as to how it operates. A person who goes before the Probate Court has no constitutional rights. The law is whatever the judge says it is. Responsibility for protecting a person’s constitutional rights rests with a court of law. The Probate Court is not a court of law.

The problem is that the Probate Court pretends to be a court and has usurped powers that can only be exercised by a court of law with due process. The Probate Court exercises the powers of both the Executive and Judicial branches of government. This is unconstitutional and violates separation of powers.

In December, 2016 I met with my state senator William Brownsberger to discuss my complaints with the way guardianship is managed by the Probate “Court”.

I pointed out that it violates separation of powers for a judge to be responsible for both appointment and accountability of guardians.

His response was “Please trust me when I say:  Your argument that the guardianship system is unconstitutional is not correct legally, however powerful it may seem theoretically.”

I said I was not willing to trust him. I asked him to prove it.

He said “You are asking a little too much of me.”

He elaborated by saying “Separation of powers is not just a philosophical idea, it is a technical legal construct.”

The issue is not whether the present system is legal. The extermination of the Jews was legal under German law. Slavery was legal in the United States.

The issue is whether guardianship is consistent with basic principles of law, democracy, civil rights, human rights, and the constitution. In my opinion, the present system of guardianship violates all these basic principles. It is a stain on our democracy as bad or worse than slavery. It is a danger to everyone whether or not they realize it.

I was taken totally by surprise by the way the Probate Court handled my guardianship case. I would not have trusted the Probate Court if I knew then what I know now. The problem is that there is no appropriate system for handling guardianship.

The way to stop this abuse is to take away the secrecy that protects those who are committing these crimes. That can only be done by the free press.

6 Comments on The Death of Democracy in the Probate “Court” 

  1. Very true we all need to get the word out the meda is not helping .what can we do let’s all get it out .

    • have you joined AAAPG?

    • Adequacy Assurance Group // January 24, 2018 at 3:12 pm //

      Restoring Proper Grand Jury Function (Government) In America—Slavery Is Alive & Active In the United States, Often Being Perpetuated by our very Court System…. The Fixing of America Begins with IDENTIFYING THE PROBATE RACKET, THE OBSTRUCTION OF PROPER GRAND JURY FUNCTION that is ELEVATING CRIME/ DEBT/ DEATH RATES ON THE BEAT/STREETS, ENDANGERING OUR CITIZENS AND BROTHERS AND SISTERS IN BLUE/ UNIFORM.

      Please take the attached information and inform, research, educate, and advocate for proper grand jury function in our government, a demand of our citizenry, police, educators and elected officials, etc, and a safety implement that guarantees the highest degree of peace and security for all (and what prevents [mandatorily/scientifically] corruption, of all varieties and levels] …the reality/ physics/ relativity of why the rule of law exists. Please email for more info, anonymously if necessary, and do your part to secure/establish/maintain PROPER GRAND JURY FUNCTION/RIGHTS.


      Common Question: Why is it that we can’t get a jury trial in probate/divorce courts (Where all the money is)?
      Typical Answer: Umm, I dont know, its equity. or constitutional, I dont know. I am a judge, I practice probate and divorce law, and I have to be careful of what I say.

      Actually, it is majorily an unconstitutional racket (alot of times targeting real estate fraudulent sales/thefts, attorneys fee theft/churning, etc), usually claiming either 1) some abandonment or emergency interim authority, where no rights are involved or effected, 2) a voluntary participation in voluntary non-binding, jury-reviewable arbitration, or 3) some sort of non-denominational ministerial religious role, historically left to the church to govern, pre 1776 etc., and historically corrupted (orphans, widows, elderly, tidings, marriage/divorce, succession, etc.). One of the reasons for our constitutional embodiment, albeit consensus struggled for, of jury trial rights, separation of church and state, no laws impairing contracts/possesion, the rights to petition the grand jury (the government), slavery prohibitions, equal protection, etc. Something to remember: Law is Equitable, Equity is Law.

      2. The answers [to Court Corruption, crime and debt/danger on the streets expanding activities, etc.] rest at the grand jury chamber.
      These [probate/juryless/corruption] problems only exist because of a lapse in proper grand jury function (accessible, educated citizenry, informed jury etc.), and when proper grand jury function is inserted into the equation you accomplish relative reconciliation/ justice…due process of law. Please report all knowledge of wrongdoing to your sitting grand jurys of your county/district, and atleast 10 additional…by fax, email, mail, and hand delivery. The three branches of government are merely important agencies of the grand jury authority, they have all taken an oath to support and defend proper grand jury function (the constitution), and just as the grand/trial jury (the people) retains the jurisdiction to sit in judgement of the citizenry and provide justice in the event of wrongdoing, they retain the jurisdiction/obligation to provide justice in the event of governmental employee wrongdoing (an undeniable fact/jurisdiction/obligation that most jurors are unaware of, that is being intentionally kept from them in order to facilitate/perpetuate the theft of billions/trillions, and is in major need of mass informing). However, as certain current training protocols in error (to the tune of 23+Trillion+++ dollars in error/ Nat. deficit, etc.) prevent certain knowledges of wrongdoing from reaching the grand jury, the need for direct (1st amnd.) petitioning of the grand jury (the grand jury is the government, a gov. of the people, by the people, for the people….) is paramount, as is the oaths of office (as aforementioned) and the separation of powers.

      3. Grand/Trial Jury Rights/ The Probate Scam

      You are going to see the same/identical racketeering stuff happening in about every state (probate/ divorce, etc). They have national (likely international as well) meetings (Pontre Vedra Florida for the national probate judge/attorney bar), and they have representatives from every state attend, much like the perceived illegal mob commissions, and they discuss the tricks to use, and the tactics that have worked and to be implemented nationwide. They have formulated tactics, including stacking the appellate structure with participants, that they have determined to be a stonewalls and sure things in converting these real estates and large amounts of capital, all the way from initiation to SCOTUS.
      (An illegal association in racketeering obstruction of proper grand jury due process of law, as differentiated from a legal, law abiding seminar/convention pursuing proper grand jury function/justice)

      Every member/attendee pays large sums to attend/belong, and large amounts are paid to select judges/attorneys for speeches and seminars, the same actors that have close financial contact with sitting judges/appellate-justices that are orchestrating these organized crime activities. (This is what communism/slavery looks like)

      Unfortunately, their activities always are an illegal/juryless, crime/debt/danger/dysfunction-expanding phenomenom… unconstitutional…and run afoul of the rico, sherman, hobbs, etc acts, as well run affoul of the oaths that every legislator, judge, attorney, police officer, d.a, governor, grand juror, TAKE TO SUPPORT & DEFEND THE CONSTITUTION AGAINST ALL (illegal/ juryless, crime/ debt/ danger/ dysfunction-expanding, etc.) ENEMIES FOREIGN AND DOMESTIC, and several take seriously.

      Please take the attached information and inform, research, educate, and advocate for proper grand jury function in our government, a demand of our citizenry, police, educators and elected officials, etc, and a safety implement that guarantees the highest degree of peace and security for all (and what prevents [mandatorily/scientifically] corruption, of all varieties and levels] …the reality/ physics/ relativity of why the rule of law exists. Please email for more info, anonymously if necessary, and do your part to secure/establish/maintain PROPER GRAND JURY FUNCTION/RIGHTS.

  2. Yes! Thank you for this article on the Probate dictatorship! At age 59 I knew nothing about POA, Probate, estate Final Accounting. That was less then a year ago. Now at 60 virtually in pain like a broken heart, feeling violated, and very, very angry. I am now an activist. My father and my sons father (my ex husband) both died last year. What my son has gone through, what I have been subjected to trying to advocate for my father post death, and my own hijacked inheritance I feel like I was thrown in the deep side of the pool with my hands tied behind my back. You are right! Thus is another vehicle run off the high road of democracy, not to mention ethics and morals. I dont have space to detail it all but it has all the elements that a trashy work of fiction has. Selfishly I was in dire need of finding a comrade that spoke to this lawlessness for some emotional relief. So thank you! Now onward I continue to join to fight to write to speak for awareness, prevention and correction. This is just one area in need of a reset in the US, but its one where most of my efforts will go. I work with seniors and am a hospice volunteer so makes sense to me. If I read one more article or another survey is funded for research long completed, or another taskforce is created at tax payer expense and delayed safekeeping of the elderly continues, I am going to rush the courts – Enough! There are additional measures to employ now! Corruptacracy must end!

    • Please join AAAPG. Follow “Join AAAPG” link from right side of any page. Make sure you respond to the confirmation email and you’ll be subscribed to learn more about AAAPG’s efforts to reform guardianship, nationwide.

  3. Kathleen Morris // January 27, 2018 at 5:54 am //

    Yes! I want to say so much about this corruption of guardianship! I pray this will go through! this country should be ashamed of itself for allowing this secret evil of guardianship in our courts to exist in a so-called free society! Many greedy profiteers involved in “using humans for profit”, under the guise of protectors! It is even more evil than Hitler’s Holocaust, as that horror ended. Guardianship corruption has destroyed countless American citizens lives, their families loved ones, once snared, where atrocities comparable to the death camps go on and on. Yes, the crooked perverse Judges are the ring leaders. Thousands of people who died in the wars fighting for U.S. freedoms, did it in vain.. the guardianship system is evil to the core, making the people (not wards, but human beings) with no rights.. no rights at all! My mother was snared in a involuntary guardianship. It has been 4 years since I have seen or talked to my dear precious mom. When I try to visit mom, they call the police, saying the guardian gave them orders mom is to have no visitors no phone calls, and cannot receive mail. When I attempt to send my mother flowers, I am served papers for a PPO ! You call this America! I only am telling you a tid bit of the horror I have lived trying to seek justice for moms rights to visitors.. even clergy are denied visits! Lawyers are corrupt. Retained several, who have done nothing. They are all in on it, this racketeering organized crime racket called “guaridanship”. This country is as evil as the government of Hitler/Nazis. It is all about money, demoting humans to cases for which they can use and abuse for profit. They even take out large bonds and life insurance policies on their wards of the court so after they finally kill them, they collect from that! I have so much more to say! The problem I have had is that no one will help me. No body cares! If it is not happening to them, they look at me like I am a kook or a liar.. like that can’t really be true? Everybody turns a blind eye. People say such stupid things like, ” Oh, you must go on with your life, you will see your mother some day in heaven!” I can’t believe it! Does no one put themselves in others shoes? Thank you that now I am finding some people who are exposing these crimes against humanity. I cannot have any joy or peace in my life after what they have unjustly done to mom!
    sincerely, Katie from the corrupt state of Michigan, State where more guardians are appointed than any state in the country!

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