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William M. Windsor, candidate for U.S. House of Representatives, has introduced state legislation designed to reform the legal and judicial process. These are changes that Windsor says are desperately needed.
The legal systems and judicial systems in Georgia and every state in America must be reformed. Dishonesty and corruption have stolen the rights of every American.
This is Part 16 of a series of articles that will address the proposed legislation for Georgia. This proposed legislation addresses abuses with probate courts, guardianship, and conservatorship.
These changes are an addition to Georgia Code Title 15, Chapter 9, Article 2:
TITLE 15. COURTS
CHAPTER 9 – PROBATE COURTS
ARTICLE 2 JURISDICTION, POWER, DUTIES
§ 15-9-48. Safeguards
Corruption in the probate courts and with guardianship and conservatorship is especially egregious. Probate practitioners, in cooperation with facilitating courts, have devised methods of looting estates before and after a person is in the grave.
The elderly are typically the victims of guardian/conservator abuse, locked away and silenced, with no voice, stripped of all civil, legal and Constitutional rights, as their estates are liquidated by invented litigation. As it stands, the “golden years” of these elderly wards, are only golden for those who profit from the subversion, exploitation and abuse of a law, meant to protect and preserve. This must be stopped.
A living person’s assets don’t belong in a court created to disperse the estates of the deceased. The first and most important step in the right direction is to remove such matters from Probate Court.
There will always be a need to protect the incompetent. The courts should be used as a last alternative in this regard.
Stricter guidelines and oversight must be in place, for whenever there is money on the line, predators tend to flock. The elderly are at stake at the most vulnerable time of their lives, thus the need for stricter guidelines and oversight to avoid abuse and exploitation.
Guardians and conservators must submit estimates of costs to probate courts.
Probate courts must oversee and approve expenditures in excess of those estimates.
Monthly reports are required of all expenditures by guardians and conservators.
Probate courts must require a party challenging guardian or conservator actions to reimburse the other party if the court determines that an action was not filed in good faith, was not grounded in fact or based on law, or had another improper purpose.
A Probate Advocacy Panel will be established to oversee Georgia’s probate courts.
The Georgia Supreme Court shall establish a schedule of fees permitted to be charged by fiduciaries acting in furtherance of a conservatorship or guardianship.
If any citizen feels that anyone involved in a probate, guardianship, or conservatorship matter is violating the law and/or functioning in a corrupt manner, the citizen may file a complaint with the Special Regulatory Grand Jury. The filing of such a complaint shall stay all proceedings in the Probate Court.
Notes: Financial and emotional abuse of the elderly and their families is of great concern. It must not be allowed to happen. This is not my area of expertise, so I need advocates in this area to provide me with a more comprehensive list of needed reforms.
Proposed Legislation – Part 10
Proposed Legislation – Part 11
Proposed Legislation – Part 12
Proposed Legislation – Part 13
Proposed Legislation – Part 14
Proposed Legislation – Part 15
Proposed Legislation – Part 16
Proposed Legislation – Part 17
This legislation is authored by William M. Windsor and GRIP — Government Reform & Integrity Platform, a coalition of those fighting government corruption and judicial corruption.
William M. Windsor
I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions. Anyone mentioned by name in any article is welcome to file a response. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.
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