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
Â§ 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.
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