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To: blueyon

They might have been confused and in ill health when they went into custody, but their minds seem to have cleared up. However, there is now no way out of the “incompetency” rabbit hole until somebody else speaks up for them. Good on the TV station for getting this far. Wonder how many more are in such rabbit holes?


14 posted on 08/31/2009 6:07:20 AM PDT by HiTech RedNeck (Every time you think you've seen the worst of Barack Obama, he amazes you again.)
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To: HiTech RedNeck
However, there is now no way out of the "incompetency" rabbit hole until somebody else speaks up for them. Good on the TV station for getting this far. Wonder how many more are in such rabbit holes?

Read the following article that mentions this couple. It's down right spooky what's happening in Texas.

Broadcast tells of probate court appointing questionable guardianships
August 26, 5:27 PM
Bell County Legal News Examiner

The actions of probate courts (or other courts handling probate matters) are becoming increasingly controversial due in part to guardianship actions which functionally transfer control of a person's life and property to a court-appointed administrator.

KDFW, FOX 4 in Dallas/Fort Worth, aired an important story about Jean and Michael Kidd of Richardson (TX) whose lives have been overtaken by a Collin County probate court.

Court-appointed guardianships are a growing trend.  According to The Texas Probate Web Site, guardianships are defined as: "a court-supervised administration for a minor or for an incapacitated person.  A person -- called the guardian -- is appointed by a court to care for the person and/or property of the minor or incapacitated person -- called the ward.  In some other states, guardianships are called conservatorships, but in Texas they are called guardianships."

The site provides these definitions of a "minor" and an "incapacitated person": "A minor is a person younger than 18 years who has never been married or who has not had his or her disabilities of minority removed by judicial action.  A minor is considered an incapacitated person.  An adult who, because of physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for his or her own physical health, or to manage his or her own financial affairs is considered an incapacitated person.  The definition of incapacitated person also includes a person who must have a guardian appointed to receive funds due the person from any governmental source."

Two types of guardians/guardianships exist:  a guardian of the person and a guardian of the estate.  The guardian of the person takes care of a ward's physical well-being while care of a ward's property may be assigned to a guardian of the estate.  A ward may be assigned only one type of guardian, but in other cases, both types of guardians are assigned with sometimes the two guardianship roles being filled by one person.

Texas is currently experiencing rapid population growth.  With that, a recent five-part series addressed Is Texas' population growth a "stimulus" for estate looting, probate abuse?

Today's seniors with their accumulation of wealth are an especially attractive population segment, but probate exploitation and estate thefts increasingly impact Americans of all ages. These Involuntary Redistribution of Assets (IRA) actions use wills, trusts, guardianships and sometimes powers of attorney to loot assets of the dead, disabled or incapacitated.

With guardianships, a person loses control of their individual liberty as well as their property.  While guardianships are often associated with the elderly, the mentally or physically disabled or anyone incapacitated via illness or injury can also be subjected to this status.  Family members may serve as guardians, but a new industry has evolved and been in a growth mode as courts increasingly elect to use professional guardians.

The use of probate venues and legal instruments like wills, trusts or guardianships to confiscate or divert resources -  and with guardianships, also potentially deny individual freedom - is becoming more common.  Without direct involvement, few people realize how these things occur.  Despite being labeled "incapacitated" by a court, Jean and Michael Kidd appear to well understand that guardianships can functionally hijack people's lives.

In some cases, the targeted parties may need some type of assistance.  However, the intrusive approach along with the questionable denial of freedom and/or confiscation of assets increasingly used by many government entities should serve as a warning to all Americans who value personal freedom and property rights.

Forewarned is forearmed.

41 posted on 08/31/2009 7:14:29 AM PDT by DumpsterDiver
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