A probate court order of emergency temporary guardianship may well fall under modern day slavery. A recent article centers around a 46 year old female who fell ill. Thereafter she was admitted to hospital in Jacksonville (FL). This was the last she would see of her rented beach side condo. Alarmingly this was more than four years ago. Instead she walked as a ward of Florida state under a professional guardian. There was no health insurance in place and an emergency guardian petition was signed. This was filed in a local court while hospitalized. The move to Florida was for the sunnier climate away from Connecticut.

According to AAAPG ( Americans Against Abusive Probate Guardianship) she falls within 58% of Americans who end up as wards of the state. As a result of emergency temporary guardianship via probate court orders. AAAPG is an advocacy organization based in Florida. Founder of AAAPG comments that probate court has somewhat of a “sordid history”. Until slavery came to a close in 1865 probate court was there to decide on legal issues. Probate courts continue to abuse the vulnerable within society.

While not being of African American descent the individual in question draws on the experience of those subjected to slavery. Those individuals who also had their families cruelly torn apart. This was an experience different yet similar. The father was successful in retrieving her back to Connecticut. However the guardian followed and the father was threatened with a charge of kidnap. The father, since passed away, would face charges should he not return the subject to Florida. An entirely perverse scenario that a father can be charged with kidnap. Unfortunately due to ill health money could not be made available to hire an attorney. Considerable resources are required to fight an emergency temporary guardianship. When inquiries were made about her bank account the bank refused to disclose any account information. Essentially because once a ward of the State you lose all rights (incl financial).

A Guardian is answerable to no one and have full access to assets. Also the authoprioty is not easily challenged. Guardians have complete control over the individuals life. Some guardians have even been known to buy and sell wards as though they were trading a commodity. Texas has ensured via legislature that proposed wards receive proper representation. A company specialising in appealing guardianships and litigating for same across Texas are Ford + Bergner. To read the full article by Juliette Fairley  please follow this link.

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