Every Oregonian should be concerned about Judicial Abuse and lack of Law Enforcement, especially when you think the law will protect you, and lack of "resouces" are given as an explanation of lack of protection, and the Courts see any complaint of yours as a a nuisance
As a single senior person, I placed my attorney-in-fact- on my power of attorney,to handle my affairs in case of physical or mental disability.
There came a time, when I revoked the Power of Attorney, because my trust had been violated. My attorney-in-fact removed valuable documents from my Safety Deposit Box, and attempted to declare me incompetent, by sending Social Services to check on my mental capabilities. I reported this, and the theft from of my Safety Deposit Box to Clackamas County Social Services, as well as the Abuse Intake Department of the Clackamas County District Attorney's office at various times during the past 6 years. I was always told, it is a civil matter, and no funds are available to make an official report and cause an investigation.
I took the matter to court, to have the name of the attorney-in-fact removed from my property. At the end of the trial, the attorney's from both sides claimed, that the court wanted the matter settled.I was told that the court favored splitting my assets, as well as my income in half, if I did not settle. Can anyone imagine the fear of having your property and income taken from you by the stroke of a pen, just because the estate plan was set up wrong?? (by an attorney who everyone would believe knew what he was doing)
I orally agreed to a settlement, without having been advised by any third party, or being advised of the details of such settlement, or the consequences arising out of such a settlement.
Thhat had serious consequences, which I am still fighting today.
Not having been born or educated in America, I believed, as an American citizen, I had a right to my own property I had been paying taxes on, on owning my own home, and that my civil rights would never be violated by any person, authority or judicial system. How wrong I was to believe in Justice and a citizens right to their own property.
An irrevocable trust was given to me for signature, taking away the principle of my Inheritance, which is my financial security in my advancing age. Without it, I have no way to take care of any healthcare issues which may arise, or nursing home care if needed. I refused to sign such a document, which I believed had no legal validity,without my signature or having known the details of a trust.
I was lucky, because a Judge declared the settlement agreement "nullified"
on the gournds that he believed my testimony, and declared the defendant, my ex-attorney-in-fact, not trustworthy.
I removed his name from my home and inheritance immediately, and believed that Justice had prevailed.
No such thing.....He went to the appeals court, and won. The appeals court were convinced that I had had proper counsel, that I was aware of the details of the settlement agreement, and under Oregon's contract law, an oral contract is enforceable. The did not bother to check the records, to see, that I was coerced into such a settlement.
They were wrong, because in any civilized society, there is no such thing as a subjective or objective contract - a contract is always the result of both theories. (Per Fordham University School of Law Review of November 2000 - "The Origins of the Objective Theory of Contract Formation and Interpretaiton". You see, even at age 79, I did my research to determine who is right and who is wrong. I am being deprived of my civil rights.
Having exhausted my financial rewources for legal fees, I personally
took the matter to the Oregon Supreme Court for Review, citing judicial errors, but a review was categorically denied three times. (I guess one has to be a stripper with a huge inheritance involved, to gain access to the Supreme Court, as has been the case of late. Elder Abuse and Financial Exploitaiton is a national problem and should be of interest to the courts, from the district courts to the Supreme Court, State and Federal.
I refinanced my home for the third time in order to generate cash to find another attorney, because I came to realize, even though the American system of Justice allows for self-representation, it will simply be ignored, or - regardless of how valid your arguments, your Motions will be ignored, and a Judgment in your favor, unheard of.
In my desperation to find justice, I filed a civil suit for for damages, based on Elder abuse (emotional harm, coercion, threats, intimidation) and Fincnacil Exploitation, because my home and Inheritance are about to be taken from me. While I was forced to withdraw my suit for damages, because of more legal maneuvers, which I could not match, (even though a Jury trial was scheduled)a new Judge in Clackamas County Court, had been assigned the case. Having been coerced by defendant's attoreny, and without checking the files to familiarize himself with the facts, this Judge wrote an Opinion, that I was using the courts in a frivolous manner, and fined me $2,500.00.
I filed another MOtion to overturn the Judgementon the basis that I was indeed coerced and influenced into a settlement, which is partly in the transcripts, and a witness who was present, when I was threatened to loose all, if I did not settle, this same Judge has "reserved" the case for himself, even though a Motion for a change of Judge, on the basis of prejudice, has been filed with the Clackamas County Court. To date, he has not relinquished the case, and no other judge can be assigned to the case.
This is what I call the Clackamas County Mafia.
Having obtained a copy of the National District Attorney's Resolution, which calls for vigorous prosecution of elder abuse and financial exploitation, even by caregivers and family members, in a recent letter, I was informed, that the following criminal statutes could have been investigated, but now have "passed the Statute of Limitation"
Aggravated Theft 1
Criminal Mistreatment 1
Misapplication of entrusted Property
The letter did not explain, why it was not acted upon, when I reported abuse as far back a September 1999. The Attorney General, who by law is "Authorized" to intervene in abuse cases, cited lack of funds.....
while the State Office on Aging explained, that only certain cases are being prosecuted - that there are too many complaints, that it is impossible for law enforcement to investigate or prosecute all of the cases.
I am still hopeful that a new Judge will be appointed, especially since my previous attorney stated in a letter to the Oregon Bar Association:
"Once I went into the Judge's chambers at the March 28, 2005 hearing, and listened to the bad mouthing and name calling by defendant's attorney, regarding my client, I decided to go ahead and expand my representation"
"and heard how her son and his attorney were talking about my client to "Judge Thom" I knew this situation was a lot more complex".
The Judge never admonished the defendant's attorney, for making disparaging remarks about the Plaintiff, nor did he recuse himself from hearing any further matter on the case, quite the contrary. H eis hanging on to hear the next matter on April 6, 2006 - NOT IF I CAN HELP IT.
It is a frightening experience to realize, that we have Judges on the bench, who are NOT impartial and are NOT ruling by law, but let prejudice and their own personal opinions, affect the outcome of a case of civil rights violation and an elder's right to her own property and inheritance, as long as she is able to handle her own affairs.
Every Oregonion should be concerned with such a judicial system, indicating, that the victim has no right to be protected under law, as I assumed I had a right to be protected, when I reported abuse and financial exploitation.
It is time, someone take interest and bring checks and balances into the
Clackamas County Fifth Judicial District in Oregon City.
Again - every citizen of this County and State should be concerned about civil rights violaitons and lack of checks and balances in the judicial system. Detailed information is available to any media, interested in this case of unreported and uninvestigated abuse and exploitaiton of a senior.
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