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Judicial ABUSE IN OREGON

How judicial abuse in Clackamas County,Oregon, blocks a victim of elder abuse and financial exploitaiton from filing a lawsuit for damaages under Oregon Law
The unprecedented taking of property under a contract obtained under duress, threats, inimidation; an unconscionable contract, a one-sided contract, without any compensation, is a violation of not only any existing contract law of Oregon, but of the United States of America. It is called a Deprivation of Rights, a Conspiracy of Rights, as well as the Deprivation of Rights under Color of Law.

The author has been the victim of Elder Abuse and Financial Exploitaiton under Oregon's Elder abuse laws. Law Enforcement stood by, only to come to the conclusion, six years later, that the statute of limitation had expired to investigate criminal charges for Breach of Fiduciary, Aggravated Theft and Misuse of Entrusted Property. In spite of early reports of abuse from 1999, 2001, and repeated calls for protection thereafter. Neither Social Services in Clackamas County, nor the Abuse Intake Department of the Clackmas County District Attorney, to the Department of Justice, which is authorized to intervene in cases of Elder Abuse,"IF the Attorney General seems it of importance to the Community" took action.

Obviously, none of the above have heard about the Governor's Task Force to prevent Abuse and Exploitation of the elderly in the State of Oregon, nor do they seem to be aware of the "Elder Persons and Persons with Disabilities ABUSE PREVENTION ACT", because this victim did not get protection because of "lack of funds, and was discriminated against, for not being in the class of the "indigent".

SINCE WHEN DOES THE LAW APPLY ONLY TO THE INDIGENT? ONE HAS TO QUESTION, DOES LAW ENFORCEMENT CONSIDER ONLY THE ILLEGAL IMNMIGRANT IN THIS COUNTRY FOR PROTECTION FROM UNLAWFUL ACTS?

MY property has been forcefully taken by legally enforcing an unconscionable contract, OBTAINED UNDER THREAT AND INTIMIDATION AND FRAUD, having taken an elder citizen's financial security. Law Enforcement and Social Services have allowed the perpetrator of a breach of fiduciary, an attorney-in-fact, who violated a Power of Attorney after it had been revoked, to have free access to a valuable piece of Inheritance during the victim's lifetime without consideration.

It is against any moral and ethical standards, and against any existing laws to cite lack of funds, or classify a complainant, asking for protection, as inelligible because they do not fall into the class of the indigent.

Having taken this case to court in order to seek justice, two attorneys' were subjected to threats and intimidation, by a Judge in Clackamas County, as well as by the Defendant's attorney, with sanctions, if they were to pursue a lawsuit under Oregon's existing law for Elder Abuse and Financial Exploitation and request for JURY TRIAl, which was filed on December 10, 2004, and withdrawn under threats on March 23, 2005.

Even though no longer before the court, on March 28, 2005, a Judge in Clackamas County Court "DISMISSED" the case, in an legally unprecedented move to block any further attempt to file the lawsuit in Mulnomah County.

Not only were two different attorney's threatened and resigned from the case under pressure of sanctions, even though under law they did nothing wrong, had a "basis in law and fact" but for abuse by this judge, who consideres Elder Abuse and Finnacial Exploitaiton, a frivolous lawsuit.

As a citizen of the State of Oregon, everyone should have a right to legal representaiton, without attempts by a member of the Judiciary or a member of the Oregon Bar Association, to intimidate, and threaten sanctions to effectuate a withdrawal of representaiton on a factual and well grounded legal argument, for any violation of law, especially Elder abuse and financial exploitation under Oregon Law.

In fact, Oregon 124.990 makes it a criminal penalty not to report and investigate a Class A Violation.

This should make any citizen wary of protection under law, and rightfully question who is to enforce a violation, if even the Oregon Department of Justice stands by and allows a citizen's rights be violated for lack of funds, discrimination or interest.
There is help... 06.Aug.2006 05:01

Sixpack wabc@mutualaid.org

Here's an activist group in Portland that even helps elders navigate bureaucratic paperwork in order to protect them from abuses. I suggest you visit the web page and consider emailing them for help or suggestions. They really do spend time and effort to help with a variety of issues that effect the elder citizens. I speak from the first-hand knowledge of collaborating with them for an elderly man I was assisting with legal work, and they know their stuff.

ELDERS IN ACTION
 http://www.eldersaction.org/


HOW DO YOU GET LEGAL REPRESENTATION? 23.Aug.2006 09:03

LORI GENTRY gentrys8@msn.com

how is it possible to get legal representation when you as a senior are not allowed to choose where you live, who you are permitted to see, much less pick a lawyer to assist you when your court appointed guardian does not allow you any priveliges? that is criminal. please help me to understand how in america our senior are discrimated on because of age.

Elder abuse 23.Aug.2006 09:25

EML eelitvin@verizon.net

THis article on Elder Abuse by the Oregon Law is exactly what has happened to a friend of mine, Marjorie Coyne. She has been under an appointed guardian simply because she has no living relatives and has been confined to Cedar Crest, a facility for Alzheimer's patients, for over two years, simply because it is locked 24/7 so she can't "escape" and so no one can take her out. A friend is being accused and sued because they are just sure she was trying to take advantage of the elder lady. She was doing her best to provide Marjorie with a "family"; hers, Yet what the guardian has done has taken everything of Marjorie's away from her and kept her from all her friends and her church, to the point of needing every bit of whatever resources Marjorie had, to keep her locked up until Marjorie has absolutely nothing. Is the one accused but not substaniated crime worse than the actual taking of everything from Marjorie? I believe what they have done is a CRIME of gigantic proportions. I appreciate that there is someone willing to fight against the injustice to older people. I am not against helping but to take advantage of them under the protection of the law is a crime that should be stopped. Thank you for wanting to

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