Saturday, August 24, 2013

'...That Basic Principle of Justice' Applies to Guardianship Abuse?

It is an elementary principle of jurisprudence in all civilized countries that before property or liberty may be taken from an individual he shall have an opportunity to be heard on charges brought against him.

This is a rule so universal in its application to all common-law, chancery, or statutory proceedings that there is general agreement that no court has power otherwise to divest a person of property or punish him. In fact, the recognition of that basic principle of justice is so widespread that courts are now seldom called upon to restore rights of individuals so ruthlessly taken from them.

Source:
Leininger v. Reichle, 317 Ill. 625, 148 N.E. 384; Heppe v. Szczepanski, 209 Ill. 88, 70 N.E. 737, 101 Am.St.Rep. 221; Botsford v. O'Conner, 57 Ill. 72.
 

6 comments:

Thelma said...

The courts are violating their oaths and not abiding by law.

Anonymous said...

Jduge Mary Margater McVeigh of the Paterson New Jersey Cahncery Court doesnt seem to mind trashing rights to due process when it comes to the elderly.

Why she has even said she chuckles when she reads posts on the inter net that are critical of her.

Joecitizen said...

'..before property or liberty may be taken from an individual he shall have an opportunity to be heard.'..
(now add)...
"And that property shall be taken from that individual to pay for an attorney to feign representation of that individual's voice." :)

Barbara said...

Yes, they are and people are suffering, Thelma.

StandUp said...

I'm with you, Joe!

Anonymous said...

It is profoundly outrageous that the guardian will use the funds they are stealing from the ward to defend themselves for stealing, kidnapping, and torturous isolation if they are taken to court. Does the ward even have a chance to decide their last meal or if they can be afforded at least a decent casket? The stories I have read are the saddest circumstances/
nightmares l've ever encountered in my life!