Wednesday, April 20, 2016

A guardianship is defined by Statute.

Rosanna - 

You asked about what effect a trust would have as it relates to a guardianship.  Let us define terms:

A guardianship is defined by Statute.    Most statutes require that a guardianship only be invoked to provide a reasonable accommodation (or assistance)so that an elderly or disabled person can continue to enjoy the fruits of being an American citizenship.

A trust is an entity that is created by the settlor for the purpose of addressing a particular purpose.   A common type of trust is a support trust.   This trust is a separate entity such as a corporation or a partnership is a legal entity.   The trust depends on a document entitled a trust agreement.   This agreement determines the parameters of the trust.  A principle of trust law is that a trust never dies for want of a trustee.    The trustee is a fiduciary and his role is strictly governed by the trust document.   A trust can be amended only if the document provides for amendment and it has to be done in accordance with the document.
Many trusts point out the law that is to govern the trust.   The intention of the settlor is the governering standard.

In the Alice Gore case there was a trust.   This trust was duly funded with substantial property.   A corrupt judge and a corrupt guardian (and guardian ad litem) usurped the trust res and literally stole all the assets of the trust so that Alice could be spirted to a facility owned by a relative of the guardian ad litem and the assets stolen.   

If a Court in your State is doing the same thing, please notify law enforcement as even with a Court order the theft by a fiduciary is unacceptable and needs to be prosecuted.   When a copy of the Gore trust was delivered to me, I sent an e-mail to the IARDC, States Attorney and law enforcement concerning the theft.   Of course Mr. Larkin was sent this information previously by the Gore family, but as he is engaged in a cover-up he and the Illinois authorities do not seem interested in enforcing the law or protecting the elderly and disabled from elder cleansing (i.e. abuse, exploitation, confiscation of property, isolation).   NB.  Because of his cover-up Larkin owes taxes, interest and penalties on 1.5 million dollars from the date of the theft.    I've notified the United States Attorney General's office and the FBI so that they can collect the taxes.   (in a similar manner - if money was stolen from your father's estate by a court appointed guardian all involved owe not only the money back but the taxes on every dollar missing).

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