Guardianships and the 13th and 14th Amendments

I am a publisher, a United States Citizen, and a Veteran. I contend, putting forth for argument, I have every right to publish and share my opinion. This post are opinions formed on court documents involving a guardianship in Hancock County, Ohio.

Let the record show I am publishing because I believe my life to be in danger and need to have something published as wrongful Prosecution also concerns me.

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Guardianship, in this particular case

A mother served as Guardian for her son, deemed an Incompetent Adult … and firstly, can we come up with a better way to designate this particular human being in this particular case as someone who needs someone to serve as a Guardian? …. for nearly 30 years. As the mother approached death, her estate attorney filed a Nomination for Successor Guardian, asking the Court to appoint her eldest son as Successor Guardian. This document was filed with the Court on February 1, 2023, thirteen days prior to the mother’s death.

Judgement Entry, “Interim” Guardian

Somehow, on February 10, 2023, the Court issued into Judgement appointing someone other than the nominated Successor Guardian as “Interim Guardian” ignoring, apparently, the Nomination for Successor Guardian filed nine days earlier. The judgment entry references a Motion filed by Linda S. Holmes yet no such Motion is part of the case records. Additionally, the Court has no evidence to provide Anyone for this Judgement Entry dated February 10, 2023. A human being was traded like real estate at the stroke of a pen and nobody has any evidence to provide anyone for this Judgement Entry. These are the facts and the facts are undebatable.

This Was Not “Emergency” Guardianship.

Pursuant to Hancock County Court of Common Pleas, Probate Division, Local Rule 66.3, “Emergency” Guardianships in an Ex Parte format states the following: 1) There must be a Statement of Expert Evaluation, which, in essence, is a several page Document signed by a Medical Doctor, stating the current Guardian is somehow “incapacitated”. 2) A Completed Next of Kin Form. 3) A narrative Statement Signed by the Applicant setting forth anecdotal information describing the imminent risk of significant injury to the (incompetent, in this case) justifying an “Emergency” ex parte appointment of said “emergency” guardian (another Document). 4) Compliance with the Court’s requirement with respect to background checks and credibility AND 5) Photo Identification of the applicant (For “Emergency” Guardianship).

A hearing, in “Emergency” Guardianship, must occur within 72 hours to determine whether to extend the Guardianship, given on an “emergency” basis, for another 30 days. First, the five documents required by this Court’s own rules, appear not to exist. Again, the Court has no evidence to provide anyone on the Judgement Entry dated February 10, 2023, trading a human being as if he were property. Again, I contend, putting forth for argument I have Every Right to Publish and share my opinions on Court Documents. The hearing was scheduled 17 days later. Finally, if Guardianship is extended past 72 hours, the “Emergency” Guardian must file an Application for Guardianship.

The shaft on the Death Star when it comes to an Estate

The mother’s estate included a human being. Her son with autism and other developmental disabilities was, in essence, being “willed” to her eldest son. The mother’s sister and maternal aunt of the two brothers, was able to, in my opinion, hijack the entire estate. There is no such thing as “interim” Guardian. One is either the Guardian, whether it’s for 72 hours, or 17 days. This case, above all else, in my opinion, can show how, especially in what can be considered “small town America”, no matter how sound someone’s documents are about the world left behind following their death, no matter how many high priced fancy attorney’s the soon to Decedent hires to make sure the process goes off “without” a hitch and their designated heirs “don’t have to worry about a thing, there’s always some bitter, greedy relative who can interfere, especially when there’s a half million dollars on the line.

“Incompetent” Adults Don’t get an Inheritance

A trust set up by the Decedent gets the inheritance. And, this “Special Needs Trust”, established for the “Incompetent” in this case also included a four bedroom, two and one half bath, completely paid for house. With the Guardianship, Comes the Special Needs Trust established after the “incompetents” mother’s death. Every court, virtually, in my opinion, requires a Guardian of an Incompetent and their Trustee, for any special needs trust, to be the Same Person. Listening to the maternal aunt state in court “she had no interest in the trust” was among the most ridiculous statements I’ve heard in my life time. With the Guardianship came the Special Needs Trust. Needless to say the eldest son appointed by the decedent, who passed February 14, 2023, was also appointed by his mother to be Successor Trustee of the Special Needs Trust established in 2017 to accept the deed to his house and his inheritance when that time came in the mother’s life cycle.

Is the 13th Amendment a Real Amendment?

Because, in my opinion, a human being was traded like property at the stroke of a Judge’s pen as if it were 1824 and we lived in Mississippi because the Court has No Evidence to Provide Anyone on what was considered in granting a highly Unusual “15 day interim guardianship” and ignoring a Nomination of Successor Guardian filed with the Court nine days prior. The whole point of a Nomination of Successor Guardian, in my opinion, is so bitter, greedy relatives can’t turn the estate into Civil War airing grievances decades old. In my opinion, either the 13th Amendment doesn’t exist, or, in this particular case, something happened violating other laws. I contend, putting forth for argument, Guardianship for Incompetent Adults, everything they have in place across the entire nation, is a form of Indentured Servitude and Violates the 13th Amendment of Our Constitution.

Is the 14th Amendment a Real Amendment?

The incompetent was traded like property at an ex parte hearing where neither he nor the nominated successor guardian were represented on February 10, 2023. Did the “incompetent”, living with autism and other developmental disabilities requiring a guardian and therefore, purview to the Americans with Disabilities Act, receive Equal Treatment Under the Law in this particular case? In my opinion, the 14th Amendment was violated when the Incompetent was traded like property at the stroke of a pen and, the American with Disabilities Act was violated by the Judgement Entry February 10, 2023, as the court, in my opinion, showed clear Bias toward the nominated Successor Guardian.

I do feel better with something actually published on this matter. Greedy, bitter relatives, lots of money on the line, I am a publisher and journalistic activities are not popular where I live (with 11+ years of investigative work on a myriad of local issues qualifying as news). The local establishment can come at me, it could be greedy, bitter relatives, etc.

And, Ohio, Findlay, Hancock County, you can’t put a wire tap on a publisher because he might publish something you don’t like.

A possible alternative explanation

Assuming the 13th and 14th amendments are indeed real amendments to our constitution, perhaps there’s another explanation. Let this record show the documentation sent via first class mail to the Federal Bureau of Investigation included copies of a FOIA request submitted in January, 2024. One would expect the FOIA request to be Acknowledged.

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Ignored FOIA Requests

One may never see any documents associated with the four different FOIA requests documented, however, one MUST see an acknowledgment of the FOIA request. A document stating something along the lines like “hey, we got your FOIA request and we are putting you in line out of the central FOIA processing office”. I didn’t do a very good job redacting my own information, however, y’all are either going to get in touch with me quickly or I won’t hear anything back and I can improve on the quality of the PDFs.

I wrote here about the folly of filing a grievance with the Ohio Disciplinary Counsel.