[On 1/26/12], I hand delivered a copy of this proposed legislation to Senator Mae Beavers, Chair of the Senate Judiciary Committee, and to Senator Joe Haynes. At a luncheon that was addressing an amendment to the Tennessee Constitution pertaining to the Tennessee Plan, a plan that is utterly unconstitutional, now there is proposed legislation to amend the Constitution to fit the law they’ve been breaking pertaining to judicial selection. Senator Beavers has championed judicial reform and is for judicial election, not selection, which is consistent with the Tennessee Constitution.
A miracle occurred when Senator Beavers addressed the issue of Conservatorships and the complaints that have come across her desk addressing the abuse of this Conservatorship Code.
The fundamental problem lies in the venue where this law is adjudicated, the Probate Court. A law of preservation adjudicated in a court of liquidation. The Probate Court is the venue where the deceased’s estate is liquidated and divided amongst the heirs, yet this same court has been vested with the authority to adjudicate a law protecting the assets of the incompetent. It’s an utter contradiction in jurisprudence.
Please read and consider this legislation. It’s a reasonable and logical proposal. The probate court is the wrong venue and there are inherent conflicts of interest with this law being adjudicated in the probate court.
I’m calling on each and every one of you to do your part to effect change. Not often does a legislation like this require from a moral imperative. We don’t all have the responsibility to stand up and choose sides over every issue that comes down the pike, but we all have a moral responsibility to stand up for those that cannot stand up for themselves, and there are countless legions of elderly victims, locked away and silenced while there estates are looted before they are in the grave. This is the moral imperative and I challenge you all to make the calls, write the letters, send the emails and let your voices be heard.
“All power is inherent with the people…” (TN Constitution)
Now is the time to remind our public servants who possesses the power. ”We, the people…”, that’s who. And in this important moral issue, we must all take a stand to protect those who cannot protect themselves. The adjudication of this law must be removed from the probate court and put in a venue where its intent can be faithfully effected.
Full Article and Source:
Pauper v. Probate: Proposed Legislation for Reform in Conservatorship Adjudication