The Court of Protection

One signature from a social worker certfies you as mentally incapacitated, then Office of the Public Guardian takes charge of your assets.

BRITISH COLUMBIA, CANADA, OCTOBER 30, 2010: This story comes on the heels of Britain’s slipping index rating in the Global Corruption Report for corrupt governments. The UK ranks 20th on the index, compared with Denmark’s squeaky clean No. 1 position1. Without John Hemming, MP, perhaps it would rank even lower on the corruption scale.

John Hemming, MP, is a decent, honest Member of Parliament in the UK. He is trying to help the many thousands of people who have suffered losses, both financial and emotional, through the Office of the Public Guardian and the Court of Protection. In addition, he is helping thousands of others whose rights are being violated by the Family Courts, many of whom have had their children snatched by the social workers who work on a quota basis to arrange forced adoptions for the British government. There are 8,000 of these forced adoptions a year in the UK. Child trafficking is also a problem in the UK, and elsewhere. John Hemming, MP, works hard for the people, but he may be swimming upstream against a convoluted and corrupt judicial system.

In the UK, once a person has been certified as mentally incapacitated under the Mental Capacity Act 2005, often with the signature of only a social worker instead of a doctor (only ONE signature is required in total), the Court of Protection, together with its right arm, the Office of the Public Guardian, takes charge of people’s assets and, for the most part, liquidates them, depositing the funds in the Bank of England for only a 0.5% return on investment The incapacitated person is referred to as a “donor”, and a Deputy (or Power of Attorney), who is usually a fee charging solicitor, is assigned to administer the person’s affairs. Family members are discouraged from acting in the capacity of Deputy. Meanwhile, the Deputy and the Court of Protection charge exorbitant fees for service, until the capital is reduced to nothing.

In many cases, although the Deputy’s powers cease at the moment of death of the “donor”, unscrupulous deputies have been known to proceed to act illegally, and without authority, as executor of the “donor’s” will, when they have never been appointed in that capacity. They have also been known to distribute assets while the person is still alive, or create a statutory will when one already exists that expresses the “donor’s” wishes and where the “donor” has already appointed an executor. The Court of Protection takes it upon itself to reverse the “donor’s” explicit wishes, which have been made during a period when the “donor” was of sound mind. In other cases, where the 0.5% interest on assets, and the exorbitant court and legal fees have totally depleted the capital of the donor, the Deputy simply refuses to act, because there are no resources left to pay him/her.

Once under the Court of Protection, the “donor” loses virtually all rights – even the Right to Family under Section 8 of the UK Human Rights Act has been violated, and it is virtually impossible to break free of this court, especially as it would be against the Deputy’s interests to follow due process to enable the “donor” to be certified as having returned to good health. Two doctors’ signatures are required to “decertify” a “donor”. Were this to happen, the Deputy and the courts would lose the lucrative business.

Some might say that the Mental Capacity Act and the Court of Protection is reminiscent of the Witch Hunts of the Middle Ages, when elderly ladies were accused of witchcraft in an effort to steal their properties, and deny them their liberties.

The Mental Capacity Act 2005 is routinely employed by police in an attempt to suppress contentious litigants when Contempt of Court judgments, Vexatious Litigant judgments, and all else fail to keep them quiet about their complaints of fraud through the courts. Such complaints are happening on a very widespread basis and have been occurring for as much as twenty-eight years, in Patrick Cullinane’s fully documented case, of false debt charges brought by Her Majesty’s Revenue and Customs. http://www.youtube.com/watch?v=eFakScc9Z80

This is Britain today – the Britain that thousands died to protect in two world wars. As November 11 approaches, we will remember them, and the liberty and justice for all that they fought and died for. Some of them are now under the control of the Court of Protection. May God help Dad.

Families of the victims in these cases are prevented from taking legal action against the fraudsters, due to a Memorandum of Understanding (an agreement between two non-governmental bodies: the Law Society and the Association of Chief Police Officers of England, Wales, and Northern Ireland). This agreement between the two parties effectively stops fraud investigations against solicitors in many cases, and police refer to the fraud, perjury, and forgery as “a civil matter” and therefore fail to act.

Some might see this as a conspiracy to pervert the course of justice. Others might see it as a Breach of Trust, or violation of their rights to police protection.

On October 28, Mr. Hemming posted this blog entry: http://johnhemming.blogspot.com/2010/10/secret-prisoners.html

See also: http://rowlands.maars.net/?p=6325

Public Guardianship fraud is being reported around the world at an alarming rate.

Return to contents list.


Copyright © 2010 - Ian Johnston
All Rights Reserved.
E-mail ijjohnston@totalise.co.uk