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Reprobate Minds think this is a person

Animals do things by instinct and do not reason. Humans reason, supposedly. Yet we cannot figure out what a person is. The Texas Code defines a person as property and corporations as people. That is why corporations have more rights than people. That is why we murder our unborn children. That is why we murder […]

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Washington SB 6235 Visitation Bill Protects Person in Guardianship

  I had the opportunity to review SB 6235 on visitation, along with a group of advocates who provided additional insight such that I am confident in my assertions. This Bill is supported by NASGA and sponsored by Senator Padden in the Washington Senate (“The Peter Falk Bill”). Catherine Falk and Marcia Southwick testified in […]

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Buyer’s Remorse: When a Deal for Mom’s freedom goes bad

Freudian slip 1. A verbal or written flub-up in which one says what one really meant, rather than what one meant to say, by accidentally adding or subtracting a word or substituting a similar word that means something that indicates what one really thinks. The phenomenon is named after Sigmund Freud, who first described it. […]

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The JBCC Complaint Board: dog and pony show!

  dog and pony show an elaborately staged activity, performance, presentation, or event designed to sway or convince people (from a derisive term for a small circus). Pretending to be something you’re not or doing something that you want people to think is important when it really isn’t. HR person showing the “new guy” around […]

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Judgment and Miracles!!

I can relate to David’s frustration in the Psalms that lament about the wicked prospering as the righteous suffered and wondering whether JUSTICE even existed anymore. The last three years of the Kabul that is statutory probate court have devastated my clients and traumatized me as well. Truly, we never saw it coming much less […]

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Why not call him VICTIM, Genius?

I am continuously amazed and bewildered by the writings of Terry Hammond, which vividly display his complete disconnect with the “wards” he purports to be “protecting,” if not disconnect with reality entirely.  My fascination and interest in what Terry has to say stems from the widespread acclaim he has received as some sort of hero […]

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Advice for parents in high conflict special needs cases

Someone recently asked in desperation how to win a contentious high stakes custody battle involving a special needs or autistic child, where the courts decision tends to be permanent or long term and winning or losing can be life altering for a child. I have several thoughts. I hope those facing this life changing struggle […]

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A Letter to the Judges about Title II Violations & The Spectrum Institute

Dear Judges: If you believe that the Constitutional continues to apply to “people” who have not been declared incompetent, then there should not be any limit on their right to pay and select their own attorney. Furthermore, under the Bar Rules, Effective assistance of counsel  includes the same duty to zealously advocate for the client, […]

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Guardianship: Your definition of “PROTECTION” is everything

My favorite Texas Advocate, Debby Valdez, rightfully concludes that in Guardianship, everyone but the person the law was supposedly drafted to protect–is protected. You have no idea how much protection is offered to the perpetrators of abuse, which keeps guardianship mired in organized crime at the expense of elderly and disabled victims, whose fate is […]

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Bill of Rights in Guardianship Texas

Seems our Legislature has just determined that elderly and disabled wards are American Citizens, after all. Well, sort of. SB 1882 law enacted for a ward’s Bill of Rights because lawyers like Sarah Pacheco think the Constitution does not apply in probate court. Yes she said that. While I do not think wards should have […]

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Money Talks~ Autism and Dementia Don’t Speak

“Money Talks, Autism and Dementia Do Not” Candice Schwager The Texas Estates Code qualifies the disqualified and disqualifies the qualified for Cash Cause No. 415959; In re Andrew Stephen Keith Guardianship (Probate Court 3) I am a licensed Texas attorney (1998) and certified attorney ad litem (AAL) bythe State of Texas. I graduated in the […]

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Is this a person?

Animals do things by instinct and do not reason. Humans reason, supposedly. Yet we cannot figure out what a person is. The Estates Code defines a person as property and corporations as people. That is why corporations have more rights than people. That is why we murder our unborn children. That is why we murder […]

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Guardianship: Jesus Take the Wheel!

nbsp;   “The Road to Hell is Paved with Good Intentions”I am such the fan of Terry Hammond, I had to reprint this. It’s also eerily frightening the thought of the Judiciary asleep at the wheel, which is Terry’s big plan..he he he. I’m praying Jesus will take the wheel. Anyone have a drumroll…. Here’s […]

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Texts, Emails & Social Media in Divorce

Electronic communications such as texts, email and even posts on social media sites such as Facebook and Twitter are fast becoming the most important pieces of evidence in divorce cases. In fact, 94 percent of 1,600 lawyers recently surveyed by the American Academy of Matrimonial Lawyers (AAML) claimed that text messages had increasingly become the […]

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Determining Primary Custody in Texas

Parents frequently asked “How is primary custody determined by the Courts?” The term “primary custody” is commonly used jargon to describe the Parent with the exclusive right to designate the child’s primary residence, since parents will be deemed Joint Managing Conservators in most cases (“JMC”). Joint Managing Conservator denotes the fact that both parents have […]

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Using Social Media to Deny Alimony in Texas

A trend has emerged in the context of Texas Family Law to refer to the opposing spouse’s social media accounts in search of “smoking guns” and obtain an edge. This practice has provided unbelievable evidence and is seen primarily in cases where the Parties’ estate is substantial and one party seeks alimony from the other. […]

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Child Custody in Texas: Standard Possession Order

In Texas, Courts almost always defer to the Legislature-created “Standard Possession Order,” which seeks to fulfill our State’s goal of promoting meaningful, continuous contact with both parents in the event parents divorce, as many do these days.  There are rare circumstances which may cause a Judge to veer from the Standard Possession Order found in […]

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Autistic Intelligence is not always what meets the I.Q.

 There’s more to the intelligence of autistic people than meets the IQ. Unlike most individuals, children and adults diagnosed as autistic often score much higher on a challenging, nonverbal test of abstract reasoning than they do on a standard IQ test. The same autistic individuals who score near or below the IQ cutoff for “low […]

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Family Law: Relocation in Texas

Relocation has been a hot topic for family lawyers and for some of their clients for a few years. Courts have also published decisions in this area. With litigation involving the right to establish the child’s domicile becoming prolific, the guidance offered by these decisions is generally well-received and considered long overdue. The first decision […]

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Special Needs Planning & Guardianship

As your special needs son or daughter reaches the age of the majority, 18, parents be aware of the need to begin transition services and obtain a guardianship so that you can continue to have access to information that would otherwise be confidential, make decisions on behalf of your disabled child, and receive State and/or […]

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Special Needs Trusts

A Special Needs Trust is a specialized legal document designed to benefit an individual who has a disability. This may also be called a Supplemental Needs Trusts, denoting the items upon which trust assets may be spent.  It is important to remember that a Special Needs Trust is a living legal document that is meant to not […]

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Special Needs Trusts: Autism

When it comes to creating a special needs trust for a disabled loved one of a client, too many practitioners focus only on the preservation of public benefits, says Stephen Dale, a disability advocate and specialist on estate planning. “Maybe 20 years ago that was good enough, but if that’s what you’re doing, you need […]

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