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THE CAREGIVERS BILL OF RIGHTS

Calling for reform of the legal system in probate law:

WE MUST BEGIN THE CAREGIVER BILL OF RIGHTS WITH A CALL TO STRIKE DOWN THE UNCONSTITUTIONAL SLAVE MONGERING "FAMILY MEMBER RULE."

A SECOND EMANCIPATION PROCLAMATION IS CALLED FOR TO FREE FAMILY MEMBERS FROM THE SLAVERY AND INVOLUNTARY SERVITUDE OF THE "FAMILY MEMBER RULE".

(No one that I, personally, know in America believes they own their children as chattel, or siblings are entitled to own each other as chattel.)

SECOND, IN ANY LEGISLATIVE REFORM OR PROBATE REFORM WE MUST HAVE THE CAREGIVER PROTECTED UNDER THE UMBRELLA OF THE LABOR DEPARTMENT. AND BEFORE ANY WILLS AND CODICILS CAN BE RESOLVED THE CLAIM OF A PRIMARY CAREGIVER MUST BE SATISFIED.

1. Above all things the Prudent man rule must sit as a foundation upon which all judicial discretion hinges, if we ALLOW judicial discretion.
2. The court must mitigate expenses of the poorest litigant.
3. The court must ensure that no beneficiaries who did not participate in the care of the parent, is unjustly enriched by another’s labors.
4. No Professional Trustee may control venue:
   
   a. The power and influence of a Professional Trustee must be considered in the venue.
   b. The case must be heard in the jurisdiction where the Will was drawn and where the principles involved in the CAREGIVING resides.
5. Any estate valued under $5,000,000 that comes under a caregiver dispute must be arbitrated. This will ensure a fair settlement without the ruinous need for exorbitant legal expenses which can ruin the future of the senior citizen caregivers who depend on the inheritance for their future economic well being, as well as, expedite the proceedings.
6. The arbitration shall be conducted without lawyers, there are to be at least three arbitration experts and their credentials shall be in labor issues, social service areas and be of good standing in the community. The burden of proof shall be on the claimants against the caregiver and their burden shall be to prove that the service was not rendered or rendered incompetently.
7. The Caregiver shall be compensated at the average of the prevailing wage for an equal service that is normal in the community or at the Caregiver’s discretion receive the compensation he/she is willing to accept whichever is the lesser.
8. No entity may impound or otherwise hinder the distribution of Will’ed assets in which the Caregiver is named beneficiary.
   (We don’t want a 70 year old man in court waiting for money for three to five years.)
9. Charities and Non-profits named in Wills and Trusts may not sue or otherwise use the judiciary to resolve disputes with a Primary Caregiver. They must submit their claims to an arbitration board, who will rule according to the Prudent man rule, equity and availability of funds, they may not make destitute any Caregiver (defined as a family member).

NB: Charities and Non-profits have great latitude in our country. We give them tax exemptions and other privileges above and beyond that of any ordinary citizen. They must hold themselves to a higher standard of behaviour in their interactions with the general public. They cannot be allowed to behave in a predatory manner against ordinary citizens. All our legislative actions in this regard have to be designed to neutralize their potential to do severe damage to ordinary citizens in their pursuit of money.

"Uncharitable Charities" wring the money out of a Caregiver

All Site Contents Copyright (C) Tito Abao (2002)