October 18, 2020
Dear Grandpa Charlie,
At the outset of the Trial on the Merits of a permanent guardianship for Charlie, held May 22, 2018, Judge Rickhoff knew that if he asked the right questions, Laura would be shown to be Charlie’s (common-law) wife. So instead Rickhoff asked if Laura was legally married, to which Laura could only answer ‘No.”
At the May 22, 2018 Trial on the Merits of a permanent guardianship for Charlie, Probate Judge Rickhoff asked Laura to testify to a mixture of fact and law, which a lay person is not equipped to answer.
Acting on her attorney’s advice, Laura said she wasn’t married.
However, two basics points of law remain:
The Texas State Supreme Court rejected without comment an appeal of Charlie Thrash’s guardianship case, which means it’s more imperative than ever to sign the petition to Free Charlie Thrash now – before it’s too late!
“Appellants respectfully submit that this Court’s resolution of this appeal will determine whether senior Texans subjected to guardianship proceedings like Charlie Thrash can realistically expect to be treated with dignity and respect by Texas courts or whether their fundamental human rights and/or constitutional and/or statutory and/or common law rights, privileges and immunity may be summarily denied, while their property is used to pay their guardian’s attorneys to thwart anyone, who gets in their way.”
~ Attorney Philip M Ross, writing on behalf of Plaintiffs Charles Innes Thrash, Brittany Martinez-Thrash, Laura Martinez-Thrash, and himself
As of October 8, 2020 the Texas Supreme Court has resoundingly answered, “NO, You cannot expect to have any of your rights respected in a guardianship in Texas.”
Simply put, in all 50 states, judges are responsible for 100% of all guardianships.
While anyone can apply to be the guardian of another human being, only a judge can approve the application for guardianship, and issue Orders of guardianship.
Therefore only one person can end a guardianship – and that is a judge.
Oscar Kazen could decide to change his mind at any point in time, and revoke the guardianship over Charlie Thrash. It is disturbing to see that Oscar refuses to correct the legal errors that occurred under his watch (since Jan 1, 2019) in Bexar County Probate Court No 1. Oscar refuses to entertain any idea but to continue the legal actions currently ongoing in his court, which have the effect of draining Charlie’s estate to pay for all the lawyer to argue that Charlie must be kept in a guardianship.
Meanwhile, anyone who wants to see Charlie released from the guardianship is barred from participating in Oscar’s courtroom, unconstitutionally and falsely denied legal representation, while the abuse of Charlie Thrash, as a human being, and the abuse of Charlie’s money by the court-appointed guardians, steamrolls ahead, without even missing a beat.
That depends upon either Shavano Park resident and neighbor of his appointed guardian, Judge Oscar Kazen, OR a higher court considering the different appeals pending in this case, deciding that Kazen’s incorrect Guardianship Orders, based on omitted sub-paragraph (d) in §1055.003 and omitted sub-item (a)(5) of §1051.104, deserve, in the interests of the Law being correctly administered, to be immediately overturned, thus revoking Kazen’s Orders of Guardianship of both Charlie Thrash’s person, and of his estate (money.)
We don’t want to dwell on any unwanted outcomes, but we remind everyone that at 82 years old, Charlie Thrash is the oldest participant in this ‘legal’ guardianship proceeding, and therefore most likely has the least amount of time left, than the rest of us.
Is it possible to receive any respect for one’s personal wishes, once a person becomes older, and needs assistance? Or, are we all doomed to be fleeced by our neighbors and their predatory representatives, instead of being allowed to age gracefully, with dignity, and with respect?
In Shavano Park, Texas, as things stand now, we’re no longer sure of the answer to that question.
Because you can’t put a wealthy person into guardianship solely by hiring one of the most expensive teams in town, supplemental attorneys were brought in to help bolster Tonya Barina & Mary Werner’s legal arguments.