Corporations as guardians

[Satori]

So I'm in the law library doing a few odd bits of research, as I've become the legal Go-fer for a lot of those who know me. Someone asked me to look into forms necessary for "getting their stuff back from a conservator", so I'm prodding the whole mass of conservatorship statutes. I had to put this one up on Sui Juris, it's in California Forms of Pleadings and Practice, Sec. 280.43:

Nonprofit Charitable Corporation as Guardian

A nonprofit charitable corporation may be appointed as guardian of the person, estate, or both if all of the following apply [Prob. Code Sec. 2104(a)]:

• It is incorporated in California.
  
• Its articles of incorporation specifically authorize it to accept appointments as guardian.
  
• It has been providing, at the time of appointment, care, counseling, or financial assistance to the proposed ward under the supervision of a registered social worker certified by the Board of Behavioral Science Examiners of California.

You heard it right! According to the State of California (not, as they claim, California), a person can be put under the control of a corporation. Any doubts about the basis of persons as legal fictions should be dispelled. You wouldn't let a dog drive a car... but a toy car, maybe.

- Satori

[Judge Roy Bean]

Originally Posted by Satori

So I'm in the law library doing a few odd bits of research, as I've become the legal Go-fer for a lot of those who know me. Someone asked me to look into forms necessary for "getting their stuff back from a conservator", so I'm prodding the whole mass of conservatorship statutes. I had to put this one up on Sui Juris, it's in California Forms of Pleadings and Practice, Sec. 280.43:



You heard it right! According to the State of California (not, as they claim, California), a person can be put under the control of a corporation. Any doubts about the basis of persons as legal fictions should be dispelled. You wouldn't let a dog drive a car... but a toy car, maybe.

- Satori

No, a non profit, charitable corporation may be appointed as a legal guardian for someone in their care. That does not put them under the control of the entity, merely appoints a guardian to protect their interests.

The legal fiction BS does not apply.

[ndusa]

Originally Posted by Judge Roy Bean

No, a non profit, charitable corporation may be appointed as a legal guardian for someone in their care. That does not put them under the control of the entity, merely appoints a guardian to protect their interests.

The legal fiction BS does not apply.

Some people read what "they" think is law. There was a post in here about saying Jesus Christ in court, and people ran with that. The judge was upset over the outburst's in the court room, not what was said.

[David Merrill]

Originally Posted by Judge Roy Bean

No, a non profit, charitable corporation may be appointed as a legal guardian for someone in their care.

I love that kind of sophistry from JRB! Someone is not in their care until appointed - a chicken/egg argument is inherent in the sentence.* A career as a sophist has really honed this guy, I gotta admit.


Regards,

David Merrill.


* Unless the Judge is admitting that the State of California started off this scenario in a position of caring for all the people. Which would of course be admitting to the legal fiction BS not being BS at all. There is an inherent dichotomy of people; the People who created government and the people under the care of government.

[To me this is the reason JRB always insists that I am not David Merrill but am David Merrill Van Pelt. Good thing that only holds up (somewhat) over the Internet.]