This is affadavit from Twyla just after the initial criminal bulls from Clark County
I, Twyla Oaks, have no knowledge that the Power of Attorney granted to me by Frances P. Finch has been legally revoked, per NRS 111.450, item 2. Per said Statute, I only have knowledge that POA was fully in effect from having attorneys in Georgia checking on it.
I have not acted in difference to the Family Court. The Family Court has not acted in a legal manner to effect proper revocation of the POA. This is a further example of the unconstitutional acts that have been perpetrated against us.
The item used to initiate this entire farcical series of felonious events, the police report, is inadmissible and criminally malicious. According to NRS 199.130, “a statement of what one does not know to be true is therefore known to be false.” This constitutes that the police record is false evidence. The report also contains prejudicial statements: the police officer, Lisa, tells Twyla “we do not live this way.” Lisa should have had no pre-determined idea of how we should live. Also, my husband and I are referred to as Mr. And Mrs. Rogers, Twyla Rogers, and “Officer” Oaks. The only thing that is true in the entire report is that we left the house that day – to the doctor for a surgical follow-up visit, while Frances was asleep. The same detective that said to me in front of Shelley Henderson and a uniformed police officer in my house was: “this is obviously not a case of neglect or abuse,” changes her mind and puts in writing, false accusations. Offering false evidence is a felony according to NRS 199.200. This entire case is based on a falsehood. I therefore pray this entire case be dismissed and the Public Guardian’s office be given a restraining order to keep at least 500 feet from Frances Finch, our property, and us.
We in no way abandoned or vacated our house. Our children had a track break combined with spring break, which gave them three weeks vacation. Russell has been forced to take FMLA leave, to deal with this emergency. We simply packed enough clothes to take a two to three week vacation, placed our dogs in a kennel, asked our neighbor to get our mail and went on vacation. The only intent of this vacation was to try to raise funds from friends and family “back east,” to pay the ungodly legal fees to our attorneys. We demand that the entire eviction process be deemed unlawful and we receive treble damages for the extra damages we have incurred. We demand to see the statute that was used to facilitate this eviction, since the Public Guardian only had temporary guardianship at this time and we were never tenants of this property, but owners, based on Frances’ wishes, shown in December 1999. The person who accused us of vacating our house was incorrect. All actions taken against us as a result of this are completely illegal, have caused us great suffering and damages, both financial and personal. We fully intend on filing charges.
If, for some reason, we cannot have the trial dismissed, we move that Commissioner Henry and Judge’s Lueck and Voy be deemed biased and prejudiced and that this trial be moved to civil court.
Two thirds interest in the property at 7196 Mira Vista St., Las Vegas, NV 89120, was given as a gift from Frances P. Finch to me, her daughter, Twyla F. Oaks and her son-in-law, Russell D. Oaks, of her own volition and full knowledge, via quit-claim deed. This was done in the presence of Attorney Barry Levinson. Frances was ready to have the deed recorded immediately but I said to wait until we researched the financial and taxation impact of being on the title with Frances. I stopped the deed from being recorded and subsequently, I asked for it to be filed, according to Frances’ original wish in December, 1999. No Power of Attorney was used in this act. Simply, fulfilling Frances’ oral request. Even it the POA had been used, it was completely in effect, thanks to Commissioner Henry’s not sending the revocation order to Fulton County, which she could have easily done, since we had provided the document to the Public Guardian’s office through their attorney in January of this year (book and page number…). This is a completely legal transaction, unlike almost every thing the public guardian and her attorney’s have done.
The property located in Georgia was moved into a LLC for protection purposes only, in accordance with General George G. Finch’s last will and testament and Frances’ verbal request, prior to her contracting dementia via the following process: upon arriving in Georgia, we went directly to the Fulton County Courthouse and inquired on the validity of Frances’ Power of Attorney naming Twyla Finch Oaks as her Attorney-In-Fact. We found that no encumbrances or revocations had been levied, so we obtained a freshly sealed, certified legal copy, created the LLC, and transferred the title via Warranty deed, utilizing the valid Fulton County Power Of Attorney, see NRS 111.450, item 2. Frances’ Power of Attorney requires that I act in ways to protect her assets. I am simply conforming to Frances’ Power of Attorney by protecting the building from premature sale and sure mis-management that we feel will happen if the Public Guardian has control of said property, per Nevada Statutes. Furthermore, General Finch’s will clearly states that the building is not to be sold during Frances’ lifetime. No rental funds have been entered into the LLC bank account, due to the Public Guardians interference. I will deposit rental payments into the LLC account and be more than willing to prove I am properly managing this family asset. I have also been advised by highly competent attorneys that the property located within the state of Georgia falls under the jurisdiction of Georgia Real Estate Law and that protective actions taken by us were well within legal parameters. We have full confidence that the Public Guardian Will sell this property (if) as soon as they get their hands on it.
Furthermore, Frances’ Power-of-Attorney clearly states that it can only be revoked by her written instrument, not withstanding her mental incapacity. It also clearly names me, Twyla F. Oaks, to be her Guardian, without bond. This is also directed in both of Frances’ wills. Not having been found guilty of a Felony, I have every right to petition for legal guardianship, pursuant to NRS 159.059. I have only heard of criminal charges which boil down to their only being used as leverage.
We question the actions taken by the Public Guardians office and their attorney, Shelley Krohn. We aver the following discrepancies, both legal and moral, have been performed by said entities: Frances’ Power-of Attorney has never been read by their office, Frances’ last will and testament has never been read by their office, General Finch’s will has never been read by their office, the Public Guardian’s Office has NEVER been granted permanent guardianship according to the minutes of each hearing and the PG’s office knows this. The PG’s office, knowing they only have Temporary Guardianship, per affidavits from Shelley Krohn and Kathleen Buchanan, where they both reference “pending Guardianship,” ( which constitutes their admitting there is no form of permanent guardianship at this time), have broken quite a few laws as a result of either illegally obtaining permanent guardianship, proven from Shelley Krohn’s letter/reply to Ms. Wachsman, stating that “they acted prematurely when her office requested permanent guardianship, and that it was an accident” (it’s actually a felony...) or by sending letters of permanent guardianship to creditors, banks, etc. without having been granted said level of guardianship.
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Here is an affadavit from a friend of ours that knew us very well.
This was furnished in an attempt to try to protect household goods and furniture that was stolen and sold at auction anyway.
I,
Name Withheld, do hereby swear that I have knowledge of Russell and Twyla Finch Oaks’ personal and full ownership of the items listed herein.
My husband, the deceased Colonel James ... and I accompanied General Finch (alone) on many trips to Europe and the Orient where General Finch told my husband and I he was purchasing items for his daughter, Twyla.
General Finch did purchase items for his wife, Frances, but these were primarily clothing, handbags and shoes, as these were the types of items Frances most enjoyed and appreciated.
While in Japan, General Finch had a Silver and Mahogany Meat Cart, made for Twyla.
General Finch also purchased a oriental carved bar with matching stackable tables, two large carved trunks, two large painted clay elephant stands, two oriental Foo Dogs, two large blue and white oriental vases, a black Carltonware Tea Set, a small teak server/buffet with a sliding top, and a Mt. Fuji silk picture, for Twyla.
While General Finch was in Japan after WW2 helping them to rebuild their economy, he made very good friends with the Noritake family.
The Noritake family sent him many plates, saucers, and vases over the years.
General Finch told me these items were for Twyla, since she was already showing interest and appreciation for them.
In Thailand he bought two blue and gold silk pictures, two prayer/pagoda rubbings, two red and gold prayer panels, solely for Twyla.
In Morocco, General Finch purchased two large brass trays, one large copper tray, and four large brass candle sticks for Twyla.
He also purchased some brass stand telephones there for her.
In England, at the London Silver Vaults, General Finch purchased silver candle sticks, silver candelabras, various silver trays, a silver Lazy Susan, silver salt and pepper shakers, and a silver Punch Bowl, specifically for Twyla.
At another store, he purchased Twyla a very large Hepplewhite Breakfront and matching Buffet.
He also purchased a mahogany claw-foot breakfront, and a mahogany Tea Cart for her there.
Other items purchased for Twyla in England were a Brass Cash Register and an old Roll-top desk, with a green felt desktop surface.
He also purchased her an old orange metal shield and two very old wooden carved shields there.
In Germany, General Finch purchased for Twyla a very large old carved wooden bar, made in Poland, and various scenic pictures of German countrysides, castles, and cities, and a few carved wooden German plates.
He also purchased Twyla a lot of Hock, multicolored glasses.
He purchased her a November (for her birth month) Goebel Figurine and at least twenty more Goebel / Hummel Figurines.
In Switzerland, General Finch purchased for Twyla an ornate jewelry box – with inlaid wood in the design of a flower.
He also purchased her watches and jewelry.
Other things General Finch purchased for Twyla were an old wooden phone, for her playhouse.
I spoke with Frances prior to their moving out to Las Vegas and she told me that the only items that were being moved out to Vegas that belonged to her, were her bedroom furniture, her clothes, her shoes, and her handbags.
She said that they had just had a garage sale and that she had sold most of her household items, but that was ok because the kids, Russell and Twyla, had enough furniture to furnish the house they were moving into.
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