Real Estate Transfer From Elder Clara G. Fernandez

Clara G. Fernandez , grantee , for Trust of 525 W Lake Howard Drive Quitclaim deed Port Charlotte Property for consideration of $10.00

DCF - District Head Writes Letter to State Attorneys Office-

Mr. James Grible said, that after conducting his own investigation and meeting with his staff, that he believed that the minimum required two interviews required by DCF protocol had not being followed and that an abduction had indeed taken place.

Mr. Grible said on 12-17-05 that he had written a letter to the Key West State Attorneys Office recommending that take action be taken on this case.

One month after Al Jr. and Hart take over Clara's account it is in arrears

Motion To Dismiss Petition To Determine Residency

Motion to dismiss the Petition to Determine Residency of Clara Fernandez as this court(Monroe county) lacks jurisdiction to entertain same. Manuel E. Garcia , Esq.

A few months after taking over accounts , Clara account is being written off

Schemers take over Clara's Bank Accounts with POA dated Oct 29 2004

The account is inmediately overdrawn, and manager advises to close account let bigger checks come in and we have to pay for them

Dr. Aguinaga Pshychiatrist Evaluation 10-21-05

Full 6 page report available upon request

Dr. Rupp M.D. Evaluation 10-18-05

Full report available upon request

Hart Impersonates a Police Officer when caught Hiding in the Bushes

"On A String Being Pulled From One County to Another" Judge Von Hof 31 August 2005

15th Judicial Circuit Court Judge Gary L. VonHof August 31st 2005

Bone Density Test Worst After One Yr No Meds

Loud Disturbance, Sheriff called

After a disturbance, of very loud knocking on all the doors and windows officers were called. They came in and questioned Clara. Not really sure about the date of this incident. But it made Dr. Fernandez very upset, when he saw the police he thought they had come for Clara, and had a nervous breakdown and had to be taken to the Doctor and sedated

M.D. Report Dr. Boros 8-24-05

A Doctors Perpective

Dr. Nancy Kaplitz examined Clara after her return home observed .

a)Held against her will
b) Weakness due to disuse
c) Poor dentition
d) Does NOT appear to have been cared for approprietely when she was in West Palm Beach Dr Kaplitz August 11, 2005

Dr Gerth appeals for Calm Surroundings, Asks Clara NOT be moved From her Home

After examining Clara Dr. Gerth is concerned about her well being and ask that she NOT be moved from her home , and appeals for calm surroundings

Clara is Rescued by Fire Rescue and WPBSO

Emergency Guardian Appointed Letter Asking the Elder and Assets Be Returned

"An Example of Fraud is the Situation where one Influences a Testator that another Relative has stirred up Trouble."

The conclusion by a non-expert that a testator was under the influence and control of another is inadmissible. The statements or declaration of a deceased testator may be admitted to show state of mind.

The content of earlier wills may be admitted to show undue influence in a later will. While laymen and experts both are allowed to offer opinions as to testamentary capacity, they are limited in testifying as to undue influence.
- Irwin Perry M.D. J.D.

Comment 1. -
"the testator, misled by fraud, will often do so with pleasure and satisfaction."

Comment 2. -
"An example of fraud is the situation where one influences a testator that another relative has stirred up trouble."

Comment 3. -
"it requires much less influence to control the will of a person whose functional abilities have been severely impaired by mental illness or physical conditions which affect mental functioning." - Irwin Perry M.D. J.D.


An email sent to a family member from the Andy Thornal Co. accuses family members of stirring up trouble.





The Minimum Required Distribution is a routine transaction done every year and under the principals direction, POA and Contractual agreement. In Clara's absence the MRD was processed routinely as part of keeping Clara's and A.J.'s Estate running smoothly.





This deposit slip shows the Minimum Required Distribution going into the Elders account as a routine transaction and the funds going towards A.J.'s and Clara's health care, as was customary, this transaction, along with 5 years worth of credit card and bank accounts records was audited during a three month period and there was absolutely NO wrongdoing by the elders long term and contractual caregivers.

DCF Writes Back Re: Mr. James Grible Investigation

Overdosage of Medications

Drugs given " At Dosis MUCH higher than commonly used for a person her age: Dr Aguinaga MD

Fla Statues 709.8 Section 9 Power of Attorney and Incompentency

.... or if in the case of a Durable Power of Attorney ,that no Petition for Incompetency or Guardianship for Mental Incapacity be filed. Fla Statues 709.8 Section 9 . Clara G. Fernandez Filed a petition for Appoinment of Emergency Temporary Guardian filed on 14th April 2005 rendering all powers of attorney invalid according to Fla St 709.8

Court Appoints Emergency Plenary Guardian

On July 20th, 2005 the court appointed a Emergency Plenary Guardian, Dr. Manuel Pena and asked that Clara's person and property be turned over to the court appointed guardian , yet the order is ignored. Could it be some people are beyond the law ? and if so Why ?

Emergency Temporary Guardianship Orders

Order Appointing Plenary Guardian of Person and Property, Angela McClain

July 4th 2005 Drinking , Pushing and Falling

With alchohol flowing freely, and Clara under a cocktail of sedatives, is it any wonder that she is hospitalized often for falls. such as this Independence day emergeny room visit for a fall.

Clara had been told " Your Husband is Dead"

Vulnerabilities of Victims Impede Detection of Abuse

preexisting cognitive deficit such as dementia not only impairs the ability of victims to communicate but potentially compounds the trauma of the sexual assault.[9] The vulnerability of this population places them at unusually high risk for severe traumatic reactions to assault, researchers assessed, noting that 11 of the 20 victims died within 12 months of the assault.[10] Many of the victims remained silent about the attack—the incidents came to light only after suspicious signs or evidence were noted by a staff or family member.[11]

Catherine C. McNamee is a Social Science Analyst at the National Institute of Justice. Mary B. Murphy is the Managing Editor of the NIJ Journal.

Order Transferring Case to West Palm Beach

Objections to Jurisdiction,Service Of Process and Venue 'Garcia' May 23 2005

A Eye Witness Account of the Drugging!

Transfers on the Increase: - Report Elders Affairs

With transfers from one setting to another often on an increase, cognitive deficits and decrease in functionality ability can arise.
-Roberta Matranga BE Dept. Elder Affairs May 3 2005.

Important Medications Were Being Withheld

When questioned regarding her spouse she believed he was deceased.

Deliberate Isolation

I said " I really want to speak to Clara", he says," No," Angela McClain

Angela McClain, Clara's court appointed guardian , I said " I wanted to speak to Clara," and he said that " he couldn't let me speak to her ."

Clara's granddaughter "Have you been able to speak to your grandmother since that time? "No I have not." Jessica C. Fernandez

Isolation mean any of the following :

1. Acts of intentionally committed for the purpose of preventing and that do serve to prevent, an elder or dependent from receiving their mail or phone calls.

Clara Was moved to Winter Haven

Petition For Appointment of Emergency Temporary Guardian, Dr. Manuel Pena M.D.

Petition For Appoinment Emergency Temporary Guardian filed 14th April 2005