Thursday, October 14, 2004

Complaints to Florida District of Children and Families (DCF) are still being Investigated

Complaint filed with Florida Division of Children and Families on January 19Th 2006 from Angela McClain that went unanswered, the agency has not written or called Mrs.McClain and she has heard absolutely nothing from this agency as it has been at least two years since she filed! {"Prolonging the Elders suffering and uncertainty."}

As the court appointed guardian of the person and property of Clara G. Fernandez, Angela McClain is concerned that all parties have NOT turned over the assets to the Guardianship,
and the elder will be left destitute as a result.

The U.S. National Academy of Science defines Elder Abuse as ;
Financial Abuse - Misuse of an elderly person's money or assets for personal gain. Coercion (changing a will, assuming power of attorney) constitutes Elder Financial Abuse.

{"Refusing to turn over an Elder's assets to the guardianship, as ordered by a court, falls under the category of Elder Abuse according guidelines as set out by NCEA. "}

Angela McClain feels she has a genuine complaint, yet she believes her complaint was never addressed by the DCF as she has never heard a word from them as to what to expect in going forward. How can ordinary citizens expect get help from the Elder Abuse Hotline if the complainants, such as the one in the case of Clara G. Fernandez, have yet to receive a formal reply from the DCF?? {"In the two years that have passed the DCF has yet to reply and put a stop to this continuing "well documented" case of elderly abuse."}

An initial complaint was filed during October when Clara called her family in Key West and complained of not having any phones available in the house she was being held in, and she wanted to come home immediately. Thus, arrangements were made with Laurie Borguss to pick Clara up and this complaint was filed with the DCF .

A call was received from the supervisor at the Bartow- DCF office on December 24Th 2004 , she explained that the agency had no 'police powers' and that there was nothing that she could do .

'She recommended we get a guardianship order before a judge' which was done, but by then it was too late for Clara as she had been totally incapacitated by then and her husband perished from the stress of the situation.


Anonymous said...

What your blog does is exemplify what blogs should do... be a voice for the voiceless, and a powerful one at that.

Anonymous said...

Re: Woman pleads guilty to financial elder abuse in Tigard
Thank you for your article. My concern is who/what agency is going to oversee the County Public Conservators /Guardians and agencies like Adult Protective Services and the Ombudsman Program? Our relative was under a forced conservatorship. She was living in a board and care when the county took control. Our next of kin wanted more than anything to be with her family. We, her only next of kin and power of attorney were bypassed for no reason. With no trial and no sworn in person witnesses or testimony, the County conservator became the conservator. I think that states should not use county conservators at all but should only use private conservators--and that all forced conservatorships/forced guardianships should be subject to a jury trial and/or banned. I think that if there is any abuse suspected, the police should be called in rather than "agencies" like Adult Protective Services or the Ombudsman. Those agencies often do nothing or worse, can be biased or not competent or out to meet "quotos". Our relative, victim, died in state custody physically, mentally and financially broke. Where was the agency to help? Thank you for your story. Every story on this sad subject helps others become aware.

John Sutton

Anonymous said...

DCF is not nterested in keeping families together, why else would they condone the separation of your mother and father, they had an opportunity to re unite then when in Winter Haven, they apparently are moved by a diferent agenda.

Anonymous said...

yes, local politics, no doubt pay a large influence, in how they move and they decisions they take

Anonymous said...

How long has this been going on, and have you had any help from the DCF?

cyberray said...

for 2 1/2 years , no we had absolutely no help from anyone what so ever,my elderly parents had some help from Visiting Nurse
associations, that is about it.