Tuesday, May 1, 2007

Elder Abuse - 'Cruel and Unusual Punishment'

Case: "Elder's nephew, Dr. Manuel Pena, to play a major role in his elderly aunts fate".

Dr. Pena did not know it at the time, but he was to be appointed by the court to act as Clara's emergency guardian and rescue her from the Isolation, and drugged state she was kept in, whereas she had made the comment that she "Did not know if she was dead or alive!"

In a concerted effort with West Palm Beach Sheriff Deputies, Dr.Pena was present during an early morning recovery procedure to extricate Clara G. Fernandez.

She was found in a 'drug induced state' and 'near death' on August 5, 2005 in the home of her eldest son, almost one year after she was taken from her family home.

Clara was held 'incommunicado' by her eldest son, Adalberto J. Fernandez Jr. (who is a social worker in West Palm Beach in the State of Florida), and Mr. William A. Hart, (Al's Partner) in West Palm Beach, Florida where the pair kept Clara on the move across (4) counties and had Clara interned at tax payers expense and filing (5) address changes across the state for sick and confused elder, at times even filing fraudulent Medicare claims and using state financed services, such as air ambulances and emergency ambulances to move her frequently and keep her secreted from her family and friends.
Clara was tricked , she had been led to believe that her husband was dead and that she had been abandoned by her caregivers and other family members.

This picture was taken on a road trip to De Funiak Springs in northern Florida and a visit to nephew Dr. Pena in June 2004 , exactly two months before Dr. Fernandez and his wife Clara were separated by trickery, as she was drugged, rendered disoriented , and then consequently isolated from her family and friends.

In view of some of the emotional Email responses I received through this Blog concerning the plight of Clara and Dr. A.J. Fernandez, I have decided to re-post the articles regarding the Florida Department of Children and Families and the role they played ( or did not play ), in view of the reports that were submitted to them in regards to Clara's abduction and arbitrary separation of Dr. Fernandez and his wife Clara which led to Dr. Fernandez's death and Clara's total incapacitation. Most of these Emails and responses ranged from "outrage" to "disbelief".

Some of you may question whether we are being 'too critical' or 'fair' to the DCF field workers than handled Clara's case,.....

My response to you is,...

If your mother were abducted, mishandled, overdosed with medications, neglected in regards to her needed medications, and was a victim of 'Elder Abuse' by the hands of one of your family members and their accomplices, would you not do everything within your power to see to it that the proper authorities would notified and that they would assist in freeing an abducted elderly woman"?

And you would do this because you understand that we live in a "Nation Of Laws" and there are mechanisms in place to protect older people?

For Dr. A. J. Fernandez to be separated arbitrarily from his wife of 58 years without 'due process', would this not constitute ' Cruel and unusual Punishment.' ?

And when they were notified, would you not expect them to do their job and investigate thoroughly and look for the 'signs of abuse and intimidation' as well as consult with her closest friends and family members during the investigation to order that the 'they' (the investigating agents), might be able to determine facts from fiction of this case?

Well, in the case of Clara G. Fernandez, all appropriate authorities and agencies were contacted and evidence, both witnesses and documentation were presented in full, so why is it that nothing was done to prevent permanent bodily harm coming to these elders?

At ElderAbuseHelp.Org we speak for those that have been denied a voice, and it is our sincere belief that to have separated Dr. Fernandez and Clara , without base, or legal precept is not only 'Un-American', but also a Violation of the most Basic of Human Rights and Merits the most Serious of Investigations.

Article co-written by Laurie A. Borguss and Ray Fernandez

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