Thursday, June 28, 2007

When did this Become Acceptable Behavior in the United States of America?

By Albert Henry as published here=>>

Some time back my Mother took ill and, living alone as she does, found herself in what is not an entirely unique position. The effects of cataracts and severe hearing loss were compounded by whatever bug she'd caught and she went to bed to recuperate. Meals became an inconvenience and dehydration aggravated the situation

Family members dutifully converged on the sick bed. It was decided that a caregiver would stay on for a month to take care of the immediate situation while longer range plans could be put in place. It is important to note that my Mother had previously prepared for just such an eventuality by executing her living will and assigning a medical power of attorney, with instructions for specific circumstances, to my sister.

My Mother was not suffering from any life threatening illness but she was disoriented and confused and that was covered by her written instructions that called for her to remain in her home for as long as her finances and insurance could manage the burden. To make a long story short, the caregiver found it convenient to be placed on mother's checking account and she was declared to be sound minded enough to revoke the medical power of attorney and make preparations for a new will to be drawn.

For her birthday five days later she was taken to a medical student who declared her to be suffering from age related dementia and her banking privileges were suspended effective immediately. Her car was transferred into the caregiver's name with the appropriate Texas address. Professional moving services were contacted. A quick valuation of her property and assets was made and a post-dated check on my Mother's account retained a lawyer who filed an "emergency" petition to protect the estate from her. Interestingly the petition was filed on the day it was heard "without notice" which translates from the legalese into something just short of top secret.

The lawyer cashed her check but neglected to serve the judgment against my Mother for two weeks. By that time the police had been summoned twice to remand my Mother into the custody of her caregiver for transport to the Lone Star State. Much to their credit, the officers neglected to perform as requested, which granted enough time for the order to be overturned.

The Bank refused to honor the restoration of her civil rights until she could prove her sanity and she was left without the financial wherewithal to satisfy a $15co-pay to the physician who was actually treating her! Meanwhile the legal battle against her, funded as it was by access to her finances, continues unabated with revised editions of the same defunct petition.

When did this become acceptable behavior in the United States of America? How can it be that a widow with the foresight to prepare a will to govern in these exact circumstances can have her wishes overruled without ever being heard or considered while the funds and permission necessary to clear her name are placed in someone else's hands? That's not to say that the system will not eventually work and God's will be done. If not, those of us relying on living wills had best beware.

Albert Henry lives in San Simon.


Dear Henry ;

I'm sorry that your having to find out the hard way.

Lots of people had the foresight to prepare for these exact circumstances, including my mother, whose estate was taken over and her own money used to pay for attorneys fees in order to separate her from her husband Dr. A.J. Fernandez who died shortly thereafter from the stress of the situation.

Manny people like you and me are waking up everyday to a very rude reality.

Americans are about to witness the largest transfer of wealth in the nation's history.

See related Posts 'When there is a Will'

Or read what the expert say "A Last Will and Testament is Not Adequate"by Dr. Irwin Weiss MD

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