Monday, September 17, 2007

Elder Justice in Retrospect

This is a letter that was circulated among my friends and attorneys before the hearing of August 29,2007 in which I lost guardianship of my mother , the author of the letter is the attorney for the guardian, who is the same as the attorney for the previous guardian.

Notice how the previous guardian is told that this attorney is going to quit in the last paragraph.

After the previous guardian gets so frustrated to see her best friend Clara being billed for (8) months without any tangible results whatsoever , then the guardian quits, but not her attorney who now perpetuates himself in power by slandering Clara's caregiver and Trustee so bad that the victim and their families face an up hill battle.

How does he do this? Well many ways, lets just take one issue at a time.

The attorney for the guardian circulates this letter, and then tells the Judge on August 29,2007

"that Ray has maxed out the line of credit on Clara's home to the tune of

Here is a statement dated 11/26/2005 the amount on the credit line is $245,046.31 Correct?

Now here is the last statement dated August 27, 2007 . Can you spot the balance at $223,213.00?

So not only did Ray NOT max out the credit line, but he paid it down from $245,046.31
to $223,213.00 Under very trying circumstances working and taking care of his mother at the same time.

Now the counselor told the Judge that I had maxed out the credit line at $250,000 as you can see in the letter or hear in the transcript of the hearing! Doesn't matter that the facts do not bear out because the statement clearly says $223,213.00 .

But the attorney for the guardian gets to tell the judge that the credit line balance stands out at $250,000 and the sad part is that the judge believes the attorney for the guardian even thou his facts are total mis representations of the truth in order to get a calculated outcome.

And then the attorney goes further and makes an implication that I stole the difference, because the credit line is maxed out at $250,000 real balance is $223.213 = $26,787.00 So the attorney just pulled out $26,787.00 out of thin air a sum that doesn't exist and lead the court to believe that I had misappropriated this non existent sum of money!

But it doesn't stop there I also forged my mothers signature, and of course we don't have a handwriting expert on hand to refute the slander so I am totally discredited , no body bothers to check the facts, the lie is sold as long as there are buyers .

I lose guardianship of my mother, my reputation is tainted, Clara loses, because after this spectacle , that's what this is a spectacle, honest attorneys who are trying to do their job also lose, and America loses.

Doesn't matter that every single draw that Clara made is documented as well as to where she spent it, on the construction of a new house in Orlando, and the renovation of the Key West house that got hit hard by hurricane Wilma.

None of that matters because the name of the game is to totally discredit the legitimate heirs so that the "Elder" loses, the attorney gets to run up the bill and when the Elder can't pay it he liens her house, and ends up with the real estate.

I told you Elder Financial Abuse is a Big Business, Didn't I ?


Absent aggravating or mitigating circumstances and upon application of the factors set out in Standard 3 0. the following sanctions are generally appropriate in cases involving conduct that is prejudicial to the administration of justice or that involves dishonesty, fraud. deceit, or misrepresentation to a court:

6.11 Disbarment is appropriate when a lawyer with the intent to deceive the court knowingly makes a false statement or submits a false document. or improperly withholds material information and causes serious or potentially serious injury to a party. or causes a significant or potentially significant adverse effect on the legal proceeding.

6.12 Suspension is appropriate when a lawyer knows that false statements or documents are being submitted to the court or that material information is improperly being withheld, and takes no remedial action.


Absent aggravating or mitigating circumstances and upon application of the factors set out in Standard 3.0. the following sanctions are generally appropriate in cases involving failure to expedite litigation or bring a meritorious claim or failure to obey any obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists:

6.21 Disbarment is appropriate when a lawyer knowingly violates a court order or rule with the intent to obtain a benefit for the lawyer or another, and causes serious injury or potentially serious injury to a party or causes serious or potentially serious interference with a legal


Folks I think that the attorney for the guardian has totally dis-qualified himself with his agenda.
Haven't the Victims suffered enough?

To the court ,it is a shame that you allow character assassination and the slander of victims and their families, who have suffered a great deal already without the support that we deserve for coming out and taking a stand against elder abuse in all of its forms . Is this what Elder Justice is all About ? Welcome to the charade , the charade of broken lives.

Maybe the courts will see mine and others valiant efforts against overwhelming odds pitted against a system that stacked and for my efforts to want so see my parents wishes fulfilled according to their Will and Estate Planning documents , my efforts to want them to live their last days in their own home ! I will have my life and reputation ruined, just remenber reputations take a lifetime to build, if you ruin mine don't be surprised if yours suffers in the process.

And even that's nothing compared to the suffering I seen my father go after an arbitrary separation that killed him.

Only because I thought we lived in a nation of laws, and not a nation of vultures...

And counselor , maybe you don't see my families estate that I've worked for my entire life to as mine ,but I tell you what, it is a hell of a lot more mine that it is yours!

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