Letters to Editor : Alledged Victims and The Baker Act !
Hello, *Martha Lenderman,
I understand and have read about your involvement with the Baker Act.What I'm curious about is how far you'll go to see that the Baker Act isn't misused.
Please take notice that the events you are about to go over are currently happening and my Sister and I are helpless todo anything about it.
There is a side to the Baker Act that allows a person to use the Baker Act to have an elderly person placed in the Florida Hospital in the Psych ward for observation while they steal their home and finances.
Who takes or is responsible for the Baker Act, when it is the tool used for the prior mentioned activities.
If I were to place a person in a hospital under the BakerAct, and did this with the intension of stealing my grandmothers assets.Who would want to know about this that could do anything about it?
So far, no one cares one way or the other, from Medicare SIU, Any political affiliation passes the buck, The DCF wants to see bruises, the police are helpless, and The Florida Hospital can't say anything due tothe Mental Illness aspect.
It seems like The Baker Act has totally protected anyone affiliated with it except for the victim My Grandmother Revelle Rose Markert. So far, I haven't seen one procedure or protocol from the Baker Act actually respected , from Kidnapping an Elderly woman, to a 196 hour stay at the Florida Hospital, to Using the Temporary Guardianship to move every bank account Revelle has prior to petitioning for Plenary Guardianship.
Not to mention the people that observed the persons improperly medicate my grandmother while under the Baker Act.
I do apologize for looking for answers from you. From my Surfing the internet, you are the only one that seems to know what the Baker Act is and how it is supposed to be used.
My Grandmother, Revelle Markert,
a current resident of Sebring Florida
4225 Seawood Ave
Sebring, Florida 33875
**
I've copied staff from the district office of the Florida Department of Children and Families (DCF) on this reply so they can follow-up on your grandmother's situation. DCF is the state's mental health authority and it designates facilities to participate in the Baker Act.
The Florida Agency for Health Care Administration actually licenses the hospital.
It's best that your inquiry be handled by representatives of state agencies.
We forwarded your email to the DCF and the local sheriff's department for review
You may also contact The Bar by mail at 651 East Jefferson Street, Tallahassee, Florida 32399-2300, telephone (850)561-5839.
Please continue to seek private legal counsel if you need any legal assistance to ensure that your best interests are represented. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. The Florida Bar also offers a Lawyer Referral Service at the above address. The toll-free telephone number is (800)342-8060.
Contact the Humana Medicare Offices of Special Investigation Unit for Abuse and Fraud.
Because of the volume of e-mails I receive on a daily basis, combined with the workload that comes with my position, I may not be able to respond to your concerns immediately.
Section 16.01, Florida Statutes, sets forth the powers and duties of this office. We are precluded by law from providing legal advice or opinions to private individuals.
Florida Attorney General Bill McCollum has received your Email expressing your concerns about the possible exploitation of your elderly grandmother as described in your correspondence. Attorney General McCollum asked that we respond. We are saddened to hear of your grandmother's troubles.
Related Articles:
Help! My Grandmother Is Held Against her Wishes In Isolation While She is Being Fleeced!
Key Schiavo Player Takes Her Act On The Road-Baker Act
*Martha now does consulting, primarily related to the Baker Act and Marchman Act. She:
• Assisted the Legislature in preparing the 1996 Baker Act reform,
• Wrote the Florida Administrative Rules governing the Baker Act,
• Developed the model Baker Act forms,
• Developed the facility survey guidelines for AHCA and DCF, and
• Wrote the state’s Baker Act and Marchman Act Handbooks.
1 comment:
I SUFFER FROM THE CHRONIC PAIN OF DIABETIC NEUROPATHY, A BULGING INFLAMED LOWER DISK AND I AM ILL WITH DIABETES. I WAS BASICALLY ALONE POVERTY STRICKEN AND HAD ENDURED THE HEARTACHED OFF BEING ESTRANGED FROM MY ONLY DAUGHTER. AS I STRUGGLED THROUGH THESE CHALLENGES I AWOKE ON A COLD JANUARY MORNING AFTER A RESTLESS NIGHT IN OVERWHELMING PAIN. I LOST CONTROL OF MY BOWELS AND DUE TO MY MANY HEALTH ISSUES I WAS FEARFUL THAT I WAS UNDERGOING SOME TYPE OF DIABETIC TRAUMA. MY PRESCRIBED NARCOTIC PAIN MEDICATION HAD NOT BEEN WORKING AND AS I WAS CONTORTED WITH PAIN I WAS SCREAMING AND PHONED SEVERAL NEIGHBORS WHO I WAS NOT COMFORABLE WITH BUT FELT I HAD NO CHOICE. THEY HADBEEN IN CONSTANT COMMUNICATION WITH MY SISTER WHO LIVES IN LOS ANGELES AND WHO HAD BEEN TRYING TO HAVE ME PLACED IN A NURSING HOME. AS I LAY SUFFERING ONE OF THESE NEIGHBORS ARRIVED AND CALLED THE SHERIFF INSTEAD OF THE AMBULANCE EXPLAINING THAT IT WOULD BE HELPFUL IN GETTING A SPEEDIER RESPONSE. SHE MET THE LAW AND WHAT SHE SAID I DON'T REMEMBER AND WHAT I SAID I DO NOT RECALL I WAS TRYING TO EXPLAIN THAT MY MEDICATINS WERE NOT WORKING AND I HAD A SEVERE CONDITION FOR WHICH I WAS UNDER THE CARE OF A PAIN MANAGEMENT TEAM.
I WAS TAKEN TO THE AMBULANCE VIA A STRETCHER STILL SCREAMING AND EVEN WITH A BOTTLE OF MY MEDICATION WAS DENIED ANY RELIEF FOR MY PAIN. ONCE I ARRIVED AT THE ER, I DISCOVERED THAT THIS NEIGHBOR WHO IS VERY WELL CONNECTED IN MY AREA AND WHO HAS CONNECTIONS WITH THE STATAE ATTORNEYS OFFICE AND SEVERAL OFFICIALS HAD FOLLOWED THE AMBULANCE AND WAS PROVIDING INFORMATION ABOUT MY MEDICAL CONDITION OF WHICH SHE HAD NO PRIOR KNOWLEDGE EXCEPT FOR MY PARTIAL BLINDNESS AND DIABETES. I WAS RESTRAINED AND A DOCTOR FROM THE PSCH WARD HAD BEEN CALLED ABOUT MY LATER RECORDED COMBATIVENESS. NOTHING MUCH WAS DISCUSSED ABOUT MY PAIN AND WITHOUT ANY PAIN RELIEF I WAS EXAMINED AND XRayed and an iv administered in a bad vein was carried out. i found myself being placed in the psch dept and most of the following events remain a blur. while in this place my father passed away causing me to be absent from his bedside and only being released in time for his funeral. i thought at the time that i was released knowing they had made some type of mistake.i was put on a dangerous cocktail of medications which later caused severe welts and interractions with my other meds. i lay at my own home for nearly three weeks suffering and only improved when i abruptly stopped the meds i had been forced to take. i discovered i should never have been placed on them due in part to my thyroid medication and the risk for raising my blood glucose level any higher. i refused then to go to the hospital and still refuse to go if i experience an emergency due to this terrible experience. i also discovered that my sister was at the bottom of this action and had been in colusion with my neighbors. i have a relative who has my list of documentation. the real nightmare occured when i finly received a copy of my medical report. no description of my a cutal pain was listed as a reson for my going to er in first place. it was stated that i was brought in delusional and scraming and was combative. what had happened is that my sister with the assistance of these neighbors one who worked in the very system who retained me had decided that the best way to handle my reluctance to go to a nursing hon=me was to allow me to be offically baker acted by the receiving physcian. my own copy of my medical records with all my personal information had been provided by the neighbor finding it and removing it. she never returned my file to me. there is so much more to this story and i am willing to share my experience with anyone in the position to bring it to the attention to those who are knowedgeable about the abuses of the baker act. as a writer i tried to provide an essay to the pnj but was told that they could not print anything concerning the baker act. i still mailed my viewpooint letter but am uncertain as to whether or not it was published. i tried to obtain a lawyer but after repeated calls to legal aide i was finally informed they do not handle these cases regardless of the severity or error. the legal referrral line gave me the number of only two of the lawyers who was stated as even handling such cases and that i would be charged a fee of forty dollars for the first half hour. i receive less than 700 a month and i desperately struggle to pay my bills and eat. still, i phoned this referral and set up an appointment being told then that something could be worked out financially once i came in. a few hours before my appointment i was called and told they needed to reschedule my appointment and as i started to make the change on my calendar the issue of money arose and i reminded the caller that i had been told of their willingness during our first phone call to make arrangements. surprising me the paralegal came to the phone and pulled up my baker act file on her screen telling me i had indeed received a public deffender during my incarceration. i had another legal matter to deal with and as well she had that info in front of her. she told me i would be required to have 1500 up front before i could even go further than the first half hour and how they didnt work for free. i was too amazed to ask her how she was able to have viewed my records from the facility where i had been. i find myself without counsel and had i committed a crime i would have been entitled to counsel. i have been pun8ished for being ill in pain and having a strained relationship with my sister who has always tried to maintain her position of control in my life.i have been forever discredited and there is nothing i can do to modify my records which are absurd in content.had i myself listened to somneone describing the same thing and their innocence i would have dismissed them as a kook and would myself have written them off as insane. now i find myself in thaqt position. as stated i am willing to share my entire experience with any and all media, with those against the baker act and share my own documentation of events leading up to this nightmare. certainly there are those who need mental help and those who need to be off the street. but too many babies are being thrown out in the bathwater and the baker act is being used as a cureall for settling family disputes, ridding the prolem of being cobenificaries in estates and harvesting the spoils of ill gotten gains. though it is touted a a preventative of suicide how many does it incite. when a person is isolated with many personal problems and the emotional trauma has alreaqdy broken their hearts how is it of help to these folks. the image of a wounded bird being pecked to death by its own flock is perhaps a good analogy. my mailing address is 406 forest park drive, pensacola florida 32506-i am basically computer illerate so i am unsure how to receive any replies to this post via email. i have lost any sense of having any rights by being an american due to this action. if there is any help or advice i am awaiting. thank you
kARON
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