Wednesday, October 31, 2007

Know Excuses !


KNOW EXCUSES!

Abusers will minimize, justify, deny, distort, lie about and blame others for their behavior to escape consequences, It is our responsibility to hold them accountable.

The following quotes are taken from batterers in the Alternatives to Domestic Aggression (ADA) Program of Catholic Social Services of Washtenaw County.

It was an accident........... Read it all here =>>

Attempts to Silence Web Sites Who Spotlight "Dirty Little Secret" of Elder Abuse

by Andrew

After my last posting 'Reporting Elder Abuse - Not an Easy Task' -- where I quoted the Frank Punito case (one of many posted on this blog) as an example; a close friend of Frank's children left a short comment - "Give it a rest!".

Is this person, who was not even prepared to leave his/her name, serious? Is this call to "give the cause a rest" only directed at me alone, or to everyone who has a blog/website about elder abuse?

This blog is NOT just about one case of elder abuse. It is set up to disseminate information on this growing global problem, and to empower older persons with important information.

I acknowledge that friends of elder abuse cases may try to discredit anyone who publicize such cases. Their attempts will not intimidate me into stopping to speak out for others.

I will not remove this blog or stop speaking out for the voiceless
. I have no hidden agenda. Only a very strong belief in Elder Rights and Elder Abuse Prevention.

I admire and support others who are doing similar work; and must state that I now truly understand the difficulties in working for the cause.

Let us be united in this fight for better recognition of Elder Rights. Also, to urge politicians to introduce statues to ensure that older persons are protected.

In Australia, the Parliamentary Inquiry into Older People and the Law has just published its report and recommendations. Let us see how long before those recommendations are taken up by the government of the day.

Researches and reports from around the world are echoing the same thing. Elder Abuse is a growing global problem.

This blog is my attempt to keep the issue in the spotlight. I thank my supporters and associates for their constant encouragement and assistance. We have a lot more to do.

Elder Abuse!!! Don't Let it Happen to Someone You Love.

Family Dispute Turns Deadly


Queens.- New York By AL BAKER

The gunman who killed a man in front of his estranged wife and their 4-year-old daughter used a crude silencer made of a plastic bleach bottle wrapped in duct tape as he opened fire in a Queens playground, the authorities said yesterday.

The police are investigating whether the three bullets that entered Dr. Malakov’s chest capped vicious divorce and custody disputes between him and his estranged wife, Dr. Mazoltuv Borukhova — legal battles that were acrimonious, accusatory and complicated, even in the often bitter world of New York State matrimonial law.

On Oct. 3, a judge granted Dr. Malakov, an orthodontist, temporary custody of the girl, Michelle. The decision was enacted on Oct. 22, when Dr. Borukhova, a specialist in internal medicine at North Shore University Hospital, turned the girl over, even as she fought the order in the courts.

The shooting occurred when Dr. Malakov arrived in his car at Annadale Playground to drop off Michelle around 11 a.m. He parked and got out of his car as Michelle saw her mother and ran toward her, a law enforcement official said. At that time, a lone gunman approached Dr. Malakov and shot three times.

Family members found fault with Dr. Borukhova’s family, and recounted recent confrontations that they insisted foretold of the tragedy to come. The elder Mr. Malakov said he had a conversation with Dr. Borukhova’s sister in which she blamed his family for the loss of custody, and he said she had vowed revenge.

Mr. Pinkhasov agreed, saying, “The result is the most surprising out of all, but in my experience, it has been the most contentious matter, in terms of a divorce.”

On Oct. 3, Justice Sidney F. Strauss, of State Supreme Court, in Queens, issued an order transferring temporary custody of Michelle to Dr. Malakov. Ms. Fass said she found the decision “highly unusual” because it was done without a hearing. Dr. Borukhova had had de facto custody of Michelle before that decision. Calls to the judge’s chambers yesterday were not returned.

Ms. Fass said the judge stated that he was transferring custody because Dr. Borukhova “was allegedly not cooperating with supervised visitation.” She said that Michelle would cling to Dr. Borukhova, rather than go with her father, and that the mother did not want Michelle physically torn from her.

Mr. Pinkhasov said the judge had reviewed three years’ worth of legal papers and determined that Dr. Borukhova, whatever her reasoning, was not complying with visitation orders.

Ms. Fass denied that charge, but Mr. Pinkhasov said: “She had no right not to comply with the orders of the court. And that is what the judge decided, that it was hurting the child to be with her and not to be with him.”

Ms. Fass went to the Appellate Division to stop the transfer of the child, but was denied on Oct. 18. The transfer was made, without a hearing, four days later, despite Ms. Fass’s last-minute appeal to Justice Strauss for the court to speak with the court-appointed psychologist.

Original Published: October 30, 2007 Abridged from the New York Times =>>

Fighting Back in Defense of The Elderly

The National Center on Elder Abuse estimates that between 1 million and 2 million people age 65 or older have been "abused, exploited or otherwise mistreated by someone on whom they depend for care or protection."

These disturbing estimates are highlighted by others that are equally unsettling -- approximately one in 14 of those incidents come to the attention of someone who can do something about it.

Instances of elder abuse are likely to increase as Americans age -- unless we as a society can do something about it.

We can help by becoming more aware of the needs of the elderly who live around us. We can hope that all will age with dignity and security, but the reality is that some could become victims of elder abuse.

Elder abuse takes many forms. Some cases include physical or emotional abuse. Others involve financial exploitation.

Visit the National Center on Elder Abuse at www.ncea.aoa.gov to learn more about elder abuse, and about how you can help.

Aging Americans deserve to live their final years without fear, fraud or intimidation.

Abridged =>>

Husband Admits to Elder Abuse Avoids Prison

San Mateo, California . - By Michelle Durand

The San Mateo man arrested last month after a call for medical help turned up his 72-year-old wife on the floor in a severe state of neglect pleaded no contest to elder abuse.

Richard Peter Yell, 76, admitted the charge plus the special allegation the victim was older than 70 in return for no state prison. Yell also faces no more than a year in jail when he returns to court Jan. 22 for receipt of a probation report and sentencing.

Meanwhile, he is free from custody on $50,000 cash bail and even prosecutors say his wife admits she is an alcoholic who asked him to leave her alone.

On Sept. 22, 2006 Yell called 911 for his wife to be taken to the hospital from their East 40th Avenue home in San Mateo. Medical personnel reportedly found the woman on the floor with feces-covered clothing and injuries including skin ulcers, open sores, rotting flesh and cuts in her ankle bones caused by the pressure of rolled down socks for a prolonged period of time.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.

Tuesday, October 30, 2007

AGIS.- The First Major Site to Provide a Centralized location to Connect Caregivers


As a blogger covering eldercare and caregiving issues at Elder Abuse, we thought you'd be interested to learn more about today's announcement by AGIS, a pioneering online solution for eldercare, long term care and disability information.

The AGIS online portal launched officially today as the first major site to provide a centralized location to connect caregivers with information, resources, support, providers and programs that improve the quality of life for eldercare givers and recipients.

The struggle to find inclusive and reliable information about long-term care from trustworthy sources can be daunting - AGIS provides a solution.

jessica@terpin.com AIM: JessHasson Skype: JessHasson

Respite Care is a Phone Call Away

by Carol Bradley Bursack

I've written, often, about respite care for caregivers. It's a way to relieve caregiver stress and prevent caregiver burnout. The problem is that caregivers often don't know where to get help. Also - and I was guilty of this - many are afraid that the elder won't like the relief worker and how they do things and so the care receiver will be unhappy. We caregivers use that as a reason not to get help.

Until we are convinced that we are important and that our health is at risk if we don't get breaks, we will continue to abuse our bodies, minds and spirits by working unrelieved caregiving shifts of days, weeks, months or years.

There are caregivers out there, however, that will take advantage of programs for respite care. They just don't know where to go. I've been told by our local aging services people that their phone "rings off the hook" after a column on respite care appears. People are often sobbing through tears, "I didn't know that was available."

I've wondered how to get this information into a more national form. And, today, I found a way. I was researching some sites and I found one I didn't know existed called the National Association of State Units on Aging, which is found by going to NATIONAL ASSOCIATION OF STATE UNITS ON AGING NASUA

This is a remarkable site with much information. Go to the site and scroll down to "Family Caregiver Support: State Facts at a Glance." Read a little government speak and then go to "Click here to view and download state profiles."

You'll read a little bit more about The National Family Caregiver Support Program (NFCSP) that was created within the Older Americans Act in 2000. Keep scrolling down to "Individual State Fact Sheets." Click on your state and voila! There it all is.

You'll find out who qualifies (it's not income based). You can find out how to apply and you can find out what specific services your state offers. You will have a phone number to call. You will have addresses.

Then all you have to do if lift that thousand pound phone and make the call. You'll also have to convince Mom and yourself that she'll have a lot more fun with someone other than you caring for her for a few hours a week. That's the hard part, but you can do it. Your health is worth it.

To learn more about Carol, please go to http://www.mindingourelders.com/ or http://www.mindingoureldersblogs.com./.

Monday, October 29, 2007

THERE Can Be No Excuse for Abuse and Neglect of the Elderly

By Sarah O'Grady

UK, Essex .-THERE can be no excuse for abuse and neglect of the elderly, a minister said yesterday.

Care Services Minister Ivan Lewis called for violence towards an old person to be regarded as severely as
harming a child.

Mr Lewis added: “We need a zero-tolerance approach to the abuse and neglect of older people. We need to get that message across to frontline staff and particularly to managers.

“We need to be as outraged by the abuse of an older person as we are by the abuse of a child.”

His remarks were made as the first specialist helpline in the UK was launched by the charity Action on Elder Abuse.

The move comes after peers and MPs denounced the “shameful” treatment of elderly people in hospitals and care homes in a report published in August.

The Joint Committee on Human Rights called for a “complete change of culture” in health and care services and said new legal obligations should be placed on old peoples’ homes.

Chief executive of Action on Elder Abuse, Gary FitzGerald, said: “The care-home sector has received a lot of criticism in recent years for failing to respond to abuse issues.

Abridged=>>

Bill to Combat Elder Abuse Gathers Dust on Capitol Hill

By William Neikirk Tribune senior correspondent
8:42 AM CDT, October 27, 2007

WASHINGTON -USA Jennifer Coldren of Rome, N.Y., summoned her courage and traveled to the nation's capital in July to tell Congress about the rape of her now 91-year-old grandmother in a nursing home a year ago.

Coldren had a reason: She thought the story would help press Congress to pass legislation designed to protect elderly people from such abuse. "It was the most horrible thing in the world. A nightmare," she said.

But Coldren would go away feeling somewhat disappointed. She found Congress obsessed with Iraq. Her testimony before the Senate Special Committee on Aging did not receive wide media coverage. Despite her efforts, the Elder Justice Act, designed to combat abuse, neglect and exploitation of older Americans, still gathers dust in Congress. It has been doing that for five years, odd for a bill with few visible opponents.

"Every time I pick up the paper, it seems you hear more and more of [abuse] going on," Coldren said. "I had never really noticed it before this happened."

"It's an absolute disgrace," he said. "If this bill doesn't get passed this year, I think the elders of our country need to start getting a little more vocal and telling legislators what they think of them."

"It is not a glamorous issue," said Sen. Blanche Lincoln (D-Ark.), the chief Senate sponsor. "It's kind of inexcusable."

In the House, Rep. Rahm Emanuel (D-Ill.), the main sponsor, said everyone seems to be for the bill and he hoped to get pieces of it included in other legislation.

The lack of success is something of a mystery. The elderly -- defined in the bill as those 60 or older -- are one of the nation's most powerful voting blocs. Abuse, neglect and exploitation of older people are on the rise and by some estimates could affect 5 million people, though no one has a precise number.

But a dirty little secret, and perhaps one reason the legislation is not moving faster, is that many seniors are abused at home by family members.

The Elder Justice Act would set up separate elderly justice offices in the U.S. Departments of Justice and Health and Human Services, pump $400 million into state adult protective services over four years and create a federal coordinating committee among agencies to monitor and direct the government's efforts.

Abridged for E.A. read all here =>>


The automated letter writer that is used by the U.S. Chamber of Commerce , it composes your letters in a professional format, addresses your letter, and then you write the body of the letter and it then fills in your return address, pertinent information, and then gives you the choice to print a hard copy or email to recipient.It give you the ability to effortlessly write several dozens letters in a few minutes and make your voices be counted.We believe in the power of one. The power of one person, one community to make a difference in the world. Using the most advanced tools to make sure your voices are heard when it matters most.

Freedom Of Speech Under Attack Everywhere


Sunday the 21th October was not only a severe attack on freedom of speech but an attempt to close the mouth forever on an organisation who stands up for freedom, freedom of speech and for democracy. Small details were the reason why it didn’t ended up with murder like in Holland, on one of the brave advocate’s for freedom of expression who dare to stand in the frontline........


Read the entire article on the attempt to silence those who dare speak out=>>

Saturday, October 27, 2007

"Who You Gonna Call" Central Intelligence Agency CIA

This Week end we turn our attention from the Terror that our elders face, the Terror of being evicted from their own homes by their own children aided by greedy lawyers, the Terror of having their own families abuse them, the Terror of facing an uncertain future because of Elder Financial Abuse that's rampant and rather than punish by strict laws it's rather encouraged by an UN ethical system that seems to profit from the upheaval created when an elder is abused , providing an open door to strangers taking over the elders finances leaving elders and their families in a sheer state of terror and uncertainty.

Zero-Kilometer Teeth


Dental implants in which a damaged tooth root is replaced by one made of titanium represent a radical change for those who have lost their teeth, and are the best option to discard uncomfortable and unsightly dental bridges.

These devices are artificial replacements of natural tooth roots. They work as small anchors shaped as screws that are carefully drilled into the jawbone. Artificial teeth are then placed on the part of the implant projecting from the gum.

A diagnosis procedure known as Nobelguide is being used in Colombia, whereby the patients information is sent to a robotized plant in Sweden. There, the surgical procedure is mapped and a a guide is sent back showing where each tooth should be placed. This is the most advanced technique in the field.


During the postoperative, the patient must be careful to eat a soft diet for some days after surgery, and on the first day apply a cold Therapy by eating food at low temperatures to counter swelling. Each implant has an approximate cost of US$1.5OO~

Friday, October 26, 2007

Hearing for Appoinment of Emergency Temporary Guardian

Clara's 4Th guardian was confirmed in place at today's hearing.

Present were Clara's family, Clara, and her long time friend Angela McClain, all in attendance to show their support. Both Ray Fernandez and Angela represented Clara.

"Allegations of Contempt," never materialized due to lack of ample evidence, evidence presented to the contrary.

The guardian shall report back to the court in 15 days or less.

------------------------------

Kidnapping Imprisoning and Abuses of U.S.Children & Elders for Profit



-------------------------

This report is at first hand hard to believe and easy to dismiss until you consider what Dr. Fernandez went through when his wife was removed from him on no legal grounds whatsoever and purely for financial reasons and not allowed to see or visit her.

Dr. Fernandez was given NO explication why his wife of 58 years was taken from his side. A legal battle ensued for Dr . Fernandez , costing thousands and taking 12 months before he saw her agan after she was improperly taken.


He suffered in silence until three (3) days after a judge permanently returned his wife to him in a Motion To Determine Residency.


Then he died because of the stress of the situation. People really do get away with murder, kidnapping, pillaging, raping, as long as there is money in it for somebody. And this is no longer acceptable to the civilized people of the world.

Trusts, What Is a Inter Vivos Trusts ?

Mr. & Mrs. Adalberto Fernandez August 13, 1997
Page -4-


The attorney-in-fact will take the necessary steps to transfer the assets to the living trust and thereby avoid the need for the institution of guardianship proceedings.

Living Will Declaration and Designation of Healthcare Surrogate

In the Living Will Declaration and Designation of Healthcare Surrogate document, you first express your desire that your life not be artificially prolonged in the event you suffer a terminal condition and there is no medical probability of recovery. Second, you each nominate the other as surrogate to make healthcare decisions on your behalf in the event you are unable to make those decisions on your own.

Conclusion

The plan which we are recommending to you has three primary advantages over your existing plan. First, the use of revocable living trusts instead of just wills offers you the opportunity to avoid probate at your deaths. Second, the use of the living trust will enable you to avoid guardianship in the event of incapacity. Finally, the fractional formula used to create your Credit Shelter Trusts will help minimize the income tax consequences generated by your IRAs at your deaths.



Having your assets in trust at the time of incapacity can be an effective and efficient means of avoiding the costly and time consuming court supervised guardianship process should the need otherwise arise.



Upon the death of the second of you to die, all assets remaining in the Credit Shelter Trust and all assets in the survivor's Declaration of Trust will be distributed to your sons, Raul and Adalberto. Adalberto's portion will be held in a trust....


Please call me after you have had a chance to review the documents and we can discuss any needed revisions. As we discussed, xxxxxxx & xxxxxxx proposes to charge a flat fee of $x,xxx.xx for our services rendered in connection with your estate planning. I look forward to hearing from you soon.

With kindest regards.

-----------------------------


Related Posts http://en.wikipedia.org/wiki/Trusts_and_estates


Living Trusts, What You Should Know

Ohio Pediatrician Arrested on Charges of Possessing Child Pornography


TROY, Ohio (AP) - Federal officials say a pediatrician arrested today on charges of possessing child pornography had more 1,700 images of minors in various stages of dress, many engaging in lewd or sexual acts.

Dr. Robert Reinhold, 55, is being investigated by the U.S. Immigration and Customs Enforcement office as part of an ongoing nationwide operation to crack down on sexual predators.

Federal agents executed search and arrest warrants at Reinhold's home and office, about 20 miles north of Dayton. They found images of minors inside 19 manila folders.

Reinhold had an initial appearance today in U.S. District Court in Dayton. He was ordered to remain in custody until a detention hearing on Monday. Original filed October 24, 2007

Senior Citizens Fear Nursing Home, Loss of Independence More than Death

Senior citizens fear moving into a nursing home and losing their independence more than death, according to a research study released today that examines the attitudes and anxieties of the nation’s elderly population. “Aging in Place in America,” commissioned by Clarity and The EAR Foundation, also found baby boomers emotionally distraught about their aging parents' future - 82% fear their parents will be mistreated in a nursing home and 89% worry their parents will be sad.

Seniors Express Desire to Age in Place, Aren’t Asking For Help

The study found that the vast majority of seniors (89%) feel the ability to age in place – or live independently and remain in one’s home – is very important. However, more than half of those surveyed (53%) are concerned with their ability to do so.

They said they do not expect nor do they receive much support from those around them.

Over 800 seniors and baby boomers were polled. The research methodology was designed to ensure that the results are accurate within a margin of error of plus or minus 5% at a 95% confidence level. To access the full report, visit: www.clarityproducts.com/research.

Edited for E.A. Read entire article =>>

Is it better to try to keep the "Ward" in their own home?

by Maria Gallo,Esq.

As a professional guardian myself and a lawyer, I know that it is always best to keep someone in their own home.

It may not be the cheapest but it is the best for the ward. A "good" nursing home will cost about $5500 a month and when I say "good", you know what I mean.

Even the best nursing homes leave MUCH to be desired.

A private aide in the ward's own home is always the most comfortable for the ward so long as the private aide can be trusted.

This is always a trick too but with supervision, the ward's assets in the home could be protected.Also the ward's family and heir should be allowed information about their elder family member and their assets.

The ward is not to be isolated from family and friends, just protected from harm and exploitation.

A Day in the Life of Oscar the Cat - And his Role in Preparing Families


David M. Dosa, M.D., M.P.H.

This week we will bring you an update on the career of Oscar the Cat and the role he plays in giving elder families time to prepare for the un avoidable event that we most all one day face.

Oscar takes no notice of the woman and leaps up onto the bed. He surveys Mrs. T. She is clearly in the terminal phase of illness, and her breathing is labored. Oscar's examination is interrupted by a nurse, who walks in to ask the daughter whether Mrs. T. is uncomfortable and needs more morphine. The daughter shakes her head, and the nurse retreats. Oscar returns to his work. He sniffs the air, gives Mrs. T. one final look, then jumps off the bed and quickly leaves the room. Not today.

Making his way back up the hallway, Oscar arrives at Room 313. The door is open, and he proceeds inside. Mrs. K. is resting peacefully in her bed, her breathing steady but shallow. She is surrounded by photographs of her grandchildren and one from her wedding day. Despite these keepsakes, she is alone. Oscar jumps onto her bed and again sniffs the air. He pauses to consider the situation, and then turns around twice before curling up beside Mrs. K.

One hour passes. Oscar waits. A nurse walks into the room to check on her patient. She pauses to note Oscar's presence. Concerned, she hurriedly leaves the room and returns to her desk. She grabs Mrs. K.'s chart off the medical-records rack and begins to make phone calls.

Within a half hour the family starts to arrive. Chairs are brought into the room, where the relatives begin their vigil. The priest is called to deliver last rites. And still, Oscar has not budged, instead purring and gently nuzzling Mrs. K. A young grandson asks his mother, "What is the cat doing here?" The mother, fighting back tears, tells him, "He is here to help Grandma get to heaven." Thirty minutes later, Mrs. K. takes her last earthly breath. With this, Oscar sits up, looks around, then departs the room so quietly that the grieving family barely notices.
On his way back to the charting area, Oscar passes a plaque mounted on the wall.

On it is engraved a commendation from a local hospice agency: "For his compassionate hospice care, this plaque is awarded to Oscar the Cat." Oscar takes a quick drink of water and returns to his desk to curl up for a long rest. His day's work is done. There will be no more deaths today, not in Room 310 or in any other room for that matter. After all, no one dies on the third floor unless Oscar pays a visit and stays awhile.

Note: Since he was adopted by staff members as a kitten, Oscar the Cat has had an uncanny ability to predict when residents are about to die. Thus far, he has presided over the deaths of more than 25 residents on the third floor of Steere House Nursing and Rehabilitation Center in Providence, Rhode Island.

His mere presence at the bedside is viewed by physicians and nursing home staff as an almost absolute indicator of impending death, allowing staff members to adequately notify families. Oscar has also provided companionship to those who would otherwise have died alone. For his work, he is highly regarded by the physicians and staff at Steere House and by the families of the residents whom he serves.

Abridged Read entire Post as published in the New England Journal Of Medicine =>>

Father Beats Son With a 2x4 Piece of Wood


FAIRFIELD, CT -10-24-2007 - Police have charged a Fairfield, Connecticut man with assault after he allegedly beat his 13-year-old son with a piece of wood.

Fairfield police said David Rodriguez, 41, tied his son to a pole in their basement and beat him with a 2-by-4 Monday night. "This goes far beyond a case of parental discipline," police Captain Gary MacNamara said.The teen was falling behind on his homework, police said.

Thursday, October 25, 2007

744.3215 Rights of Persons Determined Incapacitated.--

1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or her rights.

(c) To be restored to capacity at the earliest possible time.

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.

(i) To receive services and rehabilitation necessary to maximize the quality of life.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.

(o) To privacy.

(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

(a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.
(b) To vote.
(c) To personally apply for government benefits.
(d) To have a driver's license.
(e) To travel.
(f) To seek or retain employment.

(3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right:

(a) To contract.
(b) To sue and defend lawsuits.
(c) To apply for government benefits.
(d) To manage property or to make any gift or disposition of property.
(e) To determine his or her residence.
(f) To consent to medical and mental health treatment.
(g) To make decisions about his or her social environment or other social aspects of his or her life.

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.
(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her abilities.
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental rights.
(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.


History.--s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178.
Copyright © 1995-2007 The Florida Legislature


Attempts to Hold Editor of E.A. for Contempt Charges On Friday, October 26th, 2007 in Honorable Judge David J. Audlin Jr. Unfounded!

The hearing will be held on Friday ,October 26, 2007 at The Honorable Circuit Judge David J. Audlin Jr. Court on 502 Whitehead Street 33040 on the 4th Floor at 9:30 AM .

Clara G. Fernandez has waited a VERY long time to get "her day in court", this is not about us, or about a family feud, this is all about Clara, and Clara's family, which believes Clara was held against her will, abused, and that her money and personal items was unapproprietly taken from her while she was sick, frail and under undo stress.

To take the attention away from such pressing issues by confusing the issues with conclusory statements that are "long on opinion and short on substance", is wrong!

Clara does not do well in nursing homes, not many elders do, (Last time Clara was separated from us, her family members, she was put in 5 nursing homes), according to Medicare records. While Clara was in the Key West Convelesent Center in Key West, she only ate with much cuing and was on 5x day insuling shots.

Since being home, Clara is bright, articulate, and she is now off the insulin shots due to proper dietary practices administered by her care-givers/her family. Clara keeps a very busy daily regiment as she prefers, and is always accompanied by family members and close friends that she is very deeply attached to.

In the beginning when Clara was returned to her family home and family members, we took her for an examination by her Doctors, they in turn diagnosed Clara as having P.S.S. (Post Stress Syndrome.)

Now the whole family is stressed out because of the situation created by the uncertainty created by Clara's guardianship which is the most restrictive means of governing an elder, even when allegations of "Elder Abuse" could never be substantiated agaisnt her present caregivers.






Copies of the Wards assets have been posted here on this blog-site prompting an investigation for 11 months now. Credible sources have tried to tell the authorities about Widows Quit Claim Deed Parties , disclosing all of Clara's assets, bonds, accounts, stock accounts, certificate of deposits, and real estate that was taken from her while she was drugged with the help of the little black bag.

Paragraph 7,
States that the "Wards" assets are at a substantial risk from myself, again, nothing to substatiate such a charge or statement, it is a shame that unproven and defamatory statements like this are allowed to take the attention from the real issues facing Clara's life today.

Clara's caregivers have been cleared numerous times by the DCF, cleared from the numerous complaints filed by the very same people who abused, robbed and incapacitated Clara, and in every incident the DCF found those complaints to be without base.
This is called a conclusory statement , again, these are statements that "long on conclusions and short on supporting evidence."
The guardian's attorney tells the court and the court then mirrors that misinformation as "factual evidence." - This is scary stuff indeed!

Paragraph 12,
States as fact, that I called or filed a complaint with the DCF and it was being submitted to the court as evidence. This in itself is a serious offense according to the Florida Bar Association.
"Whoever called in the DCF complaint did so after seeing that Clara was having to eat cheap TV dinners because her care-givers had not been given enough money by Clara's court appointed guardian to cover her groceries, and to add insult to injury, the guardian kept insisting that Clara's caregivers pay rent to stay in her home while taking care of Clara."
Elder care is more costly than child care and it also takes several abled bodied persons to physically lift and maneuver an elderly person once they are totally incapacitated.
Paragraph 16,
The attorney is now acting a psychiatrist and enters evidence to court that the 'Ward' is "scared by me," this is a very serious accusation and the Ward's family and friends would like to know what evidence the guardian's attorney has base this on?

Paragraph 21, Now the 'Ward' tells any ones who listens that she feels " Very Well" being with us. This is a factual statement backed by all DCF interviews, however, truth is falling by the wayside and Clara's real life issues are not being properly addressed.

Paragraph 23,
States, "I forced the guardian to consult with an attorney regarding a DCF a complaint against him that I did not file." - This type of craziness is what the 'Ward' Clara G. Fernandez is being charged up to $650.00 per hour for. An expense that no elder would tolerate nor approve of.

Paragraph 13, Is a serious misrepresentation! It is an established fact, that prior to the guardianship established on June 8Th, 2007, all of the Ward's bills were paid and kept up to date and this had been documented and presented to the court during the "Hearing to determine Continuing Need for a Guardian." -- Yes,.....Copies of all the paid bills were introduced as evidence to the court.

In an effort to discredit Clara's legally appointed caregivers, the guardian's attorney and the guardian both decided that the guardian should resign immediately from the case rather than discredit themselves.

In paragraph 8.-
"I now have imaginary step children that I did not know that had, and that I support these imaginary step children with the imaginary money that I supposedly maxed out of the Ward's credit line."
--"How crazy can this toxic spectacle become before the world?"
Doesn't it give you readers of E.A. a warm fuzzy feeling just knowing that when you get old and incapacitated this could very well happen to you?
And if you ever become a care giver for your family member, Remember, "Anyone can file an Elder Abuse complaint against you as a care giver,....even if it's unfounded!" -Considered yourself warned as well as educated on the existing situation with the system that was developed and set into place to protect and serve elders and their care givers.

"People are Protecting People Who Aren't Worth Protecting."


BERWYN, Ill. - They've learned to watch their older daughter for any sign that something's wrong.

She cuts her long, blond hair and dyes it jet black. And they worry. Her father picks up a book she's been reading, "The Road" by Cormac McCarthy, and skims it for clues.

He notices a highlighted passage: "You forget some things, don't you," it reads. "Yes. You forget what you want to remember and you remember what you want to forget."

Her parents can relate. There's a lot they'd like to forget, too - especially since the day nearly three years ago when their then 15-year-old daughter told them her elementary school band teacher had molested her and other girls.

The teacher, Robert Sperlik Jr., pleaded guilty last year to sexual abuse and kidnapping of more than 20 girls, some as young as 9. Among other things, he told prosecutors that he put rags in the girls' mouths, taped them shut and also bound their hands and feet with duct tape and rope for his own sexual stimulation. According to court documents, he rubbed their inner thighs and shoulders and forced them to sit, while bound, in closets and school storage rooms. At least one girl told prosecutors that when Sperlik stood behind her, she could feel his erect penis on her back.

He pretended it was a game, gave the girls candy and told them not to tell.
And for a long time, none of them did.

A seven-month Associated Press investigation found stories like these are all too common. AP reporters in every state and the District of Columbia identified 2,570 teachers who were punished for sexual misconduct from 2001 to 2005 alone, for actions that ranged from fondling to viewing child pornography to rape.

Though experts who deal with sexual abuse say victims tell the truth more often than not, the ordeal is often worsened when the community around them is drawn in, and people take sides. Often, victims and their families face uncooperative administrators, disbelieving neighbors and an agonizing legal journey.

"It's a silent epidemic is what it is," the girl's father says. "People are protecting people who aren't worth protecting a technician and a stay-at-home mom, spoke on the condition that they and their daughter not be identified, so she can try to move on from the nightmare that began in the late 1990s.
That's what Clara's family wished to do to! Move on from the nightamre that begin August 20, 2004

"I thought my children were safest in school," the girl's mother says. She shakes her head. ...."I don't trust anybody now."

"It's important to look at what the school failed to do," says Mark Loevy-Reyes, a Chicago attorney who represents some of the families, including the one profiled in this story. He claims that Sperlik's behavior came to the attention of school officials on various occasions.

"I think it's easy for school districts to turn a blind eye to it, unless they know they can be held accountable."

Her mother explained that it wasn't appropriate. And when the younger daughter protested the lecture, her older sister had to say something.
"You know what, you need to listen to Mom because of what happened to me with that weirdo band teacher," the elder daughter said, opening the door to her long-kept secret.

It was the first time her mother heard anything about duct tape.
"What did you say? What do you mean? How did he tape you?" her stunned mother asked, grabbing a kitchen chair and cellophane tape so her daughter could show her.

Her daughter started sobbing and the mother stopped, realizing how much the questions were upsetting her. "This is not your fault," her mom said, tears streaming down her face, too. "I never knew. I didn't know."

When the girl's father came home and heard the story, he immediately went to the police, even though it was late.

Their daughter gave police the names of the two other girls, whom police interviewed separately. Eventually, other young women came forward, some saying that they hadn't realized what Sperlik was doing was sexual until they were older.

After he accepted a 20-year prison sentence in a plea deal, she said Sperlik wrote a letter to some of his older, former students - a few of whom visited him behind bars.

Sperlik told them he still did not think he was guilty, Nafziger said. But he apologized to them.

"He's obviously disturbed. Now I could see that these weren't innocent (duct) taping things. I could see that he was getting sexual gratification out of that, which is terrible and should not have been allowed," she says.
"But I don't know. It left us all feeling really weird."

"I just can't take it anymore," she wrote in a note to her parents.
After she came home, they found a counselor who specializes in sexual abuse.

It's been helping, they say. And lately, their daughter has been more angry than depressed, showing some fight.

"Our kids were like babies still. That's what makes it so hard because they were so innocent," he says. He rubs his face, as his eyes well up.
"All these kids - I feel sorry for all of them, not just my own.
"We're not the only ones suffering in this. There's a lot of people suffering in this."

No one should have to suffer from abuse, according to experts the laws on elder abuse are 25 years behind the laws in place to protect our children, even then people's family whose children have been abused feel the law is protecting people that it should not be protecting, and we can all agree on that.

GUARDIANSHIP IN OHIO

Foreword

This booklet offers a brief but comprehensive, non-legalistic overview of guardianship in Ohio, especially for families who have a child with mental retardation. Much of the information is also relevant concerning someone with mental illness, or concerning someone who has lost competence as the result of an injury or the effects of aging.

About the Author

David Zwyer, Esq., is Executive Director of the Ohio Developmental Disabilities Council. He has been speaking to parents about guardianship and estate planning issues for more than 20 years. Dave is also a past Chairman of the Disability Law Committee of the Ohio State Bar Association.

About the Ohio DD Council

The Ohio Developmental Disabilities Council is a planning and advocacy group of 35 members appointed by the Governor. ODDC receives and disseminates federal funds in the form of grant projects to create visions, influence public policy, pilot new approaches, empower individuals and families and advocate for systems change.



Contents:


Parents as Guardians
Who needs a Guardian?
Types of Guardianship
Less restrictive forms of Guardianship
What rights are taken away when a Guardian is appointed?
Alternatives to Guardianship
Residency requirement for Ohio Guardians
Immunity for Ohio Guardians
Conflict of interest provision concerning providers of services
Choosing a Guardian
Guardianship agency for those without available family
Naming Guardians in a Will
The application process/fees
What happens at the hearing?
Do I need an Attorney to apply for Guardianship?
Reporting Requirements
Rights/duties/responsibilities of Guardians
What if a Guardian does not appear to be doing a good job?
Guardianship in a Medicaid world
Terminating Guardianships
Resource

Wednesday, October 24, 2007

Key West

article by Robert Tischenkel cross posted from the Key West Citizen

Let's face it: Key West is a city of tall tale-tellers, masqueraders, consumer defrauders, double-crossers, double agents, size-of-the-fish exaggerators, crooks, phonies and, to put it bluntly, liars. No Sunday sermon or community code of ethics is going to change this end-of-the-road phenomenon -- you know, the country tilted and everything loose fell into Key West. by Robert Tischenkel Clara's #3 court appointed guardian .

Published in the Key West Citizen here >>.

When Clara's family asks, "Why the need for a guardian?" and why is her family not able to review the guardians qualifications, other than "he is a lawyer." Why when we ask why set aside her prior advance directives the answer de jour is : Because of complaints of elder abuse that have been filed. Never mind that never have any of these complaints have ever been found substantiated, that's besides the point. Is it any wonder that Studies estimate that 50% of elderly American are victims of financial exploitation while only 4% to 15% case are ever reported? I am sorry to say that I would not have reported Clara's abuse to the authorities either , see copy of police report in .pdf format =>> had I known then what I know now! and that's a sorry state of affairs we have to face as we grow older.

Related Articles:

The 2007 Florida Statutes 744.344 -Order of appointment.- Re: Elder Guardianship

744.3371 Notice of petition for appointment of guardian and hearing.--

Resignation of Guardian #2.pdf

Appointment of Guardian #3.pdf

Copy of Elder Abuse Website Submitted To Court as Evidence of Contempt in effort To Contain Free Speech!


To download Web Site Exhibit to Emergency Motion in .pdf format =>>


This copy of Elder Abuse Website was submitted to the court to hold the Editor on contempt charges in a blatant attempt to silence us!

UNREMARKABLE Clara state of health before 8-20-04


"There have been no recent falls..health has been good. Past Medical History : UNREMARKABLE over the past several months." -Dr.Nancy Kaplitz, Neurologist, June 17, 2004 .

Notice:
(Less than a month before Clara was abducted! What Happened ?)

Why is Clara being penalized, Why can the Investigators separate truth from Fiction? Why are Elder abuse laws not being enforced to protect them?

Where Was The Concern for Clara and Dr. Fernandez Then ?

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Clara Goes Shopping in Miami

Clara was seen shopping today in Miami , We all had an excellent time and really enjoyed being with her and browsing the shops in downtown Miami.

It is nice to see family pull together during really difficult times

Florida Statute Regarding Guardian/Atty. Fees for Work Done

by LoriD The FLorida statutes regarding guardian and attorney fees for work done for ward -- supposedly for ward -- does not explain very well the difference between legal and nonlegal work. The fees which a corrupt judge awards, generally rubber stamped, tend to be excessive; not reasonable. Neither does it provide for service of copies of fee billings to family. It is very vague and needs fixing. One must question whether the judge's award makes findings on the questions raised in the statute.There is no accountability in the guardian system, despite all the lip service from the powers that be.That's why we must turn our attention to legislation, with the help of the media.by LoriD

Title XLIIIDOMESTIC RELATIONS Chapter 744GUARDIANSHIP

744.108 Guardian's and attorney's fees and expenses.--

(1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.

View Entire Chapter

DCF New York State Office of Children & Family Services

For more information contact: Public Information Office, 518-473-7793
OCFS Announces Family Violence Prevention Grants
$3 Million in Trust Fund Grants to Fight Child Abuse, Domestic Violence, Elder Abuse .
RENSSELAER, NY (10/22/2007; 1603)(readMedia)-- New York State Office of Children & Family Services Commissioner Gladys Carrión, Esq., today announced grants totaling more than $3 million to 27 programs across the state to fight child abuse, domestic violence and elder abuse. The grants are administered by OCFS through the William B. Hoyt Memorial Children and Family Trust Fund.

“We have the duty to protect and champion our most vulnerable residents, including children and the elderly. These grants will support prevention programs that assist struggling families and senior citizens. They will help give children the opportunity to succeed, and fragile adults the support they need to live in safety and dignity,” Commissioner Carrión said.

Read it all here =>>

Challenging elder abuse


U.K. Elder abuse Last updated: 22 October 2007

A helpline is being launched today for the elderly, relatives and care workers to report abuse and bad practice in care homes

The launch of a helpline today is part of a major new partnership between a leading charity, statutory and care providers to protect older people from abuse.

For the first time three agencies, Action on Elder Abuse, the police and care providers, have come together to create a way of ensuring concerns are addressed within agreed timescales and with independent scrutiny.

Facing the fear

Fear prevents many older people and their relatives from reporting or challenging elder abuse. Fear prevents workers from whistle-blowing on their colleagues when they witness poor practice. Now, a unique scheme is being developed to overcome this hurdle and guarantee security for people in care homes who wish to safely make their voices heard.

Today Action on Elder Abuse, in conjunction with a range of partners in both the statutory and private sector, will launch a unique pilot scheme for residents, relatives and staff living in a number of care homes in Essex. The specialist helpline is the result of a collaboration between Action on Elder Abuse, Southern Cross Healthcare, Rushcliffe Care, Essex Vulnerable Adult Protection Committee, and the Commission for Social Care Inspection.

Call the helpline on 0800 808 8141

Request for Review of Continued Need for a Guardian

Guardianships are used as a last resort for persons who did not plan
ahead for incompetence. 14 Fla.Prac., Elder Law § 9:16 (2007 ed.). Fla.Stat. §
744.331(6)(b) requires a court to determine if less restrictive means are available.
In this case, the court has never made that determination, as the Court reserved
its decision on those instruments and the lesser restrictive means when it initially imposed the guardianship, due to the exigent circumstances at that time. The purposes of the original guardianship have been accomplished, and the expense and interference imposed by Mr. Tischenkel's attorneys should no longer be accepted.

Raul Fernandez can also handle his mother's affairs through his powers
as successor trustee of the Clara Fernandez Revocable Trust. "Trust
arrangements are less restrictive alternatives in that the trustee can attend to the
financial needs of the beneficiary. Thus the use of a trust could avoid the time,
expense, red tape and trauma of a guardianship proceeding." 14 Fla.Prac., Edler
Law § 9:16 (2007 ed.)

Fla.Stat. § 744.462 provides that "[i]f, after the appointment of a guardian,
a petition is filed alleging that there is an alternative to guardianship which will
sufficiently address the problems of the ward, the court shall review the continued
need for a guardian and the extent of the need for delegation of the ward's rights.

" Therefore, Raul Fernandez respectfully submits this Memorandum to the
Court for consideration, and enter an order determining that the durable power of
attorney is the "least restrictive alternative" to guardianship; discharge Robert
Tischenkel as guardian of person and property of Clara F. Fernandez and require
all reports and accountings of the guardian not previously submitted and
approved to be filed within thirty (30) days of the entry of this Court's order of
discharge.

Excerps of "Petition for Judicial Review of Need for a Guardian " Download the entire Document Here >>

Did You Know? Allegations of Abuse are Enough for a Guardianship Takeover!

That if there are "abuse allegations" against a loved one, that gives the courts the right to intervene into that elder affairs, and establish a guardianship
even if the allegations of abuse are unproven?

All of this according to a State Official I spoke to today who explained why the courts intervention in my mother's affairs was warranted.

Is it any small wonder that most elder's would rather suffer through indignities and abuse rather than report it?

Tuesday, October 23, 2007

Why Don't We tell Them About Your Little Black Bag You Use on the Old Defenseless Ladies

Please click to enlarge court transcript













To download these files in PDF format go here >
To View more documented files on Elder Drugging >>
To See all the Real Estate these guys might have stolen using the Little Black Bag >>

Hurricane Destroys Elder's home, No Body Offers To Help!

Where were all the people now coming out of the wood work that are concerned about Clara?

Where were they then ?


Most Police Officers Aren't Aware of Their Role When it Comes to Dealing with Elder Abuse

BY RUTHANN ROBINSON rrobinson@nwitimes.com

SCHERERVILLE Lake County Adult Protective Services already investigated more reports of abuse this year than for all of 2006.

Nicky Ali Jackson urged attendees to watch for signs an elderly person is being abused such as a caregiver refusing to let the person be seen alone, the person becoming socially withdrawn or new names added on bank accounts.

An associate professor of criminal justice at Purdue University, Jackson said rocking, sucking and biting -- which often are seen as signs of dementia -- also can alert observers to possible emotional abuse.

Jackson said a national study by Police Executive Research Forum showed most police officers aren't aware of their role when it comes to dealing with elder abuse and want more training on the subject.

Abridged =>>

The Frenzied Liquidation of Assets, Clara Moved from Place to Place-


Florida Statutes 709.8 -
"Unless plainly and clearly provided, the authority granted the attorney in fact is to act for the benefit of the principal, not the agent's benefit." -Section 2 (D).

Assets Liquidated !


Account Closed!

Stocks Liquidated!

Funds Closed out and check for $64,533.13 sent to 'agents' house!


More Assets Liquidated!


Account opened by Clara's abductor,
Clara's funds were being 'swept off' by overdraft protection
linked to her abductors personal account!

Monday, October 22, 2007

Clara Forced to Leave Her Home a 2nd Time !

The First time was in August 1965 After Fidel Castro took power in Cuba and nationalized all private properties. Dr. Fernandez and Clara's Private Clinic and newly built home was nationalized by the new goverment of fidel Castro.


The reason today why Clara had to leave her home was a little bit different but feels every bit as oppressive.

Un known to the family and with no advanced notice given to Clara's family a stranger was chosen as a guardian to manage Clara finances and he quickly billed himself for the totality of Clara's social security income, he claims that he was ordered to do so by the court and was only following the court's order.

With no money coming into Clara's account which paid for her utilities
the account was quickly depleted and overdrawn.

Clara's caregivers chose to leave the house rather than subject Clara to further humility and to take spite from the harassment of 18 page legal bill's being addressed to her.


Clara's beloved Villa Clarita which was taken over by Fidel Castro forcing her to leave her home as a immigrant to Spain then later to America.

Today Clara at 89 years old faces having being forced out of her home once more. The guardian's attorney had said to us through the previous court appointed guardian, than in the face of rapidly mounting legal bills due to the forced guardianship imposed on her and her family , that her house could be liened and face a forced sale. Are these the actions of attorneys that are billing themselves out of her cash flow , really looking out for Clara?

None of the previous efforts by former guardians to recover the Certificates of Deposits, Bonds, moneys in trading accounts or other real estate property taken from her trust has been successful and Clara now faces a very uncertain future.

If you speak with any neighboors or anyone that has known the Fernandez family , they can only shake their heads in disbelief that a guardianship which is to be used only as a last resort , has been imposed on Clara for purely financial reasons and that the once financially independent elder has been forced from her home and dependant on the generosity of family and friends which has been abundant to keep her safe and preserve the last vestige of independence that she now enjoys.

Dr. Fernandez and Clara who were very much in love until at age 87 they were forcefully separated for purely financial reasons, Clara was abused and incapacitated, and returned to her husband in a wheelchair. Dr Fernandez died shortly after being re united with Clara from the stress of the situation.

During the 20 years that Dr. Fernandez practiced medicine in Key West he received many recommendations =>> from the government, law enforcement agencies, and state agencies, ironically these same agencies could not help him to take back his wife in order to see her again before he died.



.Dr. Fernandez with his beloved Clara circa 1947



Dr. Fernandez and Clara in the Key West home they built with sweat,tears and sacrifices , their family felt compelled to leave recently in spite of having all the bills current and paid right up until the time that a forced guardianship was forced upon her family and the bills started to go delinquent.
It was really hard to have to leave our beautiful home of 31 years, many thanks for the people who worked with me so hard to re build the house after Hurricane Wilma.

How Many Must Die Before We Realize the Elderly are Crying Out for Help?

By MICHELE MANDEL, SUN MEDIA

Theirs were screams for help lost in a world too busy to hear. But, then, we don't listen to the old very well.

The whispers were there: The gardener so overwhelmed he could no longer care for his beloved flowers. The dying son so isolated he was convinced no one would look after his frail mother the way he did.

And, so, twice in the last two months, a desperate, elderly man has taken the life of an ailing loved one before turning the gun on himself.

"I'm not surprised and I think we're going to see much more of it," warns Monita Persaud, GTA consultant for the Ontario Strategy to Combat Elder Abuse. "I think it really needs some catastrophic pattern to happen before there's any kind of real investment and real concrete change."

How many are enough before we listen? How many must die before we see a pattern?

Apparently depressed over the failing health of his cancer-stricken wife, 83-year-old Ed Kling shot Jesse, 81, and then turned the gun on himself.
In a suicide pact last month, Percy Stein killed himself after shooting his wheelchair-bound mother Sarah Grupstein, 84, in the College Park apartment they shared. Stein, 66, was suffering from terminal stomach cancer and had been his mother's sole caregiver for decades.

"Where were the service providers?" Persaud demands. "Could they not see that we have seniors caring for seniors?" Often ill and frail themselves, more and more seniors are caring for loved ones at home with virtually no support from the outside world, she says. In a recent case, a woman, 72, who looks after her 93-year-old mother was given just two hours a week of community support.

"Two hours a week!" Persaud exclaims. "I was thinking, 'My Lord.' So what kind of options do people see when they're so burdened? When you don't get the support, when you yourself are isolated, you see (murder-suicide) as an option."

And it is only going to get worse, with so many aging baby boomers ahead. According to its most recent statistics, the Ontario Coroners' office says 146 Ontarians over the age of 65 took their lives in 2004, 103 of them men. But there were no available statistics as to how many were part of a murder-suicide scenario.

Despite these most recent two tragedies, there are no plans to call an inquest into elderly murder-suicides because there's no clear case the deaths were strictly the result of a system breakdown, says Dr. David Evans, Acting Regional Supervising Coroner for Central West Ontario.

"Especially with the elderly, there are multiple problems: Loss of a partner, medical problems, psychiatric problems, you have all three or four together. You can't always say, 'Well, they committed suicide because the system failed them.' What about the other reasons?"

There will be some who will look at these horrible family homicides and suggest the solution is making euthanasia easier.

In Lake County, Illinois, their elected coroner did just that this past summer by musing in his blog that these so-called mercy killings should be a legal choice.

"Murder-suicide of an elderly couple, is that such a bad way to go?" asked Coroner Richard Keller, following a high profile case in his area. "It is difficult to grow old and particularly growing old into worsening health. It is incredibly difficult to watch a loved one deteriorate into worsening health. It is difficult to watch a loved one decline mentally (from a medical or a neurologic condition) to a point that they are no longer who they used to be.

"Should it be a choice?" 'NOT ACTS OF LOVE'

But instead of romanticizing these kind of deaths, we would do better to heed two Florida researchers who argue we should be doing more to help these elderly caregivers who are often too overwhelmed and depressed to see any other answer.

"We have found these homicide-suicides are not mercy killings, altruistic events or suicide pacts," wrote Drs. Julie E. Malphurs and Donna Cohen in the American Journal of Geriatric Psychiatry. "They are not acts of love or adoration, and they are not compassionate homicides. They are acts of desperation and depression ..."

So how many are enough before we listen? How many must die before we see a pattern?

Surely, four lost lives in two months will do.

"Hopefully, it's the beginning of people really recognizing the gaping hole that exists out there for seniors," Persaud says.

And time for their cries for help to be heard.

Ronda Storms Votes Against Education Cuts

by pushing rope


The Florida legislature cut $114-million from state-run universities and community colleges. The legislature played the tax shift shuffle by increasing undergraduate in-state tuition by 5 percent. The House voted 95-17. The Senate voted 31-2. Ronda Storms voted against the education cuts. Her reasoning was on-the-mark.

"I have serious reservations about moving education out of the reach of our citizens, and I think that's what we're doing," Storms said. Crist was previously adamant about vetoing tuition increases. He now says a veto is unlikely. What he actually means is that Florida is facing a deficit a deficit and screwing students is the best political option. His staffers properly tell him those crazy kids spend too much time on Myspace and Facebook to be bothered to go out and vote.


If Crist really wanted revenue he would end the tax loopholes. Taxing skyboxes could generate nearly a billion dollars. It is not profitable or in local government's interest to help sports franchises. Wayne Garcia's article on how the Tampa Sports Authority is losing money operating Raymond James Stadium is a good place for people to educate themselves on government/sports economics.

Saturday, October 20, 2007

Cartoon For The Week

Letters to Editor Saturday September 22

Hi Buddy

I'm sorry to say that you have been pull into my fight.

The xxxxx xxxxxxx Site was put up because I have all the evidence given me by the victim.

Following a recent email from a so-called "close caring friend of the family" I was accused of putting up a site based on "lies and deceits".

Instead of proving that my information were wrong, they have hired someone to hack into all my blogs and even my email.

I believe they have even tried to do the same on yours.

-----------------------------------------------

Yes I we have the site under constant attack , had to re built the site ,colors, links and typeset and some articles were taken down. If you notice something unusal please E mail me . There have a number of sites that have been hacked, especially of people who cooperate with us. The authorities have been notified and they have gotten some I.P numbers that I want to compare with the individuals that sabotaged yours.

Recently a copy of E.A. site was entered into evidence at a court hearing in an attempt to get a contempt of court against the editor of E.A. it seems that sites talk about elder abuse are not too popular now a days. Especially the ones that fight back and expose the perpetrators.

I realize that some of these people have been doing this for many years and we are attacking their livelihood, they are mounting a serious offense against of defamation, I can only assume they are hiring someone smarter than themselves to disrupt our flow of information to the public and to stops us. It seems they Do not want "Their Dirty Little Secret" from getting out.

There are some lawyers involved that really dislike our coverage of guardian ships and want us off the air. Whether they can persuade the judge to shut us down under contempt charges, remains to be seen.

I am also getting threats, many threats and intimidation, we must really be a threat to them, they hide under a mantle of deception and can not stand scrutiny and when exposed by facts they scatter under the cover of darkness, they fight back by intimidation, coercion , deceit, lies because they just can not fight on a level playing field , and resort to trickery because that they only way they can score points with our legal system.

We will continue to expose abusers for what they are , blaming other people for what it is that they so well do.

"You can fool some of the people some of the time, But you can't fool all the people all of the time!"