Elder Justice Only If You Have Very Deep Pockets

by Ray Fernandez

When cases of Elder abuse or Elder financial abuse fall through the cracks it is cause for concern, and to be honest and admit when things aren't working for the benefit of our elders is a way to make it better so that those that come after us can benefit from our experience.

Clara was happily living with her husband for 58 years

Evidence: Sheriff Report Dated 8-23-08 which states:

THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF THIS INTERVIEW. MRS. CLARA FERNANDEZ APPEARED TO BE HAPPY BEING IN HER HOUSE AT 15 WEST CYPRESS, IDENTIFYING THAT SHE AND HER HUSBAND BUILT THIS HOUSE, AND THAT IT HAS MANY MEMORIES.

Sheriff Report #MCSO05OFF007917 dated 8-23-05

in the same report a statement was taken from Clara by the officer:

"I SPOKE WITH MRS. FERNANDEZ, WHO STATED HER SON, A. FERNANDEZ, WAS A BAD PERSON AND HE HAD KEPT HER WITH HIM FOR ALMOST AN ENTIRE YEAR AGAINST HER WILL."

There are still friends of Dr. Fernandez and Clara who knew them well, among these are judges,cops and neighbors who knew them well and knew that they were "The perfect couple".

Judge VonHoff statement;

"The ward, according to certain allegations, was improperly removed from MonroeCounty sometime ago and has now been returned to Monroe County by the Emergency Temporary Guardian appointed by this court and in other words ...the court does not want the ward to be on a string being pulled from one county to another."Judge Gary L. VonHof Circuit Judge Case#502005GA000382XXXXSB 15th Judicial Circuit of Florida for Palm Beach County

Judge Richard Payne

"THIS CAUSE having come before the Court upon the request of Palm Beach County Circuit Judge Gary L. Vonhof and the petition of the emergency temporary guardian to determine residency of the proposed ward, Clara Fernandez, testimony of Clara Fernandez having been heard, argument of counsel for the respective parties having been heard and the Court being otherwise fully advised in the premises, ORDERED AND ADJUDGED that:

I. Proper venue for this action is in Monroe County, Florida because Clara Fernandez is a resident of Monroe County, Florida. " Judge Richard Payne Case# 44-2005-0CP-61-K in the 16th Judicial Circuit Court for Monroe county,Florida

It took a year for Dr. Fernandez to see her wife again at a substantial legal cost involving many attorneys over several counties for these two judges to come to the conclusion that this couple belonged together, the stress created to this couple ( Documented here and Here) caused the premature and unnecessary death of Dr, Fernandez.

Dr. Fernandez became "Over depressed when separated from his wife" Lower Keys Hospital Report" 11-24-2004

Dr. Fernandez's health is quite delicate and should avoid all stressful or confrontational situation"Dr.Elias J.Gerth,MD,FCCM 10-26-2004.

Would you consider dragging Dr. Fernandez through a long drawn out and expensive legal process throughout 4 separate counties, alleging that Mrs. Fernandez does not own her home or live in Monroe County with her husband, stressful.......

It is a well known fact that older people do not transplant well, especially older couples that have been together a long time should not be separated unless there is a good reason the failure to take appropriate action to avoid serious harm to Mrs Fernandez when all agencies that could help were forewarned of the pending danger in taking Mrs Fernandez out of the safety of her especially equipped handicapped home to become a victim of neglect and abuse along with the legal expense and the stress created caused by the forced separation . When Clara was recovered on Agust 5th 2005 the first words out of her mouth were " I was always looking for way to escape."

The legal action that followed precipitated the death of Dr. Fernandez and the spending of all the money left aside for their old age on legal procedures put an end to their golden years together and is a crime that should be carefully analyzed to make sure that the safeguards in place to protect our elders are adequate and does not leave them wide open to predatory practices and years of legal battles, endless court hearings and the wholesale destruction of families.

Now can you imagine those victims that don't have the the money to pay the legal ransom required to get their loved ones back? or to try to get their property back ? What kind of justice can they expect for their loved ones?