Call to Action Congressman Mario Diaz Balart - South Florida

Glorianne M. Amor
Office Manager
Congressman Mario Diaz-Balart
12851 SW 42nd Street, Suite 131
Miami, Florida 33175
305-225-6866
Fax: 305-225-7432
Gloria.Amor@mail.house.gov

Dear Congressman Mario Diaz Balart;

I would like a chance to meet with you and discuss elderly abuse and exploitation issues. I have first hand knowledge that the Elderly People of South Florida are being ruled incompetent , this in order to steal all their assets, including their homes.

The Judge's, Attorney's and Guardian's are working together to extort millions and millions of dollars from these elderly people.

We believe since the State Attorney refuses to prosecute these criminals then we believe special legislation must be made to ensure these crimes are stopped immediately which not only destroy the elderly peoples lives but their families.

As special legislation was made for Terri Schiavo case called the Sunday Compromise we believe since the State Attorney allows these crimes to continue, possibly she is friends with these attorneys and judges, there must be special legislation past to ensure the elderly will not become victims of elderly abuse and exploitation any longer.

My mother is! a victim, she was ruled competent by the Court Appointed Psychiatrist and the Judge refused to restore her civil rights , to date she lost over $600,000 thousand dollars. I would like to discuss special legislation to protect people like my mother, Thank You and I am looking foward to meeting with you at your earliest convenience.

Robert Sarhan, M.D.
Tel. No 305-338-6160
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To all our readers in Dade County, South Florida and surrounding areas that have been touched by this sad state of affairs, fleecing and financial abuse that our elders are faced with by the very same people that are suppose to protect them. Please E mail , then call Congressman Mario Diaz-Balart 305-225-6866 to ask that the congressman give this matter the attention that it deserves after you have called and E mail then please call Dr. Sarhan who is waiting for your call so he can coordinate his meeting with the congressman.

Thank You for being part of the solution..... Let America Know ... We Care..

Senator Schumer Wants the Goverment to Get Serious about Elder Abuse and So Do We!

Auburn, New York, USA by Nate Robson

U.S. Sen. Charles Schumer, D-N.Y., on Wednesday said it was time for the federal government to get serious about elder abuse.

Schumer said the swift passage of the Elder Justice Act, which is pending before the Senate's finance committee, would be the first piece of federal legislation to directly deal with elder abuse.

Schumer said that in 2007, about 8,693 cases of elder abuse were reported in New York, with 120 cases reported in Cayuga County, but a study from the Department of Health and Human Services Administration on Aging shows that more than 80 percent of elder abuse goes unreported.

Mark Miller, the New York state long-term care ombudsman with the New York State Office for the Aging, said the additional funding the Elder Justice Act provides would help improve the training for people who are accountable for monitoring abuse.

The Elder Justice Act would allocate around $163 million for funding programs and conducting research.“It has a huge amount of money in it,” Miller said. “It is going to provide us with some additional resources to better investigate abuse in facilities.”Other aspects of the act would combine law enforcement agencies and health care services in studying, detecting, treating, prosecuting and preventing abuse.

An Elder Research Center would also be created to centralize research, collect data to help highlight health care facilities that have a history of abuse and to raise public and professional awareness about the issue.

With 50 states having 50 different ways of dealing with elder abuse, there is no consistent way to deal with problems. The goal of the Elder Justice Act, Schumer said, is not to replace a state's system, but to augment it.

But Schumer believes more needs to be done. When child and spousal abuse were brought to the national spotlight a lot was done to deal with those issues, and the same could be done with elder abuse, Schumer said, and that's what the act is for.“We appreciate the support of Sen. Schumer keeping (elder abuse) at the forefront.” Miller said. “Ultimately it will make a difference.

”Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

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"So Now Its Elder Abuse Time ! "

WHO-TV-Channel 13 Des Moines,IA,USA February 26, 2008--

"Elder abuse, dependent adult abuse, is basically where child abuse was 20-25 years ago, or domestic violence 10-15 years. So now its elder abuse, dependent adult abuse time," says Hildreth.

It is one of the most under-recognized social problems in America: abuse of the elderly. Experts say, 84% of cases go unreported and 90% of the time, the victim's children are to blame.

"We do run into a dead-end nearly everywhere you go," says Gerald Harvey, over in Dallas County. Harvey and his family are on their own. A mounting pile of paperwork is their only hope for Gerald's 92-year-old sister-in-law, who suffers from Alzheimer's disease. They say, she's fallen victim to a string of predators- most recently, a man who gained complete control of her bank account and property.

The Harveys feel helpless and hopeless. "Who do you turn to? We talked to someone up in the state offices. 'Yes, that's bad.' But what do you do about it?"

"Are we equipped to handle it right now? I think that's obvious. No, we're not," says Linda Hildreth, who serves in the Department of Elder Affairs.

Along with more manpower, Hildreth says, the fight against elder abuse needs better legislation. She says, when seniors are not deemed dependent, they fall into a gray area of the current law. When perpetrators are not classified as caretakers, they slip through a loop-hole. "The tricky part is, if its not the caretaker committing the abuse, then DHS, by code, has no authority to intervene.

"Elder abuse, dependent adult abuse, is basically where child abuse was 20-25 years ago, or domestic violence 10-15 years. So now its elder abuse, dependent adult abuse time," says Hildreth.

Abridged for E.A. =>>

E.A. Welcomes our 65,000 reader

E.A. Just turned a new milestone on Tuesday with 65,000 readers with over 120,000 page hits and would like to say Thank You ! Welcome our 65,000 reader from Washington D.C. Thank You........

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has." Dr. Margaret Mead, American anthropologist and social psychologist.

Thank You E.A. Readers for Helping to Make a Difference!

Dear Ray,
THANK YOU! In the last month, we've made significant progress protecting citizens from several civil injustices: No Medicare Cuts for Now!91,300 members demanded a stop to Medicare doctor payment cuts. The payment cuts were delayed for the first six months of 2008 due, in part, to our passionate activists. We're hoping the cuts never go through at all!

Check out the petition here: http://go.care2.com/e/.TZO/TbSX/YD06

Letters from Readers : The Problem with Judiciary Accountability

I want to say your blog is awesome.

Thank you for bringing all of this great information to the public's blind eye.I found your blog several months ago due to researching elder abuse and the corruption and that follows it.For over a year now, I have been personally investigating a guardian here in Illinois that has been abusing, neglecting and stealing from hundreds of elderly persons.

She is politically connected and has close ties with with court system.I, along with another person have reported this person several times to the so called elder protection agency and they have done nothing.We also called the states attorney's office and all they did was give us some tips and tell us to call the police.

The police say this is a matter for the courts, meanwhile this woman continues to rape the elderly from their dignity and rob them of everything they own.

I was very pleased to see the FOX News do that report. I certainly hope they will do a story on what is going on in my area of Illinois.This woman has literally been given the freedom and legal right to steal millions from hundreds of people with the total help from the entire court system here.I have had many sleepless nights over these horrendous crimes committed by this woman.

I have been threatened by her attorney to leave this alone etc..She has utilized almost every attorney in this county and received her glorious rubber stamp by the judges.We found out that she pays people finders fees to bring her these elderly people.

She has literally picked them up off the street and has bragged about it. Since she has friends in high places, she obtains personal information about elderly people and seems to almost always choose her victims by the fact they have almost none or no living family, no children etc..

She also is in cahoots as you call it with several nursing homes. I could go on and on but this is your blog. I Just wanted to share little bit of my story and give you a HUGE thanks for continuing to make the public aware.Someone out there has got to care about these elderly people, unfortunately for the elderly people that I am trying to protect, I have not found anyone yet.

AJ
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Dear A.J ;

Thanks for writing , judging from the quantity of letters and request for phone calls and recently interviews , your concern seems to be overwhelming a lot of folks and not just in Illinois alone.

This is a matter that bears serious investigation, and that is once an elder is incapacitated the feeding frenzy that follows by the very same people who should be supporting and aiding the family to validate their experience , overcome this tragedy and get back on their feet quickly , but instead choose to spend the elder's money villifying the family in order to discredit and make sure that the elder's own family never gets to exercise their God given rights to conduct their families affairs.

This is a matter of public interest that the media and superior judges are starting to notice and address because what you talk about seems to be more a part of the problem than a part of the solution.

We have been asked to cover this subject both ways, to give credit where credit is due and to expose the practice of penalizing abused elders and their families by talking away their dignity, by stripping their families of the God given right to make the decisions that are theirs and theirs alone.

Editors Note: We consider ourselves lucky in that we have a a good and a honest guardian, however we resent the fact that our resposibilities , to make desicions as to our parents have been stripped from us and given to a stranger and how well intentioned he might be , he still a stranger that needs to be paid for his time and the fact that our parent could have been abused and her assets improperly taken, is now a matter being litigated and up to the court to decide , this does not justify the villification, the constant suspicions, and the 'aura of guilt' that has been hung around our necks at a time when we need the most support in caring for our elder

It has been well documented that we have done an excellent job of caring of our parents, we ask the court and the courts representatives to step back and allow us to do the job of caring of our parent, please remove the shackles and the millstone hanging around our necks....

The situation is bad enough in having to deal with the ageing, incapacitation of our relative , let alone having to fight the entire court system that does wishes not take into consideration prior directives and the rights of the elder to the "Least Restrictive Form of Governance" per Florida statues meant to protect the elder and the elder's family from the abusive intrusions into our private lives that elder abuse families are often subject to.

And AJ don't give up there are good people who care, We certainly care and many others , unfortunately public agencies have not been given the tools or resources to deal with this problem, and their hands are also tied , but together , keep talking , keep writing letters, keep telling people what you know, together we can and are making it better for our elders everywhere by raising attention to this problem.

To Be Forewarned is to be Forearmed!

By Lou Ann

An industry exists in which lawyers, accountants and other unethical participants, sometimes with complicity from probate courts, can separate any of us from our property when certain (not that unusual) circumstances occur. These circumstances can be orchestrated and lead to an Involuntary Redistribution of Assets (IRA). This often occurs with wills, trusts, guardianships or other probate-related situations.

To think that property and assets are your own and that you have control over their ultimate distribution is a mistake. Situations such as are described at www.estateofdenial.com occur more often than most people would ever believe. A close study of this issue leads one to recognize that going to court is not a path that necessarily provides reasonable resolution. This course too easily leads to lawyers or administrators becoming the functional beneficiaries while the intended beneficiaries are left with reduced or no assets as well as potentially significant legal expenses.

With regard to targeting the elderly, I would especially caution anyone living in a retirement community or area which attracts older folks (maybe because of medical facilities). I refer to attorneys or other professionals who seek this type clientele as “walker stalkers.”

Through the transfer of wealth that is getting ready to occur in the next 20 or so years, Involuntary Redistribution of Assets cases will likely skyrocket. People think proper estate planning will protect them – wrong! People think they don’t have enough assets to be a target –wrong!! There is no inoculation from the threat of IRA. Forewarned, however, is forearmed.

How Can you tell if you have a Good Guardian and how can you help a Good Guardian do their job?

By Maria C. Gallo, Esquire

Reader Asks, How Can you tell if you have a good guardian and how can you help a good guardian do his/her job?

How long has the Guardian been in Place? He or she needs enough time to get the 'Wards' assets and liabilities in order and for that he needs time.

Needless to say, Guardians sometimes inherit a mess and they need time to sort it out. The Ward's family needs to cooperate with the guardian and provide him with items that are reasonably requested of him: invoices, detailed expenses, etc.

Try to take reasonable, rational steps to fix the problem. Sometimes the family's knee jerk reaction is to call the governor. Don't call the governor; call the guardian; call the vendors to negotiate better terms or to at least explain the situation and advise them to call the guardian for insight on when they can expect payment.

Good Guardians NEED YOUR COOPERATION AND ASSISTANCE, NOT YOU GENERATING HIGHER GUARDIAN FEES BY YOUR CONSTANT SUSPICIONS.

Sometimes past due invoices generate late fees or deliquencies however as a guardian myself, I understand that guardians are usually in place because of family problems and/or turmoil. Guardians oftentimes come into situations where mortgages have not been paid, invoices are late, accounts are frozen, credit is bad etc.

Guardians are quite capable to picking up the phone and negotiating more favorable terms, waivers of late fees, extensions of service with promise of payment once Social Security gets re-directed and assets get secured and/or located. YOU GET MORE WITH HONEY THAN WITH VINEGAR.

How To Avoid A Forced Guardianship

By Barry Yeoman, AARP Magazine

Nobody wants to end up in a guardianship, and the best way to prevent it from happening is to prepare ahead. Here are the two most important things you can do now to avoid having your life and finances put in the hands of strangers:

1. Select someone you trust to make health care decisions for you if you couldn't—a family member, friend, or legal representative. Then outline your wishes in a legal document called a Health Care Durable Power of Attorney or health care proxy. That person will make sure your wishes are followed.

2. Designate someone to manage your finances if you're not able with a financial Durable Power of Attorney, a specific document prepared by a lawyer, outlining what you want that person to do for you and when.

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In an ideal world Mr. Barry Yeoman is correct and these prior directives should avoid a guardianship and a lot of people out there think they are protected by having a Trust, Will and POA and Health Surrogate planning documents. However in the real world having these does not necessarily means the court is going to acknowledge this documents. In the case of Clara G. Fernandez she had very detailed planned these documents and all were in order.

In other words these documents are only valid in a perfect environment, when certain (not that unusual) circumstances occur which is in a lot of cases then these documents become a moot point.

I think attorneys ought to disclose when they charge people hefty fees to draw up these documents they should be totally upfront and provide disclosures to the effect that in the event that un usual circumstances occur or in the event event that one of the members of the family has to litigate to bring assets back into the trust because they were improperly taken, then these prior planning documents become null and void. And the wishes of the testator are to be bulldozed over with no consequence and little remedy to afflicted families.

Any feedback to this article by attorneys and I know we have quite a few readers out there that pratice law , please let us hear from you on this subject.

When Prior Planning Directives Become Moot Points

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

By Albert Henry

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.

.... 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 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?

Those of us relying on living wills had best beware.

Read entire un edited un abridged account here =>>

Florida Code of Judicial Conduct

the Florida Code of Judicial Conduct
by Judge Charles J. Kahn

Page 10

Most judges have come to realize that they cannot do their job without lawyers. Most lawyers have concluded that the obverse is also true. Although judges and lawyers meet in a formal context during court proceedings, many other less formal relationships and connections exist between judges and lawyers. Oftentimes, questions about such relationships and connections are governed by the Florida Code of Judicial Conduct (“the code”)1 and the opinions of the Florida Judicial Ethics Advisory Committee (JEAC or “the committee”).2 This article seeks to familiarize Florida lawyers with solutions to frequently occurring situations involving relationships between lawyers and judges.

Social Relationships Between Judges and Lawyers
Lawyers, like members of any profession, commonly form friendships among themselves, and these friendships may well endure beyond the time one of the lawyers takes the bench through election or appointment. Under Canon 2 of the code, “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.” In particular, “A judge shall not allow family, social, political, or other relationships to influence the judge’s judicial conduct or judgment.”3

Source =>>

In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of title 28 of the United States Code (the Judicial Code) providing standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge," provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." The same section also provides that a judge is disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding"; when the judge has previously served as a lawyer or witness concerning the same case or has expressed an opinion concerning its outcome; or when the judge or a member of his or her immediate family has a financial interest in the outcome of the proceeding.

28 U.S.C. sec. 144, captioned "Bias or prejudice of judge," provides that under circumstances, when a party to a case in a United States District Court files a "timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of an adverse party," the case shall be transferred to another judge.
The general rule is that to warrant recusal, a judge's expression of an opinion about the merits of a case or familiarity with the facts or the parties must have originated in a source outside the case itself. This is referred to in the United States as the "extra-judicial source rule" and was recognized as a general presumption, although not an invariable one, in the 1994 U.S. Supreme Court decision in Liteky v. United States.

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Editor's note-Send Us Your Stories

I've asked our readers asking for feel good , success stories as relating to Judges, Guardianship's, and elder abuse stories that ended on a good note.

Unfortunately I have not received enough of those , while the stories of elder and elder financial abuse continue to pour in . Please send us any stories you have good or bad.

We Don't Think Weak And Dependent Old People Are Worth Much

Jenn Glen Hass at the OC Resigster Orange County Florida

Abuse of Elders Cries Out For More Attention

We don't think weak and dependent old people are worth much. For every government dollar spent on child protective services training, only 4 cents is allotted for adult protective services programs.

We have federal laws to protect animals but no federal law against elder injustice; just "information" centers.

Elder abuse just isn't a table topic for most people, says Mary Twomey, head of the UCI Center for Excellence/Focus on Elder Abuse and Neglect.
Yet this abuse – which takes many devious and twisting forms – is increasingly common. Particularly at a time of economic stress. What kind of elders are abused?

We like to imagine our elders as "sweet old ladies" or "old men who are bad drivers." Yet many are simply frail people totally dependent on someone who can care for them or rob them of their treasure and their dignity.

Geriatricians, psychologists, social workers and long-term care ombudsmen gathered in Newport Beach recently for the second international conference on finding ways to recognize – and stop – elder abuse.

The outcome was a call for Elder PEACE – Protection, Education, Advocacy, Collaboration, Eradication – a movement supporters hope will inspire a national audience. (For information, go to http://www.centeronelderabuse.org/.) Hugely ambitious.

"Absolutely," Twomey says. "But it's time. We have recognized the rights of children and of domestic violence victims to protection. As the elder population grows, we need to turn our attention to the victims of elder abuse." And who are the abusers?

About 70 to 90 percent of all abusers are family members, says Dr. Laura Mosqueda, head of the UCI program. So what does abuse look like?

Sometimes it looks like bruises on the body. Other times like a drugged and lethargic elder.
Most often, elder abuse look like an empty bank account, a stolen home, possessions suddenly gone missing. Why are so few cases reported, so few abusers convicted?

Read "T is for Trespass," the latest in the Kinsey Millhone mystery series by Sue Grafton.
Currently a New York Times best-seller, the novel is described as Millhone's "most direct confrontation with the forces of evil."

The book deals with identity theft, betrayal of trust and breakdown in the institutions charged with caring for the old and dependent.

It also deals with the obligation – and frustration – of friends and neighbors witnessing the abuse.

As the story unfolds, as the lead character recognizes the elder abuse of her neighbor, she takes action. She calls the county's adult protective services agency.

But she is uneasy. "This is how the system works," Grafton writes. "A citizen sees an instance of wrongdoing and calls it to the attention of the proper authorities. Instead of being lauded, an aura of guilt attaches."

Her neighbor refuses to admit he is being abused. Being dependent and old is frightening. Often the victims refuse to point the finger at family members. More likely, they are embarrassed and ashamed about being victimized. But there are signs of change.

"Aging boomers are already making a difference," says Rebecca Guider, director of adult services and assistance programs for Orange County. "They are more educated about their rights; less likely to put up with abusive situations."

No one really knows how many elders are abused or neglected by family members and others.
It is a silent crime shouting for your attention.

Financial Abuse of Elders on The Rise

“The amount of incidents of financial abuse have been steadily increasing.” Carl Eklund, deputy director of Adult Protective Services for San Bernardino County.

BROOKE EDWARDS Staff Writer

Barbara Carroll, trusting her family, said she would give certain one’s blank checks. Today, her entire life savings of $30,000 has been depleted. Carroll is one of thousands throughout the state to be a victim of elder abuse — and the numbers are growing. “The amount of incidents of financial abuse have been steadily increasing,” said Carl Eklund, deputy director of Adult Protective Services for San Bernardino County’s desert region. Sadly, Eklund said Carroll’s story isn’t unusual.

She said most of the time this type of elder abuse is perpetrated by a a relative or someone known to the elder. These situations become particularly tragic for seniors, who are often reliant on savings and a fixed income to get by. “I get pension and social security,” Carroll said. “That makes my rent and that’s about it.” She said she doesn’t know how she is going to get by without her savings to fall back on.

In spite of her health concerns, Carroll was one of few seniors willing to come forward with charges against her family. Still, Eklund said, “Rarely does a senior express that they want to press charges.” He said many times they don’t want to get the relative in trouble or they are embarrassed that this has happened to them.

Also, seniors who may already struggle with health problems may not want to deal with the added stress an investigation may bring. With few options left, Carroll called Adult Protective Services and reported what had happened. APS assisted Carroll in filing a police report with the San Bernardino County Sheriff Department’s Apple Valley station. Carroll hasn’t heard any updates on her case since then, and hasn’t had any luck in getting an attorney to take her case.

Do you need to report elder abuse or just need help? Here’s some numbers to call. Elder Abuse Hotline (877)-565-2020 Senior Information & Assistance (800) 510-2020 Brooke Edwards may be reached at 955-5358 or at bedwards@vvdailypress.com

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See related statistics

DCF Employees in Florida Raise Money for Charity

This month's Kudos is dedicated to DCF employees who gave their time and energy to make the Fund raesising campaign a great success. The $97,572.65 raised as of Nov. 1 by Central Office and Northwood IT Center alone (this does not include money raised from Florida state hospitals) is proud testimony of the generosity of DCF employees who know the meaning of giving on behalf of the less fortunate. Your fellow DCF employees ,their families, and the public applaude you for a job well done!

From SunCoast: Congratulations to SunCoast Region employees for raising a grand total of $38,329.81 ! That total averages out to $33.80 per employee. SunCoast has designated the United Way, Red Cross and other charities to receive donations, and below is a breakdown of money raised - hats off to our SunCoast Region colleagues for a job well done!

Dana Sigrest, FSH's FSECC Coordinator stated, "The Florida State Hospital's FSECC kick-off was a success. So many people do not realize the magnitude of need for charitable organizations, nor do they realize the impact that a small donation has on the lives of men, women and children who need assistance."

Abridged =>

E.A. urges all our readers to support the DCF workers in all their hard work to raise funds for the needy and those that are in need of asistance an donate in whatever amount you are able to contribute, even small amounts all add up. We need to see more of this type of activity on an ongoing basis......

Financial Elder Abuse

Elsie Dawe

Financial abuse is often accompanied by other forms of abuse, such as emotional abuse, physical abuse, or denial of rights. Three components are necessary for financial abuse to happen:

• Need or greed. The abuser is under financial pressure.
• Opportunity. The abuser has access to funds or property.
• False sense of entitlement—“I deserve it. I am owed.”

If you fall victim to this type of abuse, your comfortable future can vanish in the twinkling of an eye.

Be very careful to whom you give power of attorney and what conditions you attach thereto, because given to the wrong person(s) with no checks in place, it is a recipe for disaster.

Some seniors will sell virtually everything they have and give the proceeds along with most of their savings to their children so that they can finally get their share from the government in the form of the supplement and also watch their children (and grandchildren) enjoy the money, believing that their children will take good care of them.

Yes, often with broken hearts, they watch their next of kin enjoy their hard-earned money while they live in the cheapest nursing home with nary a penny to spend.

It’s not for nought that the Bible says that money is the root of all evil.

Job Announcement New York City Elder Services

Heights and Hill Community Council, a 38-year old community-based agency serving the frail elderly in Brownstone Brooklyn is expanding our case management program to serve a much larger area in Brooklyn. We are looking to hire 2 Team Leaders/Case Management Supervisors and 8 Case Managers. All positions will begin April 1.

(2) TEAM LEADERS/CASE MANAGEMENT SUPERVISORS (MSW)

The Team Leader works under the supervision of the Executive Director and alongside the Assistant Director. The team leader supervises staff and volunteers and will represent the agency in community and interagency activities, developing and maintaining strong community ties for the designated geographic area.

The Team Leader is the facilitator who ensures that day-to-day operations are carried out in an efficient manner and who keeps the Executive Director fully informed concerning staff needs, morale, and program effectiveness. As a member of Management Staff, the Team Leader works closely with the Assistant Director and the Executive Director in program planning and development.

8) CASE MANAGERS:

The Case Manager works under the supervision of the Assistant Director or the Team Leader/Supervisor and plays a key role in ensuring that agency programs are carried out effectively and efficiently. The Case Manager will work closely with other Heights and Hill staff concerning program effectiveness and together with the Executive Director, Assistant Director, Team Leaders and other team members, plan and carry out agency activities and programs. The Case Manager will, with the approval of the Team Leader, attend community meetings, attend training sessions, participate in committees and work with professional staff of other agencies and organizations that provide services to the elderly.

*Responsibilites and Qualifications posted under comments

To apply, indicate position you are applying for and send cover letter and resume to rsvphhcc@aol.com or fax to (718) 403-0346

Fox News 5 : Esta Varon- Guardian Abuse Secret is Out -Must See!

Click on MyFoxNY.com to view -thanks to Vernon Sinn- Imagine a perfect stranger coming into your life, taking control of all your money and possessions, selling off your home without your permission and then deciding where you are going to live. You might think it was a huge scam, but it's not. In fact, what's shocking about this story is: It's all perfectly legal and it's happening every day to thousands of people across this country. Fox 5's Mary Garofalo has a special investigation that is a real eye opener.

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We are aware that the "Largest Transfer of Wealth in Our Nation's History" is taking place, and opportunists think they have found a gold mine and officials, judges, and some unscrupulous attorneys are just as guilty by going along for the ride and dealing with these scammers with silk gloves or even faciliting the scams..

"The Evil that Men Do Does Live After Them"William Shakespeare

We need you to Contact Fox News and encourage them to do more stories like these here =>> Also log on to Fox News and E mail the story to everyone you can think of, let the Fox executives know Americans care about their elders........

Dr. Vernon Sinn - Guardian Abuse-

As the Editor of E.A. I have been doing some research on Guardianship abuse and the practice talked about on Fox channel 5 News , the practice of a stranger taking over an abused person's estate and taking control the finances including any income that person has to pay while the legal costs of attorneys appointed by the court gets rubber stamped no matter how far fetched they might and of no benefit to the 'Ward'. While the elder and their family is further traumatized.

Read on and find out more about this practice that is Elder Guardian Abuse with no body watching the henhouse and any one that dares speak up for the family gets villified. Family is villified to keep control and the laws intended to protect the elderly are ignored that apply to guardianship, including prior directives , POA's and Health Care Directives that have been given to family prior to the person becoming incapacitated.

I am going to tell you about the case of Guardian Abuse involving DuPage's County Administrator , Didzerekis who received other jobs such as his appointment as guardian for Dr. Vernon Sinn a reader and regular contributor to E.A. who has suffered for many years this horrible nightmare that so many of us are having to go through.

Like many professionals in private practice, Dr. Vernon Sinn helped many people while he was at Elmhurst Hospital. Dr. Sinn was diagnosed with cancer and underwent treatment. This was a devastating time for Dr. Sinn, but even worse was how he was abused when he was unable to take care of his affairs, let alone himself.

During the course of his treatment he was made a ward of the State of Illinois . Dr. Sinn was given a court-appointed guardian to administer his affairs while he could not. Guardians are supposed to be held to the highest standard of trust and accountability as they manage the estates and affairs of the wards that are entrusted to them. Paul Didzerekis received this position of trust to care for this doctor who had given so much to so many others.

Yet during the time he was supposed to be caring for Dr. Sinn's affairs, he was actually robbing him blind! While Dr. Sinn was incapacitated, Paul Didzerekis managed to dispose of the property from Dr Sinn's mother's estate which was left to Dr. Sinn when his mother passed on. Dr. Sinn had rehabilitated the house left to him by his mother, using his own personal funds.

Priceless personal memorabilia that can never be recovered was sold or destroyed, as well as antiques and other furniture. There were possibly many involved in this corruption. This was personal property of Dr. Sinn, stolen by an Elected Public Official while Dr. Sinn was on his deathbed, dying of cancer. Connect the dots!

I believe this crook probably thought that Dr. Sinn would not survive his cancer treatments. Much to everyone's surprise, Dr. Sinn not only recovered and his cancer went into remission.

When he was able to return to his home, he was greeted with an eviction notice! He then found that his property had been sold out from under him while his affairs were being managed by the guardian, Mr. Didzerekis.Is this how the Illinois Guardianship Program is supposed to work? NO!

But this is what we have to look forward to when we get ill, so prepare yourself! This happened to Dr. Sinn, an is NOT an isolated incident.

This case is well documented , such as many others talked about on this web site . The following documents show how Mr. Didzerekis accomplished his goal of cleaning out Dr. Sinn's Estate.

His theft of Dr. Sinn' s property would be considered Grand Theft, as the value of the property alone is several hundred thousand dollars. In addition to this were the priceless family heirlooms that will never be recovered, all because of the greed behind this act of Abuse to a truly loved American.

Paul Dieresis is a well known Real Estate attorney. He also owns DGW Real Estate, apparently managed by his wife. Doesn't anyone know what the definition of Conflict of Interest is? He is the last person who should have been awarded any type of Guardianship over anything.

So, this seems to be a well-managed conspiracy to steal property, and it has worked very well until now, as he got caught!

Dr. Sinn is now trying to get justice in the Federal Courts. Most State Agencies associated with this case have not only obstructed Dr. Sinn from getting the justice he needs, but have also delayed and hindered him in gathering the information needed to make a case. The Real Estate Licensing Agencies are involved, as well as others.

If you think I haven't given you enough evidence of corruption that has been covered up, this page and the information posted on it should be a wake-up call to all Seniors and anyone who is even thinking about retirement. This should also be fair warning to anyone with a family member who is either handicapped, or disabled due to illness. Beware! We will all be old some day and perhaps put in this same situation.

FEBRUARY 18,2008/PRESS RELEASE FOR DOCTOR VERNON C. SINN:

ATTENTION ALL PRESS AND AMERICAN CITIZENS IN THE USA: DOCTOR VERNON C. SINN IS ONLY ONE MAN AND IS IN THE FIGHT OF HIS LIFE IN COURT AND NEEDS YOUR HELP IMMEDIATELY. DOCTOR SINN, AN AMERICAN HERO, IS ASKING FOR ANY ATTORNEY WHO MIGHT BE ABLE TO SEND ANYONE WHO MIGHT LIVE NEARBY AND SURROUNDING THE CHICAGO AREA AND ADDISON,ILLINOIS TO HELP HIM WITH HIS LEGAL FIGHT. TO INCLUDE THE STATE OF CALIFORNIA ATTORNEYS AND ANY OTHER ATTORNEYS IN THE UNITED STATES OF AMERICA WHO MIGHT BE ABLE TO REFER HIM TO A POWERFUL LEGAL FOUNDATION/ORGANIZATION WHO CAN STEP IN AND HELP HIM SETTLE HIS SIX YEAR FIGHT IN COURT. PLEASE DO THE FOLLOWING: GO DIRECTLY TO: WWW.DUPAGECORRUPTION.ORG AND THERE YOU WILL FIND HIS STORY AND HIS CONTACT INFORMATION. YOUR VERY OWN CLIENTS COULD BE AFFECTED ALREADY , THIS IS URGENT, PLEASE GO THERE NOW THANK YOU FOR CARING FOR THIS WONDERFUL AMERICAN HERO, DR. VERNON C. SINN.

The OLder Generation is Ripe For Picking

By ANN GOWANS

The older population is extremely vulnerable to exploitation. The perception is out there that the older generations were and are savers, have built up large nest eggs that are ripe for the picking.

Thieves and fraud artists from many sectors of society are singling out older adults for scamming and various kinds of theft. People, who are often well known to the victims, take more than a million dollars from older homeowners every year in this country. The number of con artists is growing because they are working in an enlarging market place. Senior exploitation is on the rise in part because the numbers of older adults is soaring, and these crimes are often difficult to prosecute because most cases go unreported.

As the number of older adults grows, so does the rate of crime against them. According to Elder Abuse statistics, as many as 5 million annual cases of financial exploitation occur nationwide. Some of those who follow these crimes estimate that almost certainly financial exploitation runs into the billions every year. The White House Conference on Aging reported that only one of 100 cases is reported to police. The victims fear reprisal, judgment on their mental acuity and general embarrassment.

The most insidious fraud committed against elders is that which comes from family members.

It can be truly heartbreaking for a mother or father to be victimized by someone in his or her own family. These cases need special attention and understanding from financial institutions and those close to the victims. Being old is hard enough without being cheated as well.

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They go unreported because once they are reported the elder could subject himself/herself to a forced guardianship, so is it better to have a son or daughter you know abuse you or to take your chances with a stranger that will make you a ward of the state take over your finances and make decisions that should be reserved for the family and the elder to make ? or even put you in a nursing home against your will such as happened to Esta Varon!

Words Of Wisdom-Quotes-

"You don't see things as they are. You see things as you are." Talmud

A Sunday Not To Long Ago In Memory of Clara and AJ

"But at the beginning of creation God 'made them male and female.' For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh.' So they are no longer two, but one. Therefore what God has joined together, let man not separate."Mark 10:5

Western Culture Encourages Polygamy by Paying Welfare Benefits for Separate Wives

By TOM GODFREY -- Sun Media The Toronto Sun

Hundreds of GTA Muslim men in polygamous marriages -- some with a harem of wives -- are receiving welfare and social benefits for each of their spouses, thanks to the city and province, Muslim leaders say. ..polygamous marriages are recognized as spouses under the Ontario Family Law Act, providing they were legally married under Muslim laws abroad.

"Polygamy is a regular part of life for many Muslims," Ali said yesterday. "Ontario recognizes religious marriages for Muslims and others."

He estimates "several hundred" GTA husbands in polygamous marriages are receiving benefits. Under Islamic law, a Muslim man is permitted to have up to four spouses.

The average recipient with a child can receive about $1,500 monthly, city officials said.

"There are many people in the community who are taking advantage of this," Ali said. "This is a law and there's nothing wrong with it."

"Canada is a very liberal-minded country," Ali said. "Canada is way ahead of Britain in this respect."

He said Britain recently began permitting husbands to collect benefits for each of their wives.
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Not to encourage any of you to convert to Islam but it does have its benefits ! Wonder how long it will be before the US (catches up with Canada and the UK?)

Sleep: The Gift of the Gods

Irene A. Masiello / author: PARADISE COSTS--

While most of us could use a week at a spa de-stressing, most often our heavy schedules barely allow enough time to get a good night’s sleep. Sleep is the gift of the Gods and most of us need more of it to recharge our spirits.
We are a sleep deprived nation and not getting enough rest has vast implications. When we’re tired our cognitive function drops, job performance decreases, our concentration is diminished, we lose our tempers faster and our waist-lines increase.

"The Duvet Diet," a sleep-yourself-thinner plan advanced by author Jane Worthington, report London's Times Online and Daily Record indicates that one extra hour of sleep a night every night for a year could translate to a weight loss of 10 pounds.

Dr. Shahrad Taheri, who also operates an obesity clinic, at University of Bristol has done extensive research in this area and told the Times Online, "How much sleep we have affects our IQ, our suicide risk, our chance of substance abuse and our weight.”

For decades, the national average of body weight has been on the increase. Most of us admit we're getting far less sleep, too. Are the two really connected? Yes. Obviously, if we're awake longer, we have the opportunity to consume more calories. But it's more than that:

A bad night's sleep usually equates with over-eating the next day & may convert to an increase of 1000 calories in an attempt to overcome fatigue Hormones that control appetite are decreases with a lack of sleep Lower glucose tolerance levels result from a poor quality of sleep and, therefore, can also be a factor in obesity by increasing the risk of diabetes and heart disease.
Less sleep equates to raising body mass index (BMI) and that applies to kids, too.

Also, a single poor night’s sleep can depress and compromise our immune systems.

Interestingly enough, RealAge.com tells us eating the right foods can help us sleep.

“Bananas,” RealAge.com states, "They're practically a sleeping pill in a peel. Bananas contain sleep aides melatonin and serotonin as well as magnesium, a known muscle relaxant.”

Also, Mom was right, warm milk is a great sleep aide because it contains a trace of tryptophan, an amino acid with a sedative-like effect, as well as calcium.

Honey, says RealAge.com, is a sleep aide. Put a teaspoon or two of honey in warm milk or chamomile tea. This tiny bit of glucose will send a message to your brain to turn off a neurotransmitter that has been linked to alertness.

Oatmeal is wonderful source of melatonin; make it with warm milk and a drizzle of honey.

Almonds are not only good for your heart, but they also contain tryptophan and magnesium which assists as in getting more sleep. Drop some sliced almonds into the oatmeal with a half of mashed banana with the honey and the warm milk. Sweet dreams, cupcake, and reduce your cholesterol, too, while your hug your teddy.

Whole wheat toast with a little honey and have a cup of chamomile tea can make for a late snack that’s low cal and high octane zzzzzz.

Set the stage for a great night’s sleep by having a turkey sandwich on whole wheat bread or have just the turkey with a small white potato and you will be on your way to la-la land after that bubble bath.

According to DrSears.com the best dinners to induce a good night's sleep?

Pasta with parmesan cheese
Hummus with whole wheat pita bread
Meats and poultry with veggies
Tuna salad sandwich

Scrambled eggs and cheese

Cottage cheese, pasta and seafood
Sesame seeds sprinkled on salad with tuna chunks and whole wheat crackers

For those watching your cholesterol and concerned about saying “cheese” too often ask your doctor about taking calcium supplements—it’s a great sleep aide but don’t use it unless your physician says it’s right for you.

Try a little aromatherapy and use some lavender oil on a pillow case, too.

Pleasant dreams.

© Copyright December 2007-All rights reserved-Irene A. Masiello is a certified: holistic/CORE counselor, a stress management consultant & adult educator. Irene A. Masiello / author: PARADISE COSTS--A Victim's Daughter Fights Back Against Elder Abuse...the first pro-active, grassroots REALITY WRITING book urging Americans to help STOP ELDER ABUSE NOW / Elder Advocate & Member of the Elder Justice Coalition / Founder: Starlight Network News / Certified: Holistic Counselor, Stress Management Consultant & Adult Educator / NYC-based magazine columnist authoring a holistically based, spiritual self-help & personal empowerment column since 1998

Mississippi Senate Passes Stronger Penalties for Elder Abuse

Jackson , Mississippi, USA Sun Herald.Com Elder Abusers in Mississippi will face harsher sentencing after thursdays legislation was passed to allow stronger penalties for a person found guilty of assaulting a person 65 or older. Senate Bill 2223 passed the Senate and moves to the House.
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Hooray to Southern States for taking the lead to criminalize Elder Abuse!

Senator Schumer Calls Elder Abuse "Scourge"

STATEN ISLAND, N.Y. -By TOM WROBLESKI - As baby boomers age and become ever more vulnerable to the scourge of elder abuse, U.S. Sen. Charles Schumer called yesterday for stricter federal penalties for those who physically harm or financially take advantage of senior citizens on Staten Island and across the country.

"That's a despicable act," Schumer said. "We have to have much more severe penalties."

Schumer called on Congress to pass the Elder Justice Act to help combat the problem.

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Contact Senator Charles Shumer NY here=>> and urge him to add more protective measures. Legislators are under immense pressure from the many long-term care lobbyists who swarm their offices. Your support will give him the needed courage to do the right thing.

Kentucky Takes the Lead on Elder Abuse Prevention

By Michelle Rauch E-mail Biography

University of Kentucky Gerontologost Dr. Pamela Teaster is leading the fight to prevent elder abuse not just in Kentucky, but across the country.
She has just been named the president of the National Committee for the Prevention of Elder Abuse. A five state research project she has spent several years on has already shown Kentucky is on the cutting edge of this issue.

The state has local elder abuse coordinating councils in most of the counties something that can't be found in any other state.

It is something Dr. Teaster says can be replicated and should. It is estimated for every one report of elder abuse five more go unreported.

"Prosecution rates are not as high as they could be. Families do not want to come forward. Elders don't want to admit it. It's historically difficult to prove," Dr. Teaster says.

But research like hers and education are changing that.

"Child abuse has had federal funding whereas elder abuse only has state and community funding or community funding. We would like the elder justice act passed finally," Teaster says.

That would bring federal legislation and funding to fight against elder abuse.

Kentucky Facts From the Cabinet for Health and Family Services
6,000 reported cases of elder abuse or neglect are reported every year.
Allegations of abuse typically fall into three main categories, physical and sexual abuse, caretaker neglect and financial exploitation. The average age of victims was 75. Most crimes against the elderly are committed against women; however the gender gap is narrowing.

Help Lines and Hotlines

Elder Abuse Hotline 1-800-752-6200
Long Term Care Ombudsman 1-800-372-2991
Attorney General's Tip Line 1-877-ABUSE-TIP or 1-877-228-7384
Attorney General's Online Reporting Form
Spouse Abuse Hotline 1-800-544-2022

Elder Abuse National Resources:
Http://www.ncea.aoa.gov/ncearoot/Main_Site/index.aspx
http://www.preventelderabuse.org/

Confrontation with Son leads to Elder's Death Under Investigation

Wilkes Barre,PA,USA Township police along with the Luzerne County District Attorney and Coroner offices are investigating the death of 64-year-old Ernest Zalaffi, who died Sunday at Wilkes-Barre General Hospital.

Her father, Frank Pascucci, said a confrontation took place between the elder Zalaffi and his son on Sunday before the elder Zalaffi died. He said the district attorney has been in contact with the family and is expected to make an announcement sometime after today’s funeral.

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Elder Abuse is a Heinous Crime that Must be Stopped-No Matter How Profitable of an Industry it Has Become!

Rep. Constan supports plan to protect seniors from elder abuse

LANSING/DEARBORN HEIGHTS - State Reps. Bob Constan (D-Dearborn Heights) and Richard LeBlanc (D-Westland) recently threw their support behind the Elder Financial Protection Act, a plan that aims to shed light on the reprehensible act of elder abuse by cracking down on criminals who financially exploit seniors for their own gain.

"Elder abuse is a heinous crime that must be stopped," Constan said. "As people get older, they often need the help of friends and family to manage their finances. It's horrible that our seniors are often taken advantage of by the very people who are responsible for their care. We must strengthen protections for our seniors to make sure they are not taken advantage of by predators."

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Keep Spotlight on Elder Abuse

By Violette King

Re the story by Diane C. Lade about the Munne Center assisted living facility south of Miami evicting residents without due process : The power of the press in bringing about a safer environment for our elderly and frail citizens cannot be overemphasized. Long-term care facilities spend a lot of money to make sure that their beds are full. They know very well that bad publicity translates into the anathema of empty beds. Stories like this one are an effective control of bad behavior.

Legislators such as state Sen. Ronda Storms, R-Brandon, who is contemplating legislation to require facilities to give a reason for discharge, should be spurred on by you to add more protective measures. Legislators are under immense pressure from the many long-term care lobbyists who swarm their offices. Your support will give her the needed courage to do the right thing.

Involuntarily discharging a resident is a grave matter. The elderly do not transplant well. Serious setbacks and even death may occur from what is known as "transfer trauma.

" There are only three acceptable reasons for asking a resident to leave: The facility can no longer meet the resident's needs, the resident or Medicaid has failed to pay the bill, or the resident is a danger to him/herself or to others. The burden of proof should always be on the facility to prove its case, which should be done at a proper hearing where legal assistance is provided for residents who cannot afford an attorney.

Because there are good profits to be made and there is a lack of oversight, far too many unscrupulous characters go into this serious business. Taking up residence in an assisted living facility is not a choice for most people. They are there because they have needs that the facility has agreed to meet. When a resident or the family complain about needs that are not met as agreed, the facility all too often asks them to leave.

Threat of eviction has a chilling, silencing effect on families who usually have no other choice for placement. The usual laws of the marketplace do not apply to long-term care. Violette King is president of Nursing Home Monitors, a non-profit, all-volunteer advocacy group for nursing home safety.

Cameras Mulled for Nursing Homes

NEW YORK - ori published 2001 - Surveillance cameras keep a silent watch these days at schools, shops and offices. Could grandma's bedroom at the nursing home be next?

The nursing home industry hopes not; it has steadfastly opposed so-called "granny cams." But industry critics, including some whose parents were abused at nursing homes, think surveillance could reduce mistreatment of elderly residents and improve services for them.

Proponents of surveillance cameras say nursing home residents and their families should decide for themselves whether to install the devices and how to use the footage. But Kane says this would be unfair.

"Other businesses are monitored, but it's a management tool. In this case, management never even sees the tape," he said. "What we're afraid of is the tape goes straight from someone's room to a law firm."

Advocates of the cameras agree that privacy is a sensitive issue, but insist that families - not management - are the best arbiters of what's appropriate.
"My mother would not want a video camera under any circumstances. My father would welcome it," said Barbara Hengstebeck, executive director of the Florida-based Coalition to Protect America's Elders.

"Most families know what their parents would want." Hengstebeck said cameras might detect some flagrant abuses, but she believes the industry's fears really center on poor service. "They're worried about what people are not going to see," she said.

"There's more neglect than anything else. You're going to see people not getting bathed, not getting fed, call bells not getting answered. That's what they're afraid of."

King believes surveillance cameras could be a win-win proposition - bringing peace of mind to families and encouraging nursing-home to make improvements that eventually would lower insurance costs.

More on this =>>

Articles Related to Videotaping

Video of a 90-year-old man beaten inside his home by a caregiver has caused outrage

Deputy now suspended after dumping man from wheelchair

L.A. Hospital Sued for Obscene Case of Patient Dumping

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This is an issue thaty has been tabled before but in view of recent videotaping incidents that have made the news media we are bringing it up once more as a subject worthy of consideration.

I am afraid that opponents of Cameras in nursing homes are right , we will see a rise in lawsuits and a lot of very un-happy families that are not going to like what they see. You will also see a lot of very dedicated workers that should be commended for what they do.

State Protective Services For Adults Faces Cuts-One Third API Jobs Eliminated

By ANDY MILLERThe Atlanta Journal-ConstitutionPublished on: 02/20/08
The elderly woman had lived in an antiques-filled Atlanta townhouse and had amassed more than $1 million in assets.

By the time Susan Geoffrey met her, the townhouse was gone, and the woman, in her 80s, had only a fraction of her money left.

A caregiver, who had power of attorney, had spent the woman's money at a rate of up to $60,000 a month, says Geoffrey, an adult protection worker who investigated the case for the state. Geoffrey helped stop the years-long scam.

But under a budget plan proposed by Gov. Sonny Perdue, up to one-third of the adult protective services jobs — about 53 — may be eliminated. The state Department of Human Resources, which runs the program, cites a loss of $4.1 million in federal funds as the reason for the budget crunch.

Physical abuse of seniors can include beatings, cigarette burns and broken bones. Some people are deprived of food and needed medications.

"It certainly did shock me," Geoffrey said of her experience as an adult protective worker. "I couldn't believe that people could treat other people, especially family, that badly."

The Adult Protective Services hotline number is 1-888-774-0152 statewide, or 404-657-5250 in metro Atlanta.

Abridged Read it all here =>>

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Susan Geoffrey I extend you an invitation to read Elder Abuse on a regular basis, then you can join the 'believers' like many of us here at E.A. who were once naive and innocent non believers also! We also could not believe that an elder once abused would be subject to a forced guardianship by the state and for those lucky enough to have any money left to years of wrangling in the civil courts......

Once again please contact Governor Perdue of Atlanta here =>> and ask him what alternate plans he has to protect our elders after his phases out the State Protective Services Jobs? does he intend to form an special elder abuse task force such as other places have done?

One Thousand Elder Abused in Only Six Counties

Posted by Michele Reaves

Syracuse, NY - Sen. Charles Schumer visited Syracuse today to talk about a congressional bill to fight physical and financial abuse of senior citizens.

More than 1,000 cases of elder abuse were reported in six Central New York counties in 2007, said Schumer, citing numbers from the state Office of Children and Family Services.

"What's so disturbing about this is for sure these are only a fraction of what is out there," Schumer, D-N.Y., said during a news conference at Vera House on Thompson Road. He said many seniors don't report abuse because they feel embarrassed or don't want to complain about their problems.

The Elder Justice Act, co-sponsored by Schumer, would create a federal Office of Elder Services in the Justice and Health and Human Services departments, Schumer said. The bill would call for training to provide better detection of problems, safe havens for abused seniors and tougher requirements that abuse be reported even if it reflects badly on a nursing home or other facility.

Could This Could Happen to Someone You Love!

this just in from a reader: On February 19 there will be a story on channel 5 here in NY about Esta Varon the lady in the green sweater in Annie's youtube video (search for esta varon). The story focuses on how and why such a healthy and capable woman was put in an assisted living place against her will.
Listen to Esta, who clearly tells it like it is.

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Without listening to the whole program on channel 5 , I can only take a guess but I can tell you the reason Clara G. Fernandez was put in several nursing homes against her will and drugged was because ruthless financial predators had helped themselves to her savings, CD's,stock and bonds accounts, and if you incapacitate the victim and put her in a nursing home, how is anyone going to find out, unless someone publishes a web site and tells the world.- hence the law of un intended consequences.

Please Let Those on a Need to Know Basis Know!

Contact Florida DCF Officials, Governor,

Below are the phone numbers, fax numbers, and email addresses for Florida Department of Children and Family Services officials, Florida Governor Charlie Crist, Lt. Governor Jeff Kottkamp, and members of the DCF Panel in Tallahassee.

I suggest elder supporters call and E mail all of the officials listed below. If the intended party is not available, which will often be the case, please leave a short, clear message telling them that you want justice in the elder abuse case of Clara G. Fernandez and that you feel Elder Abuse Laws should be brought up to par with Child Abuse laws and Elder victims should not be penalized and lost in todays the civil court system..

I suggest you leave your name, phone # and email address. Please remember to always be polite, respectful, and to the point.

Thank You for your support

Ray Fernandez

Florida Governor's Office
Charlie CristFlorida Governor
850-488-4441
Fax: (850) 487-0801
Charlie.Crist@MyFlorida.com

Jeff KottkampLt. Governor
850-488-4711
Fax: 850-921-6114
Jeff.Kottkamp@MyFlorida.com

Florida's Department of Children & Family ServicesExecutive Leadership Team

Robert A. ButterworthSecretaryOffice: (850) 487-1111
Bob_Butterworth@dcf.state.fl.us
Fax: (850) 922-2993

Don WinsteadDeputy SecretaryOffice:
(850) 487-1111
Don_Winstead@dcf.state.fl.us

Steve HolmesChief of StaffOffice:
(850) 487-1111
Steve_Holmes@dcf.state.fl.us

Greg KellerAssistant Secretary for OperationsOffice:
(850) 487-1111

Melissa JaacksAssistant Secretary for AdministrationOffice:
(850) 487-1111
Melissa_Jaacks@dcf.state.fl.us

Ken DeCerchioAssistant Secretary for Substance Abuse and Mental HealthOffice: (850) 487-1111

storms.ronda.web@flsenate.gov
Chair: Senator Ronda Storms (R)
(850) 487-5072

Vice Chair: Senator Gwen Margolis (D)
margolis.gwen.web@flsenate.gov
(850) 487-5121

Senator Carey Baker
baker.carey.web@flsenate.gov
850) 487-5014

SenatorAnthony C. "Tony" Hill, Sr.
hill.anthony.web@flsenate.gov
(850) 487-5024

SenatorEvelyn J. Lynn
lynn.evelyn.web@flsenate.gov
(850) 487-5033

SenatorNan H. Rich
rich.nan.web@flsenate.gov
(850) 487-5103

SenatorJ. Alex Villalobos
villalobos.alex.web@flsenate.gov
(850) 487-5130

Will post under comments some important developments please check back

Governor Schwarzeneger "Terminates" AB 399: Last Minute Veto of Law That Would Have Protected Nursing Home Residents, Passed By Legislature 117-1

by Alicia Curran, Esquire Felicia curran http://www.boxerlaw.com/ http://www.elderadvocacyblog.com/

Governor Vetoes Bill to Protect Nursing Home Abuse VictimsSan Francisco

-- On Sunday night, just hours before it would become law, Governor Schwarzenegger vetoed AB 399, striking down an immensely popular bill to aid elder abuse victims in nursing homes by improving investigations of abuse and neglect. The bill would have required the California Department of Public Health to complete investigations within reasonable time limits and to notify complainants of findings.

Abuse and neglect have reached crisis proportions in California nursing homes. Complaints and facility reports of abuse and neglect have more than doubled in recent years and continue to grow at double-digit rates each year. More than 15,000 complaints and facility reports are expected to be investigated this year.

"The veto is devastating to elder abuse victims in nursing homes," said Patricia McGinnis, CANHR's Executive Director. "It is shocking that the Governor won't commit to timely investigations of abuse and neglect."

For more information contact:Pat McGinnis, Executive Director, CANHR (415) 974-5171Michael Connors, Advocate (626) 796-6178California Advocates for Nursing Home Reform (CANHR)http://www.canhr.org/"The veto is just one of a series of vetoes of pro-family bills by Governor Schwarzenegger.

For more information, read Julius Young's article in the California Progress Report:"Schwarzenegger Vetoes Pro-Family Bills As Corporate Interests Trump Family Values" Email the Governor and tell him what you think and that you vote - click here.

Felicia curran http://www.elderadvocacyblog.com /http://www.boxerlaw.com/*

"America" - Equal Opportunity for All?

by Ray Fernandez Key West,Florida.-USA

America offers equal opportunity for cold ruthless predators who have an opportunity not only to ruin their credit with Federal Tax Warrants , Foreclosures, Liens, etc. but they get equal opportuity to ruin other people credit, careers and damage other people lives.

When older people lose their homes and get hurt because of this, it ought to be a crime!

On August 21, 2004 when Clara G. Fernandez was abducted or "improperly taken" from her home; Clara enjoyed a A-1 credit rating, she was current on all credit cards, revolving home credit line which she used to make high yielding investments and just recently she had filed an income tax with an income of $186,000 reported to the IRS.

Clara had received a refund of $20,000 for the priors years return and was building a home in Orlando, Florida, and the future could not look any brighter for Clara G. Fernandez and her husband Dr. A.J. Fernandez who were looking to spend their golden years in retirement together going to Disney World, traveling , enjoying each other in the company of their family and grandchildren.

All this was to come to screeching halt as Adalberto J Fernandez Jr. a social worker and William A. Hart , who had not previously not shown any interest in the elders until now, suddenly take the spotlight by removing Clara from her home, medicating her over and beyond what's recomended for a person her age, obtaining a Power of Attorney and helping themselves to the elders savings, certificate of deposits, bonds, and stock accounts.

One of the first acts of the couple was to fax Clara's Certified Public Acountant and stop him from doing Clara's Income Taxes. They claimed that they now held Clara's P.O.A. and threatend the CPA, Mr. Zuelch with subpenas and flooded his office with phone calls, thus blocking Clara's C.P.A.'s efforts to work on her Income Taxes.

These are estate planning documents faxed from ANDYTHORNAL in Winter Haven, Florida.

I have also seen documents that prove that Clara's eldest son, Aldaberto Fernandez and his partner William (Bill) Hart, while they both were living in Tampa, Florida, both received a sum of $312,388 from the Elder, Clara Fernadez as a loan and or gift to buy a house or establish a business.

BubbleShare: Share photos - Find great Clip Art Images.

SADLY; As generous as this mother and father were, the eldest son and his partner still took full advantage of this ailing father and elderly mother who was suffering from Dementia and other ailments.

Click here to enlarge document or go here to view courthouse records =>>



Click here to enlarge document or go here to view courthouse records =>>



Adalberto J. Fernandez Jr. and his partner William (Bill) Hart leave a trail of destruction and mayhem!

There is much evidence and several witness's that will testify that Mr. William A Hart was terrorizing his partners father while at his home. Dr. Fernandez was so upset that something was terribly wrong with his missing wife by seeing Mr. Hart at the door, when family and neighbors realize that it was just Bill Hart impersonating a police officer ! When answering a neighbors questioning, Bill Hart replied; " I am with the Sheriffs Department", when clearly he caught snooping and harrassing at the home of Dr. A.J. Fernandez.

Consequently, Mr. Hart gets a trespass warning and Dr.Fernandez gets hospitalized because of the undo stress caused by this stalking.

Looking at the documents on this site, it clearly proves that these elders had never been late on their Taxes or paid a penalty.

Look where it says;

"WE CHANGED YOUR ESTIMATED TAX TOTAL - YOU ARE DUE A REFUNDWE CHANGED YOUR 2001 RETURN. AS A RESULT OF THESE CHANGES, YOU ARE DUE A REFUND OF $20,882.00 IF YOU OWE NO OTHER TAXES. YOU MAY HAVE EXPECTED A DIFFERENT AMOUNT OR NO REFUND AT ALL. IF YOU THINK WE MADE A MISTAKE, PLEASE CALL US AT THE NUMBER LISTED ABOVE."

How did this ever come to pass?

These documents show records of before the elder son Adalberto J. Fernandez , and his partner Mr. William A Hart took the elderly woman Clara.


This reads:

"You now owe because of penalties and interest $551,941."

The dates show that this was after Clara's C.P.A. was ordered by Clara's eldest son and his partner to stop doing her taxes.

What was the purpose of that? Now the elderly woman is charged with enormous penalties?

This is indeed a crime, and how is the elderly woman to pay these penalties, and why should she have to?

She never ordered her C.P.A. to stop processing her taxes!

Interestingly enough, again, proof of Clara's credit card balance, -0- for the month of June 2004 before her abduction.

Now this document shows her sad state of affairs, you can see that her account is now in 'collections' and her A-1 credit is now ruined forever.

How will this elder ever be able to re-coop her losses and ever repair her credit?

It is quite evident to me, as well as other blog readers I have contacted through this blog, that the evidence is indeed very strong and that Clara's eldest son and his partner abducted and bilked the elderly mother and left her in financial ruin!

Where is the Justice?

Who Are Public Agency Investigators Protecting: The Neglected Elder Or The Perpetrator of The Neglect?

Related articles: Blame the Criminals Not the Victims

The system fails to protect the victims of elder abuse

Hospice Foundation of America Partners With AGIS for New Online Resource to Help Millions of Americans

AGIS' New Section Provides In-Depth Information and Expert Advice for Caregivers Struggling With Complex End-of-Life Issues With Loved Ones

San Ramon, CA--(Marketwire - February 12, 2008) - AGIS (www.agis.com), a premier online community and information resource for family caregivers, has partnered with the Hospice Foundation of America (HFA) to offer expert advice and information on end-of-life issues for caregivers. AGIS provides caregiving expertise and advice across the entire spectrum of caregiving. This new addition to the AGIS eldercare portal showcases HFA's unique expertise in caregiving issues involving terminal illness, grief, emotional pain and other complex issues associated with the last months or weeks of a loved one's life.

Caregiving is usually a life-changing experience and can be emotionally charged especially when a loved one's health deteriorates past the point of improvement. Recognizing the need to provide resources for caregivers in all phases of caring, AGIS' new information section includes information on comfort through treatment of illness-related symptoms, hospice care and grief. Individual sections on the site feature additional information on solace and grief management strategies for both caregivers and ailing loved ones that enable practical and comforting solutions for every step of the process. The new AGIS interactive HFA "Ask the Experts" section enables families to find specific answers to personal challenges easily online.

"As our loved ones age, it is critical to be prepared and informed about all issues," said David Abrams, President, HFA. "We at Hospice Foundation of America hope this new resource will provide needed assistance that will help those struggling during this emotionally challenging time."

"We are honored to partner with HFA to bring caregivers a complete resource for all their needs," said Kevin Sypniewski, Founder and CEO of AGIS. "The information we have developed along with HFA's expert resources will hopefully help caregivers through all phases of care."

HFA has an array of expert contributors that include doctors specializing in emotional grieving such as Kenneth Doka, PhD, author of numerous books on grief and bereavement including the widely acclaimed "Living with Grief: Before and After Death," and William Lamers, Jr., MD, founder of one of the first hospice programs in the United States. While no one can ever be fully prepared for the emotions and situations that come from caring for a dying loved one, HFA and AGIS desire that no family caregiver will ever have to face this time alone.

AGIS has a comprehensive collection of information and community features all designed to give caregivers a fully functional resource for caring for aging parents, friends or family members. AGIS works hand-in-hand with leading organizations, such as HFA, to deliver the web's premier resource for eldercare information. AGIS site includes long term care resources, Alzheimer's disease and dementia information, legal and financial preparation tips, checklists, suggestions for new caregivers and much more.

HFA's Ask the Expert section is located at: http://www.agis.com/community/Ask-The-Experts/hfa/

AGIS End of Life section is located at: http://www.agis.com/eldercare-basics/Support-Services/End-of-Life/

About AGIS Network (Assist Guide Information Service), Inc.

AGIS (AssistGuide Information Services) is the leading online community providing comprehensive information and access to eldercare solutions and services. Since 1998, AGIS (formerly AssistGuide) has been providing technology driven resources for the aging and disability communities. The company helps improve the quality of life for seniors and their families by uniting eldercare education with local, regional and national support services. For more information about AGIS, visit www.agis.com.

About Hospice Foundation of America

Hospice Foundation of America provides leadership in the development and application of hospice and its philosophy of care with the goal of enhancing the American health care system and the role of hospice within it. For more information, go to www.hospicefoundation.org.