Tuesday, May 20, 2008



We would like to take this opportunity to raise your awareness of the abuse of older adults through the guardianship system as a means to prevent fraud and combat all types of elder abuse.

WHEREAS; Florida Statutes 744.1012 makes clear that the legislative intent of the Florida Guardianship law is, that “it is desirable to make available the least restrictive form of governance” to assist persons in need. Florida Statutes 744.331.(6)(b) provides that a guardian is not necessary “If the court finds that an alternative to guardianship that will sufficiently address the needs of the incapacitated person.” Guardianship is to be used ONLY as a last resort.

WHEREAS: Florida Statutes 744.312 Consideration in appointment of guardian. (2) The court should give preference to the appointment of a person who (a) Is related by blood or marriage to the ward, (3)(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.

WHEREAS : Unless there is evidence of law, were abuse or financial exploitation by the family or by the designee of the Person in a Power of Attorney, Proxy, or Trust Agreement has been proven. No State of Florida Judge should have the power to override or ignore the Florida Statutes. Failure to do so, SHOULD AND MUST be grounds to remove him/her, from the bench. NO ONE is above the law.

WHEREAS: We, family members who have been victimized by the guardianship system have found, that hearsay, innuendo, siblings who often not see eye to eye on certain issues such as how to care for the ward, are often sufficient for a Guardianship Judge, to appoint a Court Appointed Professional Guardian; a stranger, whose interest is not in what is in the best interest for our parents or love ones, but whose actions are performed solely for remuneration entitled to an income stream, i.e., fees from the person’s assets. While family members are often demonized by the professionals involved, as a way to isolate and prevent any contact with our family member.

WHEREAS: Professional Guardians and their attorneys’ are paid from the “ward’s” assets, and while family members are left to pay to appeal a guardianship, to challenge the accuracy of accountings or the guardian who was appointed, out of their own pockets. Professional Guardians and their attorneys’ in the other hand are allowed to use the ward’s funds to engage in a money making perverse use of the ward’s assets, by getting into years of a legal battle against the ward’s family over the guardianship.

WHEREAS: Probate Rule 5.030 prevents the guardian to appear without a lawyer. This is a travesty of justice; A way to continue the money making machine, called Guardianship. It is a manipulation of the legal system, hidden behind closed doors. Once the ward’s assets have been depleted, our love ones are left “indigents”. The Professional Guardian and their attorney “drop the ball”, like vultures’ look for another prey, leaving the ward in an institution, penniless, alone, in most cases physically, mentally, and even sexually abused, traumatized by the horrible nightmare. Left; if they are “lucky” to survive such level of abuse, to become wards of Guardianship Programs with government funding; yet, another way for the money machine to run, fueled by the tax payers money. While we watch them helplessly, our hands tied.

In order for all of the above to take place, our parents, and love ones, need to be deemed incapacitated, and their civil rights taken away. With the excuse, that they “need” to be institutionalized, their homes are left empty, all of their lives hard earned belongings are left inside their home. But not for long; the lock on their doors are changed, and as they are over medicated under the premised that they are “agitated” when they beg to be taken home. Alone, alienated from those they love, discouraged, and physically and emotionally abused, they often give up. Those who survive have aged and are damaged by the inhumane treatment which would have not been allowed on a dog. Their last “golden” years, lost in the sea of unnecessary psychotropic, cold or hot showers, physical abuse or worst. THIS MUST NOT BE SILENCED OR TOLERATED.

Honorable Senators, we need to work together to stand up for those who have helped build this country be what it is today. WE ASK you to take immediate action and help us break down the wall of silence, show that this type of elder abuse, will NOT be tolerated. WE want and expect YOU to reach to the proper authorities to investigate those involved in the exploitation and neglect of those trapped in the Guardianship system, and bring to justice those who either profit, or engage on this type of abuse of

Power;. Once at the hands of the Guardianship Judges, we as well as our love ones lose our Constitutional and Civil Rights, our parents are forced to spend their lives in nursing homes against their wishes. Doped into submissiveness and oblivion by being pumped full of heavy sedation causing permanent mental, emotional and physical harm, setting the stage for a precipitous irreversible decline in their mental state.

With this knowledge, we are from this day on, holding YOU responsible for taking action to make this wrong, right. WE have given you the facts as we know them. Now, it is up to YOU to show us that you are worth of your position as our voice in Congress.

change the statutes to fit the statues in your state or leave blank

1 comment:

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