Monday, November 24, 2008

Key West Judge David J. Audlin Favors People Over Attorneys.-Restores Clara's Civil Rights!

Key West, Florida USA

It's now official the ruling has been recorded and Clara G. Fernandez is once again a free woman, no longer will hearing be held before guardian attorneys and their attorneys charging Clara a combined fee of over $800/hour to review her travel plans every time Clara wants to visit family. No more late charges of $76.00 per month on her mortgage payment, and no more utilities disconnections, as control has been returned to Clara's immediate family!

During a hearing before the 16th District Court Judge David Audlin ruled that the Guardianship of Clara G. Fernandez was costing too much money and bankrupting the finances of the Ward and her family.

Judge David J. Audlin placed the interest of Clara G. Fernandez who had exhausted her financial means in an effort to regain control over assets allegedly taken from her trust and ruled to end this controversial Guardianship.

Attorneys presented their bills in one more attempt to benefit from Clara's unfortunate chain of events that left her incapacitated and dependant on others . Attorneys argued that Clara still had money left for attorney fees but failed to provide any proof of where they felt Clara had this money.

Judge Audlin moved in favor of the ward by ending the Guardianship that was destroying the lives of the family in a long multi year battle to end the Guardianship.

The Judge ruled that Clara's G. Fernandez prior planning documents were sufficient to allow for a less restrictive form of governance and by restoring Clara's civil rights, she will be able to travel freely, to choose her life style to the extent to which she is able and most of all be able to enjoy her social security income for her needs instead of it being re routed for attorneys fees.

The 16th Judicial Circuit Court Judge has proved that he is not afraid to stick up for the underdog when he feels is in the best interests of the "Ward" and made national headlines recently when a 13 year old boy with special needs who had been raised by a couple since 2001 were allowed to adopt the boy. A social worker who conducted a home study "highly recommended" the man and his partner be able to adopt the boy. The attorney general and Department of Children and Families did not get involved in the adoption case because the foster parent had already been granted guardianship. News 13

In Fairness to the Courts : It is not easy being a judge and unfortunate that the public usually only hears about the bad judges. And while this forum attempts to expose attempts to expose the reprehensible acts of corrupts courts and their cronies, it is important to be fair to the many under appreciated law abiding judges and court employees that are grossly under compensated and must rely on unnamed staff who sometimes carry their own biases and improper political agendas. So lets expose and eradicate the corruption, but we are socially obligated to consider (1) How to get our judges adequately compensated;and (2) what specific and constructive suggestions can be made and implemented to insure the integrity of our courts. Send too ideas to make the courts a better system for all of us!

Related:Judge David J. Audlin Rules for the People


We are very grateful and highly respectful and full of admiration for Judge David J. Audlin who in spite of being mislead by the Guardian and his attorneys was able to cut through the morass of vilification and see through it all to restore Clara to live with dignity and respect and with the right of self-determination in the love and care of her immediate family as indeed it should be.


They turned her loose and set her free

Congratulations to Clara Fernandez for having escaped the constraints of an unwanted guardianship. We also applaud her son, Ray, whose tireless advocacy on behalf of his mother helped make this possible. Through his web site,, Ray has done much to create awareness and expose the looting of estates taking place within probate venues through the use of guardianships, trusts and wills.

It also is gratifying to see a case in which credit for doing the “right thing” can be given to a member of the judiciary. Be sure to read Ray’s comments regarding Judge David Audlin. We need more like him.

While we celebrate this well-deserved victory for the Fernandez family, we must also once again thank Ray for his tenacity in exposing those who prey on the elderly and/or disabled in order to redistribute assets in a manner contrary to their wishes. Many associated with the legal industry would prefer sites like to go away.

Thank you Ray for all your efforts as well as for serving as an inspiration to some and a “voice” for many others.

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