Saturday, May 31, 2008

Conservatorships/Guardianships Revealed

Dr. Victoria Hufnagel interview with Janet Phelan on WBAI . The show aired on Friday on http://www.wbai.org/ in New York for those that missed it live you can download the mp3 file and listen with your favorite player.

You can download the mp3 file here=>>

Hat tip thanks to Willy

Friday, May 30, 2008

Letters to Editor -A Most Terrifying Story

I would like to tell my families most terrifying story, of abuse and neglect. It is abuse of a good law gone badly, abuse by the very court system that is supposed to be protecting our elderly and disabled.It is an abuse that is going on all over the US. This abuse is happening with the courts of our states approval.

The judges and attorneys, and people that are appointed to care for and guard from abuse, are the very ones who are doing the abusing.

My mother in-law was taken from the safety of her home kicking and screaming by Adult Protective Services, she was hidden from her husband and family, in ICU and observed for a week. Within 3 to 4 days of taking her, she fell and had to have stitches in her knee, with in a week and a half, she was in a vegetated state, all while in the care of the court and its appointed guardians.

You see, she had Alzheimers, I had known her at this time over 25 years, and she had always bruised easily, all her life. We do not know who for sure, called APS, and reported that she was being abused, and this set off a chain reaction, that I am hoping that the media will pick up and expose to the world.

My father-in-law checked himself into a nursing home to see if he wanted to live there to be close to my mother-in-law, or with us, in his home. During his 30 day trial the court appointed guardians had an ankle monitor put on him, and asked him questions about his family.

They used this information to lie in court and discredit the family. My father-in-law told the court that he wanted to go home and the court refused to let him. He lost his glasses and asked for them, and the guardian did not bother to get him any. The courts were granted a monthly allowance for things like new shoes, clothes, books, haircuts, or anything else that they might want or need personally, but there was nothing bought for them.

My mother and father-in-law had land, cars, investments, medical, home, and car insurances, they had pensions, mineral rights. They had a million dollars in total assets. The court has approved that the guardians take well over half, and pay them, to as they say protect and preserve my in-laws and their estate.

They have liquidated everything, sold the homestead below fair market value, and now they are fighting over who is getting paid how much out of the last $154,000.00 of my in-laws money from the sale of the Homestead.

And if thats not enough get this. They are refusing to pay for a Pre-need burial contract for my father-in-law. Instead they want to use my childrens CDs that were given to them by my father-in-law and money that my father-in-law gave to his son, to pay for his burial. We are going to court on June 6th, 2008 for a hearing on the money and CDs, and to see what the courts do about a burial contract for him.

Kim can be reached at kimmanire@aol.com

I have written this letter to send to media people to try and get some coverage, I know that I want to add about the judge on our case being sanctioned on another case and what he did, but I don't know if I should mention it, and post the links in it, or what, I would also like to tell how they treated us the family, but I want them to know that I am not out for us, it is what they did to two elderly people who they have abused, saying that we were abusing them.

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

Dear Kim;

Thank you very much for a letter clearly written from the heart, We know that you loved these two elderly people with all your heart, and now they have turned it around and say that it is you that was abusing them and they are protecting them from you. it is happening in every city in the USA. It is being called the Biggest Transfer of Wealth on our Nations History they are doing it because they can, there are no safeguards in place to protect our parents from this outrageous abuse of power that is making victims out of each and everyone of us.

As for the Judge you don't have to mention him we will do for you , it is the same probate Judge that placed Mildred Erle Veatch in a forced Guardianship and later turned up in her will along with Court appointed guardian and others officers of the court! The story was originally titled "Concerns Arise Over Guardians" and was printed here =>>

While reading this article keep in mind that everyone mentioned are in Kim's case or has been on it: The Judge, Beverly McClure, Roy Anderson, Duane Coker, Dr. Shupe, and many more. Please also note that Kim has contacted Terry Hammond, and Erica Woods, and many others and has not been helped in anyway.

Guardianships : A Most Lucrative Business ?

By Kevin Krause and Brandon Formby / The Dallas Morning News

By all accounts, the sisters in their 90s were no longer able to look after each other or their $824,000 joint estate.

Mildred Erle Veatch began to show senility and delirium in 2001. Her sister, Helen, was in worse condition and would die later that year.

Their doctor notified Denton County’s probate court that neither sister was able to manage their assets anymore. No other relatives existed to help.

Probate Court Judge Don Windle immediately placed both sisters under court-appointed guardianships, moved them to a Denton nursing home and restricted access to them. By early 2002, Veatch was rewriting her will — which had not been updated since 1960 — with the help of her court-appointed guardians and attorney.

When Erle, as she was known to friends, died this past summer at age 95, the rewritten will was opened and showed surprising contents. Among the 10 beneficiaries were:

* Judge Windle, who was to receive $50,000.

Beverly McClure
* Beverly McClure, the court-appointed guardian of Veatch and Windle’s ex-wife and court investigator, who was to receive $100,000

* Duane Coker, a court-appointed attorney who represented Mildred Veatch’s interests, who was to receive $50,000.

* and Roy Anderson, Windle’s friend, personal accountant and court-appointed guardian of the Veatch estate, who was to receive $50,000.

Another $120,000 was used to cover court fees Windle approved for the appointees and their lawyers during the five-year case.

Guardianship and probate experts say it’s unusual for a probate judge and court appointees to be written into a will during an active guardianship case.
Darlene Payne Smith, an experienced Houston probate attorney, said she isn’t aware of any legal prohibition against accepting the money unless undue influence was exerted to gain control of an estate. But that doesn’t mean someone in that situation should accept it, she said.

McClure and Coker did not respond to multiple requests for comment.

He and Anderson said that they didn’t do anything improper and were just trying to help Veatch.

In mid-September, Windle received a public reprimand from the State Commission on Judicial Conduct for using his position to help McClure, who was then his wife, win a contract from Denton County to provide his court with volunteer guardians. It was the highest sanction against a judge the commission can issue.

Doctor’s warning

Neither sister had married, and both were childless. A court investigation found they had no known heirs.

In November 2001, a court-appointed psychiatrist warned of allowing Mildred Veatch to bestow gifts.

“I have some concern about her giving gifts to anyone currently helping her because of her lack of family and friends,” Dr. James Shupe wrote in his report.

He said in the report that he thought Veatch could write a will but that any “will or large gift” should be reviewed with her guardian.

In late December 2001, Windle signed an order declaring Veatch to be partially incapacitated and “incapable of managing her property and financial affairs.”

On the same day, her court-appointed attorney, Coker, reported that her condition had improved and that she wanted to write a will and should be “assisted in doing so without further delay.”

Less than two weeks later, arrangements were being made to rewrite the will.

Windle in January 2002 ordered that she “no longer have the right to make any gift of real or personal property” except for writing a will. His order said she could not exercise authority over her estate or hire anyone to assist her.

The court had prohibited Veatch from hiring her own attorney.

‘I was floored’

Windle said state law does not allow a court to prevent someone from writing or rewriting a will, regardless of the person’s mental state at the time.

But Banks was nevertheless cautious.

“Anytime that you’ve got someone who is elderly and have any reason to doubt their competence, you have to be more careful than you would be otherwise,” he said.

“We didn’t ask to be in the will,” said Anderson, who prior to Wednesday had declined comment to The News on the question of whether he would keep the money left to him. “It’s distressing to be in there because of the appearance it gives.”

Dr. Joseph Strittmatter, a veterinarian who lived across the street from the Veatch sisters. At the time, Strittmatter and his wife, a family practice physician, had known the sisters for four years and were friendly with them, seeing them once a week on average, he said.

Strittmatter said he met with McClure and Coker in 2001 and that they asked him and his wife to serve as Veatch’s guardian.

Court documents show Strittmatter filled out a four-page “guardian’s initial plan” that was filed in November 2001.

In Coker’s report the following month, he wrote that the Strittmatters “would be good candidates for the position.”

Strittmatter said he thought it was a done deal. Then, McClure informed him of a change of plans, he said, once she found out the size of the estate.

“She told us that Erle was very special and she wanted do it personally,” he said.

Terry Hammond, executive director of National Guardianship Association, said it’s unusual for a probate judge to appoint a court staff member as a guardian unless there aren’t any other suitable alternatives.

“It is generally presumed to be in best interest to appoint someone they know and are familiar with,” Hammond said.

But Strittmatter said Veatch complained to him that McClure would not allow her even a few dollars from her estate to buy gifts for the Strittmatters’ young daughter or others.

“She would complain about not having enough money,” Strittmatter said. “It would take her several tries to even get the money for a $10 book.”

Nine months after being written into Veatch’s new will, McClure filed a report saying Veatch “remains very vulnerable to others’ influence on her money.”

Paula Mixson, of the Texas Senior Advocacy Coalition and the National Committee for Prevention of Elder Abuse, said it would be a conflict of interest for guardians to inherit the ward’s estate.

“Anyone like that is vulnerable to undue influence, especially when isolated,” she said. “To me, it stinks to high heaven ethically.”

Ori posted on November 16, 2006 Abridged for E.A.

Entire story here=>>

Because of Kim's Letter " A Most Terrifying Story" and her reluctance to name the players we are printing the story about "Concerns Arise About Guardians" here.

Wednesday, May 28, 2008

A Detective’s Case Files Of Exploitation


by Joe Roubicek

While the number of violent crimes in the U.S. is decreasing, financial crimes against the elderly are increasing as a result of the aging of the population and greater concentration of wealth among older people. According to a 2005 Senior Forum Report by the White House Conference On Aging, only one in 100 cases of financial abuse is reported, and there are millions of financial abuse victims each year.

The money is certainly there for the taking: persons over 50 control at least 70% of the nation’s household net worth. 75% of victims of financial abuse are between the ages of 70 and 89. The majority are female, frail and mentally impaired.

With each new case I realized that the key is not deception of the elderly, but exploitation of common disabilities this population suffers. Exploiters were being recognized as crafty scammers when they were simply exploiting the victim’s disabilities.

I had no idea at the time that my law enforcement career was about to focus on a billion dollar crime that would devastate so many.

Greta was 95-years-old and her health was pretty good for a "nearcentenarian.”

She had just set the pen down after signing a very important document for her new caretaker, Veleta Cossie, and it went as follows:

To Whom It May Concern
This is to certify that I, Greta H. Crowley, relinquish all my shares and interest in all the various companies:
(1) Texas Utilities Company
(2) General Electric Company
(3) General Motors Company
(4) CommonWealth Edison Company
(5) G.M. Hughes Electric Company
To Veleta Cossie for her kindness shown to me.
Sincerely Yours,
Greta Crowley

The media took notice when Cossie went before a magistrate judge the following morning and when a local news reporter interviewed me, I warned that people cannot depend on the government for protectionfrom this crime.

The problems that contributed to Greta Crowley’s continued victimization were caused by loose government regulations and just plain negligence. The victim did not have the ability to protect or care for herself, so the government stepped in to protect her, but placed her under the care of a violent thief. They put the proverbial “fox in the henhouse.”

Although the cases presented from my files are dated, there is no reason to believe that conditions have really changed over the years. Exploitation crimes still prevail for the same reasons and a better understanding of the crime is needed to combat it.

I wrote this book to give the reader just that, a better understanding to prevent victimization effectively. This final chapter began with a quote from an article where the author referred to elderly abuse in general as “…the neglected stepchild of domestic violence and child abuse in the triangle of human violence.”

Exploitation of the elderly is not just “fraud” nor is it the
“neglected stepchild of domestic violence.” It is another expression of the misunderstood dark side of human behavior, where one of us takes advantage of another’s misfortune for personal gain. It will never be stopped completely, but could most certainly be reduced significantly.

The irony of all of this is that soon today’s baby-boomers will become tomorrow’s elderly and potentially tomorrow’s victims. We’re all in the same boat, no matter what our ages.

So it would be fitting to end this book with a quote taken from the 16th century poet, John Donne.

…I am involved in mankind; and therefore never send to know for whom the bell tolls; it tolls for thee.

Donne is saying that whatever affects one of us affects us all. The way that we deal with elderly crimes today reflects on the type of people that we are now and will have a direct bearing on our own personal safety tomorrow.

This is but a very small excerpt of this excellent book , it has been highly recommended by readers of E.A. and I suggest you read it, you can get it here =>>

You can also contact this author through his “Storefront Page” at
http://www.lulu.com/

The Time is Now ! Guardians Should be Licensed and Regulated Under the Executive Branch, Not the Courts

by Margaret K. Dore, Esquire. margaretdore@margaretdore.com

With increasing numbers of Americans living longer, many are finding themselves under guardianship. The guardian appointed may be a family member or friend, or a “professional” guardian or guardianship company.

In many cases, the guardian is honest and hardworking for his ward. In other cases, the guardian abuses or exploits the ward. The exact magnitude of this problem is not known, but the names of articles in the popular press tell the story. See: Jack Leonard, Robin Fields and Evelyn Larrubia, Guardians for Profit: Justice Sleeps While Seniors Suffer; and Barry Yeoman, Stolen Lives: Thousands of Older Americans Are Being Robbed of Their Freedom, Dignity, and Life Savings by a Legal System Created for Their Protection. How Can This Happen?


The Courts Respond
The issue of guardianship abuse has also caught the attention of the courts. The Washington State Supreme Court now oversees the “Certified Professional Guardian Program.”2 Under this program, there are two entities that directly supervise professional guardians: the Certified Professional Guardian Board, which reports to the Supreme Court, and the superior court in each county.

The premise of this article is that this well-meaning effort to increase guardianship accountability is misplaced. Although courts have traditionally been responsible for guardianship oversight, they are ill-suited for this function. Guardians should be licensed and regulated under the executive branch, not supervised by the courts.

The Board’s Role
The Certified Professional Guardian Board “adopts and implements regulations governing certification, minimum standards of practice, training, and discipline of professional guardians.”4 The Board does not, however, interfere with the traditional role of the superior court.

The superior court continues to be the “main venue” for making a complaint against a guardian.

For this reason, the Board will not ordinarily accept a complaint about a guardian unless it has first been reviewed by the superior court. The Washington Courts website states:
Complaints to the Certified Professional Guardian Board (Board) that have not been reviewed by the court will ordinarily not be accepted for review .

If the superior court finds that the guardian “has failed in some way,” the finding can be forwarded to the Board with a grievance for further proceedings. Otherwise, the complaint will ordinarily be dismissed. The Board’s 2005 annual report provides the following example:
The family member had already addressed these concerns to the superior court, which had found the guardian’s actions to be appropriate. Therefore, the complaint was dismissed by the Standards of Practice Committee (SOPC).

The Traditional Role of the Superior Court
With the traditional role of the superior court, the court supervises guardianship administration by supervising the guardian, its “agent.” Cf. In Re Gaddis’ Guardianship, 12 Wn.2d 114, 123, 120 P.2d 849 (1942) (“The guardian is in effect an agent of the court, and through him the court seeks to protect the ward’s interest.”)

How this works in practice is that the guardian petitions the court for approval of its management of the ward’s affairs. In King County, this is done on the motions calendar in the ex parte department. The court might be asked whether a bill should be paid or the guardian’s care plan approved.10 The superior court also approves the guardians’ accountings and investment strategies.

A Contrast to Other Activities
The “job” of a guardian is to manage the affairs of an incapacitated person. Other entities with similar jobs are not “supervised” by courts. An example would be a nursing home. Nursing homes manage the affairs of persons not able to care for themselves. Nursing homes are regulated by the Department of Social and Health Services. The Department of Social and Health Services is under the executive branch.

Guardians also function as financial institutions. The larger guardianship companies provide trust and financial management services similar to a bank or trust company. For example, Guardianship Services of Seattle (GSS) describes its trust and financial management services as follows:

* The following describes the more common trusts managed by Guardianship Services of Seattle . . . .13* Financial Management Assistance involves helping an individual . . . manage investment portfolios . . . (Emphasis added).

Like a bank or trust company, the larger companies also handle large sums of money. GSS manages in excess of $44 million.15 Banks and trust companies are not “supervised” by courts, but regulated by the Department of Financial Institutions.16 The Department of Financial Institutions is also under the executive branch.

Problems with Court Supervision
Little or no relevant training. A major problem with court supervision of guardians is that the typical judge or commissioner has little relevant training. Accounting, finance, and personal care are not required courses in law school. A judge or commissioner is also unlikely to have time to perform the necessary inquiry. A recent Seattle Times article quotes a local commissioner, as follows:

[The Commissioner], who handles guardian cases in King County, complained that he is expected to master complex accounting, investment strategies and what constitutes proper medical care — all while keeping cases moving. “I read them and I look for the outrageous,” he said.

By contrast, agency personnel under the executive branch typically have specialized training. For example, examiners with the Department of Financial Institutions are required to have a degree with course work in accounting or finance (or other commensurate education or experience).

Oversight is conducted according to an agency protocol. This is opposed to a busy motion calendar in which a judge or commissioner does the best he can.
Court approval prevents further inquiry. A related problem is that once a guardian’s accounting is approved by the superior court, other entities will not usually investigate, although as noted above, there has typically been little investigation by the court. The Board will not ordinarily investigate due to its deference to the superior court.

Other entities, e.g., a local fraud unit, will likely not investigate due to the order approving the accounting, which makes it look as if there has already been a full investigation. As set forth above, there has likely been little or no investigation.

The prohibition against ex parte contact interferes with a court’s ability to provide effective supervision. In general, successful supervision of an activity requires a close relationship between the supervisor and the person supervised. A good supervisor should also be open to receiving information and complaints from multiple sources.

This does not occur in the context of court supervision of guardians due to the prohibition against ex parte contact. The prohibition prevents courts and guardians from developing the necessary close relationships. It also prevents courts from learning about a guardian’s wrongdoing. Persons with information are generally prohibited from contacting the court.
The prohibition against ex parte contact is another factor which acts to prevent courts from providing effective guardianship supervision.

Complaining parties take on the risk of litigation. Another problem with court supervision is that wards or other complaining parties are generally required to make their complaints in the context of a court hearing. Meaningful participation requires the hiring of counsel. The Washington Courts website states: By far the best way to advocate for a person who is the subject of a guardianship is to hire an attorney . .

If the guardian contests the complaint, the ward or other party may find themselves in litigation against the guardian. If the complaint is unsuccessful, the ward or other party may be required to pay the guardian’s fees. With the inherent cost of litigation, courts are often reluctant to perform an in-depth inquiry.

These factors create “chilling effects” so that complaints are not made and, if made, are not fully pursued. These factors do not exist in the usual regulatory scheme. Instead, complainants generally have immunity from liability; the agency’s investigation is usually conducted outside of a litigation context.

How Licensing and Regulation Might Work
In other states, there are emerging programs in which oversight is provided via the executive branch. For example, California recently enacted SB 1550, which establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs. Idaho has a pilot program in which conservator reports will be reviewed by its Department of Finance.

The advantage to using existing agencies is that they are already set up. On the other hand, some current agencies, such as DSHS, would seem to have a conflict of interest. For this reason, a stand-alone agency could be desirable. Funding could be obtained from licensing fees or from the wards’ estates so that the agency would be revenue-neutral. Agencies such as the Department of Financial Institutions are revenue-neutral.

Conclusion
Without effective oversight, abuse of wards by their guardians will only continue. It is time to consider a different paradigm. Guardians should be licensed and regulated under the executive branch, not the courts. Other methods of third-party oversight should be investigated and explored.

Margaret K. Dore is an attorney in Seattle. Her published decisions include In Re Guardianship of Stamm, 121 Wn. App. 830, 91 P.3d 126 (2004). She is chair of the Elder Law Committee of the ABA Family Law Section. She is a former chair of the King County Bar Elder Law Section. Parts of this article are similar to “The Retirement Nightmare: Guardianship in America,” a course presentation for the ABA Family Law Section, 2005 Fall CLE Conference, and “The Case Against Court Certification of Guardians: The Case for Licensing and Regulation,” NAELA News, Vol. 18, No. 1, February/March 2006. Ms. Dore can be contacted through her website, www.margaretdore.com. The opinions expressed in this article are the author’s and are not official or unofficial positions of the WSBA.

NOTES

1. Los Angeles Times, November 14, 2005 (www.latimes.com/news/local/lameconserve14nov14,0,3305612.story); and AARP Magazine, January/February 2004 (www.aarpmagazine.org/people/Articles/a2003-11-19-stolenlives.html). Private websites reporting guardian abuse tell a similar story. See also, www.abusiveguardianships.com, www.justiceforfloridaseniors.org, and http://www.victimsofguardians.net/.

2. See e.g., Certified Professional Guardian Report to the Supreme Court 2003, Washington Courts website, www.courts.wa.gov/programs_orgs/guardian/?fa=guardian.ar_2003.

3. Id. and Washington Courts website, “A Grievance Against Certified Professional Guardians,” www.courts.wa.gov/committee/?fa=committee.display&item_id=697&committee_id=117.

4. Certified Professional Guardian Program, http://www.courts.wa.gov/programs_orgs/guardian.

5. Certified Professional Guardian Board Report to the Supreme Court 2003, Executive Summary, www.courts.wa.gov/programs_orgs/guardian/?fa=guardian.ar_2003.

6. File a Grievance Against a Certified Professional Guardian, www.courts.wa.gov/committee/?fa=committee.display&item_id=697&committee_id=117.

7. Id. 8. Id. 9. Washington State Certified Professional Guardian Board, 2005 Report to the Washington State Supreme Court, Appendix C, Case No. 2005-001, Washington Courts website (linked at www.courts.wa.gov/committee/?fa=committee.home&committee_id=118).

10. See e.g., In re Guardianship of Karen Weed, Snohomish County Cause No. 05-4-01493-3, “Order Approving Inventory, Budget, and Disbursements,” April 27, 2006; and In re Guardianship of Marie Charles, King County Cause No. 01-4-02852-6SEA, “Order: Approving Guardian’s Report (Care Plan and Inventory) . . .,” August 18, 2006. 11. Charles, supra; and Weed, supra (approving the guardian’s annuity purchase). 12. See e.g., RCW 18.51.040 Application for License; and DSHS website:

www.aasa.dshs.wa.gov/pubinfo/housing/other/#NH. 13. Website for Guardianship Services of Seattle, a Washington State Certified Professional Guardian www.trustguard.org/Services/trusts.html.

14. www.trustguard.org/services/gss_services.htm. 15. See GSS’s website (“The aggregate market value of funds held in blocked accounts is $44,564,328.90”).
(www.trustguard.org/Services/frequently_asked_questions.htm, Question No. 13). 16. See www.dfi.wa.gov/banks/list.htm.

17. See e.g.,www.dfi.wa.gov/about/director.htm (describing that the director of the Washington State Department of Financial Institutions is appointed by the governor). 18. Maureen O’Hagan, Cheryl Phillips, and Justin Mayo, “A Son Struggles to Reveal How Lawyer Was Treating His Mother,” Seattle Times, December 3, 2006. (http://archives.seattletimes.nwsource.com/cgi%7Fbin/texis.cgi/web/vortex/display?slug=guardianship03m&date=20061203&query=velategui).

19. See Washington State Department of Personnel, Specification for Class of Financial Examiner 1 (13300) (linked at www.dfi.wa.gov/about/careerlisting.htm). 20. See id. (regarding “Class Series Concepts”).

21. Some superior courts utilize trained reviewers to assist the commissioner or judge. The commissioner or judge is still, however, the person making the decisions. He or she typically has little or no training in accounting matters. The accountings are, regardless, submitted on the motions calendars with tight deadlines. There is often little or no source data so that the figures presented cannot be verified. 22. Supra at § C.

23. See e.g., CJC 3(A)(4). 24. File a Grievance Against a Certified Professional Guardian, www.courts.wa.gov/committee/?fa=committee.display&item_id=697&committee_id=117. 25. See e.g., RCW 11.96A.150(1) (allowing a court to award attorneys fees from “any party to the proceedings”). 26. See e.g., RCW 4.24.510, “Communication to government agency or self-regulatory organization — Immunity from civil liability”; RCW 70.128.200 “Toll-free number for complaints — Discrimination or retaliation prohibited”; and RCW 70.128.090 “Inspections–Generally” (for adult family homes).

27. Office of the Governor Press Release, September 27, 2006 (“Governor Schwarzenegger Signs Legislation to Provide Safeguards for Vulnerable Californians under the Care of Conservators”). See http://gov.ca.gov/index.php?/print-version/press-release/4121/.

28. See Idaho Code § 31-3201G (establishing the Guardianship Pilot Project Fund under the Idaho Supreme Court), and Guardianship and Conservatorship Pilot Programs 2006 Report to Governor Butch Otter and the First Regular Session of the 59th Idaho Legislature (describing that two counties will be submitting guardianship filings to the Idaho Department of Finance for a “third-party review”). For further information, contact Co-chair Robert Aldridge, Esq. (bob@rlaldridgelaw.com).

29. DSHS’s duties include moving for the appointment of a guardian under RCW 74.34. This duty could create a conflict of interest if DSHS were also the oversight agency. There would be a lack of independence with regard to the guardians so appointed. See e.g., Guardianship of Roger Bourassa, King County Cause No. 06-4-05643-1KNT, petition filed October 17, 2006, p.3 (DSHS petitioned for the appointment of Care Planning Associates, a professional guardian).

30. See: www.dfi.wa.gov/about/default.htm (“The department is self-supporting, in that none of its operating revenues come from the state’s general tax funds. Its operating revenues are paid by the organizations and individuals it regulates”).

Letter to President of the United Nations

Dear President Srgjan Hasan Kerim of the United Nations

Sir, through you and the United Nations, countries and states have established universal objectives which represent the common good of the human family. My family and yours.

Part of your founding principles is the "the quest for justice, dignity and human rights." There is another principle of "responsibility to protect" that should be the foundation of all actions taken by those in government.

Sir, serious violations of those principles are seen in various parts of the globe. But here in my home country, the United States, there is an unseen violation of human rights that, until recently, has been kept hidden. Violations that target the most unsung group in our entire civilization - the elderly - our mothers and fathers!

Mr. President, in America, the terms "guardianship," "conservatorship" refer to a court system that was designed to protect vulnerable elderly as they struggle with mental or physical decline. But what the system describes is not what is happening! Lawyers, guardians, conservators, County agencies are charging astronomical prices for their "services!" It pivots on the issue of money and does so in incredibly destructive ways.

Seniors have become victims of this legal process. Elderly Americans are being robbed of their freedom and life savings by a legal system created for their protection. It is a system that, in practice, serves lawyers and guardians over clients.

Mr. President, people, reporters, family and victims of this corrupt system are being intimidated, fired, threatened with legal and personal "sanctions" if they describe, in public, their experiences with a guardianship system that has become contrary to State statutes! Statutes that describe a protective system that is necessary for all of us as we age. And, Sir, it has been described, by some, as reminiscent of what happened in Nazi Germany.

This is court-sanctioned corruption and has become wide spread throughout the United States. Many elderly are, actually, refusing needed medical attention for fear of being caught up in a system that financially rapes their estates, alienates families and places the "conserved" in terrible and neglectful nursing homes.

In many cases the conservatee is drugged and over-medicated as court appointed lawyers and guardians spend their money as if it was theirs! And the conservatee usually has no idea of what is being done to him or her.

The conservatee has been deemed "incompetent" by the court and almost always without a fair process. Estates and assets are turned over to complete strangers - lawyers and guardians - that have ulterior motives and agendas..... money!

President Srgjan Kerim, the United Nations has always been, in a way, the epitome of the human race! And like Mother Teresa said, "you can`t do great things without great love," I feel, as many others do, that the treatment of the elderly in the US is something that should be of interest to the United Nations.

Thank you for your time, Sir.

William Roberts
willyb246@sbcglobal.net
2135 Nord Ave. #46
Chico CA. 95926
530-893-8664
FAX:530-893-8664

UN Office: S-453A, UN, NY 10017 USA
Tel: 212-963-1439

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For those of you that did not get this letter out the first time here is another reminder to copy and paste and please send the body of this letter to the United Nation's President Srgjan Hasan Kerim or anyone else by regular mail, your participation in this campaign is most warranted.

Tuesday, May 27, 2008

Letters to Editor - Guardianship Matters

Guardianship corruption is rampant in this country. Please read the above web sites. The public needs to be informed. They could be next on the hit list!

One last comment to the first letter which was submitted concerning a woman's son who was ripping their mother off, then the courts became involved which only compounded the dilemma since the lawyer/guardian was another rip off con artist!

I want to warn everyone out there, it is NOT a good idea to get the courts involved in family feuds. You will always come out defeated, and the situation will be much worse than before. People need to work the best way they can within their families to work these situations out.

The courts (probate Judges and lawyers, social workers) love cases like this woman. It is a piece of cake to them! The usual plan of attack by the courts is to proclaim the family does not get along, therefore there needs to be a distant "third party" to take control of the disputed persons life affairs.

At that time the new guardian picked by the Judge who is usually a lawyer buddy, gains control of their new "Ward of the Court" assets. The new guardian chooses the facility to warehouse their ward. The family has no decision in the matter. The guardian chooses the wards doctors. The family has no decision in the matter. The guardian can and usually wastes no time stealing their wards home, assets and all belongings !

Now, your family member is left to die in utter loneliness, stuck away in a horrid so-called "care" facility, not even allowed visits, phone calls nor mail, from their own children and other family members.

I think every one should think good and hard before running to a lawyer when you feel your family member is being taken advantage of by another family member. You need to do the very best you can to try to work these situations out within your own family and leave the stinking courts out of it! If you don't the situation may turn out much worse than before!

Another safe guard we need to have in place to protect the vultures of the courts from "stealing our loved ones ", is we must all get our papers together.. we must all get Durable Power of Attorney Papers and also Medical Power of Attorney Papers written up and kept in a safe place. The papers must be done before a loved one becomes mentally incapacitated they specifically state in the papers our wishes to be carried out in the event we become mentally incapacitated.

Who will care for us, who will take care of our finances and make medical decisions for us if we get in an accident or become ill and cannot care for ourselves. People need to study the rules of getting a Durable Power of Attorney. The lawyers would have you believe you must get a lawyer to draw up these papers for them to be valid, but this is not the case. It is important to have them notarized at the time of signing.

Katie Morris from Hastings, Michigan
http://www.corruptionofmichael.com/

FORGERY -- ARE YOU READY FOR TRIAL?


A reference guide for anyone involved in the investigation or litigation of
a questioned document case

For years, I have been asked the same questions by attorneys, private investi- gators, and certified fraud examiners involved in forgery cases.

It was time to produce a seminar to make their life, and mine, a little easier. The two hour seminar includes a copy of Forgery - Are You Ready For Trial? on DVD. It contains a wealth of useful information arranged in six sections:

Section One: An Introduction to Document Examination.
Section Two: An Explanation of the Six Different Types of Forgery.
Section Three: Warning Signs that you might be dealing with a Forgery.
Section Four: Document Handling & Obtaining Evidence - the right way.
Section Five: The Consulting versus the Testifying Expert - be careful.
Section Six: The most-quoted Reference texts; the Vocabulary of the document examiner; direct & cross questions to ask the expert; a complete set of Master forms for obtaining handwriting samples from your client, victim, or suspect, and much more.

Sunday, May 25, 2008

Happy Memorial Day From the Editor of ElderAbuseHelp.Org

BubbleShare: Share photos - Play some Online Games.
This Weekend we all went to swim with some very special animals that are friendly and intelligent creatures, the bond established with these amazing animals is hard to describe. It is said that the brain of these mammals are larger than that of humans, they communicate with humans in a manner that have been known to save lives as they can sense when something isn't quite right, e.g. pregnancy , and are sensitive to the disposition of humans being attracted to some and avoiding others who exhibit aggressive behavior . People who are trained in "dolphin language" can tell a lot by interacting with these mammals .

There are many theories as to how they are able to do this, that's a subject to complex to get into here, we'll leave that for another story and just say for now that sharing a portion of our holiday with these special creatures is an experience we will not soon forget!
-------------------------------------
Anyone wishing to swim with the dolphins contact E.A. and we will arrange for V.I.P. treatment along with a discount for readers of E.A.

Thursday, May 22, 2008

Corinne Bramson's Nightmare in Guardianship

The story of my mother's Forced Guardianship is one that all of America needs to hear especially baby boomers,because if this "scam" otherwise known as Guardianship is allowed to continue, all of our futures are in jeopardy.

My mother was placed into "Temporary guardianship" by her grandson who did this terrible deed to keep his grandmother from testifying against her daughter (his mother) whom she filed grand theft and identity theft charges.This was done by the grandson going in exparte and without a hearing or ANY due process my mother's life and all her civil rights were totally destroyed. There was no way to get her to have a lawyer chosen by her to represent her, rather the lawyer for the Guardian proceeded to "Steal" almost $250,000.00 in fees to the guardian and their attorney.

The rest of of the remaining $150,000.00 mostly went to pay all the other lawyers, so many it would make you sick, not to mention the wasted bills for things that never needed to be spent but these people,if you can call them that, spent my mom's money as if it was play money.

My mother was in guardianship only 10 weeks when they put her into Hospice and claimed she had "end term colon cancer" which is what they told me. Recently I thought there were lose ends and I went back and got the medical reports from my mother's doctor and found out that my mother's diagnosis was not cancer but rather ulcerated colitus.

They put her into a Hospice program and 12 days later she was dead from the effects of morphine. After having to get a court order from a Judge, I was allowed to see the hospice records. To my total shock, there was NO doctor's reports from my mother's private doctors. There was no pathology report or any reports what so ever testifying that my mother had only 6 months left to live.

They put her into Hospice WITHOUT any documentation. This is not only morally wrong but it is wrongful death .

I could write 10 pages of what happened to my mother and to me but I will end by simply saying that after I personally spent $110,000.00 of MY OWN money to try and stop this outrageous nightmare I am left to pray that someone like you will tell the story to those who have gone through this already and worse those who are yet to find out that their parents or themselves are the next victims of this UNLAWFUL law.

I ask that you allow me the privledge to speak to you personally. I honor your interest in this issue because it is so important that the free press keeps its ability to inform its' public. I will hopefully hear from you or a representative and that you will hear my story of how I tried to save my mother but failed.

Respectfully

Bonnie

Think it's Not Happening in America?

Warning!
Warning!
Warning!

You are in danger of losing everything you have worked your life to attain - including your home, your personal belongings, your investments, and perhaps even your life.

Think it's Not Happening in America?
Think Again!

You will lose your freedom and have less civil rights than a criminal.
Why? If you become ill or incapacitated and you have an estate or property, you are a target!

Even if you have executed advance directives, courts may override them (without due process of law) and appoint a stranger as guardian.


Guardians and their attorneys will take everything you have — while claiming that they are protecting you!

You will even lose the right to complain about being exploited. Your family can go broke trying to free you from the vultures picking your financial bones.

Unless we STOP them!
We are facing a growing national epidemic!

If we don't stop the unlawful and abusive guardianships then none of us is safe - not your grandparents or your parents, not even you or your children.

thanks Willy:

The Retirement Nightmare


Wednesday, May 21, 2008

Abductions of Elderly Rarely Have Happy Endings

ORWIGSBURG, Pa. (AP) — A man whose mother died the day after police say he kidnapped her from a nursing home has been charged in her death.Robert Netchel, 58, of Mount Carmel, was accused of forcibly taking his mother from the Schuylkill Center Nursing Home near Pottsville last month.

He was arraigned Friday on charges including involuntary manslaughter, kidnapping and unlawful restraint.Stress from the incident directly resulted in the death of 83-year-old Ruth Netchel on May 1, according to an autopsy by forensic pathologist Dr. Richard Bindie.Defense lawyer Sud Patel said he had not seen the medical records that led Bindie to the finding of cardiogenic shock.“Mr. Netchel will tell his side of the story at the appropriate time,” Patel said. “However, we’re not going to make any comment on it today. What everyone needs to keep in mind is there are always two sides to the story, and we expect that we’re going to have a chance to say what really happened that day.”

Three nursing home employees saw Netchel take his mother out of the home on April 30 with some medical equipment still attached to her, police said.

Stop Abusive Conservatorships,Now


People in California now have a new resource to help fight the epidemic of runaway Conservatorships/Guardianships that are taking the country's elder population by storm.

In most states , the laws state that there must be "clear and convincing evidence" to support a Conservatorship/Guardianhips . However, the law does not provide any criteria or specific standard on what to base clear and convincing evidence and many Courts take innuendos and un proved allegations as reasons for a forced Conservatorship/Guardianship placing many seniors in the fight of their lives.

During a press conference, Administrative Presiding Judge Roger W. Boren, who heads the Los Angeles Appellate Court and the Task Force was quoted as saying "the elderly have a target on them, and that target is their estate."

To read the articles in the Los Angeles Times, please visit www.latimes.com/news/local/la-me-conservators-series

To read the Omnibus Act in it entirety, please visithttp://ceb.com/lawalerts/guardianshipconservatorships.asp

For their Judicial Council's full report, please visithttp://www.courtinfo.ca.gov/

For more information on Conservatorships, please visit http://www.retirementnightmare.com/
Please contact us at info@sac-now.com

If you wish you may call us at (818) 345-4339

Caretaker Allegedly Bilks 86-Year-Old

Key West,Florida USA by Mandy Bolen

A Big Pine Key woman remained in jail Monday afternoon, facing charges of elderly exploitation. She is accused of stealing from an elderly man she cared for in Marathon.

Felicia Sheppard, 54, told a Monroe County sheriff's detective that she was a "good Christian" and would not hurt her 86-year-old charge, reports say.
Nevertheless, detectives believe Sheppard drained the victim's checking and savings accounts, wrote checks to herself and used the money to buy herself clothes, jewelry and a 48-inch flat screen television.

Sheppard said she had heard in her church that the victim needed assistance because people were taking advantage of him and his memory problems. She moved into his home in Marathon about four months ago, said sheriff's spokeswoman Becky Herrin.

A detective found the 48-inch television in Sheppard's bedroom while the victim, whose money had paid for the television, watched an old 19-inch set, reports say.

The detective began investigating after bank employees noticed checks written on the victim's account and signed with his name, but in a signature that clearly was not his. Sheppard sometimes signed his name and sometimes had him sign checks over to her, reports say.

Sheppard used the money to buy women's clothing, jewelry and makeup — items that were not being used by the victim, reports say.

Sheppard initially denied signing the checks, and said the man sometimes allowed her to buy things for herself and her mother, and they would reimburse him, reports say. But when the detective pointed out that no deposits had been made to the victim's account, Sheppard admitted spending his money, reports say.

If convicted of elderly exploitation, which is a third-degree felony because the amount allegedly stolen is less than $20,000, Sheppard faces up to five years in prison.

Court records show she previously was convicted of battery and driving under the influence.

Monroe County authorities handle "a handful" of such exploitation cases each year, Herrin said, adding that there is a difference between elderly exploitation and elderly abuse, which is usually physical in nature.
"This case is fairly typical," Herrin said Monday. "A caretaker moves in and generally ends up taking advantage."

She said it is important for people to be watchful of their elderly neighbors and relatives to prevent such a crime.

"Fortunately, we did have someone notice the problem at the bank," she said. "But it makes you wonder how often it happens when we don't find out about it."

In Florida, the Department of Children and Families investigates reports of elderly abuse and exploitation, which can be made by calling 1-800-96ABUSE.

Tuesday, May 20, 2008

Proclamation

PROCLAMATION!

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


Saturday, May 17, 2008

California Dept of Manage Health Care Deals Blows to Insurers Practice of Dropping People After They Get Sick

Los Angeles, California USA

The settlement, brokered by the California Department of Managed Health Care, comes three months after a Gardena hair salon owner won an unprecedented $9-million judgment against Health Net for canceling her coverage while she was undergoing chemotherapy, halting her treatment.

"This important settlement should pave the way to similar agreements with other health plans to reinstate health coverage," he said. "Patients should not live in fear of losing their healthcare coverage when they need it most."
------------------------------------------
The practice of selling health insurance to only people who are healthy and don't need it is as lopsided as Guardianship practices of taking money from the people who needed the most, the old and the needy.

Somewhere along the line the Government and Congress is going to remember that they are there for the people and not that the people are there for them to fleece. You can only fleece the people so much then the economy starts to go on a downward spike that will ultimately hurt everyone.

As long as Politicians and lobbyist put the interest of attorneys and special interest groups over the people that they are supposed to protect the people will suffer.

* Lobbyist = A lobbyist is someone who is employed to influence the members of a legislative body (senate, house of representatives) and thus they are often seen as a possible tool of corruption, especially because they are most successfully employed by corporate groups who almost never have the public interest in mind.

“Before a community can prosper, the people must believe in their leaders. They must know that at the core of every decision is careful planning, hard work, and unbending integrity rather than partisanship or self-gain. They must trust that the awesome power of government is not being abused.”Linda Lingle quote

Friday, May 16, 2008

It Was Awful !

Central Florida,US

Please send this on to the others. I am sure they are curious. It went awful. We showed video footage of my mother carrying on a normal conversation with us. In the end, the judge ruled in their favor. The guardian hired two attorneys, not one.

I am now conducting an investigation . Found out today that the same players just put a 67 year old woman in a nursing home for TOTAL DEMENTIA and also did it on an "emergency" basis. We went to the nursing home and tried to find her. She is not there. Please pass this along to the group. As you know, I am a licensed private investigator and I'm ready to take this to the next level.

Perry Whatley Battles Probate Court to the End

By LISE OLSEN

More than a year after the retired Baytown refinery worker died, a showdown still looms in the costly court fight that pits Perry "Bit" Whatley's widow against the dead man's former guardians and the Harris County probate judge who appointed them.



Two attorneys appointed by Probate Judge Mike Wood to represent Whatley during his final years — as well as the judge himself — could face trial in June in a civil lawsuit.


The suit alleges Whatley's guardianship was improperly handled and lawyers should not have been allowed by Wood to manage Whatley's life or his savings.



At stake are hundreds of thousands in court-ordered legal fees and living expenses that consumed much of Whatley's $2 million nest egg, which he built over a lifetime of investments, primarily in his former employer, oil giant Exxon Mobil Corp.



As the litigation drags on beyond Whatley's death, the case remains a cause celebre among critics who allege Texas probate courts are being misused and abused at the expense of the elderly and infirm.Full Article and Source:Possible trial pits widow against her spouse's former guardiansThe Whatley case, first reported by the Houston Chronicle last year, has been fraught with accusations of financial greed.

See also:When probate court threatened to take away his assets, Perry Whatley gave up and fled — and ultimately died far from his home - Perry Whatley battles probate court to the end

Abused Florida 9-year-old to receive Millions for DCF Mistake

TALLAHASSEE -- With 9-year-old Marissa Amora at his side and smiling brightly from her wheelchair, Gov. Charlie Crist signed legislation today that could eventually award her $18.2 million for a Department of Children and Families mistake that led to horrific abuse and permanent brain damage.

"Sometimes government makes mistakes and when that happens, we need to recognize that," Crist said at a morning press conference at the Governor's Mansion.
Since 2004, Marissa has lived with her adoptive parents on a small Marianna farm with six brothers and sisters, all of whom have special needs.

The legislation will give her $2.9 million this year, with a promise that additional funding will be authorized by future Legislatures until the full amount is paid off, said her Tallahassee attorney, Lance Block.
Marissa's adoptive mother, Dawn Amora, said the change in administration at DCF has made all the difference in her long battle to get help for her daughter.

The couple needs the money now to pay for back surgery that Marissa will need in a few weeks, and other medical care, Dawn Amora said.

"We have so much hanging over our heads," Amora said. "She will never end up in a nursing home, which is where the department originally wanted to put her."

Abridged=>>

Elders Skip Meds , Even After Part D Can Not Afford



WASHINGTON By Will Dunham

Patients classified as the sickest reported no improvement in skipping medications because they could not afford to pay for them even after the Part D benefit began.

These people, accounting for about 27 percent of the overall group, skipped their pills at about twice the rate of healthier patients in 2004 and 2005, Madden's team found.

Skipping pills can cause health problems such as heart attack, stroke and preventable hospitalization, the researchers noted.

Thursday, May 15, 2008

A Call For Change


Click Here to go to Video=>>

When it comes to demanding change, there is power in numbers. And a Fox 9 Investigation has inspired a number of people to demand changes in the laws that allow strangers to take control of their loved ones lives. One of those people is a conservator named Sheila Gast. After our report on Gast in February, more people wrote in urging us to continue to investigate her for the financial and emotional heartaches they say she's caused families. Trish Van Pilsum reports.
--------------------------------------------
We need you to Contact Fox News and encourage them to do more stories like these here =>>

Too Many Voices, Too much Suffering!



Originally the guardianship laws were written with good intentions. Unfortunately, greedy lawyers and others saw a cash cow and the rest is history.

Everyone should send this video to everyone they love before it is too late and they are snagged by the guardianship courts where they will lose their money, their freedom and sometimes even their lives. Guardianship and conservatorship are a modern day holocaust.

Families are suffering, at the hands of the corrupt court systems in the US. What happened to live and let live, what happened to freedom.

New York Governor Paterson Gets Serious On Elder Abuse

by Brooklyn Eagle (edit@brooklyneagle.net),

Assemblymember Alec Brook-Krasny (D-Coney Island, Dyker Heights) announced that Governor Paterson has signed into law a measure that makes assaulting a senior citizen a class D violent felony, helping curb predatory attacks by those who target the elderly (A.9818).

“Society cannot tolerate criminals who assault and abuse the elderly,” Brook-Krasny said. “Elder abuse is a heinous crime, and we must take immediate action to stop this type of violence.”

The new law will increase the penalty for assaulting a senior citizen from a class A misdemeanor to second-degree assault – a class D violent felony – if a person 65 years or older is assaulted by someone more than 10 years younger. “Our senior citizens deserve to feel safe and protected,” Brook-Krasny said. “This law will ensure that criminals who assault and victimize the elderly will be severely punished for their shameful behavior.”

The Assembly also passed legislation this year that will increase the penalty from a class A misdemeanor to a class E felony if more than one vulnerable elderly person is victimized by a scam artist (A.9813). An experienced elder law attorney was added to the state’s Crime Victims Board, providing valuable perspective for cases involving older New Yorkers (A.6204). New York State Police are also now required to develop educational materials and procedures relating to elder abuse to help with their cases (A.9905).

New Task Force Targets Elder Abuse

Honolulu,HI,USA

The Prosecutor's office has created an elder abuse unit dedicated increasing public awareness of crimes against those over 60 years of age and prosecuting those guilty of such crimes.

It's not something we like to think about, someone abusing our seniors. And that abuse doesn't have to be physical, it could be financial. And seniors are reluctant to talk about it.

Nigerian Inheritance Scam Artist Busted

Four men have been indicted on federal charges they masterminded a Nigerian get-rich-quick spam scheme that netted the alleged fraudsters more than $1 million, the U.S. Department of Justice announced

The defendants – Nnamdi Chizuba Anisiobi, Anthony Friday Ehis, Kesandu Egwuonwu and "John Doe 1" – are accused of persuading victims into sending them more than $1.2 million in cash in exchange for a piece of an non-existent inheritance, according to a Justice Department statement.

The men were charged with eight counts of wire fraud, and one count each of mail fraud and conspiracy. Anisiobi additionally was charged with one count of bank fraud.

Anisiobi, Ehis and Egwuonwu are awaiting extradition to the United States after Dutch authorities arrested them Feb. 21, the statement said. Two of the men are Nigerian citizens who were living in the Netherlands. The fourth defendant, John Doe 1, whose aliases include Eric Williams, Lee, Chucks and Nago, remains at large.

"We cannot allow these scam artists to prey on innocent victims in this country," U.S. Assistant Attorney General Alice S. Fisher said, "and we will work across the globe to knock out these fraudulent get-rich-quick schemes."

U.S. Attorney Roslynn R. Mauskopf warned Americans to protect themselves against similar solicitations.

"Potential victims need to know that any email offering millions of dollars that requires they send money to receive this windfall is a scheme," she said. "Delete it."

Wednesday, May 14, 2008

A Horrible Horrible Case of Injustice

Ray,

This is an awesome site. I fought through the guardianship system until finally when all my mother's assets were gone they said here you can be her guardian now. I became her guardian to help her.

It was hard but they cannot hurt her anymore. It cost her $200,000, it cost me $30,000 and now I am being sued for $20,000 when $60,000 we have proven was stolen and the judge said the guy has to return it.

It has been a nightmare. My mother suffered in a home in a State far away from where I live. Her hip was broken. Her caregivers would not help and would not get her to a doctor. Adult Protective Services was called they told me to file for guardianship to help her. I did and it was contested. In the meantime the court appointed several attorney ad litems and guardians until her money was gone. I have paid attorneys all I can.

It is a horrible horrible case of injustice because now the guardianship system is going after me and my assets.

Please can I call you or can you call me at 713-545-0820 so I can see how to share my story

Latifa

Tuesday, May 13, 2008

Open Letter to Michael Putney : Channel 10 News


Dear Mr.Michael Putney;
Channel 10 reporter, Miami-Herald columnist

We are writing to you not only for ourselves but for a number of other people. We would like to have a meeting with you to discuss the following serious concerns:

Did you know that anyone can call Elder Affairs, and this in turn could set in motion a chain of events which could land an elder person (or Britney Spears) in front of a Probate/Guardianship judge who can have this person declared incompetent? This judge has the power to take all of the elder persons’ constitutional rights away, name a court appointed corporate guardian, their attorneys, caregiver personnel, which could cost everything he or she owns [bank accounts, financial portfolio, social security checks, IRA’s, 401K’s plus ALL real property (home, furnishings, collectibles, cars) everything]!

Please read AARP article "Stolen Lives" by Barry Yeoman . This is an eye-opener. Among the many things stated is that this kind of elder abuse is rampant in the probate/guardian court system across the U.S. Of course it is very much “alive and well” right here in South Florida.

We know of a case of an M.D., the court declared his Mother incompetent, later this Doctor had her examined by a Court appointed Psychiatrist as well as a private one, and both found her to be competent. Nevertheless, the judge would not give her rights back, (it appears Ted Bundy had more rights in criminal court [ACLU and press where are you?] in some cases judges do not consider critical data which is paramount to the case). In the meantime, this lady has had to pay over $600,000 in guardians, lawyers, personnel, etc. that are "caring" for her.... Sure they are. Not only that, but the attorney for his Mother was the attorney for the court appointed guardian at the same time!

There are other sad cases like the Tristani case, the El Nuevo Herald Jan. 26 and Jan. 27 of 2004, Haye’s case, Gertler case, Torrent case, and many others. There are cases in Broward County, Palm Beach county, Monroe county. In fact last Sunday, April 18th, on the front page of the Key West paper, please see www.kwtn-blue.com/2008/04/page-one-comm-2.html there is an outrageous case, there are similar cases in our ever growing group across Florida. We even get emails from people withholding their names for fear of reprisals from certain judges.

There is a clear cut pattern of behavior on the part of attorneys, guardians, judges, which points to a great deal of financial abuse and of course physical and emotional as well. Please read Mary Joy Quinn –Guardianships of Adults [page 42 where it states: That within the next few years, and it’s beginning to take place now, an enormous transfer of wealth, estimated at “eleven trillion” dollars between the older generation and their Baby Boomer children is taking place].

Looking at the many websites like ElderAbuseHelp.Org, EstateofDenial.Com , GuardianAbuse.Blogspot.com , AbusiveGuardianShips.Com , StopGuardianAbuse.Org to name a few as well as many others, reading articles, speaking with witnesses, our own experience it is our perception that the Probate/Guardianship Division of the Court System has to be looked at "very closely", new legislation reform is needed immediately, people are suffering and worse.

A real estate agent is required by the State to give prospects written disclosures. Similar written disclosures of information or guidelines should be given by the Probate Courts to lay people who apply for guardianship of another person. As the AARP articles says, seniors have become victims of the legal process.

The shape of things to come for baby boomers(?), (the generation which has done more for Civil Rights than any other, etc.) Not very good if you have any assets.

Waiting to hear from you, we thank you for your time and consideration on this grave and shameful problem.

Brian and Alicia Rook 305.933-9594

Citizens Against Elder Abuse in the Probate / Guardianship Courts

Please Join Us along with Brian and Alicia by Mailing Michael Putney here =>>
or here mputney@local10.com

Florida Supreme Court : Judicial Qualification Commission- Public Information


The Judicial Qualifications Commission is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is not a part of the Florida Supreme Court or the state courts and operates under rules it establishes for itself. The JQC has no authority over federal judges or judges in other states. Complaints against state judges must be filed in writing with the JQC, not with the Supreme Court or any other state court or judge. Neither the Supreme Court nor its Chief Justice have any authority to investigate alleged misconduct by state judges or to investigate the JQC. The JQC can be reached at:

Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581


What Are the Ethics Standards for State Judges?
The ethical standards for judges are called the Code of Judicial Conduct. They apply to all sitting judges. Canon 7 of the Code also applies to anyone seeking judicial office, such as in an election.

How Must a Complaint be Filed?
Complaints can be filed as a simple letter to the address above outlining the alleged misconduct of the judge. No form is required. Complaints cannot be filed with the Supreme Court, only with the JQC.

For more information on the JUDICIAL QUALIFICATIONS COMMISSION

Sunday, May 11, 2008

Video warns seniors of exploitation by family

Click on Video to View It!

By T.J. GREANEY of the Tribune’s staff
Sometimes adult children are abusing drugs or alcohol, sometimes they’re resentful of their childhoods and feel their owed, and sometimes they’re simply opportunistic, but financial exploitation by children of their elderly parents is a problem only now beginning to be widely reported.

"A lot of people think it’s within the family so it’s a civil matter, and some people even think, ‘Well, I’m going to inherit the money anyway, so I’m just collecting my inheritance early,’ " said Marta Fontaine, adult protective services planner for the health and senior services department. "We’ve seen it get to the extent where someone gets the deed to a home or opens joint bank accounts. People have signed over CDs. It can be quite extreme."

Fontaine said this area of the law is relatively new. Missouri first passed a financial exploitation of the elderly and disabled statute in 2000. It has been revised twice to make it easier to prosecute criminals.

"Nationwide, prosecutors are just now starting to understand undue influence and how that can make what may appear to be a civil matter into an actual criminal matter," Fontaine said.
Financial exploitation of an elderly or disabled person of greater than $1,000 is now a Class B felony in Missouri and rises to a Class A felony if the sum is greater than $50,000.

Still, said DHSS officials who monitor the Elder Abuse Hotline, only about one out of every 14 cases are ever reported.
Reach T.J. Greaney at (573) 815-1719 or tjgreaney@tribmail.com.

America’s Rank as the World’s No. 1 Incarcerator.

“For some groups, the incarceration numbers are especially startling,” the report said. “While one in 30 men between the ages of 20 and 34 is behind bars, for black males in that age group the figure is one in nine.”
The racial disparity for women also is stark. One of every 355 white women aged 35 to 39 is behind bars, compared with one of every 100 black women in that age group.

The largest percentage increase - 12 percent - was in Kentucky, where Gov. Steve Beshear highlighted the cost of corrections in his budget speech last month. He noted that the state’s crime rate had increased only about 3 percent in the past 30 years, while the state’s inmate population has increased by 600 percent…
Record-high ratio of Americans in prison
By DAVID CRARY - AP National Writer
Thursday, February 28, 2008

For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America’s rank as the world’s No. 1 incarcerator. It urges states to curtail corrections spending by placing fewer low-risk offenders behind bars.

Source=>>

Slow Dance


This is a poem written by a teenager with cancer. She wants to see how many people get her poem. It is quite the poem Please pass it on. She is a terminally ill young girl in a New York Hospital. It was sent by a medical doctor - Make sure to read the closing statement after the poem.

SLOW DANCE

Have you ever watched kids
On a merry-go-round?
Or listened to the rain
slapping on the ground?
Ever followed a butterfly's
erratic flight?
Or gazed at the sun into the
fading night?
You better slow down don't
dance so fast
Time is short the music won't
last
Do you run through each day
on the fly?
When you ask How are you?
Do you hear the reply?
When the day is done do you lie
in your bed
with the next hundred chores
running through your head?
You'd better slow down
Don't dance so fast
Time is short the music won't
last
Ever told your child, We'll do
it tomorrow?
And in your haste, Not see
his sorrow?
Ever lost touch, Let a good
friendship die?
Cause you never had time
To call and say,'Hi'
You'd better slow down
Don't dance so fast
Time is short the music won't
last
When you run so fast to get somewhere
You miss half the fun of getting there
When you worry and hurry through your
day
It is like an unopened gift....
thrown away.
Life is not a race
Do take it slower
Hear the music
Before the song is over.

FORWARDED E-MAILS ARE TRACKED TO OBTAIN THE TOTAL COUNT.
Dear All: PLEASE pass this mail on to everyone you know - even to those you don't know! It is the request of aspecial girl who will soon leave this world due to cancer. This young girl has 6 months left to live, and as her dying wish, she wanted to send a letter telling everyone to live their life to the fullest, since she never will. She'll never make it to prom, graduate from high school, or get married and have a family of her own. By you sending this to as many people as possible, you can give her and her family a little hope, because with every name that this is sent to, The American Cancer Society will donate 3 cents per name to her treatment and recovery plan.
One person sent this to 500 people! So I know that we can at least send it to 5 or 6.

It's not even your money, just your time! PLEASE PASS IT ON AS A LAST REQUEST. Dr. Dennis Shields, ProfessorDepartment of Developmental and Molecular Biology1300 Morris Park AvenueBronx , New York 10461

Saturday, May 10, 2008

Clara Social Security Income ( No More)

Please click to enlarge document..



This is What Used to be Dr Fernandez Social Security Income that has benefited Clara , and kept her bills paid since her retirement. What right does anyone have to take this away and to to bill yourself for Dr. Fernandez's social security income. I think I know my father Dr. Fernandez well enough to know he would have wanted his social sec to benefit his wife by allowing her to stay in her home with ALL her bills paid, including the needs of her caregivers.



This is how much of Dr. Fernandez social security income , meant to benefit his wife and family is left

- $(-98.00)

Editors note: Since July of 2007 Clara's Social Security Income goes to pay for attorney fees, I get a lot of E mail from incredible readers who say "Ray they cannot take your mom Social Security it belongs to her and you are taking care of her." they say " the electric they cannot cut. it is against the law! " yeah right! What Law ?