Today May 31 or the last Sunday of the month is Mother's Day for Clara G. Fernandez in the country in which she sought refuge to escape government interference in family affairs and to escape being forcibly interned in a nursing home, Clara and her family is of Latin culture and it is deeply ingrained in us to take care of our own free of government forced interference ,chemical restraining, and forced interment in a detention center.
Clara chose to leave her home,friends and material possessions for the first time in 1965 when Fidel Castro socialized Cuba in 1959 and we chose to inmigrate to the US.
Clara now 92 years old and still going strong earlier Clara found herself the victim of physical and financial abuse when opportunists and wanna be heirs who were strangers to the family and found in the offset of her dementia and Alzheimer's an opportunity to loot her estate while authorities did nothing to stop the looting and wanton destruction of her family.
Even though Clara had ample family to take care of her a forced guardianship by attorneys Cara A. Higgins, David Paul Horan, Robert Tischenkel, Donald E. Yates and others imposed themselves while charging upwards of $400.00 per hours to perform menial and unnecessary tasks that here to her family had performed lovingly for free.
The Guardianship was terminated on October ,22, 2008 when it was determined that Clara Fernandez's once multi million dollar Trust was broke.
Clara's husband of 58 years well known and respected Dr. A.J. Fernandez died of the stress of the situation, almost one year after the couple was forcibly separated. Dr. Fernandez did not understand the forced and illegal separation and died of a broken heart on January 9th 2006.
Today is a joyous occasion and Clara is celebrating Mother's day surrounded by loving family members free from fear of persecution from overzealous Adult Protective Services who are often in bed with the Guardians and their attorneys who have mixed interests and loyalties when it comes to protecting our elders.
Even though we are very zealous for protecting Clara's privacy after everything she has been through we will attempt to bring you updates and pictures as the events warrant.....
Sunday, May 31, 2009
Today May 31 or the last Sunday of the month is Mother's Day for Clara G. Fernandez in the country in which she sought refuge to escape government interference in family affairs and to escape being forcibly interned in a nursing home, Clara and her family is of Latin culture and it is deeply ingrained in us to take care of our own free of government forced interference ,chemical restraining, and forced interment in a detention center.
Monroe County,Florida USA...by Ray Fernandez
OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE
MCS0050FF0079I7 Printed On: 09/28/2005 15:42
MR. RAUL FERNANDEZ ADVISED THAT HE WILL BE PURSUING THIS MATTER CIVILLY WITH HIS ATTORNEY.
9/1/2005 10:35 SUPPLEMENT HAMILTON, HENRY B Si55 S6897 9/1/2005 1-0- -:3--7
THIS INVESTIGATOR DISCUSSED THE CASE WITH ASA J.T. GORMAN OF THE STATES ATTORNEY OFFICE AND AGREED WITH THIS INVESTIGATOR ON THE STATUS OF THE CASE, SINCE THERE WERE NO PHYSICAL SIGNS OF ABUSE AND THE MATTER SHOULD BE HANDLED CIVILLY BETWEEN THE BROTHERS.
9/1/2005 14:47 SUPPLEMENT MORFFI, JOR(;E LUIS 11-2-3-
123 S7795 9/1/2005 15:04
THIS WRITER RESPONDED TO 5525 COLLEGE RI) / M.C.S.O HEAD QUARTERS.
UPON ARRIVAL I MET WITH A LAURA WHO INFORMED ME THAT A CLARA FERNANDEZ WAS AN ELDERLY PERSON WHO WAS AT THE LOBBY AT OUR HEAD QUARTERS. LAURA SAID THAT DETECTIVE HAMLTON NEEDED A DEPUTY TO SWEAR IN CLARA FERNANDEZ AND HAVE HER SIGN IT AND THE DEPUTY SIGN IT.
I MET WITH CLARA FERNANDEZ THE VICTIM AT THE LOBBY THERE I READ A STATEMENT. I INFORMED VICTIM TO RAISE HER
RIGHT HAND SO I CAN SWEAR HER IN. THE VICTIM WAS SWORN IN.
I TOLD VICTIM TO SIGN ON THE PROPER BOX AND DATE IT. THE VICTIM HAD A HARD TIME SIGNING ON THE LINE AND HER HAND SHOOK CONTINOULYS. IT WOULD BE HARD FOR THE VICTIM TO TYPE SAID 2 PAGE LETTER SINCE SHE IS AN ELDERLY PERSON AND HAD A HARD TIME SIGNING THE STATEMENT.
Date Entered NCIC: Date Removed NCIC:
No Concur No
Date Time No Pt1F/U No
09/05/2005 09:04 No lnvF/U Yes
Case Screening Supv. BOBBY RANDOLIH
HAMILTON, HENRY B
Report Last Modified 09/05/2005 09:04 WITNESS STATEMENT
Last First Middle Title H R S DOB
MCCLAIN ANGELA N W F 10/27/1927
I have known Clara at least 15 years and saw her often several times a week, most times On August 2004 Clara suddenly disappeared without ever giving any indication she wanted to leave.
Attempts to contact or speak with Clara were blocked by Al Fernandez and Bill Hart, who did not allow me to talk with her .
MCS005OFF007917 Page 6 of 7 [S7889 08/23/2005 15:10
This police report raises some very disturbing issues and exemplifies what happens when elder abuse is reported.
Mr Raul Fernandez NEVER EVER thinks that elder abuse is a civil matter, and words were put into my mouth, which brings up the question : Does a citizen when attempting to report elder abuse have a right to be accurately quoted in a police report?
In spite of numerous witness that gave sworn statements that Mr. Willam A Hart and Mr Adalberto J Fernandez Jr had overmedicated the elder while cashing her accounts and had held her in strict isolation, when the victim herself accompanied by her best friend Angela McClain tried to file a report (herself) she was ridiculed and her report trashed because "her hand was shaking."
Way too often as exemplied by this case attempting to report elder abuse or file reports can not only be demeaning for the elder and their families but a big waste of time as well.
He and his oldest brother, Davis Jacobs Jr., recounted for jurors numerous incidents of their mother abusing their father, who a psychologist later testified was the battered spouse.
Saturday, May 30, 2009
EstateofDenial.com hears on an almost daily basis of new Involuntary Redistribution of Assets (IRA) cases in which probate venues and/or probate instruments (wills, trusts, guardianships and powers of attorney) are used to loot assets of the dead and disabled/incapacitated. That is significant for a small, relatively obscure web site like EoD.
We recently added a new entry called New Jersey Corruption to the EoD Links and Sources page. This horrific story is detailed by a member of the Blasco family who says “My Father, a Vietnam Vet with a purple heart, is having his estate stolen by New Jersey’s Government Courts.”
These accounts, albeit familiar, are individually tragic and heartbreaking when taking into account the numerous lives harmed in each action. We posted another similar case out of Ohio earlier this week. Many other inquiries and pleas we receive are not published due to their sensitive nature or pending legal action.
What is most sad is while cries for help are desperately increasing, many people don’t understand the IRA issue, even more don’t bother listening and only a few care. IRA targets - those alive or with any ability to speak - regularly lament how they never dreamed such acts of looting could so overtake their lives. And routinely, these are people who completed their “proper estate planning” yet through opportunistic maneuvering by wannabe heirs and/or dishonest legal professionals, their wishes are ignored or subverted.
Another common thread is that targets or other parties at the forefront of dealing with these actions will tell of contacting all seemingly logical authorities, going through the appropriate processes and channels, doing everything that appears as a reasonable course to avoid an ugly dispute or prolonged, extensive legal battle. Despite these efforts, dead ends or directions to civil court are all that are found.
Thursday, May 28, 2009
If a senior citizen cannot explain the need and ramifications of any document whether it is a legal contract, a do not resuscitate order, a will, a power of attorney, a check, a bank transfer, stock sale, etc., the person that accepts the change may be an abuser or exploiter.
A senior citizen who simply says, "yes," and agrees, stating they understand the document and/or the situation is NOT be considered to understand the situation or agreement unless they can explain what the paperwork, financial transaction, healthcare decision, etc., means, the reason for it, why it's needed in the way of actual effects now or the eventual outcome on their life. COACHING to obtain an answer from anyone in any form may be elder abuse.
For more information:
Integrative Healing Center & Spa 1180 Northern Blvd., Ste 200, Manhasset,
NY 11030, 516-676-0200
Irene A. Masiello Author: Paradise Costs-A Victim's Daughter Fights Back Against Elder Abuse Afterword by: Bennett Blum, M.D.http://www.paradisecosts.com/
At 87 yrs old with Dementia,Alzhaimers, my mother was chemically restrained then isolated while made to sign over everything she owned, when we went to the authorities for help they told us she had a right to sign over everything she owned to anyone she wanted they did the circle jerk! While my mother was left in a hotel room incapacitated and robbed blind.
They then recommended a Guardianship which strained an already depleted estate due to yeats of legal wrangling and never ending court hearings .
This is the infamous circle jerk as anyone who has been desperately seeking refuge and relief from abuse has experienced first hand.
by WJXT-Channel 4 and News4Jax.com at
JACKSONVILLE, Fla. -- The checks, credit cards and bank account of a 66-year-old woman were all cleaned out while she was hospitalized and in a coma. Now, authorities are searching for a culprit.
Police said someone stole thousands of dollars from the woman after she became ill with pneumonia and fell into a coma.
According to the police report, the incident happened when the ill woman checked into Baptist South Hospital last August. The report states, "she became very ill with pneumonia," and eventually "fell into a coma for approximately 30 days," and she didn't get out until the day after Christmas.
The report goes onto say, "during that time period from 8-21-08 until present, the victim's account has been debited to the amount of $12,466.14."
The victim has since moved into an assisted living facility in Orange Park. Channel 4 reporter Scott Johnson spoke with the woman by phone, but she asked not to be identified.
Police reports state the victim originally went into the hospital with her purse, but when she left months later the purse was gone.
Investigators were introduced to the case when a worker at the assisted living facility "advised the victim's bank account was being drained by someone. She and the victim presented numerous pages of bank charges that could not have been completed by the victim because she was in the hospital," according to the police report.
Police said they have been on the money trail and have talked to people who know the victim and may have had access to her personal belongings.
The officer handling the case said he is "attempting to obtain a warrant for the suspect's arrest."
If a person is arrested, he or she could face multiple fraud charges and a charge of exploitation of the elderly.
By Martha Burk EGPNews.Com 5-28-09
The month of May is almost behind us, and with it the flowers and candy many of us showered on our mothers earlier in the month to mark Mother’s Day. But many older mothers are getting showered with attention of another kind – abuse.
Take the case of Ruth, an 89-year-old woman who was in fairly good health when she entered an Iowa nursing home for physical therapy in 2008. When she left to go home 25 days later, Ruth’s leg was rotting and consumed by gangrene. She died three months later. State and federal officials rightly called it neglect, and fined the nursing home $112,650.
25 years of congressional hearings on its devastating effects have produced no federal law to address the problem in a comprehensive manner, even though elder-battering has been called both a disgrace and a “burgeoning national scandal.”
Wednesday, May 27, 2009
As baby boomers age more and more of them are concerned about their futures. With life expectancy increasing the focus is now on the treatment of the elderly. Elder abuse is considered a serious national problem both in the United States and Canada.
No one is safe from elder abuse including the rich and powerful, as headlines observe. Even philanthropists Brook Astor was a victim. Her son Anthony Marshall was reported to have mistreated her in a series of scandals involving the Astor family before Brook’s death in 2007. Elder abuse is beginning to gain more and more attention with the aging of the population and high profile cases like these.
Fraud committed against the elderly is on the rise, and North Carolina needs to do more to protect its seniors, says a new study released Wednesday by the N.C. Center for Public Policy Research.
“The stories of fraud against the elderly are rampant and appalling,” says Mebane Rash, editor of the Center’s journal, North Carolina Insight.
“It is all the more tragic because often the fraud is carried out by relatives, family friends, and caregivers.”
In one mountain county, an elderly couple started sending money to a California televangelist who said he wanted to spread Christianity to the Middle East. Over time, the televangelist started visiting them at their home in Western North Carolina.
When the elderly man moved into a nursing home, the televangelist visited and asked the couple to sign over a general power of attorney, health care powers of attorney, and a real estate deed transfer reserving only a life estate for the couple.
The sheriff was called, the documents were shredded, the minister was chased out of the county, and Medicare fraud charges were filed. But the elderly man in the nursing home died, and his wife was deemed incompetent to testify, so the charges were dropped.
The minister came back just weeks after the man’s death, and the widow signed all of the documents again. This time, there was no one to protect her, no one to call the sheriff. The Scammers and Their Schemes
The Center says the financial exploitation of the elderly is carried out by two categories of perpetrators:
(1) strangers; and (2) relatives, family friends, and caregivers.
Abridged for EA read it all here=>>
New York ,USA Wednesday, May 27, 2009 By JOHN ANNESES
A Stanten Island teen charged with beating his dad with shovel .Older man in a coma after altercation triggered by son's all-night antics.
An 18-year-old from Willowbrook, possibly high on a mixture of prescription and illegal drugs, is accused of bashing in his father's head with a shovel because the older man didn't like that he was staying out so late.
James DeLeo, 18, was arrested on charges of attempted murder after police found him outside his Bellhaven Place home at about 8:30 a.m. Sunday, covered in blood.
Under todays climate the baby boomer generation should steer clear of disciplining their offspring, should a neighboor see you or the child itself call Protective Services you could be in for an extended and protracted investigation , leave that up to proffesionals, avoid disciplining your children it could land you in trouble with the APS at the best and at the worst you could end up in the hospital or worst, dead...
MURRIETA -CA. USA Valley News
A 46-year-old man is scheduled to be arraigned today on charges of murder and cruelty to a dependent adult for the alleged slaying of his 81-year-old father, who died as a result of what authorities describe as several blows to the head.
Charles Edward Ellsworth died Friday at a Fontana hospital "as a result of being struck several times in the head'' by his son, Michael Thomas Ellsworth, at the victim's residence in rural Homeland on April 15, sheriff's and coroner's investigators said.
Deputies investigated a physical dispute reported about 1:40 a.m. April 15 in the 30700 block of Palmetto Palm Avenue in Homeland, between Hemet and Perris, according to sheriff's Sgt. Dennis Gutierrez.
It was not clear from sheriff's and coroner's accounts whether anyone was arrested or received medical treatment on April 15, Gutierrez said. But last Wednesday, the elder Ellsworth was admitted to a Menifee hospital, and he died at 11:07 a.m. Friday at Kaiser Permanente Medical Center in Fontana, sheriff's and coroner's officials said.
Michael Ellsworth was arrested at 3:30 p.m. Friday by deputies from the Perris station and was booked on suspicion of murder and cruelty to a dependent adult with great bodily injury.
Monday, May 25, 2009
"It is foolish and wrong to mourn the men who died. Rather we should thank God that such men lived." -- General George Patton
These brave men and women whom we owe everything come back home and age and they do not deserve to be abused or warehoused and treated as expendable, old age is the ultimate crown of experience, elder abuse is a sickness representative of the decay of our values,our civilization our very existence is now threatened by the scourge of elder abuse and the greed and malovence of those who perpetuate it .
Thank you Uncle James and those so many others who have made the ultimate sacrifice to defend the right to property,and the pursuit of happiness. To those that wish to denigrate the cost of freedom as you will find out problably sooner rather than later, it's very steep.
The older folks many who have fought in past wars deserve our upmost respect,consideration and protection.Any disrespect,abuse, (IRA)Involuntary Redistribution of Assets perpetrated upon the older folks is an affront on all of us.
God Bless to all and Happy and Safe Memorial Day ...................
Sunday, May 24, 2009
May 15—In October 1939, Nazi Leader Adolf Hitler issued an order, written in his own hand, ordering the extermination of those who were considered "unworthy of life." The order, entitled "The Destruction of Lives Unworthy of Life," stated that patients "considered incurable according to the best available human judgment of their state of health, be accorded a mercy death. "This monstrous program was initially sold as an economic measure:
The Obama Administration is beginning to descend down that same road, promising to make the "tough choices" to cut entitlement programs such as Medicare and Social Security to save money—at precisely the time in which an increasing number of Americans are forced to depend on them as the economy slides deeper into Depression. Obama is willing to spend trillions of dollars to bail out the financial markets, and pay for it by slashing programs which keep ordinary Americans alive.
Think we're exaggerating? Take the case of a paper entitled "What Are the Potential Cost Savings from Legalizing Physician-Assisted Suicide?" It sounds like something that might have been written by Jeremy Bentham, or Aldous Huxley, or maybe Nazi doctor Karl Brandt, but it was actually co-authored in 1998 by "bio-ethicist" Ezekiel Emanuel, brother of White House Chief of Staff Rahm Emanuel, a leading advisor to Obama's budget director Peter Orszag, and a member of the 15-person Federal Coordinating Council on Comparative Effectiveness Research, the group which has been designated to prepare the list of which medical procedures will henceforth be permitted, and which will not. Emanuel's co-author, Margaret Battin, has written other papers promoting suicide and selective refusal of medical treatment.
The Hitler program has been revived by the Obama Administration. This is straight Nazi stuff. It's not a quibble; it's not an interpretation. This is a direct copy of the philosophy of the Nazis. You cannot duck that issue. This is Nazi stuff, it's explicit. We know all this stuff from Hermann Göring and so forth in the 1920s, and after that with their international connections, like certain Wall Street firms. We have been warned, and we act accordingly. People who condone this are criminals, because they either knew, or should have known, what they are doing. They either knew, or should have known.
Read the entire article and weep =>>
Related: America's Nightmare =>>
Fortunately another nurse saw this sick behavior by the people entrusted to take care of our elders and reported it.
Boynton Beach ,Florida USA The Miami Herald
BOYNTON BEACH, Fla. -- A South Florida nurse has been jailed after allegedly punching an elderly patient in the face.
Forty-three-year-old Richard Paul Anderson was arrested on a charge of abuse of an elderly person.
Police say another nurse saw him punching an 85-year-old man in the face several times; the victim needed nine stitches. Police say Anderson won't explain what happened but that he previously told another hospital employee that he hit the patient in self-defense.
Self defense, yeah right !
By Peter Starck FRANKFURT, May 19 (Reuters) - Private investors should hold up to 15 percent of their wealth in physical gold, according to a German asset management company which plans to set up 500 'Gold-To-Go' ATMs in Germany, Switzerland and Austria this year. A gold-dispensing automatic teller machine (ATM) was on display at Frankfurt's main railway station for a one-day marketing test on Tuesday.
A one-gram (0.0353 ounce) piece of gold, the size of a child's little fingernail and about as thin, cost 31 euros ($42.25) -- a 30 percent premium to the spot market price .
The flat rectangular piece, bearing the imprint of Belgian metals and speciality materials firm Umicore (Brussels: UMI.BR - news) , came out of the cash-only ATM in a tin box, including a certificate of authenticity.
'This is more than a marketing gimmick,' said Thomas Geissler, chief executive of TG-Gold-Super-Markt.de, the company planning to set up the 500 gold ATMs at a cost of 20,000 euros apiece.
'It is an appetizer for a strategic investment in precious metals. Gold is an asset everyone should have, between 5 and 15 percent of your liquid assets in physical gold,' he told Reuters in an interview.
Private investor demand for gold is on the rise in Germany and elsewhere as a result of the financial markets crisis, which has made many investors wary of holding traditional assets such as equities, bonds or mutual funds investing in such securities.
'In absolute numbers, the demand for physical gold is still tiny in Germany,' Geissler said. 'But in relative terms, the growth is explosive, inquiries have been doubling every six weeks,' Geissler said of the trend in recent months.
TG-Gold-Super-Mark.de's main precious metals business idea is based on online commerce.
The gold ATMs to be set up at central locations such as airports, railway stations and shopping malls are intended to gradually accustom people to the idea of investing in physical gold, Geissler said.
The ATMs will dispense 1-gram, 5-gram and 10-gram pieces of gold as well as Krugerrand gold coins. Each ATM can hold up to 1,500 pieces, he said.
The company's internet website (www.gold-super-mark.de), through which investors can purchase units between 1 gram and 1,000 grams, is updating precious metals prices every 10 minuntes.
The ATMs will be equipped with technology ensuring that the prices charged by the ATMs keep pace with those on the website.
TG-Gold-Super-Markt.de is a subsidiary of German online investment fund company INFOS GmbH founded in 1994. INFOS now manages 170 million euros worth of assets on behalf of about 5,000 customers. ($1=.7337 Euro) Keywords: MARKETS GOLD/ATM
The US$ lost 2.5% in trading just the last two days of the week. With the Feds printing press going in overdrive in order to prop up the boys, while cutting back on social programs the
writing is on the wall.....................
Sunday, May 17, 2009
MID-MICHIGAN (WJRT) -- (05/14/09)--Elder abuse takes on many forms -- physical, psychological, sexual and the most common form, financial exploitation.
Watch Video =>>
I always thought that elder abuse should be a crime and not just a civil matter, until elder abuse becomes a crime and the perpetrators are held accountable even when they happen to be family members this horrendous crime is due to rise to epidemic proportions, laws are written by attorneys and until attorneys who make their money by putting the elders in Guardianships are held accountable for their crimes against the elderly I see little hope for America's aging population who fall between the cracks from being exploited.
Who watches the guardians? County program helps those in need, but lacks accountability.
By LAURA GIRRESCH and MIKE FITZGERALD - News-Democrat
St. Clair County's guardianship system, designed to protect the interests of people who are unable to handle their own affairs, is beset by poor record-keeping and little oversight and accountability, an examination by the Belleville News-Democrat found.
In one example, John F. Pawloski, a Belleville attorney, was accused of writing more than $50,000 worth of unexplained checks from a dead person's estate and stealing $6,300 from a disabled adult while serving as St. Clair County's public guardian.
A study by lawyers, judges and state legislators in 2001 also identified major problems with adult guardianship in Illinois. It found that training is not routinely provided for guardians, many public guardians are overburdened, and guardian performance is poorly monitored.
"There's no question we have a guardianship system, I think, that's pretty broken," said Zena Naiditch, president of Equip for Equality, a legal advocacy group for disabled people in Illinois.
The problems are expected to multiply as Baby Boomers reach retirement age, and millions more war veterans require help because of old age, substance abuse and mental health issues, such as post-traumatic stress disorder.
Abridged red it all here=>>
John Pawloski outside the St. Clair County courthouse. - Derik Holtmann/BND
CLICK FOR MORE PHOTOS
Story: Guardian holds veterans fate in her hands every day
Story: Many wards can't win independence
Story: Group recommends changes to fix a 'broken system'
Since then, nothing has been done to address the problems, experts say.
Nothing has been done, could it be that nobody cares! what the heck these are old people what do they need money anyhow, they won't spend it, how much better for the economy when this money is taken from old people and put in circulation by guardians who buy cars,houses and put the money in circulation!
Please take a minute to listen to this song in memory of Judge John Phillips a classic example of what happens to even the best intentioned of people when the get old and are victims of the ravages of time.
"These sonsabitches are stealing my buildings," said Judge John Phillips
Download and listen Mp3 file I got the Joe Hynes Blues here=>>
Related:"Judge Phillips ran for District Attorney. Now he's homeless."
Tuesday, May 12, 2009
“Dorothy Murtha is being forced to have a PROFESSIONAL GUARDIAN CORPORATION take over her life and all living and medical decisions against her will. This corporate guardian is also forcing her to live in a "dump" nursing home against her wishes. Judge Phillips has illegally shut down preneed papers written by Dorothy several years ago. Dorthoy's choice of her own POA and Health advocate which would have kept Dorthy out of guardianship. She is being denied her wishes and choice of people to take care of her. It will be held in the Probate court 2floor Judge Phillips
I found out the hard way pretty much like Dorothy and millions of Americans find out every year, that Estate preplanning documents are a "sham" that regardless how much planning went into your Estate , and how much money you spend and how bullet proof "you thought" they were, they are pretty much worthless in court if they are contested ..........
Monday, May 11, 2009
Estate abuse or using probate instruments such as wills, trusts, guardianships or powers of attorney to “divert” assets of the dead or disabled/incapacitated in a manner contrary to the asset owner’s wishes is a thriving activity in today’s economy with current conditions ripe for the likely continuation of this trend.
At EstateofDenial.com, we call this an Involuntary Redistribution of Assets (IRA). It can also accurately be called theft.
The estate of Mickey Carroll, one of the last surviving Munchkins from the Wizard of Oz, is now the center of a dispute between Carroll’s relatives and a caregiver to whom Carroll gave control of his assets just four months prior to his death.
Once again, here we are with a case of someone dramatically changing their estate plan shortly before their death. Why would any competent, responsible person desiring a simple, non-problematic estate distribution take dramatic, last minute action likely to create a legal dispute? And in light of such a situation, why would it be inappropriate for heirs or beneficiaries to question such an act?
The answer is quite clear, people change their wills right before their death e.g. Mickey Carroll and right when they become incapacitated e.g. Clara G. Fernandez because that's when they are the most suceptible and are most easily influenced which make for an easy prey. This fact is not lost on looters and grave robbers, what is most reprehensible is that authorities for the most part go by the most recent will, or the POA with the most recent date, regardless of the circumstances of how it was obtained!
Saturday, May 9, 2009
Two new “channels” on AARP’s website share information and resources on elder abuse and, more specifically, power of attorney abuse. AARP’s TV show, Inside E Street, aired an episode last week called “License to Steal.” You can watch the show and find links to many resources at:
The show focuses on addressing power of attorney abuse, using the Brooke Astor case as a graphic example and featuring research and law reform efforts. Guests include Lori Stiegel, author of the AARP Public Policy Institute report Power of Attorney Abuse: What States Can Do About It
Linda Whitton, law professor and Reporter for the Uniform Power of Attorney Act; Bob Blancato, Elder Justice Coalition; Congressman Joe Sestak; and Meryl Gordon, author of Mrs. Astor Regrets.
Ken Onaitis, LMSW
Director, Police Relations & Elder Abuse
Carter Burden Center for the Aging
1484 First Ave.
New York, NY 10075
We had our own experience wih POA's when our mother Clara G Fernandez who suffered from Dementia and Alzheimer's was "questionable removed" from her home and husband of 59 years . A.J. Fernandez , and made to sign a new POA which was used to close her CD's,Stock accounts,Bond accounts,transfer her Real Estate out of her Trust and otherwise raid her Trust.
The matter ws considered a "civilly matter" and authorities refused to take action and save Clara from losing most assets in her Trust, except for her social security income.
When family pointed out to the authorities that her the new POA that she gave at 87 years old
after having the onset of dementia and alzhaimers, the answer from the authorities was that the POA had a newer data and that was all that mattered, regarless of the circumstances under which it was obtained!
Wednesday, May 6, 2009
277 Harrison St. #4
Ashland, Oregon 97520
May 4, 2009
Enclosed please find a bank statement from my mother’s Trust account at Community Bank of Redlands, which has been managed by your client, Melodie Scott. The statement dates back to May of 2004. I am requesting you supply me with documentation as to what the two circled ‘miscellaneous debits’ at the bottom of the page refer to. The amounts are $10,000 and $20,000. I note that you have never declared these as debits to the court.
You will need to fax me the documentation. Please use this fax number-- 416 782 8866. If I do not receive the documentation within twenty four hours I will be publicly declaring this to be theft on the part of your client.
If you wish to call me to discuss this, please be advised that I will tape the call. If Melodie Scott or anyone in her office calls to discuss this, please be advised that I will tape the call. If your attorney calls to discuss this, I will also tape the call.
cc: Melodie Scott
201 Front Street, Suite 331
Key West, FL 33040
July 26, 2007
Mr. Raul Fernandez
15 W. Cypress Terrace Key West, FL 33040
Re: Guardianship of Clara Fernandez
Dear Mr. Fernandez,
As I have discussed with you a number of times, I have a responsibility to file in the Circuit Court an updated Guardianship Plan and an amended Inventory. During the past five weeks I have repeatedly sought your cooperation in providing me with relevant financial information pertaining to your mother.
Perhaps at this point I should renew my request in writing. Please provide me with the following:
A list of your mother's typical monthly expenses.
A list of your mother's sources of income (I have the Social Security
A list of your mother's anticipated uninsured medical costs, if any. A list of your mother's assets.
Let me specify the information with regard to the assets:*
A list of all bank accounts held all or in part by your mother.
A list of all investment funds held all or in part by your mother.
A list of all insurance policies held by your mother or in which your mother is a beneficiary, and the location of the policies.
A list of all retirement accounts (IRA, 401-K, pension, etc.) held by your mother or in which your mother is a beneficiary.
A list of all securities held by your mother and the location of the certificates.
A list of all real estate owned all or in part by your mother (I am currently aware of the Key Haven house and lots located in Osceola County and Port Charlotte) and the location of the deeds.
A list of safe deposit boxes, if any.
An accounting of cash, jewelry and other valuables.
*This request includes any real and personal property held in trust.
Finally, would you please provide me with a detailed description of your mother's current medical care, including the names of her doctors?
May I have your response to this setter in writing by Friday, August 3, 2007? I had hoped we could have worked together gradually to gather this information, but now I have deadlines looming. Please respond to the address above.
Very truly yours,
Robert Tischenkel Guardian
When you visited my house for the first time you told me that you saw that my mother was very well taken care of, you told me that you saw that all her bills were being paid on time and that the family had everything under control and that you didn't see the need for a guardianship!
You could have done the honorable thing and gone back to Judge David J. Audlin and told him that you did not see the need for a guardianship, instead you opted to take the money.
That's is why Mr. Tischenkel you did not earn my respect ....
From 9:15-10 p.m. CT 0r 10:15-11 p.m. E.T. Journalist Janet Phelan will be guesting on Radio Free Oklahoma. Go to the above link then click on listen live, or check the website for a station near you. We will be discussing the imprisonment of Los Angeles attorneyand whistleblower Richard Fine and other issues concerning legal corruption.
Call in to the shows at 512-646-1984.Listen to the shows at 512-485-9010.
"One If By Land"
Liberty News Radio
Tuesday, May 5, 2009
"In most of the United States, he says, you can go to jail for stealing a loaf of bread but if you have paid off Washington, you can steal the life-savings, livelihoods, homes and dreams of an entire nation, and you will be allowed to live in the fancy homes you own, drive multiple cars, throw multi-million dollar birthday parties, etc. and virtually get away with it."
"if America is to recover from this economic debacle that we find ourselves in, its people must return to the principles that made it great - hard work, creativity, and innovation - and both government and business must serve that end. Washington must serve America, not Wall Street. Things will not change so long as Americans acquiesce to business as usual in Washington. It's time for Americans to make their voices heard."
Lorimer Wilson of http://www.preciousmetalswarrants.com/
We are still very unhappy about the (IRA) Involuntary Redistribution of Assets where the legitimate heirs of Clara and Dr. A.J. Fernandez were whittled down to where most of the "intended" legitimate heirs most of which got zero 00.00 while attorneys collectively piled on at several thousands of dollars per hours until all the liquid assets such as Bonds, Stock Trading accounts, CD's were gone ....
And most of all we are deeply disappointed that when our mother Clara G. Fernandez was "Improperly removed from her home " Judge Von Hoff August 30, 2005 and we turned to the authorities that could have prevented Dr. Fernandez' death and Clara G. Fernandez incapacity by over medicating and neglect the authorities including APS that could have prevented our parents Golden Age turn into "Terror" they all did the circle jerk.
ATLANTA (AP) — State health officials have confirmed the first case of swine flu in Georgia, a 30-year-old Kentucky woman who had fallen ill during a trip to west Georgia.The case was confirmed Thursday by the Atlanta-based Centers for Disease Control and Prevention.
Ford said the woman returned from Mexico on April 21 after a weeklong trip.
Related: Courts creating contingency plan for pandemic
Involuntary Redistribution of Assets (IRA) cases which use probate venues and/or probate instruments (wills, trusts, guardianships and powers of attorney) to loot assets of the dead and disable/incapacitated can manifest themselves in a number of ways. The Marshall/Morrissey trial currently underway in Manhattan has the defendants facing criminal charges of defrauding the estate of Marshall’s mother, NY social doyenne and philanthropist Brooke Astor, of nearly $200 million. Click here for the latest. The looting itself is common. It being treated as a criminal case is what’s unusual. Most IRA cases are relegated to civil courts which immediately disadvantages rightful heirs.
People’s entitlement mentality is astonishing. The level of comfort in taking the property or accumulated wealth of others is mind-boggling. What ever happened to pride in being self-sufficient? This expectation of being provided for and that “I’m deserving” is an unflattering and truly dangerous trend.
Welcome to the Land of the Gimme-Gimmes and the Home of the I-Want-Mores! Hold on to your wallet as productive people in this land are in for a rough ride!!
Read more at Estate of Denial.Com
Sunday, May 3, 2009
By Hanns Pieper (Contact)Sunday, May 3, 2009
Estimating just how much elder abuse goes on in any community is not easy, but a reasonably reliable estimate is that about 4 percent of seniors suffer from some form of elder abuse.
In the Tri-State, that would mean that approximately 800 seniors are abused at any one point in time, and that is 800 seniors too many.
Physical abuse usually comes to mind first.
Inflicting physical damage on a senior is certainly abusive, but another form of physical abuse is withholding important things, such as medication, that are necessary for the senior's physical welfare.
Psychological abuse is often more subtle and harder to spot. In a youth-obsessed culture where it is already difficult enough to maintain a strong sense of self-worth as a senior, insults and verbal attacks can be devastating. Socially isolating or controlling the senior is another example of psychological abuse.
Perhaps the most common kind of elder abuse is financial abuse.
Seniors frequently hand over control of their finances to their children or a trusted friend.
Unfortunately, sometimes these folks forget whose money it is and they start thinking of it as their own.
If you are at a loss as to how to report abuse, contact your Regional Council on Aging.
These councils are found in virtually all areas of the country. In Southern Indiana, the Elder Abuse Hotline is (800) 992-6978. Abuse can also be reported to Adult Protective Services at the Vanderburgh County Prosecutor's Office at (812) 435-5190.
Hanns Pieper is professor of sociology and gerontology at the University of Evansville. If you have questions about aging, send them by e-mail to email@example.com, or write to him in care of Family, Evansville Courier & Press, P.O. Box 268, Evansville, Ind. 47702.
Unfortunately the people that we depend on when tragedy strikes in the form of Elder abuse are not able to help.
From personal experience when my mother was kidnapped by a sibling that did not consider her will to be "fair" and he then drugged and made her sign her estate over to him , when the crime was reported the authorities they passed the buck, the Sheriff, said the State Attorney was responsible,the State Attorney said the APS was responsible, the APS said they had no "police powers" and were not able to help, they recommended we obtain a guardianship, by the time we got this several years and hundreds of thousands in legal feels later, my mother was already incapacitated from neglect.
Others who turned to APS for help their elders were committed to a nursing homes and they were prohibited from seeing them while a court appointed guardian,and his friends ransacked the estate by charging outrageous and unwarranted legal fees while everyone turned a blind eye.
This my friends is the reality of elder abuse and elder financial abuse, and to tell the chickens to turn to the fox for help is the worst you can do......I have documented many cases in ElderAbuseHelp.Org where the people who we turn for help are the biggest grave robbers and opportunists who take incapacitated and helpless venerable adults and take them to the cleaners.
Hope you are able to post this as a warning to others that the mechanism to protect our elders is broken and is in serious need of oversight if not a major overhaul.
Friday, May 1, 2009
MIAMI Published: Thursday, April 30, 2009 by The Ledger.Com
At least 20 suspected swine flu cases have been identified in South Florida, but officials stress that more testing is needed for any confirmation.
Miami-Dade County health officials announced Wednesday that 20 samples were sent to a state lab for testing. Cases in Broward County were also sent to the lab, but health officials would not give a number of cases.
The case of an Orlando tourist who recently visited a Disney theme park is also being tested. There are no confirmed cases in Florida.
Meanwhile, in Mauldin, S.C., a high school has closed after students returned from a band trip to Disney World with flu-like symptoms.
Greenville County School District spokesman Oby Lyles says officials decided to close Mauldin High School on Thursday as a precaution after 18 of 70 students returning from the trip reported illnesses.
Lyles says the district is waiting for test results from state health officials.
A Department of Health and Environmental Control spokesman said he could not immediately comment on the school closing.
DHEC has identified 17 "probable" cases of swine flu, all linked to students at a private school in Newberry who had been in Mexico in early April. The school has been closed this week.
DHEC is investigating dozens of "suspected" cases of swine flu.
The World Health Organization has issued a Phase 5 alert suggesting a worldwide pandemic could be imminent.
Grave Robbing Affects More than Astor-nomical EstatesLou Ann Anderson
In life, Brooke Astor represented the best of New York high society exemplifying gracious living and philanthropic generosity.
That she, in her last years, would become an alleged victim of elder abuse was unimaginable. And in death, Brooke is still making headlines as Anthony Marshall, her only child, is on trial for looting his mother’s estate of nearly $200 million. As Marshall and codefendant attorney Francis X. Morrissey, also charged with stealing from the estate and of forging Brooke’s signature on an estate document, are on trial in a Manhattan courtroom, it is important to understand the implications of this case as similar grave robbing and property poaching acts are taking place across the U.S. Other targets are not celebrities, the estate values are far more modest, but Involuntary Redistribution of Assets (IRA) – the use of probate venues or probate instruments (wills, trusts, guardianships and powers of attorney) to steal from the dead and disabled/incapacitated - is becoming a lucrative business with Americans of all economic levels at risk.