Tuesday, July 6, 2010


Unfortunately, I've reached the conclusion that this epidemic of Guardianship Abuse is a financial scheme by our government against it's older citizens, to improve the economy, and help the elite restock their recently depleted stock portfolios. It's a good thing that the government knows that they are smarter than me. In a side note, why would Elena Kagen even be considered for Chief Justice of the Supreme Court? She's got something in her pocket for you, and she found it in the course of her last job, and they asked her what she wants. Well, I'd like the same please. No I wouldn't, I have a violent allergic reaction to bullshit."Burn Down the Mission" anyone? Re; Elton John. He should play that one for the president, or my election campaign. My platform? RICO the courts, maybe the government, that's all. Racketeering Involving Corrupt Organizations.

The financial market newly energized by this scheme, for the elite to invest in, is Adult Homes and Mental Health Facilities. Look it up, they're building them faster than strip malls.The guarantee they will be filled, comes from the Judicial Branch of the government, the Courts. The idea also has to do with the new Healthcare Reform Act, and how it's ruining these investors stock interests by regulating the Healthcare Industry. It was something they carefully crafted to make money off of Drug Companies, Health Insurance companies, and government programs. They're angry dammit, and this is retaliation.

I'm addressing the Adult Home and Elder Care issue, because my mother is going through it, and I'm gaining first hand knowledge.The Mental Institution Plan follows basically the same plan. Recently, Nassau County NY released information to the Police Department about citizens who suffer from Cognitive Impairments. That covers a wide array of conditions. My question is how did the County collect that data, and what's the purpose of disseminating it to Law Enforcement? Did they access Doctor / Patient records? Health Plans to see what prescriptions people receive? Illegal you say? RICO I answer.

The Elder plan goes like this; they can force all the old people into institutions, and put their money back into the economy by giving it to their greedy guardians. This will increase sales for retailers, tourism,etc., and stimulate the housing market by selling the old peoples homes, and building new homes with the money, for their guardians to live in. Most importantly, the Stock bought cheap, at the plan's inception, will blossom as the institutions fill up, so everybody wins! Except of course, the elderly victims. Who cares?

In order for these facilities to make money they must be filled. This is where the courts come in, but not without benefit to themselves. First there are the lawyers, the law in NY, MHL Article 81, allows the Petitioner for Guardianship the right to pay their lawyer out of the Incapacitated Persons money. The IP as the court refers to them, was determined incapacitated while on drugs at a facility they were put into against their will. They had to give them drugs, they wouldn't co-operate with their fate! Then, the petitioner hires the most expensive attorney to represent themselves, for example Brian Heitner Esq., $400 an hour, who cares, it's not their money. Then, there's the defense attorney. Court appointed would be the worst case scenario, you might get Patricia Howlett Esq., an attorney with the super power ability to remain stealth on the court transcript.

Even if you get your own attorney to defend you, when the judge is the vice-president of the NYS Bar Association, Justice Joel K. Asarch, and the court examiner is the president of the Nassau County Bar Association, Peter H. Levy Esq., and they tell the lawyer to throw the case, you still get paid, mind your business or else, the attorney may feel intimidated. Attorney's kick back a percent of the money paid them out of the IP's money, to the guardian. Next is the Judge pay off, another pre-arranged percent. Maybe he can get more if he drags the case out longer, keeping the lawyers on the case longer.

We're coming up on a year now with my mom's case.

Mom is also paying for staying at Jefferson Ferry Assisted Living, in South Setauket, Suffolk County NY, against her will. This is the point where the facilities stock rises; The IP has to pay for that facility care until they can't. Kick back to Guardian for placing IP there. Some of the IP's money, as I said was squandered on the court and it's minions. With no oversight allowed by family members except the guardian, who knows how many pockets it's lining besides the guardians, and other players I've mentioned. As anyone living this nightmare can tell you, the guardian will not talk to the family, or tell the truth to the IP.

A Special Needs Trust will be created, transferring assets out of the IP's name, into the guardians control, with no oversight. This SNT will allegedly supplement needs Medicaid doesn't cover. It's a front. You say the Property Guardian has to make annual reports to the court about the IP's finances? If you check, the Judge usually doesn't grant Property Management, as in mom's case, only Personal Needs required to keep the IP where the Guardian wants them.

The Judge, under the auspices of least restrictive means, grants the Petitioner only a Power Of Attorney, which has the same authority as Property Guardian, but with no over site. If the Guardian needs a power not granted by the POA, the Judge can always grant it. Who needs court employees looking over records, and their subsequent pay off? Yes, in theory the IP can demand to see their financial records from the bank, or the Guardian with POA, but since they've been judged "incapacitated" no one listens. They can't terminate a POA either, although POA directives indicate they can, because they are determined not competent to make that decision. Because of the incapacitated judgement, mom also can't fire her lawyer, ask for an appeal, or appeal to government agencies for help. Perfect. The courts cover the bases better than Derek Jeter.

The function of removing assets from the IP's finances, into the SNT, is for filing Medicaid applications, at which point the money for care comes from Medicaid. If the IP receives income, i.e.; pensions, other residuals, I'm not sure about Social Security, they can be diverted to the Special Needs Trust to make the IP Medicaid eligible. How do you like that Obama and your healthcare reform?! The government cost of Medicaid will sky rocket, as will taxes, as will stock in these Adult Facilities, and other businesses involved in Elder Care.

I was made aware this past week, by a friend who has been listening and encouraging me these past months, but who I don't feel believes I am doing all I can do for my incarcerated mother, that it just happened to his Aunt and Uncle. He is terrified.

I listen now, and nod my head. He thinks he's going to fix it. His loved ones were removed from their home in New Hyde Park NY, by their daughter Theresa. The couple's other two children, are Vincent and Maria. Neither of them know right now where their parents are. I'm waiting to find out how they were removed. I know where my mom is, but if I didn't, I'd report her missing to the police. I'd say she was last seen with my sister, but she won't talk, here's her address. If they were removed by the police, and they won't tell me to where, that's illegal. If the police arrest someone, and you ask where they are, they have to tell you. If they tow your car, they have to tell you where it is.

I explained as gently as I could to my friend that his Aunt and Uncle are being over medicated and determined incapacitated as we speak. He asked me what he could do. I told him nothing that will make a difference, no matter how hard you try.




Editors Note:

Brilliant, your clarity of thought is outstanding! Of course I take it you know that this will take many people out of their comfort zone, especially people who will march to the gas chamber with their briefcase insisting they are going on a summer vacation, the same people who can't part with that warm and fuzzy feeling that the government is going to take care of them and that this only happens to people who somehow brought it upon themselves.

And of course when it happens to them as in your friends Aunt and Uncle, they act surprised!

I got a feeling that the media and the government agencies will quickly pretend this isn't happening and file your complaint in the round file, like they did with mine, or like they did when my mother went to the Sheriff Dpt to file a Elder Abuse Complaint and they dismissed it because "her hand was shaking"when she signed the complaint.

Thank you for breaking down so eloquently what those of us that have been sodomized by the system already know....

We will continue to speak for people from diverse cultures,races, social strata that have one thing in common, "They managed to save for their old age"

in unison voice, we will speak in E mails , we will speak in blogs, we will tell the truth and the whole world will know..


Ps. IP= Incapacitated Person

1 comment:

Anonymous said...

Good morning Ray,
You are to be admired for your efforts and I can only hope it all pays off. I do feel I need to explain something that may or may not be true. It made sense to me when it was explained to me so here goes:
The General fund is where the judicial agencies get their pay, perks and all the extras. The judge gets "perks", extra vacation, extra insurance, bonus, or whatever, and the amount depends on how many people are conserved in his court. It goes like this, lawyer conserves elder, judge says "OK", public guardian or private fiduciary takes over the care using this attorney to represent them. The guardian or fiduciary depletes the estate as fast as possible and continues to appear in front of this judge.(continuances!) More money made by all. The end intended result is the estate is gone, elder is put on public assistance, draining more from the "General Fund" so at the end of the fiscal year, the state requests and receives more money from the Federal Government and all involved is financially rewarded. That is the way I heard it works and it sure makes sense as to why all of these people support each other even though they are openly abusing their authority and the elder in the process! I also saw one time, and I wish I would have printed it out, that the District Attorney is restricted by an agreement between probate and criminal cases. The DA can not get involved in Probate procedures because of this agreement. I read that in a government document on line and now I can't find the thing!
Also, I have not found an aging agency that is not as involved as the corrupt guardians, attorneys and fiduciaries that are abusing the elder. They are all in it together, in my opinion and according to what I have found to be. These attorneys refuse to support laws that would actually stop all of this collusion between the agencies. One investigator I spoke with told me it is the District Attorney's office in a small town here in California that he was told doing the conserving and abusing the elders in their county and stealing the estates. That is what brought his attention to the probate problems in the first place. It is almost impossible to stop all of this until we actually find a blatant crime being committed by one of the abusers! I must say they are very good at covering their butts!!
And I do agree that attorneys may be intimidated or threatened if they attempt to expose any of the crimes being committed by these predators!
I get so frustrated just thinking about all of this but I still believe we can make a difference. The main thing in my opinion is to unite and show ourselves in public places. You know, a demonstration of some kind. The local newspaper refuses to hear anything about this subject so that is a waste here in Sacramento.
Anyway, keep up the good work. Someone, somewhere just may listen to us!