Letters to Editor:From Bad to Worst to Worser

Hello Ray;

Bad to worst to worser, soul crushing. I wish it were last year when I was 10 years younger. Remember me? I don't. Last year at this time, my sister (gag reaction) petitioned for guardianship of our mother, a capable woman, enjoying the first anniversary of her retirement. The night before I arrived from Florida to visit her, she suffered an almost fatal Head Trauma and lapsed into a coma. She survived, rehabilitated, and agreed to try an assisted living with no commitment, before deciding if she would rather return to her home with assistance, or relocate to the assisted living, Jefferson's Ferry Life Care community in South Setauket NY. Haldol was administered at high levels before the Incapacity Tests were administered. Before we knew it, mom was a prisoner.

Her lawyer was appointed by the judge, who is Vice President of the NY Bar Association. Adjunct Professor of the Tauro Law School Pro- Bono Dept., who the Suffolk County Dept. of the Aging now contracts with for free legal services for the county's Seniors, instead of Legal Aide. My sister's $400 an hour attorney was paid out of mom's money as allowed in NYS Mental Hygiene Law Article 81 under which this travesty proceeded.

Being of the same personal financial status as my sister, unable to pay an attorney myself, and being frozen out by both attorney's, I cross-petitioned pro se'. Arguing the co-incidence of the Haldol and the date of the Incompetence Test. Offering documentation that mom, with a heart condition, should not be on Haldol, or at least, the smallest effective dosage as stated by the AMA. Objecting that mom did not receive the physical Therapy ordered in her release papers from the Rehabilitation. Cross examining and prevailing over a mis-statement submitted to the court about mom's required level of care, and ensuing mis-billing. Now spell check caught those words, but the judge used them to deny perjury and fraud.

We may finally have come to the truth of the matter, when I cross examined the petitioner's testimony that mom was not a Madoff Victim, as I had implied to the court. I asked if mom had an account with First Allied Securities. The attorney screamed object, the judge yelled sustained. I said why? The judge said sustained. I looked around the closed court and realized, it would never show up on the transcript and there's nothing I could do about it. Yeah, the court examiner was there, but he's the President of the Nassau County Bar, and if he and the judge didn't see anything wrong with the deaf mute sitting in the defense attorney's chair, why would this be wrong?

I made it the SEC's problem. I just wanted them to verify the documents I found to substantiate the Madoff victim claim, back in July. Well if it took them 8 years from being informed that Madoff was a Ponzi, how long will I wait? I called last week, September 21st, and they're investigating. I investigated, I needed verification. I went on the SEC's 606 rules of routing disclosure and found FAS, a diversified entity, one third funded by Madoff Securities. I sent a copy of mom's receipt from FAS. Yes or No? Is it hopeless? Does anyone care that the petitioner became unemployed when her investment layer boss of 25 years closed his office the week Madoff became public, and mom received her Head Trauma? Will the Office of Federal Thrift, which oversees Federal banks, confirm if mom was receiving monthly direct deposit from FAS until December 2008 when Madoffs Assets were frozen? Is there something else I can do?

Labor Day Weekend I got a short brutal message from the petitioner, who has not communicated with me since she petitioned. It said mom had fallen out of her wheelchair and was at Stony Brook Hospital. I had to explain to the doctor that mom's Health Proxy does not speak to me, we're in court. The doctor said mom sustained no apparent injury from the fall, but that they found multiple blood clots in her chest. They don't really know what's causing them, but they think it might be her pace maker. They put her on blood thinners, to hopefully clear the clots. The doctor found mom to be in need of some physical therapy, which she would prescribe. I told her, I already complained about that to no avail The doctor said that for some reason mom didn't want to take the blood thinners back at the assisted living. She implied mom might be wrong in the head. I asked the doctor if the Health Proxy had informed her that mom had a massive Head Trauma and coma two years ago with severe inter-cranial bleeding? She had not. Would the blood thinners effect that? It was written down. I explained that this is the third injury mom suffered at this facility, once a bruise to the spot of the original trauma, and once when a worker ran into her with his cart, raising a bump, to the same spot. Mom is afraid there and knows she will bleed to death twice as fast if she's injured again. Does that sound crazy? Mom was returned to the facility on blood thinners anyway.

I'm on my way back to the hospital today because a friend e-mailed me an alert from the FDA that Haldol effectively, causes blood clots in the chest. There's your answer doctor. I'll drop one off with the director of the facility, and the in house doctor, who prescribes it for virtually all residents too. If they have to stop administering it, the zombies will wake up.

I don't expect any fairness, or justice or concern, even from people who get paid to administer it. You can print this anywhere without fear, because I can prove it all and more. But I expect all I can do is continue to be there for mom so that she doesn't fight alone, and share in her horror.

Maryann Destefano