Observations Regarding the Adele Chris Act
by Tom Fields
Holly Peffer's efforts to rescue her mother, Rita Denmark, from an abusive guardianship in Florida prompted PA Congressman Sestak to write several letters like that posted online at
http://elder-abuse-cyberray.blogspot.com/2010/05/letter-from-congressman-sestak-to.html
Now a hearing on the matter is scheduled for Friday, October 8, 2010 at 2:30 P.M. at the McKean County Pennsylvania Orphan's Court. I don't know how this hearing in PA can compel Florida to return Rita to PA, but let's all show Holly our support and send the state of Florida a message that it needs to hear loud and clear.
Meanwhile, everyone needs to realize that despite the efforts of numerous others, including Joe Roubicek, John Caravella and Congressman Sestak, opportunists in Florida are still able to take advantage of the elderly. With this in mind, I applaud the effort of John Caravella and others to address the need for federal legislation. What I now ask is that everyone join in to make sure that the proposed legislation, the Adele Chris Act, does not let us down. For example, as I've observed for those who communicate directly with me, this legislation still needs to establish a sound evidentiary threshold that must be met before the petitioner can be granted standing. Without such a threshold, we will still be vulnerable to those who would compel us, against our will, to undergo and pay for evaluations and hearings. Without such a threshold, some members of the Bar will take advantage of this legislation so as to initiate even more lucrative jury trials. Personally, I am wary of any legislation which the Bar and/or Judiciary supports. I have seen the Bar and Judiciary advocate too much harmful legislation and oppose too many efforts to legislate reasonable safeguards against legal abuse.
4 comments:
How does a PA court hearing compel Florida ---- it goes like this ...
PA was Rita Denmark's domicile and legal residence.... Ipso facto ---Florida has no subject matter jurisdiction and their proceedings are void ab initio and incapable of ratification.
Holly had commenced guardianship proceedings in PA when he mom was secreted to Florida where a team oof attys went to work committing extrinsic fraud and fraud upon the court ....
Surely Florida does not have to be compelled by a PA court order --- but the PA court order can be enforced by a federal court action ---- and we all remember Elian Gonzolez the little Cuban boy from the Janet Reno days .....
There is more to the legal strategy in this case ... but this is no place to write a legal brief so let me just say ..... watch this one close .... it is going to prove very interesting
also I am not so sure changing the "standing" issue is a good idea.
I would rather see legislation that excludes the estate from being subjected to fees --- think about it this way .... who in law can impose a unilateral contract on another?? Stated otherwise, as a matter of equal protection, why is it that when adjudicating to a child ward ..... the state pays.
Also --- three judge panels would keep the egos and fraud in check ... as it is today, no checks and balances only one judge who is also jury and executioner.
Getta Getty give back Holly's mother. Shame on you. Rita deserves to come home and end her golden years in the state and town she is famialr and lived her whole life in. How dare you. She wants to come home and has expressed so.
How can you treat another human isolating her from her duaghter. I feel for Holly not being able to visit her own mother. You are one sick guardian and person and need to be locked up.
The state of Florida DO THE RIGHT THING AND RETURN RITA DENMARK HOME. There is no question the judge in Florida has been hood winked.
I am the person who testified before the House Judiciary Subcommittee on Crime Terrorism and Homeland Security and I can assure you that no one at that hearing "requested" a model law be submitted. The Committee did in fact make requests for additional information by way of written questions to me as a witness and one of these questions did include suggestion for language for legislation. This was submitted to the committee along with the rest of the information requested.
Incidentally the author names his proposed law after two characters in a book that he is selling.
Nevertheless the "document" is far from what is needed. It does not address many of the problems with guardianships.
L. Ring
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