Guardianship FAQs

-by- Angela V. Woodhull, Ph.D. © 2011, AV Woodhull

At least every couple of weeks, I receive a frantic call from a predatory guardianship victim—hoping, somehow, that I will have an answer for him or her.

Each time I receive one of these calls, I am torn up for hours afterwards.

I literally cry.

I have no answers for you. I am simply 100 yards down the road watching you walk the same path I/We have already walked.

Today was one such day. I spoke to the grandson of an 89-year-old woman who is being held hostage in a dungeon they call a nursing home.

She was removed from her grandson’s lovely home--based upon a false allegation. And even though he was cleared of all the allegations, a guardianship was commenced and continues.

That’s it. An allegation. I have stated before that these allegations need not be true.

The grandson wants only the best for his grandmother.

“Can I at least get the guardian to put her in a nicer nursing home?”

My answer to him: Probably not.

“Why not?”

Because the Guardianship Mafia is not about taking care of your grandmother. It’s about converting her money into attorneys’ fees.

“But I have a power of attorney! I’m the designated pre-need guardian! There’s Florida case law on this! I’m the one who’s supposed to be the guardian!! When will I be appointed the guardian so that my grandmother can come back home?”

My answer to him: When all of your grandmother’s money has been spent.

“But she has more than $400,000.00! They can’t spend all that!”

My answer to him: Yes, most of that $400,000.00 will be converted to
attorney’s fees—in less time than you can imagine.

“You’ve got to be kidding me! This can’t be real!!!”


My answer to him: [No answer. He is adjusting (or not adjusting) to the reality of the situation—something all guardianship victims have to go through.]

“What about the FBI! I’m going to call the FBI!!!”

My answer to him: Yes, we’ve all called the FBI.

“And what did they do?! This is so wrong! This is outrageous!”

Have you ever watched an accident in progress?

Seven years ago, I was part of an accident in progress. I came upon
black ice on the interstate and my brakes would not engage. As my vehicle
approached the accident scene, there was no way to stop the inevitable.

I was about to crash into Car Number Six and I was about to break my right leg in eight places.

There was no way to stop this reality.

The next time I receive a call from a victim, I will continue, as usual, to listen patiently.

I will empathize with you.

However, I cannot solve your situation.

I already know your questions, so here are the answers:

Q: Can you recommend a “good” attorney who will make this unnecessary guardianship stop?

A: No. There is no such thing as a “good attorney” who wants to end the nightmare that has been created for you and your loved one. All attorneys are paid out of the “ward’s” assets. This is like asking an oil company to stop drilling for oil. The only way an oil corporation will stop drilling for oil (in a particular area) is when they are certain that all the oil in that area has been depleted. Likewise, attorneys will stop the proceedings when all of your loved one’s money has been converted to attorneys’ fees.

Q. What government agency can I contact to make this unnecessary guardianship stop? It is so wrong!

A. There is no government agency who will listen to you. Your predecessors (i.e., fellow guardianship victims) have already called every government agency imaginable. Here’s a partial list of (government as well as non-government) agencies that have been already contacted on multiple occasions by a plethora of guardianship victims while your loved one is being held hostage in a marginal nursing home, overmedicated, and all of his or her money is being spent on attorneys’ fees:

--State Guardianship Offices
--National Guardianship Association
--Federal Bureau of Investigation
--State legislators
--Local Police
--Elder Abuse Hotline
--Agency for Health Care Administration
--Local Sheriffs Departments
--State Police
--Government Accountability Office
--State senators
--AARP
--ACTEC
--State attorneys offices
--Governors’ offices
--County attorneys offices
--Department of Children and Families
--Medicare/Medicaid Fraud Hotline
--Metropolitan Bureau of Investigation
--President Obama
--Government Accountability Office
--Judicial Qualification Commissions
--American Bar Association
--Local Bar Associations
--The Media (i.e., 20/20, 60 Minutes, 48 Hours, local news channels, local news papers, national news papers, Oprah, Dr. Phil, etc., etc., etc.)
--Your congressman

(I, personally, can put a check mark next to each and all of the above. Most of us who are outspoken guardianship reform advocates have done the same—or even more.)

Q)But they accused me of things that are absolutely NOT TRUE!

A)Yes, I know that.

Q)When I prove that the allegations of financial exploitation are untrue, they’ll have to stop the guardianship, right?

A)No. They will continue asserting the false allegations and use it to continue the guardianship—even after you have proved your innocence. They will continue to say it is true—even if it’s not true.

Q)Well, I just don’t believe you. This is too preposterous to believe. I’m going to count on my attorney getting something done!

A)Okay. That’s fine. I’m sure I’ll be hearing back from you sometime in the near future—and thousands of dollars later.

Q)Then what should I do?

A)Join fellow/sister guardianship victims. Stop wasting your money on attorneys who are fighting the fight with local judges and courts of appeal. This is a NO WIN situation. The local judges and courts of appeal will gain you nothing except an empty bank account. There are three things we, as a group, are doing: (1) fighting for legislative reform, (2) speaking up and out—the more people you educate, the less likely the guardian and her attorneys will be able to do this, (the creation of websites are a good thing—expose the guardian, the judge, and the attorneys involved on the internet) (3) save what little money you have left and join us in a class action federal RICO lawsuit.

Q)But I really am innocent!

A)Yes, I know, and there’s a law enforcer who gives seminars to fellow police officers on “signs to look for” of people who are guilty of financial exploitation of the elderly. One of the “signs” is someone who says they are innocent. So, the more you say you are innocent to law enforcement, they will see this as a “red flag” of guilt. They are also taught in the seminar that elder exploiters always say, “But my relative REALLY IS mentally competent!” By saying this, you are “proving” you are guilty!

Q)But my relative REALLY IS mentally competent!

A)Yes! I believe you!!! But by the time the guardian and her attorneys are done with your loved one, he or she REALLY WILL BE “mentally incapacitated.” There are drugs that mimic dementia.

Q)But I was given a Power of Attorney!

A)Ah! More evidence of guilt! Anyone with a “power of attorney” is viewed as a manipulator and exploiter of the elderly!

Q)That makes no sense at all! What was my loved one supposed to do to protect herself and her assets if she didn’t give me such authority? She was trying to protect herself from the Bad Relatives!

A) Yes, I know that. But in the Guardianship Game, the Predatory Relatives become the Good Guys who team up with the Predatory Guardian and her attorneys, and, typically, the people who have been doing the most, (sacrificing their time and their life) are portrayed as the “Evil Ones.”

Q)So, when will this nightmare end??

A)I already answered that: When all the money has been spent/converted into
attorneys’ fees.*

*Exact quote of Attorney “Reverend” Anthony Nardella (attorney for “professional” “guardian” Rebecca “Fierle”) when we were leaving the courthouse after my mother was declared “100% mentally incompetent”—even though the video tapes we showed the judge showed just the opposite and the judge even stated, “I almost said the opposite” when asked if Louise A. Falvo is mentally incompetent.

As I passed “Reverend” Attorney Nardella, I said to him, “You are disgusting.”

He chuckled and replied, “We’re not finished with you yet.”

Angela Woodhull can be reached at :chachaangelina@yahoo.com

Elder Neglect Cases Largely Self-Inflicted

by Ray Fernandez

I woke up this morning to this News release on the media news wire: News
Sok.Com , this was a mind boggling revelation, here I have been documenting elder abuse for years only to find that we been imaging this all along! and that Elder abuse is self inflicted and mainly caused by close relatives, I do reckon we been going after the wrong people all along we should be going after the close relatives, and the elders themselves....

Perhaps that is why legislation to help elders gets bogged down because our elected representatives know that we are a bunch of malcontents, who cry in our soup when the government in order to protect our elders from ourselves take them away and put them in nursing homes to be taken care of by professionals.

That also explains why our legacy is confiscated to be handled by others/professional guardians who know best how to handle our families legacy...

It's all very clear now, I know why restraining orders are necessary to protect our parents from us it is because we are monsters....

Unfortunately for us and our parents our handlers, government agencies,
will not allocate the resources or have the political will and or intelligence to want to differentiate the good guys from the bad guys, so it's much more expedient to lump us all together, this explains why a criminal has more rights than an elder and or their family in a court proceeding...

We are all guilty! Why should elder victims or their family have any rights? We are all guilty as sin! Oh my what a revelation! This is Huge!

False Complaints and the Florida Dept of Children and Families

On this Editorial for ElderAbuseHelp.Org I will quote an article By news-press.com Originally posted on February 09, 2007

"Floridians worried that a child or older adult is being abused can now report it online.
To report suspected abuse or neglect, go to the Web site of The Florida Department of Children and Families, www.dcf.state.fl.us/abuse/report.

Last year, there were about 348,000 abuse claims reported across the state.
In Lee County, there were 5,400 hot line calls.

The Web and phone system can be used to report concerns of abuse or neglect unless a child, elder, or person with disabilities is in immediate danger. In that case, call 911.A fax number, 800-914-0004, and a TDD number, 800-453-5145, for the deaf, hard of hearing or speech impaired are available to report abuse ".

We applaud any step in the right direction to make Elder Abuse reporting more accessible to complainants .

The DCF of Florida needs to have the ability to quickly differentiate between the perpetrators and the victims as time is of the essense with these cases. This is not always easy as Elder Abusers are shrewd and "the testator, misled by fraud, will often do so with pleasure and satisfaction.." - Dr. Irwin Perry M.D. J.D.

"An example of fraud is the situation where one influences a testator that another relative has stirred up trouble." - Irwin Perry M.D. J.D.

Florida Statutes 415.102 states :

(9) "False report" means a report of abuse, neglect, or exploitation of a vulnerable adult to the central abuse hot line which is not true and is maliciously made for the purpose of:

(a) Harassing, embarrassing, or harming another person;
(b) Personal financial gain for the reporting person;
(c) Acquiring custody of a vulnerable adult; or
(d) Personal benefit for the reporting person in any other private dispute involving a vulnerable adult.

The Division of Children and Families , and the Department of Elder affairs needs to have the resolve to have the provisions of Chapter 415.102 enforced and to develop a zero tolerance on Elder Abuse, this with the ability to move quickly to sort out the perpetrator from the victims will go a long ways in protecting our elders in the future.

Please email the DCF of Florida and express your own opinions and suggestions.
Their Communication contact list- The DCF Office of Communications contact list

By Ray Fernandez

Investigative Reporters BEWARE a Sad Day for America!

By Ray Fernandez

In the age of new media when most cell phones are equipped with cameras and video that can turn a regular citizen into an investigative reporter that can be posted on media sites such as YouTube and made available to millions of viewers government has a right to be worried when citizens try to shine a light in the behavior of public servants who are paid with your tax dollars.

Rudy writes

"I am refused court access and threatened if I try to appeal by more court punishment since I was denied access (standing) the last time and I could not pay the $23,000 fine for thinking I have an interest in either my mother or her house, our home. The more we try to bring the truth out the more we are punished for it."

In the recent Gulf Oil disaster Reporters were threatened with arrest. News stories were yanked. Scientific reports buried. And data from the NOAA research vessel—initially sent to the region to take readings of the seafloor—was suppressed and YouTube videos were posted of reporters attempting to talk to workers who where forbidden to do so.

Most elder victims of elder abuse I have talked to are very afraid to talk about the abuse because of retribution,backlash,ridicule and intimidation they receive when attempting to report elder financial or elder abuse and when my own mother attempted to file a report for abuse she was ridiculed, the officer that took the report discredited her because "her hand was shaking when she signed the report" and "there was no signs of abuse" Ps. she was in a wheelchair where she was walking on her own power before the abuse took place, this is the protection you can expect from your law enforcement officials if the system is not reformed.

Others like 25 year old Anthony Graber who tried to report abuse are not so lucky. Graber, a sergeant with the Maryland Air National Guard, is now facing 16 years in prison, not for dangerous driving, but for a YouTube video he posted after receiving a speeding ticket.

Just like many of us who were pushed into elder advocacy when our loves one were abused, Graber never thought himself being an advocate for accountability.

According to the report the video, filmed with a camera mounted on Graber's motorcycle helmet designed to record biking stunts rather than police abuse, shows a plain clothes officer jumping out of an unmarked car and pointing a pistol at the motorcyclist exposing the officer's abusive attitude and putting the citizen's life in danger when he sworn an oath to protect the very same.

After he posted the video on YouTube, police raided Graber's home, seized computers and put him in jail.

Investigative reporters, whether professional or just a common citizen with a cam face a grim future if caught video taping or reporting abuse of any type wether it is grandma getting tazered or a *citizen getting beat in the street by police officials.

It is interesting that the attorney David Rocah representing Graber said "The case is critical to the protection of democracy because I don't think you can have a free country in which public officials are able to criminally prosecute people who film what they are doing."

Graber who had never been arrested before,is being charged with illegal wiretapping and could face 16 years in jail.

"This is about shielding the policeman, a public servant, from journalistic scrutiny," Steve Rendall, a media analyst with Freedom and Accuracy in Reporting (FAIR), said. But don't expect to read the story on your local media as they are hard pressed to report on elder abuse or other sensitive topics.

I think that we can all agree on is public officers - public officials tasked with protecting the public interest - should not be able to hide behind such rules to avoid scrutiny.

Supporters of abusive behavior will argue privacy laws" but it is interesting to note that you can't walk through Washington Square [a public space in New York] without being recorded by dozens of video cameras run by the police." One might be tempted to ask, "What happens to our privacy then?"

In 2007, police in Florida arrested Carlos Miller, after the journalist photographed the arrest of a woman.The arrest prompted the reporter to start the blog Photography is Not a Crime where he has documented more than eight similar incidents.

Of course we all know just ask Investigative Reporter Janet Phelan, that it is all about intimidation,the ruining of lives and reputations and the silencing of a citizens G-d given right about speaking out against perceived abuses, a sad day for America indeed!

The case that comes to mind as an example of a citizen journalist filming police was arguably the case of Rodney King, a black man in Los Angeles who was assaulted by several police officers. His beating was filmed by a citizen standing at a nearby gas station.

Without video evidence, King, a convicted felon, may have stood little chance testifying against police officers in court.

If you want more information on this story just do a Google search on Anthony Graber

*Denver police officers were caught on video tackling and beating a 23-year-old man who was doing nothing but talking on a telephone.

A Christmas Prayer

Tis the season to be with family and be thankful for all the blessings bestowed upon us.

At this time there are many cross currents that are pulling at us from all different direction many suffer from PSTD some from the war abroad and some from the war from within.

All in all we have to be thankful that we are still able to voice our opinions and be with our loved ones this season.

Those that are overseas fighting our prayers go out that you might return safely home, and those in exile we pray that you might be able to return home.

Close the door of hate and open the door of love all over the world. Let kindness come with every gift and good desires with every greeting. Deliver us from evil by the blessing which Christ brings, and teach us to be merry with clear hearts.

God Bless

The Editor

Lobster Rescued; Elders Abused Exploited, Kidnapped & Murdered

by Irene A. Masiello

George, the lobster, age 140, was rescued from a lobster tank in an upscale NYC restaurant on Jan. 10, 2009 by the People for the Ethical Treatment of Animals (PETA) reported the Associated Press. Acting on a tip, incredibly, PETA was able to save this crustacean from being executed to pamper a palette.

For the last 7 years, after the death of my father via elder abuse, neglect and exploitation, I have been an advocate for awareness about elder abuse and its many hideous “faces.” I am stymied by the lack of concern, compassion and action in combating this terrible social ill that’s costing countless lives.

Though I am an animal lover myself, I was awed by the outrage of Americans at NFL’s Michael Vick for arranging and betting on dog fighting and people rushing to save a lobster when one-in-six seniors or more will be victims of some form of elder abuse.

Other social causes have made real progress. PETA can rescue a lobster and return it to the safety of the waters offshore Maine. MADD (Mother’s Against Drunk Drivers) has changed the laws of the land regarding drinking and driving. John Walsh, while courageous bearing the horrific pain of losing his little boy, took action and succeeded in revamping our laws regarding exploited and missing kids.

Yet, families of murdered, exploited and abused seniors who have suffered tragic losses have failed to awaken the consciousness of this country. While the elderly cannot picket, march in Washington, D.C., boycott or hold a rally, might we, the families of the victims, myself included, be dropping “the ball?”

Since my book, Paradise Costs—A Victim’s Daughter Fights Back against Elder Abuse, was released, I have heard from many. I have learned that everyone sees elder abuse from their own map of the world with many claiming to be victims.

Before elder abuse literally struck home, I was a transformational and holistic counselor. Through that work, I have come to recognize there are few problems but rather challenges to creativity. Therefore, from a personal perspective, I will not embrace the world of victimhood. My father was the victim and he “died” as a result of a not so mysterious sequence of events that are documented in my book which contains my dad’s forensic report.

Many of those who write and, rightfully so, are angry however I believe mustering cou-RAGE, channeling it into action and championing this cause using in-SPIRIT-ion. To me, information is power and, therefore, I seek to em-POWER.

Whether our loved ones have been victimized by guardianship or conservatorship abuse, actual physical abuse, exploitation, neglect, medical, pharmaceutical or legal malfeasance, the result is the same—a beloved person has been deprived of their right to life.

Let’s think bigger picture. Let’s redefine elder abuse in its broadest sense and turn to Amnesty International: “The Universal Declaration of Human Rights (UDHR) is the foundation of the international system of protection for human rights. It was adopted by the United Nations General Assembly on December 10th, 1948.

“Human rights are basic rights and freedoms that all people are entitled to regardless of nationality, sex, national or ethnic origin, race, religion, language, or other status.
“Human rights include civil and political rights, such as the right to life, liberty…economic rights including the right… the right to food…Human rights are protected and upheld by international and national laws and treaties.”
With the above in mind, it seems clear, elder abuse, in whatever form it takes is, obviously, a violation of human rights. In my opinion, so long as we are separatists in approach and calling elder abuse by one of its many names, we take away from our underlying social mantra and our aspiration to STOP ALL ELDER ABUSE NOW.

Might it would serve everyone’s best interest, especially our seniors, if we borrow a phrase from Ben Franklin, “Let’s all hang together, or most assuredly we shall all hang separately?”

So long as a single senior citizen anywhere in this nation does not evoke the action taken by PETA to protect the life of George the lobster, no person in this country is safe. So long as we stand apart, we will never do what MADD has done.

It is in keeping with the spirit of oneness, I want to invite everyone to turn your cou-RAGE into action.
We must put our experience and anger to work, we need to re-define the litany of horrific abuses against our family members as violation of human rights and re-introduce the words, “ELDER ABUSE,” as an umbrella phrase covering:

*elder abuse
*elder exploitation
*elder neglect
*guardianship abuse
*conservatorship abuse
*undue influence (mentally, emotionally, physically by anyone, e.g.: family, lawyers, probate courts, social services, etc.)
*medical, pharmacological and legal malfeasance
breech of fiduciary duty
*any of the above that shortens life and wellness
*any of the above where cognitive ability is impaired or there is diminishing capacity (visual, mobility, hearing, nutritional infirmities, mental infirmities, intellectual impairment, sensory or social deprivation, etc)
*in cases were elders sign documents they are unable to understand and/or EXPLAIN the ramifications of
*power of attorney exploitation
*any action or inaction by any person including family members and professionals that impacts longevity when the elder has specified their wish to live as long as possible.

(please e-mail me if you have additional suggestions for the above list at irenemasiello@msn.com)

I am requesting, starting immediately, that volunteers unite with a common plea. Let’s stop elder abuse in all forms. Let’s get organized, let’s spread the word that none of us will tolerate members of our families being denied their human rights.

Remember: President Obama has asked this nation to serve in some capacity and, perhaps, our path to service has been defined by what we have experienced. And while speaking about our president, lets remember what Rosa Parks did in Alabama when she stood her ground and took her rightful place on a bus. Let's let the Civil Rights movement, MADD, PETA, ACT-UP, John Walsh and others be a template and inspiration to us.

Please, those who have Internet skills, watch TV, listen to the radio or simply cruise the net start data collection on any of the above. At least one volunteer from each U.S. state is needed to serve as “state captain” and another to serve as “state lieutenant.” Perhaps, military phrases may be seen offensive, however, you bet this is a war…let’s remember the casualties; let’s not let our losses be in vain.

For us, who are still standing, we aren’t victims YET. However, remember the statistics. Think about the faltering economy. The vulnerable elderly will be at the greatest risk to deviants and predators. And too many of us we will be, as well, when the expected 15 million victims plus of “elder abuse” manifests in the baby-boomer generation.

Choice time:

Are you part of the problem?

Okay, just keep calling your self a victim and lamenting. Nothing changes if nothing changes.

Are you part of the solution?

If PETA can act on a tip and save a 140-year old lobster in NYC…what can we do together to save our beloved elders and ourselves?

Please contact me at Rage_in_Action_Now@rocketmail.com for more details (or to add to the above list regarding redefining elder abuse) about an effort to organize, collect data, spread knowledge and em-POWER ourselves and STOP ALL ELDER ABUSE NOW.

Irene A. Masiello is a certified: CORE/transformational & holistic counselor, stress management consultant and adult educator. She is author of PARADISE COSTS—A Victim’s Daughter Fights Back Against Elder Abuse, afterword by Rabbi Bennett Blum, MD. Dr. Blum and Ms. Masiello are Members of the Elder Justice Coalition. Lists of red flags of abuse, exploitation and neglect as well as high risk seniors are available for your publication. ©Copyright, January 2009, Irene A. Masiello-all rights reserved. Permission is granted to reprint the above article, however, do not separate the tag lines or copy right from the article.

Thank you.
Irene A. Masiello Author: Paradise Costs
A Victim's Daughter Fights Back Against Elder Abuse
Afterword by: Bennett Blum, M.D.

www.ParadiseCosts.com
Contact: 718.776.5644

Letter from the Editor of E.A.

by Ray Fernandez

Recently I have gotten many letters and phone calls from people that are concerned because my on line presence has been spotty.

As many of you know when my Dad suffered a stroke in 1999 his wife Clara G. Fernandez, 87 yr old wife of Dr. A.J.Fernandez for 58 years was removed from her home without the benefit of a court order or any thing resembling one , recognizing that when a middle class citizen goes to jail for a bag of pot he gets fined, the bailsman , attorneys, jails gets business and everyone makes money but when an elder gets abused there is simply no money to be made unless the elder is committed so the authorities do the old "Shoulder Shrug."and send you down the road to the folks that do the committing.

We turned to Florida Division of Children and Families who said that in order to Dr. Fernandez to ever see his wife again a Guardianship was needed so we filed for one, little did we know that the guardianship nightmare would take four years of full time fighting to free our mother from the tyrannical hold of those that seek to control us and profit from every aspect of our private lives.

In an effort to protect those without a voice who were being victimized twice . First by financial abuse by the criminals that committed these crimes and then by the authorities in charge of protecting our elders that had not responded to these victims as they needed to, this led to four hard years of endless court hearings during which my mother's estate was billed down to zero, the guardian's attorney first order of the day was to declare war on the "Ward's family and vilify them through insinuations and false accusations.


Special thank you goes out to Judge David J. Audlin who once he realized he had been mislead by trusted 'Officers of the Court" who mis represented the quality of care Clara was receiving in order to prolong the Guardianship even after her assets had been depleted, Judge Audlin had the wisdom to return our mother back to us.

Now that I no longer have to fight the tyrannical over reach of the State into our private lives I have activated my Real Estate Broker License which is a full time job along with working the financial markets, and as a Certified General Contractor jump starting projects that were previously put on hold. Having three (3) full time jobs to make up for lost time and income leaves little time for dallying.

I also want to especially thank attorney Adrian P. Thomas who when everything seem lost never gave up and when my father , Dr. Fernandez said to me " Ray I want to see my wife again, I don't care if you have to spend every dollar I ever made" made this dying man's wish come true.

Also want to thank attorney Samuel Kaufman and all others who worked to free my mother and re establish her most basic of civil rights , the right to travel, the right to her social security income, the right to dental and medical care, right to decide whom and were she want to be with and generally rights that were denied her during the guardianship period re- established .

Elders and Third World Countries

Recently the state mandated the closure of our only elder care facility here in Key West, Florida due to allegations and substandard care. In such a rich county where tourist dollars roll in un abated we wondered how the poorer third world country were doing with such a delicate task and did an in depth investigation into elder care in a third world country facility . We brought video camera, notebook and interviewed staff members as as well as resident members.

Why Americans Need Guardians

by Ray Fernandez

According to studies the nation's school children over the last 30 years proportion of children reading below the basic level has hovered around 35% with 70% never attain reading proficiency (NAEP, 2007). This translates into adults go into midlife poorly equipped to take care of their parents or make crucial; decisions for them.

According to study by the National Guardianship Association, titled "Emerging Trends , The Relative Are Restless" Download here=>> Document.pdf by Terry Hammond, Executive Director and Steven D. Fields and presented to the 16th Annual Probate Bar is clear on this.

"there is something wrong with the relatives who are willing to serve."

Yes, the inferences from reading the report is that there is something wrong with the American public, they are dysfunctional, ungrateful, and disgruntled and by default totally un-qualified to take care of their parents.

The report makes it clear that there are Laws that prohibits anyone taking care of their parents that "are felons; those indebted to proposed wards; those involved in lawsuits with proposed wards; those asserting adverse claims to proposed wards; or those whose conduct is notoriously bad."

Any one who grew up with parents know that we will always be indebted to them for everything they did for us, bought us that first car, sent us to school, I bet most of you never paid your parents back! the laws are clear on this anyone indebted to their parents can not take care of them!

Furthermore anyone whose conduct is bad is also excluded! and all of you are guilty of this, just ask your parents guardian!

Unlike the majority of the American public, attorneys are highly trained and educated and hence better qualified to take of Americans as they age, they are better qualified to read medicine labels, discuss with the doctors which drugs are better to keep them docile and overall decide on which Medical treatments and or Nursing Homes are better for them.

Guardian attorneys know that you are not qualified to pay their bills, that's why they must do it for you ! Guardian attorneys take time away from practicing lucrative law practices to take care of your old senile folks, spending time taking care of old decrepit people is not what attorneys went to law school for, so the American public should not complaint when they serve as Guardians and protect these old folks from people like you.

The report also brings out "State laws, however, don't prohibit these same disqualified relatives from griping about everything the professional guardian does or charges to "their loved one" and "their expected inheritance." Maybe they should perhaps we could band together and help the NGA lobby for laws that prohibit these "disqualified relatives" from gripping about seeing your parents legacy being whittled down to nothing in legal fees.

These highly educated folks, oftentimes have had to take psychology courses in school and they know well that the "disqualified relatives" are often motivated to protect an "Inheritance" that they ill deserve.

These ungrateful folks often think that because they stood by their parents through health and through illness, through good times and through hard times that they deserve their inheritance more than the professional guardians who went to years of grueling superior studies. It just isn't so.

So come on people give Guardian attorneys a break, don't expect them to work for nothing in these tough economic times doing these un appreciated tasks, in Clara's G. Fernandez case the guardian fee was $400/hr. for things like "reviewing Clara's travel plans" leaving messages on her dysfunctional family ans. machine and don't forget the Guardian's attorney, every Guardian must have an attorney, even if he is an attorney himself. Guardian =$400+Guardian's attorney$450.hr = 850/hr

So stop griping, you don't have any right to complaint what so ever, you are completely out of place, be grateful that the guardians allow you to see your parents at all, and if you get anything that's left over from their inheritance see it as a plus, because you really don't deserve to get anything at all.

Write Terry Hammond Executive Director of the National Guardianship Association here >> ngaexecutivedirector@guardianship.org
and Steven D. Fields NGA President =>> ngapresident@guardianship.org
and let them know that we are not all unappreciative of the humane work they are doing for the American people and that you are proud that the NGA is successful in turning negative guardianship publicity articles around.

2009 A Guardian for Every Old American

The Overdosing of Our Elders

Written by Ray Fernandez , Editor of ElderAbuseHelp.Org for Agis resources for caregivers

A recent article published in the Wall Street Journal entitled Prescription Abuse Seen In U.S. Nursing Homes seems to have taken a lot of people by surprise.

According to the report, it is estimated that 21% of nursing home patients who don’t have psychosis diagnosis are on antipsychotic drugs.

The article goes on to say “In recent years, Medicaid has spent more money on antipsychotic drugs for Americans than on any other class of pharmaceuticals — including antibiotics, AIDS drugs or medicine to treat high-blood pressure.”

In other words, we spend more money on keeping our elders docile.

Christie Teigland, director of informatics research for the New York Association of Homes and Services for the Aging, remarks “You walk into facilities where you see residents slumped over in their wheelchairs, their heads are hanging, and they’re out of it, and that is unacceptable.”

We have to look at the underlying problem - and begin to advocate for change in the laws which are now designed to minimally protect the most vulnerable in our society and generously line the pockets of corporations that have begun to purchase dozens of nursing homes.

According to survey data obtained from CMS and posted on : http://www.memberofthefamily.net/qitrends, a registered nurse spends anywhere from 1/2 an hour to an hour per resident, with a total of 1.5 to 5 hours nursing care supervision per resident. A day has 24 hours - that lives a wide gap, doesn’t it?

“Revulsion against practices such as tying down and sedating disruptive elderly patients led to a landmark federal law in 1987, signed by President Reagan, that sets limits on how and when nursing homes can physically, or chemically restrain a patient. Since then, a rising population of elderly people suffering dementia has entered nursing facilities, many of which have overburdened staff.”

According to the article, nursing homes often find it difficult to balance the demands of caring for certain patients against the pressure to keep staff costs down. The economics of elderly care can work in favor of drugs, because federal insurance programs reimburse more readily for pills than for people.

Rusty W., a registered nurse, comments, “My time has been spent with Dementia/Alzheimer’s patients. . . now I’m involved with the hospice care. This is something that is happening nationwide yet little is done to prevent it. The excuses are shortness of staff and too many patients (yes, the work load is hard especially when you may have 30 on a shift by yourself).”

Sedatives: Manufacturer’s Warning for Elder People Sedatives will cause drowsiness - Avoid other sedatives, sleeping pills, and tranquilizers. They should NOT be taken while using them. Narcotics can increase the sedative’s effects, and can also decrease your breathing rate to the point of unconsciousness or coma. Do not take this drug with any other drugs that might slow the central system down, like another sedative. Only take this drug in small doses if over sixty and with CLOSE monitoring.

Improper dosage or use of sedatives can lead to another serious problem - accidental falls. The consequences of falls to our elder citizens are serious — only about 25 percent of hip fracture patients will make a full recovery; 40 percent will require nursing home admission; 50 percent will be dependent upon a cane or walker; and 20 percent will die within one year. And according to the NCIP, half of all elderly adults hospitalized for hip fracture cannot return home or live independently after the injury. According to the CDC More than one third of adults 65 and older fall each year in the United States (Hornbrook et al. 1994; Hausdorff et al. 2001).

Among older adults, falls are the leading cause of injury deaths. They are also the most common cause of nonfatal injuries and hospital admissions for trauma (CDC 2006). In 2004, 14,900 people 65 and older died from injuries related to unintentional falls; about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized (CDC 2006). The rates of fall-related deaths among older adults rose significantly over the past decade (Stevens 2006).

What Can You Do ?

It is hard to measure how many elder deaths in nursing homes are attributable to falls due to sedative overdosing. Elder deaths in nursing homes are rarely investigated, and this is because according to Catherine C. McNamee, a Social Science Analyst at the National Institute of Justice, in Attitudes Hinder Investigations;

“Researchers also identified a propensity for medical examiners and coroners
to exhibit ageism—a belief that focusing on nursing home deaths was “a waste of their time and resources…because of the poor health status of most nursing home residents… [who] would die anyway.”[8]

As someone who has been personally touched by this tragedy, I can tell you that leaving an elder who has been medicated unsupervised for any length of time is a recipe for disaster.

According to Elder Advocate attorney Maria C. Gallo in Central Florida, “A good psychiatric nurse is worth his weight in gold, he/she knows about medications and why they are needed or not needed. She will be able to identify side effects and interactions with other medications, foods, etc.”

Resources from AGIS.com:

Preventing Falls
Mental & Physical Health
Nursing Homes: Consumer Information

The Domestic Commercialization of Old Age Versus Third World Countries

by Ray Fernandez

I hate to be the bearer of bad news, but I have lived in third world countries for stretches of up to ten years at a time and have done investigations into this and I found that the elders are revered and have more rights as the age. The Stripping of their rights just because they are old or incapacitated seems to be a relatively new phenomenon that's upsetting families and leaving people with a very bad taste as regards the treatment of our loved ones in times of need.

The commercialization of old age and the surge in popularity of warehouses for the old for profit is not seen in many countries. In the D.R. nursing homes that I've visited are subsidised by the state and are free, elders are not slumped over and drugged, outings are planned every weekend, there is no ban or fear of being photographed and investigation into abuses are rare because nuns of various religious orders volunteer to run these nursing homes.

In our parents' case we've been helped with the oversight of Circuit Judge David Audlin, a judge who studied philosophy and history and he has allowed Clara to remain with her loving family, he has allowed her to travel and most recent in a hearing on August 8, 2008 he has taken steps to restore Clara's civil rights. This means Clara's family will soon be able to use her social security income for that for which it was intended instead of it being used to pay for Guardian fees which in the families opinion are exhorbitant, also means that Clara will be able to make decisions as far as she is able to , travel freely, and have a chance to live out her days with dignity and respect.

Unfortunately many of our dear friends and readers are caught in a web of corruption, oversight for profit, and are denied the most basic of all human rights, *'The Right to Take Care of Your Own' we pray for them whose lives have been made a living hell by this system of Guardians for profit and for the good of our society and the survival of our values we can only hope that the sharing of these experiences will lead to meaningful reform.

It is indeed very sad and speaks poorly for our society when more and more Americans are forced to seek asylum in other countries when the most basic of all human rights , "The Right to Remain Together as Family" is denied.

We can only hope that our efforts will result in meaningful reform of the corruption and commercialization of laws intended for the protection of our most vulnerable segment of our population.

* ref the Carla Rae Sindelar story;

Anti-Military Lawyer Damages Marine's Car on Eve of Deployment

NOTE: Jay Grodner pled guilty. An important update is posted here.
This ought to make your blood boil. And this Marine should receive a commendation for not kicking the living crap out of the guy...seriously.

-------------------------------------
Elder Abuse Salutes the men and women in uniform because without their sacrifices we would not enjoy our most valuable possession , the freedom to speak freely and to expose corruption and speak out against injustices, whenever and wherever we see them.

Elder Abuse Salutes the Men and Women at BlackFive.Net

Our Thoughts and Prayers are with You

Doris Denny , all our prayers are with you.

E.A. took your post down because we want to give you the privacy you deserve during these moments.

We are all very private persons, who have been thrust into the spotlight in order to highlight the abuse and exploitation of the elderly that has decimated our elderly population.

Sharon our prayers are with you during this difficult time.

Elders Speak Up, But it Falls On Deaf Ears.

*Elder Abuse in the United States
by Catherine C. McNamee with Mary B. Murphy

*Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America By Richard J. Bonnie, Robert B. Wallace

Elder Justice Only If You Have Very Deep Pockets

by Ray Fernandez

When cases of Elder abuse or Elder financial abuse fall through the cracks it is cause for concern, and to be honest and admit when things aren't working for the benefit of our elders is a way to make it better so that those that come after us can benefit from our experience.

Clara was happily living with her husband for 58 years

Evidence: Sheriff Report Dated 8-23-08 which states:

THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF THIS INTERVIEW. MRS. CLARA FERNANDEZ APPEARED TO BE HAPPY BEING IN HER HOUSE AT 15 WEST CYPRESS, IDENTIFYING THAT SHE AND HER HUSBAND BUILT THIS HOUSE, AND THAT IT HAS MANY MEMORIES.

Sheriff Report #MCSO05OFF007917 dated 8-23-05

in the same report a statement was taken from Clara by the officer:

"I SPOKE WITH MRS. FERNANDEZ, WHO STATED HER SON, A. FERNANDEZ, WAS A BAD PERSON AND HE HAD KEPT HER WITH HIM FOR ALMOST AN ENTIRE YEAR AGAINST HER WILL."

There are still friends of Dr. Fernandez and Clara who knew them well, among these are judges,cops and neighbors who knew them well and knew that they were "The perfect couple".

Judge VonHoff statement;

"The ward, according to certain allegations, was improperly removed from MonroeCounty sometime ago and has now been returned to Monroe County by the Emergency Temporary Guardian appointed by this court and in other words ...the court does not want the ward to be on a string being pulled from one county to another."Judge Gary L. VonHof Circuit Judge Case#502005GA000382XXXXSB 15th Judicial Circuit of Florida for Palm Beach County

Judge Richard Payne

"THIS CAUSE having come before the Court upon the request of Palm Beach County Circuit Judge Gary L. Vonhof and the petition of the emergency temporary guardian to determine residency of the proposed ward, Clara Fernandez, testimony of Clara Fernandez having been heard, argument of counsel for the respective parties having been heard and the Court being otherwise fully advised in the premises, ORDERED AND ADJUDGED that:

I. Proper venue for this action is in Monroe County, Florida because Clara Fernandez is a resident of Monroe County, Florida. " Judge Richard Payne Case# 44-2005-0CP-61-K in the 16th Judicial Circuit Court for Monroe county,Florida

It took a year for Dr. Fernandez to see her wife again at a substantial legal cost involving many attorneys over several counties for these two judges to come to the conclusion that this couple belonged together, the stress created to this couple ( Documented here and Here) caused the premature and unnecessary death of Dr, Fernandez.

Dr. Fernandez became "Over depressed when separated from his wife" Lower Keys Hospital Report" 11-24-2004

Dr. Fernandez's health is quite delicate and should avoid all stressful or confrontational situation"Dr.Elias J.Gerth,MD,FCCM 10-26-2004.

Would you consider dragging Dr. Fernandez through a long drawn out and expensive legal process throughout 4 separate counties, alleging that Mrs. Fernandez does not own her home or live in Monroe County with her husband, stressful.......

It is a well known fact that older people do not transplant well, especially older couples that have been together a long time should not be separated unless there is a good reason the failure to take appropriate action to avoid serious harm to Mrs Fernandez when all agencies that could help were forewarned of the pending danger in taking Mrs Fernandez out of the safety of her especially equipped handicapped home to become a victim of neglect and abuse along with the legal expense and the stress created caused by the forced separation . When Clara was recovered on Agust 5th 2005 the first words out of her mouth were " I was always looking for way to escape."

The legal action that followed precipitated the death of Dr. Fernandez and the spending of all the money left aside for their old age on legal procedures put an end to their golden years together and is a crime that should be carefully analyzed to make sure that the safeguards in place to protect our elders are adequate and does not leave them wide open to predatory practices and years of legal battles, endless court hearings and the wholesale destruction of families.

Now can you imagine those victims that don't have the the money to pay the legal ransom required to get their loved ones back? or to try to get their property back ? What kind of justice can they expect for their loved ones?

Young Elder's Advocate Conducts an Interview with Editor of ElderAbuseHelp.Org

Ms. An Doan is E.A.'s most recent Elder Advocate that is interested in Elder Abuse and the numerous resources available through this site.

Ms. Doan asked to interview the editor of E.A. regarding one of the largest social epidemics of our century that's has spun out of control.

With no one to watch over the people that are supposed to protect our Elders, even 'Guardianship of a Ward' has turned into an orgy of frivolous billing and rubber stamping by the courts. So when the Elder Abuse ends with the perpetrators, it then begins with the courts.

E.A. wanted to know how Ms. Doan came upon ElderAbuseHelp.Org and what had prompted her to ask the editor of E.A. for an interview?

Well, the answer to that question is in the words of Ms. An Doans herself;

"The reason on how I found you to interview is from an answer that I got from Yahoo! Answers when I was asking who may I interview regarding elderly abuse Tabitha Grace Smith from Agis.Com and Agis FamilyCare Groups said I could go and ask Ray, Editor of ElderAbuseHelp.Org .

I'm currently 17 and doing a Senior Quest which is a required long research paper for seniors at El Monte High in order for graduation.

The reason why I'm interested in the topic Elderly Abuse is due to a presentation that I saw from last year from a fellow classmate about elderly abuse. And guess what? That was the first time I ever heard about elderly abuse, and knowing that, I'm sure that not many people know about it too.

It also makes me wonder how come so little people know about it. So I did some studies and found out that not all abusers were convicted and due to lack of evidence, they eventually get away with it.

What breaks my heart is that majority of those abusers are the victim's children. Furthermore, I want to find out what laws there are fighting against elderly abuse. I also volunteer at a retirement home and talk to some staff there, I found out majority of the seniors living there were abused before by their own children. "

Editor - Ms. Doan, we were a little bit surprised that at your age you want to become involved in fighting Elder Abuse, can you tell us what motivates you and what it is you hope to accomplish?

Ms. Doan - As for my family, my parents have always taught me to respect the elders. Though my family grew up in poverty and often struggle with financial problems, my parents had never complain about having to take care of my grandparents. After finding out about all these elderly abuse stories and facts, I'm exposed to a whole new side of life and the world. As a teenager, I know many other teenagers are rebellious and tends to ignore their parents so I want to tell more people about abuses so it'll be less likely to occur once they get older. I mean, our parents gave us life and took the time and love to raise us, we don't abuse them in return.

Editor - Okay, then thank you Ms. Doan, and since this is your interview, feel free to ask the questions that you have prepared for me.

Ms. Doan - Ok, thank you. What is your occupation and where do you work at?

Editor - I am a licenced Real Estate Broker and General Contractor, as well as the Editor of Elderabusehelp.org.

Ms.Doan - What encouraged you to create the elder abuse website?

Editor - I got involved with elder-care when my father ha a stroke in 1999 and my parents asked me to come home and take care of them. They wanted me to take over the responsibility of running the estate that they had built up for our family. After taking care of my parents and their financial affairs for 5 years, my mother was abducted and that was the beginning of what I would understand today as Elder Abuse.
To say that necessity is the mother of invention, after my parents were abused, either intentionally or through the 'Law of un intended consequences' the story of what was reported by the perpetrators was so alien to what really happened that I felt almost an obligation to collect evidence and to tell the truth about how the abuse came about and to warn others so that they would not be susceptible to the same abuse that destroyed our family.

Ms. Doan - What are some of the types of elder abuse that you encounter?

Editor - According to the types of elder maltreatment substantiated by APS neglect accounts for 48.7%, emotional/psychological abuse 35.4%, Financial /Material exploitation 30.2 % , physical abuse accounts for 25.6% and those categories is where the majority of elder abuse falls in.

Keep in mind that for every case of Elder Abuse that is reported there are 5 that you don't hear about, Elder Abuse is one of the most non reported crimes there is, and because a crime of elder abuse is not substantiated, does not mean it did not take place, only that the level of proof required by the state was not sufficiently met.

Ms. Doan - How often does elder abuse occur and mostly where?

Editor - Nursing homes have a dismal record when it comes to providing quality care for our elderly loved ones. For example, almost a third of the nursing homes in the United States were cited for abuse violations during a two–year period (Special Investigations Division, Committee on Government Reform, U.S. House of Representatives)

Often, the elder abuse violations caused actual harm to residents or placed them in immediate threat of death or serious injury. Unfortunately, the elderly do not necessarily fare better in domestic settings.

According to APS reports the largest category of substantiated elder abuse incidents was the adult children of the victims 47.3% . These are sad statistics, unworthy of a society that claims to honor its elders.

They are also only conservative estimates. For every reported incident of Domestic Elder Abuse or neglect, approximately five go unreported, according to the Administration on Aging.
Physical, emotional, simple neglect and abuse of the elderly happens every day.

Ms. Doan - How severe can the abuse get and in what ways are the elder being abused?

Editor - Elder Abuse can come in many ways, while the fastest growing type of abuse is Elder Financial Abuse which doesn't leave bruises and is treated as a civil matter by many law enforcement agencies, it is devastating, many elders do not transplant well, having to lose your home after 30 or 40 years because of being victim to exploitation is devastating and often leads to incapacitation or an early death or both.

According to Burgess, A., and N. Hanrahan; Identifying Forensic Markers in Elder Sexual Abuse, final report submitted to the National Institute of Justice, Washington, D.C. - 2006 .

Because older victims usually have fewer support systems and reserves—physical, psychological, and economic—the impact of abuse and neglect is magnified, and a single incident of mistreatment is more likely to trigger a downward spiral leading to loss of independence, a serious complicating illness, and even death.

Ms. Doan - Do the abusers often get the right punishment from the law that they deserve or there often not enough evidence?

Editor - The problem we are seeing is not lack of the evidence, on the contrary, there is an over abundance of it. Elder Financial Abuse has been called the Crime of the 21st Century , evidence of elder abuse is everywhere, rarely a day goes by where you don't hear of an incident of Elder Abuse. Sentences of Elder Abuse are often suspended , there seems to be an entire industry built up around Elder Financial Abuse, the elderly are often flush with savings and other assets, such as real estate and investments making them the grease that oils the probate courts, scam artists, and opportunists.

There also seems to be not very many consequences for the criminals, who are stealing old people blind.

Ms. Doan - What actions are the government taken to reinforce laws on elder abuse?

Editor - Presently there is the Elder Justice Act that has been languishing in Congress more recently congressmen U.S. Sen. Charles Schumer and State Rep. Marc Corriveau and others are pushing to get this act out of moth balls and into law, this would be a shot in the arm for elder protective agencies and law enforcement agencies everywhere.

Ms. Doan - Would the number of elder abuse decreases if we have federal laws against elder abuse?

Editor - Yes, if Elder Abuse was criminalized and mandatory sentences imposed then criminals would be kept off the streets and would think twice about abusing an elder.
But, "There's certainly a higher penalty for possessing a rock of cocaine in this Nation than for beating up on elderly, bedridden grandparents," Deputy Prosecutor Page Ulrey said.

Homeward Bound and its affiliates have been fined $249,000 for Consumer Protection Law violations. This amount will not be collected, take the example of Albert Bouchard, 47, of Limestone, who pleaded guilty to theft, was sentenced Friday in Aroostook County Superior Court to two years in prison, with all but 30 days suspended.

In contrast actor Tommy Chong gets nine months jail sentence for selling glass pipes that might be used for smoking marijuana.

We have federal laws to protect animals but no federal law against elder injustice, just "Information Centers".
It's time our elected officials got serious about protecting our elders. As you can see there is a favorable treatment for perpetrators of elder abuse that is disproportionate in relations to other crimes that needs to be addressed.

Most importantly, The National Elder Justice Act would mandate federal funds to bolster Adult Protective Service Agencies around the country. Right now it has been said that for every government dollar spent on child protective services training, only 4 cents is allotted for adult protective services programs. A guaranteed flow of federal funds would enable APS to hire much-needed caseworkers and investigators.

Ms.Doan - What makes an older person vulnerable to elder abuse?

Editor - Older people tend to trust more easily, also many suffer from the onset of Alzheimer's disease, dementia, and the fragility of old age. The elderly are not able to defend themselves and are naive, they would never believe that a family member would bring them harm or that there are cold hearted ruthless predators looking to befriend them, is only looking to take their money.
Ms. Doan - My final question, "What excuses does the abusers uses to abuse the elders?" And thank you for this interview!

Editor - Well physical abuse falls under the category of crimes of passion, a caregiver loses patience by being stressed out or a family member feels he was treated unfairly during his childhood and there is his/her chance to even the score,.... this can also be the fruit of the perception of having being abused as a child and this is an opportunity to get justice, but by far, the most rapidly growing type of abuse is elder financial abuse.

Elder Financial Abuse takes a lot more planning and execution and falls under the category of :

• Need or greed. - The abuser is under financial pressure.
• Opportunity. - The abuser has access to funds or property.
• False sense of entitlement—“I deserve it. I am owed.”

*Reference:National Elder Abuse Incidence Study prepared for the administration of Children and Families

Ms. Doan, let me say in closing, "Thank you, Please tell your school principal Mr. Joel Kyne , and I am going to go out on a limb here, and speak for all Americans, Ms. An Doans; "We are proud of you!"

If you and others like you are the future of our great Nation, then we have much to hope and look forward to, God Bless!

To all those that wish to thank Ms. An Doan for this great interview in which she asks all of the hard questions,.. and for her time as a volunteer to nursing homes, please feel free to contact her!

You can >> E mail her here <<

Abuse of Our Elders - "Time to Stop The Shame!"

by Ray Fernandez

Many people are horrified by stories of elder and elder financial abuse all over this country and write then off to sibling rivalry or happenstance.

However we at E.A. will tell the truth "Elder abuse is such an ugly crime". Its victims are left to suffer in silence and loneliness, often at the hands of the very people charged with their care." This quote was taken from Napa Register article by Paul Seave entitled; "Facing the facts on elder abuse."

We will continue to tell you about this non regulated, wide open field, where there is no Federal or State Legislation requiring fingerprinting for non-certified caregivers who are going into the homes of our elderly.

When we hear that County District Attorney Gary Lieberstein stated that he had heard stories from the State Parole System that parole officers are telling convicts that home care giving is a promising field for gainful employment. Parolees are able to get the work without a lot of background checking we are going to tell you.

Opportunist thrive and the people that profit on the misery of others make millions, often with the help of the very same people that we thought could be trusted, while cold and ruthless predators "Line Our Elders Up, One by One, Until Our Savings Are Completely Gone."

What a shame.

In this Murky, Topsy, Tervy world of Elder Abuse, nothing is as it seems, not even medical records are to be trusted in this deceitful field that takes in the millions in revenue.

Two Elder Abuse lawsuits filed on January 16, 2008 claim 82-year-old Sylvia Saucedo (Case No. 1265784) and 66-year-old Judith Fortmeier (Case No. 1265782) bear this horrible reality.

Each were each found with serious and unexplained injuries. One suit alleges Ms. Saucedo was found by Mission Terrace staff with terrible bruises covering the left side of her face. Mission Terrace kept Ms. Saucedo for 2 days following the fall despite a deterioration of her condition, and only transferred her to the hospital for evaluation at the family's insistence, the lawsuit says.

Ms. Fortmeier, a resident of the assisted living facility, Cliff View Terrace, suffered 6 fractured ribs, a traumatic injury which her medical records describe as "akin to a motor vehicle accident." According to the lawsuit, her medical records also reveal that she told the doctors and nurses treating her that she was pushed. Three days after the incident, paramedics were summoned and they found her weak, struggling to breathe, and dehydrated. Ms. Fortmeier later died as a result of complications from this injury, the lawsuit says.

When we read more in depth we realize the allegations that multiple versions of the resident charts exist. According to the lawsuits, the families were given one set of records and their lawyer, Jody Moore, an Elder Abuse Attorney, was given another.

"It is highly suspicious to have 2 versions of the record," Moore said. "Medical records are supposed to be timely written and accurately record a person's symptoms and condition, as well as the treatment being given. When entries are made in a record days or weeks after the fact, and made to look like they were written contemporaneously, you have to wonder what's really going on."

Keeping two sets of medical records for elder patients would normally surprise me, but having seen enough fraud, deceit, corruption, neglect, exploitation, and betrayal in the case of my own parents to keep me writing for years, this does not surprise me in the least bit.

Deception is Commonplace in dealing with Elders..

On August 5Th. 2005, the Sheriff Department extracted Clara from where alleged abductors were holding her.

On August 23rd. 2005, she recovered enough to talk.

On August 23, 2005 Clara's outraged family and friends gathered in her home to file a sheriff report and ask for protection.

The police report states:

"THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF 'THIS INTERVIEW. MRS. CLARA FERNANDEZ, APPEARED TO BE HAPPY BEING IN HER HOUSE AT I5 WEST CYPRESS, IDENTIFYING THAT SHE AND HER HUSBAND BUILT THIS HOUSE, AND THAT IT HAS MANY MEMORIES.

Yet when the Court was told that "Clara Does Not Own any property in Key West",..... We were all left with our mouths hanging open!



The end result is that the Judge transferred Clara's case far away from her home and her husband, making for untold, expense and travel.

Such unbelievable suffering of her husband who at 87 years old now had to travel back and forth if he wanted to attend court proceedings at a place far away from their home.

--------------------------------------------- -----------------------------------
*Clara holds a life estate in the property, which is inextinguishable.

Open Letter to Mr. Robert Butterworth and the Fla.Committee on Children, Families, and Elder Affairs

Dear Secretary Robert A Butterworth;
Dept of Children and Families
1317 Winewood Blvd 1 #202
Tallahassee,Florida 32399-0700

Dear Secretary Butterworth;

We read with interest your new policy of openness within the Florida Division of Florida and Families;

As the family of abused elders statewide and singularly Dr. A.J.Fernandez whose death was precipitated on January 9th, two years ago by the by the forced separation from his wife of 58 years.

We believed our parents paid their dues and as their family we believed we are entitled to some closure on this sad,sad chapter of the nightmare of what were to be my parents golden years together traveling and enjoying the culmination of Dr. Fernandez and Clara life and dedication to public service together, in travel and in leisure a future that was truncated by their illegal separation and liquidation of their assets.

As Americans we believe we are entitled to some answers so that we might turn the chapter on this un finished story.

Why was Clara Fernandez separated from her husband during the last year of his life ? On what legal grounds?

Why did the Florida DCF, blink, nod and look the other way, while Dr's Fernandez's long standing powers of attorneys,surrogate Proxy powers, and letter of instruction regarding his wife were ignored?

Do we live in a nation of laws, or do we? Which is it?

Even though every legal organization that purports to protect our elders, qualify isolation as elder abuse, why was no action taken to re unite Dr. Fernandez and his wife before she was led around four (4) counties on a wild goose chase while her assets were being vacated?

Why did Dr. Fernandez's cries for help to try to save his wife from isolation,incapacitation,and the financial orgy that followed fall on deaf ears?

Why was no action taken, or interviews done or legal protocol followed when separating two long standing legally married couples and no effort to return them to the protection of their home and to her lawfully wedded husband of 58 years before she was left to her own devices to become incapacitated and paralyzed from neglect result of being overmedicated and left alone in hotel rooms?

If we were talking about the isolation,doping and neglect of children, we would demand immediate action ... so why is it unacceptable for a seven-year-old, but acceptable for a older person?"

It's understandable why children get all the media attention and when one falls through the cracks is cause for concern, but Mr. Butterworth older people deserve attention too! and when they start falling through the cracks, it's time to take notice!

Mr. Butterworth elder victims in Florida are coming foward by the bushels and they have suffered plenty and as citizens gowing older we are concerned that the problems be addressed and the system fixed.

Please bear us the closure, Our family deserves it , Stone silence will not do, we have done with the stone silence for way too long.

Mr. Butterworth, It's time to break the silence, for our sakes and the sakes of those that come after us.

Ray Fernandez
Dr. Fernandez POA 2000
Clara G. Fernandez POA 2000
Health Surrogate and proxy
Trustee and principal caregiver 1999

Clara & The Wild Goose Chase

My mother, Clara Fernandez was abducted on August 21, 2004. Later ,when we realized she wasn't coming ***back, we called the Monroe County Sheriff's Department to reported Clara missing, [according to my notes Sheriff's Deputy Morfi answered the call ] and we were told that the report had to be called in to the place where the victim was to be found.

So we got in our car and drove ten (10) hours non stop with my anxious 87 year old father, [who had never been separated from his wife in 58 years of marriage[, to Polk County Florida, where we met with Deputy K.Thompson of Bartow. He told us; "No, No, No, you have been misinformed," the crime has to be reported at the place where it was committed.

So we got in our car and drove back home to Key West, [another 10 hour trip], and called the Monroe County Sheriff's office. We were then told that they did not have any evidence of a crime being committed, and refused to document the crime scene or take a report and were referred us to the DCF.

So we filed two (2) reports with the DCF at once informing Mr. Scotty Baird that my father, Dr. A. J. Fernandez, was very depressed about his wife missing and asked the DCF for help in getting her back home.

Before her abduction, and according to Clara's doctor; "There have been no recent falls..health has been good. Past Medical History: UNREMARKABLE over the past several months." -Dr.Nancy Kaplitz, Neurologist, June 17, 2004 .

In November, not quite three months after she was taken, Clara was drugged and left alone in a hotel room where she fell until paramedics discovered her and took her to the hospital for emergency neurosurgery.

At the hospital Dr. Fernandez wrote a letter and informed hospital staff that he was the husband of Clara G. Fernandez, and he faxed the social worker a copy of advance directives, POA, and asked that Clara only be released to him.

The next day, Clara was visited by a DCF Miami-Dade County case worker named Susan Stafford. Ms.Stafford somehow overruled the legal documents set in place by Dr. Fernandez, and his rights to continue to exercise legal custody over his wife were ignored. In all of the bulldozing of protocol she did NOT inform Dr. Fernandez of his wife's pending release and looked the other way when unauthorized third parties took Clara out of Baptist Hospital to other various unknown locations.

Clara was moved around between five (5) separate nursing facilities in four different counties in secrecy while Quit Claim Deeds were being executed for the properties in my parents Trust, and the CD's were cashed along with Bond,Stock accounts and then the bank accounts were taken over.

On December 24Th. 2004, Field Investigator Clay Kellam said that she had visited Clara on several occasions, (which turned out not to be true), and that she was fine. Kellam had no knowledge that Clara had ever been removed from Polk County and was fighting for her life after having had cranial surgery and a stroke as a result of her fall due to neglect.

Clay Kellam said the alleged abductors had been cleared of any wrongdoing, I asked for her supervisor and explained to her how Dr. Fernandez had never been separated from his wife, he was not eating and we feared he would die if kept from her. The Supervisor told us how sorry she was but that the DCF had no police powers, and although she sympathized with me and my father,"There was nothing she could do".

Please click to enlarge Document:

Quantum Leap : Medical Case Management Program .-Funded by the Department of Elder Affairs Date of interview 5-1-05 Clara G Fernandez D.O.B. 11-08-07
by Robert Matranga B.A. Administrative Coordinator Case Manager

JUST CHECKING! Medical Case Management Initial Comprehensive Assessment MENTAL STATUS EXAMINATION: [Screen for mood, anxiety, cognition, mental and substance -related disorders..If indicated, assess for suicidology. Briefly describe affect; orientation, judgment memory, insight thoughts, and perceptions. Use mini mental status exam as indicated. State significant prior menial health history among the clients and client's biological family.] Client presents as alert orientated to person recognizes her name able to recall her children's names, Adalberto and Raul! When questioned regarding her spouse she believed he was deceased, the client has had four hospitalizations and four rehabilitation centers. With transfers for one setting to another often an in increase, cognitive deficits and decrease in functional ability can arise."
Signed on 5-03-05 by by Robert Matranga B.A. Administrative Coordinator Case Manager for Quantum Leap funded by the Dept of Elder Affairs

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Even though Clara seemed "On A String Being Pulled From One County to Another" -Judge VonHof- 31st August 2005 and according to the same Judge she was "improperly taken" from her home on August 21, 2004. - 15th Judicial Circuit Court Judge Gary L. VonHof August 31st 2005

Judge Richard Payne, Circuit Judge for the Sixteenth Judicial Circuit, Probate Division in Monroe county Case#44-2005-CP-61-K . - Judge Payne reasserts in a ruling -

"Testimony of Clara G. Fernandez having heard, argument of counsel of the respective parties having heard, and the Court being fully advised in the premises,

THE COURT FINDS that Clara Fernandez is a resident of Monroe County, Florida."

Dr. Fernandez was on a hunger strike and spent the last year of his life without knowing what had happened to Clara, the love of his life of 58 years.
Even though his most ardent desire was to see his wife again, he told me; "Ray I don't care if I have to spend every penny I ever made, all I want to do is to see my wife again before I die!"

The Department of Elder Affairs knew that Clara had been led to believe her husband was dead" because they stated so in their report, as well as the detrimental effect of moving her from hospital to hospital was having.

-"the client has had four hospitalizations and four rehabilitation centers. With transfers for one setting to another often an in increase, cognitive deficits and decrease in functional ability can arise."

The Department of Elder Affairs and the Florida DCF knew that Dr. Fernandez was literally and physically dying to see his wife who he had not seen or talk to for 12 months, yet they said; "Wish there was something we could do"!

Dr. Fernandez went to his grave on January 9Th. 2005, three (3) days after Judge Payne ruled that he could be reunited with his wife, yet he had to spend the last year of his life without being able to be with his wife of 58 years with whom the court ruled was "Improperly taken from him ! "

Dr. A.J. Fernandez personally made a impassioned plea to the best of his ability to Sheriff Richard Roth in the parking lot of the Monroe County Sheriff's Department, that was as close to him as he could get to beg for help and Roth shrugged his shoulder and said; "Sorry, nothing I can do!"

The Department of Elder Affairs refused to let Clara know that her husband was alive and that he wanted to see her, the DCF never made any effort to reunite the two before Dr. Fernandez's death.

Now How Cruel is That ?

*After such a terrible ordeal, Clara was picked up by EMS , backed up by West Palm Beach Sheriff Department , she was reunited with her husband Dr. Fernandez for a few priceless moments before his death. The reunification was possible through the hard work of Attorney Adrian Thomas who never gave up, and the sacrifices of myself and other family members. The legal battle to reunite my parents was a personal and family victory. I almost lost everything just to see my parents hold hands and kiss one more time and would I do it all over again if I had to.

I took pictures and made a video slide show of this very momentous occasion never to be seen again, except everyday in my mind.

And now - I would like to share this 3 minute video with all of you.

Please click Here=>> Watch Video of Dr. Fernandez and Clara last Moments together made posible by the Law Firm of Adrian P Thomas

Laurine said.. It was beautiful!!! There was so much love in all of the photos, both between your parents and between you and Judy and your folks. Excellent job.

brwneyegirl34 said ...This song is the most beautiful anniversary song I have ever heard!

LeBalRoyal ....Beautiful!

samudaseraphim ...Beautiful! I love seeing people love each other that much. I hope my husband and I stay that close all our lives. It is so sad though...WHY did they have to be separated?

ziva said... Beautiful,thanks for sharing. May their memory be for a blessing.

Thinker said... What your blog does is exemplify what blogs should do... be a voice for the voiceless, and a powerful one at that.

Aniger said...It renews your hope that marriage can last a life time. Thanks for sharing their story.God Bless,

Late Life Pete said...
This is my first visit to your blog. This is powerful stuff and you are to be commended for making this your mission.

Anonymous said...
I did not realize you could separate a couple legally married, just like that, always thought you need a especial order to do that !

Anonymous said...
this is really sad, who knows how many years this wonderful couple had still together, the saddest part is that the people who are doing this are still free to harm other people

Adrian P Thomas said...
Ray, A fitting tribute to a wonderful woman!Adrian P. Thomas, LL.M., J.D.,

The alleged perpetrator(s) is still doing social work for the state of Florida and steps are being taken in a civil court to take the perpetrators into account
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***There exists irrefutable evidence in Clara's own voice that she wished to come back to her home during the earlier stages of her ordeal and was not given the opportunity, or allowed in other words she was held against her will

*ref :According to Catherine C. McNamee a Social Science Analyst at the National Institute of Justice in Attitudes Hinder Investigations ;