Sunday, May 31, 2009

Today is Mother's Day for Clara G. Fernandez

Today May 31 or the last Sunday of the month is Mother's Day for Clara G. Fernandez in the country in which she sought refuge to escape government interference in family affairs and to escape being forcibly interned in a nursing home, Clara and her family is of Latin culture and it is deeply ingrained in us to take care of our own free of government forced interference ,chemical restraining, and forced interment in a detention center.

Clara chose to leave her home,friends and material possessions for the first time in 1965 when Fidel Castro socialized Cuba in 1959 and we chose to inmigrate to the US.

Clara now 92 years old and still going strong earlier Clara found herself the victim of physical and financial abuse when opportunists and wanna be heirs who were strangers to the family and found in the offset of her dementia and Alzheimer's an opportunity to loot her estate while authorities did nothing to stop the looting and wanton destruction of her family.

Even though Clara had ample family to take care of her a forced guardianship by attorneys Cara A. Higgins, David Paul Horan, Robert Tischenkel, Donald E. Yates and others imposed themselves while charging upwards of $400.00 per hours to perform menial and unnecessary tasks that here to her family had performed lovingly for free.

The Guardianship was terminated on October ,22, 2008 when it was determined that Clara Fernandez's once multi million dollar Trust was broke.

Clara's husband of 58 years well known and respected Dr. A.J. Fernandez died of the stress of the situation, almost one year after the couple was forcibly separated. Dr. Fernandez did not understand the forced and illegal separation and died of a broken heart on January 9th 2006.

Today is a joyous occasion and Clara is celebrating Mother's day surrounded by loving family members free from fear of persecution from overzealous Adult Protective Services who are often in bed with the Guardians and their attorneys who have mixed interests and loyalties when it comes to protecting our elders.

Even though we are very zealous for protecting Clara's privacy after everything she has been through we will attempt to bring you updates and pictures as the events warrant.....

Monroe County Sheriff Dept Fudges Police Report to Cover Up Elder Abuse

Monroe County,Florida USA...by Ray Fernandez

OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE
MCS0050FF0079I7 Printed On: 09/28/2005 15:42

MR. RAUL FERNANDEZ ADVISED THAT HE WILL BE PURSUING THIS MATTER CIVILLY WITH HIS ATTORNEY.

9/1/2005 10:35 SUPPLEMENT HAMILTON, HENRY B Si55 S6897 9/1/2005 1-0- -:3--7
THIS INVESTIGATOR DISCUSSED THE CASE WITH ASA J.T. GORMAN OF THE STATES ATTORNEY OFFICE AND AGREED WITH THIS INVESTIGATOR ON THE STATUS OF THE CASE, SINCE THERE WERE NO PHYSICAL SIGNS OF ABUSE AND THE MATTER SHOULD BE HANDLED CIVILLY BETWEEN THE BROTHERS.

9/1/2005 14:47 SUPPLEMENT MORFFI, JOR(;E LUIS 11-2-3-
123 S7795 9/1/2005 15:04

THIS WRITER RESPONDED TO 5525 COLLEGE RI) / M.C.S.O HEAD QUARTERS.
UPON ARRIVAL I MET WITH A LAURA WHO INFORMED ME THAT A CLARA FERNANDEZ WAS AN ELDERLY PERSON WHO WAS AT THE LOBBY AT OUR HEAD QUARTERS. LAURA SAID THAT DETECTIVE HAMLTON NEEDED A DEPUTY TO SWEAR IN CLARA FERNANDEZ AND HAVE HER SIGN IT AND THE DEPUTY SIGN IT.
I MET WITH CLARA FERNANDEZ THE VICTIM AT THE LOBBY THERE I READ A STATEMENT. I INFORMED VICTIM TO RAISE HER
RIGHT HAND SO I CAN SWEAR HER IN. THE VICTIM WAS SWORN IN.
I TOLD VICTIM TO SIGN ON THE PROPER BOX AND DATE IT. THE VICTIM HAD A HARD TIME SIGNING ON THE LINE AND HER HAND SHOOK CONTINOULYS. IT WOULD BE HARD FOR THE VICTIM TO TYPE SAID 2 PAGE LETTER SINCE SHE IS AN ELDERLY PERSON AND HAD A HARD TIME SIGNING THE STATEMENT.


Date Entered NCIC: Date Removed NCIC:
Supervisor APPROVED
BOBBY RANDOLPH
No Concur No
Date Time No Pt1F/U No
09/05/2005 09:04 No lnvF/U Yes
Case Screening Supv. BOBBY RANDOLIH
Date Time
08/25/2005 07:54
Investigator
S155
HAMILTON, HENRY B
Report Last Modified 09/05/2005 09:04 WITNESS STATEMENT
Last First Middle Title H R S DOB
MCCLAIN ANGELA N W F 10/27/1927
I have known Clara at least 15 years and saw her often several times a week, most times On August 2004 Clara suddenly disappeared without ever giving any indication she wanted to leave.
Attempts to contact or speak with Clara were blocked by Al Fernandez and Bill Hart, who did not allow me to talk with her .


MCS005OFF007917 Page 6 of 7 [S7889 08/23/2005 15:10
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This police report raises some very disturbing issues and exemplifies what happens when elder abuse is reported.

Mr Raul Fernandez NEVER EVER thinks that elder abuse is a civil matter, and words were put into my mouth, which brings up the question : Does a citizen when attempting to report elder abuse have a right to be accurately quoted in a police report?

In spite of numerous witness that gave sworn statements that Mr. Willam A Hart and Mr Adalberto J Fernandez Jr had overmedicated the elder while cashing her accounts and had held her in strict isolation, when the victim herself accompanied by her best friend Angela McClain tried to file a report (herself) she was ridiculed and her report trashed because "her hand was shaking."

Way too often as exemplied by this case attempting to report elder abuse or file reports can not only be demeaning for the elder and their families but a big waste of time as well.

Another Elder Murdered by Own Family


By Teresa Stepzinski Story updated at 12:45 AM on Sunday, May. 31, 2009

Jacksonville,Florida, USA

That their mother killed their 68-year-old father was brutal. But the close-knit brothers - Davis Jr., Scott and Jeff - were then branded "money grubbing" cads by their mother and her lawyers, who sought to justify the slaying of the respected and popular Waycross eye doctor.

"It's been a war zone ... I felt like I've walked around with this stigma," Scott Jacobs, 41, said the day after the verdict. "I haven't had time to grieve."

He and his oldest brother, Davis Jacobs Jr., recounted for jurors numerous incidents of their mother abusing their father, who a psychologist later testified was the battered spouse.

Battered men generally don't report abuse and often don't leave their abuser because they are ashamed, afraid or blame themselves for causing the violence, District Attorney Rick Currie said.


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It all goes back to more of the same, abused elders don't report abuse because of the stigma, and if they did who would believe them, when my mother was abused and we reported, the Monroe County Sheriff that investigated Henry B. Hamilton stated that because there were not any signs of physical abuse that there must not be any.

Elders in the US are being finished off at an alarming rate, as long as the incidents are not reported in the mass media they are seen as isolated incidents which makes for the killing off of individual elders one at a time much easier......

In reality we folks in the USA don't really need many enemies we are doing a pretty good job amongst ourselves of killing and preying on each other for money.....

Saturday, May 30, 2009

EOD Reports : Exploitation is Daily Fare for Elders

EstateofDenial.com hears on an almost daily basis of new Involuntary Redistribution of Assets (IRA) cases in which probate venues and/or probate instruments (wills, trusts, guardianships and powers of attorney) are used to loot assets of the dead and disabled/incapacitated. That is significant for a small, relatively obscure web site like EoD.

We recently added a new entry called New Jersey Corruption to the EoD Links and Sources page. This horrific story is detailed by a member of the Blasco family who says “My Father, a Vietnam Vet with a purple heart, is having his estate stolen by New Jersey’s Government Courts.”

These accounts, albeit familiar, are individually tragic and heartbreaking when taking into account the numerous lives harmed in each action. We posted another similar case out of Ohio earlier this week. Many other inquiries and pleas we receive are not published due to their sensitive nature or pending legal action.

What is most sad is while cries for help are desperately increasing, many people don’t understand the IRA issue, even more don’t bother listening and only a few care. IRA targets - those alive or with any ability to speak - regularly lament how they never dreamed such acts of looting could so overtake their lives. And routinely, these are people who completed their “proper estate planning” yet through opportunistic maneuvering by wannabe heirs and/or dishonest legal professionals, their wishes are ignored or subverted.

Another common thread is that targets or other parties at the forefront of dealing with these actions will tell of contacting all seemingly logical authorities, going through the appropriate processes and channels, doing everything that appears as a reasonable course to avoid an ugly dispute or prolonged, extensive legal battle. Despite these efforts, dead ends or directions to civil court are all that are found.

Source=>>

Thursday, May 28, 2009

Exploitation and the Circle Jerk

If a senior citizen cannot explain the need and ramifications of any document whether it is a legal contract, a do not resuscitate order, a will, a power of attorney, a check, a bank transfer, stock sale, etc., the person that accepts the change may be an abuser or exploiter.

A senior citizen who simply says, "yes," and agrees, stating they understand the document and/or the situation is NOT be considered to understand the situation or agreement unless they can explain what the paperwork, financial transaction, healthcare decision, etc., means, the reason for it, why it's needed in the way of actual effects now or the eventual outcome on their life. COACHING to obtain an answer from anyone in any form may be elder abuse.

For more information:
Integrative Healing Center & Spa 1180 Northern Blvd., Ste 200, Manhasset,
NY 11030, 516-676-0200
Irene A. Masiello Author: Paradise Costs-A Victim's Daughter Fights Back Against Elder Abuse Afterword by: Bennett Blum, M.D.http://www.paradisecosts.com/
Contact: 718.776.5644

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At 87 yrs old with Dementia,Alzhaimers, my mother was chemically restrained then isolated while made to sign over everything she owned, when we went to the authorities for help they told us she had a right to sign over everything she owned to anyone she wanted they did the circle jerk! While my mother was left in a hotel room incapacitated and robbed blind.

They then recommended a Guardianship which strained an already depleted estate due to yeats of legal wrangling and never ending court hearings .

This is the infamous circle jerk as anyone who has been desperately seeking refuge and relief from abuse has experienced first hand.

Rob Them While They Are Down

by WJXT-Channel 4 and News4Jax.com at

http://www.news4jax.com/news/18755878/detail.html

JACKSONVILLE, Fla. -- The checks, credit cards and bank account of a 66-year-old woman were all cleaned out while she was hospitalized and in a coma. Now, authorities are searching for a culprit.

Police said someone stole thousands of dollars from the woman after she became ill with pneumonia and fell into a coma.

According to the police report, the incident happened when the ill woman checked into Baptist South Hospital last August. The report states, "she became very ill with pneumonia," and eventually "fell into a coma for approximately 30 days," and she didn't get out until the day after Christmas.

The report goes onto say, "during that time period from 8-21-08 until present, the victim's account has been debited to the amount of $12,466.14."

The victim has since moved into an assisted living facility in Orange Park. Channel 4 reporter Scott Johnson spoke with the woman by phone, but she asked not to be identified.

Police reports state the victim originally went into the hospital with her purse, but when she left months later the purse was gone.

Investigators were introduced to the case when a worker at the assisted living facility "advised the victim's bank account was being drained by someone. She and the victim presented numerous pages of bank charges that could not have been completed by the victim because she was in the hospital," according to the police report.

Police said they have been on the money trail and have talked to people who know the victim and may have had access to her personal belongings.

The officer handling the case said he is "attempting to obtain a warrant for the suspect's arrest."

If a person is arrested, he or she could face multiple fraud charges and a charge of exploitation of the elderly.

Ours Elders Deserve Better

By Martha Burk EGPNews.Com 5-28-09

The month of May is almost behind us, and with it the flowers and candy many of us showered on our mothers earlier in the month to mark Mother’s Day. But many older mothers are getting showered with attention of another kind – abuse.

Take the case of Ruth, an 89-year-old woman who was in fairly good health when she entered an Iowa nursing home for physical therapy in 2008. When she left to go home 25 days later, Ruth’s leg was rotting and consumed by gangrene. She died three months later. State and federal officials rightly called it neglect, and fined the nursing home $112,650.

25 years of congressional hearings on its devastating effects have produced no federal law to address the problem in a comprehensive manner, even though elder-battering has been called both a disgrace and a “burgeoning national scandal.”

Abridged=>>

Wednesday, May 27, 2009

"Elder Abuse a Serious Matter in United States and Canada" You Think?

by Carol Forsloff

As baby boomers age more and more of them are concerned about their futures. With life expectancy increasing the focus is now on the treatment of the elderly. Elder abuse is considered a serious national problem both in the United States and Canada.

No one is safe from elder abuse including the rich and powerful, as headlines observe. Even philanthropists Brook Astor was a victim. Her son Anthony Marshall was reported to have mistreated her in a series of scandals involving the Astor family before Brook’s death in 2007. Elder abuse is beginning to gain more and more attention with the aging of the population and high profile cases like these.

Cont..=>>

Group Says State Needs To Update Laws, Protect Elders From Fraud

Nort Carolina,USA

Fraud committed against the elderly is on the rise, and North Carolina needs to do more to protect its seniors, says a new study released Wednesday by the N.C. Center for Public Policy Research.

“The stories of fraud against the elderly are rampant and appalling,” says Mebane Rash, editor of the Center’s journal, North Carolina Insight.

“It is all the more tragic because often the fraud is carried out by relatives, family friends, and caregivers.”

In one mountain county, an elderly couple started sending money to a California televangelist who said he wanted to spread Christianity to the Middle East. Over time, the televangelist started visiting them at their home in Western North Carolina.

When the elderly man moved into a nursing home, the televangelist visited and asked the couple to sign over a general power of attorney, health care powers of attorney, and a real estate deed transfer reserving only a life estate for the couple.

The sheriff was called, the documents were shredded, the minister was chased out of the county, and Medicare fraud charges were filed. But the elderly man in the nursing home died, and his wife was deemed incompetent to testify, so the charges were dropped.
The minister came back just weeks after the man’s death, and the widow signed all of the documents again. This time, there was no one to protect her, no one to call the sheriff. The Scammers and Their Schemes

The Center says the financial exploitation of the elderly is carried out by two categories of perpetrators:

(1) strangers; and (2) relatives, family friends, and caregivers.

Abridged for EA read it all here=>>

Elder at the wrong end of a shovel

New York ,USA Wednesday, May 27, 2009 By JOHN ANNESES

A Stanten Island teen charged with beating his dad with shovel .Older man in a coma after altercation triggered by son's all-night antics.

An 18-year-old from Willowbrook, possibly high on a mixture of prescription and illegal drugs, is accused of bashing in his father's head with a shovel because the older man didn't like that he was staying out so late.

James DeLeo, 18, was arrested on charges of attempted murder after police found him outside his Bellhaven Place home at about 8:30 a.m. Sunday, covered in blood.

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Under todays climate the baby boomer generation should steer clear of disciplining their offspring, should a neighboor see you or the child itself call Protective Services you could be in for an extended and protracted investigation , leave that up to proffesionals, avoid disciplining your children it could land you in trouble with the APS at the best and at the worst you could end up in the hospital or worst, dead...

Son arraigned today for murder, elder abuse of 81-year-old father

MURRIETA -CA. USA Valley News

A 46-year-old man is scheduled to be arraigned today on charges of murder and cruelty to a dependent adult for the alleged slaying of his 81-year-old father, who died as a result of what authorities describe as several blows to the head.

Charles Edward Ellsworth died Friday at a Fontana hospital "as a result of being struck several times in the head'' by his son, Michael Thomas Ellsworth, at the victim's residence in rural Homeland on April 15, sheriff's and coroner's investigators said.

Deputies investigated a physical dispute reported about 1:40 a.m. April 15 in the 30700 block of Palmetto Palm Avenue in Homeland, between Hemet and Perris, according to sheriff's Sgt. Dennis Gutierrez.

It was not clear from sheriff's and coroner's accounts whether anyone was arrested or received medical treatment on April 15, Gutierrez said. But last Wednesday, the elder Ellsworth was admitted to a Menifee hospital, and he died at 11:07 a.m. Friday at Kaiser Permanente Medical Center in Fontana, sheriff's and coroner's officials said.

Michael Ellsworth was arrested at 3:30 p.m. Friday by deputies from the Perris station and was booked on suspicion of murder and cruelty to a dependent adult with great bodily injury.

Monday, May 25, 2009

Thank G-d Such Men Lived.-Happy Memorial Day

"It is foolish and wrong to mourn the men who died. Rather we should thank God that such men lived." -- General George Patton

These brave men and women whom we owe everything come back home and age and they do not deserve to be abused or warehoused and treated as expendable, old age is the ultimate crown of experience, elder abuse is a sickness representative of the decay of our values,our civilization our very existence is now threatened by the scourge of elder abuse and the greed and malovence of those who perpetuate it .

Thank you Uncle James and those so many others who have made the ultimate sacrifice to defend the right to property,and the pursuit of happiness. To those that wish to denigrate the cost of freedom as you will find out problably sooner rather than later, it's very steep.

The older folks many who have fought in past wars deserve our upmost respect,consideration and protection.Any disrespect,abuse,
(IRA)Involuntary Redistribution of Assets perpetrated upon the older folks is an affront on all of us.

God Bless to all and Happy and Safe Memorial Day ...................

Ray Fernandez
Editor