Substitute Power of Attorney Prepared for Elder Clara G. Fernandez

Came from Fax number 863-297-8025

Complaint Filed with DCF by Family in Hopes of Getting Help

In not being able to see or speak with Clara her family became overly concerned because of her delicate state of health and turned to the DCF for help in the hope that they could do something before serious harm came to her.

Dr. Gerth asks for Calm Surroundings for Dr. Fernandez

Dr. Gerth is concerned that all the commotion with Al Jr and Harts is having adverse effect on Dr. Fernandez health and prompts him to write a letter
asking that stressful or confrontational situations be avoided

Permit Expires Expires Due to Abduction

Disturbance prompts Sheriff to be called

Clara's Family Tries Desperately to Contact Her

Many Ways were tried to contact Clara regarding the expiration of the Permit, which implied giving up a grandfather clause, permit,engineering, health dept permit fees, soil tests, surveys costs, architectural fees, lot addressing fees, septic tank fees, ect, ect. representing a substantial loss for Clara
This was a Restricted Certified Mail, which was blocked from Clara, and she never received it.

Identity Theft of An Elder Unable to Comprehend

All efforts were made to contact Clara about her Identity theft.
We wanted to let her know what was going on, there was no way possible.
We tried Restricted Delivery, Certified Mail, both she would have to personally sign for.



We paid a process server named Rodney Elinor to serve letters to Clara of all the things that were happening without her knowledge.
Not possible, as Mr. Elinor reported back that as soon as he tried to deliver the correspondence, she was flanked by her abductors.




Lawsuits were filed on 'Clara's behalf' against family members withour her knowledge consent or the ability to comprehend what was going on , in a vain attempt to descredit/intimidate them into silence.


Orders were issued in elder's name in order to block Dr. Fernandez from fixing his house after hurricane Wilma.

False Complaints were filed with the Food and Drug Administration in Clara's name in order to cut off the flow of 'life saving drugs' for Dr. Fernandez , falsely alleging that his medications were 'non-prescription'.

These copies of his prescriptions proved above and beyond, the false claims made on Clara's behalf to the FDA .

A False complaint was filed with the DCF in Clara's name that Dr. Fernandez was being abused, which prompted Clara to personally visit Mr. Scotty Blevins at his office and disavowed that she ever made such a claim.

Clara was Abducted from her own custom built handicapped home

Because of Osteoporosis, Clara's proxy took exceptional care that she didn't fall. Clara's room was equipped with a two way intercom constantly monitored at night , and her room it was fall proofed for her .

Clara and Dr. A.J. were never allowed to bathe, alone. It's really painfull that she was taken to be left alone in a hotel room , to have to be flown to Miami on 11-17-2004 for emergency neurosurgery, of which she has never recovered ?

Why was she being overdosed at the time of her fall with a combination of drugs that the manufactureer says ' Avoid other sedatives,sleeping pills, and tranquilizers. ?

Why was She taken out of the safety of her handicapped home, and out of supervision of extremely caring, and skilled caregivers, to be pulled around 4 separate counties, as if on a string ?

How Can the DCF Better Protect Our Elders?

The District of Children Affairs were notified in time* , that Clara had been removed from her lawful residence, and from her husband. The DCF would later claim that they had **interviewed Clara at the Hart's Residence several times and that she was happy*** there.

Afterwards she moved to Manor Home, then to Ashboro Manor, then three other places even as the Department of Elder Affairs wrote in their report : With transfers for one setting to another often on an increase, cognitive deficits and decrease in functional ability can arise. -Roberta Matranga BA May 31, 2005

Where did the DCF fail to protect Clara ?

What Steps ought to be taken to avoid this tragedy repeating itself?

Complaints to Florida District of Children and Families (DCF) are still being Investigated

Complaint filed with Florida Division of Children and Families on January 19Th 2006 from Angela McClain that went unanswered, the agency has not written or called Mrs.McClain and she has heard absolutely nothing from this agency as it has been at least two years since she filed! {"Prolonging the Elders suffering and uncertainty."}

As the court appointed guardian of the person and property of Clara G. Fernandez, Angela McClain is concerned that all parties have NOT turned over the assets to the Guardianship,
and the elder will be left destitute as a result.

The U.S. National Academy of Science defines Elder Abuse as ;
Financial Abuse - Misuse of an elderly person's money or assets for personal gain. Coercion (changing a will, assuming power of attorney) constitutes Elder Financial Abuse.

{"Refusing to turn over an Elder's assets to the guardianship, as ordered by a court, falls under the category of Elder Abuse according guidelines as set out by NCEA. "}

Angela McClain feels she has a genuine complaint, yet she believes her complaint was never addressed by the DCF as she has never heard a word from them as to what to expect in going forward. How can ordinary citizens expect get help from the Elder Abuse Hotline if the complainants, such as the one in the case of Clara G. Fernandez, have yet to receive a formal reply from the DCF?? {"In the two years that have passed the DCF has yet to reply and put a stop to this continuing "well documented" case of elderly abuse."}



An initial complaint was filed during October when Clara called her family in Key West and complained of not having any phones available in the house she was being held in, and she wanted to come home immediately. Thus, arrangements were made with Laurie Borguss to pick Clara up and this complaint was filed with the DCF .

A call was received from the supervisor at the Bartow- DCF office on December 24Th 2004 , she explained that the agency had no 'police powers' and that there was nothing that she could do .

'She recommended we get a guardianship order before a judge' which was done, but by then it was too late for Clara as she had been totally incapacitated by then and her husband perished from the stress of the situation.

Al Fernandez Jr. Himself a Social Worker -Self Appointed Himself to Handle Elder's Credit Cards

Real Estate Transfer from Elderly Person

Dr. A.J. Fernandez travels 10 hours to see his wife, -{" Told to Leave Town!"}

Dr.A.J.Fernandez went on a hunger strike and refused to eat until he knew of the whereabouts and safety of his wife Clara, as he wanted to see her more than anything in the world. So we packed him up and drove a total of 10 hours to Winter Haven, Florida through the debris of the aftermath of 3 hurricanes, upon arrival, we found there were no hotel rooms available as most of the local hotels were filled with storm victims and some were destroyed or badly damaged so we slept in the parking lot of the Winter Haven Police Department and waited until dawn to drive up to the home in which Clara was staying, keep in mind Clara was receiving treatment for numerous mental disorders, as detailed in by the medical panel, and she would no longer say one thing than another.




This report is incomplete as it makes no mention that Dr.A.J.Fernandez wanted to see his wife, nor does it mention that when the police officer returned from speaking to her , that 'We her family' were told to leave town and that 'WE' were not welcome in Winter Haven, Florida!
Upon hearing the Officers words, Dr.A.J.Fernandez collapsed accross the back seat of the car.

Police officers are rarely trained to investigate elder abuse

Police officers are rarely trained to investigate elder abuse and thus may not know how to interview an older adult, work with a person who has dementia, collect forensic evidence, or recommend that criminal charges be brought when responding to reports .

National Institute of Justice by Catherine C. McNamee with Mary B. Murphy

Bond Account Liquidated October 01,2004

Bond Account in the amount of $71,774.00 liquidated by Aldalberto J Fernandez and William A. Hart on October 01,2004