STAYING ORDER GRANTING APPROVED GUARDIAN POWER -November 20, 2006

Latest Order approving guardian powers to Angela McClain to be 'vacated' delaying affronting real issues and skirting justice .

Clara has been patiently waiting since July 2006, for these hearing which would have put her one step closer to resolution , this further complicates the Guardian Powers in being able to pay for Clara's health care and a prolonging of the legal process, making it longer and more costly for Clara.

Defense Lawyers Often Try to Delay Trial of Elder Abuse and Exploitation cases until the Victim is too Disabled to Testify, Experts Say

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.



Clara never recovered from the fall that she suffered after being left alone , over medicated in a Motel room on November 17th 2004 . This was 3 months after she was IMPROPERLY REMOVED from her handicapped equipped home with 24/7 supervision. Clara is in need of a special diet physical therapy due to osteoporosis, and constant medical attention due to hypertension, dementia and Alzheimer.




Unfortunate for Clara all attempts to get her back including seeking help from the Monroe County Sheriff's Department and filing of a REPORT with the Florida Division of Children and Families to try to get her back before she was seriously injured failed.

Motion To Vacate'Garcia' November 20 2006

By the defense alleging non-service , the order was vacated and a delay from November 20th 2006 to the following year (2007) until the hearing could be re scheduled, gaining time for the abusers and prolonging the agony for Clara G. Fernandez.

The Death of Dr. A.J. Fernandez

Only 3 days after the 'Residency' hearing for his wife Clara, Dr. A. J. Fernandez, passed away knowing that his wife Clara would be declared an absolute resident of her home town of Key West, Florida.

He was under such duress concerning the out come of the Judge's rulings as she had been bounce around in numerous counties by her abusers in order to blur jurisdictional
lines and a 'Residency Hearing' was called by Judge VonHof to confirm where Clara actually did live.

When Judge Richard Payne ruled that her place was at home with her family and friends in Key West, after he questioned Clara, friends and witnesses , he ruled that Clara was indeed a resident of Monroe County, Florida. Dr. A. J. Fernandez felt his wife would finally be safe at home.