Ray Does not Intend to Cooperate with the Court ?
b. Mr. Fernandez indicated to the Court that he did not intend to
cooperate with the Court's newly appointed Guardian, Robert Tischenkel, who was appointed on June 8, 2007, after the resignation of Mrs. Angela L. McClain on June 21, 2006. Raul Fernandez further indicated that short of a direct order of the Court, he would not modify his existing procedure, which was simply to maintain personal control over the Ward's assets,
without complying with prior Court orders directing that assets be transferred to the Guardian for administration pursuant to law.
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Two Paragraphs jumped out at me regarding the courts order, this was the first one:
Although we retain our right to differ in opinion , and that's what makes America great, we recognize the authority of the court as the highest authority in the land and we are willing to carry out it's mandate one hundred percent according to the spirit of the laws of the land, the same laws we swore to uphold.
and the 2nd .....
August 29, 2007, the Court finds that assets held in the name of CLARA FERNANDEZ, either directly or indirectly, were never transferred to the prior court-appointed guardian, Mrs. Angela L. McClain.Some or all of the Ward's assets (some of which were apparently transferred to an inter vivos trust, through a Power of Attorney which was at various times either in effect, or which may
have been later revoked by the Ward), were simply retained by Raul(Ray) Fernandez.
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Why where they not transferred over to AngelaMcClain the acting Guardian at the time, well it wasn't because lack of effort, but lack of teeth, Angela lacked Expanded guardian powers which she had been trying to get for years without much success and the elusive "expanded powers" when the situation was advantageous for the right people it got approved almost overnight.
Another interesting observation of how our legal system works in such cases is the other paragraph .- "Some or all of the Ward's assets (some of which were apparently transferred to an inter vivos trust." Here they just don't get it, yes the wards assets were transferred to a Trust back in 1990's when Clara did her Estate planning. It was done by very well trained Estate Attorneys.
It is a poor attempt to dis credit Clara's Trust by implying that I transferred assets over to the Trust- Fact it never happened I am not an attorney and I would never transfer anything into a trust, that would be practicing law without a license and I don't do that.
"Retained by Raul Fernandez", this statement is not accurate , I have retained nothing, zilch,nada, I did write checks to cover their health expenses and other expenditures on their behalf , but to say I retained makes ME wonder how they get their information ?
To read the Document entitled " Order Judicial Review Need for a Guardianship" Please go here and click on the file itself or the buttom on the right Here >>
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We publish this in the public interest and education for the public to know how the legal process works once an elder becomes incapacitated and there are disagreements within family members as to keeping the elder at home as opposed to placing the elder in a nursing home . Then the bigger question becomes distributing the elders assets now Vs supposing everything is still his/her until death then distributing the assets then. (Thus setting all prior estate planning aside to benefit a few, whom perhaps the elder never intended to benefit when the planning was done.)
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