Tuesday, October 16, 2007

Elders If You Been Abused Proceed at your Own Risk ?

We have recently received numerous emails submitted by E.A.'s readers wanting to know how did Clara's present guardian, without having any Guardianship Qualifications get elected to be Clara's guardian without having any prior knowledge of the family or without the family having any prior knowledge or reasonable notice of the hearing that a guardian would be chosen for Clara? As per FS 744.3371

The short answer is that "the Guardian" knew somebody or somebody knew "the Guardian" .-

It was a "one hand washes the other" kind of deal, in other words, I nominate you as guardian and you nominate me as your attorney.

My mother's experience is a good example of what could happen to other elders that have been abused and are thinking about coming forward with their allegations, as you know, most elder abuse happens in the home, and yes by family members, this means that it instantly invites officials to label it as "family quarrel" a civil matter which leads to the courts involment in a never ending procewss of hearings, guardianships and other
time consuming and never ending legal manuevers designed draw the matter out until the elder and their families are financially and moraly devastated.

Keep in mind that anyone can bring a petition to determine 'incapacitation' against you 'the elder'.- This in itself is subject to interpretation should you, the elder, be found incapacitated and the courts can immediately decide what's best for you, and take control of your finances, as happened in Clara's case.

Clara, an 89 year old widow, that has now been successfully evicted by the withholding of her income, late or non payment of her bills and withholding any means of sustenance for herself and caregivers/family members, thus starving her and them out of her own home.

So if you been abused it is wise to consult with an attorney, because once word gets out, then the Victim becomes an "open target" for anyone looking to take over the elders estate.

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