Friday, October 12, 2007

Attempts to Discredit Caregiver Not Based on Facts

This letter was circulated by guardian's attorney does a good job in discrediting legitimate caregiver/family before hearing for "Petition to Determine Continued Need for a Guardian" heard before the honorable Judge David Audlin of the Sixteenth Judicial in and for Monroe County, Florida on August 29,2007. However it is not based on actual facts.

It seems higly unfair to represent to the court things that are far from the actual facts documented . Clara's caregiver has never been found guilty of ANY wrongdoing financial or otherwise. It is our desire that attorneys involved play in a level playing field where the truth is the deciding factor as to what is "Best" for the Elder .

Here You can see the credit line balance at $245,000.00 on a statement dated 11-26-2005

Here in a statement closer to the date of the hearing the credit line balance is $223,00.00. So not only did Clara's caregiver NOT Max out the line of credit but they paid it down from $245,046 to $223,313 = 21,733 under very difficult circumstances.

Now the guardian's attorneys told Judge Audlin that Clara's caregiver had maxed out the credit line at $250,000

that a difference of 250,000 - $233,313 = 23,083 that they manufactured out of thin air and implied that the caregiver in appropriately used. (Stolen).

And it seems most unfair that they charged Clara 5 hours preparations for this hearing so they could manufacture non existing sums of money to dis credit the caregiver so as to be certain that Clara's civil rights would not be restored as her pre planned legal documents indicated were her desires should she become incapacitated.


Now the Guardian's attoney is really going out on a limb here in saying that the caregiver, " forged his mother signature" . This is the document they were referring to:

This document is a MRD a Minimum required distribution form, My mother Clara had left me very specific instructions.-" In case anything ever happens to me, you use the MRD table figure out the amount and send for it , and take care of your father". So I did just that. I used the authority POA given me on March 17,200 and I used my mother's e signature to get the distribution which I deposited in Clara's and Dr. Fernandez Joint account and took care of their needs according to my mother's instructions.

E.A. readers are among the smartest people anywhere, so here is my mother signature from a Trust Document and you tell me if it looks like I forged her signature as the Guardians' attorneys alleges in his attempts to illegitimize caregivers of the persons of Dr. Fernandez and Clara G. Fernandez.

Here is the signature page of the Power of Attorney given Raul(Ray) Fernandez on March 17,2000 with another example of Clara's original signature.

This is the table that the IRS gives that Clara taught me to use to figure out the MRD.

This is a deposit slip showing the MRD = $25,000 going into THEIR account and used for their benefit, along with receipts as shown to the DCF in their five (5) now (7) investigations as reprisals by the perpetrators in order to cover their trail and confuse the authorities.
It is hard enough being victimized by elder abuse, let having to fight against a corrupt system that allows attorneys whose attempt to hold power at any cost further victimizes the victim and victims's family of elder abuse.

Guardian and their attorneys must be careful not to mislead the courts under the guise of protecting our elders as by doing so they are really hurting the very principles they sought to uphold our elders and their families at a time when they are the most vulnerable and need the most support and validation , these tactis could backfire and come back to haunt the law proffesional at a later time.
Attorneys appointed by the court must play a level field and not resort to the type of tactics that leave a bad taste in the practice of elder law and often casue a great deal of damage to the victim and or their families insted of helping correct the wrongdoing and uphold the moral ethics they sworn to uphold..
Since we aired this article we have been informed by the guardian Mr. Robert Tischenkel that he will be resigning as Clara's guardian.

We welcome his decision to step down as guardian in order to allow for a more experienced appointee who will make a sincered effort to diseminate truth from fiction .
We recognize the hard decision that the court faces in sorting out these kinds of difficult problems,however these elders do not have much time and elder justice must ultimately prevail in the convoluted case of Clara G. Fernandez.

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