Paradise Costs-A Victim's Daughter Fights Back Against

Paradise Costs - 2ND RELEASE- A Victim's Daughter Fights Back Against Elder Abuse
Author: Irene A. Masiello
Afterword: Bennett Blum, M.D.

Sadly, the end of Mario Masiello's life became a text book case of elder abuse, neglect, exploitation, breach of fiduciary duty and misuse of Power of Attorney.

After he was seized from his family by neighbors in Walterboro, South Carolina, who, with the help of a failed system, exploited his diminished mental capacity and used undue influence, his premature death followed.
In this heartbreaking true story, Mario, a hearing impaired W.W. II veteran who also had severe Alzheimer's, was an insulin dependent diabetic and was receiving all nourishment through a feeding tube after he, also, had suffered a stroke.

His daughter, the author, offers readers a chilling forensic report resulting from expert forensic analysis within this book. And she utilizes her father's story to help others understand the nuances of elder abuse and exploitation by sharing this provocative, tragic tale.

Mr. Masiello represents millions of Americans who are victims currently or will be as the numbers of elder abuse victims explode; it is expected that one-in-six elderly will be victims.

Contained in this one-of-a-kind book are lists of 20 red flags suggesting elder abuse or exploitation may be underway, 15 techniques often used by abusers and over 25 personality characteristics that make some seniors high risk. Paradise Costs offers helpful hints for hiring caregivers, addresses dysfunctional family issues and more.

Through this powerful, thought provoking story, readers can acquire a clear understanding of what elder abuse and exploitation are, CRIMES, what the red flags are and offers the opportunity to take simple action to be proactive with sample tear-out letters to federal legislators.

Afterword by Bennett Blum, M.D.

Dr. Blum, an internationally acclaimed forensic and geriatric psychiatrist, shares his remarkable pioneering assessment techniques for evaluating undue influence and diminishing capacity making Paradise Costs a must read for every professional whose work includes the health, safety and welfare of the elderly and everyone who is concerned with the issues of aging.

Contained in this book are Dr. Blum's:

Undue influence worksheets for police, adult protective services and probate investigators documenting abuse and exploitation and instructions on how to use them through his "IDEAL" acronym (I)solation, (D)ependence upon the perpetrator, (E)motional Manipulation or (E)xploitation of Vulnerability, (A)cquiescence, (L)oss)

Also, normal aging, dementia (vascular or other types) overview, Alzheimer's: contributing factors, the 7 stages of in this disease, other cognitive impairments, who to hire: medical or mental health professional or attorney, guidelines for lawyers, what not to do, etc.

Dr. Blum's "PARADISE 2" acronym is included; a model on assessing diminishing mental capacity: 15 questions to consider, what about wandering, when to seek an expert's assistance, selecting a qualified expert, 7 types of experts, explaining medical terminology involved in assessing diminishing capacity, details and explanation of some common causes of dementia including Alzheimer's, substance abuse, depression, nutritional ailments, mental illness, definitions of "alert and oriented, etc. and more.

Also, included to educate professionals and family members: 16 ways to determine if financial capacity is affected; an article published online by the American Journal of Geriatric Psychiatry, Feb. 8, 2008 by Martin, et al. "Declining Financial Capacity in Patients with Mild Alzheimer Disease: A One-Year Longitudinal Study" - available at: http://ajgponline.org/papbyrecent.shtml.

Contact:Bennett Blum, M.D.5425 E. Broadway Blvd. PMB #358Tucson, Arizona 85711Telephone: (520)750-8868
E-mail: BennettBlum@aol.com
Website: http://www.bennettblummd.com/

Contact:Irene A. Masiello c/o HealthWise Magazine38-15 Bell BoulevardBayside,
New York 11361
E-mail: IreneMasiello@msn.com
Website: http://www.paradisecosts.com/

Excerpt from Paradise Costs:

".it's absolutely critical that federal laws be amended and new ones be added as soon as possible to address the exploding and horrific issues of abuse and exploitation in probate law, powers of attorney, guardianship, breach of fiduciary duty and conservatorship, thereby, protecting the welfare of the largest number of elders.

Unfortunately, legislation is not a panacea though it is a vital step on a long and rigorous road.

No matter what the laws of the land are regarding elder abuse or exploitation, understanding and correcting the complex dynamics of these types of crimes will involve taking action while increasing education, improving mental health and examining one of the vast social ills that lie at its core.greed.

Materialism and its mantra-'dying with the most toys'-has reached the saturation point having generated nothing but hatred, frustration, social unrest, war, near destruction of our planet and, now, economic chaos. It's a dangerous and endless spiral leading to an abyss of human misery and spiritual degradation-a murky, meaningless blind alley of unconsciousness leading humanity and the earth to the brink of annihilation. It's imperative that we expand our perspective to a more universal understanding of a transcendental tapestry where we are united with each other and, ultimately, nature.

And as a society, it is our moral responsibility to weave the treads of empathy, compassion, decency, equality and human rights into every fiber of our civilization to create a future safe from exploitation or abuse for every citizen.

Meanwhile, the painful reality remains.predators stalk the innocent and the most vulnerable are their victims. Those at risk or victimized, especially the elderly, cannot understand the lurking dangers, walk a picket line of protest, tackle the issues of crime and violence aggressively nor lobby in Washington.

In view of the above, it may make sense, as suggested by a reader of the first edition of Paradise Costs whose deceased brother was a victim, that elder abusers be legally compelled to register like child abusers.

Sadly, the elderly serve to remind us of our own mortality with so few of us comfortable with this inevitable fact of life. The peripheral issue of denial (another deadly social ill) deepens the complexity of the issues.

And in the meantime, victims die ignored, quietly stripped of their dignity and right to life and, often times, in plain sight. Too many line up for the spoils of crimes and dignify their participation with a litany of excuses after what is, realistically, looting the assets of the vulnerable. Accountability must be put in place in a system that fails for ?too many reasons with those proven responsible facing harsh penalties including criminal charges, incarceration, suspension of professional licenses, fines, restitution, etc.

It's vital that the issues mentioned above and demonstrated throughout the pages that follow be viewed as a violation of human rights and solutions be vigorously pursued as such. Paradise Costs is a social and humanitarian movement in book form urging evolution of consciousness to address serious issues now before a worst case scenario manifests the projected numbers and beyond into reality we as a civilized nation cannot nor will not tolerate.

It is to that end this book was written. This is a proactive rally against the painful lessons taught by my own personal history, one many of us can relate to, and by other catastrophic world events that are remembered as blights upon humanity.

Apathy and denial always costs in this 'paradise' known as democracy and everywhere else on our planet.

As President John F. Kennedy once said, 'Let us resolve to be masters, not victims, of our history..' "
© Copyright September 2008-Irene A. Masiello & Bennett Blum, M.D. All rights reserved.
Irene A. MasielloAuthor: Paradise Costs-A Victim's Daughter Fights Back Against Elder AbuseAfterword by: Bennett Blum, M.D.www.ParadiseCosts.comContact: 718.776.5644

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South Carolina Most Violent State in the US

GREENVILLE, S.C. USA

- Despite the fact that the murder rate in Greenville County has held steady in recent years, the violent crime outlook for much of the state is not nearly that good.

The FBI reported Monday that the state of South Carolina has the highest per capita rate of violent crime in the country.

He said many criminals are blaming the current economic situation for their choices.

"They have actually said it's because of the economy -- that they are out of work. They can't find a job. They have to put food on the table. They can't pay for rent," he said.

Abridged for E.A. =>>Source

Related: South Carolina is the second-most-dangerous place to live in the country. Only Washington, DC has a higher violent crime rate.=>>here

100 Top Scientists Call "Appalling" Current Level Funding for Alzeirmer's Pandemic

by BBC News

Author Terry Pratchett has handed in a petition to 10 Downing Street calling for an urgent increase in funds for dementia research.

The petition, which has been signed by 20,000 people, describes current level of funding as "appalling".

The campaign is backed by more than 100 top scientists. The Discworld creator, diagnosed with a rare form of Alzheimer's disease this year, also met Prime Minister Gordon Brown and Health Minister Phil Hope.

The petition, addressed to Mr Brown, highlights that Alzheimer's and related diseases, which affect 700,000 people in the UK, currently receives just 3% of research funding.
Mr Pratchett, 60, said: "We are facing, to use the term said to me by one of the leading US researchers, a worldwide tsunami of Alzheimer's and other dementia diseases.

"There's only two ways it can go: researchers, with as much help you can give them, may come up with something that reduces the effects of this dreadful, inhuman disease, or we will have to face the consequences of our failure to prevent the final years of many of us being a long bad dream.

"The strain on carers and their support is bad enough now; before very long the effects on the health service and society itself, will be unbearable." Following his hour-long meeting with Mr Brown, the author said: "We had a very long and frank meeting, and I have to say I was impressed.

"The Prime Minister joined us and he clearly recognises that dementia is a huge problem."
Huge impact
Rebecca Wood, chief executive of the Alzheimer's Research Trust, of which Mr Pratchett is a patron, said dementia cost the UK economy £17bn a year.
"If scientists could work out how to delay the condition by five years, we could halve the number of people who die with dementia.

"The support from across the political spectrum for an increase in dementia research funding is overwhelming; what other issue unites petition signatories like Lord Rees-Mogg and Tony Benn? "The prime minister must take radical action, and fast."

The Department of Health said the forthcoming national dementia strategy would set out plans to speed up diagnosis, and improve patient care.

It also pledged to increase investment in dementia research, which it said had already been boosted.

USA No Country For Old Men

"A significant number of legislatures have not recognized the autonomy and liberty the U.S. Constitution guarantees older Americans. Many elderly lack the resources, knowledge, and stamina to advocate zealously their own interests and rights relative to the novel issues that accompany old age. Guardianship is the system whereby the state is supposed to care for and protect its elderly citizens who are without the means to care for themselves. Too often, this system--designed to protect the elderly is used to exploit them and rob them of their dignity and autonomy."Mark D. Andrews Board of Trustees of the University of Illinois;

The standing of older people in the community, largely based on age and wisdom, is being eroded as the culture from the “Land of the Gimme-Gimmes and the Home of the I-Want-Mores” which has led to the abuse and neglect of older people by their relatives and their government.

An increase in violent attacks has left others fearful that they will be next and asking: "Why should I be violated at this age by a child that I made grow or have my rights taken away by a system I supported and paid taxes for all my life ?"

If long-term change is to be possible, older people must become the agents of change themselves; feeling able to voice their own stories and having a forum in which to do so.

Please send a note of encouragement and a donation to the people that are making this forum possible EstateOfDenial.Com work appeared in USA Today.com for their Estate Looting of the Rich and Famous (and How It Can Happen to You) column.

We predict tougher times ahead for the property poachers, asset looters, grave robbers and/or walker stalkers who maintain claims of estate abuse are nothing more than disgruntled family members lashing out.

Our most sincere congratulations on the efforts of all that have been there to pick us up when we fall and remind us that the voiceless do not deserve to be muffled or their families vilified or made to look dysfunctional for the sake of paving the way for the looting of their assets.

The Editor of Elder Abuse brings food to an older person during a cold spell in Key West

E.A. wants to thank Eric Baxter for the big contribution he made to our work after we posted the Donate Button on our site. Please help Eric by supporting his work to raise awareness and take a minute to visit his website:

Is This Obstruction of Justice?

Is This Homicide*?

The Crisis that Gave Need For Clara's Guardianship,

"The stories seem to gloss over the crises that gave need to the guardianship and why family members were not appointed as guardians initially." NAG Report "Emerging Trends.pdf =>>

On August 20th 2004 Clara G. Fernandez who was 87 years old and having been diagnosed for Dementia and Alzheimer's was tricked away from her home where she was held incommunicado and isolated under the influence of powerful psychotropic drugs.

Clara friends,immediate family including her husband of 58 years became alarmed and after being turned down for help by law enforcement were referred over to the Florida Family and Children who stated that they did not have police powers and were un-able to do anything to get Clara back re united with her husband and family.

The DCF told Clara's family that the only way to ever get Clara back again was to file a Guardianship Petition.

The Guardianship petition took a while to file and before Judge Von Hof could sign the order that enabled Clara to come home, EMG Emergency Guardianship Petition the perpetrators had left Clara alone in a hotel room where she fell and became paralyzed.

Clara here to enjoyed regular exercise and was in excellent health.

During the time that Clara was held under isolation, the caregiver forced her to sign away her assets under the guise that she had been unfair in the writing of her will.

The Guardianship succeeded in getting Clara home with the people that she wanted to be with, however the Guardianship destroyed Clara's hereto A1 credit by repeatedly paying late on her mortgage thus killing the family's ongoing negotiation to refinance the mortgage and lower her payments by 50%.

We were under the impression that the Guardianship would retrieve Clara's assets.
No such thing ever occurred, in fact Clara's real estate assets were auctioned off on the courthouse steps because non-payment of real estate taxes

The legal cost to Clara starting in 2005 after she was abused and became paralyzed as a result of negligent behavior that was never investigated , Clara was further penalized with legal costs of $56,864 in 2005 and of $25,000 for 2006 the totals for 2007 and 2008 are still being tallied but believed to be in the hundreds of thousands of dollars, is the National Guardianship Association which is run primarily by attorneys going to tell me that this is what an older person that abused can expect in the form of help? and that this is normal and that we the family do not have a right to complaint!

The facts of this case have been exceptionally well documented and all we ask is for a review of the situation so that others that come after us do not have to lose their parents and their rightful legacy that others would like us to believe is more theirs than ours, the immediate family that has always been there for our parents.

Contrary to the report by the NAG we would give credit if credit was due, however these guardians failed miserable in the sacred trust to protect our parents and we feel took advantage of the situation by padding their fees un hindered and un checked without bringing any tangible benefits that could be substantiated in a court of law.

Key West Judge David J. Audlin Favors People Over Attorneys.-Restores Clara's Civil Rights!

Key West, Florida USA

It's now official the ruling has been recorded and Clara G. Fernandez is once again a free woman, no longer will hearing be held before guardian attorneys and their attorneys charging Clara a combined fee of over $800/hour to review her travel plans every time Clara wants to visit family. No more late charges of $76.00 per month on her mortgage payment, and no more utilities disconnections, as control has been returned to Clara's immediate family!

During a hearing before the 16th District Court Judge David Audlin ruled that the Guardianship of Clara G. Fernandez was costing too much money and bankrupting the finances of the Ward and her family.

Judge David J. Audlin placed the interest of Clara G. Fernandez who had exhausted her financial means in an effort to regain control over assets allegedly taken from her trust and ruled to end this controversial Guardianship.

Attorneys presented their bills in one more attempt to benefit from Clara's unfortunate chain of events that left her incapacitated and dependant on others . Attorneys argued that Clara still had money left for attorney fees but failed to provide any proof of where they felt Clara had this money.

Judge Audlin moved in favor of the ward by ending the Guardianship that was destroying the lives of the family in a long multi year battle to end the Guardianship.

The Judge ruled that Clara's G. Fernandez prior planning documents were sufficient to allow for a less restrictive form of governance and by restoring Clara's civil rights, she will be able to travel freely, to choose her life style to the extent to which she is able and most of all be able to enjoy her social security income for her needs instead of it being re routed for attorneys fees.

The 16th Judicial Circuit Court Judge has proved that he is not afraid to stick up for the underdog when he feels is in the best interests of the "Ward" and made national headlines recently when a 13 year old boy with special needs who had been raised by a couple since 2001 were allowed to adopt the boy. A social worker who conducted a home study "highly recommended" the man and his partner be able to adopt the boy. The attorney general and Department of Children and Families did not get involved in the adoption case because the foster parent had already been granted guardianship. News 13

In Fairness to the Courts : It is not easy being a judge and unfortunate that the public usually only hears about the bad judges. And while this forum attempts to expose attempts to expose the reprehensible acts of corrupts courts and their cronies, it is important to be fair to the many under appreciated law abiding judges and court employees that are grossly under compensated and must rely on unnamed staff who sometimes carry their own biases and improper political agendas. So lets expose and eradicate the corruption, but we are socially obligated to consider (1) How to get our judges adequately compensated;and (2) what specific and constructive suggestions can be made and implemented to insure the integrity of our courts. Send too ideas to make the courts a better system for all of us!

Related:Judge David J. Audlin Rules for the People

-------------------------------

We are very grateful and highly respectful and full of admiration for Judge David J. Audlin who in spite of being mislead by the Guardian and his attorneys was able to cut through the morass of vilification and see through it all to restore Clara to live with dignity and respect and with the right of self-determination in the love and care of her immediate family as indeed it should be.

-------------------------------

They turned her loose and set her free

Congratulations to Clara Fernandez for having escaped the constraints of an unwanted guardianship. We also applaud her son, Ray, whose tireless advocacy on behalf of his mother helped make this possible. Through his web site, ElderAbuseHelp.org, Ray has done much to create awareness and expose the looting of estates taking place within probate venues through the use of guardianships, trusts and wills.

It also is gratifying to see a case in which credit for doing the “right thing” can be given to a member of the judiciary. Be sure to read Ray’s comments regarding Judge David Audlin. We need more like him.

While we celebrate this well-deserved victory for the Fernandez family, we must also once again thank Ray for his tenacity in exposing those who prey on the elderly and/or disabled in order to redistribute assets in a manner contrary to their wishes. Many associated with the legal industry would prefer sites like ElderAbuseHelp.org to go away.

Thank you Ray for all your efforts as well as for serving as an inspiration to some and a “voice” for many others.

Rick Courant Comes through for Connecticut Woman Held Against Her Will In Forced Guardianship

By EstateOfDenial.Com

Good news for Marilyn Plank, the Michigan woman who was being held in Connecticut due to a questionable guardianship. Rick Green of The Hartford Courant is doubtfully on the Christmas card list of many Connecticut probate judges, but for those of us committed to exposing the corruption associated with too many probate cases, thanks once again, Rick, for helping to “shine light on the dark side of estate management.”

And speaking of “dark sides,” the last years of Brooke Astor’s life are receiving additional “light” with the release on a new book entitled Mrs. Astor Regrets. The trials of Tony Marshall and Francis X. Morrissey Jr. are scheduled to begin in January.

Another installment from the “Land of the Gimme-Gimmes and the Home of the I-Want-Mores”

“I don’t believe any moral case can be made for the forcible use of one person to serve the purposes of another. But that conclusion is not nearly as important as the fact that so many of my fellow Americans give wide support to using people.”

We have long been fans of economist Walter E. Williams and this quote exemplifies why functionally conservative Americans view Dr. Williams as an incredible articulator of historically traditional American values. In fact, the quote which opens our introduction to the concept of Involuntary Redistribution of Assets (IRA) via probate venues and/or probate instruments comes from Dr. Williams and is again reiterated in this new column. That many Americans are comfortable with forcibly taking the resources of others is a point that should cause great concern. And we would also submit that in addition to liberals, the “so many” people to whom Dr. Williams refers include many “conservative talkers” whose daily life performance often fails to reflect their rhetoric as personal gain opportunities arise.

In We Have Become a Nation of Thieves, Dr. Williams expounds on the “evils” he associates with socialism and forcing people to serve the purposes of others. He points out how many Americans are comfortable with taking the rightfully-earned property of some and involuntarily redistributing it for the benefit of others. That should sound familiar for regular readers of this site.

All we would add is to once again remind folks that traditionally, the “forcible use” of people’s assets was associated with government taking resources from productive people in order to redistribute them to the non-productive. EstateofDenial.com cautions that similar “forcible use” acts are occurring as the resources of the dead or disabled/incapacitated are targeted for redistribution in a manner contrary to that intended by the asset owner.

If you missed it, be sure to check out our latest column, Estate Looting of the Rich and Famous (and How It Can Happen to You). This piece explains the IRA concept as well as how looting tactics and mechanisms of high profile cases are being used to target estates of more modest values - like maybe yours!

Judge David J. Audlin Rules for the People

It is refreshing to see that some Judges have not forgotten that they are there for the people and not the other way around. In a surprise ruling Judge David J. Audlin made a ruling that has the "Control Group" fuming when he favored the constitutional right of the people to "Life, liberty and the pursuit of happiness." this is the same group that is always complaining about how there is no affordable housing in Key West yet just thinking about renting the un used part of your home can get you a court date.

This is the story of a Judge that is not afraid to rule on the side of the people "We need more like him."

See story below....

Key West,Florida USA as published in the Key West Citizen

Monroe County must appeal an October circuit court decision in a case involving an illegal downstairs enclosure, or else it will be hobbled in its ability to enforce all code violations, according to the assistant county attorney.

Bob Shillinger on Wednesday is expected to ask the County Commission to appeal Judge David Audlin's decision, which overturned Code Enforcement action against Big Pine Key horneowner Sandra Carter. The county previously had found Carter in violation of a county law that prohibits living space below flood elevation in homes built in flood zones.

County law has prohibited habitable construction below flood elevation since 1975, but it stepped up enforcement of the ban in 2002 after the Federal Emergency Management Agency (FEMA) threatened to expel the county from the National Flood Insurance Program. The ban does not apply to unfinished storage space.

County officials fear Audlin's ruling, which requires that Code Enforcement officials specify when a code 'violationoccurred, will impair the ability to enforce all building codes.

"[Enforcement becomes] an impossible task in light of the fact that virtually all violations are not committed in the presence of a code inspector," Shillinger said.

"The court's ruling imposes an impossible burden on Code Enforcement. If the circuit court's decision is permitted to stand, it could severely limit the county's ability to use the current Code Enforcement system to resolve violations of the county code."

Under long-standing case law, administrative proceedings — such as Code Enforcement special magistrate hearings — are not as formal nor require the same level of procedural due process as civil or criminal proceedings, Shillinger added.

County Commissioner-elect Heather Carruthers agrees with Schillinger's assessment.

"You have to appeal it or basically there is no way to enforce the code," she said. "The ruling is dangerous from a public policy perspective. That is why the county has to appeal. ... I feel sympathy for people who went to The county and got permission to build [enclosures]. The people who knew the rules and violated them, that is a different story. I hope there is a way to help people keep permitted downstairs enclosures."

Carter's attorney, Lee Rohe, contends the ruling only "takes the burden off the owner and puts burden on the county." The case should have been dropped because it was so old, he said. In that case, witnesses to the violation moved away or died of old age, he said.

"Some of the homeowners are third, fourth or fifth owners of the home after the construction took place," Rohe said. "The present owner has no idea when the violation tookplace. He is forced to reconstruct what happened."

Commissioner George Neugent on Monday said he is trying to arrange a meeting with FEMA officials to discuss modifying the county's inspection program.

He said he would request that the county be required to inspect homes for illegal downstairs construction only when the home is sold or when the owner is renewing a flood insurance policy. Currently, the county may inspect the home for illegal downstairs enclosures whenever a propertyowner applies for a construction permit.

"In no way do 1 want to jeopardize the existing flood insurance program," Neugent said. "I know it's a sensitive issue."

The National Flood Insurance Program offers government-subsidized flood insurance to owners of properties in flood-prone areas, where private sector insurance is prohibitively expensive.

In December, a resolution addressing the issue of downstairs enclosures is expected to go before the County Commission. Citizens not Serfs, a citizens group seeking to change the FEMA-mandated regulations and the county inspection program, has been working with Neugent on the resolution, Citizens not Serfs Executive Director Shenna Collura said. Details of the resolution are still being decided, Collum said.

County Commissioner Mario Di Gennaro also has been supportive of the group and its members.The commission will meet Wednesday at the Key Largo Library. tohara@keysnews.com

Related:Key West Judge David J. Audlin Favors People Over Attorneys.-Restores Clara's Civil Rights!

Letters to Editor- Corinne Bramson

I have bad news for all of those who are victims. Last night I was informed that FOX will NOT put my mother's story on. They have been pressured by the evil doers of guardianship.

They have been told by the guardianship and The evil grandchild that my mom was incapacitated by the panel of 3 who were sent in by the courts. The fact that Doctors who actually knew and treated my mom said differently seems to be wiped out.

Chad Tendrich and I say his name, I hope all of you call the station and complain that making FALSE and UNSUBSTANTIATED allegations is illegal and yet the states and probate courts all over this country are allowing these people the right to get our parents entangled into the system based on lies.

When you become 93 you are naturally handicapped but does that allow people to use age to put them into guardianship so that they ate stripped of all rights and their life savings?

Even though my mom had 4 doctors( one who was her doctor for 10 years) that said she was in full capacity . I now ask that all of you need to give a polite call to Suzanne Boyd , who was forced to drop this story and tell her this is WRONG. The media is pathetic.. Guardianship is imposed not because you get old but it's intention was to protect the elderly from abuse, and Chad Tendrich made accusations in a court record saying untrue accusations and now I will have to go and start an action to prove that he clearly lied to the court to put Corinne Bramson under guardianship so as to try and stop Corinne's charges; that his mother, Jackie Tendrich, stole money, committed grand theft and identity theft against her. I have the police report and plan to publish it.

I ask everyone to call and complain that to not tell this story is wrong. Her number is 561 881 0755 Suzanne Boyd.

She needs to know that all those who put elders into guardianship will tell lies and that guardians will NOT side with those who are not going to allow their loved ones be exploited by the guardianship system . Please be polite but passionate. I am truly saddened that Corinne Bramson was forced into guardianship ,stripped of her rights lost over $250,000.00 in legal fees and was killed by the guardian because they chose to put Corinne into a Hospice program under a false diagnosis and killing her in 12 days with morphine. This outrage must be told.

Please have anyone you know call the number I gave and tell Miss Boyd that it may be "safe" to not tell this story but it is immoral not to. It is too easy to put people into guardianship and that must be changed because once you are in temporary guardianship you never get out. We should call for prosecuting those who make false and unprovable accusation to get the elderly into this outrageous program and when their allegations cannot be proven those making the accusations should be prosecuted for false witness and they should be put in jail and fined.

I am going to see if we can call for such a law....prosecution of anyone who makes an untrue or unprovable accusation that causes an elder to lose all rights and live the life out without quality or civil rights by being forced into Guardianship should be sentenced and fined, We must liken it to the law that is already in place that makes screaming "FIRE" in a public place when there is no fire ILLEGAL.

I am so angry but even more committed to getting out the word. Name the names in your calls. Caresource, of Ft. Lauderdale Fl, is the guardian who placed Corinne into Hospice without proper diagnosis or documentation. Hospice by the Sea allowed her to enter the program and had Corinne sign herself in even though she was under temp guardianship. Chad Tendrich lied when he claimed in an ex-parte hearing that Corinne Bramson was in imminent danger when she was actually living freely in an assisted living facility.

I am now learning, don't be afraid, name names, out these vicious greedy corrupt people. We must take back our right to live out our lives without the government stripping of us of human rights and dignity.

I cried last night not just for my mom but all the moms and dads to be tortured and stolen from. because the system enables this process to continue. I also cried for all of us who might one day be the next victim of this injustice. In Nazi Germany those not being tortured later lived to find themselves being tortured but it was too late.

Please, send this open letter to anyone who you think will care or be willing to call FOX and complain. To do nothing is to give this nightmare law more and ever growing law more powers and stifle our basic human right. G-d help all of us and this country , we surely will need it.

Bonnie bonnie.reiter@yahoo.com

Estate looting of the rich, the famous and you!

We’ve got a new column posted which provides analysis of three high profile estate disputes and discusses how elements of these cases oft times trickle down to estates of more modest values. As our upcoming administration advocates “spread the wealth” policies, EstateofDenial.com and ElderAbuseHelp.Org fears this will only help to embolden the entitlement mentality already entrenched and active within the Involuntary Redistribution of Assets (IRA) cases that we follow. It, therefore, becomes all the more important to understand the strategy and mechanisms available within probate venues and/or instruments commonly used by IRA perpetrators.

Let us know what you think!

Family agreed to a Guardianship ! OOPS

A Brooklyn family says they had no idea what they were getting into when they agreed to let an agency take control over an elderly relative.

Now, the family is fighting to get control back.

This is an issue faced by an increasing number of families. Older relatives who can no longer take care of themselves, who should become their guardian?

eventy-three-year-old Leola McAllister now lives in a sparsely furnished Brooklyn apartment. She's paying $1200 a month in rent, even though she owns a three-family home in Bed-Sty that she lived in for 30 years.

"This is not what I wanted for my mom. I wanted my mom to live her last days in peace and harmony where we can take care of her and provide for her," her daughter, Tammy, said.

She and her two aunts couldn't agree on who should become guardian when Mrs. McAllister started deteriorating dangerously from Alzheimer's disease.

The family says they were referred to an attorney who recommended a court-appointed guardian, a non-profit agency called the Vera Institute, which has offices in the courthouse in downtown Brooklyn.

"They convinced us, along with our lawyer and judge that they were the perfect people to take over that way we wouldn't be family conflicted," Mary Sargeant said.

But Mrs. McAllister's family says they became alarmed when the agency moved her out of the home she had shared with Tammy and placed her in a sterile apartment, and then started spending thousands on 24-hour home-health care aides - $66,000 in 2007 alone, plus more than $14,000 for rent.

"Why pay rent when you can use that money to make repairs in the house that she owned?" McAllister's sister, Patricia Prescod, wondered.

"I was telling them with the money she had, they could have easily got the repairs done. But they couldn't care less. Their whole aim was to get the property, sell it, and put her in a nursing home," Mary said.

The family doesn't understand why Mrs. McAllister couldn't have stayed in the comfort of her own home and rented part of it out for income. In one year, the guardianship depleted more than $123,000 of Mrs. McAllister's money.

"They were sending us statements from time to time and the money was going very fast," Mary said.

The family asked their pastor, Edward Lanham, to review the guardianship's expenses.

"If you do calculation, the expenses from my numbers exceed $12,000 a month; some families can live off of half of that. That's excessive," he said.

To pay for her increasing expenses, the guardianship is now selling Mrs. McAllister's house and an adjacent vacant lot she also owns. Her daughter, Tammy says she was ordered by the guardianship program to move out. She rented a small van and took what she could, moving into a nearby public housing development.

"They booted me and my kids out of the home," Tammy said. "What I want is to be able to take care of my mother. I would love for this whole thing to be reversed and turned around."

Tammy and the aunts say they went back to court to try to reverse the guardianship.

"We tried to reverse it, but we were told by the judge and the lawyers that it was a no, no," Mary said.

They then demanded a meeting with the staff of the Vera Institute, but afterwards told us they didn't get all of the answers they wanted.

"They're spending up her money, right? What's going to happen at the end? They're going to throw her in a nursing home?" wondered Tammy, frustrated that she would have no say in what happens.

The Vera Institute gave us this statement: "We make every effort to include families in our decision-making process. When we are unable to reach consensus with family members, we are always willing to go back to court and conference the case with the court. Everything we do is subject to the scrutiny of the judge who appoints us as guardian."

"We would like to have my sister back and every nickel these people spent of hers. We would like to have it back," Mary said. "I feel that she has been robbed and taken advantage of and it hurts to see my older sister suffering from this disease& and to have someone take advantage of her, its very hard. It's very stressful."

"I just pray and hope that this doesn't happen to anyone else, because this is& it's very devastating," Tammy said. "Don't let strangers take over... because they will just do as they please."

Mrs. McAllister's family has now filed court papers demanding a hearing before the Guardianship Judge.

Experts warn that the role of a court-appointed guardian is to make sure the client is safe and taken care of. They are not financial or investment advisers or contractors. Families need to really do their homework.

Watch Video: Losing Guardianship

My family also agreed to a guardianship, the Florida District of Children and Families told us that it the only way that we would ever see our Mother again, she has Alzheimer's and was tricked into being isolated against her will. After the Guardianship was agreed to our mother was financially and emotionally raped.

I have never been even close to being through such a dehumanizing and humiliating experience and feel the court appointed guardian did not do enough to investigate the abuses alledged or garner the assets of the ward , but rather concentrated in running up legal fees for results that just weren't there.

As a businessman I realize everything is relative, high fees are justified if results are there, otherwise just raping an estate and padding fees is an insult to hard working families who help build this country.

Help! I need somebody!

“When I was younger so much younger than today…” Our next line to that song would have to be “things I once believed in now they all have gone astray!” And so would seem the case for many Americans today.

People paying attention generally feel helpless as our country proceeds down what many of us consider to be an incredibly dangerous path. But having your future looted by self-dealing opportunists is not an uncommon experience for targets of Involuntary Redistribution of Assets (IRA) acts via probate venues and/or probate instruments such as wills, trusts and guardianships.

Below is a letter recently posted at ElderAbuseHelp.org. This letter and recent exchanges regarding another New York state guardianship abuse case involving a young ward and his family serve as important reminders that IRA cases are not just about the elderly.

Dead, alive, old, young, healthy or not. These are the categories of people being subjected to asset looting. We’ve written in previous posts about the ignorability of this issue - from both the “can’t be bothered” public and elected officials theoretically accountable to their constituents.

IRA targets are desperate for help, but help is not on the way. Sites like EstateofDenial.com, ElderAbuseHelp.org and others will continue our advocacy efforts, but who knows to what avail. The response provided to this plea is sad, but completely truthful.

Just sounding the alarm one more time.

UK takes Drastic Measures to Ward off Massive Foreclosures

In the other side of the pond measures to stem the number of repossessions as Mr Brown and Alistair Darling desperately try to soften the impact of the recession on families and businesses makes me wonder how bad will things have to get for the U.S to pass similar measures?

UK's Chancellor will announce on Monday that struggling homeowners will be given three months’ grace before lenders start repossession proceedings to give them time to renegotiate loans and seek financial help.

Schemes brought in three months ago allowing owners to sell parts of their homes to councils and to help the newly unemployed with their mortgage interest payments are to be widened and improved to make them available to thousands more families, The Times has learnt.

Banks are being told to let people in difficulties stay on in their homes, and the nationalised Northern Rock, which is said to have followed aggressive repossessing practices, has been told to change its ways. Courts are being told to consider alternatives before issuing repossession orders.

Source=>>

Financial Survival Tips.-Panicked Investors Send Gold Demand up 56%

As E.A. readers know our interest is not only exposing abuses and being a mouthpiece for the ones that do not have a voice but our concern has been yours and our survival. So to that end we will continue to research and bring you high quality Radio Shows and articles of the best on top of their game that are relevant to your survival when and as the ocasions demands.

Panicked investors send gold demand up 56% by Catherine Boyle as published on the Times On Line on 11-20-2008

Demand for gold smashed the previous record in the three months between July and September as fearful investors switched funds from the stock market and savings into ingots and coins, often storing them at home as their trust in banks fell.

New figures from the World Gold Council (WGC) show that investment demand for gold rose 56 per cent to 382.1 tonnes for the third quarter as investors sought safe havens away from the stock market turbulence.

Dollar demand for gold reached a record of $32 billion (£21 billion) in the third quarter – 45 per cent higher than the previous record, set in the second quarter of this year, according to the data compiled by GFMS, the researcher, for the council.

Philip Olden, managing director of the WGC, said: “A lot of this is being driven by retail investors in Europe, who have been scared off the stock market. They are either taking their gold bars and coins home or putting them in safety deposit boxes at the bank.” European investors bought a record 51 tonnes of gold bars and coins as European banks reported huge write-downs and France became a net investor in gold for the first time since the early 1980s. There has been a shortage of gold coins as the fabricants who make them did not anticipate the high demand, according to Adrian Ash, head of research at Bullion Vault.

The United States, India, Switzer-land and Germany reported the biggest rises in gold investment as Lehman Brothers collapsed and the US Government announced it would have to bail out the banking system.

Gold is easy to invest in for individuals who might find a broker too pricey, as they can buy gold coins and bars through online dealers. Turnover at Bullion Vault, which allows retail investors to buy 400oz ingots, rose five fold in the year to October 31.

The price of gold spiked at $910 per ounce in early October and has since fallen to about $740 per ounce, as cash-strapped hedge funds have been forced to sell assets. The WGC said: “Gold is one of the few assets remaining that could be sold at a reasonable price to meet margin calls on other, worse-performing assets.”

Peter Spina, an analyst for Gold-Seek.com, said: “Funds that would like to keep their asset of last resort are being forced to sell. This is causing weakness in the paper gold market price, but it is not a true reflection of the physical market.

“There will be more victims of the fund collapse and more forced liquidations even if it requires selling your most desired assets such as precious metals. Once this process works itself through, the true market prices for gold will readjust.”

Recomended Reading : Buy Gold at the Bullion Vault

THE GREAT DECEPTION AS GOLD HIT ALL TIME HIGHS

Ten ways to profit from gold

Our Elders Deserve More Consideration Than They Currently Get Under Curent System

by Rick Green as published in Courant.Com

I bring you another story about a probate-court kidnapping, another warning of the injustice unfolding in this dangerous, antiquated judicial system.

The tale of 85-year-old Marilyn Plank is a chilling example of why the renegade probate courts must be reined in.Plank, a mentally and physically fragile woman and lifelong resident of Michigan, was stealthily moved to Greenwich by two of her daughters via private jet in May 2007.

She was not a resident of the state of Connecticut.She does not want to be here.

But with the assistance of some slick lawyering, daughter Linda Higgins took control of her mother's assets. Along with another sister, she brought her mother to Greenwich, unbeknownst to three other sisters living elsewhere. One of seven children fighting over control of the family's 1,600-acre ranch in Michigan, Higgins moved the elderly Plank to an assisted living facility in Greenwich. Just days before, she signed a lease in Plank's name.

Plank, court documents say, was told she was going to a hotel. She had left her home in Michigan thinking she would visit a grandchild in California for a few days.

Within days of her arrival in May 2007, Greenwich Probate Judge David Hopper appointed Linda Higgins as temporary "conservator of the person" for her mother, based on the fact that there was a lease with Plank's name on it. That means Plank lost her civil rights.

"The statute is absolutely clear," Superior Court Judge Joseph T. Gormley Jr. stated in 2006 in the infamous case of Daniel Gross, another victim of probate-sanctioned kidnapping. "You can't appoint a conservator of someone's person unless that person is domiciled in the state of Connecticut or resides in the state of Connecticut."Hopper has had numerous chances to correct the mistake of May 2007. For the last eight months, even the plea of a permanent conservator
appointed in July 2007 has gone unanswered."Sooner or later the court will review the domicile of Mrs. Plank," that conservator, Richard J. Margenot, wrote in a brief filed in March.

The law "requires the court to review the domicile every 60 days.""The evidence overwhelmingly supports her wishes. She has friends [in Michigan] that came to probate court … and talked of Mrs. Plank's extensive involvement in her community.""Even through her dementia, Mrs. Plank is consistent in her statements about returning to Michigan," Margenot wrote earlier this year. "A conservator must listen to the wishes of the conserved individual."

"Not only does the evidence support a return to Michigan, it is in her best interest that she do so."Meanwhile, Plank's expensive care in Connecticut — about $9,000 per month at the Greenwich facility — and the fees of numerous lawyers working at $300 and $400 an hour have steadily depleted her estate.

Margenot has concluded that "every day spent in Connecticut puts Mrs. Plank deeper into financial chaos."For a time, the three sisters fighting to move Plank back to Michigan hired state Sen. Andrew McDonald as their lawyer, until they ran out of money. McDonald has been at the forefront of probate reform efforts in the legislature, where he co-chairs the judiciary committee."There is no question but that this court lacks jurisdiction over Mrs. Plank, a citizen, domiciliary and resident of Michigan," McDonald wrote in a brief filed in July 2007.

Plank "has repeatedly expressed to various persons" including her aide, lawyer, pastor and friends that she wants to go home.Plank, McDonald concluded, "was brought here without her consent, admitted to a nursing home under the guise that it was a hotel, and has essentially been incarcerated in a locked facility.

"Maybe Hopper will reconsider. Perhaps Judge Paul Knierim, the new administrator of the unwieldy 117-court probate system, will tackle this rogue judiciary.In the meantime, remember that Marilyn Plank is not an exception.

She is a symptom of a sick court system that unblinkingly sanctions and enables the kidnapping of the elderly and infirm.

• Rick Green's column appears on Tuesdays and Fridays. Read his blog at courant.com/rick.

80 year old retired Military veteran lost 5 years of his freedom: His Civil Rights

As the Jury asked their one question of the court, “Why has it taken Five years to give this man his trial?” And then return their Not Guilty verdict for the 79 Year old Mr. Evans Abington Virginia, Nov. 14th - In a 2nd major crushing loss Government prosecutors which pursued Mr. Evans conviction for five years, a jury in Abington Virginia failed to return guilty verdict Wednesday on a criminal charge against a 79 Year old Military Veteran; an innocent man falsely accused of being a terrorist!!! How that could have happened to a 79 year old, US Military Veteran? A USA 20 year Veteran Falsely Accused Of Terrorism!!!

Where Is the American Freedom, "The Star-Spangled Banner?” The Freedom it represents, land of the free , the blessings of liberty, In a 5 year Fourth Circuit case, United States v. Evans shows the ludicrousness that attaches to the prosecution of crime when criminal intent is disregarded. Mr. Evans 74 year old veteran went to the Rural Development Agency office to complain about a wrong past due notes on a USDA housing loan, Evans became upset and angry with a clerk at a (RDA).

Evans advised them that he was not attempting to threaten the employee, but instead “the system.” Mr. Evans Lost is last remaining bother, Donald a war Hero; died 12 Jul 2005 in, Nevada; which Mr. Evans never got to see while he was in False imprisonment, Mr. Evans Health Conditions

-His health is failing; He had lost over 40 lbs, he suffers from diabetes, poor circulation, High blood pressure, skin cancer and very little exercise was not allowed, He was not receiving proper medical treatment. -He has been miss-treatment by the Guards & deputy Sheriffs at the Bristol, Roanoke City Jail and Butner as well as violations of his rights, as to constitute cruel, inhuman, or degrading treatment, violating article 7 of the International Covenant on Civil and Political RightsIn 2002 the circuit court of Carroll County, Hillsville took over $100,000 Mr. Evans property in a missed miss handled first test and only case for meeting city cleaning and property ordnance and then Hillsville County Administrator of Carroll County, allowed all the property to be vandalized and destroyed as well some of property is missing and stolen. • (All of the Boat Motors were stolen, Tires, wheels were stolen, all the car trunks had been broken into and all Items stolen, all the vehicle car hoods were broken into and parts stolen from the engines. As well all the windows on all vehicles were broken out) •All the 9 Vehicles, 3 trailers and 5 boats which were being secured and protected by Carroll County, Hillsville administration allowed all of Mr. Evans property to be vandalized and destroyed. •Note an investigation was performed by the Hillsville Police on the property that was vandalized, but there was no determination by the police on who vandalized the property. He has already lost 5 years of his life, his Social Security Benefits, his personal property, his savings and his home in VA. In which the Rural Development Agency (RDA) office in Wytheville, Virginia auctioned off in April 2006. Abominable conditions of Evans confinement; Spending 1, 778 days of his life lost in the system!

Evans case was in limbo for 5 years now, awaiting what the last step his freedom; Evans now 79 years and was just released from prison on 26th September 2007, and now finally free on the 14th of November 2007.New River Jail: Mr. Evans placed in a prison Pod (no larger than a court room) with 112 inmates, where sleep on the floor four months and where the Two convicts were working as Government/FBI informants; Conspired with the FBI falsely claiming as well as accusing that a 79 year Old retired Military Veteran Mr. Evans, wanted to kill a Federal Judge, in order for the Two convicts to have their more than 20 year sentences reduced.Bristol Jail, Virginia: Evans has held in isolation at the Bristol Jail, Virginia for most 2004 & 2005 in solitary confinement in his 5 x 8 ft concrete cell for 24 hours a day, where he shredded news papers into 15 inch squares pads woven together and stacks the woven pads on top of each other in order to elevate his swollen feet to reduce the swelling from where he suffers from diabetes, poor circulation, High blood pressure and very little exercise.. Also Evans described in letters from where he was held at Bristol Jail, Virginia of where a young 19 year boy hung himself in his cell which had a 7/24 hr surveillance camera. In letters from Evans, where he spent most of 2006 in solitary confinement at the Roanoke City Jail, VA

Roanoke City Jail, VA: In letters from Evans, where he spent most of 2006 and the first part of 2007, in solitary confinement at the Roanoke City Jail, VA. Where Evans describes mistreatment being like torture, verbally harassed on his cell intercom, scalded, humiliated, brutalized by six guards and showered soaked in his cell, while the guards allowed other inmates to throw water in cell for 4 weeks during Christmas and the new year, as well as Evans reports that he was totally confined to cell in February2007 with out privileges’ to shower nor shave, in a way that sounds (reminiscent of Guantanamo and Abu Ghraib.)

Are the erosion of fundamental Constitutional Rights, human rights and the civil liberties occurring in the United States of America, Freedom to Fascism? Psychiatrists were frequently employed by the Communist Soviet Union to forcibly drug any citizen, to cover up mayhem, where dissidents were often declared insane, then drugged and imprisoned in psychiatric hospitals prisons to keep them quiet to silence critics, but Evans an veteran who severed in Strategic Air Command and who fought against the communists in WWII, Korea and Vietnam never expected such tactics to be used by our own government. For speaking his mind “He stated that the United States was heading towards communism and was not a free nation any longer.”

As well as voicing his opinion, could be deemed subversive and mental your condition questioned by the Government. Which now can get you long terns in prison these days as in the sorry methods of our government as it plays games with American citizens., the rightist of the right-wing courts, upheld Evans detention, much as they had done in the numerous case before and increasing case now, as Evans has learned over 5 years of incarceration, the government civics lesion of this present Administration, thinks it can walk all over the Bill of Rights” your rights” and get away with it. When one plot fails, they have another up their sleeves. And when they run out of tricks, they turn their energies to making a criminal case against you, all in the great cause of liberty and justice for all. " AT THE HEART OF FREEDOM OF SPEECH LIES THE RIGHT TO SPEAK OUT AGAINST ABUSE AND TO VOICE UNPOPULAR AND EVEN POLITICALLY IN CORRECT OPINIONS” Evans has already lost 5 years of his life, his Social Security Benefits, his personal property, his home and his savings. Yes Maybe Mr. Evans alleged Comments were right, “the government was out to get him” as well as his comment to the RDA agent “He stated that the United States was heading towards communism and was not a free nation any longer.” Is there no accountability for this type of Bush government and the federal judiciary that enforces the government’s political agenda politics, transgression to Soviet and Nazi Era? Instead of investigating and punishing the real criminals… murderers, thieves, rapists, federal officials are moving heaven and earth to avoid a public trial that should expose the fact that a man has been held in prison so long without a trial for speaking his mind, “United States was heading towards communism.” With blessing of the court, they can force an individual with whatever potion MIND-ALTERING DRUGS the government’s doctors wish to use to experiment with, in an attempt to mold a person’s will to the government’s purposes. Of course, most of us realize that injustice like this happens in third world dictatorships, but this is happening right now in the United States.Apparently, attempting to maintain the appearance of a fair judicial system is more important than the fundamental right to a fair trial. It appears to be an example of an abuse of power and judicial corruption. Is there justice for all in the United States of America, or just courts that do the bidding of the connected?You be the judge.

“America should applaud the real patriotism of public defenders and especially the Jury team “The Public Defenders who delivered there two major crushing losses to the Government prosecutors; The Public Defenders that worked so hard over the past five years to investigate this complex criminal Government conspiracy scheme and uncover the truth of the false imprisonment of Mr. Evans as well as bring the wrongdoers to justice.”

Source=>>

A Last Will and Testament is not Adequate

Dr. Irwin Weiss MD , Why?

Because existing laws do not adequately protect such individuals against other persons (typically family members and lawyers) who would wrongfully exploit their diminished mental capacity so as to influence them into signing new wills or other legal documents, including codicils, deeds, and trusts.

Basic facts:* The more infirmed one is, the more susceptible one is to fraud, undue influence, and other wrong doing.* Fraud involves deception* After a person dies, it is too late to question him about suspicious documents signed under unusual circumstances.

Page 9 of the Ohio Physicians' Elder Abuse Prevention Project Report explicitly notes* older adults are particularly vulnerable to this type of mistreatment, and* financial exploitation should be considered if the patient has suddenly transferred assets to a family member.

Related: When this this become acceptable behavior in the U.S. of America?

When There is a Will

"The greatest trick the devil ever pulled, was convincing people he didn’t exist." - French poet, Baudelaire, February 7, 1864

Open Letter from Journalist Janet Phelan

To Whom it May Concern:

I am appealing to the Department of Justice due to relentless and increasingly lethal persecution by the authorities in the United States. By way of brief introduction, I am a U.S. born journalist. My publication credits include the Los Angeles Times, The Santa Monica Daily Press, the Long Beach Press Telegram, the Venice Beachhead, Orange Coast Magazine, Oui Magazine, the American’s Bulletin and elsewhere. Most recently, I worked as an investigative reporter at the American’s Bulletin, from July 2007 to August 2008. During that tenure, I picked up two radio shows, where I have been the primary host. One of these is in Ashland, Oregon at KSKQ and one is syndicated through Republic Broadcasting Network in Austin, Texas. I have written articles revealing a number of negative eugenics programs in the U.S., which are in varying levels of development and deployment, where certain groups of people are being targeted for early demise in different manners, depending on the program. I am being persecuted for my political beliefs as well as my bravery as a journalist, in dealing with issues that are patently dangerous to speak out about. The police are becoming so brazen in their behavior towards me that they don’t seem to care how many laws they break, or who knows about it.

The problem with misconduct by U.S. authorities began in late 2000, around the targeting , attempted murder, subsequent kidnapping and untimely death of my mother, Dr. Amalie Phelan, a clinical psychologist who had been living in Temecula, California. By way of documentation, I have attached a report which I tendered to the California Attorney General’s office in 2006, concerning what happened to my mother, then to me, as I attempted to protect her and to go public with the highly illegal machinations she suffered at the hands of the California justice system. This document (Exhibit 1 ) contains external documentation substantiating my allegations of repeated and illegal denial of constitutional protections afforded U.S. citizens. These denials resulted in her death. I barely escaped with my own life.

The letter from Senior Assistant Attorney General Mark Geiger (at the end of Exhibit 1), acknowledging receipt of the report, itself reveals the continued failure to protect by the justice system; to wit: Mark Geiger, while peculiarly professing inadequate criminal expertise to deal with the complaint, also failed to provide a complaint number. When I brought this to his attention he simply refused to supply one. This is significant for the following reason—A complaint number is assigned for tracking purposes, by the justice agency. If a number is not assigned, the complaint is not in the system and has thus been “disappeared” or is placed in a “shadow” file. Geiger’s refusal to appropriately track the complaint reveals that the justice system again failed—no, refused—to allow appropriate access to legal redress in regards to both my mother’s and my plight.

I cannot provide adequate external documentation that I was assaulted by the police and in a coma for two days, by Officer Loren Dawson of the Long Beach Police Department and other officers of the law on January 3, 2003, even though this is a fact. The hospital records have been corrupted and do not reveal the facts surrounding my hospitalization at that time. Not only is the date off by a full calendar day, but I did not refuse to sign the admission papers, as the hospital records state. Rather, I was unconscious at time of admission and was unable to sign any papers. The rest of the hospital records are similarly fabricated, so it serves no purpose to provide them as documentation. I have made a report to Internal Affairs of the Long Beach Police Department on this matter. A friend accompanied me to the station for the interview, which was taped. I am now told that no such tape exists, although I am told there is some record that I made such a report.

In the intervening years between what is documented in Exhibit 1 and the recent efforts by the Medford, Oregon Police Department to frame and arrest me, there has been further misconduct by the justice agencies towards me. There exist more court records, in Riverside and in Santa Monica Superior courts, concerning civil issues revealing the continued revocation of my rights under the U.S. Constitution. For the sake of brevity, I refer you to my application for a Temporary Restraining Order in Spring of 2006 against one Timothy Patrick White, who is an FBI informant. Parenthetically, White will pop up again, in the Medford situation. Tim White had made a written, signed death threat to me in 2006. While Commissioner Bobbi Tillman of the Santa Monica Superior Court did indeed grant a TRO, it never went into effect because the Denver Police refused to serve him with papers. White then followed me up to Sandpoint, Idaho, two months after I moved there in June of 2006, and began to stalk me. I filed a complaint with the Sandpoint Police, but the DA refused to prosecute. White has continued to threaten me, by email and allegedly by phone, and has contacted numerous of my work associates, engaging in both threats and defamation of my character. I have reported this to the Medford Police, which resulted in the current situation, which has forced my evacuation of my home and my flight to Canada, for my safety . The Medford Police have not only failed to protect me, they have issued fake documents and tampered with existing documents, in order to frame a reason to arrest me. As I am a police assault survivor, I consider the actions of the Medford Police not only redolent of failure to protect but also an aggressive move to detain me and further assault me, possibly with fatal consequences. The situation in Medford is summarized in Exhibit 2.

I have come to the disturbing conclusion that I am somehow exempt from normal Constitutional and legal protections. This makes me extraordinarily vulnerable to attack by the legal system, be it by police officers or by revocation of due process, by agents of the justice system. The legal issues I am reporting may be considered violations of Title 18 Section 242 of the U.S. Code, and other legal trespass. I am therefore appealing to the U.S. Department of Justice to take charge and halt this bizarre vendetta.

Sincerely,

Janet C. Phelan

Exhibit 1 Pgs 1-7 .pdf

Exhibit 1 Pgs 7-37 .pdf

Exhibit 1 Pgs 37-72.pdf

Exhibit2.pdf

Janet C. Phelan
P.O. Box 1015
Medford, Oregon 97501

-------------------------------

Dear Janet

Noting saddens me more than when people have to leave their homes because of persecution, neither is nothing uglier. The Florida Department of Children and Families has been used against me during 7 investigations as recriminations because I have chosen to speak out against what was done to my parents and persecution and /or retaliation of any type is the lowest denominator that any society can sink to . I sincerely Hope with all of our help that you will be able to return home soon!

Homicide of the Elderly ?

by Eric C Baxter

To the best of my knowledge, there is no active investigation of my father's death, the manner of which, after 3-1/2 years, remains officially "undetermined". Whether the authorities are even aware of the circumstances surrounding his death is unknown, but I am quite sure there is no official interest in a review; hence, no danger of "interfering". Following my father's death, the Speaker of the Louisiana House moved to convene a legislative study, at which I testified, for the purpose of improving elder protective law. Despite at least one promise, the press did not attend or cover the testimony. Louisiana mandates the reporting of elder abuse, as I had done, the only obvious result of which was to draw official retaliation and deepen my fathers isolation. Although my principle suggestion was to create a civil remedy against elder abuse to provide "due process", at least retaliation is now criminalized (La. RS 14§403.2 D, Acts 2008, No. 181, §1, eff. June 13, 2008). In the absence of any active interest among law enforcement agencies, the legislature, the judiciary or the press but still of the opinion disabled elders should not be thrown to the wolves without a care, I offer the following for discussion:

American communities do not naturally value the lives of the elderly, the disabled or strangers as they do those of their own children and do not equally protect them or lament their loss. Louisiana's community of Natchitoches promotes itself as "as a top retirement town" to attract elders for the revenue they bring. In exchange for their commerce and taxes, the town owes elders something toward the prevention of neglect and predatory exploitation - particularly while elder abuse looms nationally as the "crime of the 21st century".

Yet, without a body of case law establishing a legal standard of the "equal protection" they are due, disabled elders continue to suffer while crimes against them go largely hidden, unpunished and undeterred.

Many crimes against the elderly are perpetrated by purported "caregivers" - although, what actual "care" they may provide is generally unscrutinized and caregivers are rarely held accountable for any harm they cause. Overwhelmingly, investigators and prosecutors dismiss crimes against elders as mere "civil matters" although there is not yet a viable civil action to reliably protect abused elders. Perhaps consulting public opinion would help prosecutors reform their policies to bring equal protection to the elderly and disabled as was necessary in the gradual process of enlightening them about the serious nature of child and spousal abuse.
It is therefore proper to ask: By what standard, if any, do citizens of Natchitoches expect "reasonably careful" paid caregivers to maintain the safety of disabled elders? What constitutes a "gross deviation" below that standard? Without answers to these questions, statutes intended to protect elders have no meaning except as wishful thinking or deception. -ECB

For Discussion (please review here =>>and vote below)

Letters to Editor Can You Help Me!

Hello

I am writing you to let You Know my children have been ripped off by the Public Guardians Office in Las Vegas I know most of your stories have been centered in New York,and Florida but this kind of stuff is going on everywhere.

I am a 38 year old mother of two teenagers_ My husband died in 1991 and my kids were left with the insurance money, over $300,000. The courts appointed an attorney to represent my kids (long story behind that issue) and then about a year later the lawyers gave it to the Guardianship office because the lawyers were costing my kids too much money (they voluntarily stepped down). What a mistake that was. I don't know the exact amount of my kids trust accounts because the Guardianship office sends me nothing (gee, ya think-i should know something, I'm their mom), but I do that they are down. to less than $90,000 each.

These people-make me so sick I have recently discovered that a news station has been reporting on the agency and has uncovered many sad, disgusting stories of their raping of innocent elderly and children. I live in San Diego now so I have relied on the Internet to keep up on the stories.
I have tried to get the trusts over here since jurisdiction lies here, but when I lave tried to-do that they hire a lawyer here, file an- objection and then charge my kids for the expenses. I do not have the money to fight it and even if I did I would just be adding to the depletion of their trust because the guardianship office Charges my kids. I have recently spoken with the a news reporter who handles the stories: I explained my situation and she told me to get proof of some of the things the Guardianship office is charging my kids for that they are not doing. She said she would do a story in it But somehow it just doesn't seem to be enough.

For years it has been so frustrating knowing these people are getting away with stealing money from innocent people and not being able to do something about if. I want to get these people, I want to sue them and try to recover some of the money they stole.
Do you have any suggestions for me?
Can you help me?

Korinne
---------------------------

Korinne, we have a system that eats its own,young,old,sick it doesn't matter
you will be vilified, attacked, you will lose your health, your sanity and see your lives destroyed. We have many groups that are trying to change the system.To them I wish the best of luck.

As far as suing the legal system that protects it's own, there is such a disparity from the most majority of workers that actually produce something that earn $16- $26 hour that to pay an attorney from $350 to $450 dollars an hour for endless hearings renders any legal remedy out of reach and prohibitively expensive, lets face it justice is for the rich the poor are up the proverbial creek without a paddle, and regarding Legal Aid and free legal help they minute they hear there is a Judge involved in a Guardianship case they will show you the door faster than you can say Obama Hussain....

"As far as any one that gets caught up in the Guardianship system, pray that their suffering be brief". Eric Baxter

My advice to you is look out for number one, try to save yourself , if you are destroyed you will be in no position to help anyone , we have now reached critical mass , the point where it is every man for himself.

Happy 91st Birthday Clara G Fernandez

To my Beautiful mother happy 91st birthday and to Jehova almighty thank you for allowed me to have been able to share so many wonderful years by your side and thanks for having witness the greatest love that two people could ever share. You and Dr. Fernandez you were born the same month the same year, almost the same date, you were inseparable, that is until the unthinkable happened.

Who could ever thought that you would be separated in the twilight of your years, separated from your soul mate of 58 years solely for financial reasons and when Dr. Fernandez would go to the authorities begging to see you again , the authorities would vulgarly shrug their shoulders, leaving Dr. Fernandez to die of a broken heart.

I will never forget your dash to freedom with only this check to survive, how you parleyed this check into a multi million dollar estate only to rairoaded at the end by so called Trusts and Wills and when it was all only just scam.


I will never forget how your estate was looted, how the attorneys piled on at $400 per hour to line their pockets while your bills went unpaid, how you were left in a hotel room drugged left to your own devices to fall and become paralyzed. The Guardianship we sought to protect you...It was only such a cruel hoax.

One day soon the memory of you will fade from humanity and my hair will also grey and my hand will tremble and they will find others to feed off, and others seniors will feed the vultures, and do not look for me as "at the shore of the heart where I have roots, remember that on that day, at that hour, I shall lift my arms and my roots will set off to seek another land." Paul Neruda