Friday, December 26, 2008

The Betrayal of Clara G. Fernandez by APS

Clara as seen here on December 24th, 2008 enjoying her Christmas Dinner

RE: CLARA FERNANDEZ FILE NO: 44-2005-CP-6l-K during the hearing of a motion to end Guardianship for a less restrictive form of governance as per Florida Statues Least Restrictive Alternative RequirementF.S.§744.331(6)(b).

During this proceedings beginning at 3:30 p.m, and concluding at 4:00 o'clock p.m., on FRIDAY, OCTOBER 3, 2008, reported by court reporter Lisa Roeser, RPR, at the Monroe County Courthouse, Courtroom A, 502 Whitehead Street, Key West,

The Florida Department Children and Families sent attorney Michelle Perez

The DCF has investigated Clara's family six (6) times. A criminal can only be tried once, but the DCF can try you time and time again to try to find something, however after going back 5 years of financial records by crack DCF investigator Melanie Miller wheras she found nothing in- appropriate, neither did an audit by CPA firm hired by the Wards's family.

In all of the six (6) investigations the family's handling of the financing was cleared of any wrongdoing.
In spite of this fact the DCF sent their attorney to vehemently argue against the termination of the Guardianship that kept Clara from receiving much needed Dental care because "It was too expensive."

click to enlarge document

"here in line 4 MS. PEREZ: Judge, just briefly. It`s DCF's concern that now that the guardianship has been dissolved that Mr. Raul Fernandez will now be in control of the entire estate of his mother."

God forbid that the family be in control of the Estate and of the "WARD's " due legacy and NOT the State of Florida and their legions of attorneys even though they had been cleared of any wrongdoing during six (6) separate investigations)

The DCF attorney paid by our tax funds argued vehemently against the ending of the Guardianship despite Florida Statutes of Least Restrictive Alternative Requirement F.S.§744.331(6)(b) that says that a guardianship is to be used as a last resort when the "Ward " has NO family!

One of the major substantive changes to Florida Guardianship Law which was brought about by the October 1989 legislative revisions, was the requirement that there be no least restrictive available alternative to guardianship, before the court could appoint a guardian.

Laws in place to protect victims and their families are loosely enforced and subject to arbitrary interpretation and abuse, that why we think that additional laws are a waste of time if current laws are continued to be ignored with impunity despite the alleged requirement that Guardianship statutes and the rules related thereto must be strictly construed. See In re Keene, 343 So. 2d 916 (Fla. 4" DCA 1977).

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