Melodie Z. Scott Conservatorship Practice Raises Questions

By Janet C. Phelan as published in the Bernandino County Sentinel on Friday 09,25,2009

A local conservator and money-manager is back in court after the Department of Consumer Affairs declined to accept a proposed settlement agreement which would have provided her with a business license.

Melodie Z. Scott; founder and President of C.A.R.E., Inc, which is located at 25 E. State Street in Redlands, had applied for a professional fiduciary license in 2008, when licensure became mandatory under California law. A series of articles published in the Los Angeles Times, entitled “Guardians for Profit—When A Family Matter Becomes A Business” had raised a general alarm as to the business practices of conservators for the elderly. Melodie Scott was featured in the first of the Times’ series, which was published in November of 2005.

Blacks law dictionary defines a conservator as a ‘protector or guardian.’ A conservatorship is generally initiated through a court proceeding, when there are allegations that a person is becoming forgetful or is otherwise unable to handle his or her affairs. A “conservatorship of person” may be launched for another party to make personal decisions for the alleged incapacitated person.

Upon initiation of a “conservatorship of estate,” however, all the assets are immediately transferred to the “care and protection” of the professional conservator.

As a result of the outcry following the publication of the Los Angeles Times articles which highlighted abuses in the conservatorship process, the California Legislature swung into action and passed the Omnibus Conservatorship Reform Act of 2006. One of the reforms stipulated by the bill was the creation of the Professional Fiduciary Bureau, which was chartered with the task of licensing the previously unregulated conservators and fiduciaries. Budget problems necessitated the delay in setting up the bureau, and in 2008 the Professional Fiduciary Bureau began reviewing the requests for licensure.

Melodie Scott’s request for a license was denied in August of 2008, based on the bureau alleging she made misrepresentations of fact on her application. The statement of issue produced by the Bureau also makes mention of her continuing to act as a conservator following the denial of a license as well as a drunk driving citation. Scott appealed that decision and in May went into contested hearings in Oakland Administrative Court According to John Cooper, the Department of Justice attorney who is representing the Fiduciary Bureau in this matter, a settlement offer was tendered to Scott on August 13. Following numerous protests being lodged with Cooper as to the appropriateness of granting a license to Scott, the Department of Consumer Affairs recently nullified the settlement offer.

No details were given by Cooper as to what the settlement offer contained, although sources close to Melodie Scott hinted that the offer involved payment of attorney’s fees incurred by the Professional Fiduciary Bureau in this matter.

According to Cooper, individuals who have testimony relevant to the charges against Scott may testify at the hearings, which will resume in October. Those interested in so doing may contact the Professional Fiduciary Bureau in Sacramento to arrange to testify.

Both Cooper and the Department of Consumer Affairs Press Officer, Russ Heimerich, were adamant that the Professional Fiduciary Bureau is only concerned with the licensing process and that individuals with allegations that Scott has used her position as a conservator and fiduciary to engage in illegal activity must lodge their complaints with law enforcement.

A call from the Sentinel to Scott’s office on September 22 seeking her input with regard to the matter did not elicit a response.

Avoid Flu Shots, Take Vitamin D Instead

by Donald W. Miller, Jr., MD

Another influenza season is beginning in the northern temperate zone, and our government’s Center for Disease Control and Prevention (CDC) will strongly urge Americans to get a flu shot. Health officials will say that every winter 5–20 percent of the population catches the flu, 200,000 people are hospitalized, and 36,000 people will die from it.

The CDC’s 15-member Advisory Committee on Immunization Practices (ACIP) makes recommendations each year on who should be vaccinated. Ten years ago, for the 1999–2000 season, the committee recommended that people over age 65 and children with medical conditions have a flu shot. Seventy-four million people were vaccinated. Next season (2000–01) the committee lowered the age for universal vaccination from 65 to 50 years old, adding 41 million people to the list. For the 2002–03 season, the ACIP added healthy children 6 months to 23 months old, and for 2004–05, children up to 5 years old. For the 2008–09 season the committee has advised that healthy children 6 months to 18 years old have a flu shot each year. Its recommendations for influenza vaccination now covers 256 million Americans – 84 percent of the U.S. population. Only healthy people ages 19–49 not involved in some aspect of health care remain exempt. Pharmaceutical companies have made 146 million influenza vaccines for the U.S. market this flu season.

Almost all the ACIP members who make these recommendations have financial ties to the vaccine industry. The CDC therefore must grant each member a conflict-of-interest waiver.

The government promotes National Vaccination Week, which this year is December 8–14. This year, however, rather than uniformly following the government’s "Seven-Step Recipe" for generating demand for flu shots, the mainstream media has questioned their benefits.

The New York Times had an article in the September 2, 2008 issue titled "Doubts Grow Over Flu Vaccine in Elderly," which says, "The influenza vaccine, which has been strongly recommended for people over 65 for more than four decades, is losing its reputation as an effective way to ward off the virus in the elderly.

Two-thirds of the vaccines made for the 2008–09 flu season, 100 million of them, contain full-dose thimerosal, an organomercury compound, which is 49% mercury by weight. (An unidentified number of the other 50 million vaccines contain either "no" or "trace" amounts of thimerosal.) It is used to disinfect the vaccine. Each one of these 100 million flu shots contain 25 micrograms of mercury, a mercury content that is 50,000 part per billion, 250 times more than the Environmental Protection Agency’s safety limit. Mercury is a neurotoxin, which has a toxicity level 1,000 times that of lead.

There is some evidence that flu shots cause Alzheimer’s disease. This most likely is a result of combining mercury with aluminum and formaldehyde, which renders them much more toxic together through a synergistic effect than each would be alone. One investigator has reported that people who received the flu vaccine each year for 3 to 5 years had a ten-fold greater chance of developing Alzheimer’s disease than people who did not have any flu shots (Int J Clin Invest 2005;1:1–4). (The brains of people with Alzheimer’s disease display three pathologic hallmarks: neurofibillary tangles, amyloid plaques, and phosphorylation of tau protein. Brain cells grown in test tubes develop these changes when exposed to nanomolar doses of mercury, doses similar to the amount of mercury a person gets from a flu shot.)

Mercury in vaccines has also been implicated as a cause of autism. Vaccine makers have now removed thimerosal from all childhood vaccines, except flu shots. For more on this subject see my article "Mercury on the Mind," with its recommended reading list, and Evidence of Harm: Mercury in Vaccines and the Autism Epidemic: A Medical Controversy by David Kirby.
Three serious, acknowledged adverse reactions to the flu vaccine are joint inflammation and arthritis, anaphylactic shock (and other life-threatening allergic reactions), and Guillain-Barré syndrome. Guillain-Barré syndrome (GBS) is a paralytic autoimmune disease that fells people several weeks after their flu shot. One woman with post-vaccination GBS writes:
"I had a flu shot in November, and by December I became weak and continued to get weaker until I collapsed and was taken to the hospital… I was helpless, totally paralyzed with Guillain-Barré syndrome… I was in ICU for three weeks and then transferred to a rehabilitation center. Three months later I was released to come home because I could ambulate approximately 100 feet with a walker. I continued rehabilitation as an outpatient for the next three months until I could walk with hand crutches. Today, I need a cane. I was not forewarned of any possible hazard when they gave me the flu shot."
Another:
"I have a friend, now in a wheelchair, who took the flu shot, got Guillain-Barré and now cannot walk."
Another woman, diagnosed with GBS after a flu shot, spent 16 months in the hospital paralyzed on a ventilator and life support. After several subsequent multi-month hospitalizations she writes:

"On my last visit to my neurologist I was able to walk about 6 feet holding his hand, not much but it took years to be able to do that. I scratch my head when I hear them promoting flu shots… Most people that I come into contact with – in the hospital and out (nurses, doctors, and regular people) – after hearing my story, feel that it is better to chance the flu and not get the shot." (These statements are in Vaccine Safety Manual for Concerned Families and Health Practitioners: Guide to Immunizations Risks and Protection by Neil Miller [no relation], pages 84–86.)

The package inserts that come with the flu vaccine note that GBS is a potential complication. There are 1 to 2 cases of GBS per 1 million vaccinated persons. (There were 10 times that many cases of GBS in 1976 with the flu vaccine used that year). Taking a flu shot is essentially the same as buying a lottery ticket for acquiring Guillain-Barré syndrome.
Seventy percent of doctors do not get a flu shot.

A creditable hypothesis that explains the seasonal nature of flu is that influenza is a vitamin D deficiency disease. Cannell and colleagues offer this hypothesis in "Epidemic Influenza and Vitamin D" (Epidemiol Infect 2006;134:1129–40). They quote Hippocrates (circa 400 B.C.), who said, "Whoever wishes to investigate medicine properly should proceed thus: in the first place to consider the seasons of the year." Vitamin D levels in the blood fall to their lowest point during flu seasons. Unable to be protected by the body’s own antibiotics (antimicrobial peptides) that this gene-expresser engineers, a person with a low vitamin D blood level is more vulnerable to contracting colds, influenza, and other respiratory infections (e.g., respiratory syncytial virus).

Experts reckon that an optimum blood level of vitamin D (25-hydroxyvitamin D) is 50–99 ng/ml. (Children need a blood level >8 ng/ml to prevent rickets. It takes a concentration >20 to maintain parathyroid hormone levels in a normal range. A level >34 is needed for peak intestinal calcium absorption. And in elderly people neuromuscular performance steadily improves as vitamin D blood levels rise to 50 ng/ml.) The government’s recommended daily allowance (RDA) for vitamin D is 400 IU (international units) a day, an amount sufficient to prevent rickets and osteomalacia but not vitamin D’s other gene-regulating benefits. To achieve all of vitamin D’s benefits one has to take an amount ten times the government’s RDA – 4,000 to 5,000 IU a day.

The majority of Americans are vitamin D deficient, with a 25-hydroxy D blood level <20 href="http://www.lewrockwell.com/miller/miller25.html">Vitamin D in a New Light and visit Dr. Cannell’s Vitamin D Council website.

Other things to do to prevent the flu Avoid sugar. It suppresses immunity. Avoid Omega-6 vegetable oils (corn, safflower, sunflower, peanut, canola, and soybean oil). Americans consume 50 times more of these oils than are necessary for good health. In this amount they are powerful immune suppressants. Take a well-balanced multivitamin/mineral capsule on a daily basis. Eat garlic. Manage stress. Exercise. Get enough rest. And wash your hands. Viruses spread most often from touching contaminated objects, like doorknobs, phones, shared computer keyboards, and shaking hands.

Donald Miller (send him mail) is a cardiac surgeon and Professor of Surgery at the University of Washington in Seattle. He is a member of Doctors for Disaster Preparedness and writes articles on a variety of subjects for LewRockwell.com. His web site is www.donaldmiller.com

Abridged for E.A. read the entire article here=>>

Attorneys Set for Windfall in Babyboomers Crisis

As attorneys get geared up to what has been called the "Largest Transfer of Wealth in the 21st Century" elder law is set to produce big windfalls for lawyers due to get involved in a range of complex family dilemmas including whether elderly parents have the capacity to make their own decisions.

According to Brian Herd, elder law specialist and partner at Queensland-based Carne Reidy Herd Lawyers, said baby boomers would produce more work for lawyers than their parents because of the greater complexity of their lives.

"It's the baby boomers in particular, the next older generation that we're really targeting because they're the ones that are going to have significant wealth, significantly complex lives, complex families,'' he said.

"All of that is a pot for lawyers, in terms of legal issues arising out of that vast vat of complexity that older people take with them into retirement. The current generation is a bit simpler in terms of their circumstances.''

Issues surrounding the capacity of an older person was one of biggest areas of elder law. Herd said disputes could arise in families over whether their parents had the capacity to make their own decisions and whether an enduring power of attorney should be appointed.

The economic downturn had also seen an increase in elder abuse and Herd said some children saw their parents as being the solution to their money problems.

He said the area of elder law gave lawyers an insight into the "extraordinary amount of dysfunction'' in some families but it was this same dysfunction that created work and led to "legal bliss''.

*Ref=>>Boom time for gediatric law

"Individuals 65 and older control over 70 percent of the nation's wealth,"

A Silent Crisis: Elder Abuse and Justice

My grandmother’s life intersected squarely with the unprecedented rise in life expectancy for all elders. This rise has also led to one of our greatest silent crises: elder abuse.

About same time Alzheimer’s began to cloud my grandmother's once sharp mind, she heard a knock on the door of her 3rd floor apartment in Des Moines, Iowa. She opened it to find a friendly salesman selling John F. Kennedy half-dollars made out of pure gold in a frame with a blue velvet backing. They made an exchange --she handed him a check for $900 and the swindler gave her one dollar in coins.

ELDER ABUSE IN THE UNITED STATES
For millions of elderly people in the United States just like my grandmother, living longer has also meant living in silent fear, battered and beaten, preyed upon, often quieted by shame. Elder abuse is a prolific problem that comes in many forms – physical abuse, emotional abuse, neglect and financial exploitation, with many elders suffering more than just one type of abuse. Of the five million elders estimated to suffer abuse in the U.S. alone each year, the vast majority are subject to multiple forms of mistreatment. They are also three times more likely to die prematurely than those who are not victimized.

Yet, elder abuse is not perceived as a national tragedy. No one talks about it. Silence remains, in part, because many of our elders are isolated by and dependent on those who hurt them, and the perceived shame and stigma of disclosing that they are suffering at the hands of their own caregiver can act as a powerful silencer. But abuse also stays hidden because many older Americans don’t have the means or the capacity to report it.

At the rare times when elder abuse is publicly discussed, the conversations usually feature the voices Elder Justice advocates, social workers or journalists. A typical example is this CBS News report from 2006. Only occasionally do we get a glimpse into the elders' views which can be seen in this video taken at an elder justice rally.

Insights from these experts are critical in the fight to secure justice for older Americans but so is the wisdom from these elders themselves, and to date their voices have been absent from the debate that affects them most directly.

I was surprised to learn how deeply buried this issue is because elder abuse touches us all. It cuts across gender, social, racial, ethnic, economic and geographic lines - yet it’s rarely mentioned in social justice or human rights circles nationally or even internationally. Key UN documents from the Universal Declaration of Human Rights to the Millennium Development Goals omit any mention of age. And here at home the U.S Congress has yet to pass comprehensive federal legislation to protect our oldest members of society, placing it 20 years behind advocacy to protect children from abuse and 10 years behind the work to end domestic violence.

THE ELDER JUSTICE COALITION
To address this colossal fissure in our laws, more than 500 members of the Elder Justice Coalition (EJC) have been vigilantly working over the course of the last decade to secure the passage of the Elder Justice Act (EJA) through Congress. Passing this Act will provide us with a foundation from which we can begin to protect our society’s elders because it will provide long-needed support for programs to help us understand how to prevent and detect abuse, intervene where it happens, treat victims with dignity and respect, and fairly prosecute perpetrators.

Yet despite the EJA’s principled objectives and many years of effort, one of the authors of the Act, Marie-Therese Connolly explains, “Comprehensive federal laws to combat child abuse and domestic violence have had an immense impact for decades. By contrast, the relatively uncontroversial Elder Justice Act has languished (in Congress) since 2002.” With the recent changes in Washington, now is the time to pass this act and give America’s elders the security, dignity and equality they deserve.

A NEW WITNESS PARTNERSHIP with the NATIONAL COUNCIL ON AGING
So why is this important to WITNESS? We are partnering with the National Council on Aging (NCOA) – which has been working on behalf of disadvantaged and vulnerable Elders for over 60 years - to bring the voices of Older Americans to this debate, heighten the visibility of Elder abuse, and end Congressional complacency. In addition to securing passage of the EJA, WITNESS and NCOA will work with Elder Justice organizations across the country, training activists in strategic video advocacy planning and giving them the skills necessary to collect stories of abuse to bring Elder Justice into the national conversation.

Once footage from across the country has been gathered and edited, we will collaborate to reach key Congressional representatives, the national media and our citizenry with compelling stories which will force us to face our elders, end our collective denial and pass the EJA.

YOU TOO CAN STAND UP FOR OUR ELDERS
WITNESS and NCOA are just beginning work on the planning of this video advocacy campaign. We'd like you to join in as we move forward with this campaign to pass the Elder Justice Act and showcase the voices of older Americans:

• Return to the Hub Blog for updates on the production process in the weeks and months ahead
• Sign up for the Video for Change newsletter for updates on the Elder Justice Campaign
• Read more about the work of the NCOA at http://www.ncoa.org, and
• Visit the site of the Elder Justice Coalition at http://www.elderjusticecoalition.com/

Most of all though, we ask you to listen as we bring the voices of American’s elders to you throughout this campaign. Please hear what they have to say. Respect their voice. Value their wisdom. Add yours.

Source=>>here

Please Sign Petition and Support Efforts to Protect Elders

Please sign this petition to get people to support the Elder Abuse Victims Act of 2009 - HR.448

We need Senators to support this bill.

Please click here to sign petition=>>here


We also have letters that can be sent to our leaders to support this act and
the Elder Justice Act S.795

Click Here to send letters to our elected representatves=>>here

Maybe you could post these in your blog.

Thanks

Latifa S. Ring
Elder Abuse Victims Advocates

http://www.stopelderabuse.net/
latifa.ring@comcast.net

Latest Research on EoD.Com

Estate of Denial.Com has done some excellent research and deserves your support here are some excellent articles worth reading:

• EstateofDenial.com has much to report
  Ike Turner estate: kids v. ex-wife v. lawyer
  Jackson estate facing new claims, mom gets ok to challenge administrators
  MLK estate dispute heating up
  Astor’s Alzheimer’s blocked understanding of will change, says DA
  Estate looting 101 final thoughts
• Couple gets new lawyer, new hope in guardianship
• Estate looting 101 on wills
• Seidlin neighbor not stopped by “Judge Larry” obstacles
• Is Texas ready to address guardianships, probate abuse?
• Helmsley trustees’ discussed on FOX
• North Texas couple guardianship under review
• Estate looting 101 on guardianships
• Unintended, unwelcomed consequences of guardianships

How To Do Research On Judges in Your Area

"Clearly something nefarious is going on in terms of the financial activities of the judges. If, indeed, when we stand before a judge in a court of law we are in standing before not an wise and impartial third party but rather in front of a compromised, paid-off and controlled legal "hit-man" who has absolute immunity for whatever he may do in this capacity, then we have truly lost anything approximating a system of justice." Janet Phelan.

Related Stories by Janet Phelan : Judges Operational Details:Unveiled

How Conservatorships/Guardianships Are Used as Tools of Theft and Corruption

Have We Truly Lost Anything Approximating A System Of Justice?

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

I am urging all those reading this message to start researching the judges in your venue. This is how to do this: 1) Go online and determine in which county the judge you are researching holds his property. Generally, the county tax assessor's online webpage is the place to look for this information. 2) Following this determination, you may go into the grantee/grantor index for the applicable county in order to determine the document numbers and the types of documents 3) Armed with this information, you may then need to physically visit the Hall of Records for the County or Counties where the documents are lodged and request copies of these documents, which should contain the loan numbers, parcel numbers and/or addresses as well as dates of reconveyances. Don't forget to search for the name of the spouse of the judge in question, as well!!

We need to collect as comprehensive a database as possible concerning these practices.
I will be available for any questions as to the process of researching and collecting the data.
Janet Phelan can be contacted : janet_c_phelan@yahoo.com
-----------------------------------
All you have to do if you want to research your judge is call the records department at your court house and ask them to see the judges past and pending cases for contested custody and that you want to go back x amount of years depending on how many there are.

It took me a long time of arguing with people, everyone I talked to suddenly did not speak English, didn't know what a court case was, didn't think it was legal etc. I told them I was doing a research story for a class that I was taking and couldn't really talk about the reason why because it was based on statistics and I didn't know what those variables were until I found them!

It was none of their business! Nobody wanted to help me, I kept insisting that they are public and finally I talked to the right person who looked them all up, made an appointment, and charged me by the hour to look at them. I think it cost me about $60 for each day- read fast!!!, I had to sit in the little court records window and I was not allowed to removed the records from the window and I could not have a big bag there etc.

They charged me I think $1 per page for a copy. I also brought my camera and took photos of any cases that would help me and took notes and wrote down the case numbers in case I wanted to go back. I figure it's kind of difficult for a judge to go back on his own case law, right? So just keep asking.

Post Courtesy of Rachel

Judges Who Do Get Caught, Get Jail 'On Weekends'

By MARTHA DELLER mdeller@star-telegram.com'

FORT WORTH — A former Dallas municipal judge will serve 60 days in the Tarrant County Jail as a condition of her probation for spending money awarded to a client in a 2003 probate case that she handled while practicing law in Arlington.

A jury had already been seated in Criminal District Court No. 3 when Tiffany Lewis pleaded guilty Tuesday morning to misapplication of fiduciary property. Lewis used a $58,000 probate settlement awarded to a Dallas woman and her daughter to buy a motorcycle for her baby’s father, cover office expenses, and cover bad checks in other clients’ accounts, Tarrant County prosecutor Lori Varnell said.

Lewis, 41, was sentenced to 10 years’ probation by visiting Judge David Cleveland, who ordered her to serve 60 days in jail and repay the money.

Lewis, who was disbarred in 2005, was also forbidden to hold herself out as an attorney or to act as a fiduciary, someone who handles money for other people.

The Texas Bar Association had stripped Lewis of her license to practice law in April 2005 because of the probate case. But Tarrant County prosecutors learned that she was continuing to represent clients in Tarrant County, Varnell said.

Lewis was also serving as a Dallas municipal judge. Municipal judges are not required to be attorneys.

But Dallas authorities began trying to remove her because she lived in Arlington, not in Dallas, as required, and had lied about her residence, Varnell said. She resigned her judicial position in 2007 in lieu of disciplinary action by the State Commission on Judicial Conduct.

Her disbarment was based on a Dallas woman’s 2004 complaint to the bar that the attorney had taken $58,000 of her Dallas County probate settlement.
Lewis took most of the money in cash, which could not be traced, Varnell said. It took nearly five years for a forensic accountant to track the money from the probate account to Lewis’ Bedford bank to her expenditures, which depleted the account in 134 days, Varnell said.

Varnell said she and co-counsel Sabrina Sabin were prepared to try the case but accepted the plea to get restitution for the victims. "They’re very poor people who don’t have a lot of means," Varnell said. "She stole from the weakest members of our society."

Defense attorney Anthony Randall acknowledged that Lewis did not pay her clients "in a timely fashion" but said she intended to do so.

Randall said Lewis, who is a single mother, took the last-minute plea to ensure that she would remain free to raise her daughter. She will serve her 60-day jail term on weekends and, as required by probation rules, seek a job, he said.

"She does have restitution to pay back, and she will be doing that," Randall said.

Elders Are Forcibly Administered Psychotropic Medications,With Deadly Results

Published on Tuesday, September 15, 2009 1:11 PM PDT

Lake Isabella,California,USA

Attorney General Edmund G. Brown Jr. announced that former Kern Valley Hospital administrator Pamela Ott was charged on eight felony counts of elder abuse today, Sept. 8. The complaint charges Ott allowed staff to forcibly administer psychotropic medications to patients for their own convenience, rather than for their patients' therapeutic interests. These actions are alleged to have resulted in the deaths of three nursing home residents.

"As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients," Brown said. "Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care."

Source=>>Kern Valley Sun
--------------------------------------
As a reader commented "Pulling the plug on granny" is not some future fantasy concocted by right wing extremists, before you laugh it off as an exaggeration realize that "the joke is on you" as this is done everyday all across America as this article very clearly articulates and for every case reported there are countless others that are not!

"Have We Truly Lost Anything Approximating A System Of Justice?"

"The perceptions among us that the judges in our separate cases are "corrupt," "breaking the law" or "favoring the other side" can now no longer be considered to be "sour grapes" or the rumblings of malcontents."

Clearly something nefarious is going on in terms of the financial activities of the judges. If, indeed, when we stand before a judge in a court of law we are in standing before not an wise and impartial third party but rather in front of a compromised, paid-off and controlled legal "hit-man" who has absolute immunity for whatever he may do in this capacity, then we have truly lost anything approximating a system of justice." Janet Phelan.

Related Stories by Janet Phelan : Judges Operational Details:Unveiled

How Conservatorships/Guardianships Are Used as Tools of Theft and Corruption

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

I am urging all those reading this message to start researching the judges in your venue. This is how to do this: 1) Go online and determine in which county the judge you are researching holds his property. Generally, the county tax assessor's online webpage is the place to look for this information. 2) Following this determination, you may go into the grantee/grantor index for the applicable county in order to determine the document numbers and the types of documents 3) Armed with this information, you may then need to physically visit the Hall of Records for the County or Counties where the documents are lodged and request copies of these documents, which should contain the loan numbers, parcel numbers and/or addresses as well as dates of reconveyances. Don't forget to search for the name of the spouse of the judge in question, as well!!

We need to collect as comprehensive a database as possible concerning these practices.
I will be available for any questions as to the process of researching and collecting the data.
Janet Phelan can be contacted : janet_c_phelan@yahoo.com
-----------------------------------
All you have to do if you want to research your judge is call the records department at your court house and ask them to see the judges past and pending cases for contested custody and that you want to go back x amount of years depending on how many there are.

It took me a long time of arguing with people, everyone I talked to suddenly did not speak English, didn't know what a court case was, didn't think it was legal etc. I told them I was doing a research story for a class that I was taking and couldn't really talk about the reason why because it was based on statistics and I didn't know what those variables were until I found them!

It was none of their business! Nobody wanted to help me, I kept insisting that they are public and finally I talked to the right person who looked them all up, made an appointment, and charged me by the hour to look at them. I think it cost me about $60 for each day- read fast!!!, I had to sit in the little court records window and I was not allowed to removed the records from the window and I could not have a big bag there etc.

They charged me I think $1 per page for a copy. I also brought my camera and took photos of any cases that would help me and took notes and wrote down the case numbers in case I wanted to go back. I figure it's kind of difficult for a judge to go back on his own case law, right? So just keep asking.

Post Courtesy of Rachel

Director of Elder Care Facility While On Probation For Elder Abuse

Investigators looking into charges of abuse at a collection of San Bernardino-area group homes arrested the director of one of the homes on Friday after discovering he was on probation for elder abuse and had been ordered to stay away from such facilities, officials said today.

Tony Dalton, 40, was taken into custody for violating conditions of his probation after initially refusing entry to investigators checking on conditions of the house, said San Bernardino City Atty. James Penman.

Dalton is the son of Pensri Sophar Dalton, 61, who was arrested Sept. 5 on 16 charges of elder abuse after police raided an unlicensed board and care facility where 22 elderly and mentally ill tenants lived in squalor. They had no plumbing, lived in converted backyard chicken coops and some used buckets for toilets. One man reported being physically abused by the staff.

Authorities are now looking into conditions at seven other group homes owned by Pensri Sophar Dalton in and around San Bernardino.

When investigators from the city attorney's office and the Department of Social Services went to two of the houses last week, they found Tony Dalton in charge, Penman said.

Dalton was convicted last year of causing great bodily harm to an elderly or dependent person and served three months in jail, Penman said. The probation department would not comment on the nature of the crime, but Dalton was forbidden to work as a caretaker for the elderly or dependent adults.

[Updated 8:02 p.m.: “He was obviously in charge of the facility,” Penman said. “We have a lot more to investigate and this certainly makes us suspicious. The fact that [Dalton’s] son is convicted of elder abuse and is still active in the family business is a real concern.”

Pensri Dalton is also the target of a lawsuit filed by the family of a man who drowned in a pool while living in one of her group homes.]

Source =>>L.A.Times

Financial Abuse of Elders :Tip of Iceberg"

Financial abuse of seniors a hidden crisis "We're probably not aware of the extent of the financial abuse of seniors," said LeBreton. "One of the problems is that victims feel they have nowhere to turn, or don't want to cause problems in their family.

"They're ashamed and don't want to admit that someone has taken advantage of them financially."

Attorneys and Judges Find Elder's Estates Ripe Pickings

by George Brennan as reported in the Cape Cod Times

They didn’t think of him as a lawyer. They thought of him as a trusted family friend.

So when thousands of dollars went missing and the paper trail led to attorney John “Jack” Roberts of Dennis, they were at first shocked, then hurt and finally angry.

Roberts, now disbarred, pleaded guilty to stealing $137,000 from the estate of Alice May of Sandwich and was sentenced to house arrest. On Friday, he was arraigned on a charge of larceny by a single scheme in the theft of $650,000 from Norm Sasville, a Middleboro builder. Prosecutors said they plan to seek jail time if Roberts is convicted again.

“He pulled the carpet out from me,” Sasville said in an interview before Roberts was indicted. “He was a good friend. He was a goombah.”

Roberts was released on $1,000 bail after his arraignment in Barnstable Superior Court on Friday.

But Roberts is not alone.

In recent years, the Cape has had its share of high-profile cases involving lawyers bilking clients out of thousands.

In 2006, Anthony Bott, an Orleans attorney, pleaded guilty to stealing more than $350,000 in insurance settlements from 12 clients.

He was sentenced to 2½ years in Barnstable County Correctional Facility and 10 years of probation.

And plenty of ink has been spilled on the ongoing tangle of former Orleans attorney Richard Birchall. Birchall has been jailed on contempt charges, a judge finding that he is capable of repaying the $2.7 million he owes to his former client Suzanne D’Amour of Brewster.

But while that case has the added intrigue of D’Amour once spending time in jail on perjury charges for lying to a grand jury investigating the murder of her husband, the other Cape cases involve regular Joes or elderly people looking for legal help from someone they trusted.

“It really is disgusting,” said Adele Lundquist, an 83-year-old Brewster woman who was a victim of Bott. “It’s like your house getting broke into. It’s a violation.”

Lundquist was seriously injured in a car accident. Her car was sideswiped by a woman who blew through a stop sign. Her family attorney recommended Bott, who at the time was considered one of the Lower Cape’s top personal injury attorneys.

Months passed and Bott kept putting Lundquist off telling her settlements could take years. It turned out he got her an $85,000 settlement within months, but like 11 other clients, he had fraudulently signed her name and pocketed the cash.

“You go through stages where you feel betrayed, you feel hurt, you feel angry,” Lundquist said.

Nancy Allen, whose inheritance was partially stolen by Roberts, expressed similar feelings. Her mother, Alice May, had considered Roberts a friend. She said it felt like she had been “physically assaulted” when she figured out Roberts had grabbed the money to feed his gambling habit.

Abridged for E.A.

Letters to Editor : Re: Clara G Fernandez , Adalberto Fernandez and William A. Hart

Dearest Readers,..

I and my fellow colleagues against 'ELDER ABUSE' have read both web sites in regards to Mrs. Clara G.Fernandez. We,(most of us in the legal profession),agree that both web sites prove that Mrs.Clara Fernandez was a victim of her eldest son. This
is 'clearly' a case of an elder brother (approx. 7 years senior), & his younger brother!

This story reads like "A modern day Cain & Abel

-Older brother, jealous of younger brother, younger brother has a very close-knit relationship with the mother, older brother lives entire life spiteful & hates younger brother, younger brother caught up in a web of the older brother's scam to abduct the mother, eldest brother suspects the mother is unable to handle any of her affairs, personal & especially financial, an abduction takes place!

Mother of two brothers is at a most vulnerable time in her life, husband barely recovering from a 'stroke', all alone in her thoughts, hence, the perfect time for the older spiteful brother in for revenge & the scam of a life-time! Older brother & 'life-partner' have scammed elderly women for years prior to the abduction of Clara G. Fernandez, therefore, techniques to fleece Clara are "honed skills",...

"And so the games begin!!!" The mother is scammed into a 'so-called' visit with eldest son & his mate, out of pity & confusion, she succumbs to the eldest son's scheme. The mother finds herself unable to return home & is told 'her ailing husband died' by eldest son & 'life-partner'. Clara's life turns into a living HELL Family members try to locate & retrieve her, they are taken on a "wildest goose chase", all the while, the mother is being shuffled around nursing homes, hospitals, friends homes, & her eldest son's residence. Her life is now isolation, confusion & despair, a life of being medically restrained, hygienic neglect & emotional turmoil.

The "Grand Fleecing" of the mother, emotionally, financially begins. It escalates to a scam on 'her life & assets' at the hands of the eldest son and his 'life-partner'."Years and tears pass."

The mother is finally located where she will be long enough to take action & the family, with the help of a Palm Beach judge & authorities, rescue her from her captors, a.k.a.- her eldest son & his male companion.

The mother is then placed into a protective guardianship with her nephew, a doctor in a near-by county & finally returned home to her husband, youngest son, grandchildren & daughter-in-law.

The story should have had a "Happy Ending" right there, she could have been rehabilitated physically, mentally & emotionally,& she would have been spared years of additional anguish & financial ruin! But the eldest brother continued his attacks on his brother & the entire family, including extended family members. The State of Florida, through the aid of several 'tainted' D.C.F & Local Law Enforcement agents, unduly placed Clara in a forced guardianship, one of numerous lawyers, (not qualified guardians), & Clara was being 'fleeced' again by high profile lawyers "on the take", charging her & her heirs estate $300.00 - $450.00 hr. to do the exact things that Clara's family was doing for, free. "Oh the horror of it all!"

Consequently, the eldest brother & 'life-partner's' scam becomes the scam numerous lawyers & others profiteer on! Those lawyers had a"free-ride"!! "Does Clara goes without?" Clara was made to go 'without' when she was with the eldest son & 'life-partner', & at the mercy of the "forced court appointed guardians".

The eldest son made his mother go 'without' contact of family & friends, go 'without' proper care, personal hygiene & personal freedoms, go 'without' socialization other than with his 'life-partner's family members,(most of whom were in on fleecing her & her heirs).

Nursing home staff members that were told that she was not coherent nor cognitive,(since she was being 'drugged'), so they ignored her & dismissed her pleas to go to her Key West home. Clara's story, being told from two sides, is a great 'study' in the crime of elder abuse, all of the 'classic moves' have been made!

So as far as all of the research our team made in regards to Clara's "True Story", we can only surmise that documentation found on elderabusehelp.org proves to be verifiable & true, therefore, it is of our opinion that the rebutting site, clarafernandez.com is an attempt to 'smoke-screen' truth & the illegal actions of Mr. William Hart & Clara's eldest son, Al Fernandez

One of our panel members, a clinical psychiatrist, has determined that the 'life-partner', William Hart, has perpetuated postings & revisions of their web site, clarafernandez.com, in order to secure his place in his partner's life, otherwise, Mr. Al Fernandez would be inclined to pursue his life without Mr. Hart.

Therefore ladies & gentlemen, the verdict is in, it is ever so clear that Clara G. Fernandez, her husband, her youngest son, her friends & family were all victims of an elaborate revengeful scam of Mr. Al Fernandez & his 'life-partner' Mr. William (Bill) Hart.

The family's battle for Clara's freedom, sanity, & life was won when the "forced guardianship" was dissolved. Clara requested to be relocated to a place where she is safe, sound & well cared for. That request was honored, she is living on paradise!

We must all applaud the friends & family members that never gave up, never backed down, & fought for Clara's "God given rights" received from a 'Higher Power' the day she was born! We can officially announce; Mrs.Clara G. Fernandez is now protected by both National & International law, anyone wishing to compromise her quality of life will have to go through
the jurisdictions of two countries whose authorities acknowledged her well-being at this time. Penalties of both Nations will be strictly enforced against any acts or plots of terror towards her.
Clara is now free, happy, healthy. In a place where she is thriving, free from persons that abducted her, fleeced her & caused her & her family years of anguish. This now is a "Happy Ending"!

We who number in the thousands, will be monitoring & standing ready to assist Clara should there be any indication of threats on her security!!

"Sleep well tonight Mrs. Clara G. Fernandez, We have got your back this time!

Sr. Claude D. Jenkens & Co

Spanish translation=>>

Judges: Operational Details Unveiled

by Janet Phelan as published in the *Bernandino County Sentinel

Several years ago, all of the county’s probate and conservatorship cases were moved to Redlands Courthouse and most of these cases were subsequently heard by Judge Welch.

Recent documents obtained by the Sentinel point to suspicious financial activity by Welch, who at one point in time was the presiding judge of San Bernardino County. Welch was featured in an article in the Sentinel on June 12th of this year in a lengthy exposé regarding questionable business practices by Melodie Z. Scott, a professional fiduciary and conservator for the elderly. Scott is President of C.A.R.E., Inc., located at 25 E. State Street in Redlands, right around the corner from the courthouse.

The activities by Scott cited by the Sentinel as questionable involved giving conservatee property to her own family members, overcharges on her clients’ accounts, missing monies from clients’ accounts, selling conservatee property at bargain basement rates only to have the property jump in value and sell the next year, withholding medical care from conservatees resulting in death and allegations of possible undue influence on judges.

The documents uncovered relating to Judge Welch reveal that he has mortgaged his primary residence, located in the 300 block of La Colina in Redlands several times in recent years, encumbering it with loans which could not possibly be paid back on a judge’s salary in the brief turn-around time indicated by the reconveyances (repayment of loans). The document numbers and the size of the loans follow:

In 1998, Welch and his wife, Ginny, took out a loan for $217,200 on their La Colina residence, which was fully paid back in March of 2003. The reconveyance document number attached to this transaction is 2003-0173087.

In February of 2003, James and Ginny Welch took out another loan on their residence, this time for $234,000. This was fully paid back by June 10, 2004, as listed in document number 2004-0410928.

Another loan was taken out by the Welches on May 17, 2004, as listed in document #2004-0353533. This loan was for $358,965.71.

Messages were left with Welch’s secretary, inquiring as to where the money was going and how he was paying these loans back. The possibility that Welch was taking out loans and investing the money, then paying back the loans with the proceeds was considered and discarded. For the last seven years, Welch has reported to the Fair Political Practices Commission on his form 700 financial disclosure statements that he has no investments.

A query was also left with Judge Welch’s secretary as to three property transactions recorded in neighboring Riverside County, attributed to a “James Michael Welch, Trustee.”

Judge Welch has declined to comment. Presiding judge Jim McGuire issued a terse letter on August 12th, 2009, in response to an inquiry from the Sentinel about the Welch loans and Riverside County transactions. McGuire stated:“Please be advised that I have received and reviewed your letter of August 11, 2009. Please be further advised that I am an administrative presiding judge and, therefore, my review jurisdiction is limited. Nothing contained in your letter is of a nature over which I would have review jurisdiction. Any request for review or investigation by me is, therefore, denied.”

There has been no confirmation or denial from the court as to whether Welch’s exodus from his probate assignment in Redlands had any bearing on the recent media scrutiny given his actions as a judge or his apparent bias towards cases involving Melodie Scott, who recently launched a legal protest concerning the denial of her fiduciary license by the California Professional Fiduciary Bureau.

This practice of judges taking out large loans appears to be widespread and crosses county boundaries. Information gathered on Commissioner John McCoy and Judge Sharon Waters (both of Riverside County) has recently been turned over to a Riverside County district attorney investigator, Jeff Chebahtah. While Chebahtah has acknowledged receipt of the information on the Waters and McCoy loans, he has at press time refused to assign a complaint/case file number. The practice of accepting evidence and refusing to assign a tracking number has been previously explored by this reporter in an article entitled: “How the California Justice System covers up crimes against the elderly: A method to themadness” and appears to be deployed when either the matter is too trivial for the district attorney to take seriously or when there is a political agenda to keep the report out of the system and thus not to investigate at all.

Parenthetically, both McCoy and Waters were recently and consecutively removed from an active case in Riverside Superior Court, following a protest lodged that the loans smacked of pay-offs or bribes.

In San Bernardino County, Judge Steve Mapes ascended to the bench in 2007 and currently sits on Barstow court, following his tenure as an deputy district attorney in San Bernardino. Mapes has also been involved in the loan program, apparently going back to 1998, when he took out a loan on his home on Patricia Drive for over $155, 000. He subsequently took out further loans on his property, including loans for $100,000 in 2001 and 2002, another loan for $307,500, also in 2001, one for $88,500 in 2002 and a loan in 2004 which was in excess of the value of the house, recorded at the tax assessor’s office as $427,528. This loan was taken out for a resounding $493,000.

More recently, in 2006, he again borrowed money against his property. Since 2001, Judge Steven Mapes has received seven different reconveyances on his loans.

*Page 1 of this week's Sentinel features a story on several members of the California judiciary who are taking out numerous large property loans and paying them back in record time. There are unanswered questions as to the reason for these loans: where is the money going and --most importantly-- who is paying these loans off? This is the first in a series of articles examining the finances of the California judiciary and other public officials.

Related Stories by Janet Phelan : How Conservatorships/Guardianships Are Used as Tools of Theft and Corruption

Some Attorneys Find Elder's Estates Irresistable!

By Matt Zapotosky

Washington Post Staff Writer

A prominent La Plata lawyer was charged Wednesday with stealing hundreds of thousands of dollars from an estate he was appointed to handle, and investigators are exploring the possibility he might have taken money from several other clients.

Frank P. Jenkins, 44, was charged with one count of theft over $500, according to online court records. Police did not immediately release all the details of Jenkins’s alleged scheme, but said he took hundreds of thousands of dollars from a woman who thought the money was being set aside in a trust as part of an estate settlement.

Jenkins apparently withdrew money from the trust himself, police said, though investigators are still probing what he did with it.

A woman who answered the phone at a number listed in Jenkins’ name hung up Wednesday evening after a reporter identified himself. Online court records show Jenkins handled a wide variety of cases ranging from divorces to contract disputes to criminal indictments.

Source=>>

Woman Found Dead, Daughter Arrested For Elder Abuse

By BakersfieldNow.com Staff

Bakersfield, CA--Darlene Blair was found dead on her living me floor around noon on Friday. Her daughter, Dana Blair was arrested for elder abuse.

The Kern County Sheriffs Department says they were called to the home at 1111 Dawn way in South Bakersfield after receiving a call from a medical unit that had been dispatched to the home for the death.

While medical crews were at the home a verbal argument broke out and they called deputies to assist.

Neighbors say they have called 911 numerous times and have witnessed Dana abusing her mother, "It all was bad, the black eyes, the bloody lips, the bruised ribs, everything, it was bad" said Jean Hodge, Blair's next door neighbor.

Hodge claims that on Thursday night she witnessed Dana push her mother off the front step. Hodge went over to assist with the injuries and says Darlene looked like she "had been in a car accident."

Deputies were called to the home for that incident but according to Hodge Darlene refused treatment and help so they left.

"Its the elderly not wanting to speak against their loved ones, they love them, and it was her daughter, I mean what are you going to do," said Hodge.

The Sheriffs department does not know if the alleged abuse had anything to do with the death. An autopsy is scheduled for Monday to determine the actual cause.

Orwellian Tactics To Put an End to Elders Rights in Florida

Reposted from 8-21-09

Carol Kinnear, second from left, flanked by daughters Kellee Watt, left, and Kathy Howland, with grandson Matt Howland.

Drew Harwell, Times Staff Writer hat tip EstateOfDenial.Com
Original=>>tampabay.com

Her wish was clear: For the rest of her life, regardless of her health, she wanted to stay home.

CLEARWATER — Carol Kinnear, a retired Belleair Elementary teacher in the early stages of Alzheimer's disease, signed an update to her trust in June 2008.

She had lived there for more than 30 years, crossing the road to Clearwater Beach and reading Mary Higgins Clark mysteries on the wraparound porch. As long as she could afford the at-home care, she decided, she would stay and watch the sunset.

The trust provision, her daughters thought, would assure she could do that.

On Monday, Kinnear, 78, was taken from home and moved to an unnamed facility, the act of a court-appointed guardian. She would be treated there for “high anxiety and confusion,” the guardian wrote in an e-mail. Her children, blocked from contact, were told it was in their mother’s best interest.

Earlier this year, to safeguard their mother’s estate after money had come up missing, they had filed for guardianship in a Pinellas court.

Now they find themselves the victims of unintended consequences, guarded against by the person they had sought for help.

“My mother has means. She doesn’t need to be in a secret home,” said daughter Kathy Howland, 50, of Largo. “She set this up long ago to make sure this wouldn’t happen.”

Local attorneys, however, say the guardian has done nothing wrong. When Kinnear was deemed “incapacitated” in April, court records show, her rights to decide medical treatment, residence and “social environment” were transferred to the guardian.

“The guardian’s determination trumps whatever language was in a previous trust,” said Richard L. Pearse Jr., a Clearwater guardianship lawyer. “The home environment is not always the best suited to provide a high level of care, even if the money is there.”

Trusts cover the delegation of assets but not personal wellbeing, said Elizabeth Wall, a St. Petersburg attorney representing Kinnear’s guardian, Teri St. Hilaire. The documents are too unrestricted and inflexible to establish sound health decisions.

“A guardian is obligated to attempt to comply with a person’s wishes,” Wall said. “But you can’t anticipate the future. …

If following their wishes puts them at risk, then you have to do something different.”

Among some of the county’s 3,000 open guardianships, Kinnear’s situation is a common conflict. Irene Rausch, a former president of the Florida State Guardianship Association, said guardians and families often differ on what would be best for the ward.

“It’s kind of difficult when a professional guardian is appointed because family members say, ‘Who are you? I’m a family member. I’m entitled,’ ” Rausch said. “People are very fearful of guardianship. They try to avoid it.”

Kinnear’s daughters had thought it could help. A guardian would have the power to manage her health care and assets, including the beach home once appraised at $1.8 million.

Problems, they said, began soon after.

Kinnear’s first guardian, Sandra Scott, caused her to fall after giving too high a dose of medication, said Kellee Watt, 45, of Indian Rocks Beach.

St. Hilaire, who replaced Scott on July 1, didn’t return phone calls and e-mails from the daughters.

Requests for different aides after Kinnear complained of verbal abuse were ignored. The move on Monday was based on a doctor’s recommendation, St. Hilaire wrote in her e-mail, but neither Kinnear’s longtime physician nor her neurologist were consulted, Watt said.

Neither Scott nor St. Hilaire responded to messages this week from the St. Petersburg Times.

The statutes don’t clearly define how involved guardians must keep the family. Average caseloads of 40 to 50 wards, Rausch said, can make it tough for guardians to keep up.

The daughters have recourse to assess the guardian’s methods — filing for a court monitor. But that means more paperwork,

procedure and time while their mother waits away from home.

“What is concerning to me is the structure and lack of oversight for guardians,” Watt said. “They’re essentially without a boss.”

Source=>>

“The guardian’s determination trumps whatever language was in a previous trust,” Save your money, Trusts,Power of Attoneys, Surrogate Health Care Documents,
are all worthless they are " too unrestricted and inflexible to establish sound health decisions."

As has been my personal experience in my opinion these documents are a joke they do not hold up in court unless it benefits the guardian and or their attorneys who customarily charge upwards of $400 per hour up until the elder's assets are depleted to do tasks that family members here to performed out of love.

Furthermore do not be shocked or surprised when family members are demonized and for the elder's own good are blocked from contact from the elder as this is standard operating procedure in these cases, however they are kept separate and the media does NOT report on this blatant violations of civil rights since elders are not highly valued, an elders loss of contact with his children/grandchildren/loved ones and the subsequent draw down of the elders wealth, (Asset Consfiscation) (IRA)Involuntary Redistribution Assets is considered no big deal , as this only affects elderly people.....

Starvation and Dehydration ;Florida Please Get Tough On Elder Abuse! They Deserve Better..

By Missy Diaz South Florida Sun-Sentinel

WEST PALM BEACH - Living in a hot room and being deprived of fluids -- not Alzheimer's disease -- killed 89-year-old Elly Lorey, a geriatric psychiatrist testified Wednesday at the first-degree murder and elder-abuse trial of Lorey's caregivers, her daughter and son-in-law Kerstin and Toby Fenn.

According to the state's case, Lorey lived like a prisoner in the master bedroom of the Woodchuck Court home in the Cimarron neighborhood, west of Boca Raton. While her daughter and son-in-law went to work, Lorey passed the days in the barren, isolated, locked room where the air conditioning vent had been nailed closed with a pizza box top.

Lorey's eating and smearing feces, and her clawing at the walls and eating the drywall were indicative of dementia and Alzheimer's disease, Rabins testified. But they probably were exacerbated by the anxiety she likely felt by the dearth of human contact, he said.

When Lorey died in September 2005 she weighed 80 pounds. The Palm Beach County Medical Examiner determined the cause of her death was starvation and dehydration.

Abridged for EA read it all here =>>Sun Sentinel

Missy Diaz can be reached at mdiaz@SunSentinel.com or 561-228-5505.

------------------------------
These stories of elder abuse break my heart , the first reaction is always disbelief, How could a son or a daughter allow this to happen ? This is similar to what happened in my family with the exception that in my case where caring and watchful family members were able intervene in time at an elevated cost in legal fees in the hundred's of thousands of dollars , and the agencies who were in place to protect the elders, when notified in time to be able to make a difference the Florida DCF, just passed the ball to the civil courts.

This seems to be the the Modus Operandis, just pass the ball..and this, is the end result.

Clara "Remenbers", has Nervous Reaction.- 'A Statement'

This morning, as I find myself away on business and away from my mother Clara G. Fernandez in the country where we took refuge from the Florida DCF and the agencies that are funded with our tax dollars to help our elderly,but who instead seemed to be working for the 'other side' and who failed miserably to protect Clara from being kidnapped and subsequently abused, exploited, and left faced down in a hotel room, drugged ,exploited and injured , never to walk again under her own power.

These agencies and public servants who lacked the intelligence or the resolve, mostly because they seemed to be in the "BAG" for the attorneys who were making the 'Big Bucks' to tell the 'bad guys from the good guys' and those same agencies that failed to protect my late father's life Dr. A.J. Fernandez or to protect Clara G. Fernandez from certain horrors that no one should ever have to experience in any so called 'civilized society'.

After all this web site is about Abuse and is about Clara so as I attempt to document the most horrendous crimes to our elders,crimes that involves , torture,willful negligence, exploitation, crimes to which state agencies seem to place 'special interests' above human interests.

**We have reproduced the following conversation......................


*romina@mail.com said (8: 06 A.M.): Ray Clara I did not sleep at all last night, she kept shouting a lot saying that Bill (Hart) is going to take me away, she kept calling out to her father 'papio' and wanted to tell him all the bad things that those people 'Aldalberto Fernandez and William Hart' did to her. She keeps asking for you and is very nervous.

romina@mail.com said (8: 07 A.M.): Saying that they are bad that they are very bad , please 'papio'(her deceased father) come here , I need you to be here with me.

romina@mail.com said (8: 08 A.M.): We did not leave those her alone for one second , she says "Please do not leave me, Please do not leave me alone because what those "jentusa" (trash) did to me. Jesus, what terrible trauma she has when she remembers that and she says that you are the only one that takes care of her and that you are her beautiful son.

romina@mail.com said (8: 10 A.M.): We stayed up all night with her in the early morning hours she continues crying out "My God, my God ,do not let them take me , please do not leave me." Those predators the bad things they did to her and now they left that poor woman with a horrible trauma.

romina@mail.com said (8: 11 A.M.): But don't worry we are taking care of her well and giving her some calming tea for her nerves.

Ray said (8: 28 A.M.): What horrible thing they done to her, what barbarity
How is it possible that the agencies we trusted to protect our elders turned their backs on her ? after all the public service and volunteer work she did .....

Ray said (8: 30 A.M.): It gives much resentment, that we as well have been very traumatized by those criminals and that they have been given a free pass to do what they please with old women and widows.

romina@mail.com said (8: 30 A.M.): Ray she is shouting "Do not leave me"

romina@mail.com said (8: 32 A.M.): We are taking every measure to calm her down , we tried taking her to the balcony , but she does not want to go,she is very much afraid that they will come and take her away.

Ray said (8: 32 A.M.): Tomorrow the plumber comes, and we will continue with the remodeling of the apt , but please tell me if she gets any worst and I will come right away.

Ray said (8: 33 A.M.): I hope she calms down

romina@mail.com said (8: 32 A.M.): those people be dammed for what they did , we re all so upset for what they done to her.

Ray said (8: 33 A.M.): if if Ray said (8: 33 A.M.): Giver her a Lorezapam so that she calms down if necessary.

romina@mail.com said (8: 33 A.M.): WE already did that , it didn't help much , and my mother said is better to giver tea , so we are now making some more calming tea to give her , Ray I called you on the cell phone but you did not answer , I wanted you to personally hear her crying out against what they did to her, I wanted you to personally witness that !

romina@mail.com said (8: 34 A.M.): WE thought with Alzheimer and all she would soon forget what happened, but she has not and we all are saddened by this, that's why I wanted you to listen to her on the cell phone

romina@mail.com said (8: 35 A.M.): they are giving her a warm bath , Ray she did not sleep at all last night.

Ray said (8: 35 A.M.): ah, that must have had nightmares

romina@mail.com said (8: 36 A.M.): She was sleeping soundly and then as if all of a sudden she gave a horrible cry

(8: 36 A.M.): Ray said wow

romina @mail.com said (8: 36 A.M.): she is still sobbing and crying, saying, "please don't them take me, what those people did to her is so bad.

romina@mail.com said (8: 37 A.M.): and she keeps calling out to her father 'papio'

Ray said (8: 37 A.M.): We saw this coming we implored her not to go anywhere with Al and Bill , we did everything possible to keep this from happening, except tie her down
it is a shame that this barbarity was allowed to happen

romina@mail.com said (8: 37 A.M.): yes, but you have to remember she had dementia and Alzheimer , she was not able to make sounds decisions and they took advantage of that..........

Ray said (8: 39 A.M.): Yes, I know and I will suffer the rest of my life knowing that we did not do more to stop it. I have to go to work now, but if she worsens call the doctor and tell him to come right away..........

............................................................
* I have slightly altered Romina's E mail to preserve her privacy and prevent intimidation and reprisals

** Original conversation took place in Spanish, translated to English with the help of :
http://babelfish.yahoo.com/translate_txt

Related Articles:

Letters to Editor Re: Adalberto J Fernandez Jr & William (Bill ) Hart

825.103 Exploitation Laws : Why Are They Not Enforced?

Clara in Exile to Escape Oppresion

USA Most Dangerous Place To Grow Old

Florida Statute 825.103 Exploitation Laws : Why Are They Not Enforced?

(1) "Exploitation of an elderly person or disabled adult" means:

(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

1. Stands in a position of trust and confidence with the elderly person or disabled adult; or

2. Has a business relationship with the elderly person or disabled adult; or

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

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

These are the 'LAWS" Why are the people who are paid our tax dollars, Looking the 'OTHER WAY'?

Warning to Elder Persons : F.B.I. Scam Used to Rip Off Elders

...When you have scammers wanting to get on the action, everyone wants to jump on the bandwagon of ripping off our elders and they are blatantly and openly posing as FBI agent John S. Pistole who is a senior member of the Federal Bureau of Investigation.^[1] In October 2004 Pistole was appointed the FBI's Deputy Director agents.

These people rip off our elders with impunity, white collars rip of our elders, welcome to the pinata folks, step right up folks , everyone gets a piece................

Welcome To Federal Bureau of Investigation.

JOHN P.PISTOLE
DEPUTY DIRECTOR FBI
FEDERAL BUREAU OF INVESTIGATION FBI WASHINGTON DC.
Email:fbifbioffices@aol.com.

FBI SEEKING TO CRIMINAL,CYBER,RESPONSE,AND SERVICES BRANCH.


Attn: -

We, the federal bureau of investigation (FBI) recently had a meeting with the Co-founder of Ellen Charity Home in the person of Mr. Brian Mayer and his publicist Mrs. Miriam Benson along side some officials from the organization regarding the death of Mr. Davis Ruben, the husband to Mrs. Ellen Doris Ruben who is resting in the bosom of the lord due to a contracted illness (cancer of the lungs). Until his death Mrs. Ellen Doris Ruben and her husband had set up another Charity Organization in Cairo, Egypt which was commissioned May, 2002.

In addendum, also be informed that after a random deep pick, you have been certified by our global authorities to become a beneficiary to receive the sum of 10,000,000.00 (Ten Million Dollars) allocated to you from Ellen Charity Home, Egypt. We were made to understand that your file has been held in a base depending on when you personally come for the claim, we have also been informed about some con artist trying to use every possible measure to claim your inheritance without your notice as you already should be aware of the situation. We were also made to understand that a lady by name Mrs. Lisa McGregor from Chicago already contacted Natwest Bank Egypt and also presented all necessary documents evidencing your claim purported to have been signed personally by you prior to the release of your benefit valued at about us$10,000,000.00 (ten million dollars) but Natwest Bank Egypt did the wise thing by insisting on hearing from you personally before they go ahead on wiring your fund to the bank information which was forwarded to them by the above named lady. For this reason we were contacted as to assist the bank in making their investigations.

If you are dealing with any person or office claiming to be from us, you must desist from further communications. You are further advised to stop further contact with them in your best interest and contact immediately the real office of Ellen Charity Home Egypt only with the below information's accordingly:

Name: Mr. Brian Mayer (Co-founder)
Office Address: 11 El Shams Bldgs., 8th District Nasr City, Cairo
E-mail: Ellencharityhome@live.com
Ellendianedorris@live.com


Tel: (+2) 0117409022
Fax: (+2) 0141145001

Note:
In your best interest, any message that doesn't come from the above official email address and phone numbers should not be replied to and should be disregarded accordingly for your safety. Meanwhile, we will advise that you contact Ellen Charity Home Egypt office immediately with the above email address. Ensure that you follow all procedures as required by them; it will further help hasten the procedures as regards to the release of your fund to you as designated. Have in mind that Ellen Charity Home Egypt has their own protocol of operation as stipulated on their terms, so delay could be very dangerous. Once again, we will advise that you contact them with the above email address and make sure you forward to them all the necessary information's which they may require from you prior to the release of your fund to you accordingly.

All modalities have already been worked out even before you were contacted. Also note that we will be monitoring all your transaction with them as you proceed. All we require from you henceforth is an update so as to enable us be in track with you and Ellen Charity Home Egypt. They will also refer you to the paying bank after they have crossed checked with their records evidencing you to be the true beneficiary to this inheritance. If you are in need of any more information's as regards to this notification, feel free to get back to us so that we brief you more as we are here to guide you during and after this project has been completely perfected and you have received your inheritance as stated.

Thank you very much for anticipated Co-operation.

Best regards

John P.Pistole
Federal Bureau of Investigation
935 Pennsylvania Ave, NW
Washington, DC 20535
Email:fbifbioffices@aol.com.


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I have Written Congressmen and Senators, What Else Can I Do?

Dear Ray;

I live in Florida too, and have just recently gone through this shocking system. My companion of eleven years was taken to court by two greedy nieces who came in from out of town. My friend was taken to court this Summer , never to return home again. The locks were changed on his house and he was placed in a grungy "retirement home." It has been a nightmare! A guardian was given control of his medical and his finances. I am still the trustee, but the nieces are now fighting that! These are the same nieces that my elderly friend didn't even speak to for the past four years because they were wanting their mother, his sister, to change her will to leave more to them.

Do you know of anything more in Florida I can do?

I have already written to the congressmen and senators.

Author's name withheld upon request.

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When I wrote about what is happening to our elders many still can't believe, and wrote to me, folks I am not making this stuff up, I wish I was this is really happening, right here in America....

People are afraid to speak up because of retribution, I know I been there, I was afraid to speak up during the time my mother was in a g'ship because these people have the power of life or death over your parents and if you piss them off they just might prohibit you from EVER seeing them ever again!

People are desperate for help, Congressmen turn a blind eye , politicians don't want to talk about it, elderly hardworking,law abiding, decent Americans write to me and ask ....

Do you know anything more I can do?

And they are AFRAID (as in terror) that their names be made public ! What does that tell you about a system that preys on the elderly and then uses fear to keep elderly members of the silent majority from letting the rest of you find out about what's is actually happening to our elderly population?

"The system. Its totally messed up"

"The system. Its totally messed up. Lawyers charge too much, lawyers don't want these cases, judges don't want to see them either. People avoid the topic because its nasty. The evidence never truly GETS looked at.The system avoids the prosecution. The laws are wrong. The competency-incompetency crap has to GO. The criminals are never truly punished. Agencies DO truly need more education and lawyers do too". Cindy

Elders Kept in Concentration Camp Conditions in the USA*

Many of you are in EstateOfDenial of the constant barrage of news of Elders whose lifetime of sacrifice,savings,home,are confiscated then are sent off to what channel 7 ABC News describes as prison camp conditions in this report =>>here then the report goes on to say that elders in the camp are made to forced to "go to the bathroom in buckets." reminiscence of reports from camps in Nazi Germany?

Only a handful of these cases make it to the prime time media, then you have the usual hand wringing of politicans who plead ignorance and make statements like Senator Jane Nelson who says, “I could not believe that what I was seeing was taking place in this country,” said the Senator from Texas.

The Senator,Congressmen,Judges,and the vast 'silent majority' might not want to believe that this is happening in the USA but guess what Senator! It's time to start believing because there are too many of us who have lived the forced incarcerations, the degradation,the confiscation of even social security income that the elders depend on for their very survival (documented) .

“I just can’t imagine how this can happen. It is so degrading,” said Senator Jane Nelson of Michael and Jean Kidd's forced incarceration,isolation and confiscation and planned sale of their home, well senators, friends, You better start 'Imagining' and you better start 'Believing' because this is far too real and too horrifying to turn our head the other way and pretend it isn't happening.

*I say concentration camp conditions because 'prison camp' conditions is not accurate and is attempt to whitewash the crimes being committed against our elder population by our subservient MSN media . I say this because in prison camp conditions prisoners are NOT forced to go in buckets but have bathrooms, prisoners are given the benefit of legal help, our elders are not, prisoners are not chemically restrained, our elders are, prisoners are not isolated from their families, Our elder are.

**I might add that investigators only do something about this problem when widely reported in the mainstream media, for the vast majority of Elders Americans caught in the snare don't have access to the mainstream media, the confiscation,the forced isolation,the degradation,the agony goes on unabated.

by Ray Fernandez


Video Released by ABC News Saturday, September 05, 2009

Watch Video here=>>http://abclocal.go.com/kabc/video?id=7000474

For Every Victim Reported There Are Many That You Don't Hear About

By Michael Owens Reporter / Bristol Herald Courier
Published: September 6, 2009

BRISTOL, Va. – Kim Clabo’s mother-in-law entered the National Healthcare Bristol nursing home in 2003 with a penchant for autobiographies on tape. She gushed about movie stars and strong women, and fondly recalled her ball dancing days.A year later, the woman whose family considered a great conversationalist was gone.

.....the NHC nursing staff kept the woman sedated with anti-psychotic drugs, prescribed to keep her quiet.......

..Now that a former nursing aide who cared for Clabo’s mother-in-law has been arrested on charges of sexual abuse, Clabo wonders if they got it all wrong.

Was her mother-in-law a casualty of old age, or a silent crime victim?
“She never told me that she had been abused,” Clabo said. “But she would never have told me something like that.”

“Me and my family are experiencing emotions that we can’t explain.”

Abridged for E.A. read it all here=>>
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Yes I know, You didn't believe this could happen in 'your family' to your 'mother' who did not complain perhaps she did not want to worry you or perhaps she was too drugged out of her wits, she was given drugs to keep her quiet while she was being (allegedly)physically and emotionally raped.You did not think this could happen because you 'trusted'.
We all trusted, Welcome to the wonderful world of Disney. We all been there, not just our parents but we all have been raped.