Showing posts with label Comments. Show all posts
Showing posts with label Comments. Show all posts

Sunday, October 17, 2010

Famous Quotes.- In times of Deceit

“In a time of universal deceit, telling the truth becomes a revolutionary act,” George Orwell
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Democracy isn't about talking pretty or playing paddy cakes all day , it is about telling the truth and the truth is sometimes ugly, often times people do not want to hear it, but we are going to tell it here and we are going to expose the people that feel that can profit from the misery of others and operate in the darkness with inmunity.

The war against elder abuse is going to be fought with tears and suffering also with facts, statistics and truth and we are going to fight it one battle at a time and we are are not going to be intimidated into silence.

Sunday, September 26, 2010

A Nation Of Laws ! For Whom? New Bill Sucks

I picked up from this lively discussion from a Elder Abuse , ocasionally feeble attempts to legislate elder abuse protection guidelines are talked about and here are some of the comments, followed by the proposed new rules,followed by my comments;

Voiding a power of attorney should be illegal and it is absolutely unconstitutional.

The person was competent when they named the power of attorney and their agent and this is overriding that person’s wishes.

Someone should write these sorry legislators and ask them why don’t they just add that a guardianship voids an advanced directive and the persons last will and testament too.

They cannot go back in time and declare that person incapacitated.

These idiots are nothing but a bunch of crooks.

Who do we write to ?

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If you're talking about the suggestions from WA State - that piece of junk was put together by the WSBA - Elder Law Committee

. They created it and sent it out in the hope of finding a sponsor. I am writing to those to whom they sent it (WA State legislators) and also to the committee itself. They didn't address the issues and they deliberately confused things by mixing minor guardianships with the adult g's. And that is saying nothing about the ease with which they dismissed poa's. You can write to:

Washington State Bar News
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539

You can direct it to the Elder Law Committee.
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If you want, forward those comments to Rep. Moeller's office. His aide told me that they want comments and that he hadn't decided if he was going to sponsor the bill. If you want to send him a note, his email address is: Jim.Moeller@leg.wa.gov
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I think this bill sucks! They lost me when they stated that all existing powers of atty are VOIDED when a guardian is appointed. This is just more of the same laws to abuse and exploit the victims they are targeting
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BRIEF DESCRIPTION: Implementing recommendations from the Washington state bar association elder law section's executive committee report of the guardianship task force.

AN ACT Relating to the implementation of recommendations from the Washington state bar association elder law section's executive committee report of the guardianship task force; amending RCW 11.88.095, 11.88.140, 11.92.053, 11.92.040, and 11.92.050; and adding a new section to chapter 11.88 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 11.88.095 and 1995 c 297 s 5 are each amended to read as follows:
(1) In determining the disposition of a petition for guardianship, the court's order shall be based upon findings as to the capacities, condition, and needs of the alleged incapacitated person, and shall not be based solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of the person or estate shall include:
(a) Findings as to the capacities, condition, and needs of the alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review period;
(c) ((When the next report of the guardian is due;
(d))) The date the account or report shall be filed. The date of filing an account or report shall be within ninety days after the anniversary date of the appointment;
(d) A date for the court to review the account or report and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment and follow the provisions of RCW 11.92.050;
(e) A directive to the clerk of court to issue letters of guardianship that expire on the date specified under (d) of this subsection for the review;
(f) Whether the guardian ad litem shall continue acting as guardian ad litem;
(((e))) (g) Whether a review hearing shall be required upon the filing of the inventory;
(((f))) (h) Whether a review hearing is required upon filing the initial personal care plan;
(i) The authority of the guardian, if any, for investment and expenditure of the ward's estate; and
(((g))) (j) Names and addresses of those persons described in RCW 11.88.090(5)(d), if any, whom the court believes should receive copies of further pleadings filed by the guardian with respect to the guardianship.
(3) If the court determines that a limited guardian should be appointed, the order shall specifically set forth the limits by either stating exceptions to the otherwise full authority of the guardian or by stating the specific authority of the guardian.
(4) In determining the disposition of a petition for appointment of a guardian or limited guardian of the estate only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or of making other personal decisions and, if not, whether a guardian or limited guardian of the person of the alleged incapacitated person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or durable powers of attorney shall be revoked upon appointment of a guardian or limited guardian of the estate.
If there is an existing medical power of attorney, the court must make a specific finding of fact regarding the continued validity of that medical power of attorney before appointing a guardian or limited guardian for the person.
NEW SECTION. Sec. 2. A new section is added to chapter 11.88 RCW to read as follows:
A guardian or limited guardian may not act on behalf of the incapacitated person without valid letters of guardianship. Upon appointment and filing the bond, unless the bond was dispensed with by the court, the clerk shall issue letters of guardianship to a guardian or limited guardian appointed by the court in the following form, or a substantially similar form:

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Editors comments:

Lawmakers aren't stupid, they know exactly what they are doing and what group these laws will favor. I have you know that when I went to court to terminate my mother's g'ship the POA was the only thing standing in the way and it was the deciding factor in ending the g'ship, it was like a thorn in the Guardian's side and it cost that Guardian lots of missed income by being forced to terminate the guardianship because of that pesky Power Of Attorney.(POA)

Legislature to void Wills,Directives,Etc does not have to be written it is implied that G'ships already voids these! As it was explained to me by the Guardian lawyer, Wills, Directives,Etc are normally valid but when extenuating circumstances such as a challenge to these documents by a disgruntled family member, they are automatically left up to the discretion of the court to decide.

Of course POA's executed when a person is competent should stand as wills , directives and other pre planning documents, unfortunately some of you are living in the past when we were a nation of laws, look around you and stop drinking the kool aid.
Laws no longer matter.

744.3215 Rights of Persons Determined Incapacitated.--
1) A person who has been determined to be incapacitated

(2) The order appointing a guardian must be consistent with the incapacitated person's welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person's ability to do so.

How much clearer does it have to be that a G'ship is the avenue of last resort as long as there are qualified family members to care for the elder yet the probate court graveyard is littered with family members whose naiveté's let them to invest their own money fighting the courts to take care of their own loved ones thinking that justice would prevail.

Ray Fernandez

Tuesday, June 29, 2010

How Long Must We Tolerate This?

Im getting more and more letters and comments like these! What is going on ? What are our Lawmakers doing to prevent this dictariorship like behavior! I can no longer keep with up the volume of E mail or pleas for help! How long must we tolerate this?

"My family is currently dealing with the same problem, with a judge who has made three appointments of people who present large bills for their services. The judge has refused to allow the family to care for an elderly relative--this judge insists that a nursing home is best. Her estate is being fleeced, and finally, when her funds are depleted, I wonder if the family can then have permission to care for her?

I'm beginning to wonder if my relative didn't have any money, would the judge be so interested in appointing all these people? "

Wednesday, June 24, 2009

Americans and the Elderly

Open Letter to Journalist Janet Phelan:

Hi Janet;

As you know I have been busy relocating to a 3rd world country where the mantra "The best government is the one that govern the least" is the word and the people are the happier for it......My only question is why didn't I do this earlier? It is really culture shock to be where elder abuse is not an issue and people are always in a good mood,money isn't worshipped and people are not always trying to rip each other off....

Regarding your frustration regarding the poor support to the work you are doing,we both know the countless hours we both spend getting the word out is not supported by deeds, many activists I keep in touch with including well known author and activist Irene Masiello share in your frustrations , and as you know in the past when we have asked for donations to further our work the response has been lacking .

Bad guys are like rats there is so many of them that we could never hope to expose them as when you reveal one there are hundreds of others willing to take their place as the rewards in ripping off the elderly are great and have the support of many in high places as stripping elders of their wealth is a very lucrative business.

Perhaps this comment left on my web site helps better illustrate the general feeling of the American people towards the elderly and explains why movement to reform laws and pass meaningful legislature to protect the elderly people have gotten no where in the past 30 years.

"Brookerbs has made a comment on Elder Abuse and Isolation:

Who cares about old fugly people. They are worthless to society and
their time is up. I wish that all of the elderly people in the world would blow up and that would help keep the population down.


This comment requires your approval. You can approve or reject it by
visiting the comments page.


I share in your frustration as so does a lot of elder abuse activists whom I am in touch with on a regular basis and perhaps this comment expressing public sentiment towards the elderly
and public officials who offer lip service but do little in the way of reform helps better explain why the grave robbers, opportunists,looters ,vultures and cockroaches are able to get away with it as long as they have...

Ray Fernandez
EditorElderAbuseHelp.Org

Friday, April 17, 2009

Letters to Editors : So Far Away

So Far Away

I have drifted so far away from the normal proceduresof growing old......... or young! I have seen things that I cannot forgive....... things that I will take to my grave!

I don`t remember the America that our parents sacrificedand paid a very dear price to give to us. It is long gone!Completely meaningless! So far away! So far away! Butnot that long, ago! What happened? How did things getso far away?

If my Father could see how my Mom died and what happenedto the rest of his family because of a forced guardianship,he would puke in his grave! And so would you! The life and money they stole! I just wish I could be as strong as he was. "No, they didn`t beat me, Dad, they beat us all!"

And it continues, today! Everyday of the week an elderlyperson is forced into a guardianship for their "protection!"But here is the bottom line,........ only if they have some money!And you know the rest of the story! Trusts, inheritances, willsare dissolved. Everything this person owns is liquidated! Andas the courts will tell you, it is done to "care" for this elderly person! But that is not, even, close to being true! It is done to make iteasier for the lawyers, guardians, courts, county agencies, etc.,to rip off entire estates from the elderly and it has been going on for many years in this country! It has to stop!

Willy

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I m sorry you feel this way, It is almost as if we have become a nation of thieves and no body is watching : what you've described happened to me and to so many other people that I can no longer keep up with them all!

Sunday, December 28, 2008

Sleepwalking Kid Held in Custody

MIAMI (AP) - Miami police are asking the Department of Children and Family Services to investigate after a 2-year-old boy was found sleepwalking in the streets.

Police say Tavaris Mack was sleeping with several other children at the home of his paternal uncle in the Liberty City neighborhood Friday. Authorities say the boy apparently got up in the middle of the night and walked out of the apartment. He then wandered nearly a block before a pedestrian called police around 4 a.m.

Family members say they awoke to discover the boy missing, and desperately began to search. The Miami Police Department has not filed any criminal charges in the case. DCF is investigating the incident and will determine if the child can return home.

Source: The Miami Herald, http://www.herald.com/
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I have sleepwalked myself and I assure you it is not a crime, please allow this child to come home to his parents, they committed no abuse.

In taking this child away from his parents you might be doing more harm than good, please consider giving this family another chance to remain together.

12-30-2008 Update

Wandering Toddler Returned To Family MIAMI (CBS4) ―

A toddler who was found wandering the streets of Miami early Friday morning has been returned to his family after an investigation by the Department of Children and Families.

Saturday, October 11, 2008

Please, America , We Need Your Help!

Fifty years ago, as the wife of a USAF active duty military man and a young mother, would I have believed I would read and now know from personal experience in my family issues regarding ELDER ABUSE, NEGLECT and EXPLOITATION.

I would never have believed that any people that came to this country as in my family, helped lay the foundation that enabled this to be the country, America, would suffer from a pandemic known as ELDER ABUSE in the year 2008, my 70th year.

Now I think, what will America be for generations that follow? If it is alright to KILL and/or ABUSE,NEGLECT and EXPLOIT these people and apparently many think it is, the answer is very obvious.Some may ask, why spout GLOOM and DOOM?

Well, it cannot be denied that it is happening! Do we not have a RIGHT to know WHY anyone suffers ELDER ABUSE? WHY THIS UNEQUAL JUSTICE IN AMERICA? And WHAT IS GOING TO BE DONE ABOUT IT? We as a nation MUST DEMAND ANSWERS and INSIST ELDER ABUSE BE STOPPED! Please.

AMERICA, WE NEED YOUR HELP!

Monday, October 6, 2008

Is Legalized Murder-Euthanasia-Becoming a Common Practice in USA

Ray;

Please let everyone know. I took my mother's guardianship that commenced in the wrong venue with many other Chapter 744 abuses and errors up to the 5th DCA court of appeals. On July 21, 2008 my mother was given an overdose of morphine sulphate which caused cardiac arrest (her death).

NOW the co urt of appeals, 5th DCA, has dismissed my challenge of the guardianship saying that since my mother is dead, the point is "moot." However, until a personal representative is appointed, the guardian still has my mother's money which should have gone to me by now because the accounts were POD/ITF to me. I'm think of going on the the Florida Supreme Court because if all they have to do is kill the "ward" in order to cover up their wrongdoings, then murder has now become "legalized." Please let everyone know about this. Would appreciate any useful advice on how to proceed.
Angela

sharannd@comcast.net wrote:
What an awful story, Angela. I'm so sorry for what you have experienced. Thank you for sharing. Have you taken this to the prosecutor?

From: "eric c. baxter"

My dad was drowned like a rat just days before a court ruling would have freed him and exposed the embezzlement of hundreds of thousands of dollars by the guardian and his lawyer. We were even able to tell the police where the body would be found as we had intercepted emails detailing various threats and plots which they refused to acknowledge.

That lawyer was elected judge at about the same time and so remains above the law. Yes, it is likely wards are often killed to conceal wrongdoing and the authorities consider their lives worthless. Incidentally, my dad was a highly decorated veteran of three wars and I often think he really shouldn't have bothered to protect our evil society. Let's hope it soon collapses under the weight of its own rotted mass. Perhaps something can be salvaged. Meanwhile, I think of immigrating to whatever place has the fewest lawyers per capita.
-ECB

I have long thought addressing professional misconduct, engaging in conflicts-of-interest particularly, would be the effective way to prevent the great bulk of elder exploitation. We have discussed the possibility of new legislation to protect the elderly - as if only the law needed reform. Rather, I think we have enough well-written laws to systematically ignore as it is. The failure lies more in the hands of those who administer and profit from the law. Professional disciplinary bodies tout their chief purpose as being to "protect the public" and should be taken to task. How? I have no idea. But if they aren't, there is little that can be to save the elder whose life has fallen into the hands of an unethical attorney pretending to represent him and his welfare interests.

Below are links to the record of an attorney disciplinary matter in which the respondent was belatedly disbarred but is remarkable only because the state supreme court admitted therein how the "complaint was additionally prompted by the airing of a national television exposé on the topic of elderly abused by their children." Actually, the complaint had been made long before the broadcast which presented no additional evidence. So, it was purely the embarrassment of publicity which corrected the dismissal in the first sham proceeding. Of course, none of this was accomplished in time to benefit the client-victim or "protect the public". Read this, connect the dots. i.e., the foul deliberative droppings below, and one recognizes the spoor of kangaroos.

http://ladb.org/NXT/gateway.dll/HC/1998-04-29_96-db-059.htm
http://ladb.org/NXT/gateway.dll/DB/1998-10-21_96-db-059.htm
http://ladb.org/NXT/gateway.dll/SC/1999-09-08_1998-2646.htm

Incidentally, Louisiana disciplinary complaints are generally secret except for purposes of retaliating against the person making them. Moreover, this policy of secrecy defeats the collection of evidence and the very exposure which the disciplinary process admittedly requires. I would guess that an unethical attorney is more likely to be struck down by lightening than a national television exposé. So, what can be done? In the next day or so the Louisiana supreme court will scuttle litigation of my late father's succession and the last possibility of exposing his homicide by appointing a judge who can feign ignorance of the conflict-of-interest which precipitated his death.

Dear Ray;

I'm so upset and frustrated by this tyrannical guardian harassing us pretty much daily, I can't even think straight, this is such a sick system that no one seems to be able to do anything about, it's just bizarre, the lawyers protect the guardians, the judges protect the lawyers, while they are all profiting off of these "wards", court sanctioned abuse, neglect, exploitation and down right theft of these elder americans, what is happening?
Teri Sigman

I feel for all of you, I am one of the lucky ones, they released my mother Clara G. Fernandez from the Guardianship of Donald E. Yates on Friday , Oct 3 2008 alive. I was planning to go and buy her medicines and food on that day thinking that her social security income would also be available for her. Little did I know that would be too much to expect, my mother had to go without as the Guardian chose humiliation as a tactic of choice and to show his power over my 92 year old mother by witholding her much needed social security income.

I have never been so humiliated by having to beg for my own mother's income so that I can keep her alive, these people feel they deserve our parents money because they are unable to produce anything of value and must attach the sweat equity of our parents' legacy and get off knowing they have the power of life or death over our parents .

Our parents are expendable, and if they die in the process, it becomes a "moot point" Eric, Sharon, Teri our parents through the sacrifice shaped this country and the disdain that these of the "Control Group" lord over us of the sheeple class is nothing short of reprehensible.
Ray Fernandez

Monday, September 22, 2008

America for Sale- Petrodollars Snatch up Foreclosures as More Americans Move into Tent Cities

Homeless encampments dubbed "tent cities" are springing up across the US, partly in response to soaring numbers of home repossessions, the credit crunch and rising unemployment, according to a report.


by Ray Fernandez

Today I spoke with a Real Estate broker friend in central Florida whose name I will keep confidential, I asked how he was doing during the real estate slump. He replied "What slump I am busier than a one arm paper hanger!"

"How so" I asked to which he replied.

"I got a group of investors from the middle east awash with petrodollars that are buying up the foreclosures as fast as I can get them."

Source: Tent cities on the rise
thought you might want to know

Monday, September 15, 2008

Letters to Editor Sept 15 2008

"One can tell a lot about a country by the way it treats its weakest."
When ONE citizen in America is stripped of their civil rights, it should raise an alarm throughout our country.

I am the sister of a man (deceased)that was also stripped of his civil rights.
In my family, so many lives were forever altered and destroyed because of the misdeeds of others.

Elected and appointed officials, do something about the madness of Elder Abuse. Otherwise,

I suggest you hang your heads in shame.