A Heartbreaking Story of Elder Abuse and Legal Thievery

by Jim Fargiano

Until relatively recently, I was unaware of how rampant elder abuse is within the legal court system. For almost the last two decades, my life has been consumed by helping as many people as I could in a different way than most give help. I have informally counseled and helped thousands of people through the publishing of my book, as well as in private sessions as a medium/psychic. It was not until my good friend started to share her story with me that my eyes were opened to something far more prevalent than I was cognizant of; at least on a conscious level.

I have been privileged to know Diane for over five years. During that span, she has never been anything but helpful, loving and compassionate to everyone. Doing what I do for a living generally makes me able to be a pretty good judge of character. Ironically, it is a judge and his decisions that prompted me to write this article. The choices and attitude he has expressed have been protected by legal statutes. While they might be legal, they are far from moral, ethical or compassionate.

This all began approximately two and a half years ago. Diane's mother had given her power of attorney and named her the healthcare proxy. Like many families, there were disagreements with the siblings. Diane was being told that her brother and sister wanted to sell their mother's home and place her in a nursing home. While this elderly woman, Dorothy, had some early dementia and knee problems, she was still a vibrant, cognizant person. She had no interest in being displaced so that those two could have her money. Diane's family suggested she file for legal guardianship to protect her home and to protect her mother's life as well. It seemed to make an abundance of sense.

To tell the events of what unfolded quickly is really an injustice to the elder abuse that has incurred since. The siblings contested the petition for guardianship.

Instead of reaching a mediated agreement, the judge listening to the case decided he would be better at making decisions for everyone. He assigned a law guardian and a healthcare manager. It appears these three have worked together before.

Diane was immediately removed from what her mother wanted; to have her take care of her needs if there was any reason for it. As it was, Dorothy would spend many weekends at Diane's house. It must be noted that Diane works from home and took care of her father in his last years. It would give Dorothy a change of scenery and much appreciated love and companionship. All of that was about to change.

Diane, rightfully, brought in a lawyer to help overturn the judge's decision. This attorney had handled her parents' legal needs in the past. Not only was he familiar with the family dynamics, but he had intimate knowledge of what Dorothy wanted. He was even going to represent Diane pro bono. All he wanted to see was that this aged woman was allowed to live happily at her own home, or with Diane.

The Supreme Court judge, based in Nassau County, New York, took it upon himself to unfairly disallow the attorney's generosity and right to represent Diane. It was the first step in a string of negatively prejudicial rulings against my friend.

The law guardian requested that a reverse mortgage be approved for $275,000 on Dorothy's home of six decades. In open court, opposed by some, this magistrate authorized the financial decision and stated that the money would allow Dorothy to remain in her home for at least five years. It is now only two years later and all of that money has been spent. In addition, social security and a couple of small pensions were still coming in. In a mere twenty-four months, more than $325,000 had been frittered away!

As of the writing of this story, the judge has ordered Dorothy into a nursing home. In his ruling, he admits this goes against Dorothy and the family's wishes. The law guardian, healthcare manager and another person showed up unannounced and told Dorothy they were taking her to the doctor to check on a problem she was having. Dorothy, now eighty-seven years old, willingly went with them. She was hustled to a nursing home that was a distance far from the only child who has been battling for her freedom. She is frightened beyond belief.

The lie to get her into the car is one of a long string of deceptive tactics used by the law guardian, healthcare manager and the judge himself. There has been hearing after hearing over the last thirty or so months where the three of them have waged a war of defamatory statements, incredulous lies and perjury against Diane. They have fought the only daughter looking to do the right thing for her mother, with their end game being a complete bleeding of Dorothy's modest estate.

Her health has been compromised, and from my outsiders view, it was done solely to line their own pockets. The tragic thing in all of this has been that the judge, elected to uphold the rights of all people, has spearheaded his attack on an elderly woman.

How I wish I could condense hundreds of pages of documents into a short article. There was the theft of over thirty thousand dollars of jewelry. Dorothy stated that her other daughter absconded with it and she has been asking to have it returned. The supposed law guardian knows about it, but has refused to step in.

There was a sworn statement from another legal person stating that from all of the interviews she had with people familiar with the family, that Diane was seen as the most loving and giving child of the three. It states that her brother is known to have a violent temper and would be a danger to his mother. In court, the very same woman stood before the judge and said that this same man would be the best person to have Dorothy live with. In my opinion, these egregious actions of Diane's siblings has been overlooked in exchange for their support in allowing all of this to go on without their objections.

As I sum this up, I would share with you that there was a previous time that Dorothy was locked away for thirty days in another facility. She was denied the chance to be taken out by Diane for Thanksgiving, nor was she allowed to attend her only great granddaughter's christening; something that she wanted very much to be a part of. In trying to support Diane in whatever limited way possible, I have found that elder abuse is a much broader problem than I was aware of.

The National Association To Stop Guardian Abuse (NASGA) has stepped in to help with this case; one of a multitude they are bringing to the attention of Congress and other law related committees. It seems like power-hungry people who are trusted to protect the rights of our senior citizens run amuck and take advantage of them, their families and so forth. Justice is supposed to be blind, yet it is those in society who need not be blind to the fact that this goes on far too often. If you find yourself in a position to make a difference by correcting the wrongs of these judges and guardians, make sure you do not wait for someone else to fix it. What would you do if this was your Mom or Dad; if it was your family faced with this?

About the Author

Jim Fargiano is a student and teacher of spirituality and universal awareness. He has shared his ability to communicate with Spirit with thousands of people. There is a daily blog for like-minded people who are willing to improve their lives. Jim can be reached at http://www.JimFargiano.com.

Follow Jim Fargiano's daily blog at http://www.JimFargiano.blogspot.com

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Matricide—The Gift that Keeps on Giving

Ray Fernandez

On May 9, Judy Phelan got another installment of the pay-off money for her involvement in the death of her own mother. Amalie Phelan had been a clinical psychologist and widow of controversial investigative reporter and best-selling author, James Phelan.

The ongoing saga of the Phelan murder, intended to be a hush job, ended up spilling into the independent media when Judy’s sister, Janet Phelan, survived the attempt to silence her, an attempt botched by the Long Beach Police Department. Janet was unconscious for several days in a Long Beach hospital but ultimately survived the attack, which she states was spearheaded by LBPD Officer Loren Dawson. She has since left the U.S.

If Janet had succumbed, her sister Judith would have been the sole beneficiary of the Phelan estate, valued at around $1 million dollars.

According to the available records, Amalie nearly died in June of 2002, while under the “care” of her daughter, Judith and conservator Melodie Scott, who acted in concert with Redlands attorney J. David Horspòol and a shadowy agent for an alphabet intelligence agency, who goes by the name of “Jack Smith.” (http://www.phillyimc.org/en/happy-birthday-agent-smith) Judy, who was living with her mother at the time, was the “hands-on” part of the operation.

Janet Phelan was alerted to her mother’s distress and rushed to Temecula from Los Angeles on June 11,2002. She drove her mother to the ER at Rancho Springs Hospital in Murrieta, where Amalie was admitted and emergency surgery was performed. On returning to her mother’s home, Janet Phelan states she discovered evidence at the scene and contacted the Temecula Police.

Two days later, she was served with notice that Melodie Scott has gone to court and obtained a Temporary Restraining Order blocking her from seeing her mother again. In the application for the TRO, Scott falsely states that Janet “unnecessarily” transported her mother to the hospital, thereby upsetting her.

The Restraining order never came to hearing. Instead, Judge Stephen Cunnison signed a permanent restraining order in chambers, violating the due process clause of the U.S. Constitution.

Shortly thereafter, he issued a second Restraining order, blocking Janet from contacting any agency which could have possibly intervened and helped her mother.

“I was restrained from contacting the Department of Justice, the police, Adult Protective services and the Ombudsman for Nursing homes,” states Janet.

The records support Janet’s contention that she reported these events to every appropriate agency of record.

“I called the Temecula Police right after taking Mom to the ER,” she recalls. They came, they took a report which states it went to the D.A. for investigation. The D.A. denied receiving it. I then filed a report with the Special Investigations Unit of the District Attorney’s office, and the report “disappeared.” I filed a report with the California Attorney General. This went to Deputy AG Mark Geiger, who removed it from the system so that it couldn’t be investigated. I then filed a complaint with Geiger’s boss, Dane Gillette. Gillette failed to respond. I finally filed with the United States Department of Justice and got a letter back falsely stating that the statute of limitations had expired—on murder? I don’t think so—and that there was nothing they could do.

“I filed with the Commission of Judicial Performance, the State Bar, APS, the FBI and even with the California Professional Fiduciaries Bureau. There was a blockade at every juncture,” she says.

“I also contacted Internal Affairs at the LBPD after the cops tried to take me down and

I was told—incredibly—that I wasn’t “allowed” to contact Internal Affairs. They cited that second restraining order as a reason not to take my report and threatened me with arrest if I called them again.”

Amalie died shortly thereafter under suspicious circumstances. Janet Phelan was not informed that her mother had died until weeks after she had been buried.

In a concerted effort to reward Judy for her crimes, Melodie Scott first cut Janet off the Trust for a protracted period of time and utilized one of Amalie’s accounts at Bank of America to funnel money to Judy, an account she never reported to the court in the conservatorship proceedings.

The estate has dwindled, due in part to the pay- offs and also to the fact that Janet , who is a beneficiary, survived against all odds. The Trusteeship passed on to the Riverside Public Guardian’s office and in another effort to make sure that Judy is amply rewarded, the Deputy Public Guardian Elizabeth Aquarian recently made false declarations to the court concerning prior accountings in order to tap into Janet’s share and turn it over to Judith. On May 9, Riverside Superior Court Judge Thomas Cahraman signed the order approving this.

“My sister keeps reaping the benefits of attempted murder. It’s all about money for Judy,” she says. “I want her behind bars. But not only is justice being denied, these people are actually padding her pockets with blood money.

“I can hardly believe that this is happening in our country,” declares Janet. “If people are murdering their parents for money, with the full approval and sanction of the State, what does that say about our way of life? What does that say about our values and our system of justice?”

“We have a great system—on paper. In actuality, what we have is utter lawlessness and courts of privilege, abuse and pursuit of the Almighty dollar.”

Judith Phelan could not be reached for comment. Court records indicate that she is living in the San Francisco Bay area under an assumed name.

Attorney Defies Subpoena in Alleged “Murder-For-Money” Scheme

A San Bernardino County attorney has defied a court issued subpoena mandating that he turn over bank records which would allegedly implicate him in a “murder-for-money scheme.” The account in question belonged to a conservatee and was subsequently taken over by the attorney’s client, conservator Melodie Scott.

Attorney J. David Horspool has consistently denied knowledge of any Bank of America account pertinent to Amalie M. Phelan. However, records already obtained show that Horspool and Scott drilled the safety deposit box held in Amalie Phelan’s name at the very Bank of America branch location where the account was situated, calling into question his profession of ignorance.

According to Janet Phelan, Horspool and Scott withheld from the court all records pertaining to this account and also withheld information about two Bank of America VISA cards and used these to pay off Judith Phelan, Amalie’s eldest daughter, who then allegedly withheld Amalie’s necessary cardiac medicine in an effort to kill her in 2002.

Medical records confirm that Amalie Phelan was admitted to Rancho Springs Hospital on June 11, 2002, where she was then operated upon and a pacemaker implanted to regulate her heartbeat. Janet Phelan had transported her to the hospital. Amalie Phelan’s pulse at the time of going into surgery was listed as 37.

Within a couple of days, Janet Phelan was subsequently served with notice that Scott and Horspool had applied for a Restraining Order against her, to legally restrain her from her mother. The application for the RO, signed by Melodie Scott, states that Janet Phelan “unnecessarily” transported her mother to the hospital, thereby causing emotional trauma to her mother.

The matter was to come to hearing on August 1, 2002. Court records and a notarized witness statement confirm that Phelan was in court from the opening to the closure of court and that Judge Stephen Cunnison never called this to hearing and restrained Phelan from her mother without due process.

“This was going to be very simple, “ states Janet Phelan. “I was going to ask the judge to subpoena the medical records, which were at that time only available to the conservator, not to me. I was going to tell him that the hospital trip was absolutely necessary and that as a result of the surgery my mother’s life was saved.

“Judge Cunnison violated the very cornerstone of our legal system—the right to due process. He also ensured my mother’s demise.”

The sanctions for ignoring a court authorized subpoena are severe, involving citation of contempt of court and monetary sanctions. Phelan predicts that Horspool will skate on this.

“The judge accommodated his murderousness back in 02 by restraining me without due process,” she says. “This court has no regard for the law, the Constitution or human life. I will be very surprised if Horspool is sanctioned for his ignoring the subpoena.

“My mother was a government employee for twenty seven years,” adds Phelan. “She had a doctoral degree and was a supervisor at the Long Beach Health Department. But the way the court behaved, she might just as well have been a Jew in Nazi Germany.”

When given the opportunity to respond as to why he has ignored the subpoena which he was served with on April 29, 2011, Horspool attacked Phelan, saying, “I got your idiotic, stupid, insane mentally ill fax…”He goes on to assert that “you previously subpoenaed the same records,” and also suggests that “if you think you got something, file it with the court instead of lying about it like you continually do.” He also states that “You have been provided with everything I have. “

A review of the court records shows no prior subpoenas issued by any party to this case. The record also shows that Phelan filed a lawsuit against Melodie Scott on June 1, 2009. The lawsuit was shut down by Judge Stephen Cunnison on May 5, 2010 at a hearing which was not legally noticed and at which Phelan was not present. During the course of discovery for the lawsuit, Phelan explicitly requested the records of the payments made to Judith Phelan and the court ruled against giving these to her.

Phelan made a police report concerning several bottles of undispensed heart medication on June 11, 2002. The police report states it was forwarded on for investigation. The DA denies receiving the report and no investigation took place.

Judith Phelan is now residing in the San Francisco Bay area under an assumed name.

"I Want Your House! "

By Janet C. Phelan

It seemed that the struggle over the conservatorship of Jean Tanaka couldn’t get more bizarre. Well, it just did.

On June 2, 2011, Tanaka conservator Linda Cotterman asked the court to have Mrs. Tanaka’s daughter, Jeannie, declared to be in contempt of court, an action which may involve jail time and will most likely cost Jeannie her job (Jeannie is an attorney with the State).

Cotterman is apparently steaming that Jeannie Tanaka, who is the Trustee for the Tanaka Trust, has asserted her rights as Trustee and is cleaning up the Westwood house which was left vacant when her mother, Jean Tanaka, was forcibly removed in the summer of 2010.

Jean Tanaka is under a conservatorship and Linda Cotterman is, peculiarly, the conservator, even though the Tanaka Trust documents clearly list Jeannie Tanaka as the person to assume that position.

The fact that Jeannie Tanaka was adhering to advice of her counsel, Robert Canny, in asserting her rights to clean up the property does not seem to concern Linda Cotterman. Jeannie and Jean had been residing together in Mrs. Tanaka's large Westwood home until Cotterman went to court to have Jeannie evicted and her mother taken forcibly from the house. Per the court orders, Jeannie was given three hours to remove her belongings. She moved out in February of 2010.

Upon her return to the house in May of this year, Jeannie found a terrible disarray, which she alleges was the result of Cotterman sacking the house. This is how she describes what she found:

“All of parent’s dresser drawers were emptied! Pictures torn off the walls, paint torn off, many damaged areas requiring painting of especially kitchen and stairway walls. Curtains in bedroom drawn, refrigerator light bulb was put in the ceiling, replacing the 100 watt bulb Mama’s large bathroom trashed clothes, papers, trash thrown all over the counter and floor. All of her expensive perfumes, colognes,cosmetics, toiletries, etc. removed.

Dining room trashed: parents personal belongings pulled from all over the house and piled in the dining room. When attorneys had a meeting in fall 2009 (creutz, reed, lodise, carol white) the room was of course neat and clean.

2 cabinet doors torn off hinges: one in kitchen, one in laundry room.
Expensive carpets in kitchen and laundry room removed and replaced with tile. Told the carpets were dirty and instead of cleaning, were removed. Flooring under the sink had been ripped out and I had to have it replaced. All kitchen pots and pans missing, cabinet shelves emptied, pantry emptied, all recipe books removed. Boxes and boxes of photo albums pulled into the kitchen and stacked All of Mama’s nick knacks removed from the living room. Mama’s 3 mink coats missing, chinchilla coat missing.

Large box of Japanese swords, including numerous national treasures worth millions missing. Upstairs bathroom door frame pulled off wall by someone who locked themselves out of the bathroom. Garage piled high with black trash bags of parents’ personal belongings,
unprotected clothes-moth eaten. Garage trashed: once neatly packed and stacked boxes were rummaged through contents thrown in heaps. Piles and piles of unwashed sheets and clothing found thrown in piles upstairs closet and living room.

Up until Mama was taken to the basement unit, I was not allowed to enter other rooms when I visited Mama. It was when we changed the locks and went in beginning May that I could see the full extent of what the temporary conservators and christine (ed. note—Christine Tanaka, Jeannie’s sister) were doing.”

Jeannie Tanaka then hired a couple of helpers and began spending her weekends trying to clean up the mess. The contempt of court pleadings claim that Jeannie is now living on the property, which a court order last year denied her from doing. Jeannie maintains she lives in her condo in West L.A.

The conservatorship of Jean Tanaka will probably go down in the annals of legal abuse of the elderly in pursuit of their money with the apparent goal here being the Westwood house, valued at several million dollars. The elderly Tanaka, a Japanese American, was detained during WWII in the Death Valley detention center, along with her then infant daughter, Jeannie. The conservatorship was launched in a hearing wherein Tanaka siblings made allegations demonizing Jeannie’s care of her mother, with whom she had been residing for eight years. The court ignored evidence to the contrary and discounted the legal documents, which named Jeannie as conservator and Trustee.

This reporter has reviewed letters and cards previously sent to Jeannie Tanaka by her sister, Christine, congratulating her on the wonderful care she was giving her mother. But things changed abruptly when Mr. Tanaka passed on, leaving the mother more vulnerable. Almost immediately upon his demise, Christine Tanaka filed for conservatorship, attacking her sister Jeannie for the very efforts she had so highly praised her for.

Jeannie must now pay $100 an hour in monitoring fees to see her mother and is restricted to three visits a week. Ironically, one of the allegations hurled at Jeannie in an attempt to wrest the conservatorship from her was that she was isolating her mother.

A medical doctor, Dr. Laura Moire, became concerned that medical care was being withheld Jean Tanaka by her conservator. The doctor then called Adult Protective Services and the police to make a complaint.

In a Kafkaesque maneuver, Judge Reva Goetz then slapped Dr. Moire with a restraining order, prohibiting her from making further reports about the welfare of Jean Tanaka. The fact that Dr. Moire is, as a physician, a mandated reporter of elder abuse didn’t seem to bother Judge Goetz, who seems intent on isolating Mrs. Tanaka from anyone and everyone who might be concerned for her welfare.

Dr. Moire’s report detailed numerous concerns that Mrs. Tanaka’s health was being negatively impacted by Cotterman’s care. Of special note was the discontinuation of physician prescribed supplements which had previously stabilized Mrs. Tanaka’s blood pressure, normalized her cholesterol levels, built bone density, and strengthened her immune system and cognitive functioning. Dr. Moire noted that this discontinuance has been followed by several back -to- back urinary infections, at least four collapses and several hospitalizations where she was transported unconscious by ambulances none of which were brought to the attention of a cardiologist. Mrs. Tanaka has reportedly further suffered weight loss, lack of basic dental care, isolation and restrictive monitoring of highly limited visits with her daughter, Jeannie.

Dr. Moire was also concerned about the apparent placement of Mrs. Tanaka on “comfort care” in the absence of any terminal condition or diagnosis, which has resulted in not only the continued withdrawal of care (such as supplements) which were deemed beneficial to the ninety-five year old woman but the denial of care for other medical problems, including her now painfully swollen hands, extreme fatigue, and erratic blood pressure.

The Tanaka Will and Trust had left all the property to Jeannie, including the Westwood home, located in a prime real estate location. The actions by Cotterman, supported and endorsed by Judge Goetz, have effectively nullified the Will and the Trust.

According to a couple of the helpers who have been assisting in cleaning up the Tanaka residence, Cotterman has lately been hanging around the house, showing up early in the morning and late at night, taking pictures and verbally accosting the helpers. One of the helpers, Nahid , quit the job this past weekend. She told this reporter that Cotterman confronted her on a couple of occasions recently outside the house, demanding information from her and snapping her picture and pictures of her vehicle. Nahid reported she was “frightened” by Cotterman.

In the pleadings to the court to have Jeannie deemed in contempt of court, Cotterman’s attorney made a statement which may reveal Cotterman’s real interest in this case.

Attorney Scott Schomer writes; “If respondent’s position (that all conservatee’s assets belong to the Trust) is correct, then there are no assets in the conservatorship and there is no conservatorship of estate.”

And if that were true, Cotterman and Schomer wouldn’t be able to charge a dime. Conservatorships are very expensive, with legal bills running in the tens of thousands a year and conservatorship fees running a close second.

Calls to Mr. Schomer were not returned.

Janet Phelan is an investigative journalist whose articles have appeared in the Los Angeles Times, The San Bernardino County Sentinel, The Santa Monica Daily Press, The Long Beach Press Telegram, Oui Magazine and other regional and national publications. Janet specializes in issues pertaining to legal corruption and addresses the heated subject of adult conservatorship, revealing shocking information about the relationships between courts and shady financial consultants. She also covers issues relating to international bioweapons treaties. Her poetry has been published in Gambit, Libera, Applezaba Review, Nausea One and other magazines. Her first book, The Hitler Poems, was published in 2005. She currently resides abroad. You may browse through her articles (and poetry) at janetphelan.com

My Husband Is a Medical Hostage For Profit.

Sara and Gary Harvey

Sara Harvey for Salem-News.com

(WASHINGTON D.C.) - Where does one turn when you become disabled, vulnerable or old and become unlawfully a victim of the system? There are no kind words for the injustice that Chemung County New York has visited upon my husband, Gary Harvey and me.

My husband a veteran who served his country and fought for our freedom is being denied his.

Until January 2006, my husband was leading a normal life. I am telling this story on behalf of a “Person”.

Not a corporation, not a piece of “Human Capital” and definitely not a legal instrumentality for quasi-corporate monetary gain. I am talking about a man named Gary Harvey.

Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury.

Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.

Gary was placed in Chemung County Nursing Facility - and a familiar battle began.

I started complaining about the quality of care - or lack thereof.

After pushing their own allegations, the facility was successful [in 2007] in having I deemed "unsuitable” as my husband's guardian, severely limiting contact and removing any right to make decisions on his behalf.

The County Department did not file for an Adult Protective Services (APS) guardianship, but the county attorney shows up unannounced at a purely civil/family court proceeding, and secures the commissioner of department of social services(DSS) as his guardian and she administratively designates Adult Protective Services.

They turned the article 81 guardianship into an adult protective service proceeding.

From that point forward, I have been struggling against all odds to save my husband from what I fear could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.

After my husband’s constant trips to the ER over the years from negligent care, on May 16th 2009 his fate was never to return to Chemung County Nursing Facility after unknown, unexplained occurrences that destined him confined to St. Joseph hospital where in conjunction with his court appointed “protectors” attempted to end his life by dehydrating and starving him to death and were successful in attaching an unlawful DNR (Do not resuscitate) on him while my husband’s court appointed attorney coached the “protectors” how to do it, and his knowledge of my husband’s wishes.

Can you believe that Adult Protective Services of Chemung County New York who is suppose to “Protect”, a community guardian of and for Gary since March 2007 ... they actually petitioned the county court for permission to kill their ward?

An adult protective services unit, a public guardian, a charitable non-profit 501(c)(3) corporation, sought court permission to kill their ward.

Although I got wind of a meeting, I was not permitted to attend, have any input nor know the results of said meeting until a week later.

In fact, prior to my official notice from the Ethics Committee, the Ethics Committee had already arranged and conducted meetings with Gary’s estranged children, his mother, and unbelievably – even his ex wife!

He is denied second opinions, Why? He is a veteran and the VA is denied to evaluate Why? What is it they are trying to hide? The law was written to protect and preserve the ward. Many cases out there this is not so.

My husband has been kidnapped and is being held against his will as what I believe a medical hostage for the profits and purely private interests of persons and entities who have no legal authority or business being his court appointed guardian.

New York law clearly prohibits the public guardian from attaining guardianship, and serving as guardian, in the manner so attained and within the plain and obvious conflicts of interests as do in fact exist in this sad situation.

The County nursing home where Gary resided for 2 years --- is assured a resident and payment, and when the community hospital became the residence for Gary nearly two years ago, the same county attorney who, from his part-time private practice is counsel for the hospital, counsel for the guardian, counsel for the county, and counsel for the public guardian, and the ole "Robed One" thinks we are all stupid and do not recognize the obvious, who also worked for the same law firm.

When every attorney involved works for the same law firm Senator O'Mara's law firm. How do I Sara Harvey who has no attorney, fighting alone ever get a fair hearing and/or trial?

Perhaps, lets evaluate this a bit. Chemung county law department a public agency that is suppose to protect the people in our community, the vulnerable, elder and disabled.

A few of those attorneys from their public office are also private practice associates with Davidson & O’Mara P.C. Lets see, St. Joseph Hospital, not his choice doctor, his appointed guardian CCDSS, his designated guardian APS and his assigned case worker APS and all have the same theme in common Davidson & O'Mara attorneys.

St. Joseph Hospital billed my private insurance $932K last year, out of those submitted claims $800.00 were for therapy. Sounds like good care right? Davidson & O’Mara’s client has a lot to lose if my husband were permitted to return home or placed elsewhere. Ironically, I am the only one who sees the very obvious motive.

My husband has suffered abuse, neglect and pure isolation from his court appointed protectors. You go to them and complain and they are not going to admit they are abusing and exploiting my husband.. Routinely he has surgery, like clockwork.

Anyone can see the pattern and fail to protect him from unnecessary surgical procedures because of negligence. I strongly feel that my private insurance should not have pay for their negligence.

I have no say in the matter, the county uses HIPAA as their shield for protection. I report it to the district attorney who sees no crime and guess what, his trail goes back to Davidson & O’Mara and the judges husband is an assistant district attorney who also worked for Davidson & O’Mara.

report it to his court appointed attorney from MHLS and unbelievable the trail goes back to Chemung County Law Department via. Davidson & O'Mara.

Let’s further examine this, the appointed case worker, who works for APS and part time employee of St. Joseph hospital who in turn approve these routinely surgical procedures that are being billed to my private property insurance policy…no prejudice here.

End result who’s interest and benefit are they really protecting, while my husband remains as a “cash cow” for them? Gary has no adequate remedy of law in this county.

Perhaps there are those in New York such as the NY Law Commission who define a “Person” as a corporation, “public” corporation, business trust, estate, trust, partnership, joint venture, governmental subdivision, agency or a instrumentality of any other legal or commercial entity, but in the real world with real “Persons”, we in society commonly refer and know a “person” to be a “Human Being”.

I don’t consider your spouse, children, grandchildren, aunts, uncles, grandparents or friends as anything other than that of a “Human Being” to be honored and dignified with natural and constitutional rights as provided under God’s Law as well as mans law entitled to rights established by our forefathers in the “The Constitution of the United States”.

Gary Harvey has been institutionalized for more than 5 years and isolated from the love and compassion of his wife. Gary deserves the love and companionship of his wife, the comfort of his home and friends.

Not only is it inhumane to continually deny him quality care, treatment and testing but cruel to continue restricting his wife's visits. I am not the one who tried to kill him, his guardian—Chemung County, and St Joseph Hospital are. Death Panels do exist.

The crime against disabled, vulnerable and elders is growing. This is a new wave of income for the crooked lawyers, judges and appointed guardians. The law is designed to steal and they all know the tricks. Watch out baby boomers you are next and my husband is one of them.

What happens when state government breaks its own laws? They make new ones. AOLTC --- AnOpenLetterToCongress.info. Gary is on page 4 titled DNR as Punishment for Wife’s “Interference”.

You have no rights... not even if you are legally married.

The marriage vows mean nothing in this county. Marriage is an advance directive from my husband when we said our vows to each other and before God, family and friends.

If I had not taken my plight to the media... I would be a widow. They tried to end his life and these people are still in control and managed to attach an unlawful DNR to him. How sick does that get?

The wards/victims and family members can only sit and helplessly watch while the spider comes for his meal, sometimes being spoon fed by judges that are also players in this extremely unbalanced game.

The meal is comprised of the persons life, liberty and property and is enabled the promulgated purpose, powers and objectives set forth in the Facilities Development Corporation Act (per the pleasure and convenience) encompassed in the FDA statutes.

Sharon and others who share her views, are featured in this recently published video by Press TV in Washington D.C.

http://youtu.be/gndiJuaS8xY

Gary during his service to his nation, in the U.S. Army during the Vietnam War. He is circled at the top right of the photograph in the back row.

Judy Phelan Makes a Deal with the Devil

by Janet Phelan

The first family pet that my sister Judith killed was my cat, Fritz. My parents had been caring for both of my cats, Fritz and Colette, while I was away at grad school. I had returned but had not yet settled into permanent digs. Judy had been residing with my parents in the Naples Island family home for some time at that juncture.

Judy had experienced a complete breakdown, of sorts, and her then-husband, Neil, had simply dropped her off at Mom and Dad's—dropped her off and washed his hands of her. It had not been a happy union and Neil was apparently all too glad to use this as an excuse to escape.

Judith had decompensated rather quickly. Usually impeccably and fashionably dressed and groomed, she began to appear in mismatched clothing and with uncombed hair. Her weight, always a concern for her, shot up dramatically. An odor emanated from her room and I doubted she was even bathing. Even worse--she had stopped making sense.

At the point that she killed my cat, she had ostensibly pulled out of it. A toxic dose of medication, which she was taking for a psychiatric problem, was blamed and when the dose was adjusted she seemed to improve. Her former wit and vivacity returned and she began again to dress again like a fashion plate. But something had changed. She seemed to harbor a dark resentment towards the family, blaming us for her plight. Other, less immediately noticeable changes were to manifest soon.

I had stopped by the house to pick up some belongings. My parents were selling the house and had plans to move away. The housing market was booming and they figured to take the money and invest in a cheaper house in a less upscale location, and to commence their retirement. Judith, who had a LCSW, was having trouble holding a job and was moving with them. To her consternation, I was not.

I was picking up some things from what had at one time been my bedroom when Judith walked in. “I put your cat to sleep,” she announced.

It took a moment for her words to register. I felt a cold horror grip my heart, the likes of which I had never before experienced.

“Why did you do that?” I managed to get out.

Her answer confirmed my worst suspicions. She had no reasons. “He was sleeping,” was all she said. Fritz had been with me for about twelve years. I did not realize at that time how this depraved act by my sister pointed towards the future.

Mom, Dad and Judy soon moved to Temecula, in Riverside County.

While Judith was purportedly out of the woods in terms of overt psychosis, her actions brought my father continued bewilderment and anguish. During my frequent visits to the family home on Gatewood Way, I repeatedly saw Judith baiting, confrontational, as her behavior began to border on utter hatred of our father. On a couple of occasions, during what was now an interminable and continuous argument, Judith threw back her head and howled like an animal.

It couldn't have been a happy situation for her—forty plus years old, twice divorced, with considerable academic achievements--to be living with her parents in a sleepy little town like Temecula. She had a new car, she indulged her desires for new clothes, new hairdos, pedicures and more, but nothing was mitigating the indignity she was apparently feeling for needing to live with her parents. She was brilliant, or so she repeatedly asserted. She should be on top of the game, not on the skids. And increasingly, she blamed us for her ill fortune.

One day, she drove up to see me in Long Beach. I had an apartment and was living with my boyfriend. She confessed to me that she “couldn't stand “ living with the folks anymore. She asked if she could move in with me. She was desperate, she said.

Looking at her pale, anguished face, I began to soften. We had never gotten along, but maybe we could make it work. I didn't want to see her suffer. And for a moment, I almost forgot what she had done to Fritz.

She must have seen the sympathy in my face, and moved quickly into the driver's seat. “Good,” she said. “I'll go get my stuff. We are going to have to first of all develop some ground rules here. Rule one—No men.”

“Judy,” I said. “You know I am living here with John. I am not going to separate from him so that you can live here. I am sorry, this isn't going to work out.”

Dad was feeling the pressure, too. He used to come up to Long Beach once a month, to lunch with his fellow journalists, an aging crew of salty reporters who called themselves “The Over-The-Hill” Club. After their luncheon, he would typically drop by my apartment for a visit. Sometimes he would take a nap on my couch and I would fix him dinner.

I remember one visit, in which he was distinctly agitated. He was talking, as he often did, about my sister, how difficult she was, and how living with her was destroying his golden years. But this time, he was also talking about the future. And he was worried.

“I am afraid to die and leave your mother alone with your sister,” he stated bluntly. “Judy is capable of anything. I want to put her out," he continued, "but your mother won't allow it."

I puzzled over the implications of his statement. I certainly did not know that after Dad died, my sister Judy was going to try to kill our mother.

****************
I picked up the phone around 4 pm. Dad's lung cancer had taken a dramatic turn for the worse. He wasn't expected to last more than a few days.

I hung up the phone and went to tell John. We started packing, throwing a few things into an overnight bag. I worried a bit about what to do with the cats, Zack and Bunkie. We were just getting ready to head out the door when suddenly I felt like I couldn't breathe. I sat down, gulping for air. The attack subsided in about ten minutes. I then called my Mom, to let her know we were on our way.

“Oh Jannie,” she said, her voice almost inaudible. “Your Dad just passed ten minutes ago.”

After the burial, the small group of mourners headed back to the house. I was devastated. The larger then life , brilliant and iconoclastic man who had been my father was no more. I couldn't have guessed that without him, Judith would begin to prey on both of us—first financially and then with murderous intent.

Judy sat down beside me on the couch. “I'm glad he's dead,” was all she said.

After Dad died, I began to come down to Temecula to visit my mother more and more frequently. We had always been very close and our friendship began to change. She was becoming more vulnerable. Looking back, I am not sure exactly when I started feeling less like her child and more like her protector.

Judith was becoming increasingly secretive. A couple of years later, Mom chose to retire (she had kept up a small private practice as a clinical psychologist) and Judith decided that Amalie shouldn't drive anymore. She got rid of Mom's car. She had herself placed as a joint signor on Mom's bank accounts, as well. Money began to fly away. I did not figure out how until years later, when I was reviewing some family accounts. Judith had been forging my endorsement on checks made out to me. She had apparently been requesting regularly that Mom write me checks, checks I did not request or even know about. She then turned around and forged my endorsement on these checks and deposited them into her Wells Fargo account. The tip off was the cancellation stamp on the back of the checks—they had gone into Wells Fargo. It appears that Judith stole upwards of sixty thousand dollars in this manner in a short time.

Attached are two examples of these checks.

In 2000, Judy had gotten another social work job and lost it very quickly. Mom went into the hospital with a broken hip. Mom's dog was put to sleep. When Mom finally admitted to me, after a couple of years of denial, that there was a struggle over the dog, the day Judy had come home angry from being fired, and that Judy had pushed her and that was when she fell and broke her hip, it was too late for me to get Judy out. Mom was under a conservatorship, and conservator Melodie Scott was treating Judy like the golden girl. Within a week of this shocking admission, I was rushing my mother to the ER. She was nearly dead.

It was my habit to call Amalie every day, sometimes more than once. I had noticed on my visit the week before that she didn't seem to be doing very well. I was worried that she might be sick. So when I called her that morning in June and she said: “I am very ill and no one is paying attention to me,” I hurried down to Temecula.

I found her in a dreadful state. She could hardly walk. She was not making much sense. And Judy was acting like nothing was going on.

It took me over an hour to get her out to the car so I could take her to the hospital. She was so weak she didn't think she could walk to the curb, where my car was parked. She wanted to rest first, because it was too hard to walk a few steps. While Amalie was in her early eighties, she was still quite active. Every visit, we would take long walks around the outskirts of Temecula. She never had had trouble like this.

Once in the car, she forgot where we were going. I was so worried. Something was terribly wrong and I was relieved when we pulled into the parking lot at Rancho Springs hospital.

Her blood pressure was dangerously elevated. Her confusion seemed to be clearing up.I was glad about that but also worried. What had caused the blanket of confusion to descend upon her? Had she been drugged? Worse then drugged? She was admitted to the hospital and shortly thereafter I drove back to Temecula.

Back at the house, I checked my mother's pill bottles. At leat part of the problem became immediately clear. No one had bothered to give my mother, a cardiac patient, her heart medicine for at least six weeks. Judith and Linda Garcia, a caregiver hired by conservator Melodie Scott, were the responsible parties.

I called the police. They arrived and all hell broke out. Linda Garcia fled the house, never to be seen by me again. Melodie Scott called and told the police to lock me up, that I was crazy. Judy went and barricaded herself in her room. The police counted the pills, took my statement and left.

As it turned out, Mom was taken into surgery and a pacemaker was implanted in her chest. Just prior to the surgery, her pulse was recorded at 37. Her heart was failing her.

And within twenty four hours I was served with notice that Scott had gone to court and applied for (and was granted) a Temporary Restraining Order against me. In her declaration to the court, she stated that I had “unnecessarily” transported my mother to the hospital emergency room, thereby causing her emotional distress.

This was going to be easy, or so I thought. I would ask the judge to subpoena the medical records and this would be put to rest. He would then know the truth, that my mother's life was saved by that trip to the ER.

But this is not America anymore. Not the America of equal protection under the law and justice for all. And I was about to get my wake up call.

I went to court on August 8 for the hearing on the Restraining Order. I am documented as being in court when court opened and leaving when court closed. The RO was never called to hearing and I was permanently restrained from my mother without due process, an utter violation of my Constitutional rights.

In addition to the attached letter by Special Agent Jack Smith, the minute order issued by Judge Stephen Cunnison stands as witness to the Constitutional violation. The minute order reveals no parties present when Cunnison signed the order, in the safety and seclusion of his chambers.

Mom was doomed. For a period, Melodie Scott moved her from facility to facility, like a precious gem in a shell game.

With measured cruelty, I was not informed that my mother had died until weeks after she had been buried. Given the history here, I can only believe that foul play was involved and that I was not told she had died because I would have demanded an autopsy and a toxicology exam.

Scott used the RO as an excuse to terminate Trust payments to me. At that time I was on disability and was critically dependent on the trust fund established by my parents. First I lost my car and then I became homeless. I was shortly thereafter divested of most of the disability monies. My weight dropped from 165 lbs to under 100 in the first year after the trust monies were cut off. Staying alive got tougher.

Judith, however, did quite well. She moved up to the Bay area, to Oakland. The source of the monies used to buy my sister's silence and propensities towards murder soon became obvious. Mom had had two checking accounts, one at Washington Mutual and one at B of A as well as a couple of B of A credit cards. While Mom was still at home, in the intervening months between the establishment of the conservatorship and her trip to the ER, Judith had been charging up a storm. When I would come to visit, I noticed that several packages would show up every day, coming in from catalogue companies. Several unopened packages would at the same time be returned by Judy. It appears that these purchases were being charged back to the B of A account and a third party was paying off the purchases. This is notably similar to the judge/loan scam being run by numerous judges in the Southern California area (and likely elsewhere). The initial article exposing this bribery/payoff scheme was published in the San Bernardino County Sentinel in September of 2009.

(http://newyorkcourtcorruption.blogspot.com/2011/01/how-to-bribe-judge-assistance-with-debt.html).

In this case, we are seeing what constitutes murder for money.

Shortly before Mom nearly died on that June day, Judy nearly confessed to me. “I'm getting a lot of money from Melodie Scott,”she said during one of my visits.

“What's that for, Judy?” I asked.

“Hush money,” she said.

“What the hell for?” I demanded. “Is this about what's happening now?” Melodie Scott had been making our lives very difficult.

“No,” she said. “It's for what is going to happen later.” And then clammed up.

Judy was to become covertly aggressive against me,as well. Shortly thereafter, Judith started to send me checks. She told me that Melodie Scott was selling the house and she wanted me to hire a lawyer to contest this. The $2700 was purportedly for an attorney retainer.

The first check came in without the amount written in. Puzzled by this, I contacted the bank which confirmed that such a check was nonnegotiable. Judy promptly issued a second check. She was so insistent that I only cash it at a particular branch that I became suspicious. I contacted the bank, asking about that check number. Judith, it turns out, had reported the check stolen. I have attached copies of these two checks, slightly tattered by time.

Bye bye mama, then bye bye sister. And Judith would have gotten all the money in the estate.

**********************
Melodie Scott came under scrutiny by the California Professional Fiduciaries Bureau and her license was, for a period of time, contested. She finally achieved licensure in late 2010 but by that time my Trust had achieved a new trustee—Riverside County.

After a stint working as a reporter at The American's Bulletin in Oregon I left the US. I was soon offered a job teaching journalism in Canada. The Canadian government denied my work visa and I came to Mexico.

I also filed a lawsuit against Scott. Three judges were consecutively and hastily removed from the case after I researched and reported on their suspicious loan history--Commissioner McCoy, Judge Sharon Waters and Judge Gary Tranbarger. The suit was ultimately dismissed in a hearing which was not legally noticed. Judge Stephen Cunnison came back from retirement to ensure the demise of my suit and in his now emblematic manner, he issued another legally void order. When I discovered that "Hangin' Judge" Cunnison was back on the case, I tried to have him removed. In his response he stated that I should have kicked him off a long while back. Actually, I had tried to back in 2002 but he had refused to step down.

The new trustee has filed an accounting and I requested to see the distributions to Judith. The attorney for the Trustee, Toni Eggebraaten, replied that she would send me copies of the checks, after blacking out the bank cancellation information as well as the name of the payee.

Of course, a check without a bank cancellation cannot be affirmed as even having been negotiated. A check without payee information cannot be conclusively determined as having been sent to that payee, who is in this matter, Judith.

Eggebraaten has also refused to send me the bank statements. In her response to my request for discovery, the Trustee has stated that the bank statements will not be released because she has pooled the Phelan estate with other monies she is handling and to release these records to me would violate other people's privacy. The law strictly prohibits such pooling of separate estates. And as there are peripheral indications in the accountings that other monies, such as for rent, are being given to Judith (but not being accounted for) it would not be legally sound for the Trustee to give me evidence of her own criminal activity.

Fraud marches on, relentlessly. The Trustee is now positioning to shut down my part of the Trust, which is necessary to my continued survival, as I am living abroad without a work visa. Her reasoning for so doing is so far fetched that it can only be seen as further retaliation. And for what? For loving and honoring my mother? For reporting on judges laundering money through their property loans, for reporting on the deadly Section 817 of the Patriot Act and the ongong attacks on others through conservatorship court? Is it such a crime now to be a loving daugher and a diligent reporter?

In Germany in the thirties and forties a number of Jews chose to sell out their own for reasons of personal safety and security. Many such Jews, particularly those in leadership positions, such as much of the rabbinate, were allowed to leave Germany unscathed. Other Jew-rats became capos in the concentration camps, responsible for punishing and inflicting injury on their fellow prisoners in return for privileges, food and life.

I no longer need to imagine the horror of such betrayal. I have experienced it, first-hand.

For a further discussion of Special Agent Jack Smith and the federal involvement in Amalie's death, you are referred to this link:

http://www.phillyimc.org/en/happy-birthday-agent-smith
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ONE JUDGE DOWN BUT IT’S JUST ANOTHER DAY IN GUARDIANSHIP COURT

-by-Angela V. Woodhull, Ph.D. © 2011, AV Woodhull

What would you do if you were walking through the woods when suddenly a booby trap blew off your legs? Would you forewarn others? Of course you would!

Those of us who have been harmed by the United States guardianship system are like wounded individuals who have accidentally stepped upon booby traps.

Take the typical guardianship story -- Marie Sandusky. Marie, a woman of Italian descent, was busy living her life and caring for her mother, who lived two doors down. Marie owns her own beauty shop. She fixes her mother’s hair, takes her shopping, delivers her home cooked Italian dishes. Life was fine. Mama and daughter were inseparable. They were in and out of each other’s houses every day. Marie also paid her mother’s bills and hired a full time housekeeper to assist Mama.

If Marie had looked into a crystal ball with a fortune teller who could have told her “Beware! There’s going to be an Italian judge who removes you from your mother, spends all of your mother’s assets, sticks your mother in a nursing home, and soon thereafter your mother will die from being over medicated and you won’t even be allowed to see your mother without the guardian watching you,” would Marie have believed such an incredulous story?

The Marie Sandusky story is currently in progress. Maybe it won’t happen exactly as described, above, but those of us who have already had our “legs blown off” can look into that crystal ball and see what is coming.

Imagine Marie’s typical day—out shopping at Wal*Mart with Mama. They stop for lunch, chat about current events and perhaps gossip a little about the neighbors. They stop at the bank, drop off some items at the dry cleaners. Then, at Marie’s Beauty Shop, she styles her mother’s hair and then asks one of her employees to give Mama a manicure.

Suddenly, a sheriff appears in the doorway of the beauty salon. “Are you Marie Sandusky?”
“Yes.”

“You are hereby served.” He hands Marie some court papers and leaves.

The papers tell Marie that her “dear brother” attempted to see Mama but the security guard at Marie and Mama’s gaited community wouldn’t let him in. More than a decade ago, Mama left Connecticut with her daughter and son-in-law to get away from Mooching Son.

After ten years of peace and harmony with her daughter and son-in-law in Florida, Mooching Son had been all but forgotten. Mooching Son, however, has suddenly and unexpectedly appeared in Florida.

He wants to be his mother’s guardian.He has hired an attorney.

For those of us who have already fallen into the booby trap, we need not read any further. We already know the rest of this story.

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The Court Hearing

At the first court hearing, Judge John D. Galluzzo decides that since there is a squabbling son and daughter, it is best to appoint a “professional” guardian (yes, a stranger) to “care for” Mama and her assets.

But there’s more to this twisted and unexpected travesty. To Marie Sandusky’s surprise, it has been alleged by Mooching Brother and his attorney that she has been “robbing” her mother for many years. Judge Galluzzo therefore mandates that financial records be entered into the court record.

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The Scapegoat and The Allegation

Marie is now “on trial.”

And that is Step Number One for all predatory guardianships.

All predatory guardianships need a Scapegoat.

The Scapegoat is that person that all others in the courtroom can turn to (while the money is going, going, going, gone) and point at and say, “AHA! If it wasn’t for YOU, these strangers wouldn’t have to step in and care for your poor mother!”

The allegations need not be real. And the allegations need not be verifiable.

However, The Allegation is the Check Point that gives the guardianship players the right to their first move--$$$$$$$$.

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Topsy Turvy

Suddenly, Marie Sandusky (and her mother) are thrown into a much different life. Marie and her husband are now suddenly checking the Yellow Pages, shopping for attorneys. No longer is there time to read the morning newspaper, take an afternoon stroll with Mama , or bring Mama a bowl of fresh pasta fazool.

Weeks are spent going to various banks, obtaining records as proof of innocence.

“This will stop soon! Soon things will be back to normal when they see I am innocent!” Marie tells her friends, astonished employees, and dumbfounded customers at the beauty shop.

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The records are filed in. Yes, Marie is innocent! There was no financial exploitation whatsoever.

Meanwhile, “Mooch” has dropped out of the guardianship race because he couldn’t afford the attorney’s bills.

“My attorney will make sure this whole thing comes to an end any day now!” Marie tells her associates.

They believe her. How could they not believe her? The “whole thing” is too preposterous to comprehend.

***************************
It is now more than three years later.

The “Court” has awarded hundreds of thousands of dollars in attorney’s fees for “services rendered” to the “ward.”

Marie has spent hundreds of thousands of her own money trying to get the whole guardianship nightmare to stop.

The guardian has petitioned the court to have the housekeeper removed. Mama needs to be in a nursing home, according to the guardian.

Each petition filed is filed to “benefit the ‘ward.’” Each petition means more $$$$$ for the guardian’s attorneys.

Mama is so sad. “Why are they doing this to my daughter and me?”

******************************
In January 2011, Judge John D. Galluzzo, who made this turbulent nightmare and court-sanctioned financial exploitation of an elderly person possible through his Seminole County, Florida courtroom, turned and asked Marie Sandusky, “WHY ARE YOU MAKING ALL THIS TROUBLE??! YOU HAVE CAUSED ALL OF THIS TROUBLE BY HIRING ATTORNEYS TO FIGHT THIS GUARDIANSHIP!!”

Judge John D. Galluzzo then awarded another $120,000.00 to the guardian for her attorney’s fees.To benefit the “ward.”

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On January 31, 2011, Judge John D. Galluzzo recused himself from this case.

But Judge Lester will be stepping in at the next hearing.

Cha-ching!

And the next hearing.

Cha-ching!

And the hearing after that.

Cha-ching!*

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*This cynical story is mostly true. As a guardianship-in-progress, this story represents what could happen to you. Those of us who have already experienced the trauma of guardianship fraud can see down the road. We don’t need a crystal ball. We have experienced what’s in the crystal ball. We author these stories as a forewarning to others. Please protect yourself and your assets. Please watch out for The Guardianship Booby Trap.

--AVW

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Mickey Rooney Says He Doesn't Want Real Life Role as a Elder Abuse Victim

CBS) Mickey Rooney says he has a new role - but not one he wants: Elder abuse victim.

The veteran actor, 90, claims his stepson is withholding food and medicine and interfering with his finances, the New York Daily News reported. On Monday, a judge granted him a temporary restraining order against his stepson, Chris Alber. He's the son of Rooney's eighth wife, January.

"Chris is verbally abusive toward Mickey," court papers allege. "He yells and screams at Mickey. He threatens, intimidates, bullies, and harasses Mickey. Mickey is effectively a prisoner in his own home."

If Rooney is a victim of elder abuse, he's got lots of company. Every year, an estimated 2.1 million older Americans fall victim to physical, psychological, sexual, financial, or other forms of abuse and neglect, according to the American Psychological Association. And for every case reported to authorities, experts estimate there may be as many as five cases that were not reported.

Elder abuse and neglect are particularly common when the older person is mentally impaired, the association says.That seems not to be the case with Rooney, whose film career spans eight decades and includes multiple Oscar nominations. Rooney is described in the News as being sharp-witted.

"All I want to do is live a peaceful life, to regain my life and be happy," Rooney wrote in a statement quoted by the paper. "I pray to God each day to protect us, help us endure, and guide those other senior citizens who are also suffering."

Source=>>CBS News

Elder Abuse Hits Home: "The Clara Fernandez Story."

AS we get closer to Clara's 93 birthday we thought appropriate to reprint this article

by Rhonda Linseman-Saunders : Key West The Newspaper

THE NAME OF THE SCAM IS THE GUARDIANSHIP SYSTEM.

LAWYERS HIRE OTHER LAWYERS TO HELP “MANAGE” AN ELDERLY PERSON’S ESTATE.

AND THEY ALL BILL HUNDREDS OF DOLLARS AN HOUR . . . UNTIL ALL THE ASSETS ARE GONE.

AND THE JUDGES LET IT HAPPEN!!!

Exemplified the American dream, especially for Cuban exiles. In 1965, after Fidel Castro took power in Cuba, Dr. and Mrs. Fernandez lost their successful private medical clinic and newly-built home. The new regime seized the property and turned it into a truck stop.

The Fernandez family escaped to the United States and ultimately settled in Key West where Dr. Fernandez built a successful medical career, including having served as the Monroe County Medical Examiner for more than 20 years.

As many know, the Fernandez family would became one of the most respected and beloved families in Key West.

Clara was known as the financial wizard behind the family’s successful business and investment decisions, but she still made time for tireless involvement in many civic and community organizations.

At that time, Clara could never have imagined that years later, as a widow, she would find herself, once again, on the verge of losing everything that she and her husband had worked for in their adopted country. But she is.

This time, however, she is not the victim of a communist dictator. Instead, she is the victim of our own American legal system, which apparently allows the systematic and abusive bilking of the elderly by predatory lawyers. The scheme is called the legal guardianship system.

Clara Fernandez, now 89 and disabled, is quickly being fleeced of all the Fernandez family assets, once estimated to be worth several million dollars.

Ostensibly insensitive judges have allowed a series of apparently greedy local lawyers, purporting to act in Clara’s best interest, to rack up tens of thousands of dollars in fees to seemingly do nothing except suck up what is left of Clara’s estate.

Son Fighting an Uphill Battle to Save His Elderly Mother’s Estate from the Lawyers -

Key West the Newspaper has seen evidence of “guardian lawyers,” appointed to “protect” Clara, hiring other “guardian lawyers,” and then all the lawyers threatening legal action to assure they are all paid. But for what? Most of the lawyers involved have reportedly never even met Clara or been to her home.

They have reportedly confiscated Clara’s $1800 monthly Social Security check and other assets. But Clara’s son, Raul “Ray” Fernandez says that many of the bills the lawyers are then supposed to pay are paid late or not paid at all.

The Internal Revenue Service is now sending notices. Property taxes on the beautiful Key Haven home Clara and her husband built in the 1970s are reportedly in arrears. Ray says he fears that foreclosure may be looming.“What is sad here is that my mother always prided herself on paying her bills on time,” Ray said. “But the account she used to ensure automatic payment of the utilities and other bills has been emptied by the lawyers.”

What also appears to be unnecessarily tragic here is that Ray is perfectly willing and able to take care of his mother— and in, fact, has been providing that care for years, with the help of family and friends. He says he has paid, and continues to pay, thousands of dollars out-ofpocket for expenses the “guardians” should be paying out of the funds they are redirecting to themselves from the estate. But the judges—originally Judge Richard Payne and now Judge David Audlin—perhaps due to pressure from the lawyers who don’t want to lose their golden goose, have refused to appoint Ray as his mother’s guardian.

The tale of how this came to be is the stuff of a novel of intrigue and betrayal. Clara’s life began to crumble in 2004 when her other son, Al, came down from Winter Haven and offered to take his mother home with him for a visit.

“But it was more like an abduction,” Ray said. “Al and his life partner, Bill Hart, kept her against her will for more than a year. My father and I drove up there and tried to bring her home, but Al and Bill would not allow it.

In the meantime,” Ray alleged, “they overly medicated her and got her to sign over the Key Haven house and other assets to them.”

Ray appealed to the State Department of Children & Families (DCF) office in Polk County, initially to no avail. But eventually, he said, he was able to convince the DCF director there to refer the case to the State Attorney. Ironically, however, when the DCF director suddenly died, so did the case.

Then somewhere along the way, in dealing with DCF and law enforcement officials, Ray said he was counseled that, if he set up an “emergency guardianship,” he might be able to get his mother back.

Ray’s cousin, Dr. Manuel Pena of Naples, Florida, agreed to act as Clara’s guardian. With that authority, law enforcement officers were able to rescue Clara.

And Ray brought her back to her home in Key West. But it was too late for Dr. Fernandez; and it was almost too late for Clara.

Ray said after the stress and confusion caused by being separated from his wife of 56 years was too much for his father. He died soon after. And during the year in Winter Haven, Clara, reportedly heavily sedated, fell in the shower, had a stroke, and is now confined to a wheelchair.

According to Ray, Dr. Pena soon asked to be relieved from guardianship duties because of alleged harassing phone calls by Al and Bill. So Ray asked Key Wester Angela McClain, one of Clara’s longtime friends, to assume the guardian role.

And he hired Attorney David Paul Horan to help Angela try to recover some of Clara’s assets that had allegedly been stolen by Al and Bill. “But Horan didn’t help us at all,” Ray Fernandez said, “In fact, he told the court that I was taking money from my mom, even though the DCF repeatedly investigated me and found absolutely no evidence of that!

I was in complete shock, as were my family, friends, and neighbors who knew how I had been caring for my mother, and for my father before he died.” Ray Fernandez said, “Al and his life partner, Bill Hart, kept her against her will for more than a year.

Lawyers: “Just Sign This,and Everything Will Be Okay” -

Ray said that Horan then tried to sell him on a “mediation package” that would allow some resolution with his brother. But after consulting with another attorney, Ray said he realized that the deal would have placed all of Clara’s assets into a new trust fund— and Horan would have been the overseer. Ray refused to sign.

At a hearing later that day, Angela McClain told the judge that she was resigning as guardian because she couldn’t handle the pressure. And Horan immediately recommended to the judge that his good friend Bob Tischenkel be named as Clara’s guardian. That apparently was okay with Judge Audlin. Done deal!

Ray complained, to no avail, that there’s a little something called due process required by Florida statute that requires all interested parties to be noticed when one guardian resigns and another guardian is appointed. That reportedly did not happen in this instance.

By coincidence, Tischenkel, who had recently retired as Key West City Attorney, shared an office with Attorney and former City Commissioner Ed Scales, who, by coincidence, had just mediated the aborted deal that would have put Horan in charge of Clara’s assets.

In any event, Tischenkel immediately began billing to get his share of the loot. But he reportedly soon resigned after Ray began to re-publish old news articles about Tischenkel on his Elder Abuse website.

Reportedly, some of the articles were editorials from Key West the Newspaper commenting on Tischenkel’s questionable performance as Key West City Attorney. Audlin then named Donald Yates as Clara’s guardian—again without due process, Ray alleges. Meanwhile, Clara Fernandez’ future remains very uncertain.

“The Probate Cartel has got to be stopped,” Ray Fernandez said this week. He has started a national Elder Abuse organization (http://www.elderabusehelp.org/) to give support to other families who are being victimized in the same way that he says the Fernandez family is being victimized. Through the organization, Ray is learning that what is happening to his mother is not an isolated case.

“When cases of elder physical and financial abuse fall through the cracks of the legal system, it is a cause of great concern for us all,” Ray said. “It’s time to admit that our system of justice isn’t always working to protect our elders when it’s most crucial to do so. We’d like to help make it better so that those who come after us can benefit from our experience.”

Reprint from 5-20-07

The Controversy Rages: Is Elder Abuse Really Just a Family Matter?

Reporter: Tina Stein

WINNEBAGO COUNTY (WIFR) -- The difficult economy and an aging population have created a breeding ground for crimes against the elderly. It has become such a problem in our area, these cases are now getting more attention in court. Tonight a Rockford family shares their horrible experience so we learn how to prevent becoming a victim of financial exploitation.

"I never thought she could do that. It was very disappointing to me," says Rosa Reinhardt.

A postal box is where Rosa Reinhardt uncovered her daughter's lies.

"It was a wonderful situation, I thought. But I had no idea what was actually going on behind closed doors," says Rosa's daughter, Lorri Houde.

The 79-year-old Rosa lived with her daughter Diana Youmans for several years. Since so much of our mail is now online, Rosa didn't really question why it stopped getting delivered. That is until no birthday wishes showed up in July 2009. Her friend insisted he sent a card with cash.

Turns out, Diana opened a mailbox under Rosa's name. That's not all. Court documents show with Diana's power of attorney she wiped out her mom's bank accounts, used her savings to pay off a car and spent mortgage money on herself.

"The devastation is unrecoupable. We cannot recoup any of those losses," says Houde.

The damage, $68,000. And this type of financial exploitation is happening in Rockford everyday. The Visiting Nurses Association gets more than 400 cases of elder abuse reported in Winnebago and Boone Counties each year. They range from robbery, to mental and physical abuse and neglect.

"Individuals are willing to commit crimes against the elderly because they perceive the elderly to be weak and feeble and capable of being susceptible to crimes," says Winnebago County State's Attorney Joe Bruscato.

Bruscato says the elderly make excellent witnesses. But getting them comfortable to testify is difficult.

"We found sometimes those who are the victims of crimes don't even recognize what is happening to them is criminal," he says.

That's why he launched an Elder Abuse division to better track these cases and make sure the punishments are stiff. There are now 33 cases classified as "elder abuse" pending in court.

"The times are gone now where we say that's just a family matter," says Bruscato.

"I couldn't believe my own daughter would do something like this," says Reinhardt.

Rosa was hesitant turning Diana over to the police. But after being left with nothing, she had no choice.

"This is money my father worked all of his life to provide for my mother so she'd never be in the position she's in now, she's not supposed to worry about financial responsibilities now at all and that's all she does worry about," says Houde.

Rosa's daughter Lorri Houde has taken on that financial responsibility. She pays for Rosa's nursing home, which costs more than most of our mortgages.

Diana was convicted last January. She's now paying back Rosa's $68,000, fifty dollars a month at a time. And if she stops, she'll be sentenced to six months in jail. 23 News communicated with Diana via email, but she declined to comment for our report.

Here are a few warning signs of elder abuse in regards to financial exploitation:

-Caregiver refuses to allow contact with the elder
-Sudden change in finances
-Unexplained changes in wills or beneficiaries
-Unnecessary service, goods or subscriptions

If you believe someone is a victim of elder abuse, you can report it anonymously to the Visiting Nurses Association at (815)971-3748.

Source=>>here

Please Let My Mother Live!

On Tuesday, January 18, KPFK in Los Angeles ran a groundbreaking interview concerning conservatorship abuse. I appeared on the program to discuss the abuses being inflicted on my mother (and myself) through the Los Angeles probate court. Janet Phelan also appeared on the show, to give her perspective as a reporter who has been covering the issue of abusive conservatorships.
Access Unlimited 90.7 FM, 2:00-3:00 PM, Dr. Henry Slucki, USC, moderator.
Here is the link to the KPFK interview:

http://archive.kpfk.org/parchive/mp3/kpfk_110118_140050au.MP3

In February 2010, my mother was wrongfully removed from her lovely Los Angeles, Westwood home (in violation of the probate court’s own statute Probate Code 2253(g)) and had her home and all her assets taken by the temporary conservator. My mother was quickly declared incompetent and incapable of expressing her needs and wishes so that her statements that she wants to live with me in her own home could be ignored.
At the same time, I was also wrongfully removed from this Westwood home, my residence of 8+ years where I had been living and caring for my parents. The Court revoked my durable powers of attorney for health care and assets and the appointment of me as conservator. I was thrown out even though I am a principal first beneficiary. I had even been paying their expensive mortgage for almost half a year in order to prevent foreclosure.
COURT, PVP, TEMPORARY CONSERVATOR AND HER ATTORNEY, SIBLINGS
In June 2009 my brother and sister, without any notice to me filed papers to be named our mother’s permanent conservators. Their papers contain outright falsehoods about my isolating mother. This filing was done right after they put our father, a former director of the Federal Reserve Board, San Francisco and Los Angeles on “comfort care” at a west Los Angeles hospital, against his wishes, and against the wishes of his wife and me and despite our valid durable powers of attorney for his health care and the fact that neither had a valid power of attorney. His death was thereby accelerated to May 21, 2009. I went to court to bring father home from the hospital but he “died” that very day.
I had been living with and caring for my parents since 2002 without criticism or complaint from my brother and sister, during which time, neither of whom provided much of any financial assistance or personal assistance for their care beyond sporadic occasional/
limited visits and help. They in fact praised my care in writing with greeting cards and gifts to me.
Copies available upon request.
My brother told the probate court that he had been handling our parents financial matters for the past 20 years. Documentation shows however, that rather than manage their business (after father’s retirement from the company that he and mother founded) in order that they be provided for in their old age, under his management only the house and substantial tax liens remained.
Seeking to protect themselves against the repercussions for their own behavior and seeking to remove my mother from my care and deprive me of my home, they did the following. Without evidence of any wrongdoing by me or by the caregivers, the caregivers were changed on 2/8/10. I was then thrown out of my home on 2/18/10 based upon false elder abuse charges made by the new caregivers, the temporary conservator and sister in documents prepared and filed by the temporary conservator and her lawyer and the court appointed lawyer for my mother.
There was no evidence of wrongdoing by me, and they never proved their allegations. They never bothered to try the charges because these allegations were used as a ploy to remove me from the house. The pvp attorney, the siblings attorney, the temporary conservator and her attorney came to the house on 2/18/10 and made me leave. My attorney was also present. On that same day they took my mother out of her home and kept her in the siblings underground basement converted to a unit until March 27/10 based upon more false statements that her house was unfit to live in.
The legal bill for the lawyer of the first temporary conservator dated 12/17/09 states: Review correspondence from CW (temporary conservator) re getting Jeannie out of the house. Taking the conservatee to a new doctor; correspondence to CW re same.”
The temporary conservator’s notation for services rendered for 2/4/10 states: “Telephone call from CT (sister) regarding her expectations of the hearing on 2/10/10. She expressed her frustrations about the lack of progress in changing caregivers and moving her sister, Jeannie out of the house.”
VIOLATION OF CIVIL RIGHT PROTECTIONS
The Constitutional-civil rights protections of speech, religion, right to own arms, procedural due process, right to be free of unreasonable searches and seizures and cruel and unusual punishments are supposed to protect my mother and me as her long time familial caregiver,
but these laws are disregarded by the probate system as described below.
In September of this year, the temporary conservator violated my personal privacy by breaking into three locked suitcases and examining confidential and private papers, despite the fact that I had expressly told her she did not have permission to do so.
　
NO EVIDENCE PRESENTED, YET ORDERS ISSUED FOR RESTRICTIONS
Without any evidence or pending accusations, and based totally on unfounded hearsay, I am forbidden by the probate court from caring for my mother, talking to her about her medical care, diet, residence, vitamins/supplements/medications and speaking in Japanese with her. My mother’s health condition has greatly deteriorated since I was removed from her care.
　
By court order, although I cared for her 8+ years and am her daughter, I am not allowed to cook any food for her or make any juices, take her pulse, blood pressure or weigh her or speak with her caregivers or any medical personnel caring for her. I am not allowed to see my mother or talk to her by phone when I want to or when my mother wants to see me or talk with me. The temporary conservators have arbitrarily canceled visits without notice, shortened times of my visits, changed visit days without reason or based upon untrue statements even when mother has begged and pleaded to be with me, to have me by her side, to have longer visits, more frequent visits. (taped).
Since February 2010, my mother and I have been forced to pay $50/hr. for monitored visits without any evidence having been presented for this requirement and despite my objections and requests for unlimited, unmonitored visits with my mother. I was not allowed to take her out at all--to eat or on rides for months.
Just recently, we are charged for visits over an hour and if I take
my mother out. The minimum charge is $100 per visit.
A one hour visit time is too short to go to Church. One hour visits are extremely too short and cruel, especially where both mother and daughter have repeatedly asked for more time together. I can only bring one visitor at a time to the basement unit with me so there is no more Bible study.

My mother is denied phone calls from her friends and visitors. When she was living at her home, her answering machine was turned off by the conservators. The pvp has prohibited all of my mother's previous caregivers, even if they are personal friends, from visiting her, in all likelihood to prevent them from seeing her sudden deterioration and poor current care.

CONSERVATOR, SIBLING HARASSMENT

When I brought a scale to a visit in order to weigh my mother--before the court‘s order that I can not weigh her, the police were called by the temporary conservator and sibling. I left before they arrived. In June 2010, based on totally false accusations, the temporary conservator, in the plain view of my mother, had the police take me in handcuffs to the police station in West LA. I was immediately released because the accusations were completely false.

Mother’s court appointed lawyer blatantly and constantly misrepresents in open court, and makes untruthful statements such as mother’s home is unfit to live in, mother does not want to live in her home, mother prefers to live in the basement unit. The pvp told me that I would never be able to live in my mother’s home with her again without giving me a reason and she told me and the court that she is intending to put my mother in a nursing home rather than let her go back to her home. My mother does not need to go to a nursing home and can easily live in her own home (with me) and with me in my condo. The pvp’s first legal bill to my mother who has extremely few assets was $9,000 for that first month.

MOTHER’S DEPRIVATION SANCTIONED BY THE COURT

Although her blood pressure became unstable and measuring 160's-170's, she has been denied all of her Dr. L prescribed normal blood pressure maintaining supplements and not prescribed any substitutes, nor is she being given any blood pressure medication; She slurs her words because of high blood pressure when she blood pressure reaches the 140‘s. She has developed swelling hands and severe dental problems. She was kept terribly cold last year Feb. March 2010, now she is kept warmer because of all my complaints. She had been kept so cold in the winter that she was shaking from the cold. She still has cold hands & feet from the poor diet and because they don't let her wear a little hat/cap. She continually has cold hands and icy cold feet even in warm weather, she is being given laxatives instead of proper fluids and diet, and was being given seeds and nuts when she has diverticulitis. She has developed new and serious dental problems.

There was an attempt to take her to a new, unknown doctor the day before my mother was to turn 94. We fought hard on this issue and notified all concerned that we thought this was a strange appointment and why wasn‘t she being taken to her own doctor of over 10 years. One of her medical reports states that she has at least another 8 good years ahead if she does not develop certain ailments which since the sister and temporary conservators have taken over, she is suddenly developing the ailments which list includes blood pressure problems, urinary tract and other infections.
The siblings absolutely refuse to sit down and talk settlement despite 8-10 attempts that I have made. I am concerned about the numerous life insurance policies that might exist as mentioned in my father’s personal financial statements on the life of my mother, and the termination of benefits provisions in older policies should an elderly survive past 94-95 years of age. I want my mother to outlive any termination of life insurance beneficiary benefits provisions.
　
WASTE OF ASSETS

The probate courts are supposed to help those in need conserve their assets (which is why the persons they appoint are called “conservators”). Recent disclosures by a report from the GAO reveal that conservatorship abuse is rampant. My own 94 year old mother is being held in a small, damp, poorly ventilated, 3/4 underground unit where she is denied good nutrition and proper medical care, and her court appointed temporary “conservators” are squandering her assets.

Over a year later, a disputed accounting has just been filed in December ‘10 for questionable spending through May ‘09 only. This “accounting” is mainly being used to present as fact, irrelevant hearsay and totally false allegations unsupported by any evidence to further defame and slander me. The current “conservator” has likewise been allowed to avoid accounting for her spending since she took over in June ’09 to date so that all that we know now remains is my mother’s home in Westwood. The Court therefore, completely refused to acknowledge any of my mother’s wishes to live in her home and to be with me and has allowed her funds to be spent with hardly any accountability.
Mother has not received any of her long term care insurance benefits. Her long term care insurance reimburses payments for a caregiver is at the daily rate of $100. The temporary conservator changed the caregivers on February 8, 2010, firing our $100/day caregivers and replacing them with $195/day caregivers, many of whom could hardly read, write or speak English well and most of whom did not take proper care of mother. (Didn't get up at night to tend to her, did not give her adequate liquids or healthy meals, clean her adequately, provide daily activities for her, talk to her, etc.) The temporary conservators to date, have not obtained the long term care insurer's $100/day reimbursement for mother's caregiver payments.

MOTHER’S HEALTH DETERIORATION

Since I have been put out of the house and not allowed to care for her, my mother has collapsed 5 times in 9 months, twice losing consciousness and in July foaming at the mouth. She has had to be transported unconscious by ambulance to emergency where she had to be hospitalized twice in 2 months. She has had 5 urinary tract infections (uti) in 9 months. Under my care she had 1 (uti) in 8 years and she had never collapsed or been hospitalized during those 8+ years.
　
After I was removed from the house in Feb. 2010 she had all her doctor prescribed supplements stopped without any reason given. She had been taking these supplements for over 8 years. Under my eight years of care her blood pressure and cholesterol were kept normal with doctor prescribed supplements only. She had no osteoporosis or dental problems. She was healthy, lively, energetic and walking around with her walker. Visitors thought that she was in her 60's.
This is no longer the case. Her care became the following: The removal of her warm clothing, warm blankets, little cap on her head to conserve body energy; inadequate amounts of nutritious liquids, complex carbohydrates, proteins, vegetables, dairy and other healthy foods so that she constantly complains of great fatigue, she can no longer walk unassisted, and her cholesterol has drastically increased with bad cholesterol up from 99 to 155. She is given 3 laxatives daily and now suffers from swelling hands, dental problems that she had never experienced under my care.

REMOVAL OF MOTHER FROM HER HOME

My mother was taken out of her home against her will and understanding on 7/13/10 and not allowed to return. There has been no medical reason given, or any medical emergency. Her requests to go back home have been ignored and she has been told that if she does go back she will live there alone and not be able to see her grandchildren or her great grand children and that her home is dirty, unsanitary not habitable and that it costs too much money to live there. The court has been presented with false statements about the condition of her home.

Despite my constant suggestions both verbal and email, my mother continues to be given an improper diet, improper care so that she is frequently constipated and is given 3 laxatives instead of adequate nutrition. She is frequently seriously ill from urinary tract infections, has to take harsh antibiotics and be hospitalized, continues to suffer from the complete withholding of her nutritional support and supplements that she has taken for 8+ years and greatly suffers from a forced separation from me and is unable to attend church or travel with me.

My mother has been suffering physically from the substandard care being provided by the siblings and the temporary conservators. And they are doing everything they can to separate me from my mother, since I am in the way of their taking her house and all of her assets, and even her life.

These atrocities must not be allowed to continue, especially after the pvp, the conservators and their attorneys and the court have been advised repeatedly of these matters.

I am frankly afraid that my mother will not survive much longer under these conditions. If my story were unique it would be simply sad. Given the pervasiveness of these sorts of abuses, the situation cries out for exposure.
Recent disclosures by a report from the GAO reveal that conservatorship abuse is rampant. Report to the Chairman, Special Committee on Aging, U.S. Senate United States Government Accountability Office GAO September 2010 GUARDIANSHIPS.
www.guardianshipcert.org/files/GAO_report.pdf

This, from newspaper The Arizona Republic, dated December 11, 2010:
Score one for the old, the sick and the vulnerable – which, in Arizona, is saying something. The Arizona Court of Appeals on Thursday tossed out a probate judge's ruling that R.B. Sleeth must pay $265,000 to a lawyer who spent most of his time fighting the old guy's wishes. Sleeth, as you may recall, is the 81-year-old Paradise Valley man who spent 10 weeks imprisoned in a lock-down unit for advanced Alzheimer's patients in Scottsdale, never mind that he didn't have Alzheimer's. It took him nearly two years to extricate himself from Maricopa County's probate court. Unfortunately, by then his $1.4 million estate had been reduced to “virtually zero”, according to court records.
To see what is happening to my mother and to other elderly and disabled people throughout the state of California and to understand the extent of the probate court/conservator/guardian peril to the citizens of the United States, please see on the Internet:
1.
An Open Letter to Congress and the White House. www.anopenlettertocongress.info/
2.
The Probate Murders by Janet Phelan. janetphelan.com
3. The map of the US at
www.guardianshipgonebad.com and note the many complaints.
4. noethics.net provides information re problem judges, attorneys;
5. angr.us, elderabusehelp.org, estateofdenial.com.
6. Blind, dementia sufferer Lee Peters’ horror story of law breaking and civil rights abuses in the probate court system against vulnerable senior, Lee Peters can be seen at
www.avivakbobb.com Bobb retired in May 2008.
7. Janet Phelan: The Ithaca Report - Parent Advocates ... REPORT TO THE UNITED NATIONS ON THE HUMAN RIGHTS RECORD OF THE UNITED STATES OF AMERICA See:
www.parentadvocates.org/index.cfmfuseaction=article&articleID=7790
8. CBS Evening News 12/23/10 , Ms. Couric and Ms. Attkisson did an informative program about guardianship abuse of Marie Long by Sun Valley!
My mother and I are also experiencing squandering, seizure and removal of home and assets, and grossly incompetent care by court appointed conservators and certain family members.
9.
California Probate Code Section 2253(g): The court may approve the request to remove the conservatee from the previous place of residence only if the court finds (1) that change of residence is required to prevent irreparable harm to the conservatee and (2) that no means less restrictive of the conservatee' s liberty will suffice to prevent that harm. If an order is made authorizing the temporary conservator to remove the conservatee from the previous place of residence, the order shall specify the specific place wherein the temporary conservator is authorized to place the conservatee. The temporary conservator may not be authorized to remove the conservatee from this state unless it is additionally shown that such removal additionally shown that such removal is required to permit the performance of specified non psychiatric medical treatment, consented to by the conservatee, which is essential to the conservatee's physical survival. A temporary conservator who willfully removes a temporary conservatee from this state without authorization of the court is guilty of a felony.

PLEASE HELP MY MOTHER SURVIVE.

PLEASE HELP CALIFORNIANS, ALL AMERICANS!

Jeannie Tanaka
P.O. Box 241256
L.A., CA 90024
310-903-8730