THE ROBING ROOM where judges are judged

I just found this website that every family victim and advocate can use:

THE ROBING ROOM where judges are judged

Click on this link: http://www.therobingroom.com/

Just click on your state (lower left) or on your region of the country. Then, follow the prompts! You may rate, post comments, and contact others who have posted.

I was doing a google search, to see if any of my postings were surfacing, for the judges who perpetrated the “guardianship” crimes against my, elderly, parents. One link opened, directly, to the rating page for the judge in Maryland who, first, took my parents into guardianship, Judge Louis Becker. He has, all, low ratings.

I’ve been behind the scenes, for awhile, but, my advocacy continues in the efforts to find justice for my parents, William and Ada Morris, who passed away, last year, still under this abusive and illegal guardianship. Their lives were stolen, under the guise of protecting them, by Howard County, Maryland, Circuit Court Judges, Louis Becker and Dennis Sweeney and continued with Timothy McCrone. This was, also, orchestrated by Ofelia Ross, caseworker from the Howard County Office on Aging and the “court appointed attorney”, Ria Rochvarg. When my postings went “viral”, last year, Ofelia Ross was replaced by Marcia Soergel, another caseworker. Here, again, are the links to my parents’ story:

1) Neglect & Abuse of William & Ada Morris: http://elder-abuse-cyberray.blogspot.com/2010/04/william-l-morris-and-ada-v-morris.html

2) Letter to Maryland Governor Martin O’Malley: http://elder-abuse-cyberray.blogspot.com/2010/06/racketeering-scheme-against-elderly-and.html

3) Intent to Murder (my father): http://elder-abuse-cyberray.blogspot.com/2010/06/intent-to-murder-by-howard-county.html

4) Condemned to Die (my father): http://elder-abuse-cyberray.blogspot.com/2010/07/condemned-to-die-real-death-squad.html

5) Even in Death, They Plague Us: http://elder-abuse-cyberray.blogspot.com/2010/08/what-nightmare-even-in-death-they.html

Time has not permitted me to write a full account of events that took place at Howard County General Hospital. Here is a, brief, summary: Corruption knows, no, limits. This was obvious with the “bait and switch” by one of the head doctors, “Intensivist”, Dr. David Nyanjom, in the HCGH Intensive Care Unit. He had a meeting/conference call with our family and he told us that he supported my father having a feeding tube. My father lay in his hospital bed, another week, while waiting for an “expedited” court hearing regarding the feeding tube. Dad had, already, told me he was in favor of the tube. But, his wishes were denied. Dr. Nyanjom’s peer (another intensivist), Dr. Fernando De Leon, was the doctor to show up in court. He testified, against, my father having a feeding tube. When I, later, confronted Dr. Nyanjom on the “bait and switch”, his unprofessional and uncaring demeanor validated his participation and complicity. The Howard County Office on Aging had, already, spent all of my parent’s money and Medicaid was, not yet, available, for them. Since my parents’ social security and pension income was not enough to pay for both of my parents, in assisted living, and as the Office on Aging was determined to keep control, they, no longer, wanted my father to live.

To keep other complicit social services, and attorneys, accountable, here are their names: Janis DiSibio, Shareese Kess-Lewis, Debbie Beares, Peggy Rightnour, Phyllis Madachy, Susan Rosenbaum, Sue Vaeth, Charlene Gallion, Beverly Heydon and Anthony Doyle. Administrative Judge Diane Leasure was, also, complicit as were, at the state level, former Maryland Secretary of Human Resources, Brenda Donald, Maryland Secretary Department on Aging, Gloria Lawlah, the Office of Health Care Quality and Maryland Governor Martin O'Malley. Assisted living owners, who gained thousands of dollars a month, from my parents’ estate, and who, willingly, lied against family members, are: Carmen Collandrea and Richard Collandrea owners of Bryant Woods Inn Assisted Living, Columbia, Maryland and William Singh and Elmira Singh, owners of Pfefferkorn Assisted Living, West Friendship, Maryland.

My mother’s birthday is this Saturday, August 13th. She would have been 91. Mom and Dad, rest in peace!

Barbara Morris

Daughter and Advocate for Justice

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

THE FLEECING OF OUR PARENTS AND GRANDPARENTS MUST BE STOPPED

We are cooperating in an effort to bring the abuses suffered at the hands of the legal system to the forefront. Our Elderly, Disabled and otherwise Infirm are being legally fleeced by court appointed Guardians, Fiduciaries, Conservators and their Lawyers.

Some elderly persons are losing control of their own lives without ever being given the chance to speak out---everything is stolen from them "ex parte", which means it is done in a proceeding "without their presence or participation."

Even when the Elderly and Disabled are ALLOWED to participate in the proceedings, our Parents, Grandparents and Friends are considered "incompetent" for a variety of reasons, including the random act of kindness of opening their hearts and homes to the homeless and less fortunate. The term "incompetent", I've learned, is a very flexible, slippery slope, wielded as a tool to steal from those who can do nothing about it.

Inheritances are being redirected from the rightful heirs, into the system by judges that "look the other way" when loopholes are brought to their bench, while a long line of strangers pocket the life savings of vulnerable persons.

Since when is it in the "Clients" best interests to take away their freedom and their savings, only to force them into a nursing home as a ward of the state with the taxpayers bearing the costs for the balance of their life---while the court appointed Guardians, Fiduciaries, Conservators and their Lawyers put their fees in the bank?

Since when is it in the "Clients" best interests to throw their family histories, historical documents and family photos and heirlooms in a DUMPSTER?

Since when is it in the "Clients" best interests to take their family away from them by court order---leaving them in the hands of strangers who have no true interest but a financial one?

IT IS A MATTER OF LAW that no one in this great Country will have their life, liberty or property taken from them without "due process of law", yet the rights of the elderly are violated EVERY DAY!

WE WANT TO SPEAK FOR THOSE WHO HAVE NOT BEEN ALLOWED TO SPEAK FOR THEMSELVES

WE DEMAND THAT THE FLEECING OF OUR PARENTS AND GRANDPARENTS BE STOPPED

WE INTEND TO BE HEARD.

---Oregonians Against Crooked Lawyers---See us on Facebook!

“Dancing Around the Beast”

“Dancing Around the Beast”

(Guardianship “Reform” Legislation is Failing to Address the “Beast”)

-by-

Angela V. Woodhull, Ph.D.

(licensed private investigator)

(352) 327-3665
(352) 682-9033

If you’re unfamiliar with the saying, “Dancing Around the Beast,” then perhaps a definition of that saying is where I should begin. Yet, according to a search in Almighty Google,

there is no definition for “Dancing Around the Beast.” Likewise, a few books on colloquialisms does not produce any reference to “Dancing Around the Beast.”

Okay. We all know what it means. It’s the “elephant in the room” Or put another way, it’s “skirting the issue.” It’s talking about a “problem” and addressing all of the peripheral issues but never tackling “the problem,” better known as The Beast.

You may be asking, “Well, who is the Beast?” And if you haven’t guessed by now, The Beast, by all means, are attorneys—the primary vultures when you or your loved
one have been placed under an involuntary, predatory guardianship.

What can be done about the Beast?

Those of us who are Civil Rights Guardianship Reform Activists have done several things to confront the Beast.

We’ve:

· Gone to court

· Hired attorneys to fight the Beast (other attorneys)

· Contacted law enforcement (to no avail)

· And, finally, contacted our local legislators, crying, “You need to change the laws! We need guardianship legislative reform!!”

Guardianship Attorneys Are “The Beast”

In a nutshell, The “Beast” is predatory guardianship attorneys who set off to covert all of your assets into attorneys’ fees. And as we saw in the Marie Long case, it doesn’t take long for a team of vulcher-like guardianship attorneys to deplete a $1.3 million estate leaving the victim subsiding on welfare and Medicaid. The “solution”, from public outcry in Arizona, was to demand legislative reform. But that main goal was quickly forgotten.

HR2424 quickly evolved into a pro-guardianship bill.

As guardianship victims go round and round from legislator’s office to legislator’s office looking ways to reform the law, everything is address except for The Beast. Take a look at some of the reforms that all of our efforts have gotten us so far:

· New Law, state of Washington: A guardianship should only be commenced with “clear and convincing evidence.”

The Beast doesn’t care about this law. This law will not stop The Beast. Why? Because there are always medical professionals who will write reports of “clear and convincing evidence” so that a guardianship can be commenced upon anyone.

Take the case of Debra Skulls, for example. When her mother died, she inherited about $250,000.00 and thought she would move in with her brother and his wife. But Skull’s sister-in-law did not like that plan. The solution? Skull was declared by “clear and convincing evidence” mentally incompetent placed under the “care” of a professional guardian who allowed Skull to live in a filthy half way house in the downtown Miami area while Skull’s

“guardian” and the guardian’s attorney feasted for two years on Skull’s inheritance. When the $250,000.00 was completely spent, Skull was found by “clear and convincing evidence” to be re-capacitated. Yep. As soon as the guardian and her attorneys spent all of Skull’s money, they found three medical doctors to say that Skull no longer needs a guardian. The Beast therefore continues his dance.

· New California law: Professional guardians are now “monitored” once every two years. Does The Beast care about this law? Not in the least. The Beast will continue to rake up exorbitant attorney’s fees while, at the same time, a new industry has been created—private companies that are hired to monitor professional guardians! And guess who pays for this new level of investigation—The Ward! So, meanwhile, The Beast will continue to happily dance.

Let’s take a look at other passed legislation:

California Bill AB 1363--Enhances court review & expands duties of court investigators

(This bill dances around The Beast by adding another layer to the problem. The court investigators may find that an attorney charged $375 for an item that the court should have paid only $350 for. Therefore, the “Beast” still gets to devour the assets of the elderly person, but it may take a little longer.)

In fact, any of the following bills simply “dances around the beast”:

California SB 1116--Increases court oversight of ward moves & sale of
home.

California SB 1550 --Establishes licensing & disciplinary scheme for
professional fiduciaries.

California SB 1716-- Allows court to take action in response to informal
ex parte complaints & communications.

Florida HB 457-- Enacts recommendations of Guardianship Task
Force.

Florida HB 191-- Enacts amendments concerning less restrictive
alternatives, guardian modification of ward trusts, and court monitors.
because the end result, at the end of the day, is that no one is monitoring or examining The Beast.

The Beast Continues—Unfettered--Despite Any and All

Guardianship Reform Legislation

Does The Beast really care if there is:

· A Guardianship Task Force? (The Guardianship Task force compiled a “report” in 2006. Did this report inhibit the Beast? Not in the least.)

· Increased court oversight regarding the selling of the “ward’s” home? (Does this additional oversight inhibit The Beast? Not in the least. At the end of the day, the attorney is still paid whether the home of the “ward” was sold at fair market value or below market value and then laundered by the guardian and her friends.)

· Increased licensing requirements of professional guardians

(No. At the end of the day, the Beast is still turning in exorbitant fees that the Judge is rubber stamping. It’s just “another day in court” for The Beast.)

And yet another new law was just passed in the state of Kentucky regarding “financial exploitation” of the elderly. Does it sound like a beneficial law that will prompt an investigation of attorneys who convert nearly the entire estate of a “ward” into attorneys’ fees? Of course it does! But what the new Financial Fraud Act of Kentucky actually accomplish? Incredibly, it states is that if a named heir has ever been convicted of a felony, the heir
cannot become a guardian or collect his or her share of the estate!

The new Financial Fraud Act of Kentucky actually benefits professional guardians and their attorneys by making it easier for them to exploit the elderly. Once again, The Beast dances away.

HR 2424—

Most recently, in the state of Arizona, Representative David
Smith (R) stopped dancing around the Beast and decided to tackle the Beast directly with HR 2424 which, in its original form, stated that attorneys would be limited to taking only $10,000.00 in fees to defend a challenged guardianship. Guardianship associations, however, quickly opposed the bill, and instead introduced their own bill that gives more power and authority to professional guardians. HR 2424 was soon almost dead in the water and instead incorporated into a pro-guardian bill that, of course,eliminated the $10,000.00 cap of attorneys’ fees.

The Beast—at this point—is so experienced at circumventing guardianship legislative reform that you’ll soon see him on

Dancing with the Stars.

California Reform of Financial Exploitation of the Elderly and Nursing Home Abuse (CANHR)

Which led me to stumble upon the California Reform of Financial Exploitation of the Elderly and Nursing Home Abuse non-profit organization in California. “Now here is something exciting!” I thought! “An organization that is actually addressing attorneys financially exploiting the elderly!” I couldn’t wait to speak with the director, Pat McGinnis, who claimed in a brief phone conversation with me, that she’s been “fighting the fight”

for 27 years. Even though nothing much has been accomplished,

according to McGinnis, at least she’s been out there writing grants and her staff attorneys address the California legislature on a regular basis. It was Don Quixote with a law degree and I wanted to speak with him.

Prescott Cole, Staff Attorney, California Reform of Financial Exploitation of the Elderly and Nursing Home Abuse (CANHR)

When I received a call back from CANHR staff attorney,

Prescott Cole, I was eager to see what he would suggest as far as authoring legislation that would kill the Beast, or at least tame him dramatically.

I asked Cole, “If I am an elderly person, and my daughter and a professional guardian are battling over whether or not I should be placed under guardianship, why should I be paying for this?”

But Cole had no answer for me. Even though he specializes in “financial exploitation” of the elderly, his investigations into legislative reform never include examining the Beast. Instead,
Cole is the Attorney White Knight who investigates fraudulent insurance companies and shady “reverse mortgage” schemes.

But when I suggested that attorneys are exploiting the elderly by converting a lifetime of savings into attorneys’ fees, this was not a subject that Mr. Cole was interested in pursuing in the least.
The Beast dances again.

Cole suggested that I speak with yet another attorney at CANHR who specializes in guardianship reform.

Alas! I would be put in touch with the “right person” who could tame the Beast!
Disturbing Phone Conversation with Staff Attorney Tony Chicatelle, CANHR
I explained to Chicatelle that I was looking for legislation, similar to what had died in the water in Arizona, where attorneys could be paid no more than a “mere” $10,000.00 in attorneys’
fees for “defending” a guardianship, using the “ward’s” money.

I told him that Norman Lawson, head of the Kentucky Legislative Judicial Committee, stated that there could be a bill that simply states that the “’ward’s’ funds cannot be used for the criminal or civil defense of a guardianship.” End of story.

Chicatelle, however, felt that would be a terrible bill.
And why is that? Because, Chicatelle, in his capacity as the attorney for a non-profit organization, actually is hired to get people out of unnecessary guardianships. “Capping attorneys’ fees,” Chicatelle stated, “would provide a disincentive to fully litigate their rights.”
Yes, you heard me correctly.

So, if someone decides tomorrow to file a guardianship proceeding upon you that you did not ask for, request, or even need, then you might find yourself having to spend your lifetime
of savings on getting yourself OUT of that unwarranted guardianship.

Chicatelle, the non-profit extraordinaire, saw absolutely nothing wrong or out of the ordinary with this scenario. Said Chicatelle, “It’s no different that anyone suing you over anything. I can start a frivolous lawsuit over anything on you and you’ll have to spend money to defend yourself. Or, if you are charge with a crime, you’ll have to hire an attorney to defend yourself.”
Chicatelle added, “My freedom means enough to me that if I had to spend my entire lifetime’s savings to get out of a guardianship, I’d do it.”

Chicatelle saw nothing wrong with this scene, which, in actuality, amounts to, more or less, a legalized form of kidnapping and ransom. After all, he is the “non-profit guy” trying to get you “out” of the guardianship that you shouldn’t have ever been placed under in the first place.
And so, The Beast continues, dancing away, unfettered.
*****************
Tomorrow is another day. There will be other civil rights guardianship reform advocates calling up legislators and visiting their 22-year-old legislative side kicks, their eyes glazed over as they feign interest in the subject matter of guardianship reform. There will even be a smitten of legislators taking their own phone calls, some vowing to “’reform’ the guardianship laws.” Some will get a bill or two passed, and there will be a new “tightening” on the restraints of what professional guardians can and cannot do. But the “dance around the beast” will remain, unaddressed.

And the Beast will continue his dance—unfettered--until the federal government seriously steps in and takes the Fourteenth Amendment (life, liberty, and property cannot be removed without due process) seriously. Converting one’s entire lifetime of savings into attorneys’ fees is the dancing beast that needs to be seriously addressed by our federal legislators.
**********************************
Angela V. Woodhull, Ph.D.
licensed private investigator
(352) 327-3665
(352) 682-9033

Another 'How could this go on in America?' Story

"Under Colorado law, the courts are supposed to follow a hierarchical list when choosing a guardian: Spouses, adult children and family friends all rank higher on that list than professional guardians. . . . Stewart followed none of these procedures . . . . 'It's criminal what they've done to me and my son,' Letty said. 'How could this go on in America? All my rights have been taken away. . . . They've taken my money and keep me from seeing my son when he's done nothing wrong.'"

Read it all here =>>BlondJustice.0rg

Tougher Penalties Needed For Elder Abuse

By TERRY DAVIDSON, Toronto Sun A seniors' advocacy group is calling for elder abuse to be recognized as a crime under the Criminal Code.Susan Eng, CARP’s vice-president of advocacy, said many elder-abuse cases that make it to court don’t necessarily lead to a just outcome because of the “complex” relationships of those involved — parent and child, and in some cases, dependant and guardian.

Prosecutors have difficulty getting either the conviction on one hand, or a serious sentence on the other,”

Source=>>Toronto Sun
---------------------------------
You know Terry I thought about this a lot and I think you hit a nerve there, treating Elder Abuse as a crime is an idea whose time has come and actually making people serve time for elder abuse crimes even if it entails punishing a few guardians and their attorneys who wealth is predicated on the Exploitation of vulnerable elder adults is a great idea,now if we could only get some in the USA to think like you this is an idea a lot of us could stand behind....

Frenzy to Steal Elder's Pension in US and UK leads to Carelessness Leading Some to Get Caught

A personal banker helped fraudsters steal more than £820,000 from a pensioner’s ‘nest egg’, a court heard.Mohammed Ahmed, 26, first made unauthorised changes to the savings account set up by 75-year-old Brian Mahoney, it is claimed.

He then transferred all but £80,000 out of the retirement fund with Barclays, jurors were told.

Mr Mahoney, from Cheshunt, Herts, only found out when he rang the bank two months later to check how much interest he was receiving.

Read more: http://www.dailymail.co.uk/news/article-1359535/Barclays-bank-manager-helped-fraudsters-steal-820-000-pensioners-nest-egg.html#ixzz1EiVaDZD9

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.

***************************
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.

**************************
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--$$$$$$$$.

************************
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.

************************
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.”

******************************
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!*

****************************
*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

***************************

It's Open Season on Elders! In an Average Week, Utah Seniors Lose $1 Million to Thieves.

By patty henetz The Salt Lake TribuneIn an average week, Utah seniors lose $1 million to thieves.

That’s the grim finding of a new state study of elder financial abuse, which concluded the perpetrators are overwhelmingly the people seniors need to trust the most: their children and grandchildren.

These betrayers steal cars and pawn wheelchairs, refuse to pay rent to live in their parents’ homes and steal their medications. More often, they appropriate credit cards, loot bank accounts or forge checks.

The criminal activity costs all of society, says Jilenne Gunther, legal enforcement counsel for Utah Adult Protective Services. Her report, released last week and based on 2009 statistics, found that thefts ranging from $35 to $745,640 cost seniors, taxpayers, businesses and the government $51,506,100.

Financial institutions saw $30 million stolen; Utahns paid an estimated $7.8 million to care for elders impoverished to the point they turned to Medicaid for health care.

Affinity fraud, in which swindlers use personal or church connections to con people out of their money, has gotten a lot of attention in Utah. But advocates have had difficulty getting law enforcement to pay attention to fraud within families. For years, it was considered akin to a family squabble, and as with child and spousal abuse decades ago, was regarded as a problem best solved in the home.

“We couldn’t get the attention because we’re just social workers,” says Peter Hebertson, Salt Lake County Aging Services outreach director.

But financial theft represents the most prevalent type of elder abuse in Utah, Gunther says. Amid budget cuts, she undertook her study to justify a focus on combatting it.

‘It’s going to be mine’ » The report looked at 57 confirmed cases of elder financial exploitation, which Gunther says is probably 90 percent too conservative. She estimates that for every 10 actual incidents, only one is reported.

Some costs of such abuse couldn’t be quantified, such as loss of public housing, the consequences of drug dealers and users moving into a home, reverse mortgages gone bad, bank and credit-union liabilities due to fraud, utility shutoffs due to unpaid bills and mental and emotional damage to the elders themselves.

According to Gunther’s study, only 11 percent of perpetrators are strangers. Family members are responsible for 72 percent of all elder financial abuse cases.

“That is what makes it so insidious,” says Salt Lake County District Attorney Sim Gill.

Gunther’s study found that only 2 percent of referral calls to Adult Protective Services came from the victims themselves.

In a separate survey of the legal needs of 1,000 Meals on Wheels clients in Utah, 6 percent reported having been financially abused. An additional 11 percent reported circumstances that would be considered financial exploitation, but didn’t report being abused.

The finding indicates elders might be embarrassed about what their families are doing or, conversely, unaware they are being robbed.

Elder Abuse is far more Rampant than Evidenced : For Every Case of Financial Exploitation Reported, 44 Cases go Unreported

By By Sen. Katherine Clark and Rep. Paul Brodeur

Stoneham —Boston

In recent months, a Fall River family was arrested for criminal neglect of their grandmother who was admitted to the hospital with bedsores so deep they exposed muscle and tendon. A Topsfield man pled guilty to involuntary manslaughter of his mother after an abusive episode of yelling and striking his mother with a telephone resulted in fatal injuries. A Hyannis stockbroker awaits trial for swindling elderly clients out of hundreds of thousands of dollars of their hard-earned savings. Elderly abuse is often hidden because it is frequently perpetrated by family members, close acquaintances, and caregivers, but it occurs in every community in the Commonwealth.

For nearly three decades, Massachusetts has had laws in place to protect elders from abuse. But statistics now show that abuse within one of our most vulnerable populations is increasing at an alarming rate. When Massachusetts established the elder protective services program in 1984, 1,500 reports were filed, but this year that number jumped to 19,500 reports – that equals 54 new cases each day. Nationally, a recent Cornell University study found that elder abuse is far more rampant than evidenced by reported cases. For every case of financial exploitation reported, 44 cases go unreported. For every case of neglect, 57 cases go unreported.

Elder abuse is not just physical and sexual violence; it also includes emotional abuse, self-neglect, and financial exploitation. Stealing from seniors and other forms of financial exploitation adds up to more than $2.6 billion a year nationally according to a report by Metlife’s Mature Market Institute. In this economy, personal savings, home equity and other “nest eggs” make seniors particularly vulnerable targets. Since family and caregivers are the perpetrators in 55 percent of the cases of financial fraud against seniors, these crimes often go undetected, and it is often difficult for well-intentioned family members or friends to strike a balance between a senior’s right to make independent decisions and intervening to protect them.

Elder protective services are funded through the state and, like many essential services, are suffering in a difficult budget. These appropriations not only cover the costs of investigators statewide, but also an elder abuse hotline, legal expenses, guardianship appointments, and a money management program for elders struggling with daily finances.

Since FY 2009, funding has decreased by $800,000 resulting in many cases being only partially investigated. While the governor’s FY 2012 budget level funds protective services, abuse reports have risen by nearly 29 percent. To address this crisis for our seniors, we have filed legislation that calls call for a comprehensive approach to elder abuse by establishing a commission of experts to analyze the problem in Massachusetts and make recommendations for coordination of services and changes in law if necessary. This special commission will investigate ways to improve our elder protection system by developing prevention methodologies, pro bono resources to assist elders and protective services agencies, and multidisciplinary case review teams.

Senior abuse creates financial, emotional and physical burdens for its elder victims and their loved ones. The more seniors injured, the more government will pay to care for them, and the more difficult it becomes to keep at-risk seniors in the community. By raising public awareness of this growing problem and giving our protective service agencies the resources they need, we can improve the quality of life for seniors in the Commonwealth. Prevention and detection of elder abuse is everyone’s business. Watch out for the seniors you know and report suspected abuse.

Ref=>>here

If you suspect or witness elder abuse, call the confidential Massachusetts Elder Abuse Hotline at 1-800-922-2275. The Elder Abuse Hotline is open 24 hours a day, 7 days a week

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

Blogmaster's note:

Perhaps some of us ought to write the good Senator and explain to him how when the elder financial abuse is reported as in the case of my mother, Clara G.Fernandez and thousands of others documented here http://nasga-stopguardianabuse.blogspot.com/,
http://www.estateofdenial.com/category/news/,
http://elder-abuse-cyberray.blogspot.com/, http://angr.us/,
http://www.lvaallc.com/, www.4fate.org,
http://www.ca-la.org/html/contact_us.html, http://www.fa-ir.org/,
http://www.fightbacklegalabuse.com/, and www.njcdlp.org. that's when the real abuse starts, the isolation,the drugging, the fleecing, and the eventually euthanasia of the loved ones when the money runs out! Perhaps you can fool the unsuspecting victims into delivering your loved ones into the arms of the wolves who answer to no one and have infinite power to do as they wish, but senator until you fix the underlying cause this type of news can only be expected to get worst...

Elder Financial Terrorism - The Patricia and Richard Hickerson Story

Our story is about my parents, Patricia and Richard Hickerson who were
sold a reverse mortgage that was not needed or appropriate for their
circumstances. It’s a tragic story of deceit, fraud and purposefully targeting
vulnerable seniors to deprive them of their property, retirement, dignity and
quality of life.

Mom and Dad were good, caring, and trusting people who worked all their
lives to provide for each other and their family. They lived in a modest home
they took pride in for 25 years. Mom and Dad volunteered together
delivering “Meals on Wheels” and Mom volunteered for the city and thrift
shop. They enjoyed giving back to the community where they lived.

MOM AND DAD'S HEALTH

In April of 2002 Mom was diagnosed with Alzheimer’s disease and could no
longer balance a checkbook or manage the family finances as she had all
her married life. By 2003 mom was unable make change for a twenty dollar
bill. She required assistance in basic activities of daily living.

Dad had been suffering from 9 major illnesses for more than 10 years,
including heart disease, lung disease, and diabetes. By 2004 he also had
metastatic cancer in his head and advanced liver cancer. Dad knew he
was dying but he never told anyone. He never complained or told us how
much he was suffering.

In January 2005 Dad applied for long term care insurance for Mom and
himself. They were denied coverage because of their medical history and
the fact that Mom would need long term care for Alzheimer's disease.

REVERSE MORTGAGE TIMELINE:

In 2005 Dad noticed the TV ads featuring James Garner and Robert
Wagner talking about the benefits of Financial Freedom Reverse
Mortgages. Dad responded to a mailer wanting to know what a reverse
mortgage was.

On March 11, 2005 a sales representative came into their home and gave a
mis-leading generic presentation full of all sorts of benefits that did not apply
to my parents circumstances or financial situation. He brought with him a
Pacific Reverse Mortgage generated loan application, good faith estimate,
disclosures and amortization schedule based on property value
guesstimated by my dad to be $650,000.

A formal property appraisal was done later and came in at $530,000 - 20%
less than Dad's estimate. The salesman's only disclosure was the
appraisal came in lower but Dad would get about the same amount of
money.

The mandatory counseling required for reverse mortgages is a joke! There
is no counseling on the things that should matter - what is the financial
situation, health, long term need, legal and tax consequences of a reverse
mortgage on these critical end of life issues?

On May 12,2005 hundreds of pages of the reverse mortgage contract were
presented to my parent's for signature. This was the first and only time my
parents would see the contract with the correct figures based on the formal
appraisal. ONLY 12 pages of the signed contract were left with my parents,
none of which contained any of the critical terms of the contract such as the
lien amount, right of rescission, HUD closing statement, deed of trust,
closing costs, etc.

The Reverse Mortgage my parents received was:

One time lump sum payment $ 81,000

For this the lenders:

Paid off existing mortgage $121,000
Charged Fees and costs* $ 25,000
Property LIEN $470,000

Financial Freedom and Pacific Reverse Mortgage prey on vulnerable
seniors by never doing the "right thing" to make sure the consequences of
their loans will do no harm. They did nothing but gain my parents trust, and
steal their home.

HOW THE REVERSE MORTGAGE AFFECTED OUR FAMILY
:
One month after signing the reverse mortgage contract Dad passed away.
It breaks my heart that Dad's dying wish to care for mom for the rest of her
life, was stolen from him. If the terms were explained simply and honestly
that for a one time payment of $81,000 (15% *of their property value) they
would pay $25,000* in fees and costs in exchange for their home, dad
would never have agreed. Let's be real - who in their right mind would
agree to these terms?

The reverse mortgage lien prevented us from accessing the more than
$400,000 equity in our home. Since Dad passed away I am a full time
caregiver to mom and have paid for her care and living expenses for the last
five years with her savings, portfolio and social security. Today, we have no
funds remaining and are in the negative every month.

This didn't just happen to my parents. There are thousands of other families
with similar devastating reverse mortgage stories. It is happening everyday
to someone's parents, relatives or friends.

See the news and other stories page for more

Ref=>>http://elderfinancialterrorism.com/ourstory.html

Veterans Beware, "They Got Your Number!"

Michael Finney

An often overlooked veterans' benefit has now come into the spotlight. The problem is some vets think they have to pay to get the benefit. The program is sometimes called the VA's best kept secret and for some low income veterans it can be a lifesaver.

Veterans and their spouses can qualify for help through a program called Veterans' Aid and Attendance. It is there for those who need assistance with self care and have a low income. It helped Archie and Doris Uchida when they need it most. Their daughter, Debbie Uchida, also spoke to us about this.

"It is a big chunk of money to offset the cost of an assisted living facility," said Debbie.

Willard Smith, 93, heard about the program and was referred to Charles Enea.

"He didn't mention money for the first half of this month-long deal," said Smith.

Smith said Enea worked on securing the veteran's benefit, even bringing in an attorney to set up an irrevocable trust. Smith and his wife received the benefit.

"When I asked him how he got reimbursed he said he was certified for '250' an hour. I thought gee, $2.50 an hour, that's a pretty low fee for $2-and-a-half an hour, that is nothing," said Smith.

Smith said he thought Enea was a volunteer for a seniors group -- then Smith got the bill.

"It was for just over $10,000," said Smith.

Apparently that $2.50 was $250 an hour.

"This is financial elder abuse, what has happened to the Millers," said attorney Kathryn Stebner. "When you take money from an elder with the intent to defraud them, in California, that is elder abuse."

Attorneys Stebner and Sarah Colby represent the Smith's in a suit against Charles Enea, his brother John Enea, and attorney Quinton Miller. Stebner said this is Charles' business. So, I went to the company's office, but he wasn't in.

There is also a website run by Veterans' Benefit Group, Inc. It says it helps veterans with aid and attendance. It also says it is a charity. 7 On Your Side cross referenced that site with the Secretary of State database and it shows John is the agent for the Veterans' Benefit Group. I went to the charity's listed address, but was told John wasn't in the office.

Charles called 7 On Your Side to say he and his brother's attorneys do have the papers, but there would be no comment pending litigation.

Although we left messages, we never made contact with Quinton Miller.

I asked Stebner, "The guy got them a benefit, where is the issue?" and she responded, "By law Mr. Enea shouldn't have charged. This is the law."

I checked with the Contra Costa County Veterans Service Office and was told they file this type of paperwork for free.

"There should be no fee for assisting veterans. What people do, though, is sell certain products to veterans and have them move assets around and make money off of that. But there is really no reason to do that because County Veterans Services and national service organizations provide the same service at no cost to veterans and family members," said Michael Hoffschneider from the Veterans Service Office.

California attorney Prescott Cole is with California Advocates for Nursing Home Reform. Here is his advice for all seniors: "If you are going to talk about money with a complete stranger, chances are you won't do very good. At least talk with all the people that you know. "

We are told the attorney who set up the trust has been certified to do this type of veterans' work. Still, the Smiths' attorney says that legal maneuver has cost their clients money and grief.

Although aid and attendance payments can be as high as a couple thousand dollars a month for a couple, it is paid on a sliding scale, so it is possible to qualify and only receive a few dollars a month.

Source=>>News7

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