Reports of elder abuse result in Restraining Orders...But Not How You´d Think...

Illustration by Dees

by Janet Phelan as originally reported on Salem News

In an unparalleled action in an ex parte hearing on April 1, Los Angeles Superior Court Judge Reva Goetz issued a Restraining Order against a local physician, Dr. Laura Moire, blocking her from taking further action or making more reports in regards to conservatee Jean Tanaka.

Dr. Moire, who is considered an expert in elder abuse, is a founder of the Geriatric Division of the American College of Emergency Medicine, a founding member of the American College of Forensic Medicine as well as a member of the White House Conference on Aging, among numerous other honors and affiliations. Dr. Moire took a sole action of calling both Adult Protective Services and the police on the evening of March 30, 2011, in an attempt to alert these agencies as to her concerns of abuse being inflicted upon Mrs. Tanaka through the auspices of conservator Linda Cotterman.

In an interview last week Dr. Moire stated that she had testified during the conservatorship trial of Tanaka on March 3 and was concerned to learn that no action had been taken to address her concerns as to Mrs. Tanaka's care.

Moire's testimony dealt with a number of specific areas wherein she stated that Tanaka's health was impacted by the type of care being delivered by Cotterman. These included concerns that Mrs. Tanaka was forcibly removed from her spacious Westwood home and subsequently confined in a small basement apartment, as well as 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. This discontinuance has been followed by 5 back -to- back urinary infections,4 collapses and several hospitalizations where she was transported unconscious by ambulances none of which were brought to the attention of a cardiologist. She has reportedly suffered weight loss, lack of basic dental care, isolation and restrictive monitoring of highly limited visits with her daughter, Jeannie.

Of specific concern to Dr. Moire was the 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 her now painfully swollen hands, extreme fatigue, and what has been reported as sudden inability to stand up on her own and walk, brainfog and erratic blood pressure.

The Salem News has obtained a copy of the ex parte notice, written by attorney Margaret Lodise, in which she advises that “we will be making an ex parte application tomorrow morning at 8:30 a.m. In Room 258 (Dept. 9) seeking an order restraining either Jeannie or Dr. Moire or either of their agents from making any calls to the police, the paramedics or any similar agency reporting elder abuse regarding Mrs. Tanaka until further order of the court.” Lodise's office has declined to comment on this matter .

At the April 1st hearing, Judge Goetz chose to also restrain Jeannie from any further contact with her mother. According to witnesses, Jeannie showed up at her mother's dwelling that evening after Dr. Moire had made the phone calls to APS and police and was not involved in Dr. Moire's actions. Goetz subsequently reversed this decision on April 13th, allowing Jeannie a total of three hours per week of paid monitored visitation with her mother.

Dr. Moire states she was not served with a notice of hearing and calls the efforts to restrain her “ludicrous and illegal.” She has previously typified the efforts to separate mother and daughter as follows: “The isolation from daughter Jeanie is sorrowfully self expressed by Mrs. Tanaka and deprivation from the company of her daughter Jeanie is cruel and abusive to them both.” Jeannie Tanaka has been ordered to pay hundreds of dolllars per visit to a monitoring company.

The use of Restraining Orders to restrict family members from their ability to oversee the care of conservatees has become epidemic. In a case involving conservatorships and the rich and famous, Goetz also approved a temporary restraining order against singer Courtney Love that bars her from seeing or contacting her daughter, Frances Bean Cobain. Love had protested that her daughter, who is under a guardianship, had been molested by Jamie Spears, who is the father (and conservator) of another famous conservatee, singer Britney Spears. In a less publicized case, retired peace officer Willliam Horspool was restrained from his father, conservatee Raymond Horspool, after taking photographs which allegedly demonstrated the poor care being received by his father. San Bernardino Court Judge Michael Welch said he “didn't believe” the photos, which apparently showed the elder Horspool lying in soiled bedclothes, and ordered the photos destroyed. William Horspool was subsequently restrained from his father without a hearing, a violation of the due process clause of the U.S. Constitution.

The use of a restraining order to block a physician, who is a mandated reporter of elder abuse, from reporting elder abuse may be groundbreaking. According to Jeannie Tanaka's attorney Robert Canny, the decision by Judge Goetz effectively overturns the First Amendment to the US Constitution and Article 1, Section 2 of the California Constitution.

Last June, conservator Linda Cotterman called the police and told them that Jeannie had violated a Restraining Order by visiting her mother. Jeannie Tanaka, who is an attorney with the State of California, was hauled away in handcuffs in full view of her mother. She was released from custody prior to booking when the police discovered there was no Restraining Order in place. Jeannie Tanaka has filed a complaint with the Los Angeles police, stating that Cotterman knowingly made a false police report. The State of California deems false police reports to be a misdemeanour punishable by jail. At the time of going to press, Cotterman has not been taken into custody.

Both Mrs. and Jeannie Tanaka, who are Japanese American, are survivors of the World War II detention camps. President Roosevelt had ordered all Japanese Americans to be rounded up and herded into detention facilities, as potential enemies of the State.

Judge David J. Audlin Rules for the People

It is refreshing to see that some Judges have not forgotten that they are there for the people and not the other way around. In a surprise ruling Judge David J. Audlin made a ruling that has the "Control Group" fuming when he favored the constitutional right of the people to "Life, liberty and the pursuit of happiness." this is the same group that is always complaining about how there is no affordable housing in Key West yet just thinking about renting the un used part of your home can get you a court date.

This is the story of a Judge that is not afraid to rule on the side of the people "We need more like him."

See story below....

Key West,Florida USA as published in the Key West Citizen

Monroe County must appeal an October circuit court decision in a case involving an illegal downstairs enclosure, or else it will be hobbled in its ability to enforce all code violations, according to the assistant county attorney.

Bob Shillinger on Wednesday is expected to ask the County Commission to appeal Judge David Audlin's decision, which overturned Code Enforcement action against Big Pine Key horneowner Sandra Carter. The county previously had found Carter in violation of a county law that prohibits living space below flood elevation in homes built in flood zones.

County law has prohibited habitable construction below flood elevation since 1975, but it stepped up enforcement of the ban in 2002 after the Federal Emergency Management Agency (FEMA) threatened to expel the county from the National Flood Insurance Program. The ban does not apply to unfinished storage space.

County officials fear Audlin's ruling, which requires that Code Enforcement officials specify when a code 'violationoccurred, will impair the ability to enforce all building codes.

"[Enforcement becomes] an impossible task in light of the fact that virtually all violations are not committed in the presence of a code inspector," Shillinger said.

"The court's ruling imposes an impossible burden on Code Enforcement. If the circuit court's decision is permitted to stand, it could severely limit the county's ability to use the current Code Enforcement system to resolve violations of the county code."

Under long-standing case law, administrative proceedings — such as Code Enforcement special magistrate hearings — are not as formal nor require the same level of procedural due process as civil or criminal proceedings, Shillinger added.

County Commissioner-elect Heather Carruthers agrees with Schillinger's assessment.

"You have to appeal it or basically there is no way to enforce the code," she said. "The ruling is dangerous from a public policy perspective. That is why the county has to appeal. ... I feel sympathy for people who went to The county and got permission to build [enclosures]. The people who knew the rules and violated them, that is a different story. I hope there is a way to help people keep permitted downstairs enclosures."

Carter's attorney, Lee Rohe, contends the ruling only "takes the burden off the owner and puts burden on the county." The case should have been dropped because it was so old, he said. In that case, witnesses to the violation moved away or died of old age, he said.

"Some of the homeowners are third, fourth or fifth owners of the home after the construction took place," Rohe said. "The present owner has no idea when the violation tookplace. He is forced to reconstruct what happened."

Commissioner George Neugent on Monday said he is trying to arrange a meeting with FEMA officials to discuss modifying the county's inspection program.

He said he would request that the county be required to inspect homes for illegal downstairs construction only when the home is sold or when the owner is renewing a flood insurance policy. Currently, the county may inspect the home for illegal downstairs enclosures whenever a propertyowner applies for a construction permit.

"In no way do 1 want to jeopardize the existing flood insurance program," Neugent said. "I know it's a sensitive issue."

The National Flood Insurance Program offers government-subsidized flood insurance to owners of properties in flood-prone areas, where private sector insurance is prohibitively expensive.

In December, a resolution addressing the issue of downstairs enclosures is expected to go before the County Commission. Citizens not Serfs, a citizens group seeking to change the FEMA-mandated regulations and the county inspection program, has been working with Neugent on the resolution, Citizens not Serfs Executive Director Shenna Collura said. Details of the resolution are still being decided, Collum said.

County Commissioner Mario Di Gennaro also has been supportive of the group and its members.The commission will meet Wednesday at the Key Largo Library. tohara@keysnews.com

Related:Key West Judge David J. Audlin Favors People Over Attorneys.-Restores Clara's Civil Rights!

Ten Reasons People Get Railroaded into Guardianship

MARGARET K. DORE, Attorney at Law Ten Reasons People Get Railroaded into Guardianship

Some professional guardians petition the court to have themselves appointed guardian of persons with whom they have no prior relationship. If appointed, the professional guardian becomes entitled to an income stream, i.e., fees from the person's assets. This practice was been termed "trolling for clients.",, The LA Times describes one version, as follows:
Conservators [guardians] find clients by sponsoring breakfasts at senior centers and networking at legal luncheons.... Once conservators [guardians] identify a prospect, they can go to court and initiate a case without the client's approval

With the professional guardian's lack of a prior relationship with the proposed ward, the professional guardian may not realize all the facts: for example, that the proposed ward was only temporarily incapacitated and is actually competent; or that the proposed ward has a valid power of attorney and his attorney-in-fact merely needs to be called. The professional guardian is then faced with a conflict of interest. He can admit that he was wrong and dismiss the guardianship, which may cause him to bear his own fees, or he can move forward for his own appointment. With the latter scenario, he may be appointed guardian even though the guardianship will be unnecessary.

Caselaw provides that the constitutionally required burden of proof for a guardianship is "clear and convincing evidence however for this task, hearsay and innuendo are often sufficient, for example, that the proposed ward is a spendthrift or the siblings of the affected person do not see eye to eye on certain issues such as how to care for the ward.

If the visitor's recommendation to impose the guardianship is accepted by the court, the guardianship will be imposed. This is a typical result. The supporting evidence will not be clear and convincing, but hearsay and innuendo.

The guardian ad litem is, regardless, more likely to be paid if the guardianship is imposed. This is because with the appointment of a guardian, there is an official person (the guardian) who will be ordered to pay the guardian ad litem's fee from the ward's assets. If, by contrast, the guardianship is not imposed, there will be no official person to pay the fee.

State statutes in Florida are clear : that guardianship is to be used only as a last resort; and that the burden of proof is clear and convincing evidence that the proposed ward is incompetent to handle his/her affairs. (and that there IS NO alternative to a guardianship in that the 'Ward' has not made it clear through pre planning documents whom him/her wants to handle his/her affairs in case of incapacitation.)

"More broadly, there are numerous conflicts of interest that allow competent individuals to find themselves forced into guardianship. The next time, it could be you." Margaret K.Dore,Esq.

Excerpts taken from American Journal of Family Law
MARGARET K. DORE Attorney at Law, excellent work on
Reasons People Get Railroaded into Guardianship

The Price of Abusing an Elder; "Not even some Lawyers are immune!"

F.B.I. Law Enforcement Bulletin - "Protecting the Elderly from Financial Abuse."

The FBI Law Enforcement Bulletin -
"©2007 CNET Networks, Inc. All rights reserved. Used by permission."

Over the years, a shift in law enforcement priorities, as well as an increase in general awareness, has made most officers familiar with the concepts of spousal abuse and child abuse. Still, the term elder abuse raises questions among even the most seasoned law enforcement officers. From physical, emotional, or sexual abuse to financial exploitation, approximately 818,000 elderly individuals are victimized annually.

Furthermore, experts estimate that only 1 in 10 cases of elder abuse gets reported.(1) Many elderly citizens must contend with a variety of health problems that limit their physical or mental functioning. Some become bedridden and cut off from normal contact with the rest of the world. At the same time, mental limitations leave many older citizens highly vulnerable to various forms of abuse.

Please go to http://www.fbi.gov/publications/leb/1997/decleb.pdf

Abuse of Our Elders - "Time to Stop The Shame!"

by Ray Fernandez

Many people are horrified by stories of elder and elder financial abuse all over this country and write then off to sibling rivalry or happenstance.

However we at E.A. will tell the truth "Elder abuse is such an ugly crime". Its victims are left to suffer in silence and loneliness, often at the hands of the very people charged with their care." This quote was taken from Napa Register article by Paul Seave entitled; "Facing the facts on elder abuse."

We will continue to tell you about this non regulated, wide open field, where there is no Federal or State Legislation requiring fingerprinting for non-certified caregivers who are going into the homes of our elderly.

When we hear that County District Attorney Gary Lieberstein stated that he had heard stories from the State Parole System that parole officers are telling convicts that home care giving is a promising field for gainful employment. Parolees are able to get the work without a lot of background checking we are going to tell you.

Opportunist thrive and the people that profit on the misery of others make millions, often with the help of the very same people that we thought could be trusted, while cold and ruthless predators "Line Our Elders Up, One by One, Until Our Savings Are Completely Gone."

What a shame.

In this Murky, Topsy, Tervy world of Elder Abuse, nothing is as it seems, not even medical records are to be trusted in this deceitful field that takes in the millions in revenue.

Two Elder Abuse lawsuits filed on January 16, 2008 claim 82-year-old Sylvia Saucedo (Case No. 1265784) and 66-year-old Judith Fortmeier (Case No. 1265782) bear this horrible reality.

Each were each found with serious and unexplained injuries. One suit alleges Ms. Saucedo was found by Mission Terrace staff with terrible bruises covering the left side of her face. Mission Terrace kept Ms. Saucedo for 2 days following the fall despite a deterioration of her condition, and only transferred her to the hospital for evaluation at the family's insistence, the lawsuit says.

Ms. Fortmeier, a resident of the assisted living facility, Cliff View Terrace, suffered 6 fractured ribs, a traumatic injury which her medical records describe as "akin to a motor vehicle accident." According to the lawsuit, her medical records also reveal that she told the doctors and nurses treating her that she was pushed. Three days after the incident, paramedics were summoned and they found her weak, struggling to breathe, and dehydrated. Ms. Fortmeier later died as a result of complications from this injury, the lawsuit says.

When we read more in depth we realize the allegations that multiple versions of the resident charts exist. According to the lawsuits, the families were given one set of records and their lawyer, Jody Moore, an Elder Abuse Attorney, was given another.

"It is highly suspicious to have 2 versions of the record," Moore said. "Medical records are supposed to be timely written and accurately record a person's symptoms and condition, as well as the treatment being given. When entries are made in a record days or weeks after the fact, and made to look like they were written contemporaneously, you have to wonder what's really going on."

Keeping two sets of medical records for elder patients would normally surprise me, but having seen enough fraud, deceit, corruption, neglect, exploitation, and betrayal in the case of my own parents to keep me writing for years, this does not surprise me in the least bit.

Deception is Commonplace in dealing with Elders..

On August 5Th. 2005, the Sheriff Department extracted Clara from where alleged abductors were holding her.

On August 23rd. 2005, she recovered enough to talk.

On August 23, 2005 Clara's outraged family and friends gathered in her home to file a sheriff report and ask for protection.

The police report states:

"THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF 'THIS INTERVIEW. MRS. CLARA FERNANDEZ, APPEARED TO BE HAPPY BEING IN HER HOUSE AT I5 WEST CYPRESS, IDENTIFYING THAT SHE AND HER HUSBAND BUILT THIS HOUSE, AND THAT IT HAS MANY MEMORIES.

Yet when the Court was told that "Clara Does Not Own any property in Key West",..... We were all left with our mouths hanging open!



The end result is that the Judge transferred Clara's case far away from her home and her husband, making for untold, expense and travel.

Such unbelievable suffering of her husband who at 87 years old now had to travel back and forth if he wanted to attend court proceedings at a place far away from their home.

--------------------------------------------- -----------------------------------
*Clara holds a life estate in the property, which is inextinguishable.

Attempts to Hold Editor of E.A. for Contempt Charges On Friday, October 26th, 2007 in Honorable Judge David J. Audlin Jr. Unfounded!

The hearing will be held on Friday ,October 26, 2007 at The Honorable Circuit Judge David J. Audlin Jr. Court on 502 Whitehead Street 33040 on the 4th Floor at 9:30 AM .

Clara G. Fernandez has waited a VERY long time to get "her day in court", this is not about us, or about a family feud, this is all about Clara, and Clara's family, which believes Clara was held against her will, abused, and that her money and personal items was unapproprietly taken from her while she was sick, frail and under undo stress.

To take the attention away from such pressing issues by confusing the issues with conclusory statements that are "long on opinion and short on substance", is wrong!

Clara does not do well in nursing homes, not many elders do, (Last time Clara was separated from us, her family members, she was put in 5 nursing homes), according to Medicare records. While Clara was in the Key West Convelesent Center in Key West, she only ate with much cuing and was on 5x day insuling shots.

Since being home, Clara is bright, articulate, and she is now off the insulin shots due to proper dietary practices administered by her care-givers/her family. Clara keeps a very busy daily regiment as she prefers, and is always accompanied by family members and close friends that she is very deeply attached to.

In the beginning when Clara was returned to her family home and family members, we took her for an examination by her Doctors, they in turn diagnosed Clara as having P.S.S. (Post Stress Syndrome.)

Now the whole family is stressed out because of the situation created by the uncertainty created by Clara's guardianship which is the most restrictive means of governing an elder, even when allegations of "Elder Abuse" could never be substantiated agaisnt her present caregivers.

To download this file Emergency Motion to Appoint New Guardian and to Enforce Motion in . PDF format =>>

Copies of the Wards assets have been posted here on this blog-site prompting an investigation for 11 months now. Credible sources have tried to tell the authorities about Widows Quit Claim Deed Parties , disclosing all of Clara's assets, bonds, accounts, stock accounts, certificate of deposits, and real estate that was taken from her while she was drugged with the help of the little black bag.

Paragraph 7,

States that the "Wards" assets are at a substantial risk from myself, again, nothing to substatiate such a charge or statement, it is a shame that unproven and defamatory statements like this are allowed to take the attention from the real issues facing Clara's life today.

Clara's caregivers have been cleared numerous times by the DCF, cleared from the numerous complaints filed by the very same people who abused, robbed and incapacitated Clara, and in every incident the DCF found those complaints to be without base.

This is called a conclusory statement , again, these are statements that "long on conclusions and short on supporting evidence."

The guardian's attorney tells the court and the court then mirrors that misinformation as "factual evidence." - This is scary stuff indeed!

Paragraph 12,

States as fact, that I called or filed a complaint with the DCF and it was being submitted to the court as evidence. This in itself is a serious offense according to the Florida Bar Association.

"Whoever called in the DCF complaint did so after seeing that Clara was having to eat cheap TV dinners because her care-givers had not been given enough money by Clara's court appointed guardian to cover her groceries, and to add insult to injury, the guardian kept insisting that Clara's caregivers pay rent to stay in her home while taking care of Clara."

Elder care is more costly than child care and it also takes several abled bodied persons to physically lift and maneuver an elderly person once they are totally incapacitated.

Paragraph 16,

The attorney is now acting a psychiatrist and enters evidence to court that the 'Ward' is "scared by me," this is a very serious accusation and the Ward's family and friends would like to know what evidence the guardian's attorney has base this on?

Paragraph 21, Now the 'Ward' tells any ones who listens that she feels " Very Well" being with us. This is a factual statement backed by all DCF interviews, however, truth is falling by the wayside and Clara's real life issues are not being properly addressed.

Paragraph 23,

States, "I forced the guardian to consult with an attorney regarding a DCF a complaint against him that I did not file." - This type of craziness is what the 'Ward' Clara G. Fernandez is being charged up to $650.00 per hour for. An expense that no elder would tolerate nor approve of.

Paragraph 13, Is a serious misrepresentation! It is an established fact, that prior to the guardianship established on June 8Th, 2007, all of the Ward's bills were paid and kept up to date and this had been documented and presented to the court during the "Hearing to determine Continuing Need for a Guardian." -- Yes,.....Copies of all the paid bills were introduced as evidence to the court.

In an effort to discredit Clara's legally appointed caregivers, the guardian's attorney and the guardian both decided that the guardian should resign immediately from the case rather than discredit themselves.

In paragraph 8.-

"I now have imaginary step children that I did not know that had, and that I support these imaginary step children with the imaginary money that I supposedly maxed out of the Ward's credit line."

--"How crazy can this toxic spectacle become before the world?"

Doesn't it give you readers of E.A. a warm fuzzy feeling just knowing that when you get old and incapacitated this could very well happen to you?

And if you ever become a care giver for your family member, Remember, "Anyone can file an Elder Abuse complaint against you as a care giver,....even if it's unfounded!" -Considered yourself warned as well as educated on the existing situation with the system that was developed and set into place to protect and serve elders and their care givers.

Judge Payne Order Confirms Venue to Be Monroe County

Judge VonHof Orders Monroe County to Set Hearing to 'Determine Venue'

"On A String Being Pulled From One County to Another" Judge Von Hof 31 August 2005

15th Judicial Circuit Court Judge Gary L. VonHof August 31st 2005

Court Appoints Emergency Plenary Guardian

On July 20th, 2005 the court appointed a Emergency Plenary Guardian, Dr. Manuel Pena and asked that Clara's person and property be turned over to the court appointed guardian , yet the order is ignored. Could it be some people are beyond the law ? and if so Why ?

Emergency Temporary Guardianship Orders

Order Appointing Plenary Guardian of Person and Property, Angela McClain

Order Transferring Case to West Palm Beach