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To the Editor:

Concerning the article “Mickey Rooney testifies about abuse” on March 2:
Mickey Rooney had the courage to go before Congress to speak about abuse of senior citizens.

We seniors are abused by our states for their failure to give property tax rebates due to homeowners and apartment renters.

We are abused by the Social Security Administration because we did not get a benefit increase for two years. Social Security funds should have been left alone by our government, instead of using our money to pay off their bills — which they created, not us.

We also are being abused by our own families who don’t realize we exist. They don’t visit or call. Yet, when their generation was growing up, we dedicated our lives to spend time with them and their sports.

I am 78, not allowed to drive, and embarrassed to ask them to take me anywhere, even to the doctor’s office. My friends are even tired of taking me.

To use a taxicab when you have to go somewhere is too expensive.

All of you younger people, give us a break. Someday, you will be in our shoes and that’s when you will learn what Mickey Rooney and I are talking about.


Betty Conville
Washington Township

---------------------------------
Dear Betty:
When my mother Clara Fernandez was in a nursing home we were there quite often, usually around feeding time, we would make sure she would eat, and the lady that occupied the place next to Clara would often talk about her daughter and how she would come one day to visit.. On this particular Sunday lunch had just been served and the lady's daughter showed up to visit with her husband, you should have seen the older lady's eyes light up when she saw her daughter.

Her daughter upon seeing that she was having lunch, she said, "Oh we see that you are busy having lunch, we will come back some other time." and turned around and left....
I avoided looking at the older lady's face because my own heart was aching.

Letters From Readers - Legislators Don't Seem to Care About Out Elderly

Good morning:

Those of you who normally received notes from me know that my mother was a victim of guardian abuse and elder abuse. For those of you who don't know, I grew up on 156th Avenue SE, Renton. I believe this is in the 41st district.

On January 25 and 27, I visited Olympia to talk to my legislators about proposing legislation that would prevent guardian abuse and help prevent MRSA infections/viral infections in long-term care facilities -- like nursing homes. Mom lived in a nursing home the last 15 months of her life -- and died of a MRSA infection in 2007. There are currently no state laws that prevent MRSA infections in nursing homes.

Below is a note I sent to other groups about how my legislators don't seem to care about guardian abuse or MRSA infections in long-term care facilities. I am planning on driving to Oympia on Thursday to possibly testify before a senate committee about guardian abuse. So far, no bill has been filed by anyone regarding long-term care facilities.

I need your help. Please help spread the word that, at least, the legislators from the 41st district don't seem to care about out elderly. Just think, in a few short years, you could find yourself a guardian who breaks state law and forces you -- against your wishes -- into a care facility against your wishes. How do you protect yourself? There is a state guardian board -- but they don't care about guardians breaking state laws. Right now, our AG's office gets calls day after day about seniors being abused by their guardians. So far, I haven't seen any legislation from the AG's office that will protect our seniors.

If you are concerned, contact our state legislators and ask them to support bring a Court pilot program being currently being looked at in Spokane County to the west side of the state. Also let Sen. Litzow know that you care about how the elderly are treated in nursing homes.

On February 24 there will be a lobby day in Olympia to meet and greet our legislators and ask them to support bills that are of interest to seniors. Let me know if you are interested in attending as I will be driving down and we can do it together.

Please do what you can do to prevent guardian abuse and infectious diseases in long-term care facilities.

Have a good day. Feel free to pass this onto others.

Claudia Donnelly
nev123ada@yahoo.com

Comments From Readers "It feels like an endless battle."

"Likely nothing without people like us kicking and screaming all the way.
Sara lives a few hours from me and we have become dear friends thru this all. She has made a lot of noise. She is one tough chick and Chemung Counties worse publicity campaign.My case was recently dismissed in PA with the court telling me to take my fight to Florida. It feels like an endless battle.

Thank you for all you continue to do for the cause."

xxxxxxxxxxx
Named blanked for privacy and to protect sender from further retribution

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

Hi Holly, when you are told to take your complaint to Florida, and in turn Florida will tell you to take it to re-open the case in Chermoung Co.

Some of us that have been through the mill are very familiar with these shenigans, when my mother Clara Fernandez was kidnapped in Monroe County Florida we were told that the case had to be reported in the locality she was found, after a grueling 10 hours drive through hurricane weather with my 88 years old father in tow because he could not understand why his wife of 56 years was taken , we were sent back home after sleeping in the car, (there were no hotel rooms,due to 4 hurricanes through Fl in the summer of 2005) after 20 hours in the car with a 88 year old grieving husband, (worried about his wife) the Sheriff's Dept told us it was a family matter ( a sibling that was left out of the will due to emotional instability kidnapped Clara Fernandez and drugged her, (Ample Evidence,available) then he re did the Will,POA's and transferred all liquid assets to him and his (alternate lifestyle) partner William B. Hart of Winter Park ,Florida.

To make a very long story shorter, the Sheriff said they could not help us and sent us to the State Attorneys' office, they in turn call it a civil matter and passed us on like a hot potato to the DCF, who initiated 7 back to back investigations, without ever doing anything other than hinder,obstruct and obscure the legal efforts underway to save my mother. *

The case was moved from Clara's place of residence, since the elder sibling had Clara execute a Quit Claim Deed the attorney for the counterpart could now claim that Clara did not owe any property in the county she resided and the venue was moved, time and time again at a very juicy profit for the courts and all the officers at the attorneys's feeding trough until a three million dollar equity ,result of multigenerational effort of sweat and tears was wiped out including the hopes of putting our children, (their grandchildren though college) went up with frivolous and padded multi layers legal bills by an army of attorneys all appointed by different parties, but paid for from the estate.

Clara went through 4 (four) different judges and again to condense in an effort to throw us off, Clara was dragged through four different counties leading one judge
to quote his own words, Clara being "On a string pulled from one county to another" Judge Von Hoff August 31, 2005

http://elder-abuse-cyberray.blogspot.com/2006/12/on-string-being-pulled-rom-one-county.html (click on document to view)

Holly after having being ridiculed, reputation and business ruined by unproven allegations and DCF complaints being used against us for the sole reason of Harassing, embarrassing, or harming another the victims, for personal financial gain for the reporting person for the reason of acquiring custody of a vulnerable adult and to gain personal benefit for the reporting person in the dispute involving a vulnerable adult.

Holly please realize that the worst stories, stories like that of Dr. A.J. Fernandez were not included the GAO report because families like mine do not wish to re live those moments that killed my father because of the stress of the situation and nearly destroyed the rest of us.

So we are quite familiar with the shenigans of the probate court to change the jurisdiction in order to keep victims off balance and un able to foot the legal bills for multiple jurisdictions, but because we are not children and do not lend ourselves to being called a 'Ping Pong Balls" ,our assets ransacked, being ridiculed in back room deals between attorneys and judges, we have decided to leave the country instead and opt out of the US legal system ....

"When appeasement of a corrupt court system in order to gain security and freedom, you lose both"

Ray Fernandez
Editor

*For the sake of being fair there were many hard working DCF workers who were fair and wanted to do a good job and protect the elderly but their hands were tied, like the time when a psychologist that interviewed Clara Fernandez thought that she was being financially abused by the Guardian attorney and filed a complaint with the DCF , upon being investigated he made it clear to the DCF investigator that if she persisted in her investigation of him (the attorney/guardian) she would not fare well.

Mentor Man Fighting For Elder Rights

By Tracey Read News-Herald.com

Tom Fields' father lay dying in a hospital bed in Florida on a morphine drip for cancer.

Fields, a Mentor resident, believes that during his final hours his father was the victim of financial elder abuse by people close to him.

He said his father's wishes about his property were altered as a new will was written.

"People took advantage of my father and got him to sign a document," Fields said.

"There was no protection against this. A protocol could have stopped that."

Fields is now an independent advocate fighting to get laws passed to protect families in similar situations.

"Nothing here in Ohio holds abusers accountable," he said. "My main focus is to keep people out of the court system, which is basically taking advantage of people who are victims."

Fields' first step was writing the Ohio Department of Aging to ask it to create task forces looking at elder abuse issues and how to prevent them.

He also proposed a step-by-step list of protocols for hospitals to follow to prevent financial abuse:

* The first step would be to create a checklist of conditions in which patients are most likely to be taken advantage of — those on morphine drips, in a coma, Alzheimer's patients.

* Before an attorney could have the patient sign anything, an independent, trained examiner would first examine the patient to determine whether they are competent to make important legal decisions.

* The independent examiner would go to the patient's room to ask open-ended questions to collect evidence.

"An example would be asking the patient, ‘Do you have any legal or financial business you would like to conduct?' " Fields said. "Sometimes, the patient is misled. They're told (a will) is a birthday card and they sign it."

* Compare the documents to make sure they say what the patient wants them to say.

"Don't wait until the person is dead to make sure their wishes are carried out," Fields added.

Fields, who has testified before the Ohio Elder Abuse Commission and spoken out against a state Senate bill before a House committee, is also hoping lawmakers allow people the right to include statements in their wills saying any changes to their wills can be voided if they are later proved incompetent.

"I want to give the person the ability to control his or her own affairs," he said.

Ohio Long-Term Care Ombudsman Beverley Laubert said Fields' efforts aren't going unnoticed.

State ombudsmen, who field complaints about long-term care services and voice clients' needs and concerns to nursing homes, are working on several possible solutions to elder abuse issues involving finances.

"We hope to give probate judges the authority to freeze assets when it looks like financial exploitation is taking place," Laubert said.

"We'd also like to add employers of banks and financial planners to the list of mandatory reporters of those who suspect exploitation.

"We just need to find a sponsor with the new General Assembly. I'm hoping we're going to make progress. Tom is a very strong advocate.

"I'm not sure everything we have will address his concerns, but it's a step in the right direction."

I invite anyone who wants to discuss with me this report to contact me, Tom Fields, by calling me at 440/255-7693 or e-mailing me at tvfields@oh.rr.com. I am especially interested in providing others more information about needed safeguards, expecially the 5-step interview protocol which I have described for the Elder Abuse Commission.


Additional Comments by Mr. Tom Field:

Meanwhile, I'd like to address the comment submitted on Jan 6, 2011 which asks if I have proof of what I allege. Not only do I have that proof, but for many years now I have exhibited that proof online so as to share it with others.

This proof consists of the transcripts of the sworn testimony of those involved in the case, including the defendant, doctors, and lawyers. See, for example, the testimony of the doctor who started my father on the morphine drip which begins at http://home.roadrunner.com/~tvfields/SteinmetzDepo/Frameset001.htm and is summarized at: http://home.roadrunner.com/~tvfields/SteinmetzDepo/Frameset000.htm.

Additional evidence is linked at: http://home.roadrunner.com/~tvfields/ILF_Links/Frameset001.htm.

Finally, as for that reader’s suggestion that I "retain a lawyer in or an investigator in Florida to look into it", I hope it is clear that this evidence was collected by Florida attorneys whom I retained to represent the estate. I also hope that reader and others might be interested in the following private opinion of Florida police detective Joe Roubicek "“The obvious contradictions abound and one would wonder what the judge was thinking. As for the lawmakers and what they can do about it … You've suggested putting specific safeguards in place … it seems to me that in your case there is no way that your father should have been recognized as having capacity while in his deathbed. There should have been laws in place to prevent that and prevent any judge from doing what this one did”. Detective Roubicek works in the county next to where my father died and is the author of the book "Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes". As he describes in Chapter 6 of his book, he helped bring about the current criminal code (FSA 825.103) which defines exploitation and makes it a crime.

State of California and Failure to Protect? Funding Shortage Inhibiting PFB’s Effectiveness

Janet Phelan
November 19, 2010
San Bernardino County Sentinel

When Janis Schock learned that her complaint of conservator wrongdoing, submitted to the California Professional Fiduciaries Bureau, had been closed without an investigation taking place, she was dumbfounded. The communication from Angela Bigelow, analyst and sole full-time employee of the Professional Fiduciary Bureau (PFB), stated that the court must first make a determination of wrongdoing before the PFB could take action. Janis Schock wasn’t so sure this was true.

As it turns out, Schock was correct.

The Professional Fiduciaries Bureau is a relatively new addition to consumer oversight agencies and is lodged in the Department of Consumer Affairs. The PFB was established by an act of law in 2006, following public outcry engendered by a 2005 Los Angeles Times series which revealed questionable practices by California conservators, who were at that time unlicensed. The bureau, as written into law, is mandated to license professional fiduciaries, to investigate complaints and, where appropriate, to refer complaints to law enforcement. The bureau is also empowered to revoke a license based on complaints and to take action on unlicensed activity. The Professional Fiduciaries Act defines a professional fiduciary in this manner:

“Professional fiduciary”means a person who acts as a conservator of the person, the estate, or person and estate, or guardian of the estate, or person and estate, for two or more individuals at the same time who are not related to the professional fiduciary or to each other.

Conservators are generally appointed through court proceedings when there are allegations that a person is lacking capacity; in other words, becoming forgetful or otherwise unable to handle his or her affairs. These allegations need meet no standard of proof, which provides an opening for abuse of process. The Government Accountability Office recently released a report citing multiple instances where a conservator had abused his powers to the detriment of the conservatee. Several grassroots groups have sprung up to address the issue of abusive conservatorships, which are reported to be taking place countrywide.

The Bureau did not open its doors for business until the Summer of 2008. Governor Schwarzenneger, who had signed the bill establishing the PFB in 2006, subsequently line- item vetoed the funding for the infant agency two years running. In an interview with this reporter in 2008 for an article published in The American´s Bulletin, Assemblyman Dave Jones, who was a primary author of the bill, voiced his surprise that the Governor acted to gut these bills without any such recommendation from his own party. “What is particularly troubling is that this is a cut that was not on the Senate Republican cut list. The Governor went out of his way to make that cut.”

After two years in operation, the bureau appears to have fallen short of its mandate and is providing less than comprehensive oversight of the fiduciaries it is mandated to watchdog.

Janis Schock had complained that a San Bernardino conservator, Ron Olund, had breached his fiduciary duties to Maxine Douglas, who is Schock’s mother, allowing numerous bills to go unpaid and utilities to be shut off. She reported that Douglas’s home nearly went into foreclosure as Olund neglected to pay the home association fees for several months. She also alleged that Olund had deliberately isolated her mother from family and friends.

The Douglas conservatorship is being heard in San Bernardino Probate Judge Michael Welch’s court. A recent Sentinel article raised concerns that Welch may have perjured himself in another conservatorship proceeding. Other questions have arisen as to Welch’s property dealings and Welch has refused to respond to queries as to whether he or other, undisclosed parties are paying back his multiple home loans.

The closing of Schock’s complaint by PFB analyst Bigelow was brought to the attention of the Department of Consumer Affairs. Consumer Affairs legal counsel Gary Duke expressed dismay at what Bigelow had done and quickly concluded that she had signed off on the complaint “in error.” The Schock complaint was subsequently reopened.

The complaint was then assigned to an investigator within the Department of Consumer Affairs. Janis Schock reports that investigator Jane Valdez subsequently told her that no action would be taken. According to Schock, Valdez did not deny the allegations contained within Schock’s documented complaint. Schock was told that her complaint would go to file, to be reviewed should other complaints come in on Olund which “show a trend of misconduct.”

Schock questions the thinking behind this. “If someone drives drunk and runs someone down, do they not get prosecuted until they do it a second or third time?” she asks.

The Sentinel has reviewed actions taken by the bureau as well as interviewed a number of complaints. A picture has emerged of an agency which is under-funded, under-staffed, and has consequently failed to perform the duties it is chartered to attend to. In the face of inquiries from the press and public, it has repeatedly attempted to obscure its activities and the outcome or premature closure of its investigations.

The PFB, which currently has one full time employee and one half time bureau chief, maintains a board of seven members. At the present time, two professional fiduciaries — Lisa Berg and Daniel Stubbs — sit on the board, as well as supervising probate investigator Sharon O’Neill and two public members. Two seats remain vacant, including a seat reserved for a representative from a nonprofit organization advocating on behalf of the elderly. A recent board meeting found the members focused on concerns about raising more revenue for the bureau, which has taken out two loans totaling over a million dollars in order to stay solvent. The bureau reported that $357,000 for the current year covered only two staff positions and that a mere $50,000 was allotted for enforcement. The minutes reflect concerns that “one big case would break the budget.”

In its first annual report, the PFB reports making no investigations and no referrals to law enforcement. Adding veils of obscurity to its functioning, the PFB refused to supply this information when the Sentinel inquired as to these statistics. Rather, legal counsel Gary Duke stated that this information was not discloseable, citing government code 6254 (f). When the Sentinel persisted, the PFB stopped responding to Public Records Act requests. The Public Records Act mandates a response within twenty days.

In fact, the information which Gary Duke refused to disclose is readily available to the public in the DCA’s annual report,which is on line.

Promises by the DCA to produce documents have also gone unfulfilled. Last summer, the Sentinel had requested input from the DCA as to the cost to the state of the bureau’s efforts with regard to Redlands-based conservator Melodie Scott, who has been the subject of numerous complaints from family members of individuals under her care. Scott’s professional fiduciary license was the first and only such to be denied by the head of the Department of Consumer Affairs after contested hearings last year in Oakland Administrative court. In a response in August of this year, DCA Press Officer Russ Heimerich promised to research the financial impact to the state and to respond with the requested details. At the time of going to press, he has not done so.

Joseph Quattrochi, Jr., met with a similar lack of accountability in his dealings with the Professional Fiducary Board. His complaint to the PFB alleged criminal misconduct by Melodie Scott and was submitted over a year ago. He states he has received no response whatsoever from the bureau. The Sentinel has reviewed a number of emails sent by Quattrochi to Gil DeLuna, head of the PFB, spanning several months, in which he repeatedly requested a response to his complaint and also expressed bewilderment as to why Melodie Scott was not in jail. Quattrochi, whose father had been under a conservatorship with Melodie Scott, has lodged a lawsuit in federal court against the former conservator.

Gina Rilke, whose husband was also under a conservatorship with Melodie Scott, has expressed frustration that her report to the Professional Fiduciary Board also went unanswered. When the Department of Consumer Affairs, via Gary Duke, declined to state whether or not the agency had contacted law enforcement when Melodie Scott persisted in advertising herself as a professional fiduciary after her license had been denied, Gina Rilke went to the Redlands Police to make the report. In a Catch-22 like maneuver, she was then informed by the responding officer, Eric Strobaugh, that only the DCA could make such a report.

The Professional Fiduciaries Act details that such advertising by an unlicensed party constitutes a misdemeanor.

Rilke reports that in a recent conversation with Duke he told her that her complaint to the bureau is moot at this time, given that Melodie Scott is unlicensed. Misstating the powers of the Professional Fiduciary Bureau, which include contacting law enforcement, Rilke writes that Duke told her that “denying/taking away a license is really all the power the Bureau has to discipline any violations.” Says Rilke: “I told him that I had tried for three hours to have a police report filed, but the officer insisted that it was the bureau’s responsibility to follow up on [such] violations—Mr. Duke said that he had heard from others that officers at the Redlands police department had told them the same thing. Duke said it really is the law enforcement agency’s responsibility to deal with it, but they don’t because they have other things that are more pressing from their point of view.”

Rilke also has alleged Scott stole more than sixty thousand dollars during her tenure as conservator of Rilke’s husband, who is disabled.

Gary Duke has informed the Sentinel that the Bureau made an “economic” decision and chose not to investigate the criminal allegations contained in the numerous reports the bureau received on Scott. “We thought we had enough on her in terms of lying on her application,” he stated in a recent interview. By declining to investigate criminal allegations, the bureau lessened the likelihood that she would be prosecuted in criminal court.

Scott’s license denial is under appeal and is scheduled to be heard in Sacramento Superior court in December. Sources close to Scott state that she remains confident that the judge will grant her a license.

Lauren Collins also reported Conservator Stevan Chandler to the Professional Fiduciary Bureau last June and received no response. In the intervening months, Chandler has informed the family that they have less than six months before they lose their home, due to a reverse mortgage placed on the home to pay for the conservatorship. Jeanette Spence, who has multiple sclerosis, has never had a capacity determination and the family has insisted that the conservatorship is completely unnecessary. While physically disabled due to her illness, Spence was alert and lucid during an interview with the Sentinel last year and clearly stated she wanted the conservatorship ended. “Chandler just wants my money,” she said.

Carolyn Perkins, whose parents were under a conservatorship with professional fiduciary Linda Banta has told the Sentinel that she was discouraged from filing a complaint by former Professional Fiduciary Bureau employee Janice Nance. Perkins alleges Nance told her it wouldn’t make any difference. Says Perkins, “Janice very definitively told me not to send a complaint to her but to complain to the judge. I was devastated at the time because I had carefully read the code of ethics and realized conservator Linda Banta had purposefully, deliberately and egregiously violated them, particularly with regard to emotional well-being and family connections.”

Echoing widespread concerns which resulted in the California Legislature passing the act which called the bureau into being, Perkins said, “Of course, I didn’t bother to write the judge because the judge has been complicit all along.”

Letters to Editor from Irene Masiello

Dear Ray,

I hope you are well. I'm so sorry to hear that this fight for the seniors of our country has left you drained. I completely understand as it's what compelled me to drop the issue.

Having taking over 10 years to research, write and publish my book, "Paradise Costs-A Victim's Daughter Fights Back Against Elder Abuse," I recognize that God has granted me the peace to accept that I cannot change anyone but myself. Having done that,I realized that continuing the battle is fruitless.

I've had people from all over the country mistake me for their therapist and take hours of my time for their catharsis. I have found that most people need a member of the clergy to talk with and I have experienced their demands for my time as burdensome.

Everyone thinks their situation is unique. It's not. Everyone thinks their need to vent is a priority in my life...it can't be. I have found people think that because my father was a victim, so am I. It's not so. I have found that people want me to listen but they don't want to buy my book.

Writing Paradise Costs was my catharsis...it took years and years and great personal sacrifice. I was also blessed so deeply with help and love from many including Dr. Bennett Blum who contributed so much through his generous heart to make readers aware.

At the core of elder abuse is greed...think big pharma, big oil, health insurance,the tobacco scandal...it's the mantra of today's society....get more and do anything to get it. It's the transfer of wealth from the babyboomer's parents and transfer it to anyone who can steal it and, like the above, it's a big business.

Fundmentally, as I look back, I see that people don't want help...it's easier to "marry their victimhood" and dump their issues on to someone else.

Since EA is number one in search engines I want to offer you my deepest respect for a job well done. I want to offer your readers a passage from my book and a warning. Just the way other social ills and big businesses have eventually fallen, so will this. There is a universal law that addresses this: "what goes around comes around"

To those who abuse, let this serve as a warning and let those who think they can get a free pass in their "victimhood" remember that you are either part of the problem or part of the solution. Ray and I chose to be part of the solution but you won't listen...
therefore, here's reminder:

"No matter what the laws of the land are regarding elder abuse or exploitation,understanding and correcting the complex dynamics of these types of crimes will involve taking action while increasing education, improving mental health and examining one of the vast social ills that lie at its core…greed.

Materialism and its mantra–“dying with the most toys"—has reached the saturation point having generated nothing but hatred, frustration, social unrest, war, near destruction of our planet and,now, economic chaos. It’s a dangerous and endless spiral leading to an abyss of human misery and spiritual degradation—a murky, meaningless blind alley of unconsciousness leading humanity and the earth to the brink of annihilation. It’s imperative that we expand our perspective to a more universal understanding of a transcendental tapestry where we are united with each other and, ultimately, nature.

And as a society,it is our moral responsibility to weave the treads of empathy, compassion,
decency, equality and human rights into every fiber of our civilization to create a future safe rom exploitation or abuse for every citizen.

Meanwhile, the painful reality remains…predators stalk the innocent and the most vulnerable
are their victims. Those at risk or victimized, especially the elderly, cannot understand the lurking dangers, walk a picket line of protest, tackle the issues of crime and violence
aggressively nor lobby in Washington.

In view of the above, it may make sense, as suggested by a reader of the first edition of
Paradise Costs whose deceased brother was a victim, that elder abusers be legally compelled to register like child abusers.

Sadly, the elderly serve to remind us of our own mortality with so few of us comfortable
with this inevitable fact of life. The peripheral issue of denial (another deadly social ill)deepens the complexity of the issues.

And in the meantime, victims die ignored, quietly stripped of their dignity and right to life and, often times, in plain sight. Too many line up for the spoils of crimes and dignify their participation with a litany of excuses after what is, realistically, looting the assets of the vulnerable. Accountability must be put in place in a system that fails for 
too many reasons with those proven responsible facing harsh penalties including criminal charges, incarceration, suspension of professional licenses, fines, restitution, etc.

It’s vital that the issues mentioned above and demonstrated throughout the pages that
follow be viewed as a violation of human rights and solutions be vigorously pursued as
such. Paradise Costs is a social and humanitarian movement in book form urging evolution
of consciousness to address serious issues now before a worst case scenario manifests the projected numbers and beyond into reality we as a civilized nation cannot nor will not tolerate.

It is to that end this book was written. This is a proactive rally against the painful
lessons taught by my own personal history, one many of us can relate to, and by other catastrophic world events that are remembered as blights upon humanity.

Apathy and denial always costs in this “paradise” known as democracy and everywhere else on our planet.

As President John F. Kennedy once said, 'Let us resolve to be masters,not victims, of our history….' "

To all you who read this or find this on the Net...aging is the great equalizer.

Victimhood is a choice (see JFK's quote above). Do nothing and you are part of the problem.
Do something and you are part of the solution.

Donate to the Elder Justice Coalition TODAY and maybe you won't be a victim in the future. Complain? Do it to you local politician otherwise get ready, you just might be next victim.

Thinking it can't happen to you is DENIAL and it's not a river in Egypt.

(c) October 2010 - All rights reserved -Irene A. Masiello Author: Paradise Costs- A Victim's Daughter Fights Back Against Elder Abuse Afterword by: Bennett Blum, M.D. www.ParadiseCosts.com

"Never doubt that a small group of committed citizens can change the world; indeed it is the only thing that ever has"

A Message For Senior Society

Since no one will come out and say the truth, I have a message for senior society. You did good. You did too good. You were born in the depression-Post depression days. You served your country, worked hard, initiated Unions, bought homes, raised children, and saved your money.

That was the mistake that will cause your misery now.

Your children got caught up in an era spending money without working for it. Over extending themselves financially, not worrying about paying it back. Credit cards, no income check adjustable rate morgages, Junk bonds, Hedge funds, Ponzi schemes. What a mess.You kept your money in the bank, or real estate. That makes you fair game now, for your debt ridden bankrupt children.

Is this what the President means by redistributing the wealth? Put the old people in barracks and keep them numb while courts allow your life's work to be plundered. Well, take heart, it will bring them no good. They can't resist their gambling addiction, they'll be sure this is the right investment, or this times an adjustable rate will go down or some other nonsense. I'm real sorry for you, and and all of ours moms, you should be legally protected, but instead your are hung out to dry.

Mary Destefano

Observations Regarding the Adele Chris Act

by Tom Fields

Holly Peffer's efforts to rescue her mother, Rita Denmark, from an abusive guardianship in Florida prompted PA Congressman Sestak to write several letters like that posted online at

http://elder-abuse-cyberray.blogspot.com/2010/05/letter-from-congressman-sestak-to.html

Now a hearing on the matter is scheduled for Friday, October 8, 2010 at 2:30 P.M. at the McKean County Pennsylvania Orphan's Court. I don't know how this hearing in PA can compel Florida to return Rita to PA, but let's all show Holly our support and send the state of Florida a message that it needs to hear loud and clear.

Meanwhile, everyone needs to realize that despite the efforts of numerous others, including Joe Roubicek, John Caravella and Congressman Sestak, opportunists in Florida are still able to take advantage of the elderly. With this in mind, I applaud the effort of John Caravella and others to address the need for federal legislation. What I now ask is that everyone join in to make sure that the proposed legislation, the Adele Chris Act, does not let us down. For example, as I've observed for those who communicate directly with me, this legislation still needs to establish a sound evidentiary threshold that must be met before the petitioner can be granted standing. Without such a threshold, we will still be vulnerable to those who would compel us, against our will, to undergo and pay for evaluations and hearings. Without such a threshold, some members of the Bar will take advantage of this legislation so as to initiate even more lucrative jury trials. Personally, I am wary of any legislation which the Bar and/or Judiciary supports. I have seen the Bar and Judiciary advocate too much harmful legislation and oppose too many efforts to legislate reasonable safeguards against legal abuse.

Letters to Editor:From Bad to Worst to Worser

Hello Ray;

Bad to worst to worser, soul crushing. I wish it were last year when I was 10 years younger. Remember me? I don't. Last year at this time, my sister (gag reaction) petitioned for guardianship of our mother, a capable woman, enjoying the first anniversary of her retirement. The night before I arrived from Florida to visit her, she suffered an almost fatal Head Trauma and lapsed into a coma. She survived, rehabilitated, and agreed to try an assisted living with no commitment, before deciding if she would rather return to her home with assistance, or relocate to the assisted living, Jefferson's Ferry Life Care community in South Setauket NY. Haldol was administered at high levels before the Incapacity Tests were administered. Before we knew it, mom was a prisoner.

Her lawyer was appointed by the judge, who is Vice President of the NY Bar Association. Adjunct Professor of the Tauro Law School Pro- Bono Dept., who the Suffolk County Dept. of the Aging now contracts with for free legal services for the county's Seniors, instead of Legal Aide. My sister's $400 an hour attorney was paid out of mom's money as allowed in NYS Mental Hygiene Law Article 81 under which this travesty proceeded.

Being of the same personal financial status as my sister, unable to pay an attorney myself, and being frozen out by both attorney's, I cross-petitioned pro se'. Arguing the co-incidence of the Haldol and the date of the Incompetence Test. Offering documentation that mom, with a heart condition, should not be on Haldol, or at least, the smallest effective dosage as stated by the AMA. Objecting that mom did not receive the physical Therapy ordered in her release papers from the Rehabilitation. Cross examining and prevailing over a mis-statement submitted to the court about mom's required level of care, and ensuing mis-billing. Now spell check caught those words, but the judge used them to deny perjury and fraud.

We may finally have come to the truth of the matter, when I cross examined the petitioner's testimony that mom was not a Madoff Victim, as I had implied to the court. I asked if mom had an account with First Allied Securities. The attorney screamed object, the judge yelled sustained. I said why? The judge said sustained. I looked around the closed court and realized, it would never show up on the transcript and there's nothing I could do about it. Yeah, the court examiner was there, but he's the President of the Nassau County Bar, and if he and the judge didn't see anything wrong with the deaf mute sitting in the defense attorney's chair, why would this be wrong?

I made it the SEC's problem. I just wanted them to verify the documents I found to substantiate the Madoff victim claim, back in July. Well if it took them 8 years from being informed that Madoff was a Ponzi, how long will I wait? I called last week, September 21st, and they're investigating. I investigated, I needed verification. I went on the SEC's 606 rules of routing disclosure and found FAS, a diversified entity, one third funded by Madoff Securities. I sent a copy of mom's receipt from FAS. Yes or No? Is it hopeless? Does anyone care that the petitioner became unemployed when her investment layer boss of 25 years closed his office the week Madoff became public, and mom received her Head Trauma? Will the Office of Federal Thrift, which oversees Federal banks, confirm if mom was receiving monthly direct deposit from FAS until December 2008 when Madoffs Assets were frozen? Is there something else I can do?

Labor Day Weekend I got a short brutal message from the petitioner, who has not communicated with me since she petitioned. It said mom had fallen out of her wheelchair and was at Stony Brook Hospital. I had to explain to the doctor that mom's Health Proxy does not speak to me, we're in court. The doctor said mom sustained no apparent injury from the fall, but that they found multiple blood clots in her chest. They don't really know what's causing them, but they think it might be her pace maker. They put her on blood thinners, to hopefully clear the clots. The doctor found mom to be in need of some physical therapy, which she would prescribe. I told her, I already complained about that to no avail The doctor said that for some reason mom didn't want to take the blood thinners back at the assisted living. She implied mom might be wrong in the head. I asked the doctor if the Health Proxy had informed her that mom had a massive Head Trauma and coma two years ago with severe inter-cranial bleeding? She had not. Would the blood thinners effect that? It was written down. I explained that this is the third injury mom suffered at this facility, once a bruise to the spot of the original trauma, and once when a worker ran into her with his cart, raising a bump, to the same spot. Mom is afraid there and knows she will bleed to death twice as fast if she's injured again. Does that sound crazy? Mom was returned to the facility on blood thinners anyway.

I'm on my way back to the hospital today because a friend e-mailed me an alert from the FDA that Haldol effectively, causes blood clots in the chest. There's your answer doctor. I'll drop one off with the director of the facility, and the in house doctor, who prescribes it for virtually all residents too. If they have to stop administering it, the zombies will wake up.

I don't expect any fairness, or justice or concern, even from people who get paid to administer it. You can print this anywhere without fear, because I can prove it all and more. But I expect all I can do is continue to be there for mom so that she doesn't fight alone, and share in her horror.

Maryann Destefano

Read Our Horror Story !

FOR the LOVE of MOTHER

An America in Denial

"(He) served his country, West Point grad, Duke master's degree, solid business guy," Castillo said. Castillo is shocked Scott was shot and killed by Metro Police Saturday afternoon. Everybody was in disbelief as to what the heck could have happened and why," Castillos said."(He) served his country, West Point grad, Duke master's degree, solid business guy," Castillo said. Castillo is shocked Scott was shot and killed by Metro Police Saturday afternoon.

"It was very, very hard to believe. Everybody was in disbelief as to what the heck could have happened and why," Castillos said.

Editor's note:

If there is one thing in common with all the letters I get from readers is that they all start with "I din't think this could happen in America" at least not until their parents are put away to die in seclusion or from overmedication and neglect under a forced guardianship program with less rights than a common criminal.

Now that the malaise is spreading to the general population it is still interesting to note how reactions range from "disbelief" to the "I din't think It could happen here!"

Related:America Not Safe For Elders,for Anyone..

Letter To Editor - Camp America-

An avid elder rights advocate has asked me to post the following message:

Camp America

Working group report

“Most of those residing in Camp America seem at best dully aware that there is a problem in their condition. The extensive fluoridation of the prisoners seems to have had its desired impact. Those who are still employed arise in the morning and go off to their jobs, which generally service the functioning of the Camp. Those who have lost employment are largely involved in attempting to remedy their personal loss of income, assets, etc. and pose no threat to the Camp's functioning. While there are increasing numbers of faint cries of electronic assault, our module on this seems to have worked well. The large majority of the prisoners consider these experimental subjects to be 'crazy.'

The assassinations have not gone without some attention, but our close relationship with the Camp press has resulted in little general attention paid to the peripheral rumblings and finger pointing of those relegated to the conspiracy culture.

The exterminations are causing a bit more trouble, as we predicted. There is an increasing effort afoot to organize family members of past and slated exterminations, which is causing a crisis in damage control. Several of the prime organizers have slipped out of Camp America before they could be corralled, and are now garnering increasing attention by the unembedded, remnant press. We have had prior success in persuading some media venues to dump these stories, but the organizers have become increasingly persistent and proficient in recognizing the signs of gatekeeper contamination and simply move on to more fertile pastures. The module on character assassination and attacking the morale of the organizers does not seem to have made the desired impact. Suggest a training module to restrategize.

It is the consensus of our working group that it is imperative to deflect attention away from the exterminations, lest sectors of the populace become alarmed and attempt to take redress into their own hands. The realization that one extermination program is now functional may logically lead one to the conclusion that there may be others afoot and we cannot emphasize enough that the growing amalgamation of family members of those in T-4 be squelched as quickly as possible.

We are seeing that the radicalization of the conservative element provides us a more potent challenge than does the Left. Attempts to focus the conservative element on financial issues—and thus detour around the exterminations-- have been only partially successful. The Left, as predicted, remains issue oriented to the exclusion of comprehending and addressing the larger constitutional devolution at hand.

It is the opinion of this working group that we are indeed at a crossroads. The T-4 program is not even in full swing and we are now seeing mobilizations in several states—specifically, Texas, Florida, Washington and California concerning the fate of the elderly and disabled vis a vis the state guardianship programs.. The integrity and security of the program necessitate it remain covert and unreported. We are losing control over this aspect and respectfully request a module be devoted to dealing with these developments.”

Letters From Readers -Attorney Mitchell I. Roth -So Where is my husband?

Absentee Attorney
Joe M.Tolley’s Life is in Danger, So Where is my husband?

Dear Attorney Mitchell I. Roth,

This message is from Ruthie Tolley, my mother, and the following is what she and I believe. My mother has asked me to e-mail the following message to you.

August 24, 2010

Mitchell , it has been almost 2 weeks since you said “I will call you back in 5 minutes.” Yesterday, I learned that my husband was in the hospital (you probably already knew this) and maybe that is part of the reason you did not return my calls. As you know, my daughter Donna Tolley will not answer the phones so we would have to go to the house to see my husband and ask the Police to meet us there. As you know, I am staying with my son Tommy and not at the Rancho Cucamonga house because of safety issues and you are supposed to be helping me get my husband out of Donna's unhealthy care and to get Donna out of the house. In my last e-mail I told you, as I have many times before, to get Donna Tolley out of the house and I would move back in with my husband where he could receive 24 hour health care. I still have not heard from you.

On August 24th, 2010, you finally called me to tell me that we need to talk. Talk about what? The only thing we need to talk about is getting my husband out and to safety. You said we need to make Donna Tolley take a deposition. Why now? If there is any truth in your statement, why did you not do this when I first met you 8 to 9 months ago? I believe you just want to continue to delay and deny me because Donnasue Smith Ortiz and Judge J. Michael Welch have been anticipating my husband’s slow but planned death, or the closing of escrow of the Pasadena property that they are all stealing under the guise of Conservatorship.

Listen to me, I want my husband home with me as I stated in my last e-mail to you. You are completely ignoring what I want. Now you said there is nothing that you could do for my husband, it is up to Attorney Donnasue Ortiz. If there is nothing you could do, why did you promise all of these things? For 9 months, you promised that my husband would not end up in a rest home, and that we would just get Donna out of the Rancho Cucamonga house. Promises and more promises, more delays and more denials. What else would your purpose be but to promise, delay and deny?

I believe that your assignment by Judge J. Michael Welch was to delay and deny me, while my husband is being killed off. I feel that you are being completely heartless.

Mitchell, when you finally called, you mentioned nothing about the restraining order, nor about my e-mailed responses to your letters about getting Donna out of the Rancho Cucamonga house, nor about my husband and I moving back in together, nor that my husband Joe Tolley would continue to receive 24 hour care at home as I stated in my e-mails to you. I do not believe that you plan to help me get my husband back together with me. Mitchell, you should be helping me to fight this "Restraining Order" which has yet to be served even as of today, August 31th, 2010.

On August 21st 2010, I learned that my husband was hospitalized at the San Antonio Community Hospital for a urinary tract infection. The doctors and nurses at San Antonio Community Hospital all said he could receive the care and treatment for his urinary tract infection at home. But as in the Probate Murders, I believe my husband is being isolated from the family. For example, Donna's restraining order, being appointed temp-conservator by a corrupt Judge (Welch), suspected of real estate fraud by using the Conservatorship Courts, and the right Court Forced Attorneys (CFAs) to mislead the elderly and the defenseless as their estates are raped and family members (conservatees), slowly being killed off.

Me, my son Tommy and along with other family members, Marian, my other daughter, and her daughter a registered nurse, went to the Hospital Sunday August 22, 2010. We had not seen him in so long. Again, since Judge J. Michael Welch appointed my daughter Donna Tolley as Temp Conservator, my husband’s health has deteriorated. I believe you did nothing to help me get my husband Joe out from under Donna’s unhealthy care on purpose by not objecting to her continued Temp-Conservatorship at our last Court date, instead you later claimed that Donna was already the Temp-Conservator so you did not object. Again that made no sense at all but, I believe this only allowed Donna Tolley and Attorney Donnasue Smith Ortiz to continue their plan to get rid of my husband of 65 years. Mitchell, your actions and non-actions have caused my family greater continued grief. There is nothing funny about this.

As you know, our goal is and always has been to get my husband to safety and out of Donna’s unhealthy care. Donna and my son Kenneth came to the hospital, and Donna told everyone including me Joe Tolley's wife to “get out” of the room, stating that she was in charge. I believe Donna later called the Upland Police who said Donna showed them a restraining order against me, Ruthie Tolley, and my son Tommy, and that we could not come within 100 yards of my husband of 65 years, and that I could not go within 100 yards of my own house in Rancho Cucamonga. We have not been served with any restraining order. We explained the situation to the Police and our safety concerns for my husband as well as to Doctor Gee and the hospital staff, but we were asked to leave by Upland Police.

My husband is being drugged and cannot seem to wake up. He asked, barely speaking, that my son Tommy must help him. However, we could only do so much because I believe of the corruptedness of Judge J. Michael Welch and Donnasue Smith Ortiz. Donna Tolley and another doctor said that my husband is going to a rest home. Imagine a judge, two greedy daughters, and one greedy son stealing everything you have, then allowing your husband to be drugged into a zombie like state and your lawyer doing nothing, and then stealing your last piece of Pasadena property as an excuse for taking care of your husband, while knowing he is being slowly murdered.

Not only that, your appointed lawyer then claims to be putting the proceeds in an account for your husband while you have you no reason to trust him.

I believe that my husband is being slowly killed. I believe that Judge J. Michael Welch and others will funnel the proceeds from the sale of my property, perhaps to pay back a loan that he and others may have taken out on his or their own personal properties. I believe the third party involved with funneling money back to the Judge Welch would be someone appointed to handle the account. I have been declared capable and competent of handling my own affairs by three different doctors. Two of them court appointed. That includes handling my husband’s affairs, which I have always done in the past. It should have all ended after being declared competent.

If Donna is doing such a good job, as I believe Judge Welch’s co-conspirator Donnasue Ortiz claims, why is my husband unable to speak and suddenly be immobile? My husband, even after the stroke, was able to speak and was strong and mobile. My husband Joe M.Tolley had never been bed ridden. I believe that he is just being drugged by Donnasue's doctors and nurses and I believe my daughter Donna is helping. By drugging the conservatee, Donnasue Ortiz and my daughter ensures that my husband cannot do anything for himself.

He was able to walk until Donnasue and Donna took over and got me out of my house. I strongly believe that he is being drugged. Just like the Probate Murders. I will never see those proceeds from the sale of any building and you know it. We are going to find out what is going on, Mitchell.

The reason why I have this suspicion is because a few years ago, a doctor named Cohen tried to experiment on my husband with Donna’s help when I was in control. Donna took my husband to see Dr. Cohen. I had it stopped, and I believe that this Doctor is experimenting on my husband’s brain now as he tried before. I had to stop him. I believe he is killing my husband slowly. You could have helped to stop this Mitchell, but you did not speak for me as I had asked. I believe that you did what Donnasue Smith Ortiz wanted, to keep Joe M.Tolley under Donna's unhealthy care and put him up for sale. I believe you know this is all about money. Donna Tolley said Doctor Cohen is not seeing my husband, but I believe so strongly that was a lie.

Mitchell, everything that you promised me would not happen, did in fact happen. Do not try to blame this on Tommy or undue influence. I believe that this case has been orchestrated by Judge J. Michael Welch and Donnasue Ortiz from the beginning when the Judge first denied me my rights to choose my own attorney, and then ordering me to take you as my attorney or else he, Judge Welch, would just appoint a conservator for me. Judge Welch then appointed my daughter Donna Tolley asTemporary Conservator even after I told him of the physical abuse and assault on me by my daughters Donna Tolley and Carol Ann Harris. He then ordered my son Tommy to take me and my husband back to the house where the assaults occurred. I believe that Judge Welch and Donnasue Ortiz want Donna Tolley in control because Donna has our money and Judge Welch and Donnasue are following the money. Judge Welch wants my property sold so that he can funnel it through an account and eventually into his own pockets. But for this to work, my husband would first have to be slowly killed off. Just like the Probate Murders.

As of Monday morning Aug ust 23rd, 2010, I have not been served any “restraining order” but I am waiting. Do not try to say Todd has to or can only do this or do that. Mitchell, you should have been doing the things that you are trying to say Todd should be doing. Remember, Tommy just recently hired Todd. Do not tell me to call Donnasue Ortiz as you have before, you should be communicating with Donnasue on my behalf about all my concerns in writing. You and Donnasue Ortiz are, as you stated “colleagues,” remember? I believe that you do not want to write anything negative about Donnasue Ortiz because you are friends and colleagues. I believe that you did your job, but it was primarily to make me believe that my daughter Donna would be held accountable, so you could keep promising, denying and delaying.

You continued to make promises to me knowing that they would not hold water until we get to the point in the case where we are today with nothing and my husband drugged, dying and under Donnasue and Donna Tolley’s unhealthy care and Donnasue’s doctors and nurses. All this time, you are not insisting and have not produced any documented effort to have Donna Tolley removed as Temporary Conservator, to get her out of the house, nor have you called to compel the Court to have Donna produce any documentation for this case. I believe that you could have accomplished this at our last court meeting but I do not believe this was your true intent as evidenced by your own silence.

I believe that Donnasue Ortiz made a deal with Donna Tolley back in July of 2009 or sooner, to turn the Rancho Cucamonga House over to my daughter Donna and compensation as well as Judge Welch’s will come from the sale of the Pasadena property. I believe that Donnasue wants my husband so that she can finish him off in a rest home and to isolate all other family members so that no one will know what happened to him just like the Probate Murders. You, Mitchell are part of this. As I have told you before, my husband is not a slave, the proverbial carrot, or human sacrifice for sale for experimentation being used for barter. He is a human being. I believe this is what Judge Welch and Donnasue Ortiz are doing, with no regard for human life, only filling their own pockets and mortgages.

I believe that Donnasue lied and should have been removed off this case a long ago. You said Judge Welch likes Donnasue and yourself. I am sure he does for many reasons. Judge Welch threw away document proof provided by my son Tommy that Donnasue Otiz was lying to the court right in front of my son Tommy while in court. Remember you thought this was so funny when I told you about this and you said that you are going to tell Donnasue Ortiz about it as if it were a joke. I just called the hospital and learned that my daughter Donna had taken my husband out of the hospital. No one will tell me where he was taken to. Where is he, Mitchell? I believe that the actions Judge J. Michael Welch, Attorney Donnasue Smith Ortiz, Maryellen Ross (Donna Tolley’s attorney) are those parallel to the “Probate Murders.”

I believe it is quite clear that Judge J. Michael Welch and Donnasue Ortiz and their doctors and nurses all have every intention of slowly killing my husband, Joe M. Tolley Sr. As you may know, I believe that Donnasue Smith Ortiz worked with or for Ms. Melodie Scott of the C.A.R.E. Inc. Ms. Scott’s license as a fiduciary was denied recently. I believe family members of those under Ms. Scotts C.A.R.E were complaining about the way their family members were being treated and eventually dying under doctors working with C.A.R.E. and not being able to have any control over the conservatee. I believe, according to the San Bernardino Sentinel and other publications, Judge Welch tried to defend Ms. Scott.

Mitchell, I have a right to know what is happening to my husband of 65 years Joe M. Tolley Sr. I have a right to know his medication, the doctors involved in his care, where he is, why he is so heavily medicated to the point where he sleeps all day and cannot recognize me, speak or barely raise his arm. I believe your actions and non-actions are supporting Donna Tolley and Donnasue Ortiz’s efforts to isolate my husband from his family.

On August 26th, 2010, I found out that my husband was taken to Heritage Park Rest home in Rancho Cucamonga. Tommy and I went out to see him. We visited for about an hour, we could not wake him up. The nurse said he could not eat by the mouth and is being fed intravenously by way of his arm and stomach. I/we saw the feeding lines personally. The nurse said that he has not eaten any solid foods since he arrived. Donna had told me that my husband was sitting up and had eaten mashed potatoes. After seeing him in this condition, I was convinced that Donna lied about my husband eating such solid foods.

I believe I have been set up by Judge J. Michael Welch in the following ways:

- Mitchell, I believe this has been a set up from the beginning and you knew your role in it.
- Judge Welch denying my rights to my own attorney.
- Forcing me to take you as my attorney or else he (Judge Welch) stated that he would just assign a conservator for me. Then changing the court transcripts.
- Assigning Donna Tolley as Temp-conservator, I believe he and Donnasue and Maryellen Ross knows that she is hiding our money but claiming it to be all gone. If it is all gone as Donna and Maryellen Ross, you and Donnasue Ortiz, claims, then who is paying the mortgage? Where is the proof?

- After telling Judge Welch about the physical abuse by my two daughters, He ignored me and ordering my son Tommy to take me and my husband back to the house where we were assaulted.
- Ordering me to be psychologically evaluated by two court ordered doctors. Each doctor stated that I am capable of handling my own affairs including another phyciatrist through my own doctor . But I believe Judge Welch and Donnasue wants my estate to liquidate and to feed their own pockets so they ignored the positive results.

- No proof all our money is gone. Just take the Tolley family property anyway. You did nothing to discover, to force, or compel the Courts for an accounting from Donna Tolley.
- Donna Tolley not taking my husband to the hospital. Tommy took him to the hospital and learned that he had pneumonia. Donna would not take my husband complaining of the costs.
- Putting a hostile Conservator ( Donna Tolley) in complete charge of the Conservatee’s estate so that even family members cannot see them. Such as putting a restraining order against family members. Even the wife of 65 years. Isolation as in the Probate Murders.
- Putting my Pasadena property up for sale claiming for my husbands benefit. I believe this will eventually go into Judge Welch’s and other attorney’s pockets just like the Probate Murders.
- Isolating family members from the Conservatee.

- Liquidating the estate for no justifiable reason. I can handle my own affairs.
- Slowing killing and drugging the conservatee until their body just shuts down. Just like the Probate Murders.

I believe that Judge J.Michael Welch is one of the leaders of this corruption and is using the Conservatorship courts to steal and abuse the elderly and the defenseless. I believe Judge J.Michael Welch is a co-conspirator to murder. Others of our family believe the same.

As of today August 31, 2010 I, nor my son Tommy have ever been served with any "Restraining Orders" and do not know the content of any accusations they may contain. I am told that there is a September 7, hearing date but we have not been notified. They could only be false accusations based on the sole purpose of isolating me, the wife of 65 years, and my son, Tommy, who has always had our best interest in mind.

Ruthie M. Tolley

From California -THIS COUNTRY BELIEVE JUSTICE!!!!!

From California

Posted: 01 Sep 2010 03:50 PM PDT

Hello,

This all takes place in Northern California. Our mother has had an incredible scheme run on her estate by 2 very sick and unscrupulous people - her boyfriend and his daughter who is a professional at IRA and their lawyer from San Jose has a reputation for doing anything to make a buck. Not a bit of moral fiber amongest these three.

My mom and her boyfriend told us they were starting a living trust to avoid taxes on their estate,(their estate they said was valued at 760,000 at the time of mother’s passing.) Coincidently the daughter and her 1st husband started a trust 1 month before, wonder who put the idea in my mothers head. Anyhow mother and he are getting older 86 and 83 respectively having health problems she starts showing signs of dementia and Alzhiemers. The daughter is a pro at IRA she took her first husbands estate away from his deserving daughter having separated from him for three years its how she makes her money she isn’t employed.

They procure POA and Appointment of Agent the trust for the daughter, with undue influence the documents were brought to my mom to sign and has the county the daughter lives on them scratched out and the county they live in hand written in its place. My mother did not seek these documents on her own. My mother passes away. My brother removed as co trustee so its just the boyfriend and daughter in control they are liquidating my mother’s 390,000 irrevocable trust at a rate of 67,000 in 9 months using none of their money to pay any bills. They will end up with the house, all the money from the estate (which my mother inherited from her sister). And the rightful heirs of hers will get nothing not her ashes, nothing.

AND THE COURTS AND LAWS IN THIS COUNTRY BELIEVE JUSTICE!!!!!

Sincerely,

Richard Nelson

From Nevada

Posted: 01 Sep 2010 05:52 PM PDT

From Nevada

Posted: 01 Sep 2010 03:40 PM PDT

When I was going through this (guardianship) nightmare with my dad, I was amazed at how many other people had experienced the same tactics used against them. His case started in Ca. but then moved to Nevada. It was an absolute nightmare and robbed my dad of the peace he deserved in what should have been his “golden years”.

I think the hardest part (besides the obvious) was the fact that people would give me that strange sideways look as if to say, “what are you leaving out of this story….you had to have done something to deserve this…….this stuff just doesn’t happen in America to the innocent.”

It was so comforting to know that there were people out there, who understood that the system isn’t just, and it DOES happen everyday to good people just trying to do the right thing.

Sherry Donovan Moser

Investigative Reporters on Elder Financial Abuse are Stonewalled and Slimed

janice.rocco@asm.ca.gov;
sbcsentinel@yahoo.com;
jonathan.cooper@doj.ca.gov;
russ.heimerich@dca.ca.gov;
gary.duke@dca.ca.gov;

To Whom It Might Concern:

Dear Sirs;

As a non profit group we represent elder financial abuse victims in most all 50 states and have documented cases of exploitation and elder financial abuse which has been called *the scourge of the 21st century by experts and has reached epidemic proportions ...

It is clear that victims and or investigative reporters attempting to call attention to the problem are often discredited and run into a wall of secrecy,intimidation,and non cooperation.

I can assure you that that a great many of us have lived in the flesh the cover up and propagation of conservatorship/guardianship abuse and attempting to write off the problem as "ludicrous and absolutely untrue" is pouring salt into the wounds of those of us who have lost loves ones because of insensitivity of public officials who turn their backs on the very same people they have vowed to protect.

Sincerely,

Ray Fernandez
Editor

*Financial abuse of elders continues to increase at an alarming rate experts say that elder financial abuse is "the crime of the 21st century" as the burgeoning senior population is increasingly targeted. Tragically, it is estimated that 150,000 to 200,000 seniors are financially abused in California each year, and the National Center on Elder Abuse estimates that there may be 5 million victims a year, nationally. ref=>>http://www.blogger.com/www.allbusiness.com/crime-law-enforcement.../5484854-1.html

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From: writejanet@live.com
To: russ.heimerich@dca.ca.gov; gary.duke@dca.ca.gov
CC: janice.rocco@asm.ca.gov; sbcsentinel@yahoo.com; jonathan.cooper@doj.ca.gov
Subject: RE: Public Records Act Request
Date: Thu, 26 Aug 2010 14:21:02 -0400

Mr. Heimerich,

I am working on an article concerning the PFB. I would appreciate your comments on the following:

1)What action did the PFB take on the issues detailed within the article concerning Lawrence Yetzer, which was emailed to Gil DeLuna ont he recommendation of Gary Duke? The medical records and financial records point to multiple felonies committed by Melodie Scott and attorney J. David Horspool, in the course of that brief conservatorship. Was an investigation launched and/or was law enforcement contacted?

2)The PFB has refused to release information as to the disposition of reports and has gone so far as to refuse to reveal the stats pertaining to reports, which would do an end run around the privacy issue. Why is that?

3)To my knowledge in review of the applicable correspondence and affirmed by your legal counsel, Gary Duke, PFB analyst Angela Bigelow made inaccurate statements as to the very mandate of the PFB to Janis Schock, and informed her that the PFB has no dominion over professional conservators. In another case, a former employee of the PFB told a potential complainant, Carolyn Perkins, that there was no point in making a report to the PFB, as it would likely not receive proper attention. A number of other complainants have reported that there reports have gone unresponded to--no letter confirming that their complaints were investigated or processed in any manner.

I have grave concerns as to what is going on inside your Bureau. You are maintaining a level of secrecy that is not consonant with democratic institutions. You are certainly free to attack me and my journalistic skills any way you wish. If you cannot respond to the questions, a good hard left at the questioner may --in some cases--deter her. But it isn´t going to work here.

I will look for your reply. If you choose not to reply, I will report that your answer was to refuse to respond to questions and to attack my credibility.

Sincerely,

Janet Phelan

-------------------------------------------------------------
From: Russ.Heimerich@dca.ca.gov
To: writejanet@live.com
CC: sbcsentinel@yahoo.com
Date: Thu, 26 Aug 2010 10:14:00 -0700
Subject: RE: Public Records Act Request

Ms. Phelan –

You are, of course, free to cc your e-mails to anyone you wish – I am not in the least concerned.

However, your question about whether PFB is engaged in covering up conservatorship crimes, or murders, or embezzlement is ludicrous and absolutely untrue. It is worthy of no other polite response than that.

From this point onward, you may request whatever public documents you wish under the California Public Records Act and we will fulfill them in accordance with the law. However, we will no longer consider you a bona fide reporter and we will no longer entertain further questions from you. Any communication from you that does not include a Public Records Act request will be ignored.

As a courtesy, I am cc-ing the San Bernardino Sentinel in case your editor or publisher wishes to contact me about this matter.


Russ Heimerich
Office of Public Affairs
(916) 574-8171 begin_of_the_skype_highlighting (916) 574-8171 end_of_the_skype_highlighting (office)
(916) 416-8878 begin_of_the_skype_highlighting (916) 416-8878 end_of_the_skype_highlighting (cell)

From: Janet Phelan [mailto:writejanet@live.com]
Sent: Wednesday, August 25, 2010 4:12 PM
To: Russ Heimerich
Subject: RE: Public Records Act Request

Please define "appropriate."

Be advised that my emails are being bcc'ed to a number of parties, including now Assemblyman Dave Jones' office and others. As you are clearly NOT contacting law enforcement when reports come in alleging crimes committed by conservators, would you typify the PFB as a cover for conservatorship crimes?

There is growing nationwide concern that the judicial commissions and police internal affairs are, in fact, covering up the crimes committed by judges and police officers, respectively. Would you typify the PFB as serving a similar function for conservators? I am aware that reports have come into the PFB alleging murder, embezzlement and more. You have refused to supply stats on the disposition of reports, not responded to many complaints in any manner and are refusing to answer questions as to whether the allegations are even investigated.

I am eagerly awaiting your response to my question: Is the PFB in fact engaged in covering up conservatorship crimes? The documentation I have accumulated points to an affirmative response. Do you have anything to show that would prove otherwise?

Yours in the Constitution,

Janet Phelan

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From: Russ.Heimerich@dca.ca.gov
To: writejanet@live.com
Date: Wed, 25 Aug 2010 11:38:10 -0700
Subject: RE: Public Records Act Request

My replies are in blue, below.

Russ Heimerich

Office of Public Affairs
(916) 574-8171 begin_of_the_skype_highlighting (916) 574-8171 end_of_the_skype_highlighting (office)
(916) 416-8878 begin_of_the_skype_highlighting (916) 416-8878 end_of_the_skype_highlighting (cell)

From: Janet Phelan [mailto:writejanet@live.com]
Sent: Wednesday, August 25, 2010 10:59 AM
To: Russ Heimerich; Janet Phelan
Subject: Re: Public Records Act Request

As the Redlands Police have denied that the DCA or PFB has contacted them in reference to Scott offering services without a license, could you please tell me what guidelines you use to come to a decision about contacting law enforcement?

We contact law enforcement when it is appropriate for us to do so.

And as your Department received numerous complaints from individuals alleging crimes committed by Melodie Scott in her performance of fiduciary duties, and the Redlands Police also denies contact from the Department concerning these alleged crimes, would you then maintain that the PFB has investigated all these allegations and found them without merit? Or would you maintain that law enforcement WAS contacted?

As I have already told you, investigatory material is confidential and not subject to disclosure. That means we will not discuss investigations with you, nor will we provide you with any investigatory materials. Members of the public, including reporters, are only entitled to receive information and public documents regarding those cases in which a publicly disclosable act, such as a license revocation, has occurred.

As to the Janis Schock issue, I stated in my last email my reluctance to contact the PFB on her behalf. I was trying to encourage your agency to answer the question she has tendered as to the disposition of her report. I have in my possession the names of numerous individuals who are now alleging that their complaints were improperly processed or seemed to have disappeared into a black hole. At some point in time,this will become a matter of further scrutiny. In the meantime, I stand by my earlier efforts to encourage your agency to respond to Ms.Schock's question as to whether her initial complaint was closed or not.

Sincerely,

Janet Phelan
San Bernardino County Sentinel

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From: Russ.Heimerich@dca.ca.gov
To: writejanet@live.com
Date: Wed, 25 Aug 2010 09:12:42 -0700
Subject: RE: Public Records Act Request

No, the PFB is NOT the only body that can investigate alleged crimes committed by professional fiduciaries.

The PFB only has authority over a licensee’s license. If a fiduciary commits a crime, it is up to local law enforcement to prosecute, though as is the case with many of our boards and bureaus, we will assist when it is appropriate to do so. If a fiduciary commits murder, that is a felony and must be investigated and prosecuted by local law enforcement. We can certainly take action against a license for such things as murder, embezzlement, etc. And if an investigation turns up a felony, our boards and bureaus turn that information over to local law enforcement and it becomes their investigation.

As for advertising oneself as a professional without a license to do so, we can and do investigate but it is up to the local law enforcement – the DA, to be precise – to prosecute. Local law enforcement also has the authority to investigate, but most of the time they have other, more pressing matters to attend to and will leave investigation into such misdemeanors in the hands of the appropriate board or bureau. They tend to focus more on enforcing the Penal Code, not the Business and Professions Code. Whether they prosecute as a result of our investigation is up to them.

In reality, most of DCA’s boards and bureaus have very little – if any – power to take action against unlicensed practitioners. We can, and do, investigate unlicensed activity and one or two of our boards can issue notices to appear, citations, and fines. But in most instances it remains up to the local DA to prosecute. Some counties are more aggressive in prosecuting than others – some will work closely with us and some have other, more pressing concerns.

PFB’s business with Janet Schock is between PFB and Janet Schock. Your attempts to intervene on her behalf, while stemming, no doubt, from good intentions, are inappropriate, and it would be inappropriate for us to discuss any issue regarding Janet Schock with you. In order to make myself perfectly clear, we will not communicate with you regarding Janet Schock and, after this communication, will not acknowledge any questions you may have about her or her case.

Russ Heimerich
Office of Public Affairs
(916) 574-8171 begin_of_the_skype_highlighting (916) 574-8171 end_of_the_skype_highlighting (office)
(916) 416-8878 begin_of_the_skype_highlighting (916) 416-8878 end_of_the_skype_highlighting (cell)

Letters to Editor "Cruelty Unchecked"

This paralles the cruelty on my 94 years old sister I sat with her last moments in San Antonio hospital while her kidnapper, a bar association director, was vacationing in Hawaii. I can never forget the way she put in a body bag.

There is no use we just keeps on complaing. Only if FBI will investigate as bold as FBI bold web statements on U.S. Code Title 18-242 Deprivation of rights under color law.

Hauling a few elder kidnappers to court, convicted and throwing the key away would other perpectuators be warned. As long as FBI called such cruel kidnapping "it is a civil matter," nothing can and will be done.

Right now I am fighting to free my wife of 61 years of marriage to spend our last moments together without court says what we can and must do or face contempt charges. I wish we had never came to the United States with such cruelty unchecked.

No political candidate care to put elder abuse using probate courts on their campaign literature. Every time I see a judge in black robe reminds me wolf wearing sheep's head.

SY Wong

How Long Must We Tolerate This?

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

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

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

"How To Cash In On Your Mom, In These Hard Times"

My mother needs help here in New York. She was "injured" in her home in March 2009. My sister "discovered" her, almost dead with a massive head injury.

After six months of recovery, mom had a choice to go home with assistance or try assisted living. When she didn't like it, she requested the facility to send her paperwork to her doctor who would submit it to Medicare for a home plan.

The Director and Social Worker refused, citing the POA and Health Proxy my sister obtained during mom's recovery, neither of which gave my sister the authority to force mom to stay at the facility.

My sister petitioned for Guardianship, in the wrong County, and The Supreme Court of Nassau County NY, Judge Joel K. Asarch accepted it. The Article 81 MHL, under which the hearing proceeded, clearly states it should have been in The Supreme Court of Suffolk County where the facility is located. No change of venue was requested.

The New York State Commission on Judicial Conduct is investigating, or so they say. My sister worked for a financial attorney for 27 years in Nassau County, until he suddenly retired in March 2009, when the Madoff Scandal became public, leaving my sister unemployed and broke. Hey, isn't that when mom got "injured"? Mom had a sizable diversified trust, one third Madoff, so she didn't lose everything like my sister did.

Mom is suffering everyday while at the facility . Her knee was hobbled in physical therapy there, she's received two more head injuries there, and I cannot get any county or state agencies to intervene. My sister tells mom she is doing everything she can to get mom out. I tell mom the truth and she doesn't know what to think.

The court granted personal needs guardianship, not property, citing the POA as sufficient. Mom has tried to go to the bank to revoke the power of attorney but the staff will not let her go out without my sister. She wants to get a lawyer. She wants to go home, and can well afford to, or maybe she can't. My sister refuses to give mom her credit cards, bank statements, bills, trust papers, deed, money, which she took from mom's house while she was recovering.

My mother and I are not permitted to see the Petition or the Court Evaluators Report which contains financial info and allegations made by my sister. Mom's court appointed attorney did not represent her, and even stated to the court that she believes mom should stay in the facility. The judge allowed it. Seems pointless to complain to The Nassau County Bar Association when the Judge is the vice-president. I've written to,called, and e-mailed so many agencies that are supposed to help, but they don't.They hang out a sign, collect a paycheck from county and state taxes, and don't do anything.

The next thing I write will be a parody titled "How to cash in on your mom, in these hard times" In which I will follow the steps my sister took and then, don't worry about any agency or court, they won't stop you. Including the tip that you don't have to pay a lawyer, the ward has to pay that, and all of the court proceeding. What have you got to lose? Seriously, I am suffering for and with my mother.

The court has kept her in the facility 7 months now, she's anxious, confused, overmedicated and desperate. My sister tells her if she doesn't stop complaining, she's going to turn her over to the state, and who knows what they'll do with her. Please help mom.

Maryann Destefano
(516)721-5586

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Dear Maryann;

After talking to you over the phone I could not get over how similar our stories were
The story of elder exploitation and abuse sounds eerily like my own here in Florida in the early stages, it seems that people who do this think alike.

My brother was having major financial problems, he was in foreclosure and had Federal Tax Warrants against him as well as other legal actions.

Other than Dementia, Alzheimer, and short term memory loss my mother rode a Trike 3x a week and was in perfect physical health. WE always asked for a handicapped room when we traveled and never left her alone.

Once Adalberto J. Fernandez a.k.a. Al and William A. Hart a.k.a. Bill started experiencing financial problems, they took Clara and left her alone in a Motel Room , according to emergency room records she was drugged and left alone, when Al and Bill found her with a serious head injury, and she was also not expected to live!But not before they had transferred all control of her finances over to themselves.

*They executed Quit Claim Deeds whose signature even to un trained eyes did not match hers.
*They executed a POA who the court later declared NOT to be valid.
*Using this POA the closed out all her accounts,Bonds,Stock, CD's and had the money sent to them with Clara as payee, but of course Clara was not aware of an of this, not was she in an condition to agree as she was fighting for her life.
*They tied her existing accounts to their own using Overdraft protection then overdrew their accounts until there was nothing left in hers.

I am publishing these photos to expose the inhumanity to which these elders were subjected to (Dr. A.J. Fernandez died Jan 9th 2005 because of the stress of the situation) for the sake of financial gain for a few who continue to ply their trade in human suffering in order to financially profit at any cost.

When all of these was happening Clara was drugged with the strongest cocktail of drugs known, drugs that would knock young healthy human being down, and the Florida Division of Children and Families was the only agency that could have protected her from serious injury, after several complaints that were made BEFORE Clara was injured they did nothing, the DCF in Bartow,Florida more specifically supervisor Roselynn Smith and Clay Kellam called us on December 24th,2004 to tell the worried family that they lacked police powers and there was nothing the could do to protect Clara from injury.

It is regrettable that I have to publish these pictures to show how the authorities fail to provide even a modicum of protection for elders and when siblings fight and the elders get caught in the crossfire and are seriously injured and killed how they will just look the other way!

WE can put men on the moon but we are not able to provide protection for our elders or when a sibling gone bad goes on a rampage, we can not be bothered to protect the lives of these elders!

Or could it be that more money is to be made if we look the other way , call it a civil matter and feed the courts and it's servants because the authorities in charge of protecting our elders do not have the intelligence or political will to investigate and separate the good guys from the bad guys?

Ray Fernandez
Editor