Announcing the Guardianship Shield Program

Guardianship abuse has reached the level of a national epidemic. Those whose family members have been abused by a guardian quickly find that there is often no legal redress. The Guardianship Shield program is designed to actívate a national network of human rights members who will take constructive action to protect the vulnerable person.

The Guardianship Shield is a proactive, grassroots program which issues human rights alerts concerning individuals at risk for problematic or coercive guardianship practices. These alerts go out to all the GS members and to human rights groups. The GS members agree to contact the parties and institutions involved in initiating the actions in question and advise these parties of their concerns. The GS members also agree to contact local media in an effort to raise public awareness of specific incidents of guardianship abuse.

The issues that the Shield program addresses :

1) removal of protected person from home

2) Isolation of protected person

3) Efforts to sell home without permission of protected person

4) Attempts to legally restrain concerned family and friends

5) Efforts by guardian to remove family/friends as Power of Health Care

6) Efforts by guardian to withhold necessary medical care from protected person

How it Works:

If a family or friend is at risk for the above, the Shield member will contact the Shield Coordinator and ask for a public human rights alert to be issued. The Shield Coordinator will evaluate the request and then may issue the alert to all the Shield members and also to other human rights groups.

By adding your name to the Shield Program, you are stating that you will take action on the behalf of others in the Shield Program. While we cannot guarantee the results in any particular action taken by the Shield Program members, we know first hand of many cases of guardianship abuse where public attention resulted in the abuse being curtailed and stopped.

The Guardianship Shield program is not intended to replace legal advocacy. We are not lawyers and do not give legal advice. All communications with the Shield coordinator are confidential and not subject to disclosure. There is an administrative fee of $60 per year for membership.

To join the Guardianship Shield Program please send an email with the header “Shield” to ShieldCoordinator@live.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Another Approach to Probate Corruption

This is an interesting approach that might help open criminal investigations into abusive probate cases. It was suggested by a grassroots activist in Arizona.

I would recommend that you post on your blog for probate victims to contact their Congressman/woman and request a “Privacy Act Consent Form” be sent to them so that they can request investigations by the FBI and U.S. Attorney in their states.

It is also very important that they prepare an affidavit with the following:

1. Concise factual statement to the point.
2. Concentrate on the most outrageous instances of abuse and how they (judges,attorneys,fiduciaries and guardians) intended the reasonable consequences that ensue, that is, raiding of the estate.
3. Show a common theme that will help establish the conclusion that judges, fiduciaries, attorneys and guardians are participants in a pattern of wrongdoing that satisfies the elements of a corrupt enterprise under the federal or state RICO laws.

My flow charts are what is know as a “sociogram” which the FBI uses to bust criminal syndicates as they just did two weeks ago. I would recommend that the victims make a sociogram of their cases to submit to their Congressman, U.S. Attorney (in their state), FBI and Attorney General. Our PAC Committee for Judicial Accountability, Reform and Justice (CJARJ) will be offering help to our members in preparing their “sociograms.”

EstateofDenial.com has long said that any meaningful change to the racket currently functioning as today’s probate system will only occur in response to challenges on multiple fronts. In other words, you’ve got to come at this from all directions. And here is another direction.

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.

Ila Swan: Effective Protector of Patients in the USA!

From Brenda Durant:

Here are some articles about Ila Swan:

The article below article appeared in the Medical Journal in Australia.
Dear member,

Ila Swan is a very remarkable lady. An ordinary (really extra-ordinary) member of the US community with no medical knowledge. She discovered what was happening through her own experiences, became intensely involved and put her heart and mind into doing something about it. She marched, she carried placards, she went out and gathered information herself - thousands of death certificates - photographs - hidden video cameras. She went to political hearings, interrupted and aggressively challenged politicians with the funding they received from nursing homes and the protection which they gave the industry. She commenced a Qui Tam action on behalf of the government. The information she provided was sufficient to convince influential people. Several GAO investigations and federal senate hearings followed.

Citizens in states across the USA took up the challenge and forced investigations and hearings. The revelations and much of the material I have supplied you about nursing homes are a consequence one way or another of her efforts. She was a motivating force behind the recent CBC news investigation and the focus of one of the segments. She has appeared on Japanese television explaining what happens in a for profit system and urging the Japanese people to reject it. She wants a citizens movement to force the United Nations to confront the stark facts of US corporate nursing homes and address it as an international human rights issue.

It is people like this, not government regulators who expose what is happening and take action. There is a vast pool of motivation and human concern to be tapped. The community nursing home where Mrs. Bishop's father is a resident is an illustration of the contribution which the community can make and an illustration of how much more effective they are than any formal government backed oversight or accreditation process. We ignore the human potential and humanity of our citizens at our peril. If we are to provide a caring service for those in need then they must be intimately involved, honest, trusting, cooperating, assisting, criticizing, monitoring, suggesting, even being difficult and disruptive.

This is simply not possible in a competitive market system where successful detection of problems and their containment is dependent on every one involved, patients, relatives and regulators being distrustful and suspicious - shopping around. In the market the disclosure of failures is a threat to economic survival and every effort is made to hide deficiencies. How can we build or maintain a society in this way? We are a community of human beings and not an impersonal marketplace driven by market principles and competition. The logic of deliberately driving a system with severely disruptive competitive pressures and then expecting to stop the problems by regulation and policing escapes me. In such a system unintended and undesirable side effects and outcomes are inevitable.

I include the text of a letter written to the Calgary Sun by Ila warning Canadians not to adopt the US system. The Sun, once a supporter of health care reform, has done its homework and is now critical of government conduct. The letter is "pure Ila" in expression. It may be difficult for an editor to publish because of its length. It would not be published in any Australian newspaper until it had been edited to extinction. It reflects the kindness, concern and humanity of the American people. Those of you who have travelled in that country will have experienced the warmth, responsiveness and kindness of the people - the willingness to be helpful, the smiling "you're welcome" to any word of thanks.

You will also be aware of their pride in America, its history and its way of life - their sense of who they are. What is happening in that country today is a profound challenge to "self" - the sort of people they really are - a very disturbing experience. Ila's letter reflects the anguish of identity in the community as it is faced with this problem - a challenge to their sense of being a "decent" people - a challenge to their strongly held historical views of the benefit of the marketplace and its role in democracy. They are finding that this great free country selling democracy to the world is no longer a democracy. It is governed by large dishonest groups with money - the buying of politicians, the control of peoples minds by marketing and buying advertising. The market has become a threat to democracy.
It is a great credit to Americans that instead of closing ranks, ordinary citizens rather than leaders have been open and self critical. I have never had to explain what I was concerned about. They have known immediately and with few exceptions have supplied me with information and assistance knowing that I would use it to attack the US health system and this would reflect on their country. They have been more concerned for our welfare and the threat which their system poses for us. These, not the multinationals are the real "global citizens" - our hope for a human world.
US people are better equipped than any other to lead the way into a shared global society. They are open, honest and very willing. At the grass roots level they are ideal global citizens. However until they reform government and harness their corporate system to the will of the people they remain a threat to the rest of the world. With their wealth and technology, and this wonderful resource of human feeling they are in a better position to lead in developing participatory democracy and then a global community than anyone else.

Ila never loses an opportunity to spread her message. I am sure that she will not mind my sharing her letter with you.

Ila's important message to Canadians is in her last paragraph. It is expressed in her usual style.

"I will tell you, like I told Japan, DO NOT ALLOW US NURSING HOMES IN YOUR COUNTRY. Do not allow your wonderful non-profit system to be taken over by for profit hospitals and health care industries. The US is a sorry example of what happens when money is involved with your health care. The minute these for-profit companies move in, they start shoving money into your governments pockets, then they become obligated to this killer industry and your citizens will be the ones that suffer. If for profit health care is allowed in your country, it will be a terrible injustice for your citizens."

This is the message from someone who has walked through hundreds of nursing homes documenting what happens. She has looked more closely at the US for profit aged care system than anyone else in the world. We should listen.

J Michael Wynne
Physician and Editor

7 Habits of Highly Frugal People

The book 7 Habits of Highly Effective People has sold over 15 million copies since it was first published in 1989, teaching people all over the world how to live a happier, more successful and more satisfying life. One of the prevailing themes of the book is the fact that to change your life you need to change your attitude because no one else is responsible for what happens to you but you, so you can either complain about the things you don’t like in your life or you can set about changing them. Not surprisingly, this directly relates to the state of your finances.

If you are tired of living week to week, of having your phone regularly cut off or having to make excuses to skip dinners with your friends if the money has run out before the end of the month then you can use the seven habits of highly effective people to take control of your money situation and live a more frugal lifestyle, and a happier one.

Read it all here=>>MoneyNing.Com

We Need Your Signature

Will you help us get the word out so we can get 25 more signatures.

We will make the 1000 mark.

I would like to do a press release when we hit 1000.

Can you please pass the word?

Latifa S. Ring

Elder Abuse Victims Advocates

8119 Western Trail Dr.

Houston, Texas 77040

(713) 443-6441

www.endguardianshipabuse.com

latifa.ring@comcast.net

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

Editors note: Please help keep elder abuse in the public eye, everyone please come over to the site www.endguardianshipabuse.com and sign Latifa's petition, here=>>sign petition here do not let our elders, Latifa or yourself down, come and sign the petition!

Are You "Out of Touch"?

ManNotes from the Field Date: July 26, 2010
Reporting From: Krakow, Poland

By the late summer of 1939, Hitler's forces had absorbed Austria and Czechoslovakia into his growing empire, and Germany's military was massed at the Polish border clearly preparing for invasion.

In an astonishing display of perhaps the greatest complacency in the history of the modern world, however, Polish people sat lazing about their lakes, beaches, and riverbanks worrying about more pressing matters-- like how to beat the summer heat.

In September of that year, German troops easily vanquished the Polish army, and Krakow became the colonial seat of the occupying forces. Almost immediately, under the direction of the German SS, anyone who posed a threat was rounded up and imprisoned. This included over 180 Polish university professors and many businessmen.

Krakow, of course, is also very close to two of the main concentration camps used during the German occupation, nearby Oswiecim (Auschwitz) and Plaszow.

The worst part is that, even after the war was over, Poland merely swapped fascism for Stalinism. Overall, the country was shrouded in brutal totalitarian control for half a century; undoubtedly, the Nazi invasion of Poland set off a chain of events that would forever affect the lives of all Poles.

It's true that no one had a crystal ball back then... but it would certainly stand to reason that with Hitler knocking at your door, you would probably want to have an escape plan. Even more prudently, perhaps to have already executed it.

Many Poles did just that; they spent the preceding seasons liquidating assets, stocking up on gold, and getting their travel documents in order. By the time Hitler came to town, many of the smart ones were already gone.

My guess is that the ones who left were probably ridiculed by their peers as "crazy", or "fringe", or "out of touch", or my personal favorite, "unpatriotic." It's as if they had a solemn national duty to stay, get roped up and waste away in a concentration camp for the 'greater good' of Poland.

For those who escaped before the war, many of them went on to build new lives in places like the United States, Brazil, and Argentina. They prioritized freedom and opportunity, and they went to the best places that were safest for themselves and their families.

I've met a businessman here (I'll call him "Jarek") who I think has the best story to sum this up; when Jarek's father was just a boy in Krakow, the family saw the warning signs and decided to leave town. This was 1938.

Jarek's grandfather owned a successful bakery at the time, yet he felt that he would rather start over somewhere else than risk the safety of his family by living in a police state. They sold everything-- the house, livestock, and business... and everyone else thought they were crazy.

Within six months, the family was in Curitiba, Brazil; Jarek's grandfather soon established a new bakery that eventually became a thriving business. Jarek's father grew up in Curitiba and integrated into the local culture, yet he maintained his roots since there were many other Poles who followed them there.

30-years later, the face of Brazil started to change. By the mid-1960s, the whole of Latin America was becoming a military dictatorship. Once again, the family decided to get out while they could and head towards better opportunity; they sold the business, liquidated their assets, and this time headed towards the United States.

Jarek was just a baby when the family made this move. He grew up in a Polish neighborhood of Chicago, spoke Polish at home, and married a Polish girl from his neighborhood.

He was working as a young real estate professional in the Chicago suburbs when the Berlin Wall fell, at which point he began making more frequent trips to Poland to visit his family's homeland.

In his subsequent trips throughout the following years, Jarek began feeling like there was more and more opportunity in Poland; in 2003, fearful of what would happen in Chicago because of the "War on Terror," Jarek moved his family full-circle back to Poland because he felt like it was the safest, most opportunity-rich place for him to be.

He may have been right; his business is booming, and the family really enjoys the life they have built for themselves here. To listen to him talk, though, they would happily leave and go somewhere else if the right circumstances were presented.

"My most important obligation is to my family," he told me. "I will go wherever I can provide the best life for them, whether that is Poland, America, Brazil, or anywhere else. Nothing lasts forever, you have to expect that these things will change from time to time. People have to learn to change as well, to not get rooted in ideology.

"I think Jarek has an interesting point; I'd really like to hear from you, though,
What do you think?

Simon Black
Senior Editor
SovereignMan.com

How to Bribe a Judge

Assistance With Debt Repayment is Sure to Gain His Favor Taking out large sums of money in the form of property loans and later paying them back is one method that a judge might employ to conceal the fact that he or she is being enriched from an outside source. When a judge's income is inadequate to serve as the source of loan repayments, it is likely that the funds are coming from somewhere else.

SAN BERNARDINO, CA — Several years ago, all of the county's probate and conservatorship cases were moved to the Redlands Courthouse, and most of these cases were subsequently heard by Judge James M. Welch.

Recent documents obtained by the Sentinel point to suspicious financial activity by Welch, who at one point in time was the presiding judge of San Bernardino County. Welch was featured in an article in the Sentinel on June 12th of this year in a lengthy exposé regarding questionable business practices by Melodie Z. Scott, a professional fiduciary and conservator for the elderly. Scott is President of C.A.R.E., Inc., located at 25 E. State Street in Redlands, right around the corner from the courthouse.

The activities by Scott cited by the Sentinel as questionable involved giving conservatee property to her own family members, overcharges on her clients' accounts, missing monies from clients' accounts, selling conservatee property at bargain basement rates only to have the property jump in value and resold the next year, withholding medical care from conservatees resulting in death, and allegations of possible undue influence on judges.

The documents uncovered relating to Judge Welch reveal that he has mortgaged his primary residence, located in the 300 block of La Colina in Redlands several times in recent years, encumbering it with loans which could not possibly be paid back on a judge's salary in the brief turn-around time indicated by the reconveyances (repayment of loans). The document numbers and the size of the loans follow:

In 1998, Welch and his wife, Ginny, took out a loan for $217,200 on their La Colina residence, which was fully paid back in March of 2003. The reconveyance document number attached to this transaction is 2003-0173087.

In February of 2003, James and Ginny Welch took out another loan on their residence, this time for $234,000. This was fully paid back by June 10, 2004, as listed in document number 2004-0410928.

Another loan was taken out by the Welches on May 17, 2004, as listed in document number 2004-0353533. This loan was for $358,965.71.

Messages were left with Welch's secretary, inquiring as to where the money was going and how he was paying these loans back. The possibility that Welch was taking out loans and investing the money, then paying back the loans with the proceeds was considered and discarded. For the last seven years, Welch has reported to the Fair Political Practices Commission on his form 700 financial disclosure statements that he has no investments.

A query was also left with Judge Welch's secretary as to three property transactions recorded in neighboring Riverside County, attributed to a James Michael Welch, Trustee.

Judge Welch has declined to comment. Presiding judge Jim McGuire issued a terse letter on August 12th, 2009, in response to an inquiry from the Sentinel about the Welch loans and Riverside County transactions. McGuire stated:

Please be advised that I have received and reviewed your letter of August 11, 2009. Please be further advised that I am an administrative presiding judge and, therefore, my review jurisdiction is limited. Nothing contained in your letter is of a nature over which I would have review jurisdiction. Any request for review or investigation by me is, therefore, denied.

There has been no confirmation or denial from the court as to whether Welch's exodus from his probate assignment in Redlands had any bearing on the recent media scrutiny given his actions as a judge or his apparent bias towards cases involving Melodie Scott, who recently launched a legal protest concerning the denial of her fiduciary license by the California Professional Fiduciary Bureau.

This practice of judges taking out large loans appears to be widespread and crosses county boundaries. Information gathered on Commissioner John McCoy and Judge Sharon Waters (both of Riverside County) has recently been turned over to a Riverside County district attorney investigator, Jeff Chebahtah. While Chebahtah has acknowledged receipt of the information on the Waters and McCoy loans, he has at press time refused to assign a complaint/case file number. The practice of accepting evidence and refusing to assign a tracking number has been previously explored by this reporter in an article entitled: "How the California Justice System covers up crimes against the elderly: A method to the madness" and appears to be deployed when either the matter is too trivial for the district attorney to take seriously or when there is a political agenda to keep the report out of the system and thus not to investigate at all.

Parenthetically, both McCoy and Waters were recently and consecutively removed from an active case in Riverside Superior Court, following a protest lodged that the loans smacked of pay-offs or bribes.

In San Bernardino County, Judge Steven Mapes ascended to the bench in 2007 and currently sits on Barstow court, following his tenure as an deputy district attorney in San Bernardino. Mapes has also been involved in the loan program, apparently going back to 1998, when he took out a loan on his home on Patricia Drive for over $155,000. He subsequently took out further loans on his property, including loans for $100,000 in 2001 and 2002, another loan for $307,500, also in 2001, one for $88,500 in 2002 and a loan in 2004 which was in excess of the value of the house, recorded at the tax assessor's office as $427,528. This loan was taken out for a resounding $493,000.

More recently, in 2006, he again borrowed money against his property. Since 2001, Judge Steven Mapes has received seven different reconveyances on his loans.

Judge Mapes did not return calls from the Sentinel inquiring as to who was paying back these loans.

Crossposting of this story is for educational purposes under public domain and we in no way mean to infringe upon copyright laws.

From: Janet Phelan, "Judges Involved in Multiple Property Reconveyances," The San Bernardino County Sentinel, Rancho Cucamonga, CA, September 11, 2009. Janet Phelan is an investigative journalist. She can be contacted at janetclairephelan@yahoo.com. Reprinted in accordance with the "fair use" provision of Title 17 U.S.C. § 107 for a non-profit educational purpose.

Public Records Research Part 2

I like to start my search at the Tax assessors office because I can find a lot of information about the subject I am investigating there.

For instance I can find out how much they purportedly paid for the property, when it was deeded over to them and through what kind of Deed, a Warranty Deed or a Quit Claim Deed, a Quit Claim Deed is usually done by people who want to get the job done in a hurry and involve the least number of people as possible.

I can find out what kind of improvements they made to the property for instance added a swimming pool or an extra wing to the house.

There is lots of useful information that can be gleamed from the tax record, if the subject claims homestead or uses the property as a secondary investment property.

One you established this then is time to go to the : Clerk of the Circuit Court Records and further your research. Once here you want to look for a tab labeled Public Access to Public Records


Once you made it this far you should be able to search by :

	¤	Search By Name
	¤	Search By Name Advanced.
	¤	Search By Case No.
	¤	Search By Case No. Advanced
	¤	Judge Calendar
	¤	Help

This is what PI's do , you can find out if someone is in the habit of paying their traffic fines, foreclosures, injunctions ,family violence history, and you can get to know someone quite intimately sadly this is to often done after the damage has been done. Flim flam artists often leave a long trail of destruction in many counties and you have become one more in a long list of statistics......

Judges are better than average people in covering their tracks and can often use surnames, friends,lovers,acquaintances , Once you get familiar and start researching your judges you might be surprised at what you find.

I once found a wealthy landlord who had gotten all his properties from widows who had Alzheimer's and often took mortgages in their names to cover up his tracks of course you can bet they never saw any of the proceeds from the loans but that a story for another article.....

House Comitte Judiciary Hearings On Elder Financial Abuse

Latifa Ring's May 25, 2010 Congressional testimony. You can view this testimony online at http://www.c-spanvideo.org/program/id/224955. It begins 24:10 minutes into the video and runs for 8 minutes (until the 32:22 minute mark). Acquaintances would recommend you listen to the questions that follow her presentation, her comment beginning at 41:10, Mark Glasser's comments beginning at 42:35 (immediately following Latifa's comments), Texas Congressman Louie Gohmert's beginning at 44:50 (immediately following Mark's comments), Texas Congressman Ted Poe's comments beginning at 51:41 (immediately following Louie's comments), etc.

A transcript of Latifa's testimony can be downloaded from http://judiciary.house.gov/hearings/hear_100525.html.

HALT's issue brief (Appendix C of Latifa's testimony) can be downloaded as http://www.halt.org/reform_projects/freedom_of_legal_information/pdf/Issue_Brief_guardianships.pdf from http://www.halt.org/lic/dir.php?cid=10. This and other HALT materials on guardianships can be found on its website by entering "guardianship" in the search box on HALT's website.

Diane Armstrong is an active Elder Abuse advocate . You can find information about Diane and her book on the abuse of involuntary guardianships by Googling "Diane Armstrong" >> guardianship or visiting Diane's webpage at http://www.retirementnightmare.com/. A transcript of Diane's 2003 testimony (and others) before the U.S. Senate Special Committee on Aging can be downloaded as http://aging.senate.gov/events/hr93da.pdf

from http://aging.senate.gov/hearing_detail.cfm?id=271872& (This link works for me when I use IE7, but appears broken when I use Firefox. If you need me to, I can send you a copy of this transcript as an e-mail attachement.)

A sickening plethora of similar material exists. See, for example, all the material collected by the National Association to Stop Guardian Abuse which is linked to http://nasga-stopguardianabuse.blogspot.com/. Scroll down along the right edge of this webpage to near its bottom to find materials specific to your state.

Witnesses testified about enforcement of the Senior Financial Empowerment Act of 2009. They addressed issues pertaining to mail, telemarketing and Internet fraud targeting seniors.

http://www.c-spanvideo.org/program/293692-2

I hope you find this material helpful.

Tom Fields

5th Annual World Elder Abuse Awareness Day

The June 2010 issue of the NCEA E-News is now online! To read the new issue, go to:

http://www.ncea.aoa.gov/NCEAroot/Main_Site/Resources/Newsletter/current_newsletter.pdf


Here are some of the highlights:

Around the globe, plans to commemorate the 5th Annual World Elder Abuse Awareness Day are underway. NCEA is involved in a number of initiatives to raise awareness and to support community efforts as well.

National initiatives to observe World Day 2010, including the first federal commemoration sponsored by the US Department of Health and Human Services and the Department of Justice.

Beginning on June 15 at 8:30pm ET (World Elder Abuse Awareness Day), Link TV will broadcast An Age for Justice, the film created for the Elder Justice Now campaign with footage provided by local video advocates across the U.S. WITNESS and NCOA have recently launched a national screening initiative to widely distribute the film and 11 individual videos as a tool for raising awareness about the silent issue of elder abuse (http://elderjusticenow.org/host-a-screening/).

Link TV is an independent non-commercial network devoted to global issues, available in 32 million U.S. homes receiving satellite television on DIRECTV channel 375 and DISH Network channel 9410. Select programs are shown on more than 170 local cable systems, on many college campus channels and streamed worldwide on the Internet. For more information, visit http://www.linktv.org.

Learn more about the broadcast on this Link TV page: http://www.linktv.org/programs/age-for-justice.

Marci Phillips Kelly Matheson

NCOA Director of Public Policy and Advocacy WITNESS Program Manager for the Americas

marci.phillips@ncoa.org kelly@witness.org

Marci Phillips, Director of Public Policy and Advocacy,National Council on Aging

1901 L Street NW, 4th Floor. Washington, DC 20036

Phone: (202) 479-6658

Fax: (202) 479-0735

Email: marci.phillips@ncoa.org

Website: www.ncoa.org

www.AgingExchange.org

From coast to coast, from classic car shows to conferences, communities are mounting creative and diverse events to raise public awareness and enhance the professional response to elder abuse. In this issue, representatives from twenty states and two countries share news of activities planned in their regions.

"Senior Crime Busters" is an initiative in Westchester County, NY, that is marking its second anniversary.

The elder abuse prevention and response bid farewell to advocate, practitioner, and researcher, Dr. Pat Stanis.

Online resources...Funding opportunities...Calendar of Events....and More!

MASSIVE CLOSINGS OF SENIOR CENTERS

WNBC NEWS, CHANNEL 4, CARRIES MASSIVE CLOSINGS OF SENIOR CENTERS ON ITS WEBSITE AND ON TONIGHT’S NEWS

http://www.nbcnewyork.com:80/news/local-beat/State-Budget-Could-Force-City-to-Close-Dozens-of-Senior-Centers-85362432.html

The more hits to the senior center story on WNBC’s website, the better so NBC sees this is an important story.

The story will air tonight either on the 6:00 PM or 11:00 PM news.

Please go to the CSCS website – www.cscs-ny.org to see the alert on this devastating cut. Immediate calls and letters must go to Governor Paterson and your state assemblymember and state senator.


For further information, contact Bobbie Sackman, (212) 398-6565 x226 or bsackman@cscs-ny.org

Independent Elder Task Abuse Force Throws Monkey Wrench Into Elder Abuse Racket

GENESEE COUNTY, Mich. -- Genesee County’s elder abuse task force is credited with saving countless seniors who are abused and neglected every year.

WNEM TV5’s Julie Banovic was given exclusive access to the team -- as it cracked another case in Genesee County.

In 2006, Dr. Dorothy Mulkey, of Flushing, was diagnosed with dementia.
She told WNEM TV5 she trusted Andrea Neil, her former office manager, to be her caretaker.

Not having any children of her own with her husband having recently died, Mulkey depended on Andrea and her husband Steven just like they were family.

"Who would assume that someone with that many years of trust and devotion would turn like that on you,” said Diane Nims, Executive Director of the elder abuse task force.
The doctor paid the Niels to run errands, pick up groceries and even get prescriptions filled. But what Mulkey didn’t know was that the couple was over medicating her.

Authorities said she was drugged so badly she didn’t know her own name.
"It took 12 days to detox this doctor so we could get her back to where she had some recognition and some memory of who she was,” said Genesee County Sheriff Robert J. Pickell.
WNEM TV5 reported that Mulkey was only allowed out of her drugged state on days when she was asked to sign checks.

Authorities said Andrea and Steven tricked her into signing over $3 million.

"I was devastated really,” Mulkey said. "They had me so doped up that I did whatever she suggested. I think she would have probably murdered me in the end.” The Niels were not shy about spending their newly found $3 million fortune neither.

Pickell said the scheme nearly worked, since those close to Mulkey were not suspicious of any illegal activity.

The Neils were considered family, and more importantly, there were no signs of physical abuse seen in traditional elder abuse cases. "If this (elder abuse task) unit didn’t exist, this case would have fallen right through the crack,” Pickell said.

The division, dedicated solely to crimes against the elderly, received a tip from Mulkey’s financial institution warning them she appeared “zombie-like” during a recent visit.
An intake worker then followed up with a home visit. An interview with the drugged doctor quickly aroused suspicion and Mulkey was immediately admitted to the hospital. It took almost two weeks to flush the heavy medications out of her system.

“I feel great now,” Mulkey said. “I think most of that dope is washed out me, whatever she was giving me.”

Andrea was arrested in December and charged with elder abuse and embezzlement. It took another month to gather enough evidence to also charge her husband, Steven. The couple is now in jail awaiting a trial.

So far the elder abuse task force has helped save over 2,000 lives in Genesee County.
"I lived through it," Mulkey said. "Thank God I didn’t die."

For assistance with the care of an elder, information about services or to report a concern, call 810-762-4022 .

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I am so happy to have some positive news to report ! Independently created Elder Abuse Task Forces is the only thing that works, when citizens finally say enough and take matters into their own hand!

Re: Protocols - Questions Must be Asked?

Irene Masiello brought to our attention that there are protocols, however there are some important questions that must be asked regarding elder protection in financial exploitation cases which is being called the crime of the 21st century which according to the 1998 National Elder Abuse Incidence Study, only 20% of elder abuse cases are reported. Other studies suggest as few as 7% of cases are reported.

Such crimes include embezzlement, false pretense, trick and device, and undue influence. Perpetrators may try to obtain the victim’s assets through the use of legal documents such as joint tenancy agreements, powers of attorney, quitclaim deeds, wills, or trusts in addition to simple theft and forgery.

*Is there any law which mandates that the protocol be used in any specific situation?

*Do they define any of the specific criteria included in recommended checklists that should trigger their use?

*Do they require any specific questions be asked under any specific circumstances?

The "I-D-E-A-L" Model For Analyzing Potential Undue Influence in Financial Cases

• Isolation
• Dependence upon the perpetrator
• Emotional Manipulation or Exploitation of Vulnerability
• Acquiescence
• Loss

1. Isolation from pertinent information, friends, relatives, or usual advisors. Common causes that need documentation are:

a.Naturally occurring, or pre-existing history of poor or non-existent relationships. Examples include: hostile relationships with family existing before the suspected abuse, a lack of living relatives, or having few friendships.

b.Medical disorders affecting the body or the brain are common causes of isolation. Examples include: diabetes, heart disease, deafness, blindness, dementia, depression, or other psychiatric illnesses.

c.Perpetrator interference is another common cause. Examples include: blocking telephone calls, intercepting mail, blocking visitors, or "chaperoning" (i.e., the perpetrator is present whenever victim has contact with others).

d.Geographic or technological isolation is the least common cause. Victims cannot contact or have access to friends, family, relatives, or appropriate professionals. Examples include: lack of telephone or lack of transportation.

2. Dependence upon the perpetrator. Common causes that need documentation are:
a. Physical dependence: Examples include food preparation, taking victim to physicians, etc.
b. Emotional dependence: Examples include sweetheart scams, unemployed son moving back in with widowed mother, new boyfriend/girlfriend.
c. Information dependence: Examples include professionals/advisors who misuse positions of trust to manipulate their victims.

3. Emotional Manipulation - Any emotion may be manipulated, but the most common emotion to be manipulated is fear.or Exploitation of Vulnerability - The perpetrator may exploit a victim’s known or suspected vulnerability.

a.Emotional manipulation often centers on issues of companionship/friendship and safety/security. Promises that these will be maintained if the victim complies, or threats that these will be lost if the victim disobeys, are common.

b.Examine the statements and behavior of both the suspect and victim for evidence of emotional manipulation. It is especially important to document any changed or altered behavior.

c.Exploitation of vulnerabilities includes behaviors such as providing alcohol to a drinker in exchange for benefits; having a vision-impaired person sign a legal document; or misrepresenting documents to the cognitively impaired.

4. Acquiescence - The victim appears to consent or submit, but does so because of items 1, 2, and 3.

a.Document the victim’s history of submitting to others, in addition to his or her general behavior.

b.The perpetrator may not directly ask the victim to give money or property.

c.If there is no acquiescence by the victim, consider other prosecutable acts, such as embezzlement, false pretense, or trick and device.

5. Loss – This refers to actual financial loss.

a.Financial loss is usually necessary for criminal prosecution. It is helpful, but not always necessary, for civil litigation.

b.Document all financial losses in chronological order, to help organize evidence associated with each loss.

Undue Influence Worksheets for Police, APS, and Probate Investigators Page 4 of 8
Copyright © 2002 by Bennett Blum, M.D. and Tom Feledy, M.B.A. All Rights Reserved.

There Are Protocols........

There are professional protocols (and have been for years!) that are accepted by legal and medical professionals, social workers, courts, etc. in most of the Western Hemisphere which were created by [Rabbi] Bennett Blum, MD (co-author of "suicide by cop").

Dr. Blum's work pertains specifically to undue influence, diminished capacity, when to call a psychiatrist for professional evaluation, understanding the medical criteria, what infirmities (physical, mental, nutritional) lead to diminishing capacity, explanation of medical terms, types of dementia, warning signs, etc, in my book.

In the afterword of 2nd edition of my book, Dr. Blum generously added his brilliant, easy to understand, pioneering work (see above) through the use of his acronyms, "IDEAL" &"PARADISE 2" simplify complex issues so that a layman can easily apply and document his protocols through use of his work sheets which are contained in my book.

My book also provides lists of the components of dysfunctional families, et al. such as substance abuse, personality attributes (in abuser and victim) and issues, etc, the early warning signs that the elderly are "at risk", what behaviors are early red flags, etc.

Paradise Costs-A Victim's Daughter Fights Back against Elder Abuse was invited and is now part of the largest government data base for scholarly, academic and professional information on elder abuse, neglect and exploitation at the U of Delaware. See: www.ParadiseCosts.com

Irene A. Masiello
Author: Paradise Costs- A Victim's Daughter Fights Back Against Elder Abuse
Afterword by: Bennett Blum, M.D.
www.ParadiseCosts.com
www.BennettBlumMD.com

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

Confidentially notice-this e-mail and its attachment(s) are solely intended for the addressed recipient. It may contain confidential information that is copyrighted, proprietary or legally privileged. If you are not the intended recipient please destroy this e-mail and its attachments and notify the sender.
(c) Copyright, Irene A. Masiello, all rights reserved

Of Guardianships, the FTC and RICO

Editor's note: Desperate Americans are attempting to use the RICO ACT for those unfamiliar with the term, RICO stands for the Racketeer Influenced and Corrupt Organizations Act. We at EA doubt that our esteemed Probate Judges who are beyond reproach and answer to no one except in the most blatant acts of pilfering, the attorneys who are under the cover of the ABA and the Guardians who are above the law and answer to no one can be tied in to racketeering and held accountable, we must however give them a B for effort!

Courtesy of EstateOfDenial.Com

Catherine O’Laughlin requests that the FTC consider joint complaints recently filed to the FTC regarding Elder Abuse by professionals as a result of activities which constitute racketeering from a RICO Enterprise. The RICO Act makes it unlawful for any person to conduct or participate directly or indirectly of an enterprise though a pattern of racketeering activity.

Under 18 U.S.C. Section 1962 (c) the complaints filed with the FTC will establish the (1) the conduct (2) the enterprise (3) a pattern and finally (4) the racketeering activity.

The most critical element of the RICO violation is a pattern of racketeering activity. This outline will demonstrate with particularity as to the time, place and contents of false representations, with the identity of the person making those representations and what was obtained by fraud. These persons involved in the commission of fraud will show repeatedly the pattern of licensed professionals regulated by State statutory agencies that showed reckless disregard and negligence towards the victims of crime. These are ongoing activities which are profoundly institutionalized and pose a harmful threat to democracy and the well being of vulnerable citizens, mainly the elderly, the disabled, and minor children.

The relationship between the attorneys and the conservator/guardian is that their private enterprise fronts as a legitimate business which renders services to the State Courts and to its citizens under a strict oath of ethical conduct and statutes of law. The enterprises are the law offices and the persons involved in the racketeering are the conservator-guardians who are not employees of that enterprise but interact in the commission of fraud with these enterprises. Mail fraud is incident to the essential part of the scheme which defrauded the victims and clearly satisfies the element of mail fraud.

B12 Shots: A Great Way Boost Your Energy and Improve Your Health

Vitamin B12 shots for weight loss, healthy skin , reducing stress, energy boosters, and so much more.
Because of that experience and my doctor’s words about how great these shots are for one’s overall health I have decided to make them a new part of my health regime. Some people get them once a month while others get them as often as twice a week

“The typical dose is 1000 mcg (thousand micrograms), only aproximately 100 mcg of that is absorbed per shot.”

(source: http://dailystrength.org/c/Chronic_Fatigue_Syndrome/forum/1993236-b12-shots)

The effects of B12 shots are completely dependent upon the individual person. My doctor informed me that there is not really a given timeline that someone will feel the effects. He said that sometimes it can be a gradual process where you just feel better in small increments while other people feel the effects in a more sudden manner.

A site where you can learn all about this supplement see FAQ,Testimonials and order any supplies:
http://www.b12-shot.com/index.asp

Haiti Update: Some Brave Americans Really Making a Difference

http://www.blackfive.net/main/2010/01/rubicon-rescue-mission-haiti-day-3-aar-from-sf-medic.html#more

Please Support Team Rubicon as they are doing this on their own!

http://blog.teamrubiconhaiti.org/

Journalist Janet Phelan Has a Special Request

I have made contact with a legislative aide, state of Washington, concerning their new legislation protecting vulnerable elders. She is requesting examples of guardian abuse in that state.

Could recipients of this email who have had Washington state experience please email me right away?

Thanks guys!

Janet Phelan
writejanet@live.com
647 208-1522

Betrayed By The Bench

To return America to its foundations, citizens must remind themselves how our unique Declaration of Independence makes the United States different from any other nation in history. The Declaration proclaims that rights come not from a king, the government or a Constitution, but from God. Additionally, it states that a government was to be formed with the consent of the governed to make our God-given rights secure.