Emergency Guardian Appointed Letter Asking the Elder and Assets Be Returned

"An Example of Fraud is the Situation where one Influences a Testator that another Relative has stirred up Trouble."

The conclusion by a non-expert that a testator was under the influence and control of another is inadmissible. The statements or declaration of a deceased testator may be admitted to show state of mind.

The content of earlier wills may be admitted to show undue influence in a later will. While laymen and experts both are allowed to offer opinions as to testamentary capacity, they are limited in testifying as to undue influence.
- Irwin Perry M.D. J.D.

Comment 1. -
"the testator, misled by fraud, will often do so with pleasure and satisfaction."

Comment 2. -
"An example of fraud is the situation where one influences a testator that another relative has stirred up trouble."

Comment 3. -
"it requires much less influence to control the will of a person whose functional abilities have been severely impaired by mental illness or physical conditions which affect mental functioning." - Irwin Perry M.D. J.D.


An email sent to a family member from the Andy Thornal Co. accuses family members of stirring up trouble.





The Minimum Required Distribution is a routine transaction done every year and under the principals direction, POA and Contractual agreement. In Clara's absence the MRD was processed routinely as part of keeping Clara's and A.J.'s Estate running smoothly.





This deposit slip shows the Minimum Required Distribution going into the Elders account as a routine transaction and the funds going towards A.J.'s and Clara's health care, as was customary, this transaction, along with 5 years worth of credit card and bank accounts records was audited during a three month period and there was absolutely NO wrongdoing by the elders long term and contractual caregivers.

DCF Writes Back Re: Mr. James Grible Investigation

Overdosage of Medications

Drugs given " At Dosis MUCH higher than commonly used for a person her age: Dr Aguinaga MD

Fla Statues 709.8 Section 9 Power of Attorney and Incompentency

.... or if in the case of a Durable Power of Attorney ,that no Petition for Incompetency or Guardianship for Mental Incapacity be filed. Fla Statues 709.8 Section 9 . Clara G. Fernandez Filed a petition for Appoinment of Emergency Temporary Guardian filed on 14th April 2005 rendering all powers of attorney invalid according to Fla St 709.8

Court Appoints Emergency Plenary Guardian

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

Emergency Temporary Guardianship Orders

Order Appointing Plenary Guardian of Person and Property, Angela McClain

July 4th 2005 Drinking , Pushing and Falling

With alchohol flowing freely, and Clara under a cocktail of sedatives, is it any wonder that she is hospitalized often for falls. such as this Independence day emergeny room visit for a fall.

Clara had been told " Your Husband is Dead"

Vulnerabilities of Victims Impede Detection of Abuse

preexisting cognitive deficit such as dementia not only impairs the ability of victims to communicate but potentially compounds the trauma of the sexual assault.[9] The vulnerability of this population places them at unusually high risk for severe traumatic reactions to assault, researchers assessed, noting that 11 of the 20 victims died within 12 months of the assault.[10] Many of the victims remained silent about the attack—the incidents came to light only after suspicious signs or evidence were noted by a staff or family member.[11]

Catherine C. McNamee is a Social Science Analyst at the National Institute of Justice. Mary B. Murphy is the Managing Editor of the NIJ Journal.