Saturday, April 5, 2008

May 1, 2008 Law Day

by Carl Bernofsky

"We all have a stake in the rule of law and we can all do our part to strengthen it," advises William Neukom, President, American Bar Association, in the opening pages of Law Day 2008, a catalog of ideas and paraphernalia designed by the ABA to help us celebrate Law Day on May 1st.
First proclaimed in 1958 by President Dwight D. Eisenhower, this year's Law Day marks the 50th anniversary of a "day of national dedication to the principle of government under law.

Judicial Conduct and Disability

If you have been treated unfairly by a federal judge and can show that he or she had a conflict of interest, exhibited prejudice, had been influenced by a bribe, disregarded the law, or had ignored, misrepresented or altered material evidence to your detriment, then the good news is that you are free to file a complaint of judicial misconduct against that judge.

The bad news is that under rules established unilaterally by the judicial bureaucracy, your complaint is likely to go nowhere.

Presently, the doctrine of judicial immunity, which gives broad protection to judges for their judicial activities, is supported by two pillars that judges have erected for themselves. The first is exemplified by the 1978 Supreme Court ruling in Stump v. Sparkman: "A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority." That ruling insures that judges cannot be sued for errors committed while on the bench.

The second pillar is the set of rules implemented by the Judicial Conference pursuant to the Judicial Conduct and Disability Act of 1980 (28 U.S.C. §§ 351-364), which regulates federal judicial discipline and complaints filed by litigants against federal judges. These rules generally provide judges with the means to dismiss complaints against them.

The public has been very vocal in its dissatisfaction with the way judges have dealt with complaints against their colleagues, and in 2004 - responding to similar concerns raised by Congress - the late Chief Justice William Rehnquist appointed a committee of judges, led by Justice Stephen Breyer, to gather data on how complaints against judges are handled and to offer recommendations.

The Breyer Committee Report, completed in September, 2006, concluded that very little needed to be changed in the way that federal judges police themselves, and in July, 2007 Breyer's Committee on Judicial Conduct and Disability released its "Draft Rules Governing Judicial Conduct and Disability Proceedings" for public comment. These draft rules, now adopted, have become the subject of heated controversy.

According to data compiled by Dr. Richard Cordero from figures published by the Administrative Office of the U.S. Courts, of the reported 7,462 judicial misconduct complaints filed during the 10-year period of 1997-2006, nearly 99.9 percent were dismissed with little or no explanation, regardless of merit. Confidentiality rules have prevented the public and members of Congress from inspecting these complaints.

The new Rules Governing Judicial Conduct and Disability Proceedings, adopted at the March 11, 2008 meeting of the Committee on Judicial Conduct and Disability, chaired by Judge Ralph K. Winter of the 2nd Circuit Court of Appeals in Brooklyn, New York, will now render meaningless any complaint alleging that important evidence was ignored or misrepresented, or that a judicial outcome was invalid because of bias or conflict of interest. Such allegations would automatically be considered "merits-related" and dismissed without further investigation.

The Center for Judicial Accountability, a New York based nonprofit organization that advocates for effective and meaningful judicial selection and discipline, attempted to dissuade the Judicial Conference from adopting rules that provide for such automatic dismissals, claiming that existing law does not require the automatic exclusion of "merits-related" complaints. CJA's recommendations, which were made directly to Chief Justice Roberts, had little effect, however, and the new rules are scheduled to take effect 30 days from March 11th.

Separation of Powers

There is an inherent conflict of interest when judges both police themselves and dictate the rules that govern how they can be disciplined, and this can lead to abuses of judicial discretion. Incidents of such abuse have spawned a nationwide, grass-roots movement calling for the creation of an alternative disciplinary mechanism, outside the federal judiciary, to review judicial misconduct.

Public disquietude over the performance of judicial self-discipline has attracted the attention of lawmakers whose revived concern in the subject has the potential to trigger a separation of powers conflict between the judicial and legislative branches of government, and lead to congressional hearings.

Implied in the constitutional establishment of the courts is the establishment of the rules and regulations that define their structure and operation.

The question now is whether Congress will be able to wrest from the judiciary the power it gradually usurped for policing itself as Congress trustingly looked on.

Once a critical mass of disaffected citizens applies sufficient pressure upon its representatives, Congress may suddenly recognize that it not only has the constitutional authority, but also a mandate from the people to restructure one of its own creations that has become so corrupted by self-serving regulation and provincialism that it has lost sight of its purpose to serve the public.

Veteran Investigative Reporter For Fox News Mary Garafalo Terminated From Fox News After Exposing Guardianship Abuse ?


Mary_Garofalo

Mary Garofalo has been working at Fox 5 News since 1996. Her tenacious reports with "Fox 5 Investigates" have earned her a reputation as an "electronic pitbull" and one of the toughest reporters in New York City. Her hard-hitting investigations have landed con artists behind bars, uncovered corruption and exposed countless scams.

The day after the 2nd explosive documentary on this subject she was informed that her contract with Fox would not be renewd and she could clean out her desk .Recently Mary Garafalo has done a series exposing guardianship abuse by Judges, attoneys, and guardians , could Mary have been terminated inmediately after her expose aired on Tues April 1,2008 exposing guardian elder abuse?

Fox can not shut this story up by terminating Mrs Garafalo. We urge all our readers to take action and contact Fox News (212) 452-5555 and demand to know why she was let go and that the expose must continue.

Our Elders are in great danger and this dirty secret can not be kept hidden any longer.

This is an urgent call to action by all persons who care about preserving free speech please contact the station and demand that Mary Garafalo be returned to the station to continue her excellent work on behalf of America's most vulnerable adults, the elderly people..

To Contact Fox News 5 Here =>> at at the link below

http://www.myfoxny.com/myfox/pages/InsideFox/ContactUs?pageId=5.11

You can also try the phone numbers # 877-835-5369
212-736-2010 , 888-369-4762, 310-369-10000

Tracy Breton - Journal reporter wins award for series on elder abuse.

Journal reporter wins award for series on elder abuse
01:00 AM EDT on Sunday, March 30, 2008

Tracy Breton, a member of The Providence Journal’s investigative reporting team, has won a media award for regional/local reporting from The American Society on Aging.
The award, which was presented at the organization’s conference in Washington, D.C., Friday, is for a series of stories she wrote last year about elder abuse and exploitation.


She was recognized “for her incisive articles” about financial abuse perpetrated against two elderly women in New York City by a “helper” who is now serving a prison sentence, and about “the devastating –– and costly –– effects of a feud between two sisters over the care of their mother,” who suffers from dementia.


Breton wrote 25 stories about that family feud, which pitted the daughters of Laurette Borduas Eifrig, who now resides in assisted-living in Providence, against one another in a protracted court battle over who would have control over their mother’s finances and living situation.
Because the sisters couldn’t agree on what was best for their mother, Eifrig now has a court-appointed guardian who makes decisions for her. Her daughters’ legal battle has cost the mother about $200,000 in lawyers’ and guardian’s fees.

Breton, who has worked for The Journal for almost 35 years, wrote the stories as part of a Rosalynn Carter Mental Health Journalism Fellowship. She specializes in writing about legal issues and legal affairs, and, in 1994, was part of a team of Journal reporters who won a Pulitzer Prize for investigative reporting for stories that exposed corruption in the Rhode Island court system and led to the resignation, indictment and conviction of the state’s chief justice and his top administrator.

In 1995, the New England Society of Newspaper Editors awarded Breton its Master Reporting Award –– given to one reporter a year on a large circulation newspaper for a career’s worth of work.

This year’s other recipients of the American Society on Aging Media Award include Wisconsin documentary producers Melissa Godoy and Eileen Littig; Alice Dembner, Boston Globe medical reporter; Warren Wolfe of the Star Tribune, in Minneapolis; and Lucette Lagnado of The Wall Street Journal.

Fox News NY


click here to view =>>

MyFoxNY.com -- From anger to outrage: A recent Fox 5 investigation exposing allegations of guardian abuse generated quite the reaction from viewers across the country. It exposed how perfect strangers can take total control of your life, sell your home and spend your money and they wouldn't even have to ask you for permission. Mary Garofalo has this update to her investigation.
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We need you to Contact Fox News and encourage them to do more stories like these here =>> Also log on to Fox News and E mail the story to everyone you can think of, let the Fox executives know that forced improper Guardianships and the stripping of our parents of their civil rights for unproven accusations when the supporting evidence isn't clear and convincing, but hearsay and innuendo this is repugnant and contrary to everything we believe in ....

G'ship Stories Keep Coming In !

This is my mother, Doris Denney. During her active life, she was hard working and honest to a fault. She is currently in a wheelchair due in large part to Care Planning Associates' (a "professional" guardian) neglect. For a paltry six week guardianship, that company and its parasitical attorney ripped off eighteen thousand dollars from her. That was money she worked hard for, sacrificed for, and counted on to buffer the anticipated ravages of old age. It was money that was in no way earned by the guardianship and its free-loading attorney.


Since there was considerably more money to be had, the guardianship made every effort to distort her life to keep themselves in her accounts. They were not able to continue their plunder, but Commissioner Carlos Velategui had no trouble gifting them with the obviously stolen eighteen thousand dollars. The court, in every way, gave evidence of a corruption as profound as that of the guardians. In truth, the guardianship commissioners and judges should be sent home to deposit their filth in their own nests. The stench they left in the "judicial" system will linger a lifetime.

The guardians and their free-loading attorneys should be jailed.
Read our story here: About Us

Man Keeping Grandmother in "Unlivable" Conditions

Midway Driller - Taft,CA,USA

A 28-year-old Taft man has been charged with felony elder abuse after Kern County Sheriff's deputies found his 81-year-old grandmother living in conditions that were described by investigators as filthy and extremely unhealthful.The victim was hospitalized when deputies went to the home on the 600 block of D Street on March 18.Sgt. Martin Downs said deputies found the victim confined to a reclining chair surrounded by soiled disposable diapers in a house that he described as “unlivable.”

The woman was unable to walk because of her medical condition, and was immediately taken to Kern Medical Center for treatment.“The home was filthy, littered with trash, dirty dishes, dirty clothes and infested with cockroaches,” Downs said.The grandson, Scott Aaron Moore, was arrested Wednesday by deputies and booked into the Taft jail on the one felony elder abuse count.

He is currently free on bail.

Friday, April 4, 2008

Miami - New York - Los Angeles - The Triangle of Corruption!

He is a Congressman, and he says he can't help!
Then what are your tax dollars going to?
What about serving the people of his district?

What is going on down there in Miami?
I am afraid to visit as I am an elderly person and I may be forced into a guardianship when all I wanted to do was to relax and perhaps retire in Miami.

Now, no way, not with all of that monkey business going on!
Corruption cases, abuse and fraud against elderly citizens and no one takes action?
Un-Believable!!!

Helen Rubinstein- N.M.

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Recent Comments:

What is happening in Miami is also happening in Illinois and all over the United States.

There is absolutely no real protection for ANY elder citizen,... Period!


We as concerned citizens need to ALERT every elder citizen and their families of what can or might happen to them.

We need to march for our rights as citizens and let our government know that we are fed up with the governments lack of concern for their own people who they claim to serve.

We need to stop Government spending on these so called protectives agencies who feed off our elderly citizens.

We need to shut down these so called agencies who do not stand behind their own polices and do the job they are suppose to be doing.

Wake up America!!!

This Corruption effects all of us. We need to scream for Justice throughout every neighborhood in the United States.We need to contact all News Media and Churches and tell them what is going on in our own backyard!

Angela imangeiam@aol.com

Is it Time to Demand Accountability? For Out of Control Social Protection Systems?

Leslie Udvardi holds daughter Esther, 8 1/2, as husband Kirk shares the couch with their sons Abram, 13, left, and Samuel, 16, and Matthew, 18. The Redlands family is now struggling to pay $151,000 in legal bills accrued after Leslie Udvardi was wrongly accused of child abuse.

Press-Enterprise - Riverside,CA,USA

Sixteen-year-old Samuel Udvardi painfully recalls being pulled from a class at Loma Linda Academy two years ago by a sheriff's deputy and two social workers and whisked away to the care of a foster family.

"There were a few nights, sitting on my bunk bed, when I thought I would never see my parents again," he recalled of his time in foster care. "It was really awful, terrifying."
"Our judicial system has become grossly iniquitous," she wrote in an open letter that she keeps with volumes of court and medical records, "as medical professionals responsible for unbiased and honest evaluations have the power to devastate and destroy families with no legal accountability."

The Udvardis' legal bills total $151,000, and the only thing the family has to show for it, Leslie Udvardi said, is a short apology in a letter from an attorney for Loma Linda University, whose doctors treated the couple's children and reported their suspicions of Munchausen syndrome by proxy to the San Bernardino County Department of Children's Services.

Senator Ronda Storms Sponsors Bills to Protect Seniors Living in Nursing Homes and ALF's

Tampa Tribune - Tampa,FL,USA

To introduce legislation that will provide greater protection to vulnerable residents of assisted living facilities and nursing homes.

Storms brought her bill to the floor of the senate today.

The proposed law would require the state's Department of Children and Families to notify law enforcement when investigating abuse and would increase the number of inspections by health officials where significant violations are discovered.


Support the Senator in her fight against Elder Abuse

Senator Rhonda Storms storms.ronda.web@flsenate.gov

Thursday, April 3, 2008

"How Corrupt and Vindictive Can Probate Courts Be?" - Judge John Phillips!


By Christopher Ketcham ketcham99@hotmail.com

ON JUNE 17, an oppressively hot day, a knot of protestors converged in the plaza near Brooklyn State Supreme Court. They were mostly black, mostly women, middle-aged or elderly, well-dressed and solemn. Underneath the quiet demeanor, however, they appeared to be seething. The homemade signs in their hands expressed their anger.

"Judge Phillips ran for District Attorney.
Now he's homeless."

"Bring Judge Phillips home now!"

"What happened to Judge Phillips' multi-million dollar estate?"

The tragic figure in their complaint, retired Judge John L. Phillips, Jr., had a date in the courthouse, so when he arrived, the protest broke up and the group followed him into the building and up to the 9th floor.

John Phillips had been returning to these halls since early 2001, the year he was planning to run for Brooklyn district attorney. That was also the year he was placed under a guardianship program overseen by a county judge, which wrested from Phillips' legal control an estimated $10 million in real estate holdings, including at least 10 buildings and two movie theaters. Now the 80-year-old was back in the same courtroom, battling to regain his estate.

How Phillips came to this impasse depends on whom you talk to. Phillips' guardians and the judge in the matter claimed he was "mentally incapacitated"; they say he had Alzheimer's and was a bit crazy. But when I met him for the first time that June morning, he appeared normal and fit, if a little slow in his step, a handsome old man in a brown suit, tall and gaunt, with silvering hair and huge gnarled hands like pieces of root.

"These sonsabitches are stealing my buildings," he said.

"These people have been playing so many monkey games," said Emani P. Taylor, Phillips' lawyer at the time.

Indeed, there's good reason to believe the powers that be in Brooklyn want the Phillips case adjourned forever, fearing what it will uncover.

Naturally, his campaign posters touted him as the "Kung-Fu Judge."
On the bench he was known to sweep his robes out, assume the warrior stance and announce that "kung-fu law" was about to be practiced. He dressed well, wore a pencil moustache and bore a charming resemblance to Duke Ellington. He served on the bench with distinction: In 13 years, he was reversed only once in the appellates—a possible Brooklyn record. By his early 50s, he had become a successful landowner as well, with vast property holdings that he used to fund his rebel campaigns.

MUCH OF THE LEGAL FILE in the John Phillips matter is sealed to the public (why it was sealed has never been adequately explained by the court), but I got my hands on portions. The record shows that in November 2000, investigators with Hynes' office claim to have met with Phillips and concluded he was unfit to direct his finances. Describing the meeting, Joe Hynes told the New York Post, "It was clear [Phillips] was suffering from dementia."

A month later, in December 2000, a former assistant prosecutor from Queens named Frank J. Livoti filed a motion saying that John Phillips, "an alleged incapacitated person," had "requested that [Livoti] be appointed as Guardian" to oversee Phillips' "personal needs and property."

This was news to John Phillips, who claims he made no such request.

In New York State, anyone can file a motion to declare a person incompetent. The "alleged incapacitated person" must then defend himself before a judge, proving that he is sane and healthy enough to manage his assets. The county government, if it chooses, can then intervene to appoint a guardian.

The case against Phillips was vetted by an assistant prosecutor in Joe Hynes' senior citizen's fraud unit named Steven Kramer. According to court papers, Kramer alleged that portions of Phillips' vast holdings were being mis-deeded and that illegal mortgages valued at "hundreds of thousands of dollars" had been "fraudulently obtained." In other words, property was being sold off without Phillips' consent.

Kramer visited the old judge several times at his home during the spring of 2001, in one instance entering the house with a pair of detectives who allegedly held Phillips down while Kramer rifled through Phillips' banking and real estate records, eventually boxing them up and removing them to the D.A.'s office.

Sometime between November and December of 2000, Greenberg was appointed "temporary guardian" of the "mentally incapacitated" Phillips.
Joe Hynes' friend Harvey Greenberg now had control of Phillips' $10 million estate. Though he was guardian for only a few months—soon replaced by the silk-suited Ray Jones, who would allegedly go on to plunder Phillips' properties—Greenberg in February 2001 was effusive to the court about his accomplishment.

The following winter, Phillips' heat was cut off, and neighbors found him living in squalor and poor health, wearing an overcoat and hat. As one acquaintance of Phillips' put it, "They wanted him to die."

FRAUD, ABUSE AND CORRUPTION are common among guardianship appointments in every county in the United States.
AARP Magazine reports there are at least 600,000 elderly Americans under guardianships, bound in a system "rife with opportunities for financial exploitation, medical neglect, and the wrongful usurping of a competent person's freedom." The keystone witnesses in these usurpations are often court-appointed medical examiners who make cursory, sweeping pronouncements of senility, incompetence, dementia, or, as an Associated Press investigation put it, "of being old and spending money foolishly."

Phillips visited a non-court-appointed doctor at the Family Medical Center in Bedford-Stuyvesant. This examiner came to a far rosier diagnosis: Phillips, despite a "mild deficiency in short-term memory," showed "no signs of dementia" and no "evidence of perceptual distortion," scoring 27 out of 30 on the definitive Mini Mental State Examination.

"The evaluation," concluded the examiner, "shows [an] intelligent, coherent, well-articulated male… He has never been a danger to himself or others."

He was less feisty than when I saw him in court in June. His friends say the ordeal of the last four years has weakened his heart; he has more bad days than good.

Meanwhile, Phillips' social security and pension checks, totaling more than $2000 a month, were disappearing into an unknown account.

Meanwhile, Phillips, once a millionaire, is effectively penniless.
At this writing, he's been moved out of his offices at the Slave Theatre and sent by one of his guardians to a room at the Bronx VA Medical Center, where the government can put him up for free.


Source=>>

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The Guardianship program, the Judges, the attorneys that bulldoze over the laws in place to protect older citizens, and force guardianships/Conservatorships down the throats of unsuspecting elders and their families under the guise of "protecting them." Are they making a mockery of probate laws that clearly state that a Guardianship is to be used as a last resort, and only when the elder has no advance directives and only when there is no one to care of the elder?

Laws like : "The holder of a family durable power of attorney is appointed by the donor of the power, and essentially performs the same functions as would a court appointed guardian." Id. at 1107.

In Smith v. Lynch, 821 So.2d 1197(Fla.4th DCA 2002), the court recognized that a DPOA is intended to be a less restrictive alternative to a guardianship. In Smith, the court refused to impose a guardianship on a person who was judicially determined to be incapacitated. The Court held that the previously executed DPOA was an appropriate alternative to guardianship, and stated "the appointment of a guardian would serve no useful purpose and would unnecessarily interfere with the family." Id. at 1199.

§744.344, which provides that an "order appointing a guardian must be consistent with the incapacitated person's welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decision in matters commensurate with the person's ability to do so." Id. at 1198.

Guardianships are used as a last resort for persons who did not plan ahead for incompetence. 14 Fla.Prac., Elder Law § 9:16 (2007 ed.). Fla.Stat. § 744.331(6)(b) requires a court to determine if less restrictive means are available.

The statute governing durable powers of attorneys, section 709.08(7)(a) makes clear that the Florida Legislature intended for for DPOA's to be a less restrictive alternative to guardianship's:

Fla.Stat. § 744.462 provides that "[i]f, after the appointment of a guardian, a petition is filed alleging that there is an alternative to guardianship which will sufficiently address the problems of the ward, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward's rights."

Guardians and Attorneys, these officials appointed by the court are way too smart and by calling for Emergency Guardianship hearings, they get around the requirement to notify family members before the appointments of a guardianship is made, they file motions exempting themselves from Guardianship's Educational Requirements and laws governing how Guardianship's are to be initiated or terminated are simply "Not worth the paper they are written on" because these people seem to be "ABOVE THE LAW" and untouchable.

John L. Phillips Jr., 83, Civil Court Judge died February 16, 2008 .

A common denominator that "Wards" of the court don't usually last very long -

The stress of never ending probate court hearings, a situation where even the Social Security income of the "Ward" is used to pay for attorneys fees and the family of the ward is totally discredited and destroyed the stress is enormous on a normal young person, now can you imagine the stress brought on an elder person whose civil rights are terminated and their income withheld!


Today's Guardianship/Conservatorships Are Out of Control!


When did America begin to sanction such barbarity?

What has happened to mankind?

Were is our soul?

Wednesday, April 2, 2008

Congressman Mario Diaz Balart - Helpless to Assist Abused South Florida Elders?


Congressman Mario Diaz Balart said that Elder Abuse is a "State Matter" but that he was unable to sponsor or write any bills condemning the on-going epidemic of elder abuse that is affecting so many elders in South Florida and in other communities in the Nation.

Elder Financial Abuse is a plight that is spreading throughout all of Florida's communities with an alarming immunity!

Senior members of ElderAbuseHelp.Org accompanied Dr.Robert Sarhan to Congressman Balart's office in Miami, Florida in order to plead for help in his well documented case of elder financial abuse involving his elderly mother.

Dr. Robert Sarhan recently granted ElderAbuseHelp.Org an interview as to the nature and outcome of his meeting with Congressman Mario Diaz Balart, during which the Congressman repeatedly asked Dr. Sarhan; "What do you want me to do ?"

Dr. Sarhan expressively asked the Congressman for E.A. to be present during the meeting and the Congressman denied E.A. access to the meeting and only spoke with Dr. Sarhan.

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E.A. - Good evening Dr. Sarhan, and thank you for granting E.A. an interview with you concerning your recent meeting with Congressman Mario Diaz Balart.

Dr. Sarhan - Thank you, and you are quite welcome.

E.A. - First of all, what was the purpose of your interview with Congressman Balart?

Dr. Sarhan - To make him aware of elderly abuse and guardian exploitation in South Florida as well as around the entire State of Florida, and to discuss with him the fraud and abuse that has been taking place in many local guardianship cases in his district and throughout all of Florida.

I wanted to express to the Congressman the urgency to protect these elderly people from abuse and exploitation here in Miami and to show him what is taking place in our local courts.

I then showed him documents that clearly showed a pattern of racketeering schemes which involved local Judges, Attorneys and Guardians that rule elderly people incompetent so as to steal their money.

I was petitioning the Congressman to take action, as special legislation needs to be made to stop elder guardian abuse and exploitation here in the South Florida.

For instance, in my situation, I showed him documents that clearly proved that my mother, Yvonne Sarhan was forced into a guardianship and her civil rights were taken away from her.

I told Congressman Balart that her guardian case needs to end and that my mothers civil rights need to be restored, especially since she was deemed competent by several court appointed professionals and yet she remains in a forced guardianship.

I spent almost an hour explaining the evidence to the Congressman that the Judges, Attorneys and Guardians are all working together to extort millions of dollars from elderly people and I showed the Congressman documentation to back up that up.

E.A. - Dr. Sarhan, how much time did you spend trying to get a meeting with Congressman Balart?

Dr. Sarhan - I have been trying to work with his office for over two and a half to three years to try to get help from his office in order to help my mother get out of her improperly established Guardianship and to restore her civil rights.

When I first contacted him, he only wrote a couple of letters to Katherine Fernandez Rundle, of the State Attorneys office, which in my opinion has clearly accomplished nothing since there has been nothing done about this serious issue as of yet.

E. A. - When you were finally granted a meeting with Congressman Mario Diaz Balart, did you feel that ElderAbuseHelp.Org was instrumental in obtaining your interview with the Congressman?


Dr. Sarhan - Absolutely, I don't believe I was going to be granted a meeting unless E.A. printed the letter requesting this meeting.

E.A. - How were you received at the Congressman's office?

Dr. Sarhan - I was greeted very nicely, they wanted me to sign in and establish that I was in the Congressman's district, and there were two security agents present that checked my brief case and then escorted me to the Congressman's office and then once the meeting was over they both escorted me out of the back door of the Congressman's office.

E.A. - Did you make any specific requests of Congressman Mario Diaz Balart?

Dr. Sarhan - Yes, I requested that several of the senior members of E.A. be allowed in the meeting with me as witnesses and to be there to help clarify the issues of elder abuse and elder financial abuse, however that request was denied by the Congressman.

E.A. - Did the Congressman offer you a reason for denying the attendance of the members of ELDERABUSEHELP.ORG?

Dr. Sarhan - The Congressman stated that he had 800,000 people in his district and that he could only meet with people that were part of his district.
I explained to the Congressman that they were not here to speak unless he wanted clarification on the issue of elder abuse and judicial fraud concerning elder guardianship, and that I wanted them to be a witness to this meeting, but he just said; "No."

E.A. - O.k., so now what steps had you taken before you went to Congressman Mario Diaz Balart for help?

Dr. Sarhan - I had gone to Katherine Fernandez Rundle at the State Attorneys office many times and asked for help, but it seems that Katherine Rundle knows about the elder abuse and exploitation and looks the other way while these crimes are being committed regarding the fraud and the racketeering involving the courts and court appointed guardians.

I and others believe that by her looking the other way and not stopping this elder abuse, that she knows the Judges, and the attorneys, and knows the guardians and just looks the other way while these people destroy lives and rob the elderly and their families of every dime that they have ever earned and all that they have saved.

We also believe she knows exactly what is happening in the probate courts and looks the other way, and so that is the problem. When dealing with Katherine Rundle, you will find that she will only forward documents to the Guardian Association who are complicit in stealing millions of dollars from elderly people.

I believe that the job of the State Attorney is to put criminals away, yet it seems that since there is no measure of accountability for their actions, the Judges, Attorneys and Guardians feel that they are above the law.

The Judicial System is supposed to work on the behalf of protecting our elders, but this is what happens when you have corruption in the system and it is very very difficult to get help when you have corrupt judges.

This is why Attorneys and Guardians are robbing these elders at an alarming rate because they know that there is no one to help us them or the victim's family. There is nobody watching while they are making millions of dollars by placing elders in improper guardianship's contrary to the spirit of Guardianship Laws which were put in place to protect elders and their families under certain circumstances.

E.A. - How did the Congressman react to your concerns regarding this issue of elder abuse by the courts and forced guardianship's and the alleged judicial corruption?

Dr. Sarhan - Well , I first handed him an article by the title; " Stolen Lives" by Ines Carr and then we went on to the medical reports showing that my mother was competent yet she was deemed by the court incompetent. They are ruling elderly people incompetent in order to steal their money, and I showed and read from each document, reports from doctors in which my mother clearly stated that she was happy with the care she was receiving from me, her son, Robert Sarhan and the Doctors were all very impressed by the care that my mother, Yvonne Sarhan received from me.

E.A. - In other words, your mother Yvonne Sarhan had already decided long ago whom she trusted to take care of her in the event that she became incapacitated?

Dr. Sarhan - Yes, absolutely! She had advance directives and a durable power of attorney. These are documents that are prepared specifically to avoid these types of situations where a stranger is appointed by a court and takes over an elders assets and then bills the elderly person down to their last few dollars.

E.A. - Did you leave Congressman Balart with any documents as part of your presentation?

Dr. Sarhan - Yes, I wanted to show the congressman that we had a clear case of elder abuse and exploitation so I left him with documents that clearly showed that the attorney that was representing my mother, was also representing the guardian at the same time. When we asked the lawyer representing my mother if he was also representing the guardian he denied it, therefore, he was misleading and committing fraud on the court.

So it was important to give him those documents to show him that indeed fraud and corruption is taking place and is a widespread problem not only in my mother's case but in many cases locally by the misuse of power in the probate courts.

E.A. - How did the Congressman react to your presentation of the facts?

Dr. Sarhan - Congressman Mario Diaz Balart asked me; "What do you want me do to?"

He told me that he did not have much power to do anything, and that he would write some letters to Katherine Rundle, the State Attorney and suggested that I write a bill to protect the elders and submit it to him for consideration.

E.A. - Once he went over the information with you, did you leave him any hard copy and or muti-media materials?

Dr. Sarhan - I left him with documents of my mothers mental examinations that show her competent and I left him documents that showed him fraud and corruption in regards to my mothers case. I also left him a copy of a video documentaries from various news an TV channels that were documenting cases of guardianship abuse and corruption committed upon the elderly people of our country.

E.A. - As the meeting with Congressman Balart was coming to a close, and after you told him everything that you knew about this problem, how did you feel when the Congressman said that there was nothing that he could do for you?

Dr. Sarhan - I was very disappointed! I felt that the Congressman took the time to review my material and evidence and that he realized that this is a very serious case of elderly exploitation, but he left me feeling as if he wasn't going to help. Don't get me wrong, I was grateful that he granted the meeting, but I felt he would just give a letter to the States Attorney and I would be back at square one again. The Congressman was simply saying that he could do nothing and did not have the power to introduce any special legislation!

He also told me to talk to my State Senator. Well, I had already sent a packet before to the Senator, but they never responded, then when I called my State Senator later, his assistant said he had it on his desk for months but didn't know what t0 do with it!
My zip code is 33170 and he sent me to two Senators that I wrote to but never heard back from either.

E.A. - How did the meeting end?

Dr. Sarhan - I pleaded over and over again to the Congressman, asking if he could write some kind of special legislature such as the "Palm Sunday Compromise" in the Terry Shiver case to get my mother out of this fraudulent guardianship case and back home where she belongs, but he said said he did not have the power to do that.

He said he could not help me, the only thing he could do was write a letter to the State Attorney.

E.A. - Well, thank you Dr. Sarhan.
Now may we contact you in the future for any follow up information regarding this issue?

Dr. Sarhan - Yes, absolutely!

E.A. - Great, that would be greatly appreciated by the members of E.A. and our readers as well!

Dr. Sarhan - Thank you E.A. for all of your help and support and without this organization, I believe I would have never gotten very far and thousands of your readers would never know that they were not alone in elderly abuse and the fraud we all refer to as a National Epidemic concerning the Elderly Citizens of this Great Nation.

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Editor's notes:

"We looked up Congressman Mario Diaz Balart's records on his web site and he has already sponsored H.Res. 995 (introduced 2/25/08) Commemorating the 12th anniversary of the 1996 shooting down of 2 unarmed Brothers to the Rescue civilian aircraft, licensed by the United States, by the Cuban regime.

He also has sponsored H.Con.Res. 260 (introduced 11/15/07) Condemning the kidnapping and hostage-taking of 3 United States citizens for over 4 years by the Revolutionary Armed Forces of Colombia (FARC), and demanding their immediate and unconditional release.

Yet, he seems to be unable to intervene in the corrupt practice of declaring elder people incompetent in order to separate them from their families, their wealth, and thus destroying their lives, their families and anyone that stands in the way of this practice."
In Brake v. Murphy, 736 So.2d 745
(Fla. 3d DCA 1999), wherein the Third District, in reversing an order awarding attorney’s fees, states "probate court has become repugnant to a great many citizens."

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Recent Comments :

A Congressman and the FBI said they could not do anything about this? I am assuming this means the letters that I am in the process of writing about the corruption here are going to yet again fall on deaf ears?What's the point of the National Association of Elder Law and Attorneys then?

In the United States?

Abuse and Neglect is okay as long as your not drowning your puppydog?I do not have the mindset to comprehend the statements you heard made by the Congressman and the FBI.

I would like to know this Congressman's name and the reasoning behind his comments?

Thank you..

Angela imangeiam@aol.com

Tuesday, April 1, 2008

South Florida Guardian Abuse Alert - They Need Your Help!

Elder Guardianship Abuse, Neglect and Exploitation stories in South Florida are being sought out by Elder Advocacy Group considering Class Action Procedures.

We ask that any individuals who have any news of Elder Abuse concerning a relative, neighbor or friend to urgently contact us.


ElderAbuseHelp.Org -
is limited on resources in the fight to help abused elders.
These Abused Elders need your help immediately to fight for many American Heroes who are asking for help and have no one to turn to.

We are asking for an Attorney who might be able to help anyone whose family's Civil Rights have been improperly abrogated, to include any attorneys in the State of Florida and any other attorneys in the United States of America that might be able to refer our victims to powerful a Legal Foundation /Organization who can step in and help!

Thank you for caring for our Elders who deserve to live out their days with dignity and respect.