“When You Become a Senior your Rights are Totally Abrogated "

Rosemary Austen; editor@wetaskiwintimes.com Revised 6-6-07

“When you become a senior your rights are totally abrogated and this is an example of that.” ~Ruth Maria Adria Elder Advocates Of Alberta

Elder Advocates Of Alberta Society is appalled by a recent ruling handed down in Wetaskiwin Provincial Court, April 17. They believe it's an example of elder abuse."It is beyond belief," comments society member Ruth Maria Adria.

entire story here >>

reprint 6.6.07

The United States is Aging Rapidly. Fix Health Care Now!

Let’s face it, we are all getting older. And we’re not alone – by 2030, 20 percent of the American population will be 65 or older.

We need to fix Medicare now! Too many men and women who have worked hard all of their lives find themselves struggling to keep up with medical bills as they get older.

They haven’t done anything wrong. The current health care system just isn’t equipped to offer the care aging people need at a price they can afford.

Urge Congress to improve Medicare and stop leaving senior citizens behind >>
Congress is expected to vote any time on a health care package for senior citizens and children - and we need to make sure this legislation addresses critical Medicare issues, particularly when it comes to lower-income senior citizens.

If and when you start needing extra care, wouldn’t you want access to health care you could afford?

Older Americans deserve better treatment. Tell your senators and representatives to make senior citizens a priority and improve health care for us all >>
Thanks for standing up for the senior citizens of today, and of future generations.

Sincerely,Breeana L.

Care2 Campaign Team

Clara's Case outlived several Judges

The lollygagging of our legal system when it comes to our elders is un believable

The Hearing for Angela McClain expanded guardian powers so that she could recover Clara's stolen assets that was scheduled for November 20, 2006 was stayed because the defense claims to not have been noticed or served again. I say again because they have successfully used this tactics several times to postpone and delay hearings

Judge Von Hoff, Judge Richard Payne, will not be available to hear any more meetings , the Honorable David J. Audlin Jr. takes the bench. Wonder if Clara has a right to live in peace or is that not a right for her to enjoy or deserve.

As a public service the Circuit Court phone number is 305-292-3433 Fax 305-295-3611

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

Note Angela finally quit as guardian in frustration after years of trying to get expanded powers so she could recover her friend Clara's assets.

Angela and I hired H & H in January 2007 and eight months later he still was not able to get expanded powers then, when a nominee of H & H got suddenly named guardian , in a hearing that was supposed to be for Angela's expanded powers which inexplicably turned into a new guardianship nomination, this without prior notice, a few days later H&H magically obtained expanded guardian powers , almost overnight, this which he used to go after Clara's caregivers, and younger son, Raul A Fernandez , with a vengeance totally dis crediting the younger son before the court by mirroring false accusations without merit or any proof thereof , and successfully sending Clara's other caregivers scurrying for cover ....

Is this what Elder Justice is all about ?

Defense Lawyers Often Try to Delay Trial of Elder Abuse and Exploitation cases until the Victim is too Disabled(or broke) to Testify, Experts Say

Blatant Medicare Fraud.-

Please click to enlarge documents

This is a fraudulent Medicare Bill for over $3,000 if you look at the date of October and November of 2005 , I can personal guarantee you that Clara has been in my care un interrupted from November 1999 to the date she was kidnapped on August 20, 2004 and then again from the date she was rescued on August 5th, 2005 to present and I can guarantee you that Clara has never ever used any Ostomy Bags. Of course it won't do any good to reported it since the people who are responsible seem to be protected by the State of Florida.

People think that Clara has Medicare so she doesn't need any money , little do they know that the facts are that there has been so much over billing, duplicate billing, fictitious billing , in the feeding frenzy that followed her incapacitation that Medicare now turns down even the most basic of claims , as it is evident in this bill which is clearly marked "MEDICARE DENIAL"

You be surprised how much corruption is actually going on and we are trying to expose it so that meaningful changes beneficial to elders can be made but if you the citizens of this country and the courts think all of this is alright, specifically that Clara the once proud and independent elder is now losing her home and does not even have Medicare to fall back on , and has to go back to the people that hurt her then it is alright with me too.

And this is not just an isolated incident.

A Letter from Someone that Gets It !

Please click to enlarge document.....

Note: Her Guardian Angela McClain who was her guardian until she quit under very strange circumstances

*Clara's Condition Update February 6th 2007*

Clara leaves South Miami Rehabilitation Center to come to Key West , we had been working hard during the day and during the night we'd use floodlights to work , we really wanted to surprise Clara when she came back to Key West and found her home remodeled.

We were so excited that Clara is coming home .

And by the looks on Clara's face I think she was happy too!

"About 95 percent of the cases Dimitrov sees involve family members who illegally use power of attorney and quitclaim deeds to plunder the assets of vulnerable elderly relatives, she said. The formerly financially secure victims are often left penniless and reliant on state-provided services, she said." Sara Flohr - Trust Officer.

Older People Really do Deserve Protection

"Bernice Vickers didn't deserve to die like that."

Vickers' landlord Gerald Feder made that comment after the 90-year-old woman was found dead last week in her Belleville apartment. She'd been dead at least 12 hours; her daughter Karen Vickers has been charged with criminal neglect.
As if that isn't bad enough, the system that is set up to help defenseless, elderly people like Bernice Vickers failed to protect her.

Illinois' Department on Aging was alerted at least three months prior to Vickers' death about concerns for her well-being, then again a month before she died. The Belleville Police confirm that at least two reports were made to the elder abuse hotline.
The department's web site promises an investigation within, at most, seven days of a complaint. But seemingly officials did nothing, at least nothing of consequence.
The department now is conveniently hiding behind confidentiality laws. The reason for the secrecy, we're told, is to protect the identity of the people who report suspected abuse as well as the victims.

Well, Bernice Vickers is beyond needing protection, and at least one person who called the hotline has identified himself. So who exactly is the state trying to protect?
The public deserves to know why the system failed, and what will be done to ensure it doesn't happen again. Because no other elderly person deserves the same fate as Bernice Vickers.

Letters to Editor :What Goes Around Comes Around

Thank you Maritza and Robert for reminding us that the good that we do follows us around and there is people who care out there.

He almost didn't see the old lady, stranded on the side of the road, but even in the dim light of day, he could see she needed help. So he pulled up in front of her Mercedes and got out. His Pontiac was still sputtering when he approached her.

Even with the smile on his face, she was worried. No one had stopped to help for the last hour or so. Was he going to hurt her? He didn't look safe; he looked poor and hungry.

He could see that she was frightened, standing out there in the cold. He knew how she felt. It was that chill which only fear can put in you.

He said, "I'm here to help you, ma'am. Why don't you wait in the car where it's warm? By the way, my name is Bryan Anderson."

Well, all she had was a flat tire, but for an old lady, that was bad enough. Bryan crawled under the car looking for a place to put the jack, skinning his knuckles a time or two. Soon he was able to change the tire. But he had to get dirty and his hands hurt.

As he was tightening up the lug nuts, she rolled down the window and began to talk to him. She told him that she was from St. Louis and was only just passing through. She couldn't thank him enough for coming to her aid.

Bryan just smiled as he closed her trunk. The lady asked how much she owed him. Any amount would have been all right with her. She already imagined all the awful things that could have happened had he not stopped. Bryan never thought twice about being paid. This was not a job to him. This was helping someone in need, and God knows there were plenty, w ho had given him a hand in the past. He had lived his whole life that way, and it never occurred to He told her that if she really wanted to pay him back, the next time she saw someone who needed help, she could give that person the assistance they needed, and Bryan added, "And think of me."

He waited until she started her car and drove off. It had been a cold and depressing day, but he felt good as he headed for home, disappearing into the twilight.

A few miles down the road the lady saw a small cafe. She went in to grab a bite to eat, and take the chill off before she made the last leg of her trip home. It was a dingy looking restaurant. Outside were two old gas pumps. The whole scene was unfamiliar to her. The waitress came over and brought a clean towel to wipe her wet hair. She had a sweet smile, one that even being
on her feet for the whole day couldn't erase. The lady noticed the waitress was nearly eight months pregnant, but she never let the strain and aches change her attitude. The old lady wondered how someone who had so little could be so giving to a stranger. Then she remembered Bryan .

After the lady finished her meal, she paid with a hundred dollar bill. The waitress quickly went to get change for her hundred dollar bill, but the old lady had slipped right out the door. She was gone by the time the waitress came back. The waitress wondered where the lady could be. Then she noticed something written on the napkin.

There were tears in her eyes when she read what the lady wrote: "You don't owe me anything. I have been there too. Somebody once helped me out, the way I'm helping you. If you really want to pay me back, here is what you do: Do not let this chain of love end with you."

Under the napkin were four more $100 bills.

Well, there were tables to clear, sugar bowls to fill, and people to serve, but the waitress made it through another day. That night when she got home from work and climbed into bed, she was thinking about the money and what the lady had written. How could the lady have known how much she and her husband needed it? With the baby due next month, it was going to be hard....

She knew how worried her husband was, and as he lay sleeping next to her, she gave him a soft kiss and whispered soft and low, "Everything's going to be all right. I love you, Bryan Anderson."

There is an old saying "What goes around comes around."

Just Say No

thank you Zazza you are one of the best graphic designers I know and by far the sweetest and most talented, anyone in need of graphic designs see Zazza. She speaks perfect english don't let that Mambo Italiano fool you.

http://www.zazza.tk/ - L'idea Geniale Soluzioni per siti web, grafica, loghi, pubblicità

Elder Justice in Retrospect

This is a letter that was circulated among my friends and attorneys before the hearing of August 29,2007 in which I lost guardianship of my mother , the author of the letter is the attorney for the guardian, who is the same as the attorney for the previous guardian.

Notice how the previous guardian is told that this attorney is going to quit in the last paragraph.

After the previous guardian gets so frustrated to see her best friend Clara being billed for (8) months without any tangible results whatsoever , then the guardian quits, but not her attorney who now perpetuates himself in power by slandering Clara's caregiver and Trustee so bad that the victim and their families face an up hill battle.

How does he do this? Well many ways, lets just take one issue at a time.

The attorney for the guardian circulates this letter, and then tells the Judge on August 29,2007

"that Ray has maxed out the line of credit on Clara's home to the tune of
$250,000.00"

Here is a statement dated 11/26/2005 the amount on the credit line is $245,046.31 Correct?

Now here is the last statement dated August 27, 2007 . Can you spot the balance at $223,213.00?

So not only did Ray NOT max out the credit line, but he paid it down from $245,046.31

to $223,213.00 Under very trying circumstances working and taking care of his mother at the same time.

Now the counselor told the Judge that I had maxed out the credit line at $250,000 as you can see in the letter or hear in the transcript of the hearing! Doesn't matter that the facts do not bear out because the statement clearly says $223,213.00 .

But the attorney for the guardian gets to tell the judge that the credit line balance stands out at $250,000 and the sad part is that the judge believes the attorney for the guardian even thou his facts are total mis representations of the truth in order to get a calculated outcome.

And then the attorney goes further and makes an implication that I stole the difference, because the credit line is maxed out at $250,000 real balance is $223.213 = $26,787.00 So the attorney just pulled out $26,787.00 out of thin air a sum that doesn't exist and lead the court to believe that I had misappropriated this non existent sum of money!

But it doesn't stop there I also forged my mothers signature, and of course we don't have a handwriting expert on hand to refute the slander so I am totally discredited , no body bothers to check the facts, the lie is sold as long as there are buyers .

I lose guardianship of my mother, my reputation is tainted, Clara loses, because after this spectacle , that's what this is a spectacle, honest attorneys who are trying to do their job also lose, and America loses.

Doesn't matter that every single draw that Clara made is documented as well as to where she spent it, on the construction of a new house in Orlando, and the renovation of the Key West house that got hit hard by hurricane Wilma.

None of that matters because the name of the game is to totally discredit the legitimate heirs so that the "Elder" loses, the attorney gets to run up the bill and when the Elder can't pay it he liens her house, and ends up with the real estate.

I told you Elder Financial Abuse is a Big Business, Didn't I ?

6.0 VIOLATIONS OF DUTIES OWED TO THE LEGAL SYSTEM

6.1 FALSE STATEMENTS. FRAUD. AND MISREPRESENTATION
Absent aggravating or mitigating circumstances and upon application of the factors set out in Standard 3 0. the following sanctions are generally appropriate in cases involving conduct that is prejudicial to the administration of justice or that involves dishonesty, fraud. deceit, or misrepresentation to a court:

6.11 Disbarment is appropriate when a lawyer with the intent to deceive the court knowingly makes a false statement or submits a false document. or improperly withholds material information and causes serious or potentially serious injury to a party. or causes a significant or potentially significant adverse effect on the legal proceeding.

6.12 Suspension is appropriate when a lawyer knows that false statements or documents are being submitted to the court or that material information is improperly being withheld, and takes no remedial action.

6.2 ABUSE OF THE LEGAL PROCESS

Absent aggravating or mitigating circumstances and upon application of the factors set out in Standard 3.0. the following sanctions are generally appropriate in cases involving failure to expedite litigation or bring a meritorious claim or failure to obey any obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists:

6.21 Disbarment is appropriate when a lawyer knowingly violates a court order or rule with the intent to obtain a benefit for the lawyer or another, and causes serious injury or potentially serious injury to a party or causes serious or potentially serious interference with a legal
proceeding

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

Folks I think that the attorney for the guardian has totally dis-qualified himself with his agenda.

Haven't the Victims suffered enough?

To the court ,it is a shame that you allow character assassination and the slander of victims and their families, who have suffered a great deal already without the support that we deserve for coming out and taking a stand against elder abuse in all of its forms . Is this what Elder Justice is all About ? Welcome to the charade , the charade of broken lives.

Maybe the courts will see mine and others valiant efforts against overwhelming odds pitted against a system that stacked and for my efforts to want so see my parents wishes fulfilled according to their Will and Estate Planning documents , my efforts to want them to live their last days in their own home ! I will have my life and reputation ruined, just remenber reputations take a lifetime to build, if you ruin mine don't be surprised if yours suffers in the process.

And even that's nothing compared to the suffering I seen my father go after an arbitrary separation that killed him.

Only because I thought we lived in a nation of laws, and not a nation of vultures...

And counselor , maybe you don't see my families estate that I've worked for my entire life to as mine ,but I tell you what, it is a hell of a lot more mine that it is yours!

Abuse Hotline Got Calls Before Woman's Death

Daughter is charged with criminal neglect
BY BETH HUNDSDORFER
News-Democrat

BELLEVILLE --Landlord Gerald Feder became so concerned about 90-year-old Bernice Vickers that he called the elder abuse hotline three months before she was found dead in her apartment.

Feder learned Vickers' relative also called the hotline just a month before she died.

"I thought something was going to happen," Feder said. "Nothing came of it, and now she's dead."

Belleville police confirmed there were at least two reports to the Illinois Department on Aging's elder abuse hotline.

"Due to strict confidentiality laws, the department cannot comment on whether an elder abuse report related to this case was received," Jessica Woodward, the agency's spokesman, stated in a written response. "The purpose of the statutory confidentiality is to protect, to the extent provided by law, the identity of the reporters of elder abuse cases and the privacy of the older victims of elder abuse."

Bernice Vickers was found dead on a cot in the living room of her apartment at 16 Orchard View Court after newspaper carrier Frank Voss found her daughter, Karen Vickers, 65, lying in the apartment's parking lot about 4:45 a.m. Sept. 6.

Police later arrived and took an intoxicated Karen Vickers into her apartment and found Bernice, who had been dead at least 12 hours, according to police reports. Karen Vickers was charged with criminal neglect.

Feder came forward after Bernice Vickers' death. He said he called the state hotline about three months ago after he learned Karen Vickers left her mother, who needed constant care, alone for four and five hours at time.

The Department on Aging never contacted Feder about the report.

Karen Vickers was charged on Tuesday with two counts of criminal neglect of an elderly person. She remains in St. Clair County Jail on $100,000 bail.

Voss, a Belleville News-Democrat carrier, was delivering newspapers in the area Sept. 6 when he saw Vickers lying near the open door of her car with the contents of her purse scattered across the parking lot.

"I asked her if she was all right and if I could help her. She said she was fine," said Voss, who continued on his route until he saw a passing police officer.

Voss offered to call 911, but he said Karen Vickers strongly protested. Voss left, but called his friend and fellow carrier Julie Korniluk to come check on the woman, then flagged the officer down. The three arrived at the parking and found Karen Vickers still on the ground.

"That was when I smelled the alcohol on her," Voss said. "We got her up and to the apartment. It was scary in there -- like something out of the movie 'Seven' or the television show 'CSI.'"

Voss and Korniluk spotted Bernice Vickers lying on a cot in the living room.

"I knew immediately that she was dead," Korniluk said. "There was a hose hooked up to her, but her eyes were glazed, she wasn't blinking and her chest wasn't rising. I've seen some weird things delivering papers, but I've never seen a dead body."

Voss and Korniluk left to finish their route, leaving the police officer with Vickers.

Karen Vickers moved in with her mother about six years ago after Bernice Vickers' husband, Jack, died, Feder said. Feder rented to Bernice and Jack Vickers for 21 years.

"This just breaks my heart," Feder said. "They could and should have done something. This didn't have to happen this way."

Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 239-2570.

Abridged for E.A. >>

Excerpt from Hotline complaint to DCF:

On 9-29-04 Wednesday eves, we received a phone call from Clara saying she was in
Winter Haven, that all her calls out or in were being blocked, she was being given heavy doses of tranquilizers ...during a brief conversation with my wife Judy she told her "She din't know if she was dead or alive".

On November 17,2004 Clara was found un conscious in the bottom of a bathtub and taken by helicopter for emergency neurosurgery, she has been in wheel chair totally in capacitated ever since.

Related Articles:

Lack of Decisive Action by DCF Claims Another Victim!

Neglected and Forgotten in Florida

Something Needs to Be Done to Protect My Grandmother

DCF - "The Lies That Risk Lives"!

Clara's Guardian,Angela McClain, files 2nd Complaint For "Elder Financial Abuse' (Never hears back from the DCF)

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

Guys I know I am taking a very UN popular position by publishing these stories and I am prepared to take whatever vindictive action you have in store for me for revealing the fact that (according to my personal experience and that of many of my readers and contributors )calling the Elder Abuse Hotline and $1.25 will buy you a cup of coffee but very little in the form of Elder Abuse protection.

I say this not in spite and anger , but I do this in the hope that when I reach Old Age in the not too distant future and someone calls the Elder Abuse Hotline, that action will be taken to save my life. In other words I am hoping that my constructive criticism based on facts, personal experience, and the experience of other folks will prompt the authorities in making meaningful changes, and not just letters and empty words that without action are nothing but a visage and a poor excuse for the way that help was not to be forthcoming in the case of Clara G. Fernandez and the many elders that have paid for our indifference with their lives.

Is There Any Evidence that Clara was Drugged and Left Alone?

click to enlarge..

• Use caution when driving, operating machinery, or performing other hazardous activities. Ambien will cause drowsiness and may cause dizziness. If you experience drowsiness or dizziness, avoid these activities. Ambien should be taken just before bedtime. You may experience some carryover effects the next day.

• Do not drink alcohol while taking Ambien. Alcohol will increase drowsiness and may increase dizziness while you are taking Ambien, which could be dangerous.

• Avoid other sedatives, sleeping pills, and tranquilizers, including over-the-counter preparations. They should not be used while you are taking Ambien unless your doctor directs otherwise.

• If you are over 60 years of age, you may be more likely to experience side effects from Ambien. You may require a lower dose of this medication.

Warnings

Narcotics may increase the sedative effects of this drug. Do not drink alcohol with this drug, it could decrease your breathing rate to the point of unconsciousness or coma. Do not take this drug with any other drug that might slow the central nervous system, like another sedative, benzodiazepine, sleeping pills, monoamine oxidase inhibitor, antipsychotics, anticonvulsants, or antihistamines.

Do not take this drug if children and in small dosis if you are over 60 and then only with close monitoring.

• Ambien induces sleep and causes relaxation. It is used to treat sleep disorders such as trouble falling asleep, waking up many times during the night, or waking up too early in the morning. Ambien is for short-term use only--usually 7 to 10 days. Longer-term use must be monitored closely by a doctor,

• Take Ambien just before you go to bed. It will make you drowsy, and you could fall and hurt yourself if you take your dose before you are ready for sleep.

What do the proffessionals say about the dosage that Clara received ?

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