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GUARDIANSHIP
VICTIMS
My sister,
Audrey Miller, lives in Minneapolis, MN. She and her husband have a condo
in Vero Beach, Florida. After her husband retired, they spent the winters
in Vero Beach and the summers in Minneapolis. After her husband's death in
Florida in 2001, Audrey returned to Minneapolis saying she never wanted to step
foot in Florida again. Audrey was trustee of a large estate left by her
husband. She also had money in her own name. Her daughter, Merrily,
noticed that Audrey was beginning to have memory loss and decided to seek a
guardianship over Audrey so that she could have control of the estate.
Audrey discovered Merrily's plan and under advice of her attorney, moved to
Texas to be with me. She removed her Florida residency and became a Texas
resident. Her daughter told her that the Florida condo sold and that she
needed to return to Florida to sigh papers. Upon returning to Florida, instead
of a real estate office, she found herself in Probate court. Her son, Michael
Miller of Chicago, intervened creating a need for a trial. Judge Hawley, who
presided over the probate court, let everyone know that he did not believe in
family members being guardians. He also refused to hear a motion for
jurisdiction and called for mediation. At the mediation, four lawyers made a
deal with each other to turn her over to one of the lawyers as guardian. They
also told the judge that Audrey agreed to be a Florida resident. Audrey
was never allowed to be at any of the court hearings. When hearing what was
said, she replied, "that is a damn lie." She has been heavily
drugged to the detriment of her health and kept isolated in Florida for long
periods of time. We know they are stealing money, but are not
able to audit the guardian. We will not stop trying to free her.
~Connie Fanning
MO My mother and I share the same birthday, October 22,
approximately 44 years apart. I was very close to both of my parents. When my
father passed away in 1996, he left a sizable estate for my mother, and for the
descendants he specified in his Will and Trust. My mother’s Will and Trust
documents are identical to my father’s. Of utmost importance to my father, was
my mother’s welfare, after his death. He left explicit instructions as to how
his estate was to be distributed and protected. My older sister, Cam (Mueller) Fischer had been
disinherited and financially disowned for alleged theft of monies from a family
business and tax fraud, officially in 1985. She chose to remove herself, and her
children, from the family for almost 20 years; this was a source of great pain
for my parents. In 1998 she maneuvered control over our mother, through a power
of attorney, that mother lacked the capacity to execute. Cam sold the family
home for below market value and made herself the recipient of the $500,000.00 +
proceeds, along with all the personal property she valued. Items such as cars,
jewelry, furs, furniture, oriental rugs, paintings, and silver have
‘disappeared’. Also lost are the irreplaceable mementoes of lives well
lived, such as photographs, family keepsakes, and the heritage passed down from
previous generations. Cam currently benefits from the ongoing, annual $70,000.00
+ per year mother receives from father’s trust; an approximate total of
$700,000.00 to date; plus the $500,000.00 + from the sale of my parent’s home,
a very conservative total of $1,200,000.00, that does not include personal
property, social security monies, or other investments. In November of 2005, in
court documents filed by Cam Fischer, Cam lists mother’s total assets as
$10,000.00. Where is all the money, and how has it been spent? For 8-9 years, I have been seeking justice for
my parents and myself. I have battled an apathetic judicial, probate court, and
bank system, that disregard my Mother’s welfare; ignoring the evidence of
elder abuse, in all its forms, in particular the financial abuse that has been
perpetrated upon her. The bank and the judicial court system are the profiteers,
acting in their best interest to Mother’s detriment. The personal, emotional,
and financial cost of this battle has been high. Daily, I fear for my Mother’s welfare.
I know she is not living the life she and my father worked and planned for.
-
Patricia Mueller – November 2007 -
Helen
Dorothy Ferrari In 2001
The private conservator sold Mom’s
home, where she had lived for 45 years, for six million dollars (more money for
them!) – and forced her into a nursing home even though she wanted to live
with me and I wanted to take care of her.
The conservatorship was solely in the
best financial interest of the attorneys and conservator who feasted off of
Mom’s estate as they poisoned the court against me for my efforts to protect
her from her predators. Because I complained about their abuse
of my Mom and questioned the level of care she was receiving at the nursing home
where she was imprisoned, I was not permitted to see Mom unless I hired a social
worker to “observe” my visit. I
was denied all input regarding Mom’s care and medical decisions about her.
They had stolen her away from her family and the life she had lived and
was accustomed to because they wanted her money.
All contact with her friends was also screened, leaving her feeling
abandoned and alone and also angry she could not go home.
What she wanted and needed was ignored.
She did not feel safe in the nursing home and I constantly feared for her
safety. Her final days were nothing
less than miserable and frightening for her, and for me. The attorneys and conservator
rationalized their exorbitant fees (hundreds of thousands of dollars)
proclaiming to be representing my Mom’s best interest against me – and the
court rubber stamped their every request. They
had done an excellent job of setting the stage for Mom’s financial clean out
by maligning me and blaming me for their continued litigation.
Frieda
Traweek Eversole AL
On arriving, we learned that a fabricated claim had been
lodged against me alleging that I “may” be misappropriating my mother’s
financial assets. Even though I
turned over copies of all financial records – mother’s, mine, those of my
business – no evidence in support of such a claim was found.
None existed. Yet the probate judge seized control then and there of all mother’s assets, denied her access to funds
for an attorney, paid out $5,200 of her money to a psychologist to write a
“mental evaluation” of mother, though
he never met her! Two of
mother’s primary care physicians and an M.D.-Ph.D. exert on dementia, to whom
I took mother for evaluation, all read and refuted the court’s
“evaluation”, but their statements were refused admission by the court. In October, 1999, there was a five-hour “hearing” which mother
was not allowed to attend in violation of state law.
Two attorneys and three estranged cousins testified against me with
identical charges using the same words and phrases – proof of a pre-planned
conspiracy. On November 1, 1999, an
attorney – James M. Tingle, who hired the attorney who brought the court
action against us -- was appointed “conservator” over mother’s estate.
In the first six months he embezzled over $93,000 from mother’s trust
fund, plus other assets. Five attempts were made to take mother from my care.
When I blocked the first one, my $1.7 million small business was seized
and shut down, my assets seized and my livelihood destroyed.
We were also locked out of our own home for the next 27 months with only
the clothes on our backs. Over the next five years we were subjected to over 65
legal actions. To this day we’ve never been granted a due process hearing.
The legal actions against us ended only when I filed suit in Federal
District Court against the probate court, judges, attorneys, conservator and
relatives. See my suit at:
www.lighteagle.net/elderassets. In eight years mother has been granted access to a
total of one-half of one percent of
her money, being denied funds for food, healthcare and other essentials.
Two-thirds of her assets have vanished without a trace.
Forty-plus requests under Alabama law for an accounting of the assets
under “conservatorship” have been denied.
This bogus conservatorship has been a “black box” operation from the
start and violates state and federal fraud, conspiracy and criminal racketeering
laws.
Esther
Johnson MA
When
Esther Johnson became vulnerable, her wishes and needs were denied, her estate
plundered, and her dignity neglected.
Even though she named her son Taylor as her DPoA and even specified he
would be her guardian if needed, she didn’t get what she wanted.
Instead, Esther’s daughter was named guardian.
She confined Esther to her bedroom, denied her visitors, and only allowed
Taylor to see their Mother one hour per week and those supervised visits cost
Taylor over $100 each. No
one was allowed to mention Taylor’s name or answer Esther when she asked about
him. The
3 1/2 year nightmare, which Esther
Johnson suffered and which directly caused her death, revolves around the
Probate Court structure in the Commonwealth of Massachusetts, and the courts
absolute refusal to abide by the existing protective laws for the elderly. As a society, we can and must protect the human, civil and constitutional rights of seniors. Every person deserves to live a full life with dignity. Every person must be guaranteed that their wishes will be carried out, assets protected and dignity preserved.
CALIFORNIA
I guess we all have something
that we will take to our grave. Mom
took this simple question, “Why?”
to hers. And now I will take it to
mine! Why?
How, in God’s Name, can this happen in our country, or in any country?
Why?
Her only “sin?”………… falling down and breaking her shoulder! One bone! One broken bone and then……….all properties seized,
county locks placed on her home! Possessions,
heirlooms, antiques confiscated and put in an impound storage to be sold at an
auction! Hearings, greedy appointed lawyers, an uncaring judge and
county Guardians spending Mom’s money like it was theirs!
And Mom…? Mom, never to see her home or possessions, again, was
“dumped” in an “end of the line,” terrible place, in which, you
wouldn’t let your dog live! And
me, her only son restrained from seeing her because she cried when I came to
visit! You wouldn’t treat an
animal this way! Well, I wouldn’t, anyway! Guardianships are a very
lucrative scenario. Lucrative and
beneficial to everyone, it seems, except the very ones it was designed and
created to help! Myself, family
members, friends that knew Mom, well, will always know this;
an archaic, unnecessary and corrupt guardianship system and an uncaring,
miserable nursing home murdered my Mother!
And took away the last years of her life, for, absolutely, no reason
other than greed! We have fought bloody wars
over less than this! And I would
just like to “thank” the Butte County Public Guardian and the Riverside
Convalescent home for this “wonderful” memory that I am left with of my
Mother.
DORIS DENNEY
This is my mother, Doris Denney.
Through no fault of her own, she ended up in an Adult Family Home for six
weeks and for the same amount of time, she had a guardian of the person, Care
Planning Associates. During her
time at the Adult Family Home, she was sheltered, received her medications, had
some entertainment, was fed and received assistance with the activities of daily
living. For that she was charged
about three thousand a month, totaling about $4500 for the six weeks. For the
guardianship of the person, she was charged $18,000 for six weeks. For this, she had a visit or two. The rest of the dollars were for conferring, reporting,
talking, calling, meeting, and considering.
Since she had considerably more dollars to be stolen, the guardian and
its loathsome attorney tried in every way to keep themselves in the picture.
They especially wanted to get her home.
Her wishes were of no interest to them.
I succeeded in releasing her from their greedy, dishonest grasp. When I examined the bill, I noted that the
charges didn’t match. They were
obviously bogus. They had just made
up calls and meetings and other activities.
They also had neglected her therapy for a broken hip.
She is currently in a wheelchair – a fact I attribute to their
negligence. I tried in every way I could to get Commissioner
Velategui’s attention. But that was not going to happen in the Seattle
Superior Court where such fraud is routinely rubber stamped.
I brought an action for fraud and submitted thirty or more pages of
fraudulent charges. The judicial
joke behind the bench told me I should have shown him this earlier and fined me
the guardian’s and their attorney, Henry Judson’s’ legal fees amounting to
about eleven thousand dollars. He
never asked about a single bogus charge. Additionally
it is not my responsibility to point anything out to him.
The legislature has written it into the law that the court must monitor
this program. Instead of
monitoring, this corrupt court has given the green light to elder abuse and
financial exploitation of the elderly. It
defies belief that the one place where theft is permitted is in the King County
Supreme Court of Washington. This has nothing to do with justice but rather is
indisputable proof of corruption.
Estela
Torrent
She
begged me to take her home but I was
powerless to
do so The
judge appointed my brother, an attorney apparently still in “good
standing” although on psychiatric disability for at least 10 years, as
guardian of the property. His illness and irrational behavior plagued my efforts
to free Mom because the judge favored my brother over our mother’s best
interest. And my Mother
suffered for
it. The
person the
judge was
supposed to be
protecting was my
Mother, not my brother.
Leona
Brown
FLORIDA
ALL OF
MOM’S DREAMS WERE SUPPOSEDLY PROTECTED IN A TRUST, YET THE GUARDIAN STILL
CONFISCATED THEM EVEN THOUGH I (HER
DAUGHTER) WAS APPONTED THE POA
& TRUSTEE, & HAD MOM’S WILL, LIVING WILL & COPIES CONFIRMING ALL
DOCUMENTS WERE RECORDED AT THE COURTHOUSE. THE
CORRUPT GUARDIAN LEGALLY STOLE EVERYTHING IN THE TRUST IN 6 MONTHS, THE WILL,
HOME CONTENTS, & ALL
INVESTMENTS AFTER THEY CALLED MOM INCOMPETENT & REMOVED ALL HER
CONSTITUTIONAL RIGHTS TO CHOOSE WHERE SHE LIVES, SOCIAL ACTIVITIES, CONTRACT,
VOTE, MARRY, ETC. SHE IS NOW A
“PRISON” ‘WARD’ . THIS IS HAPPENING IN USA DAILY. WE WERE TOLD THE POLICE
WOULD ARREST US IF WE BROUGHT MOM TO OUR HOME FOR CHRISTMAS. THIS WAS MEAN AND
CRUEL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! WAKE UP, THIS IS NOT A 3RD WORLD
COUNTRY AND IT COULD BE YOUR PARENTS! THIS
HAPPENS DAILY & GUARANTEED YOUR ENTIRE FAMILY’S LIVES WILL BE DESTROYED
WHILE YOUR PARENT IS THE VICTIM!
Marion Lehto AZ
Here’s my Mom and I. We have been victims of the guardianship/conservatorship
business since 2004. To date, we
have lost $400,000 of a 1.2 million dollar investment account. Our money is enriching two criminal guardianship businesses,
their lawyers, our court appointed lawyer, a guardian ad litem and a trust
company – all
with the blessings of The Maricopa County Probate Court in AZ. Most of my own money was seized and put into the trust.
My income was cut in half and I am subsisting on a $14,000 per year
disability. The litigation has ruined our
health – all because a local guardianship business and their lawyer set out to
steal our money. My Mother was
placed into assisted living at exorbitant cost and the current guardian is
billing the trust any amount of money she wants.
All with the blessings of the
probate court! This is by far
the biggest criminal racket going on in AZ and probably the rest of America.
No one who has money of their own is safe. I have written letters to dozens
of agencies to no avail. My
complaints to the courts and judges have been ignored.
Hundreds of lawyers and racketeers are making millions in Phoenix.
The attorney general turns a blind eye.
Our government is corrupt beyond our imaginations and it is about time
someone did something! Once our
funds are exhausted, these criminals will move on to the next victim.
Our
family’s nightmare began in August 2004. My parents, Ralph and Maydelle
Trambarulo, had moved to Delaware to be near son Paul in 2003, after living in
Red Bank NJ for 47 years. Mom, now 76, suffers from Parkinson’s disease and
related dementia. Dad, aged 81, suffers from normal pressure hydrocephalus, and
has difficulty walking and breathing. After
Mom broke her hip, our cousin Teresa Sirico reappeared after an absence of 8-10
years. Teresa is Dad’s niece and is a real estate broker in New Haven, CT. When
Teresa proposed bringing Mom to CT for treatment,
we agreed, wanting the best medical care for our wife and mother. We trusted
Teresa as a family member. Once in
CT, she told us Mom couldn’t come back to Delaware. In
October 2004, we received notice that Teresa had been appointed Mom’s
Temporary Conservator by the Probate Court of Woodbridge CT. This was done “ex
parte” (emergency), so we weren’t notified until afterwards. We agreed to an
independent conservator, envisioning a neutral party who would work with us.
Three attorneys were then appointed, the
conservator, Mom’s attorney and the guardian ad litem (GAL). These total
strangers advise the court on “what is best for Maydelle”. Their view of us
has been formed not through direct knowledge, but through (mis)information
supplied by Teresa. Judge
Clifford Hoyle denied our motion disputing the CT court’s jurisdiction of the
case, even though Mom has never been a CT resident, never voted in CT, and has
never had a CT driver’s license or paid taxes in CT. Ralph, her husband of 50
years, and two daughters live in NJ. Judge Hoyle decided that it was in Mom’s
“best interests” that she stay in CT. This effectively ends
my parent’s marriage of 50 years, as Dad cannot travel to CT. We are
appealing Judge Hoyle’s decision in Superior Court. Our family (Dad, myself
and my siblings, Alice, Margaret and Paul), is united in wanting Mom to return
to NJ to be near us in her final years. Dad
had to obtain a mortgage (at age 80!) because he was denied access to funds in
joint accounts. In a proposed
division of the estate, Judge Hoyle
stated that he was being ”generous” in allowing Dad 50% of the joint funds,
when in fact Dad was the principal contributor to that estate. Despite
our protests, Mom was moved to an assisted living facility near Teresa. After 2
years of brainwashing by Teresa and her allies, Mom is now separated from us not
only by distance, but also emotionally. There’s
a very obvious conflict of interest here: the court and its officers are the
ones who get to decide whether the source of their financial “gravy train”
stays in CT or is allowed to leave the state! It is clearly in THEIR best
interests financially that Mom stay in Connecticut. The Probate Court’s
primary function in this case should be the reuniting of Maydelle with her
FAMILY, and the true conservation of her person and financial estate, NOT the
reallocation of her hard-earned assets to court officers’ own bank accounts! I
would not wish our circumstances on anyone. A loving family has been torn apart
by a self-serving legal system containing an insidious corruption of cronyism
and greed, used to the utmost by someone who knows how to manipulate the system
for her own perfidious ends. Unfortunately, we now know our family is not alone
in this horrible situation. As more Americans approach what should be their
“Golden Years”, this assault on fundamental rights is being repeated
nationwide. Awareness of the
disastrous possibilities is the first step to protecting yourself and your loved
ones!
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My
unwanted guardian has wasted over $500,000 dollars of my money in only two years
– spending $150,000 in the last three months! Now that the guardian has exhausted my assets, the guardian is planning to sell my home and force me back into a nursing home.Now that the guardian has exhausted my assets, the guardian is planning to sell my home and force me back into a nursing home.
Roxaine
Reynolds WASHINGTON
STATE
In
January 2006, we got the guardian and were working to get caregivers into the
house. It was starting to work. On March 11, 2006, mom fainted and was taken to
the hospital to be checked out. That afternoon, the guardian forced mom into
Garden Terrace , Federal Way, Washington against her wishes (but with the
blessing of my siblings). I started
asking questions -
neither the guardian, the case manager or the facility will answer them.
Questions like: How did I abuse my mother? How come mom sat in her feces all
day? Mom does not want to be there. When we had the hearing for the
guardianship, a psychiatrist said that people’s health
deteriorates when they are forced into a facility. That has happened to mom. It
is now to the point where the guardian is talking about hospice services ~ Claudia Donnelly
My father Ruby Cohen, owner of Cohen’s Quality Bakery in Ellenville New York,
worked his entire life to build a lasting legacy for their grandchildren and
financial security for him and my mother in their retirement years, yet it took
only a handful of outsiders less than eighteen months to destroy everything they
worked their entire lives to acquire.
Stephanie
Hordijuk Jamaica,
NY
My Mother suffered from dementia.
Familiar surroundings give a person with dementia comfort, whereas
major changes make the person agitated and uncomfortable.
The guardian decided that Mother’s house was not
modern enough --- she took down Mother’s prized Ukrainian rug.
She disposed of Mother’s treasured Ukranian dolls and much of her
furniture. Mother’s beautiful
living room transformed into a stark room, void of the precious knick knacks and
personal items that made it comfortable and familiar for her --- things that
made her happy and gave her pleasure. The Guardian also decided to remodel the kitchen.
She had a new floor installed--- it wasn’t necessary nor did my Mother
want it, but what Mother wanted didn’t matter to the Guardian.
She replaced the curtains Mother lovingly hand sewed and with ugly gray
funeral parlor looking curtains. A
new refrigerator, a microwave, new vacuum, new windows and two air conditioners
– all unnecessary expenses. Mother
hated air conditioning, it made her cough and too cold. The Guardian used my Mother’s money to modernize Mother’s
home for the Guardian’s comfort
and the comfort of her staff --- not my Mother’s.
Mother complained of the mess and the mental stress of the construction. The Guardian charged Mother $280 an hour, over $46,000
for her fees in the first year of misery alone. She treated Mother like a child, didn’t do her job, ran up
exorbitant and unnecessary expenses, and worse of all, despite my best efforts,
I was powerless to help her. My
complaints and pleas for help fell on deaf ears.
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