TS Radio Guest: James Roger Brown on The organized crime element in elder abuse

 

Join us December 2nd, 2012 at 7:00 CST!

Guardianship: Legally Imposed Slavery?

 Laura Francais-Eugene

“If you think a guardianship situation cannot be the equivalent of legally imposed slavery, ask 78-year-old Margaret Carson, an African-American woman residing in Washington, DC. She is lively, alert, in full control of her faculties. Her only vice (in the eyes of the manager of the Ashbury Dwellings senior housing complex where she lives) is that she has too many mementos in her apartment of her five children, all of whom she outlived.”

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As human beings, we live in a world of relationships. There are, of course, hundreds or even thousands of relationships we can name to describe how one person relates to another: parent-child; employer-employee; landlord-tenant.

Relationships take place within the context of a situation – in other words, how one person is situated in regard to another person, as we compare their roles, their rights, their power and obligations – legal, moral and otherwise. For example, the parent-child relationship takes place within the context of the Family or Familial relationship. Bosses and workers relate to each other in the contact of an Employment relationship. Landlords and tenants are acquainted over the matter of property usage. And as mentioned, rights and obligations and powers are assigned to each of the participants by our society’s laws and traditions.

Two other situations in which human beings “relate” to each other – one, thankfully, is largely historic and passé in terms of its place in society. The other is – perhaps unfortunately – very modern and quietly, even at times insidiously prevalent in society.

The first situation is a word we are all familiar with – “slavery”. The relationship is that of master-to-slave. The second situation is something modern mechanisms of law calls “guardianship,” and the relationship there is Guardian-to-Ward, or sometimes Trustee-to-Trustor.

I looked-up both words in Black’s Law Dictionary. That reference book describes “slavery” as a situation – a relationship between human beings – in which one person has absolute power and control over the property, the fortunes, and even the life of another person, at the Master’s discretion, for the Master’s pleasure or benefit, and with all the rights and powers in the hands of the Master to do as he pleases.

Al Katz: Holocaust Survivor Nearly Killed by Florida Public Guardian

Join us Sunday evening November 18th, 2012 at 7:00 CST!

5:00 …PST …6:00 MST … 7:00 CST … 8:00 EST

Listen Live HERE!

Callin #: 917-388-4520

Linda Kincaid, Elder Advocate, California, will co-host this show.

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Al Katz survived the Holocaust in a Nazi prison camp. As a youth, he spent seven years in forced labor, nearly starved, and saw four Jewish boys shot through the head. Katz survived the Holocaust only to again experience the horrors of imprisonment and torture in the final year of his life. The Manatee County Public Guardian’s abuse of Katz reminded Katz of Nazi  cruelty and sadism. For six weeks in 2009, Katz was kept in locked units and denied the companionship of his family and friends and decent medical care. Retreating into teenage memories, Katz believed he was once again a prisoner of the Nazis and subject to their torture. In just two months of guardianship, Katz was nearly dead.

Unlike many victims of Public Guardians, Katz escaped before he died. Katz’s daughter, Dr. Beverly Newman, fought Manatee County’s abuse of her father. With Katz nearly dead and his estate seriously depleted, the Public Guardian was replaced by a professional guardian of the property. Katz’s daughter took him home and cared for him day and night for the last eight months of his life.

Beverly Newman has a Doctor of Education and Child Psychology. She dedicated much of 2010 to caring for her father, after rescuing him from an abusive guardianship. Dr. Newman is now an active advocate for rights of guardianship victims.

The new cash cows: Elderly with assets

Marti Oakley (c) Copyright 2012 All Rights Reserved

Follow @MartiOakley

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Targeting the elderly with assets

If Adult Protective Services was actually focused on protecting vulnerable adults, they have only to look to our streets that are littered with homeless, hungry and many times disoriented adults of all ages who desperately need help and protection. But…. these people have no money, and no estates to loot.  APS steps over these individuals in order to get to those who have assets.

In every state organized crime rings are operating involving the same judges, predatory guardians, attorneys, Adult Protective Services personnel, medical personnel, and participating facilities who will violate the rights of an elderly or disabled victim in exchange for payment or personal profit.

“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. ”

If predatory guardians were actually concerned about the health and welfare of their victims, there would be no need to physically kidnap, isolate and forcibly medicate these people and then to proceed on to steal their life’s savings.

Of wills, trusts and other legal instruments

Silicon Valley tax dollars fund elder abuse: Part III

Linda Kincaid

Elder Advocate, California

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– Governmental apathy, negligence & cover up

Gisela Riordan is a victim of elder abuse by the Santa Clara County Public Guardian.  Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a residential care facility in San Jose, California.  That abuse is ordered by the Public Guardian and funded by taxpayer dollars.

In 2010, the Probate Court appointed the Public Guardian as Gisela’s conservator.  The Court ordered the Public Guardian to manage visits with Gisela’s adult children.  The court did not authorize any further restrictions on Gisela’s right to visitation.

Since 2010, the Public Guardian has denied visitors, phone calls, and mail.  Family and advocates have pursued every avenue to establish contact with Gisela, determine her condition, and assure her she is not forgotten.  When the ABC 7 News I-Team asked to visit Gisela, the Public Guardian instructed Villa Fontana to call 911.

Apathy & Negligence by Governmental Agencies

California’s Resident’s  and Notice of Conservatee’s Rights both guarantee Gisela’s right to visitation.  California’s Probate Code requires the least restrictive residence.  However, government agencies tasked with protecting those rights are entirely apathetic.

Silicon Valley tax dollars fund elder abuse

Linda Kincaid

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Part I –

Public Guardian takes control of Gisela Riordan

San Jose, California resident Gisela Riordan, 84, prays every night for God to take her.  Imprisoned and isolated, she is denied visitors, phone calls, and mail.  Her arms are boney, and her cheeks sunken.  Her features stir memories of Holocaust survivors.  Forbidden companionship of her loved ones, Gisela languishes in despair.

Gisela has not been charged with a crime.  She has not been sentenced to prison.  No judge ordered her isolation.  Gisela lost her freedom with the stroke of a pen, when Judge Thomas Cain approved a conservatorship petition submitted by Santa Clara County Public Guardian Donald Moody.

Moody seized Gisela’s bank accounts in 2010 and sold her home in 2011.  Moody now uses Gisela’s own estate to keep her imprisoned at Villa Fontana, a residential care facility that will violate resident’s rights in exchange for payment.  Taxpayer dollars, authorized by the Santa Clara County Board of Supervisors, fund the Public Guardian’s abusive activities.

Before Conservatorship

Gisela Riordan was an active vibrant woman who lived life to the fullest.  Gisela and her companion of 17 years travelled the world together.   She zipped around town in a convertible, the wind in her hair and the sun on her shoulders.  Like many California transplants, she loved the beach and the waves breaking around her ankles.  Retired comfortably, Gisela and her son Marcus Riordan shared a pleasant townhouse in a desirable area of west San Jose.

March 12, 2010:  Petition for Conservatorship & Court Investigator’s Report

Kaiser Permanente contacted Adult Protective Services when Gisela was subject to physical and financial elder abuse by her bi-polar daughter.  At the time, Gisela had a full estate plan in place. Her son, Marcus Riordan, was designated in her Advance Health Care Directive, and Marcus was successor trustee for Gisela’s living trust.

Kaiser Permanente restricted Gisela from seeing Marcus. The Public Guardian petitioned for temporary and general conservatorship.  Court Investigator Herlinda Acevedo attached a report to the petition stating:

Ms. Riordan has been admitted to Kaiser Hospital 19 times in the last 12 months for depression, anxiety, atrial flutter, COPD, and issues related to complex family dynamics.

Gisela responded in a recorded phone conversation with Marcus.

Where did she get her numbers?  Out of thin air?

Acevedo’s report to the court further stated:

Ms. Riordan would like to return to her home, but has expressed reluctance to do this while her son is residing in the home.

Gisela responded in her phone conversation with Marcus.

She is a liar.  No way would I say that! We have lived together before.  That’s nothing I ever said.  That’s stupid.

It’s just stupid.  That’s false witness.  She could go to jail for that.

I’d like to come home and live with my son.  I want my money released…

I didn’t save that money for the, what are they called?  They took my money away from me.  They have no right.  I worked for that money.

It should be noted that Court Investigator’s reports were signed under penalty of perjury.

Opportunistic Racism IN THE DC PROBATE COURT

Don Bowman

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‘EASY (BLACK) MONEY’

You may think a probate court like the one in our nation’s capitol functions to preserve and protect the financial assets of dependent and defenseless senior citizens.  Think again!

What it mostly does is steal their money and discard the disposable human remains behind the imprimatur of government sanction, leaving only poverty, betrayal and emotional devastation in its wake.

THE UGLY REALITY IS THIS:

The DC probate system targets African-Americans and their families who have the misfortune of (a) living in its jurisdiction, and (b) lacking the political and educational wherewithal to fight back against a corrupt system of opportunistic racism that leaves victims intimidated, isolated, and outgunned in their futile resistance against a cold and cruel government take-over of their lives.  In this way, elderly African-Americans are easy pickins – a steady stream of cash-for-the-taking by greedy court minions who wouldn’t dare try this scam on more affluent and connected white families.

Just ask Jenny Horace, a 91 year old Black woman living in the North West section of Washington, DC.  Mrs. Horace is in good health and has an attentive daughter who helped her with her daily routines.  The mother enjoyed regular outings with her daughter. She attended church on Sundays and often afterwards visits with friends and neighbors.  Mrs. Horace lived independently in her home for more than 50 years.

The “problem” is that she owns her home.  This means she has money.  And the people at DC Probate want it.