Guardianship: Teresa's story on here mother Carmen Tozzo. Elder Abuse!

March 3, 2014

Kim Lipsky

2227 Military Road

Arlington, VA 22207

Dear Ms. Lipsky:

Enclosed are documents starting with my mom’s will 2007 (Carmen Tozzo). All documents are numbered within the year (#1, #2, etc.) and referenced. I have highlighted a few, but not all, incidences in this letter. My original email to you focused on issues/violations concerning my mom only. However, I feel you should have more background information to fill in gaps. My mom’s story is very much intertwined with my life and that of my children’s – we advocated and fought for my mom. In some emails/documents you may see claims about the “disruptive behavior” and my children and myself.  There has NEVER (ever) been a police report filed against me, no documented complaints from any facility or facility staff about inappropriate behavior.

Background:  My mom, aunt, and uncle moved from Miami (to Gainesville, FL) December 1999 after my dad’s death.  While still in my doctoral program, I divorced the father of my three children in 2004 after 24 years of marriage. I raised all three alone, making ~$15K annually at that time, and minimal to no financial support from him until 2010 (he passed away in 2012 owing me ~$75K). My mom, aunt and uncle offered to help with my expenses – food, gas, electricity, school (children) from 2005–2009. Other family members had been helped financially by my mom/dad and aunt/uncle in the past with college, rent, and mortgage loans. My daughters and I took care of our elders – drove them to medical appointments/grocery store/church, and took them on vacation. My mom’s path unfortunate story through the legal system – violation of her rights/being a ward of the state were initiated by my family (C. Julian and E. Clark) and carried through the courts by Ms. Brasington, Ms. DiVito, Ms.  Belo, Ms. Preiss, and currently, Ms. Andrea Wolfkill.

My daughters and I have been fighting for my mom’s independence since 2011, and for OUR right see her. Therefore, numerous actions were initiated against us (DCF calls, restraining orders), which diverted the attention away from what was happening with my mom. Aside from the June 2, 2011 hearing, my mom never was in court to speak on her own behalf, had minimal or no access to her finances/mail.

SUMMARY OF EVENTS:

2007

My uncle passed away on June 5, 2007; My mom made her legal will October 2007.

2008/2009

Notions to place my mom/aunt in an assisted living facility began. I opposed these suggestions.

2010

May 26 - Emails from C. Julian – “I’m pretty sure she (mom) had a serious TIA yesterday….I offered to pay her taxi.”

[My daughter (Brianna Lyles) moved in with my mom (July) to assist with her care. Brianna became seriously ill in December, 2010.]

2011

• February 14 - my daughter collapsed and was comatose for 3 days, and in the hospital ~3 weeks (1 week in ICU). [March (late) - my aunt had a stroke].
• April 14 (#1-3) – first DCF report filed (by C. Julian, E. Clark, David Clark).  Leslie Lyles (Harris) was instructed to make all health care decisions regarding my mom, but was never included in any decision (#4-8); 2nd DF report filed May 13, and 3rd DCF report filed Aug. 15.
• April 22 – medical evaluation by Dr. R. Velazquez, no indication of impaired mental status/dementia (as per text of hearing, May 24).
• April 28 (#9) – petition to determine incapacity filed (signed by E. Clark); no date/time provided for hearing – I was never notified of hearing date.
• May 5 (#10) – Dr. Roger Velazquez (my mom’s primary care physician since 1999) ordered visit to Dr. Bernie Marrero (“probable dementia” but diagnosis was inconclusive, pg. 2).
• Mom was not examined to determine delirium vs. dementia by a geriatric specialist and/or neurologist (MD). [Tozzo-Julian not authorized/qualified (unethical) to give any diagnosis regarding mom; E. Clark’s statements of “short-term memory” loss for three years was never medically substantiated/reported by Dr. Velazquez].
• May 17 (#12) – Brasington (Clark and Julian attorney) filed motion for guardianship hearing. [John Ramsey appointed as my mom’s attorney].
• May 24 (#13) - competency hearing; Mr. Ramsey was not present (my attorney also not present).
• My mom not assessed/tested for additional medications (sedatives) that could impair responses.
• Panel said my mom had dementia, diagnosed in less than two hours, and declared her mentally incompetent. [Definition of dementia (according to the Mayo Clinic) includes “memory loss, difficulty communicating/with complex tasks/with planning and organizing/with coordination and motor functions, problems with disorientation, such as getting lost, personality changes, inability to reason, inappropriate behavior, paranoia, agitation, hallucinations; so diagnosing dementia and other related conditions can be challenging and may require several appointments (multiple tests, brain scans, lab tests, psychiatric evaluation).”]
• June 2 (#14-16) – first hearing for guardianship. Bonnie DiVito appointed as temporary guardian. [DiVito was personally known to Ms. Clark and retained Brasington as her attorney. Conflict of interest not disclosed to the courts or my attorney].
• August 10, Sept 5, Sept 29 (#18-20) – police reports of disruption in my mom’s home by D. Clark and Tozzo-Julian.
• August 15 – 3rd DCF report filed after D. Clark grabbed my mom’s arm causing a bruise, asked to not return to my mom’s home by DiVito [he was not arrested].
• August 20 (#21) – letter from Tozzo-Julian to family in Miami (#21). Confused as to motives in sending letter to Miami/confused at her evaluation of my mental/physical conditions.
• September 5 – D. Clark & Tozzo-Julian at mom’s residence. “No trespass” filed against Mr. Clark (foul language and indecent gesture to a minor witnessed by my mom, caregiver, police, myself).
• September 24 (#24) – letter from my mom’s nephew (Angel Hernandez).
• November – my mom was taken to Shands at UF by Amy Tackett (B.DiVito’s assistant) for mental assessment, with physician stating “memory loss” only, no diagnosis of dementia.
• November – Lynn Belo appointed permanent guardian.
• November 18 (#25) – my first meeting with Belo (November 17th) she stated “I am putting your mom in a facility”; my letter to her requesting this not happen.
• November 22 (#26) – Belo asks me to produce “evidence” that I paid my electric bill or my mom would not be allowed to spend Wednesday and Thursday (Thanksgiving) at my house.  Belo claimed her request was after “comments made in your mother’s home….”
• December 21 (#29) - I complained about Vanetta Whitfield (private caregiver), who was verbally abusive and neglecting my mom. Whitfield had other legal issues that prevented her from caring for my mom. Belo was aware of these issues/complaints. I was not allowed to take my mother out Christmas Day for making omplaint. Whitfield was eventually fired after numerous complaints to Belo by other private/Nurse Core caregivers.

2012

• Jan. 2 (#1) – After setting my visitation time in advance, my visit was cancelled (no reason).
• Jan. 12 (#2) – Belo/Boyte threatened to call the School Board for information regarding my 15 year old daughter; further restricted my visits.
• Jan. 14-15 (#3) – asked about notification when visiting nursing homes for my mom, Belo responded with “I owe you no obligation…”
• Jan. 14 (#4) – door locks changed; phone block placed on mom’s family (Hernandez) in Miami; phone changed to private number (I was not given the number, not available to mom’s pastor).
• Jan. 26 (#6) – letter written by Mr. & Mrs. Hernandez to Judge Hulslander regarding “phone block.”
• January 27 (#5) – Belo filed motion in December 2011 to have restraining order against my two daughters (having never met them/spoken to them), motion dismissed Jan. 27, 2012.
• Feb. 13 (#7-8) – request to place my mom in assisted living (Sterling House – mom was taken to Harbor Chase); and petition to sell my mom’s house (against her wishes/permission).
• My daughter’s bridal shower/wedding (March 17 and April 6-8):
• March 6-7 (#11) – request to take mom to bridal shower and wedding approved by Belo (no restrictions mentioned).
• March 21 (#10) – letter to Judge Griffis regarding the March 29 hearing; at hearing Belo requested caregiver assistance with my mom’s care at wedding “during picture taking and during wedding ceremony.” [I left hearing early, not aware of what transpired later.]
• April 6-8 (#13) – names/numbers of Nurse Core caregivers who witnessed events.
• March 30 – April 6 (#15) – N. Baldwin suggested potential caregivers (health care professionals), who would be at wedding, send emails/letters who could assist my mom during the wedding (no charge) to minimize stress and expense. Belo refused (spent thousands of $$ on agency caregivers). During week prior to wedding, “caregiver assistance” changed from helping out during the wedding to sitting outside room where mom and I slept.
• April 6 (#14 – 19) – requested Ms. Belo reserve a separate room for my me, mom, caregiver to eliminate stress and anxiety for daughter (due to the constant changes made by Belo for wedding). [NOTE: I had mom (no caregivers) from 8 am-5 pm on April 6th, and 11 am-8 pm, April 8]; Belo threatened to call DCF/police; Belo finally reserved hotel (Quality Inn) for mom and caregiver, but refused to allow me in room; Belo screamed and threatened my mom, heard/witnessed by first caregiver; my mom was upset/anxious that I could not stay with her.
• April 7 – at wedding, family/friends cared for my mom (paid caregiver provided minimal care).
• April 10 (#19) – order requiring home health attendants signed (not prior to wedding).
• April 24 (#20) – arrived at my mom’s house, caregiver stated Belo asked her to “not allow you in home” (this was said in front of my mom).
• May 25th (#21) – my mom taken from her home against her wishes to Memory Unit/Harbor Chase (started drugging her several weeks before move, I found her lethargic and slurring on several occasions). Mom continued to say she wanted to “stay in her home.” [Pictures showing progression of my mom’s physical appearance from March 2011 to February 2014 attached.]
• May – November – private caregivers (Jennifer/Nurse Core) hired by Belo to sleep in mom’s room at Harbor Chase (why this extra cost?).
• June 20 (see pictures in #21) – my mom fell for the first time, taken to North Florida Medical Center (NFRMC) (picture attached); she was dirty, unbathed (nurse was Joey Stankus, and physician was Dr. Kerry Henderson).
• June & July (#24-25, 28) – my children and I were restricted by Judge Griffis (in court) from seeing my mom for three weeks. No reason/evidence other than Belo stating I was “disruptive.”
• June 25 (#26) – after contacting AT&T and ordering a phone for my mom’s room (my expense), and with AT&T agent listening/taping conversation Belo threatened me with permanent visitation dismissal if I did not cancel phone. [My mom eventually had phone in room, my children and I, plus other family (Miami), and her pastor (Fr. Julian) never given number.
• July 31 (#30) – Belo filed a petition to restrict access and visitation to my dad’s ashes/gravesite on church grounds; August 21 – judge DENIED petition. [Belo did not take my mom to ceremony.]
• August 13 (#31) – Belo requests that ONLY English be spoken to my mom. I was threatened with visitation suspension if I did not comply. [Mom is Cuban born, my first language is Spanish].
• September 28 (#32) – severe restrictions imposed on mom to attend church services and worshiping. I protested.
• Nov.12 (#33) – my visitation was suspended because I entered the church where my mom was attending and hugged/kissed my mom.
• Nov. 20 (#34) – more visitation restrictions, allowed only 1 hour for Thanksgiving at facility, not allowed to have my mother out of the facility for Easter, Thanksgiving, Christmas (2012).
• October/November/December (#35) – mom had multiple falls, with one at end of November resulting in severe injuries/bruises (pictures in #21); further restrictionx srom seeing mom in ER.

2013

• Jan. 27 – my mom attacked by male resident (C. Quarels) who grabbed her/picked up a chair to hit her; she was never moved to safe environment/transitioned to the mainstream area. [Quarels attacked several staff members a month later].
• Feb. 5-7 (#2-5, 7) – “Motion for Sanctions” filed by Belo (civil action) on my mom’s behalf (my mom was unaware and opposed to this document):
• My legal name not on document; everything has been repaid; no deposits listed; this is prior to 2011; no LEGAL/notarized documents for any alleged “loans” presented (this was already investigated by DCF April 2011 and dismissed); at August 23 2013 hearing, Belo admitted under oath that this was personal and directed only at me. My mom’s best interest? HOW?
• Belo request the sale of my mom’s home without my mom’s knowledge/consent. I never CONSENTED (I am also executor of mom’s will).
• April 4 (#6) – deed to my mom’s home.
• June 12 (#8) – Belo asked to resign by my attorney after incidences of bias & misconduct.
• July 15 (#9) – mom hospitalized with pneumonia (after 4 days of being ill at Harbor Chase, and numerous complaints by me, she is taken to the ER); further restrictions to visit in hospital by Belo.
• Aug. 16 – Ms. Carol J. Preiss appointed as permanent guardian in courtroom, my attorney and I protested (Ms. Preiss was sick and had terminal cancer).
• Oct. 22 – Arrived at Harbor Chase, and my mom had been moved (Memory Lane, Ocala); Ms. Preiss refused to tell me where my mom was located [facility notified on Oct. 21 eve that my mom was being moved]. My attorney and I were never notified of move or loss of my visitation time.
• Oct. 24 – motion filed to move my mom from Gainesville to Ocala.
• Oct. 24 – Nov. 8 – visited my mom at Memory Lane, no problems.
• Nov. 8 (#10) – letter from Ms. Preiss to Memory Lane prohibiting me from visiting; imposing 1 hour a week visitation time (my attorney asked multiple times for permission to visit and all denied).
• Nov. 8 – Dec. 24 – my children and I were not allowed to visit or speak on the phone with mom.
• Dec. 19 (#11) – email from V. Griffis to J. Silverman claiming there was no letter restricting my visits (See #10 above).
• Dec. 20 (#12) – letter from Griffis to Tozzo-Julian; I have never received a letter dated Oct. 22nd; perplexed as to why Belo still copied on emails/letters; confused as to why Griffis sending a personal letter to Tozzo-Julian (seems unethical/unprofessional; what is their relationship?); why weren’t alleged infractions (“verbal abuse”) ever reported to the police OR my attorney.

2014

• Ms. Andrea Wolfkill is temporary guardian, visitation stays at 1 hour a week (5 hours a month).

[Other witnesses include Father Roland Julian, St. Patrick’s Catholic Church, 352-372-4641; Melody (Nurse Core, caregiver), 352-505-0621; Belle (Nurse Core), 954-638-2399; Evelyn Cairns (family friend); 352-317-7873]

I know this is a lot to take in, but it has been an exhausting journey and also a labor of love for my mom.  Please keep me posted, and let me know if you need any more documents.

Sincerely,

Teresa