Showing posts with label guardianship. Show all posts
Showing posts with label guardianship. Show all posts

Tuesday, June 23, 2015

Visitation for adult ward under guardianship in Iowa. James Perry Davis #SF306 law.

For two and a half years I've been alienated from someone I love. I call him brother. This is too long to be away from someone you care for due to the wishes of a Guardian.

And on July 1, 2015 #SF306 which is also referred to as the James Perry Davis Law will go in effect in Iowa. On the 2nd of July a hearing is set for #Visitation in hopes to free my brother from being alienated and to encourage other states to follow suit.

A big thank you to Senator Rob Hogg for everything he's done to help get this passed in Iowa.

Catherine Falk Organization Boomers Against Elder Abuse National Association to STOP Guardian Abuse Elders Against Guardianship ElderLaw Advocates
celebrating freedom at Washington County Courthouse.

Thursday, April 9, 2015

Call for action: Ways to contact Governor Terry Branstad. SF306 Visitation BILL.

We have one last step before the 'Visitation Bill' SF306 becomes a law and that is a signature from Iowa's Governor Terry Branstad. Please take a moment and reach out view one of the methods below:


Phone: 515-281-5211
Register your opinion: https://governor.iowa.gov/constituent-services/register-an-opinion 
**You might have to copy and paste the link into a new browser window.
Twitter: https://twitter.com/terrybranstad   @TerryBranstad

Simply state you agree with SF306 and wish for him to sign it into law. You can also note that you believe Guardianship Laws need to be changed.

Once again -- THANK YOU,

#FREEJimmy

Monday, March 2, 2015

Help #FREEJimmy by e-mailing the Iowa Senate and Iowa House in support of #SF306 (Senate File 306).



SSB 1162 passed unanimously and has been renumbered as SF 306. The next step is for the bill to be considered by the full senate which should happen around March 9th. Then the bill would have to go through a house committee in the House and full House. Please help me by simply copying the e-mail addresses below and sending a simple and polite message stating that you support SF 306. Also, you can simple e-mail your districts representatives via the following link: Grassroots Action Center.

General Assembly: 86 (01/12/2015 - 01/08/2017)
Email the Iowa Senate:

Email the Iowa House:
Please leave a comment and let me know if you've e-mailed either and if they've responded.We have one week to make this happen and to get the word out. Please do everything in your power to help make this a law and free my brother as well as others being withed from their loved ones. <3
Email example:

Monday, January 12, 2015

Can a Guardian control a wards religious beliefs and drain a bank account?

Guardianship's and conservatorships can be a good or a bad thing depending on who's managing the wards lifestyle and choices. In this case all of Jim's rights have been striped. And this is common in Guardianships as the Guardian legally has more power than a natural born mother or adopted mother and can alienate the ward from speaking or seeing anyone based upon their own wishes. A Guardian can legally charge the ward whatever they think is reasonable for their time or for dinner -- or trip expenses. Practically, they have the power to wipe out a wards entire bank account without being questioned by simply saving receipts and filing an annual report with the probate courts.


**In the photo you can easily see Jim being pulled by his caregiver Libby (Elizabeth) who works for Optimae Life Services in Washington, IA. 

A Guardian can take away the wards freedom. Choose how their medical care is handled as well as religious freedoms. Jim's Guardian claims that he has the mentality of a 5-8 year old and cannot make his own decisions. However, Jim has always been one of the more higher functioning individuals in Washington CO.

You can read more about Guardianship's on the following page: http://stopguardianabuse.org/Stop Guardian Abuse

Tuesday, December 9, 2014

GUARDIANSHIP AWARENESS CAMPAIGN TO PROTECT YOUR FAMILY

Reminder from Advocate JULIE LONDON FERGUSON: GUARDIANSHIP AWARENESS CAMPAIGN TO PROTECT YOUR FAMILY goes through 12/31.
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NATIONAL GUARDIANSHIP ABUSE AWARENESS on Social Media coincides with a three-part series that is running in the Sarasota Herald-Tribune (Dec. 7 - 9, 2014). The articles feature America's most sinister act that has silently been occurring in complete violation of our American Constitution. Most haven't heard of Guardianship or Probate Court Abuse and when they do, it's surreal and unbelievable. A Durable Power of Attorney really can be overturned in a hurried courtroom where family members don't even have time to hire an attorney. That's if the family is even notified at all. (And no, it isn't because the elder signed their okay.)
Can strangers really take over an elder person's money and make all decisions - even with willing and capable family members? Not only is the answer yes, but it's happening in all 50 states. What was set up to protect vulnerable elderly (and YOU in the future) from exploitation has turned into legalized kidnapping and looting of our elder's life savings and estates. If family members make any kind of waves, they are banned or restricted from seeing their own parent. Once you're in the hands of a guardian, even a Clarence Darrow can't get you out. Want to escape? They already liquidated your car. (Guardians took my Mom's car the second day.) Want to ask a family member or neighbor for help? (You can't, they have a GPS device attached to your ankle or wrist - for your own safety, of course.) When I took my Mom on a court-approved vacation, when I didn't have her back on time, they went to court to put a temporary restraining order on me, stating I was a danger to her.
It's no wonder one corporate guardianship had a fundraiser and dubbed it "The Wild, Wild West". Statutes are being broken. Loosely written laws by the Guardianship attorneys that benefit those that can make money off of the elderly (and like I said, YOU in the future) are spun to work against loving family. Can you imagine all that you've been working for - to insure that your spouse and kids have a good future - is taken in a less than a 15-minute court-hearing? And now all your assets are in the hands of a stranger, who will use up your life savings in a heartbeat. There won't even be money left for your funeral. Victims call Guardianships a transfer of wealth.
Why haven't we all heard of it if it's as bad as it sounds?
1. Social media hasn't been around long enough for people to make some noise.
2. When a Guardian has complete control over a loved one, your relationship with that person is based on fear. If you make waves, they can retaliate by taking it out on your loved one. So, you stay quiet and meek as a mouse.
3. Victims are behind the eight ball. A person hearing their story for the first time will look at them suspiciously, One can't help but wonder: What did they do or what's wrong with them that a Judge nullified their Power of Attorney? If it was as easy as they said it happened, that means it could happen to us. So honestly, it's easier to turn a blind eye and think we're safe or our parents are safe, because they had their Advanced Directives drawn out when they were of full mind and body.
Truth of the matter is - this could happen to you. Never in a million years did I think this could happen to my family! Two years later, I'm still in total disbelief. I needed an attorney to keep a GPS bracelet off of my Mom. She legally has less rights than a prisoner. And thousands of dollars later, I still can't get her out of this damaging situation. As Baby Boomers get older, the Wild Wild West World of loosely written laws that benefit those that stand to make the most money, will be stronger than ever.
A lot of old school media is fearful to cover the issue of Guardianships, because it isn't a one-tiered story. The layers of ruin run deep in the field of "liquidate, isolate, medicate". There are so many areas that need to be vetted in such a litigious society, that some media feel the story isn't worth the trouble it could bring.
But, with the Sarasota Herald-Tribune's fearless coverage of Guardianship abuse, written by Barbara Peters-Smith, other media outlets will have the courage to follow suit. Sharyl Attkisson did an incredibly expose when she was with CBS News.
Our awareness campaign begins with us. We would like for you to make a sign (or copy/paste a symbol) that shows you are aware of these violations against an elder's human and civil rights. That you won't allow it to happen to your friends, your loved ones - or even yourself in the future. You do not want your kids to go through watching all your constitutional rights stripped from you, as well as all your possessions.
Your sign can read something just as simple as "END ELDER ABUSE" or "No to Guardianship Abuse in MY hometown." If you know someone who is suffering as a result of this abuse, you can put their name on your sign as a show of support. Place the picture in your profile picture and ask your friends to either share or post their own. Only through awareness and exposure will these laws - that allow legal advanced directives to be voided as easy as if it were a traffic citation - to change.
My Mom, who is under the Guardianship of a multi-million dollar non-profit corporation, Lutheran Services Florida, told me that if you're unhappy with something, you use your mouth to talk (you don't destroy and loot). If they don't listen, you talk louder. And if they're still not listening, you get more voices to make more noise. Moms are always right. The awareness campaign begins Dec. 8 and runs through the month.
For more information on this cause, go to Florida Guardianship Laws Talking Points.
For more information on Guardianship Abuse, go to National Association to Stop Guardian Abuse or Boomers Against Elder Abuse
A public relations firm will work to get the cause national publicity outside of social media. Together, we'll end this Holocaust of America's most vulnerable citizens - our elderly - and us, when we get there. We deserve better. America deserves better.

Monday, December 1, 2014

To all victims of guardianship the ACLU wants to take on a case..


The ACLU has made it clear that it is seeking an individual case to represent. This individual must have been or is currently in a guardianship and have the following qualities
  • The ability to communicate clearly
  • willingness to participate in an ACLU lawsuit
  • physical well-being enough to accomplish multiple interviews from the ACLU
If you know of such an individual please notify us at once.

E-mail: endxploitation@aaapg.net
PLEASE UNDERSTAND THE ENORMOUS SIGNIFICANCE OF THIS INITIATIVE. 

Wednesday, September 24, 2014

YOU ARE NOT ALONE: Recent Accounts of guardianship abuse.


 
Timps Dee:  "This happened to my grandmother ... Not many believed ... No one cared! It sickens my stomach! My grandmother is dead due to the negligence of her guardian who selfishly placed her into a nursing home. I pleaded with the guardian to get her out of the hell-hole she was put in!  My pleas fell on deaf ears."  Sept, 18, 2014

Margaret Holman James;  "My sister and I cared for my parents in their home for over ten years. When the VA insisted on a Conservatorship my parent's lives and happiness and wealth were lost. They did not see each other the last year of my fathers life. My sister and I have not been allowed to visit or talk to my mother for three years. When my mother was drugged with respiradol for the convenience of her caretakers she had over 600000 to spend on living comfortably in her own home. . . .. She has lost over 100000 in legal fees. You must make it illegal for anyone who isolates elderly from family and home to be a guardian or caretaker. ..Some people can be trusted to be caretakers. Those who isolate must be removed."  Sept 12, 2014

Misty Davis: "My father was an amazing man who took it upon himself to adopt a child with down syndrome. In 2013 I lost that man and I never imagined I'd lose my brother too. Due to guardianship laws we've sat on the sidelines watching his health decline while being threatened with harassment, slander, stalking and trespassing. "  Sept, 5, 2014

Danielle Chamberlain says, "Not only has our loved one been taken captive but it seems my husband and I also have been . My husband was threatened with arrest, both of us have been smeared, attorneys have lied, felony's have been committed but no one cares. I feel like laws don't matter any longer except for the rich and powerful. Last night I found myself in an emergency room from the 5 months of stress so we refuse to play this judge's game any longer. We can not. We are elders ourselves. Michael Moyers(Tn) runs and gets re-elected unopposed because there is no one to run against him. He takes away seniors rights without hearing any opposition. In his chancellors court the law is not the law. Good luck but nothing will change I fear."-- Aug 30, 2012

Keep Marise In Her Home says:" The guardianship's last communication with my attorney was that I will not be even a co-guardian, they don't want me to be trustee of my Mother's house (despite that being in a POA and Mom's wishes) and I can not move to N.C. with Mom as her guardian there. They wield the power because of a trial where I wasn't given due process. They had over a month to prepare a case and I had two days"  Aug 29,2014

Donna DeFrancesco "The guardian sold my mother's necklace with our father ashes in it. They were married for 65 years. Of course most of the stuff was sold before we got to buy it."  Aug 29,2014

Norma Carpenter:  " I'll be glad to tell you about the lies and travesty that goes on in PA. Have not seen my mom in over 18 months due to her court appointed Guardian. She is not professionally educated. Not a Social Worker. Has full control with no checks or balance built into the program."  Aug, 2014

Sherry Johnston says, "The most horrible thing you can do to your parents is start guardianship proceedings . You are opening up avenues to have your parents drugged, abused and slowly put to death by the guardians participating with the assistant living facilities and Hospice programs to milk the family with corrupt attorney fees from the guardians pimp friends to the corrupt court judges. David Dexel Has screwed my mothers life and health along with Silverado with the blessings of Judge Butts. Ginger Lotts was underhandedly assigned to be mothers guardian while we were applying for guardianship and them the hearing was canceled. Ginger Lott is the witch from Hell! The family has filed 2 emergency restraining orders against Ginger lott for drugging mom and allowing her to get sick, dehydrated, bed sores, black eyes, falsifying billing statements and court records while she has starved her literally to death and the judge still will not hear our pleas for guardianship. I had to call 911 Easter to get the fire department to take mom to the hospital because she was so sick and Brookdale refused to let mom go and 30 minutes later Ginger text a memo stating that mom is being transported to the Methodist hospital and that she does not have pus in her catheter, it is sediments. Just like Ruby (another elder trapped at Silverado) the court appointed ward's attorney did nothing but chime in with the assistant living facility to run up more attorney fees bleeding the wards estate. it's all about bleeding the wards estate and milking Medicare while killing your loved ones slowly through Hospice."  Aug. 20,2014

Kathleen Dunn " I want to take care of my mother and she wants to live with me but because of a family member she was taken over by guardianship. Now my mother is held against her will, drugged and isolated. She is denied everything even rehabilitation which she is entitled to according to the Florida Statutes. The so-called protection industry is what my mother and others need protection from.",Aug 20, 2014

Mary Darnell, NM:   "they have all my Moms assets in hand and the only thing left for them to do is swipe her in the middle of the night, and drop her off at a locked facility that will put her on psychotropic drugs , which they have already had approved by court to use. Families sit helplessly watching in horror their lives as they have known them vanish at the hands of so called professionals who all profit from every decision and lies they stir up about your family, never having to testify under oath as to the validity of any of the allegations they present in court ....it is a racket for sure, pretty much think it is racketeering .... I ask who is going to help families, put a stop to this?"  AUG 6, 2014

Yessy Sanes  " The city of Alexandria is another court system that is running this type of process against the elderly. As a result they have appointed a conservator who has now taken ownership of the estate and is has written over $25,000 by check to pay the opposing council who wants to prove total incapacity and send him to a nursing home for an 82 year old. This is very devastating and we don't know what else to do... Has any older person in this situation ever wan a case and regain their civil rights back?"  Aug 5, 2014

Margaret Holman James: " We have not seen my mother in three years. The court ignores her pleas to come home even when her lawyer put it in a letter. She is drugged with respiridol. Phone contact stopped after the first six months when she said she was tired of her court ordered guardian." Aug 4, 2014


Marlene Petrowsky-Driver:  "I have a dear friend that this horrific act of demise took her out of her home by force, put her in a home for the elderly, took her home, and wouldn't even let her go back to collect her own Mothers treasures she had kept for years! The county is selling her home without her permission, and her daughters seem to think its ok..what the hell is wrong with this picture? My friend is of sound mind, she does however have a disability because of arthritis in her knees..is that right!? HELL NO!! Nothing she can do according to her attorney!" Agust 4, 2014

Mrs. Katherine de Young, "Our parents, who are aging, need to be protected by the court system, not stolen from. Through the probate court system my mother lost over half her assets and wealth. This is SO wrong. Had she not died before all of it was gone, her house would have been sold so the vultures could keep their billable hours. Our elderly loved ones should not be bankroll to legal thievery." July, 30 2104

Sandra Valdez, "Our mother was a resident of New Mexico until a little over a year ago. She is currently a prisoner in the state of Colorado. Our efforts to get her back have been in vain. We have gone to high officials and authorities who we believed could help us but only to receive the most familiar words "...we are sorry but there is nothing we can do". We have been unable to find anyone with the power to stop these perpetrators using the law and the system for their financial gain. Their tactics are all too familiar: first, they find the way to label the vulnerable as "incapacitated", then, they isolate the vulnerable from their loved ones able to help, and then, they control and take over all property and financial assets of the vulnerable to pay themselves. What is ironic is that they lure in their victims using the systems which are supposed to protect them. ", July 30, 2014

Gracie Mazer  " I lost my grandma this year. Sadly she was put in the hands of a court appointed conservator. Who worked with my aunt, who mind you my grandmother disinherited her years years back. She worked with him to take my grandmother away from us. Changed her doctors put on psych meds and depleted my grandmas once independent life. My mother and I are still battling the heartbreak and injustice treatment. It's very complicated. I hope we can help stop this abuse. I miss my angel more than anything and missed the time she could've enjoyed. I dont blame anyone for anything in my life. But in this case i do. The court system and the ones making a more the huge profit from elders. I am hurt for her sake and others that are going though this situation and have went through this." July 30, 2014

Cynthia Wadsworth, "My elderly mother is trapped in a situation where the courts in NC are taking away her family and her rights to visit with family. In NC clerks of superior Court are allowed to determine what happens to the elderly. A person can walk in and provide hearsay and take away the rights of an elderly mother. It is disgusting what has been done to her. THis has to stop.", July 30, 2014

Tracey Ann Miller says, "My brother's co-guardian and the attorney that I fired spent in excess of 10,000 out of my brother's estate to have me removed as guardian. I have had restrictions in visits, cannot contact my brother unless I go through this attorney/guardian, they sold his home for much less than what it was paid for back in 1993, the insurance company had agreed to pay for my visits (he is 300 miles from me) and then decided not to, so my brother's estate has to pay for any visits (in brain injury chances of family sent to another state for care is very common and high). And now the doctor and owner of this facility with this attorney/guardian is seeking in excess of 19,000 for the doctor's legal fees out of my brother's estate for my filing complaints per the Long Term Care Ombudsman and Commissioner with the Human Rights Committee and their Medical License which the guardian and doctor and his attorney deemed "unfounded". None of what I filed was unfounded in my opinion, however, I was not allowed to attend any of the hearings, if there were any! Talk about injustice" July 25, 2014

Barbara Mosher Finger:  " The judge who set our mess in motion said "there must be some money somewhere or you would not be here" - there was no money of hers so they took ours - threw us out of the home she left us and now the other lawyers want everything else we have because we lived with her. We were lucky enough that the money ran out and we got her out of the nursing home so she could die at home 4 mos later. This is a crime and we must figure a way to stop it." July 21,2014
Laura Rudolfo "I watched a man, that ended up homeless, yet he went and spent everyday at the library, reading,was happy with his life, tripped on a sidewalk, went to the ER, and they tested him for a heart attack. Did not have one but because the Doctor didn't like his attitude, said although he was highly intelegent he could possibly be in the beginning stages of dementia. He went to a very prestigious collage and was a doctor. I watched them take away all of his rights, and because he had nowhere to go, they spent his money and put him on title 19 for his own good. He was in a locked down Alzheimers unit and waited for money follows the person. They don't push that because that is a paid for bed. He became depressed, reclusive, and eventually died. No advocate helped him. That is when I realized that in the United States of America, they can take away all of your rights and freedom. It is unbelievable. He was fine, except a doctor didn't like his attitude." July 10, 2014
Lace Charnoske, " I've been fighting for my father for almost 2 years now. The court doesn't care about evidence, just opinions. I'm $40,000.00 in debt, and it's not over yet !"  July 10, 2014

Beverly Donias: "you all have great suggestions if only they worked. Ive done all of this and was still kept from my mother . Because they said we were trouble makers and just upset her. Mom always cried to go home with us. The guardian refused so who was really doing the best interest? My mom was 65 and was only in the nursing home for back rehab. But was put on antipsychotics that made her blind and deaf. And under there care she had repeated blood infections. This is the real reason she was placed under gurardian ship to protect the nursing home. It is a well oiled machine where the courts, guardians, nursin homes, hospice, and even some state workers all work together. When they decide to place your loved one under this type of Guard there rarely is a way out for them. Even the authorities wont get involved where a judge is, July 10, 2014

Ke Kevin says, " I know it's true as soon as my grandfather richard maass was kidnapped from his home by the evil trio of Mary giordano Anne recht and judge asarch his health got worse. Asarch paid for his crime just hope that Mary gets disbarred and arrested those people caused so much pain to so many people"  July 9.2014

Rick Black  " This is my first realizing one of Americas biggest dirty little secrets. The knowledge that our government and courts sponsor elder exploitation is beyond belief. We just finished a yearlong trial in NV and have felt first hand how the system supports the exploiters and insures loved ones are isolated and their assets fully wasted. Can't believe this can happen in America." July 4,2014

Harry John Bous  "All this I have Witnessed happen All for taking the money of the Elder. Devilish Unethical Criminal Manipulation by creeps who manipulated Society for Disability Pension, parking, selling their "parental" property, charging magazines and sundries to neighboring Elders, destroying their house, harassment, Extortion."  June 29, 2014

Finley Eversole says:  "Three generations of my family (me included) have been targets of the Alabama probate judicial system, which stole from us every cent we had. I had a $2 million successful small business which was simply seized in March 2000 because I blocked the court's efforts to take my mother from my care, as they had done her mother from her care in the 1950s"--June 26, 1014

Daniel P Ryan, " The truth is guardianship is the most heinous, legal human trafficking, racketeering scandal in Amierca!!! It is organized crime of mammoth proportions that preys on humans based solely on greed. The guardians, lawyers, judges, nursing homes, APS, CPS, real estate agents, etc. all profit fron this lucrative industry in human ownership. Once they snatch you, THEY NOW OWN YOU!!! You have NO RIGHTS WHATSOEVER!!! Everything you own is all theirs for the taking... To top it off these professional kidnappers will almost always isolate you from your loved ones and medicate until you die lonely and destitute. Standard M.O. in so many cases! It's our American Holocaust, and as EVIL AS EVIL CAN BE!!!"  I should know.  My fiance was taken.   June 24, 2014

Luzma Umpierre " If you live in Florida a national tragedy occurs in this state where they can take your rights away as soon as you are an elderly person for the state to manipulate the taking of your home.   I have been Baker Acted once because all I asked at a facility was an estimation of why some of my medicines like Advil did not work. The second time I was Baker Acted they let me go without problems because I listened to their advice and did not rebel. Curious world in which you can still suffer abuse if you stay in Florida. They want you to lose your property so that they can take over your estate and sell it"  June 24, 2014

Bonnie Kauffman-Sosna  "Well they really need to investigate guardians because I know of one that is taking the person for all she's got. I see that they make friends with the person and just like that they are happy to have the help and without knowing it, they are out of circulation. That's what happened to a friend of mine that's in her 80s."  June 23, 2014

Layne Sacharin: " we have gone thru all of that, & STILL going on. In Tennessee, I was restricted from visiting with my dad for the last 2 years of his life. I was called a "trouble-maker" because I took photos of my dad's abuse/neglect & sent to the state. I had to take Mom to a hotel 4 times when the utilities were cut off for non-payment . . . Now they have filed for conservatorship of MOM. We went to court June 19, followed by "mediation" meeting, since they had agreed to drop petition for conservatorship if we go to mediation. Mediator said she can squash me like a bug & evict me from the house any time she wants. Mediator is supposed to be NEUTRAL!!! How NEUTRAL is someone who tells you they will squash you like a BUG!!!??" June 23, 2014


Linda Ryals says, . . ."Our home is about to go into foreclosure, my lights have been cut off by the guardian because they were in my husbands name, all bills that were in my husband and my name have gone unpaid, I have not worked since 2005 and now being put out on the street, my only advice from attorneys is to file for divorce to try to get half of all marital property, my question is how can the laws let a guardian come in a take a husband from his wife and then treat her as though she is nobody after almost 18 years of marriage, I am 61 years old and not able to get out and get a job, is there something that I am missing about our judicial system? If there is anyone that could answer my guestions, I would be so very grateful to hear from you. I have not been allowed to even see my husband for year now because the guardian says I upset him when he sees me because he begs me to bring him home. Thank you"  June 23, 2014

Anonymous says: "A man had a seasonal home in FL. His daughter found out that a Guardianship had taken him over. She did not get due process. The lawyer and guardian made off with his entire estate. The gentleman has died and the daughter is tied up in costly litigation to get justice for her Father. As hard as it is to believe, this can happen to a beloved parent or relative. All it takes is one report - and all that they worked hard for their entire life is gone."--June 20, 2014

Ms. Taylor says,  "many care givers, and Attorneys help steal the estates from the elderly and the disabled and sickly. They get them in the hospital were I work and they get the victims through the case managers working at the hospital. The Case Managers are in a relationship with the attorneys who donate large amount of money to the hospitals to grease the skids. This 'relationship' has to be a conflict of interest. This is clearly wrong and the Public needs to realize what is happening. The families have no rights. The Attorneys adopt themselves into your family by illegal force of there authority."--June 2-,2014

Laraine Harris Lamb:  " My mothers cousin in his 70s was taken in to adult protective custoday by the state where I live and placed in a nursing home, which almost mirrors a prison...I know both as I have worked in dept of corrections 13 years and now in long term care, so I can make a fair comparison. I was talking to his state casemanager about moving my cousin to another nursing community due this one being one of the worst in our state. He was balking at the move, so I started asking him questions about my cousins like/dislikes and he knew NOTHING...he doesn't even know where my cousin wishes to be buried...total disgust with this system."  JUne 21, 2014

Robin Spurling "When I realized my sister had depleted all of the money my parents had worked do hard for and my mom had to take care of herself if was too late. State agency for aging investigated and found there was financial abuse but no one would do anything but the lawyers conspired to have mom out under guardianship of the county. They refuse to give me any financial info or to take care of the properties. No one wants to help only to suck the life blood out of the elderly. It is a racket and the courts should be held accountable." June 12

Brenda Durant: "These ring of thieves are operating in courts through out our country! Beware of "retirement communities, like Granbury, Texas; where the court appointed Attorney AdLitem committedd felony crimes against my mother, me, and tax payers; but, the local D.A. refuses to prosecute; and by law he is also now as guilty! he says he won't prosecute because he likes the brother of the District Judge, who happened to be the the criminal! is it possible that the same D.A. was fomerly one of the court house bandits, who turned our most vulnerable into their prey?"  June 6

Deborah Buttrum: "My parents were almost a part of this but my brother and I got a guardianship of our parents with their knowledge and agreement to protect them. We had a gentleman come into my dad's room in an ICU and try to talk about this issue. He picked the wrong person because my dad was in his right mind and told him to get out. When my brother went to visit my dad told him to get a lawyer. I am a nurse and this really upset me but social workers many times are on a powertrip."  June 6

Erna E. N. Boldt: " In my case, I am the victim, alive and perfectly able to fight for my Rights.... however probate ordered,without my presence the removal of my rights to my assets, setting it under trust...How is,that for a court to take,away an elders rights, legally registered in my name.....No one has been willing to defend my rights....."  June 5

Gracy Windham: --it happened to my Mom too..now she is dead..from it all...I thought I could do something?? greed is wicked!"  June 5

Lesa Hall--" It happened to me . . . the deputy commissioner who oversees the probate court guardianship hearings had already determined that my mother was going to be a ward of the state long before the hearing date." June 5

Lace Charnoske:  "We were all naive, until this happened to our loved ones. I've sat in the court and listened to lie after lie about me as well. Going back to court on the 23rd, but this time I won't sit quietly and listen to the lies anymore ! All the Judges are corrupt, and need to be removed from the bench !!"-- June, 4

Martha Hudson   "The first year of my guardianship cost over $25,000 in legal and court fees! I thought the intent was to protect the ward from exploitation; obviously that doesn't apply to the attoreys and the system."  June 3

Rebecca Stewart:  "So, what can be done ? I need to know, because that's happening to my mother , I can't get her released from Thomas hospital until I sign over her assets. They are taking me to court soon" June, 2014

Fran Hernandez "My aunt was found after a year of more of neglect and abuse at a assisted living facility. The facility is now turned in for abuse and neglect. My aunt meanwhile has a had stroke and was dropped at a nursing home.I was able to see her finally after years of this. This so called conservator is turned into the court and has an investigation pending. She will have her services terminated in July. She lied to the nursing home and said she had no next of kin. The same person that broke into my home years ago was listed as my next of kin. I saw it for myself. I straightened out myself. The so called guardian says I am not supposed to ask questions at all. I did not have to ask the nursing home told me all. This is going under the Superior Court of San Bernardino, CA under court investigative services."  May 22.

Norma Carpenter says." My awesome little 83 year old mother was taken from her children, grandchildren and all her friends of 50 plus years. My mom and dad saved their entire life so that their golden years would be spent in their homes. The money was there to keep Mom, but the uneducated guardian appointed by the courts saw the amount of money to be had, got her hands on it and the rest is history." May, 15

Lace Charnoske "Let's expose ALL the scum who benefits from the elderly ! I've had enough of this crap ! Now my fathers guardian is trying to keep me from seeing my father ...IT'S NOT GOING TO HAPPEN ! The stupid Judge Carl J. Marlinga, and my fathers guardian George Heitmanis will see the wrath of one pissed off daughter !"  May, 13

Jo Carr says: " Time to get Legislation that KEEPS the State Government Agency, DHS Adult Protective Services from Taking our Parents if they have any assets and are growing to be elderly. WHAT happened to Respecting our Elders? Mine were Locked up in a place 30 minutes from anyone they new and taken by Court order from their home of 40 years against their will with NO knowledge that it was coming." May 10, 2014

M-j Bailey:  I've had grueling day - my father is a Victim of Elder Exploitation & legal exploitation - by his 3 primary caregivers, his 5 attorneys, a judge and a GAL, plus his sister and her children - 3 cousins - so that is a total of 15 people surrounding him that preach to him day in and day out heinous lies about me - his daughter, my brother, Fred - his son and our family's . I say wow - look at how many people it is taking to keep the truth from our father. Today - I had a hearing about NON-COMPLIANCE to an order to return my mothers personal property that I had in safekeeping that was given to me buy the caregivers and also delivered to my home. I asked that I be able to present the items to my Father, as the "LAWYERS" and "CONSERVATOR" demanded that I present to them and not my father. I asked the court and the judge - why I cannot see my father and present the items to him - and he referred to my father's attorney - and she stated - "Mr. Bailey" does not want to see or speak to his daughter. I have been barricaded from any contact with my father since 2013 - I have mailed letters and they have been intercepted and also returned - with - moved left no forwarding address. The Court/
Judge - found me in Contempt and ordered a 10 day encarceration in York County Jail - oh - he suspended it - as long as I return all the items of my Mothers, pay the attorneys that are supposedly 'protecting my father" to the tune of $3900.00 - what is wrong with this - I'll tell you - one word - GREED......I will not stop until each and everyone of these predators are brought to justice......My father has no idea of what has happened to him and the family he built...his home of over 50 years that we all built as a family will be auctioned off - not for his benefit - but for the 15 people around him....
Mom - Dad - I promise to you both and it will be my mission - I will not stop until all that are involved in this horrific crime of Elder Explotation and Legal Explotation againts you both are brought to justice and it is known and published world wide. This abuse needs to be stopped. Our State and Federal Government need to pay close attention to these outrageous crimes - DO NOT LOOK THE OTHER WAY......the people you think you trust are far from the ones that you do trust......."

Tammy Hook says,: "I know this is a very evil thing going on , it is an organized crime ring ,a greed / scam .it seems to me that the corruption is so out of control that the goverment needs to hear the cries of the familys who's loved ones are being abducted and held captive against their will. as a randsom for profit this is an outrage what they are getting away with !!! and I know people who may be reading this will shake their heads and say that that can be true ,that can't be happening well sorry to inform you, it is truely happening to loving, caring, good families I am a very good mom ,I Love my son more than anything !!!"

Sylvia Head says, "My request to have her returned home on 02/20/2014 was DENIED because she might die in transit. Then on 02/22/2014, at 11:00 pm, I was arrested for Disorderly Conduct and banned from returning without a Police Escort. I had demanded an IV, her daily maintenance meds given, and NO more ORAL Morphine. When told to leave by Officer Gibney, I tried to sign a Termination for Treatment and have my Mom returned to her Home but I was told that I was NO longer acknowledged as her Power of Attorney. My Mom had lasted for 5 days before her God called her Home at 5:30 pm... without allowing me to return to her DEATHBed..."

Kimberly Usher says: " Our Grandmother was "stolen", we were not allowed to see her for 4 years, and now after she has died ...This person has done the same thing to 5 other elderly people..." April 10, 2014

Jae Kenworthy : " I have a no contact order and can't contact my loved one in anyway or I will be arrested. I would do something more if only I knew what to do. The judge and GAL and the attorney have all the power.I have tried everything. I have no money to fight and they have threatened me. They accused me of financial abuse and wont let me have any contact. I never did what they said I did, but now they are doing everything they can to take everything away from him that means anything to him. I don't know what to do anymore or how to fight. They took away his power and any power I might have had by making me the guilty one."  April, 2014

Fran Hernandez: "I have been dealing with a lying conservator for the last nine years. I have seen her lies on court documents. Down to how she stole my aunts money labeled the family as in myself as abusive. Never laid a hand on the lady. Going to court on the 14th and
threatening to sue her for defamation of character and slander and for my aunts money back. She now has my aunt locked up in a nursing home and I cannot get any info if she is dead or alive", April 11, 2011

Lorri Burnett:  "This roller coaster of threats is hell... My heart breaks every time I think that something I may post will hurt her. The fact is... They took her  What else can they do to me? They can't kill me! Her story HAS to be told. Her life has meaning! They can't hurt me anymore.... They can take away all the "things" but they can NEVER take the love. If I don't speak FOR her, who will???"

Teresa Shaw--"  Both of my parents were victims who are no longer here. I still suffer everyday, I still cry a lot and have and still experiencing deep depression. I wish I could of done more. It hurts to see that so many people are going thru this abuse. And the laws are blinded by greed."

Rebecca Stewart says: They are taking  my moms house, she paid cash for in 1956, car , all assets and forcing her to live in a nursing home, her greatest FEAR, she's a retired nurse , always caring for others and this is the THANKS she gets !!!. . . , I believe she is dying there, she is so doped up she has lost the will to live And knowing they're  everything she worked for all her life, I think there trying to get this done quickly , before she dies."  April 10, 2014

Marcella McClendon:  "I am facing the same situation here in Colorado. It is so cruel, and
after they stick you in a nursing home, they discontinue vitamins, or anything that is not a prescription, and leave them a few dollars for personal needs. I think our Doctors think they should decide who should live, and who should not.", April 9, 2014

Frederick Bailey--"This has happen to our Father, Robert L. Bailey- chapter and verse-the dirty dozen that has been suffocating him has been executing the playbook described above without missing a step. My sister and I have read many of the stories on this site and what is amazing is how absolutely identical each story is.", April, 2014


Willard Onellion says in response to a guardianship case: "man this sounds just
like my dad. we were told we were abusing him- we weren't. Then they
put him in a nursing home and told us we could not see him. He died 2
mionths after that because he gave up the desire to live." , March 28, 2014

Leslie D. May says--" Yes, we are fighting in Court for similar
conditions except our loved one died. There are signed documents which
are forgeries because he was totally paralyzed and couldn't even feed
himself"—March 28, 2014

Kathleen Dunn says, "My mother had to pay for the attorney that petitoned to have her declared incapacitated, she also paid for a doctor that never saw her. . .My mother told her professionsl guardian and the court monitor she wants to live with me, my mother's wishes have been ignored. She is held against her will, she never leaves the facility unless it is a trip to the hospital, she sits all day in a windowless
room with nothing to do and to drugged to do anything. My mother is denied memory care and the basic comforts of life. My mother's house and life have been stolen from her by the very people that are supposed to protect her and these are the people she needs protection from. ." March  2014

Vickie Robertson My aunt has been in Capital Circle Nursing home 4 ever, I mean for Yrs and yrs. have pics of seeing her over 10yrs ago, nothing to her, can't in my mind how she has stayed alive like this, My sister and I have tried to find info on her but unable to Her name is NETTIE VICTORIA COLLINS and this oct she will be 100 yrs old. any info greatly appreciated as many family members that live down there, live in NC and taking care of her only sister with dementia,"  March 27, 2014

Barbara Stone says, "My beautiful 86 year old mother, Helen Stone, is being held in captivity and abused and exploited by Jacqueline Hertz who operates a for profit enterprise that trades and human trafficks in our elderly parents under the guise of "guardianship". Under Jacqueline Hertz abusive regime my mother has been deprived food, medical attention, services and is being held in isolation from me and the outside world. She was admitted to the hospital with malnutrition, pneumonia, dehydration, infection, failure to thrive and a host of other life threatening conditions. The 11th circuit court in Dade County is the facilitator of this human trafficking enterprise. Help me bring my mom home. Tell Governor Rick Scott to remove Helen Stone from her captivity by a total stranger and return her to her daughter. Tell Governor Rick Scott that Florida is a dangerous place for the elderly to retire so long as predator "guardians" roam the state in search of their prey. " Barbara Stone. 2014

Linda Braddock Ryals, who has not seen her husband for 7 months (the police are called if she visits) says: "The professional guardian who has taken over (my husband) now has over 100 wards that she gets by going into nursing home etc and filing emergency guardianship on these helpless elderly people and then as soon as she gets guardianship starts selling their homes, cars, cashing in their life insurance policies, spending down all their money so that she can put them on medicaid. You can look her up in Duval County Clerk of Court web site under Constance Buchanan . . . Hwe husband James Buchanan actually owns a business by the name of Property Management Consultants in Lake City Florida that auctions off these "ward" property, you can look on facebook under Property Management Consultants and see the property thatis being auctioned off. Please spread the word on this guardian in Lake City Florida so that she will be exposed and maybe a few peoples livescan be saved from these greedy selfish people.", March, 2014

Joyce Burns:
"After what happened to my aunt, anyone who is over 55 better know that
people are salivating to get guardianship over you.. " March, 2014

Colleen Anne Crouch Uhl-Snow: This happened to my husband's mother in
law and once it was done, there was no say by family, no stopping it.
All because her husband had made PNC bank executor of his estate. After
her death we could not even go into the house without a bank employee
and all family heirlooms had to be purchased from the bank, March 2014

Daniel P Ryan "The judge who ordered Pauletta's guardianship; Jack St.
Arnold is the same judge who sentenced my loved one to life in prison
with less rights than a death row inmate. She was fully capacitated, and
went to the gym 6 days a week. In prison you're allowed to have
visitors, receive mail, and make phone calls. - NOT MY LOVED ONE! It's a
hell of a way to enjoy your golden years... We were going to be married
and honeymoon in Europe in just a few months..." March, 2014

Jan Pewsey says, "The investigation needs to be nation wide. The
Guardian/Conservator abuse is everywhere. My Mother was taken by her
court appointed Guardian against her wishes because of a family
squabble. Three months later she is on hospice care, not much hope for
her to recover. The conservator is not paying her all her bills,
inaccurate late inventory filed. She has paid out over $5,000 in fees to
them in the last year, for something she didn't need or want. It is an
embarrassment to have a court system which works against the innocent
elderly defenseless citizens of the USA" March, 2014

Cheryl Anne Good "I'm glad,We were at the end of this with my Brandon in 1994
it killed my soul..They DO NOT HAVE A CHILD'S BEST INTEREST AT HEART NOR
AN ELDERLY PARENT.." March, 2014

Julie London Ferguson:   "My Mother is being held by a corporate Guardianship per a court
"emergency" order. They are a non-profit and are letting 'indigent'
people in need go by the wayside (dropping them) to keep people like my
Mom who owns a home."  March, 2014

Rose Anna Buchanan says, " this has happened to my sister who was lured to leave her home in Californiato visit a son who was in a facility in las vegas ,Nevada. when she got there she found herself committed, her daughter is her guardian , her cell phone taken and her computer not working so we can no longer have coffee togather via e-mail.. her letters to me have been tampered with and I don't have the funds to help her. she has plenty of money but can't get any of it unless her "guardian " gives it to her. this all happened within weeks of her husbands death. the daughter said she was demented and took advantage of her grieving and being alone. Her home, automobile, furniture, everything is gone."
Beverly Williams Donias:  "Nothing would have changed the outcome of my Mom's Guardianship. They intimidated me into filing for guardianship. And the day of the hearing there was no hearing to contest because the decision had already been decided in a closed judge chambers. It was to place Guardianship Services as the guardian although I was a willing , able and suitable family member who had filed for guardianship. I was told if I didnt file then the Nursing home would and they would become my mom's guardian. And I would no longer b able to make decisions for her or see her.", April 1, 2014
Tammy Vaughn Curtis:In the state of OK ANYONE can walk into an Attorney's office, lie about being a caregiver or interested party, call the current POA into question & file for guardianship. How do I know that? I lived this nightmare for 3 yrs after my grandmother's longtime "friend" convinced her that my mother was stealing her assets, had her sign a revocation of my mother's POA & filed for guardianship. If you assume that DHS/APS will take the side of the POA daughter even though there was no evidence that she had stolen anything you would be wrong. All of these people have a vested interest in keeping the fight going as it makes them money!  April, 2014


Gloria Sykes: "Two weeks ago attorneys Peter Schmeidel, Cynthia Farenga and Adam Stern, appeared in an es parte proceeding in front of politically connected judge Jane Louise Stuart and Stuart rubber stamped a hand written order (by Schmeidel) in sum, that stole my entire medical fund (over $200,000) claiming it belonged to my mother, Mary G. Sykes and would be used for her care. Instead my hard earned savings -- Im a breast cancer survivor -- is being used to pay Schmeidel and the lawyer at Fischel and Kahn fees for their time financially exploiting and abusing my mother -- and me! Money laundering is how the Probate divisions/guardianship attorneys get millions of dollars of assets of seniors every year, and it goes unnoticed because the money is turned over under the color of law... to lawyers!   Carolyn Toerpe told me on September 20, 2009 that she "hoped the stress of the litigation brings back the cancer and this time it KILLS" me. She also said that she would render me homeless, penniless and that I'd never see my mother again. It is clear that this Cottage Industry of lawyers are very powerful. VERY POWERFUL."  April, 2014

Tuesday, September 2, 2014

Kerri Kasem E-mail Response: “Visitation Bill” AB2034.






Dear Misty,

Thank you so much for sharing your story.  It is heartbreaking to hear about so many families who are going through similar situations.  The Kasem Cares Foundation is working diligently for change.

Please note that my team and I are working very hard to pass the “Visitation Bill” AB2034.  Assemblyman Mike Gatto is leading the charge in California.  Please write your assembly person and senators in your district and let them know how important this bill is because we will be coming to your state to get this bill started.

I continue to hold out hope that all families caught in situations such as mine will see change in the near future.  We at Kasem Cares will continue to fight for visitation rights for those who have been blocked from a loved one and against the injustice of elder abuse.

Thanks for your patience in waiting for my overdue response to your email.  Your story did not go unnoticed.  Please reply to this email and let us know if we can use your story to help our cause.  We would love to use your real name in your story, but we can keep anonymity by using initials and changing the names of the people mentioned.  Please specify which you would prefer in your response.  Thanks so much!



With love,
Kerri Kasem
  
Kasem Cares Foundation

Monday, August 25, 2014

Countdown until the guardian ad litem recommendations are due!

Jumping for joy and counting down the days until 9/20! By this date the new ad litem will have made her decision and submitted her recommendations to the judge regarding our case and visitation with Jim. Aiden, my mother and myself are more than ecstatic to finally speak with Jim again without the threat of harassment or trespassing for doing so. To be a family again.. never sounded so good!

<3 #FREEJIMMY

Wednesday, August 6, 2014

Nominate Marcia Southwick -- Boomers Against Elder Abuse (People Magazine).

Please nominate Marcia Southwick (Boomers Against Elder Abuse) By E-mailing People Magazine: heroesamongus@peoplemag.com




Marcia Southwick of Santa Fe, New Mexico is the founder and administrator of Facebook page, Boomers Against Elder Abuse, that has 65,000 followers. She is an amazing person who volunteers her time, huge talent and concern to a cause that few know about but that is a deep and destructive force in American society. She shines a huge spotlight on these incredible abuses, that cut across all parts of our society, and her efforts have united strangers in their quest to find out how their loved ones are mere pawns in a system gone haywire.



It's hard to imagine what could be more important other then the flip side of this coin, which is children caught in the web of "court protection". The most vulnerable in our society, the elderly and children, need to be heard. Marcia Southwick has given them a voice, and nothing could be more important. Her 65,000 plus followers will cheer if People honors her as a Hero Among Us. Few could be more deserving.


By: Ellen F. Oxman

Thursday, July 24, 2014

An adoptive mom loses custody of her troubled daughter to Guardian

Saving Katia An adoptive mom loses custody of her troubled daughter
By Jeff Prince


Adopting orphans from foreign countries comes with risk, but Kathie Seidel was willing to roll the dice. She was hurting. She wanted to be a mother again. For more than 20 years she had showered love on her only child, Brian, and his accidental death in 1989 had sent her reeling.
“Everything in my life was an adventure with Brian,” she said. “He was such a joy, and I wanted to have that again. Parenting was the best thing I ever did with my life.”


Unable to bear more children, she decided to become an adoptive mother. At 40 and single, she wasn’t the preferred candidate for American adoption agencies, so she looked overseas. Her first adopted child came from Russia in 1993. Four-year-old Greg arrived with problems and charms. Hyperactive and diagnosed with attention deficit disorder, he was also intelligent, sweet, and loving. Seidel was crazy about him; he adapted well to his new home, and they quickly bonded.

But this time around, she decided against raising an only child. Greg would get a sibling. The two adoptions together would cost $32,000, but Seidel’s career in computer software sales was thriving, and she could afford it. She chose a girl who had lived the first eight years of her life in a Russian orphanage.


On the outside, Katia was slender, pretty, and dark-eyed. On the inside, she was a time bomb.
“Katia came, and all hell broke loose,” Seidel said. The girl bullied her new brother. She was autistic and slow to develop. Epileptic seizures appeared to have caused mild brain damage. And she was later diagnosed with attachment disorder, a behavioral problem associated with neglected or abused infants who miss out on being held, rocked, baby-talked, nourished, and otherwise loved in their first 18 months. These children have difficulty bonding with adoptive families and can exhibit destructive outbursts, known as rages, along with other socially awkward behaviors, including cruelty to siblings and pets, lying, and food hoarding, and often have difficulty establishing relationships with peers.  Seidel soon realized the girl was going to demand much of her time and resources, but she was up for the challenge. An award-winning volunteer at social service agencies, she’d earned a master’s degree in special education and had taught emotionally disturbed students for years.


“Katia came to the right place when she came to me,” Seidel said. As it turns out, knowledge, experience, love, and determination don’t guarantee rosy outcomes. Seidel’s life turned upside-down. These days, she finds herself frazzled, heartsore, and broke.
“My retirement money has been wiped out,” she said.


While Katia’s condition certainly played a role in those problems, Seidel said her biggest obstacle has been overcoming what she and others call a fractured, underfunded, overwhelmed, and vindictive system that is supposed to provide services to people with cognitive disabilities in Texas. She’s spent thousands of dollars on attorneys trying to fight court and government actions that have replaced her as Katia’s legal guardian and moved the girl to a succession of institutions and group homes.  “If you buck the system, they put your kid in an institution,” Seidel said.


Local officials hesitate to discuss Katia’s case, citing confidentiality issues, but they say Seidel wasn’t cooperative and that the girl is doing better after being removed from her home.
Tarrant County’s guardianship system, which deals with children, the elderly, and those not mentally capable of representing themselves, is considered among the state’s best. But the staff is overseeing 1,300 guardianship cases with limited resources, and some clients can be volatile. Robert Gieb, an attorney appointed to represent Katia, described Seidel as likely to torpedo most situations. “She’s convinced it’s her way or the highway, and she doesn’t like anybody who disagrees with her,” he said.


Seidel said she’s just fighting for her daughter against a stacked deck of judges, court investigators, attorneys, and agencies working to squash parents who demand services and attention. An expert in the field of attachment disorder is questioning how Katia’s case was handled. Other parents of mentally challenged kids describe a system that pits parents against officials in court battles in which everyone loses.


“What happened to Kathie and her daughter is wrong, ” said Michelle Dooley, whose son was also ordered by a local judge to be institutionalized. After his release, she moved him to another city. “I will never have my son back in Tarrant County, because I don’t like the politics they play here.”

Seidel flew to Russia in 1993 to meet Greg before she adopted him. Her second adoption, in 1994, was different. “With Katia, her orphanage director wanted to bring her here,” she said. “I found out later the main reason she wanted to come here was to buy leather coats and take them back to Russia and sell them.”


Seidel was just happy to get a daughter and expand her little family. Before the adoption, she’d seen a photo of a thin girl in a simple dress with a huge bow in her hair. A video had depicted the girl walking and riding a stick horse. Everything seemed fine. When she arrived, the girl spoke no English but made it clear that her time in the orphanage was tough. She would pick up a tennis shoe and point to her bottom and imitate spankings. As she learned English, she gave more details.


“She had to clean the potties of the younger children and didn’t wear any gloves or anything,” Seidel said. “They worked in the gardens three times a day, and she didn’t go to school. They didn’t have much in the way of food. She told me about mice and bugs running all over the place.”


Given up for adoption at birth, Katia arrived in the States with anger and self-esteem issues. She was born with only one ear and was embarrassed by the deformity. But there was a deeper problem. She could be sweet and joyful but also lapsed into rages. Sometimes she treated Greg like a trusted companion. Other times she’d physically attack him. “I’m going to kill you” was a common threat during the rages. Her behavior is typical for someone with attachment disorder.


“Katia knew that Greg had had a similar experience at the orphanage, but she thought he stood in the way of getting close to me,” Seidel said. “She was going to do anything she could to hurt him for many years. She didn’t understand when she got here that she and I would be just as close as Greg and I. It was hard for her to see there would be enough love for everybody.”
Greg, now 20, is forgiving by nature, and he and Katia grew closer over the years.
“She loves him now, and he is so good to her,” Seidel said. “She has worked so hard to get better.”


Katia would be better off returning to her own home or at least being moved to a group home in Fort Worth that’s nearby, Greg said. Instead, she’s socked away in a Denton County group home and prevented from seeing her family regularly, even though she’s homesick, he said. “She’s supposed to have rights,” he said. “She’s 22, and she’s not even allowed to see her own family. For her to want to see her family so badly and not be able to is not right.”


Studies have shown that the best method for raising many developmentally challenged children is to integrate them socially and allow them to live and work around people without disabilities. Seidel tried to get home attendant care and respite services through Tarrant County Mental Health and Mental Retardation. But funds are so short that the waiting list stretches for years. Katia’s behavior, seizures, and need for medication meant Seidel was taking off from work often. Her income shrank. She wrote many dozens of letters to local and state agencies seeking in-home help. Finally, in 2006, she wrote to Gov. Rick Perry, explained her situation, and received permission from his office to be moved up on the waiting list. The respite care never came. Within months, Katia was institutionalized despite Seidel’s pleading.


Prior to 2006, Seidel had a good relationship with Tarrant County MHMR, where she volunteered. The agency awarded her a certificate of appreciation in 1999 for her “dedication, support, and valuable input.” Seidel said the relationship changed once she began pressing for home care and complaining to the governor about a lack of services. The last thing Seidel wanted was for Katia to be institutionalized; attendant care would have allowed the girl to stay at home with supervision, freeing up Seidel to work.


Seidel blames MHMR for providing what she said was false information to probate court officials that allowed them to remove Katia from her home and put her in Denton County’s Cimarron Living Center, a facility with a long track record of neglecting its residents. She also accuses local officials of removing her as Katia’s legal guardian in a closed-door meeting that she was not told about. She said court officials don’t understand attachment disorders and eventually prevented her from visiting her daughter.


“This is what happens when there are no services available – families get destroyed,” Seidel said.

Katia’s behavior had been much improved in the months leading up to her institutionalization. In April 2006, she had started taking nutrition supplements under the care of a medical doctor. The effect was noticeable to Karyn Purvis, director of the Texas Christian University Institute of Child Development. She specializes in attachment disorders among adopted children from foreign countries and noticed that the supplements had changed some portions of Katia’s brain chemistry, which “meant fewer seizures, less behavioral problems,” she said.
 

Whereas Katia used to rage once or twice a week, she had gone five months with only two rages, according to her mother. But on Sept. 28, 2006, she had a setback. Katia came home from school — the Boulevard Heights Transition Center’s Life, Education, and Preparation (LEAP) program — in a bad mood after clashing with her special ed teacher. Too much stimulation and activity sometimes prompted rages, and Seidel spotted the signs. Katia squabbled with her brother and said she wanted to go to a Chinese restaurant. Seidel told her no, and Katia erupted, throwing a chair and kicking her mom. When Katia was little, Seidel could hold her daughter until the violence subsided. But Katia was grown and strong. Seidel called 911 for help, and an ambulance took the girl to a hospital.

“I thought that was the safest thing,” Seidel said. Instead, hospitalization set in motion a chain of events that led to Katia being removed from her home against her family’s wishes.


As she had done many times through the years during rages, Katia threatened violence. Threats are common with attachment disorder, often followed the next day by extreme sorrow and pleas for forgiveness. According to court records, Katia told hospital staff she didn’t want to go back home. Seidel, though, maintains Katia actually said, “I don’t want to go home until I’m better.”


The next day, Tarrant County Probate Judge Pat Ferchill assigned a court investigator to evaluate the case. On Oct. 2, the investigator applied for the immediate removal of Seidel as Katia’s guardian, without bothering to notify the mother. Ferchill appointed attorney Robert Gieb as guardian ad litem to represent Katia. That same day, the judge assigned legal guardianship to a nonprofit organization, Guardianship Services Inc., which serves adults who lack the ability to manage personal or financial affairs.


On the order for removal, the judge noted that Seidel “did not appear at the hearing.” But Seidel wasn’t invited, consulted, or even aware of a hearing. The court can remove guardians without their knowledge in cases involving neglect or abuse, but people who know Seidel say she is her daughter’s biggest champion and defender and certainly no abuser.


The judge wrote in his order that Seidel “has neglected the ward by refusing to have her assessed for more appropriate facility placement, leading to physical altercations between the guardian and the ward, ultimately leading to inpatient psychiatric care for the ward.”
Seidel, however, said she was a fall guy, that MHMR had failed to follow through with Katia’s assessment months before. Seidel didn’t complain at the time because Katia was doing so well on the supplements. Later, MHMR would blame her for not getting Katia assessed for respite care in a facility, and the court used that as a reason to remove custody of her child, Seidel said. She has spent every day since then fighting to get Katia back.
MHMR did not respond to the Weekly’s request for an interview by press time.


“What’s happened to Katia has been horribly grueling for her family, and her mom has been excluded from her care,” Purvis said.


Purvis wrote to Gieb on Oct. 7 describing how the supplement therapy had improved Katia’s behavior. She provided test results showing “significant shifts” in the neurochemicals associated with seizures and psychotic behavior and explained how crucial it is that adopted children with attachment disorder remain close to their families.


“Our institute specializes in working with traumatized children adopted from international orphanages, and a cardinal principle in working with these children is to avoid isolation at all costs,” she wrote.


The TCU institute recently received a $60,000 grant to provide training on attachment disorders and the effects of trauma, for judges, lawyers, caseworkers, and guardians ad litem across the state.


“There is a great hunger to know more,” she said.
But Purvis never received a reply from Gieb. And Seidel said that Katia is no longer receiving the supplements.


“I offered to consult with them on Katia’s behalf,” Purvis said. “For a child that’s raised in an orphanage like Katia was, to be cut off suddenly from her family for a long period of time can be a very critical blow.”


Purvis spoke with authority — she has known Seidel and Katia for 10 years. Katia was among the first children to attend one of Purvis’ TCU-hosted summer camps for kids with attachment disorder in 1999. Purvis has remained in sporadic contact with the family over the years.
“Kathie is a fierce advocate for her children,” Purvis said. “She is an attentive mom and a devoted mom. Being a fighter for your kids can be misunderstood or misinterpreted. Quite frankly, a parent who is an advocate is a lot more trouble to work with for an agency or institution, and she is well studied on these topics.”


At first, Seidel was allowed to visit Katia. But after she began complaining about the low quality of care being provided at the group home, she said, she was barred from seeing her daughter and could only get limited and monitored time on the phone. The isolation was exactly what Purvis had explained to the court would be most traumatizing for Katia.


“Why wouldn’t we partner with a parent who wanted to be involved?” Purvis said. “Why would we strip a child from her mother? I’d challenge anybody — if you took Katia away from Kathie Seidel and gave her to any other family, agency, or authority to raise and they spent about 30 days, they’d see that moms like Kathie who fight for their kids are extraordinary.”


When considering cases involving guardianship, investigators in Ferchill’s court sometimes call on Paul Kaufman, a principal at a Fort Worth Independent School District school that offers transition programs for special ed students. Kaufman told a court investigator that Katia was from a loving family and that Seidel supported her daughter’s participation in a program designed to increase independence, find jobs, and use public transportation. His comments don’t appear in public documents regarding Katia’s guardianship case. Kaufman met Seidel a few years ago at a social services meeting and saw the contentious, persistent personality that rubs so many officials the wrong way. After the meeting, he initiated a conversation.


“The perception that everybody had was based on the fact that if Kathie felt like she had to fight to get what was right, she wasn’t going to roll over and do what everyone wanted her to do,” he said. “Not everyone welcomes that attitude. I do.” Kaufman told her he was interested in helping her daughter, and he saw another personality emerge.


“She became very reasonable,” he said. “I never saw her doing anything I felt was unreasonable. I haven’t had any issues dealing with her, and I explained all that to the person at the probate court when I was talking to the investigator there.”


Kaufman, however, is perplexed. He has dealt with Ferchill’s court investigators and Gieb many times before and describes them as devoted to the wards they are assigned to protect.
“They do an outstanding job, in my opinion, for looking out for children,” he said. “I’ve got nothing negative to say about that court at all. They are on my side on the front line in taking care of folks, and something happened here that I don’t get … . The deal with Kathie is the first time I’ve not understood what happened.”


So how do two entities he admires — a court system and a devoted mother — become enemies in a controversial battle to get care for a young woman? He figures there was a communication breakdown.


“Clearly Kathie is not evil and corrupt, and clearly the court is not evil and corrupt,” he said. “When she is fighting she does not appear to be reasonable, and it takes a lot to cut through that and see there is a reasonable person in there. It’s possible she was perceived by the court as being unreasonable and irrational, I don’t know.”


To Seidel, what happened in Katia’s case seems simple: She pressured local agencies for services, became a squeaky wheel in a strapped system with little tolerance for such, got crossways with officials, and was smacked down and cut off from her daughter. She too worries about Katia’s privacy and at first didn’t want to go public with the story but did so as a last resort to try to regain guardianship of her child or at least get her returned to Fort Worth. Some parents who have mentally disabled children are happy to have their burden lightened by having their children institutionalized. Others keep their children at home and do the best they can. Parents who want their children at home but also want services face one obstacle after another, particularly in states such as Texas that traditionally rank near the bottom in funding for social service programs.


“Most parents don’t have the background I have and don’t know the child’s rights like I do,” Seidel said. “They don’t have $25,000 to go to court and fight it, or they’re too scared. Nobody ever fights it.”


Tarrant County probate judges determine whether disabled persons should be assigned guardians. Ferchill, who removed Seidel as her daughter’s guardian without notice, did not respond to several requests for an interview. Court investigator Paula Conley, who recommended the guardian change, spoke to Fort Worth Weekly about guardianship cases in general but would not specifically comment on Katia’s case, citing confidentiality.
“There is a priority for serving as guardian, and if the family members are appropriate and they are taking care of them and there is no allegation of abuse or neglect, we always look to the family first,” she said. Ferchill’s office employs masters-level social workers to help oversee cases and requires guardians to file annual reports.


Donna Baugh is development director at Texas Guardianship Association, formed to promote communication and cooperation among individuals, organizations, agencies, and courts concerned with guardianship. She views Ferchill’s court as top-notch.


“Judge Ferchill is a big supporter of our organization and is probably one of the most active at monitoring his guardianship cases,” she said. “He wants to make sure the wards he is in charge of are being cared for properly. They have a group that goes out and investigates yearly and tries to figure out if everything is the way it is supposed to be.” One of those annual visits was done in April 2006 at Seidel’s home and found no problems; six months later, she was considered an unfit guardian.


Baugh empathizes with parents who want to keep developmentally challenged kids at home.
“It’s very difficult to get home-care services,” she said. “People are on the waiting list for years. Texas is near the bottom of the 50 states when it comes to social services.”
In lieu of home care assistance, many such kids are sent to institutions or group homes. Horror stories abound about many of these places, and Baugh said parents shouldn’t hesitate to complain if they witness abuse or neglect of patients.


Seidel said complaining about Cimarron and the group homes where Katia has been staying has only resulted in her being labeled a malcontent and made it more difficult for her to get any contact with her child. Many of Ferchill’s cases involve wards with relatives under stress, and the court intervenes only when necessary, Conley said.


“If there are problems — and with 1,300 cases there are going to be problems — if the guardian contacts us we’ll try to facilitate some sort of resolution,” she said.
So, what happens when a resolution can’t be found and the court makes a decision that a relative doesn’t agree with?


“They always have the option of hiring an attorney,” she said.
Seidel, so far, has paid more than $20,000 in attorney fees fighting the probate court’s decisions.
She said most of the money was spent setting up meetings with Guardianship Services and Gieb and negotiating visits with her daughter, but she’s been unsuccessful in changing the decision. Ferchill hasn’t shown interest in meeting with her, she said, and Gieb told her that the judge “listens to his own people.”


Asked whether the court sends wards to institutions such as Cimarron that have been accused of neglect and garnered low scores during state inspections, Conley said, “I’m not going to go into specifics. I know what this is about. I don’t want to talk about a specific facility. We look at all the facilities that we use. We are concerned about every facility, and we try to be aware of the staff and the problems, and any problems that come to light we will investigate and look at.
“If we think the facility is not meeting their needs, we‘ll move that ward,” she said.


How quickly that occurs varies. Katia was eventually moved, but Cimarron and other poor-performing facilities remain open. Other wards get sent there. Conley couldn’t name any facility that had ever been removed from Tarrant County’s list of care providers as a result of poor care.Gieb said Cimarron and other institutions aren’t perfect, but neither is life. The court determined Katia would be better off at Cimarron than under Seidel’s care.


“It was the thing that had to be at the time,” he said. In June 2007, Seidel filed an application with the court to have Katia removed from Cimarron after reporting neglect and abuse of her daughter by staff and other residents. In response, Gieb wrote that the idea of removing Katia from Cimarron was “without merit and should be rejected.” The application was denied.


Last week, the Weekly asked him why he would defend an institution that typically receives low scores for poor service to residents and laud that institution as a better environment for Katia than being with her own family, who wanted her home. “I’m not unaware of the fact that Cimarron has problems,” he said, but added that Katia “wasn’t there that long.”


Katia spent almost a year in the institution before being moved to a group home.
“Bob Gieb doesn’t view my daughter as a person,” Seidel said. “Would he think a year is not very long if it were his daughter in there?”


During a conversation between Gieb and the Weekly, he warned against printing a story favorable to Seidel. “You’re about to drive off a cliff on this,” he said. “I’m not saying government is perfect. Everything I can see that was done was the prudent thing to do — not perfect, but the prudent thing.”


He described Katia as happy and content in her new group home. “She had a difficult case and had a difficult life, and Ms. Seidel doesn’t know how to deal with her daughter,” he said. But he wouldn’t go into details about why Seidel is considered an unfit guardian.


After a short conversation, he said he had to attend an appointment but agreed to meet with the Weekly for another interview. However, a few days later he sent a letter saying, “I do not see how any further conversation will be productive for you or me, or, more importantly, the ward. I suspect that you have determined your point of view for your article, and that you are now simply filling in the support for that viewpoint.” He continued, “While you find the ward’s mother, Ms. Seidel, to be credible, I do not. Obviously, neither did the court.”


Gieb wrote that he does believe Seidel loves Katia. “However, the ward’s problems are severe and complex, and [it] proved to be beyond Ms. Seidel’s ability to deal with those problems.”
Critics of the mental health system in Texas say confidentiality issues provide the perfect hiding spot for officials seeking to avoid responsibility for their actions. Group home providers, for-profit institution owners, and various agency officials can dodge questions when a ward’s care is criticized. Allegations of abuse or neglect from people with mental impairments are often ignored. And even when problems are proved, tort reform laws have capped the amount of money an institution or provider must pay, which means many lawyers won’t or can’t afford to take the cases.


After exhausting her resources on lawyers, Seidel recently persuaded Dallas attorney Kimberly Stovall to help her on a pro bono basis. A veteran of numerous cases involving MHMR, their wards, and care providers, Stovall helped secure an $11 million court decision against a group home in the Houston area after a resident died of neglect in 1998.


Abominable conditions at state institutions for the mentally impaired came to light in the 1970s and ’80s and led to a move toward smaller group homes, many of them nonprofit and community-based. But over the years, large for-profit corporations have swallowed up many of these smaller providers. News reports have documented continuing problems at many such facilities, where employee pay is often abysmal. Nowadays, Stovall said, few attorneys are interested in pursuing lawsuits. With tort reform, that $11 million settlement would now be about $250,000, hardly enough to cover legal fees in a lengthy court case, she said. But just because the case filings have diminished doesn’t mean the abuse has stopped at group homes and institutions.


“There is more abuse now than ever before,” she said. Cimarron is a 116-bed facility in Lewisville that operates largely on state and federal funds. Records from the Texas Department of Aging and Disability Services records show that, twice in the past three years, Cimarron has been in danger of losing its certification because of deficient practices. Its overall rating of 40 out of 100 is well below the state average of 90. Allegations against the facility include poor medical care, theft from residents, resident-on-resident violence, insufficient staff to monitor the residents, failure to report allegations of client mistreatment, and at least one sexual relationship between a transvestite staff member and a male resident.


The Weekly’s calls to Cimarron seeking comment were not returned.
Guardianship Services Inc., the organization that supplanted Seidel as Katia’s legal guardian, refused to discuss particulars in the case.
“We are very protective of our clients’ confidentiality, so I am not going to be able to say a lot about Katia herself,” said Colleen Colton, the company’s executive director.
I asked to speak to Katia in person.
“We would prefer that you didn’t.”


I asked why not, since Katia is an adult and, while having some mental, emotional, and physical difficulties, is relatively high-functioning (she has an IQ of about 80).


“I’m not going to get into an argument about whether you can talk to her or not,” Colton said. “I would prefer that you didn’t, and I know the court is concerned about that too. She has a right to privacy and a right not to have everything spread out over the newspaper.”
Doesn’t she also have the right to say whether she wants to talk to a reporter?
“No, because she is under guardianship,” Colton said.


When asked about the court’s decision to send Katia to Cimarron and the problems documented there, she said, “I don’t think I want to comment on the quality of a provider. I could get in trouble there. Every provider has its ups and downs.”

Michelle Dooley’s son, Morgan, has cognitive disabilities, and the Fort Worth woman has had her own battles with local agencies in trying to get services. She met Seidel years ago, and the two have compared notes. Morgan received therapy and other services paid through MHMR, but once he got older, stronger, and more likely to rage — and the available funding diminished — that began to change. The agency proposed that the boy be institutionalized, something Dooley resisted.


“I would rather have him at home than in an institution any day of the week,” she said. “State schools and state hospitals are not run very well. There is a lot of abuse that goes on. I’ve seen it first-hand.”


In 2002, when Morgan turned 16, the court ordered that he be placed in an institution in Wichita Falls after Dooley called police during one of his rages. Police showed up with guns drawn, and she begged them to be gentle in dealing with him. After he was institutionalized, she began noticing bruises and, at one point, he sported a black eye. She said staff was treating him roughly. He was later moved to a group home in Denton and is doing well, she said.
Dooley, Seidel, and other parents interviewed for this article shared similar problems in raising handicapped children and in getting services while at the same time trying to keep their children at home. They said the Tarrant County probate court system doesn’t always have the clients’ interests at heart and can be retaliatory. 


“There are a lot of parents like me who want our kids in the community and want them to be contributors to society,” she said.


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