Guest Author: Angela V. Woodhull,Ph.D.
© 2010-2011, Angela V. Woodhull, Ph.D. All rights reserved.*
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“A large part of the victim’s money is spent on attorney’s fees and guardian’s fees. As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts,”
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STEP ONE—“EMINENT DANGER”—THE INITIAL COURT PETITION
The professional guardian, with the assistance of her attorneys, commences the embezzlement process by filing an emergency petition in the probate courts to become the “emergency” “temporary” guardian
Florida guardianship statutes, like many states, (Chapter 744) require that there be an “eminent danger” in order for the petitioner to become the “emergency temporary guardian.”
The guardian oftentimes fabricates the “eminent danger” by , stating that there is a neighbor or relative or stranger who is taking advantage of the elderly person. In some cases, this may be a somewhat true statement, albeit an exaggerated claim. In most cases, upon further investigation, there has been no “eminent danger” whatsoever.
Step One takes away all of the victim’s civil rights and therefore gives the guardian and her attorneys full control over the victim and his or her assets.
STEP TWO—THE EXAMINING COMMITTEE
Once the professional guardian has taken control of the victim on a temporary basis (the emergency temporary guardianship order expires in 60 days) an examining committee of three medical “professionals” steps in to verify the allegation of mental incapacity. Oftentimes, the victim is administered a cocktail of psychotropic drugs to enhance the claims that he or she is incompetent.
“Ward” Elizabeth Faye Arnold, for instance, stated, “They put me on drugs that made me feel very drunk. I couldn’t even remember my name. Now that they have all my money, they don’t medicate me that way anymore.” One of the three medical professionals must be a psychiatrist and the victim is generally always found to be mentally incapacitated. The guardian usually has her own set of medical professionals that she utilizes on a regular basis. For instance, professional guardian Rebecca Fierle is married to a medical doctor and therefore has an entire fleet of medical professional associates available to her. Rebecca Fierle also utilizes the services of Attorney Thomas Sawyer, Orlando, who also happens to be a medical doctor.
Back in the courtroom, soon after the three medical professionals file their reports, there is a capacity hearing. The victim seldom is permitted to attend this hearing. The judge quickly scans the medical examinations that “verify” that the victim is “mentally and/or physically incapacitated.” The judge then signs an order that gives the professional guardian full and permanent legal authority over the victim’s person and property.
STEP THREE—THE “FEAST” BEGINS
Property is sold for below market value and the deeds switch and switch several times. (kick backs are suspected) Bank accounts, annuities, stocks, and CDs are liquidated into one big guardianship account.
Out of this large bank account, the guardian is expected to pay all the victim’s, but bills oftentimes go unpaid.
HOW THE VICTIM’S MONEY IS SPENT
1. ATTORNEY’S FEES AND GUARDIANSHIP FEES FOR “SERVICES RENDERED TO ‘BENEFIT’ THE ‘WARD’”
A large part of the victim’s money is spent on attorney’s fees and guardian’s fees. As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts, such as:
–A motion to sell the ward’s furniture
–A motion to liquidate stocks and CDs
–A motion to transfer the ward to a different nursing home
–A motion to sell the ward’s homesteaded house
–A motion to open up a safety deposit box
Each motion can cost the “ward” in excess of $2,000.00 because the motion must be written, researched, filed, and then a hearing is scheduled. Oftentimes, the motions cost more than what is being petitioned for.
2. PUFFING THE MONTHLY BUDGET—The guardian frequently doubles the monthly expenses then keeps the remainder.
- 3. SELLING THE “WARD’S” PERSONAL BELONGINGS FOR BELOW MARKET VALUE THEN POCKETING THE DIFFERENCE—The guardian underestimates the amount of the sale of personal items, such as jewelry, paintings, and antiques, for the purpose of the court record inventories, then is free to keep the difference. There is little court oversight. For example, professional guardian Rebecca Fierle went from bankrupt in 1997 to multimillionaire by 2007.
- 4. BILLS ARE SIMPLY NOT PAID
Oftentimes, the bills of the “ward” are not even paid. When the “ward” dies, the guardian simply places an ad in an obscure newspaper, if there is money left for an estate to be probated. Assuming creditors do not see the ad and file a claim against the estate within 30 days, their claims are forever barred and so the guardian was able to fool creditors and abscond with the money and not have to pay any of the bills. If she is caught, she simply pays the bills of the creditors who caught her. This frequently includes Medicaid.
- 5. ACCOUNTING IS NOT ACCURATE
The guardian can claim a much lower amount of liquid assets than what the victim is actually worth and then pocket the rest.
EXAMPLE: Julie Sweeten–$400,000.00 estate with an alleged $80,000.00 remaining when Sweeten died. More than $300,000.00 was spent in three years.
Louise A. Falvo started off with approximately $800,000.00. Two months into the guardianship, Fierle filed an accounting with the court stating that Falvo was worth only $672,000.00. Shortly thereafter, a bank statement from Bank of America stated that Falvo now had $449,000 after all accounts had been liquidated. So, approximately $200,000 turned up missing.
- 6. FAKE WILLS: In this scenario, the guardian claimed that Julie Sweeten desired to leave her estate to her bank. A forged will was entered into the record. Wachovia Bank trustee was then given $80,000.00 from the uncontested, probated estate.
STEP FOUR: THE MYSTERIOUS DEATHS
Once the funds have been spent, the “ward” oftentimes suddenly dies.
-OR
The “ward” dies when there is still plenty of money — if a huge probate battle can commence, thereby further enriching the attorneys and guardian.
Examples: Carlisle Bosworth died soon after his $250,000 had been spent.
James Deaton–$5 million, three years in probate–$3 million in attorney’s fees with a pittance finally paid out to his family members.
LOUISE A. FALVO—suspected morphine sulphate overdose as cause of death; huge probate battle to enrich attorneys ensued even though
LOUISE A. FALVO’s bank accounts were all POD/ITF to her daughter, so probate should have been completely unnecessary.
NASGA, National Association to Stop Guardianship Abuse, has adopted a three part theme to succinctly describe the legally sanctioned exploitative guardianship process: “Isolate, Medicate, Take the Estate.”
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http://www.gao.gov/new.items/d101046.pdf
http://www.cnn.com/2010/HEALTH/10/27/elderly.abuse/index.html?iref=allsearch
*All court records are available for verification of the facts.
Its all designed to catch people in old age when in many cases after a life time of work this will be wealthiest we will ever be, have paid our mortgages and saved for pensions in the belief this will give us security in old age.
In many cases the professional predatory guardians are professional probate practitioning maggots. This area of law has become the very lucrative pizzo for the legal profession who have the expertise to know they can cut them selves into our estates before our Last Wills are recognised by the Legal establishment. [s24, 1837 Wills Act. (UK)]
This full case is a scam!!! Who wants this property???? And what do they need it for???
Fersedy is very Competent.How can someone more competent than 90% of the public have this happened to them??? Because if you are deemed incompetent you can’t sell the building on your own. Someone wants control of this building and does not want him selling it . They want control over the sale and the price!!!
Wow in NYC you can loose everything to a 3 min interview on the side walk by a psychiatrist who uses a vague diagnoses of having a PIPE DREAM!!! What does this mean??
This building is Fersedy’s There is no Mortgage because its all paid up. All the Taxes are paid on time!!! So at the very min he can pick up money for the sale of the property . This is no Pipe Dream. And he had his windows broken by rocks on many multiple occasions on both sides of his house and bebe guns shots through windows also!!! This is a PIPE DREAM.The Police told him to buy bullet proof glass!!! Who put all the graffiti on the front of his building?? and the bias graffiti on the front door! Wow looks a lot more involved than the writer or neighbor Mancuso wants to paint. Maybe this is why the Psychiatrist never asked Fersedy of the pertinent questions in the street only 3 min interview pertaining to his cognizance.Why because Fersedy is Extremely Competent period. Where are the Police. Why did he have to continually replace windows at his property?? Where was Council person Peter Vallone?? Why was all these attacks on his building not investigated by Vallone or the Police? Wow This article Stinks to High Heaven I challenge every one to meet Mr. Fersedy and see for yourself. This is why now they are going to try to force him into a facility to get him drugged out of his conscientiousness to protect the building to the ones who want it and the fraudulent report of the Psychiatrist. America the Home of the Free and the Brave..
Mr. Fersedy’s building is assessed at $700,000 so why is he now homeless and a guardianship agency now in charge of this house!!! Its all about the house . Maybe they want to build a highrise in the three properties and he is the middle property??? Don’t believe everything you read in the press Go meet Mr. Fersedy. This case is a very big scam and we will fight to keep Fersedy out of any institution for the purpose to drug and Mame him into a psychotic state!!! I challenge every one to get talk with him . This could happen to you, if you have anything in New York State. Article 81 can take all your rights away and a guardian can have all control over your body and your assets. Sham on you NY Post for writing such a one sided article. Why did you not tell the truth!!!!
I too, am a victim of guardianship corruption. Only I’m not diasbled. There’s a short video of me on you tube. Type, justice for tuya, in the search box if anyone wants to see and hear me. I took a slum lord to housing court. His lawyers team adjourned my case, to take me to supreme court to have a permanant guardianship agency appointed, for believe it or not, rent arrears, and nusance odors. It didn’t matter that I had 10 years of rent reciepts, and a positive notice from the board of health. The abusive guardian was appointed in a 10 min. bench trial, I was denied a jury trial. Or the right to cross examine anyone. The guardian, had me falsey imprisioned in the suicide ward, with still more corrupt judges and psychiatrists. While trying to get myself released, the guardian cleared out the apt. Destroying/stealing everything. Paid unproven rent arrears. And the landlord rented the apt to another tenant,
I am with all of you guys and gals, i want to be an advocate for anyone who becomes a victim of what I called ” forced guardianship ” because that is what it is” forced” all they seem to care about is our money , and i believe that we all can agree on that , but yes that is what i’d like perhaps my new profession to be, and i see here that some of you have included your addy, and that person who said that we all need to stand up and help one another in anyway possible even if it just means for emotional support because I too am under forced guardianship and i hate it very much, because i know how competent and very intelligent i am, but they think that i still need a guardian, and this just goes to show that all of this that is sadly happening to us and to those whom we love that this is all about ” the money” so we need to stand firm to our many protests and say ” no more”, we all are coming together because we are fed up with being bullied by those who think that they have the right the legal right to destory us and take our good earn cash ” No More !!!!!” colleenjensen2011@hotmail.com
[...] HOW A FRAUDULENT GUARDIANSHIP COMMENCES AND CONTINUES (via The PPJ Gazette) Guest Author: Angela V. Woodhull,Ph.D. © 2010-2011, Angela V. Woodhull, Ph.D. All rights reserved.* ________________________________________________________ "A large part of the victim’s money is spent on attorney’s fees and guardian’s fees. As long as there is ample money in the victim’s guardianship account, the guardian and her attorney cohorts will file motion upon motion after motion to the courts," _______________________________________ … Read More [...]
I moved to Georgia to be with my brother and family, my mother came along because I was here.
Unlawful and abusive guardianships/conservatorships can threaten the health and does threaten the wealth of all Americans.
Become an advocate for reform! JOIN NASGA at http://www.StopGuardianAbuse.org.
Yours,
Elaine Renoire
NASGA
http://www.StopGuardianAbuse.org
http://www.AnOpenLetterToCongress.info
http://www.AnOpenLetterToCongress-2.info
http://NASGA-StopGuardianAbuse.blogspot.com
Totally in shock at these stories Im reading, Ive been married to a man for 16 years and his adult daughter has come in an took over our entire life, our bank account is overdrawn, light bill two months behind due to be turned off any day. She filed for Emergency Temp Guardian and also filed a incapacitated, my husband or I was never notified that this was going on until about 5 days after and found out by getting a overdraft notice with the daughter/emergency temp guardian on it have not even seen the daughter since way before all of this happened?? And to top this off I’m holding a DPA that can not be used because of the guardian case being filed. There should be laws that make someone have to notify spouse or other children before things like this happen. Would like to hear from anyone that has gone through this. Thanks
If any of our readers see a possible adversarial guardianship coming up, you may save yourself much grief and suffering by moving the person, so at risk, to a much friendlier state.
Read the various state codes on guardianship and go from there.
Many of the elderly victims do have means and SS to lend to their support. That is easily transportable.
After reading the many of the many horrible gurdianship stories as posted on NASGA, it is clear by now that many states and their respective courts can not be trusted.
This happened to my 90 year old Aunt. $200,000 ended up missing from the estate. Her 300k home sold for well under 200k. And the process was so slick and well oiled, that a local law firm and the nursing home had to be in on the scam. The conservator charges $80 bucks an hour, and is often out of state on vacations funded by victims.
This website is a real eye opener for me.
Thanks
Al
My mother who is a domiciliary of Pennsylvania went to visit her son in Volusia County Florida with my sister. Some may use the term “kidnapped” because although medical records state mother was incapaciated by dementia one year prior to this Florida visit, mother has been held in a Florida nursing home by a “professional guardian,” against mothers wishes and that of her families.
Mother has no one protecting her against her abuser. She is alone, scared & drugged, while asking how she can be forced to stay there. She was born and raised in Erie Pa and was a domiciliary of PA her entire life.
Her estate is currently being depleted by a professional guardian and her attorneys while mother is slowly murdered with dangerous, non-approved and unnecessary anti-psychotic drugs.
If anyone can help us get our mother home to live her “golden years” surrounded by her loving family please contact me at hlpeffer@yahoo.com
Thank you for reading my post and PLEASE spread the word of the danger for seniors who visit the state of Florida.
We say, “Their ain’t no Sunshine in the Sunshine State”
[...] guardian and her attorney cohorts will file motion upon motion after motion to the courts.’ Read more… Post Published: 25 January 2011 Author: John Found in section: New world [...]
I am 63 years old, USA Senior Citizen, Alone, supposed to Inherit Good Assets from My Parents, Now HOMELESS!
Despite being in Good Sound Mental Health, a Very Dishonest, Corrupt Judge – Charles J. Thomas of Supreme Court Queens, New York City, did issue a False Court Order against me, 100% all lies, Declaring me Mentally Ill and Hence Incompetent, Enforcing Guardianship against me, although I NEVER Had any Mental Illness all my Life, in spite of the fact that there are Documents and Witnesses Proving, Confirming My Good Sound Mental Health:
Psychiatrist ( other than Court :Appointed” one), Psychologist, Psychiatric Nurses, Clergy, Church Leaders, Neighbours, Friends, Medical Doctor, No Criminal Record! etc.
Judge Charles J Thomas did Never, Ever Talk to me, did Not even See me. The so called Trial and “legall” proceedings have been conducted with No Due Process of Law, Without Witnesses, in My Absence and “Defending” Lawyer – Steven Whimheimer, Missleading me, Providing No Defense, etc.
After trial, so Called My Lawyer – Steven Whimpheimer, told me, Qoute “YOU MUST LIVE with it”, unquote, yet, Demanding 8,980.26 dollars from My SSI Money of 761 dollars a Month For “Defending” Me, actually Failing, Despite the Fact that such SSI Money were Already Taken Away (Federal Felony!) by The Temporary “Guardian “The Jewish Association for Services to Adults (JASA!)
The Permanent Guardian – Self Help Community Guardians – another Jewish Organization, already did Marshall The House of My Parents, Despite The Fact I am not The Owner of it, Cut Off all My Rights, Gradually stealing it, under The Guise, Name of Charges to “Protect” me, Despite they, in two years, Never, Ever Provided not one Single Help, Service, Except Exhibiting The Worst Hideous Criminality, as They Do Continue to keep me HOMELESS – out of my Parents House in The View of Selling it, out of Any Rights!.
Please HELP my Have a Defending Lawyer to Reverse said Criminal Guardianship and all its implications, as I dod not have No Money, No RIGHTS Anymore!
Waiting for your Help,
Mircea Fersedy 347 499 9317
fersedy@aol.com
We need to be aware that a professional guardian may also be on an “examing committee.” Perhaps they have taken a 40 hr. class at the local community college or an on-line class… that’s all it takes.
Recently I found two “professional guardians,” Edith Myett of Ormond Beach and Jetta Getty of Port Orange in Volusia County Florida, are both able to serve on examing committees. This information is in the public, on-line, court records at http://www.clerk.org
I also found an interesting case.
Case No. 2007-32213-CICI states the following:
THIS COURT FINDS:
16. “………. This Court does not believe that any scenerio advanced by MYETT or JETTA GETTY as to the …………is believable. The alleged Addition to Proposal is hereby deemed a forgery and this Court finds that Myett knew it to be a forgery………”
It goes on to say,
ORDERED AND ADJUDGED that:
“………………, shall recover from Edith M. Myett fees and damages in the amount of ………………..for a total of $111,917.59………..”
(Google her name and you’ll see a Mug Shot.)
This certainly appears to be white collar crime. The reason I found this particular case so interesting is because my mother who is/was a resident and domiciliary of Pennsylvania, while vacationing in Volusia County Florida with my sister, fell prey to a guardianship.
I have spent the last three years trying to get my mother home while Jetta Getty holds her in Florida using what appears to be “chemical constraints.” Oh, did I mention Getty has paid Edith Myett thousands of dollars of my mothers estate for various things? Well she has!
Now just think of the possibilities if two or more professional guardians worked together. They could declare an “emergency guardianship” then get their friends on the examining committee to attest the person is incompetent. It’s a done deal! You have a elder person under the complete control of a corrupt guardian. This guardian has the power to lock the elderly person up, drug them, issolate them from there family, steal their estate and slowly kill them, all this with protection from a state court.
My mother continues to say, “How can they keep me here?” “What did I do?” “I didn’t break any laws.” “I didn’t hurt anyone.” Her physical health has been excellent, there is no reason she can’t go home except Jetta Getty says so.
Maybe when they are done exploiting her, she can!
Ain’t no Sunshine in the Sunshine State!
Oh Boy Mr. mdsanchez That is a toughy. No one seems to care and I have and still going down that road. Except my issues are with APS. My husband is a victim of this sort. I have been fighting for years to get my husband home and away from the isolation he is forced to live. They even tried to end his life. I wish I had some answers for you to protect the husband.
They are vultures whether they are family, freinds or strangers. What we all should do is protest like they did in Washington DC. There are many guardianship organizations out there they are trying to help. I suggest that he try one of these.
No attorney wants to take the case because the money is gone. Your in my prayers and I will let some people know who may be able to help.
http://stopguardianabuse.org/
http://www.stopelderabuse.net/index_files/NOTEGAMission.htm
http://danielalert.org/
Texas is over run with these vultures, this makes the 20th year as an Enemy of the State. Multiple violations of law, and a mass murder case, yet still I am Alive. The Law says no statue of limitations on Murder. Fraud artists, Sodomite shysters and crooked “Judges”…will not have to worry about cold weather for a very long time.
Everything you said in your article is true
Thank you immensely for posting it to Rense.com.
Please send to all the websites you can. It is important to do so.
The American public must become aware that every human right is violated and raped by the guardianship process gone very very bad. These cases clearly reveal the court-appointed guardians are like the nannies that are actually demonic entities in the movies. You have seen those movies, haven’t you?! They lie, manipulate, go against the very people who are close to the mother because they are in the way.
They corrupt all family relationships and feed off of the tremendous emotional pain they cause, acting in the name of the mother, doing things she never would have done, going against all her legal directives. It is a form of identity theft. I am very frightened and can not write more.
Scams everywhere! My friend was trapped in a 72-hour “suicide watch” thanks to a neurotic mom and was promptly dosed with a drug that causes seizures when rapidly withdrawn; then they rapidly withdrew him from the drug so as to induce seizures; then they declared that he was having seizures and would need to stay on; then they kept him under “observation” in a heavily medicated state until the last day covered by his family’s insurance policy. Then (surprise!) they declared him all better & let him go. This defines the word “care” for the 21st Century. Let’s start looking out for each other and by all means find a way to intercede against these actions. Isn’t it possible to go to a court with evidence of a criminal pattern? Oh wait, what am I saying… go to a court… I’m talking like a sucker again…
truly, I weep.
The TRIBE is at it’s work again.
Crooks and fraudsters, like this need to be publicly hung. I have seen first hand how these parasites work. Does anyone remember Vice Presidential candidate Geraldine Ferraro, that is exactly what her husband does for a living. He was found guilty and received a slap on the wrist and to the best of my knowledge practicing law again.
We need to re-instate public hangings for this type of crime and increase survalliance on these criminals and leave the innocent and unsuspecting public alone, (no more strip searches of children in the airports).
Once the Yid’s discover an easy way of leaglly stealing your money, they will continue until we the people impose a severe sanction upon the perpetrtators.
Regards,
Mike DeBurcher
What callous times we live in. Callous callous times.
Sick. Money sure is a blinder of conscience.
Anadianant
http://aadivaahan.wordpress.com/2011/01/18/the-callousness-of-pornography/
To mdsanchez: “Tony Soprano justice” sounds like the only thing that could give the poor husband any type of recourse and/or gratification out of this travesty! What a bunch of vulture whores! This sort of thing makes me sick!
Ok, lets say Wife (71), who is in good health, unexpectedly suffers cardiac arrest. Although she survives the episode, doctors find that she has lost all of her motor skills, however, she is aware of what is going on around her and what is being said. And, although now she cannot speak, she is able to communicate using the “blinking” method, but is unable to care for herself and requires 24-hour care. She has health insurance that will cover the necessary medical care, be it in a medical/assisted living facility or at home where she would be more comfortable, now becomes the center of a guardianship/conservatorship battle. Now enters Husband (80), who, with the assistance of a wheelchair but is not confined thereto, is able to make sound decisions and conduct business as usual, and does drive, becomes victimized by Wife’s estranged son, bi-polar grandson, vindictive older [adopted] sister and the greedy healthcare facility/appt’d conservator. All of whom conspire (with their attorneys) to strip him of every right afforded him by law or by constitutional or civil right, by making him look so dilusionally eccentric and uncooperative before the probate court, so that the court does not allow him to participate in any of the proceedings, despite Husband’s several attempts. Approx one and a half years later, Wife dies after the “parties” decide to pull the plug when she comes down with pnemonia; husband is not consulted. On the 6th day after her passing, step-son files an emergency petition in state court requesting he be appointed PR and SA, begins moving, getting rid of, and dictating ownership of property before the court orders approval to do so, and before anyone can take a breath, petitions the court to allow the sale of the marital residence and all personal property, although he has already placed some of Husband’s personal effects with a consignment store…Husband, even with the help of friends, is still unable to locate an attorney willing to represent him due to rumored [judicial] threats that anyone who does will never practice in probate court again, thus, making matters worse because he now has to try and locate an attorney outside of his county to represent him. What would this legal community suggest he do to protect 26 years of assests, etc.?