Marti Oakley
2019 PPJ Gazette copyright ©
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“In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.”
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As if the guardianship scams that target the elderly, children, the disabled and those chronically ill, most especially when there is a sizable estate involved by legal predators and equally predatory professional guardians was not enough, the medical industry is now entering into the game. Hospitals, whose only function is to care for the sick, are now openly engaging in the capture and hostage taking of individuals whom they claim are incapacitated. Never mind that their actions most likely caused any actual incapacity. Or most often, what is nothing more than a fraudulent statement claimed by those involved that an incapacity exists, when in fact, no evidence can be provided or will be provided to substantiate the claim.
In any of the instances sighted above, simply asking for a second opinion, or disagreeing with the doctors on types of treatments, medications or other intended services, can trigger a hospital initiated guardianship. In the case of children, disagreeing with doctors about diagnosis, treatment or other measures can result in the medical kidnapping of the child by the hospital.
In virtually all of these medical kidnappings for profit, no due process is observed and no notice of hearing is served. The individual is now a virtual prisoner taken hostage by the hospital, the doctors and the attorney’s. The guardianship is granted before anyone can object and the newly reclassified medical prisoner only finds out about their new classification, after the fact. They can no longer speak for themselves, refuse damaging medications, vaccines, surgeries or other needless or harmful interventions all predicated upon the bottom line profits of the hospital. The medical kidnappings are not about protecting the life of the medical prisoner, but rather leveraging the situation so that the hospital continues to profit. Once the deadlines loom on Medicare and Medicaid, or other insurance, the hospital will move quickly to ensure that their bottom line stays in the black, even if it is detrimental to the life of the patient.
In almost every instance, the attorney for the hospital claims there was no one in the family willing or able to take, or care for the newly declared, incapacitated elderly or sick individual. But that same patient can be readmitted numerous times and bounced between nursing homes and the hospital in order to extract as much profit as possible from the medicare/medicaid programs.
When these medical kidnappings involve a child, that child is held captive in the hospital. Family is not allowed contact or visitation.
In those situations where family members are obviously present and more than willing to care for the individual, the system is set up to move so swiftly to capture the patient that little can be done to fend off the vultures. In these situations, the captured patient is involuntarily discharged to skilled nursing facilities many times in other states or to facilities hundreds of miles from the hospital and family; [a practice highly recommended by many hospital employed attorney’s/guardians]This is done to make visitation as difficult as possible. In many instances, using the same method of operation that guardians routinely use outside of the hospital setting, the family and friends will not be allowed to know the location of the patient.
In almost all these situations, the involuntary discharging is a result of Medicare payment schedules coming to an end. At this point, instead of being a medical ATM for the hospital and doctors, the patient becomes a liability the hospital has no intentions of accepting. So the patient who is now seen as nothing more than a line entry in the profit and loss statement, is involuntarily discharged to a nursing home until adequate time has passed to allow Medicare to be used again. At this point, the nursing home finds some medical issue that requires hospitalization and off the patient goes again back to the hospital. This can be done numerous times until benefits are exhausted or until the patients body succumbs to either, age, sickness or exhaustion, if not all three. Profits before people..always.
Removing the patient to far away facilities has no other purpose than to present an hoped for obstacle to the family and friends that might limit their ability to visit them. What becomes readily apparent in all of these hospital initiated guardianships is that the hospital now can withhold medical records which most likely would expose them to malpractice claims based on the use of chemical restraints, unnecessary medications and services, services never rendered, or abuse and neglect by hospital staff.
In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.
[These are only suggestions and this is not intended as legal advice]
MOTION TO INTERVENE
https://www.law.cornell.edu/cfr/text/25/584.5
If a capable and devoted family member or friend is willing to serve as guardian and conservator for an adult incapacitated respondent, the proper procedural device for placing the family member (or friend) (now referred to as a”client” by the hospital attorney) properly before the probate tribunal as a party plaintiff with regard to a pre-existing hospital sponsored guardianship petitions, is A Motion to Intervene.
File a Competing Guardianship Petition
In addition to asking the tribunal hearing examiner to recognize you as a plaintiff in opposition to the involuntary hospital guardianship petition, you need to make proper substantive request of the tribunal. Specifically, the Motion to Intervene, along with the competing guardianship petition. Your petition should ask the tribunal hearing examiner to appoint you (family member or friend) as the respondents guardian and conservator as opposed to the involuntary capture of the individual by virtual strangers who have no real interest in the individual other than capturing the individual to leverage control and profits.
Notice of Appearance
http://www.ca2.uscourts.gov/clerk/case_filing/forms/notice_of_appearance_instructions.html
If insufficient time exists to file the above noted pleadings, you should promptly file a notice of appearance on your own behalf and that of the family member or friend. At that hearing you must request a brief continuance to allot sufficient time to place the individual before the tribunal.
While none of these motions will guarantee your right to due process, to a notice of hearing, or to intervene in any other way when going up against a hospital with an endless supply of funds to fight you, you do have the right to make your objections known.
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https://www.law.cornell.edu/cfr/text/25/584.5
http://www.ca2.uscourts.gov/clerk/case_filing/forms/notice_of_appearance_instructions.html
https://abductionofanastasia.com/
https://thetruthaboutcancer.com/medical-kidnapping/
The Role of Child Protective Services in Medical Kidnapping
As an example:
Three days later Child Protective Services (CPS) shows up at your door. They say they need to take custody of your child. As they are leaving with your son, you are in total disbelief, crying and yelling at them as your 10-year-old is screaming your name for help, asking what is happening. Your child has been taken away from you. The state’s CPS has literally kidnapped him to force your son to do conventional chemotherapy against your will.
Mar 12, 2019 @ 16:39:53
What a wonderful article. This happened to my dear friend at Florida Hospital in Orlando last year.
I had durable power of attorney and medical surrogacy in place. I was actually out of state working with the VA and other facilities for placement for my friend. But, all of a sudden, the hospital wanted him discharged, immediately. A professional guardian was thrown down my throat by the hospital/unit case manager. When I queried this, I was told that my friend could not be discharged unless a guardian was in place which made absolutely no sense. When I reported his to the VA and his social worker there, they also questioned such bizarre behavior by a hospital social worker/case manager.
The guardian’s office also had an attorney on staff or in affiliation and upon speaking with her, I was told the opposite that “You have everything in order for this patient’s discharge.”
I requested a conference call with the attending psychiatrist, case manager and nursing as there were conflicting issues coming from case management and nursing beyond the crazy order for a guardian to be in place for discharge.
In hindsight, my friend’s Schwab account was brought up way too many times in conversation. My friend and his potential assets were targeted.
During that conference call, the psychiatrist didn’t want to talk about home health, discharge planning, etc. He demanded to know “Who will pay for this admission?” which was totally out of context. The hospital needed to move this patient to a lesser tier of care, if you will. I understood this but a safe discharge still needed to be planned to insure the patient’s safety.
I was threatened by case management that this patient, who I had been told “Needed a locked SNF or ALF” only a couple of days earlier, was now going to be sent to a “hotel”.
I requested a short extension for discharge as I was bringing my friend to our home and arrangements needed to be put into place for his safety.
Two days after I requested an extension, unknown to me, the hospital filed a false report with Dept of Children and Families here in Florida. In the meantime, the clinical coordinator continued to work with me for discharge planning as did nursing for the next three weeks. A petition was filed (without my knowledge) that the patient’s DPOA was under an active DCF investigation and that his daughter’s whereabouts were unknown. The daughter’s whereabouts were on the advance directive which had been emailed and verified received by the hospital on three different occasions. Emails regarding the daughter were also sent directly to case management. The hospital blatantly lied to get the daughter and I out of the picture.
I was only contacted by DCF one month after the report was filed and three days prior to accepting the patient in discharge. I was then served with only a 2 working day advance notification of the hearing for an emergency temporary guardian. The daughter and I scrambled. On the afternoon prior to the hearing, we were able to make contact with the court appointed attorney. The patient wanted to be at the hearing. The court appointed attorney wanted him to be in attendance as well but the hospital refused.
This temporary guardian, Rebecca Fierle (under many investigations here in Florida) became the permanent guardian as I waited to clear my name with DCF. I was told by the Ninth District Court that I would not be allowed to attend the hearing.
Finally, the DCF case was closed with no findings against me. The hospital staff actually said that “This patient did not need any type of legal intervention” on the final interview with DCF investigations.
I was not able to get a copy of this closed case report for almost another month.
Legal at DCF in Tallahassee told me to contact law enforcement and present to the State Attorney’s office. Lying to DCF for financial gain is illegal.
My friend, now a very unfortunate Ward, has been dragged from one hospital to another in the Tampa area. Hospitals, case managers, nursing staff all keep contacting me because they are not getting the communication needed from this guardian. Collection companies and new bills that are hospital-related are not being paid. One hospital asked that I contact AHCA (Agency for Health Care Administration) to report that the guardian had asked the hospital to pay for an ALF because the Ward did not have the means to do so. This was a complete fabrication.
I have written to the hospital on two occasions with no response. I am going to try again to contact the CEO of what is now Advent Health in a last ditch attempt to bring this horrible fraud to light. An investigative reporter apparently looked into the actions of this guardian last year, out of Orlando.
I was completely blindsided by this hospital’s complete lack of compassion, especially a hospital claiming such.
This patient was a Viet Nam veteran, highly decorated. His wishes were to remain within the VA system. He has been kept away from his PCP and his beloved Clinic. We, as his friends, have been kept away and his daughter is not informed of hospitalizations or any transfers.
This practice is apparently wide-spread and my only advice is to keep your eyes open. You hate to say not to trust the professionals at the hospital but there are warning signs if you have the information to know what to look for.
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Feb 22, 2019 @ 10:06:01
They want rid of the older folks for sure. And the sick and of course those kids are worth a fortune in the cps racket. Is anyone really surprised at this activity by Dr/s and hospitals? You are not a patient with a name anymore,,,you are room and bed number with a && assigned to you. We have allowed those in the medical industry to be elevated to the status of minor diety’s….not responsible, not accountable and never to be questioned. This is our fault for allowing them to exalt themselves in this way. When human life is worth less than profits …
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Feb 21, 2019 @ 19:01:23
I hear that from many people….the like button doesn’t work for them. I have had the same issue on other sites. I have no idea what the problem is.
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Feb 21, 2019 @ 17:42:14
I wonder why I’m not allowed to “like” this. This is the 2nd site this is happening since I am on Windows 10.
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Feb 21, 2019 @ 12:27:27
We encountered this at Boston Children’s. My niece had to fight them to keep custody of her daughter. She asked for a second opinion and all hell broke loose and the threats started. These are sick people we are having to deal with. When Dr.s and hospitals are more concerned about their massive ego’s and how much power they wield than they are about the patients and money is more important than the patients overall health we have a problem.
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Feb 21, 2019 @ 12:08:37
This is insidious. I checked some of the resources listed and this is so sickening I can’t believe it. Thanks marti for putting this out there. Maybe people will pay attention and realize they cannot trust doctors and hospitals to do what whats best for them. They are only going to be interested in how much money they can make off you being a patient. disgusting
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Feb 21, 2019 @ 11:52:43
This is so disgusting. These stories of medical kidnap are coming out more and more. We are not safe anywhere. We cant trust anyone. And where is congress while all this is going on.
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Feb 21, 2019 @ 11:33:19
This just gets worse by the day. They wont stop until they kill us all but not before they make money off us.
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Feb 21, 2019 @ 11:06:21
Just think what these sick bastards are doing to the homeless. These peoples are prime targets for the people who make their living preying on the public so they can make money
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Feb 21, 2019 @ 11:02:39
This happened to our neighbor. she had the bronchitis and was in hospital. they used those terrible psych drugs on her to keep her quiet because she was begging them for help and could barely breathe. when her family tried to move her to another hospital and different doctor the hospital she was in got a guardianship in less than an hour and a week later she suffocated to death when her lungs closed completely. the first hospital and doctor said she was faking and had mental issues.
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