Friday, December 6, 2013

ABC Action News: Willie Berchau is Freed!

A man who the I-Team first reported was locked up in an Alzheimer's unit by his court appointed guardian, despite evidence he didn't belong there, just had his rights restored by a judge.

The I-Team first reported the story of Willie Berchau back in September. Berchau had twice been declared incapacitated by the court and was locked up in an Alzheimer's unit at the request of his court-appointed guardian.

His friends and supporters who believed he didn't belong there contacted ABC Action News. Berchau was frustrated with the system. "We have a free society," he said. "I have no rights to decide where I like to live and makes the few days I have left to live so miserable and uncomfortable," said Berchau.

After the interview aired, that all changed. A doctor found that he is capable of exercising all of his rights and recommended that he be discharged from  his court-ordered guardianship and be free to live where he wants.

Berchau's guardian had been opposed to him having his rights restored, saying his condition had actually worsened, but she later withdrew her objection.

Now, a judge has signed an order restoring all of Berchau's rights and ordered his money to be promptly returned to him.












Source:
Man Locked in Alzheimer's Unit by Court-Appointed Guardian is Now Free

See Also:
ABC Action News:  Who is William Bercheau?

13 comments:

Barbara said...

HOORAY! Congratulations to Mr. Bercheau and his family and friends. And thank you, Adam Walser and I-Team!

Anonymous said...

I love the ABC I-team!

Kay said...

CELEBRATE! This is wonderful news. Thank you I team and NASGA!

StandUp said...

What a way to end my day. Thank you ABC and Adam Walser. There are true champions in this world and you folks are among them!

Anonymous said...

Would love to see John Perez's comment on this story. The NASGA advocates seem to find and develop the story. Once developed deliver the story to the general media such as ABC's I-team. Then omce the spotlight of the magor media is involved, things seem to magically change. I think NASGA has a model that is showing promise of exposing the abuse of the conservatorship system as it exists without the media spotlight. It also seems that the media is responding with less delay as the track recod is proven successful time and again. Good job for everyone involved. It gives hope to families with loved ones currently unlawfully isolated.

Norma said...

It makes my day as well. Victories are far and few between and this one really makes me smile!

Good going Willie Bercheau!

Kathleen said...

So very happy for Willie! Thanks ABC Actions news but please don't stop the stories there are many more victims out there and my mother is one. Please help us all!

Marie said...

I am so glad the judge did the right thing. And I hope the guardian goes to jail.

Gracie said...

This gives us all hope!

Anonymous said...

This is WONDERFUL NEWS!!! I consider it to be a huge breakthrough in our efforts to end guardianship abuse. Personally, it brings hope to me because this case with Mr. Bercheau, like mine, involves the Pinellas County Probate court system overseen by judges: Jack St. Arnold and Lauren Laughlin. The guardian that targeted my loved one, Teri St.Hilaire, first utilized the services of APS caseworker, Cathy Christmas to locate and deliver the prey after establishing the potential feast had a comfortable retirement nest egg in place. At the same time APS confirmed that I was designated Durable POA and Health Care Surrogate. There are many twists and turns to this pitiful story, but for now I'll just tell you the first undeniable law broken was the initial petition to the court to deem St.Hilaire as "Guardian Advocate" which BY LAW requires 100% that if these directives are in fact designated, I should have been notified. I HAD NO IDEA WHATSOVER!!! Neither did my friend. Was the judge even told, or did HE just break the law too? I'll remind you; this is BEFORE the Emergency Guardian was requested, then full Plenary Guardianship was petitioned for. SHE IS NOT EVEN AN ALLEGED INCAPACITATED PERSON YET! All this took place in one week of time! I AM CERTAIN my loved one was NOT INCAPACITATED at the time this feasting began, nor do I believe she is now. F.Y.I; she was being medicated for depression, then high anxiety due to being raped by a staff member which was the fuse that got the ball rolling. To this day, St. Hilaire has never returned my calls or mail, and won't allow me any contact with my precious loved one. I was warned to not attempt contact with the ward whatsover after calling the care home she's imprisoned in or the police will be called. I've done nothing wrong and LOVE this women more than life itself. Inspite of all else, the point I am making is this: According to Florida Probate Rule 5.649 Item # 6 page 165 asks this question: "whether the petitioner has knowledge, information, or belief that the person with a DEVELOPMENTAL DISABILITY has executed an advance directive under 756, Florida Statutes, or a durable power of attorney under chapter 709, Florida Statutes."
There are About 5 more paragraphs that follow that specify without any question my loved one, myself, and her next of kin SHOULD BE NOTIFIED, and that she had the "RIGHT TO BE REPRESENTED BY COUNSEL OF HER OWN CHOICE" This violation of the law in itself PROVES the guardianship was established fraudulently, and is the MAIN puzzle piece I needed to finally begin taking action to save her from this nightmare thereby paving the way for these crimes of inhumanity and civil right's violations to be extinguished like the evil, putrid, cancer they have become.
THANK YOU SO VERY MUCH I-TEAM!
I'll be in touch with you soon... P.S. The ward's brother was designated as a "BACKUP" in the advance directives. ...Of course he was'nt given notice either.

Donna said...

WOW, I just couldn't be happier!!!!!!!!!!!!!!!!!!

Sylvia Rudek said...

Wonderful news look what it took. It took courageous reporting, along with the power of the media and press to distribute the information to the citizens.

Applause and Standing ovation and Thank you ABC and Adam Walser for a job well done.

Anonymous said...

Nice to see good news! Thank you I-team