Florida Sen. Jeff Brandes (R-Pinellas County) is sponsoring new legislation after seeing the I-Team's report featuring Berchau's story.
Surrounded by friends and supporters, Berchau celebrated returning to the retirement community he calls home.
“I almost lost hope," he said. "I figured I would never be back at this place."
The I-Team uncovered that Berchau had been locked away in a dementia unit at an assisted living facility by a professional guardian last summer after being declared incapacitated by the state and losing all his rights.
We interviewed him when he was allowed to go on a rare church outing.
“I can dress myself. I can take a shower. I can walk,” said Berchau at the time, questioning why someone would lock him away.
“Many of us had neighbors who, when they heard Willi's case said ‘no this can't happen here,’” said Jane Barr, a former volunteer ombudsman for the state who became involved in Berchau’s efforts to free himself from court-ordered guardianship.
With the I-Team’s stories, a new lawyer and the help of volunteers who called themselves "Team Willi," Berchau was eventually reevaluated, found competent and released.
One person who paid close attention was Sen. Brandes, who is now sponsoring a law to reform Florida's existing guardianship system.
“Willi's story is what prompted it. We heard the story and it was just so compelling and we knew that we needed to do something,” Brandes said.Hearings begin next week in Tallahassee on the proposed state law.
Brandes said the bill appears to have strong support from other lawmakers.
“They were shocked that it's 2014 and we don't have this kind of legislation in place,” he said.
Another person paying attention was U.S. Sen. Bill Nelson.
“That's one example of an outrageous case,” he said.
In Washington, Nelson is sponsoring the Guardian Accountability and Senior Protection Act, which would provide more federal oversight over state guardianship programs.
“The state courts need to follow up when complaints are filed. It's clear that the courts are not being aggressive enough,” Nelson said.
Meanwhile Berchua has vowed to spend the rest of his life telling his story.
“You people were the ones that helped me," Berchau said. "To me, you are a God given gift. That's all I can say."
He hopes his efforts will keep what happened to him from happening to anyone else.
Berchau has agreed to travel to Tallahassee and testify on behalf of the proposed guardianship bill as it makes its way through committees.
Source:
Story Uncovered by I-Team Sparks Proposed Changes in Florida Law
16 comments:
Wow, Willi, this is wonderful news and it's happening all because of you!
This is happening all over the country. It is an apidemic. Wake up America.
Younger adults with disalities are also being targeted - all for money.
Care is abysmal under many professional guardians. When families complain, they are cut out of the " wards" life. Families are being destroyed.
Willi is a true American hero!
This is just another example of why guardianship should be taken out of the courts. Just like the Kidds's story in Dallas.
This is just another reason guardianship should come out of control by the courts. Just like the Kidds's case in Dallas.
Thank you Adam Walser And ABC I-Team for these stories on guardianship! Great News for Willi now he is FREE from an abusive guardian. Please keep the stories coming there are more people out there like Willi that are being isolated for no reason and held against their will. I also want to thank Senator Jeff Brandes for sponsoring a new bill to reform guardianship.
Applause and Standing Ovation from NASGA Director and daughter of a physically disabled WWII Veteran:
Thank you Adam Walser, the ABC I Team for your very important role to right the wrongs by your hard work and dedication to exposing the the truth, the dark side of guardianship that resulted in just conclusion, freedom for Mr. Willi Berchau from a wrongful guardianship.
Mr. Berchau, enjoying life as a former ward warms my heart, a rare event.
You look great, Willi!
Willi's guardian should be put in jail for what she did to him.
Willi Bercheau has become a poster case and a face for the injustice of the FL guardianship system. I raise my glass and toast this brave man.
We have been honored to know Willi. He IS a hero. He spoke up even though he knew his guardian was in total control of his life. ABC made sure he was heard and Senator Brandes heard and is taking steps to make a change! You all are spreading the word. THANK YOU!!
This is a great way to start the day. My sincerest thanks to Adam Walser and the ABC team for rescuing our hero, Willi!
Another case, yet the sharp claws of guardianship refused to hear what Willi had to say thinking disregarding his pleas to be free would put his case on the pile of other cases as long as Willi is generating $ to feed the probate machine while ensuring job security for public guardians resulting in $.
Oh what a surprise when Willi's ordeal hit prime time now we have public scrutiny and public outrage about the dirty secrets contained in those files.
And it gets better the reporter takes this on oh I love ABC for doing this and it gets even better Willi's mission will help others who are silenced while generating $ for their captors.
Who is next? Think this can't happen to you? This is an example of a national problem with the probate conveyor belt churning people into products to feed the machine.
gosh i just love this photo of reporter adam walser with mr willi berchau i could cry with relief the love and appreciation is in their eyes windows to their heart and soul if we could clone mr walser truly would be a wonderful world now willi is on his way with his new voice of freedom to tell the florida legislators how the broken system harms society and now willi has a new friend senator brandes who is listening to willi imagine that all thanks to the light of the media thank you abc you have my appreciation and admiration looking forward to updates may god bless you
Sen. Jeff Brandes and US Senator Bill Wilson, here is another outrageous story of a Port Orange Florida Professional Guardian who successfully kept a Pennsylvania domiciled woman in Fl all for profit! She was intentionally isolated, medicated and her estate liquidated by Jetta Getty and company. Following is a real life tragedy:
Rita Denmark was a divorcee in excellent physical health with mild/moderate dementia. Denmark domiciled and resided in Pennsylvania, she was registered and voted in Pennsylvania, she had a Pennsylvania prescription drug plan and a Pennsylvania Workers Compensation insurance policy for her personal care companions (all of which she had known for years). Denmark had her Advance Directives in place and she had a long term relationship with a favorite, local banker and an accounting advisor both of whom had assisted Denmark with her financial affairs for many, many years. Rita Denmark had everything was in place to enjoy her Golden Years with her family and friends when she took a "life changing" vacation to Florida with one of her daughters.
Just DAYS after their Florida arrival a dispute between Denmark’s children ensued causing them to reach out for legal direction. Denmark’s daughter was assured that the quickest, easiest and least expensive way to get the problem resolved and to get their mother back to her home in Pennsylvania was to allow AND assist Professional Guardian, Jetta L. Getty (owner of Young at Heart Elderly Services) to sort out the disputed facts and report back to the court within 90 days as required.
Jetta Getty promptly placed Denmark in a Port Orange, FL Assisted Living Facility (Summerville now called Emeritus of Port Orange) and Getty put Rita’s daughter, the vacationing companion, onto an airplane sending her back home to PA assuring her and other family members that Rita would be home soon.
Rita's daughters now believe that Getty’s motive was to get that daughter out of her way & hoodwink other family members long enough to get the court behind her then, she began the process of enriching herself, converting Rita Denmark's approx. $470,000.00 estate into fees for herself, her attorney and other business associates, including another Professional Guardian, Edith Myett who has sense been arrested!
In less than 5 years Getty paid herself $93,932.75 [11/28/2007 - 08/03/2012] and she isn't done billing yet!
The documentation in the Volusia County FL Court record shows very specifically that Jetta Getty CHANGED Rita Denmark's address. The Volusia County Court record also shows that several attorneys and the guardian, AKA "Officer's of the Court" knew, or should have known, that Denmark was a vulnerable senior and was a PA resident being moved by Getty. These Officer’s of the Court were ALL paid (by Getty) from Rita Denmark's approximate $470,000.00 estate. It took approx. 3 ½ years to finally obtain the documented proof that NOT ONE of those “Officer’s of the Court” ever told the Judge that Denmark was a Pennsylvania resident and domicile. This FL court record is chocked full of deceit and omissions by Getty through her attorney and others.
We have reason to belief that Denmark’s entire estate has been plundered and converted into fees. We believe that Denmark is now supported by Floridians HARD EARNED tax dollars even though her family wants her home and to care for her.
WHO guards the guardian? NO ONE!!
Thank you for taking the time to read this, “to the best of my knowledge and belief,” real life story.
For more information contact hlpeffer@yahoo.com or Info@StopGuardianAbuse.org
Great work ABC I-Team. You not the court or guardian provided Willi his 1st Amendment Rights. Willi is one freed, with thousands throughout the country waiting for the same rights and freedoms guaranteed by the U.S Constitution. The 14th amendment has worked for Willi too because of ABC- I Team. These rights seem to also be terminated under guardianships, especially when an attorney ad litem is appointed for you. The liberty to hire your own attorney is also taken away in guardianships. Obviously Willi's court appointed attorney's were blind not to see that he was not totally incapacitated, including the judge who appointed a guardian who believed she owned him. Great news that Florida will be looking into reforming the guaridanship system. Hopefully the judges won't be addressing the legislators in opposition of the reforms in protecting seniors and the disabled like some probate judges in Texas do. In Texas judges oppose protections of due process rights in Guardianship. In Texas professional guardians, programs and Corporations are better protected than the person that Guardianship was actually created and intented to protect. Guardianship is a multimillion dollar industry- Guardianships are legalizing abuse, neglect and specifically exploitation by non-family guardians. Congratulations to Willi, may God be with him in all his endeavors to speak on behalf of the thousands who are suffering under a state law that was created to protect our elderly and disabled citizens.
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