What is incapacity supposed to be?
According to the Uniform Guardianship and Protective Proceedings Act (1997), an “Incapacitated person” is an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.
So what was Marie’s status before she was put into State guardianship?
Until July 2013, Marie lived independently in a lovely residence in Sarasota, Florida, where she cleaned her apartment immaculately everyday, organized her papers and closets effectively, dressed herself beautifully, prepared her meals, entertained guests frequently, did all of her own shopping, talked with her bankers and financial advisors regularly in person and by telephone, made and received calls multiple times per day, read the daily newspaper, paid her own bills by check and by telephone, and carried on conversations for hours, switching from Polish to English, depending upon the recipients with whom she was speaking.
Why Marie Winkelman’s guardianship is a test case …
Can Marie receive and evaluate information? Absolutely. Can Marie make and communicate decisions? Assuredly. Does Marie have the ability to meet essential requirements for physical health, safety, and self-care? Yes. By lowering the bar of “incapacity,” the State of Florida has created a substantially larger pool of affluent persons whose lives and fortunes are under the authority of the probate courts that increasingly operate in secrecy by closing hearings to the media and the public and removing court records from the public sphere.
Full Article and Source:
Marie Winkelman Guardianship: A Test Case to Lower the Bar on Incapacity in Florida
See Also:
The Taking of Marie Winkelman 1-2-3
NASGA: Marie Lubowski Winkelman, Florida Victim
5 comments:
Florida is a hotbed of abuse.
I pray for her release.
Test case in Florida to apply to the entire nation. We know motive and intent and it's all about the money, the separate you from your assets BEFORE you die it's as simple and ugly as that.
If Marie Winkleman was a lady without substantial net worth she would be left alone.
Case after case after case, the product, the ward is denied their right to their income and assets to spend or save as they wish - now bring in the rightful heirs and beneficiaries who will be denied their rightful inheritance according to the wishes of the target, the respondent of the petition for guardianship.
And know this: YOU, me, we are next in line so get ready for having YOUR story at NASGA blog. It's your choice to get involved and participate to change business as usual or shake your head and say 'oh my this is so sad' in your mind you're thinking but this can't and won't happen to me -
So very well put B Inberg. There are so many horrific stories of these pathetic crimes of legal (not really) human trafficking it boggles my mind. I've grown to become disillusioned with mankind in general over the blatent kidnapping and deliberate isolation of my loved one while they cannibalize her entire person. No doubt it has been an ongoing nightmare for some 18 months now. I've told the evil monsters to their ugly faces that I know their scam now. I was tired of being afraid, but now I really don't care too much anymore. They are scared of me because they know I have the facts with evidence to back it up. As for them taking me one day in the future? My plan is to remain under their radar by keeping my money with me and to rent everything vs aquire assests or maintain a large bank account. We all know designating a Durable POA is a waste of time and loot, because the judge will just wipe his ass with it! I really find it amazing that the national news just isn't aware these ominus crimes of such enormous magnitude and frequency, are taking place throughout our nation, don't you? It really suggsts it's condoned by them, or they are mice not men with character. Or maybe just GREEDY too... Who do you trust? The world is becomming a bad episode of the twighlight zone as far as I'm concerned, but I know there are a few of us who actually care for each other for the right reasons. For those of you who do; the warmest hug from me and God Bless You.
To Rocky:
You said: "We all know designating a Durable POA is a waste of time and loot, because the judge will just wipe his ass with it!"
That will happen when you are not familiar with the law and your rights, and staying on top of what your own lawyer is doing.
The fact of the existence of a Durable PoA or other advance directives must be made known to the court immediately upon filing of a petition for guardianship, so that if the question of capacity at the time of execution is raised, you can prove capacity.
And that proof will be available if you videotape the execution of the documents, as NASGA has suggested.
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