The Passing of Guardianship Reform Advocate Annie McKenna

NASGA mourns the passing of a dear friend and long-time advocate: Annie McKenna.

Annie has been a loyal and dedicated member of NASGA practically since its inception. She was also our very first “Media Liaison” - a volunteer job she took seriously. She was an avid videographer and made many videos of NY victims, giving them a voice and hope that their voice would be heard. Indeed their voices were heard and Annie worked with a prominent reporter back then who did several reports on NY and CT cases.

Annie had a gift for boiling down a complicated case to get to the core which would interest media. She was professional, always positive in her approach and very thorough; her words were measured and concise.

Annie was a real treat to know. She was witty beyond belief and she was inquisitive and interested in just about everything. She was talented and creative and she cared about people trapped in unlawful or abusive guardianships with her whole heart and soul.

We will miss her, her level head and quick wit - and her laugh. Annie McKenna helped NASGA grow; she made us better; and her influence will always be with us.

Godspeed Annie.

Ginger

Ginger & Mary Ann

I didn’t know Ginger when she took a fall down the stairs in her home. They say she suffered brain trauma. Her elderly aunt – her only relative – couldn’t take care of her, so was advised to “conserve” her.

If you don’t know what it means to be “conserved,” here it is in a nutshell:

The courts take over your home, your possessions, your bank accounts, and your life. You no longer have autonomy, or agency over yourself.

Now, in a perfect world this would all be handled responsibly and with respect for the citizen being conserved; the intention would be to get them back to health and off conservancy. But this world is not perfect.

When Ginger was conserved, the court immediately took over her home, her car, and her bank accounts. She no longer had any rights as we know them. The court put her in what’s called a “group home.” Within the first six months, rather than seek Ginger’s restoration to health, the court sold her condo, raided her money, and her car disappeared. The car was later found parked in front of the Conservator’s office. Some say it was given to the Conservator’s son.

I heard about Ginger when I was advocating for a friend who it seemed had been wrongfully conserved. I learned that not only was she living in a group home, she was also in charge of dispensing medications to the other residents. Ginger was managing the home for the owners. The owners – who did not live there, and rarely showed up – got paid by the state. Ginger was paid nothing.

The day of the rescue we pulled up to a modest brick house. Ginger was waiting for us.

We moved quickly to get the car loaded up with her few possessions, because we were concerned that “someone” might catch us. And she was still “owned” by the state. Before we left, I told her to take pictures of her bedroom. She no longer had the beautiful bedroom suite from her townhome. Now she had a mattress on the floor, and her clothes were kept in a cardboard box and plastic drawers.

I took Ginger home with me and moved her into the blue bedroom. I watched her shoulders drop, heard her laugh, and that helped me know I’d done the right thing.

There was yeoman’s work to get her conservancy stopped, but I took on the job alongside Ginger … researching, making copies of documents, appearing in court on her behalf. In fact, my ass was in the crack now too, because I’d officially “kidnapped” a ward of the state.

Within the next few months, we went to court several times, and finally extradited her from the state’s control. One expert told us he had never seen that happen. “Once the state owns you, they pretty much always will.”

Ginger began the grueling work of building her life back. She no longer had a job, car, a home, or any furniture. That had all been liquidated by the state.

When she moved to a new residence closer to her good friend Mary Ann, I gave her the bed from the blue bedroom and the bedding that went with it. At least, I thought, she’d have that.

That was several years ago. I’ve talked with Ginger on the phone a few times, and she always sounded upbeat , positive and faith filled … her natural state. She began painting beautiful stained glass, and seemed to be fairing well.

When the news of her passing came yesterday, it knocked the wind out of me. My heart and mind are whirling with memories of her, the sound of her laugh, and her willingness to do the hard work necessary to make good things happen.

Some people may think kidnapping Ginger and helping her get out of that mess was a courageous thing to do. Others may call it stupid. But looking back, I’m not sorry.

And looking up, I know Ginger is free and happy … may God bless and keep her.

Full Article & Source:
Ginger

See Also:
Ginger Franklin's Car Towed and Sold While in Conservator, Jeanan Mills Stuart's 'Care'
Ginger Franklin, Tennessee Victim
Tennessee Public Guardian, Jeanan Mills Stuart's Fees Exceed $1.8 Million
TN:  Conservator Jeanan Mills Stuart and Judge Randy Kennedy
Jeanan Stuart Response to Questions

Laurie Roberts Honors Marie Long: Probate Victim Spoke Softly But Was Heard

The first time I saw her, she was in a nursing home for welfare cases. She was sitting in a reclining chair in a drab common area, staring into space as the smell of urine and ammonia wafted through the room.

It was a sad place to land toward the end of a long life and sadder still because it never should have happened.

Marie Long had planned for her sunset years. Then a stroke placed her under the authority of Maricopa County's probate court, where she was protected right into the poorhouse.

After five years of fighting, Marie in December got some of her money back from the lawyers and fiduciaries charged with protecting her though not in time to make a difference in her life.
Marie died on April 22, at age 92.

"She was able to pass knowing all the hard work of others paid off – that gave her much joy," her niece, Kim Raynak, told me. "She actually did a fist pump in the air when we told her of the win."

Marie and her husband, Cliff, planned for their old age, knowing they'd be alone. Their daughter, Patsy, died of cancer at 16. Their son, Bobby, was 20 when he was killed in Vietnam. When Cliff died in 2003, he left Marie in solid financial shape.

She had $1.3 million in assets in 2005, when she suffered a stroke. After a family dispute over where she would live, Marie wound up in probate court, where lawyers and fiduciaries help vulnerable people and sometimes they help themselves, too, to a tidy pile of cash, unless a judge stops it.
Marie's judge didn't stop it and so she was paying $106 for hearing-aid batteries and $50-an-hour for someone to open her mail and $19 to reply to her request for new shoes.

By 2009, she was broke and moved to nursing home for indigents, though her family eventually was able to move her to a nicer place once her money dried up and her for-profit guardian promptly bailed.

Marie's lawyers, Jon Kitchel and Patricia Gitre, worked for free for years, trying to stop the bleeding and then to get some of her money back.

But a probate judge ruled that the attorneys and fiduciaries were justified in helping themselves to more than $1 million of Marie's money and the Supreme Court left the bulk of the judge's ruling intact.

The December settlement brought enough so that Marie would be able to live out her life comfortably. Sadly, she never got the chance to enjoy it.

She did, however, get the chance to change things. As a result of what happened to Marie, laws were changed and reforms were enacted in the hope of better protecting the Maries among us.

"We now have some of the tools that ought to help us prevent another Marie Long case," Kitchel told me. "My optimism is tempered because I know that the tools we had during Marie's case should have been enough."

Marie Long didn't get to fully enjoy her final years as she should have and that is such a shame. But the sweet old lady who spoke so softly was, at least, heard.

"I would like," she once whispered to me, "that this doesn't happen to anybody else."

Source:
Probate Victim Spoke Softly But Was Heard

See Also:
CBS: Guardianship Company Cost Woman Dearly

READ the GAO report:  Guardianships:  Cases of Financial Exploitation, Abuse and Neglect of Seniors

NASGA's "An Open Letter to Congress and the White House

Linda Kincaid Announces Governor Brown Has Signed AB937 into Law to the San Bernadino Board of Supervisors

NASGA's California Advocacy Liaison Linda Kincaid's Mother, Carol Hahn, passed Saturday, August 17, 2013.  Two days after Carol Hahn's death, Governor Brown signed AB937 - legislation created to clarify conservatees' rights to visitors, mail, and phone calls.

Linda stands in front of the Board of Supervisors in honor of her Mother who was a victim of conservatorship abuse the final years of her life.

Carol Hahn leaves behind her daughter, a stellar advocate for victims of unlawful and abusive guardianships and conservatorships and for reform.
Source: 
Linda Kincaid Speaks at the 082013 Board of Supervisors Meeting to Honor Her Mother, Carol Hahn

Delores DeGrandis Bedin Foundation for Patient and Elderly Rights

Emeric J. Bedin,October 18, 1920 - April 22, 1998

"Our Hero - The Great Fighter for America, Liberty and Freedom" 14th anniversary:
You are not alone now. Your beloved devoted wife, Dolores, took up the same fight of cancer and fought the good fight in the example you gave all of us. Emeric did not back down with doctors predictions that he had weeks to live. He lived 2 and 1/2 years beyond the statistics. He said: "Never give up. Fight for what is right. Know that moment before you go to sleep at night and your eyes are closed review what you did during the day and if you treated everyone right."

Emeric was willing to lay his life down landing in Normandy during WWII for our great country to preserve Freedom, Liberty and Justice and all to be treated equally. When he had 100 Nazi's chasing him he outran them. What has happened 67 yrs later? How did this spirit get lost by those who are to heal us? His widow was forced to fight for her civil rights when she asked questions to a leading Chicago hospital why she did not get results from a CT Scan taken 5 months earlier that she had a mass in her pancreas. The last year of her existence, she was obliged to fight two battles at the same time; not only her cancer, but the dysfunctional medical system that did not allow her any questioning about the crucial mistake.

For that, she was put at risk to be taken away from the loving care and dedication of her daughter. Hospital administrators bullying her that a Public Guardian would be assigned. A paradox that is a call to conscience to those dismissing the elderly and labeling them as incompetent when they aren't, taking their rights away. Emeric fought to keep Liberty with no self interest or bottom line profit. Our hero gallantly reached down and greeted his bride, Dolores, escorting her up the stairway to Heaven.

They fought the good fight, they finished the race, they kept the faith honoring them by asking how we treat the elderly and terminally ill with rights and dignity? And as Theodore Roosevelt said: "It is not the critic that counts. The credit belongs to the man who is actually in the arena; whose face is marked by dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasm and great devotions, and spends himself in a worthy cause, who at the best, knows in the end the triumph of high achievement; and who at the worst, if he fails, at least fails while daring greatly; so that his place shall never be with those cold and timid souls who know neither victory nor defeat."

We miss you Dad and hold Mom tight in your arms - she fought hard. We honor that young soldier in Normandy who would be furious knowing 67 years later how his widow was treated by hospital administrators trying to take her freedom and rights away. By the Delores DeGrandis Bedin Foundation for patient and elderly rights. "The elderly are people too." For help or to report abuse call 646-262-6200.

Source:
In Memoriam

See Also:
NASGA: Delores Bedin, Illinois Victim

The Heartbreaking Passing of Dorothy Wilson—Part V

I wanted to write this next installment of the “Heartbreaking” series about two weeks or so ago. However, on October 23, 2011, the subject of these articles, Dorothy Wilson, passed into spirit very quickly and unexpectedly. The information I intended to share was filled with many of the misgivings and illegalities caused by the people who Diane—Dorothy’s loving daughter—was trying to overcome. Instead, I am bemoaning the fact that one of our fine elderly citizens died before seeing her desires be filled. In one of Dorothy’s many letters, written on September 18, 2011, and ignored by judges, lawyers, politicians and the media, she wrote:

To Whom It May Concern,

I want to go home more than anything else in the world. There is nothing wrong with me. Being home would make me the happiest person in the world. You never realize how precious your home is until you are not in it.

Please help me. I want to go home.

Sincerely,
Dorothy Wilson

The despicable actions of the law guardian in this case are not forgotten. While Dorothy Wilson may not have lived her last couple of years stress-free and happy, the fact that she was unafraid to talk to me and others who wanted to help her will allow the spotlight to shine on other disreputable judges and guardians. Let there be no doubt that her passing will not go without an ongoing initiative to press forward in ending the rampant system of “legal” thievery. Let there be no doubt that there will be justice for Dorothy. No one should ever be allowed to have their civil and humanitarian rights taken away. No one should ever have to live their final years in grief, anger and humiliation.










Full Article and Source:
The Heartbreaking Passing of Dorothy Wilson

Evelyn Schwartz Passes

Evelyn Rose Schwartz was born April 10, 1916 she lived to be 94, passing away at around 12:30 Am at the Chardon Nursing home in Ohio, on Sunday the 27th of February, 2011.

When I (Betty) met Evelyn she was an active 88 year old woman living in a home she was very proud of; being cared after by her caregiver Dean. Evelyn's driving days were finally over - she had two dogs that she treasured and she was happy and content.

What I loved about her was she was a lady to be much admired. She had accomplished a lot in her life and had a lot of self worth about her. A really wonderful lady. One of her best friends was Dottie Buzeck who had moved Tennessee quite a few years ago. When Dean and I cared for Evelyn going into Manor Care nursing home, we met another woman (who worked there) who would become a very dear friend of Evelyn as well, Linda. So even in her last years, she still was surrounded by loving friends. Altho many have passed on as each year older; she saw more deaths. She has a lifetime of friends surrounding her - as you can see by some of us being here paying our last respects to her passing today. Evelyn understood life is about change, and one needs to accept there is a heaven, and loved ones are now in a better place. We know she is up there in heaven with all her family and friends who are privileged to be there too. Her family and friends can be proud of her.

Sadly several who love her, hadn't been able to see her for numerous months of late. However, we can say, she died knowing she was surrounded by love - as Dean, Linda and myself, Betty, were with her at the nursing home- visiting her- the night before she died.

Source:
Last Evening With Evelyn - She Died the Next Morning Knowing She was Loved

See Also:
Ohio: Evelyn Schwartz' Belongings Dumped

The Passing of Barbara Kasler

Sad news to report in the Larry Seidlin civil case. Barbara Kasler, the 84-year-old widow the former judge is accused of financially exploiting, has died. Kasler, who suffered serious health problems for the past several years, died of natural causes, according to sources.

Source:
Bob Norman's Pulp

See Also:
Courthouse Witness Unloads on Judge Larry Seidlin

The Passing of Maydelle G. Trambarulo

Maydelle G. Trambarulo, 79, of Monroe Township, passed away peacefully Saturday, Dec. 5, 2009, at home. Born in Danville, Ky., she lived in Red Bank for over 40 years. She was active in St James Church, Red Bank, where she was also a realtor for many years. She was a member of the Altar Rosary Society, the Red Bank Board of Education, the Shrewsbury Garden Club, and the Bell Labs Friendship Group.

She is survived by Ralph, her devoted husband of 53 years; three daughters, Anne Haines, Alice Wright, and Margaret Goss; two sons-in-law, John Haines and Dave Goss; a son, Paul, his partner, Brian Pincin; and seven grandchildren, John, Daniel and Stephen Haines, Ali and Ryan Wright, and Briyah and Twia Goss.

Memorial donations may be made to the Christian Appalachian Project either by phone @ 866-270-4227 or online @ www.christianapp.org.

See Also:
Maydelle Trambarulo

Great Escapes

Father of Terri Schiavo Dead at 71

Robert Schindler Sr., whose years-long fight to keep his daughter Terri Schiavo alive made worldwide headlines, died today.

He was 71.

In a statement, Schindler's family said the Philadelphia native died of heart failure at Northside Hospital in St. Petersburg.

"He'd been dealing with health problems since Terri's death," said Schindler's son, Bobby.

Terri Schiavo, then 26, suffered heart failure in 1990, causing the brain damage that left her in what doctors described as a persistent vegetative state.

Her husband, Michael, sought court permission to have her feeding tube removed. But the Schindlers fought to gain custody of their daughter.

In 2005, the fight reached the U.S. Congress and then-President George W. Bush, who signed a law aimed at keeping Schiavo alive.

Schiavo died March 31, 2005, two weeks after her feeding tube was removed. She was cremated and buried in Pennsylvania in accordance with her husband's wishes.

Her parents and their two surviving children founded the Terri Schindler Schiavo Foundation to support families facing similar fights regarding the rights of disabled people.

Funeral services will be held in Philadelphia, although details have not been announced.

Memorial donations may be made to the Terri Schindler Schiavo Foundation, 5562 Central Ave., Suite 2, St. Petersburg FL 33707.

Full Article and Source:
Father of Terri Schiavo Dead at 71

See also:
Family’s Statement on Passing of Father of Terri Schiavo, Robert Schindler Sr.

In Memoriam - Luke Forrest Humphrey

Luke Forrest Humphrey, 23, passed away Monday, August 17, 2009, in Glen Rose, Texas. He was a graduate of Pine Tree High School, attended U.T. Tyler and worked at Home Depot before a car accident in 2005, which resulted in a traumatic brain injury. Luke's graveside services and burial were Tuesday, August 18, 2009, in Squaw Creek Cemetery in Rainbow, Texas, prior to the family's knowledge.

He is survived by his parents, Dr. William and Susan McLendon of Hallsville; sister, Kari Schneck and husband, Thomas, of Longview; brother, John Gasper; stepbrother, Will and Amber McLendon of Albuquerque, New Mexico; stepsister, Charisse and Rob Tolleson of Pasadena, California; grandmother, June Slaughter of Tucson, Arizona; father, Landy, and his family; aunts, JoAnn Bowshot and Rose Pondoff of Youngstown, Ohio; aunt, Patricia Pondoff of White Oak; cousins, Kathy, J.T. and Hailey Murphy, Nikki and Bobbie Bowshot, Scott and Shawna Bowshot, Bryan Pondoff and Tony Smith; nephew, Harrison Taylor; and best friend, Grant Thomas, who survived the accident; and his Home Depot family who loved him.

To view Luke's story go to http://salon.glenrose.net/default.asp?view=plink&id=11141&=cm1

In lieu of flowers, the family requests all donations be sent to the National Association to Stop Guardian Abuse at http://www.nasga-stopguardianabuse.blogspot.com/2009/07/guardian-troubles.html or P.O. Box 886, Mount Prospect, IL 60056.

It is the four years of mourning, the voicemail I received of my brother's death the day before my birthday and the conversation that the funeral had already taken place for me to realize what it is I am feeling.... I am thankful.

I am thankful to have had Luke in my life. Luke was a wonderful brother. He was funny, confident and full of life. Luke was a hard worker. He took pride in his appearance, his possessions and made lasting friendships. Luke had a great life, a promising future and parents who loved him.

I am thankful that I will be able to celebrate my birthday every year with him. But most of all, I am thankful for my mom and Luke's dad for making me Luke's sister because without them, I would never have known Luke Forrest Humphrey.

Fly with the angels, Luke. I love you! Your sister, Kari.

To my beloved son,

As the family knelt by your grave, we read the Bible verse that I read to you everyday in the hospital, Psalm 91.

Everyone shared a funny story about Luke. He loved to pull pranks and never forgot April Fools Day. He made funny faces in every picture he took. Luke loved life; he loved everyone. There was such a purity about him and a genuine smile for everyone. He was free spirit like his mom; he took life right in stride. He was a great sport, a team player and an athlete.

I knew as I knelt by your grave that you were in my heart. The memories of 20 years of packing lunches, going to games, the family vacation every year, going skiing-we had such happy times and no one can take away all our precious memories. Luke was there with us that day. I could feel your smiling, glowing face; I could feel the warmth of your character, and I know you are happy and free. I promised you, I will never give up the fight to have your perpetrators brought to justice.

I can feel your smiling face with me, and I feel your comfort. I know you are here with me and Bill, Kari and Johnny.

Luke, we love you, and you will always be in our hearts and minds!

Obituary of Luke Forrest Humphrey

Luke Forrest Humphrey

Guardian Troubles

In Memoriam - John T "Jack" Donovan

John T "Jack" Donovan of Daly City passed away peacefully in his daughter's home in Las Vegas where he had resided since 2000.

Jack Donovan was well-loved by family and friends. He positively affected every life he touched. The twinkle in his eye and his infectious smile immediately endeared him to everyone he met.

Jack was loved by many. He had more friends than anyone else we know.

Jack Donovan Tribute
has been created as a tribute of Jack's remarkable life. If you have any special memories of Jack that you would like to share, feel free to use the Contact us page to introduce yourself.

Viewing will be held Thursday, May 7th at 3:00 P.M. with a Rosary following at 7:30 P.M. at Duggan's Serra Mortuary, Westlake Ave. Daly City, CA 94014 (650) 488-7052

Services for Jack will be held Friday, May 8th at 10:00 A.M. with a viewing at 9:30 A.M. at Notre Dame des Victoires Church, 566 Bush St. San Francisco, CA 94018 (415) 397-0113

Public Guardian of San Mateo

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

In Memoriam - Frieda Eversole

Frieda Eversole - November 6, 1910 - April 25, 2009

My mother, Frieda Eversole, born November 6, 1910, passed away on Saturday, April 25, 2009 at the age of 98-and-a-half. One of six children, mother was also a fourth cousin to Abraham Lincoln, of which she was justly proud. She spent the first fourteen years of her life on a farm in southern Alabama, and then moved to Birmingham, AL, eventually attended and graduated from college during the Great Depression. She married my father, Finley Pratt Eversole, a year later. I was born a year-and-a-half into their marriage and am their only child.

Throughout her life, mother was an astonishingly hard worker, compassionate and generous to all around her, always thinking of others first. After World War II she spent at least a year gathering clothing and bedding and shipping it to victims in war torn countries in Europe. She loved to entertain and was an exceptional cook. She had an infectious smile to the very end. Only after my father’s passing in May 1999 did I discover her quick wit and amazing sense of humor. Just one example: a couple months before her death, as I often did, I said to her, “I love you.” A few seconds later I asked, “Do you love me?” Her reply: “Yes. Aren’t you lucky!” Sometimes she would simply smile and say, “I love me too.”

My parents and I were close despite spending many years of our adult lives spent far apart.

Taking care of my mother the final eleven years of her life has been the greatest privilege of my life. The love she shared taught me more about love than I could have imagined possible. Letting her go is difficult on some levels, but we are spiritual beings in physical bodies, and her body had been too confining for her bright soul for some time. Now she is free. I believe the bonds of love are never broken and that the life and love we shared for this all-too-brief time will continue on. As I had hoped, I got to be alone with her in her final hours, holding her and talking to her, telling her what a good mother she had been and that our love would continue on. Part of loving is letting those we love move on when the soul decides its earthly work for this lifetime is done. I was blessed with wonderful parents.

~ Finley Eversole
Bogus Conservatorship

Women: The Movement and Elder Abuse

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Memoriam: Clarence M. Landis

Clarence M. Landis CARDIFF -- Clarence M. Landis died Wednesday, February 18, 2009, after a fall at Pacific Place in Vista. Originally from Pennsylvania, Clarence lived with his wife and family in San Diego for 30 years. He served in the Army in WWII. He worked for Canteen Corporation for 40 years, beginning as a route driver and ultimately as Corporate Vice President and then owning the distributorship in San Diego before retiring. Clarence was a founding member and former President of Nice Guys, a local charitable organization that helps families in need. Clarence was married to his late wife, Dorothy Landis for 45 years. He had four children, Shirley (deceased), Gordon (deceased); and is survived by two daughters, Joan Landis (Encinitas), and Nancy Landis (Escondido). He also has a niece, Carole Baver (Encinitas); and a sister, Margaret Freeman (Lancaster, Pa). Memorial Contributions: National Association to Stop Guardian Abuse: http://stopguardianabuse.org/index.htm organization that fights elder abuse by Public Guardian Conservatorship, which Clarence became a victim of, losing a large portion of his estate and freedom prior to his death.Or to Nice Guys.

Sign the Guest Book online obits.nctimes.com

View/Sign Guest Book

Source:
Clarence M. Landis - Obit

Probate Reformer Dies

If Gov. Rell and the General Assembly succeed at finally reforming our probate courts this year, some thanks must go to John Peters, a West Hartford lawyer who helped expose the Dan Gross tragedy.

A South Dakota native with a long legal career, Peters said he had an idea that might help free Daniel Gross through filing a longshot habeas corpus petition with Superior Court. The idea, Peters told me, was to get Gross in front a real judge.

The brash move resulted in Judge Joseph Gormley ordering Gross freed after living nearly a year in court-imposed imprisonment in a nursing home.

"A terrible miscarriage of justice has happened here,'' Gormley told the courtroom. Without Peters, Dan Gross might never have emerged from the nursing home where he was held against his will.

Peters' son said that his father died Tuesday of heart failure. He was 77.

Full Article and Source:
John Peters, probate reformer, dies at 77

A Sweeping Legacy

In Turners Falls, nearly 100 miles west of where she spent decades confined in Boston psychiatric facilities, Ruby Rogers died quietly in a nursing home, a relatively anonymous end for a woman whose name is routinely invoked during court hearings involving the mentally ill.

Ms. Rogers, who spent her last years at the Farren Care Center, left a sweeping legacy that established key rights for the mentally ill in the Commonwealth. With Rogers v. Okin, the landmark case that bore her name, she also helped determine the course other states took to help certain psychiatric patients participate in decisions about their treatment. Courts and lawmakers elsewhere examined the precedent that Ms. Rogers and six others set with the lawsuit they filed in 1975.

As a result of that case, the mentally ill in Massachusetts must give informed consent before doctors and nurses administer medication. A doctor who believes a patient isn't competent to grant permission must schedule what is known as a "Rogers hearing." If the patient is found to be legally incompetent, a judge - through what is called "substituted judgment" - decides whether the patient would want to accept the prescribed treatment.

Full Article and Source:
Ruby Rogers; helped win key rights for mentally ill

See also:
Ruby Rogers Center

In Memoriam - Aida Mae Rodriguez

Part One:
Dark turns of tragedy - Girl’s role in brutal 2006 murder remains uncertain

Veronica clutched the infant tighter to her chest each time the girl in the next room screamed.

The 13-year-old had watched as her guardian - Samuel Villarreal - abducted his girlfriend from a Weslaco McDonald's.

She sat helplessly as he attacked 16-year-old Aida Mae Rodriguez - first with a Taser, and then a metal pipe.

And moments earlier, she had silently opened her arms as the girl she once counted among her closest friends handed over her 7-month-old daughter.

"Do what you want to me, just please don't hurt my baby," Veronica would later recall the young mother saying.

Authorities have since described this harrowing scene as just one of many in Veronica's tragic life.

The victim of years of sexual and mental abuse, the girl bore witness to one of Hidalgo County's most bizarre murder cases in years. It's a tale of incest, jealousy, rape and dark family secrets, but one in which Veronica's role remains uncertain.

Since the conviction of Aida Mae's killer last year, new evidence has surfaced that suggests Veronica may have been more than just a passive witness.

A key participant in the crime now accuses her of orchestrating the attack on her friend, lying to the men in her life to gain their help and even pulling the trigger herself.

But investigators still maintain anything she might have done, she did in fear of her life.

The Monitor began a two-part series re-examining Aida Mae's 2006 slaying through case files, trial testimony and interviews with several witnesses. And, two years later, Veronica remains just as much a mystery.

Part Two:
Why was Aida Mae killed? - Did Villarreal kill lover to protect his ward or his secret?

Veronica shuffled toward the witness stand, never once making eye contact with the man she had accused of murder.

Two years after the slaying of teen mother Aida Mae Rodriguez, Hidalgo County prosecutors had brought the 15-year-old to testify against Juan Tello Hinojosa, a 38-year-old family friend charged in large part because of Veronica's earlier statements.

But it was not a story Veronica wanted to retell.

She first told sheriff's investigators in December 2006 that Hinojosa, another man and her guardian — Samuel Villarreal — had kidnapped, tortured and fatally shot 16-year-old Aida Mae to avenge a plot they believed she organized to have Veronica gang raped.

Villarreal had been so incensed by Veronica's sexual assault, he told nearly everyone of his plans to kill his then girlfriend.

But in the intervening months, Veronica's story had changed significantly.

She had twice tried to dodge a subpoena requiring her presence in court.

Now that she was here, her dead-eyed expression never wavered as she described the last moments of the girl she once counted among her closest friends.

By the end of the day, she would be called a liar and a murderer.

See also:
Slain mom's short life was marked by troubles

UPDATED: Two grim finds: Baby along road and mom's body

Man on trial for allegedly aiding in murder

Man admits to killing teen girlfriend

Valley man found not guilty for 2006 murder case

In Memory of Weber

On behalf of Karen's family members and attorney: "Karen Weber’s heavenly father called her home to her eternal reward on the evening of September 17, 2008. Her family knows she is in a better place. We look forward to meeting up with her again someday, but until then, she will be greatly missed as she was dearly loved by all of us."

Karen Weber, the women at the center of a Terri Schiavo-like dispute, passed away apparently of "natural causes." Weber suffered a seizure and then a stroke and has been between an Okeechobee nursing home and a hospital. At the center of the dispute between family members was whether she was initially able to make decisions about her own care since her vocal cords were paralyzed when she had the stroke.

Ray Weber, Karen's husband of 34 years, sought to have her feeding tube removed and transferred to hospice. Weber's mother, who maintained at the time that she was alert and responsive indicated she did not believe Karen would want her feeding tube removed and filed for and received an injunction to prevent Ray Weber from proceeding.

Since that time Weber's health problems became more severe and a judge granted Weber's husband temporary guardianship reversing an earlier decision granting her mother guardianship. The hearing determining her competency was postponed.

Despite the guardianship order, an injunction the judge issued to prohibit the feeding tube's removal remained in place.

Full Article and Source:
Okeechobee woman at center of Schiavo-like case dies of 'natural causes'

See also:
Feeding tube debate comes to an end

Florida Man Battles Mother-in-Law to Remove Wife's Feeding Tube

Schiavo-like case in Okeechobee garners interest

Florida Legal Battle Involves Life and Death Debate Similar to Terri Schiavo

In Memoriam - Esther Johnson

When Esther Johnson became vulnerable, her wishes and needs were denied, her estate plundered, and her dignity neglected. Even though she named her son Taylor as her DPoA and even specified he would be her guardian if needed, she didn’t get what she wanted. Instead, Esther’s daughter was named guardian. She confined Esther to her bedroom, denied her visitors, and only allowed Taylor to see their Mother one hour per week and those supervised visits cost Taylor over $100 each.No one was allowed to mention Taylor’s name or answer Esther when she asked about him.



The 3 1/2 year nightmare, which Esther Johnson suffered and which directly caused her death, revolves around the Probate Court structure in the Commonwealth of Massachusetts, and the courts absolute refusal to abide by the existing protective laws for the elderly. Esther Johnson suffered many abuses and torture before her homicide on December 30, 1998.

As a society, we can and must protect the human, civil and constitutional rights of seniors. Every person deserves to live a full life with dignity. Every person must be guaranteed that their wishes will be carried out, assets protected and dignity preserved.

In Memoriam - "Speck" JP Manire

We lost Speck (JP) Sunday morning at 9:16. His breathing got more and more shallow, and his breaths farther and farther apart. He only had morphine 4 times since they admitted him, a week ago last Wed. He passed with no pain, although you could tell that he was have a hard time breathing. I hate that we have only gotten to see him 6 times in the last 4 years, but this last week and a half we got to spend night and day with him.
For this I am thankful.

What Happened to Freedom?

Comfy Care