Marie Winkelman Guardianship: A Test Case to Lower the Bar on Incapacity in Florida

At least 100 pages of Florida law, Chapter 744, are devoted to “Guardianship,” which may or may not be imposed upon a person who is determined to be incapacitated.

Holocaust Survivor Marie Winkelman is now a Ward of the State of Florida, based upon the order of the Sarasota County Probate Court, which adopted a mediated settlement agreement that denied Marie her due process rights. This is the fourth part in an investigative series on the involuntary guardianship of author and acclaimed painter Marie Winkelman.

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

Attempt to Force Chemotherapy Upon Amish Girl to End - Finally!

A court-appointed guardian can drop her attempt to force an 11-year-old Amish girl with leukemia to resume chemotherapy, a judge ruled.

The decision is a big step in bringing an end to a months-long fight between Sarah Hershberger's family and a hospital. The struggle began when her parents decided to halt the treatments because they feared chemotherapy was killing her.

The ruling issued Thursday by Medina County Probate Judge Kevin Dunn also helps clear the way for Sarah and her parents to return to their farm in northeast Ohio. The family fled and went into hiding four months ago to avoid having the treatment forced on the girl.

Maria Schimer, an attorney who's also a registered nurse, was given the power to make medical decisions for Sarah after an appeals court ruling in October said the beliefs and convictions of the girl's parents can't outweigh the rights of the state to protect the child.

But Schimer said she decided to drop the effort and resign as guardian because it became impossible to monitor Sarah's health or make any medical decisions for her after she left home.

Full Article and Source:
Judge Allows Guardian to End Attempt at Forcing Amish Girl to Resume Chemotherapy

Butler County Ohio Prosecutor: Bill Will Help Prevent Elder Abuse

The elder abuse bill recently passed by the Ohio House will help protect seniors “from fraud and abuse in today’s society,” said Butler County Prosecutor Mike Gmoser.''

House Bill 49 — which is referred to as the Ohio Elder Justice Act and is jointly sponsored by Reps. Mike Dovilla, R-Berea, and Wes Retherford, R-Hamilton — passed by way of an 83-6 vote. The Senate is now considering the legislation that is designed to strengthen the laws protecting seniors from abuse, neglect and financial exploitation.

“House Bill 49 is very important to our continued and improving efforts to protect our senior citizens,” Gmoser said, also giving credit for the work of Ohio Attorney General Mike DeWine. Gmoser also provided testimony supporting the bill when it was in the Judiciary Committee. The bill was introduced into the house in February 2013.

Retherford said as technology advances “so does the use of technology for evil purposes.”
“Far too often the victims are members of the The Greatest Generation and the Baby Boomers who are reaching 60,” he said. “These men and women have fought for our country, worked hard for a living and provided us with the way of life we all hold so dear.”

Full Article and Source:
Prosecutor:  Bill Will Help Prevent Elder Abuse

VA Fiduciary Program Accepting Comments on Proposed Rule, AO53

Since as early as 1924, VA and its predecessor agencies have administered a fiduciary program for beneficiaries who, as a result of injury, disease, the infirmities of advanced age, or being less than 18 years of age, cannot manage their own VA benefits. Under this program, VA oversees these vulnerable beneficiaries, and appoints and oversees fiduciaries who manage these beneficiaries' benefits. VA's current statutory authority for this program is in 38 U.S.C. chapters 55 and 61.

Summary:

The Department of Veterans Affairs (VA) proposes to amend its fiduciary program regulations, which govern the oversight of beneficiaries who, because of injury, disease, the infirmities of advanced age, or minority, are unable to manage their VA benefits, and the appointment and oversight of fiduciaries for these vulnerable beneficiaries. The proposed amendments would update and reorganize regulations consistent with current law, VA policies and procedures, and VA's reorganization of its fiduciary activities. They would also clarify the rights of beneficiaries in the program and the roles of VA and fiduciaries in ensuring that VA benefits are managed in the best interest of beneficiaries and their dependents.

Dates:
Comments must be received by VA on or before March 4, 2014.

For more information and Source:
A053 - Proposed Rule:  Fiduciary Activities

CA Lawmakers Ask How Social Services Can Better Monitor Care Homes

Lawmakers questioned officials from the California Department of Social Services on Tuesday about how the department can better monitor and regulate residential care facilities for the elderly.

The hearings in a joint Human Services Committee meeting were called after more than a dozen elderly, disabled and mentally ill people were found abandoned for two days at a residential care facility in Castro Valley.

The Valley Springs Manor lost its license from the state.
The owner and all but three workers left.

"This is not working properly," said Will Lightbourne, the director of the Department of Social Services. "We are seeing misses that shouldn't be there."

Gov. Jerry Brown has proposed giving the Department of Social Services an additional $7.5 million in the upcoming budget and hiring more than 70 people, including investigators, to visit facilities.

As things currently stand, senior homes are only inspected once every five years and subject to periodic random inspections.

Advocates for the elderly say residential care facilities should be inspected more frequently than day care centers.

"They don't go home to their parents at night," said Patricia McGinnis, the director of the California Advocates for Nursing Home Reform. "They don't have frequent visitors. And they are often very frail and dependent."

Advocates are also asking lawmakers to change the penalties for caregivers who break the law.

"Whether it's imminent danger or death or serious bodily harm -- whether (it's) absolute neglect, it doesn't matter. The most you're going to get fined is just $150."

Full Article and Source:
Lawmakers Ask How Social Services Can Better Monitor Care Homes

Watch the Hearing

Your First Sweetheart ...Happy Valentine's Day

Please join or donate to NASGA and help us work for reform of unlawful and abusive guardianships and conservatorships!

www.StopGuardianAbuse.org

Happy Valentine's Day!

The Contilia Retirement Group in Essen, Germany, made what is probably the best calendar ever with a few of their seniors.

Source:
A German Retirement Community Did a Calendar Where Seniors Amazingly Re-created Famous Movie Scenes

86 Year-Old Gymnast!

Source:
YouTube:  86-Year-Old Gymnast

Outrageous financial exploitation of the elderly followed by an insidious insult to a dead victim!

Financial predators of the elderly wear different disguises.  This report focuses on Azzam Hijazi: a taxi driver, known as “The Cabbie You Don’t Want to Call.” 

As you watch this report of the exploitation of injured war Veteran Greg Richey, your blood will start boiling.

Be sure to watch the entire video because you won’t believe what happened to elderly and nearly blind victim,  Frances Jensen. It apparently wasn’t enough to “inherit” her entire estate.  What happened after she died is almost unimaginable and unbelievable!    Even then, her family was rendered powerless to help her. 



Source:
Outrageous financial exploitation of the elderly followed by an insidious insult to a dead victim!