Archive for April, 2008

In Memoriam – Robert Wendland

April 30, 2008
A car accident left Robert Wendland in a coma. Seventeen months later, he came out of the coma, but had been what experts describe as minimally conscious.

Later, Robert Wendland could recognize some people and follow certain instructions, his mother Florence said. His wife Rose said her husband, who gets his nourishment through a tube, is a shell of his former self.

Rose wanted the tube removed so her husband could die. Florence wanted it to stay.

Robert’s fate was in the hands of the California Supreme Court.

http://www.youtube.com/v/sIrhWVMPK6M&hl=en

The California Supreme Court decided that a court-appointed conservator cannot order feeding tubes to be pulled from a conscious yet “incompetent” patient, without that patients own formal instructions.
Conservatorship of the Person of Robert Wendland

See also:
Robert’s Legacy – Conservatorship of Wendland

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In Memoriam – Robert Wendland

April 30, 2008
A car accident left Robert Wendland in a coma. Seventeen months later, he came out of the coma, but had been what experts describe as minimally conscious.

Later, Robert Wendland could recognize some people and follow certain instructions, his mother Florence said. His wife Rose said her husband, who gets his nourishment through a tube, is a shell of his former self.

Rose wanted the tube removed so her husband could die. Florence wanted it to stay.

Robert’s fate was in the hands of the California Supreme Court.

The California Supreme Court decided that a court-appointed conservator cannot order feeding tubes to be pulled from a conscious yet “incompetent” patient, without that patients own formal instructions.
Conservatorship of the Person of Robert Wendland

See also:
Robert’s Legacy – Conservatorship of Wendland

In Memoriam – Robert Wendland

April 30, 2008
A car accident left Robert Wendland in a coma. Seventeen months later, he came out of the coma, but had been what experts describe as minimally conscious.

Later, Robert Wendland could recognize some people and follow certain instructions, his mother Florence said. His wife Rose said her husband, who gets his nourishment through a tube, is a shell of his former self.

Rose wanted the tube removed so her husband could die. Florence wanted it to stay.

Robert’s fate was in the hands of the California Supreme Court.

The California Supreme Court decided that a court-appointed conservator cannot order feeding tubes to be pulled from a conscious yet “incompetent” patient, without that patients own formal instructions.
Conservatorship of the Person of Robert Wendland

See also:
Robert’s Legacy – Conservatorship of Wendland

>Guardianship Cost $1 Million

April 29, 2008

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In the year since lawyer James Gocker became guardian for incapacitated real estate mogul Max Farash, a team of lawyers, accountants and other professionals has been employed at a cost of more than $1 million.

Now the judge overseeing the Farash case is telling Gocker not to bring in any more help without prior court approval.

In a letter to Gocker’s attorney, acting Supreme Court Justice Edmund A. Calvaruso said all appointments of people who provide services to Gocker must be made by the court.

“The court will make new appointments or ratify existing appointment contracts only if such appointments are both financially responsible and professionally sound.”

For the first six months of Gocker’s guardianship, ending Oct. 31, legal fees and expenses of more than $800,000 and accountant fees of $100,000 were approved by the court. Gocker now is asking the court to approve $360,000 more in attorney fees and $122,000 in accounting fees for Nov. 1 to Jan. 31.

Gocker himself received $241,500 for the period ending Oct. 31, at a rate of $350 an hour. He is asking Calvaruso to authorize a payment of $174,553 for the three months ending Jan. 31.

Source: Farash judge restricts power of guardian

See also: Outrageous Guardianship Fees

Guardianship Cost $1 Million

April 29, 2008
In the year since lawyer James Gocker became guardian for incapacitated real estate mogul Max Farash, a team of lawyers, accountants and other professionals has been employed at a cost of more than $1 million.

Now the judge overseeing the Farash case is telling Gocker not to bring in any more help without prior court approval.

In a letter to Gocker’s attorney, acting Supreme Court Justice Edmund A. Calvaruso said all appointments of people who provide services to Gocker must be made by the court.

“The court will make new appointments or ratify existing appointment contracts only if such appointments are both financially responsible and professionally sound.”

For the first six months of Gocker’s guardianship, ending Oct. 31, legal fees and expenses of more than $800,000 and accountant fees of $100,000 were approved by the court. Gocker now is asking the court to approve $360,000 more in attorney fees and $122,000 in accounting fees for Nov. 1 to Jan. 31.

Gocker himself received $241,500 for the period ending Oct. 31, at a rate of $350 an hour. He is asking Calvaruso to authorize a payment of $174,553 for the three months ending Jan. 31.

Source: Farash judge restricts power of guardian

See also: Outrageous Guardianship Fees

MOSAFE

April 28, 2008

Emmy Award-winning actress Doris Roberts, best known for her role as nosy Marie Barone in TV’s Everybody Loves Raymond, narrates a video about how to stop Adult Financial Exploitation.

Financial exploitation of the elderly and disabled is a crime. It costs millions of dollars nationwide and destroys thousands of Missouri lives. The Missouri Department of Health and Senior Services (DHSS) has launched a program called MOSAFE– Missourians Stopping Adult Financial Exploitation–to combat it. Financial exploitation occurs when someone illegally uses another person’s money or property for profit or gain.

MOSAFE educates financial institutions and you, as a consumer, on how to stop attempted or ongoing financial exploitation before a senior or disabled adult’s funds are depleted.

Source:
Missourians Stopping Adult Financial Exploitation (MOSAFE)

Video:
MOSAFER

Brochure:
MOSAFE Consumer Brochure
Articles:
Financial Exploitation Articles

MOSAFE

April 28, 2008

Emmy Award-winning actress Doris Roberts, best known for her role as nosy Marie Barone in TV’s Everybody Loves Raymond, narrates a video about how to stop Adult Financial Exploitation.

Financial exploitation of the elderly and disabled is a crime. It costs millions of dollars nationwide and destroys thousands of Missouri lives. The Missouri Department of Health and Senior Services (DHSS) has launched a program called MOSAFE– Missourians Stopping Adult Financial Exploitation–to combat it. Financial exploitation occurs when someone illegally uses another person’s money or property for profit or gain.

MOSAFE educates financial institutions and you, as a consumer, on how to stop attempted or ongoing financial exploitation before a senior or disabled adult’s funds are depleted.

Source:
Missourians Stopping Adult Financial Exploitation (MOSAFE)

Video:
MOSAFER

Brochure:
MOSAFE Consumer Brochure
Articles:
Financial Exploitation Articles

MOSAFE

April 28, 2008

Emmy Award-winning actress Doris Roberts, best known for her role as nosy Marie Barone in TV’s Everybody Loves Raymond, narrates a video about how to stop Adult Financial Exploitation.

Financial exploitation of the elderly and disabled is a crime. It costs millions of dollars nationwide and destroys thousands of Missouri lives. The Missouri Department of Health and Senior Services (DHSS) has launched a program called MOSAFE– Missourians Stopping Adult Financial Exploitation–to combat it. Financial exploitation occurs when someone illegally uses another person’s money or property for profit or gain.

MOSAFE educates financial institutions and you, as a consumer, on how to stop attempted or ongoing financial exploitation before a senior or disabled adult’s funds are depleted.

Source:
Missourians Stopping Adult Financial Exploitation (MOSAFE)

Video:
MOSAFER

Brochure:
MOSAFE Consumer Brochure
Articles:
Financial Exploitation Articles

The Tangled Web

April 26, 2008

What a tangled web they weave when first they practice to deceive.

It’s a case built on lies and self-serving hearsay.

It’s a case built on egregious violations of law and our Constitution.

It’s a case overflowing with criminal wrongdoing.

It’s a case built by the perpetuation of one wrong legal decision based on inadmissible evidence.

It’s a case of raping the public trust.

It’s judicial tyranny at its worst.

That is the Terri Schindler-Schiavo case.

Investigative journalist June Maxam, publisher of The North Country Gazette, has written and published over 500 articles relating to the legal, judicial, moral and ethical issues of the Terri Schindler-Schiavo case, the brain damaged Florida woman who was ordered to die by the judicial decree of a Florida probate court judge.

Supported by euthanasia advocates, Michael Schiavo, the conflicted husband in name only, said the handicapped woman wouldn’t want to live by a feeding tube although there was no credible evidence of that. Her parents disagreed and desperately struggled to save her life, to obtain new testing for her, to obtain therapy which her husband had denied, to take her home and care for her.

While he claimed that he loved his wife, Schiavo had one affair after the other, fathering at least two illegitimate children. Money, greed, revenge—an intense hatred of the Schindler family, Terri’s parents and siblings, fueled Schiavo’s drive to end the life of Terri Schiavo.

For 15 years the battle played out in the courts, the Florida Legislature and ultimately Congress and the White House until her death at age 41 on March 31, 2005.

“The Tangled Web: The Schiavo Case”, is a compilation of more than 240 of Maxam’s previously published articles about the Schiavo case, of Maxam’s in-depth analysis of the case and its issues, the Medicare and Medicaid fraud issues, the allegations of domestic abuse, the collusion in the courts, the Legislature, the local, state and federal agencies that failed to protect Terri Schiavo.

Source:
New Book “Tangled Web” Chronicles Schiavo Case

See also:
In Memoriam – Terri Schindler Schiavo

>A Living Probate

April 25, 2008

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Groucho Marx had a will that planned for his loved ones upon his death. But a will cannot offer any protection should a client become disabled. Because of this lack of foresight, the last years of his life were filled with heartbreak, legal battles, and expense.


When Groucho could no longer care for himself –because of his age – his girlfriend, Erin Fleming, asked a probate court to declare Groucho mentally incompetent. This would allow her to be Groucho’s guardian and conservator. As guardian, she would have the power to act as Groucho’s legal parent, controlling his personal life. As conservator, Erin would have the power to handle Groucho’s money.

Erin’s attempt to gain control of Groucho was successful. However, after a few years, Groucho’s relatives became more and more distraught about Erin’s treatment of Groucho, and her ability to use his money for her personal gain. They took Erin to court to have her removed as Groucho’s guardian and conservator.

After several months of one of the most publicized court proceedings in American history, Erin was removed from her position of control. The toll in terms of money and emotional heartbreak was considerable. Among allegations of abuse, attempted murder, and drugs, one point became very clear:

Groucho was the victim of an antiquated legal process, a living probate, that allows disabled Americans to unnecessarily suffer the humiliation and emotional trauma of having their lives subject to a public court proceeding.

A living probate, just like the one Groucho went through, is public in every sense of the word. It is humiliating because all the physical, mental, emotional, and monetary facts about the person are exposed. The facts are readily available to everyone, from morbid curiosity seekers to gold diggers.

Groucho died a few days after the court battle ended.

Source: The Groucho Marx Story

See also:
A Loving Trust – Groucho Marx Story

Think about picking a financial guardian