Archive for November, 2008

Puppet Child

November 18, 2008
A stunning family legal drama about a brave mother who defies the court to save her daughter from its “justice.”

Rachel Belmore is a poised, determined, yet vulnerable advertising executive fighting to bar her charming former husband, Dr. Wesley Belmore, from molesting their five-year-old daughter, Ellie. Caught in a nightmarish justice system, Rachel’s odyssey takes a turn for the worse when she loses her battle in the court of Judge McGillian. The judge, a gregarious man who believes that he applies the law without prejudice, is nevertheless trapped in his biases, which throw him into the eye of a media storm.

His young, easy-going law clerk, Phil Crawford, hides a dark secret as he sets out on a mission to change the fate of children betrayed by the justice system. The compassionate Phil forces his way into Rachel’s plight, but fails to dissuade the Judge from his harsh viewing of her case.

To save Ellie, Rachel must take the law into her hands and suffer the consequences.

Against the backdrop of media frenzy, corporate indifference, political corruption, family treachery, terrorism and judicial callousness, the story unfolds in blazingly sure-penned prose to reveal loyalty, the kindness of strangers, devotion, passion, and friendship. In a riveting tale of surprising twists, Puppet Child is a moving tribute to a mother who remains dignified, honest and loving as she changes the rules.

Talia Carner – Puppet Child

Puppet Child

November 18, 2008
A stunning family legal drama about a brave mother who defies the court to save her daughter from its “justice.”

Rachel Belmore is a poised, determined, yet vulnerable advertising executive fighting to bar her charming former husband, Dr. Wesley Belmore, from molesting their five-year-old daughter, Ellie. Caught in a nightmarish justice system, Rachel’s odyssey takes a turn for the worse when she loses her battle in the court of Judge McGillian. The judge, a gregarious man who believes that he applies the law without prejudice, is nevertheless trapped in his biases, which throw him into the eye of a media storm.

His young, easy-going law clerk, Phil Crawford, hides a dark secret as he sets out on a mission to change the fate of children betrayed by the justice system. The compassionate Phil forces his way into Rachel’s plight, but fails to dissuade the Judge from his harsh viewing of her case.

To save Ellie, Rachel must take the law into her hands and suffer the consequences.

Against the backdrop of media frenzy, corporate indifference, political corruption, family treachery, terrorism and judicial callousness, the story unfolds in blazingly sure-penned prose to reveal loyalty, the kindness of strangers, devotion, passion, and friendship. In a riveting tale of surprising twists, Puppet Child is a moving tribute to a mother who remains dignified, honest and loving as she changes the rules.

Talia Carner – Puppet Child

>Amused APS Worker

November 18, 2008

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APS Worker:
I’m an APS worker, and I was very amused by your site.

I know that, where I work, guardianship is the very last option looked at, and it’s very difficult to secure, usually requiring medical and psychological tests performed by professionals. We seek guardianship when a client is in dire need of protection; we do not seek to control the lives of those who are able to provide for themselves. Predators? Nazis? Please.

Would you rather we didn’t exist so that real predators could just have their way with the elderly and disabled?

Guardianship Abuse Victim, NASGA Member:
The fact that you are “amused” by the NASGA web site is perhaps an indication of the way elderly and disabled people are treated by APS and other official agencies.

You must have no idea of the pain and anguish, both mental and physical, that “wards” and their families endure, or you would never speak with such a condescending attitude. Your opinion of someone else’s “dire need of protection” and that person and or family members opinion may be at opposite ends of the spectrum. The fact that you work for APS does not make your OPINION the correct one.

The “medical and psychological tests performed by professionals” are often very superficial, often do not take into consideration extenuating circumstances, and may be influenced by the desired result of the person (often wealthy) being put under guardianship for the purposes of estate looting. Maybe YOUR office does not do the terrible things you read about on the NASGA web site, but the members of NASGA will all vouch for the fact that others do. We would be very happy if there was no reason for NASGA to exist, but unfortunately there is, and it does.

Just what do you mean by “the real predators”? Many of the “real predators” are lawyers and court appointed guardians, fattening their coffers on the estates of their “wards”. Our family’s own experience cost over $300,000 in needless legal fees and court costs. The cost to us for my parents being separated for their 50th wedding anniversary, Dad’s 80th birthday, and numerous family events and holidays can never be calculated- the time we lost is, as they say in the ad, “priceless”. All thanks to a guardianship system that puts more value on the greed of lawyers and “professional opinions” than the right of a loving family to be together.

Any time you would like to debate the merits of guardianship, please let NASGA know. We would be more than happy to engage in a meaningful discussion, but please realize that there are real people, and very real pain behind the stories that amuse you.

Amused APS Worker

November 18, 2008
APS Worker:
I’m an APS worker, and I was very amused by your site.

I know that, where I work, guardianship is the very last option looked at, and it’s very difficult to secure, usually requiring medical and psychological tests performed by professionals. We seek guardianship when a client is in dire need of protection; we do not seek to control the lives of those who are able to provide for themselves. Predators? Nazis? Please.

Would you rather we didn’t exist so that real predators could just have their way with the elderly and disabled?

Guardianship Abuse Victim, NASGA Member:
The fact that you are “amused” by the NASGA web site is perhaps an indication of the way elderly and disabled people are treated by APS and other official agencies.

You must have no idea of the pain and anguish, both mental and physical, that “wards” and their families endure, or you would never speak with such a condescending attitude. Your opinion of someone else’s “dire need of protection” and that person and or family members opinion may be at opposite ends of the spectrum. The fact that you work for APS does not make your OPINION the correct one.

The “medical and psychological tests performed by professionals” are often very superficial, often do not take into consideration extenuating circumstances, and may be influenced by the desired result of the person (often wealthy) being put under guardianship for the purposes of estate looting. Maybe YOUR office does not do the terrible things you read about on the NASGA web site, but the members of NASGA will all vouch for the fact that others do. We would be very happy if there was no reason for NASGA to exist, but unfortunately there is, and it does.

Just what do you mean by “the real predators”? Many of the “real predators” are lawyers and court appointed guardians, fattening their coffers on the estates of their “wards”. Our family’s own experience cost over $300,000 in needless legal fees and court costs. The cost to us for my parents being separated for their 50th wedding anniversary, Dad’s 80th birthday, and numerous family events and holidays can never be calculated- the time we lost is, as they say in the ad, “priceless”. All thanks to a guardianship system that puts more value on the greed of lawyers and “professional opinions” than the right of a loving family to be together.

Any time you would like to debate the merits of guardianship, please let NASGA know. We would be more than happy to engage in a meaningful discussion, but please realize that there are real people, and very real pain behind the stories that amuse you.

>Preventing Forced Mandatory Arbitration

November 17, 2008

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S. 2838, the Fairness in Nursing Home Arbitration Act of 2008, is aimed at preventing nursing homes from forcing new patients to sign contracts agreeing to mandatory arbitration in the event of any disputes.

The legislation, introduced in April by Senator Herb Kohl (D-WI) and Senator Mel Martinez (R-FL), is a narrowly targeted measure that would protect nursing home residents, one of our nation’s most vulnerable populations, from losing the right to hold long-term care facilities accountable in court for negligent and abusive care.

Currently, many facilities require residents or their responsible family members to sign contracts that include pre-dispute mandatory arbitration agreements, meaning that any dispute between the resident and the facility will automatically be subject to arbitration.

By agreeing to the contract before a dispute ever arises, they are unwittingly signing away their constitutional right to have their case heard by an impartial judge or jury.

Additionally, arbitration agreements require that all parts of the legal process remain confidential. As a result, long-term care facilities are often not held publicly accountable for their substandard care.

Following is a list of those who testified. Click the names to read their presentations.

David Kurth, Burlington, WI
Alison Hirschel, President, National Citizen’s Coalition for Nursing Home Reform, East Lansing, MI
Kelley C. Rice-Schild, CNHA, Executive Director, Floridean Nursing and Rehabilitation Center, Miami, FL
Ken Connor, Esq., Wilkes and McHugh, PA, Washington, DC
Stephen J. Ware, Professor of Law, University of Kansas

Full Article and Source:
Bill to Stop Nursing Homes from Forcing Mandatory Arbitration Gets Senate Hearing

See also:
Nursing Home Arbitration Bill Approaches Senate Markup

Panel hears nursing home bill testimony

A Right-to-Lifer and the GOP’s Nursing Home Dilemma

Gov Track: S. 2838: Fairness in Nursing Home Arbitration Act

Preventing Forced Mandatory Arbitration

November 17, 2008
S. 2838, the Fairness in Nursing Home Arbitration Act of 2008, is aimed at preventing nursing homes from forcing new patients to sign contracts agreeing to mandatory arbitration in the event of any disputes.

The legislation, introduced in April by Senator Herb Kohl (D-WI) and Senator Mel Martinez (R-FL), is a narrowly targeted measure that would protect nursing home residents, one of our nation’s most vulnerable populations, from losing the right to hold long-term care facilities accountable in court for negligent and abusive care.

Currently, many facilities require residents or their responsible family members to sign contracts that include pre-dispute mandatory arbitration agreements, meaning that any dispute between the resident and the facility will automatically be subject to arbitration.

By agreeing to the contract before a dispute ever arises, they are unwittingly signing away their constitutional right to have their case heard by an impartial judge or jury.

Additionally, arbitration agreements require that all parts of the legal process remain confidential. As a result, long-term care facilities are often not held publicly accountable for their substandard care.

Following is a list of those who testified. Click the names to read their presentations.

David Kurth, Burlington, WI
Alison Hirschel, President, National Citizen’s Coalition for Nursing Home Reform, East Lansing, MI
Kelley C. Rice-Schild, CNHA, Executive Director, Floridean Nursing and Rehabilitation Center, Miami, FL
Ken Connor, Esq., Wilkes and McHugh, PA, Washington, DC
Stephen J. Ware, Professor of Law, University of Kansas

Full Article and Source:
Bill to Stop Nursing Homes from Forcing Mandatory Arbitration Gets Senate Hearing

See also:
Nursing Home Arbitration Bill Approaches Senate Markup

Panel hears nursing home bill testimony

A Right-to-Lifer and the GOP’s Nursing Home Dilemma

Gov Track: S. 2838: Fairness in Nursing Home Arbitration Act

Preventing Forced Mandatory Arbitration

November 17, 2008
S. 2838, the Fairness in Nursing Home Arbitration Act of 2008, is aimed at preventing nursing homes from forcing new patients to sign contracts agreeing to mandatory arbitration in the event of any disputes.

The legislation, introduced in April by Senator Herb Kohl (D-WI) and Senator Mel Martinez (R-FL), is a narrowly targeted measure that would protect nursing home residents, one of our nation’s most vulnerable populations, from losing the right to hold long-term care facilities accountable in court for negligent and abusive care.

Currently, many facilities require residents or their responsible family members to sign contracts that include pre-dispute mandatory arbitration agreements, meaning that any dispute between the resident and the facility will automatically be subject to arbitration.

By agreeing to the contract before a dispute ever arises, they are unwittingly signing away their constitutional right to have their case heard by an impartial judge or jury.

Additionally, arbitration agreements require that all parts of the legal process remain confidential. As a result, long-term care facilities are often not held publicly accountable for their substandard care.

Following is a list of those who testified. Click the names to read their presentations.

David Kurth, Burlington, WI
Alison Hirschel, President, National Citizen’s Coalition for Nursing Home Reform, East Lansing, MI
Kelley C. Rice-Schild, CNHA, Executive Director, Floridean Nursing and Rehabilitation Center, Miami, FL
Ken Connor, Esq., Wilkes and McHugh, PA, Washington, DC
Stephen J. Ware, Professor of Law, University of Kansas

Full Article and Source:
Bill to Stop Nursing Homes from Forcing Mandatory Arbitration Gets Senate Hearing

See also:
Nursing Home Arbitration Bill Approaches Senate Markup

Panel hears nursing home bill testimony

A Right-to-Lifer and the GOP’s Nursing Home Dilemma

Gov Track: S. 2838: Fairness in Nursing Home Arbitration Act

>Adult Children vs Second Wife

November 17, 2008

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Claude Thomas married Susana Martinez Ramirez in 2001, but he kept it hidden from his adult children for at least two years.

When they finally found out, they were shocked. That shock turned to anger when his four children realized that most of his estate – and their inheritance – had vanished.

Now the children are asking an Ellis County family court judge to divorce the 45-year-old Mrs. Thomas from their 87-year-old father and award custody of the ailing man to one of his sons.

Mrs. Thomas’ attorney said his client is entitled to Mr. Thomas’ money because they’re married. But his children say she is taking advantage of Mr. Thomas, spending his money on her own children and their father, Santiago Diaz.

At issue for the court is what’s best for Mr. Thomas and whether he’s capable of making his own decisions.

Mr. Thomas’ children said they will fight to protect the family legacy. They estimate their father’s estate was valued at as much as $1.5 million. It’s now estimated at $165,000, according to court documents.

While Mr. Thomas’ future is the subject of the guardianship case, the money is the chief issue in a separate civil case filed by the children against Mrs. Thomas. The initial court hearings in that case are pending.

Full Article and Source:
Adult children ask judge to divorce their father from his second wife

Adult Children vs Second Wife

November 17, 2008
Claude Thomas married Susana Martinez Ramirez in 2001, but he kept it hidden from his adult children for at least two years.

When they finally found out, they were shocked. That shock turned to anger when his four children realized that most of his estate – and their inheritance – had vanished.

Now the children are asking an Ellis County family court judge to divorce the 45-year-old Mrs. Thomas from their 87-year-old father and award custody of the ailing man to one of his sons.

Mrs. Thomas’ attorney said his client is entitled to Mr. Thomas’ money because they’re married. But his children say she is taking advantage of Mr. Thomas, spending his money on her own children and their father, Santiago Diaz.

At issue for the court is what’s best for Mr. Thomas and whether he’s capable of making his own decisions.

Mr. Thomas’ children said they will fight to protect the family legacy. They estimate their father’s estate was valued at as much as $1.5 million. It’s now estimated at $165,000, according to court documents.

While Mr. Thomas’ future is the subject of the guardianship case, the money is the chief issue in a separate civil case filed by the children against Mrs. Thomas. The initial court hearings in that case are pending.

Full Article and Source:
Adult children ask judge to divorce their father from his second wife

>Clara’s Nightmare

November 15, 2008

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See also:
In The Matter Of The Guardianship Of Clara Marsh


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