Archive for May, 2009

>Death Served the Purpose

May 31, 2009

>

On Feb 20th, Forest Blackwell, the only child of Jean McKee Blackwell was found dead in his room. Forest was a mentally disabled person who required care. The public fiduciary decided to drop his guardianship despite his need for care. But, they kept Forest’s conservatorship going because when it all comes down to it, the money is the only entity valued in the Pima County Probate court. Until Judge Munger separated him from his mother (Jean), his wife, and his two children — Forest lived a wonderfully stable life under their care.

Ultimately, Jan Bernardini paid for a divorce attorney with Jean Blackwell’s funds. Forest’s two children were left without a loving father who had previously been stabilized within a structured family environment. He was happy in the family environment and offered a lot of love to his wife, children, and mother. His wife lovingly offered the structure that he needed to keep his disease in check and he went without hospitalization for 7 years. This is almost unheard of with schizo-affective disorders.

Jean McKee Blackwell offered both financial support and love as she nurtured this young family. In a fifteen minute hearing, Judge Clark Munger decided without any basis in fact to allow Ms. Bernardini to destroy this family.

There is no public record of the real facts because only Bernardini and her “experts” testimony were allowed. Suffice it to say that a wealthy Jean McKee Blackwell spent a considerable annual sum on animal therapy (horses) for her son that was far more successful and far less expensive than the various therapies that had been offered. Until Judge Munger and Jan Bernardini came on the scene, the program was working well. Clark Munger’s brother, John, was witness to this family as he kept his horse at the same facility where the Blackwell family kept their horses.

After Clark Munger and Jan Bernardini joined to do their deed, the children and their mother fled Tucson to avoid further harassment (they had been thrown out on the street on a 48 hour notice by Judge Clark Munger). Forest stayed in Tucson keeping in regular phone contact with his “ex” wife and kids. He visited his mom weekly — the only family member permitted by Jan Bernardini to do so.

Forest maintained daily contact with his distant family and would relay messages to Jean that they all loved her dearly. She would ask him to say the same back.

Recently, at the invitation of his “ex” wife and kids, Forest decided to move out of town to be with them. He had an airline ticket in hand. He was very excited to be with his children.

Perhaps more important, Forest had decided that he was going to do what he could to make things right. He loved his mom, he loved his kids, and he loved the lady from whom the court had separated him. He made this known!!

Forest’s desire to make things right did not serve the purpose of the court and their representatives in Pima County His death certainly serves the purpose of Jan Bernardini and Clark Munger.

God Bless You Forest !!!!! May your death help bring an end to this travesty. You will be deeply missed!!!!!

Jan Bernardini and Judge Munger

Youth Inspires Others

Pima County Guardianships

Attorney Bernardini and Judge Munger

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

Death Served the Purpose

May 31, 2009
On Feb 20th, Forest Blackwell, the only child of Jean McKee Blackwell was found dead in his room. Forest was a mentally disabled person who required care. The public fiduciary decided to drop his guardianship despite his need for care. But, they kept Forest’s conservatorship going because when it all comes down to it, the money is the only entity valued in the Pima County Probate court. Until Judge Munger separated him from his mother (Jean), his wife, and his two children — Forest lived a wonderfully stable life under their care.

Ultimately, Jan Bernardini paid for a divorce attorney with Jean Blackwell’s funds. Forest’s two children were left without a loving father who had previously been stabilized within a structured family environment. He was happy in the family environment and offered a lot of love to his wife, children, and mother. His wife lovingly offered the structure that he needed to keep his disease in check and he went without hospitalization for 7 years. This is almost unheard of with schizo-affective disorders.

Jean McKee Blackwell offered both financial support and love as she nurtured this young family. In a fifteen minute hearing, Judge Clark Munger decided without any basis in fact to allow Ms. Bernardini to destroy this family.

There is no public record of the real facts because only Bernardini and her “experts” testimony were allowed. Suffice it to say that a wealthy Jean McKee Blackwell spent a considerable annual sum on animal therapy (horses) for her son that was far more successful and far less expensive than the various therapies that had been offered. Until Judge Munger and Jan Bernardini came on the scene, the program was working well. Clark Munger’s brother, John, was witness to this family as he kept his horse at the same facility where the Blackwell family kept their horses.

After Clark Munger and Jan Bernardini joined to do their deed, the children and their mother fled Tucson to avoid further harassment (they had been thrown out on the street on a 48 hour notice by Judge Clark Munger). Forest stayed in Tucson keeping in regular phone contact with his “ex” wife and kids. He visited his mom weekly — the only family member permitted by Jan Bernardini to do so.

Forest maintained daily contact with his distant family and would relay messages to Jean that they all loved her dearly. She would ask him to say the same back.

Recently, at the invitation of his “ex” wife and kids, Forest decided to move out of town to be with them. He had an airline ticket in hand. He was very excited to be with his children.

Perhaps more important, Forest had decided that he was going to do what he could to make things right. He loved his mom, he loved his kids, and he loved the lady from whom the court had separated him. He made this known!!

Forest’s desire to make things right did not serve the purpose of the court and their representatives in Pima County His death certainly serves the purpose of Jan Bernardini and Clark Munger.

God Bless You Forest !!!!! May your death help bring an end to this travesty. You will be deeply missed!!!!!

Jan Bernardini and Judge Munger

Youth Inspires Others

Pima County Guardianships

Attorney Bernardini and Judge Munger

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

Death Served the Purpose

May 31, 2009
On Feb 20th, Forest Blackwell, the only child of Jean McKee Blackwell was found dead in his room. Forest was a mentally disabled person who required care. The public fiduciary decided to drop his guardianship despite his need for care. But, they kept Forest’s conservatorship going because when it all comes down to it, the money is the only entity valued in the Pima County Probate court. Until Judge Munger separated him from his mother (Jean), his wife, and his two children — Forest lived a wonderfully stable life under their care.

Ultimately, Jan Bernardini paid for a divorce attorney with Jean Blackwell’s funds. Forest’s two children were left without a loving father who had previously been stabilized within a structured family environment. He was happy in the family environment and offered a lot of love to his wife, children, and mother. His wife lovingly offered the structure that he needed to keep his disease in check and he went without hospitalization for 7 years. This is almost unheard of with schizo-affective disorders.

Jean McKee Blackwell offered both financial support and love as she nurtured this young family. In a fifteen minute hearing, Judge Clark Munger decided without any basis in fact to allow Ms. Bernardini to destroy this family.

There is no public record of the real facts because only Bernardini and her “experts” testimony were allowed. Suffice it to say that a wealthy Jean McKee Blackwell spent a considerable annual sum on animal therapy (horses) for her son that was far more successful and far less expensive than the various therapies that had been offered. Until Judge Munger and Jan Bernardini came on the scene, the program was working well. Clark Munger’s brother, John, was witness to this family as he kept his horse at the same facility where the Blackwell family kept their horses.

After Clark Munger and Jan Bernardini joined to do their deed, the children and their mother fled Tucson to avoid further harassment (they had been thrown out on the street on a 48 hour notice by Judge Clark Munger). Forest stayed in Tucson keeping in regular phone contact with his “ex” wife and kids. He visited his mom weekly — the only family member permitted by Jan Bernardini to do so.

Forest maintained daily contact with his distant family and would relay messages to Jean that they all loved her dearly. She would ask him to say the same back.

Recently, at the invitation of his “ex” wife and kids, Forest decided to move out of town to be with them. He had an airline ticket in hand. He was very excited to be with his children.

Perhaps more important, Forest had decided that he was going to do what he could to make things right. He loved his mom, he loved his kids, and he loved the lady from whom the court had separated him. He made this known!!

Forest’s desire to make things right did not serve the purpose of the court and their representatives in Pima County His death certainly serves the purpose of Jan Bernardini and Clark Munger.

God Bless You Forest !!!!! May your death help bring an end to this travesty. You will be deeply missed!!!!!

Jan Bernardini and Judge Munger

Youth Inspires Others

Pima County Guardianships

Attorney Bernardini and Judge Munger

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

>Probate Case Continued

May 31, 2009

>

A former Jasper County probate case now among those being probed by the state was the subject of a hearing in the Probate Division of Greene County Circuit Court.

While John Hinnah was a ward of former Jasper County Public Administrator Rita Hunter, more than $7,000 was sent as refunds from his estate to federal and state agencies, according to records.

That was part of the overview offered by Gretchen Long, attorney for Angie Casavecchia, the new Jasper County public administrator, in a status hearing on the case. Carol Aiken, Greene County probate commissioner, continued the case for 90 days to give attorneys time to sort out financial issues.

Aiken: “It sounds like a mess.”

Full Article and Source:
Former local probate case continued in Greene County

See also:
95-Year-Old Fights Back

Probate Case Continued

May 31, 2009
A former Jasper County probate case now among those being probed by the state was the subject of a hearing in the Probate Division of Greene County Circuit Court.

While John Hinnah was a ward of former Jasper County Public Administrator Rita Hunter, more than $7,000 was sent as refunds from his estate to federal and state agencies, according to records.

That was part of the overview offered by Gretchen Long, attorney for Angie Casavecchia, the new Jasper County public administrator, in a status hearing on the case. Carol Aiken, Greene County probate commissioner, continued the case for 90 days to give attorneys time to sort out financial issues.

Aiken: “It sounds like a mess.”

Full Article and Source:
Former local probate case continued in Greene County

See also:
95-Year-Old Fights Back

>Man Beat Up Elderly

May 31, 2009

>

NV – Police are looking for a man they say beat up an elderly victim at a bus stop. The attack happened on May 1, 2009 during rush hour near Sahara and Fort Apache.

The suspect made off with the man’s Social Security money.

Police believe the suspect may be known as Ricky. Anyone with information is asked to call CrimeStoppers at 385-5555.

Source:
Police Hunt Man Who Beat, Robbed Elderly Victim

Man Beat Up Elderly

May 31, 2009
NV – Police are looking for a man they say beat up an elderly victim at a bus stop. The attack happened on May 1, 2009 during rush hour near Sahara and Fort Apache.

The suspect made off with the man’s Social Security money.

Police believe the suspect may be known as Ricky. Anyone with information is asked to call CrimeStoppers at 385-5555.

Source:
Police Hunt Man Who Beat, Robbed Elderly Victim

Man Beat Up Elderly

May 31, 2009
NV – Police are looking for a man they say beat up an elderly victim at a bus stop. The attack happened on May 1, 2009 during rush hour near Sahara and Fort Apache.

The suspect made off with the man’s Social Security money.

Police believe the suspect may be known as Ricky. Anyone with information is asked to call CrimeStoppers at 385-5555.

Source:
Police Hunt Man Who Beat, Robbed Elderly Victim

>Apathetic Court and Bank System

May 30, 2009

>

My Mother and I share the same birthday, October 22, approximately 44 years apart. I was very close to both of my parents. When my father passed away in 1996, he left a sizable estate for my Mother, and for the descendants he specified in his Will and Trust. My mother’s Will and Trust documents are identical to Father’s. Of utmost importance to my Father, was my Mother’s welfare, after his death. He left explicit instructions as to how his estate was to be distributed and protected.

My older sister, Cam (Mueller) Fischer had been disinherited and financially disowned for alleged theft of monies from a family business and tax fraud, officially in 1985. She chose to remove herself, and her children, from the family for almost 20 years; this was a source of great pain for my parents. In 1998 she maneuvered control over our Mother, through a Power of Attorney, that Mother lacked the capacity to execute. Cam sold the family home for below market value and made herself the recipient of the $500,000.00 + proceeds, along with all the personal property she valued. Items such as cars, jewelry, furs, furniture, oriental rugs, paintings, and silver have ‘disappeared’. Also lost are the irreplaceable mementos of lives well lived, such as photographs, family keepsakes, and the heritage passed down from previous generations. Cam currently benefits from the ongoing, annual $70,000.00 + per year Mother receives from Father’s trust; a total of over $630,000.00 to date; plus the $500,000.00 + from the sale of my parent’s home, a very conservative total of $1,130,000.00, that does not include personal property, social security monies, or other investments. In November of 2005, in court documents filed by Cam Fischer, Cam lists Mother’s total assets as $10,000.00. Where is all the money, and how has it been spent?

The co-trustee of Father’s two Trusts, Commerce Bank, continues to fail in the fiduciary duty it has been entrusted with, which is to protect the Trusts, and oversee the appropriate distribution of the Trusts assets’. Commerce had been alerted, as far back as 1998, by Mother’s own attorney, that she was already a victim of ongoing financial duress which she was unable to effectively resist. This abuse of the Trust assets has been allowed by Commerce, despite the overwhelming evidence and documentation that has been presented to the bank. In April of 2006, Commerce authorized $10,000.00 to be paid to Cam Fischer’s attorney, Matt Rossiter, and an additional $2,000.00+ to the Probate Court appointed attorney, Jim Wright, for Cam’s portion of the court fees. These monies were paid in Mother’s name, from Father’s Trust, for the benefit of Cam Fischer. I have asked Commerce, repeatedly, for an accounting of the monies dispersed from my Father’s Trust, into a checking account in Mother’s name; these monies are to be used for her welfare exclusively. They have yet to perform any type of accounting. In 2006, Commerce also assumed sole trusteeship of the Trusts without making any attempt to contact me, the beneficiary of the Trusts. Commerce disclosed that they had been unable to contact Mother for over a year; their attempts to speak with her had been blocked by my sister, Cam Fischer, who controls every aspect of Mother’s life. Cam’s absolute control includes preventing Mother and I from seeing one another. In 2005 I was forced to obtain a court order to “visit” with my mother once a week. Financially, I have been unable to maintain the visitation order. Cam will continue to have the financial ‘upper-hand’ as long as Commerce continues to disregard its fiduciary duty to Mother, Father, and I. I have seen my mother less than a dozen times in approximately nine years.

For 8-9 years, I have been seeking justice for my parents and myself. I have battled an apathetic judicial, probate court, and bank system, that disregard my Mother’s welfare; ignoring the evidence of elder abuse, in all its forms, in particular the financial abuse that has been perpetrated upon her. The attorneys, the bank, and the court system are the profiteers, acting in their best interest to Mother’s detriment. The personal, emotional, and financial cost of this battle has been high. Daily, I fear for my Mother’s welfare. I know she is not living the life she and my father worked and planned for.

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

Apathetic Court and Bank System

May 30, 2009
My Mother and I share the same birthday, October 22, approximately 44 years apart. I was very close to both of my parents. When my father passed away in 1996, he left a sizable estate for my Mother, and for the descendants he specified in his Will and Trust. My mother’s Will and Trust documents are identical to Father’s. Of utmost importance to my Father, was my Mother’s welfare, after his death. He left explicit instructions as to how his estate was to be distributed and protected.

My older sister, Cam (Mueller) Fischer had been disinherited and financially disowned for alleged theft of monies from a family business and tax fraud, officially in 1985. She chose to remove herself, and her children, from the family for almost 20 years; this was a source of great pain for my parents. In 1998 she maneuvered control over our Mother, through a Power of Attorney, that Mother lacked the capacity to execute. Cam sold the family home for below market value and made herself the recipient of the $500,000.00 + proceeds, along with all the personal property she valued. Items such as cars, jewelry, furs, furniture, oriental rugs, paintings, and silver have ‘disappeared’. Also lost are the irreplaceable mementos of lives well lived, such as photographs, family keepsakes, and the heritage passed down from previous generations. Cam currently benefits from the ongoing, annual $70,000.00 + per year Mother receives from Father’s trust; a total of over $630,000.00 to date; plus the $500,000.00 + from the sale of my parent’s home, a very conservative total of $1,130,000.00, that does not include personal property, social security monies, or other investments. In November of 2005, in court documents filed by Cam Fischer, Cam lists Mother’s total assets as $10,000.00. Where is all the money, and how has it been spent?

The co-trustee of Father’s two Trusts, Commerce Bank, continues to fail in the fiduciary duty it has been entrusted with, which is to protect the Trusts, and oversee the appropriate distribution of the Trusts assets’. Commerce had been alerted, as far back as 1998, by Mother’s own attorney, that she was already a victim of ongoing financial duress which she was unable to effectively resist. This abuse of the Trust assets has been allowed by Commerce, despite the overwhelming evidence and documentation that has been presented to the bank. In April of 2006, Commerce authorized $10,000.00 to be paid to Cam Fischer’s attorney, Matt Rossiter, and an additional $2,000.00+ to the Probate Court appointed attorney, Jim Wright, for Cam’s portion of the court fees. These monies were paid in Mother’s name, from Father’s Trust, for the benefit of Cam Fischer. I have asked Commerce, repeatedly, for an accounting of the monies dispersed from my Father’s Trust, into a checking account in Mother’s name; these monies are to be used for her welfare exclusively. They have yet to perform any type of accounting. In 2006, Commerce also assumed sole trusteeship of the Trusts without making any attempt to contact me, the beneficiary of the Trusts. Commerce disclosed that they had been unable to contact Mother for over a year; their attempts to speak with her had been blocked by my sister, Cam Fischer, who controls every aspect of Mother’s life. Cam’s absolute control includes preventing Mother and I from seeing one another. In 2005 I was forced to obtain a court order to “visit” with my mother once a week. Financially, I have been unable to maintain the visitation order. Cam will continue to have the financial ‘upper-hand’ as long as Commerce continues to disregard its fiduciary duty to Mother, Father, and I. I have seen my mother less than a dozen times in approximately nine years.

For 8-9 years, I have been seeking justice for my parents and myself. I have battled an apathetic judicial, probate court, and bank system, that disregard my Mother’s welfare; ignoring the evidence of elder abuse, in all its forms, in particular the financial abuse that has been perpetrated upon her. The attorneys, the bank, and the court system are the profiteers, acting in their best interest to Mother’s detriment. The personal, emotional, and financial cost of this battle has been high. Daily, I fear for my Mother’s welfare. I know she is not living the life she and my father worked and planned for.

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