Archive for the ‘Blog’ Category

Recommended Blog: The Myths of Guardianship

September 10, 2013

Joe Roubicek, Author of “Financial Abuse of the Elderly – A Detective’s Case Files of Exploitation Crimes” and a new book in progress, “KILL MOM, KILL DAD; Disposing of the Elderly for Profit” has also started a new Blog, “The Myths of Guardianship.”   

CLICK HERE to join the discussion on “The Myths of Guardianship”

Joe Roubicek has 28 years of first-hand experience investigating exploitation crime. 

CLICK HERE to take advantage of a simple consultation with Joe for only $25

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Nursing Home Reality Blog

August 17, 2013

A visitor to this blog shared the following comment a few days ago. I think her comment speaks directly to the issue of corporate greed and that leads to both the neglect of nursing home residents as well as mistreatment of nursing staff. A nurse wrote:

“At one time I worked in a nursing home that was so understaffed that I dreaded work every day. I provided care to 24 residents at one time (on a unit with a total of 48 residents).

On my shift there were just two CNAs and two nurses for 48 residents.

One time I was forced to work while having the flu and a 102 degree fever. Management told me that I would be fired if I didn’t report to work and they would demand the state revoke my licence for abandonment. It is really sad what happens in these nursing homes.”

Source:
NursingHomeReality

Recommended Blog: FiduciaryWatch

December 1, 2012

FiduciaryWatch.org has filed for nonprofit incorporation, and wishes to promote and support the interests of seniors, disabled adults, minors, and non-disabled minors who are consumers of licensed private fiduciaries, and suffering emotionally, physically, and or financially at the hands of the private fiduciary industry in California and or Nationwide.

This page is a general outline of what we here at fiduciarywatch.org would like to see provided to advocate for the protection of seniors, disabled adults and minors, and non-disabled minors and their families, whom are consumers of the merging industry of the private fiduciary in both California and nationwide. Fiduciarywatch.org welcomes input and participation. Please feel free to explore our blog, send in e-mails, write articles, produce journalistic reporting, journalistic documentaries, u-tube reports, etc., informing us, and the public, about any senior citizen, disabled adult and or minor, non-disabled minor, and their family/families who are being taken advantage by those who earn their livelihood in the new and merging industry of the private fiduciary, estate managers, court appointed guardians, court appointed trustees, probate court investigators, lawyers, and or probate judges.

Source:
Fiduciary Watch

Recommended Blog: Medical Whistleblower

October 19, 2012
Dr. Janet Parker began her advocacy work with an internship at a residential facility that served children with emotional needs. She went on to attain a Masters in Science in Education (Curriculum Development, Supervision and Administration). Dr. Parker was a trained foster parent and worked with foster child advocacy issues. She worked in humane education as Farm Supervisor at the Massachusetts American Society for the Prevention of Cruelty to Animals and worked to help develop animal assisted therapy in conjunction with Dr. Leo Bustad’s Delta Society Program at Washington State University. At WSU, she took graduate study in neuroanatomy and neuropharmacology at the Washington State University School of Veterinary Medicine and then went on to complete a doctorate degree in Veterinary Medicine and the practiced clinical veterinary medicine for 10 years. Now retired, she works as a human rights advocate providing information and advocacy support for others.
 

Source: Medical Whistleblower Blog

Public Servants

August 22, 2012

Legal minds have recognized that the internet is the greatest tool Democracy has provided to individuals for seeking Justice in a Legal System run amuck, and is the new frontier for Freedom of Speech and protection of Individual Liberties.

Know This, that when you exercise Freedom of Speech, you are also held accountable for everything said when exercising this Freedom, and you put your Individual Liberties at risk if you do not constrain your words by fact and rigorous honesty, and do not libel for libel’s sake, unless truth is the absolute defense.

Judges, Attorneys, any Officers of the Court, and including Governors, Legislators, Law Enforcement Agencies, State Militias, and especially any Branch of Federal Government that includes the Legislature, the President and especially The Judiciary, even standing Armed Forces, for all of these bodies are considered entities composed of Public Servants, whose sole purpose is to serve the public by whom they have been Vested with any Authority or Power, and that the Consideration of Individual Liberties is paramount when sitting as a Public Servant, and that our Sovereign Rights as Individuals be kept in the forefront of all Legal Process, especially in consideration of Due Process.

Full Article and Source:
Pauper V Probate – Pledges and Declarations

‘Bringing Dorothy Home’

June 29, 2012

Purpose: to raise awareness of the growing phenomenon of nursing homes bypassing families’ legally established authority in order to seize the assets of their “residents” ~ whether there by choice, or, as in my mother’s case, not. Families can even lose their rights to VISIT their loved ones, as these predators follow their usual procedure of: “Isolate, Medicate, Liquidate.”

I kept my mother out of a nursing home for more than seven years before she went to Wilton Meadows for stroke rehab and was kidnapped by them. We also paid considerably into a “state-wide asset protection plan” ~ a partnership between her LTC insurance carrier [Met Life] and the state, to protect the house. This was paid into for several years, earning “credits” against potential Medicaid claims on the property. Under the Medicaid “Caregiver’s Exception,” I am also entitled to keep the house. And, finally, under her Durable POA I also could have (and should have) transferred everything into my own name. This never would have happened to her if I had done so, to my terrible regret now. I was never in a rush to do that, however, because I never intended to allow my mother to go into a nursing home. It was always my intention to create whatever she needed at home. Had I ever anticipated this turn of events, I would have sold the Roton Point property to pay for the house, and put it into my name, for her protection. But I was preserving her familiar status quo for her sake and simplicity for tax purposes.

Source:
Blog: Bringing Dorothy Home

How to File a CMS Freedom of Information (FOIA) Request

May 17, 2012

Step 1 -In order to make a FOIA request, simply e-mail to: FOIA_Request@cms.hhs.gov or write to the CMS FOIA Office or the appropriate CMS Regional Office. The addresses and fax numbers for the CMS FOIA Office and the addresses, fax numbers, and e-mail addresses for the CMS Regional Offices are available at the “Where to File” link below.

Step 2 -For the quickest possible handling, please mark both your letter and the envelope “Freedom of Information Act Request.” You should identify the records that you seek as specifically as possible in order to increase the likelihood that the CMS will be able to locate them. Any facts that you can furnish about the time, place, authors, events, subjects, and other details of the records will be helpful to us in deciding where to search for the records that you seek.

We have provided several sample FOIA request letters that you may want to use as a guide based on the type of information you are requesting from CMS.

Step 3 -Please note that if you are requesting medical records for someone other than yourself, you will need to complete a Medicare Authorization To Disclose Personal Health Information form along with your request. The Health Insurance Portability and Accountability Act (HIPAA) authorization form can be found in “Downloads” as Medicare Authorization To Disclose Personal Health Information. If the individual signing the valid authorization is not the beneficiary, then a Power of Attorney must be provided along with your request.

Step 4 -If you are requesting medical records for a deceased person, you must either A) include a copy of the document authenticating your authority as the executor, administrator, or other person authorized to act upon the behalf of the person for whom records are sought (such as probate court document, or orders of administration and/or executorship); or B) if you are not the executor of the estate, you must include a signed release authorization from the legal representative of the deceased, as well as the document authenticating the representative’s authority (such as probate court document, or orders of administration and/or executorship).

Source:
ProbateAbuseManual: How to File a CMS FOIA Request

See Also:
Freedom of Information Act (FOIA)

‘Judge Kennedy Should Resign’

May 6, 2012

(Case# 06P-1603) Allows serious felony crimes to continue:

1) False imprisonment (isolate)
2) Aggravated assault (medicate)
3) Conversion of assets (liquidate)

Tacitly participates with lawyers in his court to liquidate ward’s estate in order to enrich the attorneys and to spite me, the petitioner. Ruled that the respondent was incompetent solely to prevent me from withdrawing the petition when my first withdrawal was procedurally deficient (didn’t notarize affidavit of service). Respondent was not incompetenet at that time, and the court didn’t have sufficient evidence that he was.

He jailed me for 330 days for not abiding by his illegal order to shutdown my first website. Illegally ordered me not to use my father’s name or his wife’s name by email or by internet (it was finally overturned).

Source:
Judge Kennedy Should Resign

Abolishing Judicial Immunity

April 12, 2012

I realize that abolishing judicial immunity opens up an entire new “can of worms”, but this must be accomplished.

(I am busy “holding the wolves at bay” in all the various suits, etc. I face as a result of my ill-founded and illegal conservatorship)

When I have more time to consider this topic, I will present to you how we can effectively abolish judicial immunity and control the “tsunami” of law suits that would tend to follow.

Abolishing judicial immunity would have an immediate and definitive impact on judicial conduct, and do more for correcting the now-listing ship of our judiciary than any new form of “COJ” [Court of the Judiciary] could accomplish, though I do believe I’ve offered a substantial proposal of composition for a new governing body that represents Constitutional intent, and we would still need a judicial governing “watch dog” body.

I believe abolishing judicial immunity is consistent with the founding father’s intent [TN Constitution Judicial Election and Selection], and would ultimately stream-line government as well as bring immediate correction, governed by conscience as opposed to rule.

Full Article and Source:
Pauper v Probate: Abolishing Judicial Immunity

TN: Proposed Legislation for Reform in Conservatorship Adjudication

February 16, 2012

[On 1/26/12], I hand delivered a copy of this proposed legislation to Senator Mae Beavers, Chair of the Senate Judiciary Committee, and to Senator Joe Haynes. At a luncheon that was addressing an amendment to the Tennessee Constitution pertaining to the Tennessee Plan, a plan that is utterly unconstitutional, now there is proposed legislation to amend the Constitution to fit the law they’ve been breaking pertaining to judicial selection. Senator Beavers has championed judicial reform and is for judicial election, not selection, which is consistent with the Tennessee Constitution.

A miracle occurred when Senator Beavers addressed the issue of Conservatorships and the complaints that have come across her desk addressing the abuse of this Conservatorship Code.

The fundamental problem lies in the venue where this law is adjudicated, the Probate Court. A law of preservation adjudicated in a court of liquidation. The Probate Court is the venue where the deceased’s estate is liquidated and divided amongst the heirs, yet this same court has been vested with the authority to adjudicate a law protecting the assets of the incompetent. It’s an utter contradiction in jurisprudence.

Please read and consider this legislation. It’s a reasonable and logical proposal. The probate court is the wrong venue and there are inherent conflicts of interest with this law being adjudicated in the probate court.

I’m calling on each and every one of you to do your part to effect change. Not often does a legislation like this require from a moral imperative. We don’t all have the responsibility to stand up and choose sides over every issue that comes down the pike, but we all have a moral responsibility to stand up for those that cannot stand up for themselves, and there are countless legions of elderly victims, locked away and silenced while there estates are looted before they are in the grave. This is the moral imperative and I challenge you all to make the calls, write the letters, send the emails and let your voices be heard.

“All power is inherent with the people…” (TN Constitution)

Now is the time to remind our public servants who possesses the power. ”We, the people…”, that’s who. And in this important moral issue, we must all take a stand to protect those who cannot protect themselves. The adjudication of this law must be removed from the probate court and put in a venue where its intent can be faithfully effected.

Full Article and Source:
Pauper v. Probate: Proposed Legislation for Reform in Conservatorship Adjudication