Archive for the ‘Book’ Category

‘The Adele Chris Act’

December 16, 2011

Read proposed legislation submitted by Marked for Destruction’s author, John Caravella, to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a Model Law” to combat abusive guardianships: The Adele Chris Act

View the May 25, 2010 Subcommittee Hearing

Contact the Committee and voice your support

What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare — a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele’s life was going terribly wrong and dedicate themselves to freeing her from captivity. “Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

Source:
MarkedForDestruction.com


A Free Gift From Adele’s Neighbors – Read ‘Marked for Destruction’ online

"Attorneys Above the Law"

November 14, 2011

How much evidence do you need to see or witness to believe this nation ought to address those with twisted tongues who practice law and corrupt the political landscape then want confidentiality clauses in the end to put a lid on their actions?

When Dennis Schuelke hired a lawyer to recover money stolen by a fraudulent company, he expected justice. What he got was anything but.

Source:
“Attorneys Above the Law”

New Resource Guide for Utahns 55 and Older Helps Dispel the Legal Mysteries of Aging

October 24, 2011

In an effort to help prevent the more than $339 million that is exploited annually from Utah’s elderly, the Department of Human Services has released a new legal guide for Utahns 55 and older.

The publication’s large-print pages attempt to demystify countless legal issues — from grandparent’s rights and estate planning to Medicare and Social Security rules — and also aims to educate older Utahns about other aging issues.

“Utah’s older adults are frequently confronted with complex and confusing legal issues,” said Alan K. Ormsby, executive director of the Utah AARP. “Not knowing where to turn or who to trust adds to the fog.”

He said the guide, titled “Navigating Your Rights: The Utah Legal Guide for Those 55 and Over,” cuts through the confusion and delivers straight-forward answers, and will be “the go-to resource for seniors facing legal questions.”

The book’s 11 chapters, as well as a new website, contain information on dozens of subjects and presents answers to more than 200 legal questions most often asked by seniors and their caregivers.

Symbols are used throughout the book to denote important points, warnings and situations where an attorney might be necessary. Names and contact information for agencies and organizations that can provide additional services are listed at the end of each chapter, as the book’s author, Jilenne Gunther, said “almost no book can be a complete resource.”

Full Article and Source:
New Resource Guide for Utahns 55 and Older Helps Dispel the Legal Mysteries of Aging

See Also:
Utah Department of Human Services

Recommended Program – The Truth: Exploitation Laws Protecting Seniors

September 12, 2011

Vulnerable older adults who live alone without the assistance of a strong social support network may be at greater risk of being exploited. They often look forward to a friendly voice on the telephone or visitor at the door — someone who will spend time listening to them.

Unfortunately, that friendly voice may not have good intentions and can lead to having the elder become the next victim of financial exploitation.

All of us can help prevent fraud and exploitation by reminding elders to be wary of scams and encouraging them to ask for help before a situation escalates.

The good news is that our community has a strong network of professionals and human service providers focusing on offering services and programs to assist older persons and their caregivers. These partners joined together last year to form Lee Elder Abuse Prevention Partnership, which is an elder abuse coalition serving Lee County.

LEAPP will host an informative event at Broadway Palm Dinner Theatre in Fort Myers on Sept. 14. All of us can take action by participating in this upcoming program.

This program entitled “The Truth: Exploitation Laws Protecting Seniors” will be presented by Joe Roubicek, economic crimes detective with Broward County State Attorney’s Office. Detective Roubicek is the author of the book “Financial Abuse of the Elderly: A Detective’s Case Files of Exploitation Crimes,” which serves as a criminal justice educational tool throughout the country.

According to Detective Roubicek, “Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation.” While that seems like a simple definition, he will further explain that the law requires that the “elderly person” be someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired.

In other words, “It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.”

Full Article and Source:
Aging Gracefully – Friendly Voices Frequently Exploit

See Also:
FinancicalExploitationOfTheElderly.com

Detective/Author Joe Roubicek to be Keynote Speaker at Law Conference

August 22, 2011

When:

Friday, August 26,2011

Where: Vail Marriott Mountain Resort

715 West Lionshead Circle

Vail CO 81657

In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.

But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.

This is why exploitation is not fraud and why it can be much more devastating and offensive.

Sources:

Third Annual Elder Law Retreat

Financial Abuse of the Elderly

An Essay: REFUSE COURT EXAMINATION ORDER

August 4, 2011
FREEDOM FROM INTERFERENCE

A judicial hearing to determine the capacity of a person to live free from the influence of others is an adversarial process. One method to determine the incapacity of another begins with a formal petition by a plaintiff to a court of proper jurisdiction. The alleged incapacitated person, the defendant, may have no idea that a plaintiff contemplated such a petition. He or she may have no reason to believe that their personal life is in need of outside control, have not caused the plaintiff any loss, and may not be a threat to their person or a threat to others, or worthy of confinement. In some cases a plaintiff’s motivation is for personal profit; simply to acquire the assets of the alleged incapacitated person for the plaintiff’s personal gain. Similarly, personal profit can motivate others to associate with the plaintiff to help realize success.

● Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered per-trial examination by an examining committee.

Court ordered examinations, and examining committee members, are controlled by statute.

If indicated, the committee’s examination must be comprehensive and include:
1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.

Court ordered comprehensive examinations of such innocent persons’ minds and bodies may be unlawful.

Complete Essay and Source:
Freedom From Interference

About the Author of “Freedom from Interference”, “Marked for Destruction”, and the proposed “Adele/Chris Act”:

John Caravella is a retired police officer. Since his retirement, he volunteers his investigative skills to help others. “That is how Adele came into my life,” Caravella said. “I learned that she was ‘imprisoned’ and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet.”

A crime perpetrated by her Professional LegalGuardian, arranged by an Attorney.

Locked away in an Assisted Living Facility against her will.

Her Diary-based account of Elder Financial Abuse, Estate Bashing,and Fraud.

Learn how Adele’s neighbors rescued her.

See:Marked for Destruction


A gift from Adele’s Neighbors:
Read Marked for Destruction FREE online!


Read proposed legislation submitted to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a “Model Law” to combat abusive guardianships.

Senior Power: The Affordable Care Act

July 23, 2011

The American Version of Health Care for All is the title of a forty-two page OWL publication that senior citizens and boomers should know about and read carefully.

OWL is a membership organization located in Washington, D.C. at 1025 Connecticut Avenue NW, #701, D.C. 20036, with state and local chapters throughout the U.S., including Ohlone/East Bay, Sacramento, San Diego, Placer County and San Francisco, all with websites. In recent years “Older Women’s League” has become a bit of a misnomer on two very positive counts—(1) OWL is The Voice of Midlife and Older Women, and (2) much of what OWL reports and engages in affects positively both women and men.

OWL’s publication, The Affordable Care Act; The American Version of Health Care for All,includes five illustrations by political cartoonist Bulbul. OWL is able to mail a copy to non-members with a suggested contribution of $10 to cover printing and shipping costs. Otherwise, the report is available as a .pdf on national OWL’s website.

Full Article and Source:
Senior Power: The Affordable Care Act (ACA)

See Also:
PDF Version of The Affordable Care Act: America’s Version of Health Care for All

>’The Adele Chris Act’

June 15, 2011

>Read proposed legislation submitted by Marked for Destruction’s author, John Caravella, to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a Model Law” to combat abusive guardianships: The Adele Chris Act

View the May 25, 2010 Subcommittee Hearing

Contact the Committee and voice your support

What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare — a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele’s life was going terribly wrong and dedicate themselves to freeing her from captivity. “Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

Source:
MarkedForDestruction.com


A Free Gift From Adele’s Neighbors – Read ‘Marked for Destruction’ online

>Financial Abuse of the Elderly: A Detective’s Case Files of Exploitation Crimes

June 9, 2011

>I’ve recently finished reading this excellent book describing how the elderly become victims of financial abuse. The author, Joe Roubicek, was a detective in the Fort Lauderdale Police Department for many years, and he investigated over 1000 cases of exploitation of the elderly during that period on the police force. The book describes some of the cases he investigated and discusses the shortcomings of state laws protecting the elderly from financial abuse.

Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer’s memory deficits to ask for grocery money five times in a single day. Fraud occurs when a “false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns.” Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.

Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes.

Full Article and Source:
Elder Champions

See Also:
FinancialAbuseOfTheElderly

>’Marked for Destruction’

June 7, 2011

>A crime perpetrated by her Professional Legal Guardian, arranged by an Attorney.

Locked away in an Assisted Living Facility against her will.

Her Diary of Elder Financial Abuse and Fraud.

Learn how Adele’s neighbors rescued her.

What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare — a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele’s life was going terribly wrong and dedicate themselves to freeing her from captivity. “Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

A gift from Adele’s neighbors: Download a FREE Copy of Marked for Destruction

About The Author:
John Caravella patrolled the streets of the City Of Wauwatosa (Milwaukee County, Wisconsin) from 1976 to 1989. Citizen trust resulted in his clearing arsons, armed robberies, missing fugitives, dozens of burglaries and two homicides. After retiring, he volunteered his investigative skills to help others. “That is how Adele came into my life,” Caravella said. “I learned that she was ‘imprisoned’ and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet.”

Source:
Marked for Destruction