Victim Profiles

May 2009 – Elder Abuse Prevention Month
Guardianship Abuse Victims Recognized During Elder Abuse Prevention Month

Victim Profiles

May 2009 – Elder Abuse Prevention Month
Guardianship Abuse Victims Recognized During Elder Abuse Prevention Month

>Victim Profiles

>May 2009 – Elder Abuse Prevention Month
Guardianship Abuse Victims Recognized During Elder Abuse Prevention Month

Death Served the Purpose

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

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

>

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

Apathetic Court and Bank System

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

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

>

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

Foreign Guardian

Florida law does not permit appointment of a foreign guardian who is not a family member, yet that’s exactly what North Carolina imposed upon this innocent and defenseless lady. The foreign guardian, appointed without due process by a Superior Court clerk, incarcerated Hazel in a 32-bed facility in Port Charlotte, Florida, without good cause or necessity. The same clerk later refused to hear evidence on her financial abuses. He expressly allowed this stranger to rip Hazel from a loving, stable and stimulating environment with her daughter in Asheville, NC. The relocation was against the advice of Hazel’s court-appointed guardian ad litem, doctors, day care case manager, her sister, her brother, her brother-in-law, another caregiver/friend, and of course, repeated pleas of Hazel’s daughter. Hazel’s daughter even asked to be allowed to care for her mother in Hazel’s own Florida home without any compensation. Her daughter was willing to give up her home and career, so Hazel would not have to go to a facility. Why should Hazel be “warehoused” when she has willing and able family or friends to care for her. The response: “Denied.”

Despite a successful appeal against such order, reversing for “prejudicial error,” the clerk’s office ignored the appeal ruling upon remand, even after the guardian ad litem testified that moving Hazel would be a violation of the guardian’s fiduciary duty, was against the public policies of NC for in-state and non-facility confinement, and was grounds for the guardians’ removal. Hazel’s “institutional confinement” also contravenes the 1999 US Supreme Court case, Olmstead v. L.C., as well as the stated legislative intent in two states and Florida’s statutory prerequisites for facility confinement.

The guardian has total control of Hazel’s estate which was worth $450,000 in January 2006. The guardian testified in December 2006 that Hazel’s assets were worth $300,000-350,000. The clerk made no inquiry about this extraordinary loss of value. The guardian would not let Hazel’s daughter into her mother’s home to retrieve Hazel’s most precious property. So, Hazel’s property (including Florida homestead property with no mortgage) is essentially gone. The guardian hired attorneys in two states to maintain her powers and Hazel’s assets pay them. Hazel does not have a lawyer since the guardian successfully argued to a Florida judge that Hazel is “incompetent” so cannot “hire” one, even if the attorney serves pro bono. Although this guardian consistently acts in conflict of interest with Hazel’s interests, her appointment continues although statute and case law authorizes her “removal.”

The Florida Dept of Children and Family Services (DCF) is aligned with the guardian since the 20th Judicial Circuit Court has “regularly appointed” her for about 18 years. There can be no “elder abuse” if the court authorizes the guardian to act, notwithstanding the lack of meaningful scrutiny. She is under no obligation to maximize Hazel’s resources. This guardian is the president of a corporation (for administering guardianships), even though “appointed” individually, has admitted going to court hundreds of times, and has told Hazel’s daughter that she never loses and the court does whatever she wants.

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