Archive for the ‘guardianship’ Category

Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

December 31, 2012

Bobby Schindler, brother of the late Terri Schiavo, has filed a petition in the New York Supreme CourtChemung County asking guardianship of Gary Harvey be turned over to him. How can the County refuse to resign or disagree with the petition? How could they dare say this guardianship transfer would not be in the best interest of Gary Harvey? Legitimately, they can’t.

Should the County fight Bobby Schindler’s effort, then the County (and those involved in the case on their side), shall have been proven to have lied to the court and the community. The County claimed it did not want to be Gary’s guardian, but there was no one else. Now there is. So, if they fight to retain guardianship, that means there is an ulterior motive for doing so. After all, just why would they fight so desperately to retain a ward they didn’t want in the first place or thereafter; have warehoused; and, seem to think is bothersome and time consuming in the isolation and hide the information (from his wife) health care plan they have prepared for him?

Bobby Schindler has an impeccable reputation. He is knowledgeable about TBI (traumatic brain injury). He has first-hand experience in dealing with a family member suffering from TBI. He is compassionate and caring. He is hopeful and realistic. Just what part of all that he is, could the County honestly say is not good enough to be guardian of Gary Harvey? Can we say – none?

Full Article and Source:
Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

See Also:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

December 28, 2012
Sara & Gary Harvey

How long has it been since Gary Harvey fell down those basement stairs? Some days it seems as though it was only yesterday, but it wasn’t. It was January 21, 2006. It has been nearly seven years and little has changed, since the county took over and began their reign of merciless dictatorship.

Oh, Gary & Sara Harvey have gotten seven years older and he is no longer in the nursing home, but a ward connected to St. Joseph Hospital. Only his location has changed, as the desperate and uncalled for battle goes on with the power hungry feeding upon, demeaning, and controlling this husband and wife.

On December 10, 2010, I wrote:

Amazing! I can actually recycle my article as if it was current and remaining accurate. How often does that happen?

Here it is the holiday season of 2010 and Sara Harvey gets a letter from Bryan Maggs, Chemung County Attorney, stating that her visitations with Gary are suspended immediately. Isn’€™t that the same gift they offered last year? I’€™m so impressed with the repeat gift and the timing –” NOT! (Wife’€™s Visitation in Jeopardy: The Recycling of Gary Harvey’€™s Holiday Restrictions)  

Would anyone be surprised to learn that Sara didn’t get to visit Gary on Christmas Day 2012?

It isn’t often that one can continue to recycle articles and pretty much be assured that there is going to be some excuse… some mistake… some problem raising it’s ugly little head and taking away anything that could be considered special for Gary and Sara, especially during this special holiday season. It isn’t often, unless the articles happen to involve Gary and Sara Harvey, Chemung County and St. Joseph Hospital.

Anyone see a pattern?

Where has Kevin Moshier been? Silent once again?

Guardianships are like adoptions in that it is the obligation of the guardian to look out for the ward he has been put in charge of. Unlike adoptions, the guardian is supposed to act on behalf of the ward and make decisions as the ward would make for self if capable. And then there is the attorney to insure the rights of the ward. So, where has Kevin Moshier (the appointed attorney) been when Gary Harvey’€™s wishes have been trampled upon?

 As I reported in the past, “€œGary Harvey is the brain injured man from New York, who seems to have his own private “€œdeath panel”€ determined to kill him off and to make his and his wife’€™s life as miserable as possible, ‘until the sentence is carried out. One might think it could get no worse than it has been. One should never think such thoughts, lest one (or more) be shown that –€” for however bad –” things can actually get worse!  

Just where was Kevin Moshier, the attorney who should be representing Gary against any wrongs, when the so-called ethic’€™s committee wanted to put Gary down by starving and dehydrating him to death? Did he stand strong and ask what these people were thinking and why they would even consider such a thing? 

When they put the DNR on Gary, did Kevin Moshier demand they lift it?  

When Sara Harvey’€™s visits with her husband were restricted, did Kevin Moshier step up to the plate and say, “€œI don’€™t think so. This is not what Gary would want. This is not in Gary’€™s best interest. Gary has a right to have time with his wife.”€ Did he? Of course he didn’€™t.  

Sara is a danger to Gary? I didn’€™t even go to law school and I can see that the case against Sara is trumped up and so full of holes that even a pre-med student could dissect it in a few moments. But Kevin Moshier couldn’€™t or can’€™t?  

Even more amazing is the fact that it was the guardian & pals that tried to kill off Gary, with Moshier quietly hanging out, though it was Sara who was, and has been, labeled the danger. (I have trouble getting my reality oriented thoughts around that one.)

What about the press conference where information was given about Gary Harvey’€™s case that should not have been given? Information that I believe was to turn people on Gary. Did Kevin Moshier do anything about that? Did he file on those responsible? ~ (August 5, 2011) The Silence of Kevin Moshier

Gary’s life is in the hands of these county vultures. Yes, the very group of people who attempted to have their ward starved and dehydrated to death, claiming he was terminally ill. Oh, but it is Sara that they treat and report as the threat? The irony is beyond belief. However, these people have not fooled everyone, nor have they covered their tracks as well as perhaps they think. The day will come when they answer to the one they can hide nothing from. It will be a day their cold hearts shall be placed in judgment and every cruel thought and action shall be reviewed.

Gary Harvey does not need to be under the guardianship of the County. He is their ward due to half-truths, non-truths, attorneys backing out at the last minute, attorneys not doing the job but taking the money and things such as that. They think we don’t know all this, but many of us do.

Full Article and Source:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

See Also:
Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Justice for Jenny

October 29, 2012

Justice for Jenny

See Also:
Petition: Justice for Jenny

Sister of ex-John Doe seeks to undo his guardianship, claims he was kidnapped

October 21, 2012

The sister of a man known as John D108 Doe for more than four years filed paperwork in Wayne County Probate Court seeking to terminate or modify his guardianship, claiming her brother had been kidnapped.

Maurice Williams — who was identified Monday after the Free Press ran a story on him — has not yet been reunited with any family members. But his sister Janine Williams filed a petition Wednesday to change guardianship.

“My brother was kidnapped,” she said in the filing. “My family has been searching four years for my brother.”

His court-appointed guardian said Thursday the allegation is unfounded and untrue. Williams, 46, who is severely developmentally disabled, has been living in a group home in Detroit since 2008.
“We don’t solicit clients,” said Kathleen White-Montgomery, his legal guardian and owner of Guardianship Service. “They come through a bigger agency that needs help with a client.”

Full Article and Source:
Sister of ex-John Doe seeks to undo his guardianship, claims he was kidnapped

See Also:
Man has lived as John Doe for years, but now his guardian wants mystery solved

Man has lived as John Doe for years, but now his guardian wants mystery solved

October 20, 2012


His real name isn’t known. For years now, he simply has been identified as John D108 Doe.

Those caring for him don’t know his age. Or whether he has family. They don’t know whether he was abandoned or whether anyone is searching for him. It’s not even clear when he went from a man with an identity to someone who no one knows.

Court records show it has been at least four years since the man was found wandering the streets and knocking on doors. But stories passed down to those caring for him indicate it may be closer to eight years ago when he was first found on Detroit’s east side.

Police ran his fingerprints and didn’t get any hits.

He can’t speak beyond a few words. He has been diagnosed with severe mental illness and has lived in a group home in Detroit since 2008. Now, his new guardian and her daughter want the mystery of John D108 Doe solved.

Full Article and Source:
Man has lived as John Doe for years, but now his guardian wants mystery solved

Mary Sudovar: An Unsuspecting Victim?

October 16, 2012

Life sometimes has unexpected turns that take us to situations we never supposed possibly to become our own. It could never happen to us…not us. I’m sure that is what Mary Sudovar once thought. Never her or her family, she might have thought, if ever a negative consideration crossed this special woman’s mind in the first place. So how did it come to be that the children she so loves are now at odds and the court system is involved?

Thirty-three months ago, Mary had an estate that should have kept her comfortable for her remaining years. She had funds and she had property. Now her money is allegedly gone, her house is sold and the alleged attorney in fact is requesting the court to allow him to take the house sale money as a repayment for a loan he and his wife supposedly made to his mother. So where does that leave the 102 year old Mary Sudovar?

Some might try to argue that Mary is not a victim. I’m not sure what the argument might be. After all, what does one call it when family runs through that much money in that short of a time? And what happens now? Does Mary stay on with family for free? Will there be no more additional charges? If it can be done now, why not before? But what about the private nursing personnel? Who will be picking up the tab for that? Or, will that service end? Will Mary stay or will she go?

Full Article and Source:
Mary Sudovar: An Unsuspecting Victim?
See Also: Mary Sudovar: The Children at War

What ‘IF’: Perceptions & Weapons

October 10, 2012

Dana turned, pushed past a young employee, and walked back into the clothing store all bristled and ready for a fight. How dare that middle age woman challenge her honesty?

Approaching the counter, Dana began telling the surprised woman just what she thought of her and it wasn’t too awfully nice. She suggested she get new glasses and that she better know what she was talking about before accusing her of anything. Just who did she think she was? She was nothing but a low-life clerk that couldn’t get a better job if it was handed to her.

Another woman rushed over and tried to indicate she thought there must be a problem. Dana rudely and fiercely shook her finger at the target of her fury. “That woman. That woman dared to accuse me of stealing.”

“What?” The intercepting woman exclaimed? “You think she accused you of stealing? You misunderstood.”

“No, I didn’t,” the red-faced young woman continued to scream. “Don’t try to protect this stupid, irrelevant change collector.”

The mediator abruptly stepped back and eyed Dana with disgust. “That’s enough. It’s time you leave.”

Still lost in her fury, she exclaimed, “Me leave? I’m the customer. She better not be here when I come back.”

“I don’t think you understand. You are no longer welcome here. Do not come back.”

“What? You’re taking her side over mine? I’m the customer and she is nobody and this ignorant nobody accused me of stealing.” Dana continued screaming and pointing her finger at the focus of her anger. “And don’t try to defend her. She said I was the one that had the blouse.”

“The woman you are so rudely and wrongly insulting, happens to be the owner of this and many other stores. Secondly, if you had paid attention, you would have noticed that we have a promotion going on. The first person to try on a particular blouse was to be the winner of $500 merchandise and dinner out. You were that winner. She was indicating you were the one that won.” The impatient manager responded. “If you had paid attention to what was going on around you and listened to what was actually said, we would all be celebrating your win. Instead, you reacted inappropriately based upon a false perception. Worse, you refused to listen when I tried to clarify and instead went on reacting to what you wrongly thought happened at the hands of this lady you viciously attacked with your false accusations and wrongful insults.”

The incident above is a composite of things I have seen in life and meant merely as an example to make a point. People do tend to react to what they think they know… what they think they saw… what they think they heard… rather than what actually transpired. They just don’t always make it so obvious and they don’t always get called on it. Sometimes, it is a pack thing, with everyone responding to the same incorrect belief. It’s never right and it is never good.

I’ve often written about the Sara and Gary Harvey case. It’s an ongoing saga that has its ups and downs as to the intensity of wrong that is transpiring and it always leaves me feeling like the woman who rushed over and kept trying to explain there was a misunderstanding and that the reaction has been to a false perception, rather than to what was actually taking place. You see, like Dana, those who should be slowing down and taking a good look at what is going on — seem too busy reacting to a wrongful perception and closing all else out. Some simply will not listen. Some simply will not consider they made a mistake. Some simply seem to feel the woman behind the counter is a nobody that freely deserves all their anger and insults. Sometimes though, the nobodies aren’t the bad guys they are assumed to be. Sometimes they are, instead, actually somebodies who were merely trying to do something good for someone else and that good got misunderstood and blown out of portion and into a rage that never should have been. Sometimes those nobodies, that are actually somebodies, are people like Sara Harvey, who were wrongly labeled by someone like our story’s Dana. The difference is… in our story… someone was there to defend and clarify. In actual life, those wrongful labels sometimes never get shaken and too often all (or most) things to follow are reactions to those inaccurate perceptions that continue to define all that happens.

Full Article and Source:
What ‘IF’: Perceptions & Weapons

Judge says Minnesota man with guardian can vote

October 6, 2012

A Hennepin County judge on Thursday ruled that a man under guardianship may vote, saying the Minnesota Constitution’s removal of voting rights from people with guardians violates the U.S. Constitution.

Judge Jay Quam’s order is a victory for Brian W. Erickson, who suffers from schizophrenia and is under guardianship but remains high-functioning. It’s the second court ruling in the past two months that affirms voting rights among people who have court-appointed decision-makers.

An attorney for Erickson’s guardian this year challenged Article VII of the state Constitution that bans a number of classes of people from voting, including those “under guardianship.” That article contradicts language in state statutes that guarantees wards’ right to vote unless it’s taken away by a judge.

An estimated 22,000 Minnesotans have guardians because of advanced dementia, mental illness and other disabilities. In a 26-page order, Quam ruled that the language in the Minnesota Constitution is too broad.

Full Article and Source:
Judge says Minnesota man with guardian can vote

Mary Sudovar: The Children at War

October 5, 2012

Born in the early 20th Century, Mary has lived through a major depression, two World Wars, Korean War, Cold War, Bay of Pigs, Vietnam, Desert Storm, and war in Afghanistan, but most likely none of these prepared her for the war between her children. Children that she had cuddled lovingly to her breast. Children she saw as precious gifts to be loved unconditionally & protected with all the energy and might of her heart and soul. Children she laughed with and cried with, while always delighting in the tiniest of accomplishments of each.
 
The years from the first time Mary saw her wee ones to now have been many. Not all have been delightful. Some have been touched with sadness and desperation. One can only wonder just how much Mary knows about the war between her children and what her response would be, if she were actually aware of the entirety of what has taken place. Perhaps, for her, it is better that she not know, but for the wounded — there may be no return from the brink of hell that denies one child the ready comfort of a mother’s arms and elevates the others to a perch of temporary control they shall never be able to undo or be free of. The dark cloak of decisions made shall forever be theirs to haunt them in the night as they perhaps wonder if their decisions were made in good faith and for good cause or if they denied their mother her child for wrongful reason.

Full Article and Source:
Mary Sudovar: The Children at War

Former Okla. DHS worker charged with wire fraud

September 22, 2012
 
OKLAHOMA CITY (AP) — A former Oklahoma Department of Human Services worker faces federal wire fraud charges after allegedly bilking a Bethany nursing home resident out of more than $27,000 in disability payments.
 
Katharine A. Daugherty, a former DHS adult protective services specialist, has agreed to a plea deal with federal prosecutors in which she will plead guilty to the charges and make restitution payments, her attorney Irven Box said.
 
“She has accepted responsibility for what she did and acknowledged that what she did was wrong,” Box said.
 
Daugherty is expected to enter a guilty plea at a hearing Wednesday in U.S. District Court for the Western District of Oklahoma. She will also forfeit her state pension as part of the guilty plea.
 
According to the charges, Daugherty had guardianship over a man identified only as “L.J.A.” in court documents. The man was a former Federal Aviation Administration employee who received monthly disability payments from the U.S. Department for Labor for an on-the-job injury sustained in 1976.

Full Article and Source:
Former Okla. DHS worker charged with wire fraud

See Also:
Former Oklahoma DHS Worker Charged With Mail Fraud