Archive for the ‘International’ Category

Guardianship Abuse is a Global Problem, Says Denise Brailey of the BFCSA Australia

November 8, 2013

Denise Brailey and The Banking & Finance Consumers Support Association (BFCSA) is an organization that everyone should be watching, as in the American Revolution of Independence, Denise will soon be firing “The Shot that will be Heard Around the World”.

But this time it won’t be from 13 rouge colony’s of the Crown, this shot will be fired from Australia and have ramifications Worldwide as she aims directly at the heart of Global Financial Cartels that have used there power to Corrupt our Politicians and have destroyed the lives of so many Worldwide.

To say Denise Brailey is a remarkable women would be an understatement and she has managed to strike fear into the heart of the beast, exposing the Global Banking System for what it really is and how intertwined and interdependent via cross ownership they are.

When I said that we have an problem with “Institutionalized Elderly Abuse” I meant it and the message is not lost on Denise as she is fully aware of the danger the 800 Pound Gorillas are to the Wealth of the  Greatest Generation, the Boomers and their children.

See :
Bankers and Finance Consumer’s Support Association, Inc.

Facebook:  Bendigo Banksters


October 5, 2013

This is an over whelming story of the Watts’ family’s fight to seek justice with supporting evidence against a Bendigo Bank Manager (Christine Frankham) who used her position and trust to take advantage of their elderly mother, Yolanda Hutton.

Full Article:
Bendigo Bank (Christine Frankham): This will not go away!!!

See Also:
JOIN the Bendigo Banksters Facebook Page

YouTube Video Source:

Nurse faces drug charge

September 16, 2013

A state registered nurse supplied Temazepam prescribed for another patient to an elderly woman in a nursing home.

Patricia Connolly, 56, of Back Westgate, Hornsea admitted to supplying Temazepam to 93-year-old Bertha Hutchinson during her employment as a nurse at Northfield Manor Nursing Home in Driffield.

The offence took place in January this year.

On Wednesday 4 September at Bridlington Magistrates’ Court it was heard Connolly is a state registered nurse, and has previously worked as a psychiatric nurse.

Prosecution solicitor David Ward said: “There was an elderly lady who was 93-years-old and she appears to have been prescribed some extra Temazepam which was actually for another patient. That idea was that this would help her to sleep as she was having problems sleeping, walking round at night.

“She was reported by a cleaner as being the only nurse that didn’t follow the normal procedure. Mrs Connolly would administer the drugs without anybody else present and would ask the cleaner who was also a qualified as an assistant to sign the paper work.

“Subsequently this was reported to the doctor and saying perhaps this wasn’t helping with her problem. The extra medication she was on was affecting her balance, so it may have been counter-productive.

“The defendant was interviewed and made full admissions. It is a willful administration of a prescribed drug.

“It seems quite a sad case.”

Full Article and Source:
Nurse faces drug charge

Guardianship abuse has serious implications: Study

June 27, 2013

RIYADH — Men who exercise absolute control over the rights of women are considered one of the detrimental problems facing Saudi society, according to a new study.

This tendency represents the harshest form of injustice against women with psychological repercussions.

Despite the advice of the Holy Prophet (peace be upon him) to Muslims to be kind to their women, some male guardians hold an uncompromising attitude toward women under their care, be they their daughters, sisters or wives, without any justifiable reasons. Such intransigence demoralizes women and results in the loss of their financial rights, the study points out.

Some women continue to suffer from the abuse of their fathers or brothers who refuse them permission to marry, to work, or even to continue their education.

Some of these guardians may agree to some matters that concern women, but often in return for something. Women are sometimes forced to forfeit their salaries to achieve what they desire.

It should be stressed that in Islam a guardian should not exceed his rights and inflict harm upon a woman.

The judicial system states that if a guardian is abusive, the judge has the right to relieve him of his guardianship.

Fatimah Saleh, an elementary school teacher, said her father was very intransigent and rejected her suitors, claiming all those who had proposed to her were unsuitable. She is now 45 years old, and no one is proposing to her anymore.

After her father died, her brother followed in his steps for the sake of her salary, as she has become an ATM cash dispenser for him.

Full Article and Source:
Guardianship abuse has serious implications: Study

‘Striking for the Guardians and Protectors of the Mind’: The Convention on the Rights of Persons With Mental Disabilities and the Future of Guardianship Law

May 16, 2013

In many nations, entry of a guardianship order becomes the “civil death” of the person affected because persons subjected to such measure are not only fully stripped of their legal capacity in all matters related to their finance and property but are also deprived of many other fundamental rights, including the right to vote, the right to consent or refuse medical treatment (including forced psychiatric treatment), freedom of association, and the right to marry and have a family. 

The United Nations’ ratification of the Convention on the Rights of Persons with Disabilities (CRPD) radically changes the scope of international human rights law as it applies to all persons with disabilities, and in no area is this more significant than in the mental disability law context.  And there is no question that the CRPD speaks to the issue of guardianship.  This article examines what impact, if any, the CRPD and other international human rights documents will have on guardianship practice around the world. 

This question is of great importance given the common usage of this status and the lack of procedural safeguards that attend the application of this status in many nations This article begins by examining why guardianship is considered “civil death” in much of the world before discussing the possible impact that the CRPD will have on the application of guardianship laws. 

Issues discussed include the need for some mechanism to insure the appointment of counsel to persons facing guardianship; the need for a mechanism to insure that, in those cases in which guardianship is inevitably necessary, “personal” guardians will be appointed instead of institutional ones; the need for domestic courts—in all parts of the world—to take these issues seriously when they are litigated on a case-by-case basis; and the inevitable problems that will arise in the Asia and Pacific region, where there is no regional court or commission at which litigants can seek CRPD enforcement.  Finally, this article considers the impact of therapeutic jurisprudence on the questions at hand, and concludes by looking again at the CRPD as a potentially emancipatory means of restructuring guardianship law around the world.

Full Abstract and Source:
PennStateLawReview: “Striking for the Guardians and Protectors of the Mind”: The Convention on the Rights of Persons with Mental Diabilities and the Future of Guardianship

Judge goes after Sarkozy over alleged elder abuse

March 26, 2013

PARIS — Allies of former President Nicolas Sarkozy expressed shock and “incomprehension”yesterday after he was informed on Thursday that he would face a formal investigation into whether he abused the frailty of Liliane Bettencourt, 90, the heiress to the L’Oreal fortune and France’s richest woman, to get funds for his 2007 presidential campaign.

Sarkozy has denied accepting illegal campaign money from Bettencourt, either personally or through his party treasurer at the time, Eric Woerth, as alleged by Bettencourt’s former butler.

Full Article & Source:
Judge goes after Sarkozy over alleged elder abuse

How a £5m, 3,000-acre estate fell into ruin after American heir refused to inherit property for 40 years because he didn’t want to pay death tax

March 18, 2013
John Paget Figg-Hoblyn
John Westropp Figg-Hoblyn

A vast British estate that had fallen into ruin after its American heir refused to claim the land can finally be divided among relatives after 80 years of legal wrangling.

The Hoblyn estate in Cornwall, with its enormous manor house set in 3,000 acres of lush English countryside worth $7.5million, has been inherited by two elderly sisters in California.

However the women’s cousin and next male heir – the only person who wanted to restore the estate to its former glory – has been left with a vastly reduced sum because of a change to the century-old will.

The estate, with its 19th-century Fir Hill manor house, belonged to the Figg-Hoblyn family who first moved to the property in 1856.

Full Article & Source:
How a £5m, 3,000-acre estate fell into ruin after American heir refused to inherit property for 40 years because he didn’t want to pay death tax

See Also:
John Figg-Hoblyn

Denying suffrage to wards said ‘excessive’

March 17, 2013

Even though Japan’s adult guardianship system may be necessary to protect the assets of those who need additional attention due to their mental state, stripping them of their suffrage is an excessive infringement of rights that goes against international trends, experts said.

Thursday’s ruling that the Public Office Election Law takes away the voting rights of the disabled and the elderly with dementia is “unconstitutional” cast the spotlight on the fact Japan lags behind the global community in protecting the rights of those with certain disabilities.

The guardianship scheme was first introduced in 2000 to help people with cognitive disabilities manage their assets. It replaced a system dating from the Meiji Era that prevented those declared incompetent from having control over their own property and was often criticized as discriminatory because details of their disability was officially entered into the family registry.

Makoto Arai, a professor at Chuo University and president of the Japan Adult Guardianship Law Association, welcomed the ruling, but at the same time criticized the current system for being “behind the times.”

“Times have changed since the Meiji Era, when the old system was established, and (the adult guardianship system) was created with a new principle to respect the elderly and the disabled (to allow them) to make decisions by themselves and to create a society in which they can live normal lives,” Arai said.

Full Article & Source:
Denying suffrage to wards said ‘excessive’

The Elderly are Neglected and Forgotten

February 8, 2013

The elderly are neglected and “forgotten” by society because people don’t want to be reminded of their own mortality, the comedian Ricky Gervais has said.

Gervais, whose most recent comedy series is set in an old people’s home, says public figures and Hollywood stars should speak out for the elderly.
“No one cares. They’re forgotten, bewildered, and I don’t think it’s because people are cruel or don’t care. It’s because you don’t want to think about your own mortality.

“I think people don’t talk about it enough. There’s a strange arrogance. Sometimes being old is used as an insult, which is bizarre because, if you’re lucky, that’s literally going to happen to you,” he told the Observer.

Full Article and Source:
Rickey Gervais: The Elderly Are Neglected and Forgotten

Latvia Abolishes Plenary Guardianship

January 21, 2013

[T]he Latvian parliament adopted a new law which abolishes plenary guardianship. This means that the 2,334 people in Latvia who are currently prohibited from taking any decisions about their lives, will have to be reviewed, and it is MDAC’s hope that many of them will have restrictions lifted so that they can make their own decisions.

Latvia becomes the second country in Europe to take this step following the adoption of the UN Convention on the Rights of Persons with Disabilities in 2006, the first being the  Czeck Republic.

The new law abolishes full deprivation of legal capacity. It introduces a new initiative of partial guardianship which is a joint decision between the adult and guardian (where either one can exercise a veto), temporary guardianship for up to 2 years without restricting legal capacity and advanced directives. The new law introduces compulsory periodic review of partial guardianship and this is scheduled for every 7 years.

Full Article and Source:
Latvia Abolishes Plenary Guardianship