NATIONAL ASSOCIATION TO STOP ELDERLY ABUSE AND EXPLOITATION

MY BEAUTIFUL MOTHER YVONNE SARHAN WAS MURDERED BY HER GUARDIAN VICKI BRAIL, DR. STEVEN LESLIE KAPLAN AND JUDGE CELESTE MUIR AND OUR GOVERNMENT LET IT HAPPEN

2010-09-22T11:01:00.001-04:00

Dear Readers and Elder Abuse Advocates,

After a 7 year battle the Guardian Vicki Brail murdered my mother with the mediccation called Seroquel. She paid Dr. Steven Leslie Kaplan, a psychiatrist here in Miami to put her on Seroquel to end her life. However, before ending her life the Judge, Guardian and Attorneys have robbed our estate and stole well over a million dollars. After repeated attempts and 7 years of traveling the country trying get government help to stop her murder, I could not save her. After meeting with the Miami Dade County Police, the FBI, Charlie Christ in November of 2008, meeting with Congressman Mario Diaz Balart, Lincoln Diaz Balart, and meeting with many other government officials who would do nothing, my mother died in her own home due to sudden cardiac death caused by Seroquel, an antipsychotic medication she should of never been on but was forced to take 400mg per day, according to Dr Steven Leslie Kaplan, he was treating her for insomnia. I want to tell you about the CIA showing up at my home and the struggle to save my mother's life, when I knew this was going to happen after they stole the bulk of our estate. I guess I was so excited that President Obama got elected, I thought CHANGE was going to free my mother from this overwhelming corruption in our Probate Courts. I want you to know that I will not stop my crusade to stop elderly abuse and exploitation, I will not stop until these criminals are in prison and the family's get complete restitution, not only for the money they stole, but for robbing our parents of their lives and robbing the family's of their lives as well.

For 7 years of my life, I fought for the freedom of my mother Yvonne Sarhan, a 72 year old woman who was fully competent, ruled incapacitated by a dirty Judge named Bruce Levy. Even though we had two medical reports that showed she was fully competent, Judge Bruce Levy Stated, "She is not Competent until I say she is Competent, Denied." From that time forward, I knew something was very wrong and the corruption was not only at the Guardian and Attorney level, but I now knew that the Probate Judge's were involved in this Conspiracy to Extort Billions of dollars from the elderly people here in South Florida and around this country. However, I cannot only put blame on these criminals but my brother played a major role in putting my mother in this position. My brother Tony has always been a theif and stole from my father's gas station, but when my father died and the gas station was turned over to him by his manipulation of lawyer William Harris, he then started to steal from my mother. Even after I spoke with William Harris about the 100,000 dollars my brother stole from my mother he did nothing. Then after 300,000 dollars, I moved in with my mother after her request and left my home. Her exact words were, Robbie your brother is stealing all my money, please come and live with me take care of me and our home, which I did. Soon I found myself stuck in a guardianship case that was one of the most corrupt guardianship cases in this country where attorney Enrique Zamora was representing my mother and the guardian of my mother at the same time. This was the lady we were fighting in court, an adverse party and Enrique Zamora was representing her in other cases at the same time representing my mother. Yes, a conflict of interest and a violation of due process. Enrique Zamora denied representing my mother and the guardian Barbra Reiser at the same time, but we had certified documents to prove he was lying, yet Judge Norman Gerstein said, "Well Dr. sarhan, I will have to check with the Florida Bar to see if this is a conflic of interest or not" he then recuses himself and does not rule. Judge Bruce Levy recused himself as well.

More to come soon Robert Sarhan, MD 305-338-6160

FRAUD AGAINST SENIOR CITIZENS, PANEL 2 MAY 25, 2010 THE CRIMES COMMITTEE

2010-06-06T12:24:00.002-04:00

The Elder Abuse and Guardianship Victims Task Force met in Washington, DC in front of the Crimes Committee on May 25, 2010. In attendance were Congressman Ted Poe of Texas, Congressman Louie Gomert of Texas, Congressman Bobby Scott of Virginia and Councilman Ron Legrand of the Crimes Committee.

Please click on the link below, having a problem uploading the video. Here we have Latifa Ring from Texas and Mark Glasser from Miami addressing the crimes committee on Elderly Abuse and Exploitation issues in Guardianship Cases here in the Probate Courts throughout this country.

http://www.c-spanvideo.org/program/293692-2

Danny Tate Conservatorship Comes to an End in Nashville

2010-05-30T21:37:00.000-04:00

Estate of Denial

Nashville Scene follow-up article on Tate conservatorship

Posted: 27 May 2010 05:33 PM PDT

Danny Tate’s conservatorship comes to an eruptive end in a Nashville courtroom — but what has he really won?
The War Between the Tates
Brantley Hargrove
May 27, 2010
Nashville Scene
http://www.nashvillescene.com/nashville/danny-tates-conservatorship-comes-to-an-eruptive-end-in-a-nashville-courtroom-andmdash-but-what-has-he-really-won/Content?oid=1587613
The raucous scene in Judge Randy Kennedy’s Probate courtroom last Monday morning scarcely even called to mind an official chamber. Typically, the staid courtroom where final wills and estates go on indefinite life support is muted and somber. Today, it resembled more closely the local rock joints Danny Tate used to play in the 1980s.
Women wearing sandals and denim capris sauntered in and out of the room, where an aging rocker in acid-washed skinny jeans sat with the letters L, U, S, and T tattooed on his knuckles. Throughout the gallery, a woman circulated like the merch chick at a Mercy Lounge show. She brandished a T-shirt, draped across her arm, which bore the same message seen on row after row of supporters: “FREE DANNY TATE!!!”
The mood was completely different from last December, when an attorney for the Nashville composer, songwriter, former pop-rocker and recovering crack addict had pleaded for him to be restored control of his life. But the strange assortment of spectators wasn’t the only thing that had changed. Over the months since, the case had become a cause célébre detailed in a Scene cover story (”Court-Ordered Hell,” Jan. 21, 2010). Now there was a TV camera, its lens and the eyes of its viewing audience trained on Judge Kennedy. There was even an observing member of the disciplinary counsel for the Tennessee Court of the Judiciary, who requested anonymity and would not speak on the record.
Tate himself, with nine months of hard-won sobriety under his belt, sat composedly in a smart dark-gray suit, his face clean-shaven, his hair neatly parted. After nearly two and a half hours of testimony — and two and a half years of incredibly expensive legal warfare — Judge Kennedy spoke.
“He’s the captain of his ship,” the judge said, as the room held its breath. “He’s the master of his own destiny. The conservatorship served its purpose, and no longer serves a purpose.”
The supporters in the gallery erupted. They shattered the measured quiet of the chamber, like extras in some bad courtroom drama. But one person didn’t seem to share the joy. As his supporters pressed in, a weary smile turned the corners of Danny Tate’s mouth.
“It’s a little bit of an empty feeling right now,” he said.
If the fruits of this long legal slog feel hollow to Danny, there’s good reason. Seven months ago, Danny Tate was on the run, living out of cheap motels, fearing the writ of body attachment issued by Judge Kennedy that could lock him up in a Vanderbilt psychiatric ward. He had been fighting the system for more than two years. His brother David, president of a successful Memphis product promotions company, was named conservator of Danny’s estate in October 2007 — after he convinced Judge Kennedy that his brother was a crack addict so desperate he was facing death.
It’s inarguable that Danny Tate was in bad shape back in 2007. The preacher’s son turned hunky ’80s rocker had squandered tens of thousands of dollars on the drug, along with much of his early career promise. David says he was alarmed by his brother’s health. Danny, he said, had always done a good job of hiding his addiction from others. But now he was gaunt, his face drawn, his belly distended. Speaking today, David Tate says he couldn’t just watch his little brother kill himself.
Mental health care professionals say that a brother or sister, however well-meaning, is often the worst candidate for control over situations like Danny Tate’s. They argue the accumulated resentments and complex (if not downright contentious) familial relationships can cloud judgment and hurt all involved.
Yet David Tate says he had nothing but the best intentions in seeking conservatorship over his brother. He tells the Scene he simply wanted to cut Danny’s access to quick cash for crack — a life-saving measure, in his eyes.
Without the due process owed Tate by the Fourteenth Amendment, a legal arrangement akin to civil death was granted. It gave David control over Danny’s sizable nest egg and investments totaling roughly $600,000 — along with his property and his ability to enter into contracts and make his own medical decisions.
Danny told the Scene once that he would only be set loose from the conservatorship after his assets were drained. Intentionally or not, it turned out to be technically almost true. While those wearing crisp T-shirts bearing his name cheered and smiled the smiles of unequivocal victory, it was hard to see any reason for celebration beyond his release from the conservatorship.
Danny’s investments and nest egg are all but spent. They’ve been depleted over the past two and a half years — by his living expenses, by the 2008 stock market crash, by the crack he was consuming in the conservatorship’s early days. Most gallingly, they’ve been drained by attorneys’ fees on both sides of the fight — which, thanks to an increasingly controversial legal quirk, were all paid out of Danny’s pocket.
Depending on whom you ask, it’s difficult to ascertain to whom the victory belongs. His supporters suggest that when Kennedy declined to grant a final hearing on his case, Danny won by seeking interlocutory appeal, forcing the issue. They say that when psychiatric reports showed Danny was clean and sober — on the word of the very doctor the court had ordered him to see all along — there was no excuse left to keep the conservatorship in place.
But in David Tate’s eyes, the winner was the system trying to help his recalcitrant brother, as much as he fought it every step of the way. And in his brother’s estimation, Danny didn’t get much for the money he spent fighting it.
“Wanna know why Danny’s free today?” David asked the Scene. “He went to the psychiatrist and had the evaluation that the court had ordered two years ago. Then the evaluation came back and he’s got personality disorders, but he’s been clean and sober for nine months. He’s capable of handling his affairs. Those two things in the last 10 days were all that was ever needed.
“If Danny had cooperated, he’d have been out of this thing a long time ago.”
That claim brings into focus the Catch-22 at the heart of Danny Tate’s legal woes, now being echoed in similar cases across the state. The absence of process served to Danny at the outset was troubling. So was the ease with which he was made a ward — a state in which a man legally becomes a cipher, a nonentity with no say over his assets. Legal scholars have long warned of the hazards of such deprivation.
So if the ward believes this is wrong, does he fight it (as is his right) with everything he has — which will only double the rate at which he loses his assets? Or if the ward is as sick as Danny was, should he comply? Should he see the psychiatrists? Should he submit to the drug testing? Should he cooperate? There’s an argument to be made, and David would undoubtedly make it, that Danny would be better off if he had.
But as the proceedings grew more contentious, Danny never believed they’d let him go. At least not if he had anything left. And, in fact, the court seemed not to heed the warning of the chief physician at a rehabilitation center where Danny was treated for a month. The physician said the sibling-controlled conservatorship was corrosive, venomous and not at all conducive to Danny’s recovery. Yet the court persisted — causing some to question whether Danny’s best interest was ever even a concern.
At times, Danny seemed to flourish despite the conservatorship, flouting the court orders for testing and treatment, intercepting royalty checks and blazing his own trail to sobriety while sticking to the 12 Steps. David, on the other hand, said his brother wouldn’t have been able to do any of that if he’d had access to his drug money. Danny, he asserts, would be dead now.
There is one group, however, that emerges from this story as a clearcut winner: the attorneys. Paul Housch, David’s attorney for the conservatorship, has billed roughly $100,000 since October 2007. Danny’s attorney, Michael Hoskins, has also run up an expensive tab since he was hired in the fall of 2008 — nearly as much as Housch. At the moment, to pay them, Danny faces the prospect of selling his already flood-gutted Bellevue home.
Perhaps saddest of all, there is also a clear and possibly permanent loser: the relationship between the Tates. As David left the courtroom, the brothers did not look at one another. They did not address each other, or mutter even a perfunctory greeting. David said he is willing to mend the fences. Danny isn’t ready to countenance reconciliation. Instead, he says he intends to file a lawsuit against his brother, Housch and, if possible, Kennedy. For now, the brothers remain locked in a kind of détente. One insists he saved his younger brother’s life. The other insists his older brother tried to take it away.
As Danny left the courtroom Monday afternoon, with one fight finished and another looming, it’s no wonder he was one of the few not sharing in the jubilation. Money clearly wasn’t the only thing he’d lost over the past two and a half years. Now it remains to be seen if Danny Tate will ever be truly free.

2010-05-23T00:10:00.014-04:00

Guardianship in Arizona: Elder care or elder abuse?

Reported by: Joe Ducey
Email: jducey@abc15.com
Produced by: Maria Tomasch
Last Update: 5/20 5:42 am

Guardianship in Arizona: Elder care or elder abuse?

PHOENIX - Many people move to Arizona for the weather and recreation because it's considered a haven for retirees who want to live out their golden years. But something else is happening here - something haunting.
For Clair's mom, Gloria Horrigan, it was a nightmare.
Clair said her mother was taken to a nursing home against her will and not allowed visitors, not even family.
“It's sickening...It really truly is sickening,” said Clair.
It was a struggle for Robert Brown to bring his wife, Rosemary, home.
She was also taken and within a matter of weeks, the family wasn't allowed to see her either.
What happened in both cases started in a Maricopa County Courtroom - right in front of a judge.
Both Rosemary and Gloria had health issues that made it hard on their families.

Families can't force a loved one to get help, but a guardian can.
That's why their cases ended up in probate court, which hears issues on care for vulnerable adults.
The court approved a guardian in both cases. And both times, the guardian was Sun Valley Group of Tempe.
Their website states they offer "support for client's physical, social, emotional and mental health."
As part of their service, Sun Valley Group also took care of Gloria's personal finances.
But Clair said her mom did not get proper medical treatment and her bills weren't paid. Gloria's house went into foreclosure.

“I’m physically sick from seeing what they've done to my mother. My family, my children, everyone has been affected by this,” said Clair.
Rosemary had a similar story. She was depressed and refused medical care.
Her husband Robert needed help, so he said he agreed to let Sun Valley Group take Rosemary when they promised to make sure she got treatment.
But Robert said under the company's care, she never did, so now family friend and doctor, Marge Butler, is Rosemary's guardian.
“The bills were now coming at a ferried pace,” said Marge.
In total, Marge said the family spent over a $100,000. That was for just four months of Sun Valley Group's care.
It ended when the nursing home thought Rosemary was dying. They finally allowed the family to see her.
As for Gloria, Clair said the company seemed much more interested in her mom's money than her health.
Gloria's final bill was just under $500,000 and included charges for an employee to open her mail at $75 an hour.
“They are supposed to be her guardian and are supposed to be like her parents and look out for her best interests,” said Clair.
After repeatedly being turned down for an on camera interview, The ABC15 Investigators went to Sun Valley Group's office.

They asked us to leave.

We then caught up with the owner of Sun Valley, Peter Frenette, at a county courthouse.
He was leaving a probate hearing involving fees from a different case. Even after several questions, Frenette would not comment.
The ABC15 Investigators have found more issues plaguing Sun Valley Group.
Frenette's wife, Heather, is co-owner, but she is being investigated by the Arizona nursing board.
The Maricopa County Sheriff's Organized Crime Unit is also investigating Sun Valley Group.
By state law, both investigations are secret.
We also discovered three multi-million dollar lawsuits filed this year against the company for fraud and racketeering.

Grant Goodman is the attorney for three former Sun Valley Group clients.
“It's more of a criminal enterprise,” said Goodman, “They need to be prosecuted.”
He claimed to find a pattern with these cases.
“They effectively medicate them to such an extent that they really are non-functional,” said Goodman, “And they do that while they're liquidating their assets.”
The three lawsuits also blame probate court.
“The mob isn't this efficient, nor does the mob have the luxury of having a court rubberstamp these proceedings,” said Goodman.

Goodman is not the only one who thinks that way.

Last month, the Arizona Supreme Court issued an Administrative Order to investigate probate court. One of the issues is regulating fees.
Now, Rosemary is back with her family and doing well. She is getting the treatment that she needs.
“We just plan to enjoy life,” said Robert.
Sun Valley Group filed motions to dismiss with the three lawsuits shown in this investigation.
Neither Gloria nor Rosemary has filed a lawsuit.
If you would like any further information on guardianship, visit one or more of these websites:
National Guardianship Association offers a Model Code of Ethics, Standards of Practice and answers to basic questions 877-326-5992.
Center for Guardianship Certification has a directory of certified guardians who have taken a test, agreed to abide by ethical standards, and not been disqualified for prior conduct.
For in-depth reports on guardianship, visit AARP’s Public Policy Institute, or the American Bar Association’s Commission on the Law and Aging.

ShareThis

Add a Comment

Add Video Comment

(22) Comments

The ABC15 Investigators

Worth the cost? Stealth cameras watch Arizona border

The government claims the program has led to the detection and detention of at least 5,000 undocumented immigrants. Watch Video

134 comments

More Investigations

Linda M. Banta & Laura Spease, Conservatorship, Abuse, Berkeley, California,

2010-05-22T13:09:00.002-04:00

AVOID Conservator LINDA BANTA & Attorney LAURA SPEASE if you care about your loved ones at all! In fact, do WHATEVER you can to prevent a loved one being placed under a guardianship or conservatorship!

Some years ago my elderly parents were forced into a California conservatorship (known as guardianship in most states) by a sibling when they had become unable to care for themselves. Because I lived out of state California law prohibited me from being the conservator, so I agreed to the conservatorship because I innocently believed that the county Court would oversee how my parents’ estate was spent carefully, assure responsible management of their health care and emotional well-being.

NOTHING could be further from the truth!

Linda M. Banta came highly recommended by an attorney, MARGARET HAND, who I now realize is in on this business of taking the elderly for all they've got while disregarding their stated wishes and emotional needs. At the time the Court allowed Linda Banta to take 1% of the estate each year so she had the properties appraised at high value.

Now the Court rules dictate she charge $115/hour [which equals $239,200/year] and she is certainly not very competent at handling many of the tasks her fiduciary role requires. She doesn't even oversee the care herself, but hires Geriatric "Care" Managers, one of whom, AMY PIERI, charges $115/hr; another, CHRIS HENDRICKSON is also paid at such lucrative rates. Neither Linda Banta or LAURA SPEASE have any respect for family who actually CARE about my parents and Laura Spease even violatd my rights when her office fail to mail notice that the court requires that would provide me knowledge and the ability to respond to their actions, as required by law.

They restrict family visits despite my parents' BEGGING to be able to see me more. I'll spare you the details as there are THOUSANDS of stories exactly like this across the country. In fact, the Senate is holding hearings soon, so make a report to the Government Accounting Office if you know of any. Call Sandra Moore at 202-512-4910 at GAO.

If you are considering guardianship or are already involved with one that is abusive, look at websites such as www.EstateofDenial.com or Janet Phelan’s work on www.ScamRaiders.com to discover how the courts are allowing incredible exploitation of seniors and the disabled.

Find another alternative -- a trusted family friend, a cousin, ANYONE who is not a part of this racket. Their main predatory interest is MONEY, so if you or anyone you care about has substantial assets (over $100K), BEWARE!

I have protested the excessive expenditures in every aspect of Linda Banta’s work, but the Court totally disregards all my statements. In many states is it not necessary to have anything but hearsay to "prove" incompetence.

Texas legislators are being confronted by the fact that courts there hold secret hearings where the involved parties are not notified and not present. No, I'm not paranoid.

This is all true. Most people can't believe this gulag is happening in this country.

Sadly, I, too, was once Innocent.

Source>Fraudbug.Com

AP reports on Danny Tate Conservatorship Posted: 21 May 2010 11:37 AM PDT byEstateOfDenial.Com

2010-05-22T13:00:00.004-04:00

Sheila Burke, Associated Press
May 21, 2010
Yahoo! News
http://news.yahoo.com/s/ap/20100521/ap_en_mu/us_conservator_fight
NASHVILLE, Tenn. – A court stripped away songwriter Danny Tate’s control of his life — removing his right to make his own legal, financial and medical decisions — at a last-minute hearing he didn’t know about and didn’t attend.

With the drop of a gavel, the Nashville musician who’d written a top 10 hit and was making around $125,000 a year writing music for TV shows was declared mentally disabled and in need of someone to manage his affairs. The decision was made at an “emergency hearing” with no medical testimony and no lawyer to represent Tate’s interests.

When Tate finally got his day in court three weeks later to challenge allegations that he was in the grip of a life-threatening drug addiction, the judge refused his request for a lawyer and he had to represent himself.

He was again declared disabled, handcuffed and put in a locked psychiatric facility for six days.

“What they’ve done to me is wrong, and it shouldn’t ever happen to anyone again,” the songwriter said.

Advocates for people declared legally unfit to manage their own affairs say the songwriter’s case is a troubling example of abuses found in the courts nationwide.

Among the problems they see: people stripped of their rights on questionable evidence, deprived of a lawyer, subjected to emergency hearings when there is no true emergency and losing their life savings.

Such complaints prompted the U.S. Senate Special Committee on Aging to order an investigation into the concerns. That investigation is currently being conducted by the U.S. Government Accountability Office.

In Tennessee, a person who manages the affairs of a disabled adult is called a conservator. Other states call these people guardians.

Tate, 54, says what was done to him at the emergency hearing Oct. 23, 2007, crippled his ability to mount a defense in a yearslong legal battle to restore his rights.

Davidson County Circuit Court Judge Randy Kennedy named the songwriter’s older brother, David Tate, 60, as his conservator. That gave the older brother access to the younger brother’s savings — more than half a million dollars — to pay for the lawyers to keep the conservatorship in place. In effect, Danny Tate has been forced to pay for the legal fight to oppose his own legal claim.

About the only thing the brothers can agree on is that Danny Tate was addicted to crack in 2007 and is now clean and sober. The addiction was bad enough that the songwriter granted his brother temporary power of attorney to pay his bills while he went into drug rehab.

“He was trying to kill himself with crack,” the brother said.

Danny Tate was one of the writers of “Affair of the Heart,” a top 10 hit for Rick Springfield in the ’80s. He made most of his money writing music that appears during segments on popular TV shows, including “The Ellen DeGeneres Show,” and “Entertainment Tonight.”

The son of an Arkansas minister, Danny Tate had wrestled for much of his life with alcohol and cocaine. He had made repeated but failed attempts to get a grip on his addiction when court proceedings began against him in October 2007.

That was when David Tate filed a court petition claiming his brother was spending between $500 and $800 dollars a day on crack.

David Tate asked the judge to appoint him as Danny’s conservator, to help him get treatment and preserve the songwriter’s assets. The brother filed a statement from one of the songwriter’s financial accounts showing large withdrawals of funds.

An attorney who now represents Danny Tate said the petition that led to the emergency hearing was based entirely on unsubstantiated allegations by the brother.

“It’s scary,” Michael Hoskins said. “All you’ve got to do is make the allegation” to force someone into a conservatorship.

Being a drug addict or alcoholic alone is not grounds enough to be declared mentally incompetent, legal experts say. The question is whether the addiction was so disabling that he could no longer manage his own affairs.

Danny Tate, a tall man who chain smokes and now lives by the credo of Alcoholics Anonymous, maintains that he was a functioning addict and was not in a crisis so severe that a court would have grounds to hold a hearing without him and strip him of his rights.

He said there were no claims that he’d ever been arrested, overdosed on drugs, been committed to a psychiatric ward or hurt anyone. Only that he’d been spending lots of money on drugs and his brother feared his habit would kill him.

His case, Danny Tate says, should serve as a stark warning about how easy it is to have someone declared disabled and should be chilling to anyone in Nashville’s music industry with an addiction and some money.

“If this could happen to me, they’d have to bust 75 percent of Music Row and go down before Randy Kennedy for a mass conservatorship hearing,” the songwriter said.

He is gearing up for a May 24 hearing to determine whether he is competent to take charge of his life again.

This time he’ll have a lawyer.

The upcoming hearing was ordered by the Tennessee Court of Appeals in December after the songwriter argued he was entitled to a chance to get out of the legal arrangement or appeal it.

David Tate won’t say whether he will ask the judge to keep him in charge of his brother’s affairs. He maintains that he stepped in to save his brother’s life.

More than $200,000 has been spent on legal fees so far, court records show. The upcoming hearing is expected to eat up thousands more.

Court records show that Tate had more than $600,000 in a money market account and was receiving about $125,000 a year in music royalty payments when the court proceedings began.

He will likely be in debt after the hearing, Hoskins said.

Unlike other court battles where each side pays its own legal fees, in a conservatorship proceeding a disabled person who has money pays for both sides. Every time Danny Tate’s brother files a motion it comes out of Danny Tate’s life savings.

“That’s the worst part of it. They’re paying these people to harm them,” said Elaine Renoire, president of the Indiana-based National Association to Stop Guardian Abuse. The organization is supporting the songwriter in his legal battle.

David Tate, who runs a corporate logo and merchandising company in Memphis, is not accused of trying to enrich himself at his brother’s expense. However, the outright theft of assets or questionable billing practices by lawyers and guardians has long been a concern of advocates and is part of the GAO study.

Renoire says she has no idea how prevalent guardian abuse is because the records simply don’t exist. Many courts don’t keep records on how many of these cases they have.

A December 2007 report by the U.S. Senate Special Committee on Aging found numerous problems with conservatorship cases nationwide despite reforms specifically pointed to emergency hearings. “Emergency appointments, by their nature, immediately deny prospective wards their due process,” the report said.

The AARP says people often aren’t offered sufficient legal protections.

“Due process in the guardianship system has always been a substantial concern,” said Sally Hurme, an attorney and senior project manager with the AARP.

The organization recommends granting the allegedly disabled person the right to come to a hearing, requiring notice of an emergency hearing and an explanation of the emergency, and mandating that a lawyer always be appointed as an advocate for someone said to be disabled.

Hoskins said he believes Danny Tate’s case never would have gotten this far if Tate could have gotten a good lawyer from the start.

Unlike the right to counsel in criminal cases, the right to a lawyer in civil cases like conservatorship proceedings is not constitutionally guaranteed.

But that doesn’t mean it shouldn’t be, said Chris Slobogin a Vanderbilt University Law School professor who is an expert in mental-health law.

Video Update, AP Story on Danny Tate Conservatorship

http://www.youtube.com/watch?v=n3dl5WAfKv4&feature=player_embedded

Video update, AP story on Danny Tate conservatorship

Posted: 21 May 2010 08:44 AM PDT

Here’s a video just posted by Kevin Montgomery regarding this weekend’s events in Nashville.

The Free Danny Tate Awareness/Flood Relief Concert Lineup and special message to supporters

Additionally, the Associated Press hit the wire today with a story on Danny’s case. It has been picked up by numerous outlets and will undoubtedly continue popping up in publications for the next days.

Please Help Stuart Rosenkrantz stay out of a Guardianship, the Judge's, Attorney's and Guardian's are trying to Steal all His Money

2010-05-15T10:36:00.006-04:00

In Florida all it takes to lose your rights is for three strangers to decide you're not competent. Tonight a South Florida man is challenging the guardianship system. Investigative reporter Carmel Cafiero has his story in this special assignment report.

WSVN -- Sixty-four-year-old Stewart Rosenkrantz landed in a wheelchair decades ago, after a car accident, but he hasn't let that stop him from enjoying life. His still pictures are so special he's sold them. His money management is so good he owns his home and doesn't owe anybody anything.

Edward Dinna, Attorney: "Mr. Rosenkrantz is the only fellow I know that doesn't have a debt."

Attorney Edward Dinna represents Stewart. They're fighting a move by a family member that could cost Stewart control over his life and his finances. It started with this, a petition filed in Broward County that claims Stewart is being unduly influenced by his roommate. A claim Stewart and his attorney deny.

Edward Dinna: "Not only are they trying to appoint a temporary guardian, but they're trying to serve subpoenas on all his banking and financial institutions to find out just how wealthy or not he is."

Three court appointed members of a committee met with Stewart and he can own a gun, he can drive his van, but he can't manage his property. He says it's all about getting control of his money.

Carmel Chaffier: "What did you think?"

Stewart Rosenkrantz: "Well I know what they were after."

Carmel Chaffier: "Were you mad?"

Stewart Rosenkrantz: "Mad as hell."

Stewart is challenging the findings and so far still has control of his finances. The court appointed examining committee is made up of three members. A social worker, who decided Stewart is at risk for financial exploitation, a psychologist, who said his thought processes have a paranoid flavor and a medical doctor who said he was a vulnerable easily persuaded and gullible individual. All this after spending just a few hours with Stewart.

Stewart Rosenkrantz: "I didn't even know what the guardian program was and then all of a sudden I'm going to be subjected to that?"

The report from the committee's medical doctor quotes his family doctor, but Stewart's personal physician says she's never talked to that doctor about Stewart.

Dr. Anne Blenke: "I've never had a consultation with him on any patient."

The report says Dr. Anne Blenke told the committee member Stewart, "tends to neglect his medical needs."

Dr. Anne Blenke: "No. I did not."

That he is, "vulnerable and at risk".

Dr. AnnE Blenke: "I would never make a statement like that to anyone."

The medical doctor who made the report turned down our request for an interview. Stewart meanwhile, is convinced he's being railroaded.

Stewart Rosenkrantz: "I decided it was against me all the way that it was predetermined it was just for the money."

In fact, he is has been so worried about what will happen next, he spent months in Puerto Rico at a home he owns there.

Stewart Rosenkrantz: "We were like fugitives, just felt like it. Four and a half months in Puerto Rico. Even though it's a beautiful place, you get tired of it, you want to come back but you're afraid to."

And he says he may go back into hiding until he can have his day in court. Although hearings on guardianships are usually closed door proceedings, Stewart says he will ask the court to allow our camera in for his case.

IF YOU HAVE A STORY FOR CARMEL TO INVESTIGATE:

Miami-Dade: 305-627-CLUE
Broward: 954-921-CLUE
E-mail: clue@wsvn.com

Comments for this page are closed.

Women Take Guardianship Fight to State Law Makers

2010-05-14T11:21:00.006-04:00

IF YOU HAVE BEEN A VICTIM OF GUARDIANSHIP FRAUD OR IF THE JUDGE IN YOUR CASE WAS DIRTY, PLEASE WRITE ME

2010-05-03T21:00:00.005-04:00

IF YOU HAVE BEEN IN A FRAUDULENT GUARDIANSHIP CASE HERE IN FLORIDA, AND THE JUDGE HAS GIVEN ALL YOUR FAMILY'S MONEY TO THE ATTORNEY'S AND GUARDIAN'S, PLEASE WRITE ME NOW. IF YOU HAVE COMPLAINED TO THE FLORIDA BAR AGAINST A DIRTY ATTORNEY AND THE DID NOTHING PLEASE EMAIL ME.

For years Judge's, Attorney's and Guardian's here in our Probate Courts here in Miami and around the country have been having competent elderly people being ruled incapacitated, strip them of their Civil Rights and go in and steal all their money, their homes and in many cases their lives. My mother, Yvonne Sarhan was murdered with the drug Seroquel 400mg per day or more, even after repeated attempts to alert Judge Muir this medicne will kill my mother she did nothing but let the medicine continue and now my mother is dead, Murder, Yes. Dr Steven Leslie Kaplan was paid to put my mother on this medication to kill her, because the Guardian's and Attorney's took all the money and did a reverse mortgage on the house. Legal no, but who do you complain to, Judge's do what they want and they get away with Murder. However keep reading this blog and soon we may have a secret weapon to stop the Judge's, Attorney's and Guardian's and hopefully put them in jail.
If you complained to the Florida Bar and they ruled in favor of a corrupt attorney, please email me with your phone number, if you are willing to go on the The Biz 880 A.M. with radio Talk show host Les Winston.

Please go to the website stopguardianabuse.com and sign a petition to stop elderly abuse and exploitation, Thank You Robert Sarhan, MD drrob2007@yahoo.com

AstraZeneca Fined $520 Million Over Illegal Seroquel Marketing

2010-05-01T19:09:00.001-04:00

InjuryBoard.com

By Jane Akre
April 28, 2010

Pharmaceutical Giant, AstraZeneca LP and AstraZeneca Pharmaceuticals LP will pay $520 million after being fined by the federal government for illegally marketing the anti-psychotic drug, Seroquel.

Seroquel, also known as quetiapine fumarate, was approved by the FDA in 1997 to treat psychotic disorders. By October 2006, its use had expanded for use for bipolar depression and mania.

The Department of Justice alleges AstraZeneca illegally marketed Seroquel for uses other than those approved by the FDA such as Alzheimer’s disease, anger management, anxiety, ADD, dementia, depression, PTSD, mood disorders, among other uses considered “off-label.”

In 2008, Bloomberg reported that teenagers and the elderly were increasingly being given a class of anti-psychotic drugs not cleared by regulators. In adolescents, the medications are given for depression, autism and hyperactivity, and in the elderly for dementia and insomnia.

Half of Seroquel sales in 2006 were reportedly for off-label use.

In doing so, the company submitted false claims for payments from federal insurance programs including Medicaid, Medicare and TRICARE programs, Veterans Affairs, the Bureau of Prisons, and the Federal Employee Health Benefits Program.

Read entire article: http://www.injuryboard.com/national-news/astrazeneca-fined-520-million-over-illegal-seroquel-marketing.aspx?googleid=280742

IF YOU ARE A VICTIM OF GUARDIANSHIP FRAUD PLEASE CONTACT ME

2010-04-30T22:15:00.003-04:00

IF YOU OR YOUR FAMILY HAVE BEEN A VICTIM OF GUARDIANSHIP FRAUD AND ORGANIZED CRIME PLEASE CONTACT ME RIGHT AWAY.

Hi my name is Robert Sarhan, if you have been a victim of Guardianship Fraud in the State of Florida, the Judge's have violated the State Laws, the Attorney's and Guardian's are stealing yours or your family's Estate Please contact me immediately. drrob2007@yahoo.com

When plunder becomes a way of life

2010-04-24T17:05:00.000-04:00

"When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it."….. FREDERIC BASTIAT

OUR CONSTITUTIONAL RIGHTS ARE BEING STRIPPED AWAY FROM US BY CORRUPT JUDGE'S

2010-04-22T09:22:00.014-04:00

Group gathers to urge freedom for taxpayer advocate Richard Fine
By Troy Anderson, Staff Writer
Updated: 04/20/2010 06:00:44 PM PDT

Chanting "This is America, not Russia," about 75 people gathered Tuesday morning outside the downtown Stanley Mosk Courthouse to urge the U.S. Supreme Court to free former taxpayer advocate attorney Richard I. Fine from jail.

In Washington, D.C., about 50 people staged a similar protest on the steps of the high court, which is scheduled to meet Friday to decide whether Fine should be released.

Fine, a 70-year-old Tarzana resident and former U.S. Department of Justice attorney, has spent more than a year in Men's Central Jail for contempt after refusing to divulge financial information. Fine was placed under "coercive confinement" following a series of cases in which he alleged judges received an extra $57,000 in pay from the county on top of their $179,000 annual state salaries. Fine alleged that these "undeclared bonuses" render judges biased in cases where the county is a defendant.

"Richard Fine has been cruelly, unjustly punished for bringing to light a judicial issue that affects each of us as Los Angeles residents and U.S. citizens," said Chatsworth resident Janette Isaacs, co-organized of "Free Richard Fine," a grassroots, community organization committed to ending judicial corruption in California.

"This could happen to anyone."

Retired Sheriff's Department Sgt. Richard Valdemar, who served as the "jailer" in the case of Los Angeles Herald-Examiner reporter William Farr who was held in jail in 1972 for contempt for

--------------------------------------------------------------------------------

Advertisement

--------------------------------------------------------------------------------
refusing to divulge sources relating to the Charles Manson case, said a person has a right to actually be charged with a crime if they are held in jail for more than a year.
"We don't even house our misdemeanor people in jail for more than a year," Valdemar said. "Yet Mr. Fine is being held longer and it's not like Mr. Fine is a kook or something. This is a man who is an expert on the law and is trying to do the right thing. He's basically a whistleblower and he's being punished for that."

In a letter to the Supreme Court, Fine's daughter, Victoria Fine, an editor with The Huffington Post, asked the justices to release her father "from the horror he and my family have endured during the last 13 months of our lives."

"He has raised me to trust in our country's justice system to uphold freedom, democracy and moral right," she wrote. "I admit that as today, as my father sits in solitary confinement, I have very little faith left in our American system. But now, as I write to you, I place that faith in your hands to make the decision that will free my father and send him home to my mother and me."
-------------------------------------------------------------------------------------

AS ABOVE WE SEE HOW JUDGE'S ABUSE THEIR POWER, SEE BELOW HOW THE ELDERLY AND THEIR FAMILIES ARE BEING ABUSED AS WELL!!!

We request that the President Obama to stop this corruption and violation of our Constitutional Rights and hold these Judge's, Attorney's and Guardian's responsible for their crimes against the elderly and their family's.

Like many of us in Guardianship cases fight for the right to care for our parents, the more we fight, the more these Judge's abuse and violate the laws. Who's watching these corrupt Judge's, who gave them all this power, I think its time that this power should be taken away from them.

My mother Yvonne Sarhan was murdered by Judge Celeste Muir on February 2, 2010 she allowed the Guardian Vicki Brail and Dr Steven Leslie Kaplan to poison my mother with 400 mg of Seroquel a day until she was dead, why because the guardian and attorney's already took all the money from our family.

We believe since our since our Governor Charlie Christ has allowed this to happen in our State, our Congressmen the Balart brothers have allowed this to continue for years, we believe the President of the United States through the chain of command must stop these Human Rights and Constitutional Rights Violations against our American Citizens young and old.

This is a request to meet President Obama as soon as possible to stop the abuse and exploitation of the elderly and their family's......Robert Sarhan, MD

ELDERLY MILLIONAIRE IS DESTITUTE AFTER PAYMENT OF FEES FOR LAWYERS AND CARE

2010-04-21T09:49:00.004-04:00

Elder Law

Elderly Millionaire Is Destitute After Payment of Fees for Lawyers and Care

Posted Apr 13, 2010 5:59 AM CDT
By Debra Cassens Weiss

Marie Long was worth $1.3 million when she suffered a stroke and came under protection of a Maricopa County, Ariz., probate court in 2005.

Today the 88-year-old woman, Marie Long, is destitute after a judge approved $786,000 in attorney, guardianship and companion-care fees for the woman, columnist Laurie Roberts writes in the Arizona Republic. The woman’s onetime guardian, the Sun Valley Group, had assigned itself as Long’s caregiver, charging $235,000 for companion care and $182,000 for guardianship duties, Roberts wrote in a separate column last month.

Itemized charges included $32.50 to go to the bank for Long, $106 to pick up hearing aid batteries, and $62 to discuss a kitchen grease fire caused by a Sun Valley employee, Roberts says.

Judge Lindsay Ellis blamed Long’s court-appointed lawyer, as well as two lawyers for Long’s sisters, for driving up costs, Roberts says. The judge said the lawyers’ "venomous" and "hateful" attacks on the trustee, the guardian and their attorneys resulted in costly litigation.

But Roberts says it’s wrong to blame the three lawyers challenging the fees and instead points the finger at Ellis.

“The court that is supposed to be protecting people like Marie Long is doing no such thing,” Roberts writes. “Instead, the court is allowing a cozy group of lawyers and fiduciaries who are appointed to help vulnerable people help themselves to a nice pile of cash—until the money is gone, at which time the ‘ward’ is dumped onto the taxpayers.”

Now the Sun Valley Group is seeking sanctions against the two lawyers who represented the sisters, alleging they had no standing to sue for breach of fiduciary duty. The lawyers' suit had contended Sun Valley had a duty to investigate whether the Arizona Department of Veterans Services could have served as Marie's guardian, at a cost of only $75 a month.

Roberts decries the turn of events, especially since the lawyers worked for free. “This, apparently, is what you get in probate for trying to advocate for a defenseless widow,” she writes.

A Silent Crisis: Elder Abuse and Justice in America

2009-09-23T20:31:00.002-04:00

My grandmother’s life intersected squarely with the unprecedented rise in life expectancy for all elders. This rise has also led to one of our greatest silent crises: elder abuse.

About same time Alzheimer’s began to cloud my grandmother's once sharp mind, she heard a knock on the door of her 3rd floor apartment in Des Moines, Iowa. She opened it to find a friendly salesman selling John F. Kennedy half-dollars made out of pure gold in a frame with a blue velvet backing. They made an exchange --she handed him a check for $900 and the swindler gave her one dollar in coins.

ELDER ABUSE IN THE UNITED STATES
For millions of elderly people in the United States just like my grandmother, living longer has also meant living in silent fear, battered and beaten, preyed upon, often quieted by shame. Elder abuse is a prolific problem that comes in many forms – physical abuse, emotional abuse, neglect and financial exploitation, with many elders suffering more than just one type of abuse. Of the five million elders estimated to suffer abuse in the U.S. alone each year, the vast majority are subject to multiple forms of mistreatment. They are also three times more likely to die prematurely than those who are not victimized.

Yet, elder abuse is not perceived as a national tragedy. No one talks about it. Silence remains, in part, because many of our elders are isolated by and dependent on those who hurt them, and the perceived shame and stigma of disclosing that they are suffering at the hands of their own caregiver can act as a powerful silencer. But abuse also stays hidden because many older Americans don’t have the means or the capacity to report it.

At the rare times when elder abuse is publicly discussed, the conversations usually feature the voices Elder Justice advocates, social workers or journalists. A typical example is this CBS News report from 2006. Only occasionally do we get a glimpse into the elders' views which can be seen in this video taken at an elder justice rally.

Insights from these experts are critical in the fight to secure justice for older Americans but so is the wisdom from these elders themselves, and to date their voices have been absent from the debate that affects them most directly.

I was surprised to learn how deeply buried this issue is because elder abuse touches us all. It cuts across gender, social, racial, ethnic, economic and geographic lines - yet it’s rarely mentioned in social justice or human rights circles nationally or even internationally. Key UN documents from the Universal Declaration of Human Rights to the Millennium Development Goals omit any mention of age. And here at home the U.S Congress has yet to pass comprehensive federal legislation to protect our oldest members of society, placing it 20 years behind advocacy to protect children from abuse and 10 years behind the work to end domestic violence.

THE ELDER JUSTICE COALITION
To address this colossal fissure in our laws, more than 500 members of the Elder Justice Coalition (EJC) have been vigilantly working over the course of the last decade to secure the passage of the Elder Justice Act (EJA) through Congress. Passing this Act will provide us with a foundation from which we can begin to protect our society’s elders because it will provide long-needed support for programs to help us understand how to prevent and detect abuse, intervene where it happens, treat victims with dignity and respect, and fairly prosecute perpetrators.

Yet despite the EJA’s principled objectives and many years of effort, one of the authors of the Act, Marie-Therese Connolly explains, “Comprehensive federal laws to combat child abuse and domestic violence have had an immense impact for decades. By contrast, the relatively uncontroversial Elder Justice Act has languished (in Congress) since 2002.” With the recent changes in Washington, now is the time to pass this act and give America’s elders the security, dignity and equality they deserve.

A NEW WITNESS PARTNERSHIP with the NATIONAL COUNCIL ON AGING
So why is this important to WITNESS? We are partnering with the National Council on Aging (NCOA) – which has been working on behalf of disadvantaged and vulnerable Elders for over 60 years - to bring the voices of Older Americans to this debate, heighten the visibility of Elder abuse, and end Congressional complacency. In addition to securing passage of the EJA, WITNESS and NCOA will work with Elder Justice organizations across the country, training activists in strategic video advocacy planning and giving them the skills necessary to collect stories of abuse to bring Elder Justice into the national conversation.

Once footage from across the country has been gathered and edited, we will collaborate to reach key Congressional representatives, the national media and our citizenry with compelling stories which will force us to face our elders, end our collective denial and pass the EJA.

YOU TOO CAN STAND UP FOR OUR ELDERS
WITNESS and NCOA are just beginning work on the planning of this video advocacy campaign. We'd like you to join in as we move forward with this campaign to pass the Elder Justice Act and showcase the voices of older Americans:

• Return to the Hub Blog for updates on the production process in the weeks and months ahead
• Sign up for the Video for Change newsletter for updates on the Elder Justice Campaign
• Read more about the work of the NCOA at http://www.ncoa.org, and
• Visit the site of the Elder Justice Coalition at http://www.elderjusticecoalition.com/

Most of all though, we ask you to listen as we bring the voices of American’s elders to you throughout this campaign. Please hear what they have to say. Respect their voice. Value their wisdom. Add yours.

Source=>>here

President Obama, Please Help Us Stop Elderly Abuse and Exploitation by Our Judge's, Attorney's and Guardian"s

2009-09-23T19:44:00.005-04:00

FOR the LOVE of MOTHER
For mothers who experience isolation, mental abuse and liquidation of assets, by children who are Power of Attorney.

This Blog
Linked From Here
The Web
This Blog
Linked From Here
The Web

Sunday, September 20, 2009

365 Days of Isolation - One Year Anniversary of Mother's Isolation
Today, September 20, 2009, is the one year anniversary of the commencement of mother's isolation and control by her POA and other siblings.Yes, that is right, it has been 365 days since my mother has been isolated.We've had to file court papers to put a stop to this abuse.No family nor person should have to endure what some of my siblings have gone through.There is such control and isolation including monitoring of who my mother sees and talks to it is unbelievable. State agencies have not intervened. They do not want to get involved with the politics of such an issue by some who have political connections.The sad part is mother is being told what to say and do. She even has que cards of what to say by certain siblings.Mother's children can not see or talk to her, yet girlfriends and nephews and parents of in-laws can.We can only assume it is FINANCE ABUSE. Evidence has come forth and MORE TO COME, noting substantial withdraw of financial accounts (even before they have matured).In the mean time, MOTHER is still being isolated. NOW 365 days!We love our mother and FOR the LOVE of MOTHER we are fighting for her every day!We love you mom!!!
Posted by FOR the LOVE of MOTHER at 6:29 PM 0 comments
Thursday, September 3, 2009

Day 349 of Mother's Isolation
It is now day 349 of Mother's isolation from her closest and dearest children. Mother has been isolated, coerced by siblings, coached and guarded 24/7.Liquidation of Mother's finances has occurred too. Yet, NOTHING has been done by the state. NOTHING. Our system of government has seriously broken down to even include the most vulnerable -- an elderly woman with dementia.Again, day 349 of mother being isolated and abused from her closest and dearest children.
Posted by FOR the LOVE of MOTHER at 6:24 PM 0 comments
Saturday, August 29, 2009

344 days of isolation and mental abuse of MOTHER
I am starting this blog today to see how many other families are witnessing and suffering from siblings as Power of Attorney (POA) and others, from isolating their mother from their closest and favorite siblings.So far for our family it has been 344 days, 11months & 10 days, 29,721,600 second, 495,360 minutes, 8256 hours or 49 weeks (rounded down) since mother got ill and when the POA and siblings started isolating mother from 7 of mother's children.FOR the LOVE of MOTHER we are working hard to defeat the system of government that does little to intervene and protect an elderly woman even after countless complaints have been filed by family members.We are praying daily for someone to help us see our mother. Siblings have been kicked out, been prevented from seeing mother, phone calls going unanswered while being monitored by other siblings (isolating mother from us) and so on.I seek others who have had NO or LITTLE help from state agencies. We have had very little help at all and our case has been closed noting "confidential."FOR THE LOVE OF MOTHER (we pray for help)!
Posted by FOR the LOVE of MOTHER at 2:38 PM 3 comments
Subscribe to: Posts (Atom)
FOR the LOVE of MOTHER
Daughters united to save mother from isolationView my complete profile

Memories of Happiness

Shoreline couple headed to prison for ripping off elderly woman
http://seattletimes.nwsource.com/html/theblotter/2009758221_a_shoreline_couple_accused_of.html

Dying woman recovers, says relatives "robbed me blind"
http://www.oregonlive.com/news/index.ssf/2009/08/elderly_woman_says_her_relativ.html

Blog Archive
▼ 2009 (3)
▼ September (2)
365 Days of Isolation - One Year Anniversary of Mo...
Day 349 of Mother's Isolation
► August (1)
344 days of isolation and mental abuse of MOTHER

Elder Abuse
Elder Abuse News
Market Wire (press release) - Minister of State (Seniors) Speaks With Oshawa Seniors at Town ...
powered by

President Barack Obama, Please, We Need To Meet With You A.S.A.P.

2009-03-19T14:21:00.005-04:00

THE NATIONAL ELDER ABUSE AND GUARDIANSHIP
VICTIMS TASKFORCE FOR CHANGE

Robert Sarhan, MD
22795 S.W. 212 Ave
Miami, Fl 33170
DrRob2007@yahoo.co
Tel.No. 305-338-6160

Bonnie Reiter
809 Par Circle
DelrayBeach,Fl 33445
bonnie.reiter@yahoo.com
Tel.No 561-502-4700
Dear ACLU,
We believe that the State of Florida is a government body which is illegally stripping the civil rights of a specific group of people, mainly the elderly, who may also have some physical disabilities. This should fall under The Americans with Disabilities Act (ADA).
The courts are forcing the elderly into an Emergency Temporary Guardianship (ETG), labeling these persons Alleged Incapacitated Person (AIP) under the guise of providing ‘assistance.’ These same courts never verify the allegations of imminent danger, who made the allegations, and why the allegations were made to the courts. Instead, the courts routinely strip the civil rights away from elders who have property, assets and income, and remand the same elders into a forced guardianship against their will. Subsequently “professional guardians” are in a position to steal assets under the guise of professional guardianship fees, with no monitoring or oversight, and are forcing these same elderly people to pay for the legal fees generated by the guardians to pay the lawyers who represent these guardians. This outrageous guardianship scheme is out of control. It is kidnapping and the carnage is not just financial: it is emotional abuse and at times results in wrongful or premature death.
It is those elders who have assets who are being denied their civil rights at the hands of a three-person panel, appointed by the courts. This panel consists of a psychiatrist, psychologist, and a lay person. These people are from a small pool, at the discretion of Judges, with no monitoring or oversight. Normal procedures which strip a person of his/her civil rights would require a court to involve a jury of people that are unbiased. The courts are therefore violating the elder’s 7th Amendment right to a trial by jury. The probate courts have substituted this constitutional right and have replaced it with a pool of people who are chosen by a judge. These judges then routinely use the same people over and over again. The fees generated by the court-appointed guardians and their attorneys are paid out of the ward’s assets, another violation of a civil right. The loss of the right to control your assets is the first major civil right that is violated by the court.
In Palm Beach County, a court-ordered psychiatrist and a psychologist are paid 300 dollars to visit an elder person for 15 minutes. No witnesses are allowed at this interview. The lay person is paid 75 dollars for their 15 minute interview. All fees are paid by the AIP. No notes, no recording, no stenographer are required to substantiate their findings. This is a clear violation of our 14th Amendment which is the Constitutional Rights of Due Process.
Their right to counsel is severed in the ETG stage, denying their right to private counsel and funds for such counsel to protect their own rights. On the simple report made by each of these three people, the elderly are routinely forced into guardianship, which strips them of all their civil rights. They are no longer allowed to make decisions concerning their own medical, housing, family, social, financial, and legal wishes. When family or friends of the adjudicated incapacitated person (AIP) attempt to stop this illegal act, they are shut down and shut out of the legal process, often being told they have no legal standing. Now even family and friends lose their civil rights to address the court. The AIP is told they cannot have their own counsel, but is forced to use the court’s counsel.
Court-appointed lawyers are often picked by their favorite judges to take cases, while at the same time having relationships which are adverse in nature to the wards. For example, a lawyer can be appointed to represent a ward they do not know, while at the same time representing the guardian in other cases, who are adverse to the AIP, which are a conflict of interest and a violation of due process. This conflict of interest is rampant in guardianship cases. Lawyers who deal with guardianship issues have dealings with various professional associations. This incestuous behavior is being encouraged and allowed by the courts, which ultimately is a violation of the 14th Amendment of due process and the 6th Amendment, a right to counsel.
Many guardianship’s begin during a process called Emergency Temporary Guardianship.
This happens when someone, anyone, comes to the court and makes accusations that some elderly person is in imminent danger. No attempt is made by the court to verify in any way that these allegations are true. ETG should be illegal for they are the number one reason why the elderly are rendered with no civil rights. ETG strips civil rights away without due process, which leaves the elderly without the assurance of legal counsel.
Very often elderly people have proper documentation and pre-need directives but the courts routinely ignore or refuse to admit these documents.
The Courts are violating the following Elder’s Constitutional Rights:
The 1st Amendment Right to Freedom of Religion, of Speech, of the Press, to Petition
and to Assemble:
The Constitutional Right to Freedom of Religion is being abused by the Courts in forced guardianship cases, as the guardians prevent the elderly from practicing their respected religion in their chosen houses of worship (Synagogue, Churches, Mosque, etc.), a violation of the Florida Statute 744.3215. The elderly are also denied the right to socialize and to congregate with their family and friends. The Courts have denied the elder’s Rights of Freedom of Speech while in the majority cases the elderly people are kept out of the courtrooms by the Guardians, denying their Right to Counsel and denying their Rights to the Courts. In the majority of these guardianship cases, the court-appointed counsel has represented the guardian previously or works together and is only their representing the Ward to ensure he/she does not have legitimate counsel that will fight for her freedom.
The 4th Amendment Right to Unreasonable Search and Seizures
The 4th Amendment of the United States Constitution gives Americans, including the elderly people, the Right to Privacy in their own homes. Guardians violate this Constitutional Right by seizing elders’ assets, selling their personal property, their homes, their jewelry, etc. If the elder has a large sum of money, the guardian will force the elder, against his/her will, to have a stranger or an ‘aide’ live in their home, charging them well over one hundred thousand dollars per year, instead of allowing a family member to care for the elderly for free. In many cases these strangers steal many belongings from the elderly. The elderly have no rights to the Courts, so they are powerless to do anything.
The 5th and 14th Amendment The Right of Due Process
The Courts violate the Elder Rights of Due Process. In over 97 % of these cases, the Courts are ordering these elderly people into forced guardianship against their will, when these people are fully competent to determine who they wish to care for them. In 1989 the Associated Press did a study of 2200 guardianship cases with the American Bar Association in which they clearly stated that these elderly people were very competent to determine who they wanted as guardians, which normally was a family member, but were denied by the courts. The Court appointed attorneys are not representing their clients, but taking these cases to ensure that these elderly people are remanded into the guardianship cases to be stripped of all their assets. In over a five year study of these guardianship cases, the court appointed attorney had a conflict of interest and should not have taken the guardianship case to represent the ward or the guardian. (For example, the attorney is representing the guardian in one case and at the same time he is also representing the ward in another case, who is adverse to that same guardian, which is a conflict of interest and a violation of the Florida Rules Regulating the Florida Bar 4-1.7.) This is a common practice which taints the entire capacity proceedings in favor of the Guardians and Attorneys to strip the elderly of all their assets.

The 6th Amendment The Right Counsel
The elderly are being forced to use court-appointed attorneys. The elder is then ruled incapacitated, stripped of all civil rights and denied the right to hire his/her own attorney. The elder is rendered helpless, with no attorney to speak for them. Congressman Claude Pepper stated: “It is a National Disgrace…that once you’re in a guardianship, it is almost impossible to get them out.”
The 7th Amendment The Right to a Jury
Since 1982 the guardianship program has failed horribly, destroying lives in the process.
In thousands of guardianship cases few, if any, elderly people were ever afforded a right to a trial by jury. The court-appointed attorney never informs the elderly person of his/her right to a jury trial.
The main power point: Judges are allowing hearings via their "roll call" and exparte petitions which set in motion the ability of probate judges to rule immediately or set a 5 minute hearing whereby the petitioner asks for a person of "age" to be placed into an ETG, thereby remanding the elder to be classified legally an AIP. These hearings are done without the potential "ward" ever being notified legally, therefore NO due process. The potential ward is being placed into the AIP status rendering them with fewer rights than felons on death row. They are stripped of their rights BEFORE they even have an appearance before the court. This unconstitutional act by the judges must be abolished immediately. Once the rights have been stripped, the "ward" is subjected to medical interviews, ordered by the court using tainted court "pools" of so called professionals. These unannounced interviews are NOT being monitored or acknowledged to the Apathies report is then used against the AIP to adjudicate their "incapacitated" status at another 5 minute hearing where again the AIP is almost NEVER allowed to attend and the process is facilitated by the complicit consent of the "court appointed" attorney ad item who is not truly representing the wishes of the ward.
In conclusion, this is the GREATEST SINGLE ABUSE OF CIVIL RIGHTS which
has affected our Parent’s generation, but will affect all generations to come. This statute is
Unconstitutional and has already destroyed many elderly lives and their families. Please allow
us to present our case to you, please, before my mother dies and becomes another
victim of premature death by chemical poisoning. We all believe in CHANGE but I need your
Help, please meet with us A.S.A.P. Robert Sarhan, M.D. 305-338-6160
THE ENTIRE PROCESS FROM START TO FINISH IS UNCONSTITUTIONAL!
LINKS:

1. Abuses in Guardianship of the Elderly and Infirm: A National Disgrace. A Report by the Chairman of the Subcommittee on Health and Long-Term Care of the Select Committee on Aging. House of Representatives, One Hundredth Congress, First Session.
http://eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED294080&ERICExtSearch_SearchType_0=no&accno=ED294080

2. The Elderly in Guardianship: A Crisis of Constitutional Proportions - Mark D. Andrews. The guardianship system is in a state of crisis as it continues to ...
elderlaw.law.uiuc.edu/issues/vol_5/num_1/ - 10k

3. Stolen Lives Thousands of older Americans are being robbed of their freedom, dignity, and life savings by a legal system created for their protection. ...
www.barryyeoman.com/articles/guardian.html - 33k - Cached - Similar pages

4. The Gulag of Guardianship The legal system that is supposed to protect our frail elderly is a national disgrace. All too often it strips them of their rights and leaves them open to financial abuse.
http://money.cnn.com/magazines/moneymag/moneymag_archive/1989/03/01/84988/index.htm

5. ESTATE OF DENIAL

http://us.mg3.mail.yahoo.com/dc/launch?.rand=eumdc17s15tka

6. Associated Press 1987, Guardianships in America, A National Disgrace
www.anthrosource.net/doi/abs/10.1525/pol.1994.17.2.65

7. National Association to stop guardian abuse
http://nasga-stopguardianabuse.blogspot.com/

8. National association to stop elderly abuse and exploitation
www.guardianabuse.blogspot.com
THANK YOU,
ROBERT SARHAN, MD AND BONNIE REITER

At What Age Should The Judge Take Away Your Civil Rights 70,75,80

2008-12-18T14:12:00.012-05:00

At what age shall I take your Civil Rights away? 70, 75, How about 80?

If it were up to the Judge's, Attorney's and Guardian's here in Miami Dade County, Florida they will strip you of all of your Civil Rights and put you in a Plenary Guardianship immediately, so they can fill their pockets with your money.

Ladies and Gentleman, I spend my time trying to inform you of the crimes that are taking place against the elderly here in Miami Dade County and South Florida. I am providing you with information, so you do not become a victim of Elderly Abuse and Exploitation. The Predators that prey on the elderly are your Probate Judge's, they are the ones that will violate your Constitutional Rights of Due Process and force you into a guardianship against your will. It will happen so fast, that you will not have the proper time to react. Before you know it, you will be able to look back and see that not only was the Judge making fraudulent decisions to ensure the professional guardian gets the case, instead of a family member, but you will be rest assured that your Constitutional Rights will be violated and you must act with days, even before you go to court. For example those three people that go to your house to see whether your are competent or capacitated, you will be ruled incapacitated, everyone is, especially those with money. How can you prevent this, don't open the door. Talk to your personal doctor, have people in the room with you at all times if they do get into your home. Don't ever let them do this without you having your own tape recorder. Have your own doctors not only write a letter that you are competent but he must also come to court. Whe you go into the court, take your own attorney that you know well, if you do not know of an attorney then don't hire one, most of these attorney's are dirty and have been corrupted, so your own attorney will sell you out. Even if you have to get an attorney from out of State get, this will be your most important step, when you hire an attorney. (most attorney's here in Miami will sell you out).

Judge Norman Gerstein Allows Elderly People to be Abused and Exploited in his Courtroom

2008-12-18T12:46:00.004-05:00

Baby Boomers watch out, the legal system of Judge's Attorney's and Guardian's want your money and they will do whatever they can to get your money. The Courtroom is nothing less than a Mockery of Justice, so prepare now so you do not become a victim. * Judge Norman Gerstein took over a fraudulent guardianship case and continued to allow the elderly person to lose all of her assets. While the case was under investigation, Norman Gerstein allows large somes of money to be extorted from the then 74 year old, Yvonne Sarhan, the victim. After the investigators found that Yvonne Sarhan Constitutional Rights were violated and that this case should be dismissed, Norman Gerstein, delayed proper procedure and swept the fraudulent activity under the rug. Gerstein stated, " He would have to check with the Florida Bar to see if this were a confilct of Interest, he never came back with an answer, but dropped out of the case. After a two year investigation we found that Judge Bruce Levy violated Yvonne Sarhan's Constitutional Rights of Due Process by allowing Enrique Zamora to represent Yvonne Sarhan when he was already representing the Emergency Temporary Guardian, Barbra Resier, an adverse party. Even after Yvonne Sarhan was ruled competent by Dr. Mario Sanchez Martinez and Dr. David Racher, Judge Bruce Levey stated, "She is not competent until I say she is competent, her rights are denied." Judge Norman Gerstein takes over the case after Judge Bruce Levy recuses himself and one Judge just supports the others, "The Good Old Boy System." Miami Dade County could be the most corrupt courthouse in the country, but I continue to fight for my mother's freedom and I ask for your help. Please lets call the new Judge Muir 305-349-7105 and tell her to release Yvonne Sarhan, the case is a fraud, Chief Judge Farina 305-349-7054, and Governor Charlie Christ 850-488-5603 and ask Charlie Christ, why don't you stop elderly abuse and exploitation here in the State of Florida.
Tags: ireport_for_cnn, cnn, obama, obama_administration, oprah, larry_king, lou_dobbs, barack, barack_obama, ireport
In response to assignment: iReport for CNN

Zamora, Hillman & Veres, Attorneys at Law

2008-12-11T17:31:00.005-05:00

Zamora, Hillman & Veres, Attorneys at Law are Unethical Attorney's Beware

Enrique Zamora was representing my mother, Yvonne Sarhan and at the sametime was representing his client Barbra Reiser, yes, a conflict of Interest. Enrique Zamora denied representing my mother and the guardian of my mother at the same time committing Fraud on the Court. Enrique Zamora help destroy my mother's life and my life as well. You see my mother Yvonne Sarhan was forced into a guardianship case, ruled incapacitated, and now the guardians,, Barbra Reiser, Vicki Brail and Attorney's Cheryl Silverman, Bonnie Cooper, Enrique Zamora, Charle Veres are stealing all her money and now her home. It is simple, the courtroom is nothing less than a mockery, the Judge's here in the Probate Court here in Miami Florida work along with the guardian's and attorney's to assist in the theft. Where in this country could an attorney represent a Plantiff and a Defendant at the same time, they can't. The same for Zamora could not legally represent my mother because he was already representing Barbra Reiser, hi client. Charles Veres was also representing my mother and throughout the whole year, Enrique Zamora and Charles Veres would not write one legal brief to protect my mother's Civil Rights. Cheryl Silverman was representing my brother who is an adverse party (meaning my mother did not want him to care for her she wanted me) and at the same time was representing Barbra Reiser. So how could this happen in a court of law, the Judge's are involved their is no other answer. Chief Judge Joseph Farina knows this happening, I talked to him and he says, I cannot help you, I am just an administrator. We went to Congressman Mario Diaz Balart he said, I am not a plumber, "I cannot come over and fix your plumbing". Yet when I talked with Lincoln Diaz Balart, he knew exaqctly what was going on in my mother's case and stated, " they rule the eldelry incapacitated, steal all their money, their homes and dump them in nursing homes to die. So if you want to hire Enrique Zamora or Charles Veres, Cheryl Silverman, Bonnie Cooper, Beware they lie in court and they will try to steal every dime you have...

Citizens' Forum On Judicial Accountability

2008-05-15T22:10:00.001-04:00

Some of the world's most prominent government whistleblowers and human rights activists will gather during the week of May 11-18, 2008 in Washington, D. C. to lobby Congress and alert the public to the need to support whistleblower protection. Part of this momentous occasion will be a historical, Citizens' Forum On Judicial Accountability.

The one (1) day event will entail an academic debate on the proper scope of judicial accountability for U. S. state and federal judges; testimony from a pre-selected panel of American citizens, apparently deprived of a fair and impartial forum for addressing their judicial misconduct allegations and/or impacted by a corresponding chilling effect ( learn more ); and the viewing of a videographed call for congressional investigation of plights facing judicial whistleblowers in America by former constitutional law professor and renowned civil rights activist, attorney Thomas N. Todd. All panelists will be guests at a mid-day luncheon.

Judges Not Inmune fromAbuse of Power

2008-05-15T20:25:00.000-04:00

The exercise of the enormous power of summary contempt requires strict compliance with statutory safeguards, including giving the accused an appropriate warning and the opportunity to desist from the supposedly contumacious conduct and preparing an order setting forth the basis for the ruling (Jud Law §§750, 755; Doyle v. Aison, 216 AD2d 634 [3d Dept 1995], lv den 87 NY2d 807 [1996]; Loeber v. Teresi, 256 AD2d 747 [3d Dept 1998]). Here, respondent not only wielded the power without reasonable basis, but failed to adhere to mandated procedures. Such conduct constitutes an abuse of the summary contempt power and warrants discipline. Matter of Teresi, 2002 Annual Report 163 (Comm. on Judicial Conduct); Matter of Meacham, 1994 Annual Report 87 (Comm. on Judicial Conduct); Matter of Recant, 2002 Annual Report 139 (Comm. on Judicial Conduct).

As an experienced judge, respondent should be familiar with statutory procedures and should understand that his duty to act in a patient, neutral, judicious manner must always take precedence over impulses arising from personal pique or offense. Here, respondent’s disregard of due process in both matters resulted in a travesty of justice and was inconsistent with the fair and proper administration of justice.

By reason of the foregoing, the Commission determines that the appropriate sanction is censure.

Mr. Goldman, Judge Ciardullo, Mr. Coffey, Ms. DiPirro, Mr. Emery, Mr. Felder, Ms. Hernandez, Judge Peters, Mr. Pope and Judge Ruderman concur as to respondent’s misconduct, except that Mr. Goldman, Judge Ciardullo, Mr. Coffey and Mr. Pope dissent as to Charge I, paragraph 5, alleging that respondent failed to prepare a mandate as required by law, and vote to dismiss the allegation.

Mr. Goldman, Judge Ciardullo, Mr. Coffey, Ms. Hernandez, Judge Peters, Mr. Pope and Judge Ruderman concur as to the sanction and vote that respondent be censured. Ms. DiPirro, Mr. Emery and Mr. Felder dissent as to the sanction and vote that respondent be removed from office.

Tyrants come in more varieties than Baskin-Robbins has flavors. The ultimate protection a free society has against a tyrant, is a judicial system that acts as the last barrier to a tyrant’s will. Therefore, it is immeasurably worse when the tyrant is the judge himself. Our sensibilities are even more offended at a time when our treasure and youth have been spent to remove a far-away tyrant on the simple premise that in the modern world, the velocity of events is such that evil in one place eventually becomes evil touching everyplace. Just as there is no small death, there is no small tyranny.

Respondent acted in tyrannical fashion. His will was the law, and to the degree that his law conflicted with the actual one, he was above the law.

I strongly believe that respondent is not fit to remain a judge. Arrogance and narcissism are not uncommon human qualities, but this judge’s sense of self is so inflated that he chose to fuel his ego by burning the fundamental rights of citizens in his courtroom. I can think of no greater transgression by a jurist entrusted with the responsibility of ensuring that justice is dispensed with basic fairness. Respondent is not just an embarrassment to his fellow jurists. He is dangerous, and he should be removed.

Source =>>

PREDATORS AT LAW, FRAUDULENT GUARDIANSHIP SCAMS

2008-04-25T18:54:00.022-04:00

INVOLVE DR. MARIO SANCHEZ MARTINEZ
UNIVERSITY OF MIAMI PSYCHIATRIST

The Predators that Prey on the Elderly are Attorney's, Enrique Zamora, Charles Veres, Cheryl Silverman, David Mangeiro, Bonnie Cooper, Brian Silverio, Harvey Rogers; Guardians Barbra Reiser and Gay Activist Vicki Brail; Judge's are Bruce Levy, Norman Gerstein, Maria Korvick, Arthur Rothenberg, Herbert Stetin, Philip Cook. Doctors: Dr. Mario Sanchez Martinez. These are officers of the court that have violated my mother's civil rights to steal our family's assets of approximately one and a half million dollars. Now if you multiply this times 50 victims per year, this is big money, and is their motive Kathleen Rundle and Mr. Centerino from the State Attoney's Office. Even the Chief Judge Joseph Farina know these crimes are occurring and does nothing.

The Predators that Prey on the Elderly are the same people that are supposed to protect them. The Judge's, Attorney's and Guardian's are all working together to Rule Elderly People Incompetent, To Steal Their Money. None of these crimes against the Elderly could take place without the Judge's Participation. The Judge's are Violating their Oath of Office, Violating the Elderly People's Civil Rights to live in Peace in Freedom. The Judge's have blatantly cross the line and would be charged with Racketeering, if the State Attorney, Kathleen Rundle would Just do her Job. I am not speaking for myself only, their are many victims here in Miami-Dade Probate Court. We have many victims daily comming forward, we want Elderly Abuse and Exploitation to stop, we want the Gaurdianship Program in the State of Florida Abolished. This Program is so Infiltrated with crime by the top members, Enrique Zamora, Barbra Reiser and Vicki Brail just to say a few names, this website is intended to Stop Crimes Against the Elderly People of Florida and around the Country, including My Mother Yvonne Sarhan.

My name is Robert Sarhan, MD, My mother has been held in a forced guardianship case for the past five years. I must first say that my mother, Yvonne Sarhan was fully competent, however, anyone with money will be ruled incompetent. All the people that I mention in this document are involved in a criminal conspiracy to rule Elderly People Incompetent to Steal their Money.

Many people that read this document and see the names of these people may be shocked, these people have infiltrated themselves in the community well. Many of these people are lawyers and judge's, however let me please remind you that "No one is above the law." I am writing this story, so I can possible prevent others lives from being destroyed and becoming victims of Guardianship Abuse and Guardianship Fraud. I am in the middle writing about our case the guardianship of Yvonne Sarhan(below) but I think it would be more important if I let you know who these Predators are, so you can better protect yourself.

This is how the Guardianship scam works. First, their is absolutely nothing legal about guardianships here in South Florida and Miami Dade County. Just because a Judge from the Probate Division signs an order, it does not make it legal. The fact is that Judge Bruce Levy, Judge Norman Gerstein, Judge Arthur Rothenberg all removed themselves from case for good reason, to protect themselves. The fact is My mother, Yvonne Sarhan case is so corrupt that it is not possible for the Judge's to be innocent or was just rubber stamping, no way. These Judge's and Judge Maria Korvick have involved themselves, with the Attorneys and Guardians in a devious scheme to rob the elderly out of their life savings their homes and their lives. Quite simple, the Judge's do not follow the law, they believe this is their courtroom and they can do whatever they wish. The Florida Statutes are not being followed and as you will soon see that this Corruption, Elderly Abuse and Exploitation, Guardianship Fraud, Guardianship Abuse could not be accomplished without the Judge's Participation. (Note: Judge Muir is fairly new to the Probate Court, I have absolutely no evidence that she is Corrupt, so please lets not condemn all Judges, because we all know their are good and bad in every profession.)

For whatever reason, usually an unsuccessful family member brings this case into the court. Usually this person is upset because the parent chose another family member to care for them and their property and all they want is the money. This is not about family problems or sibling rivalry, absolutely not. This is the Guardians excuse but far from the truth and far from legal.

This about Judge's, Attorneys and Guardian's ruling Elderly people incompetent, even though they are fully competent, to steal their money.

I have followed numerous cases over the past five years and all these cases have the same motive, the same attorneys, the same guardians, the same judge's, only the names of the victims are changed. These Predators do not only Prey of The Elderly, they prey on the family members fighting for the freedom of their mothers. These are ruthless people with no heart, no soul, no conscious, no morals, no ethics, and these people have kidnapped my mother for the past 5 years and stole approximately 700,000 dollars from myself and my mother.

My mother Yvonne Sarhan stood up in Court stating, " Your Honor if I have to have a guardian I want my son Robert, he is a medical doctor and he is a very loving and caring child." Judge Bruce Levy asked, why don't you want your son Tony, my mother stated, "My son Tony has a lot of problems." First of all, does this answer sound like my mother was incompetent, absolutely not, she was fully competent and I was never going to be my mother's guardians because, Barbra Reiser, my mothers Emergency Temporary Guardian was going to ensure that we will be railroaded into such a corrupt racketeering ring that because of the Judge's participation, even if we are legally right, the judge still rules against you. Soon you will see.

I hired Harvey Rogers to represent me, because Barbra Reiser stated I had to have an attorney to be my mothers guardian. Well, everyone where I worked thought, your a medical doctor working for the Federal Government, how could you lose, Watch.

On August 5, 2003, My attorney Harvey Rogers lied to me and my wife and stated congratulations you are now the guardian of your mother, but Judge Bruce Levy ordered you to put the house into your mothers name. He got angry when we questioned him and we signed under duress and coercion. To this day I am still fighting Harvey Rogers and it is amazing we had proof that this lawyer lied on the day of the May 16, 2007 hearing and the Judge's rule in his favor anyhow, so the corruption is not only about the Probate Judge's but extends to other Judge's, Judge Teretha Thomas and Judge Kravitz who ordered me to pay this attorney when she held documents in her hand which shows Harvey Rogers committed Extrinsic Fraud.

Barbra Reiser's Attorney David Mangeiro is important to take note, because David Mangeiro is involved with Zamora, Reiser, Gay Activist Brail, Cooper, Veres, Rogers and more will will come. You see I mentioned David Mangeiro because he talked with Harvey Rogers to get Rogers to lie to me to get me to sign the home that my mother gave me into her name so they can steal the home, which they are doing now. It was all a set up and all fraud and I hope with my partners and attorneys working together we will end guardianship fraud together.

So they lied to me, they got the house all the money and I continue to fight for my mother in the guardianship court and Federal Court. October 28, 2003 Barbar Resier writes a report which looks like a 5th grader wrote, and states so many contradictions and Judge Bruce Levy stated this is the best report I have ever read, which I do not believe he read at all. However, the report was written to back up the Judge to give guardianship to local Gay Activist Vicki Brail. remember, the Judge's Attorneys and Guardians all working together as a team to rob the elderly, I believe this is what the government calls Racketeering, however, we can't get Kathline Rundle to stop the crime, she looks the other way, she knows these crimes against the elderly are being committed but she is protecting her friends, see Florida Statute 825.103. To do what these Predators are doing to my mother is a crime 825.103 so why doesn't the State Attorney Prosecute?

Let me tell you all the conflicts, Barbra Reiser was my mothers temporary Guardian,
Enrique Zamora was my mother's attorney
Enrique Zamora was Barbra Reisers attorney also, at the same
time in the case of Laurie Savage
David Mangeiro represented Barbra Reiser
Vicki Brail is my mothers permanent Guardian
Bonnie Cooper is Vicki Brails attorney
Cheryl Silverman represents Tony Sarhan, Yvonne's and
Roberts adverse party
Cheryl Silverman represents Barbra Reiser also during the
sametime period as she represents Tony Sarhan our
adverse party
Cheryl Silverman represents Vicki Brail and Tony Sarhan at the
sametime
Barbra Reiser uses Enrique Zamora as a personal reference on
her application for guardianship of my mother
Vicki Brail uses Cheryl Silverman and Enrique Zamora as
personal reference on her application for Guardianship of my mother

There is more, However if you see these attorneys and guardians in your cases, the case is most likely fraudulent, because these attorneys and guardians, are working in numerous cases together, this is why we call this Racketeering and if the State Attorney would do her job, she would charge them with Title 18, 1962 & 1964 Racketeering. However, since these are attorneys and guardians, they are being protected. Numerous victims have gone to Kathleen Rundle and the Corruptions Department Mr Centerino and they refuse to prosecute these criminals. However, Kathleen Rundle goes after inspectors taking a bribe, but not after Judges Attorneys and Guardians robbing the elderly, amazing. If you go into the Probate Court here in Miami, the Judge's, Attorney"s and Guardian's are so Blatant about these crimes, they don't try to hide it, because they know Katleen Rundle looks the other way, while the families suffer.

So how was I going to win if my mother's attorney Zamora was representing the guardian and my mother. Zamora did not write one motion in support of my mothers wishes. Zamora was brought into the case to ensure my mother did not have legal representation. Zamora did not file an objection to Barbra Reiser's fraudulent report, because he would be fighting his own client. The Florida Bar, Arlene Sankel states, Zamora did nothing wrong, we are all not as stupid as you think Ms Sankle. My own attorney Harvey Rogers joined the other side, sold out his client and did not file an objection to Reiser Fraudulent report either.

On December 2, 2003, my own attorney Harvey Rogers fails to show up to the hearing for permanent guardian appointment. Later Rogers stated he did not show up because I told him not too. If this were true, why did Harvey Rogers send me two letters before the hearing and after the hearing stating, how would you like to proceed. Local Gay Activist Vicki Brail was named permanent Guardian.

I started reading the law books at the University of Miami, my only mistake, I should have read them 3 months before this case ever started.

I filed a suggestion of Capacity on February 5, 2004 and on March 10, 2004, I took my mother to the Court Appointed Psychiatrist and Dr. Mario Sanchez Martinez at the University of Miami ruled my mother competent. Nine days later, I took my mother to DR. David Racher a Board Certified Neurologist at Baptist Hospital and this doctor ruled my mother competent with good judgment and Insight at this time. We then went back to court and I requested my mothers rights restored and I ask Judge Bruce Levy, can you please give my mothers rights back, both doctors ruled my mother competent? Judge Bruce Levy stated, "she is not competent until I say she is competent, denied." Judge Bruce Levy Recuses himself 2 weeks later.

Can you believe the criminal behavior that takes place in the court, please read on, now we are going to see who joins the group of Corrupt Judge's Corrupt Attorneys, Corrupt Guardians and now Corrupt Doctors, yes I am sorry to say.

On August 3, 2004, their was an evidentiary hearing, it was nothing less than a mockery and the Judge Shapiro who passed away that year was definitely involved in this corruption. The judge allowed my mother to be shoved in a corner and then Bonnie Cooper put her chair in front of my mother, I could not believe this was happening it was a joke and a miscarriage of Justice. The abuse that they put my mother through was something that I have to bear the pain for the rest of my life. Dr Mario Sanchez Martinez calls in on the phone for the hearing, Dr. Martinez stated that Yvonne is incompetent, what? He ruled my mother competent in March 2004 what happened? I crossed examine the doctor when it was my turn and I had brought the Neurologist in to the hearing to testify in my mothers behalf.

I asked Dr. Martinez, when is the first time you seen my mother, he said October 2003. At that time I knew Dr. Martinez was lying so I continued, and I asked was she competent and he said yes. However, the first time he seen my mother was March 10, 2004. So I asked, when is the next time you seen my mother, he said June 2004. I asked so your absolutely sure you seen her in October of 2003, he sadi yes. So then you seen her again in june of 2004 and you ruled her incompetent, yes he said. I asked him, Dr. Martinez, why are you lying, you never seen my mother in October 2003, the first time you seen her was on March 10 2004 so for what other reason for fowl play would you see my mother 2 months later. So you see, the guardians or attorneys paid or told Dr. Martinez you have to change your report to incompetent, although I have never seen the new report. So my mother was ruled competent on March 10 2004 and Dr. Martinez stated October so he could show a longer time span for my mother to lose her competency, so the guardians and attorneys can steal her money. Dr. Mario Sanchez Martinez ruled my mother competent on March 10, 2004 and the guardains made him change the report, however I have never seen the report, but I have the old one he signed stated she was competent. So you see the web gets bigger and now you have the original doctors that go out to the house that falsify reports and now a Board Certified Psychiatrist at the University of Miami falsifies his testimony. It really diod not matter that I brought this neurologist, as long as the Judges Are corrupt, you will never win even if you are legally right. Cooper wrote an order for me and my son who was just born weere no longer aloud to see my mother, my mother was thereby deprived of her right to see her own grandson for 15 months.

Judge Norman Gerstein takes over the case. In April of 2005, after a careful invesigation in other guardianship cases, with other victims, we found all the conflicts of interest in the above. So I filed a motion to remove guardians on grounds of Conflicts of Interest. I thought Jackpot. How could anyone lose this, watch. Judge Norman Gerstein refused to hear my motion, I filed on June 8, 2005 he refued to hear muy motion and wanted my mother reevaluated by a doctor, why? Their was no reason, we stated that my mother did not have the right of due process becasue Zamora was representing my mother and the guardian of my mother at the same time. We had to wait till January 9, 2006 7 months later.

On January 9, 2006, Judge Norman Gerstein tried to shut me up and I stated on record, that Enrique Zamora was representing my mother and the guardian of my mother at the same time. My mother did nit have the right of due process and my mother is entitled to get her rights back. Juidge Norman Gerstein stated, "well Dr. Sarhan, I will have to check with the Florida Bar to see if this is a conflict of Interest and he ended the hearing. Three months later, we had another hearing and Judge Norman Gerstein stated to my attorney Howard Scott, I ruled against your client, why didn't you sign the order, Howard Scott stated, "you were going to check with the Florida Bar to see if this was a conflict of Interest, he said but I ruled against your client.
I will check with the Bar Counsel, I tried to speak and he stated, I already ruled. If Judge Norman Gerstein has to check with the Florida Bar, to see if Zamora who was representing my mother and the guardian of my mother at the sametime, then he should get a job at publics because when I told the young lady cashier she stated that is a conflict of interest. Remember, Cheryl Siolverman was representing my mothers guardian Barbra Reiser and Vicki Brail at the same time she was representing our adverse party. Two weeks later Norman Gerstein recuses himself off my case.

Guardians are supposed to be a neutral party, in this case guardians were not neutral because they both used Cheryl Silverman as an attorney as my brother who brought this case into the court, another conflcit, to many conflcits and the same in many of these cases.

Note: Zamora, Reiser, Brail,, Silverman, Mangeiro, Cooper, Vers and may others new about these conflicts and as officers of the court had to come forward with these conflcits and failed to do so, to continue to defraud my mother and myself out of one and a half million dollars.

Judge Arthur Rothenberg, refuses to hear our motions. We file an appeal. However, they file an exparte order and state I am not an interested party, which is illegal but Judge Rothenberg signs anything the guardians put s in front of him. From here on out I stayed out of court because the Judge states I am noit an interested party, howevre the Florida Suprmem Court states different. Like I said these Judge's are corrupt and belong in prison but the state attorneyis protecting them, this is why they continue to rob the elderly and destroy so many lives.

In short, we have a new judge, I will pray she will be strong enough for her to give my mother back to me before they try to kill her. They put my mother on Seroquel used for Schizophrenia and Bipolar disorders, It states on the insert, it shoudl not be used by the elderly and can cause sudden death. My mother does not have Schizophrenia or Bipolar disorder. If they kill my mother I don't know what I will do. These Officers of the Court have destroyed so many lives. The Judges abuse theri power yet, the State Attorney looks the other way. Miami Dade Police Corruption states, " we know their is a problem, but what can we do if the State Attorney refuses to Prosectute this Judge's attorneys and Guardians. The Governor of the State of Florida Charlie Christ, Congressman Lincoln Diaz Balart, Congressman Mario Diaz Balart, Department of Elder Affairs and Kathleen Rundles office know these crimes are taking place and allow the crimes to continue, their is no Justice here in Miami dadae County. If the State Attporney won't prosecute than the Judges have nothing to fear. Our Go=vernor, Our attorney General knows these crimes are taking place against these vulnerable elderly people and they look the other way, so what do we do? Please write the Governor of the State of Florida, write Kathleen Rundkle and your State Senators and tell them we want the Judge's Attorneys and Guardians put in Jail , the guardianship business closed down permanentlyand the crimes against the elderly stopped. We want our elderly people to live their life in peace without the threat of Predators like these Predators you have read in my story, Thank You for Reading

There are many cases here in Miami, where good caring daughter and sons are being denied to care for their mother until the Judges, Attorneys and Guardians steal all their money, then they give back the mother, who traumatized and abused, all for the love of MONEY.

rsarhan@bellsouth.net

Dr. Robert Sarhan Gets His Day In Court

2008-04-19T07:00:00.028-04:00

- Miami, Florida USA.

Well, did Dr. Robert Sarhan get his day in Court on April 17,2004? -

{"Dr. Robert Sarhan was very well prepared for this hearing and we will make his briefs available for your viewing as soon as they become available to us."}

Dr. Sarhan was thrown a "vicious curve-ball" right off the bat, as Dr. Sarhan was told that the Appellate Court was subject to Florida Rules of Appellate Procedure specifically (3) Motions relating to oral argument, rule 9.320.

RULE 9.320. ORAL ARGUMENT - Oral argument may be permitted in any proceeding. A request for oral argument shall be a separate document served by a party not later than the time the last brief of that party is due.

[Each side will be allowed 20 minutes for oral argument, except in capital cases in which each side will be allowed 30 minutes.] On its own motion or that of a party, the court may require, limit, expand, or dispense with oral argument.

Dr. Sarhan was under the impression that he had 20 minutes as stated in the rules 9.320,

but Dr. Sarhan soon found that the judge only allowed him 10 minutes.

He said that he had prepared for the twenty minutes allotted to present his oral argument, and the Honorable Judges (3) said; "Not in this court", "Maybe in the 3rd District Court of Appeals, but not here"! and then proceeded to walk out on Dr. Sarhan while he was still making his argument.

Dr. Sarhan was surrounded by other elders who felt that they have been victimized by the system as well, and several senior members of E.A. were also present to show him support.

Dr. Sarhan was objecting to a $15,000 legal bill on behalf of his attorney Harvey Rogers. The bill started out at 1500 and grew to 15,000 which is under dispute. Does this mean if an attorney lies to his client, destroys his case on purpose, committing Extrinsic Fraud, sold his client out to the opposing party, never shows up to court, and I still have to pay his fees.

Attorney Harvey D. Rogers seemed very upset at being brought up on this matter, and was shocked to see so many supporters present for Dr. Sarhan's hearing.

So much so, that as we were all walking toward the elevator, Harvey D. Rogers started yelling at the ladies that came to show their support for Dr. Sarhan, and to support their own cause to end Elder Financial Abuse and Exploitation.

Harvey D. Rogers started calling these elderly ladies names, he used the word "trash" on more than several occasions, and also continued saying "What a Bunch of Jerks."

One of the elderly ladies present took offense to the rude comments and said;

- Miami, Florida USA.

Well, did Dr. Robert Sarhan get his day in Court on April 17,2004? -

{"Dr. Robert Sarhan was very well prepared for this hearing and we will make his briefs available for your viewing as soon as they become available to us."}

Dr. Sarhan was thrown a "vicious curve-ball" right off the bat, as Dr. Sarhan was told that the Appellate Court was subject to Florida Rules of Appellate Procedure specifically (3) Motions relating to oral argument, rule 9.320.

RULE 9.320. ORAL ARGUMENT - Oral argument may be permitted in any proceeding. A request for oral argument shall be a separate document served by a party not later than the time the last brief of that party is due.

[Each side will be allowed 20 minutes for oral argument, except in capital cases in which each side will be allowed 30 minutes.] On its own motion or that of a party, the court may require, limit, expand, or dispense with oral argument.

Dr. Sarhan was under the impression that he had 20 minutes as stated in the rules 9.320,
but Dr. Sarhan soon found that the judge only allowed him 10 minutes.

He said that he had prepared for the twenty minutes allotted to present his oral argument, and the Honorable Judges (3) said; "Not in this court", "Maybe in the 3rd District Court of Appeals, but not here"! and then proceeded to walk out on Dr. Sarhan while he was still making his argument.

Dr. Sarhan and several families from different organizations such as The National Association to Stop Guardian Abuse (NASGA) and other independent observers.

In Dr's Sarhan own words, a description of what took place;

"He stated, "congratulations you are now the guardian of your mother but Judge Bruce Levy ordered you to sign this quit claim deed, deeding my home that my mother gave me into the guardianship of my mother. In October we found out that Rogers lied, we never won the Guardianship case of my mother and the Judge never ordered us to sign a quit claim deed."

"Rogers never objected to the fraudulent report that Barbra Reiser wrote and he never showed up to court of December 2, 2003 for whom would be the permanent guardian of my mother, for reasons of why I hired him. "

It is amazing to me, if I were to lie in court as much as Harvey Rogers, I would be held in contempt and jailed for 6 months at minimum. However, Rogers lies to his client, lies to the Judges and the Florida Bar does absolutely nothing, but protect the attorneys who lie and destroy their clients cases.

Here on May 16, 2007, Harvey Rogers stated that he did not receive my motion until yesterday by express mail, which would of been May 15, 2007. However, Harvey Rogers lied to Judge Thomas, at that very moment I had the United States Post Office tracking report stating that he recieved my motion on May 14, 2007 at 3:25 p.m.. He lied so that the Judge would throw out my motion for not being timely, and she did refuse to hear my motion. However, the tracking report showed that Rogers lied committing Fraud on the Court.

The whole idea is, this lawyers lies constantly in the courtroom and the Judges treats him like his buddy. It seems that the legal system, is not really a legal system at all. You have elderly people being ruled incompetent when they are fully competent, so these attorneys and guardians can steal there money.

I have always said, that the Judge's Attorneys and Guardians are ruling the elderly people incompetent to steal there money, when these vulnerable citizen are very competent. It is a dirty crime by dirty people plagueing this country and I intend to stop this crime. First I will start with my mother and then with every mother in this country.

Please join me and stop elderly abuse and exploitation.

by Dr. R .Sarhan

Attorney Harvey D. Rogers seemed very upset at being brought up on this matter, and was shocked to see so many supporters present for Dr. Sarhan's hearing.

So much so, that as we were all walking toward the elevator, Harvey D. Rogers started yelling at the ladies that came to show their support for Dr. Sarhan, and to support their own cause to end Elder Financial Abuse and Exploitation.

Harvey D. Rogers started calling these elderly ladies names, he used the word "trash" on more than several occasions, and also continued saying "What a Bunch of Jerks."

One of the elderly ladies present took offense to the rude comments and said; "I rather be a jerk than a thief", at which Mr. Harvey D. Rogers seem to be in fear of the lady in the wheel chair, whose voice was the loudest heard and he proceeded to call for police officers to escort him out of the building.

Of course this was a waste of taxpayers money, as the hearing was unfairly shortened on time, and the childish tantrum that Mr. Harvey D. Rogers threw, both actions were not worthy of the decorum of a professional in a Higher Court.

It was clear to all, that the elderly ladies never presented any threats or danger to Mr. Harvey D. Rogers, who was more than provoking and taunting.

Although every single one of these victims has paid ungodly sums of money in legal fees in desperation, thinking that these people (judges) could liberate their parents from the living-hell called "Forced Guardianship," we just may be just that; "Jerks" to believe that the judges would even care.

Do these victims deserve their lives destroyed and their parent's hard earned savings taken away?

Many of them are "barely making ends meet" in taking care of their elder parents, so now when you add to that, the "uncalled for" legal fees, you are commuting a death sentence on the elder and "destroying that elder families," heirs , children and grandchildren, whose lives are often traumatized by the forced and improperly imposed guardianship's.

These ladies are the "S0-Called Jerks" that Attorney Harvey D. Rogers was referring to,..

You can Email Attorney Harvey D. Rogers and let him know how you feel about him calling these sweet ladies "Jerks"- Here: rogerslaw1@aol.com

Please click to enlarge:

DON'T WAIT TO FILE COMPLAINTS AT THE STATE BAR AGAINST ATTORNEYS

2008-04-19T06:55:00.001-04:00

By Donie Vanitzian (View author info)

Dogged persistence is the key to filing attorney complaints. Let's face it--attorneys don't want to be scrutinized! Not by the bar. Not by the public. Not by the courts. Not by the media. Not by their clients. Not by opposing counsel.

There is an element of performing an important public service when filing complaints against attorneys that have "acted improperly" (the Bar's words, not mine). Because, in my opinion, the State Bar has failed miserably in policing its own, the public must take pains to make their sentiments known, not once, but over and over and over again without fail.

One way to accomplish that is to file complaints with the State Bar against errant attorneys--and keep filing them.YOU DO NOT HAVE TO HIRE THE ATTORNEY IN ORDER TO FILE A COMPLAINT AGAINST HIM OR HER

This means, if you believe that the association's attorney or the management company's attorney for that matter, has violated rules of professional responsibility, or some other statute, or has been unethical, you CAN file a complaint against that ass attorney or management company attorney with the State Bar.

From the consumer's point of view, the worst that can happen is that the Bar informs you there is no case. But they will READ your complaint and consider it without charging you a fee. This appears to be one time where your tax dollars are at work, take advantage of it.Remember, if the complaint has no merit, the Bar will write you back and tell you.

REGISTERING A COMPLAINT Do not be intimidated. Do not back down. Just do it.Obtain a complaint form from the Bar's website:in California

http://www.calbar.ca.gov/ In Florida Click Here=>>

ARE YOU THE ATTORNEY'S NEW BEST FRIEND?.For every complaint against an attorney that does NOT get filed, you become that attorney's new best friend.

Basically, reasons for not filing complaints against ass attorneys typically amount to a combination of fear and laziness on behalf of the owner. Understandably exhausted from the ordeal leading up to even "considering" the filing of a complaint in the first place, one's hands go up in the air, the file goes in a bottom drawer or in the trash, and such lawyers make a slick getaway.

Waiting to file a complaint at the Bar does not make the situation better. Waiting to file is not the same as waiting for a fine wine to age."Waiting" MAY prejudice you or if there is a statute of limitations, it may run out.

Though not referred to in these terms at the Bar, an unspoken inference might be, you waited so long YOU LOOK GUILTY. "What took you so long to complain?" "Why did you stay with your attorney if you were not happy?" "Why didn't you make your displeasure known to your attorney early on?" "Did you ask your attorney for a refund?" "Why didn't you fire him?"

A QUICK WORD ABOUT THE AMERICAN BAR ASSOCIATION"Defending Liberty - Pursuing Justice" is the motto of the American Bar Association. Owners are not limited to filing a complaint only at the State Bar, you can also file a complaint with the American Bar Association (ABA) (http://www.abanet.org

Judicial/Attorney Misconduct*

2008-04-18T06:30:00.000-04:00

Following are some of the attorneys, law firms, or judges who have been reported to have been disciplined by the State of Florida for unethical conduct, may reside in the State of Florida but was disciplined in another jurisdiction, indicted, sued for malpractice, arrested, incarcerated, whom we understand have been charged with unethical and/or criminal conduct, have violated the Supreme Law of the Land, have engaged in conduct which tends to defeat the administration of justice, or to bring the courts and the legal business into disrepute, etc.

Here =>>

Congressman Mario Diaz Balart - Helpless to Assist Abused South Florida Elders?

2008-04-17T07:00:00.000-04:00

Congressman Mario Diaz Balart said that Elder Abuse is a "State Matter" but that he was unable to sponsor or write any bills condemning the on-going epidemic of elder abuse that is affecting so many elders in South Florida and in other communities in the Nation.

Elder Financial Abuse is a plight that is spreading throughout all of Florida's communities with an alarming immunity!

Senior members of ElderAbuseHelp.Org accompanied Dr.Robert Sarhan to Congressman Balart's office in Miami, Florida in order to plead for help in his well documented case of elder financial abuse involving his elderly mother.

Dr. Robert Sarhan recently granted ElderAbuseHelp.Org an interview as to the nature and outcome of his meeting with Congressman Mario Diaz Balart, during which the Congressman repeatedly asked Dr. Sarhan; "What do you want me to do ?"

Dr. Sarhan expressively asked the Congressman for E.A. to be present during the meeting and the Congressman denied E.A. access to the meeting and only spoke with Dr. Sarhan.

--------------------------------

E.A. - Good evening Dr. Sarhan, and thank you for granting E.A. an interview with you concerning your recent meeting with Congressman Mario Diaz Balart.

Dr. Sarhan - Thank you, and you are quite welcome.

E.A. - First of all, what was the purpose of your interview with Congressman Balart?

Dr. Sarhan - To make him aware of elderly abuse and guardian exploitation in South Florida as well as around the entire State of Florida, and to discuss with him the fraud and abuse that has been taking place in many local guardianship cases in his district and throughout all of Florida.

I wanted to express to the Congressman the urgency to protect these elderly people from abuse and exploitation here in Miami and to show him what is taking place in our local courts.

I then showed him documents that clearly showed a pattern of racketeering schemes which involved local Judges, Attorneys and Guardians that rule elderly people incompetent so as to steal their money.

I was petitioning the Congressman to take action, as special legislation needs to be made to stop elder guardian abuse and exploitation here in the South Florida.

For instance, in my situation, I showed him documents that clearly proved that my mother, Yvonne Sarhan was forced into a guardianship and her civil rights were taken away from her.

I told Congressman Balart that her guardian case needs to end and that my mothers civil rights need to be restored, especially since she was deemed competent by several court appointed professionals and yet she remains in a forced guardianship.

I spent almost an hour explaining the evidence to the Congressman that the Judges, Attorneys and Guardians are all working together to extort millions of dollars from elderly people and I showed the Congressman documentation to back up that up.

E.A. - Dr. Sarhan, how much time did you spend trying to get a meeting with Congressman Balart?

Dr. Sarhan - I have been trying to work with his office for over two and a half to three years to try to get help from his office in order to help my mother get out of her improperly established Guardianship and to restore her civil rights.

When I first contacted him, he only wrote a couple of letters to Katherine Fernandez Rundle, of the State Attorneys office, which in my opinion has clearly accomplished nothing since there has been nothing done about this serious issue as of yet.

E. A. - When you were finally granted a meeting with Congressman Mario Diaz Balart, did you feel that ElderAbuseHelp.Org was instrumental in obtaining your interview with the Congressman?

Dr. Sarhan - Absolutely, I don't believe I was going to be granted a meeting unless E.A. printed the letter requesting this meeting.

E.A. - How were you received at the Congressman's office?

Dr. Sarhan - I was greeted very nicely, they wanted me to sign in and establish that I was in the Congressman's district, and there were two security agents present that checked my brief case and then escorted me to the Congressman's office and then once the meeting was over they both escorted me out of the back door of the Congressman's office.

E.A. - Did you make any specific requests of Congressman Mario Diaz Balart?

Dr. Sarhan - Yes, I requested that several of the senior members of E.A. be allowed in the meeting with me as witnesses and to be there to help clarify the issues of elder abuse and elder financial abuse, however that request was denied by the Congressman.

E.A. - Did the Congressman offer you a reason for denying the attendance of the members of ELDERABUSEHELP.ORG?

Dr. Sarhan - The Congressman stated that he had 800,000 people in his district and that he could only meet with people that were part of his district.
I explained to the Congressman that they were not here to speak unless he wanted clarification on the issue of elder abuse and judicial fraud concerning elder guardianship, and that I wanted them to be a witness to this meeting, but he just said; "No."

E.A. - O.k., so now what steps had you taken before you went to Congressman Mario Diaz Balart for help?

Dr. Sarhan - I had gone to Katherine Fernandez Rundle at the State Attorneys office many times and asked for help, but it seems that Katherine Rundle knows about the elder abuse and exploitation and looks the other way while these crimes are being committed regarding the fraud and the racketeering involving the courts and court appointed guardians.

I and others believe that by her looking the other way and not stopping this elder abuse, that she knows the Judges, and the attorneys, and knows the guardians and just looks the other way while these people destroy lives and rob the elderly and their families of every dime that they have ever earned and all that they have saved.

We also believe she knows exactly what is happening in the probate courts and looks the other way, and so that is the problem. When dealing with Katherine Rundle, you will find that she will only forward documents to the Guardian Association who are complicit in stealing millions of dollars from elderly people.

I believe that the job of the State Attorney is to put criminals away, yet it seems that since there is no measure of accountability for their actions, the Judges, Attorneys and Guardians feel that they are above the law.

The Judicial System is supposed to work on the behalf of protecting our elders, but this is what happens when you have corruption in the system and it is very very difficult to get help when you have corrupt judges.

This is why Attorneys and Guardians are robbing these elders at an alarming rate because they know that there is no one to help us them or the victim's family. There is nobody watching while they are making millions of dollars by placing elders in improper guardianship's contrary to the spirit of Guardianship Laws which were put in place to protect elders and their families under certain circumstances.

E.A. - How did the Congressman react to your concerns regarding this issue of elder abuse by the courts and forced guardianship's and the alleged judicial corruption?

Dr. Sarhan - Well , I first handed him an article by the title; " Stolen Lives" by Ines Carr and then we went on to the medical reports showing that my mother was competent yet she was deemed by the court incompetent. They are ruling elderly people incompetent in order to steal their money, and I showed and read from each document, reports from doctors in which my mother clearly stated that she was happy with the care she was receiving from me, her son, Robert Sarhan and the Doctors were all very impressed by the care that my mother, Yvonne Sarhan received from me.

E.A. - In other words, your mother Yvonne Sarhan had already decided long ago whom she trusted to take care of her in the event that she became incapacitated?

Dr. Sarhan - Yes, absolutely! She had advance directives and a durable power of attorney. These are documents that are prepared specifically to avoid these types of situations where a stranger is appointed by a court and takes over an elders assets and then bills the elderly person down to their last few dollars.

E.A. - Did you leave Congressman Balart with any documents as part of your presentation?

Dr. Sarhan - Yes, I wanted to show the congressman that we had a clear case of elder abuse and exploitation so I left him with documents that clearly showed that the attorney that was representing my mother, was also representing the guardian at the same time. When we asked the lawyer representing my mother if he was also representing the guardian he denied it, therefore, he was misleading and committing fraud on the court.

So it was important to give him those documents to show him that indeed fraud and corruption is taking place and is a widespread problem not only in my mother's case but in many cases locally by the misuse of power in the probate courts.

E.A. - How did the Congressman react to your presentation of the facts?

Dr. Sarhan - Congressman Mario Diaz Balart asked me; "What do you want me do to?"

He told me that he did not have much power to do anything, and that he would write some letters to Katherine Rundle, the State Attorney and suggested that I write a bill to protect the elders and submit it to him for consideration.

E.A. - Once he went over the information with you, did you leave him any hard copy and or muti-media materials?

Dr. Sarhan - I left him with documents of my mothers mental examinations that show her competent and I left him documents that showed him fraud and corruption in regards to my mothers case. I also left him a copy of a video documentaries from various news an TV channels that were documenting cases of guardianship abuse and corruption committed upon the elderly people of our country.

E.A. - As the meeting with Congressman Balart was coming to a close, and after you told him everything that you knew about this problem, how did you feel when the Congressman said that there was nothing that he could do for you?

Dr. Sarhan - I was very disappointed! I felt that the Congressman took the time to review my material and evidence and that he realized that this is a very serious case of elderly exploitation, but he left me feeling as if he wasn't going to help. Don't get me wrong, I was grateful that he granted the meeting, but I felt he would just give a letter to the States Attorney and I would be back at square one again. The Congressman was simply saying that he could do nothing and did not have the power to introduce any special legislation!

He also told me to talk to my State Senator. Well, I had already sent a packet before to the Senator, but they never responded, then when I called my State Senator later, his assistant said he had it on his desk for months but didn't know what t0 do with it!
My zip code is 33170 and he sent me to two Senators that I wrote to but never heard back from either.

E.A. - How did the meeting end?

Dr. Sarhan - I pleaded over and over again to the Congressman, asking if he could write some kind of special legislature such as the "Palm Sunday Compromise" in the Terry Shiver case to get my mother out of this fraudulent guardianship case and back home where she belongs, but he said said he did not have the power to do that.

He said he could not help me, the only thing he could do was write a letter to the State Attorney.

E.A. - Well, thank you Dr. Sarhan.
Now may we contact you in the future for any follow up information regarding this issue?

Dr. Sarhan - Yes, absolutely!

E.A. - Great, that would be greatly appreciated by the members of E.A. and our readers as well!

Dr. Sarhan - Thank you E.A. for all of your help and support and without this organization, I believe I would have never gotten very far and thousands of your readers would never know that they were not alone in elderly abuse and the fraud we all refer to as a National Epidemic concerning the Elderly Citizens of this Great Nation.

--------------------------------

Editor's notes:

"We looked up Congressman Mario Diaz Balart's records on his web site and he has already sponsored H.Res. 995 (introduced 2/25/08) Commemorating the 12th anniversary of the 1996 shooting down of 2 unarmed Brothers to the Rescue civilian aircraft, licensed by the United States, by the Cuban regime.
He also has sponsored H.Con.Res. 260 (introduced 11/15/07) Condemning the kidnapping and hostage-taking of 3 United States citizens for over 4 years by the Revolutionary Armed Forces of Colombia (FARC), and demanding their immediate and unconditional release.
Yet, he seems to be unable to intervene in the corrupt practice of declaring elder people incompetent in order to separate them from their families, their wealth, and thus destroying their lives, their families and anyone that stands in the way of this practice."
In Brake v. Murphy, 736 So.2d 745
(Fla. 3d DCA 1999), wherein the Third District, in reversing an order awarding attorney’s fees, states "probate court has become repugnant to a great many citizens."
--------------------------------------

Recent Comments :
A Congressman and the FBI said they could not do anything about this? I am assuming this means the letters that I am in the process of writing about the corruption here are going to yet again fall on deaf ears?What's the point of the National Association of Elder Law and Attorneys then?
In the United States?
Abuse and Neglect is okay as long as your not drowning your puppydog?I do not have the mindset to comprehend the statements you heard made by the Congressman and the FBI.
I would like to know this Congressman's name and the reasoning behind his comments?
Thank you..
Angela imangeiam@aol.com

THE TRUE STORY OF YVONNE SARHAN

2008-04-15T10:00:00.001-04:00

The very people that are supposed to protect the Elderly are the very people that are robbing them, destroying there lives and in numerous cases, killing these elderly people, for the "Love Of Money."

My name is Dr. Robert Sarhan, this is a true story about Elderly Abuse and Exploitation of my mother, Yvonne Sarhan. The perpetrators of this heinous crime, the Miami-Dade County Probate Court Judge's, Attorney's and Guardian's. What I am about to say is not only about my case, but is almost identical to every case plagueing this country today, the only differences are, the names of the victims and perpetrators, have been changed.

How Could this Happen in America?

In most families one of the children is usually an under achiever or is unsuccessful and has low self esteem, such as my brother, Tony Sarhan. He was stealling from my father for many years, we owned a gas station here in Miami, Florida, where my brother worked for my father. My father died in a car accident on December 3, 1995, my brother moved in with my mother to save money on an apartment, since he was divorced and living alone. The neighbors and employees at our gas station called me and complained about my brothers behavior, spending my mother's money, never home, the house falling in a state of disrepair and more. I went to my mother's home and I asked my mother, what is going on here, she told me that my brother was taking all her money, I want you to stop him, come here and live with me. I said o.k..

I moved in, told my brother to leave, and asked I asked my mother, where is all your money, she said he took a lot, the rest is in annuities. My mother put her house in my name to protect and ensure she would live their for the rest of her life. However, soon you will see, how my promises to my mother would be broken and how our legal system is not a sytem at all. Many people may not believe what I am about to say, only the people that have been in guardianship cases in this country will believe, however, this is the truth, so help me GOD.

On January 8, 2003, my mother did a quit claim deed her home to me, to protect it and after she is gone I were to do as I please, since my mother was very dissappointed in her son Tony and did not trust him. I was living with my mother and she was all smiles, I am an excellent cook and I make a lot of jokes and my mom laughs at all of them. My mother has a great personality and never says a bad thing to anyone, she is a very good person that does not deserve what these Predators that Prey on the Elderly have done to her.

In June of 2003 my brother filed for my mother to have a guardian, immediately, my brothers attorney Cheryl Silverman froze my mother's assets and soon our horror story Begins. My brother stated, "if I am not going to be in charge of the money, no one will." Barbra Reiser was appointed as an Emergency Temporary Guardian (ETG) and Enrique Zamora was ordered to be my mother's court appointed attorney. I was told by the Guardian, Barbra Reiser that I had to have an attorney to be my mother's guardian, so I hired an attorney named, Harvey Rogers. Soon you will see, that was all a formailty, because I was never going to be my mother's guardian, because Barbra Reiser, Enrique Zamora, Cheryl Silverman and all others wanted my mother's money; and they would do anything illegal and unethical to get that money, and they have, and now they are stealing the home, that I was supposed to protect, I am sorry mom.

I will stop here and tell you what we found out, while this case was in the second year of litigation. Meritza Torrent, Michael Tristani, and myself all victims of Guardianship Fraud went down to the Miami-Dade County Courthouse, Probate Division records department and pulled 13 records that Barbra Reiser (ETG) was involved in. This is what we found:

1. Enrique Zamora was not on the Probate Wheel in violation of Rule 99-12. Which means Judge Bruce Levy violated this Rule 99-12 to bring Enrique Zamora into the case to ensure my mother, Yvonne Sarhan, did not have legal representation, so they could ensure my mother would be ruled incompetent, even though she was very competent as you will soon see.

2. Enrique Zamora was representing my mother, Yvonne Sarhan and at the same time, Enrique Zamora was representing Barbra Reiser (ETG) in another case, the case of Laurie Savage. So Enrique Zamora was representing my mother, Yvonne Sarhan at the same time he was representing, Barbra Reiser, an adverse party of my mother, since my mother wanted me, her son Dr. Robert Sarhan, as her Guardian, if she was ordered to have a guardian.

3. Enrique Zamora denied representing my mother Yvonne Sarhan and Barbra Reiser at the same time. Enrique Zamora lied , we had certified copies from the Court proving he was representing Barbra Reiser at the same time he was representing my mother.

4. Enrique Zamora would not write one motion in support of my mother's wishes, he sat there in the courtroom and watch my mother being attacked and ruled incompetent, when she was fully competent, and he knew this, soon you will see how the Florida bar would protect Zamora.

5. Cheryl Silverman, my brother's attorney, who is an adverse party, because my mother wanted these people out of her life, including my brother; was also representing Barbra Reiser at the same time she was representing my brother in the Estella Torrent Case.

6. Therefore Cheryl Silverman was representing Tony Sarhan and Barbra Reiser the Emergency Temporary Guardian at the same time, when the Emergency Temporary Guardian was supposed to be a neutral party, can you believe this, no, there is more.

7. Vicki Brail the permanent Guardian of my mother, was given the guardianship on December 2, 2003. Cheryl Silverman was also representing Vicki Brail in other on going cases.

8. Barbra Reiser uses Enrique Zamora as a personal reference on her application for guardianship of my mother. Vicki Brail uses Enrique Zamora and Cheryl Silverman as personal reference on her application for guardianship of my mother.

9. All this was a secret and once I found out about all this Collusion and Conspiracy to defraud the elderly, I thought I should win and get my mother out of this nightmare, but you will soon see how corrupt the legal system is and how the Florida Bar protects these Predators.

10. Remember, no one ever came forward and told us about these conflicts, we found out by doing research. Although, I was not supposed find out this information, the Judge's sweep it under the table, and soon you will see how they cover for each other and we fight for my mother's freedom, because kidnapping and Elderly Abuse and Exploitation is a crime and I want my mother back.

We jumped ahead and told you what we found but there is more, so let me take you back to June of 2003.

Become A Guardian Earn Up to $400 per Hour

2008-04-15T07:00:00.006-04:00

Become a Guardian, Earn Big Bucks !

Registration for the training is $15. Anyone becoming a guardian or a conservator must take the class within 90 days of their court date, said Mary Ann Holland, the extension educator at the University of Nebraska Lincoln Extension. The training session educates people on the duties and responsibilities of being a guardian."Guardianship may be needed when an adult is no longer able to manage his or her affairs or becomes incapacitated due to an illness or injury," Holland said. "This may be a temporary appointment, or a guardian may be appointed to make decisions for only certain areas in the ward's life.

"There may be more than one guardian appointed, say one that makes decisions about the Ward's physical needs and a second guardian that has jurisdiction over only the financial area." Guardianship should only be used when necessary because guardians have a lot of legal power, according to the Guardianship Development Team.

Those considering guardianship of another should look at other options before deciding.

Sometimes, adult children may take guardianship of their elderly parents for protection."In some cases, adult children detect that an aging parent is being victimized by someone, or has become the target of a fraud or identity theft," Holland said. "The adult child seeks guardianship to protect their parent's assets." Registrations can be made by calling 267-2205. Deadline is April 4.

--------------------------------------

The beauty of being a guardian is there is no limit to the number of elderly people you can bill for guardianship duties, guardians have been known to make over $100,000 per client and payment is just about guaranteed by the court.

Another beautiful things about becoming a guardian is the old people are too sick and frail to complaint and even if they did , they have no one to complaint to! It's a recession proof business. Set Your own rates, the sky is the limit , your only limit is your own ability to contrive and connive.

Anyone who is elder and whose abilities are declining are good candidates to a forced guardianship, if they have no family or if they have discord withing the family your chances of success in this business greatly improve.

It is advantageous to have several lookouts for elders with money, Social workers who work hospitals can usually give you a good heads up on which elders are susceptible to this procedure and the best part it is that it's all 100% Legal !

As millions of baby boomers age the demand for Guardians is about to explode, Do not be left out of fantastic opportunity to make millions within a very short period time, buy real estate cheap! Jewelry, Bank Accounts, it's all there for the asking.

Do not let naive family members stand between money that could be yours . Become a guardian Now!

Ps. You might have to spread the wealth around, be prepared to give a 10% gratuity to keep the wheels greased.

Government Agencies Ignore Reports of Fraud by Lawyers and Judges

2008-04-15T07:00:00.004-04:00

Washington, District of Columbia - By Sandy Meyer

Corporate, Judicial and Legislative fraud is costing millions of Americans their jobs, homes, earnings, health care, children's education and retirements.

America's government offices direct the defrauded millions to commissions, committees bureaus, and government and corporate funded non-profit agencies (NGOs) they claim are set up to help,homeowners and prosecute fraud.

Congress: Judiciary Committee, Banking Committee, Finance Committee - e.g. Reported widespread Judicial Fraud and Due Process Violations by lawyers and judges and requested they investigate and reverse the fraudulent judgments ---- Wendy Clardy Requests Foreclosure Fraud investigation by Judge David Fais, Citimortgage and Steven L. Sacks

Letter: Due Process Violation Investigation

But do any of these agencies prevent or prosecute home foreclosure fraud by corporations, lawyers and judges?

Who heads these commissions, committees and bureaus and non-profits we the taxpayers give billions of dollars to fund? Who are they really working for? Which corporations did they come from ? Where do they after misusing public offices to provide services to corporate and political interests?

What has happened to the millions of complaints which homeowners have sent to these public officials via voice mails, internet forms and the U. S. Mail?

Who is protecting American's against fraudulent liens, judgments and home foreclosures by lawyers and judges?

Read it All Here=>>

Interview With Mary Garafalo Blacked Out in California

2008-04-12T08:00:00.002-04:00

The first guest, Mary Garofalo, has been working at WNYW-FOX 5 News since 1996. Her tenacious reports with “FOX 5 Investigates” have earned her a reputation as an “electronic pitbull” and one of the toughest reporters in New York City.Her hard-hitting investigations have landed con artists behind bars, uncovered corruption and exposed countless scams. Before FOX 5 News, Mary was seen nationally covering stories for the syndicated show “A Current Affair,” where she worked as a reporter and substitute anchor until the show ended.

Her investigative reports have won her six Emmy awards and dozens of nominations.

The second guest is Marjorie Mikels, a practicing attorney and social justice advocate in San Bernardino County, California. She earned her J.D. from UCLA and has practiced law for twenty five years in the Inland Empire. Her community work has encompassed a wide range of issues from mounting political and legal opposition to the Ward Valley nuclear dump, to challenging illegal tax schemes, land grabs and water heists.

Download and Listen to This Sobering Interview With Marjorie Mikels and listen in to a very serious discussion that WILL forever change the way you think about this practice that is destroying thousands of families.

Download the podcast here give it a few minutes to load at first you will hear about 30 secs of music then stay tuned for this award winning journalist and attorney Mikels excellent investigative work.Exclusive Interview on "One if Land Two if by Sea" Click here=>>

The interview was un explainably knocked off the air and listeners and admirers of Mary's Garafalo excellent investigating reporting were not able to tune in , however action by quick thinking technicians at KSKQ carried the day and the work is once again available in the station's archives here=>>