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
Friday, April 30, 2010
IF YOU ARE A VICTIM OF GUARDIANSHIP FRAUD PLEASE CONTACT ME
IF YOU OR YOUR FAMILY HAVE BEEN A VICTIM OF GUARDIANSHIP FRAUD AND ORGANIZED CRIME PLEASE CONTACT ME RIGHT AWAY.
Saturday, April 24, 2010
When plunder becomes a way of life
"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
Thursday, April 22, 2010
OUR CONSTITUTIONAL RIGHTS ARE BEING STRIPPED AWAY FROM US BY CORRUPT JUDGE'S
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
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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."
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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.
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
Wednesday, April 21, 2010
ELDERLY MILLIONAIRE IS DESTITUTE AFTER PAYMENT OF FEES FOR LAWYERS AND CARE
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.
Wednesday, September 23, 2009
A Silent Crisis: Elder Abuse and Justice in America
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
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 ...
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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 ...
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Thursday, March 19, 2009
President Barack Obama, Please, We Need To Meet With You A.S.A.P.
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
Thursday, December 18, 2008
At What Age Should The Judge Take Away Your Civil Rights 70,75,80
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).
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
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.
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In response to assignment: iReport for CNN
Tags: ireport_for_cnn, cnn, obama, obama_administration, oprah, larry_king, lou_dobbs, barack, barack_obama, ireport
In response to assignment: iReport for CNN
Thursday, December 11, 2008
Zamora, Hillman & Veres, Attorneys at Law
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...
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...
Thursday, May 15, 2008
Citizens' Forum On Judicial Accountability
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.
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
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 =>>
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 =>>
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