Sunday, December 16, 2007

a story a day...December 15, 2007...from Florida

While we will present personal stories about alleged abuses, Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) has no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
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"Bill was a bachelor, no children and lived alone. He was a self-made successful businessman, community member for 40 years, a big smile and popular. Our dad died in 1946 and left Mom a widow with nine children. Bill came home from the military, young and proudly wearing his uniform, ready to help. He loved family, friends and help he did, all those years. My big brother, my idol; I loved him, everybody did, I thought, but I was so wrong.

In 2001, signs of dementia were noted by family, friends and a diagnosis of severe progressive dementia late 2003 by personal physician. Bill's six surviving siblings, elderly and limited lived elsewhere, except one. They strived to meet his needs.

A previous acquaintance returns, bringing family, offers assistance, self-appointed caregiver with request of money to meet her needs. "We will marry” she says “or be his common law spouse, sell his business, we need the money." Red flags are large and waving. Challenging, I replied, any misdeeds done by anyone compromising his health and welfare is unacceptable, the answer is no.

Pleas for assistance from protection entities, law enforcement, etc. were futile. Frustration, worry and tears were daily in my world.

Mid 2005, Adult protection and hospital intervened per hospital request and an investigation was ordered. Bill had a wreck and
now hospitalized. (Over a year later we learned the investigation had been closed shortly after his death) The car made accessible by his self-appointed caregiver with a POA [power of attorney]. The POA seemingly purchased via the internet or office supply was accepted and used also as a medical POA. Bill died during that hospitalization. Life gone from an elderly man with serious existing illnesses and a horrific disease called Alzheimer. A family member was appointed PR.

Shocking facts was being learned. The request for awareness and alert for unusual cash transactions had been ignored. A driver’s license not revoked. Insurance not transferred to vehicle but a title, tag and registration was noted. Using a POA with a questionable address and signature card, large sums of funds had been withdrawn from bank. Bill's home and business had been purchased for 1/4 of the appraised value months after a POA was issued and a diagnosis of severe progressive Alzheimer dementia.

Four months prior, his death the home was gifted back by another deed. The business was kept by the purchaser. All deed transactions and POA was signed and stamped by notary and witnesses. They were filed in courthouse records.

The appearance of attorney representation was unnoted on all documents. On signature page some lines was drawn through with changes made. Bill's wallet and cash had been turned over to POA by hospital security after his death.

A document resembling a restraining order with c/c to law enforcement ordered PR to not enter the estate property per occupiers
(POA). Requested hearing paid and filed in Probate Office per PR for eviction was ignored.

A filing for common-law-marriage in common pleas court demanding Bill be named as spouse of the female POA beginning 18 years before by law firm that employed the notary and witnesses of previously mentioned documents. Months later the case was moved to Probate Court. Final ruling was no common-law-marriage existed. No physical evidence was presented by the plaintiff.
In excess of $20,000 was paid by siblings. No attorney fees were granted by the court. Over a year had passed since Bill's death.

Court order for occupiers to return all assets and property taken pay, some expenses and clean, repair was ignored. Bill's business, car, physical and monetary assets were gone, just a few dollars left in the bank. Home and grounds, garage was trashed. No personal papers or will was located. The siblings was left with the chaos.

Before the common-law-marriage ruling, the POA notified a local funeral home, unassociated with arrangements to obtain Bill's obituary notice, list her as his wife and have it printed in local newspaper. A requested correction was later published.
But, I believe Bill's reputation was left for the public to wonder and his family’s character was left questionable, possibly left in tatters.

After much evidence gathering by family, investigator and estate attorney the case was reopened. A county grand jury indicted the woman involving abuse, neglect exploitation. Months later a bond hearing was scheduled. She did not appear and a bench warrant was issued. The indictment is now over a year and the bench warrant is six months old.

The locals say the woman lives in the area and is seen often. A victim impact request is on file but request for information is dismissive and not forthcoming. Comments of normally not prosecuted is common at county and state levels. The public says nothing will be done. The attorney generals office verbally declined to intervene unless requested solely by the solicitor. The solicitor handling the case declines to speak with me or return telephone call request. A challenge of the deed was declined by the estate attorneys.

The judicial system is unfamiliar to me. But, I believe Bill was stripped of his civil rights to live his life, in his home and in his own way. I believe individuals took advantage of an elderly vulnerable citizen and his health and welfare was compromised. I believe the protection Bill was entitled to under our rule of law was denied him. America should be made aware of any citizen that is denied those rights. Any individual doing misdeeds to a vulnerable citizen should be investigated and prosecuted to the full extent of the law. Those citizens are entitled to justice and closure for their families."

1 comment:

Unknown said...

This is my story as well. The victim was my brother-in-law. My husband, his brother,and I did everything we could to get help. Already suffering from debilitating health problems ourselves, we struggled through this experience. My husband is the saddest person you will ever meet. Our lives are forever altered. We have no peace of mind because the perpetrators of the exploitation of our loved one have not yet been held accountable for their actions. There has been no justice for the victims. I consider that we the surviving famiy members are victims because we are in limbo. We cannot move on. It seems that we are living in some kind of hell.