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Date CreatedMay 19, 2024
First NameKim
Email OR Phone Numberkdfaulcon@comcast.net
Zip Code (we want to match where you live with your members of Congress)32164
Tell us a little about yourself or your loved one:
Q1: What was your situation when you or your loved one first started experiencing elder abuse, neglect, and/or fraud? (What was your/their living situation like, were you/they struggling with any health issues, etc.?)

My 73 year old uncle became incapacitated when he went into a diabetic coma and was found unconscious in his home on 10/20/23 by his neighbor . He is a lifetime bachelor with no children. Unfortunately, he did not have a Will and his 79 year old casual girlfriend decided to take advantage of his vulnerability and had a fraudulent POA drawn up even though my uncle repeatedly indicated to his family that he never gave his girlfriend a key to his home after 13 years because he did not want her in his business and he only wanted to see her 3 times a week.

Q2: What would you like to share about your story?

Despite the fact that 5 medical professionals testified in court that my uncle was incapacitated at the time the fraudulent POA was presented and he could not have understood and executed any legal document , the judge opted to.side with the one medical professional that indicated that my uncle was capacitied for the time period that the fraudulent POA was presented however he is deemed totally incapacitated . Our understanding is that regardless of who testifies , this judge always puts more weight on the testimony of this particular court appointed doctor which raises the question of can anyone really get a fair hearing in this particular court ?

Q3: What do you wish people knew about elder abuse, neglect, and fraud?

My wish is that people are very careful regarding who they surround themselves with . The key is to make sure you have your paperwork in order so that there are no questions regarding what your wishes are should you find yourself in a situation where you are incapacitated . The amount of people waiting to prey on you in your most vulnerable state is incredible .

Q4: What are your hopes for the future?

My hopes for the future would be to gain permanent Guardianship for my uncle so that we his family can care for him and ensure he is receiving the care to requires .

Can our staff follow up with you about your story?Yes
Are you interested in sharing your story further? (We can contact you about speaking with local media, elected officials, or recording your story for a video or podcast)Yes
Can we use your name in telling your story?Yes
Is there anything else you would like to add?

Our family cannot understand how a person can become incapacitated and then some non family member is allowed to present fraudulent documents and be allowed to take control of another person without consequence . The judge in this case appears to be biased towards any testimony given by a certain court appointed doctor despite the facts not adding up based upon the evidence presented . How a person can be declared completely incapacitated by the judge but supposedly capacitated enough to execute a legal document makes us question how thus judge is allowed to remain on this case that we are waiting for a determination of permanent guardianship.

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