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Date CreatedSeptember 3, 2023
First NameYolanda
Email OR Phone Numberadvocatebcba@gmail.com
Zip Code (we want to match where you live with your members of Congress)32825
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 father (89 years old) was living in his own home with my mother, his wife of 62 years in Viera, FL. He & my mother have argued all their married life. Daily. Mostly nit-picking from my mom, but they had plenty of good times as well. My father has undiagnosed ADHD with diagnosed Depression & Alcohol Use Disorder. He was always a good driver, albeit a bit on the risk-taking side. My sister (16 months older than me) hated his driving. Her husband & she live in Texas. I live in Orlando, FL. Post retirement my father had little structure in his life other than playing golf a few times a week & taking walks. Arguments & disagreements became more frequent as he was home more. He was "diagnosed" with Alzheimer's dementia in 2015 based on no objective evidence by a geriatric practitioner without a mental health background.
My sister began "telling" him to stop driving 3-4 years ago. No accidents, no tickets. Just because she didn’t like his driving. In March 2022 my parents found my father's car in the garage with 2 flat tires & fluid leaks. He did not know what had happened. My sister came to visit a few days later & demanded to know what happened. My father did not know.
My sister decided it was a drinking/driving accident with no evidence. She went to his doctor (APRN) with my parents & told them he was drinking & driving. The APRN told him she was sending a license revocation to the DMV. My father was very upset. My sister took his car keys & hid them, then flew back to TX. When he became understandably upset, she returned & convinced my mother to place him in a secured memory care tricking him into going to have his arthritic foot evaluated. No talking to him about it. Nothing. This was March 2022. No guardianship.
Did he have an accident? Turned out to be a damaged strut. Whether the strut gave way due to age (they had never been replaced) or hitting a curve is unknown. But he had driven the car home from his location 1 mile away, opened the garage door, and parked in the garage. The damage was not noted until the next day, making it highly likely that he did NOT know what had happened.
I was out of state at the time & was completely left out of the situation until I returned. When I visited him in this secure facility, he was crying, very upset at being locked up, stating he was losing his mind. I began making waves & my sister filed for guardianship.

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

Elder Abuse - Long story short, her predatory guardianship attorney, the facility administrator, and my sister decided to trespass me from the facility throughout the 6-month pre-trial phase. My father was at the mercy of my sister who lied to him about the guardianship proceedings. He was locked up 8 months before his adjudicatory hearing, with the facility ensuring he could not leave, despite his signing a Revocation of POA in June 2022. He was denied a 2nd opinion in October 2022.
At trial in December 2022, the guardianship attorney, the facility administrator, my sister, the APRN, and the contracted psychiatrist all committed perjury influencing the judge. This was positively verified through my diligent review of medical records & emails post-trial. I did not have an attorney & am having difficulty knowing how to present the perjury to the Judge as she is clearly biased. Medical records I received post-trial reflect normal aging. MoCA assessments performed (14 over 7 years) reflect variable performance, standard for seniors in their 80’s & 90’s per the research. He has been treated for depression for well over a decade. He’s on tons of medications.

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

My sister was appointed guardian & refuses to listen to my father’s wishes. He BEGS to be permitted to go home & CRIES about how lonely he is. There is next to nothing to do in this place. It’s clean, pretty & boring. My sister only permits me to visit with a biased case manager (friend of the attorney) whom I have to pay $142.00 for each visit.
My Dad is dying from loneliness & depression & there is nothing I can do. It is very sad.
This town of Viera Florida has 1 GA court with 1 GA Judge, well-connected with the local GA lawyers. While this particular attorney is now being investigated by the Florida Bar, it doesn’t help my father at this point. He has been locked up for over 18 months & is not permitted to even see or visit his OWN home. Does the Judge care? No.

Q4: What are your hopes for the future?

Florida Guardianship rules need to be changed. GA Judges should have a solid background in GA law. Private family guardians must be held accountable for their actions towards the Ward. GA Judges should automatically appoint Eldercaring Coordination for high-conflict cases. (The new GA Judge, post-trial, denied Eldercaring, silencing my father's voice). GA courts should demand hard evidence & NOT permit oral testimony as the only form of evidence provided. Family members without the benefit of an attorney should be provided a source of legal counsel. Memory care facilities should NOT be permitted the ability to Trespass a family member without evidence of disruption or criminal activity.

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?

This was a horrifying eye-opening experience. Florida Statutes ensure a Ward retains several rights such as visitation & access to the courts. This should not be an area a Guardian or a predatory Guardianship attorney can violate or distort. My father is literally dying from the intense depression & loneliness his own daughter & wife have caused him & just wants to spend the rest of his life in his own home, which he is not even permitted to visit.

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