VIEWS: 5 PAGES: 17 POSTED ON: 10/18/2011
“Without Due Process” The story you are about to read today, is a true story. It’s the story of my Mother, who was taken from her loved ones by a state agency under the guise of providing her with better care. The facts will prove out that her time in state care was more closely related to imprisonment, or solitary confinement, instead of being medically cared for. And sadly enough, ending when this improper treatment, took her life on April 8th, at 11:30 P.M. by means of a lethal overdose of Morphine. Oddly this fate is supposed to be reserved for Murders, not 89 Year Old civil servants who lived their lives following not only the law, but also the rules of society their whole life. (Even Sadder, Is That The Fate Which Befell My Mother, Is Taking Place Right This Minute To Many Thousands Of Other Americans. Their Rights Are Being Violated, Without Due Process Under The Law, Their Property Is Being Seized, And Financial Assets Being Illegally Appropriated By The State Of Florida, And Many Other States As Well. As You Will Read, This Is Being Done By The Means Of An Offshoot Of The State Court System Which Provides No Properly Recognized Legal Procedures, (Called Due Process), Or Even A Chance Of Appellate Intervention, As These Cases Are Perpetrated Against The Poor, Or Middle Class Who Do Not Have The Funds For Attorneys, Court Reporters, Or Recorded Transcripts, (Even Electronic Recordings Of These Cases, Are Denied By Judges In These Cases, Due To A General Rule That Voice Recorders Are Not Allowed In Courtrooms. Unless The Defendants Have The Outrageous Sums Needed To Pay For These Services, They Are Simply Left To The Mercy Of A Court Which Seeks Only To Plunder, And Pillage, With No Regard For The People Before Them. Costs To Fight This Type Of Case Far Exceed The Meager Funds This Class Of People Have Available To Them. Leaving This Class Of People Vulnerable Before These Courts, Who Prey Upon Them Like Vultures Awaiting Their Opportunity To Strike. As A Result Of This Style Of High Handed Persecution, (Not Prosecution), Judicial Decisions Are Being Handed Down With No Regard For Any True Justice, And Definitely No Chance Of Judicial Misconduct, Or Prosecutorial Misconduct Being Examined, Or Critiqued, By A Superior Court. My story begins about ten years ago, when my Mother first began showing signs of what we were told by Doctors was Alzheimer's Disease. In January of 2001 I moved in with my Mother to begin caring for her. As the years passed, and her condition began to get worse, I found myself running into medical conflicts, I was not completely prepared for, and began doing a lot of Internet research into the medical field to aid me in coping with my Mom's condition, so I could be better prepared for what being her caregiver would entail. In addition to her normal symptoms, I also discovered my Mother was becoming xenophobic when it came to dealing with other people, (Not That She Had Ever Been Overt In The Area Of Having Friends), but now she would not talk to other people who were important to her life. It seemed some days that I was the only person she trusted enough to talk to. About 2005 my Mother's condition made it necessary to have a Power Of Attorney, and Health Care Surrogate forms drawn up, to go along with her Last Will And Testament that we had done a few years earlier, in 2002. We had the P.O.A., and Surrogate forms drawn up by a local Attorney, who was a member of my Church, and notarized in about October of 2005 at my Mother's Bank. (A Fact This Attorney Was Willing To Testify To In Court, But Was Denied The Right To By The Judge). The Documents were then placed in our Strong Box at home, in case we needed them later. Soon after that my Mom broke her hip, and we needed to present them for the Hospital, and Rehab Center, so they would know that I was my Mom's chosen Guardian, and had the right to deal with any of my Mom's medical or business issues. Since these were the two primary Medical facilities in our area that ever needed to deal with my Mom's condition this critical information was documented in my Mother's charts. From that day forward, we never had a need to dig out these forms again. In all honestly, I always viewed most of my Mom's concerns about the day when she might pass on, as being far in the future, and perhaps never coming at all from this disease. My research on the Internet showed that new breakthroughs were coming almost every day, and we were also following proven strategies of physical and mental exercises, plus taking medications believed to aid against the progression of this disease. In retrospect, I felt Mom would live far longer than the projected time in those days. (But I'll Get Back To This Part Of The Story Later). Herein may have been part of my Mother's problem in this case, because these documents turned up missing from our Strong Box at home years later when I wanted to supply them to the court as part of Mom’s defense. (Possibly Due To Mom Constantly Going Into The Strong Box To Drag Out Papers, And Insurance Policies, To Remind Me Not To Forget To File Them After She Passed On). I can only assume they got misplaced, mixed in with other papers, or possibly thrown out. (During The Course Of These Court Hearings, I Requested That These Documents Be Subpoenaed From The Local Hospitals, And Rehab Centers Several Times, As I Felt They Would Be Important To The Court, But My Requests Were Always Ignored By The Court, And As I Later Discovered, Would Have Made No Difference, As The Court Knew The Decision It Intended To Make Right From The Beginning). Several Months Later My Second Attorney Wrote A Letter To These Medical Facilities Asking Them To Search My Mom's Files For Their Copy Of The Power Of Attorney, and Health Care Surrogate Forms Which Had Been Archived By These Facilities, But Since This Was Not A Court Ordered Action, All He Got In Return Was A Letter Saying They Couldn't Find Them. As A Side Note, Even Though I Felt These Documents Were Important, Neither The Court, Nor Prosecutor Ever Asked For Them To Be Produced At Any Of The Many Hearings. (Which Leads One To Assume The Court Never Felt They Were Relevant To The Judge’s Decision. I Might Also Add, That I Believe The One Time Existence Of These Documents Could Have Been Proven Beyond Reasonable Doubt, By Simply Linking Together The Testimony Of The Attorney Who Drew Up The Health Surrogate Document, And The Notary’s Ledger Sheet From The Bank On The Day And Time Noted On The P.O.A. Which The Bank Still Had A Copy Of. Over the years, my Mom has had several visits to the local Hospital, and Rehab Center, which has taught me a great deal about this sham we all refer to as "Health Care", in this country. As a result of what I have personally observed, and found out by paying close attention, I can personally attest to the flaws in the health care system, and it's need to staff itself with warm bodies, instead of qualified individuals. Some of which are qualified, and overworked, and others who care nothing about the job they do, and only about the paycheck which comes to them weekly. Not to mention the Doctors who defraud the system, by copying patient names, and information, so they can bill the government and patients for services they never provided. So blatant have these acts been, that in my mind I feel sure most Hospitals are well aware of the practices, if not even taking a cut for themselves. In my Mother's case, I know for a fact that the system of care employed by Hospitals these days is far more responsible for my Mother's rapid decline, then the help she was given by this broken system. On the other hand, I can also tell you, that it is the majority of us, "We The People", who are also greatly responsible for the events which we allow to take place in these places of healing, simply because we turn a blind eye to the world around us, or refuse to ask vital questions of medical personal, and instead place blind trust in the medical staff. We would rather sit mute, then open up our mouth, and rail against those who do us harm, because of their lack of care, or their personal greed. It is not my intention to go off on a tangent, but to guide you into the world I have seen for myself, so you can begin to get a better understanding, by seeing it threw my eyes. Over the years I found myself having to report Hospital Staff for a number of items which ranged from mild infractions, to outright criminal offenses, like stealing my Mom's Medication, and Jewelry, to simply not feeding her, (And Claiming My Mom Was Refusing To Eat, As Their Reason For Not Feeding Her), dropping, and bruising her when trying to move her, and even breaking her nose on one occasion. To claim that my Mom has had quality health care over these past years would be a lie of the first magnitude. In an effort to offset some of the problems my Mom has encountered in her visits to these Hospitals, and Rehabilitation Centers, I would visit Mom each night to feed her that evening's meal, check her body for new bruises, and talk to her Doctors, and the staff about her Medicines, to make sure some proper level of care was being given to my Mom. (Needless To Say These Actions Did Not Make Me Very Popular With Hospital Workers, The Administration Personal, Or Rehabilitation Staff, But These Facilities Knew They Had To Deal With My Requests Concerning My Mother's Care Because Of The Health Care Surrogate Form Present In My Mother's File). The one they couldn’t find when asked for a copy of it. On one of my Mom's visits to the Hospital, The Doctor in Charge performed a scan of my Mother's legs, simply because I had requested that circulation cuffs be attached to her legs to prevent blood clots from forming. (The Scan Was Done As A Matter Of Course, Due To My Request, And Without My Knowledge). As a result of this scan, I was informed that evening that they had found blood clots in my Mother's legs, and that my Mother was going to undergo a procedure to remove them the next morning. Even though I was shocked by this news, I requested the Doctor rerun the scan of my Mother's legs, to confirm their findings. Needless to say the Hospital did not wish to do their test again, but since it was the only way to get me to consent to their procedure, they did, and found to their surprise that there were no clots in her legs. As such, they made an assumption that the clots in her legs, had now moved on, becoming clots in her lungs, and informed me they needed to operate the next morning to remove them from my Mother's Lungs. Again, I asked for proof before I would agree to such a major operation. The Doctor became enraged that I even questioned him about his medical opinion, but after scanning my Mom's lungs, they found no trace of any blood clots in her lungs, or legs. As an explanation for this error, I was told by Hospital Staff that what they must have seen in the earlier scans, were probable just shadows. (Pretty Scary To Think That My Mother Could Have Undergone A Major, And Risky Surgery, Due To Shadows Seen On An X-Ray By A Hospital Technician, And As A Side Note, I Found Out A Few Months After This Event That The Elderly Lady Who Lived Across The Street From Us Had The Exact Same Condition Diagnosed With Her, Only Her Daughter Never Questioned The Hospital's Claims, And As A Result Of Her Surgery, She Survived The Surgery Having Diminished Mental Capacity From Her Oxygen Deprived State While In Surgery). In her case, I can’t say if her surgery was needed, or not, because I was not directly involved, but it did give me great cause to ponder the "What If's". (I Bring This To Your Attention, So You Can Get Some Idea Of The Level Of Care I Gave To My Mother During These Past 10 Years). Sometime in 2007, because of a wonderful, and knowledgeable Physical Therapist who worked with my Mother after she returned home from one of her visits to the Hospital, and subsequent visits to the Rehab Center, we found out that what my Mother had actually been suffering from was not Alzheimer's at all, but a disease call P.S.P. (Progressive Supranuclear Palsy), which is a very rare disease similar to Lou Gehrig's disease in many ways, because it leaves the mind intact, as it robs the body of the ability to be controlled by the mind. Studies I have read about on the Internet purport that the mind, and body connection can be maintained by consistent movement of the limbs, and muscles, which aids the connections from becoming severed, or in some cases reconnects, or re-teaches these connections to different parts of the brain, (My Mother, And I Spent Hours On These Exercises On A Daily Basis). The studies also believe that the brain re-teaches the lessons we learned during the past day, when we sleep, which reinforces these mind/body connections. Even though the belief held is that this process may be impaired in P.S.P. Patients. Still many of these P.S.P. Patients have been shown to have some long term gains, which can still be brought about simply by maintaining an exercise routine on a daily basis. As time progressed Mom began to show signs of improvement from our daily workouts, in spite of the lack of care my Mother would get from each of her many return visits to Hospitals, and Rehab Centers. (Exercise At Hospitals, And Even Rehab Centers, Is Almost A Joke In Florida. In Most Hospitals It Consists Only Of Getting A Patient Out Of Bed, Walking Them To The Door In Their Room, Turning Them Around, And Returning Them To Their Bed. At Rehab Centers, It Is A Bit More Extensive, But Mostly A Lame Attempt To Give The Appearance Of An Exercise Routine. I Might Add, Not Even These Things Are Presently Being Done For My Mother, Nor Have Been Done For Her, Since She Left For The Hospital In November Of 2009). Sadly during one of my Mom's visits to the local Hospital, my Mother contracted C-diff, which is a highly virulent strain of Diarrhea. This Disease is mainly contracted by patients when they visit Hospitals these days, and once contracted, it can never be cured completely, and will just lie dormant in the body until something triggers the next episode, usually 3 to 6 months later. When these C-diff events occurred, I would deal with them as I was instructed by the Hospital, by calling an Ambulance, and send her to the Hospital so they could clean her up, and give Mom the usual battery of drugs necessary to subdue the current episode. After returning home from her last episode of C-diff in August of 2009, Mom had lost 25 Pounds, (Mostly Due To The Fact Mom Was Getting Little More Than The One Meal I Fed Her Each Evening In The Hospital), and her general condition began to falter, health wise, as a result of the treatment she would get at the hands of the Hospital, Or Rehab Staff. Her body started to break down, and begin to develop skin tears very easy, which is also rather common in the elderly. (Mom was 88 Years Old on September 15 of 2009). One evening while sitting on her potty chair at home, she twisted her body trying to have her bowel movement, and tore the skin on each cheek of her buttocks. Mind you this was not the first time this had happened, and I had become fairly well versed in treating these skin tears. Between the bath lady who came 3 times a week, and myself keeping the wounds cleaned and treated the rest of the time, we got one side healed up about 90%, and the other side about 60%, (Due to Mom Having The Propensity Of Crossing Her Legs, And Adding Extra Pressure To The One Side Of Her Body, Whenever You Diverted Your Attention From Her, And I Might Add To Be Completely Honest, Mom Could Be A Very Stubborn Lady Sometimes). Well, as bad luck would have it, in the beginning of November my Mom had another C-diff outbreak during the middle of the night, sometime between my last check of her at 2 A.M., and the next morning when the bath lady arrived, about 11 A.M. When I went in to Mom's room to wake her, I found her lying in a pool of Feces, reaching half way up the side of her body, and extending from her shoulders to her kneecaps. The Bath Lady kindly offered to help me clean Mom up, but being humane, I decided against having this brand new bath lady, who was on her very first day of work as a bath lady, and was in her mid to late 60’s, from having to bathe Mom in this condition. I called an Ambulance, and had them take her to the Hospital, where she could be treated again for her condition. (This Would Prove To Be A Mistake On My Part, And The Main Reason The Events Existing Today Began To Unfold). As I found out later that day, her C-diff episode must have happened closer to 2 A.M. then 11 A.M., because the Bacteria had soaked in to Mom's wounds, and skin, greatly inflaming her entire buttocks area. As is Hospital Policy, the E.R. Staff called Florida's Department Of Children, And Family, (D.C.F.), as they felt they may have been looking at a case of Elder Abuse, Or Neglect. This is where my Mom's life took a drastic turn for the worse. Within a matter of weeks, I was served with papers at 6 P.M. on a Friday Night, informing me that I had to be in court on Monday afternoon at 2:00 P.M., which left me no time at all to find a Lawyer, (Even If I Could Have Afforded One), and leaving me to attempt to defend myself, and my Mother's position in court. Having studied some law in college, I felt I might be able to hold my own ground, (Not That I Really Had Any Other Choice), and at the very least, I thought I could buy some time to find legal counsel. To my surprise, this entire hearing was not held in a "Court Of Law", by any conventional standards, or procedures. In fact comparing it to a court, made everything I have ever learned, or had been taught about the judicial system, nothing more than a perverse joke. There would be no transcript of the events, (Unless I Wished To Pay To Have A Court Reporter Be Present), or even a recording, (As I Was Informed By The Judge), no rules of procedure were adhered to, nor was any solid evidence produced, and a doctor who had only looked at my Mother briefly, (But Knew Nothing Of Her Past History), was allowed to testify in court via a phone call in Speaker mode, (Not That What She Said Was Of Any Real Importance). The worst evidence given that day was brought forth by an Office Manager from the Nursing Home, who stated that one of the workers at the Rehab Center had seen me trying to force feed my Mother. Not only was this statement untrue, but what real courts call “Hearsay”, and not admissible in court, but let’s not forget, this was not a real court. As for her reason to bring up this lie, may have had a lot to do with the fact I had gotten into an argument with her a few days before, when I visited my Mom at their Nursing Home, and found her covered with bruises, running almost the entire length of her left arm, which had happened while my Mom was in their care. (This Lack Of Care Was Not The Only Crime This Nursing Home Was Guilty Of. As I Later Uncovered, They Had Also Contacted The Department Of The Treasury, And Changed My Mother's Social Security Payments To Their Corporate Bank Account At Wachovia Bank. About June Of 2010, And A Week After My Mother Had Contracted A Case Of Pneumonia, I Got A Call From The Nursing Home Informing Me That My Mother Was Dying From An Intestinal Obstruction, That Her Liver Had Shut Down, And The Feeding Tube Had Been Turned Off, Due To The Pain She Was Suffering From The This Intestinal Obstruction. After Visiting 3 Times That Week, And Even Having A Priest Perform Last Rights On My Mom, It Became Clear To Me That My Mom's Blockage Was Only A Result Of The Constipation Which Anybody Would Get From The Battery Of Anti-Biotics Used To Cure Her Pneumonia. (My Mother Had Been Brought This Close To Death, Simply Because No One Thought To Give Her A Laxative). To Make A Long Story Short, After Begging A Hospice Nurse To Give My Mom A Laxative, The Blockage Disappeared. (In All, My Mom Suffered, And Starved At The Hands And Mercy Of This Nursing Home For More Than A Week, Because The Doctor, And Nursing Staff Could Not See The Obvious Facts Before Their Eyes). In a later court hearing this Office Manager from the Nursing Home, testified that my Mom was unable to move at all, was completely unresponsive, and basically nothing more than a vegetable, and because they did not wish to take the time needed to feed her, that she had to have a feeding tube installed. (Something The Court Forced Me To Authorize For My Mom, Even Though I Knew Of My Mother's Fears Regarding This Procedure. Due To Her Husband Dying From Starvation At Another Hospital, After Being Fitted With A Feeding Tube). All of the statements testified to by this Manager were complete lies, and most where hearsay, that never should have been allowed, but were allowed by this court, as these statements suited the court's position, and the actions they were preparing to take. It also didn't matter that this information was completely untrue, since the State refused to ever bring my Mother into court to face her accuser's, and even worse, the Attorney appointed by the court to represent my Mom, was only there to agree with the State's position. Needless to say I was powerless to do anything about this, as my objections to the Hearsay, and the proof I had tried to provide the court was simply ignored every time I brought it up. (Honestly, Calling This A Kangaroo Court Would Have Given It Far More Credit Than It Ever Deserved). Bottom line, this Court, and State Agency took my Mother away from me by means of judicial fraud, in a mock hearing that could only have been seen, to even be believed, with no regard for my rights, or my Mother's rights, the facts, or even the evidence provided. As the weeks progressed I continued to visit Mom at the Nursing Home, while hunting for an Attorney that would defend my Mother, and I in this case against the State Of Florida, and D.C.F. because I believed it would be important, I began using my cell phone to take photos of the wounds and bruises that continued appearing on my Mother. (As A Side Note, And As Further Proof Of My Claims, These Photos Were Presented To The Court As Evidence In One Of The Hearings We Had Before The Judge, And Were Rejected By The Judge Because They Had Been Presented To The Court In Black, And White, Instead Of Color Photos). This simple action of taking pictures alone brought even more trouble my way, as I was told by that Office Manager from the Nursing Home, who had testified in court about my Mom's condition earlier, that I was no longer allowed to visit my Mother and that under their rules, no cameras, or recording devices were allowed in their facility. When I asked her whose orders these rules were coming from, she told me it was from the agent in charge of this case at D.C.F. (Ann Bryant). After I left, and contacted this Ann Bryant, to ask about these conditions being placed upon my visits, because no one, not even the Judge, had ordered, or mentioned any restrictions being upon me while visiting my Mother. It took several days, and many phone calls, before this Ann Bryant finally called me back, only to tell me on the phone that there were no restrictions on my visits with my Mother. (However As A Side Note, As Time Went By This Ann Bryant Proved To Have Lied About Many Different Things. So In Retrospect She May Have Told This Manager At The Rehab Center I Was Not Allowed To Visit My Mom, Just To Add Benefit For Her Case, And Also Add To The Volativity Of The Events Taking Place). Not knowing that this may have been the case, I went back to visit my Mother on New Year’s Eve Day 2009, and was told by a nurse that if I didn't leave immediately, that she would be forced to call the Sheriff, to have me arrested. I informed her that if that was what she felt she had to do, that she was welcome to call them, as I was not doing anything wrong, and I intended to spend New Year’s Eve with my Mother. About 15 Minutes into my visit, the Sheriff did arrive, and asked me to step outside so we could talk. The Staff at the Rehab Center rushed in, and quickly ran off with my Mom. (I Later Found Out They Were Hiding Her In A Little Used Dining Hall). The Sheriff informed me that before he arrested me for "Disturbing The Peace", he would like to hear my side of the story. After telling him what had taken place both in court, and about my last conversation with Ann Bryant, and that I was only here to spend New Year’s Eve with my Mother, and that no other events had taken place other then what I had told the nurse in the hallway, he excused himself, and walked over to talk to the Office Manager who had testified in court. When he returned, he informed me that since the Manager could not produce any other person who had witnessed me "Disturbing The Peace", he was not going to arrest me. Then he leaned over closer to me, and told me in a quiet voice, that he would advise me to leave, and not return until I had a truly credible witness with me. That this witness must be someone of real character, because he was sure that this Manager would find someone employed here to back up her claim of "Disturbing The Peace" the next time, and then he would have no choice but to arrest me, and that would not look good in my Mom's case. I agreed to leave only after being allowed to explain what was taking place to my Mom, as I did not want her to worry, or think I was being arrested, and wanted her to know I would be back to visit her as soon as I could get this resolved. (The Sheriff Agreed, And Escorted Me To Where The Nursing Home Was Hiding My Mother. After I Calmed My Mother Down, And Explained Why I Had To Leave, And Apologized For Not Spending New Years Eve With Her, The Sheriff Escorted Me Out To My Car For My Own Personal Protection). It took me some time before I could get back to visit Mom, as I had to concentrate on finding an Attorney, and wanted to get the Judge to issue some kind of protection order to guarantee my right to visit my Mom, or at the very least have my Mom moved to a different Nursing Home where she might get better care, and I could visit freely with her. I started my search with the Legal Aid Service here in Hillsborough County, who informed me that an Elder Law case would be far too costly and time consuming for their Attorney's to take on. (Mind You This Is A Non- Profit Agency Whose Sole Purpose Is To Help The Needy, And Indigent). However the lady I was talking to did try to help me, by telling me that I might want to raise the Issue that under Florida Law, my rights, and my Mom's rights, had been violated from the very first day I was served, because Florida Law requires the initial hearing must take place no sooner than 24 Hours after being served, and cannot include Holidays, or Weekends. Mom's first hearing took place only 20 Hours after I was served. (6:00 P.M. Friday Evening To 2:00 P.M. Monday Afternoon, However Be That As It May, This Fact Has Been Ignored Completely By The Court Each Time The Statute Was Raised). My next contact was the Hillsborough County Bar Association, who gave me a list of 3 Attorneys I could call, who all told me they don't do Elder Law cases for free. So I got 3 more names from the local Bar, who said the same thing, and 3 more names etcetera, until there were no more names to call. My next call went to the national Alzheimer's Organization, who referred me to their local office, who gave me 3 more names I could call. After calling more Attorney's then I can even remember, I finally found a lady Attorney who agreed to join me in court, but only to the extent that she would petition the court for the ability to access my Mom's account for the needed funds to pay for her legal services. (And She Would Do Me This Favor For Only $500.00 Cash, Paid In Advance). Her main condition was that if the Judge granted her motion to the Court then she would handle my case, if not, she and I would part ways as she did not work for free. Since I had no other hope of getting help, I agreed to her terms. Needless to say, as soon as the Judge said no, she dropped my Mom's Case in a New York Minute, leaving me to continue to defend my Mother, and myself as she just sat next to me saying nothing. So I addressed the Court as best I could, stating the events that led up to this point, and the reasons for my actions, in hopes that the Judge would understand, and show my Mother, and I, some understanding, and compassion. Alas this joke of a court, and it's cast of actors, all agreed that the court had no need to order me the right to visit my Mom, since I already had the right to visit my Mom, with no restrictions, and more importantly, that no one in this court believed I was at fault for anything which happened to my Mother. (Yes, That's Right, All Parties Involved Had Deemed Me To Be, Not Guilty Of Neglect, Or Abuse Of My Mother). I'm sure you will understand that I was extremely shocked to hear this, (Although Relieved), especially since the entire reason the D.C.F. was brought into this situation was to investigate the Hospital's claim that my Mom's condition might have been related to abuse, or neglect. I then asked the Court that if this was the determination of all parties involved, why I was being prevented from bringing my Mom home to continue caring for her, and honor her wishes for her final days of life. To which I was told that the Court believed I was simply not capable of caring for my Mother. (Mind You The Court Had No Evidence, Or Facts To Present To The Court That I Could Not Care For My Mother, Except Maybe A Feeling That Men Could Not Be Proper Caretaker's In The Eyes Of A Room Full Of Women, And Completely Ignoring The Fact I Have Already Spent The Past 9 + Years Of My Life Caring For My Mother). Granted, I am not perfect, and I have made mistakes caring for my Mom over the past 9 Years. One happened just shy of a year before this event began, when after cleaning her up after she had a bowel movement in her bed, I left her lying on her side with pillows propping her up on her side at about a 45 degree angle, so the skin tear on her behind could get some air to it. When I left the room to clean myself up in the Kitchen Sink, she shifted her body weight, and rolled herself face down on the bed, so she could end her life by means of suffocation. Even though I was only gone a couple of minutes, she had been successful, and upon my return I found her body was lifeless. In a state of total panic I rolled her on to her back. Even though her face and lips were completely blue, I began, and continued to give her C.P.R., until I was able to bring her back to life. At the time I felt a tremendous amount of guilt for leaving her side to go to the Kitchen sink to clean up, when I could have just as easily used the bathroom sink in her room to clean up, but over time I had gotten into the habit of using the kitchen, because of the large double sinks that allowed me to scrub up easier. In retrospect, and based on what has happened since, (Even Though This Is A Horrible Thought, And Against All I Have Ever Believed About The Sanctity Of Life), I now believe that Mom may have had the right idea, and I should have honored her choice that evening, instead of bringing her back to life. As a young man I was told by my Grandfather that with age comes wisdom, and regrets, which are uniquely connected, because both are inevitable, and both will bring you their own versions of unforgettable happiness, and also grief. (No Matter What Course Of Action, Or Inaction I Take In Life, My Mind Will Never Allow Me To Forget The Path I Have Walked. My Only Saving Grace Is That Most Of My Choices Have Been For The Right Reasons). This was not my Mom's first attempt to take her own life, as she had also taken an overdose of Sleeping Pills many years earlier, shortly after she was first informed she had Alzheimer's, (Even Though This Diagnoses Was Later Proven To Be Wrong). She did this on a Sunday Morning, while I was away at Church Services, but again as luck would have it I had come home right after Church, instead of first going shopping for the ingredients to prepare our Sunday Dinner, and found her still in bed, (Mom Was An Early Riser, And This Was Something Very Uncommon For Her In The Early Stages Of Her Condition), and when I questioned her as to why she was still in bed, her disjointed sentences told me all I needed to know. I immediately called the Paramedics, and had them rush her to the Hospital, where they kept her alive. Ever since that day, my Mom has had to visit a Psychiatrist, but I always felt this was a good thing for my Mom, especially under the circumstances. In later years, I began to accompany my Mom into the Psychiatrist's Office, so I could translate for her as my Mother's speech began to slur. The first Attorney told me that she had intended to put my Mom's Psychiatrist on the witness stand, (To Testify To My Mother's Condition, And Competency), by means of the same "Phone Call Testimony Tactic" that the state had used, along with the Attorney who had written the Health Care Surrogate Form which I had him prepare back in 2005, (Since We Felt These Documents Would Be Essential To The Court, I Was Able To Get A Copy Of The P.O.A. From The Bank Where The Documents Were Notarized, As They Kept A Copy For Their Banking Records, And The Notary's Log Would Have Recorded, And Proved The Existence Of The Health Care Surrogate Form, And That Both Documents Were Notarized At The Same Time, Thereby Linking The Proof Of The Existence Of The Health Care Surrogate Form To The Attorney's Testimony, Not Withstanding My Mother's Will, Which Clearly Attests To My Mother's Wishes, Or The D.C.F. Agent Who Asked My Mother Point Blank Years Earlier, How She Was Being Treated By Me, And Exactly What Her Wishes Were For Her Future), but the court would not hear of it, and stated that this was a hearing, and not a trial, and that she, (The Judge), intended to leave the court, to go home in 15 Minutes, whether we were done or not. (Just Another Example Of The Justice Found In Florida's Family Law Court Division, Also As A Side Note The Department Of Children, And Families Agency, Has Had A Long Standing, And Well Documented Tradition Of Injustice. Well Documented By Florida Newspapers, And Television Station Reports Over The Past 30 Years. Plagued By This Bad Reputation To Such A Degree They Changed Their Name From H.R.S. To The Department Of Children And Families About 12 Years Ago, To Shed Some Of The Bad Press They Had Acquired Over The Years). At this point you might wonder why I would be having such a rough time finding a Lawyer, since you can't turn on your Radio, Television, or read a Newspaper in this country without spotting an Ad from some Attorney begging you to call him, and let him sue someone on your behalf for any kind of injury, or injustice. Perhaps if I lived in some other state, you might be right in this thinking, but in Florida, the law was changed several years back when it came to the amount of Liability Insurance Coverage required to be carried by Health Care Organizations. This change lowered the amount required to be carried by Health Organizations, and made it unworthy of the time, and effort needed for Attorney's to pursue Law Suits, (Not To Mention The Indirect Changes Brought About In The Medical Field As A Result Of These Law Suits). After the sad defense my first Attorney had provided for me in court, I left court that day, finding myself $500.00 poorer, and again desperately in need of an Attorney to handle my Mothers Case. So I picked up where I had left off with the local Office of the Alzheimer's Organization, and called them back for a few more references. One of the names they gave me this time around was an Attorney I had worked with many years earlier, when he was running for public office. My thinking was that since I had helped him with his political campaign years earlier, maybe he would help me now. Well, as it turned out he had retired, but said he would check around with some of the Attorney's he knew, to see if one would be willing to help me. A day later I got a call from an Attorney who was referred to me by the retired Attorney. I set an appointment, and went in to tell him about what had happened in my Mom's Case up to this point. His reaction appeared to be one of shock, and dismay, even though his past experience in Family Law had been working as a Prosecutor on the Child Law side, instead of the Elder Law side of Family Court. He confessed in our first meeting that he needed to talk to some other Attorney's who had more experience with the Elder Law side of the court, because his knowledge of Elder Law was very weak. (In My Mind I Felt That Even With His Knowledge Drawback, He Appeared To Display The One Quality No Other Attorney Had Shown Me To This Point). He seemed to be displaying what I call "Heart", and acted as if he were truly ashamed of the court's actions in this case. He also seemed to act in a caring manner at each hearing we attended, until the date of our last hearing in July, when he just sat next to me, and said nothing, showing his true colors, as the court rolled over my Mother in her case like a stream roller. As of this point in time I do not know what caused him to change his mind about defending my Mother and I, or if he had been offered some form of a deal by the state, or even if his actions were truly sincere from the very beginning, but it was very clear to me that we had just been sold down the river on this day, just as Judas did to Jesus. We spoke at length after the hearing, and I questioned him as to why he had not stood up for us, or explained to the court that my Minister had already submitted his application to the court, or why he had not raised any objections to the Judge when she ordered that a Professional Guardian be put in charge, as my Mother's Guardian, or even when she ordered that the Guardian was to be paid 5 Months back pay, (At A Rate Of $1,500.00 Per Month From My Mother's Estate), when she had done nothing to even earn a penny up to that point. He sidestepped answering this question completely by changing the subject to my Minister being my Mom's Guardian. His answer to me was that he simply got the feeling that my Minister didn't wish to assume the duties of Guardian, and that the Minister's actions seemed to be telling him that the minister didn't want to hurt my feelings by turning me down. Mind you, as of this point in time the Attorney had never spoken to my Minister, by phone, or in person prior to this time, and he had deduced all of this from his claim that he had left several messages for the Minister to call him, but had never heard back from him. (As A Side Note, My Minister, And Also The Church Secretary, Both Told Me That The Attorney Had Never Called, Never Left Any Messages On The Minister's Cell Phone, Or On The Answering Machine At The Church, And In Fact My Minister Had Left Several Messages For My Attorney To Call Him, And Was Greatly Surprised That The Attorney Had Not Called Him Back). Since the date of our last hearing in July, my Attorney has not returned any of my calls, nor contacted my Minister, and with each week that passes, my Mother's condition grows weaker, because she does not get the needed care that would prolong her life, (Which Under The Circumstances May Be A Blessing), she simply lies in her bed, without so much as a T.V. to watch, or listen to, while awaiting death, and my weekly visits with my (Credible Witness), Minister. (I Might Also Add, I Can Only Visit My Mother Once A Week, Due To My Minister's Schedule, And The State's Refusal To Relocate My Mom To Another Rehab Center. Something That My First Attorney Was Promised Many Months Earlier, By This Ann Bryant). The Bottom Line Is That Neither My Mother, Nor I, Have Done Anything To Deserve The Treatment We Have Been Shown By The State Of Florida, And Even Worse, We Both Have, And Are Continuing To Be Unjustly Punished, Penalized, And Persecuted For Doing What All American Children Should Do For Their Parents). My Mother has been denied her right to live out her final days in the manner she chose to live them, and adding insult to injury, the State of Florida is stealing what few assets my Mother has, by it's illegal actions, flagrant rights violations, and also now currently including an attempt to have me removed from the home I have cared for, and lived in with my Mother during the past 10 years, (Not To Mention Been Left By My Mother's Last Will And Testament, And Guaranteed To Me Under Florida’s Own State Laws), or pay the Guardian a monthly rent to live here equal to almost twice my monthly Social Security Check. There are many more events I could have added to this letter, like the Guardian’s refusal to pay me the Social Security ordered subsistancy of $234.00 each month from my Mother’s Social Security Check, which is a direct violation of Federal Law, and the Nursing Home’s refusal to even inform me of any events taking place with my Mother, like her day surgery a few months back, they never told me about until I noticed the stitches on one of my visits. I hope I have given you an idea of the battle I am fighting, and I can only pray you will add your voice to mine, to aid me in getting my Mother the justice she, (And All Floridians), rightfully deserve before she passes on from this world. I understand the full extent and consequences of the battle, I am asking you to join me in fighting, but you must consider how drastically a positive outcome could affect the future lives of every working class citizens living in this country. Everyone deserves the right to a fair and impartial hearing, and it is a fundamental right of all Americans, and should never be usurped by any court system, in any state of this nation, for any reason. Grievous judicial errors are evident in every aspect, and hearing of this case, and ethical amendments for this type of judicial misconduct must be demanded for all the citizens of this state, and country, because if not, our rights under the constitution this country was founded upon, are little more than words upon a sheet of paper, void of any genuine meaning. Either way, should you choose to take action, or inaction, I wish to tell you “Thank You”, for taking the time to hear my story. Sincerely, Neil Roe Update - 12-22-2010: I was contacted by the Night Nurse at the Nursing Home informing me that my Mom had a serious U.T.I., and that they needed my permission to insert a "Midline", which is an extremely long I.V Device used on older patients who run the risk of their veins collapsing with a standard I.V. The Nursing Home's action was mainly a screw-up by the night nurse, as the Court took my Health Care Rights away, when they gave them to the Guardian, but I figured I had nothing to lose, and told her "No", then instructed her to send my Mom to the Hospital for treatment. Well, to make a long story short, it wasn't a cake walk, but they called me back at 4:00 A.M. and informed me that Mom was in transport to the Hospital. (That Was A Miracle In My Book). The next day, I spent all day at the Hospital with her, and the Hospital's Day Nurse even documented the poor condition Mom arrived in from the Nursing Home, in Mom's Hospital Charts. We also found that the feeding tube the state forced me to install in her was leaking badly, and had not been replaced at the standard 6 Month mark as it should have been, but in an effort to forestall any replacement, the Nursing Home just kept cutting the tube shorter, and shorter to get a better connection. What was once more than a foot of feeding tube, was now only about 2 inches long. Since she was in such bad shape, the Nurse contacted the Doctor, and set her up for surgical replacement of the feeding tube. When I arrived the 3rd night for my visit I was met by one of the Hospital Administrators, who asked me to step out of Mom’s room, and informed me that they had gotten instructions from the Guardian, that I was not allowed to have any contact at all with my Mother. I told them to contact the Guardian again, and have her send them any copy of any Court Order stating that, as I knew I had never been ordered by any Court to stay away from my Mother, nor had any conditions like this been placed upon me. Five Minutes later the Hospital Administrator returned, and told me I could visit with my Mom as long as I wished, as the Guardian had decided to give her permission, and allow it this time. (Translation, She Had No Court Order To Enforce Her Wishes). I guess the Guardian suspected that since my Mom was at the Hospital, I might try to get some more evidence against the Nursing Home, or get Mom's Psychiatrist To Evaluate her condition, as the Guardian pulled her out of the Hospital, and had her sent back to the Nursing Home, just 24 Hours after Mom got back from her Surgery. Truth be known, she was too late, my Mother’s Psychiatrist had already seen her early that morning, and now can, and is willing to, attest to the fact that my Mom is still mentally competent. Which means if I can only find an Honest Attorney, this fraud being perpetrated on my Mother by the State Of Florida can finally be brought to light, and justice achieved. How's that for a light at the end of the tunnel? Only one miracle left for me to pray for now, is that the right person, in the right position of power, hears my story, and decides to help us. Update - 04-25-2011: Mom passed away on Friday, April 8th, 2011, at 11:30 P.M. from what I was told by a Hillsborough County Sheriff’s Officer, Brian L. Alexander on Saturday the 9th of April about 6:00 P.M. (More Than 18 Hours After The Fact). He had been sent to tell me the sad news because no one was able to reach me by Phone. Not the Nursing Home, nor Hospice, nor even the Court appointed Guardian. It seems amazing to me that with all these people trying to contact me, that not one of their phone numbers shows up on my Cell Phone’s call log, nor any messages found in my Voicemail. It also seems strange to me that when the Minister and I were visiting her the day before, she was only running a slight fever, with a touch of phlegm in her throat. Hospice did have her on 24 Hour watch, because she was getting over a mild case of Pneumonia, (Hence The Slight Fever, And Bit Of Phlegm Still In Her Throat), but aside from that she seemed her usual self. Alas, the plot does get stranger, and thicker from here on, as I also have no Phone calls on my phone from any of these people during the 30 Hours prior to the time I last saw my Mother, until her death. Yes, it’s possible my Mother could have passed away without any sign of getting worse, and had this been the case, I doubt a Nursing Home would have immediately contacted a crematorium in a totally different county, and had them come get the body only an hour, and a half after her death. (Mind You Driving From Pinellas, To Brandon Takes About 1.5 Hours, Even At Midnight). Two things come to mind immediately after hearing this, 1.) Under Florida Law, The Nursing Home is required to wait up to 8 hours, to get the signature of the nearest living relative, so they can release the body to the crematorium, (Or Send The Body Somewhere The Family Would Desire The Body Sent), not just pick one on their own, for immediate disposal. 2.) This Crematorium is about an hour and a half driving time from where this Nursing Home is located. Meaning that the Nursing Home had to call the Crematorium for pick up, within minutes of my Mom’s death. 3.) The Hospice worker who was on watch when my Mother passed away has yet to call me, or his superiors to tell what happen that evening, in spite of being asked to by his superiors several times over the past Month. Could these events have been harmless oversights? Possibly, until you begin to consider the extent of the 2 Year battle I have been in with Florida’s Department Of Children, And Families, The Nursing Home, and their joint incompetence which almost cost my Mother her life about 6 Months back, for the sake of giving her something as simple as a Laxative to help move the “Obstruction”, which caused them to instead, turn off her Feeding Tube for almost a week. Or the fact that they continued to cut her feeding tube shorter, and shorter, instead of sending her to the Hospital for the replacement that Doctor’s recommend be done every 6 Months. Looking back at all of the events of the past 2 Years, would anyone deem me to be crazy to feel that my Mom’s death be considered, “Suspicious”? As of the time of this writing, Mom is still laying in the Freezer at the Crematorium, awaiting the outcome of an M. E.’s Investigation, which I had to move heaven and earth to even get the M.E. to consider there might just be something wrong going on here, because under Florida Law, if someone dies in the care of a Hospital, or Nursing Home, it is considered forthright, and proper. It also amazes me that the level of care is so high in these “Institutions Of Life”, that no one needs to question the passing of anyone, as long as it happens in one of these Time Honored Institutions. Update - 05-03-2011: I contacted Social Security today to see if the Guardian has notified them of my Mom’s death yet. What a surprise to find out that they were just notified earlier today, 25 Days after her passing. Update - 05-04-2011: I contacted the County M.E. again today to see if they had decided to do the autopsy, only to be told that they were not going to do an Autopsy on my Mom, as their rules about this matter are clear. Then this gentleman told me, that he had my Mom’s file in front of him, and from what he could see there, and I quote, “Even If Her Death Were Caused By An Accidental Overdosing Of The Patient, The County Would Not Perform An Autopsy”. – This Is A Direct Quote From The Assistant M.E. I Spoke To. From the way he made this statement, so out of context, I felt sure he was telling me where to look, to find the evidence I needed to prove the guilt of the parties involved. Update - 05-18-2011: I was contacted this afternoon by the Medical Examiner’s Office who informed me the they were going to do an autopsy on my Mother, because the director of the crematorium had contacted them, and complained so profusely over being stuck with her body for the past 2 months that he need them to resolve this matter for him. I was told that if I agreed to have my Mother cremated someplace else, as soon as they did the Autopsy, they would agree to perform one on her. I agreed immediately, as I had already exhausted any option I had of having one performed, and had already intended to call the crematorium to give them permission to proceed with the cremation, when the call from the M.E. came in. 2 Days later I was told the autopsy had been done, and that I would have the results in 9 to 10 Weeks. I was then reminded that it was my turn to hold up my part of the agreement, and give them a name of the place I wished the body to be cremated. I told them I would make a few calls, and get back to them in a few hours. I decided to contact the same crematorium in Pinellas County that Mom had been, and make my apologies for sticking him with Mom for so long, and began my apology by thanking him profusely for using his clout to get the M.E. to perform the autopsy to begin with. To my surprise, he told me he had never contacted them, nor complained to any one at their office about the matter. In fact, he was amazed when they called him that morning to request him to send the body to them for the autopsy. In my mind, this began to tie a few of the facts together, since it had been Hillsborough County that might be considered as having something to do with my Mom’s death at the hands of the Nursing Home, they may have felt an autopsy would help to shield them from blame. Update - 06-22-2011: I was contacted this afternoon by the Medical Examiner’s Office who informed me they had the results back of my Mother’s autopsy, and in their opinion she had died of natural causes. When I heard this I was a bit surprised to say the least, an asked what the Toxicology Report showed. I was told that it had not come back yet, but would be there soon. I asked to have a copy sent to me also, and was told I was not allowed to have a copy of it as it was against their rules. Odd, I thought, but I had a way around it, and had a Doctor friend get a copy of it, and send it to me. To my surprise, the M.E. had ruled Mom’s death as natural causes, but the Toxicology Report showed a totally different story, as it found Mom’s level of Morphine in her blood, to be twice the lethal level. Which was exactly what the Assistant M.E. had back-handedly told me more than a month earlier. Mom had been murdered, plain and simple. Update - 010-02-2011: As of today, I have still been unable to find an Attorney to become involved in this case, bring justice to the guilty parties, or get any kind of justice for my Mother’s death. The reason, as it’s been explained to me, is there is no profit, “$”, in seeing justice done.
"Neil Roe Letter - PDF"