Please see below, and if Sen. McCain helps, it for sure will reach the dozens of probate blogs out there and other blogs protecting the elderly and disabled.
This message is regarding Alan Smith, Retired Colonel, US Army Corp Engineers. He is being held against his will in a nursing home, with a forced feeding tube when he can eat and chew food, the nursing home won’t take the time. Wife Glenda desperately wants to take him back home and care for him at home. He was put in the nursing home because he has a sizeable estate the court wants to attack and drain. I believe they have done a great job so far.
My heart and prayers go out to you, Glenda.
Dear Senator McCain
I receive your newsletters regularly and have written to you in the past and you have responded.
I imagine this request is close to your heart because it involves a fellow Decorated WAR VETERAN and his family. My good friend Glenda and her husband Alan, the Decorated War Veteran is in a situation worse the VA Phoenix situation and his situation is more like a concentration camp
The content below is
2. A War Veterans Needs including Discrimination and Violations .
3. Validation by advocates of this destructive epidemic across USA.
4. Center for Public Representation articles “Constitutional law, state law, the nature and scope of the legal authority to NOT control with whom an adult can associate. .
5. In closing In the spirit of the Holidays, Compassion, Entitlement and Equal protection of the law! Preserving the Constitution And the Sanctity of Marriage, Family. Community and Life is more important By Ken Ditkowski, Esq
6. List of a few advocates across our Nation who can Validate the depth and breath of the epidemic fraud, theft, deception and destruction of our constitution, family and lives for self profit and self dealing .
We need your assistance to correct this horrific illegal attack at the very fiber of our Constitution, Bill of rights
Civil rights, Community, Family, Life and Morality as human beings.
I am forwarding Glenda plea for help and also Our friend, Ken Ditkowsky, Esq
pleas and emails
I know you won’t forsake them
RN BSN MSN CNS
5017 Winchcomb Dr.
Scottsdale, AZ 85254
May I have permission to send this email regarding
The Discrimination and Violation of All Rights, equal protection under the law and report the neglect and abuse on all levels to organizations and individuals that SHOULD take responsibility and assist you and Allen
Yes Glenda, you are correct –
This is beyond unacceptable Criminal Behavior
Yes this is Torture for both of you
Yes this is occurring to many of our friends across the nation
And yes some of our friends and loved one have DIED in identical situation
Yes this is more devastating and destructive than the Phoenix VA outpatient clinics Fraud
I live in Phoenix have been to the Phoenix VA system and also a dependent in the military system
Glenda Martinez <email@example.com>, “Nancy
If you or anyone have any suggestions AS WHAT CAN BE DONE PLEASE HELP
Lord have Mercy!!!!!
IS THIS THE WAY OUR DECORATED WAR VETERANS ARE TO LiVE Their last days on earth
To Die Alone in a cold and uncaring nursing home.At the hands of CRIMINALS, PERPETRATORS and THIEVES????
This is one of the several pictures sent to me Alan, my dear husband is neglected and left alone for hours and shifts and none of his hygiene protocol are taking place in this nursing home
Alan does not receive any cognitive stimulation. No cognitive activities,
No physical therapy. No speech therapy which are direly needed by Alan’s condition and standards of care .
Alan is left alone to languish in bed and probably develop bed sores, infection and die a premature death
His only pleasure (eating his food) was taken away and put on a PEG force feed tube into his stomach!!!
Alan is beet red which is either his blood sugar or his blood pressure soaring out of control
Three days have passed and The paid private aide is gone ??
Alan suffered a Traumatic Brain Injury, and needs continuous treatment but nothing is being done for months now, just let to suffer !!!!!!!!!!!!!!! ,
so Alan can die quickly and they can plunder all that is left in the Estate !!!!!
I have become completely sick to my stomach and the knot and pain wont go away!!
Nancy, you and Ken Esq., Joanne, Esq., Marti, Tom Fields, Roseanne , Beverly Newman EdD and others know how epidemic and destructive these people are across the country First Hand
criminals and thieves,the”nursing homes & attorney” ”
They make a fortune living off the vulnerable and disabled
-the young Developmental Disabled like your niece Danielle Mutphy
-VETERAN like my husband Alan
– ELDERLY like your mothers and fathers SHAME ON THEM!!!!!!!
This is TORTURE.
I asked for the Catholic Priest to visit with Alan two days ago, they would NOT even let the Catholic Priest in to visit ALAN either!!! Unconscionable
How and why is this System allowed to get away with violating Rights with fraudulent orders
Everyone who want to visit Alan is barred from seeing him??
To hide their criminal acts, the neglect, abuse and fraud
Even the Police are NOT allowed to do a WELFARE Check.
What stupid authority does this ABUSIVE CRIMINAL PERPETRATOR guardian have to manipulate the entire system including the nursing home director and staff, into not letting anyone in and my husband die alone ?
Alan doesn’t need a guardian What is Wrong with our Country
I am praying Alan doesn’t die over the holidays, its his birthday and our anniversary next week.
I love Alan with all my heart,
He is the most caring, brilliant and lovable person.
Everyone who meets him is always impressed at his good nature and pleasant attitude!
This is a CRIME,
THOSE CRIMINALS CRAMER &MORRIS, NEED TO BE STOPPED from destroying
LIVES and FAMILIES Please Help
I only wish Senator McCain and others would listen and help Alan before its too late! Yesterday was Alan’s birthday, I took his gift, cards and flowers and sent them up with one of Alan’s past nursing aides, but they would not let him go up to see how Alan was, nor take him the gifts even! They say the guardian does not want anyone to see Alan, unless they are on his list (the list probably has only himself and the sociopath attorney of his! They are not only physically harming Alan, but also emotionally, at not even permitting someone to come and wish him a happy birthday. The abuse is intolerable for Alan and worse for me, I became so upset, got a migraine I’ve had all day, and my blood pressure went flying up. This is emotionally killing me! Today I spent part of the day calling agencies reporting the abuse, and I wish there had been more hours of the day to report it to some other ones. The kind retired judge Raab suggested I was to go in person to the Elder Abuse Agency on Friday and speak with the manager there (if he can be found) and then put the judge on the line to speak with him also. He says “this whole scenario stinks, something fishy going on here”! He wants to help Alan. And thank you to all that also have tried helping us during the last few days, you have been of great The problem is that the abusive nursing home in our case, doesn’t care who or how they are harming the victim, emotionally nor physically. They could care less as long as they can continue helping themselves to as much money each month as can —-presenting fraudulent billings and statements for “services provided” to the ward, which should actually read, “services provided for actively abusing and neglecting, so to slowly murder the ward” , and doing this by chemically restraining, taking all food and water away from victim, and sticking a force fed tube into Alan’s stomach because no one has the time to help feed him. They are predatory, deviant, Sociopath! feeds on inflicting as much pain as can to Alan and me, and who knows to how many other of his “ward” they are doing this to! As Ken states definitely needs to be honest and thorough independent audit and investigated
Center for Public Representation article
“legal authority to control with whom an adult ward can associate?”
The answer will be informed by an analysis of Constitutional law, state law, the nature and scope of the guardianship order, the age of the ward, as well as his/her ability to express clear preferences. State constitutions, statutes and regulations must be part of any analysis of this question. Some states’ “mental health patients'” rights statutes, for example, Massachusetts, recognize the fundamental nature and the right of association and do not permit its restriction for any individual, unless there is a compelling clinical justification.An individual’s ability to spend time with and be in relationship with whomever he/she chooses springs from the Constitutional right to free association. Arguably, no state civil court order of any type can interfere with an individual’s right to exercise his/her constitutional rights. However, there are numerous state law guardianship cases that appear to do just that.One of the most frequently litigated issues is whether a guardian has the authority to initiate divorce proceedings on behalf of a ward. The Illinois Supreme Court has recognized a strong majority rule that, absent statutory authorization, a guardian cannot maintain an action, on behalf of a ward, for the dissolution of a ward’s marriage. In re Marriage of Drews, 115 Ill.2d 201, 503 N.E.2d 339, 104 Ill.Dec. 782 (Sup. Ct. Ill. 1986), rehearing denied, Jan. 30, 1987. The Court, however, held that annulment of a marriage was within the authority of the guardian under state law. Presumably, this power is based on the premise that the ward does not have the legal authority to enter a contract. See also Wood v. Beard, 107 So.2d 198, 200 (Fla.Dist.Ct.App.1958); Phillips v. Phillips, 203 Ga. 106, 108-09, 112, 45 S.E.2d 621, 622, 624 (1947); State ex rel. Quear v. Madison Circuit Court , 229 Ind. 503, 504-05, 99 N.E.2d 254, 255 (1951); Mohler v. Shank’s Estate, 93 Iowa 273, 277-79, 61 N.W. 981, 983 (1895); Birdzell v. Birdzell, 33 Kan. 433, 435-36, 6 P. 561, 561-62 (1885); Johnson v. Johnson, 294 Ky. 77, 78, 170 S.W.2d 889, 889-90 (1943); Stevens v. Stevens, 266 Mich. 446, 254 N.W. 162 (1934); Higginbotham v. Higginbotham, 146 S.W.2d 856, 857 (Mo.Ct.App.1940); In re Jennings, 187 N.J.Super. 55, 58-59, 453 A.2d 572, 574 (1981); Mohrmann v. Kob, 291 N.Y. 181, 189-90, 51 N.E.2d 921, 924-25 (1943); Freeman v. Freeman, 34 N.C.App. 301, 302-03, 237 S.E.2d 857, 858(1977); Hart v. Hart, 705 S.W.2d 332(Tex.Ct.App.1986); cf. Campbell v. Campbell, 242 Ala. 141, 142, 5 So.2d 401, 401-02 (1941) (stating the general rule but finding statutory authorization); Cohn v. Carlisle, 310 Mass. 126, 128, 37 N.E.2d 260, 262 (1941) (finding statutory authorization); Kuta v. Kuta, 154 Neb. 263, 264-66, 47 N.W.2d 558, 559 (1951) (finding statutory authorization)The parens patriae authority of the state to impose guardianship on individuals determined not to be competent carries with it all of the trappings of best interest. However, Courts often couple the best interest standard with that of the individual’s expressed preference. One guardianship case taking many twists and turns over a seven year period involved a lesbian who had experienced a head injury in an automobile accident and whose family, although initially a co-guardian with her lover, moved for exclusive guardianship and the right to prohibit any contact between their daughter and her lover. The modification of the guardianship and the restriction on contact was originally permitted by the trial court and the Minnesota Court of Appeals, based on a finding that it was in the ward’s best interest and she was incapable of expressing a preference. Ultimately, the woman’s lover obtained guardianship based on a subsequent determination by the Minnesota Court of Appeals that it was both the ward’s preference and also in her best interest. In re Guardianship of Kowalski, 382 N.W.2d 861 (Minn. Ct. App. 1986), 392 N.W.2d 310, (Minn. Ct. App. 1986), and 478 N.W.2d 790 (Minn. Ct. App. 1991). See also In the Matter of the Guardianship of Miller, 1988 WL 106662, (Ohio App. 4 Dist.) (visitation of a stroke victim by previous common-law husband was not in the ward’s best interest and was consistent with the ward’s preference); In the Matter of M.R., 628 A.2d 1274 (NJ 1994) (overruling trial court’s order placing adult ward with mother when ward had expressed preference to live with father). However, the best interest standard is alive and at times is the only consideration in making a determination regarding association. In the Matter of Abbott, 1995 WL 419968 (Del. Ch.) (court applied best interest standard exclusively in determining whether to permit visitation and imposing limitations on frequency).There is a growing recognition in case law that guardianship should be narrowly tailored and that the least restrictive approach should be adopted when limiting an individual’s control over his/her life. In the Matter of Guardianship of Braaten, 502 N.W.2d 512 (Sup Ct. N.D., 1993), a case brought by the North Dakota P&A, the parents and guardians of an adult woman with mild mental retardation sought to restrict her smoking and to keep her from a boyfriend they believed to be abusive. The case challenged the broad general guardianship order that had been entered by the trial court as there was only evidence of incompetence regarding medical treatment decisions. The Court found that this guardianship was not the least restrictive and that the guardianship order should be narrowed to only encompass medical decisions. See also, In the Matter of the Guardianship of Hedin v. Gonzales, 528 N.W.2d 567 (Sup. Ct. Iowa 1995); In re the Matter of Boyer, 636 P.2d. 1085 (Sup. Ct. Iowa, 1981).There is no simple answer as to whether a guardian can limit a ward’s association. This question is even more complicated for children. To minimize the likelihood of these possible conflicts, P&As should be vigilant in their efforts to defend against unnecessary guardianships or to have guardianships that may be appropriate to be as narrowly tailored as possible.
Have a nice Christmas Nancy and All.
I know all I want for Christmas is for all our abused, neglected and isolated loved ones to come home!
Glenda and Alan
On Dec 22,2014, at 9:00 AM,
kenneth ditkowsky <firstname.lastname@example.org> wrote:
It would be nice if in the Christmas Season if anyone could demonstrate some compassion and Christmas spirit. Mrs. Martinez is not asking for anything other than that which she and her husband are entitled – Equal protection of the law!
I do not understand why this is so difficult as we do live in America. Yes I know it is not politically correct to mention Christmas, Christ, God, Mercy, Honor, Justice or similar words as some no account ****** hypothetical individual might be offended,
kenneth ditkowsky esq
More Important to consider is
Preserving the Constitution
And the Sanctity of Marriage, Family. Community and Life
Restore and return the family
To what God and our Founding Fathers had intended by sponsoring and signing a declaration to do just that
NO ONE IS TO Segregate, confine or isolate another human being unless a danger to himself or society.
NO one is to take charge of another person estate unless is granted by the person and family’s
Immediately , the rights will return to the families under the terms of our Constitution, inalienable rights , human Rights and civil rights as intended
From: Nancy Vallone <email@example.com>
December 22, 2014
kenneth ditkowsky <firstname.lastname@example.org>Cc: Glenda Martinez <email@example.com>, ”