More From the Barbara Stone case–Affidavits of witnesses of Helen Stone’s care

NB:I apologize for any formatting and spelling errors, this is from  OCR’d documents

From Candice Schwager:

Affidavits and Statements regarding M,s. Stone’s abuse and horrifying deprivation of care
Rabbi Edwin Farber
(hebrew text)
AFFIDAVIT OF RABBI ED FARBER
I, RABBI ED FARBER being duly sworn, state as follows:
• I have served as the Rabbi of Beth Torah Synagogue in North Miami Beach for 18 years. Prior to my
serving as Rabbi, I was the Rabbi at Temple Samu-EI Or Olom for 16 years in S. Dade Miami.
• I began visiting Helen Stone in August of 2013. I had met her son and then later her daughter and
learned that Mrs. Stone and her family had been part of the Beth Torah congregation I serve for many
years prior to my arrival there as the Rabbi.
• I visited Mrs. Stone in her apartment in Aventura frequently which is very nearby my home and my
synagogue.
• From the very first visit I had many concerns about her care. At first I wondered why the aides, who
knew I was coming, didn’t make sure that Mrs. Stone was dressed and comfortable to receive her
Rabbi. She was always in pajamas and a type of bathrobe with her hair unkempt and she would
apologize to me about her dress.
• I told her it wasn’t important and that she should feel comfortable in her own home. But it seemed odd
to me that the aides had no concern about how she was dressed even in the middle of the afternoon.
• I observed that Mrs. Stone did not have adequate food in the house and she was painfully thin. I was
so concerned that following my visit, I ordered food to be delivered to the house. On subsequent
visits, there was never sufficient food.
• I also noted that Mrs. Stone was very unsteady on her feet and as she gave me a tour of the apartment
and told me the story of her upbringing in the Deep South and her move to Miami as a young girl I
asked her about a walker. She told me she didn’t have one. I looked around the apartment and indeed
there wasn’t one in sight. It was only after I indicated my concern that a few days later two walkers –
one with a seat and one without – appeared in the apartment.
• I asked Mrs. Stone if she was getting out on a regular basis and she told me she wasn’t. The guardians
indicated to me that she was taken out regularly – sometimes to a beauty parlor – and that Mrs. Stone
was just forgetful. Yet not one tifue when I visited her was her hair done so this caused me to wonder
what the accurate story was. I discussed all this with her daughter Barbara who was gravely concerned
about her mother’s care. .
Beth Torah Adath Yeshurun. Inc.
20350 Northeast 26~ Avenue I 305-932-2829 I RabbiEdFarber@aol.com
North Miami Beach, FL 33180 FAX: 305-933-6955 http://www.btbrc.org
• In all my discussions with Mrs. Stone the biggest topic was her daughter. She was upset that she
didn’t see her daughter more often. She said that was her only really joy anymore as all her friends in
the building were gone and Barbara was her best friend.
• Mrs. Stone would talk about how good her daughter was but she lived in NY and didn’t have time to visit her that often. I didn’t tell her that in fact her daughter was right here in Florida but her visits were restricted. At one point Barbara had been here three straight weeks and was only allowed to see her mother once a week during that stretch oftime.
• Mrs. Stone also told me repeatedly that she would like her own lawyer. I did not know how to follow up on that but I did try to keep the court abreast of all that I had noted in my visits.
• One Friday I visited her to wish her a ‘Good Shabbos’ and she was very happy to see me and gave me the same tour and history lesson. She was very animated and asked about my family and my grandchildren. I told her I had to go to New Jersey for a conference and would see her next week
• I came back the following Wednesday and when I came in I found Mrs. Stone sitting on the couch unable to lift her head or utter a single sentence. She mumbled some words but they were incomprehensible. She was not sleeping – she was awake but not functioning. I could not believe that the aides had not called a Doctor or 911 as something was clearly very wrong with Mrs. Stone. The woman who was walking me around the apartment 5 days before and giving me a history lesson about her family in the Deep South could not lift her head, focus her eyes or say a sentence. I went to take a video of her to send to the guardians so they would see the situation and the aide called the guardian. I thought it was to alert the guardian to Mrs. Stone’s condition. As it turned out it was to alert the
guardians to the fact that I was taking a video and I was told to stop or to leave immediately. I stopped, left and composed a text to the guardians alerting them to Mrs. Stone’s condition.
• That text was sent on November 6″‘. I have a copy in my phone. I also alerted Barbara to the situation.
It wasn’t for another day and Y, until Mrs. Stone was hospitalized and was so weak that they had to put a feeding tube in her as she didn’t have the strength to swallow. That took nearly 36 hours to hospitalize her is beyond my comprehension. What did she do for food during those 36 hours? I cannot imagine that she was able to swallow in that condition.
• I continued to visit Mrs. Stone in the hospital and in the rehab at Palm Gardens. At that time Barbara was given by the court regular visiting hours every day and that was a great source of happiness to Mrs. Stone.
• Barbara was there during the entire time her visits were allowed. She devoted much time seeing to it that her mother ate and attended the rehab provided by Palm Gardens.
• Several times I visited her in Palm Gardens with Barbara there and the conversations were very animated.
• Mrs. Stone wanted to get out of bed to go to the bathroom but she was told she COUldn’t and this greatly agitated her. It was the aide hired by the guardians who told her this.
• We have people in our synagogue who belp us with visitation of the elderly and the ill. Those visits
were not welcome by the guardians and they came to an end rather quickly.
• I asked a few times to be able to talk with Mrs. Stone privately but the aides refused to allow me to do
that. I felt that Mrs. Stone might have felt intimidated by the aides presence and wouldn’t talk to me in
a direct fashion about how she was doing and bow she felt.
• Whenever Barbara visited her mother, she was actually “shadowed” by an aide. The aide literally
followed her less than I foot away. It was bizarre and a brazen intrusion on Mrs. Stone’s personal
space and greatly impeded her enjoyment of her visits from Barbara.
• After Mrs. Stone left Palm Gardens I was contacted by the guardians and told that I would not be
welcome to visit Mrs. Stone anymore and would not be apprised of her location. I was agitating her
they said my visits resulted in ‘pain’ and ‘anguish’ for Mrs. Stone.
• They of course had never been there during my visits and I can assure you it was anything but that.
Mrs. Stone enjoyed my visits and except for the one time she could not even respond which I
described above she was always very happy to see me.
• The reason the guardians didn’t want me to visit was that they were aware that I was writing to the
court about my concerns about the care Mrs. Stone was receiving. I asked them to arrange for another
Rabbi to visit but never received a response.
• So here we have them trying to first isolate Mrs. Stone from her daughter and then from me and from
anyone who tried to visit her from the synagogue.
• What we have here is an increasing isolation of Mrs. Stone from anyone other than her aides who I
can assure you paid little attention to her.
• At the previous hearing, instead of investigating the obvious neglect and abuse of Mrs. Stone and her
inexplicable emaciated condition, the hearing was centered around Barbara Stone.
• Further, throughout their oversight of Mrs. Stone, these guardians have ignored Mrs. Stone needs. It
was only after I raised concerns about her care that any attention to her needs was provided. She was
deprived food. She did not have a walker until I complained.
• Her medications were not posted anywhere in the house yet she had people administering medication
without any apparent knowledge of what she was being given. Mrs. Stone appear drugged and over
medicated on many occasions.
• It was over 36 hours before she was taken to the hospital when it was obvious she was in severe
distress. No, I am not a Doctor, but it doesn’t take a Dr. to see that a person is in severe distress. I
may not be a Doctor but I was a son for 55 years of my life and if I saw my mother like that I would
have dialed 9 I I in an instant.
The fact that by the time she got to the hospital she needed a feeding tube is an indication that her
caregivers and her guardians who were alerted by me to the situation simply allowed her waited
months to too long – way too long.
Mrs. Stone should not be isolated, neglected and abused. She needs enrichment, not deprivation and she
needs to see her daughter and to have her Rabbi visit her.
STATEOF Ft.
COUNTY OF DAb€!:
,t ~–Rabbi
Ed Farber
Sworn to and subscribed before me this 11th day of February, 2014 by Rabbi Ed Farber.
(printed or typed name of notary public and stamp)
My commission expires: 3-;;./-/5
Judge Michael A Genden
73 west Flagler Street
Miami, FL 33130
December 18, 2013
To the Honorable Judge Michael A Genden
From: Rabbi Edwin Farber
Re: Guardianship of Helen Stone
Dear Judge Genden;
I hesitate to write once again to you concerning Mrs. Helen stone but it is my obligation not 10
stand by silenfty while I watch what appears to me to be a sad case of neglect of the elderly and
the strange desire of the guardians 10 isolate Mrs. Stone from visitors. I have continued 10 visit Mrs.
Helen stone since her hospitalization In Aventura to her present stay at Palm Gardens Nursing
Home in Aventura. I remain astonished and concemed at Ihe behavior of the aides who are
attending to Mrs. stone. In order to provide Mrs. Stone with some human Interaction I have had
volunteers from my Synagogue visit her. They go there to engage her In conversation and offer
companionship. One is a professionally trained care giver and two others are very compassionate
women who I have seen take care of their elderly and ailing parents until their passing. To my great
distress and embarrassment all three of them were sent away by the aides hired by the guardian. It
is standard operating procedure In this community for volunteers from faith communities to visit the
eldeMy in our hospitals and nursing homes to provide them with seme very important social
interaction and to make sure they don’t feel alone and abandoned. Each person introduced
themselves as being representatives from the synagogue yet they were sent away. I was sending
them to visit when the daughter Barbara was not in Miami and at times when Barbara was not
pemnitted to visii. There is a very clear attempt to isolate Mrs. Stone who is very animated al),d
happy when visitors do come. I see no justification for this kind of behavior by the aides who are
acting under direction from the guardians. I know that because the aides got on the phone with the
guardians when the visitors came and then instructed them to leave.
On Tuesday, I visited Mrs. stone and was welcomed. However, when I indicated to the aide that I
wanted to speak privately with Mrs. Stone and to pray with her for her well being I was told tlilat this
was not possible. The aide could not leave Mrs. stone alone. I told herlhat In my entire car””,r I
had never met such a response. I then went with Helen and her daughter who was there at tile
time for a walk in .the hallway (wilh Mrs. Stone in the wheelchair) and to my astonishment thE\ aide
followed us and was taking notes throughout the walk. At about 5 minutes before 5:00 pm the Aide
began and out loud countdown for Barbara telling her every two minutes how much time she had
before she had to leave. Excuse the levtty, but I thought we were at a football game and were
getting the tWo-mlnute warning. At exacfty 5 pm the aide infonned me that I could stay but Barbara
stone would have to leave as her visiting hours were over. I asked her if she wasn~ seeing tljat
Helen was animated, laughing, telling me her life story and bragging about her very brilliant
daughter – that Helen was having a good time? She said – I need to enforce the visitation hows for
the daughter and they are up. I have visited people in jail and I remember how strict they were
there In enforCing the exact time of visitation but even there I saw some latilude. What the aide to
me was saying is: I am not here to see to the welfare and best interests of Helen Stone but to
make sure her daughter doesn’t spend one extra minute with her mother and that the mother not
__ ,,””,==I.c!lallB-Q.n”‘.~J<Ira.lI>i.”~6£f~~!~asU~U1Bl:·g~!er!s-GG!!lPa!lI’dHl.lJtGal!§ll.teF-WaS:-eatlsing-.-.-. — …….. _-
aglfation to her Mom then that would be the aide’s responsibility. On this we all concur. But it’s the
opposite. Mrs. stone was clearly happy to be with her daughter and was smiling, laughing and tell
us all about her very smart and wonderful daughter.
I was also astonished when the aide refused to identify herself or show her credentials. We were
told that if we had any questions we couJd call the agency that sent her. That was such a bizarre
response that I don’t even know how to respond to it. I want to add that all three of the visitors who
after a short while were sent away by the aides indicated how perturbed they were at the hos~ lity
of the aide and how the aide seemed to have no interest in the good time Helen was having with
the visitors. She spent most of her time while we were there franticly writing notes which I suppose
.– .:: :.
were io report back to the guardians.
During the visit I asked Helen if there was anything she wanted that I eQuid do for her. She said, ‘I
want an attorney, I want honest people around me.’ She repeated that to me numerous times
during the visit. I implore the court to actively Investigate the care that Mrs. stone Is receiving at
‘this time by the aides assigned by the guardians, their apparent desire to keep her away froll],
visitors and the continued desire of the guardians to keep Helen away from her daughter as much
as possible.
Th,;nk you very much for your attention. It is most appreciated.
Sincerely,
Edwin Farber, Rabbi
,
‘1,
Judge Michael A Genden
73 West Flagler Street
Miami, Fl33130
October 9, 2013
To the Honorable Judge Michael A Genden
From: Rabbi Edwin Farber
Re: Guardianship of Helen Stone
Dear Judge Genden;
As a Rabbi in the community [feel compelled to write this letter and pass on to you the
enclosed affidavit of a licensed Occupational Therapist – Harriet Collier – that was brought to
my attention concerning the condition of Helen Stone who in the earlier years was a member of
my congregation in N. Dade. I understand that Helen Stone is under the supervision of a
guardian appointed by the court and that it is with the court I should raise my concerns.
I had an opportunity to visit with Mrs. Stone on October 8th in her apartment and was
concerned about the following:
1) It was 1 pm and she had just gotten out of bed about 12 pm. She told me that she loses
track of time and her caregivers just let her sleep and don’t awaken her or encourage
her to get out of bed, dress and eat. She did speak of them kindly although indicated
that they do not engage her in anything at all during the day.
2) Her hair was completely disheveled and she was wearing a robe that was much too big
for her.
3) She thinks she had breakfast but didn’t remember what and the kitchen showed no
signs of any food having been served. The refrigerator didn’t have much in it and most
of it looked like it was fast food – perhaps that was the caretaker’s food.
4) I have visited ot her seniors in similar conditions and I always saw a chart of their
medications posted so that one caregiver would know what the other had done. I saw
no such chart and Mrs. Stone had no idea if such a think existed. Perhaps it was in a
hidden location but it was not on obvious display anywhere.
5) She told me that they hardly ever take her anywhere anymore and that the most
important thing to her each day is the call of her daughter and the anticipation of her
daughter’s Yisits from NY.
These observations along with the affidavit I have enclosed led me to think that someone needs
to check on this guardianship to make sure that Mrs. Stone is properly being cared for and that
there is some stimulus and engagement on the part of the caregivers and not just ‘baby-sitting’.
It appears to me that there is serious neglect in this instance which puts Mrs. Stone in a
dangerous situation. The small amount of food in the refrigerator gave me great pause and
although it isn’t surprising to see senior lose weight Mrs. Stone seemed very, very thin.
Hi Jackie,
I wanted to explain why I didn’t take your call while I was visiting with Helen
Stone today. Helen was very, very disoriented when I came to visit. She was
sitting in the couch unable to even lift her head off the couch. Her speech
was slurred and her eyes were unfocused. She would sometimes completely
‘tune out’ with a long distant look in her eyes and not respond to me. I didn’t
want at that t ime to talk in front of her or to walk away from her. This visit
was unlike any visit with her in the past including my visit just last Thursday.
She was always animated and was walking around the apartment showing
me pictures and telling me stories. The one recurrent theme was how happy
she was when her daughter Barbara visited with her. She told me about her
husband buying the apartment and setting it up so beautifully and how her
‘Daddy’ in Mississippi was so good to the blacks and taught her to be
respectful and kind to all people. Now I found a woman who couldn’t lift her
head, had glazed over eyes, couldn’t say a full sentence and thought she was
in NY last week. The deterioration was dramatic. What will she be like when
I see her in a few days? I don’t know but I left extremely concerned about
her. f did not want to express that In front of her and so I didn’t take your
call. I thought I had your number in my phone but I didn’t – so I couldn’t call
you when I left.
I will tell you that my singular purpose is simply to help her see her daughter
more frequently. There is no purpose in keeping them separated. Barbara
was here for over two weeks and only had the opportunity to see her Mom
twice. That is just incomprehensible to me. Every time I visit Helen focuses
on her daughter and the joy of talking with her on the phone and seeing her.
Until this visit today she was always able to tell me the last time her
daughter visited. This time she could not remember but as I indicated she
was not saying full sentences and was unable to focus and directly respond
to most of my questions. I was really shocked by her condition and can only
hope that it is temporary. I quite frankly don’t even know where she would
get the strength to eat based on what I saw today. I know that you will check
this apparent sudden deterioration out very soon.
Rabbi Ed Farber
Judge Michael A Genden
73 West Flagler Street
Miami, FL 33130
October 9, 2013
To the Honorable Judge Michael A Genden
From: Rabbi Edwin Farber
Re: Guardianship of Helen Stone
Dear Judge Genden;
·:·.i ….. ‘ …… … , …. “‘. —. -!,~.———,—-,~,….,,~
CFN: 20130956666 BOOK 28939 PAGE 3388
As a Rabbi in the community I feel compelled to write this letter and pass on to you the
Emclosed affidavit of a licensed Octupational Therapist – Harriet Collier – that was brought to
my attention concerning the condition of Helen Stone Who in tho eaflier years was a member of
my congregation in N. Dade. I understand that Helen Stone is under the supervision of a
guardian appointed by the court and that it is with the court I should raise my concerns.
I had an opportunity to visit with Mrs. Stone on October Bth in her apartment and was
concerned about the following:
II It was 1 pm and she had just gotten out of bed about 12 pm, She told me that she loses
track oftlme and her caregivers just let her sleep and don.’t awaken her or encourage
her to get out of bed, dress and eat. She did speak of them kindly although indicated
that they do not engage her in anything at all during the day.
2) Her hair Was completely disheveled and she was wearing a robe that was much too big
for her.
3) She thinks she had breakfast but didn’t remember what and the kitchen showed no
signs of any food having been served. The refrIgerator didn’t have much in it and most
of it looked like It was fast food – perhaps that was the caretaker’s food.
4) I have visited other seniors In similar conditions and I always saw a chart of their
medications posted so that one caregiver would know what the other had done. I saw
ho such chart and Mrs, Stone had no idea if such a think existed. Perhaps it was In a
hidden location but it was not on obvious display anywhere,
5) She told me that they hardly ever take her anywhere anymore and that the most
Important thing to her each day is the call of her daughter and the anticipation of her
daughter’s visrts from NY.
These observations along with the affidavit I have enclosed led me to think that someone needs
to check on this guardianship to make sure that Mrs, Stone is properly being cared for and that
there is some stimulus and engagement on the part of the caregivers and not Just ‘baby·sitting’.
It appears to me that there Is serious neglect in this Instance which puts Mrs, Stone in a
‘ .. — .. , — .. — – dangerous situatioh.The-·small amountoffoodinthe..refrjgeratoI. gave·.meil(.eat.paJ.!~e.and
although it isn’t surprising to see senior lose weight Mrs. Stone seemed very, very thin.
I appreciate the time you have given to reading this letter and looking over the affidavit and
hope that the current guardianship can be suspended and replaced temporarily until the court
is satisfied that Mrs. Stone is indeed receiving the best possible care and supervision.
Thank you once again for your attention and your concern.
Ed Farber, Rabbi
Beth Torah – Benny Rok Campus
Miami, Florida
———_._- ..•.• ‘ ….. _—-_ •. _— .——–
AFFIDAVIT OF HARJ!I!:T COLLIER
I, HARRIET COUI.liR, belng duly sworn, :mde as follows:
• lam’ a Licensed Occupational Therapist with lIIiIIlY yc:ars of experience ;in earing for elderly
persons. MY credentials are attached. –
• I was present on Juru: 17, 2013 and IllI\e 19, 201~, when Barbam Stone ~ visiting with her
ll1otber, Helen Stone.
• 00 both visits WillI Mm. SlDllll &be 10Id me how happy ,he was !hilt her daughter BIIIbanI 8tolB> bad
com. to !:ee her. The saddeot tbiag 10 JI)8 was hearl!Ig:Mrs. SIoQe moth … rcpeMll<Uy stam ~ut
bo1b. mil!! bet desire to haw ber daugh ….. Bo.rl>ata stay With h<:r at Iw ~cnt during her daugh!ets
visit
• It was clear that she was happy to see hox danghfel: Batbarn end with her daugb1:er’u visit, ..
deman9Ilated by her saying aloud In front of JI)8 and her CIU1!givers, Jackie Hertz on Tuesday sud me
and BlaIr. Lapides on ThUll!day tho! she wan1Cd Bod>_ 10 spend the night. When.me lIsked whclO her
daughter Barbara was staying, she WllS visl’bly distressed “POD hI1aring that Barllera ‘WOUld not be
stB:ying With her and ooufused about why not
• 1 was SurPrised at Mrs. Stooc’s appearance. She was shookingly Ih!tt, WEaring olotIDls tha1 were olearIY
ruucll roo large. She, h~t; oomme:a1eli numerous Ume.o about her lack of appetite and her
awarenossloonl:<mlllbout. her Might 1″,,5. .
• I Ihlnk Ihat lhe C1llIlOllJ: Cll[egi’llers look slrlllcgjes ro Jdentify appropriate meals that would increase
oalorlo 1n1likc snd ensure adoqwat<; nulriliOlL
• CllIcgiV¢l iavolved wllh demODtia paIietrts need to have special tIaining to /landle the nlllrilional
ohaIlenges Ihst accompany dt;rnentil!..
• Additionally It does 00. appear her -welgbt Is being monitmed.
• Mn.: SID)IC spoke repelIlI:dJy throughout both evcolngs about bow ”bed” she looktd, wearing swr.aIpants
1itat were rolled at the WlIist, -and uruIerwoar that ~ so big it was fhlI.ing dmw. Since her oon~OfI
Included IhiIIgs JiJc!, bt:t being ralsed around fine clothing. bow p>:allClllhe was about the wrry she dressed
heisel& how your father ~ how she dr=codher children, 8Ild her shopping at high end department
storea. I WllS shookad that odie is now being dressed In dull &WQt suits, eve!) to go out to dino.er with her
visiting daug/:\ter. She bad no makeup or jewelty OD, yet our canvet88l:ion included her prOudly telling
“,0 that she used tQ.be known .. the ”””l:ring lady” booaus. or b …. eXlc!nsivo oollcc1ian of bClllll/fu1
earrinll”.
• Mn. Stone’s hair Il<‘tlded to be washed fllld styled.
• Mrs. 8ton.’s soci>l ,.”lotion saddonod me, ospeclally when I _ het say how nmch she ‘”1loyed
having dIm= out l10th IJightx with her daugbt..-, B … bsri. Slone, me, and both gua,rdlans. She. was social
In the restaurant, aru! tho clearly CIlioyed the ~’trS4li0Ji awl1be nte.\L lbroU&hout dinner sue! when
we RIIImIld to hf;r 8pIIl1:nlent. she repeatedly said how much she enjoyed.befllg out InId being lllvoh>ed
In sucll “good c<>l1VOIOIlIton. » .
118″
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• Mrs. SlOne told lIB thl1t she doesn’t go out at all =PI to shop for jlXOCcri03. It seems that :me would
benefit froIn {,’Illttdians tllat are more toOtivatiOllal and inlellJCljy” than ~ two that I observed end lUote –
~ to inmnu:t 800iIilly wilb hCl’ pe~ Wld oertainly not to be isolalcd to lrlred aides of the
guatdiaos.
• Based upon my observation of:Bal:bara Stone with bQr motlu:r, ‘Mrs. Stone on 1he two ocensiona
~Jilxence4 &bov”, it appeared to mo that lIaJ:bIitIl Stono’s u.nsupcrvised visitation with her motlw would
be beneHelal to MDi. Stone.
STATE OF FLOlUDA
COUNTYOF~H
l~c..a; Ratitot Colliea-, OTRIL, M.S. –;
LioellSed Ocoupaiional Thompist
Swoi’n w and subsm1led befure mtI tb.is m1!.. day of August, 2013 by Harriet Callier.
NOTARY~L1C
(Printe<l Ol’ typed n_ of notary public and
stamp)
My commiBSio:n “”Pires:
j
J
.. –
: !
i’
I
I
Statement of Dire and Imminent Danger
I hired Jacqueline Hertz who represented herself as a professional guardian and Blaire Lapides for my Mother because I
lived in another state.
My Mother has suffered extreme neglect, abuse and exploitation since Jacqueline Hertz and Blaire Lapides were
appointed her guardian.
I. Jacqueline Hertz and B1aire Lapides have isolated my mother, denied her pleas to see me, her daughter, deprived of
her of food, medical attention and other essential services and caused her to suffer from bruises and bed sores that
required medical attention.
2. Because of abuse and neglect and Jacqueline Hertz’s and Blaire Lapides failure to attend to my mother’s welfare, my
Mother was admitted by emergency to the hospital where she was diagnosed UPON ADMISSION with dehydration,
malnourishment, failure to thrive, infection and onset pneumonia.
3. Because Jacqueline Hertz and Blaire Lapides did not provide my mother essential life necessities, food and medical
attention and she was kept in isolation and confinement, my mother was forced to undergo an invasive surgery to have
a feeding tube implanted in her stomach. This is a very extreme measure for an elderly person to undergo.
4. Instead of using my mother’s limited means to provide her with the highest quality of care, Jacqueline Hertz and
Blaire Lapides have used my mother’s limited means to embroil her in litigation. This exploitation was used to drain
any money she has to care for her welfare.
5. My mother is “overseen” by unlicensed workers hired by Jacqueline Hertz and Blaire Lapides. Further, Jacqueline
Hertz and Blaire Lapides represented Helen Stone would be overseen by licensed practice nurses when in fact Mrs.
Stone’s care has been overseen by apparent thugs in whose care my mother has been beaten black and blue, has bed
sores, was not feed and subsists in diapers instead of having the
6. Not only have my mother’s needs been neglected by unqualified workers, they engage in a pattern of pursuing their
own personal and social agenda. Their time is spent on cell phones with personal calls, watching T.V, making
elaborate meals for themselves with total disregard for feeding or providing food to my mother and failing to carry out
their required duties to document Mrs. Stone’s food intake, medications and other medical attention.
7. Jacqueline Hertz and B1aire Lapides have admitted their fai lure to provide adequate care as they have terminated the
care agency, Caring Home Care they negligently retained.
8. I attempted to assess my mother’s dire condition because of the severe neglect and life threatening consequences.
9. My mother has now been secreted away in some undisclosed location. Any “care” is now completely ignored as my
mother subsists on a feeding tube, is kept in bed all day, has no services whatsoever, is toileted by virtue of a diaper
and a catheter.
10. This court appears to be more concerned with the Petitioner’s desperate measures to save the life of Petitioner’s
mother than failure of Jacqueline Hertz and B1aire Lapides to attend to the best interest Mrs. Stone, a
vulnerable 86 year old woman whose limited means are being used solely for the greed of Jacqueline Hertz and Blaire
Lapides and the vi le, abhorrent methods that Jacqueline Hertz and Blaire Lapides are employing to remove any
semblance of humanity and decency to Mrs. Stone
j’. -.-.–
—Original Message-To:
Jacqueline Hertz
Subject: Helen Stone
Sent: Nov 26,20136:00 PM
CFN: 20130956666 BOOK 28939 PAGE 3403
As we discussed, could you let me know that in my mother’s best intefest you will go over cafe and
safuty conCerns with me that I provide such that your response will not be the filing of a court petition.
It would seem you would welcome being provided any health and safety care concerns about an 86 year
old in rehabilitation after an emergency hospitalization and desire the best quality of care.
Thank you.
Barbara Stone
Tel: 212.994.5482
Fax: 212.994.5481
– —- ———- —
Hi Jackie,
I wanted to explain why I didn’t take your call while I was visiting with Helen
Stone today. Helen was very, very disoriented when I came to visit. She was
sitting in the couch unable to even lift her head off the couch. Her speech
was slurred and her eyes were unfocused. She would sometimes completely
‘tune out’ with a long distant look in her eyes and not respond to me. I didn’t
want at that time to talk in front of her or to walk away from her. This visit
was unlike any visit with her in the past including my visit just last Thursday.
She was always animated and was walking around the apartment showing
me pictures and telling me stories. The one recurrent theme was how happy
she was when her daughter Barbara visited with her. She told me about her
husband buying the apartment and setting it up so beautifully and how her
‘Daddy’ in Mississippi was so good to the blacks and taught her to be
respectful and kind to all people. Now I found a woman who COUldn’t lift her
head, had glazed over eyes, couldn’t say a full sentence and thought she was
in NY last week. The deterioration was dramatic. What will she be like when
f see her in a few days? I don’t know but I left extremely concerned about
her. I did not want to express that in front of her and so I didn’t take your
cal!. I thought I had your number in my phone but I didn’t – so I couldn’t call
you when I left.
I will tell you that my singular purpose is simply to help her see her daughter
more frequently. There is no purpose in keeping them separated. Barbara
was here for over two weeks and only had the opportunity to see her Mom
twice. That is just incomprehensible to me. Every time I viSit Heren focuses
on her daughter and the joy of talking with her on the phone and seeing her.
Until this visit today she was always able to tell me the last time her
daughter visited. This time she could not remember but as I indicated she
was not saying full sentences and was unable to focus and directly respond
to most of my questions. I was really shocked by her condition and can only
hope that it is temporary. I quite frankly don’t even know where she would
get the strength to eat based on what I saw today. I know that you will check
this apparent sudden deterioration out very soon.
Rabbi Ed Farber
. ‘ … ~” ..
Wanung Signals CFN: 20130956666 BOOK 2B~WAbg~~91
iNaii<
ma[
oelation
Abuse.
Our Missicn
Jom liASGA
Advoc~”‘ftes for
Reform
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NASGA’a. Op:n
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• and tho
Whito tiOUlI~
end Clner
WritrnU:I
• GAO Reports
Senala S”ec1al
• Ccmmrtfln
en Agir.g
.!1Jdlct31)’ Sub
Committee on
r=———- =
II Warning Signals
L __
111ere are always signals of BAD guordians __ . _ we u,-uallyjust don’t see them until it’s too I
.. TIlt’ ;lJardian and.’tH (.’On~el …. alOf tmat:; ‘[Oil .13 81’1 of 3 reiatrll’e, frlCl’ld, or b\red coo.
• y(“AJIJo …- edonecoosn’tgelhi~majl
• The gtIa,divtVCQrIscrJ;!otor$~ to ~ tMlyctlClOved one OOasn’thave a phooa.
,. ‘Ml2il you visit, !he: ~uardtan “hcveno” C( e\leO employ, someono ~ hover 00 }’Qu’re not aklne with)’Q1Ji’
Iow:d one.
• If your JovEd one Ie ill /:f nursIng home, YOlJ’r9 cnly alJaw&d 10 vi$l1 ir\ the dir’!~ (corn or raaestiOfl room.
• Your loved one 3pj)1M6 to ~ mora 511.lgQ!$.\ pemap! e.ven dazed.
You *rl seNlg G.uestionable dQcunents el’ld tOOtle f.nenciel accounts rue clO$Eld or clJa:o.ged and lhe
• $laternenls have beet’! di>/erled to Ih~ puardlanlcoMefVabt
• “too ~r the- taxes halJCn’t ~l!n paid – or CYofl filed.
• 1h! nurdng1acility ~Is you when yoo .. ~sit you -upsal’ y~ I’8mUy member 0( up.set ihe atalf.
• Yoo Ere denied 1IIptJ{ arout ~ loved me’s ca:’e~ 1.”.6 dod:)r v..miltalk In you ~)’OU are:shul o;.Jt.
• lIenm am missing ltams :rom rout loved ens’s hame.
• The gV~rdr~rVconIW”Jv.!9[ r,,1usU to take your call or lVlSW!!r yCUtGltestions.
H~ QNj: $OIlI!) WARIi!NG SIGNALS and l’Jgnt.of30u$e cur memben!.IOld: llS aboUt
‘In hindsight, in O/Jr pattiaul8r cas~, (1:& di&iallt rofat/’;.e from Chicago. who IN9$. Me firs! person to af’riwl!n tM om6rgency room at
UJe hospJlm it’! J~oos.vfJ!6 \111, w,,'” k!sL~ ~mJ Y!JDU16!JM aM ~ ro ho/p Aunt HeI;m IfI ~ p(Uit’.(X1 Of t~1Y
• Admlni&trativo
Oversight 1Ind
till! Courts
I!LJ~””~”‘,”-::,iM,”,-,· __________________ . __ ~,~”,,,, ____________ _
Speciel
-w
ReporlS
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JNFORMED:
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• Guarof;ti”l~hip
“”d
Corl5elW\crshil’? i
• S\r\ppcd. of
… _. __ MPmr
• Ten Oltty ‘r ri:::k,
http://stopguardi3nubu,e.org/wamingsignals.htm
e){n’ b,t ,fF
12/5/2013
“,:’ ~: “‘-‘-”
II
The National Association to end guardian abuse publishes warning signs of abuse
(re-typed from website to allow ease ofreading as website print is small)
WARNING SIGNALS OF GUARDIAN ABUSE
• The guardian and/or conservator treats you as an outsider instead of a relative, friend, or
loved one.
• Your loved one doesn’t get hislher mai 1.
• The guardian/conservator sees to it that your loved one doesn’t have a phone.
• When you visit, the guardian “hovers” or even employs someone to hover so you’re not alone
with your loved one.
• If your loved one is in a nursing home, you’re only allowed to visit in the dining room or
recreation room.
• Your loved one appears to be more sluggish, perhaps even dazed.
• You start seeing questionable documents and realize financial accounts are closed or
changed and the statements have been diverted to the guardian/conservator.
• You discover the taxes haven’t been paid — or even fil ed.
• The nursing facility tells you when you visit, you “upset” your family member or upset the
staff.
• You are denied input about your loved one’s care – the doctor won’t talk to you – you are shut
out.
• Items are missing items from your loved one’s home.
• The guardian/conservator refuses to take your call or answer your questions.
Washington Examiner – By Barbara Hollingsworth I November 01, 2011 at 7:05 PM
Judges, lawyers use guardianships to prey on elderly
Think your well-tended nest egg will protcet you from the dcpredations of old age? Don’t count on it.
Little has changed since the D.C. Court of Appeals ruled almost a decade ago that Probate Judge Kaye
Christian abused her power by ordering retired economist Mollie Orshansky, creator of the federal poverty
line, removed from her sister’s care in New York and placed in a District guardianship against her will.
Even multimillionaires cannot prevent a j udge from appointing a total stranger to take compktc control of
their affairs — and banish family members who object. That’s what happened to five-term D.C. Council
member Hilda Mason and her husband, Charles, a Harvard graduate who traced his Iincage back to the
Plymouth landing. Despite Charles’ $22.5 million fortune, this power couple ended their lives in squalor.
mind, wheelchair-bound and suffering from diabetes and skin cancer, Charles spent his last days in dirty
clothing and worn-out shoes, with fingernails so long they curled around his fingers. “He looked like a
hobo,” one witness told The Washington Examiner. His frail wife suffered a broken collarbone when one
of her “caregivers” ran her over with a four-wheel-drive vehicle.
At the time of Hilda Mason’s death in 2007, debris and broken furniture littered every room of the couple’s
once-stately Shepherd Park homc. The roof leaked and the house was infested with rodents and insects. As
attorneys helped themselves to the couple’s assets, Episcopal Senior Minisbies reported that “there appears
to be no individual or group that is currently responsible for the cleaning/condition of the house.”
According to a Jan. 9, 2001, court transcript, a clearly competent Charles Mason tcstificd before the same
Judge Christian that he no longer wanted the Virginia attorney he had previously hired to represent him.
Less than three months later, Charles was declared incompetent after an adverse reaction to a psychotropic
cocktail landed him in Suburban Hospital’s psychiatric ward.
The judge refused to dismiss the lawyer, but OK’d a settlement agreement allegedly signed by Charles
Mason after he had been declared incompetent that prohibited his own wife from “interfering” with his carc.
Guardianship abuse is not limited to people with money, as Laura Fnmcois-Eugene, a supervisor at the
Department of Homeland Security, learned the hard way.
Her mother’s only f”mancial resources are her modest D.C. home and a small monthly Social Security check.
But after a fall left the elderly woman temporarily paralyzed., Probate Judge Franklin Burgess appointed a
conservator to handle her affairs despite the fact at her daughter had previously been named her legal
guardian.
Francois-Eugene told The Washington Examiner she is forced to pay for her mother’s food, dentures,
medicine and clothing out of her own salary because the court-appointed conservator has been hoarding her
mother’s Social Security benefits.
The same thing is happening to another 91-year-old woman, a former D.C. Publie Schools employee forced
into a guardianship after Maryland lawyers characterized hcr daily walk as “wandering.” “Some lawyers
took all my money,” she told us, adding that she can’t access her own pension or Social Security benefits,
even to buy herself an ice cream cone_
The National Association to Stop Guardianship Abuse has documented hundreds of cases in which family
members arc denied any say in their loved ones’ care, even as court-appointed fiduciaries are given total
control. After the estate is sucked dry, the wards are often dumped onto Medicaid rolls — if they’re still
alive.
Advocates call the pattern “Isolate, Medicatc, Steal the Estate.” They’re meeting with Sen. Amy Klobuchar,
D-Minn., on Capitol Hill today seeking an end to well-intentioned guardianship laws gone horribly awry

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2 thoughts on “More From the Barbara Stone case–Affidavits of witnesses of Helen Stone’s care

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