The human trafficking in the ELDERLY (Elder Cleansing) meets the definition that most States and the United States have for CRIMINAL ELDER ABUSE. Why then is there no Criminal Prosecutions?
Elder Abuse generally falls in 7 categories, to wit:
· Physical abuse is defined as any act of violence that causes pain, injury, impairment, or disease, including striking, pushing, force-feeding, and improper use of physical restraints or medication.
· Psychological or emotional abuse is conduct that causes mental anguish. Examples include threats, verbal or nonverbal insults, isolation, and humiliation. Some legal definitions require identification of at least 10 episodes of this type of behavior within a single year to constitute abuse.
· Financial abuse is misuse of an elderly person’s money or assets for personal gain. Acts such as stealing (e.g., money, social security checks, possessions) or coercion (e.g., changing a will, assuming power of attorney) constitute financial abuse.
· Neglect is the failure of a caretaker to provide for the patient’s basic needs. As in the previous examples of abuse, neglect can be physical, emotional, or financial. Physical neglect is failure to provide eyeglasses or dentures, preventive health care, safety precautions, or hygiene. Emotional neglect includes failure to provide social stimulation (e.g., leaving an older person alone for extended periods). Financial neglect involves failure to use the resources available to restore or maintain the well-being of the aging adult.
· Sexual abuse is defined as nonconsensual intimate contact or exposure or any similar activity when the patient is incapable of giving consent. Family members, friends, institutional employees, and fellow patients can commit sexual abuse.
· Self-neglect is behavior in which seniors compromise their own health and safety, as when an aging adult refuses needed help with various daily activities. When the patient is deemed competent, many ethical questions arise regarding the patient’s right of autonomy and the physician’s oath of beneficence.
· The miscellaneous category includes all other types of abuse, including violation of personal rights (e.g., failing to respect the aging person’s dignity and autonomy), medical abuse, and abandonment.
One or more of the categories of Elder Abuse is present in just about every guardianship case that has been mentioned in the blogs AAAPG, NASGA, MARYGSYKES, Probate Sharks *****. As the cases referred to in the blogs are guardianship cases, we have a pandemic of ELDER ABUSE that is being openly and notoriously ignored. Like the Americans with Disabilities Act we all talk about the Older Americans Act and it is a big mystery to us. From Find Law I dug out the following:
created by FindLaw’s team of legal writers and editors | Last updated June 20, 2016
The Older Americans Act (OAA) is a federal law that promotes the well-being of Americans 60 years old and above through services and programs designed to meet the specific needs of older citizens. Services provided under the Older Americans Act include:
· Home-delivered and communal meals
· Family caregiver support
· Health services home assistance for the elderly
· Job training and volunteer opportunities
· Protections from elder abuse
About 11 million people received services such as meals, home care, and transportation through OAA programs in 2010.
Objectives of the Older Americans Act
Congressional concern about the lack of community-based support services for older people helped spur the passage of the Older Americans Act. Like Medicare and Medicaid, the Older Americans Act was passed in 1965 as part of Lyndon Johnson’s Great Society reforms. The Act seeks to ensure retirement income, physical and mental health, suitable housing, employment, protection from age-based discrimination and efficient community services for older individuals. The OAA works to accomplish these goals through direct funding to states and state services and the creation of federal agencies designed to implement the Act.
The Administration on Aging
The Older Americans Act created the Administration on Aging, the main federal agency tasked with carrying out the objectives of the Act. The Administration on Aging provides services and programs designed to help aging individuals live independent lives in their homes and communities. Perhaps the most well-known of these programs is the communal and home delivered meals program, sometimes referred to as “Meals on Wheels.” In addition to meals, this program focuses on health and nutrition education.
The Administration’s Office of Elder Rights Protection focuses on protecting older individuals from elder abuse, neglect, and exploitation through strategic planning and research. The Long-Term Care Ombudsman Program provides full-time ombudsmen, or public advocates, to help represent the interests of people in long-term care environments, such as assisted living facilities. Finally, the OAA funds employment and training programs for low-income, unemployed people 55 years old and above, which has helped more than 1 million participants enter or re-enter the workforce.
State and Area Agencies on Aging
The Older Americans Act funds many programs for the elderly through direct grants to states. Each state receives OAA funds based on the percentage of people 60 or above in the state. OAA funding, while small compared to programs such as Medicaid, provides an important safety-net for older individuals who might be at risk of hunger, food insecurity or loss of independent living.
As part of the Older Americans Act, each state must create a State Agency on Aging. State Agencies in turn manage Area Agencies on Aging, which plan, develop, and coordinate community services for older people. There are over 620 Area Agencies. These agencies connect older individuals to the important services provided through the Older Americans Act. You can check online to find the area agency nearest to you.
Who Is Eligible for Services Under the Older Americans Act?
Each state establishes its own eligibility criteria for receiving services under OAA programs. Generally, no one age 60 or above can be denied services from Older American Act programs unless the state establishes. States are prohibited from denying anyone services because of their income. That means that someone who might earn too much to qualify for services directed at low income individuals would still be able to receive services provided under OAA state programs. Contacting a State Agency on Aging will help you determine which services are available to you.
If you’re wondering about your rights as you age or if you’re caring for an aging parent or family member, consider contacting a qualified elder law attorney to discuss the unique issues you may face.
Many aggrieved elderly and their children have examined the laws protecting their parents and found the laws to be amazing protective, but the enforcement impotent and/or non-existent. It is absolutely amazing to look into some of the Probate guardianship cases and see that no only are the most basic laws openly violated by Guardians but a sitting CIRCUIT COURT JUDGE stands ready willing and able to aid and protect the interests of a COURT APPOINTED GUARDIAN from compliance with the law.
· A pending case in COOK COUNTY, ILLINOIS is the Amelia Sallas case 07 P 5360. The facts are straight forward. Mrs. Sallas had a ‘stroke’ that apparently did not disable her as she continued to perform her chores in her home, drive a car, engage landscapers to address the exterior of her home as well as cook and clean. Mr. and Mrs. Sallas were married for 50 plus years. Sallas became vulnerable and reputed to have a net worth of 9 plus million dollars and an estranged family. Thus, it was not long before Amelia was provided with a guardian of the person and a plenary guardian. A Guardian ad Litem was appointed to provide ‘cover’ for the Court in obviating the objections that Mr. Sallas was certain to have when his wife was sequestered and placed under artificial control of the Court appointed guardians. What followed was obscene. The miscreants determined it was in their best interests (not the Sallas’) that husband and wife be separated from each other. The presiding judge at the direction of the Guardian ad Litem used her authority to facilitate what amounts to a de facto involuntary dissolution of marriage coupled with a predatory property settlement. As Dean Sallas (the husband objected) the Court facilitated his being deprived of an attorney.
· The Helen Stone case out of Dade County, Florida is a classic breach of Trust by the supervising Judge complete with the placement of an un=necessary feeding tube and overt harassment and intimidation of Mrs. Stone’s Lawyer daughter who objected to the official violation of State and Federal Law.
· The Alice Gore case and Mary Sykes cases out of Cook County, Illinois are examples of Court attornment to outright theft of a senior’s assets. Mary’s husbands million-dollar gold coin collection just disappeared along with another 2 million dollars in assets (see Gloria Sykes affidavit). Alice Gore not only had 1.5 million dollars disappear, but the ultimate insult was the GAL allegedly directed 29 of her teeth be removed so that the gold fillings could be retrieved.
· The New Yorker Magazine guardian report of October 2018 reveals a serial guardian
· The Orland Sentinel newspaper directs us to a Florida serial guardian, to wit:
TALLAHASSEE – Gov. Ron DeSantis signed into law Thursday a series of reforms to the state’s guardianship program, spurred by the case of Rebecca Fierle, who authorities said approved a “do not resuscitate” order against a client’s wishes and double-billed hospitals while overseeing hundreds of wards.
The bill requires guardians of elderly patients unable to look after themselves to get approval from a judge to sign DNR orders and places greater restrictions on how guardians are appointed to prevent conflicts of interest.
Prospective guardians will not be able to petition for their own appointment to a ward unless they are related to the patient.
The law takes effect July 1.
Lawmakers reacted after the revelations in the Fierle case, which came to light in May 2019 after her ward, Steven Stryker died in a Tampa hospital. Medical staffers said they could not intervene to save him because of the “do not resuscitate” order signed by Fierle on his behalf but over the objections of his daughter.
Fierle’s attorneys have argued that as a court-appointed guardian, the law did not require her to seek permission before signing a DNR order.
An investigation by Orange County Comptroller Phil Diamond’s officer later found Fierle had double-billed AdventHealth for services for 682 patients worth nearly $4 million over the course of a decade. She was removed from the guardianship program in September by an Orange County judge, who cited the comptroller’s report.
“This law will go a long way in protecting Florida’s seniors and most vulnerable citizens from fraudsters and predators,” Diamond said in a released statement. “Thank you to the Florida Legislature for its good work in helping to protect Florida’s seniors and most vulnerable from those who would harm them.”
Fierle was arrested in February on charges of abuse and neglect of an elderly patient.
A series of Orlando Sentinel special reports last fall found that lax enforcement of guidelines for appointing guardians allowed them to petition for their own appointments, as well as cases of potential conflict of interest on panels judging whether a person needs a guardian.
The new law is designed to address those loopholes.
SB 994 was one of 21 bills with a Thursday deadline awaiting action by DeSantis. He still has 117 more pending before his desk, including one requiring business use E-Verify or a similar system to check the immigration status of potential hires and the $93.2 billion budget. He must act on them by July 1.
Another 26 bills have not been formally sent to him by the Legislature.
The Fierle case exposes another serial guardian who the Court not only allowed to run roughshod over ELDERLY people and their families but participated in the criminal activity. So common is this scenario that Netflix had a documentary on guardianship in its series on DIRTY MONEY and the Government Accounting Office has sent 4 plus reports to Congress so that they could ignore them.
The arrogance and the Fascist tendencies of these Court ordered criminal ventures is highlighted in the Fierle fiasco. Fierle determined which of the guardianship victims should live or die . The GAL in the Gore case had the attornment of a sitting judge of the Circuit Court of Cook County, Illinois to ravage the mouth of an elderly woman so that a few grains of gold could be obtained. In Nuremberg, the World War 2 War Crimes Court convicted doctors who did similar atrocities! In Cook County, Illinois, and the United States of America we sit on our hands and pass more legislation rather than punish the pernicious fiduciaries who abuse their wards. We even pay them hundreds of dollars an hour for their infamy.
I apologize for not alerting you to the Older American’s Act sooner. This Act may be a vehicle that can get the UNITED STATES OF AMERICA to join in our fight against City Hall and bring the corrupt Judicial and Political miscreants to Justice. Hopefully in the process we can protect some of the elderly targeted for the FELONIES OF HUMAN TRAFFICKING IN THE ELDERLY.
Laws that are un-enforced are as good as no laws whatsoever! Public officials such as Judges who do NOT understand that a public position is a public trust have no business on the bench or in the practice of law. The Covid 19 pandemic has killed of tens of thousands of people who should have been protected by the Act! Why were they not? Why did States like Illinois and New York allow this travesty to exist? Unfortunately, we know why? A five-letter word explains the situation, to wit: M O N E Y. But for Covid 19 each of the miscreants would have gotten away with ELDER ABUSE on a grand and very profitable scale!
 Mr. Sallas is testing whether or not Federal Laws are going to be enforced or are merely words on paper to appease the elderly and people who care for them. Tomorrow Mr. Sallas will have in the mail a complaint to several Federal agencies charged specifically with addressing the laws that were violated.
 The organized intimidation of the legal profession directing it to attorn to the criminal enterprise promulgated and being conducted in the Probate Division of so many of our Courts has been extremely effective and continues to be so. Unfortunately, bureaucrats are ingrained from day one in the universal military principle – DO NOT VOLUNTEER! Indeed, they have been true to their code regardless how heinous the crime committed on an elderly person or his/her family. Lawyers who followed the dictates of ABA Rule 8.3 were prosecuted for violating Rule 8.4. How dare you accuse a judge who has his hand in the till with having his hand in the till! The administrator of the Illinois Attorney Registration and Disciplinary Commission pointed out that Attorney JoAnne Denison in exposing judicial corruption was disrupting the workings of the Illinois Court system and characterized her action as akin to “yelling fire in a crowded theater!” The Illinois Supreme Court agreed, and Attorney Denison received a suspension of her law license. They also insisted on an “interrim suspension” prior to when the Illinois Supreme Court would rule based upon the fact her blog was a danger or threat to the public. Truth is the ultimate threat to the Illinois ARDC
Reblogged this on Justice for Everyone Blog.
There are even more ways to abuse elders these days — put COVID patients in rest homes with them (Cuomo should be charged with manslaughter at the very least for that!) and giving them fatal doses of HCQ just to disprove its effective use (Fauci should also be jailed). Protecting our elders from COVID? Almost nobody seems to be on that particular case. Thanks for letting us know about the federal act protecting elders. Our lives may depend on it even more now.
I think what Cuomo did was fine–he exposed the massive corruption in the nursing homes. Nursing homes are supposed to take care of the sick. Many elderly have (nursing home inflicted) contagious conditions. But they are dirty, smelly and nothing but slums and ghettos for the elderly. He exposed that, now he needs to do something about it. It’s an entire cartel, like Ken Ditkowsky says. They bill medicare/medicaid/the state and insurance companies for $3k to $15k or more per month, provide little or no services while it costs $1k per month to keep grandma in a closet, drug her, prop her up drooling in front of a TV and feed her balogna and tuna sandwiches. How do they do it and still claim they don’t make money? Massive layers of corporations. One to employ the staff, one to employ nurses and docs, one to hold the building and lease it to another corp, another corp to clean the building, get the picture? Phillip Esformes was convicted of $5 BILLION in nursing home fraud over 5 years in one county, Miami Dade, yet the Esformes family (him and his father and mother) had been making billions per year for 20+ years killing, torturing, starving and maiming old people for fun and profits. Neither the FBI nor the state governors dare go up against this cartel. Big and dangerous. But for every $1 the FBI spends on health care fraud investigations/convictions/disgorgement of criminal gains, they get back $8 in return. Says something. If you’re a crook, you can learn $2 million in 45 days in health care fraud and be gone to the Seychelles by the time the FBI even thinks about starting to investigate you. Wtf?
Gov. Cuomo did NOT PUT ANY CV 19 patients in rooms with non cv19 patients. the nursing home operators did this themselves. why aren’t they being charged with murder? were are those records? you see, they are all being protected.
no, cuomo should not be charge in any way for putting cv19 patients in nursing homes. nursing homes are trained the same as hospitals in infectious disease control, or should be. nursing homes handle very infectious diseases in the elderly all the time. the real problem is that nursing homes are dangerous, dirty, filthy, stinky places that are nothing but slums and ghettos for the elderly/disabled. that has to end. nursing homes know what they are supposed to but they are too busy scamming the federal govt to care about the fact they are a horror show. cuomo exposed them. now he has to file suit to bring them all into compliance on their jobs–clean, neat orderly kind caring places for the elderly/disabled that is properly handing ALL infectious diseases at all times. sorry about being late on approving this. if you don’t see your comment approved in 24 hrs, please email me at firstname.lastname@example.org. thanks.