Friday, January 12, 2007


Click on the link above to see the entire story with documents and photos!

Deliberate Isolation

I said " I really want to speak to Clara", he says," No," Angela McClain

Angela McClain, Clara's court appointed guardian , I said " I wanted to speak to Clara," and he said that " he couldn't let me speak to her ."

Clara's granddaughter "Have you been able to speak to your grandmother since that time? "No I have not." Jessica C. Fernandez

Isolation mean any of the following :
1. Acts of intentionally committed for the purpose of preventing and that do serve to prevent, an elder or dependent from receiving their mail or phone calls.

Clara is Missing Personal Jewelry Heirloom

Now you see it!

Now you Won't!

This picture when showed to Clara, she cried out "My Ring" . It is a copy of a Ring that appeared for sale on the Internet shortly after Clara was abducted from Key West. The Internet site is the same where the changes in Powers of Attorney prepared on the elders behalf was distributed.

Only about one in six cases of elder financial abuse is estimated to be reported.
The Times- - According to Wolf, only about one in six cases of elder financial abuse is estimated to be reported.

Please Report elder abuse Write 'National Center on Elder Abuse' and/or call Adult Protective Services at 503-640-3489.

Pushing for "Better Handling" of Elder Abuse Cases?
Advocates Push for Better Handling of Elder Abuse- by Alisa LaPolt

- Senior advocates told legislators Wednesday they want law enforcement officers forced to pay more attention to increasing cases of elder abuse and neglect.

Elder Abuse: "Financial Abuse and Seniors."

- There are several other Public Announcements being aired in the U.S. , but perhaps the laws should be 'strengthened' and 'strictly' enforced!

Clara and Dr. A.J. Fernandez - A Brief Synopsis -
Many of you have written to me and asked to please clarify the 'Chain of Catastrophic Events' that befell Dr. A. J. Fernandez and his wife Clara , the events that took them from enjoying their retirement with 'Full Social Life' which revolved around "Charity Luncheons" and then unto Dr. A.J. Fernandez's passing, to Clara Fernandez having to fight for her life at numerous hospitals and nursing homes she was placed in. As well as why Dr. A. J. Fernandez was left wondering why his wife was taken away without due process.

Rather than put it all down in my own words , I have taken excerpts from the various letters and documents that Clara's Neurologists, M.D.'s, Psychiatrists and her other physicians as they spoke, interviewed, examined the patient Clara and placed copies of such on this page, as I feel these documents serve as a more qualified story than the one I could ever tell.

Dr. Kaplitz M.D. - Neurologist, August 11th 2004.

Basically the patient appears to have been taken against her will and kept at her other son's house in West Palm Beach. It was in November that the patient apparently fell in the bathroom when she was in a hotel room (her son from West Palm Beach had apparently come down with her and had left the patient alone in a hotel room)...., she slipped when getting out of the tub.

She seems quite content being with her son, Ray and back in her Key West Home.

Mrs.Fernandez has changed compared to when I saw her in August of 2004....She does have higher cognitive deficits. She also has proximal weakness, which is probably due to the fact that there was disuse-probably not getting much activity when she was in West Palm Beach , I should also mention that she has very poor dentition and does not appear to have been care for appropriately when she was in West Palm Beach.

Dr. Corliss Rupp M.D. October 18Th, 2005.

The Patient is an 87 year old Latin female who states she " was abducted by my eldest son, Al,"

According to Mrs.Fernandez and Raul,she was "tricked" by Adalberto into leaving her home in Key West on 8/21/2004 and kept against her will at his residence in West Palm Beach, Florida for nearly one year. She was said to have been kept Incommunicado , Isolated, and Drugged.

While under Adalberto's influence, Mrs. Fernandez signed various documents which allowed without her knowledge, the Liquidation of most of her funds.

Since her return to Key West, Florida , on 08 /05/2005 , Mrs. Fernandez has experience
nightmares (awakens screaming) , flashbacks of negatives experiences while with Adalberto, avoidance talking about those events , social withdrawal, depressed or anxious mood, hyper vigilance (startles easily), and has developed a reluctance to leave the home for fear of her safety.

...The focus of her treatment is to improve her memory difficulties and to treat post traumatic stress.

Dr. Jorge A. Aguinaga M.D. October 21, 2005.

Mrs. Clara Fernandez is an 87 year old Cuban-American Female,brought in by her son Raul Fernandez at the suggestion of his attorney. On October 29, 2004, Mrs Fernandez signed a power of attorney naming her oldest son Adalberto . At this time Mrs. Fernandez has expressed clear wishes of staying in her home in Key West with her younger son Raul, and are revoking her present power of attorney. Because of past events,Raul would like to confirm that she has the mental capacity to do so.

When discussing her time spent with her eldest son during 2004-2005, she was not able to give specific details of her experience with him. She did express very clearly that she was not interested in living with him or having any contact with him. "He has something wrong." He wants to get more out of me."

She was prescribed medication for anxiety, pain and insomnia by Dr. Maria Lopez of Ambien, Darvacet, and Ativan at doses much higher doses than commonly used for a person her age.

When asked about her older son, she reported"My son took my money,my property."
She became upset at telling her story about her oldest son's attorney coming by every two or three days to have her sign something.

She does not remember giving power Of attorney to her oldest son.

Dr. Bruce Boros M.D. Cardiologist 8/24/05.

When asked her preference of location to live, Key West Vs. Palm Beach,..Clara was emphatic about staying in Key West.

Dr. Elias Gerth M.D. F.C.C.M. - September 2, 2005.

Her Bone Density worsened due to disuse as her meds were with-held.

Lilah R.Brand M.S. / P.T. , August 9Th, 2005.

Clara G.Fernandez Recently brought back to her home in Key West, Allegedly abducted by eldest son Al. She is 'Alert' to person and place only , her Balance and Gait dysfunctional. Possible due to disuse(?) Cerebellum insult (?)

5 Address changes in less than one year for confused sick elder!

Dept of Elder affairs Report Dated May 3 2005 -

With transfers for one setting to another often on an increase, cognitive deficits and decrease in functional ability can arise. -Roberta Matranga BA May 31, 2005 .

Is this right for a person that according to the Examining Committee appointed by the court afterClara was diagnosed with Alzheimer's, dementia, depression,poor memory, afraid to make decisions, and forgetful. Report of Examining committee February 6, 2006 .
"To be on string being pulled from one county to another" - Judge Gary L. VonHof, Circuit Judge , August 31, 2005.

"To be moved 5 times , and to be told her husband was dead! "

This type of elder abuse has cost Clara Fernandez and her Husband their 'Golden Years' together and the authorities in charge of should NOT look the other way!

According to this testimony Clara is now at Ashboro Manor.

According to this court testimony Clara now resided at Manor Care.

Clara's address is now this nursing Home in around The Greater Miami Area.

According to Fidelity, Clara is now at: 525 Lake Howard Drive in Winter Haven, Florida.

Here we have Clara's address it has now been changed again to: 11920 Sunset Blvd. in Royal Palm Beach, Florida.

Torn Away from her Husband, Shuffled and Left Alone.

It just wasn't right to tear a husband and wife apart,
under false pretenses, this couple who were together
for their golden years , whole life was torn asunder, without
a hint of compassion.

Shuffled around again.

And yet Again!And Again and Again

Friday, December 22, 2006
Do We Really Live in a Nation Of Laws ? -
"Are Living Wills , Surrogate Powers, Trusts, and Last Testaments just pieces of papers sold by the legal establishment as false blankets of security, and a means of justifying their existence?"

When it comes down to it, the ole' saying applies , ' Possession' is 9/10th's of the Law..

A Last Will & Testament is not Adequate

Dr. Irwin Weiss MD , Why?Because existing laws do not adequately protect such individuals against other persons (typically family members and lawyers) who would wrongfully exploit their diminished mental capacity so as to influence them into signing new wills or other legal documents, including codicils, deeds, and trusts.

In view of the unfortunate chain of events that were unleashed upon Clara and her husband when she was "Improperly Removed" from her home on August 20Th. 2004 , events that triggered a downward spiral leading to loss of independence, serious complicating injuries and the death for Dr. Fernandez , there are many valid questions that must be asked!

Court Appoints Emergency Guardian

On July 20th, 2005 the court appointed a Emergency Plenary Guardian and asked that Clara's person and property be turned over ; yet the order was ignored. Could it be some people are beyond the law ? and if so Why ?

Court Appoints Permanent Guardian

Again the Court's rules for a permanent guardian and ask for court's order to be entered but the order is ignored

Mail Stop to Dr. Fernandez by third parties cause serious interruptions and lapses in insurance coverage

After Dr. Fernandez and Clara stopped getting their mail for several months causing several of their insurance policies to lapse, utilities interruption, ect.

Insurance policies were lapsed and many crucial services interrupted

Lapses in policies due to manipulation of mail

False Complaint in Clara's name is filed with Postal Police

When Dr. Fernandez and Clara's caregivers, found out about the mail hold and resumed getting Dr. Fernandez mail, a complaint was filed with the Postal Police, by persons impersonating Clara G. Fernandez

Elder ID Theft: Should We be Concerned?
According to the Identity Theft Resource Center, there are 4 types of ID theft: Financial ID Theft , Criminal ID Theft , Identity Cloning , Business or Commercial Identity Theft

In Tallahassee, a home health aide employed at an assisted living facility stole the identity of an 89-year-old resident...and diverted the woman's mail

The case was investigated by the Attorney General's Medicaid Fraud Control Unit. The suspect was charged with exploitation of the elderly, criminal use of personal identification, forgery and grand theft.

The few existing programs on elder ID theft have focused on educating people about ways to protect their identifying information.But is it realistic to assume that frail elders can and will do so?

Clergy Against Senior Exploitation (CASE) Partnership, a program operated by the Denver District Attorney's office, works with faith-based partners to develop and present training programs on elder financial exploitation (including identity theft)
Good starting points for learning more about identity theft, including ID theft of seniors, are the websites of the Office for Victims of Crime at the U.S.Department of Justice at and the Identity Theft Resource Center at


"Here is a bill for Ostomy services in the amount of $3,315.00.
Can you believe $3,315.00 for "Services Rendered" for October 19Th. 2005 through December 19Th. 2005 , and the patient never needed or received?

Well, according to Clara's Activity Records, she was brought back to her home in Key West, Florida on August 5Th 2005
According to Clara's guardian, 'retired nurse' Ms.A. McClain, Clara's family, and her Doctors, Clara has never used 'Ostomy' Bags, Belts, or the like!
The numerous times Clara was hospitalized for the purpose of keeping her from her family
Many times she was moved from place to place using ambulances at taxpayers expense,
Who is really paying for these services?

Medicare? Medicaid?
Perhaps, "All of us ?"

All efforts were made to contact Clara about her Identity theft.
We wanted to let her know what was going on, there was no way possible.
We tried Restricted Delivery, Certified Mail, both she would have to personally sign for.

We paid a process server named Rodney Elinor to serve letters to Clara of all the things that were happening without her knowledge.
Not possible, as Mr. Elinor reported back that as soon as he tried to deliver the correspondence, she was flanked by her abductors.

Lawsuits were filed on 'Clara's behalf' against family members without her knowledge,
consent or the ability to comprehend what was going on.

Orders were issued in Clara's name by her abductors, that she was not aware of in order to prohibit Dr. Fernandez from the funds to remodel his ageing house and badly needed repairs, re-roofing, etc.

False Complaints were filed with the Food and Drug Administration in Clara's name in order to cut off the flow of 'life saving drugs' for Dr. Fernandez , falsely alleging that his medications were 'non-prescription'.

These copies of his prescriptions proved above and beyond, the false claims made on Clara's behalf to the FDA .

A False complaint was filed with the DCF in Clara's name that Dr. Fernandez was being abused, which prompted Clara to personally visit Mr. Scotty Blevins at his office and disavowed that she ever made such a claim.

The 'Isolation of an Elderly Woman' and the 'Taking Complete Control of Her Finances.' -

Clara at the 'Bay Lake House' site.

Clara and her youngest son with building permits in hand.
A few months before she was abducted, Clara filed and pulled many a permit to build a home and planned to retire in Orlando with her husband Dr. A.J.Fernandez.
She was really excited about building a house there, she liked the idea of spending the rest of her days with her husband, children and grand children going to the flea markets, shopping, restaurants, and amusement parks.
She knew the family as a whole was very excited about this project and looked so forward to it's completion!

Clara is seen here by herself, strong as she always was, walking the grounds prior to the beginning of their new homes construction.

After her abduction, Clara was kept totally isolated, she was without communication with her husband, family and friends. Nothing got in or out, no mail, no phone calls, no process servers,
no one could get through to her, as the many witnesses bear out that fact.

All 'means and methods' were tried and in vain to contact Clara.
-Here is a receipt for restricted 'Certified Mail' that Clara never received.

The permits on their building project had all expired without Clara's knowledge and now all was lost for for Clara and her husband Dr. A.J. Fernandez , neither of them ever got to see their project started much less finished.
They lost their 'grandfathered building privileges', permit fees, architectural fees, septic tank fees, as well as their Health Department permit fees, soil test fees, engineering fees , and survey fees.

The financial cost to Clara, A.J. and their Estate was staggering! And the psychological damage that Dr. Fernandez suffered by being forcibly separated from his wife was CRUEL! The injuries that Clara suffered as a result of neglect, disuse, and drugging by her abductors that led up to her disability, is SHAMEFUL and beyond any dollar amount!

Instruments of Conveyances in Rapid Succession

Instruments of Conveyances in Rapid Succession in
- "Polk County , Florida from August 20, 2004 to May 2005."

Real Estate Transfer Deeds
All of which were transferred and recorded within a 12 month period .

So while Clara was kept in isolation from her husband, Dr. A.J.Fernnandez, the rest of her family and her closest of friends, she was being led into signing her Real Property and Assets away .
The entire story at the link above with documents and photos!


Elder Abuse: How to get help!

Do you suspect elder abuse? How to get help!

This holiday season, you may have visited elderly relatives and shared a time of laughter and fun. But amid the light conversation, there could have been some dark possibilities.
The National Center on Elder Abuse offers advice on signs of elder abuse. Some of the warning signs of elder abuse are easy to spot, such as bruises, black-and-blue marks and abrasions.
Other signs are less apparent. The center says 90 percent of all elder abuse is committed by relatives, so if your friend or loved one lives with a spouse or adult child, be on the lookout for tense relationships and constant arguments.
If you suspect a problem, ask the person if he or she is being abused. It puts you in an uncomfortable position, but you may be saving your loved one from a painful situation.
The National Center on Elder Abuse offers resources where you can get information and help. Go to :

or call 202-898-2586.

Los Angeles Times-Washington Post News Service

02:37 PM CST on Wednesday, January 3, 2007




Elder Abuse in the NEWS!


Man Charged with Fraud for Mortgaging Grandfather's Home
Venice Jaymes Gamble II, 20, Reseda, California, was charged with 7 felony counts of fraud, including financial elder abuse and identity theft in connection with allegations that Gamble used his 70-year-old grandfather's identity and obtained a second mortgage home loan in the amount of $125,000.00.
The victim discovered the loan when he began receiving collection notices on his North Long Beach, California home from the mortgage company in late spring 2006. The victim was then facing foreclosure and turned to the police department for assistance. After a 6-month investigation, investigators discovered that Gamble also obtained various credit cards and purchased three vehicles under his grandfather's identity. The total loss was approximately $230,000.00.
The identification of Gamble as the suspect prevented the foreclosure of the victim's home. Gamble faces up to 10 years in state prison if convicted on all counts.


Elder Justice Act of 2002

The Elder Justice Act of 2002

Elder Justice Act

Although the number of older Americans is fast growing, the problem of elder abuse, neglect and exploitation has long been invisible and presents among the gravest issues facing millions of American families. The Elder Justice Act of 2002 would provide federal resources to support State and community efforts on the front lines dedicated to fighting elder abuse with scarce resources and fragmented systems. From a social perspective, elder justice means assuring adequate public-private infrastructure and resources to prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse, neglect and exploitation. From an individual perspective, elder justice is the right of every older person to be free of abuse, neglect and exploitation. The Elder Justice Act would promote both aspects of elder justice with the following provisions:
· Elevate elder justice issues to a national attention. Creation of (1) Offices of Elder Justice at the Departments of Health and Human Services and Justice to serve programmatic, grant-making, policy and technical assistance functions relating to elder justice, (2) a public-private and a Coordinating Council to coordinate activities of all relevant federal agencies, States, communities and private and not-for-profit entities, and (3) a consistent funding stream and national coordination for Adult Protective Services (APS).

· Improving the quality, quantity and accessibility of information. An Elder Justice Resource Center and Library will provide information for consumers, advocates, researchers, policy makers, providers, clinicians, regulators and law enforcement and prevent "re-inventing" the wheel. A national data repository also will be developed to increase the knowledge base and collect data about elder abuse, neglect and exploitation.

· Increasing knowledge and supporting promising projects. Given the paucity of research, Centers of Excellence will enhance research, clinical practice, training and dissemination of information relating to elder justice. Priorities include a national incidence and prevalence study, jump-starting intervention research, developing community strategies to make elders safer, and enhancing multi-disciplinary efforts.

· Developing forensic capacity. There is scant data to assist in the detection of elder abuse, neglect and exploitation. Creating new forensic expertise (similar to that in child abuse) will promote detection and increase expertise. New programs will train health professionals in both forensic pathology and geriatrics.

· Victim assistance, "safe havens," and support for at-risk elders. Elder victims' needs, which are rarely addressed, will be better met by supporting creation of "safe havens" for seniors who are not safe where they live and development of programs focusing on the special needs of at-risk elders and older victims.

· Increasing prosecution. Technical, investigative, coordination, and victim assistance resources will be provided to law enforcement to support elder justice cases. Preventive efforts will be enhanced by supporting community policing efforts to protect at-risk elders.

· Training. Training to combat elder abuse, neglect and exploitation is supported both within individual disciplines and in multi-disciplinary (such as public health-social service-law enforcement) settings.

· Special programs to support underserved populations including rural, minority and Indian seniors.
· Model State Laws and Practices. A study will review state practices and laws relating to elder justice.
· Increasing Security, Collaboration, and Consumer Information in Long-Term Care.
· Improving prompt reporting of crimes in long-term care settings
· Criminal background checks for long-term care workers
· Enhancing long-term care staffing
· Information about long-term care for consumers through a Long-Term Care Consumer Clearinghouse
· Promoting accountability through a new federal law to prosecute abuse and neglect in nursing homes
· Evaluations and accountability. Provisions to determine "what works" and assure funds are properly spent.