Senior Advisory Committee Agenda 02/04/2019February 4, 2019 10:30 AM
Senior Advisory Committee Meeting
3299 Tamiami Trl E
Naples FL, 34112
Second Floor County Manager’s Front Conference Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Adoption of the Agenda
5. Public Comment
6. Adoption of Minutes from Previous Meeting
6.1. January 7, 2018
7. Staff Reports
8. New Business
8.1. Review and approval of Committee statement on the DRAFT Amendments to the Land
Development Code affecting the Affordable Housing Density Bonus Program
8.2. Review and approval of Statement to be delivered at the Workshop on Transportation on
Tuesday, Feb 5, 2019
9. Unfinished Business
10. Announcements
11. Committee Member Discussion
12. Next Meeting Time, Date and Location
12.1. March 4, 2018 10:30 a.m. County Manager’s Office Front Conference Room
13. Adjournment
From:Hillary Hogue
To:WilligGeoffrey
Subject:A better system? Despite change, some still see elderly guardianship problems | News | yoursun.com Hillary
Hogue
Date:Wednesday, January 16, 2019 8:26:07 PM
https://www.yoursun.com/content/tncms/live/
A better sysem? Despite change,
some sill see elderly guardianship
problems
Oct 12, 2018
*This sory was corrected on Oct. 30, 2018
Since her father’s brush with involuntary adult guardianship las year, Hillary
Hogue has been on a mission to sop what she said is corruption in the 20th
Judicial Circuit’s guardian and probate court.
Hogue lives in Naples, but she said she takes trips around the fve counties of
the circuit to search for victims of abusive guardianships.
“This is the perfect place for such crimes as Florida is a retirement capital,”
Hogue said. “This has become an indusry that is fueled by ruthless greed.”
Guardianship reform has been a hot topic across the nation in the las few
years, and Florida recently made changes to give the sate greater oversight of
the sysem.
As a result, a frs-of-its kind adminisrative hearing in Palm Beach County may
bar a guardian from practicing after the Ofce of Public and Professional
Guardians (OPPG), along with the Clerk of Court Inspector General, conducted
an invesigation into her practices. The Palm Beach Pos reported the OPPG is
seeking sanctions agains guardian Betsy Savitt which have the potential to bar
her from practicing in the county and may include repayment of up to $190,000
in guardianship fees.
Hogue believes the problem is jus as bad in Southwes Florida and sated
attorneys and judges are complicit in guardians’ attempts to control the lives of
their elderly wards and deplete their savings.
However, Sara Miles, spokesperson for the 20th Judicial Circuit, which
includes Charlotte County, said the allegations of corruption are unfounded and
untrue.
“Our judges work diligently to ensure due process and fairness,” Miles said.
“The Legislature has recently enacted new guidelines and requirements and a
complaint procedure for people to use as a means of maintaining checks on
guardians.”
Forty-six adult guardianship cases have been fled in Charlotte County in 2018
so far, but no one tracks how many adults are actually under the care of a
guardian. The clerk of court closes the cases once a guardian has been
appointed, according to Clerk Roger Eaton. In Sarasota County, 111
guardianship cases have been fled since Jan. 1.
How guardianship works
Adult guardianship happens when the court fnds an individual’s ability to
make decisions is so impaired that it gives the right to make those decisions to
another person. According to Florida law, guardianship is only warranted when
no less resrictive alternative is available, such as durable power of attorney,
trus, health care surrogate or proxy, or any other form of pre-need directive.
Anyone can fle a petition to fnd an individual incapacitated and have a
guardian appointed. Sometimes family is unable to care for an individual, or
family members who can’t agree on a loved one’s care may go to the court for
a third party decision. However, the petition could be fled by anyone who
claims the individual is unable to care for themselves.
There are three types of guardians: family, public, and professional.
Despite the name, family guardians aren’t necessarily performing guardianship
services for a parent or grandparent. ‘Family guardian’ simply designates a
guardian with three or fewer wards under their care. Professional guardians
have more than three wards, and guardianship is their profession.
Gina Rossi, executive director for the Florida State Guardianship Association,
said some professional guardians enter the feld after becoming the guardian for
a family member, while others come through social work or fnance felds.
“If you want to become a professional guardian you have to take a 40-hour, in-
person course,” she said. “After that, there’s an extensive background check
with includes FBI fngerprinting, an expansive credit check, and the Florida
guardianship examination. Then if you pass, you are bonded, and you take all
that information to the Ofce of Public and Professional Guardians.”
According to Ashley Chambers, spokesperson for the Department of Elder
Afairs which houses the Ofce of Public and Professional Guardians (OPPG),
the sate has the leas control over professional guardians, who are paid out of
the ward’s assets. Until recently, the guardianship ofce in the Department of
Elder Afairs was called the Statewide Public Guardianship Ofce.
Now, the OPPG can discipline professional guardians, but their interaction is
sill limited. While professional guardians regiser with the OPPG, they conduct
their business on their own.
“We have no oversight over professional guardians,” Chambers said. “The only
thing we have to do with professional guardians is we do some of their training
and keep a regisration lis.”
In fscal year 2016-2017, there were approximately 550 professional guardians
regisered with the OPPG.
Public guardians, who are typically professional guardians who agree to take on
guardianship cases for indigent persons, provided services for more than 3,000
indigent wards in fscal year 2016-2017.
Recent changes
In 2016, facing news reports and personal accounts of guardians taking
advantage of the elderly, the Florida sate Legislature granted the OPPG
satutory power to invesigate and discipline professional guardians, changing
the name of the Statewide Public Guardianship Ofce to the Ofce of Public
and Professional Guardians.
“That was the huge change,” Chambers said. “It completely changed the scope
of the ofce. In 2016, the law was signed to give us authority to invesigate all
the accusations agains certain professional guardians. The Legislature acted in
order to give us a disciplinary role.”
A satewide toll-free hotline was developed to receive complaints made agains
regisered professional guardians, as well as a website to submit complaints
online. As of December 2017, the OPPG had received more than 80 legally
sufcient complaints agains regisered professional guardians. The complaints
are invesigated by the Clerks’ Statewide Invesigations Alliance, and the
fndings are turned over to the Department of Elder Afairs to decide on next
seps.
“There is a range,” Chambers said. “It can be something like a letter of
concern, like, ‘We’ve found x, y, and z. This is a letter of concern. It looks bad.
It looks like you might not know the procedure.’ And then the higher end of it
is an adminisrative complaint.”
In an adminisrative complaint, the OPPG could seek anything from resitution
for the victim up to revocation of a guardian’s regisration, so they can no
longer practice.
According to Gina Rossi, mos guardians were in favor of the new process and
the Florida State Guardianship Association even helped the OPPG write the
code of conduct for guardians.
“The sandards, generally speaking, raised the profession of guardianship and
mos guardians, that’s what they want,” she said. “They want the work they do
to be refected in a sandard of practice. Guardians felt like this is what they’ve
been doing all along, but now it’s part of the law.”
Too little, too late?
Despite the new sandards and complaint process, Hogue and others say they
felt helpless when their loved ones were placed in guardianship, and some are
sill fghting the sysem even after a loved one’s death.
Punta Gorda resident Crisi Kessler is sill involved in litigation in her father ’s
guardianship case in Collier County, even though he passed away las year.
Kessler has been unable to get back a special medical bed for her veteran
husband’s throat cancer, which she says has been locked down with her father’s
property. The bed, intended to help her husband breathe at night, had been
loaned to her father when they learned he was sleeping on a 40-year-old
mattress.
“This is nothing more than abuse by a probate guardian to a veteran who served
his country honorably and lovingly cared for his father-in-law,” she said.
Another Charlotte County woman’s mother-in-law died under the care of a
guardian who denied family’s wishes, documented in emails in the court fle.
Though she declined to share her sory, court documents record a disagreement
over whether the ward should have been placed in a sroke center, rather than
the hospice care the guardian chose.
In Hogue’s situation, she said every 20-minute conversation with her father’s
guardian or court appointed attorney would rack up unreasonable bills. Her
siser fled the initial petition alleging their father was incapacitated, while
Hogue sates that petition was full of lies. She says her father never had the
opportunity to defend himself, but was insead placed under an emergency
temporary guardianship until he could be evaluated for competency.
After the petition was fled, three examiners evaluated Mr. Hogue, one of
whom was a gynecologis.
Chambers said while that might seem srange, it’s common for examiners to
come from a variety of backgrounds, and all court-appointed examiners receive
special training to evaluate competency. Members of the examining committee
mus receive a minimum of four hours training, per Florida satute.
Ultimately, a professional guardian was not appointed, though Hogue claims
both the temporary guardian and her father’s court-appointed attorney pushed
for one. Insead, Hogue and her siser agreed to an order which allows Mr.
Hogue to live with Hillary while his accountant serves as his power of attorney.
Now, several months after the process has ended, her father is sill afraid to
leave the house, and her young son fears the “guardianship police” will come
take his grandfather away. Still, she considers herself lucky her father got out
so easy.
A guardian’s perspective
Gina Rossi said while she doesn’t have knowledge of specifc cases, mos
guardians take their jobs very seriously, and few people realize the amount of
scrutiny they are under. Any medical decisions are discussed with family,
doctors, nurses, and hospital ethics teams — “everybody you would lisen to if
it was somebody in your family,” she said.
When it comes to money, guardians mus submit detailed fnancial reports to
the court on a yearly basis, which are closely audited by the clerks of court.
People might think of guardians as rogue individuals taking control of a ward’s
life, Rossi said, but none of the decisions made by a guardian are made in a
vacuum.
“A guardian cannot jus come in and spend all your money,” she said. “I guess
there’s always cases of people being really bad people, but generally speaking
the sysem is not set up so that’s easy to do. You’re literally sealing in front of
a judge. That takes a lot of nerve.”
After a ward’s death, Rossi said sorting out the property can be a lengthy
process due to the court overseeing the accounting.
“Every case is so diferent,” she said. “Occasionally, someone will be like, ‘Oh
no, that’s my ring, my mom promised it to me,’ but the guardian would not be
in a position to give it away.”
In addition to education and networking for guardians, the Florida State
Guardianship Association works to educate the public on alternatives to
guardianship and how to avoid it.
“We would jus encourage people to be educated about guardianship to fnd out
exactly what it is and make sure that all your documents are in place, that
you’ve done the bes to care for yourself so you won’t need a guardianship,”
Rossi said.
She also wants people to know guardians aren’t villains.
“I know so many guardians who have totally changed people’s life, took them
from a terrible situation to a safe situation where they had a great quality of
life,” she said.
Since creating the complaint invesigation process, the sate has received 126
guardianship complaints across the sate. The adminisrative complaint agains
Betsy Savitt is the only one yet to be fled, though Chambers said there may be
others going that direction. However, for the fve complaints involving
professional guardians in Charlotte and Sarasota counties, no disciplinary
action was warranted based on the invesigate fndings, according to the OPPG.
“As a department, if you ever hear of any requess for help from a consituent
complaining for something that is putting an elder in jeopardy, that concerns
us,” she said. “Now that we have the authority to invesigate complaints when
they come in, we take that seriously because protecting vulnerable adults is of
the utmos priority for the department.”
*In a previous version of this sory, the Ofce of Public and Professional
Guardians was incorrectly referred to as the Ofce of Public and Private
Guardianship.
Sent from my iPhone
1
IN THE CASE OF ALBERT W HOGUE JR.
CASE 17-GA-319 & 17-GA-320
CRIMINAL COURT REPORT
Failure to Notify Alleged Incapacitated Person
The 20th District Court of Collier County violated FL Stat. 744.331, by Failing to
properly notify Mr. Hogue regarding the Guardianship proceedings. Mr. Hogue was not
served the petition or the order to determine incapacity. The Formal Notice that was
supposed to be served on Mr. Hogue stated that he must serve written defenses to Jill
Burzynski within 20 days.
Petition to Determine Incapacity and Petition for the Appointment of a Guardian, must
be served on and read to the alleged incapacitated person. § 744.331 (1). And the Order
Determining Capacity must be served on the incapacitated person. § 744.331 (6) (d)
Pursuant to Probate Rule 5.550 5.550 (2), The notice and copy of the petition to
determine capacity shall be personally served by individual appointed by the court, who
may be the court appointed counsel for the alleged incapacitated person.
Mr. Hogue was intentionally never served notice by this court or by the court appointed
attorney Pamela Keller. Furthermore Mr. Hogue was never afforded the opportunity to
speak on his own behalf or allowed to testify as to his level of competence before this
court. Instead Mr. Hogue was thrown into a fraudulent Emergency Guardianship where
he was stripped of his rights and subjected to undue financial hardship and severe
emotional distress. The actions and inactions of this court and court officials is
reprehensible. The criminal conduct that is allowed to play out in our judicial system is
both shameful and unconstitutional.
2
Petition Made in Bad Faith
In this case there was no foundation for the allegations that were presented by the
Petitioner and daughter of Mr. Hogue. Mr. Hogue had never been diagnosed with
"Advanced Dementia" and the diagnosis of dementia had not even been made by any
doctor prior to the filing of this petition. In fact, no physician was even named in the
petition filed by his daughter, Claire for this Emergency Guardianship.
Mr. Hogue did not have any features of Advanced Dementia which include profound
memory deficits (e.g., inability to recognize family), minimal verbal communication, loss
of ambulatory abilities, the inability to perform activities of daily living, and urinary and
fecal incontinence. In fact, let the records show that Mr. Hogue scored in the above
average intelligence range.
New England Journal of Med 2015; 372:2533-2540, DOI: 10.1056/NEJMcp1412652.
With advanced dementia Mr. Hogue would not be able to recognize his daughter and
would be unable to perform simple daily living tasks, and such individuals qualify for
hospice. On page three of Dr. Errico's Report "Mr. Hogue was able to properly name
his two daughters and his grandchildren and was able to name the president." The
report goes on to state that Mr. Hogue is "fully ambulatory and can perform all activities
of daily living."
Pursuant to FL Stat. 744.331 (7) (c) (2)
Costs and attorney fees of the proceeding may be assessed against the petitioner if the
court finds the petition to have been filed in bad faith. The petitioner shall also reimburse
the state courts system for any amounts paid upon such a finding.
3
The Emergency Guardian Pamela Keller
In 2016, the NGA identified the ten Ethical Principles that are reflected throughout the
NGA Standards of Practice. These Principles distill into short statements the core of
quality guardianship performance.
The Ethical Principles state that a Guardian Should;
1. Treats the person with dignity.
2. Involves the person to the greatest extent possible in all decision making.
3. Selects the option that places the least restrictions on a person’s freedom and rights.
4. Identifies and advocates for the person’s goals, needs, and preferences.
5. Maximizes the self-reliance and independence of the person.
6. Keeps confidential the affairs of the person.
7. Avoids conflicts of interest and self-dealing.
8. Complies with all laws and court orders.
9. Manages all financial matters carefully.
10. Respects that the money and property being managed belongs to the person.
11/14/17 Application for Appointment of Guardian Debra Nicholas, Oath of GDN
11/16/17 Examining Committee Members were Served Dr. Carmine Errico, Jackie
Gonzalez, and Dawn Christensen. There is no explanation as to why, Jackie Gonzalez
and Dawn Christensen were removed and Carmody Constance, and Marci Bevaqua were
later added. There would be no need in the end for this ridiculous Emergency
Guardianship. This court and all court officials wasted Mr. Hogue’s time, money, and
energy.
Pamela Keller is appointed on November 16 2017. The following day Ms. Keller begins
billing Mr. Hogue on November 17, 2017. In this "Emergency" Guardianship Ms. Keller
acts with zero sense of urgency. It would be Thirteen days, nearly two weeks before she
makes any type of contact with the alleged incapacitated ward Mr. Albert Hogue.
Immediate action should have been taken if Mr. Hogue was alleged to have "Advance d
Dementia." In late stage dementia an individual would have complex needs.
4
Ms. Keller was not concerned with the safety or wellbeing of Mr. Hogue, instead she was
fixated on the very same thing his daughter Claire was fixated on, and that was the asset s
of Mr. Hogue. This fixation led to Mr. Hogue's daughter stealing her father's briefcase
shortly before she would petition this court to have her father "put in a home." Claire
knew her father's briefcase had all of his financial records in it, and she wa nted to assess
his worth, and this exactly what Ms. Keller did the day after she was appointed. Instead
of focusing on assessing Mr. Hogue's medical condition, Ms. Keller began billing Mr.
Hogue before ever even communicating with him.
Ms. Keller had the same goal as Claire which was to steal the assets of Mr. Hogue and
to "put him in a home." Yet Ms. Keller's failure to respond in a timely manner to this
alleged "emergency" proves that she was well aware that the Emergency Guardianship
was a sham, but that did not stop her from wasting Mr. Hogue’s time, money, and energy.
This Guardianship was never about the safety and wellbeing of Mr. Hogue it was only
about his money. Everyone involved in this racket ought to be ashamed of themselves.
How can Ms. Keller explain her lack of concern for that first thirteen days following her
emergency appointment? If Mr. Hogue was in imminent danger and in need of an
Emergency Guardian then why did his Court Appointed Emergency Guarding wait
nearly two weeks to make contact with him?
Pursuant to FL Stat 744.3031 (1), In the Emergency temporary guardianship cases a
court, prior to appointment of a guardian but after a petition for determination of
incapacity has been filed pursuant to this chapter, may appoint an emergency temporary
guardian for the person or property, or both, of an alleged incapacitated person. The
court must specifically find that there appears to be imminent danger that the physical
or mental health or safety of the person will be seriously impaired or that the person’s
property is in danger of being wasted, misappropriated, or lost unless immediate action
is taken.
The subject of the proceeding or any adult interested in the welfare of that person may
apply to the court in which the proceeding is pending for the emergency appointment of a
temporary guardian. The powers and duties of the emergency temporary guardian must
be specifically enumerated by court order. The court shall appoint counsel to represent
the alleged incapacitated person during any such summary proceedings , and such
appointed counsel may request that the proceeding be recorded and transcribed.
5
Mr. Hogue was forced to get a new primary care doctor, whom only Hillary was allowed
to choose. Caretakers from Right at Home or Senior Bridge were the only two companies
they could use. They had a choice of two neurologists. Claire and Hillary were able to
speak to their father
Judge James R Shenko Violated Amendment V
Judge James R. Shenko failed to substantiate the allegations made by the Petitioner.
Where were the medical records to prove that Mr. Hogue suffered from Late Stage
Dementia? An Emergency Guardian can only be ordered if there is viable proof that the
individual is in imminent danger. How is this court going to explain how they can set up
an Emergency Guardianship, but noone acted on this emergency? How can the court a nd
court officials allege there is imminent danger, yet fail to respond to this danger?
Because of this Mr. Hogue was denied his due process rights, as the presiding Judge in
this case failed his duty to protect Mr. Hogue's Fifth Amendment rights.
The Fifth Amendment states, "a person may not be deprived of property by the
government without “due process of law,” or fair procedures."
The 20th District Court of Collier Court failed to abide by FL Stat. (4) (b) which states
that when an order determines that a person is incapable of exercising delegable rights,
the court must consider and find whether there is an alternative to guardianship that
will sufficiently address the problems of the incapacitated person. A guardian may not
be appointed if the court finds there is an alternative to guardianship which will
sufficiently address the problems of the incapacitated person. There was an alternative,
and this was ignored.
Fact: All three members of the examining committee stood in agreement that Mr. Hogue
had the capacity to execute a will and waive the provisions of the will. If the examining
committee stood in agreement on this issue, how can this court or any attorney in this
case justify the demand to sign away his rights.
6
Exploitation by Attorney Pamela Keller
Perhaps the most drastic step that can be taken in response to financial abuse of an elder
person is the appointment of a guardian, or a conservator or a committee who makes
financial decisions for an elder person. Such an appointment requires a showing that
the person lacks decision-making capacity. (Heisler and Quinn, 1995)
Pursuant to FL Stat. 744.20041 (K) an individual cannot use the position of guardian for
the purpose of financial gain for herself or a third party.
Signs of Exploitation
(a) Misusing, or using without knowledge or permission money or property
(b) Forging or forcing an elder person's signature
(c) Getting elder person to sign will, contract, or power of attorney through deception,
coercion, or undue influence
(d) Negligently mishandling assets, including misuse by a fiduciary or caregiver
(e) Overcharging for or not delivering caregiving services
(f) Denying elder persons access to their money or preventing them from controlling
their assets
National Center on Elder Abuse, 2001; National Clearinghouse on Family Violence,
2001; National Committee for the Prevention of Elder Abuse, 2001
7
Pamela Keller spoke to Mr. Hogue on the phone twice and saw him in person 3 times in
the over six months she was his attorney. Ms. Keller has embezzled from Mr. Hogue, as
she illegally charged for her travel time, which she knows is expressly excluded under
the statewide uniform guidelines for taxation of costs in civil actions -case law. Ms.
Keller would visit Mr. Hogue for twenty minutes and charge him for 3 hours and twenty
minutes. A twenty minute visit would cost Mr. Hogue $1170.
Ms. Keller fraudulently disguises her travel time as time spent with client but in an e-mail
exchange she admits to charging for her travel roundtrip from Punta Gorda to Naples .
When I learned that such crimes were being committed I wrote to the judges in Collier
county. I also wrote to the Chief Judge of the 20th Circuit Court, Judge Michael T.
Mchugh, concerning the elder fraud and exploitation but Judge Mchugh failed to address
these crimes. Pamela Keller as well as other court appointed attorneys have been given a
license by this court to steal from their elderly clients.
My attorney Cathy Rieman is also a part of this racket as she charged astronomical fees
and forced my father to sign over his rights, when there was no justifiable reason for his
to do so. Attorney Reiman coerced my father to hand over his rights and she did so by
used of threats and intimidation. Cathy Rieman, wife of former Judge Rossman, who was
recently arrested and removed from the bench for soliciting a prostitute, is also engaged
in criminal activity just like her husband, and she has a long line of victims and has been
sued by several victims whom she has exploited.
The Court and attorneys are guilty of “Exploitation” as they Breached their fiduciary
relationships, with the misuse of a power of attorney, the abuse of guardianship duties,
which resulting in the unauthorized appropriation, sale, or transfer of property, the
Unauthorized taking of personal assets, and the Misappropriation, misuse, or transfer of
assets belonging to a vulnerable adult.
8
The Most Common Form of Exploitation is by a Family Member
The Daughter Claire
Pursuant to FL Stat 415.102 Claire is guilty of “Exploitation” as she stands in a position
of trust and confidence as Mr. Hogue's daughter. Mr. Hogue is considered a vulnerable
adult and Claire knowingly, by deception obtained her father's property with the intent
to temporarily or permanently deprive her father of his property for her own benefit.
People who financially abuse the elderly are often family members, particularly adult
children. National Center on Elder Abuse, 1996
The NEAIS report found that 60.4 percent of the substantiated 1996 APS financial
abuse cases involved an adult child (versus 47.3 percent for all forms of elder abuse)
Only 4.9 percent involved a spouse (versus 19.3 percent for all forms of elder abuse).
National Center on Elder Abuse, 1996
“Because victims are often induced to cooperate in their own exploitation, they may
believe that they are fully or partially to blame for their victimization. Alternatively, if the
financial abuse has an impact on other family members, elder persons may be blamed for
or feel responsible for the consequences. They may also be concerned that they will
become a burden to their family as a result
The elder person may not realize that abuse occurred or that financial abuse is a crime
that can be report. Elder persons may have an impairment that prevents them from
reporting the abuse or from recognizing its existence
There are two categories of criminal laws that states use to punish individuals who
financially abuse the elderly. First, such abuse may be criminally prosecuted under the
state's general theft, extortion, or fraud statutes with some states permitting the
sentencing judge to treat the advanced age of the victim as an aggravating factor.”
(Dessin, 2000; Moskowitz, 1998b; Nerenberg, 2000c)
9
Perpetrators may be prosecuted under a specific penal statute that addresses:
(1) abuse of vulnerable adults
(2) elder abuse in general, or
(3) financial abuse of the elderly specifically
Claire made a “False report” which was maliciously made for the purpose of Personal
financial gain for herself as the reporting person.
Pursuant to FL Stat 415.102 (1) Mr. Hogue's daughter Caroline is guilty of “Abuse”
which is defined as any willful act or threatened act by a relative, caregiver, or household
member which causes or is likely to cause significant impairment to a vulnerable adult’s
physical, mental, or emotional health. Abuse includes acts and omissions. Mr. Hogue
reports abuse to Dr. Errico, a mandated reporter, and Dr. Errico writes about this abuse,
however Dr. Errico fails his duty as a mandated reporter, to report this abuse to the
authorities.
"The Older Americans Act of 1965" declares that older people of our Nation are
entitled to freedom, independence, and the free exercise of individual initiative in
planning and managing their own lives, full participation in the planning and operation
of community- based services and programs provided for their benefit, and protection
against abuse, neglect, and exploitation.” Title I, Section 101, objective 10.
My father and I now live in fear because of this corrupted system. In fact, this
Guardianship process has caused our family to suffer significant emotional distress and
trauma. We have lost our sense of peace and even my children and I have been deeply
impacted after witnessing the abuse that our loved one has been subjected to. My 9 -year-
old son Aiden has experienced panic attacks as he worries that his grandfather will be
taken away from him again by the "guardianship police."
10
National Institute of Health Research
"One of the most frightening scenarios for an elder person is the possibility of financial
ruin. Losing assets accumulated over a lifetime, through hard work and deprivation,
can be devastating, with significant practical and psychological consequences. Financial
abuse can have as significant an impact for an elder person as a violent crime or physical
abuse.
Replacing lost assets is not a viable option for retired individuals. Elders are dependent
on their savings to meet their expenses and needs. A depletion of assets is likely to result
in a loss of independence and security for the elder person. From a psychological
perspective, a loss of trust in others has been identified as the most common consequence
of financial abuse. In addition, victims may become very fearful, both of crime and of
their vulnerability to crime, which in turn may lead to dramatic changes in lifestyle and
emotional well-being. Financial abuse may lead to depression, hopelessness, or even
suicidal. In addition, it has been noted that, unlike physical and psychological abuse, the
effects of financial abuse may not end with the death of the victim. Family members
whose inheritance was reduced or depleted as a result of the financial abuse will suffer
loss and may themselves feel abused, particularly if they felt entitled to inherit the
victim's assets."
National Research Council (US) Panel to Review Risk and Prevalence of Elder Abuse
and Neglect; Bonnie RJ, Wallace RB, editors.
Washington (DC): National Academies Press (US); 2003.
11
The Failure to Protect
Pursuant to FL Stat. 415.101 "The Adult Protective Services Act" states that the
Legislature recognizes that there are many persons in this state who, because of age or
disability, are in need of protective services. Such services should allow such an
individual the same rights as other citizens and, at the same time, protect the individual
from abuse, neglect, and exploitation.
It is the intent of the Legislature to provide for the detection and correction of abuse,
neglect, and exploitation through social services and criminal investigations and to
establish a program of protective services for all vulnerable adults in need of them.
The Mandated Reporters Failure to Report
Fla. Stat. § 415.1034 Any person, including, but not limited to, any physician, nurse,
paramedic, adult family-care home staff; social worker; etc., engaged in the admission,
examination, care, or treatment of a vulnerable adult is considered a mandated
reporter.
It is intended that the mandatory reporting of such cases will cause the protective
services of the state to be brought to bear in an effort to prevent further abuse, neglect,
and exploitation of vulnerable adults. In taking this action, the Legislature intends to
place the fewest possible restrictions on personal liberty and the exercise of
constitutional rights, consistent with due process and protection from abuse, neglect,
and exploitation."
Pursuant to FL Stat 415.102 (4) Mr. Hogue has the “Capacity to consent” as he has
sufficient understanding to make and communicate responsible decisions regarding his
person or property, including whether or not to accept protective services offered by the
department.
12
As we know the court decided that Mr. Hogue did not need to be placed in a Plenary
Guardianship and in fact did not even need a guardianship. Despite his daughter's
baseless accusations regarding her father's level of competency, the court could not find
any reason to justify or warrant a Guardianship in this case. Mr. Hogue did not consent
to having his confidential records stolen from him by his daughter and any reasonable
person would conclude based on the overwhelming evidence in this case, that Caroline’s
only intention was to exploit her father.
Pursuant to FL Stat 415.102 Claire is guilty of “Exploitation” as she stands in a position
of trust and confidence as Mr. Hogue's daughter. Mr. Hogue is considered a vulnerable
adult and Claire knowingly, by deception obtained her father's property with the intent
to temporarily or permanently deprive her father of his property for her own benefit.
Claire made a “False report” which was maliciously made for the purpose of Personal
financial gain for herself as the reporting person.
This Court, attorneys, and the Medical Examiners are guilty of “Exploitation” as they
Breached their fiduciary relationships, with the misuse of a power of attorney, the abuse
of guardianship duties, which resulting in the unauthorized appropriation, sale, or transfer
of property, the Unauthorized taking of personal assets, and the Misappropriation,
misuse, or transfer of assets belonging to a vulnerable adult.
The Extortion
This criminal and fraudulent Guardianship case has cost Mr. Hogue $80,000 of his
retirement money, and there is no end in sight as Attorney's and Guardian's continue to
plunder the assets of Mr. Albert Hogue. The attorneys in this case are g uilty of extortion
under FL Stat. 836.05 as they used threats to extort money from Mr. Hogue, who was
forced to sign and hand over his power of attorney to a complete stranger and forced to
sign over his rights in a Settlement Agreement, even though he did not agree with the
terms of the said agreement. Mr. Hogue made his wishes very clear before the examining
committee members when he stated that his desire was to have his daughter Hillary
Hogue, whom he has always had a close relationship with, as his trusted guardian.
13
Examining Committee member Dr. Errico in his Report dated 1/9/2018 writes that "Mr.
Hogue knows what a "Will" is." Dr. Errico concludes that Mr. Hogue, "understands
what his assets are, where they are, and who he can leave them to." All three
Examining Committee members stood in agreement "Mr. Hogue has the capacity to
execute his will and waiving the provisions of his will."
Mr. Hogue has expressed his desire to alter his will, following his daughter's criminal
conduct which included, theft, exploitation, false allegations, Kidnapping and holding
Mr. Hogue hostage against his will and cutting off all his contact with the outside world.
In addition to this Mr. Hogue's health and wellbeing was severely compromised as Claire
failed to administer his medications. The acts of Mr. Hogue's daughter were malicious
and intended to harm him. He stated he did not want to have any dealings with the Claire.
My father's only crime was growing old in Florida and having an estate. The law states
that if you have a power of attorney there is no need for a guardianship. My father and I
were both backed into a corner and threatened by attorney's that if my father failed to
sign the durable power of attorney over, then he would be forced into a guardianship.
This is the definition of extortion. We signed under duress.
Durable Power of Attorney Abuse (DPA) is a civil problem, but it is also a crime and it
should be reported as such. DPA abuse includes the coercing of an older person to sign
against his or her wishes. Which is exactly what occurred in this case.
A National Center on Elder Abuse1 Fact Sheet for Criminal Justice Professionals, Lori
A. Stiegel, J.D., of the American Bar Association, Commission on Law and Aging, 2008.
Pursuant to FL Stat 415.102 (4) Mr. Hogue has the “Capacity to consent” as he has
sufficient understanding to make and communicate responsible decisions regarding his
person or property, including whether or not to accept protective services offered by the
department.
Bivins v. Rogers, 2017 WL 5526874 (S.D. Fla., June 01, 2017) A $16.4 million verdict
in a Palm Beach lawsuit found that attorneys had breached their fiduciary duties while
running up “unnecessary and excessive fees” of $1 million in a Guardianship case.
This case set the stage for many other victims in the state of Florida to seek restitution for
the damages. In this case 80,000 has been lost in a matter of only eight months.
14
The Kidnapping
Mr. Hogue’s daughter Hillary Hogue was not allowed to see or speak to her father for
an entire week. For this reason, the court had to write an Order which stated that both
daughters had the right to speak to their father while they were sharing “custody” of their
father.
Pursuant to 18 U S C 1201 Conviction for the offense of kidnapping requires proof of
transportation in interstate commerce, of a non-consenting person, who is held for
ransom or reward or otherwise, where the accused's acts were knowingly and willfully
committed.
See United States v. Osborne, 68 F.3d 94 (5th Cir. 1995). See also United States v.
Crosby, 713 F.2d 1066 (5th Cir.); cert. denied, 464 U.S. 1001 (1983).
On 11-16-2017 Lee County Police, Deputy Gabames (Badge #12-133) failed to respond
to the kidnapping of Mr. Albert Hogue Jr RE: Case #17 -522720.
Deputy Gabames was informed that Mr. Hogue had been kidnapped by Claire Palmiotti
and was being held against his will. Mr. Hogue was not allowed to contact with anyone
during the time in which he was held hostage, it was later discovered that Mr. Hogue was
not only denied contact with the outside world, he was also denied access to his
prescribed medications used to treat his medical conditions.
The reason Claire Palmiotti isolated her father was because she was allowing his
condition to deteriorate in preparation for his examinations which sought to prove his
incompetence. Deputy Gabames had a duty to do a wellness check on Mr. Hogue. Sadly,
he decided he didn't need to because he stated it was a civil matter. Mr. Hogue needed to
be rescued, as his hostage taker was failing to medicate, seeking to isolate, all in an
effort to steal the estate. Sadly, Mr. Hogue was not at the mercy of the corrupt 20th
District court.
15
Naples Tops the Charts
Naples Deemed a "Hotspot" for Guardianship Scams
Cory Doctorow writes about the racket in Nevada "Last March, a Nevada court indicted
April Parks, proprietor of A Private Professional Guardian, which had secured court
guardianship over four hundred elderly Nevadans, working with crooked doctors and
social workers to find the identities of old people who had considerable assets , then
using a streamlined court process with no checks and balances to have those people
declared to be unable to care for themselves.
Park's victims were then dragged out of their homes under threat of arrest. All their
possessions were sold off and used to pay Park's sky-high fees (for examp le, she'd
charge her victims' estates hundreds of dollars for a few minutes' worth of
conversation with the victims' distraught children who were trying to find out where their
parents had been taken), while the victims themselves were given assessments of
dementia on the basis of an 11-question quiz administered by a "medical practitioner"
whose training had consisted of watching a few hours' worth of video lectures.
Parks operated in Las Vegas, which advertises itself as a retirees' paradise, but which
also has some of the nation's most lax standards for this kind of fraud and
imprisonment. Many of these bad laws were seemingly written by Jared Shafer, the
father of the guardianship racket, who had more than 3,000 "wards" and who is "still
listed in the Clark County court system as a trustee and as an administrator in several
open cases."
Worse, versions of this scam flourish all over the country, with "hotspots" in "Palm
Beach, Sarasota, Naples, Albuquerque, San Antonio."
https://boingboing.net/2017/10/04/april-parks-jon-norheim-jared.html
16
The Examining Committee
Pursuant to 744.331 (3)(a) One member of the Examining Committee must be a
psychiatrist or other physician.
The Examining Committee members must be either a psychologist, gerontologist,
psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social
worker, a person with an advanced degree in gerontology from an accredited institution
of higher education, or other person who by knowledge, skill, experience, training, or
education may, in the court’s discretion, advise the court in the form of an expert opinion.
The only physician in this case for Mr. Albert Hogue is Dr. Carmine Errico a
gynecologist.
The 20th District Court of Collier Court failed to abide by FL Stat. 744.331 (3)(a) which
states that Within 5 days after a petition for determination of incapacity has been filed,
the court shall appoint an examining committee consisting of three members.
Repeat Orders of Appointments
11-16-2017 Docket #6 Order Appointing Examining Committee
Dr. Carmine Errico, Jackie Gonzalez, Dawn Christensen
11/28/17 Agreement to Vacate Emergency Guardianship
Every Two Weeks Mr. Hogue would alternate between daughter’s homes (12/4/17 Claire)
11-29-2017 Docket #17 Order Appointing Examining Committee
Dr Errico Marci Bevaqua, and Carmine Carmody
17
The 20th District Court of Collier Court failed to abide by FL Stat. 744.331(3)(e) which
states that Each member of the examining committee must file his or her report with
the clerk of the court within 15 days after appointment. The examining committee
members were chosen in mid-November, and two reports were submitted to the court in
January, and one in March. Clearly this rule was violated.
According to FL Stat. 744.331(3)(e) the Examining committee had until December 1,
2017 to file their reports. From the date of the second order the Examining committee
would have had to file their reports by December 14, 2017. Reports were filed 1/5/18,
1/9/18, and 3/4/18 in complete violation of the above statute.
The Court Appointed Examiners
FL Stat. 744.331 (f) The examination of the alleged incapacitated person must include a
comprehensive examination, a report of which shall be filed by each examining committee
member as part of his or her written report. The comprehensive examination report should be an
essential element, but not necessarily the only element, used in making a capacity and
guardianship decision. The comprehensive examination must include, if indicated:
1. A physical examination
2. A mental health examination
3. A functional assessment
18
744.331(g) Each committee member’s written report must include:
1. To the extent possible, a diagnosis, prognosis, and recommended course of treatment.
2. An evaluation of the alleged incapacitated person’s ability to retain her or his rights,
including, without limitation, the rights to marry; vote; contract; manage or dispose of property;
have a driver license; determine her or his residence; consent to medical treatment; and make
decisions affecting her or his social environment.
3. The results of the comprehensive examination and the committee member’s assessment o f
information provided by the attending or family physician , if any.
4. A description of any matters where person lacks the capacity to exercise rights, the extent
of that incapacity, and the factual basis for the determination that the person lacks that
capacity.
Dr. Carmine Erico, The Gynecologist
Exam Date: 1/5/18 Report Signed : 1/9/18
Prognosis:
Guarded (this is given when the outcome of patient's illness is in doubt)
This Examiner is deferring the prognosis, $100,000 later and Mr. Hogue is determined to
have Hypothyroidism
Diagnosis:
Dementia, Hypotension, Hypothyroidism
Dementia cannot be diagnosed until thyroid was treated. Per Letters written by Three
Physicians, Dr. Jasper, Dr. Rubino, Dr. Brayden.
19
Recommended Course of Treatment:
Treat Hypothyroidism and Reevaluate once thyroid function is normalized.
This Examination is null and void as Thyroid levels were tested as extremely high 1/7/18
Has Capacity to Make Informed Decision Regarding the Following:
Voting, driver's license, right to travel, choice of residence, health and medical treatment,
social environment and social aspects of his life.
Mr. Hogue can drive to the bank but he can't make deposits or withdrawals?
Physical Examination:
TSH 26.55 High (significant underactive thyroid, a reading above 4.0 is elevated)
Thyroid medication taken in the past, was stopped
A value greater than 20 mU/ml is a good indicator of primary failure of the thyroid
gland.
BP 100/60 Normal (exam did not show elevated BP)
Mini Mental Exam MME Score:
21/30 The only score revealing impairment (mild cognitive impairment)
24/30 score 24 day prior 12/12 by Neurologist (no cognitive impairment)
24/30 score 2 days prior by Examiner Carmody Constance (no cognitive impairment)
30/30 score 2 months later by Marci Bevaqua (perfect score, due to controlled thyroid)
20
This Examiner intentionally makes the questions more difficult for Mr. Hogue. Dr. Errico
asks Mr. Hogue to solve a complex math problem and when Albert asks for a pencil and
paper, he was told him he was not allowed to use pencil and paper. This is why his score
is the only score which is not a passing score. Mr. Hogue like so many other victims are
set up to fail, but Mr. Hogue recognizes that his life and his freedom are on the line, and
like a warrior he rises above their expectations of him.
It should also be noted that the only valid score is the score on 3/4/18 by Examiner Marci
Bevaqua as this is when Mr. Hogue’s thyroid condition was under control. Ms. Bevaqua
leaves the score out of her report as it is a perfect score, a true measure of Mr. Hogue’s
competence.
Montreal Test Score: 15/30
Physician Recommendations: Gayle Brayden ARNP
“Situation should be revisited once the thyroid abnormality is corrected.”
Functional Assessment: He is fully ambulatory and can perform all activities of daily
living (ADL's). He is continent. While he has a driver's license, he has not driven since
June 2017.
Previous Assessment:
Neuropsychological Evaluation by Dr. Ouaou on 12/17/17
This evaluation proved that Mr. Hogue is above average intelligence.
Scope of Guardianship Has the capacity to make Decisions RE:
Travel or where to live, consent to treatment, making gifts, execute will or waive
provisions, concerning education, admissions to hospital or treatment center.
21
Carmody Constance, The Registered Nurse
Carmody Constance works for Avow Hospice and is a member of the 20th District Circuit
Court Examining Committee. In the Report of Carmine Carmody on page one she states
that, “Hypothyroidism has values that need to be reexamined, and his symptoms may be
related to this medical issue.” This correlates with all the letter wr itten by Mr. Hogue's
three Endocrinologists.
Exam Date: 1/3/18 Report Signed: 1/5/18
Diagnosis:
Early signs of dementia, mild cognitive impairment, Hypothyroidism with values that he
needs reevaluation to correct this. "Many symptoms may be related to medical."
Recommended Course of Treatment:
Limited Guardianship with above medical issues to be reevaluated.
He is independent for all his ADL's. He has knowledge of current events.
He scored a 24/30 on MMSE. (indicates normal cognition)
He does need help with financials and daughter he lives with does help.
Has Capacity to Make Informed Decisions Regarding:
Voting, travel, residence, consent to medical, and social environment.
22
Physician's Report:
This section is Blank, it should not be blank.
Scope of Guardianship Has the Capacity:
Concerning travel, release of confidential records, consent or refusal of medical
treatment, execution of a will or waiving the provisions of it.
"Original" report sent to Probate
Marci Bevaqua The Unqualified Examiner
Marcie Bevacqua is listed as "other person" on the registry of forensic evaluators for
court appointments for the 20th judicial circuit. Ms. Bevacqua's day job is not a social
worker, she is a social director at Heritage Healthcare and Rehab in Naples Florida.
There are conflicting roles at play and she cannot be an impartial party if she has a
divided and vested interest. What is occurring in the 20th District Court is called for
profit guardianship, and there are kickbacks and there are significant incentives to place
individuals in guardianships. The scam involves nursing homes, attorney’s, doctor’s,
insurance agencies, examining committees, guardians, court officials, and judges. This
has become a lucrative business for many and newspapers around the county are
reporting that Naples has become a haven for these predators, due to its incredible wealth
and the fact that it is a popular retirement city.
The type of crimes that are being committed in the 20th District of Collier County are far
more dangerous than many even realize, due to the fact that this organized white collar
crime. What has been playing out for years in this court system does not just involve just
a few select individuals, this is a massive organized crime ring at work.
23
Ms. Bevacqua has petitioned the court numerous times to find residents at heritage
nursing home and rehab incapacitated. Clearly her role on the Examining Committee for
Collier Court and her employment at Heritage creates a conflict of interest. Pursuant to
FL Stat. 744.20041 (K) an individual cannot use the position of guardian for the
purpose of financial gain for herself and a third party (her employer). Ms. Bevacqua
should not be an examining committee member but she is another injustice put upon
Albert Hogue.
Alleged Incapacity:
Unable to make informed decisions about financial and medical care.
(The Alleged Incapacity reported by Mr. Hogue's daughter Claire is Advanced Dementia,
which was clearly fabricated with the intention of exploiting this vulnerable adult)
Diagnosis:
Alert and Oriented, slight confusion.
(This Examiner fails to cite examples of this reported slight confusion)
Prognosis:
Able to make needs known. Albert is able to voice needs and wants appropriately.
Albert was cognoscente to date, time and place as well as finances.
This Examiner is reporting that Mr. Hogue has knowledge and is aware of his finances
and in addition is able to voice his wants and needs appropriately. If this was the
prognosis then why were the wants and needs of Mr. Hogue denied in this case?
Recommended: Albert would do well staying with Hillary
Has Capacity to make Informed Decisions RE:
Right to vote, right to travel, determining residence, right to medical decisions, right to
social environment.
Physicians Report:
24
"If Physician is available must consult with Physician. Prior clinical records if any."
Nothing here noted regarding his Endocrinologists or other physicians.
Mental Health Examination:
"Hillary stated he is well cared for."
This Examiner fails to mention that she performed a mental health examination.
Since this examination was done 2 months after the other two examinations, Mr. Hogue
was able to stabilize his medical condition, which significantly impacted the results of the
examination. Albert was able to score a 30/30 on the MMSE but this Examiner fails to
note this her report. She fails to note any actual examination or testing administered.
Has the Capacity to Make Decisions RE:
Travel, consent to medical, execution of a will or waiving provisions of existing will,
admission to treatment facility.
All Examiners are in agreement, Mr. Hogue has the capacity to execute a will or waive
the provisions of his will. So why was Mr. Hogue forced to sign over his power of
attorney and told he could not alter his will?
Because the attorneys were profiting off the retirement of Mr. Hogue, the same way his
own daughter had hoped to. Attorney Reiman who forced Mr. Hogue to sign his rights
away profited $24,000, and claimed it was not that much money. Mr. Hogue paid for this
extortion, and the total cost for this extortion to date has reached $80,000 and is still
climbing.
Evidence of Incapacity:
Alert. He stated if he was ever in need of a guardian he would want Hillary. He is able
to dress, bath, and care for himself. Acknowledges that Hillary helps with some things.
Per Albert, he has no desire to see his other daughter Sophie. Due to some
forgetfulness, this writer feels he would benefit from limited guardianship for financial
matters, and he would benefit if a health care surrogate or power of attorney was put in
place. Writer feels that due to family dynamic limited guardian finances should be
outside the family.
25
The Emotional Distress & Trauma
Mr. Hogue states on a number of occasions that his desire is to have Hillary serve as his
Guardian and not some stranger who will charge him by the hour. The law states that
Guardianship's should be a last resort. Albert also has expressed the desire to not have
anything to do with his daughter Claire as she has caused him significant physical and
emotional distress. Mr. Hogue reported to all examiners and doctor's that his daughter
had recently stolen his property as well as his rights and was now attempting to "put
him in a home."
You do not need a medical degree or need to be an examining committee member to
recognize or determine that the actions of Mr. Hogue's daughter Claire are criminal and
that she is exploiting her father, who due to age is considered a vulnerable adult. The
Examining Committee members and doctor's in this case are mandated reporters and
they failed their duty to report the obvious exploitation of this elder. Their failures put
the life of Mr. Hogue in jeopardy, and caused him to suffer significant emotional and
physical distress, as well as significant undue financial hardship and under the law they
must be held accountable for such actions.
Mr. Hogue is terrified of his daughter Claire and has expressed his desire to press charges
against her for theft, kidnapping, making false allegations to this court, and for failing to
administer his daily medication when he was held hostage over the Christmas holiday.
These criminal acts directly resulted in Mr. Hogue's very serious medical crisis that
could have ended his life. During this crisis Claire isolated her father from the rest of the
world and denied him the right to make any type of contact. During this time his daughter
Hillary could not speak to the father she cared for, and her and children stood helpless as
they watched their loved one be dragged away from the comfort of his home, and they
have never recovered or felt safe since that day.
As a result of the crimes committed by his own daughter Mr. Hogue was forced to endure
immense physical and psychologica l suffering during the time in which he was held
against his will in his daughter's home. Claire was acutely aware that her intentional
neglect would cause her father's health to deteriorate. She watched as his cognition and
26
memory began to decline significantly in her care, and this was due to her intentional
failure to administer her father his thyroid medication .
Claire held her father hostage and failed her duty as caregiver and as a daughter. Her
father had no choice but to endure the fallout of his daughter's abuse and neglect, which
caused his health to spiral out of control, but this was the plan. Claire knew that
untreated hypothyroidism would cause her father to experience psychological
symptoms that would mimic Dementia. She needed to do this in order to justify her false
report of Advanced Dementia.
Mr. Hogue was in the care of his daughter Claire over the Christmas holiday and only
days later would Mr. Hogue return to the safety of his home as a very ill and traumatized
individual who would be immediately forced to endure a battery of tests all designed to
take away his rights. The Examiners, attorney's, and the court intentionally failed their
duty to protect Mr. Hogue, as the medical reports from three Endocrinologists stood in
agreement that Albert's memory and cognition should not be tested while he was
treating a serious medical condition. No results could be considered valid until his TSH
levels were brought back to normal. And on 3/4/18 when Marci Bevaque administered
the MMSE Albert scored a perfect 30 out of 30. Ironically, she fails to document this
score
Mr. Hogue knew that he had to pass all those exams during a time in which he was
suffering from a medical crisis. Looking at the reports it is simply amazing how tall Mr.
Hogue was able to stand during this most difficult time in his life. His freedom, his life,
and everything he worked so hard for was all on the line. With severely elevated TSH
levels, he passed the tests, and even scored higher than average on the IQ test. He
proved his level of competence, but most of all he proved his daughter to be a liar.
27
Dr. Robert H Ouaou, The Court Appointed Neurologist
A Federal Judge Found Dr. Ouaou's opinion, Not Entirely Credible
Notwithstanding the considerations and findings above, however, the Undersigned finds that the
testimony and opinion of Dr. Ouaou are not entirely credible. Specifically, Dr. Ouaou testified
that a history of brain injury and bad memory do not ipso facto result in incompetence. (Doc. 121
at 104:18-20). Moreover, Dr. Ouaou only opined that Defendant is incompetent in this particular
case because there is an extensive amount of documents and because the case is complicated. Dr.
Ouaou conceded that his opinion concerning competence would change if this case was just a
simple fraud case or if there were simpler allegations. As the Government pointed out, none of
these concessions were set forth in Dr. Ouaou's report.
Dr. Ouaou's failure to address or acknowledge these significant caveats in his report
undermines the credibility of his ultimate conclusions.
United States of America, v. Ronald R. Raiola
United States District Court, M.D. Florida, Fort Myers Division., January 19, 2017, Case No.
2:15-cr-106-FtM-38MRM.Business
The Wife of Dr. Ouaou Who Owns Naples Neuopsychology Arrested
07/01/2015 001
TRAFFIC OFF-
DUI ALCOHOL
OR DRUGS
1ST OFF
15-1986CT 07/29/2015
https://www.rapsheets.org/florida/naples-jail/OUAOU_PAMELA/0001114994
28
The “Not Entirely Credible” Court Appointed Neurologist Dr Ouaou
Date of Exam 12/12/17
(Mr. Hogue taken off Thyroid Medication by daughter who was exploiting him )
Mr. Hogue reports the exploitation during his exam with this Neurologist. He states that
his daughter Claire is petitioning to "put him in a home." He claims he does not
support Claire. He also reports that Claire came to his residence and stole his briefcase
which was filled with his “financial records.”
Did this Mandated Reporter report this crime against a vulnerable adult? No. Did this
“Court Appointed” Neurologist ensure that Mr. Hogue was no suffering from a medical
condition before signing his Guardianship warrant? No. It is clear that this hand -picked
Neurologist works for the court’s best interest and not in the best interest of the patient.
Report fails to Mention the Normal & Above Normal Results in Conclusions
MMSE 24/30 (Normal cognition)
WIAT Score: 111 (HIGH Average Intelligence)
WAIS-IV (Average)
WMS- IV (ABOVE average 76% Percentile)
29
CVLT II Moderately Impaired
(See study above Test scores low in Hypothyroid Patients)
Gait changes (Thyroid abnormality can cause dizziness)
"When asked to recall material from WSV II" Scored Low Average
(hypothyroidism causes retrieval deficits)
Ability to hold information average, and greater than 30% age matched peers.
Scored average range on digital span
Able to repeat 7 digits forwards (above average)
Speech was fluent, grammatical, and void of errors
Average range confrontational naming
Aural Comprehension appeared intact
MRI considered normal based on age. Yet this doctor presents as abnormal
30
The WIAT Test & Research Related to Alzheimer's
When the WIAT is scored, there will be a set of numbers that will be given to the test
taker. The average score for the test is 100, and any score from 90 to 109 is considered to
be in the average intelligence range. Score from 110 to 119 are considered to be High
Average.
Mr. Hogue scored 111 on this intelligence test, which means Mr. Hogue cognitive
abilities exceed that of the normal population and this is noteworthy as Mr. Hogue is
nearly 90 years old. This means that Mr. Hogue is more intelligent than the average
person on the street, and quite possibly even more intelligent than the doctor who is
administering this exam.
The Alzheimer’s Disease (AD) group scored significantly lower than the control group
Therefore, the results of this study seem to suggest that Wechsler Adult Intelligence
Scale-III profile of very early AD may be characterized by weak performance on
subtests normally resistant to decline with ageing.
Psychogeriatrics. 2015 Mar;15(1):1-6. doi: 10.1111/psyg.12066. Epub 2014 Dec 17.
Reviews medical records and report:
From Dr. Rubino Dated 12/6/17 (still doing tests, including labs from 1/7/18, TSH
High)
31
The Professional Malpractice Dr. Ouaou
This Neurologist Fails to report that:
Hypothyroidism could be playing a role in his current symptoms, that he recently
discontinued his thyroid medication, and he fails to test his TSH levels which were
found only days later to be severely and dangerously elevated
This Neurologist was negligent as he failed to properly diagnosis Mr. Hogue which
further delayed necessary treatment. He also failed to use reasonable and competent
care. Fortunately for Mr. Hogue he had other competent physicians whom he was
working with. Three physicians advocated on behalf of Mr. Hogue writing letters in
support of delaying examinations and allowing this very sick patient to regain his health
as he treated his serious medical condition. Mr. Hogue’s symptoms were not based on
Dementia, they were based on Hypothyroidism, and he didn’t need to be placed in an
assisting living facility he needed medical treatment. This Neurologist committed
medical malpractice as he intentionally ignored the serious medical condition of this
patient and his conclusions caused serious emotional distress in this patient and his
family.
Mr. Hogue presented in all his examinations as being able to perform all of his activities
of daily living. In fact, Mr. Hogue scored as above average intelligence, had normal
cognitive functioning according to the MMSE and numerous other tests .
It is also noted that this neurologist report contradicts other reports regarding Mr.
Hogue’s MRI findings. All other reports suggest that the MRI of his brain was found to
be normal for his age, but this report seems to suggest that the findings were abnormal.
32
Thyroid disease is not mentioned at all as a factor in Mr. Hogue's presentation of
symptoms. Dr. Ouaou is acutely aware that "many symptoms of psychological
dysfunction have been described with hypothyroidism. Those symptoms most
commonly related to thyroid deficiency include forgetfulness, fatigue, mental slowness,
inattention, and emotional lability. The predominant affective disorder experienced is
depression. Perceptual changes may develop with alterations of taste, hearing, and
vision. Delusions and hallucinations may also occur as the disease progresses.”
A Mental status examination of a hypothyroid patient may reveal a broad spectrum of
dysfunction, ranging from mild attentional impairment to significant agitated delirium or
psychosis. Mr. Hogue presented for this examination as a hypothyroid patient, and his
labs were remarkable, as they revealed severely elevated TSH levels. The fact that this
doctor fails to consider these facts, strongly suggests that this court appointed expert
works for the corrupt court officials and not the patient. This court appoint ed doctor is a
part of the racket.
It was noted in the report that Mr. Hogue, in the past had some visual hallucinations,
and this is a symptom of untreated hypothyroidism . A review of the literature performed
by Dugbartey revealed that the cognitive deficits most commonly associated with
hypothyroidism include psychomotor slowing, deficits in memory, visual perceptual
skills, and constructional dexterity."
Heinrich, Thomas W., and Garth Grahm. “Hypothyroidism Presenting as Psychosis:
Myxedema Madness Revisited.” Primary Care Companion to The Journal of Clinical
Psychiatry 5.6 (2003): 260–266.
"Due to these close relations with the nervous system function, disturbances of thyroid
are associated with a vast spectrum of neurological signs and symptoms including:
mood and cognitive disorders, tremor and other movement disorders, muscle weakness
etc. Both memory deficits, executive inability and even psychosis. The severe
decompensated hypothyroidism may result in myxedema coma - a life-threatening
condition.
33
Such conditions have to always be taken in consideration as differential diagnoses in
patients presenting with neurological signs and symptoms associated with thyroid
disease."
Thyroid Research20158(Suppl 1): A25
https://doi.org/10.1186/1756-6614-8-S1-A25
The CVLT Study & Hypothyroidism
"This study assessed the effects of hypothyroidism on cognitive function using a standard
neuropsychological battery in 14 patients suffering from untreated hypothyroidism and
complaining of subjective cognitive difficulties in comparison with 10 age -matched
healthy comparison subjects. Significant differences between groups were limited to
verbal memory retrieval as measured by the California Verbal Learning Test (CVLT).
On short delay free recall, long delay free recall, and long delay cued recall, sign ificant
differences remained between groups. Results suggest that hypothyroid-related memory
deficits are not attributable to an attentional deficit but rather to specific retrieval
deficits.
The Journal of Neuropsychiatry and Clinical Neurosciences 2007; 19:132–136
34
The Supporting Medical Expert Letters
Dr. Josephine Jasper, The Endocrinologist
Letter Dated January 26, 2018
Mr. Hogue is Hypothyroid and this condition can cause memory loss.
"I am stating here that his neurologist exams cannot be ascertained or concluded until
he is Euthyroid." (when his thyroid function tests are back at normal)
"He cannot be judged to have a memory deficit at this time."
Dr. Rubino The Neurologist
Letter Dated January 10, 2018
Evaluated 12/6/17 gait, memory loss, instability, Hypothyroidism not mentioned
MRI of brain was consistent with that of an 86-year -old man.
Note: Neurologist Dr Ouaou who opined that Mr. Hogue be placed in a assisted living
facility reported this MRI as abnormal.
"Patients lab-work indicated severe hypothyroidism. Untreated hypothyroidism can
cause brain fog or memory loss. Once the hypothyroidism is treated I will reevaluate
Mr. Hogue."
35
Bruce Wigle the Durable Power of Attorney Abuse
Letter from Cathy Reiman to Bruce Wigle
Names Mr. Wigle as general durable power of attorney, first codicil of will and
testament, power of attorney and declaration of Representative.
Extortion Mr. Hogue did not want to sign document it is signed under duress 4/23/18
The Court Solicits Criminals for Examining Committee
The Sex Offender Gynecologist, Dr. Gene Mcree
The 20th District Court of Collier County Court has made a habit of hiring Gynecologists
and OBGYN doctors as Examining Committee members. An infamous OBGYN doctor
Dr. Douglas Gene Mcree, who has multiple victims in this court, has a serious criminal
record and has had his license suspended and serious charges filed against him.
Collier County Court knowingly hired a predator to examine incapacitated individuals
including children. Not only was this doctor guilty of sexual offenses, he was also guilty
of lying to a 15-year-old about her pregnancy and guilty of performing a late term
abortion on this innocent child, possibly a victim of rape.
It is unclear how many victims Dr. Gene Mccree has had in his career as a sex offender
gynecologist and baby killer. The actions of this court are repulsive and this court is
without excuse for the crimes they have been committing for years. The 20 th District your
time has come, this mob has had their run, and they have gotten their fill, at the expense
of innocent victims, many of whom never got to see justice in their life time.
36
The Sexual Predator, Mr. Gene Mcree
Date: 1972-1986
Treating Physician of Patient T.B. from 1983-86 involved in sexual relationship with
T.B
“Dr. Mccree used the physician patient relationship to engage in sexual activity.”
Violated FL Stat. 455.338 (1) by violating FL Stat. 458.329 engaging in sexual
misconduct in practice of medicine.
Shall perform 1,000 hrs. of community service related to indigent medical car e
The “Accidental” Abortion at 25 ½ Weeks
Department of Business & Professional Regulation (DBPR) vs Dr. Gene Mccree
Date: 5/14/1991 Patient D.M (15 years old)
Patient D.M (15 yr. old) presented to Dr. Mccree at Immokalee Health Care Clinic,
abnormal growth, cervix uneffaced, he advised the patient to go to his clinic to remove
the tissue. (Abortion Clinic).
5/31/1991 presented at clinic and was unrecognized by Mccree, found cervix partially
dilated and effaced and he mistook her for someone else, who had a large amount of
fluid and no fetus, and he suggested a dilation and a D&C.
37
Advised to return for follow up and at 25 ½ weeks obtained signed consent f or D&C and
suctioned off a large amount of fluid. He sent patient to physician for ultrasound which
revealed a viable fetus. She was sent to NCH under care of this physician, D.M
developed fetal bradycardia and had emergency C-section and delivered an expired
fetus.
It was inappropriate to terminate pregnancy without properly diagnosing . Dr.
Mccree failed to recognize the gestational age of the fetus.
No termination of pregnancy shall be performed in the last trimester after the 24th week.
Violation of 390.001 (2) Gross repeated malpractice.
Agency Health Care Administration (AHCA) Case 92-11106
Department of Administrative Hearing (DOAH) Case 94 -5119
Board of Medicine Fine: $7,000
Suspension for one year. Discuss the measures taken to prevent reoccurrence
Reprimand: From the Board of Medicine
Obligations & Requirements: Shall attend 50 hours of Continuing Education in OBGYN,
plus 20 hours of Continuing Medical Education in Record Keeping & Risk Management.
Shall submit a written plan to Chairman and Board of Medicine prior to completion
which is required for renewal of license. Discuss the measures taken to prevent
reoccurrence
Agreement signed by Dr. Mccree 7/5/1995
Violated Chapter 458 Practice of Medicine potentially dangerous to the public if conducted by
unsafe and incompetent practitioners. Every physician in the state needs to meet the minimum
requirements for safe practice. Physicians who fall below competency are a danger to the
public. Why would Collier County Court hire a criminal to examine incapacitated children and
adults?
38
The Victims of Cathy Reiman
1. Renee Mount (2015-CP-000918-0001) Also involved is Lawrence Pivacek ( husband of
Judge Cynthia Pivacek, retired on 3/30/16 a huge part of the racket) Jill Burznski (repeat
offender) Laviagne Ann Kirpatrick
2. Denise Vozzella (2009-GA-000025) Others involved Patrick Weber (many victims) Kenneth
Edward Kemp (many victims), Examining Committee: Cecilia Alme ida, Barbara Miller (who
works for Jill Burzynski), Dr. Gene Mcree (sexual abuse, illegal abortion)
3. Alexander Kaplan vs Matthew Alan Linde; Cathy S. Reiman (Matthew Linde repeat
offender, Cathy Reiman and the Petitioners attorney (second attorney) Matt Linde currently are
working on another guardianship case together Lee County Clerk of Courts Records
4. Meghan Ellen Holtz Soloff, A.M.M.T Plaintiffs, v. Roetzel & Andress, Cathy Reiman,
and Tamara Nicola, Defendants.
The Conflict of Interests
Cathy Reiman (my attorney) and the Petitioners attorney (second attorney) Matt Linde
currently are working on another guardianship case together Lee County Clerk of Courts
Records.
Case 18-GA-000075, Case 18-GA-000074, RE: JOAN AND JOHN KRAWCHENK
Cathy Reiman also is friends with my sisters first attorney Jill Burzinski they have a long
history of working on the same cases together, and they have many other victims who have made
complaints or filed lawsuits against them.
Stay tuned there is much more to come. The fix is in....
From:Hillary Hogue
To:WilligGeoffrey
Subject:North Naples woman says she"s being denied Christmas with parents in nursing home
Date:Wednesday, January 16, 2019 8:27:59 PM
http://archive.naplesnews.com/news/local/north-naples-woman-says-shes-being-denied-
christmas-with-parents-in-nursing-home-ep-396195085-343509162.html/
North Naples woman says she's being
denied Chrismas with parents in
nursing home
By Aisling Swift
All Denise Vozzella wants for Chrismas is her two parents.
But the 54-year-old North Naples woman won't be allowed to spend Chrismas
Day with them at Windsor Place assised-living facility in Naples.
Harold A. Foy, a legal guardian assigned to care for her parents, who both
sufer from dementia, has refused her reques, which she outlined in a letter.
Denise Vozzella hasn't seen 81-year-old Marcel Vozzella and her mother,
Jacqueline, 83, since Dec. 1, when she was asked to leave after the guardian
contended her visits upset her parents and Windsor Place saf, who don't want
her within 100 feet of the home without being accompanied by a legal
guardian.
On Dec. 10, Foy fled an emergency petition, seeking an order to further resrict
her two-hour, twice-weekly supervised visitations. He contended Denise
Vozzella curses at nurses, aides, and other saf, repeatedly tells her parents
she's broke to get money, and that the guardian is trying to kick her out of their
house and spending all their money.
Foy said her visits upset her parents and cause her father's blood pressure to
rise, so he wanted to temporarily eliminate visitation to "sabilize" their anxiety
and "maintain" their health.
Vozzella and her attorney, Nikki Uri of North Naples, fought that. Vozzella
cried to Acting Collier Circuit Judge Vince Murphy as she described their close
relationship, how she was a traditional Italian daughter and left a job and fancé
to return to Naples to care for them when they needed her.
"I've taken care of them, bathed them, clothed them and fed them," Vozzella
tesifed, sobbing as she detailed the las 14 years. "... I promised my parents I
would do everything I could to take care of them."
Denise Vozzella tesifed they cry when she leaves. And her father doesn't like
a supervisor lisening to their conversations and tries to get them to leave. She
called the supervised visits unfair, noting these could be the las days of her
parents' lives.
"They should be at home with their daughter ... not with people who don't love
them," Vozzella tesifed, her voice choking with emotion as she wiped away
tears.
Uri called the guardian's accusations false and absurd and urged the judge to
prevent further resrictions.
"It's one week before Chrismas," Uri told Murphy during her closing
arguments Friday. "To cut of visits right now would be absolutely cruelty. This
may be the las Chrismas of their lives."
But Murphy couldn't grant a Chrismas visit. His hands were tied.
Uri and Denise Vozzella hadn't fled a legal petition asking for that and Foy and
his attorney, Kenny Kemp of Fort Myers, didn't ofer when Uri complained to
Murphy.
But when Uri asked that Vozzella be allowed to see them on Chrismas Eve,
today, Murphy said: "I don't think that's unreasonable at all."
Chrismas Eve falls on Vozzella's supervised Tuesday-Thursday visitation
schedule, so she'll spend two hours this afternoon with her parents, singing
carols and giving them gifts.
The judge told Kemp and Foy that they already had the legal authority to
terminate visits if her parents got upset and to intervene and oversee visits.
However, Murphy added: "Please allow the holiday to be a time for the family
to get together ..."
Vozzella left with hope her parents would someday return home and called
Murphy's ruling fair. She'd feared further resrictions on her four hours of
visitation each week. "I wanted to say so much. I want to bring my parents
home," she added.
Kemp and Foy declined comment and wouldn't respond to Uri's and Vozzella's
contentions that they're looting her parents' bank account. They contend more
than $40,000 monthly is being taken to pay for expenses, including a private
nursing service.
In July, Uri fled a motion that argued the Vozzellas were forced out of their
home, where they had full-time nurses; their original guardian refused to pay
for their care; and she insructed doctors at Windsor Place to drug Marcel
Vozzella with powerful sedatives when he expresses unhappiness about where
he's living and not being able to see his daughter.
For Denise Vozzella, it's been an 11-month battle to have her parents returned
to their home on Hawkesbury Way in Island Walk, a North Naples gated
community.
The case began Feb. 23, when her brother sought an emergency temporary
guardian quesioning his siser's spending for her parents. A month later, Sara
Steiner of Naples was appointed permanent guardian and sought a judge's
determination that Marcel and Jackie Vozzella, who also is blind, were
incompetent.
Circuit Judge Lawrence Martin granted that order.
Court records detail the battle among Vozzella, Steiner and Steiner's attorney,
Patrick C. Weber, the quesioning of billing for lawyers, guardians, supervised
visits, and the private nursing care, which is in addition to what's provided at
Windsor Place.
Vozzella fred her original attorney and hired Uri, who successfully fled a
motion in July to have Steiner removed after she resricted supervised visits to
one-hour weekly.
Uri's motion contended Steiner made false accusations agains Vozzella to
prevent her from seeing her parents, including that she took $40 from her
parents. Uri said she used it to buy them a phone to say in touch and gave
Steiner a receipt. But Steiner told the saf to turn it of.
On Father's Day, the motion said, Steiner refused to allow Vozzella to see her
father, which upset him. Uri also contended Steiner was violating her elderly
wards' trus agreement with their daughter by trying to force her out of her
parents' home.
Two months after Uri's motion, Foy was appointed guardian. That month, he
placed his name on the deed to the Vozzellas' $321,500 home.
Uri confronted him in court, quesioning why he'd go agains the Vozzellas'
desire to leave their home to their daughter. "Isn't it true that you intend to
vacate and throw my client out of the family home?" she asked.
Foy didn't deny it, replying, "Eventually, the trus would want to get rid of it
because it's a depreciating asset."
Kemp presented two other witnesses, guardians who supervised the visits, both
of whom tesifed they upset her parents. One explained supervision is geared
to ensure the visits are "calm and warm."
Kemp argued that they jus want to be able to oversee the visits and cut them
of if Vozzella doesn't comply.
In the end, Murphy told Vozzella he undersood she didn't agree with many of
Foy's decisions, but said she could fle petitions to fght them ? and ask that her
parents be returned home.
"Family is important for the wellbeing of incompetents," Murphy said, adding
that he was sure Foy didn't want to permanently sop her visits, jus
temporarily. "I don't have the authority right now to sop him from doing that.
You have the authority to petition the court."
Vozzella cried as Murphy, a county judge who heard the case because Martin is
retiring, urged her to follow the guardian's rules, noting that courts give
guardians a "wide berth" when caring for wards' health, fnances ? and
determining where they live.
"It may not make sense to you, but with your parents' condition, the guardian
has authority," Murphy said of Foy. "... I'm going to sugges to you that in order
to return to these supervised visits, you're going to need to comply with these
rules ... because he does have the authority to turn of the tap."
Sent from my iPhone