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February 1, 2024 by katforflorida

‘Based on exploitation’: Reform advocates say Florida’s guardianship system is putting seniors at risk

PINELLAS COUNTY, Fla. — In his daughter Sue Melendy’s Belleair Beach home, 95-year-old veteran Thomas Foster Sr. stays busy making crosses out of clothespins.

“He designs the pattern. He gets small ones, medium ones, large ones, picks out the jewels,” Melendy explained.

Foster sells the crafted pieces of art at a local market, raising money for the Disabled Veterans of America.

“We’ve been doing that a long time for the DAV,” said Foster, who also likes staying busy at his church and local senior gym.

“They’re all retired, it’s like a big family,” he explained.

For him, it’s a welcome sense of comfort to be doing what he wants and spending time with his daughter, after what they’ve dealt with over the last few years.

“I feel like we’re the poster child for what is not guardianship,” Melendy explained. “And yet, we were subjected to this for three years. And it completely devastated my father, and me and my entire family.”

Thomas Foster Sr. is one of the rare Floridians, even Americans — most famously pop icon Britney Spears — to get out of a court-appointed guardianship.

“We don’t have the statistics, but we venture to think it’s probably less than 1%,” Melendy added.

RELATED: How a conservatorship works in the state of Florida

Under Florida law, courts can appoint guardians to make all life, health and financial decisions for a minor or often older seniors with perceived mental and physical disabilities. Where they live, who they see, and how their money gets spent is all up to the guardian, a person who in Florida only has to be 18 years old, pass a background check and take a 40-hour training course to become a professional one.

“The first thing they take away from you is the power of attorney and your health care surrogacy; that now is a stranger’s responsibility,” Melendy explained.

A court placed an emergency temporary guardian over Sue’s dad after her mom passed away, triggering a years-long court battle that cost her hundreds of thousands of dollars just to fight and try and take back care. Sue says part of the fight centered on proving her dad wasn’t incapacitated and deserved to make his own life decisions, and that her dad’s “estate” was helping fund the fight against their own interests.

“When people first hear that it happened, or happened to somebody like us, they honestly can’t believe it. They just don’t understand it. They can’t believe that it happens in Florida, in Pinellas County, but we know that it does,” Melendy explained.

“My father is going to be 96 years old. He wants to live in peace. He wants to be able to spend time with family and friends. And this, this just about took my dad out. Literally, it’s been so painful,” she added.

Melendy is one of the many reform advocates pushing for change, saying holes in Florida’s guardianship system are putting our area’s most vulnerable and even some of your loved ones at risk.

While the system is in place to protect the kids and seniors — and many guardians do the job for the right reasons, court-appointed guardians have full control over a person’s decisions and that power in some cases can lead to exploitation.

“The problem is the there is not tremendous oversight, and the temptation to for wrongdoing is just too strong,” says Pinellas County Clerk Ken Burke. Burke says holes in the guardianship system have been on his radar since taking office in 2005.

“There’s been abuses that have taken place. There had been case after case of guardians who have stolen from the wards. We just had a case in Pinellas county, with Traci Samuels Hudson,” Burke explained.

In July, Hudson, the former president of a local guardianship association was sentenced to 8.5 years in prison for stealing hundreds of thousands of dollars from several seniors she had in her care. Using the money to buy a home, jewelry and premium seats to Tampa Bay Buccaneers games.

RELATED: Professional guardian pleads guilty to stealing $500K from elderly man

“We know that there has been nefarious activities, how many others are there out there where it’s not as apparent,” Burke explained.

Burke headed up a statewide Guardianship Improvement Taskforce who drafted a report with 10 recommendations to improve the broken system, from identifying problem guardians to preventing unnecessary appointments.

“I did a sample of the last 30 guardianship filings, and it was like 95% got proved to be incapacitated. So, you wonder, is the examining committee really doing its diligence to make sure that the person really is incompetent? Or is the process too much of a rubber stamp?” Burke questions.

The report has already helped change state law, in 2022 Governor Ron DeSantis signed into law a bill creating a statewide guardian database, that advocates say will give judges and courts better oversight of guardians working in the state.

Burke says more reforms will need to be made especially in Florida, where seniors remain at risk, many of them away from immediate family and potentially just one accident away from losing their rights.

“Florida doesn’t need a good system. Florida needs a great system. And we’re not there yet. And we need to get there,” Burke said.

Right now there’s a bipartisan push in the state legislature to continue building off the taskforce’s recommendations. “I feel like there needs to be some guardrails up to protect people, especially people in their most vulnerable point in their life,” says State Rep. Rita Harris, (D-Orlando).

Harris and State Sen. Ileana Garcia (R-Miami) co-sponsored proposals this legislative session that would in part, change the process in which guardianships are established, require guardians be appointed on a rotating basis every few years, and also secure family visitation rights.

“I think for our state it’s even more important that we let our constituents know that if something were to happen and they did find themselves in a situation where they were incapacitated and needed a legal guardian, that it will be a process that would be transparent and they will be protected through the entire process,” Harris said in an interview with 10 Tampa Bay.

The bills were formally introduced earlier this month and we will monitor them as they move forward in the legislature, advocates say additional protections are necessary and welcome.

“With over 4 million residents over the age of 65 in Florida, the need for urgent reform is undeniable,” said Kat Duesterhaus, Legislative Director of Florida National Organization for Women. “Our imperative is clear to prevent ongoing abuse, safeguard lives, and uphold the fundamental rights, dignity, and autonomy of those who find themselves incapacitated.”

There is some objection to the latest proposal, John Moran an attorney and Chair-Elect of the Real Property and Probate and Trust Law Section of the Florida Bar, says while changes to Florida’s guardianship law “are needed,” his group says he does not believe the bill, in its current form should be adopted into law. “SB 48 encourages interfamily conflict while making guardianship proceedings more adversarial and expensive,” Moran said in a statement to 10 Tampa Bay.

Moran added the proposal would also “encourage more guardianship proceedings because it provides personal financial incentive to petitioners to go after an inheritance.”

Video footage and original story on: https://www.wtsp.com/article/news/local/pinellascounty/guardianship-florida/67-79d7eb46-32e7-488e-a948-ae74248ac896

June 16, 2023 by katforflorida

Release: Jim Crow Returns to FL

For Immediate Release: June 16, 2023

President Debbie Deland, Florida NOW president@flnow.org

JIM CROW RETURNS TO FLORIDA – DeSantis STYLE

Debbie Deland, President of FL NOW said that “DeSantis’s unprecedented sprint to autocracy, in lockstep with the 2023 Florida legislature’s supermajority, has
been formally unleashed. The supermajority of the Legislature and DeSantis are racists, misogynists, sexists, anti-people of color, homophobic, anti-immigrants, anti-public education, anti-free speech… These legislators and governor closed the worst session in Florida’s history on May 5. The repercussions are just being identified and/or felt.

There were many egregious, cruel, and unconstitutional bills signed into law, at times in the dark of night, that are shattering families, bullying the most vulnerable populations, and taking vengeance out on entities or groups that dare oppose DeSantis’s white male supremist ideology. A new era of Jim Crow is ushered in by DeSantis.”

The New Jim Crow is established by DeSantis laws and policies:

VOTER SUPPRESSION: Instead of making this fundamental constitutional right easily accessible to all citizens and despite a highly national acclaimed 2020 Florida voting performance, DeSantis championed laws that hinder voters from their right to vote with confusion, chaos, contradictions and/or fear. Debbie Deland, President of FL NOW said “DeSantis and the Legislature don’t want the young or people of color to vote.”

  •   He gerrymandered the districting map eliminating two Black districts.
  •   He expanded restrictive and suppressive 2021 laws with new changes to the

    Vote-By-Mail option, reduced time for returning VBM completed ballots, reduced

    number of drop box locations, and hours of service—reducing people of color vote

  •   First time voters are prohibited from using the VBM option and must vote for the

    first time at their home precinct—limiting youth vote.

  •   There are more constraints and bigger risks placed on Third Party Organizations

that reach out to marginalized communities: shortened timeframes, requiring

receipts to voter, plus new and higher fines for errors. Again, an attack on voting

by communities of color.

  •   Attacking Returning Citizens, the law places the onus for knowing one’s eligibility

    to vote on the person when it is the State’s responsibility to report this information. There is no good tracking by the State of fines and fees for felons that was the state’s way of denying them the vote that voters gave them. Based on his order, they turned down the system supposed to track fines and fees. Supervisor of Elections have to call clerk of courts to verify eligibility.

  •   DeSantis added to his personal police force to ‘uncover’ voter fraud (when there was virtually none) and has recently set up the arrests of twenty persons because they received Florida Voter ID cards from the State even though they were ineligible and dared to vote!

    PUBLIC EDUCATION: All levels of education from K-12 to public universities have been severely attacked.

  •   New laws defund or eliminate Diversity, Equity, Inclusion and Belonging programs, departments, majors, and classes.
  •   Majors and classes in Gender, Race, and AP African American Studies have been modified or eliminated.
  •   Boards of Trustees and University Administrators have been fired or made to resign and replaced by DeSantis sycophants.
  •   New laws prevent students from discussing or learning about the LGBTQIA+ communities through 12th grade. Math books are being rejected as well as many other textbooks for reference to an LBGTQ+ person for example.
  •   On top of a severe shortage of teachers, these new laws and policies are forcing more teaches to leave teaching not only because of their low pay and benefits (among the lowest in the U.S.), but also due to the risks associated with teaching, fines, misdemeanors, and felonies.

    VOUCHERS: Debbie Deland stated that ‘the $8,500 per student school voucher expansion will cost the FL public schools $4B dollars. This horrendous expansion of school vouchers segregates schools.”

  •   No matter what your family income is you can take advantage of a school voucher.
  •   Voucher expansion flies in the face of separation of Church and State because vouchers are going to religious schools.
  •   This voucher can be used to enroll children in private, or religious schools. But this $8,500 misleads low-income families who think they are doing right by placing their children in a private or religious school, only to find they cannot afford other expenses, e.g., the balance of tuition, transportation, books, sports, uniforms, etc.
  •   These ‘private’, religious and most charter schools are without accountability for

curriculum, standards, and teacher education, training, and certifications. They can expel students and go out of business and the money does not follow students to return to public schools.

  •   Today, many students come back to the public schools due to being behind two years of learning, but return without funding and no funding to catch them up.
  •   Already FL public schools are under-funded with teachers that are woefully underpaid and have poor benefits. (the union busting bill particularly harms the teachers’ unions that will further exacerbate poor pay and benefits). This direct deduction of $4B of public education funds creates a segregated school system in FL.

    BANNING BOOKS: Debbie Deland said, “Massive book banning in FL is NO hoax. It is raging county by county from many people that aren’t even parents in those communities. Book banning drives ignorance. DeSantis seems to want an ignorant populous.”

  •   DeSantis mandated that all school textbooks and books need to be approved by ‘reading specialists’ for age appropriateness and content that is not WOKE. Books are being removed if one person objects even if not a parent.
  •   Debbie Deland notes that “Contrary to DeSantis’ derogatory meaning for Woke, the real meaning of Woke is to understand the histories of injustices and current injustices to move forward to fixing them. It is something we should all aspire to know and act on.”
  •   Laws and policies on race, sexuality and gender identity and restrictions on school library material have been signed. Yet, “It’s disingenuous to say that the state’s not responsible when they’ve created an environment of fear, of civil liability, loss of jobs, loss of teaching licenses, if a line is crossed,” said Caldwell-Stone, director of the American Library Association’s Office for Intellectual Freedom. In fact, teachers have already been fired and licenses have already been revoked.
  •   Banning books adds a new level to Jim Crow in the 21st century. The classic book, “1984” captures the state of FL and books.

    LEGAL SYSTEM & OVER-POLICED: A new law states that ONLY 8 of 12 jurors are now required to apply the death penalty in capital cases (and the judge can override the jury’s sentence if he/she wants the death penalty) in the face of much higher, biased rates of Black incarceration. This action discriminates against Blacks and puts more of them to death when many have been found innocent over time. Studies show that Blacks do not commit more crimes than whites and that Blacks are over-policed with many losing their lives in custody. Debbie Deland, President FL NOW, said “This new law is no different than some of the behavior under Jim Crow and likely takes us back to basically white hanging juries.”

6-WEEK ABORTION BAN: This law virtually bans abortion in Florida. Most women do not know that they are pregnant in 6 weeks and would not have time to complete the requirements of the state to get the abortion. We have already seen the sad consequences for several women carrying unviable fetuses. They are not babies. As another element of this new Jim Crow, the severe abortion ban especially disadvantages lower economic and women of color communities.

FLORIDA NOW REACTS and CALLS FOR ACTION:

Debbie Deland, Florida NOW President said, “Clearly DeSantis and his Administration have gone beyond any point of reason. By imposing their blatant, racist, misogynistic, perverted sense of ‘freedom’ agenda on Florida, they are hurting every Floridian socially, economically, and politically. This agenda compares to the Jim Crow era our country suffered after Reconstruction and to segregation, which is returning covertly and unjustly. We need to educate everyone about the deleterious direction our democracy is heading at the expense of women, people of color, LGBTQ+, immigrants seeking asylum, etc. Florida NOW will be looking to support justice in all these intersectional areas.”

###

Florida NOW: is an intersectional grassroots organization that promotes feminist ideals, leads societal change, eliminates discrimination, and protects the equal rights of all women and girls in all aspects of social, political, and economic life.

June 16, 2023 by katforflorida

FL NOW Working To Put Abortion On The Ballot

For Immediate Release: June 6, 2023

President Debbie Deland, Florida NOW
president@flnow.org (mailto:president@flnow.org)

 
TIME-SENSITIVE ACTION ALERT!
 
JOIN THE PETITION DRIVE TO “LIMIT GOVERNMENT
INTERFERENCE WITH ABORTION”

Governor DeSantis signed into law the 6-week abortion ban in the darkness of night on April 13, 2023. This law, like the 15-week ban before it, is dangerous and against the will of the majority of Floridians. It virtually bans abortion in our state and will continue to jeopardize women’s lives, their health, and shatter families.

FLORIDA NOW REACTS
Debbie Deland, Florida NOW President said, “Florida NOW is vigorously leading the drive to put legal abortion access on the 2024 ballot as a Constitutional amendment. When we win 60% supermajority approval in Nov 2024, we will succeed in reaching a major step towards Women’s Equality. On May 10, 2023 Floridians Protecting Freedom launched the citizen-initiated abortion access petition drive. The response is extraordinary all around the state and we need everyone to keep up the momentum. With many other organizations, groups, and individuals, we will advance women’s status in our country. In addition to FL NOW and its chapters driving this petition drive, many other groups are engaged, e.g., ACLU, Planned Parenthood, Women’s Voices of Southwest FL, FL Rising… We will make the choice to have an abortion legal.”

CALL FOR ACTION:
HERE’S WHAT NEEDS TO BE DONE:
• Volunteers need to collect 900,000 Petitions, first deadline is December 31, 2023. Please note that petitions need to be mailed or dropped at a hub within seven days of signing.
• For link to download Petitions and to find a nearby hub, go to: https://floridiansprotectingfreedom.com/petition/ (https://floridiansprotectingfreedom.com/petition/).
• Petitions need to be filled out in black or blue ink.
• No petition will be accepted by email, scan, or fax – it must be the original hard copy petition.
• You cannot sign more than one petition.
• Only current, registered Florida voters can sign a petition.
• Must be written clearly, i.e., legibly. No scratch outs!
• No P.O. Box Address
• Enter County, not country
• Enter Birth Date in lieu of voter registration number
• Fully Complete Petition—sign and date
• Signature and Date Required
• Better to collect the signed petition than have the voter mail it

If local Hub not in your county, THE OFFICIAL HUB: Petition Collection (Floridians Protecting Freedom), Post Office Box 4068, Sarasota, FL 34230 and an Intake Sheet is requested.

###
Florida NOW (https://flnow.org/): is an intersectional grassroots organization that promotes feminist ideals, leads societal change, eliminates discrimination, and protects the equal rights of all women and girls in all aspects of social, political, and economic life.

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