93-year old Evelyn Schwartz says, “I do not consent.” while Cuyahoga County Adult Protective Services tries to take her freedom and her home
Submitted by savcash on October 18, 2009 - 2:24am.
Evelyn is fighting for her liberty against Adult Protective Services (APS). She did not ask for this unwarranted intrusion into her life. In fact she refused them.
Her physician of 29-years confirms that Evelyn, despite her age, is competent and does not need a guardian or protective care. APS is determined, in the face of no supporting evidence of their claims, to move forward to take control over Evelyn’s person and estate. If APS is successful Evelyn will be taken out of the comfort and security of her home that costs her practically nothing to be placed forcefully in an adult care facility consisting of one small room that will cost between $3000 and $7,000 monthly and give the guardian a plausible excuse to ravage her life savings and sell her home to pay for. This is what Evelyn does not consent to.
For the past 15-years, Evelyn has had a live-in caregiver who she has been pleased with for nearly 15 years. Evelyn will be the first to tell you that she enjoys excellent care and Dean’s home cooking all these years which has contributed to her good health that is confirmed by her physician. Years ago, Evelyn put into place a Living Will with an Executrix and Power of Attorney to administer her remaining affairs upon her death. Several friends who care about her and for her surround Evelyn. Evidenced by this notice.
Problems with APS began almost one-year ago when Evelyn’s care-giver suffered a heart attack. Between a couple of Mayfield police officers, a social worker and a governmental system Evelyn found herself caught up “in the system” with a myriad of APS staffers intruding into her life and going so far as to have her made a ward of the court in a hearing fraught with lies, misstatements and innuendos. Evelyn has terminated this attorney who was not protecting Evelyn, but in fact, was swiftly ushering Evelyn through the system – on her way to being placed into an assisted-living facility under the care custody and control of the state and against her will.
A court case is still pending. Evelyn and friends hope that media will bring attention to Evelyn’s plight and the untruthful, over-stepping by Adult Protective Services. The Internet shows that similar situations are happening to the elderly homeowners across the United States. Evelyn Needs your help now. Shine a bright light on this one.
http://realneo.us/content/93-year-old-evelyn-schwartz-says-%E2%80%9Ci-do-not-consent%E2%80%9D-while-cuyahoga-county-adult-protective-s . . . . . . . . .
“I don't consent!” Says Evelyn when faced w/ assault by Cuyahoga County Adult protection Agency
At 93 years old, this gracious private prideful Christian woman does not need to fight these battles, to read she's an alleged incompetent, & to stress her out if indeed, these appointments, court ordered, may possibly ruin her life as she knows it.
Sep 30, 2009 – Evelyn Schwartz was born in 1916, became widowed 39 years ago, having had no children. She was a secretary to the Dean of a local Mayfield Ohio college,
When she became somewhat arthritic, she started using a walker and was unable to drive, among other things. She made life easier by enlisting a trusted male friend, Dean to assist her. She chooses to call him her Nephew (for appearances sake), as he was a number of yrs younger than her. Her brother had passed away years ago, and this arrangement of Dean living in and being her caregiver has worked well for nearly 15 years. The one overriding concern Evelyn has is that she stays in her own home until her death. She elicited Deans promise to assist in that wish.
Forward to Nov 2008: Dean had a heart attack and was in the hospital undergoing a bypass. Dean’s girl friend, a health care person, was caring for Evelyn until he returned a few days later. Evelyn had a sour stomach and was throwing up flem and the caregiver had called the doctor who suggested she get Evelyn some Pedilite, which she left to go get it . In the mean time, a sister in law came over and was insisting Evelyn go to an old folks home where she could get full time care. Evelyn refused but the sister in law persisted. Evelyn asked Dean (when he called home to see how Evelyn was) to ask this sister-in-law to quit, which he did when Evelyn handed the phone over to her. Uhlir refused (hung up on him) and so Dean called the police from the hospital to have her removed. Dean also called another friend, Betty Brown, to go over to the house and help care for Evelyn, which she did.
Upon arriving at the house, Brown found the police there talking with Uhlir and Evelyn. We believe Uhlir had convinced the cops that Dean was swindling Evelyn. The police were engaged in asking Evelyn over and over again to go to the hospital. to which Evelyn refused each time. The cop called EMS & they were obviously going to take Evelyn out of her house w/out her consent -a dozen times saying NO. Betty tried to have Evelyn tell the police, thank you but no thank you and was wrongly arrested for her trouble. (Mayfield certified audio of this event)
Present day:
Evelyn is fighting for her life against Adult Protective Services (APS) and gang. She is being attacked from every which way. Evelyn didn’t welcome any intrusion into her life. Evelyn had a team of friends around her. She had appointed a Power of Atty to act for her upon her death or if/when she became unable to speak for herself, she had a will, a health directive paperwork, and all of that. Yet the APS wanted to investigate to be sure they said, she was being properly taken care of and no one was exploiting her or causing her harm. When she permitted the APS (against her better judgment, but to make them go away) to come into her home, go thru her bank accounts, paperwork, have nurse exam her, and check out her house and cleanliness, living condition, even checking into the cupboards and icebox for food, she thought that would be the end of it – because all checked out fine. Thereafter Evelyn said no to further interference from APS. It was too stressful and she didn’t consent to this invasive unwanted and unneeded involvement.
Evelyn goes to her trusted doctor of 29 years, and he writes up a notice that he had just completed a SEE min-exam upon Evelyn and she did fine,. She gives this glowing report to APS, they had found nothing else wrong at the house, with the banking and money concerns, so end of story, right?. …NOT!.. A few months went by and everyone thought all was fine. Evelyn gets mail from the APS with a court date hearing set, and an affidavit from a social worker riff with misstatements and innuendos stating that Evelyn needed a guardian. She then gets a phone call from a lawyer saying she is her court appointed attorney acting upon Evelyn’s behalf, because this hearing is to set a guardian up over Evelyn, to make Evelyn a ward of the court. The court appointed Atty had written a letter to Evelyn stating the appt of the 8/25 did not go in Evelyn’s favor, Plus in this letter, the Atty suggested perhaps no need for a guardian if she, Evelyn’s lawyer could fulfill the conservator ship position. Evelyn decides to appoint a local POA and together, they would try to right some of these wrongs, instead. She didn’t trust this set-up, and rightfully so.
This lawyer failed to address Evelyn’s wishes to remain in her home, keep the currant situation that she was living her happy life in, and make APS go away!! Instead, seeming to suggest these alternatives were the only thing that was going to rule over Evelyn’s life, as a ward of the court. If she was appointed a guardian, she would be placed in a nursing home and the guardian would sell her home to pay those expenses, evicting Dean who had worked nearly 15 yrs to keep her healthy and happy. They could freeze the bank accounts and take all those funds, all of the treasures Evelyn placed in the home, and do with whatever they wanted, without her knowledge or consent, even selling her precious home. Making her a ward of the court, an incompetent, and they were on third base already, with much misinformation and cover-ups. First things first, we went back to the doctor, he wrote that indeed, Evelyn just simply needed to continue her present living arrangements and did not need a guardian. In getting a copy of the case files, the Very FIRST page, and of about 40 plus pages, it states: “APPLICATION FOR APPOINTMENT OF GUARDIAN OF ALLEDGED INCOMPETANT”.. – and those terrible words are through-out the file. APS had the doctor’s report in there, about 3 times, but not once the hand written one that said she is mentally alert and doing good on her own. (Wonder why that is?) This is going to set in place a robbery and kidnapping of the worst kind – simply because she is an older woman – Adult Protective Services thinks they have the power to do this and become her boss. “What is this world coming to?” This isn’t Russia” Evelyn says.
The ‘hearing was done by a magistrate, (not a Judge) not a court of record as those offering testimony did not have to swear it to be true under perjury, and not giving Evelyn’s POA voice along with Evelyn. Jurisdiction was raised by Evelyn, but not duly noted nor at that proceeding, ruled upon. Instead, a more in depth geriatric, psychological evaluation was now court ordered, saying her doctor (although a glowing report) was an internist and they wanted a specialist evaluation. Where does this end? Government over-stepping their bounds, against ones consent, just because they have for so long, and think they can, period.
Because she does not, and will not EVER consent to this kind of treatment, Evelyn is going out of her way to defend herself, proving no one has jurisdiction over her life, liberty and property, but her. All she wants is peace in her home, yet if APS has their way, she won’t even have a home. The end effect of this attack and the outcome that could happen is to evict her caretaker out of a home he has worked for nearly 15 years – and the happy retirement Evelyn has always looked forward to, that is now up in the air. AND why?
Others have been in this same situation, (google youtube Adult Protection) like the Kidds couple in Texas most recently. Only due to the Grace of God Fox news reported that case, and stopped the sale of their home at the court house steps, while the investigation continues to try to set them back in their home, instead of raking up $7,000.00 a month needlessly for them to be parked in a nursing home. A 67 yr old woman, 70 yr old man, asking “What has America come to?”. What a true shame. If you have any horror stories, please write with details, no matter what part of the States you are in. Such outrage, such power over another’s life, turmoil when indeed it sure shouldn’t be.
to a-team@stratos.net
Attn: I do not consent# # #
PRO SE - what does it mean? Court, self defense in front of a judge
Some people say the Name: Sui Juris ; is a Latin phrase that literally means “of one’s own laws”. - Or use "PRO SE" Sovereign. The official definition
http://www.prlog.org/10360029-dont-consent-says-evelyn-when-faced-assault-by-cuyahoga-county-adult-protection-agency.html
