Mary Jean
I understand and will make all efforts to have the
magistrate discharge Mr. Weber as your guardian on Thursday, November 15, 2012.
I will let you know as soon as I hear the magistrate’s
ruling.
Take care and I will talk to you soon.
Larry P.
On Mon, Nov 12, 2012 at 6:11 PM, mary jean ziska
<whatabtmary@yahoo.com> wrote:
Larry
Pivacek, November 12th 2012 at 5:43pm
no i cannot
attend….the court case on the 15th of December 2012…. I do not want to be
in a court room with patrick weber who threatened me ever again! Plus that is only a few days from
now…. I have not left my home in
months….my anxiety level is extremely high when people harm me and my home
ownership…. I can be present via
skype if that is what the judge wants.. that way we can video tape it and have it for evidence
if needed later for other cases…. but really?….What the hell is going on? I thought we had to have someone in place to
be the guardian when we request he (Patrick Weber) be removed?
and i told you i haven’t been able to reach scott renshaw…. He is
located in Texas…. right now living with his parents… but other wise fits
the criteria… I will still try to reach him maybe he can come here for a few
months or just a month when i can have a real
evaluation by qualified persons to give me back all my rights….
(is this the court
hearing that my mother mother was speaking about concerning the HOA? ) ( i
wrote this line before speaking with you…. and knowing it was concerning the
guardianship case…. )
I want you
to ask for a continuance…except for
removing Patrick Weber…. for
everything especially if it is…. and to still have him removed…do i need to
send information to the judge…. did you send the paperwork in the mail?
Aren’t I supposed to be made aware of these things things way in advance?.. you told me the next
date for the court to be available l would
be after Christmas.. remember i told you while in tears the last time we
spoke… that this would be the worst Christmas ever? ….
Is there another
letter to bring up my anxiety lever and
start me crying / throwing up? …
another letter to make me throw up? definitely don’t need all this hardship for trying to remove a
guardian that does not do his job.. ( from the beginning he never even did a
plan of action report and i can site tons of infractions and neglect and
misconduct charges that he has doesn’t
throughout this past year while he has been my guardian… ) i cant believe that the judge have me keep a
guardian that made me so upset that i was shaking… and ready to
throw up at the court house…..
I just finished
speaking with you concerning this whole ordeal…. I am hoping that you
really are on my side in this court
case… my wishes are to not have
Patrick Weber as my guardian especially since he has harmed my life… and my
home ownership… why would i think he would actually do anything to epresent
me and help me when he has not done
anything so far…. . I do not want him
representing me anymore since his actions have directly affected my life and my
home ownership…. in a negative
light….
What type of
judge would make me have an abusive guardian?
I was supposed to have
someone who i could count on who helped
me not hurt me…
I am also
requesting the court records… reporting…. right? i think you said they were in the form of
CD’s of the court proceedings I was not
able to attend… how much are they?
As per the bank account
i thought i emailed you…about that….. i know i filed a police report… someone opened a
bank account using my name and my social security number…. in late
October..at Patrick favorite bank… regions bank… where he had my mo go to
try to get a loan for me…. i still have not been told where the $5,000.00 is
that my mother put aside for me…. to use for this mess…. also i was told that a woman went into the
social security office and asked to have my medical disability sent to her bank
account… when i asked my mom she said it wasn’t her it must have been Patrick
Weber who was trying to get my money… these are the situation i have had to
deal with while patrick weber has been
my guardian …. along with his
threats… at the court house and
his sick amusement at causing me to get upset…. His unprofessional behavior with the HOA paralegal….
when i guess he tried to waive the statute of limitations… flirt with the HOA paralegal / lawyer….His conduct
disgusts me… and already i get upset just thinking of how horrid it is that
someone who was entrusted by the courts…
to help me… has damaged my life
in such a short amount of
time….. Its worse than tragic…. It is unforgivable…. I needed his help
legally …. and his negligence and misconduct and abuse have left me with even
worse anxiety… and time limits on a
horrible situation that i told you anything that happens to me is on his
head…. he is directly responsible….
whatever happens… i hold him and his abuse,
neglect and misconduct completely responsible!
i can
definitely say… He is no hero…. sincerely mary jean ziska
— On Mon,
11/12/12, Larry Pivacek <larrypivacek@gmail.com> wrote:
From: Larry
Pivacek <larrypivacek@gmail.com>
Subject: Re:
hi larry, message from mary jean ziska nov 12 2012 concerning removal of
patrick weber, HOA deal, guardianship fl statutes and my wishes
To: “mary
jean ziska” <whatabtmary@yahoo.com>
Date: Monday,
November 12, 2012, 4:37 PM
Mary Jean
As per your
request, attached is the Notice of Hearing for November 15, 2012 where we will
ask the judge to remove Patrick Weber as your Guardian.
I really hope
you can attend the hearing.
Thank you for
your attention. Larry
On Mon, Nov
12, 2012 at 1:13 PM, mary jean ziska <whatabtmary@yahoo.com> wrote:
E-mail to
Larry:
Monday,
November 12, 2012 at 10:57 AM
Dear
Larry, is there something I should know concerning court dates in the HOA? Or
removing Patrick Weber? I called my mom’s phone
and received a message that she was expecting to go to court and to hear
from the HOA next week by Wednesday or Thursday ? what does that mean? when we’re in the process of trying to
remove Patrick Weber as my guardian? Why
would my mother be going to court concerning my HOA case and not you or Patrick
Weber? I know this only because I researched information for retaining a new
lawyer with the legal experience in real estate law, homeowners Association
law, and mediation disputes. The company I located which would assist in
finding a lawyer appropriate to my needs
and they required a retainer fee of $180. A membership with the company would reduce the cost of the lawyer’s hourly fees and
include other benefits. When I first
spoke with my mother, she thought this was a great idea and requested the
telephone number and name of the company. The company is known on the web as www.rocket lawyer.com. I think this is a wise idea since legal
advice and assistance is expensive and
Patrick weber was not able to retain anyone to assist when he contacted legal
aid. I was looking at the Florida
statutes and it looked like legal representation would be assigned on a
rotating basis in an office such as
legal aid… isn’t that the case? When I
next called my mother’s phone/ home phone line I was told the services of this
company would be retained after decisions from the HOALA were made? Which was
completely different than when I spoke with her and she liked the idea of beign
proactive and retaining competent legal help asap!… What is going on?
As
per the Florida statute 744 I am
guaranteed legal representation. I am guaranteed competent legal representation
in the fields necessary for any court/legal/financial areas under the
guardianship ruling. Since Patrick Weber has no knowledge of how to defend any
foreclosure suits, as it is not his expertise, I am by law guaranteed a lawyer
who can do what Patrick cannot do. Does the HOA understand this legal
principle? I was told the verbal agreement between Patrick Weber and the
homeowners Association was not binding and so I was upset for weeks over
nothing? I am glad that his horrid deal is not binding especialy since he never discussed it with me nor did he even
take into consideration my budget..
which he was well aware of when I gave
him a copy in march…. I also was told
the homeowners Association is deciding whether or not to even take a settlement deal concerning payments on the back fees owed….? I thought
the whole court case was based on their acceptance of a settlement and that the
settlement had not been decided upon. If this has not been the case, please
explain what has been going on for this entire year.
Since I
was told the idea Patrick Weber came up with is only a verbal agreement not
sanctioned by me or even discussed with me and not binding in the courts, therefore I am not being held
responsible for his horrid deal and mishandling of this legal situation or his mishandling of my guardianship and my
freedom and my life am I?
I also want to make sure that he cannot touch my medical disability
money especially since he was basing his stealing of my money to pay the HOA……(
which was a deal that was only based on his verbal agreement and his lies
for trying to obtain my money under false pretenses and false accusations
of how the money is being spent each
month!)Did you know his lie in a legal document represents fraud uponthe court…
and is in itself a reason for removal of a guardian! Within the court paperwork I received, he
lied…. By saying he did not know where my money was being spent and continued to lie by saying I was
mishandling my money. It is the exact
opposite! when in fact I am paying my
bills with the medical disability money.
I have and can’t produce paid bills to that fact concerning my electric,
and other bills necessary to living expenses… I can prove I can and have been paying my own bills
appropriately in full amounts and on time
for years! I even wrote him and
you concerning my concerns about how unreasonable his offer was concerning the HOA
which would have left me without any money for buying items such as
tampons, and toilet paper… should I send those emails to the judge or can you tell him or her for me…
?
As per my
request for complete independence I thought of another way to prove my ability
to care for myself and my home….. A have
eight cameras throughout my home for security purposes that record
everything! The tapes would prove my
ability to care for myself , ie daily chores… such as dishes, cooking,
eating, cleaning, laundry, etc.
All the proof of howl I can care
for my self is not really even
encompassed within the guardianship parameters….. I still believe
that a 1500.00 is not necessary and is
another example of his mishandling and mismanagement of the entire case…. How much is he being paid again to be my
guardian? And at what intervals are his payments begin made?….. just wondering
…. What his motivations is for not allowing my complete independence restored, or legal council… it
would appear to me that since he was overburdened to the point that he could not and does
not return any emails or phone
calls from me… that he must be over burdened at work and I would assume that he would want this mater resolved and off his
case list as soon as possible unless
there is a financial motivation I am unaware of that makes him keep me as his ward and want unnecessary
tests that cost sooo much to the
tax payers… when he is still not addressing the entire reason he was
enlisted as my guardian, and why he lied to me about keeping him as my guardian the first day I
met with him and with you in his conference
room…. And he told me that I needed to keep him as my guardian for
financial reasons so that he could represent me in legal matters…. I even put a request for independence in a letter requesting my complete independence
restored in March 2012….and he convinced me to do otherwise…. I can prove that
I can cook or clean or care for myself and
take care of my home and my resources….. But it seems absolutely unnecessary to do so since Patrick weber’s
assistance was only as a limited
guardianship and was only to assist in the financial and legal matters pursuant
to the problems with the homeowners Association past-due fees. As per the Florida statutes , when a limited guardianship is put in place
for a specific purpose…. When that purpose is over, or no longer necessary….the independence of
the ward is restored…. Patrick Weber was
not able to assist in any way possible
and since Patrick Weber was unable to assist with the homeowners
Association negotiations I’ve been trying to contract other lawyers to assist
me where Patrick Weber failed.
Also based
on the grounds that he has not been able to assist me with the legal matters at hand, I have been
trying to have him removed so that legal
assistance can be provided that will legally represent me… not assist the HOA
….( as Patrick did when he tried to waive the statue for limitatieon.. and he
threatened to baker act me when I spoke up for my rights… and my wishes…. And
when I spoke up for his mishandling of my case)
I want a guardian and a legal representative that does not intimidate and threaten
me, or
neglect my needs or wants, and who can actually really represent me and
assist me which is what a guardian is supposed to do ….
When we
last spoke, I told you I was trying to
contact Scott Renshaw to substitute for Patrick Weber’s guardianship until full
independence has been restored …..have you looked at the Florida statute 744
recently? As per who can be a Guardian
,Scott Renshaw is located in Texas and as per
the statutes unless we were married or related by blood he may not
fulfill the criteria Are there other parts of the statue I should look at or
other rules and regulations that
could apply so that he could be my
guardian and I can remove Patrick? Can
you direct me to those rules and regulations?
Also I was
told over the phone my mother wrote an e-mail (which I did not receive a copy
of) concerning her moving into my condo to assist with payments for the
homeowners Association past-due fees .
When I spoke with my mom at my home,
we discussed the option of her moving in here moving everything of value
out of her home and that she was
planning on renting out the top area of
her home ( she has a three-bedroom two-bath home upstairs and three apartment
units underneath )and thereby saving
her home from any foreclosure
proceedings and also saving my home from anything detrimental to home ownership
as well. I am a bit worried…. I have
been received all types of different
messages from people on the phone telling me all sorts of variations of
what I was originally told….
Since I have been the victim of identity theft and so many con artists have lied cheated and stolen from
me I want to make sure these same
criminals who ruined my life are not
harming my mother as well…. There are
laws that could ensure her homeownership is intact and that she can retain the additional income from her rental property…. Please could you check on the true facts…
its hard since I don’t leave my home… to verify in person who is telling me the truth or not….. and who is once again
trying to swindle money from my family…. And a million dollar income producing
home is a large thing to lose because of a
con artist…. Especially since she had to
evict a girl who stole paintings from her….
I
also don’t know what was in the e-mail
she sent you and the homeowners Association can you fill me in? My
understanding is she was still holding onto the $5000 just in case that is
needed for my condo homeowners Association negotiations, but I still need to
have a competent legal attorney represent me in this legal case! It is not
acceptable that not only did Patrick weber
not obtain any legal counsel on
my behalf, that he does not know how to defend such a case himself….
But the verbal agreement caused
my anxiety to be so elevated that I started throwing up again at his
horrid handling of the entire case and
at my loss of power and control over any of it…. At his negligence at even conferring with me…
and his abusive behavior when I did express my
wishes and wants….. I just want to reiterate…… concerning the homeowners
Association deciding on the negation…
I’m under the impression I am allowed legal representation for my side …… It is
actually required by law… that I am represented…. By a competent legal
representative….. it is not completely up to the homeowners association with
they want…. To bully me….
especially since everything they
did by trying to foreclose on my when a guardian was supposed to be assisting
…. And going g behind my back and trying to sell my condo without even consulting my guardian.. was not
only underhanded …. It was illegal… and
was inappropriately and illegally pursued. Does anyone pay attention to the law
anymore?
Larry you
are the guardianship lawyer and I need
your legal assistant/advice in an e-mail ASAP acknowledging receipt of this
e-mail and this information. Thank you for
your kind attention to this
email, sincerely mary jean ziska
Quotes from the Florida statutes:
Florida
statutes 744.446: conflict of interest: it is essential to the proper conduct
and management of the guardianship that the guardian be independent and
impartial. The fiduciary relationship that exists between the Guardian and the
ward may not be used for private gain of the Guardian, other than the payment
of fees and expenses reimbursable to the Guardian as provided by law. The
Guardian may not incur any obligation on behalf of the guardianship that
conflicts with the proper discharge of Guardian’s duties.
Florida
statute 744.4463: Restrictions: if the Guardian engages in any prohibited
activity without first obtaining a court order authorizing the Guardian to do
so, activity is voidable by the court in the Guardian may be removed. The
Guardian may also be liable for surcharge or subject to other sanctions
available under the law. The Guardian is not sure about the appropriateness of
a particular action or about the Guardian’s relationship to the ward, the
Guardian should consult an attorney.
Florida
statute 744.3873 a court approval is required to settle any claims of the ward
arising before or after the appointment of the Guardian. The Guardian may settle contract claims against the ward’s
estate and claims by the Ward’s estate with court approval. Examples include claims to extend or modify
any mortgage claims to enter into fair compromise powers without court approval
the Guardian also has the authority and flexibility to perform without prior
court approval routine acts and pay items that are normal and necessary to
protect manage and preserve the assets of the estate however exercising his or her duties, the Guardian should interpret the law
very strictly, and if the action contemplated is not mentioned and approved
specifically in the law, the Guardian should seek advice of an attorney as to
whether the approval of the court is necessary.
Florida statute 744. 3725: Before the court may grant extraordinary powers to the
Guardian to exercise any of the above enumerated rights the court must appoint
an independent attorney to act on the incapacitated person’s behalf who who
must have the opportunity to meet with
the incapacitated person at a few full judicial hearing present evidence
and cross-examination witnesses on behalf of the incapacitated person: received
as evidence independent medical psychological and social valuations with
respect to the incapacitated person by competent professionals or point its own
experts to assist in the evaluations; personally meet with the incapacitated
person to obtain an impression of the person’s capacity, celestial for the
incapacitated person the full opportunity to express his or her personal views
or desires with respect to the judicial proceedings and issues before the
court; find by clear and convincing evidence that the person lacks the capacity
to make decisions about the issues before the court and the incapacitated
person’s capacity is not likely to change in the foreseeable future be
persuaded by clear and convincing proof that the authority being requested is
in the best interest of incapacitated person and the case and in the case of a
dilution dissolution of marriage find that the wart spouse has consented to
that dissolution
Florida statute
744.3312 the award retains the right to have his or her own attorney and
various proceedings during the guardianship. For example an attorney will be
appointed for the ward in a hearing for extraordinary authority to be granted
to the Guardian, Florida statute 744.37251 or any hearing to determine whether
all or some of the warts right should be restored Florida statute 744.4642 Florida statute 744.1021: The attorney
for the alleged incapacitated person must represent the allegedly incapacitated
person’s expressed wishes, unless they are contrary to the Florida rules
governing attorney conduct Four statute 744.3312 a: When a
court-appointed attorney for an ad legend incapacitated person, the court must
appoint an attorney who is included in the attorney Registry compiled pursuant
to the Florida statutes second sections 27.40 and 27.42. Appointments must be
made a rotating basis taking it to consider conflicts
Definition
of a Guardian: Guardian is a person who’s been appointed by the court to act on
behalf of awards person, property, or both. Florida statute 744.1029. The
Guardian may exercise only those rights that have been removed from the Ward
and delegated to the Guardian Florida statute 744.3611
Limited guardianship: in situations
where the court finds that the incapacitated person lacks some but not all of
the capacity necessary to care for his or her person property or after the
person voluntarily petitions the court for appointment of a limited
guardianship, the court will appoint a guardian to exercise only those legal
rights and powers specifically designated by the court order. Florida statute
744.1029 a
The
concept of a limited guardianship recognizes that the incapacity of each person
is different and permits a guardianship to be imposed only to the extent
required by an individual’s actual mental and functional limitations. The
limited guardianship is this designed to encourage the most self-reliance and
independence possible and to be the least restrictive alternative to a complete
or plenary guardianship.
The
Guardian must be independent and impartial. Guardian he was appointed to manage
the incapacitated person’s financial affairs must protect and preserve the
incapacitated person’s assets and manage the assets is a prudent person would
in managing the financial affairs of another.
Who may
serve as a Guardian? Any resident of the state of Florida who is 18 years old
and a sound mind is qualified to act as guardian. In addition, a nonresident
may serve if he or she is related to the wart by blood, adoption or law.
Florida statute 744.3092.
Also I
trust company, State Bank, national bank, or Federal Savings and Loan may be a
Guardian Floirida Statutes: 744.3094. A
nonprofit corporation organized for religious or charitable purposes may be
appointed a guardian. Florida statute 744.3095
Florida
statute 744.347: oath: prior to exercising authority, every Guardian must take
an oath that he or she will faithfully perform his or her duties as guardian.
Rights of
the award: the Guardian’s role is to balance the protection and care provided
to the ward with genuine respect for and encouragement of the independence
still exercisable by the ward.
Write to
the incapacitated wart that are retained by the Ward: Florida statute 744.32151
1. Having
annual review of the guardianship report and plan.
2.
Continuing review of the need for restriction of his or her rights.
3. To be
restored to capacity at the earliest possible time.
4. To be
treated humanely, with dignity, and respect, and to be protected against abuse,
neglect, and exploitation.
5. To have a qualified Guardian.
6. To
retain as independent as possible, including having his or her preference as to
place an standard of living on Earth, either as he or she expressed or
demonstrated his or her preferences prior to the determination of his or her
capacity or as he or she currently expresses his or her preferences insofar as
such request is reasonable.
7. To have
access to the courts.
8. To be
represented by counsel and attorney.
9. To
receive notice of all proceedings related to determination of capacity and
guardianship.
Most of
these rules regulations have already been violated I’m counting on you to make
sure that
1
competent legal representation can be procured for assistance in the homeowners
Association negotiations.
2. Patrick
Weber’s will be removed based on his negligence or misconduct and abuse
3. No
monies will be removed and no rights will be removed and work on restoration of
independence will begin immediately.
4 lies,
accusations, bullying based on the guardianship will receive sanctions
appropriate and in accordance to the law.
5. As my
guardianship lawyer will keep me informed.
Again, Thank you for your kind
attention to this matter sincerely Mary Jean Ziska