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