The Wayward Ward

2007-09-28T18:35:00.000-07:00

INCOMPETENCE?, INCAPACITY? and INSTITUTIONS

The saga of the deprivation of an innocent man’s liberty

By Richard Tuniewicz

"Enslave the liberty of but one human being and the liberties of the world are put in peril."
- William Lloyd Garrison

INCOMPETENCE?

Unjustified adult guardianship, while not a common practice, is about as frequent as the execution of convicts who are too late found to be innocent. The fact that such things can happen in a free country, is evidence that our judicial system needs more oversight to protect the innocent. A group which has major vulnerability is the elderly.

A longtime resident of Nashua, NH, Richard Tuniewicz, age 68, and a diabetic, is in this vulnerable category. In the early summer of 2003, Richard called his doctor to make an appointment to get an infected heel ulcer treated. The doctor quickly admitted her patient to the Parkland Medical Center in Derry, NH, where she practiced as a vascular and general surgeon.

Within a day or two of admittance, Richard was telling his caregivers and son, Mark, of unusual dreams and possible hallucinations which he was experiencing. A nurse later told him that these experiences were a result of incompatibility between an antibiotic and other unspecified medications. A nurse was stationed in Richard’s room for a two week period until the strange phenomena subsided.

During this two week period, Richard’s son, decided that Richard would not be able to care for himself if he returned to his previous lifestyle. He proceeded to apply for permanent guardianship orders, despite his father’s disbelief and disapproval. Being naive, and ignorant of how little actual proof was needed to deprive him of his liberties, Richard never believed that his guardianship could become a reality. "I’ve always been a take charge guy", he explained.

For reasons which are still unclear, Mark Tuniewicz, asked the court for an expedited guardianship hearing, and stated that his father was incompetent, incapacitated, and indigent.

The hapless patient was prevented from attending the probate court hearing, even though he had mobility to use the bathroom and a wheelchair. The court appointed a lawyer, who met with Richard for one 10-15 minute visit. Needless to say, the efforts of the counsel were ineffective without Richard being present to refute and question lies and exaggerations.

The permanent guardianship orders, were approved by a gullible but well meaning judge whose mother was also a diabetic. Before the effective date of the court orders, Mark Tuniewicz had unilaterally canceled the lease on Richard’s subsidized NHA kitchenette, gave away his father’s small therapy dog, junked Richard’s operating Ford van, brought most of his father’s furniture, clothing and possessions to the city dump, and sold many other valuable items for a fraction of their worth. Gone and unaccounted for were, many expensive machinist’s tools, several gold rings, several watches, a camera collection, and three computers. A 32 inch Zenith television, VCR machine, and a Bose radio/CD player were among the purloined items.

Mark repeatedly states that he is only interested in his father’s welfare, and that he loves his dad. He says that he looks forward to Richard’s independent living. Richard asks, why did his son hire a high priced lawyer to prevent his father’s attempt to terminate the guardianship? Why did his son dispose of his dad’s apartment and all his possessions, effectively preventing a return to individual living? Richard is angry that his intelligent, financially secure, son and daughter, constantly discount the desires and needs of their father, and still claim to love him. "My kids express no guilt for subjecting me to this intense and stressful institutional environment" (nursing home). Richard states, "Their actions speak louder than words".

"The average ward in this country, under guardianship orders, has fewer rights than a felon"

Guardianship Gulag

INCAPACITY?

The lifestyle to which Mark was afraid his father would return, was a modest one to say the least. But Richard was content with his lot, for he had many of the things that he’d always had and needed. Fifteen years before the guardianship orders, Richard had raised and trained dogs. In 1986, he sold his home of 18 years, started and operated a machine shop. In 1990, he filed for bankruptcy, was considered homeless, lived with two dogs in his van, and attended college full time. All this was happening while he was treated for diabetes, and was a client of the State Dept. of Vocational Rehabilitation.

In 1992, Richard qualified for SSDI, which resulted in his being accepted as a NHA resident on Vagge Drive. In 1994, Richard had chest discomfort which resulted in his stay at a VA hospital for by pass heart surgery. He went straight home from the hospital, and completed his rehabilitation in the company of his beloved Bouvier des Flandres dog, and an occasional visiting nurse.

Being a diabetic since 1978, Richard looked for and arranged for primary care treatment by a new endocrinologist, Dr. Flynn. A toe infection in 1996 resulted in a one toe amputation, a short stay in a rehabilitation center, and a return home with a computer operated IV antibiotic dispenser. While under doctors orders to limit walking, the senior still made daily trips in his van for shopping, postal pickups, and appointments. Meals were cooked, and a few extra dollars were brought in by selling old items on the E-bay computer auction site. All during this time Richard combated a tendency toward depression by becoming a client at the Community Council in Nashua. This organization provided assistance by sending counselors to visit on a weekly basis. Some of the counselors would assist in shopping or help with housekeeping.

Since the heart surgery, and through to 2003, Mr. Tuniewicz was prescribed a dozen different pills, primarily cardiology meds, and vitamins, but also injectable insulin, for the Type 2 diabetes. He first arranged to have the meds mailed to him by the VA. Later on he found that he qualified for the State of NH Medicaid insurance, so was able to pick up his meds monthly at the nearby drug store. He organized the pills into a two week calendar system, which he refilled twice a month. His glucose checks were made with the latest technology meter (One Touch), which would display a three day graph of his blood sugar tests and store many readings which could be downloaded to his computer, and printed out for the use of his diabetes educator or endocrinologist.

2003 was a year of significant change, Mr. Tuniewicz’s endocrinologist moved out of town, he developed an ulcer on his heel which became infected, the Community Council transferred his case to their elder care section, and his consulting psychiatrist was replaced by a very disagreeable nurse practitioner. The CC counselors in the new section were very much unlike his previous counselors. His experiences with them was discouraging. They seemed to be less motivated toward counseling, motivation and assistance. One young lady even told her supervisor that Mr. Tuniewicz made a lewd suggestion, when he had only commented that it was "a beautiful day for a picnic, with a blanket on the grass, a loaf of fresh bread, some cheese and a bottle of wine."

Visiting nurses were becoming unbelievably demanding, obviously having less respect for the opinions of an elderly person. A certain nurse, while attempting to pet my therapy dog, was nipped by the 19 pound pet. No blood or skin breakage was noticeable, but she reported it to her superiors. For this I was characterized as having a vicious dog. Once I reported a supervisory nurse for being, rude, hostile, and disrespectful. This resulted in her calling a meeting of the visiting nurse staff, and having me blackballed by their organization. Fortunately, a nursing service in an adjacent town was contracted to fill the gap.

"Absolute liberty is absence of restraint; responsibility is restraint; therefore, the ideally free individual is responsible to himself."
- Henry Brooks Adams

INSTITUTIONS

Mr. Tuniewicz’s guardianship became effective in the early fall of 2003. Right around that time, his son and daughter (joint guardians) decided that he should be confined to a nursing home, even though the infected ulcer was nearly healed, and his mobility was not in question. An out of state nursing home was selected, for reasons not specified. Lowell Health Care and Rehabilitation was the name of the nursing home which specialized in the care and long term storage of coma patients, and patients with Huntington’s disease. During this period, he often accompanied his guardians to family events, dinner outings, even bowling and pool playing excursions. Richard made regular medical visits to his doctor in Derry, NH. Within a short period, the ulcer was healed and the doctor wrote a note saying that Richard could live independently.

There were numerous problems at Lowell Health Care. During the first few weeks there, Richard noticed unusual and unique dreams. He wasn’t frightened by them, but was perplexed by the vividness of the experiences. He had one hallucination during this period, that of needles coming out of his head and then disappearing into thin air. After discussing it with the staff, and being prescribed the appropriate anti-hallucinogen, the imaginary needles were soon only a memory. Along with the needles, the unusual dreams also vanished.

Patients at this institution had the run of the facility. They were not well supervised, and some regularly went into other patients’ rooms and stole whatever was not tied down. I had one big tall black man who repeatedly came into my room and rummaged through lockers and drawers. The first couple of times that I observed him doing it, I reported it to the staff. They merely reprimanded him, but the lack of supervision did not change. It was obvious that just as on the outside, you primarily are responsible for your own security. After the deed is done, is too late to prevent it. I made it my business to keep an eye out for certain people who had a reputation for going into other peoples belongings. If the facility staff couldn’t protect me and my property, I’d have to take care of it myself, and so I did.

The well organized Lowell institution, had a behavior enforcement staff composed mostly of male Kenyan immigrants. I used to refer to them as the "Kenyan Mafia." On two occasions I had their attention, when they would come at me four at a time, for a minor infraction like my trying to take an unauthorized (non-diabetic) container of ice cream. They would grab at and twist my hands and arms, and on one occasion wrenched my shoulder causing permanent rotor cuff damage. My son Mark when told of this abuse, took no action as a guardian should, he ignored the situation and encouraged the staff to do as they thought best. Protection of his father and ward did not seem to be in the cards. I was moved from one floor to the next, three different times for behavioral problems. I found the address of the Lowell Housing Authority, and sent it to my daughter Sandy, who was my only effective guardian. My son Mark, had accepted a job in San Diego, CA, about three months after the guardianship became effective (Jan. 2004). Sandy contacted the Lowell Housing Authority, and they gave her information on how to apply for a subsidized apartment for her elderly father, in case the nursing home evicted him.

After sixteen months of stress, misery and violence in the Lowell nursing home, my daughter arranged for a third floor single bedroom apartment. This apartment was a long walk from the building’s entrance. Transportation was a problem because I was not provided a car which I needed to replace my van which was disposed of so irresponsibly. She furnished the apartment without any discussion with me about what I wanted or needed. The last of my cash fund were spent on a living room set, a bedroom set with a brand new mattress and box spring (aprox. $900.00) Also included in my furnishings was my lost but not forgotten previously new, 32 inch Zenith television set, which was used by someone for the last eighteen months, but still worked fine. Also provided was a desktop computer with cable internet service. None of the software which I had for my other three computers was included, nor was any of my old hard drive data saved or available. I was really sorry about the loss of my job history files. I had kept records of my 40+ varied jobs, and all my duties and accomplishments in each one. Also included were copies of various resumes constructed for specific jobs, and showing my wealth of diversified experience. A major source of pride in my life had been sent to the dump. There were hardly any clothes, but most of all, I grieved that my Schipperke therapy dog Blackie, was not there. Without the dog it was a lonely, morose environment. All I wanted to do was eat and sleep.

Every day of the week, a homemaker would come in to assist me with things that I could do for myself. Three days a week a LPN visiting nurse would come in for diabetic foot care and inspection. Physical and occupational therapy techs came in and we worked on some of the damage which resulted from my nursing home adventures. Things like cooking, cleaning, washing, shaving, were all things I was capable of doing, but my guardian daughter decided that I was not only disabled, but I was an invalid as well. The one good thing was that the homemaker would do the shopping each week from a list that I would provide. The bad thing was that my daughter had to come all the way down from Seabrook, NH each week, to bring me money with which to buy groceries. I was limited on what I could purchase because my daughter was still getting my social security check, and only doling out to me a bare minimum, and no extra. It was still better than being institutionalized.

My daughter arranged for my health care needs to be met by a haughty, know it all nurse practitioner named Mac, at the VA clinic in Lowell. Mac and I did not see eye to eye, she did not like her pronouncements to be questioned, so I was the ultimate thorn in her side. When I developed a blister on my right heel, she sent me by bus to a podiatrist, who prescribed an ointment designed to remove dead skin. This prescription was kept on the wound faithfully three days a week, by the visiting LPN, for three months, until finally the whole bottom of the heel was raw. The heel was again infected so I requested that I have an appointment with my surgeon, up in Derry, NH. In the meantime my daughter was communicating with the know it all nurse, and being advised that the deteriorating wound was my fault, and evidence that I couldn’t take care of myself. I honestly believe that my daughter wanted to believe that I couldn’t continue to live independently, because I was taking more of her time and trouble than I ever did living in a nursing home.

No sooner did I arrive in Derry to see the doctor, that I was admitted by her for the second time to Parkland Medical Center. The dumfounded doctor couldn’t understand how the wound could have gotten even worse than the first time I had come to her with it nearly eighteen months earlier. At that time she was told by my son that the reason for my infected wound was because of alleged unsanitary (supposedly filthy) conditions. This time, with a homemaker coming in to assist with the cleaning, there were no accusations of my keeping a dirty house. Nor were there any apologies by my guardians for not providing with quality health care, as I was used to arranging for myself. In addition, the Derry doctor had inspected my feet roughly six months previously, and under her care everything healed and I was given a clean bill of health. The wound was treated by vacuum therapy for about a month before I was notified that my chance at independent living was lost, and that my daughter had made the decision to close down my household, cancel the lease, dispose of my belongings (again), and place me in another nursing facility for an indeterminate period. When I tried to get to the source of her reasoning, all she would say is "I don’t think you would be safe". She would not discuss the source of her opinion, or listen to my views or pleas. I was filled with extreme emotions to say the least.

I was angry, disappointed, hurt, abandoned, raped, abused, and was aware of what it felt like to be without freedom or liberty. I then realized that the law and justice were not the same. I knew that whatever happened from now on that did not kill me, would make me stronger and tougher. I would fight whatever rules and systems that I didn’t agree with. I had nothing to lose.

NOTE: The author Dick Tuniewicz, tried to have his guardianship terminated in early 2007. The probate court appointed a lawyer who was a friend of the judge.
Although Mr. T. had expressly stated that he did not want a GAL(Guardian AD Lidem))involved, his lawyer reccomended with the judges approval, that one be appointed.

The GAL (j. Marino) was obviously a born prosecutor. She in every way worked against Mr. Tuniewicz's "best interest", and the unjust guardianship was continued by the judge.

The whole story in detail will be on the Tuniewicz blogs in the next weeks and months. ===== Dick T.

2006-11-26T08:32:00.000-08:00

Diabetic Dick Blog
11/26/06

Ineffective treatment of Diabetes in nursing home

Skilled Nursing Facility?

Nichols House, a Fairhaven, MA nursing home, is accused by a resident, Richard Tuniewicz, of possible fraud in denial of proper care to this resident and other diabetics.

Mr. Tuniewicz believes that this Kindred Healthcare facility member, is improperly treating diabetics by the denial of services while accepting Medicaid and social security payments under the pretenses of providing skilled nursing care.

The complaining resident takes issue with the following facts:
The nursing home refuses to offer supervised regular care in the most important "leg" of diabetic care, which is "regularly scheduled exercise" of 1 hour a day of brisk walking. (as reccomended by American Diabetes Association.)

Although the facility offers minimal "Physical Therapy" at additional cost to insurer, for certain "qualified" residents, regularly scheduled daily exercise, as a component of the three legged normal diabetic care, is not provided, nor included in the diabetics’ regimen. At an average cost of $8000./per month per resident, there is no excuse for the institution, not providing "optimal treatment" for diabetics.

Recommended regimen for diabetics, usually consists of
1. Nutrition; 2. Medication; and 3. Regularly scheduled daily exercise, which is mandatory in facilitating the effectiveness of the other two "legs".

Daily "diabetic foot care and inspection", is not provided for by scheduling or by guaranteeing that it be done, or accounted for by proper supervisory or nursing management accountability methods. As a result, deteriation of skin and foot ulcer outbreaks are common, and reoccurring. This is confirmed by regular monthly visits to wound clinics, and by random spot inspections by one or two dedicated LPN’s.

The nursing home staff, and management, are attempting to cloud the issues by stating that Mr. Tuniewicz should be exercising on his own, without supervision while being involuntarily confined in a small locked nursing home venue. They have incorrectly stated that he has refused to accept the temporary "therapy" which was offered. He had not needed or requested "temporary physical therapy", but ongoing regular daily exercise, for which they refused to provide supervision.

They are further attempting to distort facts by suggesting that Mr. Tuniewicz is being "too rigid", "unreasonable", "rude", in his insistence for optimal healthcare.

In addition, the management is casting aspersion on this resident’s mental health, suggesting, personality and psychological diagnoses which he never had prior to confinement in a nursing home. A recent Psychiatrist note saying that he (Mr. T.) "did not need psychotropic medications, and would benefit from a less restrictive environment", was ignored.

A recent attempt to prevent an elderly resident from being harmed by another resident was characterized as "assaultive behavior", rather than "use of minimal force", to protect the helpless 96 year old. This characterizes the institution’s current retaliatory additude .

2006-07-08T14:54:00.000-07:00

2006-07-06T06:33:00.000-07:00

strong>THE WAYWARD WARD

SENIORS BEWARE!!

ADULT GUARDIANSHIP NIGHTMARES!!

PROBATE COURT ABUSES

TELL YOUR STORY HERE 00PS!
THEN YOU'RE DEAD
The probate abuse is nationwide! Guardianship fraud and abuse -–
Anonymous, 06:56:21 10/18/04 Mon

Guardianship Abuse is a Nationwide Problem

Justice For Florida Seniors, Inc., is a non-profit organization dedicated addressing guardianship abuse by reforming guardianship and educating the public about the abuse and fraud perpetrated on our most vulnerable citizens by court appointed guardians.

To put it bluntly: the current guardianship system is white-collar crime under color of law.

This probate abuse by judges and their court appointed favorites is summed up in Dr. Diane Armstrong’s book "The Retirement Nightmare": Judges and their favored professional conservators and guardians, expert witnesses and court investigators have unspoken agendas: money, power and control.

When an elderly individual is brought into court and forced to prove his or her competence, we soon see that the system does not work. We have a system rife with court-sanctioned abuse of the elderly.

Why? Judges override protections that have been put in place in the codes. It happens every day. Judges disregard durable powers of attorney — the single most important document each of us can create to determine our care should we become incapacitated. Judges ignore our lists of pre-selected surrogate decision-makers. The current system does not work. This reality is most apparent when a wealthy individual falls victim to these involuntary proceedings and his or her wealth becomes a ripe plum to be shared by the Judge’s favorites. — Diane G. Armstrong, Ph.D., excerpt of prepared statement before the U.S. Senate's Special Committee on Aging, February, 2003. Author of : "The Retirement Nightmare: How to Save Yourself from Your Heirs and Protectors: Involuntary Conservatorships and Guardianships". Read more »

Adult Guardianship = Abuse and Fraud

"Money Won't Protect You. It Makes You a Target":. AARP: The Magazine, January/February 2004: "...greedy professional guardians can wreak havoc on a far larger scale. In many states [like Florida], there are few prerequisites for entering the guardianship business: no special training, no licensing process, no enforceable professional standards." Read More »

Once Under Guardianship You Have Less Rights than A Criminal!
If you have no assets and little income, you are safe from adult guardianship. Guardianship is all about money (even a modest amount). Guardianship "protects" your assets from misuse and you from exploitation. That is its stated purpose. Guardianship is a legal proceeding which puts the person under guardianship at the mercy of the courts and the guardian. A guardian is charged with the legal right and duty to care for a person who is determined to be unable to care for themselves. The potential for exploitation and neglect in guardianship is enormous.
For that reason, every state in the nation has passed laws designed to control the conduction of a guardianship. These laws are universally ignored.
Imagine the effect of giving someone unlimited and unsupervised access to your money with little or no oversight. Imagine having someone determine every aspect of your life.

If you or a well meaning relative try to fight this system, the court allows the guardian to use your money to fight you! You are effectively imprisoned in a system designed for your "protection." Money Magazine refers to it as the "gulag of guardianship" and calls it "a national disgrace." It is a system riddled with abuses now.

According to some experts, it will get even worse as baby boomers provide a stream of new victims. Across America, and particularly here in Florida, with its large retirement community, is a system infested with abuse and fraud. If you've got a nest egg for your retirement, watch out! A professional guardian or an heir may get control of your money by alleging that you can no longer manage your affairs. You pay the court costs for this charade. Those examining you won’t consider illness or the effects of drugs on your wits.

Forget "due process." Should your guardian be predisposed to fraud and abuse, there's very little you can do. You are at the mercy of your court-appointed guardian. There are a few rights that you keep.

One is the right to privacy. Should a family member want to investigate suspicions of embezzlement, this right to your privacy is invoked.

Convenient isn't it? In 2003, after hearing guardianship horror story after horror story, the Chairman of the The Senate Committee on Aging called for a United States Government Accountability Office (GAO) report on guardianship. The report concludes: ... the current guardianship system is fragmented, inconsistent and lacks even the basic information required for effective oversight." — 2004 - Government Accountability Office (GOA) Report conclusion What does it take to become a professional guardian in Florida (and many other states)? Not much.
18 years old or older
No criminal record
40 hour course
In 2005 there's going to be a simple test. There's no license required. There are no enforceable standards.

Want to fight it? Call Elder Abuse. Nothing. Call the Police: "It's a Civil Case". No one listens to your plight.

The guardian will use your money to fight to keep you as their "ward". Your family wants a different guardian? The guardian is likely to accuse your family of abuse and prevent them access to you. This is a standard ploy. Judges frequently rule in favor of the guardian, even if that guardian has a trail of civil cases and very suspicious activity. You are a target because you have assets. Even a modest amount.

You don't necessarily have to be very old. You can even be quite lucid. That won't stop these predators. When it comes to removing your rights and your money, these folks are experts. It is a very rare and lucky individual who is able to regain his or her rights.

Unfortunately, the process still removes most of their assets by guardian charges and attorney fees fighting to keep you in the gulag.

 MA PROBATE SCAM AND ABUSE -- Anonymous, 04:27:52 10/17/04 Sun My probate experience is in MA.
A short summary is: Judge forces crony on estate and crony forces an agreement on the will. This agreement has a 30 day time limit. Time limit is ignored but crony now has an "agreement".
Case then drags on for eight years (still going) with the crony obtaining three void and illegal court orders, paying money to a deceased person and other money illegally to an unappointed "trustee".
After about six years of this, I filed a lawsuit against the crony and others in Federal court. I must now wait until the State finishes with the case. The case is on its first appeal level now.

bloglinker.com

My conclusions about Probate after eight years of being abused is:

1. These abuses are widespread. It is my understanding that in many jurisdictions, Probate is used to fund political parties where the cronies of the Judges kick back fees and loot to the political parties appointing the Judges.
2. The State Courts will generally support such activity since ultimately the Judicial system is political and the kickbacks support the political system.
3. Numerous coercive, intimidating and threatening techniques are used by cronies and court officials to prevent legatees from speaking out and opposing these practices. In many cases, the legatees' lawyers are in collusion with the Probate officials.
4. Court officials collude in all the above and assist by altering court records and using filing and other procedures against complainers in order to prevent and exposure of the corruption.

Anyone entering the Probate or other judicial process: BEWARE and most of all BEWARE "your" lawyer.

Most lawyers follow the line of least resistance and the line of highest fee, so when those lines converge, it is time to sell you out and deliver you to your enemies.

Take it from an expert: "75 to 90% of all American trial lawyers are incompetent, dishonest, or both."
- former conservative US Supreme Court Chief Justice Warren Burger.

Peter

2006-06-18T17:15:00.000-07:00

HAPPY FATHER’S DAY!!

The following message reminds me of some of the very dignified gentlemen who are Parkinson’s patients and fellow residents, here at the Nichols House in Fairhaven, MA. I thank Dr. Garber for his deep and sensitive thoughts which also apply to many other outstanding men who have seen better days.
– The Wayward Ward

A personal Father’s Day message Dr. Benjamin Garber, HealthyParent
Published: Sunday, Jun. 18, 2006

On Oct. 17, 2000, my father died. He had struggled for more than a decade with the erosion of control over his body and then finally his mind – but never his dignity – that is Parkinson’s disease.One year prior to his death, at a point when turning his head was beyond his control, when what little dopamine remaining in his brain wasn’t enough to recognize his wife and children, I wrote the piece that follows.

It appeared in The Sunday Telegraph in June 1999.I offer it again today as tribute to my father’s wisdom, strength and kindness, and to everyone who might take a moment today to celebrate their own dad.

Its Father’s Day, and my dad doesn’t know it.He’s sick.The oil that always kept his witty, insightful mind churning, the spinach that grew his muscles, the stuff that put the sparkle in his eye and allowed him to leap tall buildings in a single bound – the dopamine in his brain – has almost run dry. He has Parkinson’s disease.

His words falter. His body trembles. His memory fails. Mid-sentence, he’s gone. Lost. Confused. The cogs in his cognition jam, and most times he doesn’t even know that he’s stalled out, frozen. It may be that in this case, his ignorance really is his bliss.I’ve never used this space to write about myself before. I’m not even sure as I write this that I’ll print it. But maybe I will.

Maybe writing about my dad’s decline is good therapy for me, and maybe reading about his tragedy can help you.Today is Father’s Day. It’s a celebration and, for many of us, a remembrance.

My dad loved fishing. Tears come to my eyes recalling him in his prime, the engine that fueled his mind and body running smoothly and taken entirely for granted. From my boy’s-eye view, he could do anything and knew everything. Which lure would catch which fish in which place. How and where to cast and wait, and even how to make me laugh despite the damp, rocking cold of a north Atlantic sunrise far from shore.There we sat, sunburned, in a tiny motorboat one summer day when I was 8, waiting. And waiting. When finally I reeled in my first flounder, he gave me his rod so he could remove the hook and I could keep fishing.I caught another moments later and we switched back, my fish on ice and my hook rebaited. But then I caught another, and we switched again.

In my memory, it went on that way for hours. I caught a boatload of fish and my dad did the dirty work patiently, enjoying my pleasure more than he would have enjoyed fishing himself.

That’s what fatherhood is all about. Giving. Baiting your son’s hook so he can succeed, and then selflessly enjoying the glow of the child’s pride. My dad did that and, if not for some mix of biology and genetics, I believe he would do that for me today.

We used to wake up before dawn for those fishing trips. He’d load me half-asleep into our station wagon and drive an hour toward the dawn, towing the boat behind. Breakfast was runny eggs and greasy bacon in a smoke-filled, wharf-side diner. It was a real man’s breakfast eaten among real men, and I was one of them.

He gave me that, too, my dad. Respect. He gave me a feeling that I belonged. That I was welcome in his world. That I was important.He listened to my stories. There, over breakfast among strangers. Alone in the boat. Up late at night with the stomach flu or working together in the yard or, later, by phone from school.

He made mistakes. I know now that I was hard on him those times. Too hard, I’m sure, but there’s no way to apologize now. As a child, I was never ready to see the man inside the superhero costume. I wanted him to be perfect. Invulnerable. Immortal.

Even as an adult, I didn’t think I was yet ready to see my father’s humanity, to face his very real imperfections and vulnerabilities. Perhaps he wasn’t ready to let them be seen, but time and biology have dictated otherwise.Parkinson’s has ripped away his mask. He can no longer leap tall buildings. He can hardly manage a flight of stairs. But to my surprise, I love him all that much more for his humanity.

Maybe that’s the hardest part of being a father: Letting your humanity show. Being real. It’s harder, certainly, than the day-to-day battles about curfew and car keys and taking out the trash. Its harder, even, than the see-saw juggling act we fathers try to manage with our wives and co-parents.There’s no formula for humanity; no simple rule of thumb.

I’ve learned it has to do with laughing at yourself. Even in his decline, my father has taught me that being human with your kids means having a sense of humor and feelings and dignity, all at once. It means crying and trying and failing and learning, all the while reassuring your kids that your love is perfect even if your body is not.

Being human yourself is the only way I know of to teach your kids to be human, too.I’ll never be grateful that my father has Parkinson’s. I pray for a cure every day. But I’m thankful to my father for everything he is, for those crisp, cool mornings at sea, for letting me catch the fish, for his pride, for his needs and for allowing me to see his humanity.

Happy Father’s Day.

reprinted from "The Telegraph" by:

Richard Tuniewicz

"The Wayward Ward"

6/18/06

2006-06-17T00:56:00.001-07:00

The Wayward Ward - 6/17/06

NURSING HOME COMPLAINTS

Today I was visited by an investigator for the MA DPH, Complaints Division. The lady was a registered nurse whose unenviable job was to investigate nursing home complaints by, interviewing all concerned residents (patients), nurses (RN’s, LPN’s, CNA’s)), staff, and nursing home administrators . Part of the investigation involves reviewing the inaccurate, self serving, nursing logs and chart entries
.
My interview lasted about 45 minutes, during which time we discussed my 14 complaints and comments about my present nursing home, which happened over the past month or so. I’ve only been in this nursing home since February. The first couple of months I was much too busy trying to terminate my guardianship, so I really didn’t write down comments on any mistakes, or carelessness that I noticed.

The nurse investigator was very interested in my comments and recollections of the complaint details. I told her that I considered myself like a drop of water in the ocean. With little ability to make waves, or even a ripple, in the sea of caretaking confusion, cover ups, carelessness, and inconsideration.

If I am the single drop, the rest of the residents who don’t have the ability or opportunity to express their grievances, are like the vast ocean.

I sadly admitted to her, that of the three nursing homes in which my children (guardians) have placed me, the other two were even worse. Unfortunately, I didn’t have the capability and opportunity to express my complaints or grievances, and my guardians never took any effective actions when told of the nursing home horrors.

Toward the end of the interview, I asked the investigator what her primary job was. Was she an advocate for the resident complaintant, or for the nursing home? She reluctantly admitted that her position was neutral.

Her job was to get statements from both sides, and present her report in an ambiguous way in which neither the nursing home nor any of the involved staff were to be mentioned by name.

This statement speaks volumnes about the lack of effective regulatory oversight in our large, unwieldy healthcare system.

More later on the results of this investigation of my complaints

The Wayward Ward 6/17/06
Richardtuniewicz@yahoo.com

2006-06-17T00:56:00.000-07:00

The Wayward Ward - 6/17/06

NURSING HOME COMPLAINTS

Today I was visited by an investigator for the MA DPH, Complaints Division. The lady was a registered nurse whose unenviable job was to investigate nursing home complaints by, interviewing all concerned residents (patients), nurses (RN’s, LPN’s, CNA’s)), staff, and nursing home administrators . Part of the investigation involves reviewing the inaccurate, self serving, nursing logs and chart entries
.
My interview lasted about 45 minutes, during which time we discussed my 14 complaints and comments about my present nursing home, which happened over the past month or so. I’ve only been in this nursing home since February. The first couple of months I was much too busy trying to terminate my guardianship, so I really didn’t write down comments on any mistakes, or carelessness that I noticed.

The nurse investigator was very interested in my comments and recollections of the complaint details. I told her that I considered myself like a drop of water in the ocean. With little ability to make waves, or even a ripple, in the sea of caretaking confusion, cover ups, carelessness, and inconsideration.

If I am the single drop, the rest of the residents who don’t have the ability or opportunity to express their grievances, are like the vast ocean.

I sadly admitted to her, that of the three nursing homes in which my children (guardians) have placed me, the other two were even worse. Unfortunately, I didn’t have the capability and opportunity to express my complaints or grievances, and my guardians never took any effective actions when told of the nursing home horrors.

Toward the end of the interview, I asked the investigator what her primary job was. Was she an advocate for the resident complaintant, or for the nursing home? She reluctantly admitted that her position was neutral.

Her job was to get statements from both sides, and present her report in an ambiguous way in which neither the nursing home nor any of the involved staff were to be mentioned by name.

This statement speaks volumes about the lack of effective regulatory oversight in our large, unwieldy healthcare system.

More later on the results of this investigation of my complaints

The Wayward Ward 6/17/06
Richardtuniewicz@yahoo.com

2006-06-10T19:42:00.000-07:00

The Wayward Ward

Saturday, June 10, 2006
Picture of a Diabetic’s Assistance Dog.

Diabetes Prevention and Control Program
Diabetes and Stress
Managing or Relieving Stress
Stress can occur when an event produces a strain on a person or when a person thinks that a situation is challenging or threatening. In response to this threat, physical changes occur in the body such as increases in heart rate and breathing. These physical responses are called "fight or flight" and prepare our bodies to fight or run.
We all experience stress from time to time. Having many stresses, or a long, intense, physical response to stress can lead to health problems and can negatively affect your diabetes control (i.e. blood glucose). Here are some helpful tips:
Organize
Be preparedShare your feelings
Go Outside
Exercise
Sleep
Get professional help
Organize!
Managing your time and organizing can help keep your frustration down and keep stress levels low. What are some suggestions?
Keep lists -- write out your daily "to dos," congratulate yourself each time a task is completed.
Store -- keep all of your diabetes supplies handy at a central location, and store away things that you don't need. Less clutter means less stress!
Prioritize -- only do things you NEED to do. Learning to say "no" to unnecessary projects (or to too many party invitations!) can be difficult, but will benefit you in the long run. Your health should come first!
Be prepared!
Always plan ahead. Prepare your next day's tasks the night before. Track your blood glucose levels to anticipate any "highs" or "lows" and take necessary steps such as having a snack or taking one with you (for hypoglycemia/ low blood sugar), or taking an extra walk for exercise (for hyperglycemia/ high blood sugar).
Share your feelings!
A conversation with a friend may give you support and emotional release. You may discover that you are not the only one having a "bad day," caring for a sick child, or working in a busy office. Sharing your feelings and frustrations about your diabetes with friends and family may also help them better understand what you are going through. Let your family and friends provide support and guidance. Don't try to do it ALL alone!
Go outside!
The benefits of fresh air and sunlight are great for you and the whole family. Sunshine is known to increase the levels of vitamin D in your body, and some research has shown that sunlight's effects can be helpful with some forms of depression.
Exercise!
Exercise can not only help improve your physical health, but also relieves stress and allows your mind to relax. The U.S. Surgeon General recommends at least 30 minutes of exercise on most days of the week (at least 3-5 days a week).
There are specific recommendations for people with diabetes who exercise. Please click here for more information -- EXERCISE & DIABETESSleep!Sleep is very important to your overall health, especially when dealing with the stress of the holidays. Without adequate sleep the body functions at half speed and tires out half way through the day. Developing healthy sleeping patterns can greatly increase your energy and may help improve your attitude throughout the day. Most adults require about 8 hours of sleep each night. If you don't "have the time" try to fit in an energizing short nap (~10-20 minutes) during the day.
Get professional help!
No matter how hard you try sometimes, you cannot seem to "get it together" resulting in increased anxiety, and in more severe cases, panic or depression. Depression can become a serious paralyzing factor in caring for your diabetes. Ask your physician, psychologist, social worker or other mental health specialist for help. The following resources may be useful to you:
Depression and Diabetes [HEALTH site]
National Institute of Mental Health
National Foundation for Depressive Illness
National Mental Health Association
Samaritans Emergency Line (Suicide prevention) (401)272-4044 http://www.samaritansri.org/ Highlights
Need a Flu or Pneumonia Vaccine?Call your primary care physician!
Did you know?
75-90% of visits to physicians are stress related
Job stress is a major health factor costing businesses an estimated 150 billion dollars annually
Stress related disorders are a major cause of rapidly increasing health care costs
[Source: National Mental Health Association, 1996]

Stress

Stress results when something causes your body to behave as if it were under attack. Sources of stress can be physical, like injury or illness. Or they can be mental, like problems in your marriage, job, health, or finances.
When stress occurs, the body prepares to take action. This preparation is called the fight-or-flight response. In the fight-or-flight response, levels of many hormones shoot up. Their net effect is to make a lot of stored energy - glucose and fat - available to cells. These cells are then primed to help the body get away from danger.
In people who have diabetes, the fight-or-flight response does not work well. Insulin is not always able to let the extra energy into the cells, so glucose piles up in the blood.
Many sources of stress are not short-term threats. For example, it can take many months to recover from surgery. Stress hormones that are designed to deal with short-term danger stay turned on for a long time. As a result, long-term stress can cause long-term high blood glucose levels.
Many long-term sources of stress are mental. Your mind sometimes reacts to a nondangerous event as if it were a real threat. Like physical stress, mental stress can be short term - from taking a test to getting stuck in a traffic jam. It can also be long term: from working for a demanding boss to taking care of an aging parent. In mental stress, the body pumps out hormones to no avail. Neither fighting nor fleeing is any help when the "enemy" is your own mind.
How Stress Affects Diabetes In people with diabetes, stress can alter blood glucose levels. It does this in two ways. First, people under stress may not take good care of themselves. They may drink more alcohol or exercise less. They may forget, or not have time, to check their glucose levels or plan good meals. Second, stress hormones may also alter blood glucose levels directly.
Scientists have studied the effects of stress on glucose levels in animals and people. Diabetic mice under physical or mental stress have elevated glucose levels. The effects in people with type 1 diabetes are more mixed. While most people's glucose levels go up with mental stress, others' glucose levels can go down. In people with type 2 diabetes, mental stress often raises blood glucose levels.
Physical stress, such as illness or injury, causes higher blood glucose levels in people with either type of diabetes.
For some people with diabetes, controlling stress with relaxation therapy seems to help. It is more likely to help people with type 2 diabetes than people with type 1 diabetes. This difference makes sense. Stress blocks the body from releasing insulin in people with type 2 diabetes, so cutting stress may be more helpful for these people. People with type 1 diabetes don't make insulin, so stress reduction doesn't have this effect. Reducing stress can help people with type 1 diabetes take better care of themselves.
Some people with type 2 diabetes may also be more sensitive to some of the stress hormones. Relaxing can help by blunting this sensitivity.
It's easy to find out whether mental stress affects your glucose control. Before checking your glucose levels, write down a number rating your mental stress level on a scale of 1 to 10. Then write down your glucose level next to it. After a week or two, look for a pattern. Drawing a graph may help you see trends better. Do high stress levels often occur with high glucose levels, and low stress levels with low glucose levels? If so, stress may affect your glucose control.
Stress and Personality You have some control over your reaction to stress. You can learn to relax and reverse the body's hormonal response to stress. And, of course, you may be able to change your life to relieve sources of stress.
Something else that affects people's responses to stress is coping style. Coping style is how a person deals with stress. For example, some people have a problem-solving attitude. They say to themselves, "What can I do about this problem?" They try to change their situation to get rid of the stress.
Other people talk themselves into accepting the problem as okay. They say to themselves, "This problem really isn't so bad after all."
These two methods of coping are usually helpful. People who use them tend to have less blood glucose elevation in response to mental stress.
Learning to Relax There are many ways to help yourself relax:
Breathing exercises. Sit or lie down and uncross your legs and arms. Take in a deep breath. Then push out as much air as you can. Breathe in and out again, this time relaxing your muscles on purpose while breathing out. Keep breathing and relaxing for 5 to 20 minutes at a time. Do the breathing exercises at least once a day.
Progressive relaxation therapy. In this technique, which you can learn in a clinic or from an audio tape, you tense muscles, then relax them.
Exercise. Another way to relax your body is by moving it through a wide range of motion. Three ways to loosen up through movement are circling, stretching, and shaking parts of your body. To make this exercise more fun, move with music.
Replace bad thoughts with good ones. Each time you notice a bad thought, purposefully think of something that makes you happy or proud. Or memorize a poem, prayer, or quote and use it to replace a bad thought.
Whatever method you choose to relax, practice it. Just as it takes weeks or months of practice to learn a new sport, it takes practice to learn relaxation.
Other Ways to Reduce Mental Stress You may be able to get rid of some stresses of life. If traffic upsets you, for example, maybe you can find a new route to work or leave home early enough to miss the traffic jams. If your job drives you crazy, apply for a transfer if you can, or possibly discuss with your boss how to improve things. As a last resort, you can look for another job. If you are at odds with a friend or relative, you can make the first move to patch things up. For such problems, feeling stressed may be a sign that changes are called for.
Some sources of stress are never going to go away, no matter what you do. Having diabetes is one of those. Still, there are ways to reduce the stresses of living with diabetes. Support groups can help. Knowing other people in the same situation helps you feel less alone. You can also learn other people's hints for coping with problems. Making friends in a support group can lighten the burden of diabetes-related stresses.
There are other ways to fight stress as well. Sometimes adding positive things to your life can help. You can start an exercise program or join a sports team. You can take dance lessons or join a dancing club. You can start a new hobby or learn a new craft. You can volunteer at a hospital or charity.
Dealing directly with diabetes-related stress can also help. Think about the aspects of life with diabetes that are the most stressful for you. It might be taking your medication, or checking your blood glucose levels regularly, or exercising, or eating as you should.
You can get help with any of these issues. Ask a member of your diabetes team for a referral. Sometimes stress can be so severe that you feel overwhelmed. Then, counseling or psychotherapy might help. Talking with a therapist may help you come to grips with your problems. You may learn new ways of coping or new ways of changing your behavior.

Downloaded from the Internet,
By Diabetic Dick – a very stressed senior citizen.

richardtuniewicz@yahoo.com

2006-06-09T12:00:00.000-07:00

The Wayward Ward

6/08/06
Yesterday was a bad day. I got a phone call from a lady who was appointed by the probate court judge as my "guardian ad litem" or GAL. She has decided that I will be better off staying under guardianship orders. She plans to put that in her report and recommendation to the judge.
She implemented her investigation by going to all the incompetent healthcare providers, (in the Nursing facilities) and looked at the erroneous material which they put in the patients’ charts to cover their own deficiencies. Any negative changes in the patients health is always construed to be directly the fault of the patient. Naturally if anything positive ever happens, they characterize it to be because of their supposedly outstanding caregiving.
Being in Nursing Homes for three years, gives me the experience to recognize what the difference is between good caregiving and bad. The difference between nurses who do the bare minimum necessary to collect their pay, and the dedicated, top ten percent, stands out prominently. I have never met a diabetes educator nurse or an endocrinologist since I’ve been in nursing homes. When I lived by myself at home, I had frequent appointments with them, and learned a lot. But it still did not cure the disease. The evaluations of diabetes regimens by the unskilled, old fashioned, long term care, nursing techniques, are doing the patients more harm than good. And in my nursing home here at Nichols, the head nurse has turned down my repeated request for an endocrinology consult, saying that I am "non-compliant", with my ineffective regimen. She calls me non-compliant because:
I choose not to take my evening, sliding scale insulin coverage. The very logical reason for this is because when I do take the nighttime coverage, I come very close to "bottoming out".This has hap penned repeatedly. One morning, I was so low that I had to be rushed to the emergency ward with recorded glucose levels of 9; 12; and 35. But do you think that the nursing home staff will change my regimen? Absolutely not. They would sooner sit back, do nothing, and criticly comment how "non-compliant", that I am.
The diet here stinks, reducing the quality of life of the nursing home patients. Once a week if you try to improve your quality of life by having a candy bar, you are documented as being "non-compliant". When you request any consult, this is the reason given for their denial. Am I going nuts or what.? I don’t even see the relationship between compliance and an endo consult.
Speaking about diet, since living in nursing homes I just developed "diverticulosis" which requires fresh fruits and plenty of whole grains to combat it. Other wise the next stage will be intestinal blockage and/or colon cancer. The staff shows no intention of doing anything constructive about changing my diet. The additude seems to be, if we do it for you, we would have to do it for everyone. And that would be too expensive.
Every nursing home should have a diabetes specialist who keeps her skill levels sharp, in the area of the causes of fluctuation in glucose spikes. There are so many factors that influence high blood sugar readings. A diabetic person who for metabolic reasons, cannot maintain the low levels of a non-diabetic, should not be emotionally abused, blamed or criticized, any more than should be a cancer patient. As a nursing home resident, I have been criticized for not losing weight, but I don’t make a habit of eating between meals. Three very small meals a day, and three small snacks are what is considered adequate nursing home fare. However a person with foot ulcers is told to keep off their feet, and so I won’t be doing marathons or trying out for the patriots anytime soon. And "controlling" diabetes under these conditions doesn’t often happen.

TOMORROW’S DISCUSSION:
What is acceptable diabetic control?

GUARDIAN’S RESPONSIBILITIES TO THE ADULT WARD

CHAPTER 67
SB 59 – FINAL VERSION

STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the general powers and duties of guardianship.
Be it Enacted by the Senate and House of Representatives in General Court convened:
67:1 Guardianship of the Person; Annual Report Required. Amend RSA 464-A:25, I to read as follows:
I. A guardian of an incapacitated person has the following powers and duties, except as modified by order of the court:
(a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian shall be entitled to custody of the ward and may establish the ward’s place of abode within or without this state. Admission to a state institution shall be in accordance with the following:
(1) A guardian may admit a ward to a state institution with prior approval of the probate court if, following notice and hearing, the court finds beyond a reasonable doubt that the placement is in the ward’s best interest and is the least restrictive placement available. Authorization for such admission shall not be time limited unless the court so orders. Authority to admit a ward to a state institution with prior approval under this subparagraph shall not be subject to the limitations contained in RSA 464-A:25, I(a)(2) through (4).
(2) A guardian may admit a ward to a state institution without prior approval of the probate court upon written certification by a physician licensed in the state of New Hampshire, or, in the case of placement in New Hampshire hospital, by a psychiatrist licensed in the state of New Hampshire, that the placement is in the ward’s best interest and is the least restrictive placement available. Within 36 hours, excluding Saturdays, Sundays and legal holidays, of such an admission of a ward to a state institution, the guardian shall submit to the probate court notice of the admission and the reasons therefore, together with a copy of the certificate by the physician or psychiatrist. The court shall promptly appoint counsel for the ward and provide copies of the notice and related documents to the ward and the appointed counsel. For purposes of proceedings under this subparagraph, the ward shall have the right to legal counsel in the same manner as provided in RSA 464-A:6. The court shall also provide the ward a notice stating that the ward has the right to appointed counsel, the right to oppose the admission by the guardian, and the right to a hearing and to present evidence at that hearing. A guardian may not admit a ward to a state institution for more than 60 days for any single admission or more than 90 days in any 12-month period upon certification of a physician or psychiatrist without filing a petition requesting approval of the probate court.
(3) Approval by the probate court of an admission to a state institution shall also authorize any readmission which occurs within 60 days of discharge from such institution. For purposes of this subparagraph, security staff at New Hampshire hospital or any other law enforcement official shall be authorized to transport the ward to New Hampshire hospital, upon presentation by the guardian of letters of guardianship over the person together with the certificate of the psychiatrist.
(4) At any time, the ward or counsel for the ward may request a hearing on the admission to a state institution without prior approval of the probate court, at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward’s best interest and is the least restrictive placement available. The hearing shall be held within 15 days, excluding Saturdays, Sundays and legal holidays, from the date that the hearing is requested.
(b) If entitled to custody of the ward, a guardian shall make provision for the care, comfort and maintenance of the ward, and, whenever appropriate, arrange for the ward’s training, education or rehabilitation. The guardian shall take reasonable care of the ward’s clothing and personal effects.
(c) A guardian shall file an annual report with the probate court, unless the court finds that such report is not necessary.
[(c)] (d) A guardian of the person may give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment, or service or may withhold consent for a specific treatment, provided, that the court has previously authorized the guardian to have this authority, which authority shall be reviewed by the court [every 5 years] as part of its review of the guardian’s annual report. No guardian may give consent for psychosurgery, electro-convulsive therapy, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the probate court.
[(d)] (e) If a ward has previously executed a valid living will, under RSA 137-H, a guardian shall be bound by the terms of such document, provided that the court may hold a hearing to interpret any ambiguity in such document. If a ward has previously executed a valid durable power of attorney for health care, RSA 137-J shall apply.
[(e)] (f) Upon a finding that ensuring treatment compliance is in the best interest of a ward, the probate court may authorize a guardian appointed pursuant to RSA 464-A, to request the assistance of any law enforcement official to restrain or transport, or both, the ward to receive appropriate treatment.
[(f)] (g) A guardian may authorize a health care provider to restrain or forcibly administer treatment, or both, to the ward, subject to any limitations imposed by the court.
[(g)] (h) A guardian shall act with respect to the ward in a manner which safeguards to the greatest extent possible the civil rights of the ward, and shall restrict the personal freedom of the ward only to the extent necessary.
67:2 Involuntary Admission; Reference Change. Amend RSA 135-C:45-a, VI to read as follows:
VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in RSA 464-A:25, I[(c)](d).
67:3 Effective Date. This act shall take effect January 1, 2006.
(Approved: May 23, 2005)
(Effective Date: January 1, 2006)

2006-06-06T06:28:00.000-07:00

P.S. If there are any dog lovers out there, here is a picure of my favorite dog, Blackie,(a Schipperke,) a Therapy dog, who was given away by my son and daughter (guardians?), after their assuming guardianship.

The Wayward Ward- previous post continued at this URL:
http://diabeticdick1.blogspot.com

I hope that all of you enjoyed the pictures of my favorite Schipperke Therapy dog, Blackie, who was taken away from me and given to a stranger, at the time of the implementation of my unjust guardianship in 2003. This dog was the breath of life to me. I often wonder how he’s doing. Ships, are often one man dogs, I hope he’s being well cared for. I worry as I miss and think of him often. No dogs allowed in this nursing home. Diabetic Dick – (The Wayward Ward)

Coming next: SENIORS DEFY STEREOTYPES BY BLOGGING.

Senior Citizens like myself are becoming more empowered through the use of blogs. Newspaper accounts of senior activities are frequently written with tongue -in-cheek, semi humorous slant in an attempt to give "balance" to their articles. What this country really needs is more proffessionals like writers, lawyers, doctors, who are brave and willing enough to become advocates for seniors who are in many cases regarded as ineffective, second class citizens. It's unfortunate that newspaper articles about seniors relating to their attempts to gain justice and thwart the inhumanity of guardianship, very frequently, seem to side with the advesarial groups which are anti-senior. By doing this, they provide a tainted view of seniors and their actual capabilities, competance,and capacities.
The followig blog gives credence to the fact that Seniors, by virtue of their knowledge, experience and wisdom, are a force to be reckoned with, and as a group value their freedom and liberty even more than the younger generations.

signed,
diabeticdick - "The Wayward Ward"(dicktun@hotmail.com)

SENIOR BLOGS

November 10, 2005]
Senior Citizen Bloggers Defy Stereotypes
(AP) Senior Citizen Bloggers Defy Stereotypes
By CARLA K. JOHNSONAssociated Press Writer

CHICAGO

Forget shuffleboard, needlepoint and bingo. Web logs, more often the domain of alienated adolescents and home to screeds by middle-aged pundits, are gaining a foothold as a new leisure-time option for senior citizens.There's Dad's Tomato Garden Journal, Dogwalk Musings, and, of course, the Oldest Living Blogger."It's too easy to sit in your own cave and let the world go by, eh?" said Ray Sutton, the 73-year-old Oldest Living Blogger and a retired electrician who lives in Vancouver, British Columbia. "It keeps the old head working a little bit so you're not just sitting there gawking at TV."

Web logs, or blogs, are online journals where people write about anything and everything that interests them. Blogs tend to be topical, and typically offer links to other Web sites, photos and opportunities for readers to comment.Bloggers say their hobby keeps them up on current events, lets them befriend strangers around the globe and gives them a voice in a society often deaf to the wisdom of the elderly."It brings out the best in me," said Boston-area blogger Millie Garfield, 80, who writes My Mom's Blog with occasional help from her son, Steve Garfield, a digital video producer. "My life would be dull without it."And it's brought her a bit of fame.In June, Garfield was invited to speak at a Boston seminar for marketers on how to use the Web more effectively. A short video of the event, posted on her blog, captures the professionals laughing at her wisecrack about the benefits of a man who can still drive at night.Sutton, the Oldest Living Blogger, has also enjoyed some limelight. He was asked to take part in a talk radio debate on a controversial high-voltage power line after he posted his views about it on his blog.Three percent of online U.S. seniors have created a blog and 17 percent have read someone else's blog, according to the Pew Internet & American Life Project. Compare that to online 18- to 29-year-olds: Thirteen percent have created blogs and 32 percent have read someone else's blog, according to Pew.Joe Jenett, a Detroit-area Web designer who has been tracking the age of bloggers for a personal project called the Ageless Project, said he has noticed more older bloggers in the past two years."Isn't that phenomenal? And their writing is vibrant," Jenett said.
He noted that sites such as Blogger.com give step-by-step instructions and free hosting, making it simpler to self-publish on the Web."It's easy to start one if you can connect dots," said former Jesuit priest and retired newspaperman Jim Bowman, 73, of Oak Park, Ill.Bowman writes four regular blogs: one on happenings in his city, one a catchall for his opinions, one on religion and one offering feedback on Chicago newspapers.
Bowman once had eight separate blogs, but has let some lapse. The blog topics he doesn't keep up with anymore include ideas for sermons, Chicago history and condominium life."Like any other hobby, you've got to make sure it doesn't take over," he said.

Mari Meehan, 64, of Coeur d'Alene, Idaho, has been blogging since July. It's given her a voice in her small resort town where, as a relative newcomer, she felt rebuffed in her efforts to get involved.Inspired by other local bloggers she'd found on The Spokesman-Review (Spokane, Wash.) newspaper's Web site, Meehan discovered it was easy to get started."If you can read, you can do it," she said. She titled her blog Dogwalk Musings and based it on the premise that she would write about her thoughts during morning walks with her St. Bernard, Bacchus.
Her posts range from nature sightings of a kildeer's nest with four eggs to rants about local and national politics.When readers started mentioning Dogwalk Musings as one of their favorites on a newspaper columnist's blog, Meehan said she felt compelled to post every day.
But now she's backing off. "Lots of times, I'll walk away from it for three or four days," Meehan said. "I'm not going to let it take over."

Response from blog readers does keep many older bloggers returning to their keyboards day after day. If they skip a day, readers will e-mail the older bloggers, asking if they're sick.

In the two years since 92-year-old retired Tennessee poultry and egg farmer Ray White started Dad's Tomato Garden Journal, the blog has been viewed more than 45,000 times.

White's daughter, Mary, said the blog keeps her father interested in life. White now has friends he's never met in England, Portugal, Germany, Canada and all 50 states, he said."You'd be surprised how many questions I get during the tomato season," he said. "There's always somebody having a problem."

___On the Net:

The Ageless Project: http://jenett.org/ageless/

Blogger: http://www.blogger.com/

Oldest Living Blogger: http://www.urbanvancouver.com/blog/ray

Chicago Newspapers: The Blog: http://www.chicagonewspapers.blogspot.com/

My Mom's Blog: http://mymomsblog.blogspot.com/

Dogwalk Musings: http://dogwalkmusings.blogspot.com/

Dad's Tomato Garden Journal: http://journals.aol.com/white6416r/DadsTomatoGardenJournal/

2006-06-04T08:13:00.000-07:00

DiabeticDick: DiabeticDick-Unfair Guardianship

dicktun.thewaywardward@blogger.com

post adult guardianship material to this e-mail address for publication in blogger.com (the wayward ward)

Guardianship Abuse Information Blog : http://guardianshipabuse.blogspot.com/

2006-06-03T20:14:00.000-07:00

The saga of the deprivation of an innocent man's liberty.
by Richard Tuniewicz
"Enslave the liberty of but one human being and the liberties of the world are put in peril."
William Lloyd Garrison

INCOMPETENCE?

Unjustified adult guardianship, while not a common practice, is about as frequent as the execution of convicts who are too late found to be innocent. The fact that such things can happen in this land of the free , is evidence that our judicial system needs more oversight to protect the poor, and innocent. A group which has major vulnerability is the poor and rational elderly.

A long time resident of Nashua, NH, Richard Tunewicz, age 68, and a diabetic, is in this vulnerable category. In the early summer of 2003, Richard called his doctor to make an appointment to get an infected heel ulcer treated. The doctor quickly admitted the patient to the Parkland Medical Center in Derry, NH, where she practised as a vascular and general surgeon.

Within a day or two of his admittance, Richard was telling his caregivers and his son, Mark, of unusual dreams and possible hallucinations which he was experiencing. A nurse later told him that these experiences were a result of incompatibility between an antibiotic and other unspecified medications. A nurse was stationed in Richard's room for a two week period until the strange phenomina subsided.

During this two week period, Richard's son, decided that his senior citizen father would not be able to care for himself if he returned to his previous lifestyle. The son proceeded to apply for permanent guardianship orders, despite his father's disbelief and disapproval. Being naive, and ignorant of how little actual proof was needed to deprive him of his liberties, Richard never believed that his guardianship could become a reality. "I've always been a take charge guy", he explained.

For reasons which are still unclear, Mark Tuniewicz, petitioned the court for an expedited guardianship hearing, and stated that his father was incompetant, incapacitated and indigent. The hapless patient was prevented from attending the hearing even though he had mobility enough to use the bathroom and operate a wheel chair. The court appointed a lawyer, who met with Richard for one 10-15 minute visit. Needless to say, the efforts of counsel were ineffective without Richard being present to refute, retort and question all the lies and exaggerations.

The permanent guardianship orders, were approved by a gullible but well meaning judge whose mother was also a diabetic. Because his father had multiple medical issues, Mark argued that even a healthy person could not adaquetly take care of so many illnesses. He used himself as the example "I don't think that I could handle so many problems" he stated. But Mark grew up protected, without responsibility for the care and welfare of others or himself. He had long ago decided he didn't even want the responsibility of siring children. Now he decided in one legal swoop that he was man enough and could take responsibility for his father's life.

Before the effective date of the guardianship orders, Mark Tuniewicz had unilaterally cancelled the lease on Richard's subsidised Nashua Housing Authority apartment. He gave away his father's small beloved therapy dog, junked Richard's operating Ford window van, and brought most of his father's clothing, furniture, and other possessions, to the city dump. He sold many other valuable items for a fraction of what they were worth. Gone and unaccounted for were many expensive machinist's tools, several gold rings, several watches, an expensive collection of professional 35 mm cameras, with unique and irreplacible lenses. Three computers and much software and irreplacible data was gone and lost to Mr. Tuniewicz and the world. A 32 inch television with high end VCR, as well as a Bose radio/CD player were among the purloined items.

Mark repeatedly states that he is only interested in his father's welfare, and that he loves his dad. He says that he is his father's advocate and that he look's forward to Richard's eventual independant living.
Richard asks, why did his son hire an expensive probate lawyer to prevent his ward's attempt to terminate the guardianship? Why did his son dispose of his dad's apartment and a life's worth of cherished possessions? Why did he take the actions which would effectively prevent Richard's return to independant living and the pursuit of happiness? Mr. Tuniewicz is angry that his intelligent, financially secure, son and daughter, constantly discount the desires and needs of their father, and still claim to love him. "My kids express and feel no guilt for subjecting their father to the stress and dangers of life in an institution." Richard states, "their actions speak louder than their words"

"The average ward in this country, under guardianship orders, has fewer rights than a felon"
Guardianship Gulag.

INCAPACITY?

The lifestyle to which Mark Tuniewicz was afraid his father would return, was a modest one, to say the least. But it was definetly a safe one. Richard had never had a heart attack, a stroke, or even a serious fall. The proud senior was content with his lot, for he owned most of the things which he had always wanted, had plenty of spare time for his dogs and hobbies, and a small amount left over each month from his social security retirement check. He had a life time of accomplishment to look back on, and took great pride in his technical versitility.

(to be continued)