Sunday, December 3, 2017

Judge Martin Colin MUST be held Accountable: Guardian Diana Lewis former Judge Diana Lewis of Palm Beach County Florida Ignores Cease and Desist, Claims she does not know the laws in Florida that Govern Guardianship and I Allege has enabled PR Brian O'Connell and Ted Bernstein's attorney Alan Rose to violate the rights of those involved in the Estate of Simon Bernstein and the Estate of Shirley Bernstein in Judge Rosemarie Scher's Court in South Florida.

Florida Guardian Diana Lewis does not seem to know Florida Guardianship LAW though she was a probate Judge and has superior knowledge of the law and extensive experience in these matters.

Guardian Diana Lewis took Guardianship of Adults with no proper GAL hearing as Florida Law regulates, as I see it. Research all the documents and the law and decide for yourself if former Judge Diana Lewis, now Predatory Guardian Diana Lewis followed Florida Guardianship LAW.

Diana Lewis does not think she has to notify the court when a ward turns 18 nor submit any reports.

Diana Lewis, long time family friend of PR Brian O'Connell, was called by an attorney and I allege brought into the Estate of Simon Bernstein Case in order to ensure that PR Brian O'Connell and Attorney Alan Rose got their way and their fees.


Despite a Cease and Desist Letter and in what seems to be a total disregard of law and in full knowledge of Florida Statutes, Civil and Constitutional Rights Diana Lewis made life changing decisions for those she took guardianship over, competent, able bodied adults.

As far as I know she never spoke with the men whose lives she has changed and who she took CONTROL of financial decisions for.

I Allege, that Guardian Diana Lewis was called by attorneys as she admits, and then started a business and became a guardian SPECIFICALLY for this case. There was no random selection or guardianship wheel and she was not even a Guardian for others at that time.

Diana Lewis's Guardianship business did not exist before this. Diana Lewis, I allege, was only in this case to SILENCE her PREY, her wards and make sure they had no rights or voice to stand up to the actions of attorney Alan Rose for Ted Bernstein of Boca Raton and PR Brian O'Connell, along with Ashley Crispin, both of Crispin, Ciklin Lubitz & O'Connell.

Guardian Diana Lewis is a former Judge and SHOULD have high ethically standards and superior knowledge of the law in this and related matters. However, she has blatantly violated the rights of those whose lives she took control over and with seemingly total disregard for the law. Almost as if she believes that she is not accountable, has no fiduciary duty and has been assured by Brian O'Connell and Alan Rose (as I myself heard Alan say) that she will get paid, and seemingly she is above the law and will have no consequences.

However, I am here to say that is NOT TRUE.

All will be held accountable, and these young, able bodied, of sound mind men whose lives she recklessly violated will see accountability at some point, as the TRUTH is NOT going away on my WATCH. No Way No How.

Check Out More on Guardian Diana Lewis's blatant disregard for Florida Law and for the Civil and Constitutional Rights of her wards (victims). And Read the Cease and Desist Letter she got, yet still claims she don't know the LAW governing her actions of Guardianship.


Guardian Diana Lewis former Judge Diana Lewis of Palm Beach County Florida blog by Investigative Blogger Crystal Cox, Click Below to Read More.
http://GuardianDianaLewis.blogspot.com/

Tuesday, October 24, 2017

For Immediate Release: AAAPG’s Protest Against Abusive Guardianship of the Elderly

"Americans Against Abusive Probate Guardianship (AAAPG) will hold a rally on November 16th, 2017 during the National Conference of Probate Judges convention to protest the scourge of Elder Abuse in probate court guardianships around the country.


“Gone unchecked, a court appointed guardian of an elderly person can become abusive and exploitive very quickly,” said Dr. Sam Sugar, founder of AAAPG in Fort Lauderdale, Florida.


Dr. Sugar, Founder of AAAPG, will lead the protest which will call attention to the plight of the elderly and their families and of the financial and physical danger that can await them in probate court.


“When an application for guardianship is filed in any probate court in the U.S., you are putting a loved one at risk of their life and flagging the government that their estate and your inheritance are up for grabs,” Dr. Sugar said. He added, “The majority of honest Probate Judges should be reminded and outraged that a small minority of Probate Judges in hotspots around the Country are perverting the laws designed to protect the vulnerable among us into a racket to defraud, abuse and exploit seniors and their families and take their estates”.


Abusive Guardianships have been prominent in the news recently, to wit:

The New Yorker-How the Elderly Lose Their Rights October 2, 2017 NPR, "On Point" - State Sanctioned Guardians October 5, 2017 NPR, "On Point"

Why Guardianship Abuse Occurs October 5, 2017 The Root-Is the Adult Guardianship and Probate Court System Exploiting the Vulnerable? October 10, 2017 Reuters, U.S. News

Spotlight, a Look at Guardianships October 20, 2017 Glenn Beck-"Someone Kidnapped my Parents", Nevada was Sheltering Elder Abuse October 23, 2017 Gary Toms, Syndicated Radio-Fraudulent Guardianships and Probate Courts October 23, 2017 www.aaapg.net



Media are invited to cover this event.

AAAPG Protest Against Abusive Probate Guardianships
November 16, 2017 1-3 PM
Ponte Vedra Inn and Cub
200 Ponte Vedra Blvd, Ponte Vedra Beach, FL 32082


See this link for our press kit https://onedrive.live.com/edit.aspx?cid=5da8c19320796548&page=view&resid=5DA8C19320796548!4155&parId=5DA8C19320796548!158&app=Word&wacqt=mru



Thank you"

Source and Printable Press Release
https://drive.google.com/file/d/0Bzn2NurXrSkicXVSb3VWNzZ5NWs/view?usp=sharing

Sunday, October 22, 2017

"Post’s guardianship coverage wins honor from Florida Bar". Palm Beach County Florida Predatory Guardianship Issues

"The Palm Beach Post’s 2016 series “Guardianships: A Broken Trust” took second place this month in the print division of the Florida Bar’s 62nd Annual Media Awards.

The stories, written and reported by Post staff writer John Pacenti, with research by Melanie Mena and editing by Holly Baltz, exposed the conflicts facing now-retired Palm Beach County Circuit Judge Martin Colin after his wife, Elizabeth Savitt, became a guardian.


The stories showed Colin’s wife took tens of thousands of dollars in fees from her senior ward’saccounts prior to approval by the court, which Savitt’s attorney, and only her attorney, claimed was allowed by statute. In one case, a judge ordered Savitt and her attorney to return nearly

$30,000.

After publication in January 2016, the circuit’s chief judge, Jeffrey Col-bath, transferred Colin out of the probate division. He also transferred all of Savitt’s cases to a distant courthouse to eliminate the potential for conflict with friendly judges.

In October, Colbath handed down sweeping guardianship reforms, addressing specifically complaints against Savitt. He instituted a random appointment basis for professional guardians and an arduous registration system.

The stories received startling response from readers, leading to a number of families reaching out to the newspaper about abusive guardianships.

Thejudging panelconsisted of two out-of-state journalists, two Florida lawyers with substantial experience in journalism and/or media law and one Florida educator of journalism or law.

First place went to the Sarasota Herald-Tribune’s “Bias on the Bench” series, which found judges throughout Florida sentence black defendants to harsher punishments than whites charged with the same crimes under similar circumstances.

The Post’s stories tied for second place with the Sun-Sentinel’s “Forsaken: Florida’s Broken Mental Health System.” The awards were given out Monday in a Tallahassee ceremony that included a receptionwith Florida Supreme Court justices."

Source
http://digital.olivesoftware.com/Olive/ODN/PalmBeachPost/shared/ShowArticle.aspx?doc=PBC/2017/10/22&entity=Ar02406&sk=F265131D

Also Check Out

Chief judge shakes up guardianship system after Post series
http://www.mypalmbeachpost.com/news/local/chief-judge-shakes-guardianship-system-after-post-series/b932W0uS3XDc80wGRFFesL/

Palm Beach Post, Guardianship a Broken Trust
http://www.mypalmbeachpost.com/guardianships-colin-savitt/

http://www.mypalmbeachpost.com/news/400-000-allegedly-missing-case-professional-guardian-savitt/L5Ukofe5X5n1hm27RfatSL/

http://www.mypalmbeachpost.com/news/jury-hits-lawyers-with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

Saturday, October 7, 2017

Guardianship Town Hall Meeting in West Palm Beach Florida on September 26 2017

Eliot Bernstein at 56 minutes advising victims of Court Corruption to file criminal complaints against Judges and Attorneys involved in Court Orchestrated Predatory Guardianship.

AAAPG PBC Town Hall September 26, 2017 moderated by Dr. Sam Sugar


Friday, September 29, 2017

Julian Bivins through his attorney J. Ronald Denman of The Bleakley Bavol Law Firm Tampa, Florida Files for a New Trial, it seems to pursue further justice in the Oliver Bivins Guardianship case. This New Trial fling is specifically in regard to Defendant Keith Stein.

Motion for New Trial as to STEIN Defendants

“Plaintiff, JULIAN BIVINS as Personal Representative of the ancillary Estate of Oliver
Wilson Bivins (“the Estate”), by and through undersigned counsel, and pursuant to Federal Rule
of Civil Procedure 59, hereby files its Motion for New Trial as to only Keith Stein, Beys Liston Mobargha & Berland, LLP f/k/a Beys Stein Mobargha & Berland, LLP, and Law Office of Keith B. Stein, PLLC n/k/a Stein Law, PLLC (collectively, the “Stein Defendants”) and in support thereof provides the following Memorandum of Law.”

Source of above quote and Full Motion for New Trial as to STEIN Defendants. READ IT ALL

Memorandum of Law and TONS of Good Information for you to KNOW


A Look at the Complaint and  Allegations of  Breach of Fiduciary Duty, Professional Negligence regarding the professional services of Keith Stein.

“The Law Offices of Keith B. Stein, PLLC n/k/a Stein Law, PLLC (hereinafter,
"Stein Law Firm") is a professional limited liability company doing business in Palm Beach
County, Florida with its principal place of business in New York. Keith B. Stein is the sole
member of the Stein Law Firm.”

“Stein, Beys, and Stein Law Firm committed tortious acts in Palm Beach County, Florida which resulted in the causes of actions under this complaint causing injury to the Estate of the Deceased Ward in Palm Beach County, Florida. Stein, Beys, and the Stein Law Firm expected or should reasonably have expected to have consequences in Palm Beach County, Florida because they each derived substantial revenue from the legal services they provided Rogers and Kelly from New York to Florida.”

“In or about October 2012, Rogers also engaged Keith Stein of Beys to partition the
808 Lexington property (“New York litigation”).

Prior to initiating the partition action of 808 Lexington, Stein, who was not a
litigator, had only prepared, at best, one prior partition action in the course of his more than two
decades of practice.”


“143.  Stein represented both Rogers and Kelly in their capacity guardians for Oliver Sr.
with the full knowledge and understanding that Oliver Sr. was the intended beneficiary of his legal services.

144.   During the guardianship, Stein undertook to provide legal services to the guardianship. At all times Stein held himself out as competent in the areas of law for which he was retained to provide representation.

145.   Stein was required to exercise the same legal skill as a reasonably competent
attorney and to use reasonable care in determining and implementing a strategy to be followed to achieve the guardianship’s goals.

146.    In the course of handling legal matters for the guardianship, Stein negligently failed
to act with the degree of competence generally possessed by attorneys in the State of Florida who handle similar matters. The guardianship paid Stein a substantial amount of money for the sole purpose of representing the guardianship.

147. Stein was negligent and/or committed malpractice in the following ways:

(a) By failing to perform proper due diligence of the value of 808 Lexington and 67th Street,
Ocean Boulevard or the London Property to properly evaluate the fairness of the New York
Settlement;

(b) By failing to advise the guardianship regarding the clear discrepancy in the values of
the properties involving in the New York Settlement;

(c) By advising the client to enter into the New York settlement against the best interest of
the guardianship;

(d) By failing to advise the guardianship to take action against Oliver Jr. to collect rents
and taxes owed by the Estate of Lorna or Oliver Jr.;

(e)  By failing to advise the guardianship to ensure that rental income from 808 Lexington
was used to pay down the Beachton mortgage;

(f)  By failing to arrange for commercially reasonable substitute financing for the Beachton
mortgage, as opposed to preventing such an alternative unless it also included financing to
cover attorney’s fees for himself, his firm, and the guardians and their other counsel;

(g)  By failing to pursue action against Beachton to have its mortgage deemed satisfied or
Released;

(h) By failing to advise the guardianship regarding the usurious interest charged by
Beachton;

(i) By charging and taking from the guardianship excessive attorney’s fees;

(j) By taking large sums of money under the guise of retainers without accounting or
documentation therefore; and

(k) By failing to account to the Court or to Julian regarding the failure to comply with the
terms of the Global Settlement Agreement as the closing agent.

148. As a direct and proximate result of Stein’s negligence and/or malpractice, the Ward
sustained damages. “

“O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm (“Counsel for
Rogers”) represented Rogers, in his capacity as guardian for Oliver Sr., in connection with the
New York Settlement and thereafter.”

“O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm represented Kelly
(“Counsel for Kelly”), in his capacity as successor guardian for Oliver Sr.”

“Beys Liston Mobargha & Berland, LLP f/k/a Beys Stein Mobargha & Berland, LLP
and The Law Offices of Keith B. Stein, PLLC n/k/a Stein Law, PLLC are vicariously liable for the
negligence of their attorneys including Stein.”

“WHEREFORE, the Plaintiff, JULIAN BIVINS, as Personal Representative of the ancillary
Estate of Oliver Wilson Bivins, deceased, requests the Court award damages against Defendants Rogers, O’Connell, Crispin, Ciklin, Stein, Beys, and the Stein Law Firm and such other relief as the Court deems just and proper, including an award of attorneys’ fees and costs against Defendants.”


Source, Amended Complaint, Read the Full Complaint to get an idea of STEINS role.


READ ALL OF THESE DOCUMENTS FOLKS. It will help you to get a deeper understanding of the Issues that so many Face in the Florida Guardianship Courts.

Entry 419, Motion for a New Trial, Memorandum of Law
STEIN Defendants Motion in Opposition of New Trial



More on the Landmark Guardian Case JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS
https://julianbivinsfloridaguardianshipcase.blogspot.com/

AND

Ongoing Document with Court Filings and information regarding this case.
https://docs.google.com/document/d/10s5ECcJoYh0XJkKoI92LD35vpk0mXamwA4_cE9mzWqI/edit

Thursday, September 28, 2017

"The jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin, for actions taken in connection with the guardianship, presided over in the guardianship court by Judge Martin Colin,"

"On Friday, July 28, 2017, a unanimous jury in the U. S. District Court, West Palm Beach Courthouse, awarded $16,400,000 to the Estate of Oliver Wilson Bivins, Sr., and against West Palm Beach guardianship attorneys, Brian O’Connell and Brian O’Connell of the Ciklin Lubitz & O’Connell law firm. The hotly contested two-week jury trial was handled by BBLF partners Ron Denman, Chuck Bavol and Grant Kindrick.

The jury found that attorneys Brian O’Connell and Ashley Crispin had breached both their professional and fiduciary duties to Oliver Wilson Bivins, Sr., an incapacitated ward of the State of Florida. 

The complaint against Brian O’Connell and Ashley Crispin and their law firm, Ciklin Lubitz & O’Connell, alleged that they engaged in actions that increased their own attorneys’ fees to the detriment of Mr. Bivins’ guardianship estate.

In the federal lawsuit filed by his son, Julian Bivins, in his capacity as personal representative of the Estate of Oliver Bivins, Sr., lawyers for the Estate argued during the trial that guardianship attorneys Brian O’Connell and Ashley Crispin, litigated to keep Mr. Bivins located in Florida and to prevent him from returning to his decades old home in Amarillo, Texas, in order to maintain control over the Florida guardianship so they could generate legal fees.

Attorneys for the Estate argued that throughout the four-year guardianship, Brian O’Connell, Ashley Crispin and the Ciklin Lubitz & O’Connell law firm charged Mr. Bivins’ guardianship estate over $1,000,000 in legal fees while liquidating real estate assets at values detrimental to the estate and entered into self-serving agreements with third parties that failed to serve the best interests of the guardianship estate.

During the guardianship, the court record reflects that Mr. O’Connell and Ms. Crispin also filed lawsuits against both of Oliver Wilson Bivins Sr.’s children and funded the litigation through the substantial assets of their incapacitated father.

The jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin, for actions taken in connection with the guardianship, presided over in the guardianship court by Judge Martin Colin, marks yet another entry into the intrigue surrounding professional guardians in the Palm Beach County Guardianship and Probate Courts.

Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored.

After the verdict, the Estate’s lead counsel, Ron Denman, commented “through the jury verdict, it appears the people of south Florida demand accountability from the lawyers (and guardians) appointed by the legal system to represent the interests, and protect the assets, of its incapacitated citizens.”"

Source
http://aaapg.net/florida-jury-awards-16-4-million-against-guardianship-attorneys/