Carlena Yaw commented on Share Your Story 2019-02-23 12:31:05 -0800Number one, if you are deemed incompetent, you are still allowed to choose who and where to live…the courts must by law allow their choice to be honored. This is overlooked with judges.
Second, if you are denied due process to choose legal representation (they cannot go into nursing homes and offer services) then all of the judges determinations are VOID…not voidable just having no judicial authority at all.
Most law enforcement will ignore this and just the first page of the court “record” will prove no attorney on record…
A judge that denies due process is not authorized to make any further decisions.
Acting as a layman and can be sued…has no judicial immunity in any jurisdiction.
If a person is incapacitated, this means they need help dressing and toilet duties.
This does not mean they do not have a mind to decide where and who to live with.
Strokes happen in the brain but that doesn’t create the inability to think or to determine them incompetent…
We must all realize, if a person is not allowed calls, or visits, then they are being violated their Bill of Rights as a resident in a nursing home or they are being abused if they are in a private residence. These people need a voice and not in the courts direction. The courts are the problem and this needs immediate and widespread change.
My prayer and hope is to take probate or family issues away from the one judge one lawyer decision. This must not be for one person to decide and needs to be removed from the courts opinions. I am sure there are honest judges, and attorneys, but most are not and they are greedy and paid by some political agenda.
Understand there is not one organization or group or agency or lawyer will go against the corrupt illegal court decision. Lawyers will lose all cases in front of the judge forever more.
It is my opinion we need in every state a jury of people to do the investigation upon a request of someone to be moved from their current situations. Then a report can be submitted to a judge from various jury of people doing an investigation.
If they are in a nursing home, or private residence, they need to be immediately rescued and released to where they want to live and who they want to live with…ASK THEM if they want to return to their spouse or children or who they want for their care. Find out their advance directives being ignored who they listed.
People on the “Alliance Team” need to be granted authority and law enforcement needs to assist to rescue these individuals and keep the peace in removing the loved ones from their abuse of isolation, improper medications, no therapy to improve their lives, and causing detrimental deterioration of a once healthy individual.
Elderly do not have time on their side and this is an immediate request to rescue them.
Ex Parte all the requests, and get them back to the people that love them and they wanted to care for them.
My man is currently being held against his will, never wanted to removed and isolated and not given any therapy in 2.5 years! Stealing his ability to recover if not freed soon.
It is my opinion if a judge orders such cruel and unusual punishment because a person is incapacitated from a stroke like mine and has speech issues so nobody will take the time to listen, then that judge needs to be removed from ever practicing law ever again in any capacity. It should be viewed by their superiors, the judge is incompetent to make a healthy decision and this is a disability to remove their powers and duties.
Denying a person their choice and constitutional rights is the basic foundation of law. If a judge didn’t adhere to these principles, they are void in the name of the law and the persons rights should be immediately restored along with their voting rights. No person should lose their freedom from corruption in the courts process.
NO VETERAN SHOULD HAVE TO FIGHT FOR FREEDOM WHEN THEY FOUGHT FOR OUR FREEDOM ALREADY. NO PERSON SHOULD BE DENIED THEIR RIGHTS AND CHOICES IN AMERICA. THIS IS THE VERY DOCTRINE WE LIVE BY, FREEDOM! WHAT GIVES THE COURTS THE RIGHT TO STEAL THIS FROM ANY PERSON THEY SO CHOSE…? MAY IT BE GREED, PREJUDICE, BIAS, OR ANY OTHER UNJUST REASON, THIS IS NOT LEGAL AND SHOULD PUNISH EVERY JUDGE THAT DECIDES TO IGNORE THEIR OATH. EGO GETS IN THE WAY AND UNFORTUNATELY THE ELDERLY ARE SUFFERING.
My man is Clarence A. Leith, aka Cal his initials….
The case started with
Petition for Evaluation of Competency
(by his 2 sons Kelly J and Kelly P
(who Cal has since disowned in the court hearing)
(he was determined competent by state licensed social services)
Ex Parte (emergency need) for Guardianship and Conservator
The guardians requested closure of the case, it was not necessary, he is being cared for by me and there are no concerns and he is competent to make his own decisions and to honor his advance directives.
Clear cut but the judge denied this? Why? Unsure still to this day!
To date there has never been any other order than this original invalid one… ??
In my case the emergency guardians assigned, evaluated Cal, the hospital he was rushed to evaluated him and they released him back under my care the next day!
The guardians determined him competent and requested the court allow us to return to AZ and close the case.
We returned to AZ and had a hearing by phone, where the judge asked what my intentions were? (the judge was pissed off we returned to AZ)
I explained all the care from professionals coming to the home and we were doing therapy speech and physical (we had an awesome speech therapist) and gave the court all the specialist names. I stated improving his abilities and loving care to live independently has always been my concern. I love him and nobody seems to understand this being our age difference…but people do not understand our deep connection and genuine love and care for each other…!
In the hearing the judge covered the microphone to have ex parte communications with the other side planning their next move. Additionally, the judge admitted in the hearing that she didn’t have the required documents to meet the order she has in place and asked social services to see if she could find any provider that could get to that determination or if one is already made, but didn’t believe what she had was the necessary documentation to meet the requirements….
Later realizing what she was asking for…She determined a man incompetent without any doctor verifying this for her determination.
All this information was used against us, and 2 days later was issued a temp restraining order. This got him strapped down and kidnapped against his will, paramedics were called after the cop asked if I wanted to be arrested for still being there and served an hour ago…I told him I cannot leave him alone….so the cop called paramedics and they went in and came back out…they stated he does not want us in there…so they were at a loss what to do…I had a friend there who volunteered to stay with Cal, the cop refused, Cal was supposed to remain in the home, but the cop refused and the paramedics called the doctor in charge of them….and the doctor informed the paramedics to take him out of the home….therefore it took 5 guys to go in and force him to be strapped down and carried off…OMG! The worst day of my life Oct 13, 2016 Cal begged me to not let anyone take him from me and they would arrest me if I interfered, I cry every day for this failure on my part to protect him from this evil unjust action.
I have Cal’s wishes recorded just prior to the cop arriving to kidnap him!
I have proof of everything I state and documentation to verify what I say from the social services and from APS…
Mind you just one week prior, APS adult protective services after 18 months of investigating with 2 separate case workers, one Native American Lady and One Black Man decided in the 4 serious charges I was facing, there were NO CONCERNS and CLOSED THE CASE. yet this judge without jurisdiction and without any valid reason issued a VAWA restraining order…then collected 3.2 million Sept 2018 for VAWA.
My hearing came up with the MN judge and mind you she had no jurisdiction of any authority to do what she did…I asked her why I cannot see him? They moved him to a private residence with 11 state violations, I had none! Nobody in AZ was allowed to visit him as they may know me and this wasn’t allowed.
They had to be put on a list and the list would be then decided by the judge who would be allowed…but nobody was approved that did adhere to such ridiculous terms! I asked the judge how can anything be meaningful if where he is moved to doesn’t know him and Cal is not verbal, allow me to assist in his care if this was required for Cal for whatever reason….
Her reply was, He will want to come home with you, and I cannot have that!
Mind you this is not a valid legal reason to separate under a protection order. The judge threatened me if I look for him she will move him and then carried out her threat. No order of protection was in place according to the Mesa PD but she moved him anyway…The judge is not to fill out any order they are to just sign it….when the person is fearing for their life…Cal didn’t fear for his life until they kidnapped him out of our safe secure home…
I was going crazy and I did find him so I applied for guardianship in AZ as soon as their expired! Because they slandered me so bad the AZ court wouldn’t even look at all the evidence I have supporting my case against them.
All untruths by the court by the people in charge of his care and by the attorney assigned to investigate…she was not on his side protecting his rights…she worked for the courts, and recommended I not be allowed to be near him.
By the time court hearings in AZ were held, by the judge denying my petition for not knowing exactly his location or because I put Jr. on one form and not the other, the judge didn’t know if it was the same person, denied my petition for various petty reasons then claimed me to be frivolously filing so many times and denied my ability to file again. I was under such duress I couldn’t believe they would refuse to hear my proof and the case….but they already moved him against his will back to MN.
In the hearing he told his sons he didn’t want to return to MN!
Cal has been isolated in a 1 star nursing facility ever since not cared for and Medicare confirmed drugs do not match diagnosis and refused the claim, they have given him medication previously refused or confirmed allergic to and ignore anything and everything pertaining to his health. Cal is a 4-5 star kind of man…when it comes to taking care of himself and me and anyone he cares about…Cal is a generous man helps people whenever he can. He will give his last buck to someone if it would benefit them. He would save his change and roll the quarters and hand out to any veteran he saw on the street…! If they asked him for a cig…he would give them a roll of quarters…or what he had in his carton plus a roll of quarters…whatever he had…
Cal is in Golden Living Rehab not receiving any rehab since Dec 2016…He is not on reservation land, he is not under county authority, he is in a state facility but privately owned, and there is nothing filed at the home to keep him there.
I do not have any order of protection and yet I am still not allowed any communication or visits of any sort.
The court ignores all my filings and just acts like this is ok…
Ex Parte guardianships expire after 60 days in MN and according to the National Guardianship Act 90 days….Not renewable as this would be seen as controlling their lives. The judge offered to a criminal son, this is against the statues, and ignored the fact I was there to care for him.
22 years together and I am not allowed to be considered a person/caregiver in his life.
In the first place they were able to erase his memory with Ativan in 7 months.
I got it back by visiting him and taking him home.
But was arrested in Nebraska.
The law would not charge me with kidnapping as Cal knew who I was,
where he was going, and wanted to continue on the trip!
The hospital exam found Cal was dehydrated from them not giving him enough nourishment…in fact he cried to me stating he has no meat on his bones all night long….In AZ never was he dehydrated, and he had meat on his bones. What does that tell you? But they arrested me and spent 40 days in jail and they sent him back against his will again.
They dropped the felony charge and I requested the misdemeanor charge to go to jury trial, they refused and put a warrant out on me instead…this warrant prevented me from visiting my granny in MN on her 102nd birthday and funeral Sept 2018…I tried to negotiate and self surrender, but because I will be viewed as a flight risk, spending another 60 days is possible until a hearing will be allowed if the judge has a busy schedule…that would be 100 days on a misdemeanor!
The charge is abuse and neglect for not taking his meds with me (the ones he is allergic to) I had his normal meds with me. The meds that works for him, they didn’t know this…and refuse to drop their case with no proof or give me a jury trial…
The additional charge is for not taking his nutritional drink with me.
What do they know about nutrition when he cried for not having any meat on his bones and was dehydrated.
I can prove countless doctor reports under my care he was a well nourished man with cognitive functions and an intelligent man. His cardiologist stated he is a very lucky man to have me by his side…
but the one judge will not allow him to be with me….WHY?
HOW DO I GET HIM BACK UNDER MY CARE? THE MN DA WILL PROSECUTE BUT THEY DO NOT INVESTIGATE, SO WENT TO THE FBI TO INVESTIGATE, THEY REFUSE BECAUSE OF THE WARRANT.
NO ATTORNEY WILL TAKE THE CASE AND THEY CANNOT ASK HIM IF THERE IS NO COMMUNICATION ALLOWED.
I HAVE REPORTED TO APS 2 TIMES NOTHING HAPPENS,
I HAVE WENT TO OMBUDSMAN LOCAL REGIONAL
I SUBMITTED TO THE VETERANS ADMIN IN MINNEAPOLIS,
HE IS NOT IN A FEDERAL VETERANS FACILITY TO BE TRANSFERRED BACK
SO NOW WHAT…?
A VETERAN DENIED HIS DUE PROCESS, HAS NO HELP TO PROTECT HIS CHOICES AND RIGHTS AS A MAN WHO FOUGHT FOR OUR FREEDOM.
SUFFERS FOR NO REASON!
THE ONLY REASON GIVEN IS HE WILL WANT TO COME HOME AND I VIOLATED HER VOID ORDER TO REMAIN IN MN WITH HIM….
A JUDGE IS MORE CONCERNED WITH COMPLIANCE OF A VOID ORDER THAN THE HEALTH, AND CHOICES MADE BY A MAN OF HIS OWN FREE WILL?
THIS IS SO WRONG…
WHERE IS THE JUSTICE IN THIS?
I LOVE HIM WITH ALL MY HEART AND SOUL AND MISS HIM TERRIBLY!
Now their side will be….
I directly ignored a judicial determination and caused him detrimental harm by traveling with him in his condition…
She will say I checked him out of hospitals AMA…against medical advice
This was always at Cal’s request…social services asked him this in their determination of his being controlled by me or if he had decided on his own to check out…he confirmed it was always him and his choice….he has many sensitivities to medications, and the hospital personnel would not believe me and gave him meds on the list not to give him…one time instead of being released he was put in ICU on a nitro drip because of this…many times I would put him in the hospital for uncontrollable blood pressure and they would make him worse…and he would want to come home and I cannot blame him for self discharging…I have pictures to prove this too…I document everything…so yes I took him home and nurse him back to health….we finally found the meds that work for him and they now are refusing to give him this med…causing him detrimental harm and life threatening issues…
He has high blood pressure and had a stroke…right side paralyzed and speech affected but he could stand and pivot to the chair or car or anywhere…
So according to the judge after a stroke you cannot travel anymore?
I knew how to lift him and had all the equipment for comfort at home…
They had him in a bed that wouldn’t work with the controls…
No extra padding for his hips that hurt if laying in bed too long,
no therapy at all, to improve his mobility, no bottled water by his bed, nothing!
All her orders are void from no due process anyway
In the hearing I asked if he would be attending to say his side…with the TRO…
I asked where is his lawyer? Judge stated he has people looking out for his interests…and then ignored me
I asked what about his advance directives on file and he named me if ever incapacitated or incompetent I would be the one to care for him.
The judge replied…I trump that and lets continue with this hearing….
Now she will claim that I am not stable and need psychiatric evaluation and determine if I am competent to care for him with his medical needs…?
Excuse me….? I will not jump through any of her hoops….to delay time!
She will just be blowing smoke up someone’s ass…and I hear the judges make the same determinations….and use the same words…
meaningful, and without the approval of this court, and in the medical state they require the treatment, and more stupid lines that make no legal sense if you have any cognitive abilities to determine right from wrong…
In my opinion she needs an evaluation to determine cognitive reasoning to know when she has the authority to cause the slow death of a man and to find out if she knows the laws she has violated and if she knows she is acting criminally by ignoring all the state statues, federal laws, guidelines and Acts in place and to see if her ego is the reason for the illegal actions and causing detrimental life threatening harm to a man who wishes to die rolling down the road in the west scenery and not die lying in one place in a 1 star nursing home…
she needs to be evaluated to see why she thinks she has the right to violate everything about what she is to protect and she needs to be prosecuted to the fullest extent….
But they will state I am crazy and want to be sure he will be in safe hands and she states that I abuse his meds, and think I can do a better job then professionals…
Excuse me but if you ignore his previous doctor reports confirming meds he cannot have and yes I can do better than they can…I can provide love and care for him not like any nursing home will…I love him they do not care…so yes I can provide for better care than a 1 star nursing home…The therapist even stated when coming by our home for therapy that it is the first time he saw walking bars at home…I had them for Cal to practice…he was walking and talking…yes I did provide better care and can prove it…!!
Her original intention was to keep him in MN and give me walking papers out of town and never be allowed back…thus the reason for the warrant…
but I left with him first and she admitted she is having to do this not in her normal order of things…but will have to adjust accordingly….
My man fought for our freedom and I will be his warrior for his freedom forever until I get him back under my care…I pray it is sooner than later…or she needs to be charged with reckless endangerment and premeditated murder of a man, additionally violation of his constitutional rights and his bill of rights and action without any judicial authority and without any jurisdiction. violating state laws, and the book needs to be thrown at her in Supreme Court and she needs prison time disbarred and an award of 10 million dollars for kidnapping and having co-conspirators assist in her plan! Taking the last years from a man when it was clearly stated what his desires were and ignoring them from an egotistical standpoint….and all in the name of her family who sued Cal and didn’t get the property and so it is actions for her family of lawyers and debt collectors that she is purposefully torturing him….and this is even a bigger wrong to be disbarred for…Jessica Ryan/Kramer attorney in Minneapolis… Messerli and Kramer debt collectors and lawyers… and she is acting as a tribal judge in Morton MN part time.
(a judge that holds phone hearings and doesn’t even show up herself half the time)
She is not a member of the tribe, but will not let me in on the information because I am not a member of his tribe…so I am excluded in all hearings…that concern Cal…my man of 22 years….together and never apart for more than 30 days in those 22 years…
Tribal jurisdiction is 10 mile radius not 1700 miles away in AZ…and she has no authority at all with me being a white girl…and we lived in AZ 2 years prior to her illegal TRO…. giving us home state jurisdiction in AZ…
I can prove this too…everything I say I have proof…either verbal written or documented copies for prosecution and to get Cal immediately removed from the Golden Living Rehab 1003 West Maple St Olivia MN small town no receptionist, he is behind locked doors, isolated without anyone that cares or loves him…
Need an immediate emergency injunction and have him returned to me…
and the Federal Marshalls arrest her…
Make a bold statement for all the other judges to take notice…
But I cannot file anything or attend from their shenanigans….of a warrant…
MN only body only…so I am just kicked out of the state of MN and they Renville County have no proof to go before a jury trial…
it needs to be dismissed and erased from my record.
480 334 3867
p.s. I LOVE YOU CAL WITH ALL MY HEART AND SOUL AND I WILL BE YOUR WARRIOR WHILE YOU CANNOT DEFEND YOURSELF…I WILL FIGHT FOR YOU FOREVER…PLEASE STAY STRONG FOR ME….I MISS YOU AND CRY DAILY FOR YOUR RETURN…IT HURTS ME I FAILED TO PROTECT YOU FROM THE MONSTERS IN THIS WORLD…I AM SORRY CAL…PLEASE BE STRONG…SO YOU CAN RETURN TO ME…I WILL FATTEN YOU BACK UP…AND IT IS LESS TO CARRY WHEN I GET YOU WALKING AGAIN…I STILL HAVE ALL THE EQUIPMENT INCLUDING YOUR WALKING BARS… AND WE WILL HAVE THE WALKER PATENTED WITH YOUR NAME YOU INVENTED…SEE YA SOON…OK…I PRAY! MAY GOD PROVIDE THE WAY FOR YOU TO COME BACK HOME UNDER MY CARE…ASAP
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Carlena Yaw signed Take The Pledge via Carlena Yaw 2019-02-23 06:15:11 -0800My man of 22 years is currently isolated from me and all friends in AZ! He disowned his sons in court “Record” for thinking he was incompetent. No doctor ever declared him incompetent, yet a veteran has lost his freedom to a corrupt judicial process. Assigned guardians requested closure, APS closed the case against me after 18 months investigation, but kidnapped, taken out of state against his will, now he is Isolated, improper meds, no calls, no visitors allowed. Kids do not visit and he is kept in a 1star nursing home…can it get any worse? He is Clarence Leith illegally (no due process VOIDs all orders) being detained against his will in Golden Living Rehab, Olivia MN no rehab given, I had him walking and talking…we just want to be together, I love him with all my heart and soul and miss him terribly…Please help!2,440 pledges
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- 1 to 2 million Americans age 65+ report having been abused by a loved one or someone they depend on for care.
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You can do your part to end the silent epidemic of elder abuse by taking the pledge to stand up against elder abuse. There are 10,000 people who are turning 65 each and every day (Pew Research Center), and we are rapidly approaching a time where nearly 50% of the population will be 65 or older. Together, we can end the silence of elder abuse by standing united and raising our voices against this growing problem.
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