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THE TRAGEDY OF GUARDIANSHIP FRAUD Marie Winkelman: second victim of elder abuse in
Sarasota, FL
January
10, 2014 Who is Marie Winkelman? Marie is the author of a book about her experiences as a Holocaust survivor in Poland titled: “Keeping A Promise: To Tell My Story of Survival in Warsaw During WW II.” “On
December 4th, 2013, a beautiful and brilliant 88-year-old Holocaust Survivor
named Marie Winkelman was put into guardianship in the Sarasota, Florida
Probate Court – without a hearing – based upon a mediation agreement,” states
Beverly Newman, President of the Al Katz Center. Marie
is the second victim of elder abuse in Sarasota County, Florida. The first was
Al Katz, the father of Beverly Newman, another Holocaust Survivor. The
similarity of the two cases is striking and presents a pattern of what
some believe constitutes “judicial cronyism.” It is a system that takes the
liberty and property of its victims – usually the elderly. Federal
Mediator Gary H. Larsen. “Marie
is a recent resident of Bird Key who still lives independently and keeps her
home in immaculate condition. The mediation agreement was prepared by Federal
Mediator Gary H. Larsen, which Marie did not see until after the
mediation. Her fortune of many millions, which she earned through decades of
hard work and prudent investments, is now in the hands of a company named Sabal Trust Company with which she has
never had any contact. Through the mediated agreement, she is given a monthly
allowance of her own money, despite the fact she has always spent her money
judiciously,” notes Newman. What
makes Marie’s case different is the possible collusion to have Marie found
incompetent not by strangers but by Robert Szychowski who is married to
Marie’s step-daughter Corinne. This is the highest form of betrayal by the one
person Marie trusted the most. She trusted Szychowski so much she signed a
Durable Power of Attorney (POA) giving Szychowski control over every aspect of
her life and wellbeing. Marie made Szychowski her “attorney-in-fact” (my
Agent) granting him “The power to exercise or perform any act, power, duty,
right or obligation whatsoever…” There
was one proviso in her Durable POA. Paragraph 43 of the POA states: It
is my intent that My Agent [Szychowski] and attorney-in-fact have the broadest
powers possible to act for me while I have the legal capacity to act and
also while I am legally incapacitated to act, so as to avoid the
necessity of a guardianship in case of my incapacity. [Emphasis added] It
was Szychowski who facilitated the process that violated Marie’s trust and
express wishes to “avoid guardianship.” It was Szychowski who used Marie’s own
money to pay those who are complicit in her placement into guardianship. How
could this betrayal happen? Christopher
Alan Likens, P.A. In
July 2013, New Jersey resident and Rutgers
University Acting
Manager, Cost Studies, Szychowski, retained a lawyer, Christopher
Alan Likens,
using Marie’s money, to take her to court and force her into guardianship
relative to her pharmaceutical routine. Even though Szychowski as the Durable
POA could have hired a caregiver himself to monitor Marie’s medications, he
hired a stranger to file a court action, without prior notice or giving Marie
an opportunity to hire an attorney to represent her. Lori
Gaetano, care manager with Care InSight. Szychowski
then, using Marie’s money, paid at least $2,373 to Lori Gaetano, RN, a
care manager from Care InSight, who testified in court
that Marie was “incapacitated” with respect to financial matters because
Gaetano had seen Marie’s checkbook lying on her table, where Gaetano projected
that someone could take it from Marie’s private residence. Dr.
Miguel Rivera,
MD, came into the picture, referred by Gaetano to Szychowski, hired by him, and
paid at least $908 from Marie’s account. To do a psychiatric
evaluation of Marie, Dr. Rivera showed up with Gaetano at Marie’s home
unannounced and without identifying himself as a psychiatrist, asked Marie a
series of questions, and then left. Only later did Marie learn he was there
evaluating her competence. It was Dr. Rivera’s negative evaluation report that
began the process of the taking of Marie Winkelman 1-2-3. In
an article in the Sarasota Herald-Tribune published in 2011, Rivera
noted, “They [the elderly patients] don’t know I’m a doctor,” he said,
indicating his casual, golf-style shirt. “They just think I’m this friendly guy
who comes around a lot.” Although
Sarasota County caps the fees to be paid to incapacity Examining Committee
members at $200, Szychowski paid social worker, Linda Erickson, 11 times more,
using Marie’s money without any court oversight. Also, Szychowski
paid Anne L. Olshansky, MSW, at least $500.
Olshansky is a counselor and was another member of the panel that found Marie
incompetent. Finally, although Florida guardians must file their fee statements
with the court for court approval, Szychowski used Marie’s account to pay
guardian Dawn Van Beck $1,294.63, on November 6, 2013, without any court
oversight. What
is at stake here? A woman’s liberty and her property valued in excess of $3
million… in this case, a Holocaust Survivor who in childhood was robbed of her
property and stability and now is re-living the traumas of betrayal and asset
seizure. Who benefits from Marie’s guardianship? Robert
and Corinne Szychowski and the State of Florida’s guardianship system. What
is happening? The systematic financial abuse of an elder. Stay
tuned as Marie has a court hearing on February 28, 2014. This story must and
will be told, to protect the innocent like Marie. Dr.
Rich Swier is Publisher of www.DrRichSwier e-Magazine. Twitter: @drrichswier He
holds a Doctorate of Education from the University of Southern California in
Los Angeles, CA, a Master's Degree in Management Information Systems from the
George Washington University, Washington, D.C., and a Bachelor's Degree in Fine
Arts from Washington University, St. Louis, MO. Richard is a 23-year Army
veteran who retired as a Lieutenant Colonel in 1990. He was awarded the Legion
of Merit for his years of service. |
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