Wisconsin- Wrongful chapter 55 of an 88 Year OLD Registered Nurse

August 3rd, 2003

Hello, my name is Angelo Dallas, and about one year ago I was given Power of Attorney for both the healthcare and financial responsibility for a little 88 year old grandma. We seek help in getting her out of a mental ward that she does not belong in, getting her back home, and rectifying this matter ASAP. It seems that every day brings more insanity to this problem. Time is critical. This is the horror that has developed in the past few days.

SUMMARY OF ISSUES:

1) On July 27th, 2003 - An 88 year old woman fell down and, now regrettably, called the police for assistance in getting back up

2) Police came to her home and used unnecessary force to break in causing about $300.00 damage instead of a mere $20.00. They broke the ($300) door down instead of breaking a ($20) window in that door.

3) The police then wrongfully and forcibly removed her from her home and transported her to a hospital, against her will, stripping her of her civil rights.

4) The police report was full of wrong, inaccurate and even exaggerated information. I have pictures and information that directly conflict with these reports.

5) At the hospital, she repeatedly stated that she wanted to go home. They refused to allow her to sign herself out Against Medical Advice (AMA) despite no evidence that collaborated with the chapter 55 accusation!

6) Every time they would find a "problem" they would make it sound horrific, yet it would resolve itself in a matter of hours. Yet, they seemed to be just looking to find just one more "problem" to hold her. Given long enough, the woman will be a basket case from being forcibly separated from her loved ones, removed from her home of all her life, hence, the complications of depression. Then logic dictates that every other systematic issue will run its course from physical breakdowns, to mental confusion, etc. What is the agenda here? Do they intend to leave her in these circumstances of mental anguish until she truly DOES meet with the chapter 55 requirements?!

7) From the beginning, this woman has been railroaded into a series of events that have escalated to the point that they are preventing her from reclaiming her rights and property as a productive citizen of America!

8) Being 88 years old and hard of hearing, she was denied the facilities to allow her to hear the statements made against her during the 72 hour hearing. In spite of the fact that she had passed the competency tests, they disallowed her from having the right to hear her own hearing blatantly proving that the court had already begun railroading her into the Chapter 55. Thus, she was found guilty before being proven innocent!

9) She was denied the right to obtain her own attorney, instead being forced to accept an attorney appointed by the court. She was never given the opportunity to get her own attorney before this point!

10) When I, her POA, stood up to rebut statements and testimony that was inaccurate, wrong, or exaggerated at her 72 hour hearing, I was told to sit down by the court commissioner and that I would not be heard, and that I had nothing to offer in this matter! Further proof that she was already being railroaded into the Chapter 55.

11) Prior to this meeting one of the staff did some investigating and informed the hearing members, that they found out this grandma owns a sizable piece of land that is adjacent to another piece of highly developed land. This makes it a very "respectable" piece of land worth quite a bit of money. Heads turned.

12) Her newly court appointed guardian requested a walkthrough of her home, I complied. During this time she informed me that grandma would be found incompetent and would be going to a nursing home.

13) The guardian also mentioned that they would be bringing a dumpster to grandma's house to "clean it out!"

14) When I, whom grandma designated as her guardian and POA, asked if I could be present during this time. I was flatly told "No." They would take care of it now that, "You should just take the next month off and enjoy yourself." I care about this woman and her rights. This is not a job that I can just give up!

15) Although the grandma was allegedly chapter 55'd because she could not walk, the grandma is stuck in a mental ward at the hospital. She is not allowed any of the following in her room. No TV. No Phone. No Visitors. Even prisoners are allowed these basics things. She is being treated worse than a PRISONER ! This is CRUEL and UNUSUAL PUNISHMENT. THIS VERY ACT IS ABUSE!!!

16) Even though I disagreed with the whole situation, I've been cooperative and compliant with the court. I finally came to realize that once the Chapter 55 proceedings started, they were intent on pushing it through, regardless of the facts. Realizing that even my own words were being twisted and used against her, I went to grandma and told her it would be at least another week before she might be able to get out, trying to buy some time and not cause her any more anguish. Being given no recourse, she wanted out, she wanted an attorney. She wrote out a check for $5,000.00 and gave me a note telling me to spend the money as needed to get her out. I then acted in her best interests and acquired the services of an unbiased attorney. I also got an impartial psychiatrist for a second opinion. This is something that any reasonable person would do in such a life-changing situation, despite the fact that the state does not "require" it. Now they are punishing us both for getting a lawyer and that second opinion! - They wont let me, the one she trusts, knows and who she appointed over her to visit her anymore !

17) 90 min after leaving the bank, I was called by the newly appointed guardian and informed that I was "in big trouble" and that she wanted the money back IMMEDIATELY! I told her, "I'm sorry but the money has already been disbursed in accordance to grandma's wishes. Her money had been used to acquire an attorney and a Doctor for a second opinion." She informed me to not come get my truck off the grandma's property and I was to not visit her. Another violation of her rights to assign someone as her POA and guardian.

18) About 2 hours later, I received a call and was notified that I and the other caretaker had been taken off the visitor list in that ward. Thus fully isolating the grandma from the people she loved and trusted enough to appoint as her guardians. This was done to prevent this from happening should she every become incompetent, which she is not.

19) I feel the other caregiver's rights were violated as well, as she was not involved in any way in the situation outlined in points #16 and #17.

20) At present, grandma is at the sole mercy of what the system wants to do with her! She has been prevented from her rights, given only what "rights" the system deems she requires. This in not only unfair, but unjust!

My Personal Comment:

I am an Honorably Discharged VETERAN of these United States. What I am and have been witnessing is nothing more than a Dictatorship! At best, the system can only argue that it is a benevolent dictatorship!

It not only angers me, but sickens me that thousands of my brothers and sisters who went to the call of duty fought. Some lost limbs, others lost their sanity, a few even lost their ability to walk, and far too many even lost their very lives to ENSURE and DEFEND OUR CIVIL RIGHTS, our LIBERTY and uphold JUSTICE! The very rights being stolen from this woman!

How is it that we can go off to war with against other countries? How can we help strangers half a world away, Yet, as an American, I helplessly had to stand and watch as many of this woman's rights are not only abused, but ignored, and REFUSED! This is not communism, this is not Saddam Hussein nor a terrorist group, That was inflicting the damage to a helpless 88 year old woman. This is my fellow Americans, who are DENYING another fellow American their very CIVIL LIBERTIES AND RIGHTS. She is wrongfully being held captive.

Because I disagreed with the individuals appointed to her, and chose to take a stance and help her get an attorney, which she is entitled to by law, I am now cut off and not allowed to see her. How is this justice? How is this in her "best interest"?

I have known this woman for what feels like a lifetime, and these people only met her a week ago. Yet they feel they not I (her personally appointed POA), are the best judges of what is in her best interests.

She should have never been placed under a chapter 55 order. Every day she has been in there, I've seen her do nothing but cry, and I know her well enough to know that she is giving up - that is not a nice thing to do to a woman. To go against her wishes to the point that they force her into a state of just wanting to die.

This woman was a Registered Nurse who cared for our military men and women from various wars. Now she has become a POW right in her own country! Ironically, in a perverted twist of fate, she has not only become a POW in her own country, but in the very hospital that she used to care for so many in.

I would like to see a "point system" put in place, that would help better evaluate if a person should ever even be considered for a chapter 55, then if so, Id like to see the opportunity for a rebuttal at the 72 hr hearing to stop this from ever happening in the future to someone else.

I would be GRATEFUL if this woman was able to receive the help she deserves.

Gratefully Yours

Angelo Dallas

PLEASE HELP ME FIND A WAY TO PUT AN INJUNCTION ON THIS and STOP THIS INSANITY! - BEFORE THEY "CLEAN" HER HOME! (this week)


WISCONSIN STATE STATUTE
55.06(11)(a)
(a) If from personal observation of a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a board designated under s. 55.02 or an agency designated by it it appears probable that an individual will suffer irreparable injury or death or will present a substantial risk of serious physical harm to others as a result of developmental disabilities, infirmities of aging, chronic mental illness or other like incapacities if not immediately placed, the person making the observation may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations and the basis for emergency placement. The statement shall be filed with the director of the facility and shall also be filed with any petition under sub. (2). At the time of placement the individual shall be informed by the director of the facility or the director's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent. The director or designee shall also provide the individual with a copy of the statement by the person making emergency placement.

Source:
http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=111390&infobase=stats.nfo&j1=55&jump=55&softpage=Browse_Frame_Pg

VIOLATION #1

The BOLDED parts is what was violated in her case, as well as many others I suspect.

a) At no time could it ever be considered probable that she would suffer "irreparable injury or death"
b) At no time was "serious physical harm to others" ever an issue
c) Thus, she did NOT require to be placed immediately- simply calling her secondary caregiver would have been sufficient.

VIOLATION #2

NOT ALLOWING ME TO SPEAK ON HER BEHALF AT HER 72 HR "HEARING"

VIOLATION #3

CLEANING OUT HER HOME WITHOUT HER CONSENT, WITHOUT HER KNOWLEDGE AND WITHOUT ANY OTHER ACCOUNTABILITY. I.E. HER DESIRED AND CHOSEN POA TO BE THERE. - AFTER ALL, ISN'T THAT WHY YOU CHOOSE A POA, SO THE STATE DOESN'T IMPOSE ITS DESIRE ON YOU - THUS REMOVING YOUR RIGHTS?

VIOLATION #4

ISOLATING HER FROM HER FRIEND, and CAREGIVER

VIOLATION #5

ORDERING A DUMPSTER TO CLEAN OUT HER HOUSE WITHOUT HER KNOWLEDGE OR CONSENT.

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Angelo Dallas
Computer Solutions
1426 N. 14th St
Sheboygan, WI 53081
920-457-4142 - office
920-803-8424- fax
www.compsolinc.com