Guest Blog - The Legal Kidnapping of An Elderly Woman

This is about my Aunt Ida Marie Pavioni.

From the time that I was born, she was an integral part of my life. She was a Mother to me all of my life. Prior to her moving to Bradenton, Fla. in 2008, to live with me, she lived on her own in St. Louis, Missouri. She was employed with South Western Bell Telephone Company in St Louis Mo, for 59 years and was totally independent. She was a faithful servant to her Catholic faith and lived a totally independent life, all of her life.
Now, I desperately need help and justice for My Aunt! In April 2010, she was involuntarily removed from her home by Florida State authorities. Her freedom was taken from her through lies and misinformation by greedy family members and outside influencers. I was not allowed to see her during her incarceration until I agreed to give up the inheritance that my Aunt had made for me. Due to my own circumstances, I live on Social Security only; I had no money to even hire a lawyer to try to have my Aunt freed. There is a case that has been submitted to the Supreme Court for hearing that involves ALL of the individuals who were a party to my Aunt’s incarceration
A petition for Writ of Certiorari was filed with the U.S. Supreme Court on October 7, 2011, by Edward McGlynn Gaffney, Jr., Professor of International Law and Genocide Studies at Valparaiso University School of Law, on behalf of Beverly R. Newman and Lawrence T. Newman. Named in the petition are: Paul E. Logan and Jannette Dunning, judges for the Circuit Court of Manatee County, Florida; the Public Guardian for Manatee County doing business as Aging Safely, Inc., its CEO Jo Eisch, director Ashley Butler, and attorneys James Knowles and Erika Dine; professional guardian Herbert Schimmel and his lawyer Edwin Boyer; and Gerald O’Brien, former counsel for the petitioner.

Why is this petition important? Because it questions the legality of the Florida guardianship program under the Fourteenth Amendment Due Process Clause. According to the petition:

One question presented: Whether State guardianship and civil commitment proceedings that significantly diminish protected liberty and property interests of an incapacitated person violate the Fourteenth Amendment Due Process Clause, (1) where a State Judge and Public Guardian fail to provide adequate notice of the guardianship and civil commitment proceedings to family members who are willing and responsible caregivers of the incapacitated person, and (2) where the proceedings violate procedural safeguards for full and fair hearing by failure of court-appointed council to provide meaningful legal representation of the ward of the State throughout these proceedings, and by judicial exclusion of competent family members from meaningful participation in guardianship and civil commitment proceeding.

 She went from a vibrant woman, of 86, who was enjoying her life and retirement to the shell of a woman that she is now. Like Mr. Katz, my Aunt was denied her 14th Amendment Rights by the State of Florida. She demanded to be allowed to hire her own attorney before her Competency hearing in May and the authorities refused her request. Her State Appointed Attorney made sure that her wishes to remain free to live on her own were thwarted.

This should never happen to anyone in America. Our elderly are truly vulnerable in this country when practices like this by the State are allowed to be carried out against their citizens. I need someone to help me tell my Aunt’s story and secure some form of justice for her. She does not deserve to have to live in a drugged up state for whatever time she has left in her life. I want her story to be known so that others may know that without proper safeguards being in place in their lives makes them vulnerable to what has happened to Mr. Katz and my Aunt. The system of Elder Services is severely broken in Manatee County, Florida. This can happen to anyone and it will happen again. Ida Pavioni deserves justice at this point and I am looking for anyone out there who will help me pursue it. If you know of any other cases like this in Florida or have suggestions as how to proceed with any of this I may be contacted at the number below. Please help, the system is not operating in Florida at this time in a fair or just manner for our seniors.

Janice Fendel, Bradenton, Florida (updated 1/27/2019 to delete photos)