Justice isn't found in the legal system anymore.  You can fight the outrageous rates  the Banks and Lawyers are making off of the helpless; but remember, the Banks  and the Lawyers aren't using their money to litigate ---- they're using the "protected  person's" money!   So, if you don't have more money than the person you're trying to protect, you don't have a chance.  

Ironic, isn't it?  You're trying to protect your person  from exploitation by the Banks  and Lawyers, but the Banks and Lawyers now get to further exploit your person by  using even more of your person's money to defend themselves!  And the Judge will  approve those fees too.

So, in reality, when you try to protect your person, you actually harm him/her financially, because the Judge  always pays the Banks and the Lawyers.

This year, the Judge (R. Joseph Howell) who has failed to protect my Grandmother is running for re-election.  He proclaims himself  "qualified - fair - impartial".  He's run several ads that are so glowing, I wonder why he doesn't just skip all the  small town politics and run against George Bush for the top job.  Surely most of his credentials and qualifications  are true.   

However, I know another side of this man and so I am determined to do what I can to prevent his re-election.   If I can help save someone, just one person, from going thru the torture this Judge has inflicted on my innocent  Grandmother and my family, then I've done a wonderful thing for the next family who might fall victim to the  guardianship racket.   And if he gets re-elected despite my best efforts,  well at least I tried and I can sleep soundly knowing I did what I could to help my Grandmother.  

Judges are elected, or not!  I say if it's near election time, your money would be better spent getting behind the  opposing candidate for Judge rather than wasted on litigation or an appeal.  Put out flyers, talk to everybody you  can and tell them what's happened to your person, spread the word so everybody knows that the Judge has failed  in his duty to protect the "protected person" and has allowed the Banks and the Lawyers to profit from your person's disability or helplessness.  Send a message via the strongest voice we have, the vote, to the offending Judge that you have held him/her accountable.  Send a message to the Judge elected to replace him/her that your community isn't  going to stand for the exploitation of the innocent and helpless by Banks and Attorneys. 

Vote for justice, it may be the only way you can get it!

*************Following is a letter submitted to the Editor of the Loogootee Tribune, The Shoals News. 
and the Washington Herald 4/3/2004:

To the Editor of the Loogootee Tribune, the Shoals News and the Washington Herald:: 

Judge Howell’s re-election ads proclaim he’s “Your” Judge, Martin County, and he asks you to go to the polls  Tuesday, May 4th, and “make your vote count”.   I ask you to make your vote count, but not for Judge Howell.

Judge Howell proclaims himself “fair and impartial”.  My grandmother, Gertrude Risacher Fisher and I have  experienced a much different side of Judge Howell; we have been victims of his gross unfairness and bias.   Read  what he’s done to us because if you make the mistake of reelecting him, he could do it to you.

Gert Fisher, is 95 now and most of her family and friends are gone.  She had always felt secure living in her little  town of Loogootee, never dreaming that anything bad could happen to her there.  After all, it wasn’t the big city  where nobody knew you.  But, something bad did happen to her there.   With the advancing of old age, her support  system gradually died away.   She became vulnerable.  A newcomer, Judge Howell, took office in Shoals ---he  trampled on her, in her own backyard!

My grandmother, Gert, is an upstanding citizen, always contributing to her community, her family and her church.   With her advancing years, she made careful plans to protect herself should she become incapacitated.  She wanted  my mother, her daughter, to care for her and Gert gave her all the tools necessary to do so, including her Power of  Attorney.  Gert arranged for the eventual distribution of her assets to be divided equally to both of her children --it  was important to her not to have any conflict between them.  She had worked hard to give herself peace of mind 
that no matter what might happen to her, she’d be all right. 

She was wintering in Florida in 1994 when she suffered a massive stroke.  The damage was extensive, leaving her  completely helpless, unable to move or talk, requiring 24-hour constant care.  My uncle began interfering with my  mother’s efforts to get good care for Gert while in Florida and to bring Gert home to Indiana. He had begun pursuing  his inheritance and Gert’s lawyer advised a guardianship would be the best way to protect Gert.  As a compromise between my uncle and my mother, I was chosen to be Gert’s guardian.   Judge Joseph Howell gave me instructions  to file quarterly accountings with the Court; however, he gave me no direction on how those accountings were to be  prepared or any instruction whatsoever of what my legal duties or legal powers were as guardian. My lawyer’s  instructions:  Take the job literally.  When you make a decision, do what Gert would do if she could and if  you don’t know what she’d do, then make your decision in her best interest.  If you do that, you’ll be  all right. That certainly sounded like good, sound advice and that’s what I did for six years.  But I wasn’t all right.

In 1998, my uncle filed with the Court to have me removed as guardian for the legal term of “mismanagement” of  Gert’s estate.  His list of my wrongdoings was lengthy and included “improving” my mother’s home (adding a  bedroom and a sitting room for Gert), hiring caregiver help to care for Gert without withholding taxes, selling some  of Gert’s personal property from her Florida condo and Loogootee home without Court approval, continuing to  give my mother $300 a month as Gert had given her for several years before her stroke, and my worse offense-- not 
filing accountings with the Court as ordered.  He asked that I be removed as Gert’s financial guardian and a bank be  appointed to replace me.

On the surface, it looked like my uncle had a strong case, his list was certainly impressive.  But here was a man with  motives as transparent as glass –a son who had done absolutely nothing for his mother except cause trouble and  complain about her money being spent on her rather than saved for his inheritance.   On the other hand, I had given  up my life to help care for Gert and she was prospering.  It couldn’t have been more clear who was looking out for  Gert and who was looking out for himself.

Overall, I was confident that it would turn out okay because everything I did for Gert as her guardian was in her best  interest, was what she would have done, and every cent of her money I spent was spent for her care and/or her  comfort.  Moreover, I had consulted my attorney on every issue and followed his advice.  I hadn’t stolen any funds from Gert, so I was sure justice would prevail.  My record of acting in Gert’s best interest was impeccable; her  quality of life continued to improve, she lived with my Mother where she was safe and cared for, and despite the 
enormous cost of her disability, I had increased the value of her largest investment by over $400,000.  Her estate  was growing and there would be enough money to see her through her final years. 

During the hearing, Judge Howell was very complimentary to me for the efforts and the care I had given Gert.   He even said he had no problem with her new rooms; he found them to be reasonable and for her benefit.  I soon  found out that Judge Howell says one thing but does another. 

Judge Howell took nine long months to make a decision and when he did, he removed me as Gert’s financial  guardian and charged me with almost $100,000 owed to her estate.  He appointed a bank, Old National Trust,  handpicked by my uncle, as the new financial guardian and I was to remain as guardian of the person.  Basically,  Judge Howell gave my uncle and his bank control of Gert’s money and I was left almost $100,000 in debt, my  Grandmother to care for, and a court appointed bank that was making it very difficult for me to do so.   

I was horrified and devastated.  It didn’t matter to Judge Howell that the lawyer he had appointed for me didn’t  file the accountings I had given him with the Court: I was responsible for my lawyer’s actions and the bad advice he gave me.    It didn’t matter that I hadn’t stolen any money from Gert; and, in fact, had made her a great deal of  money.  Gert was getting optimal care and she was flourishing financially.  And worse, Gert never wanted a cold,  hard institution to control her.  She made it very clear and she had planned so carefully to protect herself from it; 
she emphasized she wanted her daughter to care for her and handle her finances. 

What should have mattered to Judge Howell was Gert Fisher, her wishes, and what was best for HER.  That’s  what the law says a guardianship is supposed to be about. 

Judge Howell is “Your” Circuit Court Judge?  If you become helpless, do you want “Your” Judge to ignore your  expressed and written wishes and force you into the very circumstances you had worked so hard to protect yourself  from? 

Since Judge Howell appointed Old National Trust less than four years ago, the $400,000 I had made for her is long  gone and her remaining funds are depleting fast.   The bank and three lawyers have billed Gert over $127,000 for  administrative and legal “fees” while Gert has been put on a $400 a month budget for her clothing, medicine, supplies,  transportation, etc. needs.  When I ask for comfort items (like an awning over Gert’s deck to shade her from the sun)  or funds (for unexpected prescriptions), Gert  is mostly denied and charged for me asking and for the bank denying.  Her investments were seized and liquidated.  The Bank has even changed her will (a larger portion to my uncle) – all  this and so much more with Judge Howell’s approval. And one of the Bank’s lawyers gave himself a $15 an hour  raise, approved by Judge Howell; but the bank won’t give Gert’s caregivers, the very people essential to her care  and comfort,  a much deserved $1 an hour raise.  Judge Howell allows the bank and the lawyers to bill Gert  thousands of dollars, while Gert is restricted access to her own money.  The bank and the lawyers make it 
increasingly stressful to care for Gert.   Judge Howell’s repeated failure to protect Gert from them makes the stress  almost unbearable.   

When there’s no more money to take from Gert, Judge Howell will legally permit the bank and the lawyers to move  on to their next victim; they don’t work for free!  They have no regard to Gert’s future. But what becomes of  innocent people like Gert whose estate has been bled dry by the banks and the lawyers?  Still needing care, they find  themselves destitute and forced to go on Medicaid.    The taxpayers now have to pick up the tab while the bank  and the lawyers are off enjoying their profits!  

Judge Howell continues to fail to protect Gert from the bank and three lawyers.  He has broken the spirit of the law.   Hold him accountable by not reelecting him.  

This very thing could happen to any of us no matter how hard we, our family, or our caregivers try to protect us.   Judge Howell didn’t listen to what Gert Fisher wanted and he disregarded her wishes when she became helpless.   What makes you think he’ll listen to you?

Judge Howell has got to be stopped.  Stop him now in the primary election.  

Sincerely,

Elaine Renoire

************This is the flyer delivered door to door

 Judge Howell:  Fair or Foul????

 Just a few years ago, a lawyer referred to Gertrude (Risacher) Fisher of Loogootee, as “the Ruth Lilly of Martin 
County”. 

If you are familiar with Ruth Lilly’s guardianship story, you will know that she was outrageously taken advantage of  
by bankers, lawyers, and the court.  

Gertrude Fisher’s guardianship is being mishandled the same way.  The money involved is much smaller, but it WAS 
enough to light up the eyes of the lawyers and the bankers.  The players are a little different but the end result is the 
same.  Gert Fisher never wanted to be controlled by a cold, hard institution.  Despite her best efforts to protect 
herself from that very event, when she became defenseless and needed protection the most, Judge Howell failed to 
protect her.   

Judge Howell has repeatedly allowed this plundering of Gert Fisher’s estate to continue for over four years.  
Swirling and hovering around her are Old National Bank (appointed by Judge Howell as her financial guardian against 
her expressed and written wishes), the Bank’s two lawyers, her estranged son and his lawyer.  Judge Howell, at 
every hearing, allows them to swoop down and fill their pockets with Gertrude Fisher’s money while she lies 
helpless from a massive stroke.  

Judge Howell proclaims to be fair, but he is not.   Do you really want someone like Judge Howell sitting in judgment 
of your fate when you’re old and defenseless?

                                               Is Judge Howell fair or is he foul?

                        Ask Gertrude Fisher’s family and friends.
  Martin County, do you want a Judge who allows banks and lawyers 
                     to get rich off the money of the defenseless?

                              If you want a fair Judge,  

        don’t re-elect “Foul” Howell !!!

                                 for more information, visit www.abusiveguardianships.com and click on “Vote for Justice”  

                                        (This flyer is paid for by Elaine Renoire and is not authorized by any candidate or candidate's committee)

*************This letter was submitted to the Loogootee Tribune, the Shoals News and the Washington Herald 4/6/2004:

April 6, 2004

To the Editors of the Loogootee Tribune, the Shoals News, and the Washington Herald:

JUDGE HOWELL’S VERSION OF YOUR RIGHT TO BE REPRESENTED

Judge Joseph Howell stated in his candidacy announcement he has performed his duties as Judge of Martin County professionally, fairly, and impartially.  Let me tell you what he did to my disabled and helpless Mother and me --- and you be the Judge!

Judge Howell appointed Old National Bank as my Mother’s (Gertrude Risacher Fisher) financial guardian against  her expressed and written wishes.

Judge Howell was to preside over a significant hearing regarding the Bank’s handling of my Mother’s guardianship.   I wanted to contest the Bank’s actions for reasons including the rapid depletion of my Mother’s funds (she’s lost over $500,000 in about 3 1/2 years).  The Bank, with the help of  three attorneys, is plundering her estate by taking advantage of my Mother’s helplessness.  While the Bank refused to give my Mother’s caregivers a much deserved $1 an hour raise, one of the Bank’s lawyers has given himself a $15 an hour raise and the Bank and three lawyers have now billed my Mother over $127,000 in administrative and legal “fees”.  This hearing was crucial to the outcome of my Mother’s fate.  I needed to be there to try to protect her.

But, the afternoon before the crucial hearing, my lawyer quit!!!   (He was later arrested for cocaine possession.) He faxed an emergency request to Judge Howell to withdraw from my case and asked that the hearing be postponed until I could get a new lawyer.  The Bank’s lawyer immediately  objected to my lawyer’s request to postpone the hearing.   The opposing lawyers and Judge Howell knew my lawyer deserted me before I did.

Judge Howell granted my lawyer’s withdrawal; but beyond belief, he catered to the Bank and denied my lawyer’s request to postpone the hearing!  Judge Howell left me with no lawyer, no time to prepare, no records --  and he knew I had no knowledge of the law or court procedure.   Unbelievably, Judge Howell went on with the hearing anyway!!!   Once again, he pandered to the Bank.  Judge Howell’s actions denied me the opportunity to oppose the continued plundering of my Mother’s estate by the Bank and the Lawyers.  Judge Howell did not give me the opportunity to even present my case.

Judge Howell’s expectation that I take on the Bank and two seasoned attorneys without any legal representation at all is just as ridiculous as Judge Howell’s proclamation that he is fair.

So when you’re watching TV and you hear them say, “You have the constitutional right to counsel….” remember, that doesn’t apply to Martin County Indiana in Judge Howell’s courtroom!  Do you think this is America, it can’t happen here?!  But it IS happening right in your Martin County.   Is this what America has become?

                                            YOU JUDGE:  IS HOWELL FAIR OR IS HOWELL FOUL?

                                   ASK GERT FISHER’S FAMILY AND FRIENDS

for more information, visit www.abusiveguardianships.com and click on “Vote for Justice”    

Sincerely,

Marianne Schwartz

***********This letter was submitted to the Loogootee Tribune, the Shoals News, and the Washington Times Herald 4/16/04

To the Editor of the Loogootee Tribune, the Shoals News, and the Washington Times Herald:

The Terrible Truth about Judge Howell

I am writing to state my opinion on Judge Howell regarding his possible re-election.  I am a caregiver for Gertrude Fisher and have been caring for her for almost 3 years.  He has been making decisions regarding Mrs. Fisher’s living style and needs for as long as I have cared for her.  I feel that Mrs. Fisher’s rights have been completely taken from her under Judge Howell’s rulings.   

Mrs. Fisher thought she had made it possible for her daughter to care for her if she became unable to care for herself, but Judge Howell makes it increasingly difficult for her daughter to do that.  As an observer, it seems as though Judge Howell is not making impartial, professional or just decisions. For example, Judge Howell allows Mrs. Fisher’s son to indirectly control her assets and make decisions about her care when he hasn’t once visited, called or lifted a finger to help care for her the whole time I’ve been here.  On the other hand, Mrs. Fisher’s daughter and granddaughter spend 24/7 keeping Mrs. Fisher comfortable and well cared for, and Judge Howell does nothing to make their efforts easier.  
In fact, it seems as though Judge Howell has a personal vendetta against the two. 

Another example of Judge Howell’s unjust and harsh rulings is his approval granting Old National Bank to come to Mrs. Fisher’s home (over a five hour trip at Mrs. Fisher’s expense), videotape her home and ultimately determine which of her personal belongings aren’t essential to her care and therefore can be given to her son while she is still alive.  I know Mrs. Fisher well; she will be very upset and angry at these people who have taken her money and now are looking over all of her personal belongings to possibly take them too.  It’s not right and Judge Howell knows it. 

For Gertrude Fisher’s sake, I hope Judge Howell is not re-elected so that she may receive the rights she is entitled to.  I would hate to see another family go through the turmoil I have seen Mrs. Fisher and her family go through.  Please consider this personal opinion I have written when making your voting decision.   

This is the terrible truth about Judge Howell that people should know before they vote.  Voters, you have the power to  stop this unjust behavior and these unjust rulings.  Don’t you be the next victim.   

Don’t allow this to happen to your family, or worse, even you!! 

VOTE SMART.  DO NOT RE-ELECT JUDGE HOWELL!!!!! 

Sincerely,

Christi Branigan

********This letter sent to the Loogootee Tribune, the Shoals News and the Washington Times Herald 4/23/04:

April 23, 2004:

To the Editor of the Loogootee Tribune: 

Do you believe you are protected by the Bill of Rights from indiscriminate search of your home and seizure of your personal property against your will?  Citizens of Martin County, YOU ARE NOT PROTECTED.  My grandmother, Gertrude Risacher Fisher, at 95, is the victim of a senseless and costly search of her home by Old National Trust.

Judge Howell ordered the Bank to come to my mother’s home (where Gert also lives), go through and videotape the entire contents of the home, (“…every inch of that place”),  so my uncle can pursue his inheritance while Gert still lives! 

The videotaping is both legally and morally wrong. Legally, it’s wrong because Gert’s doesn’t even own the personal property the Bank is pursuing! (I tried to show Judge Howell the evidence proving I have already paid for all these items but Judge Howell wouldn’t even hear it.) The videotape will be presented to my uncle for his review so he can identify the items he lusts for.  Then, he and the Bank will determine what items are not necessary for Gert’s care (her paintings, antiques etc.).  That property is to be considered for “gifting” to my uncle prior to Gert’s demise.  

Additionally, Judge Howell ordered the Bank to make an assessment of Gert while they are in her home.  The Bank is not qualified: they are financial guardian, not guardian of the person.  They have no jurisdiction to do so.  Furthermore, the Bank has no business getting involved in Gert’s will or her physical condition; and, Judge Howell should be protecting Gert from the Bank who is wasting her money involving themselves in issues over which they have no jurisdiction.  

Videotaping the home and possessions and assessment of a person by a Bank is setting a dangerous precedent! 

The moral wrong is obvious.   My Grandmother is completely defenseless.  She is a massive stroke survivor.  Although she speaks rarely, she knows who she is and where she is.  She will have to suffer humiliation and anguish. She cannot cry out and ask, “How can you do this to me?   This is MY property --- you can’t take it and give it to somebody else --- I’M STILL HERE!”  Judge Howell is so hard hearted that he even ordered the Bank to call the sheriff if they wish.  How would you feel if it happened to you?  If strangers were going through your things and deciding what you can and can’t keep --- while you lie helpless and unable to defend yourself?  You’d be traumatized and scared. 

When I listened to the tape of the hearing deciding this event (December 3, 2002), I was stunned and horrified to hear Judge Howell, the Bank and my uncle’s attorneys coldly discussing their plans.  One lawyer laughingly said, “I do feel like the US Government, Your Honor.”  Judge Howell ask the Lawyers, “….this isn’t out of the ordinary is it (?)”The Lawyers rise to the occasion to defend their proposed action and back Judge Howell.   Judge Howell responded,  "I’m trying to cover myself …" and laughs.  Not even a passing thought was given as to how Gert might feel about it nor how much it was going to cost her.  Not one.   I faxed an emergency motion to Judge Howell begging him to protect Gert and asking for consideration of Gert’s feelings and the enormous and senseless cost to her. Judge Howell immediately denied my motion!  Once again, Judge Howell permits the Bank and the Lawyers to line their pockets with Gert’s money.  Unforgiveable!!!

You can help right this wrong.  Vote for a Judge who treats the elderly and helpless with dignity and respect.  Remember, we are all getting older.  Don’t vote for Judge “Foul” Howell. 

The English say, “Rain, sleet and snow can come through my walls, but NEVER, the King, MY home is MY castle!” The Bill of Rights is still the law in America.

Elaine Renoire

For more information, visit www.abusiveguardianships.com and click on “Vote for Justice”

Update:  Judge Howell won the primary by only 192 votes.  I  heard he lost in Loogootee but Shoals carried enough  votes to get him the nomination.  This website got hundreds of hits and people were talking ----- talking  about Banks and Lawyers taking advantage of the elderly,  talking about  the legal system not only failing  to protect the defenseless but actually  making it easy for the Banks and Lawyers to profit from the the  very members of society they have been court appointed to protect, and talking about how scary it is to  grow old and know you could be victimized, like my Grandmother, no matter how hard you try to protect  yourself from them.  

People like to think they've got golden years coming to them, that they've worked hard all their lives for  every cent they have now and their money will always be their money.  They like to think that getting  older doesn't mean they'll be vulnerable or preyed upon.  They like to think people wouldn't prey upon  them  in the first place, but even if they did, someone would protect them.   People want to feel safe.   

A few, very few, weren't outraged.  For those people who feel only one side of the story is being told, if  you live in Loogootee or Shoals Indiana, I invite you to read the court records.  It's all there and it's public  information.  The records speak for themselves, but if anyone has any questions at all, I'd be happy to  answer them.                                    elaine@abusiveguardianships.com

Another thing on peoples' minds was that the papers, The Loogootee Tribune, The Shoals News, and  The Washington Times Herald all chose not to publish any of the Letters of the Editor sent to them  during the primary.  So many people commented that the papers, all three of them, are very partisan  and "select" what is news rather than report on all the news.  Martin County wants to hear all of the  news. 

Judge Howell ran several 1/2 page ads weekly stating all his qualifications and his proclamation of  fairness and impartiality.  Not one 1/2 page ad, but several 1/2 page ads in each paper!!!Why aren't  the people who know him to be just the opposite from what he proclaims ----unfair and  partial ----allowed to be heard?  And what better forum than a Letter to the Editor?   

News always gets out, the papers should have thought of that.    In this case, not only did the story  of what happened to my Grandmother get out via the flyers and this website, but the story of how the  papers repressed the Letters to the Editor got out as well.

*****This flyer passed out door to door the week of October 27, 2004

VOTE OUT“FOUL” HOWELL

                                                Martin County,                            
                       Will you vote for R. Joseph Howell 
       knowing he allows Banks and Lawyers to get rich off
                                  the money of the defenseless? 

Judge Howell was elected by the voters of Martin County to represent their 
legal interests, yet he allowed the Bank and Lawyers to ravish and plunder 
Gertrude (Risacher) Fisher’s estate.

·        Howell assigned Guardianship of Gert’s estate to Knox County’s     
Old National Trust Bank even though Gert lives in Indianapolis in 
her daughter’s care.

·        Howell approved the Bank and the Lawyers’ exorbitant fees of 
approximately $130,000 from Gert’s estate.

·        Howell allowed the Bank to restrict Gert’s access to her own money. 
($400 a month budget for medicine, clothing, supplies, transportation, etc.)

·        Howell reversed Gert’s financial plans and decisions by allowing Old 
National Trust to bring all of HER funds to THEIR Bank where THEY 
profited from having her money – their gain, Gert’s loss.

·        Howell consistently favored the Bank and Lawyers’ interests instead 
of Gert’s.

Soon, when Gert’s funds are gone, she will be forced to go on Medicaid. 
The Taxpayers will bear the cost of her care while the Bank and Lawyers 
are off enjoying her money.

  “Foul” Howell failed to protect Gert from predators;
                           He won’t protect you either.
               Hold “Foul” Howell accountable!  Vote him OUT!!!

         for more information, visit www.abusiveguardianships.com and click on “Vote for Justice”
    (This flyer is paid for by E. Renoire & Friends & Family of G. Fisher and is not authorized by any candidate or candidate’s committee.)

Update:  Judge Howell was re-elected by about 500 votes, give or take a few.  Martin County has voted  overwhelmingly Democrat for as long as I can remember.   It speaks volumes that he only won by these  few votes in a community where Democrats traditionally walk over  Republicans like doormats.   

The word is getting out there.  We must continue exposing guardianships for being an abusive and  predatory tool, enriching Banks and Lawyers at the expense and detriment of innocent, defenseless,  and unwilling victims.