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Alice Gore Court Victim

New Jersey Passaic County Probate Victim Mary-Sudovar

Friend of Member Stewart Resmer

December 2011: Dear Editor RE: New Jersey’s Medical Proxy Directive

Dear Editor :

A medical proxy directive is intended to assure an individual that if she or he becomes incapacitated that there will be some one to make decisions on their behalf. While that seems reasonable enough, New Jersey law leaves individuals who are subject of a proxy at risk for fraud and abuse.

Here in New Jersey, there is no threshold to qualify that the proxy be of good character, nor be able to read, write or do basic math, why it has even been said that ‘Mr Wiggles the dog could obtain a proxy over another if he could get his paw print on the directive and two persons signed it as witnesses’.

The proxy as it stands in New Jersey today does not require that the signatures affixed to the proxy be notarized or filed in any court to be reviewed by any judge, or even reveal the existence of any such proxy for those who can demonstrate a bona fide need to know about the existence of the proxy.

Think of it, some one has life or death control over another and it is not subject to any courts checks and balances!

In the example of Mary Sudovar who is 101 years old, her daughter MaryAnn (Sudovar) Mirko, obtained a covert proxy witnessed by Mirko’s daughter MaryAnn (Mirko) Lazio, and daughter in law Dawn (Gormley) Mirko all residents of Wayne Township, who then after having obtained the proxy told no one else about its existence until such time as it was when Mary’s youngest daughter, Barbara, discovered that Mary was choking and had her rushed to Chilton Hospital ER and there after the proxy was used by Mirko against Barbara who when she discovered Barbara hand feeding Mary during her recovery saying “Don’t feed her! don’t feed her!”

Since then, Mirko has thrown her weight around to prevent Barbara from even visiting her mother, with Mirko using every excuse imaginable to discourage Barbara from seeing her mother Mary, an alleged incapacitated person. I use the word alleged because in New Jersey it takes two doctors to sign off on Mary’s incapacitation and in Mary’s case two doctors have not done so.

Mirko, in many instances, has exceed the spirit and intent of the medical proxy to Mary’s distinct disadvantage, for instance Mary has expressed the desire to live in her own home. Mirko exerts the proxy to say it is not in Mary’s interest to live in her own home even though Mary has health care workers to care for her at yet another daughters home where Mary is confined against her will, Kathleen (Sudovar) Proulx’s residence.

Mirko asserts the proxy to deprive Mary of food and liquids while at the same time she has in the past administered potentially lethal injections of morphine despite the fact the Mary has no known disease state what so ever, its just that Mary is on in her years and Mirko has access to morphine and has made the decision to administer the drug.

While all of this plays out Mary’s son Stephen G. Sudovar a past president of Roache labs, obtained a power of attorney from Mary signed in New Jersey but filed in Delaware wit no paper trail in New Jersey where Mary lives.

Speaking for myself, all of this is far too much power being taken by others in the affairs of another, even their mother when they stand to collect many thousands of dollars from the estate. It is time for the New Jersey legislature to revisit the medical proxy criteria to assure every one that there are checks and balances to protect the most vulnerable in our society that simply do not exist today in the medical proxy directive here.

~Stewart Resmer


 

Follow Mary Sudovar’s story, written by Carrie K. Hutchens and published on The American Clarion, starting in September 2012 with “Mary Sudovar: The Children at War.

“Life sometimes has unexpected turns that take us to situations we never supposed possibly to become our own. It could never happen to us…not us. I’m sure that is what Mary Sudovar once thought. Never her or her family, she might have thought, if ever a negative consideration crossed this special woman’s mind in the first place. So how did it come to be that the children she so loves are now at odds and the court system is involved?….”


The Record: Failure at 4Cs
Thursday, October 11, 2012
The Record

THOUSANDS OF residents in Passaic County depend on the work of non-profits, many of them agencies that perform miracles every day in helping lower-income families survive one crisis after another, one week to the next. Now we find that one non-profit that has played such a vital rule in shoring up the so-called safety net has also been less than responsible with government money it has been responsible for disbursing.

As Staff Writer Harvy Lipman reports, the 4Cs of Passaic County, which oversees day care in Passaic County, will lose $900,000 in state funding in order to make up for a retirement nest egg given to its former executive director and other “disallowed” uses of its financial support from Trenton. The state Department of Human Services, after an audit of the agency, ays 4Cs wasn’t permitted to use state funds for former director Mary Ann Mirko’s deferred compensation account.

Incredibly, the child-care oversight organization paid Mirko, its longtime leader, nearly $1.4 million for both her retirement fund and other fringe benefits from 2003 through 2010. Until her retirement in January, Mirko was one of the highest-paid non-profit executives in North Jersey.

Turns out nothing here was done illegally, but it’s about as wrong as you can get. Sadly, it is one more case in Passaic County where an agency or non-profit meant to do good, to help people in need, has instead compensated its high-ranking employees as if they worked for a multinational investment bank.

What, it is fair to ask, were board members who were supposed to be watching over the agency’s finances doing while all this taxpayer money was flying out the window, not to help people in need, but to pad an employee’s retirement package?

Keith Darragh, the current chairman of the 4Cs board, who arrived after the non-profit approved the last extension of Mirko’s contract containing the retirement payments, says 4Cs will have “to put this behind us and move forward as an agency.”

Unfortunately, 4Cs now not only has a money problem, it has a public relations problem. Darragh told The Record the 4Cs board is developing a fundraising plan to replace the lost funds. A reasonable person might ask why anyone should contribute to a non-profit that has shown itself to be so self-serving in the past. If Darragh and the board really want to move forward, they will ask for the resignations of any and all who approved the Mirko package.

This unsavory business involving 4Cs is reminiscent of the recent fallout involving the One-Stop Career Center in Passaic County, also heavily publicly funded, where a state audit revealed that two administrators had been getting overtime for several years despite being ineligible as salaried employees. Perhaps it should be stated more clearly: Non-profits that receive state funding are not entitled to spend money in freewheeling fashion.

Sadly, these are programs on which a large swath of the region’s population depends. Formerly known as the North Jersey Community Coordinated Child Care Agency, 4Cs had an operating budget in 2010 of $34.5 million. According to its audited financial statement, all but a few thousand dollars of its revenue comes from state and federal funds.

As The Record reports, 4Cs provides an invaluable service as the child-care resource and referral program for Passaic County. Among other programs, it oversees state and federal child-care voucher programs and runs the county’s referral service for parents seeking child care.

Now, thanks to this outrageous compensation for Mirko, as well as other misappropriations, 4Cs will see its state outlay drastically cut — by nearly $300,000 in each of the next three fiscal quarters. The worst part is that the penalty will not hit those who behaved so irresponsibly, but those who need the agency’s services the most.

*note

Mary Ann (Sudovar) Mirko mentioned here is Mary Sudovars oldest daighter.

ORIGINAL STORY NASGA NATIONAL ASSOCIATION TO STOP GUARDIAN ABUSE


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