Thursday, July 31, 2014

Casey Kasem's Daughter Battles "Silent Epidemic"

Kerri Kasem, the daughter of famed radio disc jockey Casey Kasem, is getting a crash course in lobbying.

She is crafting and proposing a bill in California that would allow adult children to petition probate courts to obtain an order granting visitation rights to ailing parents. Now, she wants to take her fight straight to Capitol Hill.

“This is a silent epidemic,” Kasem says in a phone interview.

Kasem and her siblings were involved in a bitter court battle with their stepmother to gain control of their father’s medical decisions when the “American Top 40” host died last month at age 82. Kasem claims, along with some of her siblings, her father’s family and best friends were all “kept away” from him. Although things have “settled down” since her dad’s death, Kasem acknowledges there was “so much drama” in the radio veteran’s final months.

“It’s not just a celebrity cause,” Kasem says, “This is happening to people all over the country. … I’m receiving hundreds of letters. … The letters keep coming in with stories, horrific stories, of people that have been blocked from their loved ones.”

The current laws in states across the country are “kind of working against the person who’s ill, and working against the family, and working against the person’s wishes,” she argues.

“There’s nothing right now on the books that allows a judge to say, ‘Let’s send a court-appointed attorney out to the ailing individual and ask if they want to see their kids.’

Full Article and Source:
Kasem's Daughter Goes After "Silent Epidemic"

California Senate Launches Aging and Long Term Care Committee

The California Senate has launched a new five-member Select Committee on Aging and Long-Term Care, HealthyCal reports.

California has the largest population of residents over age 65 in the U.S., according to HealthyCal. Further, about one in five Californians by 2030 is expected to be age 65 or older.

The state Assembly has a committee dedicated to aging and long-term care issues, but a similar Senate committee was disbanded in 2012.

Details of the Committee:
The new Senate committee will be chaired by Sen. Carol Liu (D-Glendale), who pushed to create the panel.

HealthyCal, the committee will focus on addressing:
Elder justice;
Mental health; and

Liu said her goals for the committee include:
Streamlining California's long-term care systems;
Educating the public about issues related to the state's aging services; and
Creating programs to address California's diverse aging population.

A joint hearing of the new committee and the Assembly's Aging and Long-Term Care Committee will be held on Aug. 12.

California Senate Launches Aging and Long Term Care Committee

Sacramento County to Revive Team to Examine Financial Elder Abuse

Sacramento County will reopen a financial fraud unit in January after reports of scams against the elderly have gone up dramatically since Adult Protective Services eliminated the unit several years ago.

From 2010 to 2013, annual reports of financial abuse rose from 873 to 1,330, a 52 percent increase.

The county disbanded the unit in 2009 because of recessionary budget problems, but supervisors this year responded to senior advocates and social service managers who urged them to address the rise in reports of financial crimes.

Adult Protective Services estimates the revived unit will have an annual cost of $660,000 for five investigators and a supervisor, and an unknown amount for administrative costs. Supervisors approved funding last month but delayed the start date until January because they said the county could not afford to fund a full year.

Supervisor Don Nottoli said he wants to increase funding for the unit if the county’s financial situation has improved when the board takes a final budget vote in September. “It’s a priority – a very high one,” he said. Full Article and Source: 
Sacramento County to Revive Team to Examine Financial Elder Abuse

Read more here:

Wednesday, July 30, 2014

MA Jury Hands Down $14m Negligent Care Verdict to "Send Message" to Nursing Homes!

A Massachusetts jury has awarded $14 million to the family of a nursing home resident who died due to a pressure ulcer, dehydration and other conditions linked to negligent care, according to local news reports.

The majority of the award — $12.5 million — is for punitive damages. Superior Court Judge Peter B. Krupp told the jury that punitive damages could be awarded to send a message to the nursing home industry as a whole, the Boston Globe reported Thursday.

Krupp's jury instruction is a point of contention in a forthcoming appeal, defense attorney Lawrence Kenney told the Globe.

Kenney represented Radius HealthCare Center, a nursing home in the town of Danvers, the newspaper stated. Radius resident Genevieve Calandro's multiple health problems — which also included uncontrolled diabetes and a urinary tract infection that had invaded her bloodstream — were discovered after the 90-year-old fell out of a wheelchair and was hospitalized in July 2008. She died the next month.

Radius, which now has closed, admitted Calandro received substandard care but denied this resulted in her death.

Full Article and Source:
Jury Hands Down $14m Negligent Care Verdict to "Send Message" to Nursing Homes

Alabama County Creates Task Force to Combat Elderly Abuse

Research shows seniors who experience abuse have a 300% higher risk of death and are more likely to have psychological issues. Sadly, elderly abuse is the fastest growing crime in Montgomery County.

Montgomery County law enforcement and the district attorney's office are hoping to change that.
District Attorney Darryl Bailey announced on Wednesday the creation of the Montgomery County Elder Justice Task Force.

Bailey says the task force will begin immediately to investigate and prosecute elder abuse cases.

The task force is made up of a special prosecutor along with an assigned investigator from the DA's office, along with other members representing the sheriff's office, police department, One Place Family Justice Center, Jones School of Law and other community agencies.

Officials say elder abuse happens in various forms, including neglect, physical, sexual, and financial.
According to authorities, the financial impact is enormous. Officials say the direct medical cost of violent injuries to seniors is in excess of $5.3 billion per year.

The loss to seniors who have experienced financial fraud is almost $3 billion every year.

Bailey tells us the Protecting Elders Act, which went into effect last year, created additional criminal penalties and gives the task force additional tools to prosecute these cases.

"It's going to take a lot more work and a lot more time, but I truly believe that this is going to pay off," Bailey said. "I know we are going to make a difference."

Officials say often, it's a family member who is doing the abuse. In fact, 90% of abusers are family members, making these cases even more troubling for the victims.

Full Article and Source:
Task Force Created to Combat Elderly Abuse

Attorney James Alan Langlais Indicted for Making False Statements to a Cobb County Judge

Cobb County Superior Judge C. Latain Kell.
An indictment returned by a Cobb County grand jury paints a picture of a lawyer's nightmare: missing a deadline for filing a motion in a lawsuit. Except in this case, the lawyer is alleged to have lied to the judge about having already done the work at issue, then falsifying documents to support his story.  

The lawyer named in the July 10 indictment is James Alan Langlais, a former partner in the environmental and land use group at Alston & Bird. A spokesman for Alston & Bird said he left in 2009.

At the time of the litigation described in the indictment, he was a partner with the Langlais Law Group, which he started with his wife.   But he has since left Langlais Law Group, a spokesman for the firm said.

Langlais was indicted on three counts of false statements, two counts of false writings, two counts of forgery and one count of theft by deception. The theft charge claims he took money from clients for legal services he allegedly didn't perform. All the other counts are based on two appearances before Cobb County Superior Court Judge LaTain Kell in January and February of this year.

Full Article and Source:
Lawyer Indicted for Making False Statements to a Cobb County Judge

Tuesday, July 29, 2014

A Loving Family Called "Kidnappers" for Taking the Heroic Action of Bringing Guadalupe Olvera Home

On September 22, 2010, (Ms.) Schultz kidnapped Mr. Olvera under cover of night and brought him to California. In disregard of numerous court orders, Schultz refused to return him to his home in Las Vegas, Nevada. Schultz is now in contempt of court and a bench warrant has been issued for her arrest." - Jared E. Shafer, Nov. 2, 2012

Had the family of WW2 hero Guadalupe Olvera followed Nevada law, their patriarch would not have been allowed to celebrate his 92nd, 93rd, 94th, and 95th birthdays with family and friends at his home in Santa Cruz County, California. He would have been confined to a rest home in Las Vegas after the death of his wife, and would probably have died by now of loneliness and neglect under the "guardianship" of Jared E. Shafer and his protégé Patience Bristol.

After the death of his wife Carmela, instead of staying confined in Las Vegas where he had no friends or relatives, Mr. Olvera asked his family in 2010 to move him back to California - against court orders - to spend the rest of his life with his only child Rebecca Schultz, her husband Bob, their daughter, and grandchildren. Since Olvera's rescue, one of his former court appointed guardians, Patience Bristol, was sentenced to 5 - 8 years in Nevada State Prison for exploiting the elderly while she was employed by Jared Shafer, who has not yet been charged with a crime.

Amazingly, Mr. Olvera's Las Vegas confinement and the bleeding of his assets were completely sanctioned by an unjust Nevada law inspired by Shafer, and under the orders of one of Shafer's cronies Clark County Family Court Guardianship Commissioner Jon Norheim.

Though Olvera was no longer receiving guardianship services from Shafer or Bristol, the court-approved financial bleeding from his bank accounts and other income continued for three and a half years after Olvera's move to California, a state where Shafer and Norheim have no jurisdiction.

Full Article and Source:
Under Color of Law, Exploiter-guardian Jared Shafer had a license to steal the 95th birthday of a WW2 Hero

See Also:
World War 2 Vet Celebrates 95th Birthday With Belly Dancer

NASGA:  Lupe Olvera, Nevada/California Victim

Private Guardians Jared E. Shafer and Patience Bristol Sue Blind Man for Libel, Now Ask Taxpayers to Pay the Bill

"Cowardy Callers" Steal Engagement Ring From 94-Year-Old

DETECTIVES are urging pensioners to be on their guard for doorstep callers after “cowardly” conmen stole an engagement ring from an elderly woman.

The men, believed to be in their 30s, called at the 94-year-old’s house saying they were from the water board.

The pensioner let them in, and after searching every room they left with a number of items of jewelry and the woman’s engagement ring.

The woman was able to give police descriptions of the men, which police hope will be recognized by members of the public.

“They told her they were from the water board, and that there was a problem with the pressure in the street,” said Det Con Claire Beach from Northwich Police.

“They asked if they could come inside and check her water pressure.”

“This was a cowardly crime where the perpetrators preyed on a vulnerable individual, and we are appealing for any witnesses who may have seen males in the area on this day fitting the descriptions,” said DC Beach.

Full Article and Source:
Cowardly Callers Steal Engagement Ring From 94-Year-Old

PA Common Pleas Court Judge Stephanie Domitrovich's Lawyer Wants More Time

Erie County Judge Stephanie Domitrovich is gearing up to fight not only the state Judicial Conduct Board's ethics charges against her, but also the board's request that she be suspended from the bench while the case is pending.

Neither matter, it appears, will be resolved anytime soon.
One of Domitrovich's lawyers, Leonard Ambrose, filed a request Thursday in the Court of Judicial Discipline in Harrisburg seeking more time to respond to the suspension request and the allegations against Domitrovich.
Ambrose said he needed an additional 10 days to respond to the suspension petition and another 30 days to file a pretrial motion in response to the complaint. He said he needed the time because of other court commitments and vacations.

He also said Domitrovich's legal team "is presently conducting an investigation into the allegations in the complaint." He has said the complaint is without merit.

The state Judicial Conduct Board's complaint, filed on July 7, accuses Domitrovich of bullying, demeaning and violating the rights of people who have come before her in court, mismanaging a former employee and providing misleading information to those investigating the ethics claims against her.

It said Domitrovich must be suspended while the case is pending to protect the public's trust in the courts.

Full Article and Source:
Domitrovich lawyer wants more time

See Also:
PA Common Pleas Court Judge Stephanie Faces Ethical Charges