Seeking Whereabouts of Son

Enne Currie is praying for a just result at a mental health court hearing. A paralegal, Currie has filed numerous legal documents trying to force the system to abide by its own principles. Among these are a demand for information on the whereabouts of her son, Dirul Lewis, a Writ of Habeas Corpus, and various objections to the outrageous abuses being committed for profit or retaliation.

Lewis has been a mental patient for many years. Enne says that Dirul's doctors experimented on him with drugs known to cause lethal interactions, including Zyprexa and Loxapine. A recent combination of drugs given in the hospital drove Dirul into a temporary coma. This combination was one that Enne, as Dirul's conservator, had expressly objected to, but which the doctors administered anyway.

Despite over 17 years of attempts to get her son the best care possible, the mental health community continually failed Dirul. Currie even filed a lawsuit seeking to protect her son's rights and health, but the case was dismissed because she was representing Dirul on her own.

Dirul Lewis was moved by his captors in the mental institution to an undisclosed location, and Currie's conservatorship was cancelled. No hearing or reason was given. When Currie objected, she says she was ignored or dismissed with comments like "He's been in this system for a long time."

Full Article and Source:
Prayer for Relief: California Mother Seeks Whereabouts of Mental Patient Son

DA Relinquished Control

The district attorney's office officially relinquished control of the conservators office to the social services department at a board of supervisors meeting. It had run the agency since 2001, in the aftermath of dealing with the Mary Gray Marr scandal of the 1990s. Marr, a conservator hired in 1991, was found to have embezzled nearly $800,000 from clients who could no longer care for themselves, according to District Attorney Todd Riebe.

Riebe: "The sheriff's office investigated for dozens of victims. Some $1.2 million was missing."

The DA's office has managed the once-floundering conservatorship back to stability, but has itself been hamstrung in some of its prosecutions by the nature of its dual role.

County Administrative Officer Terry Daly: "The DA's office has a conflict of interest when a client of the conservatorship becomes a (defendant) for the district attorney."

Transferring the conservatorship to social services eliminates the conflict of interest and the resulting costs, officials agreed.

Full Article and Source:
County transfers conservator's office from auspices of the DA to social services

The Brando Wills

A fraud suit filed by the ex-wife of Marlon Brando's son Christian is the third attempt in the past 18 months to prove that the executors of Brando's $22 million estate illegally obtained their power through a forged codicil to his will.

Deborah Brando is following in the footsteps of the actor's former caregiver Angela Borlaza, who alleged the codicil is a forgery in suits filed in June 2006 and August 2007, but has so far failed to get a judge to address the merits of her allegations.

The original will appointed longtime Brando retainers JoAn Corrales and Alice Marchak to administer his estate. The codicil –- dated less than two weeks before his death in July 2004 -- replaced them with former Hollywood studio chief Mike Medavoy, accountant Larry Dressler, and Avra Douglas (a friend of Brando's daughter Rebecca).

Christian Brando, who died Jan. 26, never challenged the authenticity of the codicil himself. But Deborah Brando claims she has standing to sue the executors because he assigned his inheritance rights to her in February 2007 as part of the settlement of a domestic violence case she filed against him.

Full Article and Source:
Third Fraud Suit Alleges Brando Will A Fake


The girlfriend of Marlon Brando's oldest son filed a lawsuit asking that all assets of his estate be held in trust for her.

Leah Donna Geon filed her suit in Los Angeles Superior Court against Anna Kashfi, an actress who was married to Christian Brando's father Marlon for several years in the 1950s.

Geon, who was Christian's companion over a four-year period and also goes by the name Donna Brando, alleges breach of a contract by Christian because he did not leave a will or trust in her favor.

Kashfi is the named defendant in the suit because she is the administrator of Christian Brando's estate.

She maintains Christian, who died last year of pneumonia at the age of 49, promised her that she would be provided for and receive all of his assets in the event of his death.

According to Geon's court papers, Christian did not have a relationship with his mother and had not seen or spoken to her for at least 25 years.

Geon's court papers also state that Kashfi, now 74, is believed to suffer from Alzheimer's disease.

Full Article and Source:
Girlfriend of Marlon Brando's deceased son files suit asking for son's assets

Guardian and Realtors Sued

A lawsuit claims that three adults placed under county guardianship were taken advantage of in questionable real estate deals.

Kenosha Human Development Services (KHDS) and employee guardian Jessica Cortez are named in the suit, along with Century 21 Savaglio & Cape Realty owner Frederick “Fritz” Cape, and real estate agents Charity Chiappetta and Sean Rosenmarkel. Two insurance companies also are named.

The alleged impropriety came to light after six lawyers, serving as legal guardians and advocate counsel, got notice of home sales involving their wards.

The suit alleges that Cortez conspired with Savaglio & Cape agents to fraudulently sell the homes of Rachel Anderson, Evelyn Crump and Steven Weston.

The homes reportedly were sold for between $20,000 and $32,000 under their assessed values, in one case within 24 hours of being listed for sale. At least one of the wards was in assisted living and set to return home when her house was sold.

The KHDS lawsuit also claims Cortez was negligent for disposing of the wards’ possessions without trying to sell them.

Negligence also is claimed against Chiappetta and her employer, and against KHDS for improperly training and supervising Cortez.

The suit seeks punitive damages, as well as double the value of the three properties, which is the state limit for real estate fraud liability.

Full Article and Source:
Trial date set in real estate fraud case

"Inherent Flaws" in the System

The former Brooklyn judge who appointed Steven T. Rondos to oversee at least seven of the guardianship accounts Rondos is charged with fleecing expressed dismay at the news in a phone interview.

Former Brooklyn Supreme Court Justice Leonard Scholnick: "I must say I am disappointed -- I just thought he was really one of the good guys. Nothing shocks me anymore."

A spokesman for the Office of Court Administration acknowledged that there had been some "inherent flaws" in the system for overseeing the work of guardians but said those flaws had now been corrected.

Rondos and the Brooklyn-based law firm Raia & Rondos have been indicted on charges of money laundering, grand larceny, a scheme to defraud and offering a false instrument for filing.

Rondos is accused of stealing from 23 victims, including mentally and physically impaired elderly people as well as children suffering from cerebral palsy due to medical malpractice at birth. On at least three occasions, when Rondos was confronted with the thefts, he stole funds from other victims to pay back his prior victim.

Full Article and Source:
Oversight Tightened After Guardian Thefts

See also:
Big-Shot Guardianship Attorney

Blagojevich Impeached

Gov. Rod Blagojevich was thrown out of office without a single lawmaker coming to his defense, brought down by a government-for-sale scandal that stretched from Chicago to Capitol Hill.

Blagojevich, accused of trying to sell Barack Obama's vacant Senate seat, becomes the first U.S. governor in more than 20 years to be removed by impeachment.

After a four-day trial, the Illinois Senate voted 59-0 to convict him of abuse of power, automatically ousting the second-term Democrat. In a second, identical vote, lawmakers further barred Blagojevich from ever holding public office in the state again.

Full Article and Source:
Rod Blagojevich is unanimously convicted, tossed from office

More information:
Rod Blagojevich Removed from Office

Blagojevich Removed From Power

Impeached Illinois Gov. Rod Blagojevich has been removed from office

See also:
Break The Silence Campaign

HB305 Adult Guardianship

HB 305 - Adult Guardianship
GENERAL BILL by Schwartz

Adult Guardianship: Creates "Uniform Adult Guardianship & Protective Proceedings Jurisdiction Act"; provides for applicability; provides for interstate communication & cooperation; provides duties of courts regarding appointing guardians or issuing protective orders; authorizes court to assess specified fees, costs, & expenses; provides requirements for proceedings conducted in more than one state; provides conditions for transfer of or acceptance of guardianship or conservatorship to or from another state; provides time limit on modification of guardianship or conservatorship; requires court to recognize guardianship & conservatorship orders from other states; provides for applicability of federal Electronic Signatures in Global & National Commerce Act.

Effective Date: July 1, 2009

Source:
Florida House of Representatives

Reforming Judicial Discipline Commission

After a tumultuous year in which the alleged misdeeds of two judges attracted national attention, the Nevada Supreme Court is entertaining suggestions for changes to the rules, regulations and practices of the Judicial Discipline Commission.

A special committee set up to review all aspects of the state’s court system, known as the Article 6 Commission, held a public hearing Jan. 15 on the system for filing complaints against judges and heard comments on changes recommended by a subcommittee established to study reforms.

No action was taken on the report or other Article 6 Commission business because not enough members showed up to reach a quorum.

Among the most pressing recommendations from the subcommittee were calls for increased transparency in the process and quicker disposition of cases handled by the commission.

Full Article and Source:
Changes to judicial discipline process studied

Sheriff and Lieutenant Sued

Sheriff David Grice and Lt. Ronnie Bowles in the sheriff’s office and the county’s insurer have been sued by a Linwood man who alleges he was wrongfully arrested in 2007.

According to the civil suit filed in Davidson County Superior Court earlier this month, Robert G. Maynard gained legal guardianship of his daughter, Tiffany Maynard Speaks, “on account of her mental incompetence” on March 7, 2007.

Later that year, on Aug. 14, the lawsuit alleges Bowles “wrongfully arrested … Maynard, solely on account of (Maynard’s) explanation to (Bowles) that (Maynard) and his wife had guardianship of … Speaks and that nobody else had any right to have … Speaks in his company or subject to his control without the authorization of (Maynard) or his wife.”

Bowles arrested Maynard for “resisting and interfering with an officer,” according to the suit. His case was dismissed after being tried in Davidson County District Court in 2008. Maynard is suing for injuries and damages in excess of $10,000 and to recover punitive damages.

Full Article and Source:
Sheriff, lieutenant named defendants in lawsuit

Addressing Budget Cuts

As Governor Pawlenty released his budget recommendations, AARP urged state leaders to find a balanced approach to protecting vulnerable Minnesotans of all ages from severe budget cuts.

State Director Michele Kimball: "Older Minnesotans have been among the hardest hit by the economic crisis, and we need to ensure that we maintain important health and long-term care safety nets at this crucial time. This crisis requires that we all work together -- at the state and federal level -- to ensure that our most vulnerable can be assured of basic needs."

AARP will be studying the Governor's budget proposal to determine the impact of the budget on consumers.

The bill includes important provisions for Minnesota, including:

* Much-needed funding for state health and long-term care programs
* Affordable health insurance options for those who have lost their coverage along with jobs
* A plan to improve health care for the 21st century, including better use of technology; enhanced funding for research on treatment effectiveness; and greater funding for nurse and primary care training
* More funding for unemployment benefits and job creation to put people back to work
* More funding for the Social Security Administration to meet its growing needs.

Full Article and Source:
AARP to State Leaders: Protect Vulnerable Minnesotans from Severe Budget Cuts

Big-Shot Guardianship Attorney

Big-shot guardianship attorney Steven Rondos was indicted on charges he stole more than $4 million from nearly two dozen incapacitated clients - including babies who were horribly crippled.

Rondos is accused of chiseling away at the loot so he could fancy up his $1.4 million home in Ridgewood, N.J. - landscaping, renovating his kitchen, and even installing his own home theater.

The scheme was so nefarious, it made Manhattan's gentlemanly district attorney, Robert Morgenthau swear - twice.

Rondos, 44, was the court-appointed guardian for 23 injured clients who'd received big payouts in medical malpractice lawsuits, clients who included cerebral palsy sufferers, frail seniors, and children injured at birth.

He should have been safeguarding their total $30 million in payouts, prosecutors said. After all, the money was supposed to provide for them and their medical needs for life.

In some instances, Rondos continued to steal money even after the victims had died.

Full Article and Source:
BROOKLYN LAWYER CHARGED IN $4M THEFT

More information:
Lawyer accused of ripping off elderly, kids

Lawyer and his firm indicted for allegedly stealing millions

Attorney Charged With Stealing Millions From Guardian Accounts

Baker Guardianship Ends

Norman Baker is no longer under a court appointed guardianship. The case has been settled amicably and Mr. Baker is now living on his own.

A retired firefighter, Baker now 82, found himself under guardianship in 2005. The Free Press did an article on the case: "How An Unwanted Guardianship Cost a Firefighter his Freedom & His Fortune"

The Fairfield County Probate Court has now terminated the guardianship, restoring Mr. Baker to competency and allowing him to regain his freedom and independence after nearly four years.

Mr Baker had unsuccessfully challenged the validity of the guardianship in both the Fairfield County Probate Court and then in the Ohio Fifth District Court of Appeals. He had also filed with the Ohio Supreme Court an accusation that the Probate Judge assigned to his case was biased against him. That challenge was summarily dismissed by Chief Justice Thomas Moyer.

Full Article and Source:
Guardianship of Norman Baker Ends

See also:
Guardian - Conservator

Unwanted Guardianship

Interview with Norman

Contempt Filed Against City

Dan Harkins, court-appointed administrator of the estate of Donald Staccia Sr., filed a contempt request against the city with the Clark County Probate Court.

Staccia died in 2003. The estate case revolves around whether his son, Donald Staccia Jr., legally had full control over his father's assets, including the right to sell some properties in the downtown hospital area to the city.

The contempt motion says the city hasn't complied with court orders, including to secure the buildings and maintain access to the properties.

Jerry Strozdas, city law director: "We responded to them promptly, so there is no basis for the contempt citation."

The next hearing on the case is scheduled for Feb. 5.

Full Article and Source:
Estate administrator seeks contempt against city

Alleged Public Corruption

News of President Judge Mark Ciavarella's resignation comes hours before federal prosecutors hold a news conference to discuss the results of an investigation of alleged public corruption at the Luzerne County Courthouse.

Agents with the FBI and IRS will join Acting U.S. Attorney Martin Carlson at the news conference in Scranton.

The investigation has been public knowledge for several months as federal agents have served search warrants and subpoenas on several courthouse offices.

Full Article and Source:
Judge steps down ahead of federal probe findings

More information:

Judges Mark Ciavarella and Michael Conahan are accused of using their position on the bench to steer kids to a juvenile detention facility.
No Shortage of Reaction to Charges Against Judges

A youth advocacy group said it is contemplating a federal class-action lawsuit against a judge accused of taking millions of dollars in exchange for placing juvenile offenders into privately owned detention facilities.
Civil suit threatened against implicated Pa. judge

Timeline traces corruption charges

Granny Snatching Bill

North Dakota could become one of several states enacting a uniform law that’s designed to decrease legal battles across state lines among families of elderly or incapacitated persons — cases that often involve control of large estates or fortunes.

Senate Bill 2074 involves how courts will determine which state can appoint a guardian or conservator if there is a conflict and how such guardianships or conservatorships can be transferred from one state to another.

The AARP was among those testifying Monday in favor of the bill.

Source:
N.D. POLITICS: Legislative appointments... Granny-snatching bill:..Human trafficking ban....Withholding limit OK’d

More information:
Senat Bill No. 2074 (pdf)

See also:
Granny Snatching

Granny Snatching - Another Side

ABA Seeking Stories About Multi-State Guardianships

Embezzled Grandparents

James and Anne Morgan had always been frugal.

He managed the parts department at an auto dealership. She ran the household. As the couple eased into their 90s, they had saved almost $500,000 to cushion their old age.

Connie Gay Cole, in her mid-40s, never worked much. But that didn't stop her from frittering away money on fancy pickup trucks, speedboats and gambling junkets.

Unfortunately for the Morgans, their nest egg bankrolled Cole's spending spree.

It wasn't hard for Cole to gain the couple's confidence.

They knew Cole so well and trusted her so much. And why not?

She was their favorite granddaughter.

Today, the Morgans and Cole are penniless. The Morgans live in nursing homes and the state pays for most of their care. Cole is in prison.

Full Article and Source:
Woman embezzles life savings from grandparents

More information:
Clackamas County Sheriff's Office investigates elder-abuse case

Mac woman gets 6 years for elder abuse

Lawyers Indicted in Ponzi Scheme

Two Fort Lauderdale attorneys have been indicted in a nearly $1 billion Ponzi scheme known as Mutual Benefits.

Mutual Benefits dealt in viaticals, buying life insurance policies from the terminally ill, elderly and people with AIDS. It made money if the policyholder died ahead of actuarial schedules or on time. The company described the investment as safe enough for investors saving for college or retirement.

Michael McNerney handled almost all of Mutual Benefits' legal matters, and his firm Brinkley Morgan Solomon & Tatum served as closing agent on investment transactions, according to the 25-count indictment filed Dec. 23. McNerney left the firm in early 2006. The law firm is not charged in the indictment.

Prosecutors say Anthony Livoti Jr. was "purportedly responsible for safeguarding investor monies set aside to pay policy premiums and for actually making premium payments."

Both lawyers are charged with money laundering and wire fraud conspiracy. Also charged are executives of the defunct Mutual Benefits: brothers Joel Steinger and Steven Steiner. Another brother linked to the company, Leslie Steiner, died of pancreatic cancer.

Nine other officials connected with Mutual Benefits have pleaded guilty and been sentenced to prison, including company president Peter Lombardi, who is serving a 20-year term.

Full Article and Source:
Lawyers' Indictment in Huge Ponzi Scheme Shocks Legal Circles

Attorney Honored

Attorney Elise White was awarded the Citizen Meritorious Conduct Award by Tom Cassidy, Lincoln police chief.

White: “It began when I was contacted by Adult Protective Services. They had received a complaint from a woman’s extended family regarding abuse and neglect. They were worried because she was missing and they believed she was in Mexico."

With this type of case, White serves as both attorney and guardian for the person. White was on the case immediately. First she got herself appointed as conservator so she could freeze her client’s assets.

White flew to Mexico. White made contact with the American Embassy in Mexico City. A representative of the U.S. government flew to Mexico to go with them the next day.

They spent the night at a hotel using the time to arrange for travel back to the United States.

White got her client home. She placed her in a hotel for a week as the women’s house had not been lived in for three months and was not fit for occupancy. White was able to get her into an assisted living facility.

White said her client was exploited for approximately $70,000.

White’s practice specializes in the areas of family law and elder law. “There are people out there who will take advantage of the elderly. Watch out for elderly relatives.”

Full Article and Source:
Attorney honored for work in helping an elderly woman who had been taken out of the country

Inheritance Case Could Break Legal Ground

Patricia J. English is very much alive, but that hasn't stopped her kids from squabbling over who gets the 78-year-old Scottsdale woman's house when she passes away.

In a Maricopa County Superior Court complaint that could break legal ground in Arizona, Robert Jaeger says his brothers and sisters persuaded their mom to revise her will to cut him out. He is seeking more than $1 million in punitive and compensatory damages, far more than English's home is worth.

Legal experts and advocates for the elderly say the case could further erode the rights of older Americans, who face increasing challenges to their independence.

Arizona law is silent on the issue of whether a person can be sued for interfering with an expected inheritance. A few states provide for such a tort, but only Maine and Florida allow claims while the estate owner is alive.

Full Article and Source:
Valley inheritance case imperils rights of elderly

End of Life Decisions

In the absence of a living will, Judge Edward Reibman can decide whether someone lives on a respirator in a hospital room or dies at home with friends.

He wrestles with his decisions, wondering if his rulings reflect his own end-of-life preferences or the little he knows about the wishes of the person he's charged with deciding for.

Reibman: "I'm sitting there on the bench, I'm supposed to make this decision based on the law, a sound rational decision. How do I make sure that my own biases don't dictate that decision?"

His search for answers led him to convene a panel, a talk that those who attended said probably will be the first of many. Reibman called together doctors, lawyers, religious leaders and court-appointed guardians, all charged with helping make decisions for others. They all agreed on one thing -- the right choices are seldom clear.

The number of guardianship cases in Lehigh County increased from about 100 in 2005 to 123 two years later. But Reibman and other court observers say the cases are becoming more complex in a time of advancing medical technology and shifting social realities.

The number of petitions filed by family members in guardianship cases is decreasing.

Janet Woffindin, director of operations for Orphans Court: "The the vast majority are initiated by hospitals, nursing homes, or agencies on aging and mental health, with officials searching for someone to make decisions on behalf of an elderly resident."

Full Article and Source:
Lehigh County judge's panel wrestles with end-of-life decisions

Conflict of Interest

The Supreme Court has found that attorney James Kawachika — a past president of the Hawai'i Bar Association — was in a conflict of interest when he acted as court-appointed "master" reviewing liquidation of the Damon Estate's $1 billion in assets.

The high court also faulted state Probate Court Judge Colleen Hirai for allowing Kawachika to continue serving as master in 2004 despite objections from Damon heir Christopher Damon Haig.

Kawachika's law firm, Reinwald O'Connor & Playdon, was representing the estate in two civil lawsuits when Hirai appointed Kawachika in May 2004 to review the estate's business activities during the years 1999 through 2003. That was a critical period for the Damon Estate, when trustees sold some $500 million in local bank stock and another $400 million in real estate holdings and prepared to distribute the cash to heirs of the family fortune.

The law firm's representation of the estate at the same time Kawachika worked as master created a situation in which his "impartiality might reasonably be questioned."

Full Article and Source:
Damon Estate 'master' faulted

Legal Help at Clinic

Doctors don't generally want lawyers practicing in their offices, but a new program at the Kentucky Clinic is bringing the two professions together.

The idea is to improve children's health by making sure they have access to a lawyer when they need it.

Called Child Advocacy Today, the program is one of a growing number of programs bringing doctors and lawyers together and the first to open in Kentucky. The idea started in Boston and has spread to medical centers across the United States.

Attorney Jan Clark opened the office at Kentucky Clinic in November. So far the program has handled 29 cases, most of which involved applications for Medicaid or the Kentucky Children's Health Insurance Program, which provides health insurance to children whose families make too much for Medicaid.

Clark: "Sometimes the help is as simple as guiding parents through the bureaucrat-ese of Medicaid forms. Other times it is more complicated."

Full Article and Source:
Legal help now offered at Ky. Clinic

Stolen Social Security Benefits

Robert lived in a nursing home. His only source for something special — maybe a birthday gift, clothes, a different meal — was $30 a month in leftover Social Security benefits.

People like Robert were supposed to be able to get that money through then-Buchanan County Public Administrator Bonnie Sue Lawson. Instead, the FBI so far has confirmed that Ms. Lawson stole Social Security benefits from 140 clients totaling $133,987.

Bill McMurray, the current public administrator: “She took $1,030 from Robert. Robert is deceased. He’ll never get that money back. After a while, this just becomes very difficult.”

The public administrator’s office generally handles public benefits and other finances for people who are too incompetent or incapacitated to do it for themselves. The federal indictment only confirms what happened in one aspect of the office’s finances — Social Security benefits.

McMurray: "I have reason to believe from reliable sources that this $133,987 is the tip of the iceberg. My feeling is that Social Security should reimburse all of these people and work it out with Bonnie to pay it back."

Full Article and Source:
Task turns to getting back stolen benefits

More information:
Lawson agrees to plead guilty

Lawson admits taking $118,000

Still A Mess

Countersuit Denied

Joey Bishop's live-in companion, who was with him for his final eight years, won a round in her lawsuit against the comedian's former lawyers after a judge ruled that one of the attorneys cannot countersue her on allegations of financial elder abuse.

Reversing the tentative decision he issued Jan. 12 in favor of attorney Ed Gregory Hookstratten's motion, Los Angeles Superior Court Judge Ralph W. Dau ruled instead in favor of Nora Garibotti, the plaintiff in the case who argued that any countersuit should have been filed earlier.

Court papers allege that handwritten notes were the direct result of undue influence exercised by the caregiver, Garibotti, on the severely demented and incompetent Joey and therefore constitute financial elder abuse.

The final ruling was handed down three days after Dau had taken the motion under submission. The judge did not give an explanation for the his change of heart or his overall reasoning.

Full Article and Source:
Late comic Bishop's companion wins court ruling

More information:
Suit against late comic Bishop's companion can proceed

The 'Hot Dog' Estate Battle

A bitter estate battle over the company that makes Johnston County's trademark fire-engine red hot dogs troubles the faithful leaving Cricket Grill with grease-stained paper bags stuffed with their lunchtime favorite.

The dispute over the estate of John "Buck" Jones, the majority shareholder and president of Carolina Packers, centers on who will control this home-grown culinary institution -- the widow Jones named as his sole heir just before he died or the three longtime employees who friends say in court documents Jones hoped would run the company.

At issue are his state of mind in his final days, his stormy relationship with his wife and the trail of wills he left behind.

Joe McLeod, the executor of a will that names the longtime employees as beneficiaries, claims in a lawsuit that Jones' wife of 47 years, Jean Lassiter Jones, coerced her husband into leaving her control of the company in a new will made a month before he died. At least one of the three employees is backing the suit filed by McLeod, who was the Joneses' accountant. McLeod is pursuing the case to uphold his client's wishes, his lawyer said.

Jean Jones is defending the final will, insisting that her husband's last-minute change of heart was sincere.

Full Article and Source:
What did the hot-dog man will?

More information:
Legal Battle Over Who Controls ‘Carolina Packers’ Hot Dogs

Proposed Law to Increase Transparency

A proposed new law in the state legislature is aimed at increasing the transparency of the juvenile courts in cases related to Child Protective Services. The law, the Christopher McIntyre law, will make the court documents for any CPS case involving a fatality or near fatality publicly accessible.

This issue first came to light in 2007, when the bodies of Ariana and Tyler Payne were discovered by investigators in a storage facility. Both children and their parents had been investigated by CPS, but their efforts failed to prevent the deaths of the two children. The question remained, did CPS do everything they could to prevent the deaths?

The answer would be located in the CPS records and the court documents, but both were kept secret until last year.

State Senator Jonathan Paton proposes this new bill to change that, and force the files open so that the public can see the real stories.

Full Article and Source:
New law opens CPS cases to public

The Boomer Burden

With the number of Depression-era parents dying at a rate of 4,500 a day, the issue is of growing importance, as pointed out in the book, "The Boomer Burden: Dealing with Your Parents' Lifetime Accumulation of Stuff."

Author Julie Hall, who also is known as "The Estate Lady," shares her own experiences and offers advice — including how to prevent scammers from capitalizing on a family's bereavement.

The author covers how surviving family members are finding the shear volume of family heirlooms, collections like stamps, trading cards and artwork as well as household goods overwhelming. The process of wading through those belongings only adds to the grief.

Sound estate planning can avoid those prized possessions from turning into touchstones for Carrington-esque family conflicts, legal experts advise.

Full Article and Source:
What boomers leave behind

www.TheBoomerBurden.com

Federal Suit Against CPS

Fresno County's Child Protective Services is facing a civil suit in federal court stemming from a case back in 2004. The suit claims a little girl was severely beaten by a woman that CPS helped establish as the girl's legal guardian, despite knowing the woman, Bertha Gonzales , had a history of abuse against her own children.

The little girl was beaten and suffered a broken leg, and then sustained another beating that left her with brain damage. Gonzales has since gone to prison for the beatings.

KSEE 24 News did not get a response from CPS when asked about the case.

Full Article and Source:
CPS faces lawsuit in another child abuse case

KSEE Video

Neglected to Death

A man is now charged with murder, accused of neglecting his 73-year-old mother and causing her death.

He was her sole caretaker. At the time of her death in June, investigators say she weighed just 63 pounds.

The details are disturbing. According to investigators, she had not been bathed in a year, and she had not been moved off the couch for the last eight months of her life. She was severely malnourished and her body was infected. Pictures show the conditions Catherine Mukdsi was living in. Investigators say there was a blanket she used. It appears to have kept the outline of her small body. The day she died, her son, Christopher Mukdsi placed her in a wheelchair and removed her clothing that was covered in feces and urine, and then attempted to clean her up with a garden hose.

Genesee County Prosecutor David Leyton: "It's a case of severe neglect turned into horrific abuse that ended in murder.

Genesee County Sheriff Robert Pickell: "She was living in a death camp."

Full Article and Source:
As sole caretaker, man had abused, neglected 73 year old

More information:
Man faces felony murder charge in case of mom kept in 'death camp'

Prosecutor: Woman, 73, neglected to death by son

Mandatory Reporter Fired

Lora Washburn thought she was doing the right thing when she told state inspectors about the abuse of an elderly resident at the Iowa nursing home where she worked.

But Washburn was fired a few days after making the report. Her boss at Montrose Health Center accused her of trying to intimidate a co-worker into giving state inspectors information about the alleged abuse. The co-worker, who has admitted under oath that she downplayed her report to the state to protect the nursing home, has since been promoted.

Washburn says this isn't how it's supposed to work. Under Iowa law, all health care professionals are considered "mandatory reporters," meaning they must report cases of suspected dependent-adult abuse. Failure to do so is a crime — at least in theory.

But state officials say there is no record of anyone being convicted of violating Iowa's mandatory-reporter law during the past 10 years. The last known conviction was in 1997, and that resulted in a $50 fine.

Gerald Jogerst, a University of Iowa researcher who has studied elder abuse: "That doesn't surprise me. I don't think there are really any teeth in that law. It's just paper. I think we've proven that in Iowa."

Full Article and Source:
Health workers who ignore abuse rarely punished

Torn Apart

The author of “Torn Apart” lost touch with his brother and sister in what’s known as a closed adoption. His siblings’ records were sealed and he wasn’t allowed to have any contact with them.

But more and more, child welfare experts say that siblings—in most cases—should be able to stay connected both during foster care and after they’re adopted. That means trying to have siblings adopted into the same family, and, if that’s not possible, setting up an open adoption so that they can remain in contact.

If you’re trying to stay connected with your siblings, it’s important to know what’s happening with your case and to speak up about your wants and needs. Here are a few tips:

• Stand up for yourself. Caseworkers, judges and lawyers must listen to you and consider what you want when it comes to placement and adoption. And a new federal law now requires agencies to make reasonable efforts to place siblings together in foster care.

• You always have the right to ask questions about your siblings, and you should. If it’s not possible for you to be placed with your siblings during foster care, your agency should set up sibling visits and cover transportation costs so that you can keep in touch. If that’s not happening, tell your lawyer (and the judge at your next permanency hearing).

• Your lawyer is your advocate. Stay in touch with him/her, keep repeating your wants and needs, and if you feel like you’re not getting what you need, speak up.

• If you find out that you or your siblings are being adopted, ask whether an open adoption is possible. If it’s not, try to make a plan with your siblings for staying in touch. (If you have access to a computer, e-mail or MySpace can be a good way to do this.)

• If you’ve been separated from siblings through a closed adoption, you may still be able to reconnect with them. Laws vary state by state, but generally once your siblings have turned 18 (or in some states 21), you are legally entitled to search for them.

• Just make sure that you’re emotionally ready to start that journey. Joe Soll, director of Adoption Crossroads (a nonprofit organization for people dealing with family separation due to adoption or foster care), suggests reading up and joining a support group six months before beginning your search for family so that you are as prepared as possible for the strong emotions that can come up.

• For information on support groups in your state, visit the Adoption Crossroads website at http://www.adoptioncrossroads.org/and click on “search support sites.” Some of these groups can also help you with your search.

Full Article and Source:
FCYU Represent Feature Story

Write a letter in response to this story. If selected, your letter could be published in the next issue of Represent

Companionship Program

Elderly and incapacitated residents who have become wards of Probate Court often spend days alone, except for the professional visits from nursing home staff members or doctors.

Probate Judge Yvonne Rodriguez said they are often lonely and want little more than someone willing to spend some time with them.

She's hoping to help make her court's wards' lives better through a new companionship program.

Rodriguez: "We're asking for volunteers from the community who are willing to make a commitment of at least an hour a week or every two weeks to visit with my wards who have nobody to celebrate with, or to give them a card on their birthday, give them a candy cane on Christmas."

Wards of the court currently receive one annual visit from court volunteers through its court visitor program.

Rodriguez said she wanted to start the companionship program to increase the emotional and social support they receive.

She said there are up to 300 people in her court who could immediately benefit from the program.

Full Article and Source:
Companion program started for court wards

Guardianships of the Elderly

By Brenda K. Uekert and Thomas Dibble

Excerpt:

Guardianship is a relationship created by state law in which a court gives one person or entity (the guardian) the duty and power to make personal and/or property decisions for another (the ward). Guardianships were designed to protect the interest of incapacitated adults and elders in particular. Yet Congress, national advocacy organizations, and the media have increasingly highlighted the use of guardianships and conservatorships as a means to further exploit older persons. The ease at which guardianships are granted, the lack of court oversight, the questionable qualifications of guardians, the general lack of accountability, soaring caseloads, and poor data management make the guardianship system primed for further abuse, neglect, and exploitation of elders. However, recent developments suggest a new era in court leadership, technology, and innovative practices that have the potential to vastly improve court assignment and monitoring of guardianships.

In the article:

Purpose of guardianships
Abusive guardianships that often exploit the elderly
Major issues with guardianships
Capacity
Financial Costs
Training and Education
Court Monitoring
Recent Developments
Technological innovations
New Resources
Recommendations

Guardianships of the Elderly - Past Performance and Future Promises

"Ashland County Needs Heartland"

People gathered to protest the closing of Ashland County's Heartland Home.

The Ashland County Commissioners voted to close the home due to budget cuts in the county's general fund. But, some area residents aren't going down without a fight.

Trudy Bays is one protester who has guardianship over her cousin who is a resident of Heartland Home. Bays says many residents do not have family outside of Heartland Home.

Source:
People Protest For Heartland Home

More information:
Heartland Home closing / Struggling with finances, commissioners decide to shut down facility

County commissioners announce Heartland Home will close

Heartland employees question county / Workers ask commissioners about future of home

Heartland Home Braces For Possible Cuts

Crash Course in Police Work

NH - A crash course in police work will be offered at no charge during the second annual Citizens Police Academy, sponsored by Crime Stoppers and hosted by the city's police department.

"Everyone wants to know what police officers do," said detective Tom Grella, who serves as the department's juvenile prosecutor and Crime Stoppers police coordinator. "Often the public's only contact with police officers is when they need them."

Proof is found in the agenda which shows most classes offering a combination of classroom study, demonstrations of police gear and operations, and a tour of a law enforcement facility. Participants will tour the Portsmouth, Newington, Greenland, Rye and New Castle police departments, visit the Rockingham County House of Corrections, Coast Guard headquarters and meet with District Court Judge Sawako Gardner. They'll also see demonstrations of Breathalyzers, Tazers, radar and the city's police dogs, bicycles and motorcycles.

Grella said participants in last year's Citizen's Academy included college students, business people, a bartender, senior citizens and family members of city police employees.

Grella: "This can help make their own communities crime free. They can learn from us, and us from them."

The 8-week academy includes sessions on March 18, 25, April 1, 15, 22, 29 and May 6. Participants are expected to attend two hours in a court as observers and four hours of ride along with an officer.

A graduation ceremony is May 6 and certificates of completion are awarded.

For more information, call Grella at 610-7429

E-mail inquires to Citizenspoliceacademy@pd.cityofportsmouth.com

Visit the Crime Stoppers Web site

Source:
8-week academy offers citizens sample of police work

Adolf Hitler Taken From Parents

According to New Jersey police, the state's Division of Youth and Family Services took Adolf Hitler and his two sisters, one-year-old Joyce Lynn Aryan Nation Campbell and 8-month-old Honszlynn Hinler Jeannie Campbell, from their parents' home.

Little Hilter and his parents got their first fifteen minutes of fame after a New Jersey supermarket refused to put his name on a birthday cake.

The reason why authorities took the children is unclear.

Full Article and Source:
Adolf Hitler Campbell Taken From Parents By Police

More information:
Protecting Adolf Hitler Campbell

Adolf Hitler, Sisters Taken from Parents' Home

Cops Take Away 3-Year-Old Adolf Hitler

Adolf Hitler Campbell custody hearing postponed

Little 'Adolf Hitler' Denied Birthday Cake at New Jersey Grocery Store

Judges Will Take Pay Cuts

More than 60 percent of Connecticut’s 117 probate court judges would take pay cuts totaling $2.1 million across four years under a plan offered by judges to stabilize probate finances.

Probate Court Administrator Paul J. Knierim outlined a four-point plan that also would encourage voluntary consolidation of probate districts, centralize oversight of individual court budgets, and establish a probate appellate system to hear appeals.

The plan, endorsed by more than 80 percent of the Probate Court Assembly, also seeks a $5 million bailout from the state’s General Fund to stabilize a statewide probate system deficit.

Knierim: “The judges took a hard look at the system."

Shelton Probate Judge Fred J. Anthony, president-judge of the assembly: “The probate judges understand the depth and complexity of this crisis and have proposed a realistic, cost-effective way to resolve it.”

Probate judges are elected to four-year terms by voters in the towns they serve. Besides helping families settle estates, probate courts make decisions about guardianships for the mentally ill or mentally retarded, whether to commit such patients, and about termination of parental rights.

Full Article and Source:
Probate judges say they’ll take a pay cut to try to stabilize system

More information:
Probate reform must be on agenda

Probate court reform plan released

Probate judges seek $5 million from state

Judges' Plan A New Bid To Preserve Bloated Probate System

See also:

Probate System Going Bankrupt

Closed / Sealed Records

NASGA Poll Results

Man Missing - Blood Found

Update:
Wichita Police Department detectives were notified by Harvey County Sheriff's Office deputies that they had located the vehicle belonging to Mr. Marcus Booker. Mr. Booker, who had been missing since Saturday, January 17th, was deceased inside his vehicle on a county road north and west of Hesston. WPD homicide detectives who traveled to the scene say foul play is not suspected. Both Wichita Police detectives and deputies from the Harvey County Sheriff's Office continue their investigation into his death.
Missing Man Found Deceased in Car

KS - Police are asking for the public's help in finding a 30-year-old man who hasn't been seen since January 17th.

Police say Marcus Booker last contacted his family in the afternoon on the 17th when he sent a text message to them indicating that he might harm himself.

A man fitting his description was seen that same day at the Kechi Township Cemetery in the 6500 block of N. Hillside. Kechi police officers found blood at the grave of Booker's grandmother.

A Harvey County Sheriff's Deputy was dispatched to a field north of Newton where someone found a cell phone which belongs to Booker.

Anyone with information on Booker's location is asked to call the Wichita Police Department at 316-268-4181, or Crime Stoppers at 316-267-2111 or 800-222-TIPS.

Tips can also be sent via cell phone text message by texting the word TIP217 followed by the tip to the number 274637 (CRIMES), or by submitting a tip online at the Crime Stoppers website, http://www.wsccs.com/

Source:
Wichita Police Seek Missing Man

Magellan Won't Pay

One and a half years before Robert Hawkins' mass murder and suicide at Von Maur, a counselor recommended sending the troubled teen to a locked psychiatric treatment center.

But the state's Medicaid administrator refused to authorize the treatment.

Hawkins never went.

That denial shows how hard it can be to get children mental health treatment through the state's Medicaid managed-care program, created to contain taxpayer costs.

Some troubled children worsen as they wait for treatment or get less intensive, less expensive treatment than recommended by mental health professionals who evaluate them.

The public would be alarmed if children with physical ailments were treated this way, said Douglas County Juvenile Court Judge Vernon Daniels.

Daniels: "Look at this as a cancer that is growing, and you're not administering treatment that could slow the growth or stop the growth. That's what's happening here."

The Nebraska Department of Health and Human Services pays a for-profit company, Magellan Behavioral Health, to authorize mental health services for more than 25,000 state wards, low-income or disabled children. Some middle-class children become wards to get services their insurance won't cover.

Magellan spokeswoman Tami Schmidt: "Our role is to help people to get access to services, despite that people think in some cases we're a barrier."

Magellan serves as an HMO, deciding which medical services to give patients.

The reason?
Magellan denied 14 percent of requests for all long-term residential programs in 2007, or 199 months of treatment.

It saved more than $1 million.

A guardian who has dealt with Magellan summarized the balance the company tries to strike: "They are hired to police our tax money, so they're penny pinchers. At the same time, the children who fall through the cracks are not receiving adequate care because Magellan won't pay for it."

Full Article and Source:
Nebraska system leaves many frustrated in search for mental health treatment

Theft by Swindle

Courtney Fultz's grandmother had already given Fultz her house in West St. Paul free and clear, according to court documents. Then the 33-year-old woman allegedly tried to get her grandmother's condo put in her name and took more than $77,000 from her grandmother's certificate of deposit.

Fultz is being prosecuted by the Ramsey County attorney's office's new elder abuse unit. She was charged Tuesday with felony theft by swindle. She is scheduled to appear in court Feb. 19.

Full Article and Source:
Woman charged with swindling West St. Paul grandmother

More information:
St. Paul Woman Charged After Allegedly Stealing from Ill Grandmother

West St. Paul woman charged with swindling her grandma out of nearly $80,000

Trust Fund for Tortured Teen

A Sacramento judge gave a nonprofit law firm the go-ahead to start a trust fund for a teenager who in December escaped from a central Tracy home where he said he had been held prisoner for more than a year.

Donors from around the world have helped raise $34,000 for the boy identified in court records as Kyle R., who made headlines when he appeared bloodied, emaciated and shackled at In-Shape Health Club begging for help.

Sacramento County took protective custody of the 16-year-old boy, who has been a ward of the state since his mother died several years ago. His former legal guardian is one of his four alleged captors, who police say drugged him, beat him and chained him to a fireplace for as many as 18 months.

The teen is now one of 5,000 children in the care of Child Protective Services in Sacramento County.

Full Article and Source:
Fund OK'd for tortured teen

See also:
2008 Top Stories

Vulnerable Adults Justice Project

Dozens of groups representing elderly Minnesotans are pushing for more awareness and tougher laws for elder abuse.

The Vulnerable Adults Justice Project lobbies for tougher laws for people who prey on elderly people. They hope to introduce new legislation by mid-February.

Leaders said the new legislation would be a comprehensive overview to the Vulnerable Adults Act which was first passed in 1980, and ask that the term "functional adult" be redefined.

People working on the legislation said they would also like to change the way endangered adults are looked for when they go missing. They would also like to see a uniform system for reporting crimes against elderly people.

The legislation being proposed would not require any additional state funding, as Minnesota is fighting a budget deficit. The public awareness campaign is being funded privately.

Full Article and Source:
Groups Fight For More Awareness Of Elder Abuse

Largest Qui Tam Settlement in U.S. History

Eli Lilly and Company announced it has agreed to plead guilty to criminal conduct and to pay more than 1.4 billion in criminal and civil fines, penalties and damages arising from allegations made in multiple whistleblower lawsuits that the pharmaceutical giant defrauded Medicare, Medicaid and other government-funded health care programs in connection with its market practices for its blockbuster atypical antipsychotic, Zyprexa. The settlement is the largest qui tam settlement in U.S. history.

Lilly engaged in a nationwide campaign to market Zyprexa off-label for untested and unapproved uses and, as part of that campaign, Lilly minimized and misrepresented the dangers of Zyprexa, placing company profits above the public safety according to two qui tam Complaints filed by whistleblower attorneys Brian Kenney and Tavy Deming.

Full Article and Source:
Eli Lilly Pays a Record $1.4 Billion to Settle Federal and State Fraud Investigations into Illegal Zyprexa Off-Label Marketing Practices



Video Source:
Eli Lilly's $1.4 Billion Crime

More information:
Eli Lilly Owes $1.4B Over "Off Label" Use

Eli Lilly in $1.4B Zyprexa settlement

Suspending Funds Owed

Reporting from Sacramento -- The state will suspend tax refunds, welfare checks, student grants and other payments owed to Californians starting Feb. 1, Controller John Chiang announced Friday.

Chiang said he had no choice but to stop making some $3.7 billion in payments in the absence of action by the governor and lawmakers to close the state's nearly $42-billion budget deficit. More than half of those payments are tax refunds.

The payments to be frozen include nearly $2 billion in tax refunds; $300 million in cash grants for needy families and the elderly, blind and disabled; and $13 million in grants for college students.

Full Article and Source:
California controller to suspend tax refunds, welfare checks, student grants

Support Group Formed

Families connected to alleged abuse at Good Sam Society find each other

The 15 families of the alleged abuse victims at Good Samaritan Society of Albert Lea could never have imagined that their paths would cross at the center of a nationally known case alleging abuse at a nursing home.

But then in December, prosecutors filed charges against two alleged teenage perpetrators for multiple charges related to abuse. The charges alleged verbal, sexual and physical abuse of several residents.

The families met for their first time in an official support group setting.

The group, which they are calling Families Against Nursing Home Abuse, is giving them a chance to talk of their experiences and to gain solace in the fact that there are others who could have potentially gone through the same experiences.

Their long-term goal is to work to prevent abuse of vulnerable adults.

Full Article and Source:
Elder abuse support group forms

See also:

Community Outrage

Sentenced for Elder Abuse

Corey Gonzales has been sentenced to three years and eight months in a California Department of Corrections and Rehabilitation facility for abusing an elder while serving as a caregiver.

Petaluma police officers arrested Gonzales on Oct. 11 after receiving a report that an elder living in an apartment complex for seniors was calling for help. An officer found a 67-year-old woman sitting on her couch, in need of immediate medical attention.

She previously had suffered a stroke, and is paralyzed on the left side of her body. She reported that Gonzales, her caregiver, had left her without access to a motorized wheelchair, and she therefore was unable to move from the couch. Due to this neglect, she sustained extremely inflamed, open sores throughout her body.

Full Article and Source:
Man sentenced for elder abuse

More information:
SANTA ROSA: THREE-YEAR TERM FOR NEGLECT OF ELDERLY PETALUMA WOMAN

Home-Health-Care Law Struck Down

The Missouri Supreme Court has ruled that a state law regarding home health care discriminates against some people with mental disabilities by denying them coverage.

The decision invalidates a 2005 change in state law that prohibited participation in a personal care program by people who have a legal limit on their ability to make decisions, such as through the appointment of a guardian.

In a unanimous decision written by Judge Richard Teitelman, the Supreme Court said the 2005 personal attendant law discriminates against people with disabilities by providing help to people with physical limitations but excluding those who have guardians because of mental limitations.

The court cited the federal Americans with Disabilities Act, which prohibits public entities from denying benefits or program participation to people because of their disabilities.

Full Article and Source:
Missouri Supreme Court strikes down home health-care law

ASA Honors Elder Abuse Series

The American Society on Aging has honored the Wisconsin State Journal's series, "Elder Abuse: A Silent Shame" with its award for significantly increasing awareness of aging issues in local or regional media in the United States.

The seven-part series, written by Dean Mosiman and published in November 2007, explored gaps in the public safety net that is supposed to protect seniors from abuse, neglect and financial exploitation.

ASA, the largest organization of multidisciplinary professionals in the field of aging, will present the award in March at its 2009 Aging in America Conference in Las Vegas.

Source:
State Journal series on the elderly wins award

War Over Falk

Peter Falk's wife and daughter now have squared off over who should be taking care of Columbo.

Falk's adopted daughter, Catherine Falk, filed legal papers last month claiming Falk has dementia and Alzheimer's and can't care for himself. She wants a court to appoint her conservator.

Now, in legal papers filed yesterday in L.A. County Superior Court, Falk's wife, Shera, expressed shock at Catherine's audacity. She claims Catherine has had a bad relationship with Peter and even sued him in 1992. She says Peter has never even met Catherine's children nor did he attend her wedding.

Shera, who's been married to Peter for 31 years, claims she provides constant care for Peter and that he's "happy and healthy under the current conditions at home..." Shera does not want a conservatorship because she claims it creates a "stigma".

Source:
War Over Peter Falk

More information:
Peter Falk's wife opposes conservatorship

Peter Falk's Wife Files Legal Papers Concerning Actor's Conservatorship

Family of 'Columbo' star battling for control of affairs

Peter Falk's wife, adopted daughter head for conservatorship showdown

See also:

"My Dad Has Alzheimer's"

Hearing Canceled

A Dallas hearing involving a motion to withdraw life support from a brain-damaged baby whose parents have been arrested on abuse charges did not happen as scheduled.

The baby’s court-appointed guardian, who filed the motion last week, told a juvenile court judge that doctors at Children’s Medical Center have determined there has been a change in the condition of 6-month-old David Coronado Jr.

It was unclear if the baby’s condition took a turn for the better or worse.

The parents, David Cesar Coronado Sr. and Ruthy Marie Chabolla are accused of abusing the infant so cruelly that he has been in intensive care since last month. They were arrested Dec. 23 and are being held in the Dallas County Jail on charges of injury to a child.

Full Article and Source:
Hearing to end life support for abused baby is canceled

See also:

Guardian Motions to Remove Life Support

Investment Scams

State officials recently warned elderly residents about so-called financial planning seminars or estate preservation workshops that use a "free lunch" to lure seniors to attend.

Attorney General Bill McCollum and Department of Elder Affairs Secretary E. Douglas Beach have received complaints from seniors enticed to attend a free meal that actually turned out to be a high-pressure sales pitch for dubious investments.

McCollum: "The last thing our seniors need during this economic climate when their retirement savings may be dwindling is an investment scam that further depletes that nest egg. Too many of our seniors are finding that these free meals can cost them dearly."

AARP and the Financial Industry Regulatory Authority recommend that seniors do not purchase anything or open an account of any kind at a free-meal seminar.

AARP provides an online checklist of question to ask at such seminars. The checklist can be downloaded at AARP Checklist(pdf)

Full Article and Source:
State officials warn seniors about financial seminars

Judge Offers Workshop

A workshop for guardians or conservators is being offered Jan. 31 in the St. Clair County Administrative Building auditorium, 200 Grand River Ave., Port Huron.

The guardian session begins at 10 a.m., and the conservator session begins at 11 a.m.

The workshop is presented by Hon. John D. Tomlinson, Probate Judge and St. Clair County Probate Court staff. Registration is requested.

For reservation and details, call (810) 985-2065.

Source:
Judge to offer workshop

Court Needs Volunteers

Maricopa County Superior Court needs volunteers to be court visitors or observers in its Guardianship Review Program.

Volunteers spend about an hour a week at various sites to review court files of vulnerable adults. Volunteers must pass a background check and are issued a court identification badge. Mileage reimbursement is available.

For an application or more information, contact Diane Rudnick of Probate Court Investigations at 602-372-9429.

Source:
County program seeks helpers

Charged with Bilking Seniors

A former caregiver for Alzheimer's disease patients has been charged with bilking some of them.

Assistant Attorney General Earl Fechter says 23-year-old Heather M. Whitehouse stole jewelry and several credit cards from vulnerable seniors living at The Arbors, a residential care facility in Shelburne.

She's charged with fraudulent use of a credit card, financial exploitation of a vulnerable adult, identity theft, larceny, selling stolen property and unlawful taking of property.

Whitehouse pleaded not guilty in an arraignment in Vermont District Court.

If convicted, she could get 59 years in prison.

Source:
Ex-caregiver charged with cheating seniors

Accusation of Impropriety

A lawyer for an embattled judge has criticized an ethics complaint against his client.

Lawyer George Hairston: " there was not one iota of evidence that Circuit Judge L.T. Simes (SIMZ) broke state ethics rules in a long-running estate case."

Simes faces an accusation of impropriety over continuing to serve as an administrator in an estate that began in 1976. A complaint before the Arkansas Judicial Discipline and Disability Commission claimed that Simes, as an estate administrator, received yearly $1,440 rent payments from a farmer using the land.

The complaint says Simes cannot account for five years of rent payments, nor did he remove himself from the case after assuming the bench in 1997.

Lawyers for the Judicial Discipline and Disability Commission argued that Simes knowingly continued to involve himself in the case while on the bench. They said Simes filed a request to be paid lawyer fees for his involvement in the estate case.

Full Article and Source:
East Arkansas Judge Appears Before Discipline Panel

Court-Appointed Guardian Removed

Howard S. Rosenthal's stint as the property manager of BayWalk lasted slightly more than 73 hours.

Pinellas-Pasco Court Judge J. Thomas McGrady removed Rosenthal as the complex's court-appointed guardian on Friday, a day after his arrest on charges that he embezzled nearly $171,000 from his former employer.

According to Pinellas sheriff's detectives, Rosenthal double-billed Clearwater real estate company Colliers Arnold for more than $140,000 in advertising costs before resigning in August 2008.

He also used company money to pay off country club dues, travel expenses for himself and his wife and nearly $700 in hotel movie charges, detectives said.

Rosenthal will be required to document any money he spent or received during his short stint as property manager as part of the court order. It's unclear, however, if any money changed hands.

His attorney, J. Robert McCormack of Tampa, said the charges are unfounded.

Full Article and Source:
BayWalk's indicted property manager is replaced

In Memoriam - Aida Mae Rodriguez

Part One:
Dark turns of tragedy - Girl’s role in brutal 2006 murder remains uncertain

Veronica clutched the infant tighter to her chest each time the girl in the next room screamed.

The 13-year-old had watched as her guardian - Samuel Villarreal - abducted his girlfriend from a Weslaco McDonald's.

She sat helplessly as he attacked 16-year-old Aida Mae Rodriguez - first with a Taser, and then a metal pipe.

And moments earlier, she had silently opened her arms as the girl she once counted among her closest friends handed over her 7-month-old daughter.

"Do what you want to me, just please don't hurt my baby," Veronica would later recall the young mother saying.

Authorities have since described this harrowing scene as just one of many in Veronica's tragic life.

The victim of years of sexual and mental abuse, the girl bore witness to one of Hidalgo County's most bizarre murder cases in years. It's a tale of incest, jealousy, rape and dark family secrets, but one in which Veronica's role remains uncertain.

Since the conviction of Aida Mae's killer last year, new evidence has surfaced that suggests Veronica may have been more than just a passive witness.

A key participant in the crime now accuses her of orchestrating the attack on her friend, lying to the men in her life to gain their help and even pulling the trigger herself.

But investigators still maintain anything she might have done, she did in fear of her life.

The Monitor began a two-part series re-examining Aida Mae's 2006 slaying through case files, trial testimony and interviews with several witnesses. And, two years later, Veronica remains just as much a mystery.

Part Two:
Why was Aida Mae killed? - Did Villarreal kill lover to protect his ward or his secret?

Veronica shuffled toward the witness stand, never once making eye contact with the man she had accused of murder.

Two years after the slaying of teen mother Aida Mae Rodriguez, Hidalgo County prosecutors had brought the 15-year-old to testify against Juan Tello Hinojosa, a 38-year-old family friend charged in large part because of Veronica's earlier statements.

But it was not a story Veronica wanted to retell.

She first told sheriff's investigators in December 2006 that Hinojosa, another man and her guardian — Samuel Villarreal — had kidnapped, tortured and fatally shot 16-year-old Aida Mae to avenge a plot they believed she organized to have Veronica gang raped.

Villarreal had been so incensed by Veronica's sexual assault, he told nearly everyone of his plans to kill his then girlfriend.

But in the intervening months, Veronica's story had changed significantly.

She had twice tried to dodge a subpoena requiring her presence in court.

Now that she was here, her dead-eyed expression never wavered as she described the last moments of the girl she once counted among her closest friends.

By the end of the day, she would be called a liar and a murderer.

See also:
Slain mom's short life was marked by troubles

UPDATED: Two grim finds: Baby along road and mom's body

Man on trial for allegedly aiding in murder

Man admits to killing teen girlfriend

Valley man found not guilty for 2006 murder case

Probate System Going Bankrupt

Top officials in the state's near-bankrupt Probate Court system will offer the first step toward major reforms that would eventually close down the state's small, under-performing courts.

A draft plan would make it less lucrative for judges in smaller towns to run for the elective office, thus defusing the political minefield that has challenged Probate Court reforms in recent years.

Probate Court Administrator Paul Knierim, who is also the Simsbury probate judge, said the plan that will be presented to lawmakers this week would drastically change the way judges are paid.

"What we're trying to do with judicial compensation is move away from a system in which pay is based on the court's revenue and replace it with a system in which pay is based upon work performed."

The changes to the current 117 courts could be in place in time to discourage candidates from running for judgeships in 2010, especially in money-losing probate courts.

Statewide, 50 courts ran deficits last year.

Rep. Michael P. Lawlor, co-chairman of the legislative Judiciary Committee, which will review the Probate Court administrators' proposals:"If we do nothing, the Probate Court system is bankrupt the following year."

Full Article and Source:
Officials propose Probate Court reforms

More information:
Conn. probate court reform ideas to be presented

Probate Judges Want a Government Bailout

See also:
Probate Losing 20K Daily

Grandparents Support Group

The Lowndes/Brooks County Grandparents Raising Grandchildren support group held its first meeting of the year, allowing grandparents to discuss the rigors of raising grandchildren and learn about legal and government aid available to them.

This month’s meeting featured paralegal Dawn Best from Georgia Legal Services’ Valdosta office and Carrie Hickman from the Division of Family and Children Services.

During the meeting, Best expounded on The Kinship Care Project and Senate Bill 88, which creates power of attorney for the care of a grandchild. Best also discussed the differences between legal custody, temporary guardianship and adoption, as well as the process for appealing denial of assistance by DFCS.

Hickman then informed the grandparents of available government assistance, such as Medicaid, food stamps and temporary assistance to needy families (TANF), and eligibility requirements.

The grandparents who attended discussed topics from financial hardship to disciplinary problems with their grandchildren.

Full Article and Source:
Grandparents raising grandchildren

New Study on Foster Care

Despite the prevalence of mental health problems among foster children, little is known about how pre-existing mental health conditions affect their outcomes in foster care.

A new study co-written by Jung Min Park and Joseph P. Ryan, professors in the School of Social Work at the University of Illinois, followed 5,978 children in foster care in Illinois for several years to determine whether these children's placement and permanency outcomes were affected by their histories of intensive mental health treatment.

Some results of the study include:

* Five percent (296) of the children had at least one episode of inpatient mental health care prior to being placed in foster care

* When children who receive inpatient psychiatric care enter the child-welfare system, they are more likely to suffer poor outcomes and be left behind in the system

* Children with inpatient psychiatric episodes were at greater risk for frequent placement disruptions and were less likely to reunite with their families of origin or be adopted

During the observation period, about 70 percent of the children in the study achieved permanence by returning to their families or through adoption or guardianship.

Full Article and Source:
Study looks at how pre-existing mental health conditions affect outcomes in foster care

See also:
Placement and Permanency Outcomes for Children in Out-of-Home Care by Prior Inpatient Mental Health Treatment

Guardian Motions to Remove Life Support

A court may decide this coming week whether to end life support for a 6-month-old Dallas baby who has suffered severe brain damage, dozens of bone fractures and numerous scars, allegedly at the hands of his parents.

A court-appointed guardian for the boy has filed a motion in Dallas County juvenile court asking that doctors at Children's Medical Center of Dallas be permitted to remove the boy from life support. The motion says the parents have not consented to withdrawing the support, but it argues that the move is in his best interests.

Child Protective Services report alleged: "Both parents are responsible for long-term, extensive physical abuse to their only infant son."

The parents have denied deliberately causing any of his injuries.

Full Article and Source:
Texas court asked to end abused kid's life support

More information:
Court asked to take abused child off life support

Too Old

A judge in a controversial child custody case in Texas has angrily stepped down after apparently being persuaded that a related judicial conduct investigation required him to do so.

After Juvenile Court Judge John Phillips decided last year that Yolanda and Arnold Del Bosque were too old to raise the young grandchildren they had been caring for since infancy and had the two boys removed to a foster home, the couple—who were 59 and 52, respectively, at the time of the ruling—made an age bias complaint against him. Armed with a letter from the State Commission on Judicial Conduct stating that it is investigating the Del Bosques' complaint, their lawyer, law professor Barbara Stalder of the University of Houston, asked Phillips to recuse himself from the custody case.

According to Stalder, Phillips had no choice but to do so while awaiting an administrative judge's ruling on her recusal motion, "high drama ensued" at a Jan. 8 pretrial hearing, when Stalder objected to Phillips' continuing on the case. Raising his voice, an increasingly angry Phillips accused Stalder of arguing with him and ordered a bailiff to escort her from the courtroom.

Stalder: “Honest to God, I really thought he was going to have the bailiff taking me directly to a holding cell.”

Philllips soon held an informal meeting and agreed to recuse himself. Another pre-trial hearing is scheduled before Juvenile Court Judge Michael Schneider, who was appointed by the administrative law judge to hear the case.

The Del Bosques—who had received glowing reports about the home they provided their grandchildren until the judge determined their age to be an issue—are now hoping to regain custody of the boys, who are 1 and 2 years old.

Full Article and Source:
‘Too Old’ Grandparents (59 and 52) Hope for Custody Under New Judge

See also:
Texas Judge Takes Tots from ‘Too Old’ Grandparents, Age 59 and 52

Ray of hope for 2 boys in legal dispute

Contesting Designation of Will

The beneficiaries of a trust set up by Dr. Frances Cline are contesting the designation in her will that 23.4 percent of her estate be distributed to the International Association for Clear Thinking (I’ACT) if that association is “in existence” at the time of her death.

According to court papers, Cline’s beneficiaries, Joanne Durchslag, Cili Durchslag, Cindi Durchslag and Jill Bertoldo argued the trust is ambiguous because the term “in existence” can be interpreted in more than one way.

The beneficiaries claimed the term “in existence” actually means a “vibrant and active” existence and the I’ACT was “little more than a shell of its former self with no substantial, material or regular activities” when Cline died in November 2004.

In June 2008, Oneida County Circuit Judge Mark Mangerson ruled I’ACT should get its portion of the estate as Cline directed. According to court records, Mangerson deemed the association to be existence because it remains incorporated, maintains a library, receives orders for information and has assets of $150,000 to $200,000.

The other beneficiaries appealed Mangerson’s ruling to the third circuit court of appeals in Wausau which ruled in favor of the I’ACT.

The court of appeals ruled the term “in existence” means “just that.”

Full Article and Source:
Dr. Cline’s legacy to be resolved in probate court

Handling the Guardianship Cases

Cody Cross won the position of probate judge against his opponent, Joley Barber after long-time Judge Donald “Hoppy” Royston announced his retirement.

Cross began working as a jail dispatcher during the pre-911 days in January 1993. In 1996, he was promoted by former Sheriff Jack Fortson to road deputy, then promoted again, this time to investigator, by former Sheriff Clayton Lowe in January, 1999.

The probate office handles marriage certificates, birth and death certificates, wills, guardianships, citations, game and fish licenses, administration of estates and more.

Cross said he thinks one of the most difficult of his duties will be handling the guardianship cases of incapacitated adults.

Cross: “That means taking away their liberties and rights – that’s hard.”

Full Article and Source:
Former investigator settles in as new probate judge

Proposed Bills

State Sen. Brad Ashford introduced a bill (LB253) to help families get services before their children become state wards or commit a crime.

Sen. Amanda McGill of Lincoln brought a bill (LB275) to require the state's six behavioral health regions to staff 24-hour crisis, information and referral services.

And Sen. Annette Dubas of Fullerton has a bill (LB247) that would require the health department's Division of Children and Family Services to become accredited by a national council meant to help improve delivery of services.

On the Net:
Nebraska Legislature: http://www.nebraskalegislature.gov/

Source:
3 bills proposed to help Neb. families in crisis

See also:
'It's Only Beginning to Rain'

Couple Accused of Bilking Elderly

A couple has been charged with stealing more than $170,000 from an elderly woman in North Seattle.

Katie and Michael Lambard were charged with six counts of first-degree theft and 27 counts of second-degree theft in King County Superior Court.

The Lambards are accused of exploiting Margaret Martin, an elderly woman living in the Ida Culver House, an assisted-living facility in North Seattle. Katie Lambard worked as Martin's driver.

Katie Lambard also helped Martin sell her home and move into the assisted-living facility. According to court documents, Lambard isolated Martin and convinced her that she had her best interests in mind in order to gain control over her finances.

She persuaded Martin to transfer her accounts, including the $270,000 in proceeds from the sale of her home, into a joint account with the Lambards at Watermark Credit Union, where Michael Lambard was a teller.

An arraignment has been scheduled for Jan. 22.

Full Article and Source:
Shoreline couple accused of bilking elderly woman out of $170,000

More information:
Couple charged with stealing $170,000 from elderly

Couple accused of stealing from elderly woman