Court Reverses Sanctions

Linda Paquette represented Vida Negrete in her petition to obtain a conservatorship over Bibiano Becerra in 2007.

Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.

San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.

In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.

The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.

Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.

Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney

Judge Clark Munger

Death Served the Purpose

Youth Inspires Others

Attorney Bernardini and Judge Munger

Bernardini & Munger

A Grandchild's Fight

Judge Considering Permanent Guardian

Nadya “Octomom” Suleman signed a contract in May with production company Eyeworks for her family to star in a reality show. Production on the show has begun, but Suleman’s 14 children are currently being kept off camera while work permit issues are considered.

Meanwhile, an Orange County judge is considering whether a permanent financial guardian should be appointed to oversee the children’s earnings from the show (reportedly $250,000 over the next three years) and ensure that they are not exploited.

On Monday, a California judge appointed a lawyer to temporarily oversee the estate of the octuplets.

Suleman's lawyer said a hearing on guardianship is scheduled for Aug. 31 and that Suleman has a motion to dismiss the guardianship order set to be heard on Aug. 20“The appointment of a guardian most assuredly will affect the ability of Nadya to contract with a production company.”

Full Article and Source:
'Octomom' Nadya Suleman's upcoming reality show now in production, lawyer says

See also:
Suleman Guardianship

Follow-Up: The Gary Harvey Story

Sara Harvey recently made an appearance in Elmira court where she was told her brain damaged husband's feeding tube would not be removed by Chemung County.

Hear her story here:
FLN News / Follow-Up: The Gary Harvey Story

More information:
Dying with Dignity: Follow-Up

The Gary Harvey Story

See also:
Interview With Harvey

Guardianship of Gary Harvey

FLDS Last Custody Case

The last FLDS child in Texas state custody is home -- but not with her parents.

A Texas judge signed an order Thursday permanently placing the last child taken from the polygamous sect's ranch into a relative's care, ending the state's involvement in the massive case.

The girl, now 15, was allegedly spiritually married to FLDS leader Warren S. Jeffs in July 2006 when she was 12. She was the only child of the 439 removed during a state investigation at the Yearning for Zion Ranch in April 2008 still in state custody.

Tom Green County Judge Barbara Walther ruled that Naomi Carlisle, an aunt, will have permanent managing conservatorship of the girl and has exclusive right to determine where she lives.

Walther granted Barbara Jessop, the girl's mother, supervised visits with her daughter, to be overseen by Carlisle. The judge limited the rights of the girl's father, Merril Jessop, to providing $180 a month in child support and getting her medical insurance.

Barbara Jessop also was ordered to pay Carlisle $180 a month to support her daughter.

The judge said the girl is to have no contact with Warren S. Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Full Article and Source:
Texas judge closes last custody case in YFZ raid

See also:
CPS Overruled Efforts

CPS Drops Case

CPS Seeks Permanent Conservatorship

CPS: Court Abused Discretion

Appellate Court: Right or Wrong?

No Right To Seize

Judge Bars CPS

Hammond To Serve As Guardian

Famed Hollywood Attorney Gloria Allred wanted El Paso attorney Terry Hammond to serve as guardian for Nadya Suleman's eight children.

Monday in an Orange County, Calif., courtroom, a hearing was held granting Hammond guardianship of the children.

A petition was filed on behalf of a former child actor who is an advocate for kids in entertainment.

Paul Petersen said he wanted a guardian to ensure labor laws are followed and the money the babies earn is kept safe. That's the role Hammond will now play.

Hammond told KFOX last week there are a number of contractual arrangements being made by Suleman and her attorneys that don't protect the childrens' financial interests.

Full Article and Source:
Judge Appoints El Paso Attorney As Financial Guardian Of Nadya Suleman's Octuplets

Power of One - Sheila Gast

Sheila Gast Faces Judge

Sheila Gast Sentencing

Investigators: The Power of One - May 2009

Gast Pleads Guilty to Perjury

Gast Charged with Perjury

Sheila Gast - Case Files

Investigators: The Power of One: A Call For Change

Investigators: The Power of One

"A Big Victory" for Harvey

A request by the Chemung County Attorney’s Office to remove Gary Harvey’s total-parenteral-nutrition (TPN) tube was formally dismissed.

The county Attorney’s Office filed the motion to remove the feeding tube in early June but informed state Supreme Court Judge Judith O’Shea late last month it was withdrawing the request, according to a letter from Assistant County Attorney Donald Thomson.

In early June, the St. Joseph’s Hospital Ethics Committee recommended the removal of Harvey’s feeding tube because it was no longer a viable source of nutrition and was causing fungal septicemia, according to an affidavit completed by Rita Gould, the supervisor of Adult Services for the Chemung County Department of Social Services.

Fungal septicemia is an infection that in Harvey was located where the feeding tube was inserted. Later in June, however, the infection began responding to treatment, and the county withdrew its application to remove the feeding tube.

Harvey’s case is still far from over, said his wife, Sara Harvey, who called Monday “a big victory.” Remaining open is the issue of a do-not-resuscitate (DNR) order. According to Thomson’s letter, a DNR order has been issued in the case.

Sara Harvey is fighting the order. She said her ultimate goal is to regain guardianship of her husband – who is in what doctors describe as a persistent, vegetative state with little to no chance of recovery – and take him home and provide care there.

Full Article and Source:
Comatose man's feeding tube won’t be removed

See also:
Guardianship of Gary Harvey

Special Needs Trusts Workshop

A workshop on guardianship and special needs trusts for individuals with disabilities will be held on August 18, 2009 at United Cerebral Palsy of Greater Birmingham.

A track for care coordinators, families, and professionals will run from 1 - 4 pm. For families unable to attend the afternoon session, a track for individuals with disabilities as well as families will be held from 5 - 7 pm.

Topics for the workshop include discussion and examination of guardianship issues, financial planning, resource limitations, Medicaid, SSI, SSID, special needs trusts, and the Alabama Family Trust.

To register for the workshop contact Anita Davidson by e-mail at akdavidson@adap.ua.edu

or call 205-348-4928.

Source:
Workshop on guardianship and special needs trusts in Birmingham

Judge Appoints Financial Guardian

An Orange County judge has agreed to appoint a guardian to examine the finances of Octuplets mother Nadya Suleman's 14 children.

A child-labor activist has filed suit against Suleman in Orange County Superior Court, alleging that video shot of her children violates a law aimed at protecting child entertainers from overwork. The suit seeks to create an independent trust for the children.

Suleman said there was no need for a guardian.

Full Article and Source:
Judge appoints financial guardian for Octuplets mom Nadya Suleman's children

More information:
Nadya Suleman's octuplets receive court-ordered oversight for finances

Finance guardian for US octuplets

See also:
Allred Nominates NGA Director

Conservatorship Nears End?

Britney Spears is about be let loose!

The 27-year-old's father Jamie Spears is set to ask the court to review the terms of his conservatorship over his pop star daughter after her concert tour wraps in November.

While Spears cannot directly ask the judge to end the conservatorship, he can request that it be reviewed.

Daddy Spears has taken on his daughter's well-being as a full time job since February 2008, and reportedly seems to think his famous daughter is ready to stand on her own.

Full Article and Source:
Jamie Spears to request review of conservatorship over daughter Britney Spears

More information:
Spears' conservatorship nears end

Britney’s dad may relinquish his conservatorship

See also:
Britney Spears Conservatorship

Win For Farash

A state Supreme Court judge has ruled that ailing real estate baron Max M. Farash's Brighton estate and other family property should be preserved for inheritance by his daughter.

The court-appointed property guardian for Farash, who was declared mentally incapacitated in April 2007, had sought permission earlier this year to cut expenses by selling off Farash's 106-acre Westfall Road estate, his Mendon horse stables, Keuka Lake summer home and a Florida oceanfront condominium.

But Farash's only child, Lynn A. Farash, 61, made both sentimental and practical arguments for why the terms of her father's will should be honored and the property held for her.

Her 95-year-old father, whose personal wealth has been estimated from $200 million to $500 million, has lived in a Webster nursing home for several years.

In a brief written decision, state Supreme Court Justice John Ark sided with Lynn Farash. "She's very pleased by the decision," said Lynn Farash's lawyer, Michael Wolford.

Full Article and Source:
Farash daughter wins case

See also:
Guardian Versus Family

Guardianship Cost $1 Million

Outrageous Guardianship Fees

Family Guardianship Revoked

Three of Earnestine Starks' children sat down with News 8 after a visit to see their mother at a Fort Worth nursing home ended with three trespassing warnings. The staff ordered them to leave the property.

"You go from just trying to see your mother to you can never see your mother again."

Days later, another daughter, Sharon Richardson, found out she was no longer her mother's guardian.

"I don't know how a court can award guardianship in one week and then revoke it the next week."

Court documents show that a Tarrant County judge revoked Richardson's guardianship on July 8. According to a letter filed in court by the nursing home, Richardson made allegations of abuse against the facility.

She also wanted staff to re-evaluate her mother, who suffers from dementia and delusions, and move her from a secured to an unsecured unit.

Doctors disagreed with Richardson's request.

Richardson: "My mother did not want to go back to the facility; she said she would not go back in there and did not like the facility and did not like how she was being treated."

The courts appointed a new guardian for Earnestine Starks — Guardianship Services Inc., a non-profit agency that helps incapacitated individuals who do not have family members or friends who can serve as guardians.

Guardianship Services is now in charge of making all of Earnestine Starks' decisions — from medical to financial.

Colleen Colton, director of the agency: "We are guardian until somebody else becomes guardian or they die." She could not comment on the Starks case, but said families struggle with court guardianships because the state is always watching.

The courts have the right to step in if there's any sign of a dispute or allegation.

Full Article and Source:
Aging in America: Family struggles with guardianship issues

Colleen Colton/Guardianship Services, Inc. is registered with National Guardianship Association

Elderly Rights in Nursing Homes

A recent court case of Sarah Grammer v. John J. Kane Regional Centers-Glen Hazel that a private cause of action does exist under federal civil rights laws gives families who suspect abuse of their elderly loved one more options to bring action against a federally supported nursing care facility.

The Nursing Home Reform Act (NHRA) passed in 1987 gave the elderly more specific rights by stating that certain actions, such as restraining a patient, had to have a doctor's written order. This newest ruling in the Grammer case further empowers the rights of the elderly and the option of the family to pursue civil actions against suspected abuse.

This decision furthers the cause of elderly rights that need to be widely publicized as much as possible in order to make public nursing homes have a bit more fear of reprisals if they do not insure that care workers are doing the most to treat the helpless elderly with the respect and dignity that every human being deserves.

Full Article and Source:
Pittsburgh based court case ruling gives stronger recourse against elder abuse

Wanted for Theft From Elder

CA - Tom Traylor is wanted by the San Diego Regional Fugitive Task Force on a no bail felony warrant for theft or embezzlement of property from an elder or dependent adult.

Traylor is known to frequent the Carlsbad and East County areas of San Diego. He is currently on parole and is considered a parolee at large.

Traylor, 39, is a white male with brown hair and brown eyes. He is 5 foot 10 inches tall and weighs about 185 pounds.

He has a tattoo on his back of a dragon coming out of a wave, a skull tattooed on both arms and the name 'Sarah' on his chest.

Crime Stoppers is offering up to a $1,000 reward to anyone with information that leads to his arrest. If you have any information, call the Crime Stoppers anonymous tip line at 888-580-8477. You can also email or text anonymously. To do so, click here.

Source:
Crime Stoppers Seeks Fugitive Of The Week

Obama Healthcare Lies - Assualt on Seniors

Assault on Seniors
By Betsy McCaughey

Since Medicare was established in 1965, access to care has enabled older Americans to avoid becoming disabled and languishing in nursing homes. But legislation now being rushed through Congress -- H.R. 3200 and the Senate Health Committee Bill -- will reduce access to care, pressure the elderly to end their lives prematurely, and doom baby boomers to painful later years.

Excerpt:

While the House bill being pushed by the president reduces access to such cures and specialists, it ensures that seniors are counseled on end-of-life options, including refusing nutrition where state law allows it (pp. 425-446). In Oregon, the state is denying some cancer patients care that could extend their lives and is offering them physician-assisted suicide instead.

Full Article and Source:
Assault on Seniors

Guardian Could Face Charges

An adult guardian could face charges for taking money in exchange for allowing a Houston doctor access to a child. The child was one of at least four who had been sexually abused for years by the grandfatherly surgeon, prosecutors said.

Orthopedic surgeon Bernard Zacharia Albina was arrested on five charges stemming from years of alleged sexual abuse of four prepubescent boys. He is expected to be arraigned in state district court.

Harris County Assistant District Attorney Eric Devlin said a guardian for one of the children could face charges for taking money for allowing access to one of the children. He said statutes of limitations may hinder prosecution, but a charge could be levied as part of an ongoing conspiracy.

Full Article and Source:
DA: Accused molester paid victim $155,000

Siphoning Off Millions

2001 - Court-appointed lawyers are siphoning off millions of dollars in fees from the assets of helpless elderly New Yorkers they are sworn to protect.

Nine years after a legislative overhaul of the state's guardianship laws, reforms meant to protect the assets of the elderly have had the unintended effect of creating a money trough for well-connected attorneys.

Since 1993, New York-area attorneys have been paid at least $63 million in fees from the assets of mostly elderly people whose money they were assigned to protect, according to a Daily News computer analysis of data provided by the state.

A News investigation into the guardianship system has found:

* Case after case of elderly wards whose life savings have been whittled away. Some lawyers are charging $300 an hour or more to perform routine functions, such as going over bank statements.

* A small cadre of lawyers - party loyalists, former judges and partners in the firms of some of the city's most powerful politicians - who receive the overwhelming majority of lucrative guardianship cases.

* Attorneys and judges who routinely ignore court rules designed to limit the number of guardianship-related appointments to no more than one per year that pays $5,000 or more.

* Judges and lawyers who do not report all guardianship appointments and legal fees to the state's Office of Court Administration. Court officials acknowledge many fees go unreported, a problem they say they are trying to correct.

* Few lawyers who are willing to take on the cases of those elderly people, often in nursing homes and without court-appointed guardians or family, with little or no assets.

Full Article and Source:

SENIOR TAKEN FOR MILLIONS Lawyers rack up fat fees as guardians to the helpless

Former Administrator Rita Hunter

95-Year-Old Fights Back

Attorney Fees Challenged

Class Action Filed

Former Ward Files Suit

Mother and Daughter File Suit

Victims of Guardians

THE PROBLEM WITH GUARDIANSHIP -
(This site was launched due to an unlawful guardianship experience in NY State, but is fairly typical of corrupt guardianships/conservatorships across the country.)

Some people have described it as a "bounty hunting" operation, with headhunters running computer searches for financial and personal data on potential victims who wind up in a hospital and transfer to a nursing home (whether by reason of illness or even just a fall on the sidewalk).

The nursing home lawyer or someone else then petitions for a guardianship. The assigned judge then distributes his patronage to his pals, in the form of fiduciary appointments as guardian, court evaluator, counsel to the AIP, etc.

Would it shock you to learn that there is no requirement in New York for mandatory counsel to represent a person believed to be incapacitated? It won't when you read on. Many adjudication "hearings" are held which are totally sham, replate with constitutional due process violations, and conducted in complete contravention of statutory protections promulgated by the states, and practice rules issued by the courts.

Who's supposed to watch the guardians?
The judges.
Who's been watching the judges?
NO ONE!

www.VictimsOfGuardians.net

Lawsuit to Get Abuse Report

A legal advocacy group is expected to announce that it filed a lawsuit against the New Jersey Department of Human Services on behalf of a family denied information about an episode they say traumatized their 41-year-old severely disabled son living in a state institution.

Rosamund and Daniel Caliendo of Hampton said they arrived at the Hunterdon Developmental Center in Clinton for a holiday party on Dec. 1, 2007 to find their son, Damian, in his electronic wheelchair facing a wall with the chair's front wheels suspended in the air and the tray table jabbed into his stomach.

Their son, who cannot speak and is diagnosed with cerebral palsy, a seizure disorder and other medical conditions that required neck surgery a year earlier, "was scared to death he was going to fall." No one at the party came forward to explain what happened to Damien, who has lived at the institution for 30 years. The family believes an employee placed him in an unlawful restraint to punish him. They filed a complaint and demanded an investigation.

But when the Caliendos asked for the investigative report, the department gave them only a summary saying "staff did not act according to policy," and "additional training will be conducted." The summary did not include information about who was responsible or whether anyone had been punished.

Disability Rights New Jersey tried to obtain a copy of the report on the family's behalf but was told state law does not permit the department from sharing investigative reports without a court order.

Full Article and Source:
Disability Rights group sues N.J. to get report about disabled man's alleged abuse

Allred Nominates NGA Director

El Paso lawyer and guardianship specialist Terry Hammond has been nominated in a court petition to be the financial guardian for the octuplets delivered in January by Nadya Suleman, known to many as the Octomom.

The nomination came in a petiton for guardianship of a minor filed last month in an Orange County, Calif., superior court by Hollywood lawyer Gloria Allred and John Deily of Irvine, Ca., on behalf of former child actor Paul Peterson, who heads A Minor Consideration, a nonprofit dedicated to the protection of child actors and celebrities.

The first hearing on the petition is set for Monday.

Hammond, who specializes in elder law with with his wife, Stephanie Townsend Allalla, is a recognized authority on guardianships and has been executive director of the National Guardianship Association since 2006.

Full Article and Source:
El Paso lawyer Terry Hammond nominated as financial guardian for Octomom's 8

See also:
Legal Abuse of Octomom?

Gloria Allred Files Petition for Octo-Guardian

Guardian Abuse of Maecker

Bill Maecker & 98 year old Mother, Virginia Maecker (NY): Guardian Abuse

Family Court Crisis

Working with Kathleen Russell Consulting and Ludlow Media, Center For Judicial Excellence (CJE) produced a 42-minute documentary addressing the serious systemic breakdown of our family courts.

The film, Family Court Crisis: Our Children At Risk, features interviews with individuals whose lives have been affected by the dysfunctional family law system and expert analyses of what has gone wrong. Issues addressed in the documentary include:

* Parental Alienation Syndrome is the reigning paradigm in family law

* Mediators, Therapists & Evaluators are usurping judicial authority

* The Family Law Machine is operating as Big Business

Full Article and Source:
Family Court Crisis: Our Children at Risk

Patient-Protection Bill Introduced

Three Shore area legislators who intervened on behalf of the family of a 29-year-old woman who weighed 43 pounds when she died at a community care residence last November have introduced legislation to protect other people in the state human services system.

Flanked by relatives of the late Tara O'Leary, State Sen. Jennifer Beck, Assemblywoman Caroline Casagrande and Assemblyman Declan O'Scanlon announced the introduction of legislation which, if passed, would provide greater oversight and protection for patients. It includes establishing a 24-hour hotline to report suspected abuse and would create a registry of caseworkers and caregivers found guilty of neglecting or abusing patients and prohibit them from working in that field again.

Full Article and Source:
Patient-protection bill introduced after malnourished woman's death

See also:
Family Wants Answers

Death Prompts Investigation

The Children of Martin Luther King Jr.

King's four children have a long history of exploiting their father's good deeds for cash. Low lights include...

* Attempting to auction off their father's private papers (which they had previously withheld from the public unless the public wished to pay a fee). These papers, including an early draft of the "I Have a Dream" speech were spared from auction when a group of philanthropists banded together and paid off the King children to the tune of $32 million.

* Demanding millions in "licensing fees" for campaign paraphernalia (mostly homemade) linking their father to then-candidate Barack Obama.

* Hurling lawsuits at one another over their parents' estate after Coretta Scott King died in 2006.

The latest disgrace hit newsstands when it was revealed that the King children are charging the National Memorial Project Foundation for the privilege to create a memorial to their father.

Full Article and Source:
Martin Luther King's Children Continue to Cash In on Their Father's Legacy

More information:
Family Trouble Over Martin Luther King Jr. Biopic

Martin Luther King Jr.: Children Have Differing Dreams for Father's Estate

Martin Luther King's Children Sue Brother Dexter

MLK Family Feud

Cashing in on Martin Luther King Jr.

Attorney Liable in Tort

As a general rule, attorneys aren’t liable to third parties in tort.

However, a July 14 opinion by the Wisconsin Supreme Court created an exception, permitting an attorney to be sued for intentionally aiding a client in drafting a will to evade his obligations under a divorce agreement.

Justice Ann Walsh Bradley wrote for the court: “We agree that in most cases, an attorney is immune from liability to third parties based on the attorney’s failure to perform a duty owed to a client. However, failure to perform an obligation to a client is entirely distinct from conduct that assists the client committing an unlawful act to the detriment of a third party.”

Robert Tensfeldt and his first wife, Ruth, had three children. When they divorced in 1974, the divorce judgment provided that Robert would maintain a will granting at least two-thirds of his net estate to the adult children.

Robert remarried, and in 1981 (and in several later revisions), drafted a new will contrary to the divorce judgment. Attorney Roy C. LaBudde drafted the new wills.

After LaBudde scaled back his practice, Tensfeldt was represented by attorney F. William Haberman. It was undisputed that Haberman did not know about the divorce provision until after Tensfeldt died in 2000, and did not draft any will for Tensfeldt, but was negligent in providing advice in an unrelated aspect of the law.

The estate was probated in Florida, and was settled after extensive litigation. The children then sued LaBudde and Haberman in Wisconsin, alleging negligence against both, and intentional tort against LaBudde.

The Supreme Court held that both attorneys were entitled to summary judgment on the negligence claims, but that the intentional tort claim could proceed against LaBudde.

Full Article and Source:
Attorney is liable to third parties for tort

Is Kathleen Simane now Kathy Larson?

From TV to Prison

Elder Abuse: A Silent Shame

Award Winning Newspaper

ASA Honors Elder Abuse Series

Elder Abuse Series Honored

Profile of the Sociopath

Audit of Family Courts

Prodded by Sen. Mark Leno and other lawmakers, the state Joint Legislative Audit Committee voted to investigate the family courts in Marin and Sacramento counties.

The audit will focus on the use, and potential misuse, of court-appointed specialists in family-law disputes, such as mediators, investigators and therapists.

Critics say such appointees can form incestuous and incompetent networks more concerned with generating fees than helping children through painful custody fights.

Marin and Sacramento counties were chosen for the audit because of the number of litigants reporting problems and filing complaints.

Full Article and Source:
State orders audit of Marin family court

Lawyer Argues Against The Billable Hour

Evan Chesler, head of the old line New York law firm Cravath, Swaine & Moore L.L.P., caused jaws to drop in early January when he challenged lawyers to dispense with the hourly billing system that had sustained the industry for generations.

He argued: the system rewards inefficiency, frustrates clients and has little economic logic.

Chesler verbalized what many law-firm leaders had been silently mulling for years and triggered an enormous debate over the potential benefits of alternative billing arrangements, such as flat fees, or discounted rates linked with incentive payments for favorable results.

But to what degree has the industry actually changed the way it is charging clients?

So far, the answer appears to be not so much.

Full Article and Source:
Closing arguments on the billable hour

See also:
Billable Hour System

Whistleblower Sues Attorney

Jill Jones-Soderman, a New York based social worker and the executive director of The Foundation for the Child Victims of the Family Courts, has filed a multi-million dollar lawsuit against her former attorney in federal court for alleged negligence, fraud, deception, malpractice and infliction of emotional distress.

According to Jones-Soderman, she paid Richard Mazaway thousands of dollars over the period he was "representing her." During this time he never filed a motion or legal order on her behalf despite the fact that he had personally uncovered evidence and had access to all pertinent information to prove that she was the victim of malicious judicial fraud and misconduct.

He even found "smoking gun" evidence during discovery from the New Jersey Attorney General's office which showed why the state's licensing board was so aggressively pursuing the revocation of her license - to the point where they were fabricating charges - Jones-Soderman said. On top of that, she was told she could not know the nature of the complaint against her. Yet Mazaway did nothing. The information he obtained proved that Judge Mary Margaret McVeigh had filed fraudulent charges against Jones-Soderman, stating that a report had been written to influence the court. But according to Jones-Soderman, no such report was ever written.

The problems started when Jones-Soderman was fraudulently removed from a case on which she was serving as a forensic consultant. After discovering and attempting to expose the alleged fraud occurring in the family court, she was ordered off the case.

Full Article and Source:
Whistle-blower Jill Jones-Soderman Files Lawsuit Against Her Former Attorney

Rank Greed

A half-priced downtown condo on the Intracoastal.

A $50,000 piece of land.

More than $500,000 in cash that was was used to pay off mortgage, buy a second home in Pennsylvania, and pay tuition at an expensive private school.

Family jewelry, a Dell computer, and a widescreen TV.

These are just some of the things Judge Larry Seidlin obtained from elderly widow Barbara Kasler, according to a civil suit filed by the widown's attorney. The Fort Lauderdale lawyer representing Kasler, Robert Bissonette, filed the suit claiming that "rank greed" led Seidlin to pilfer the widow's assets and belongings.

The suit alleges that Seidlin exploited Kasler after her second son, Frank Gardner, died, leaving her virtually alone. That's when Seidlin pounced, according to the lawsuit.

Full Article and Source:
Lawsuit: 'Rank Greed' Led Judge Seidlin To Exploit Elderly Widow

See also:
Elderly Sues Judge Seidlin

The "Snitch" Rule in Effect

Kentucky’s Supreme Court has approved comprehensive revisions to its rules governing attorney conduct, including a new rule that requires attorneys who know about professional misconduct by other attorneys or judges to report the misconduct.

If Kentucky follows the pattern set in other states which have a similar requirement, few, if any lawyers will ever be cited for ignoring the “snitch” rule. Nevertheless, supporters of the new rule believe it will have a prophylactic effect upon the ethical conduct of attorneys.

The amended rules become effective July 15.

Chief Justice of Kentucky John D. Minton Jr.: “The revised rules reflect thoughtful changes that will bring Kentucky into line with national standards for attorney conduct. Our goal is to improve public confidence in our state’s legal profession by strengthening attorney accountability.”

Full Article and Source:
Kentucky lawyers now required to snitch on judges, one another

See also:
"Squeal Rule" Clarified

Judge Don Windle

Judge Windle Caught

Denton County Judge and Guardian

The Cash In

Attorney General Intervention

The state attorney general claimed victory in a legal battle stemming from 2005 that challenged the legitimacy of a sales agreement in which an elderly woman agreed to sell her home to two men for less than half of what it was worth at the time.

Attorney General Richard Blumenthal intervened after Mona Lee Johnson agreed to sell her home, estimated to be worth $1.2 million, for $500,000, a month before she passed away.

The Attorney General's Office alleged that her neighbor, Mark Lovallo, had urged Johnson to sign off on the sales option while she was sick in the hospital. The deal also included her longtime accountant, David Alfano.

Blumenthal said that Johnson never intended to approve the deal, which would have significantly lowered the amount of money that would have been donated to eight of her favorite charities. Johnson's will divided nearly all of her $1.5 million estate to charities including the Greenwich Library and Perrot Memorial Library in Old Greenwich.

Blumenthal: "I fought successfully to stop this suspect agreement denying hundreds of thousands of dollars to charities intended to benefit from the home's sale. In charity law, the donor's wishes are paramount. This donor never wished to sell her home at a bargain-basement price, significantly slashing the proceeds to charities named in her will."

Full Article and Source:
Attorney general intervenes in Greenwich estate case

Credit Card Investigation

Lester Mitchell, an 84-year-old retired farmer, has battled back pain -- "For a long, long while." His first back surgery in 1956 was the first of many.

Lester received a consultation with Dr. Brian Winslow, a West Des Moines chiropractor. Lester was told he could benefit from spinal decompression, a method of stretching the spine and decompressing the discs.

Lester: "They were gonna use a traction like treatment." But before beginning treatment, financing would have to be approved.

The call may have been to "Care Credit," a G.E. financing company. Care Credit is like a credit card for health care. Lester did qualify. Care Credit financed $3500 at a 13.9% interest rate over five years. A late payment would boost the interest rate up to 29.9%.

"I didn't realize I was opening up a new account," says Lester.

Neither did Lester's daughter, Denise, until she saw the bill. "I'm conservator of the account so I pay the bills. I came across a new credit card and the 35-hundred dollar charge."

As conservator, Denise has legal authority to make financial decisions for her father. On May 7, she faxed guardian and conservatorship papers to Care Credit and Dr. Winslow. She asked the account be closed and her father be refunded.

"He was told that that would not happen, by these corporate people and that the program was not $3500, but $9000 and my dad had been given a $500 discount and the rest was being paid by Medicare," says Denise.

The response from Care Credit, "We are not able to accommodate your request at this time."

Full Article and Source:
Back Pain Treatment Investigation

Guardianship Hearing Postponed Again

The guardianship hearing for Michael Jackson's three children that was scheduled for July 20 has been postponed (again) to Aug. 3, according to TMZ.com.

The reason: Katherine Jackson and Debbie Rowe reportedly are close to striking up a custody settlement. TMZ's sources say that an agreement is expected soon and that the discussion "is amicable and involves the children -- not money."

Katherine Jackson will remain the children's legal guardian until the Aug. 3 hearing.

Full Article and Source:
Michael Jackson: Guardianship hearing postponed

See also:
Second Delay in Guardianship Hearing

Judge Violated 1st Amendment

The Court of Appeals sided with a minister who said his free speech rights were violated after he was imprisoned for criticizing a judge using biblical verses.

Michael Steinberg, Michigan legal director for the American Civil Liberties Union, which represented Pinkney in his free speech claims: "The Court of Appeals opinion reaffirms the basic American value that citizens cannot be imprisoned for criticizing government officials or expressing their religious beliefs. To our knowledge, this case marks the first time in modern history that a preacher has been thrown in prison for predicting what God might do."

The minister had been sentenced to 3 to 10 years in prison for writing a newspaper article that criticized the judge who presided over his trial. In his criticism, he talked about what God would do to the judge. Quoting from the Bible, Pinkney said, "the Lord shall smite thee."

Full Article and Source:
Michigan news briefs: Court rules judge violated 1st Amendment

More information:
Minister Wins Right to Threaten Judge with Biblical Curses

Appeals court hears case of Rev. Pinkney

Rev. Pinkney barred from his own hearing

Rev. Edward Pinkney article:
Corrupt judge denies new jury trial in Pinkney case

Kinship Guardianship

When a child’s parents are in trouble and can no longer care for their child, often foster care is called for. But, for some fortunate children, grandparents or other family members step in to fill the role of parents.

In Mason County a support group for those with kinship guardianship of children meets every month at Mason County Reformed Church to share the joys and trials of raising those children. Most of them are grandparents, and the group is informally called Grandparents Raising Grandchildren although according to the group’s leader, June McMann, it is more accurate to think of it as kinship guardianship.

Full Article and Source:
Kinship guardianship: Parenting all over again

Speakes Family Conservatorship Battle

Larry Speakes had one of those classic Washington careers. A small-town guy with a Mississippi drawl who was promoted amid crisis into a top White House job, he served longer than any other press secretary of the past half-century, wrote a controversial memoir -- then receded into quiet corporate life.

Now 69 and suffering the effects of Alzheimer's disease, the veteran Reagan aide is at the center of a bitter family feud. His third wife is battling two of his children from an earlier marriage over who should oversee his estate and take responsibility for his care -- one side slinging allegations of abduction, the other side claiming neglect.

The two sides faced off in a courtroom, where his wife of eight years, Aleta Sindelar Speakes sought to overturn the conservatorship a judge granted last year to Larry Speakes's daughter, Sondra Speakes Huerta. Not in court: Speakes, who now lives in a nearby assisted-living home not far from his daughter, and 1,000 miles away from his wife. His children, their lawyer Jamie Jacks decided "it was not necessary for him to be present."

Full Article and Source:
The Speakes Family Battle Goes South

Helping Your Aging Parents

Some 41 percent of baby boomers with a living parent are helping to care for them, according to a recent USA Today/ABC News/Gallup Poll, and nearly half of those who aren't worry about being able to do so in the future.

The price tag isn't cheap: MetLife says the average price for in-home non medical help runs about $20 an hour, an assisted-living residence costs roughly $36,000 a year, and a private room in a nursing home goes for over $77,000 annually.

But you can help aging parents get the assistance they need without burning through family finances.

1. Have the Conversation

2. Get the Right Help

3. What to do if your parents are less independent -- and how to pay for it

4. How to Save Money

5. How to deal with Alzheimer's or Dementia

6. Find out the financial documents and medication information you need from your parents

Full Article and Source:
How to Help Your Aging Parents Without Going Broke

Still Fighting to Gain Control

In 2006, Sharona Dagani's mother hired a part-time caregiver from an agency. Within two months, Sharona informed her mom in a letter that she was moving out. More shocking was that she decided to leave the Jewish faith. Albstein suspects the caregiver, Ms. Perez, of planting the seeds and for an ancient motive.

A malpractice settlement put nearly $2 million into a trust for Sharona's care. Not long after she moved out with Ms. Perez, Sharona went to court to try and gain control of the trust.

Attorney Scott Cantor: "I think the caregiver was trying to influence Sharona away from her mom with the idea that she would step in as primary caregiver and have access to her money. Because Sharona believed that at 18 the money was going to be handed to her. But there was a guardianship in place. She was telling Sharona that Joan did not have her interests at heart that she was the guardian just for her money, that Joan did not love her."

Joan Albstein says she used cell phone records to find out that, through Perez, Sharona had become deeply involved with the International Church of Las Vegas and was attending services three or four days a week to the exclusion of everything else. When Joan tried to visit her daughter at a residence, she was informed her name was on a no-visit list. Sharona's girlfriends got the same treatment. Sharona was cut off, even when she came to court.

Full Article and Source:
Las Vegas Woman Fights Religious Group to Save Her Daughter

See also:
Battle to Control Money

Judge Sides With Ward

At least 6 Years in Prison

Former Jackson County lawyer Richard McQuillan said he considers it a "lifelong obligation" to pay back the heirs of an estate he said he plundered to help people in the Dominican Republic.

McQuillan earlier pleaded guilty to three counts of embezzling more than $20,000 from the estate of Robert Howard, who died in December 2006 at age 84.

First, McQuillan is to serve at least six years in prison.

Jackson County Circuit Judge John McBain went well beyond state sentencing guidelines, which called for 10 to 23 months in prison or jail, and sentenced McQuillan on Thursday to six to 10 years in prison.

McBain said the guidelines did not adequately reflect the amount of money stolen — more than $800,000 — and McQuillan's abuse of his position of trust.

McBain: "Action of an attorney like you, it damages the reputation of every attorney in the country."

Full Article and Source:
Former Jackson County attorney will serve at least six years in prison for embezzlement

See also:
Estates Bled Dry

Attorney Plundered $1Million Estate

"Easy" For Attorney or Guardian

In-Home Services Cut

Senior citizens who need home care may have to wait. The Passport program designed to keep the elderly out of nursing homes has been cut in the governor's new budget; that could affect 2,000 people in the area.

Full Article and Source:
Ohio budget restricts in-home services

More information:
Agencies serving older Ohioans say new budget means fewer seniors will receive in-home care

Agencies: Ohio budget restricts in-home services

Lawsuit Against State Facility

A lawsuit has been filed in U.S. Federal District Court alleging abuse at a state mental health treatment facility.

The suit alleges that the Minnesota Extended Treatment Options facility in Cambridge, Minnesota, routinely restrained patients using metal handcuffs and shackles without cause.

The suit also contends the facility secluded patients for extended periods and deprived them of family visits. The facility is run by the state Department of Human Services.

Full Article and Source:
Lawsuit alleges abuse at state-run mental health facility

More information:
Abuses Alleged at State-Run Mental Center

Improper Restraint Common At Minnesota Hospital, Suit Says

Mother Fled With Children

The Sun Valley mother of six who was the focus of an Amber Alert has been involved with child welfare workers since at least 2001, court records show.

Claire Camille Tourand may be on her way to Mexico with four of her six children, authorities said. An arrest warrant has been issued, charging her with unlawful detention, concealment or removal of a child from its lawful custodian.

Social workers declared Tourand a danger to her children, and that they were in an “immediate risk” in her care.

Records show Tourand recently finished a term in the Washoe County Jail related to her 2008 guilty plea to child neglect related to squalid conditions of her home. She pleaded guilty to allowing her children to live in a home where the feces and urine of nine cats and eight dogs saturated her children’s bed and clothing, and where rotted food was scattered around the home. Two rabbits were also in the home.

When she fled the area, her children had been in foster care and social workers were trying to reunite the family, authorities said.

Full Article and Source:
Amber Alert subject investigated for years

Family Files Suit Against Nursing Home

The family of a disabled man and woman filed a lawsuit against a Norridge nursing home claiming the woman was physically assaulted multiple times during her stay at the northwest suburban facility.

The four-count lawsuit also claims the man was given incorrect medications.

Francisca and Arcadio Arce, both disabled, were both admitted to Central Baptist Village, Inc. in June 2004, according to the lawsuit filed in Cook County Circuit court by the Arce's guardian Wilfredo Arce.

The lawsuit claims that Francisca Arce was physically abused and assaulted in her room, the shower or the bathroom at various times between December of 2008 and February 2009.

The lawsuit claims Arcadio Arce was given incorrect medication from October 2008 to February.

Full Article and Source:
Family accuses Norridge nursing home of abuse

Editorial Critical of Report

Grand jury criticism of little-known county agency is itself open to some criticism

An Orange County Register editorial

Excerpts:

Most Orange County residents probably know little or nothing about the county's public administrator/public guardian. So it is odd to have seen this obscure office the subject of various headlines after the Orange County grand jury issued two scathing reports about management procedures there.

Because of the scathing tone of the reports and the nature of the work, which deals with the government's handling of personal assets, we expected the investigation to be filled with allegations of abuse. Instead, the reports focus on detailed complaints about the agency's management structure.

We're not usually given to accepting the "political vendetta" argument, but we do find some things fishy about the double-barreled reports, which complain about excessive management growth, pension spiking and excessively large caseloads by conservators responsible for handling the assets of the clients. For starters, we can't figure out why the grand jury took the unusual step of releasing a second report before the legal deadline had expired for Mr. Williams to respond to the first one.

But how could anything have changed even before the deadline had expired to even respond to the allegations? The second report, which supposedly contained new information, read to us like a rehashing of the first report. Our guess is the grand jury received a leaked copy of Mr. Williams' initial rebuttal to the Board of Supervisors, and lashed out again because they didn't like that he disputed each of their recommendations.

Full Article and Source:
Editorial: The watchdog vs. the guardian

See also:
Senior Tsunami

Egregious Mismanagement at Public Guardian's Office

Rowe Denies Jackson Payoff

A lawyer for Debbie Rowe is denying a new report that she plans to relinquish parental rights to her children with Michael Jackson in exchange for $4 million from the Jackson family.

The New York Post claimed on Tuesday that Rowe was agreeing to forfeit her parental rights to Prince Michael, 12, and Paris Michael Katherine, 11, to the children’s grandmother, Katherine Jackson, in exchange for the hefty sum.

According to a source who spoke to the paper, “This would be it. This takes away any rights she has to challenge custody at any given time.”

However, an attorney for Rowe told Access Hollywood that the New York Post story is “completely false.”

Full Article and Source:
Debbie Rowe won’t trade kids for $4 million

More information:
Jackson's ex-wife denies attempt to sell off parental rights

Lawyer Says "No Deal" with Jacksons and Debbie Rowe; British Paper States Two United Against "Bullying" Joe Jackson

EXCLUSIVE: No Deal For Debbie Rowe!

Preying On Elderly For Money

TX - Cayce police are searching for a man they believe is preying on the elderly in an effort to get money.

Officers are searching for 37-year-old James Lynell Ridgeway, Jr.

Investigators think Ridgeway took money in advance from at least one elderly victim, then did little or no work in return. Officers say the man offered to pressure wash a home and perform other maintenance.

Investigators warned the public not to enter into any agreements with Ridgeway.

Officers say he scammed a woman who doesn't want to be identified. Investigators say Ridgeway pressure washed the woman's home, but promised a number of other services that he did not provide.

On June 30th, the victim says Ridgeway knocked on her door around 7 p.m. with no shirt or shoes.

The elderly woman said: "He said, could you possibly let me clean your house, because I have two little children and I don't have any work."

She says he handed her a flyer and said he could do a number of home repairs, but he needed the money upfront.

"Right then, I was a bit suspicious, but I didn't stop talking to him," she said, "I was stupid enough to give him the money."

But the victim did make him sign a contract and Ridgeway returned the next day with a helper to pressure wash the driveway and house.

"All the time, he was asking me for the money, his friend was out there working on the thing, so, I really didn't have a reason to suspect he wasn't going to do everything else," said the victim.

But when she noticed the contracts were missing off her kitchen table one night, then she knew she'd been scammed.

The victim called the number on the flyer that had worked the day before, and she says it'd been disconnected. But Ridgeway called her, asking to borrow $400 to get his truck out of the shop, and he'd pay her back $550.

Now, she's out $1,300, but not out of advice for others who may come across Ridgeway.

"Don't let him get your sympathy, because he will prey on your sympathy," said the victim.

Ridgeway is 5 feet 10 inches tall, and weighs 160 pounds.

Anyone with information should call Crimestoppers at 1-888-CRIME-SC, or e-mail a tip in to www.midlandscrimestoppers.com. You can also text information in by texting "TIPSC" plus your message to CRIMES (274637). Either way you choose, your identity will remain anonymous, and you could be eligible for a cash reward.

Source:
Police Believe Man Preys on Elderly for Money

Elderly Missing From Nursing Home

NM - Authorities continue to search for a 77-year-old man missing from a Las Cruces nursing home for over a week.

The family of Brayton Smoot is now offering a $5,000 reward for information that leads to his safe return.

Police said Smoot walked away from the Golden Mesa Assisted Living Center around 6:30 p.m. on July 3. He is experiencing the onset of Alzheimer's disease and becomes confused.

Smoot is white with blue eyes and thick, grayish salt-and-pepper hair. He is six feet tall and weighs 185 lbs. He wears glasses and he was last seen wearing khaki pants, a plaid shirt and black boots.

Smoot's daughter, Kathy Smoot, told ABC-7 that her father can respond to his name. She said he was last seen on July 6 on Doniphan in West El Paso when he talked to a police officer. New Mexico state police said Smoot has also reportedly been seen near the Hotel Encanto at Telshor/Foothills, at the corner of El Paseo and Idaho and at the Bridge of the Americas.

Kathy said she believes sudden hard times may have caused her father to leave the nursing home. His wife suffered a heart attack in June and is still being treated, and one of his sons died on July 3. The funeral for his son was Saturday.

Kathy says the family is heartbroken and desperately wants their father back.

Anyone with information on the whereabouts of Brayton Smoot is asked to call Las Cruces Crime Stoppers at (575) 526-8000 or outside the Las Cruces area at 1-800-897-2746. You can also contact the Las Cruces Police Department at (575) 526-0795.

Source:
Elderly LC man still missing; family offers reward money

In The Hands of Strangers

by Carrie K. Hutchens

In early June, I learned about the Gary Harvey case via the Hospice Patient’s Alliance and the National Association to Stop Guardian Abuse (NASGA).

This is a case where a 55 year old man had a heart attack, fell down the basement stairs, and ended up severely brain damaged. It is a case where still another so-called ethics committee felt it had some sort of god-like wisdom and right to determine life or death for a stranger. It is a case where a so-called ethics committee decided, behind closed doors, that it was perfectly okay to starve and dehydrate this man — Gary Harvey — to death by termination of his Total Parenteral Nutrition (TPN) feeding tube.

It’s difficult not to be surprised by people so coldly dismissing the life of another human being, and the willingness to put them down (to sleep) in such a calculating fashion as we now see all too often happening through, and at the hands of, so-called ethics committees. It is difficult not to be surprised, but I always am.

Full Article and Source:
In the Hands of Strangers: The Fight for Gary Harvey

Carrie Hutchens is a former law enforcement officer and a freelance writer who is active in fighting against the death culture movement and the injustices within the judicial and law enforcement systems.

Class Action Against Law Examiners

The American Civil Liberties Union of Indiana has launched a class action against that state's board of law examiners, asserting that inquiries into the mental health of those seeking a law license violate federal disabilities law.

The ACLU filed the lawsuit on behalf of a woman licensed in Illinois who is seeking admission to the Indiana State Bar Association. Identified as "Jane Doe" in the action, the plaintiff seeks an injunction prohibiting the Indiana State Board of Law Examiners from asking certain questions about mental fitness. She also seeks a declaratory judgment that the questions on the application and the board's follow-up procedures violate the Americans with Disabilities Act.

The case mirrors actions in other states that have challenged certain questions regarding mental health on professional license applications. Similar challenges have resulted in the removal or modification of such questions in Maine, New Jersey and Rhode Island.

Full Article and Source:
Lawsuit Claims Indiana Law Examiners Violate the ADA

Theft From Client Trust Fund

A disbarred lawyer admitted that he stole more than $45,000 from a client's trust account.

Russell Cheek made the admission before Superior Court Francis R. Hodgson.

In pleading guilty to one count of theft, Cheek admitted he stole $45,600 from Ralph W. Hulmin, a client for whom he was handling an estate.

Cheek said he made a series of withdrawals from the client's trust account between Dec. 10, 2004, and Feb. 2, 2007, and used the money for his own purposes.

The victim was reimbursed from the state bar association's client-security fund, and Cheek has since made full restitution to the bar association.

Full Article and Source:
Disbarred Lakewood lawyer admits theft from trust account

Deal Reached in Will Fraud Case

John P. Karoly Jr. pleaded guilty to charges of dodging $1.9 million in federal taxes by hiding more than $5 million in income.

In return, prosecutors agreed to drop all charges relating to an alleged fraud scheme in which Karoly, 59, was accused of fabricating wills after his brother and sister-in-law died in a plane crash.

But under the terms of the guilty plea, Karoly also promised that he would drop his claims in the state court battle over the couple's estates and renounce any share in those estates.

Assistant U.S. Attorney Seth Weber said Karoly has also agreed to a non-jury trial to resolve a third category of charges in which Karoly is accused of scheming to get a $500,000 tax deduction for charity by laundering money through a church.

Full Article and Source:
Lawyer Charged With Forging Brother's Will Pleads Guilty to Tax Charges

See also:
Lawyer Charged with Will Fraud

Under the Watchful Eye of Probate

When Marshall Grear's young granddaughter received $42,000 in an accident settlement several years ago, he assumed the money would be waiting for her when she turned 18.

The stock market has changed that.

The money seemed safe because it is controlled by a Genesee County Probate Court-appointed conservator -- not a cent can be touched without a court order.

Grear figured he had no need to worry. That is until he took a look at a statement earlier this year when he gained custody of his now 15-year-old granddaughter.

Grear: "She lost about $17,000 last year when the stock market crashed. Someone should be responsible for that money."

His granddaughter's money, like many other Probate Court funds for minors, had been invested in the market through the years to yield higher returns.

When the market tanked last year as the economy worsened, dozens of conservatorship accounts took a dive, such as Grear's granddaughter's.

Some lost close to $100,000.

But court officials and local attorneys who act as conservators said there is nothing illegal about investing the funds in the market -- even if there are big losses.

Full Article and Source:
Stock drops hurt kids' funds under watchful eye of Probate Court

Second Delay in Guardianship Hearing

A court official says a guardianship hearing for Michael Jackson's kids has been delayed for a week.

A court spokeswoman says the hearing was granted at the request of Jackson's mother, Katherine Jackson and the singer's ex-wife, Debbie Rowe.

L. Londell McMillan, an attorney for Katherine Jackson, says the delay will give both sides time to work out a private and amicable resolution.

Rowe has not yet indicated in court filings whether she intends to seek custody of Jackson's three children, who range in ages from 7 to 12.

It is the second time that Rowe and Katherine Jackson have sought a delay in the guardianship case. The hearing will now be held July 20.

Source:
One week delay in Jackson guardianship case

More information:
Court delays hearing in Jackson guardianship case

See also:
Guardianship Hearing Postponed

Trust Fund For Pets

Governor M. Jodi Rell signed a bill that allows pet owners to set up enforceable trusts to care for their animals, ensuring that the animals are not neglected or euthanized if they die before their pets.

Governor Rell: "Those who derive joy from the companionship of their devoted pets can now have peace of mind knowing their pets will be properly cared for when they are no longer around. Pets ask nothing of us but kindness and, in turn, reward us with unconditional love."

Senate Bill 650, An Act Concerning the Creation of a Trust for the Care of An Animal, requires that the pet owner designate a “trust protector,” someone whose sole duty is to act on behalf of the animal, ensuring the pet receives the proper care.

A Superior Court or probate court would have jurisdiction over the trust, which terminates when the last surviving animal dies. The trust protector can seek legal action in either court to remove or replace a trustee, the individual overseeing the fund, if the money was spent on anything other than its intended use.

Full Article and Source:
Bill to allow pet owners to set up trusts for animals

Charging Mom For Caregiving

A corporation formed by two brothers will be allowed to charge their mother more than $5,200 per month to care for her in her own home.

The ruling was made by David Mouton, Jasper County probate judge, in a dispute involving brothers Charles, Larry and Dale Chrisman over issues including the care of their mother, Dorothy Chrisman.

In addition to approving the charge assessed by Larry and Dale Chrisman, Mouton also approved payments of nearly $42,000 that had been taken by the brothers’ company without prior authorization by the court. Larry Chrisman must report to the court on expenditures from his mother’s estate because he was named her guardian and conservator June 12, 2008, after she was found by the court to be disabled and incompetent.

Mouton: "In an ideal world, no one would charge to take care of their mother. But in-home care is expensive, and I agree she should be kept in her home."

Full Article and Source:
Probate court allows charges prompting brother’s challenge

Support Group For Parents

Since moving to Patterson in October, Bettina Mays has come to love her new home and community. But there’s a part of her that feels isolated, and she hopes a support group she’s organizing will help with that.

On Tuesday, July 14, Mays will host a support group for parents of children with developmental disabilities. She plans to offer meetings once a month.

Mays: "It’s supportive and comforting to find people like yourself."

Mays’ 19-year-old son has autism, a developmental disability that effects a person’s communication skills and interactions with others, according to the Autism Society of America. That means along with the typical challenges of being a mother, Mays has to care for her son’s additional needs.

She’s committed to that task, but it’s not without its stresses. Compounding that stress, she said, is the fact other parents often have a hard time relating.

Government agencies provide some support, but Mays doesn’t believe those agencies always have the family’s best interest in mind. She worries the agencies often push giving guardianship of the child to the state, she said.

Full Article and Source:
Support group started for parents of disabled children

117 Probate Courts Reduced

A new law that will reform the probate court system could mean drastic changes for northeastern Connecticut towns.

Seven probate courts serve the towns of Brooklyn, Canterbury, Killingly, Plainfield, Pomfret, Putnam, Sterling, Thompson and Woodstock. Canterbury and Sterling are served by the Plainfield court.

Probate courts also are known as family courts. Cases vary from settling estates to deciding parental rights and guardianship.

Combined, the seven northeastern Connecticut courts heard more than 1,800 matters in 2008.

But with the reform law signed last month by Gov. M. Jodi Rell, the 117 probate courts across the state will be reduced to between 44 and 50.

Full Article and Source:
Single probate court may serve 9 northeastern Connecticut towns

More information:
A plan creating 50 probate court districts in Connecticut by consolidating the present 117 has been written by the Probate Court Assembly.

Probate judges met in Hartford to arrive at the first in a series of steps that will reform the state's 300-year-old probate court system.

They were responding to a bill signed by Gov. M. Jodi Rell June 12. The law is designed to make the courts more self-sustaining financially and more efficient.
Proposed probate court changes announced

See also:
Rell Signs Legislation

Senior Tsunami

With Los Angeles County facing a "senior tsunami" in the decades ahead, county officials are not adequately prepared to deal with the explosion in demand for senior services and a growing rate of physical and financial crimes against the elderly, the civil grand jury warns in a new report.

As baby boomers age, the county's senior population is expected to double from 1.6 million today to 3 million by 2030, placing increasing pressure on the nearly 100 programs in 24 county departments that provide services to seniors and adults with disabilities, according to county data.

"This pending `senior tsunami' will dramatically impact the need for senior services for elders," grand jurors wrote. "This civil grand jury investigation shows the county is not adequately prepared as the population ages for the significant increase in demand for elder abuse prevention programs and services."

Also with the rise in the senior population has come a big jump in crimes targeting the elderly.

Full Article and Source:
LA. County grand jury issues `senior tsunami' warning

See also:
Egregious Mismanagement at Public Guardian's Office

Marshall Falls At Trial

During a morning break in testimony at his trial in State Supreme Court, Mr. Marshall became dizzy while using the bathroom, said Kenneth E. Warner, one of his lawyers. His body crumpled and his head smacked into the partition in a stall.

A folding chair was brought into the bathroom, where Mr. Marshall’s wife, Charlene, Mr. Warner and court officers tended to him. Paramedics later arrived, and Mr. Marshall was rolled out on a stretcher about 12:30 p.m.

Justice A. Kirke Bartley Jr. suspended testimony for the rest of the day.

Full Article and Source:
Astor’s Son Falls, Halting Testimony for a Day

More information:
Brooke Astor's son falls in NYC courthouse

See also:
Brooke Astor - Anthony Marshall Trial

Interview With Harvey

It's a local Terry Schiavo story. Four years ago, Gary Harvey had a heart attack and fell down the basement stairs -- and was brain damaged. His wife Sarah ended up losing guardianship of her husband while trying to protect him. FLN's Sarah Harnisch went directly to Sarah just weeks before a court decides whether or not the state will take out Gary Harvey's feeding tube.

Source and Radio Show:
FLN News - The Gary Harvey Story

See also:
Life In Court's Hands

The Gary Harvey Story

Woman Accused of Victimizing an Elderly

CA - Bakersfield Police need help finding a woman accused of victimizing an elderly person.

Police say the suspect stole property, and money from the victim's northeast Bakersfield home.

The suspect is 24-year-old Lauren Ruth Vance, the incident she's wanted for stems from a burglary in April where authorities say Vance was familiar with the elderly victim, and cased the home prior to burglarizing it. Detective Mary DeGeare: "The elderly are more vulnerable, they come from a time period where they want to trust people." It's that trust police say may have been violated Vance allegedly broke into a home in April, stealing money, and property from an elderly resident.

DeGeare: "She knew them, she was familiar with their habits, with their assets, and waited until they were not home, and planned and participated in the burglary."

Police say Vance is wanted for residential burglary, grand theft and financial elder abuse.

Sandy Morris, with the BPD's crime prevention unit: "Financial abuse to an elder is financial suicide."

Morris say in these types of situations, where the suspect knows the victim, then takes advantage of them, it can be especially damaging.

Morris: "If you and I get taken advantage of, we buy something that's bogus and we have to recoup the money, we can go to work tomorrow and make it back. But a senior has no way of doing that."

That's why Morris says it's important to keep a watchful eye on your elderly residents.

If you have any information on this case, or know the whereabouts of Lauren Vance, you are asked to call police at 327-7111.

Source:
Bakersfield police need help finding a woman accused of elder abuse

Sheriff Addresses Elder Abuse

A couple of saddening cases of elder abuse raise new concerns about how well we protect some of the most vulnerable people in our community: the elderly.

It's a crime that's tough to stomach, and the Salt Lake County Sheriff says it's on the rise.

Sheriff Jim Winder" "We need to start talking about the issues of the aged and look at them in a new light. We've seen some very tragic reminders of that recently."

Ninety-year-old Beatrice Barker lived in a West Valley City home with her granddaughter-in-law and caretaker Angie Barker. According to court papers, the grandmother died last month after significant weight loss, suffering from pneumonia and bed sores. The granddaughter faces a felony elder abuse charge.

In another case, prosecutors say Michael Hansen Jr. and Christopher Hansen beat up their grandmother, urinated on her and left her injured in a bathroom in her Salt Lake City home.

Winder says they used to see a half-dozen elder abuse cases a year; now it's more than a dozen a month.

Full Article and Source:
SLCO sheriff says new approach needed to fight elder abuse

Egregious Mismanagement at Public Guardian's Office

The Orange County grand jury issued a scathing report criticizing the public administrator/public guardian's office for "egregious" mismanagement, including questionable promotions that cost hundreds of thousands of taxpayer dollars.

The report, the jurors' second on the subject, concluded "that a complete restructuring" of the office was necessary.

Jury foreman Jim Perez: "It was outrageous behavior."

The public administrator settles the estates of the deceased; the public guardian takes care of people under legal conservatorship. The department handles estates valued at more than $38 million each year, according to the report.

In a move to reduce county costs, the office of the public guardian was split from the Health Care Agency in 2005 and combined with the public administrator.

But instead of saving money, the first grand jury report said, costs went up because of additional management salaries. Staffing levels have risen from seven managers for 67 employees at a cost of $529,796 to 10 managers for the same number of employees at $1.04 million.

Jurors intended to issue only one report on the agency. But within two weeks of its release in May, they got a "significant" number of calls and letters informing them that not only had management not changed, but that the situation had worsened.

Full Article and Source:
O.C. grand jury again criticizes public administrator/public guardian's office

Marine Recruiter Ignores Conservatorship

A few days after he arrived at boot camp, Joshua Fry no longer wanted to be a Marine.

He was confused by the orders drill instructors shouted at him. He was caught stealing peanut butter from the chow hall. He urinated in his canteen. He talked back to the drill instructors. He refused to shave.

Finally, he set out toward the main gate as if to head home. He was blocked, but now he had the chance to tell his superiors a secret: He was autistic. Fry figured this admission would persuade the Marines to let him return to the group home in Irvine for disturbed young adults where he was living when he enlisted.

Instead, he was sent back to Platoon 1021, Company B. The drill instructors became more helpful, and in April 2008 he finished the grueling 11-week regimen and was sent to Camp Pendleton for infantry training.

Within weeks he was under arrest for desertion and possession of child pornography.

According to court documents, Fry's recruiter knew he was autistic. The Marine Corps is investigating the recruiter's conduct.

When he was 18, his grandmother went to court to become Fry's legal conservator. Under the conservatorship, Fry is prohibited from signing contracts without his grandmother's approval.

Mary Beth Fry said that she told the recruiter her grandson needed her approval to enlist, but that he ignored her.

Fry's lawyer, Michael Studenka, sought to have the charges dismissed and Fry discharged on the grounds that he should not have been allowed to enlist because he cannot legally sign contracts. A Marine judge rejected that motion.

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Case of autistic Marine brings recruiting problems to the forefront

Legislation to Stop Senior Abuse

Legislation and local efforts are being made to protect the senior population against abuse.

State Rep. Jennifer Haase has recently revealed new legislation that takes aim at preventing the mistreatment of senior citizens, whether it's for financial exploitation or physical and sexual abuse.

Sandy Keown, director of the Romeo Senior Center and Washington Senior Center, said the problem isn't very prevalent in the area, but she has seen cases of elderly abuse over the years.

"Seniors are being preyed on so much, especially in this economy, and they are just so trusting, so it's really sad when we see things happen."

She said roughly 30 to 40 percent of the local population is made of seniors, and is growing at an increasing rate as Baby Boomers begin to reach their senior years.

The National Center on Elder Abuse (NCEA) say the crime is under reported, estimating more than 73,000 of Michigan's adults are abused each year.

"Senior abuse is a very tough problem because no one wants to admit there's a problem. The seniors are afraid that if they say anything, it gets worse for them, and sometimes it does."

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Preventative measures taken to stop elder abuse