Lawyers Set to "Square Off"

Lawyers for Michael Jackson and his family on Sunday prepared to square off in a courtroom hearing over control of the singer's estate as media reports mounted about powerful drugs that may have contributed to his death.

One legal expert predicted the existence of a 2002 will signed by Jackson means his mother, 79-year-old Katherine Jackson, will likely be forced to give up temporary control she now has over his affairs.

Attorney Michael G. Dave: "Given the existence of the will and the expression of Michael's intentions, the only likely outcome is Katherine's powers will be terminated and she will no longer have any power to deal with the estate."

Katherine Jackson was granted temporary administrator of her son's affairs last week before the will became known.

It puts his estate, which in an attachment is valued at more than $500 million, into a family trust that benefits his three children, his mother, and charities.

Full Article and Source:
Lawyers set to square off over Michael Jackson estate

Attorney Wants Statements Suppressed

The attorney for a woman accused of killing her newborn daughter says the woman's statements to law enforcement shouldn't be used in court because officers were not diligent enough in getting information about her mental health.

Defense attorney Tim Purdon argued that Gennifer Glum's statements to detectives during an hour-and-a-half interview while she was in the hospital should be suppressed, as her guardians did not consent to waive her Miranda rights.

Glum was charged in December 2007 with Class AAfelony murder for the Dec. 6, 2007, asphyxiation death of her newborn daughter. She has pleaded not guilty to the charge.

Glum was found by a judge to be an "incapacitated person" in Nebraska in 2005. Her parents were appointed to be her guardians, and she has lived with her father in Bismarck since then.

Full Article and Source:
Glum attempts to suppress statements

Real Estate Scam

State security officers served a search warrant at the office of a man charged with senior exploitation, as more victims continue to come forward in an investigation of a real estate scam.

Five more potential victims of Jamal Eljawaidi, also known as Jean Marc, came forward after Secretary of State Ross Miller issued an arrest warrant for him last week. Eljawaidi is still at large.

Eljawaidi initially was sought for elder exploitation in December 2004. The recent victims say they fell for investments with the real estate developer from 2005 through 2008.

In one case Eljwaidi took $400,000 from a 67-year-old man, who has been diagnosed with several mentally incapacitating conditions. Investigators said that Eljwaidi told the man he would be an equal partner in a commercial real estate venture.

Instead, Eljwaidi used up to $600,000, including the man's money, to live a lavish lifestyle while leaving the elderly man destitute.

With evidence gathered by investigators with the search warrant, Eljwaidi could face new charges including securities fraud, sale of unregistered securities, obtaining money under false pretenses and racketeering.

Eljwaidi's attorney, Steve Wolfson, also a Las Vegas City councilman, said in Justice Court recently that his client was out of the country. However, the Nevada Attorney General's Office said it has information that he is in the United States.

Anyone who knows where to find Eljwaidi or who invested with him or his companies, Babuski LLC and JKG Development, or anyone who believes they may have been a victim, is asked to call the Secretary of State's Office in Las Vegas at 486-2440, or (775) 688-1855 in Carson City.

Full Article and Source:
Officials searching for man accused of senior exploitation

Junk Justice

Lawyer Says Everyone Needs a Will

Attorney Ron Skrenes says even if you don't have millions of dollars... it's still important to have a will.

Skrenes says anyone over 18 years old should have one and if you get married or have children it needs to be updated.

He says there are five main reasons for a will.

1. To appoint a guardian for your children

2. To set up who will receive your property

3. To establish who will be in charge of dividing your assets

4. To establish a trust fund for any of your beneficiaries

5. To plan the amount of taxes on your estate

Full Article and Source:
Stevens Point Attorney Says Everyone Needs A Will

Controlled by Conservators

Thank you for informing the public about what it is like to be put under conservatorship [“Disorder in the Court,” 5/28/09]. This week, I still haven’t been given money to buy groceries and personal needs. The strange situation is that this is my own money which is controlled by the conservators! This all happened because of the auto accident in which my husband was killed and I was seriously injured, but I am now recovered. The last conservator promised this to be a temporary thing, but now it’s been almost four years. She is now turning me over to the Public Guardian, which I oppose.

Of course there is much money to be made off of me, so there is no hurry to conclude the conservatorship.

My own doctor of 20 years, Dr. George Halling, questions my need to be under conservatorship and wrote a letter to that effect. My court-appointed attorney has done nothing to support this letter or the neuropsychiatrist that I chose to evaluate me last year. Her evaluation stated that I didn’t need conservatorship, or caregiving. — Patricia Rosen

Full Article and Source:
Trouble With Probate

See also:
Judge Orders Private Conservator Be Replaced With Public Guardian

Guardian Troubles

Guardian Troubles-Susan Mclendon and Luke Humphrey Part 1


Guardian Troubles-Part 2 - Susan Mclendon and Luke Humphrey


Guardian Troubles-Part 3 - Susan McLendon and Luke Humphrey


Guardian Troubles-Part 4 Susan Mclendon and Luke Humphrey


Guardian Troubles Part 5 Susan Mclendon and Luke Humphrey


Guardian Troubles Part 6 Susan Mclendon and Luke Humphrey


Guardian Troubles- Part 7 Susan Mclendon and Luke Humphrey


Susan and Bill Mclendon on Luke Humphrey at Glen Rose Nursing Home


Susan & Bill McLendon denied Access to visit son in Glen Rose Nursing Home
Part 2


Susan and Bill Mclendon denied access to son in Glen Rose Nursing Home
Part 3


Why the Restrictions on Visitation on Susan Mclendon and Luke Humphrey?

DCFS Often Fails Deadline

State auditors say the Illinois agency responsible for protecting children often fails to meet the deadline for a follow-up review of a child’s death.

The review comes after the Department of Children and Family Services’ formal investigation of possible child-abuse deaths. The goal is to see if there was any way to prevent the death and to improve handling of abuse cases.

DCFS is supposed to conduct a review within 90 days of the formal investigation being completed.

But the auditor general’s office reported that the average wait was 200 days after the child died. In one case, the follow-up review took well over a year – 496 days.

DCFS says a lack of staff contributed to the problem.

Source:
Ill. child-welfare agency slow to review deaths

See also:
Public Guardian Speaks Out

Probate Pitfalls

Michael Jackson’s will has been made public. Debbie Rowe says “I want my children.” The DEA is now investigating and the tour might go on. This story isn’t going away, but as much of the world watches to see how events unfold, one certainty exists - this scenario will provide great opportunity to expand the dialogue regarding probate corruption and estate abuse.

The probate aspects of this case are important. The legal industry will respond in lockstep to extoll the importance of "proper estate planning," but any analysis of inheritance rights issues shows that the best of estate plans can be rendered ineffective when assaulted by modern day grave robbers and other property poachers - often in concert with legal industry professionals who claimed (and were paid) to provide protection.

In fact, an estate of $500,000 - $1 million can be a dangerous "sweet spot" of special appeal for asset looters who use probate instruments (wills, trusts, guardianships or powers of attorney) to commit Involuntary Redistribution of Assets (IRA) acts that divert resources of the dead, disabled or incapacitated.

Lou Ann Anderson is an Examiner from Austin and blogs at Estate of Denial

Full Article and Source:
Jackson estate to enhance discussion of probate pitfalls

NASGA Celebrates Independence Day

NASGA
National Association to STOP Guardian Abuse
http://www.stopguardianabuse.org/

http://nasga-stopguardianabuse.blogspot.com/

PRESS RELEASE
For immediate release

July 4, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
___________________________________________
NASGA Celebrates Independence Day
___________________________________________

On this traditional day when we celebrate our Independence, NASGA brings to public attention the plight of many of our nation’s most vulnerable citizens - the elderly and disabled (including disabled or elderly Veterans) - who have lost their Independence through a legal process known as guardianship or conservatorship.

"Wards of the State" are stripped of all their civil rights and liberties in the name of “protection.” Many are forced into nursing homes, drugged, and isolated from family and friends. Everything they have worked a lifetime to attain is taken from them to pay administrative and legal fees for their court-ordered “protectors.” Some die premature deaths. Others spend what should be their golden years in misery and suffering. Families struggling in vain to save their loved ones from this nightmare are broken, emotionally and financially.

If America is truly the land of the free, it must protect its vulnerable citizens from incarceration against their will for the monetary benefit of those who prey on the weak and defenseless, as well as those who enable this type of plunder.

Guardianship Hearing Postponed

A judge delayed a hearing over guardianship of Michael Jackson’s three children at the request of attorneys for the singer’s mother and ex-wife.

Los Angeles Superior Court Judge Mitchell Beckloff postponed the hearing, originally scheduled for Monday, until July 13. Court spokeswoman Vania Stuelp said that a hearing on Jackson’s estate, which was also scheduled for Monday, will go on as scheduled.

Attorneys for Katherine Jackson, Michael Jackson’s mother, and for Debbie Rowe, the mother of the singer’s two older children, jointly filed the request asking for the delay, but did not specify why they wanted more time.

Full Article and Source:
Hearing in Michael Jackson child guardianship case postponed

See also:
Custody Battle Begins

Campaign Against AGTA

Canada - A group of seniors are campaigning against the recently passed Adult Guardianship and Trusteeship Act (AGTA), while the province is chasing its tail to refute “misinformation” about the legislation.

The Elder Advocates of Alberta Society recently came to the tri-area to “warn” people about the act that they say will essentially take away senior citizens’ right to make decisions, and for others to assume control over their hard-earned savings and assets.

Ruth Maria Adria, an elder advocate, who spoke to a group of tri-area seniors at the Stony Plain Seniors’ Centre on June 20: “When you get frail this legislation declares seniors incompetent. They have no right to anything – no right to their money, to their home, even to their mail or their Christmas cards. The (new) act allows someone to take control of your estate or your money and you have absolutely no access to your safe. A part of the act says that only the court will be allowed to look at your financial statements and books. You won’t be allowed to look at them.”

Full Article and Source:
Seniors say no to new guardianship act

Custody Battle Begins

More information:
Debbie Rowe told a Los Angeles TV station that she will undergo DNA testing to prove she is the biological mother of Prince Michael, 12, and Paris, 11. She wants a restraining order to keep Jacko's dad Joe away from the kids.

Debbie spoke out after it emerged she was "intentionally omitted" from the star's £500 million will.

It revealed Jacko wanted his mum Katherine to be the children's guardian.

A judge has delayed a guardianship hearing at the request of lawyers for Katherine and Debbie.

Jacko's alternative choice was singer Diana Ross.

A source close to Debbie said: "Katherine is elderly. And the idea the kids would go to Diana Ross ahead of their biological mother is just stupid."

MICHAEL Jackson's former wife Debbie Rowe last night declared: "I want my children."

See also:
Jackson's Mom Gets Temp. Guardianship

Checkbook-Swiping Woman

ILL - A woman who police have a surveillance photo of is suspected of stealing check books from elderly women as they shopped at stores in two western suburbs, then cashing several of the checks.

The suspect, who appears to be about 5-foot-3 and weighs 125 pounds, is suspected of lifting the checkbook out of the purse of a 68-year-old North Aurora woman who was shopping at a grocery store in the 1200 block of North Lake Street in Aurora on May 13, the release said. The victim told detectives that the suspect first asked the woman if she would hand her an item from an upper shelf, apparently to distract her. The victim then found out that the woman cashed one of her checks about 45 minutes after she discovered her check book missing.

Also on May 13, Oswego Police said a woman noticed her wallet missing after she shopped at a grocery/department store at Route 30 and Orchard Road. Later in the day, the woman cashed a check from the victim's account at a bank in the 6600 block of Route 34, which is the picture police are releasing from the surveillance system.

The suspect struck again on June 23, after a 79-year-old woman noticed her checkbook missing after shopping at a home improvement store in Oswego. Later the same day, the suspect cashed two checks from the woman's account at an Aurora bank in the 1300 block of North Farnsworth Avenue.

The total loss in the three incidents is about $3,500. In all three cases, the suspect apparently used an out of state identification card that turned out to be stolen last year.

Anyone with information on the identity of the woman is asked to call Aurora Police, (630) 801-6655, Oswego Police (630) 551-7349; or Aurora Area Crime Stoppers, (630) 892-1000. Callers to Crime Stoppers are anonymous and qualify for a cash reward of up to $5,000 for information that leads to an arrest.

Source:
Woman Suspected Of Lifting Checkbooks From Elderly

Federal Government Intervention

Fewer Kids in Foster Care

Slightly more than a decade ago, 52,000 children were in the custody of the State of Illinois.

Over the years that number dropped considerably -- to nearly 16,000 -- due to relatives stepping up to keep families together. However, African-Americans still dominate the group, said a spokesman for the Department of Children and Family Services.

As of April 30, there were 15,912 children statewide in foster care. In Cook County, there were 6,816. Of that county total, 79 percent are African-American, according to DCFS spokesman Kendall Marlowe.

Foster care is the temporary placement of children outside their homes due to abuse, neglect or dependency. Wards of the state are either in non-relative foster homes, homes with a relative, or in group homes or centers.

Marlowe: "The ultimate goal is to return the child home once issues are resolved. When that’s not an option, the department advocates for subsidized guardianship or seeks adoption for the child."

Full Article and Source:
Fewer kids in foster care than a decade ago

Michael Jackson's Will Filed

Michael Jackson's 7-year-old will was filed in a Los Angeles court, giving his entire estate to a family trust but cutting out his former wife Debbie Rowe.

The will, dated July 7, 2002, estimated his estate at that time at more than $500 million.

It gives the entire estate to the Michael Jackson Family Trust.

The documents said Jackson's estate consisted almost entirely of "non-cash, non-liquid assets, including primarily an interest in a catalogue of music royalty rights which is currently being administered by Sony ATV, and the interests of various entities."

His mother, Katherine Jackson, is named as a beneficiary of the trust and the guardian of Jackson's three young children, who are named in the will.

The will names Diana Ross as a successor trustee to Jackson's mother if necessary.

Full Article and Source:
Jackson’s will cuts out ex-wife Debbie Rowe

See also:
Jackson's Mom Gets Temp. Guardianship

A Storm Brewing

Ed Asner on Elder Abuse

See also:
Are Your Parents Safe?

New Criteria for Appointing Guardians

Gov. John Baldacci this week is expected to sign a bill that raises the legal bar for appointing a guardian, such as for someone with developmental disabilities or an elderly person.

"I'm really, really happy. It's about time the government takes it seriously," says Christina Mailhot of Portland, a member of Speaking Up for Us, an advocacy group for people with disabilities. Mailhot, who has Down's Syndrome, doesn't have a guardian making personal decisions for her, but says some of her friends do, even though they are capable of directing their own lives.

Mailhot: "It really makes me mad because I know they're independent and I know they can do things on their own, but whoever their guardian is is making it harder for them to be on their own and I don't think that's fair."

Several thousand Mainers have a guardian or a conservator - someone who makes financial decisions for them. The legislation may spur more of these so-called "protected persons" to terminate these legal arrangements, says Staci Converse, an attorney with the Disability Rights Center.

"I think it may encourage people to try to get out of guardianships because the guardian will have to continue to prove now by clear and convincing evidence that the guardianship continues to be necessary."

Full Article and Source:
Disabled and Elderly Advocates Hail New Criteria for Appointing Guardians

Jackson's Mom Gets Temp. Guardianship

The children of Michael Jackson, ages 7, 11 and 12, were placed under the temporary guardianship of their paternal grandmother, Katherine Jackson, by a Los Angeles judge.

The biological mother of Jackson's two oldest children, Debbie Rowe, will be invited to a hearing next Monday in which the judge will consider who should have custody of them. She has, so far, not publicly indicated whether she will challenge the Jacksons for custody.

The Jackson family said it has not found a will for the singer, which would leave the division of his estate to the court.

The judge also gave Katherine Jackson temporary control of her son's "tangible personal property."

Full Article and Source:
Michael Jackson's mom gets kids, estate control for now

See also:
When Guardianship Nominations Go Bad

Blue Ribbon Committee

It's about protecting those who can't protect themselves

Hells Canyon Circuit Superior Court Judge William Acey has set up a blue ribbon committee of over a dozen lawyers to review and oversee guardianship cases.

Acey: "For a person who is disabled either through illness or infirmity or Alzheimer's or maybe a young person, underage, that has received some money in a car wreck or something like that, the law requires that guardianship be appointed for them either over their property or their person to help them with lifestyle decisions and financial decisions."

The review process is meant to ensure that these people are not getting ripped off by whomever is overseeing their accounts.

Full Article and Source:
Blue ribbon committee set up to examine guardianship issues