Relatives of a 63-year-old Rochester woman who died three years ago have filed a wrongful death lawsuit against a foster care facility for the elderly.
The lawsuit alleges that staff at the Rehoboth Disabled & Elderly Foster Care in Rochester failed to make sure Cletus Ilene Sedlacek was on 24-hour oxygen the morning of Aug. 7, 2006, as required.
She was found at 9:41 a.m. that day, lying face down in the yard. She died seven days later at Saint Marys Hospital.
Her daughter, Veronica Lynn Mahoney, who is trustee for the heirs, has filed the civil lawsuit against the facility and its owners, DeAnn and Armin Schrimpf of Oronoco and DeAnn Schrimpf's daughter, Amanda Beery.
Attorney claims
The multi-count complaint alleges negligence, wrongful death, negligent training and supervision of staff, medical malpractice and fraud.
Mark Solheim of St. Paul, attorney for the defendants, said Minnesota and federal law prohibits him from disclosing information related to Sedlacek's medical condition and her residency at the group home.
"But I can tell you the allegations that have been alleged against my clients will be vigorously defended. We do not believe my client deviated from the standard of care," he said. "We believe the plaintiffs claim damages that are grossly overstated."
Full Article and Source:
Family Sues Foster Home Over Woman's Death
Monday, August 31, 2009
Stealing From Mom and Dad in Oregon
Ask Clara Philpot how she's doing, and she'll answer with a beaming smile and a hearty "Fantastic." Ask the 87-year-old who is president or the name of the dog napping in her lap and she can't say.
Philpot, who was diagnosed with Alzheimer's disease in 2002, also can't explain how or why she borrowed almost $1 million to finance a luxury home in Sherwood and immediately deeded half to Gayla and Jeff Ross, a daughter and son-in-law who took care of her.
After looking at the evidence, however, a Clackamas County jury took less than two hours to find Gayla Ross guilty of aggravated theft and first-degree criminal mistreatment.
Ross now faces prison. She will be sentenced Sept. 8 along with her husband, Jeff Ross, a former Washington County sheriff's deputy who was convicted of first-degree criminal mistreatment.
Philpot's net worth now is zero -- she gets by on Social Security -- and she could soon be homeless. The debt on the Molalla house she and her husband bought 43 years ago, and once owned free and clear, now exceeds the property's value, and she hasn't made a mortgage payment for two years.
Three years ago, Clara Philpot appeared to have the resources to comfortably live out her days at her Molalla home, cared for by her children and other loved ones.
Then Gayla Ross took command.
"It took Gayla less two months to squander a lifetime of work," said Chris Farley, a court-appointed guardian who now manages the details of Philpot's foggy life.
Full Article and Source:
Stealing From Mom and Dad in Oregon
Philpot, who was diagnosed with Alzheimer's disease in 2002, also can't explain how or why she borrowed almost $1 million to finance a luxury home in Sherwood and immediately deeded half to Gayla and Jeff Ross, a daughter and son-in-law who took care of her.
After looking at the evidence, however, a Clackamas County jury took less than two hours to find Gayla Ross guilty of aggravated theft and first-degree criminal mistreatment.
Ross now faces prison. She will be sentenced Sept. 8 along with her husband, Jeff Ross, a former Washington County sheriff's deputy who was convicted of first-degree criminal mistreatment.
Philpot's net worth now is zero -- she gets by on Social Security -- and she could soon be homeless. The debt on the Molalla house she and her husband bought 43 years ago, and once owned free and clear, now exceeds the property's value, and she hasn't made a mortgage payment for two years.
Three years ago, Clara Philpot appeared to have the resources to comfortably live out her days at her Molalla home, cared for by her children and other loved ones.
Then Gayla Ross took command.
"It took Gayla less two months to squander a lifetime of work," said Chris Farley, a court-appointed guardian who now manages the details of Philpot's foggy life.
Full Article and Source:
Stealing From Mom and Dad in Oregon
Audit Says Funding Misused
Money earmarked for legal services for children used to pay court master, Pa. draft report says.
The previous Luzerne County court administration used state funding that was earmarked for one purpose to funnel more pay to an employee, despite two warnings that the practice wasn’t allowed, according to a draft audit obtained by The Times Leader.
The funding was supposed to cover attorney representation for children facing removal from their homes due to abuse and neglect – officially called “guardian ad litem” services.
Instead, the administration used the state’s guardian funding to pay Orphan’s Court worker Michael Shucosky, also an attorney, more than $200,000 for additional work as a court master. A master presides over some court actions in place of a judge.
Full Article and Source:
Audit Says Funding Misused
See also:
Plea Agreement Rejected
Judges Plead Guilty
The previous Luzerne County court administration used state funding that was earmarked for one purpose to funnel more pay to an employee, despite two warnings that the practice wasn’t allowed, according to a draft audit obtained by The Times Leader.
The funding was supposed to cover attorney representation for children facing removal from their homes due to abuse and neglect – officially called “guardian ad litem” services.
Instead, the administration used the state’s guardian funding to pay Orphan’s Court worker Michael Shucosky, also an attorney, more than $200,000 for additional work as a court master. A master presides over some court actions in place of a judge.
Full Article and Source:
Audit Says Funding Misused
See also:
Plea Agreement Rejected
Judges Plead Guilty
Sunday, August 30, 2009
Dying Woman Recovers, Says Relatives "Robbed Me Blind"
Shortly after two women gained power of attorney from a dying 83-year-old relative, they took all of her possessions and sold her house of 56 years, police said.
The pair pocketed the $235,000 from the house sale and cleaned out the elderly woman's bank accounts and savings, sharing the money among themselves and family members, police and prosecutors say. They also arranged and pre-paid for her funeral.
However, Evelyn Roth made an amazing recovery and had no idea what her relatives were up to.
Now the two suspects, Roth's cousin Virginia Ann Kuehn, 66, and her niece Kathleen Sue Jingling, 53, face a 35-count felony indictment charging them with first-degree criminal mistreatment, aggravated theft and first-degree theft. They've pleaded not guilty.
Roth, a sprightly white-haired woman with a ready laugh and remarkable memory, showed up at Multnomah County Circuit Court for her relatives' arraignment this week. Portland Officer Deanna Wesson, who investigates elder abuse, wheeled Roth up to the judge so she could explain what happened.
"They robbed me blind," Roth said. "Everything was for money, just to get money, money, money. That's not the way it should be."
Roth said she pursued criminal charges because she's lost her savings and all her possessions to relatives who betrayed her trust. "I think they need to be taught a lesson. ... I feel like I helped raise Virginia. That's why it hurts so bad."
Full Article and Source:
Dying Woman Recovers, Says Relatives “Robbed Me Blind”
The pair pocketed the $235,000 from the house sale and cleaned out the elderly woman's bank accounts and savings, sharing the money among themselves and family members, police and prosecutors say. They also arranged and pre-paid for her funeral.
However, Evelyn Roth made an amazing recovery and had no idea what her relatives were up to.
Now the two suspects, Roth's cousin Virginia Ann Kuehn, 66, and her niece Kathleen Sue Jingling, 53, face a 35-count felony indictment charging them with first-degree criminal mistreatment, aggravated theft and first-degree theft. They've pleaded not guilty.
Roth, a sprightly white-haired woman with a ready laugh and remarkable memory, showed up at Multnomah County Circuit Court for her relatives' arraignment this week. Portland Officer Deanna Wesson, who investigates elder abuse, wheeled Roth up to the judge so she could explain what happened.
"They robbed me blind," Roth said. "Everything was for money, just to get money, money, money. That's not the way it should be."
Roth said she pursued criminal charges because she's lost her savings and all her possessions to relatives who betrayed her trust. "I think they need to be taught a lesson. ... I feel like I helped raise Virginia. That's why it hurts so bad."
Full Article and Source:
Dying Woman Recovers, Says Relatives “Robbed Me Blind”
Father of Terri Schiavo Dead at 71
Robert Schindler Sr., whose years-long fight to keep his daughter Terri Schiavo alive made worldwide headlines, died today.
He was 71.
In a statement, Schindler's family said the Philadelphia native died of heart failure at Northside Hospital in St. Petersburg.
"He'd been dealing with health problems since Terri's death," said Schindler's son, Bobby.
Terri Schiavo, then 26, suffered heart failure in 1990, causing the brain damage that left her in what doctors described as a persistent vegetative state.
Her husband, Michael, sought court permission to have her feeding tube removed. But the Schindlers fought to gain custody of their daughter.
In 2005, the fight reached the U.S. Congress and then-President George W. Bush, who signed a law aimed at keeping Schiavo alive.
Schiavo died March 31, 2005, two weeks after her feeding tube was removed. She was cremated and buried in Pennsylvania in accordance with her husband's wishes.
Her parents and their two surviving children founded the Terri Schindler Schiavo Foundation to support families facing similar fights regarding the rights of disabled people.
Funeral services will be held in Philadelphia, although details have not been announced.
Memorial donations may be made to the Terri Schindler Schiavo Foundation, 5562 Central Ave., Suite 2, St. Petersburg FL 33707.
Full Article and Source:
Father of Terri Schiavo Dead at 71
See also:
Family’s Statement on Passing of Father of Terri Schiavo, Robert Schindler Sr.
Saturday, August 29, 2009
Elderly Couple Forced Into State Custody
They’re not criminals. They’ve broken no laws. But they’re being held against their will by the State of Texas. Why? It’s a tragic story about what can happen when you are alone in the world and lose control of your rights, your money, and your ability to complain.
Jean and Michael Kidd never imagined their retirement would play out like this. “I feel like I am not in America,” said Michael Kidd. “I can’t believe I have been hi-jacked off the street, virtually from the hospital, and imprisoned,” Kidd told FOX 4.
Michael Kidd and his wife Jean have been living out of a tiny room for months. They have lost control of their money, their home, even their car. They say they’ve been robbed of their dignity and their voice. And who do they say is responsible? The State of Texas.
“It is a shock to our system,” says Kidd. “We are still kind of in a state of shock,” Kidd told Reporter Becky Oliver.
Michael Kidd worked as an engineer at KDFW for 23 years. He retired in 2001 with a pension, retirement account, and social security. Last month, he called the station for help. The Kidds have no children or relatives nearby. In November Michael fell and broke his hip. He was taken to a Plano hospital and into surgery. After a few days, the hospital called the state Adult Protective Services to report Jean had been in the waiting room for days and wasn’t eating. What happened next is a complicated, legal tale told in hundreds of pages of documents filed with the Collin County Probate Court.
Caseworkers paint a picture of two incompetent old people, age 67 and 70, suffering from dementia. Reports say the Kidds have mismanaged their finances and used poor judgment, that Michael is verbally abusive and even attempted to assault Jean. Michael says Jean has memory trouble but denies everything else. A judge determined the Kidds were incapacitated and unable to care for themselves. The state took over the Kidds lives, sent them to the Countryside Nursing Home in Pilot Point, and is now burning through their money to pay for their care.
“You have no idea how much money you have?” Oliver asked Michael Kidd. “None at all,” Kidd responded. “I know what my income was and I know it was more than enough to take care of my bills. Now, I am deteriorating instead of getting better,” Kidd continued.
The monthly tab for a couple at Countryside is about seven thousand dollars. Court records show, for five months’ care, the guardian paid eleven thousand dollars out of the Kidds’ accounts. The state’s Medicaid program kicks in the rest. “I could be at the Hilton for this kind of money,” Kidd told Oliver.
Full Article and Source:
Elderly Couple Forced Into State Custody
Friday, August 28, 2009
Referee: Woman Can Visit Mom in Hospice
Nursing home says daughter's visits are disruptive. But the daughter says she's "scared for my mother's life."
A probate court referee ordered a St. Paul nursing home to allow the daughter of an ailing woman to visit her mother in hospice care, despite the nursing home's claim that the daughter's conduct is "severely detrimental" to Edna Wigen's health and "disrupts the orderly and safe operation" of the facility.
Judy Luzaich, 66, of Stillwater, and two of her mother's longtime friends were barred from St. Mary's Home in St. Paul's Highland Park this year after complaining that the 91-year-old woman was receiving substandard care.
St. Paul police and officials from the state Department of Health are investigating allegations of suspicious injuries to Wigen's head, arms and legs that were photographed by her longtime friends Patty and Al Noren. Nursing home officials deny that Wigen was mistreated, saying everything done was necessary and appropriate.
Ramsey County District Court Referee Dean Maus said that Luzaich should be allowed to visit her mother three times in the next week but he didn't address future visits, leaving that to a state judge who is expected to conduct a hearing on the dispute sometime next month.
Full Article and Source:
Referee: Woman Can Visit Mom in Hospice
A probate court referee ordered a St. Paul nursing home to allow the daughter of an ailing woman to visit her mother in hospice care, despite the nursing home's claim that the daughter's conduct is "severely detrimental" to Edna Wigen's health and "disrupts the orderly and safe operation" of the facility.
Judy Luzaich, 66, of Stillwater, and two of her mother's longtime friends were barred from St. Mary's Home in St. Paul's Highland Park this year after complaining that the 91-year-old woman was receiving substandard care.
St. Paul police and officials from the state Department of Health are investigating allegations of suspicious injuries to Wigen's head, arms and legs that were photographed by her longtime friends Patty and Al Noren. Nursing home officials deny that Wigen was mistreated, saying everything done was necessary and appropriate.
Ramsey County District Court Referee Dean Maus said that Luzaich should be allowed to visit her mother three times in the next week but he didn't address future visits, leaving that to a state judge who is expected to conduct a hearing on the dispute sometime next month.
Full Article and Source:
Referee: Woman Can Visit Mom in Hospice
No Social Services Investigation for Nadya Suleman
A California appeals court has ruled that octuplets mom Nadya Suleman will not face an investigation by Child Protective Services.
Suleman's attorney Jeff Czech says the Fourth District Court of Appeal ruled Wednesday to halt the investigation that was ordered by an Orange County Superior Court probate judge. The appeals court also ruled earlier this month that Suleman would not have to have a court-appointed guardian to oversee her children's finances.
Paul Peterson, an advocate for the fair treatment of children in show business, had filed a petition requesting the appointment of an independent guardian. Suleman then filed a motion challenging his right to file the petition.
Czech says Suleman is relieved over the ruling.
Source:
No Social Services Investigation for Nadya Suleman
See also:
Suleman Loses Court Battle
Suleman's Hearing
A Day After Fox Show, Octuplet's Mom Nadya Suleman in Court Over Money
Suleman's attorney Jeff Czech says the Fourth District Court of Appeal ruled Wednesday to halt the investigation that was ordered by an Orange County Superior Court probate judge. The appeals court also ruled earlier this month that Suleman would not have to have a court-appointed guardian to oversee her children's finances.
Paul Peterson, an advocate for the fair treatment of children in show business, had filed a petition requesting the appointment of an independent guardian. Suleman then filed a motion challenging his right to file the petition.
Czech says Suleman is relieved over the ruling.
Source:
No Social Services Investigation for Nadya Suleman
See also:
Suleman Loses Court Battle
Suleman's Hearing
A Day After Fox Show, Octuplet's Mom Nadya Suleman in Court Over Money
Former Caretaker Sentenced for Thefts
A Grand Rapids woman authorities say stole thousands of dollars from at-risk adults and used it to gamble will spend a year in jail -- twice the prosecutor's recommended sentence.
Myrna M. Trickey, 70, was sentenced Tuesday to 12 months in jail with work release and five years probation and ordered to pay $47,741.36 in restitution plus other costs and supervision fees for three counts of felony theft.
Clark County Circuit Court Judge Jon Counsell, acting as a substitute judge in the Wood County case, also ordered Trickey to write apologies to her victims, undergo counseling and prepare a detailed financial disclosure statement for the past 42 months.
A joint recommendation from Trickey's attorney, Amy Boettcher, and the Wood County district attorney's office suggested a sentence of six months in jail in addition to the probation.
"It's only by the skin of your teeth that you're not ending up in prison today," Counsell told Trickey during the sentencing. "If you don't follow through and do what you're supposed to do, I fully expect your probation to be revoked, and I will send you to prison for a long time."
According to Wood County Circuit Court documents:
Trickey, who operated a business called Protective Care in Grand Rapids, was the court-appointed guardian for adults described as at-risk -- defined by state law as having a condition that substantially impairs them. Her responsibilities included managing their money and handling their financial affairs.
During a period of more than four years, she wrote 126 checks on the accounts of three adults in her care, totaling $22,500 and used the money for herself. The checks exceeded the amount Trickey was allowed to take from the accounts for guardian fees.
On June 26, the court ruled against Trickey in a civil case, granting a judgment of $14,752 plus other costs, to one of her victims. A $536.70 judgment was issued July 6 for those costs. She pleaded guilty to all three criminal counts June 27, and 17 uncharged misdemeanor counts of theft were read into the record.
Full Article and Source:
Former Caretaker Sentenced for Thefts
See also:
Protective Care
Myrna M. Trickey, 70, was sentenced Tuesday to 12 months in jail with work release and five years probation and ordered to pay $47,741.36 in restitution plus other costs and supervision fees for three counts of felony theft.
Clark County Circuit Court Judge Jon Counsell, acting as a substitute judge in the Wood County case, also ordered Trickey to write apologies to her victims, undergo counseling and prepare a detailed financial disclosure statement for the past 42 months.
A joint recommendation from Trickey's attorney, Amy Boettcher, and the Wood County district attorney's office suggested a sentence of six months in jail in addition to the probation.
"It's only by the skin of your teeth that you're not ending up in prison today," Counsell told Trickey during the sentencing. "If you don't follow through and do what you're supposed to do, I fully expect your probation to be revoked, and I will send you to prison for a long time."
According to Wood County Circuit Court documents:
Trickey, who operated a business called Protective Care in Grand Rapids, was the court-appointed guardian for adults described as at-risk -- defined by state law as having a condition that substantially impairs them. Her responsibilities included managing their money and handling their financial affairs.
During a period of more than four years, she wrote 126 checks on the accounts of three adults in her care, totaling $22,500 and used the money for herself. The checks exceeded the amount Trickey was allowed to take from the accounts for guardian fees.
On June 26, the court ruled against Trickey in a civil case, granting a judgment of $14,752 plus other costs, to one of her victims. A $536.70 judgment was issued July 6 for those costs. She pleaded guilty to all three criminal counts June 27, and 17 uncharged misdemeanor counts of theft were read into the record.
Full Article and Source:
Former Caretaker Sentenced for Thefts
See also:
Protective Care
Thursday, August 27, 2009
"I feel like I'm in jail"
A court is keeping Isabelle Jessich in a nursing home even though a doctor says she's sane, sober and fit to leave. Is this how guardianship laws should work?
Last summer, incapacitated by malnutrition and a prolonged bout of heavy drinking, Isabelle Jessich was removed from the filthy bed in her Edina home and taken to a nearby hospital. A month later, with no improvement in her mental condition, the state courts took over Jessich's life, making all decisions on where she would live and how she would get better.
These days, Jessich bears little resemblance to the disheveled woman who refused to leave her bed. She lives in a nursing home, where she is able to eat, dress herself and use the bathroom without assistance. Though she still uses a wheelchair because of persistent dizziness, she exercises each day on a recumbent stepper machine. She has been sober and well fed for a year. In May, her neurologist pronounced her healthy enough to move back home.
Yet three months later, Jessich remains at the Robbinsdale nursing home, her future in the hands of a court-appointed professional guardian. Jessich, 56, has discovered a painful fact about the Minnesota guardianship system: It's set up for permanent oversight of people no longer able to make decisions for themselves. In fact, the more Jessich tries to take control of her life, the harder the system has fought to keep her a ward of the state.
"I'm not saying I didn't make mistakes," Jessich says. "Is that a crime? What the heck am I doing here?"
Jessich's deepest concern is not for herself, but for her teenage daughter, Allison. Since Jessich went into institutional care last year, her 16-year-old daughter has mostly fended for herself, depending on friends, relatives and neighbors for a place to sleep and something to eat. Her mother has come so far since last year, Allison says, that she is ready to be a parent again.
"Just let my mom come home," Allison says. "If she could prove to them there's a reason she has to be locked up like she is, then let her prove it."
Full Article and Source:
I feel like I'm in jail
Last summer, incapacitated by malnutrition and a prolonged bout of heavy drinking, Isabelle Jessich was removed from the filthy bed in her Edina home and taken to a nearby hospital. A month later, with no improvement in her mental condition, the state courts took over Jessich's life, making all decisions on where she would live and how she would get better.
These days, Jessich bears little resemblance to the disheveled woman who refused to leave her bed. She lives in a nursing home, where she is able to eat, dress herself and use the bathroom without assistance. Though she still uses a wheelchair because of persistent dizziness, she exercises each day on a recumbent stepper machine. She has been sober and well fed for a year. In May, her neurologist pronounced her healthy enough to move back home.
Yet three months later, Jessich remains at the Robbinsdale nursing home, her future in the hands of a court-appointed professional guardian. Jessich, 56, has discovered a painful fact about the Minnesota guardianship system: It's set up for permanent oversight of people no longer able to make decisions for themselves. In fact, the more Jessich tries to take control of her life, the harder the system has fought to keep her a ward of the state.
"I'm not saying I didn't make mistakes," Jessich says. "Is that a crime? What the heck am I doing here?"
Jessich's deepest concern is not for herself, but for her teenage daughter, Allison. Since Jessich went into institutional care last year, her 16-year-old daughter has mostly fended for herself, depending on friends, relatives and neighbors for a place to sleep and something to eat. Her mother has come so far since last year, Allison says, that she is ready to be a parent again.
"Just let my mom come home," Allison says. "If she could prove to them there's a reason she has to be locked up like she is, then let her prove it."
Full Article and Source:
I feel like I'm in jail
Monday, August 24, 2009
In Memoriam - Luke Forrest Humphrey
Luke Forrest Humphrey, 23, passed away Monday, August 17, 2009, in Glen Rose, Texas. He was a graduate of Pine Tree High School, attended U.T. Tyler and worked at Home Depot before a car accident in 2005, which resulted in a traumatic brain injury. Luke's graveside services and burial were Tuesday, August 18, 2009, in Squaw Creek Cemetery in Rainbow, Texas, prior to the family's knowledge.He is survived by his parents, Dr. William and Susan McLendon of Hallsville; sister, Kari Schneck and husband, Thomas, of Longview; brother, John Gasper; stepbrother, Will and Amber McLendon of Albuquerque, New Mexico; stepsister, Charisse and Rob Tolleson of Pasadena, California; grandmother, June Slaughter of Tucson, Arizona; father, Landy, and his family; aunts, JoAnn Bowshot and Rose Pondoff of Youngstown, Ohio; aunt, Patricia Pondoff of White Oak; cousins, Kathy, J.T. and Hailey Murphy, Nikki and Bobbie Bowshot, Scott and Shawna Bowshot, Bryan Pondoff and Tony Smith; nephew, Harrison Taylor; and best friend, Grant Thomas, who survived the accident; and his Home Depot family who loved him.
To view Luke's story go to http://salon.glenrose.net/default.asp?view=plink&id=11141&=cm1
In lieu of flowers, the family requests all donations be sent to the National Association to Stop Guardian Abuse at http://www.nasga-stopguardianabuse.blogspot.com/2009/07/guardian-troubles.html or P.O. Box 886, Mount Prospect, IL 60056.
It is the four years of mourning, the voicemail I received of my brother's death the day before my birthday and the conversation that the funeral had already taken place for me to realize what it is I am feeling.... I am thankful.
I am thankful to have had Luke in my life. Luke was a wonderful brother. He was funny, confident and full of life. Luke was a hard worker. He took pride in his appearance, his possessions and made lasting friendships. Luke had a great life, a promising future and parents who loved him.
I am thankful that I will be able to celebrate my birthday every year with him. But most of all, I am thankful for my mom and Luke's dad for making me Luke's sister because without them, I would never have known Luke Forrest Humphrey.
Fly with the angels, Luke. I love you! Your sister, Kari.
To my beloved son,
As the family knelt by your grave, we read the Bible verse that I read to you everyday in the hospital, Psalm 91.
Everyone shared a funny story about Luke. He loved to pull pranks and never forgot April Fools Day. He made funny faces in every picture he took. Luke loved life; he loved everyone. There was such a purity about him and a genuine smile for everyone. He was free spirit like his mom; he took life right in stride. He was a great sport, a team player and an athlete.
I knew as I knelt by your grave that you were in my heart. The memories of 20 years of packing lunches, going to games, the family vacation every year, going skiing-we had such happy times and no one can take away all our precious memories. Luke was there with us that day. I could feel your smiling, glowing face; I could feel the warmth of your character, and I know you are happy and free. I promised you, I will never give up the fight to have your perpetrators brought to justice.
I can feel your smiling face with me, and I feel your comfort. I know you are here with me and Bill, Kari and Johnny.
Luke, we love you, and you will always be in our hearts and minds!
Obituary of Luke Forrest Humphrey
Luke Forrest Humphrey
Guardian Troubles
Sunday, August 23, 2009
Lokuta Files Petition
Former Luzerne County judge Ann Lokuta has asked the state Supreme Court to take jurisdiction of her case from the Court of Judicial Discipline, alleging the disciplinary court has shown a bias toward her in its rulings.
The petition alleges the disciplinary court has failed to follow the Supreme Court’s directive regarding the standard of review it should apply in reexamining Lokuta’s misconduct case.
It also again challenges the refusal of attorney Richard Sprague, who headed the panel, to recuse himself given his representation of Robert Powell, one of the key figures in the judicial corruption probe.
Lokuta also asks the court to reinstate her salary and benefits pending resolution of the case, arguing the Administrative Office of Pennsylvania Courts has wrongly denied her the compensation.
Full Article and Source:
Lokuta asks high court to take over case
See also:
Lokuta Not Entitled to New Trial
The petition alleges the disciplinary court has failed to follow the Supreme Court’s directive regarding the standard of review it should apply in reexamining Lokuta’s misconduct case.
It also again challenges the refusal of attorney Richard Sprague, who headed the panel, to recuse himself given his representation of Robert Powell, one of the key figures in the judicial corruption probe.
Lokuta also asks the court to reinstate her salary and benefits pending resolution of the case, arguing the Administrative Office of Pennsylvania Courts has wrongly denied her the compensation.
Full Article and Source:
Lokuta asks high court to take over case
See also:
Lokuta Not Entitled to New Trial
Complete Lives System
Troubling Questions Remain About Obama's Health Care Plan
by Sarah Palin
Excerpt:
I join millions of Americans in expressing appreciation for the Senate Finance Committee's decision to remove the provision in the pending health care bill that authorizes end-of-life consultations (Section 1233 of HR 3200). It's gratifying that the voice of the people is getting through to Congress; however, that provision was not the only disturbing detail in this legislation; it was just one of the more obvious ones.
As I noted in my statement last week, nationalized health care inevitably leads to rationing. There is simply no way to cover everyone and hold down the costs at the same time. The rationing system proposed by one of President Obama's key health care advisors is particularly disturbing. I'm speaking of the "Complete Lives System" advocated by Dr. Ezekiel Emanuel, the brother of the president's chief of staff. President Obama has not yet stated any opposition to the "Complete Lives System," a system which, if enacted, would refuse to allocate medical resources to the elderly, the infirm, and the disabled who have less economic potential. [1] Why the silence from the president on this aspect of his nationalization of health care? Does he agree with the "Complete Lives System"? If not, then why is Dr. Emanuel his policy advisor? What is he advising the president on?
Full Article and Source:
Sarah Palin - Facebook
by Sarah Palin
Excerpt:
I join millions of Americans in expressing appreciation for the Senate Finance Committee's decision to remove the provision in the pending health care bill that authorizes end-of-life consultations (Section 1233 of HR 3200). It's gratifying that the voice of the people is getting through to Congress; however, that provision was not the only disturbing detail in this legislation; it was just one of the more obvious ones.
As I noted in my statement last week, nationalized health care inevitably leads to rationing. There is simply no way to cover everyone and hold down the costs at the same time. The rationing system proposed by one of President Obama's key health care advisors is particularly disturbing. I'm speaking of the "Complete Lives System" advocated by Dr. Ezekiel Emanuel, the brother of the president's chief of staff. President Obama has not yet stated any opposition to the "Complete Lives System," a system which, if enacted, would refuse to allocate medical resources to the elderly, the infirm, and the disabled who have less economic potential. [1] Why the silence from the president on this aspect of his nationalization of health care? Does he agree with the "Complete Lives System"? If not, then why is Dr. Emanuel his policy advisor? What is he advising the president on?
Full Article and Source:
Sarah Palin - Facebook
Saturday, August 22, 2009
Belinky Plans To Cut Staff
Judge Mark Belinky says all that will be left to staff Mahoning County's Probate Court as of September 19th will be "myself, one magistrate and two clerks," when he says he'll be forced to lay-off most of his employees to get through the rest of the year.
Belinky says he sent a letter to County Commissioners notifying them of the layoffs -- at about the same time they and Administrator George Tablack were warning sales tax revenues were declining -- complaining other office holders weren't getting the message.
Belinky sued Commissioners earlier this year -- after the Board appropriated about $200,000 dollars less for Probate Court than the Judge had requested.
A hearing on Belinky's lawsuit is set for late next month in Canton. The Judge claims if he wins the case -- and Commissioners are ordered to fully fund his budget -- he will bring his laid-off workers back.
Full Article and Source:
Probate Judge Threatens To Cut Staff
See also:
Date Set in Mandamus Lawsuit Case
Judge Files Suit Over Budget
Belinky says he sent a letter to County Commissioners notifying them of the layoffs -- at about the same time they and Administrator George Tablack were warning sales tax revenues were declining -- complaining other office holders weren't getting the message.
Belinky sued Commissioners earlier this year -- after the Board appropriated about $200,000 dollars less for Probate Court than the Judge had requested.
A hearing on Belinky's lawsuit is set for late next month in Canton. The Judge claims if he wins the case -- and Commissioners are ordered to fully fund his budget -- he will bring his laid-off workers back.
Full Article and Source:
Probate Judge Threatens To Cut Staff
See also:
Date Set in Mandamus Lawsuit Case
Judge Files Suit Over Budget
Suleman Loses Court Battle
An Orange County judge ruled Friday that an advocacy group for child actors can move forward with its bid to get a guardian appointed to oversee the financial interests of Nadya Suleman's children.
Superior Court Judge Gerald Johnston denied Suleman's motion to dismiss the guardian petition submitted by former child actor Paul Petersen, president of A Minor Consideration.
Johnston did not comment on the merits of Petersen's petition, but wrote that California law does not require someone to be an "interested person" or "enjoy any type of relationship with the minor or minors named in the petition."
Johnston's ruling states: "As the paramount concern in guardianships is the best interests of children, the Legislature has not restricted the class of individuals who may petition seeking to protect those interests."
Full Article and Source:
Suleman Loses in Financial Guardian Ruling
More information:
Judge rules against "Octo-Mom" on child finances
See also:
Suleman's Hearing
Superior Court Judge Gerald Johnston denied Suleman's motion to dismiss the guardian petition submitted by former child actor Paul Petersen, president of A Minor Consideration.
Johnston did not comment on the merits of Petersen's petition, but wrote that California law does not require someone to be an "interested person" or "enjoy any type of relationship with the minor or minors named in the petition."
Johnston's ruling states: "As the paramount concern in guardianships is the best interests of children, the Legislature has not restricted the class of individuals who may petition seeking to protect those interests."
Full Article and Source:
Suleman Loses in Financial Guardian Ruling
More information:
Judge rules against "Octo-Mom" on child finances
See also:
Suleman's Hearing
Friday, August 21, 2009
Legal Guardian Denies Family Contact
Carol Kinnear, a retired Belleair Elementary teacher in the early stages of Alzheimer's disease, signed an update to her trust in June 2008.
Her wish was clear: For the rest of her life, regardless of her health, she wanted to stay home.
The trust provision, her daughters thought, would assure she could do that.
On Monday, Kinnear, 78, was taken from home and moved to an unnamed facility, the act of a court-appointed guardian. She would be treated there for "high anxiety and confusion," the guardian wrote in an e-mail. Her children, blocked from contact, were told it was in their mother's best interest.
Earlier this year, to safeguard their mother's estate after money had come up missing, they had filed for guardianship in a Pinellas court.
Now they find themselves the victims of unintended consequences, guarded against by the person they had sought for help.
Kinnear's first guardian, Sandra Scott, caused her to fall after giving too high a dose of medication, said Kellee Watt, 45, of Indian Rocks Beach.
Teri St. Hilaire, who replaced Scott on July 1, didn't return phone calls and e-mails from the daughters.
Full Article and Source:
Legal guardian denies Alzheimer's patient her home and family contact
Sandra Scott certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
Teri St. Hilaire is certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
Her wish was clear: For the rest of her life, regardless of her health, she wanted to stay home.
The trust provision, her daughters thought, would assure she could do that.
On Monday, Kinnear, 78, was taken from home and moved to an unnamed facility, the act of a court-appointed guardian. She would be treated there for "high anxiety and confusion," the guardian wrote in an e-mail. Her children, blocked from contact, were told it was in their mother's best interest.
Earlier this year, to safeguard their mother's estate after money had come up missing, they had filed for guardianship in a Pinellas court.
Now they find themselves the victims of unintended consequences, guarded against by the person they had sought for help.
Kinnear's first guardian, Sandra Scott, caused her to fall after giving too high a dose of medication, said Kellee Watt, 45, of Indian Rocks Beach.
Teri St. Hilaire, who replaced Scott on July 1, didn't return phone calls and e-mails from the daughters.
Full Article and Source:
Legal guardian denies Alzheimer's patient her home and family contact
Sandra Scott certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
Teri St. Hilaire is certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
Officials Upset About Probate Plan
Officials from small towns across the Connecticut say a draft proposal to consolidate local probate courts creates sprawling districts that would be inconvenient for families.
Members of the Probate Redistricting Commission heard testimony on Thursday about a proposal from the Connecticut Probate Assembly, made up of probate judges, that reduces the 117 court districts to 50.
The commission is now charged with reviewing that plan, taking into account the concerns raised at the hearing. It must come up with a final recommendation to the General Assembly by Sept. 15.
Full Article and Source:
Conn. towns upset with probate court plan
See also:
Governor Celebrates Reform
Rell Signs Legislation
Connecticut Probate Courts
Blindsided
Members of the Probate Redistricting Commission heard testimony on Thursday about a proposal from the Connecticut Probate Assembly, made up of probate judges, that reduces the 117 court districts to 50.
The commission is now charged with reviewing that plan, taking into account the concerns raised at the hearing. It must come up with a final recommendation to the General Assembly by Sept. 15.
Full Article and Source:
Conn. towns upset with probate court plan
See also:
Governor Celebrates Reform
Rell Signs Legislation
Connecticut Probate Courts
Blindsided
Suleman's Hearing
Octomom Nadya Suleman will try to convince a judge that a guardian isn't needed to oversee the financial interests of her children.
Suleman filed a motion to dismiss an effort to appoint a guardian to oversee her children's financial interests.
Orange County Superior Court Judge Gerald Johnston appointed lawyer Norbert Bunt to serve as guardian over the octuplets' financial affairs. A state appellate court later stayed that decision, pending Thursday's hearing.
Paul Petersen and Gloria Allred say Suleman has exploited her octuplets for financial gain. She has countered that the two are suing just to promote themselves.
Full Article and Source:
Octomom To Argue For Financial Oversight Of Kids
See also:
A day after Fox show, octuplets' mom Nadya Suleman in court over money
Suleman filed a motion to dismiss an effort to appoint a guardian to oversee her children's financial interests.
Orange County Superior Court Judge Gerald Johnston appointed lawyer Norbert Bunt to serve as guardian over the octuplets' financial affairs. A state appellate court later stayed that decision, pending Thursday's hearing.
Paul Petersen and Gloria Allred say Suleman has exploited her octuplets for financial gain. She has countered that the two are suing just to promote themselves.
Full Article and Source:
Octomom To Argue For Financial Oversight Of Kids
See also:
A day after Fox show, octuplets' mom Nadya Suleman in court over money
Thursday, August 20, 2009
Hostage To The System
A few years back a local man by the name of Tom Davis shattered his knee and was admitted into a nursing home.
Life had grown dark and depressing for Davis until he met a beautiful, inspiring fellow patient who had a brief stay at the home while recovering from a stroke.
The woman, who wishes to remain anonymous, developed a lasting friendship with Davis and enjoyed the company of an intelligent man with whom she could comfortably converse. Davis and his companion shared similar backgrounds, both having roots in rural surroundings. They became inseparable friends and soon fell in love.
On June 25, the couple married.
However, the honeymoon never truly began for the happy newlyweds because Davis' financial life is chained to the legal system.
The couple talked of traveling together and possibly relocating, but Davis was informed that he could not leave the state. In fact he could not drive, vote, or even open up a bank account.
said Davis, shaking his head in dismay: "I'm a hostage to the system. I even tried opening up my own bank account, but they shut it down," he said, referring to his legal guardian.
Davis became a ward of the Gila County Public Fiduciary Office.
Anyone who knows Davis can see that he is not incapacitated. State statute allows the ward or any person interested in his welfare to petition for a new court appointed attorney to reevaluate their situation.
Last August, Mrs. Davis did just that. Her petition was recognized and her husband did have his day in court, but to no avail. At the hearing his fiduciary spoke for him, but it was not the representation Davis was hoping for. He was not allowed to speak for himself at the hearing and make his case to the judge that he was a capable man of sound mind.
Mrs. Davis stated that the judge rubber-stamped him as an "adult protected person" upon his fiduciary's recommendation, and he was denied impartial representation by a court appointed attorney.
Full Article and Source:
Nursing home romance stifled by system
Tiffany Poarch of Gila County Public Fiduciary is registered with the National Guardianship Association
Life had grown dark and depressing for Davis until he met a beautiful, inspiring fellow patient who had a brief stay at the home while recovering from a stroke.
The woman, who wishes to remain anonymous, developed a lasting friendship with Davis and enjoyed the company of an intelligent man with whom she could comfortably converse. Davis and his companion shared similar backgrounds, both having roots in rural surroundings. They became inseparable friends and soon fell in love.
On June 25, the couple married.
However, the honeymoon never truly began for the happy newlyweds because Davis' financial life is chained to the legal system.
The couple talked of traveling together and possibly relocating, but Davis was informed that he could not leave the state. In fact he could not drive, vote, or even open up a bank account.
said Davis, shaking his head in dismay: "I'm a hostage to the system. I even tried opening up my own bank account, but they shut it down," he said, referring to his legal guardian.
Davis became a ward of the Gila County Public Fiduciary Office.
Anyone who knows Davis can see that he is not incapacitated. State statute allows the ward or any person interested in his welfare to petition for a new court appointed attorney to reevaluate their situation.
Last August, Mrs. Davis did just that. Her petition was recognized and her husband did have his day in court, but to no avail. At the hearing his fiduciary spoke for him, but it was not the representation Davis was hoping for. He was not allowed to speak for himself at the hearing and make his case to the judge that he was a capable man of sound mind.
Mrs. Davis stated that the judge rubber-stamped him as an "adult protected person" upon his fiduciary's recommendation, and he was denied impartial representation by a court appointed attorney.
Full Article and Source:
Nursing home romance stifled by system
Tiffany Poarch of Gila County Public Fiduciary is registered with the National Guardianship Association
Death Panels
People are kidding themselves if they think there are no health care “death panels” in existence and just waiting to be expanded upon. Insurance companies, who deny rightful claims without reason or under the technicality umbrella, have death squads whether decisions are made by individuals or actual committees. There are hospitals and nursing homes that have decided to get on board with their so-called ethics committees that make life and death decisions even in spite of the “actual” wishes of the patient or the patient’s family. Shall we say, “Andrea Clark“?
Now we have Gary Harvey from New York, whose wife is fighting both for his life and the right to take him home.
“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.”
Thankfully the request has been dismissed for now.
Full Article and Source:
Obama Claims No Death Panels, Some Already Call the Shots
Now we have Gary Harvey from New York, whose wife is fighting both for his life and the right to take him home.
“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.”
Thankfully the request has been dismissed for now.
Full Article and Source:
Obama Claims No Death Panels, Some Already Call the Shots
Guardianship Webinar
The Florida Developmental Disabilities Council, Inc., and its partners, invite you to register for their four-hour webinar, "Lighting the Way to Guardianship and Other Decision Making Alternatives".
Friday, August 28, 2009
9:00 a.m. - 1:00 p.m. (EDT)
-or-
Saturday, August 29 , 2009
10:00 a.m. - 2:00 p.m (EDT)
This webinar, allowing participants to type in their questions for the presenters to answer, will be covering topics, in an abbreviated format, that include Fundamental Concepts, Options for Decision-Making Assistance, Guardianship and Guardian Advocacy, and Legal Resources. These topics were presented during the live full-day workshops held in Jacksonville, Palm Beach Gardens, and Sarasota earlier this summer.
Please note that space is limited, so please register as soon as possible.
Full Article and Source:
Invitation to participate in live guardianship webinar
Friday, August 28, 2009
9:00 a.m. - 1:00 p.m. (EDT)
-or-
Saturday, August 29 , 2009
10:00 a.m. - 2:00 p.m (EDT)
This webinar, allowing participants to type in their questions for the presenters to answer, will be covering topics, in an abbreviated format, that include Fundamental Concepts, Options for Decision-Making Assistance, Guardianship and Guardian Advocacy, and Legal Resources. These topics were presented during the live full-day workshops held in Jacksonville, Palm Beach Gardens, and Sarasota earlier this summer.
Please note that space is limited, so please register as soon as possible.
Full Article and Source:
Invitation to participate in live guardianship webinar
Wednesday, August 19, 2009
Luke Forrest Humphrey
I'm sad to report that Luke passed away Monday morning. Here is the letter that I wrote and drove to Tyler to deliver to Judge Rogers and hour and a half after we were notified of Lukes' death.
Patricia Pondoff
P.O.Box 236
White Oak, Texas 75693
(903)-399-4061
August 18 2009
Judge Randall Rogers,
It’s sad to report to you the death of Luke Forrest Humphrey. He passed away sometime Monday morning August 17, 2009.
What’s even sadder is that no-one notified the Mother, Susan McLendon until Tuesday at noon to let her know the funeral was in one hour, knowing she was in Youngstown, Ohio.
Patricia Pondoff
P.O.Box 236
White Oak, Texas 75693
(903)-399-4061
August 18 2009
Judge Randall Rogers,
It’s sad to report to you the death of Luke Forrest Humphrey. He passed away sometime Monday morning August 17, 2009.
What’s even sadder is that no-one notified the Mother, Susan McLendon until Tuesday at noon to let her know the funeral was in one hour, knowing she was in Youngstown, Ohio.
This was in direct disobedience of YOUR Court Order.
The Mother was to be notified of any illness that was severe.
Luke went into respiratory failure and no one assisted him because YOU failed to rule on the DO NOT RESUSCITATE that we filed in December of 2008.
I asked you not to transfer this case to Somervell County but you did it anyway.
How appropriate that Luke passed away when the guardianship was in limbo between two counties..
I thank God that Luke will no longer suffer at the hands of his abusers.
Everyone is accountable for what we do here on earth either before man and most assuredly before God Almighty. You don’t owe us an explanation but you will owe God an answer.
McLendon had already buried one son, Mike, and was denied the opportunity to see Luke, hold him, or tell him how much she loved him, was denied to opportunity to attend her own sons’ funeral and was not notified of his death until 1 hour before the burial.
How sick and how sad this whole situation is and each and everyone of you are responsible for your part in it.
____________________ Patricia Pondoff
See also:
Guardian Troubles
The Mother was to be notified of any illness that was severe.
Luke went into respiratory failure and no one assisted him because YOU failed to rule on the DO NOT RESUSCITATE that we filed in December of 2008.
I asked you not to transfer this case to Somervell County but you did it anyway.
How appropriate that Luke passed away when the guardianship was in limbo between two counties..
I thank God that Luke will no longer suffer at the hands of his abusers.
Everyone is accountable for what we do here on earth either before man and most assuredly before God Almighty. You don’t owe us an explanation but you will owe God an answer.
McLendon had already buried one son, Mike, and was denied the opportunity to see Luke, hold him, or tell him how much she loved him, was denied to opportunity to attend her own sons’ funeral and was not notified of his death until 1 hour before the burial.
How sick and how sad this whole situation is and each and everyone of you are responsible for your part in it.
____________________ Patricia Pondoff
See also:
Guardian Troubles
Tuesday, August 18, 2009
Nurse Aide Charged With Assault
A nurse’s aide from Quincy has been arrested after police say she tormented and abused residents at a home for people with memory loss.
Kara A. Murphy, a nurse aide since 2004, manhandled at least four elderly residents at the Atrium at Faxon Woods during a shift, police said. They also said she boasted to another caregiver about force-feeding an 89-year-old woman her own feces.
The charges against Murphy are based entirely on the account of another employee who reported the incidents to her director.
None of the victims had any recollection of the incidents, police said.
Murphy pleaded innocent in Quincy District Court. She is charged with seven counts of assault and battery on disabled persons older than 60.
Judge Mark Coven ordered her to remain under house arrest until authorities can fit her with a GPS tracking device. Murphy is next due in court on Oct. 8.
Full Article and Source:
Elder abuse horror in Quincy
Kara A. Murphy, a nurse aide since 2004, manhandled at least four elderly residents at the Atrium at Faxon Woods during a shift, police said. They also said she boasted to another caregiver about force-feeding an 89-year-old woman her own feces.
The charges against Murphy are based entirely on the account of another employee who reported the incidents to her director.
None of the victims had any recollection of the incidents, police said.
Murphy pleaded innocent in Quincy District Court. She is charged with seven counts of assault and battery on disabled persons older than 60.
Judge Mark Coven ordered her to remain under house arrest until authorities can fit her with a GPS tracking device. Murphy is next due in court on Oct. 8.
Full Article and Source:
Elder abuse horror in Quincy
Sisters Raging Custody Battle
A child-custody battle is being fought - not by parents but by two sisters.On the one side is the twins' mom, Dr. Robin Recant, a physician with the city Health Department's sexually transmitted disease bureau. She's a single mom and former mental patient who claims that her unmarried, childless sister is trying to steal her kids.
The sister she's at war with is former Criminal Court Judge Donna Recant, who was censured by the state Commission on Judicial Conduct in 2001 for, among other things, chaining a defense lawyer to a bench for being "disrespectful" and handcuffing a defendant for blowing bubble gum.
Donna, who left the judgeship in disgrace in 2005, now has temporary custody of the twins, and she wants to keep them. She insists this is the only way to protect the children from the unstable, paranoid woman who gave them life.
But Robin Recant swears that her sister has wanted to take her kids away from the day they were born.
According to Robin -- her sister bullied and threatened her into signing over temporary guardianship of her children.
Full Article and Source:
TUG-OF-LOVE SIBS' RAGING CUSTODY WAR IS TOTAL INSANITY
Monday, August 17, 2009
Educational Discussion for Seniors
Infinity Home Health Services is teaming up with six other healthcare-related businesses to present Healthcare Alerts in the Changing Economy: An Educational Discussion for Seniors and their Children at 7 p.m. Sept. 10 at the Rocky River Memorial Hall, 21012 Hilliard Blvd.
The discussion will include seven panel members from various healthcare organizations.
A licensed social worker will speak about community-based resources and attorney Hugh Carlin will discuss guardianship and power of attorney. Realtor Tom Assad will also be present to provide his expertise on selling homes and reverse mortgages.
Each speaker will present information for approximately 10 minutes, followed by a question and answer session.
This event is free and open to the public with no reservations required.
Full Article and Source:
Inifnity Home Health Services to host senior healthcare discussion
The discussion will include seven panel members from various healthcare organizations.
A licensed social worker will speak about community-based resources and attorney Hugh Carlin will discuss guardianship and power of attorney. Realtor Tom Assad will also be present to provide his expertise on selling homes and reverse mortgages.
Each speaker will present information for approximately 10 minutes, followed by a question and answer session.
This event is free and open to the public with no reservations required.
Full Article and Source:
Inifnity Home Health Services to host senior healthcare discussion
AARP Corrects Obama
President Barack Obama said the AARP had endorsed his health care reform.
The exact quote from Obama at a town hall meeting in Portsmouth, N.H.:
We have the AARP on board because they know this is a good deal for our seniors. AARP would not be endorsing a bill if it was undermining Medicare.
This is what COO Tom Nelson says about Obama's claim:
AARP has been working with Democrats and Republicans to fix our broken health care system. While the president was correct that AARP will not endorse a health care reform bill that would reduce Medicare benefits, indications that we have endorsed any of the major health care reform bills currently under consideration in Congress are inaccurate.
Full Article and Source:
Obama lied about AARP endorsement
More information:
AARP Corrects False Obama Claim
AARP Reacts to President’s Health Care Townhall
The exact quote from Obama at a town hall meeting in Portsmouth, N.H.:
We have the AARP on board because they know this is a good deal for our seniors. AARP would not be endorsing a bill if it was undermining Medicare.
This is what COO Tom Nelson says about Obama's claim:
AARP has been working with Democrats and Republicans to fix our broken health care system. While the president was correct that AARP will not endorse a health care reform bill that would reduce Medicare benefits, indications that we have endorsed any of the major health care reform bills currently under consideration in Congress are inaccurate.
Full Article and Source:
Obama lied about AARP endorsement
More information:
AARP Corrects False Obama Claim
AARP Reacts to President’s Health Care Townhall
Twist in Speakes Battle
A Mississippi judge ruled that the Arlington condo owned by former White House press secretary Larry Speakes may be sold by his daughter, Sondra Speakes Huerta.
The ruling was the latest twist in the battle between Speakes's wife, Aleta, and two of his children from an earlier marriage over guardianship of Speakes (who suffers from Alzheimer's disease) and his estate. Without the knowledge of Speakes's wife, Huerta put the condo on the market, and a contract for $420,000 was signed in early July. But the sale stalled when it became public knowledge that legal control of the condo was among the issues being hashed out in court. Lawyers for Aleta Speakes asked the judge to prevent the sale, but lost this round.
Full Article and Source:
Update on Larry Speakes case
See also:
Speakes Family Conservatorship Battle
The ruling was the latest twist in the battle between Speakes's wife, Aleta, and two of his children from an earlier marriage over guardianship of Speakes (who suffers from Alzheimer's disease) and his estate. Without the knowledge of Speakes's wife, Huerta put the condo on the market, and a contract for $420,000 was signed in early July. But the sale stalled when it became public knowledge that legal control of the condo was among the issues being hashed out in court. Lawyers for Aleta Speakes asked the judge to prevent the sale, but lost this round.
Full Article and Source:
Update on Larry Speakes case
See also:
Speakes Family Conservatorship Battle
Sunday, August 16, 2009
Federal Probe of Rita Hunter Tenure
The files of county wards while Rita Hunter was public administrator will stay locked away for the time being.
Dean Dankelson, Jasper County prosecutor, said that access to the files is being limited at the request of federal authorities. Hunter told Probate Judge David Mouton there is no way she can answer questions before the court about former wards’ estates without file access.
Dankelson said he is keeping the materials locked away at the request of the U.S. attorney’s office.
Officials announced last month that federal authorities had taken over a probe into operations of the administrator’s office during Hunter’s tenure. Investigators with the Missouri State Highway Patrol started the probe in January after Hunter left office and took with her all the files of wards under the care of the public administrator’s office. She later returned about 30 boxes of files, and additional materials were recovered as a result of a search warrant.
Full Article and Source:
Feds want file access denied
See also:
Former Administrator Rita Hunter
Rita Hunter was registered with the National Guardianship Association (NGA) during her tenure. Angie Cassavecchia Ashens, Jasper County Public Administrator is now registered with the NGA.
Dean Dankelson, Jasper County prosecutor, said that access to the files is being limited at the request of federal authorities. Hunter told Probate Judge David Mouton there is no way she can answer questions before the court about former wards’ estates without file access.
Dankelson said he is keeping the materials locked away at the request of the U.S. attorney’s office.
Officials announced last month that federal authorities had taken over a probe into operations of the administrator’s office during Hunter’s tenure. Investigators with the Missouri State Highway Patrol started the probe in January after Hunter left office and took with her all the files of wards under the care of the public administrator’s office. She later returned about 30 boxes of files, and additional materials were recovered as a result of a search warrant.
Full Article and Source:
Feds want file access denied
See also:
Former Administrator Rita Hunter
Rita Hunter was registered with the National Guardianship Association (NGA) during her tenure. Angie Cassavecchia Ashens, Jasper County Public Administrator is now registered with the NGA.
Children Battle Over Estate of Wang
A New Jersey judge refused today to dismiss a lawsuit over who should administer the multibillion dollar estate of Formosa Plastics Group founder Wang Yung-ching.Wang was Taiwan’s second-richest man when he died at age 91 without a will in October in New Jersey. The eldest of his nine children, Winston Wong, sued on May 13 in state court in Newark, New Jersey, arguing the case should be heard there because of his father’s extensive business holdings in the state.
Four of Wang’s children, led by his daughter Susan, asked Superior Court Judge Walter Kaprowski Jr. to dismiss the case, claiming their father had no assets in New Jersey and the matter should be decided in Taiwan. Kaprowski denied that bid and also said the parties need to gather pretrial evidence to determine whether Wang owned assets and was a resident of New Jersey.
Kaprowski ruled at the hearing: “It’s an issue that requires some discovery so that I can make a jurisdictional ruling as to whether this matter can proceed.”
Full Article and Source:
N.J. Judge Retains Case Over Estate of Formosa’s Wang
More information:
Tycoon's children battle to control late father's cash
Estate Hearing
Saturday, August 15, 2009
County Cuts Ties With Public Guardian
The board of commissioners is looking to fill the recently-vacated Arenac County Public Guardian position after officially reporting it will not return Sherilyn Jones, the suspended public guardian, to the position.
Jones’ office is under investigation for criminal activity by the Michigan State Police and in the process of being audited by the Michigan Treasury Department. Board Chairman Raymond Daniels says neither the investigation nor audit is complete yet, but that the board felt compelled to act.
Daniels : “We found enough evidence that we feel comfortable saying at this time that she won’t be returning to work. The [Teamsters] union has been notified that we will not be bringing her back. ... We’re at the point of time that we have to move forward.”
Full Article and Source:
County cuts ties with Public Guardian, begins search for new one
More information:
Arenac County leaders replacing public guardian, probe continues
State performing audit on public guardian office
Sherilyn Jones is registered with Center for Guardianship Certification , an allied foundation of the National Guardianship Association (NGA)
Jones’ office is under investigation for criminal activity by the Michigan State Police and in the process of being audited by the Michigan Treasury Department. Board Chairman Raymond Daniels says neither the investigation nor audit is complete yet, but that the board felt compelled to act.
Daniels : “We found enough evidence that we feel comfortable saying at this time that she won’t be returning to work. The [Teamsters] union has been notified that we will not be bringing her back. ... We’re at the point of time that we have to move forward.”
Full Article and Source:
County cuts ties with Public Guardian, begins search for new one
More information:
Arenac County leaders replacing public guardian, probe continues
State performing audit on public guardian office
Sherilyn Jones is registered with Center for Guardianship Certification , an allied foundation of the National Guardianship Association (NGA)
Redlands Courthouse to Close
The Redlands courthouse could soon be as empty.
A news release by Superior Court officials says the courthouse will be closed as of Oct. 12.
The courthouse has been handling the county's probate cases - cases dealing with the estates and conservatorships of people who have died.
A news release by Superior Court officials says the courthouse will be closed as of Oct. 12.
The courthouse has been handling the county's probate cases - cases dealing with the estates and conservatorships of people who have died.
Judge Larry Allen said San Bernardino Superior Court chose to close the courthouse because of a budget crunch.
Filings for probate cases will move to the Probate Division of the Clerk's office at 303 W. Third St., San Bernardino. All filings for traffic matters will move to the San Bernardino Central Courthouse, 351 N. Arrowhead Ave., San Bernardino.
Full Article and Source:
Redlands courthouse to close, future of facility to remain with court
Attorney Faces Charges
Formal charges were brought against Peter Thew June 5 in the Nebraska Supreme Court.
The charges, filed by the Council for Discipline of the Nebraska Supreme Court, include five counts of misconduct in five separate cases.
The second count alleges that Thew failed to file proper documents and pay bills in 2007 on behalf of Luana Grey. Thew had been named guardian and conservator of Grey, who was awarded a settlement in excess of $414,000 in a tort against the makers of the diet drug Fen Phen. Thew reportedly failed to pay more than $130,000 from Grey’s account to Medicare, who had a subrogation claim against the settlement. Thew also failed to pay lesser bills, according to the charges. He was removed as guardian and conservator of Grey in April 2008 after he twice failed to appear at hearings or respond with court filings as to why he should not be removed.
Even after his removal, Thew failed to file an accounting of Grey’s funds with the court.
Count three alleged that Thew mishandled the affairs of Marilyn Hawley, of whom he was also named guardian and conservator. From 2006 until 2007 the charge claimed that Thew failed to pay bills or deposit checks on behalf of his client. He reportedly also failed to pay funeral costs after Hawley passed away February 1, 2007.Thew told the court that he could not locate Hawley’s heirs. However, the charges maintained that Thew in fact had the addresses of all four of Hawley’s living children. Thew did not notify Hawley’s heirs of his motion to pay her funds into the court.
Full Article and Source:
Doyle attorney Thew faces charges
The charges, filed by the Council for Discipline of the Nebraska Supreme Court, include five counts of misconduct in five separate cases.
The second count alleges that Thew failed to file proper documents and pay bills in 2007 on behalf of Luana Grey. Thew had been named guardian and conservator of Grey, who was awarded a settlement in excess of $414,000 in a tort against the makers of the diet drug Fen Phen. Thew reportedly failed to pay more than $130,000 from Grey’s account to Medicare, who had a subrogation claim against the settlement. Thew also failed to pay lesser bills, according to the charges. He was removed as guardian and conservator of Grey in April 2008 after he twice failed to appear at hearings or respond with court filings as to why he should not be removed.
Even after his removal, Thew failed to file an accounting of Grey’s funds with the court.
Count three alleged that Thew mishandled the affairs of Marilyn Hawley, of whom he was also named guardian and conservator. From 2006 until 2007 the charge claimed that Thew failed to pay bills or deposit checks on behalf of his client. He reportedly also failed to pay funeral costs after Hawley passed away February 1, 2007.Thew told the court that he could not locate Hawley’s heirs. However, the charges maintained that Thew in fact had the addresses of all four of Hawley’s living children. Thew did not notify Hawley’s heirs of his motion to pay her funds into the court.
Full Article and Source:
Doyle attorney Thew faces charges
Friday, August 14, 2009
Guardian Pleads Guilty
A Twin Falls woman, who was charged with abuse and neglect of a vulnerable adult, entered a guilty plea in district court. Cindy Laws was a member of Twin Falls County 'Board Of Community Guardians' and was a court appointed guardian.
A plea agreement was reached that says Laws could get two to five years with retained jurisdiction. Plus, the state seeks restitution for five individuals including one woman, whom Laws allegedly took more than $6,000 from while being her guardian.
Laws could face a maximum of 10 years in prison and a $25,000 fine. Her restitution hearing is set for September 11th and sentencing will be on September 28th at 3:30 pm.
Full Article and Source:
Laws takes plea deal for charges related to abuse/neglect of vulnerable adults
More information:
Court-appointed caretaker accused of more crimes
See also:
Guardian Accused of Exploitation
A plea agreement was reached that says Laws could get two to five years with retained jurisdiction. Plus, the state seeks restitution for five individuals including one woman, whom Laws allegedly took more than $6,000 from while being her guardian.
Laws could face a maximum of 10 years in prison and a $25,000 fine. Her restitution hearing is set for September 11th and sentencing will be on September 28th at 3:30 pm.
Full Article and Source:
Laws takes plea deal for charges related to abuse/neglect of vulnerable adults
More information:
Court-appointed caretaker accused of more crimes
See also:
Guardian Accused of Exploitation
Man Squandered Nearly $1M
Canada - A "calculating and callous" Ottawa man found guilty of putting the life of an elderly man at risk by allowing him to live in squalor received a precedent-setting jail sentence Tuesday.
Calling Daniel Jacques Chartrand's conduct a "clear case of serious elder abuse," Ontario Superior Court Justice Denis Power sentenced the 39-year-old to 12 months behind bars, believed to be the stiffest penalty handed down to someone convicted of failing to provide the necessities of life to an elderly person.
However, after receiving credit for time already served in custody, Chartrand will only have 87 days of the sentence left to serve.
Chartrand was found guilty in April following a 12-day trial that heard evidence of how he left 76-year-old retired federal public servant Harry Matthews to wallow in his own feces while squandering nearly $1 million of the man's assets on luxury cars and travel abroad.
In his decision, Power said he was "restrained" from giving Chartrand more time for the crime because of legal precedent set out in similar cases and sentencing principles laid out in law.
Full Article and Source:
Elder abuse: Ottawa caregiver leaves retiree in squalor, squanders $1M and nets 12 months in jail
Calling Daniel Jacques Chartrand's conduct a "clear case of serious elder abuse," Ontario Superior Court Justice Denis Power sentenced the 39-year-old to 12 months behind bars, believed to be the stiffest penalty handed down to someone convicted of failing to provide the necessities of life to an elderly person.
However, after receiving credit for time already served in custody, Chartrand will only have 87 days of the sentence left to serve.
Chartrand was found guilty in April following a 12-day trial that heard evidence of how he left 76-year-old retired federal public servant Harry Matthews to wallow in his own feces while squandering nearly $1 million of the man's assets on luxury cars and travel abroad.
In his decision, Power said he was "restrained" from giving Chartrand more time for the crime because of legal precedent set out in similar cases and sentencing principles laid out in law.
Full Article and Source:
Elder abuse: Ottawa caregiver leaves retiree in squalor, squanders $1M and nets 12 months in jail
Thursday, August 13, 2009
Man Sues Judge in Guardianship Case
A Columbus man has filed suit asking the Muscogee County Superior Court to force Probate Judge Julia Lumpkin and her chief clerk to carry out their assigned duties.
The petition for writ of mandamus — a court order that requires another court, government official, public body, corporation or individual to perform a certain act — was filed on behalf of a man on July 10 after repeated attempts to get the probate judge’s office to deal with his request to have his guardianship changed, according to the suit.
According to the suit:
More than 20 years ago, the man’s mother was appointed her son’s guardian by Probate Judge Rudy Jones.
Last November, the mother filed a petition with the Probate Court to resign as guardian and have another guardian appointed.
Lumpkin, because of a relationship with the family, recused herself and appointed Probate Court Chief Clerk Marc D’Antonio as the hearing officer.
According to the suit, the Probate Court has not done the following:
• Lumpkin has not entered a written order documenting her decision to recuse herself.
• Lumpkin has not entered a written order appointing a hearing officer.
• Lumpkin has failed to appoint a county administrator as required by state law. The county administrator would act as guardian if another guardian could not be found.
Full Article and Source:
Columbus man sues Judge Lumpkin, chief clerk
The petition for writ of mandamus — a court order that requires another court, government official, public body, corporation or individual to perform a certain act — was filed on behalf of a man on July 10 after repeated attempts to get the probate judge’s office to deal with his request to have his guardianship changed, according to the suit.
According to the suit:
More than 20 years ago, the man’s mother was appointed her son’s guardian by Probate Judge Rudy Jones.
Last November, the mother filed a petition with the Probate Court to resign as guardian and have another guardian appointed.
Lumpkin, because of a relationship with the family, recused herself and appointed Probate Court Chief Clerk Marc D’Antonio as the hearing officer.
According to the suit, the Probate Court has not done the following:
• Lumpkin has not entered a written order documenting her decision to recuse herself.
• Lumpkin has not entered a written order appointing a hearing officer.
• Lumpkin has failed to appoint a county administrator as required by state law. The county administrator would act as guardian if another guardian could not be found.
Full Article and Source:
Columbus man sues Judge Lumpkin, chief clerk
Constitution Applies to Famous People Too
Last week it was reported by the AP that Petersen/Allred's case which was successful in the OC county superior court appointing a guardian ad litem had been overturned. Reuters and others jumped on the bandwagon to say it was only a temporary stay because her case to be heard on the 20th to dismiss the case altogether had not occurred yet.Well, turns out neither got it totally right.
The appeals court ruled that Suleman's Constitutional rights had been violated. AND, here's the most interesting part: On the 27th Petersen admitted he didn't have the evidence needed to have the court appoint a fiduciary guardian at the time, which is the reason why they changed their request to have a GAL appointed to do the work they THOUGHT needed to be done.
What were their thoughts based on? INTERNET ARTICLES. Yes, you read correctly.
Paul Petersen with Gloria Allred in tow filed a petition to have a guardian appointed over the octuplets solely due to the "evidence" they had garnered off the Internet. They didn't even take the time to obtain the authenticated contracts or "evidence". Apparently they went in there (as the appeals judge wrote) thinking they needed to be listened to because they had "evidence" and the court just better listen to them.
Here is an article in layman's terms:
http://www.metnews.com/articles/2009/8mom081209.htm
Here is the actual appeals court ruling:
http://www.courtinfo.ca.gov/opinions/nonpub/G042399.PDF
Hows that for an appeals court ruling concerning a prominent case being handled by "the most famous female attorney in the country"? (per her own bio on her own website)
Yes folks, our Constitution applies even to those who the gossip outlets, the Internet, and even Gloria Allred and Paul Petersen have attempted to lynch.
Glory be to our Constitution.
From a NASGA reader
Is Hammond or Isn't He?
The appeals court ruled that Suleman's Constitutional rights had been violated. AND, here's the most interesting part: On the 27th Petersen admitted he didn't have the evidence needed to have the court appoint a fiduciary guardian at the time, which is the reason why they changed their request to have a GAL appointed to do the work they THOUGHT needed to be done.
What were their thoughts based on? INTERNET ARTICLES. Yes, you read correctly.
Paul Petersen with Gloria Allred in tow filed a petition to have a guardian appointed over the octuplets solely due to the "evidence" they had garnered off the Internet. They didn't even take the time to obtain the authenticated contracts or "evidence". Apparently they went in there (as the appeals judge wrote) thinking they needed to be listened to because they had "evidence" and the court just better listen to them.
Here is an article in layman's terms:
http://www.metnews.com/articles/2009/8mom081209.htm
Here is the actual appeals court ruling:
http://www.courtinfo.ca.gov/opinions/nonpub/G042399.PDF
Hows that for an appeals court ruling concerning a prominent case being handled by "the most famous female attorney in the country"? (per her own bio on her own website)
Yes folks, our Constitution applies even to those who the gossip outlets, the Internet, and even Gloria Allred and Paul Petersen have attempted to lynch.
Glory be to our Constitution.
From a NASGA reader
Is Hammond or Isn't He?
Wednesday, August 12, 2009
Appeal to Reinstate Lawsuit
Rhode Island’s child advocate asked a federal appeals court to reinstate a lawsuit that seeks an overhaul of the state’s foster-care system.
A federal judge earlier this year had dismissed the complaint, which alleged systemic abuse and neglect of some of the roughly 3,000 children in state custody.
The lawsuit, which sought class-action status, named 10 children as plaintiffs. Because minors cannot bring federal lawsuits on their own, Rhode Island Child Advocate Jametta Alston and Children’s Rights, a national advocacy group, appointed a group of adults to represent the children’s interests in court.
But US District Judge Ronald Lagueux dismissed the suit in April, saying the adults did not have close enough relationships with the children to act on their behalf.
Alston and Children’s Rights appealed to the US Court of Appeals for the First Circuit, in Boston.
Full Article and Source:
Advocate seeks to revive R.I. foster-care lawsuit
See also:
Judge Dismissed Suit
A federal judge earlier this year had dismissed the complaint, which alleged systemic abuse and neglect of some of the roughly 3,000 children in state custody.
The lawsuit, which sought class-action status, named 10 children as plaintiffs. Because minors cannot bring federal lawsuits on their own, Rhode Island Child Advocate Jametta Alston and Children’s Rights, a national advocacy group, appointed a group of adults to represent the children’s interests in court.
But US District Judge Ronald Lagueux dismissed the suit in April, saying the adults did not have close enough relationships with the children to act on their behalf.
Alston and Children’s Rights appealed to the US Court of Appeals for the First Circuit, in Boston.
Full Article and Source:
Advocate seeks to revive R.I. foster-care lawsuit
See also:
Judge Dismissed Suit
Date Set in Mandamus Lawsuit Case
Oral arguments concerning the budget dispute between Probate Judge Mark Belinky and the Mahoning County commissioners will be at 9 a.m. Sept. 25 at the 5th District Court of Appeals, 110 Central Plaza, Canton.
Judge Belinky filed a mandamus lawsuit in the 7th District Court of Appeals in support of his demand for a $915,715 operating budget for this year from the county’s general fund.
The probate judge filed the lawsuit after the commissioners allocated only $694,833 from that fund to his court for this year — an amount Judge Belinky said was insufficient for proper court operations.
Speaking only for himself, Judge Joseph J. Vukovich, presiding judge of the 7th District Court of Appeals, said he would be fair and impartial.
However, he noted that Mahoning County supplies most of his court’s budget and said he removed himself from this case to avoid any questions about political influence over the appellate court.
Full Article and Source:
Hearing date set in budget dispute
See also:
Officials Disturbed by Lawsuit
Judge Belinky filed a mandamus lawsuit in the 7th District Court of Appeals in support of his demand for a $915,715 operating budget for this year from the county’s general fund.
The probate judge filed the lawsuit after the commissioners allocated only $694,833 from that fund to his court for this year — an amount Judge Belinky said was insufficient for proper court operations.
Speaking only for himself, Judge Joseph J. Vukovich, presiding judge of the 7th District Court of Appeals, said he would be fair and impartial.
However, he noted that Mahoning County supplies most of his court’s budget and said he removed himself from this case to avoid any questions about political influence over the appellate court.
Full Article and Source:
Hearing date set in budget dispute
See also:
Officials Disturbed by Lawsuit
Governor Celebrates Reform
Governor M. Jodi Rell today celebrated legislation she spearheaded that makes historic and necessary reforms and modernizations to Connecticut’s 300-year-old probate court system, making the courts self-sustaining and more efficient through consolidation and centralized accounting while introducing new professional standards.
Effective January 5, 2011, the old revenue system – largely funded by fees and approximately $2.5 million in state aid each year – will be replaced with one based on population and workload in which a judge’s compensation will be paid directly from a Probation Court Administration Fund overseen by the state Treasurer.
The new law requires the Treasurer to give the Governor and the Legislature a financial accounting of the Probate Court Administration Fund by October 1 of each year.
Other provisions of the bill include:
* Consolidating courts from 117 to between 44 and 50 courts – Redistricting will be recommended by a bi-partisan commission if the current probate judges cannot agree on the final number of courts
* Centralizing accounting and payroll functions in the Office of the Probate Court Administrator
* Requiring courts to operate 40 hours a week
* All new judges will be attorneys, members in good standing with the Connecticut Bar for not less than 10 years and residents of their districts
* Judges would continue to be elected
Full Article and Source:
Governor Rell celebrates legislation reforming state’s 300-year-old probate court system
See also:
117 Probate Courts Reduced
Effective January 5, 2011, the old revenue system – largely funded by fees and approximately $2.5 million in state aid each year – will be replaced with one based on population and workload in which a judge’s compensation will be paid directly from a Probation Court Administration Fund overseen by the state Treasurer.
The new law requires the Treasurer to give the Governor and the Legislature a financial accounting of the Probate Court Administration Fund by October 1 of each year.
Other provisions of the bill include:
* Consolidating courts from 117 to between 44 and 50 courts – Redistricting will be recommended by a bi-partisan commission if the current probate judges cannot agree on the final number of courts
* Centralizing accounting and payroll functions in the Office of the Probate Court Administrator
* Requiring courts to operate 40 hours a week
* All new judges will be attorneys, members in good standing with the Connecticut Bar for not less than 10 years and residents of their districts
* Judges would continue to be elected
Full Article and Source:
Governor Rell celebrates legislation reforming state’s 300-year-old probate court system
See also:
117 Probate Courts Reduced
Tuesday, August 11, 2009
Another Custody Battle?
MICHAEL JACKSON's estate is facing another challenge for custody of the pop superstar's three children from a woman who alleges she was married to the singer and is the kids' biological mother. Claire Elisabeth Fields Cruise has filed three petitions for guardianship of Prince Michael, 12, Paris, 11, and seven-year-old Prince Michael II, aka Blanket.
According to TMZ.com, Cruise states in her legal papers, "I am the biological mother of Prince Michael Jackson II and all of his siblings."
Full Article and Source:
JACKSON FAMILY FACE ANOTHER BIZARRE CUSTODY CHALLENGE
More information:
Attorneys for Katherine Jackson and Michael Jackson’s estate were in court on Monday handling matters relating to the singer’s fortune and two women with various maternity claims also showed up creating a media circus. One, who calls herself Billie Jean Jackson, and the other, Claire Elisabeth Fields Cruise – who believes she’s the mother of Tom Cruise’s son – both showed up in the courtroom at the Los Angeles Superior Court. During the middle of the estate hearing, Billie Jean stood up and said, “I’m Blanket’s mother,” referring to Jackson’s youngest son, Prince Michael II.
Jackson Estate Hearing Turns Into 3-Ring Circus
A Los Angeles judge is considering whether there should be a special guardian appointed to represent Michael Jackson's three children in financial matters relating to the singer's estate, says a new report.
Latest: Judge Considers Special Guardianship for Jackson's Children
See also:
Michael Jackson - Guardianship
Daughters Sue For Guardianship
Istanbul - Seven daughters of financially troubled businessman Halis Toprak have filed a legal petition over their father's recent marriage to 17-year-old Nazlıcan Tağızade, who is even younger than some of his grandchildren, demanding that he be placed under legal guardianship.
Claiming that the marriage has turned into a media farce, daughters Aynur Toprak, Şükran Toprak, Ayfer Toprak, Mine Toprak, Ayla Zengin Toprak, Aysel Duruk and Sevgi Toprak explained in the petition:
“Toprak's debt repayment program with the Savings Deposit Insurance Fund [TMSF] could not be processed [due to the marriage]. Halis Toprak was described in the media as a powerless and miserable man and was likened to the famous movie character ‘Züğürt Ağa.' On the grounds that he will be unable to manage Toprak Holding and will be unable to fulfill his obligations to the TMSF, we felt the need to ask for his placement under guardianship in order for him not to fall into more difficult and dangerous situations and in order to protect him against imminent danger.”
While Toprak's daughters strongly oppose the marriage and are requesting that he be placed under legal guardianship, his sons Ahmet and Mehmet Toprak said in a written statement that their father is sane and capable of managing his business interests. Noting that they were surprised by their sisters' petition, they further stated that Toprak Holding is not indebted to the TMSF.
Full Article and Source:
Daughters of 'Züğürt Ağa' sue to place him under guardianship
Claiming that the marriage has turned into a media farce, daughters Aynur Toprak, Şükran Toprak, Ayfer Toprak, Mine Toprak, Ayla Zengin Toprak, Aysel Duruk and Sevgi Toprak explained in the petition:
“Toprak's debt repayment program with the Savings Deposit Insurance Fund [TMSF] could not be processed [due to the marriage]. Halis Toprak was described in the media as a powerless and miserable man and was likened to the famous movie character ‘Züğürt Ağa.' On the grounds that he will be unable to manage Toprak Holding and will be unable to fulfill his obligations to the TMSF, we felt the need to ask for his placement under guardianship in order for him not to fall into more difficult and dangerous situations and in order to protect him against imminent danger.”
While Toprak's daughters strongly oppose the marriage and are requesting that he be placed under legal guardianship, his sons Ahmet and Mehmet Toprak said in a written statement that their father is sane and capable of managing his business interests. Noting that they were surprised by their sisters' petition, they further stated that Toprak Holding is not indebted to the TMSF.
Full Article and Source:
Daughters of 'Züğürt Ağa' sue to place him under guardianship
Monday, August 10, 2009
Grandmother Gets Temporary Custody
Renee Pernice's mother has been granted temporary custody of the Pernice family's two children.
A judge granted the temporary custody to Renee's mother, Linda Lockwood. Pernice has been missing since January and is presumed to be dead.
All parties involved in the hearing agreed with the arrangement, including Renee's husband, Shon Pernice, who is in jail on a separate charge. Renee's parents filed a motion for emergency custody of the couple's two sons following Shon's arrest.
The judge has asked that a child advocate look into the situation.
Full Article and Source:
Grandmother Gets Temporary Custody Of Pernice Kids
More information:
Missing Northland Mother's Family Gets Custody of Grandchildren
Renee Pernice's Mom Gets Custody Of Kids
A judge granted the temporary custody to Renee's mother, Linda Lockwood. Pernice has been missing since January and is presumed to be dead.
All parties involved in the hearing agreed with the arrangement, including Renee's husband, Shon Pernice, who is in jail on a separate charge. Renee's parents filed a motion for emergency custody of the couple's two sons following Shon's arrest.
The judge has asked that a child advocate look into the situation.
Full Article and Source:
Grandmother Gets Temporary Custody Of Pernice Kids
More information:
Missing Northland Mother's Family Gets Custody of Grandchildren
Renee Pernice's Mom Gets Custody Of Kids
Seminar Series
CARES will kick off a series of five seminars on legal and financial planning on Tuesday, Aug. 11.
Experts advise people to prepare for the future today and communicate their wishes to loved ones, CARES spokeswoman Caryl Melancon explained in a press release. The seminars will help them navigate the legal process.
Each of the monthly sessions is scheduled for 10 a.m. until noon Tuesdays at the CARES Rao Musunuru, M.D., Enrichment Center, 12417 Clock Tower Parkway.
At the first seminar Aug. 11, attorney Gregory Gay will present an "Overview of Health Care Advanced Directives" while Trust Officer Theresa Brock will discuss "Trust Services During Incapacity."
The topics for other seminars will include:
• Sept. 8 - Durable power of attorney, planning for pets and avoiding guardianship with a trust.
• Oct. 13 - Mental health proceedings and guardianship and protecting seniors from elder abuse.
• Nov. 10 - Medicaid nursing home assistance and long term care alternatives.
• Dec. 8 - Florida wills and trusts, and avoiding probate with a trust.
Reservations are strongly urged for all seminars by calling CARES at 727-862-9291, ext. 224.
Full Article and Source:
CARES to launch seminar series
Experts advise people to prepare for the future today and communicate their wishes to loved ones, CARES spokeswoman Caryl Melancon explained in a press release. The seminars will help them navigate the legal process.
Each of the monthly sessions is scheduled for 10 a.m. until noon Tuesdays at the CARES Rao Musunuru, M.D., Enrichment Center, 12417 Clock Tower Parkway.
At the first seminar Aug. 11, attorney Gregory Gay will present an "Overview of Health Care Advanced Directives" while Trust Officer Theresa Brock will discuss "Trust Services During Incapacity."
The topics for other seminars will include:
• Sept. 8 - Durable power of attorney, planning for pets and avoiding guardianship with a trust.
• Oct. 13 - Mental health proceedings and guardianship and protecting seniors from elder abuse.
• Nov. 10 - Medicaid nursing home assistance and long term care alternatives.
• Dec. 8 - Florida wills and trusts, and avoiding probate with a trust.
Reservations are strongly urged for all seminars by calling CARES at 727-862-9291, ext. 224.
Full Article and Source:
CARES to launch seminar series
Inside The Courtroom
From tedium to trauma. From belligerent defiance to tearful acceptance. From victims of circumstance to chronic lawbreakers. From those down-on-their-luck to those lucky to be alive. From handcuffed felons to family members protecting loved ones.
Nothing is ever predictable in a court of law.
Ann Carrott, a district court judge for the Seventh Judicial District: “We deal with people who have a lot of issues. Their behavior can be bizarre.”
Judge David Battey : “You get so used to the abnormal that it’s not abnormal to you anymore.”
But there is one thing that the judges can always count on in the courtroom – there is no such thing as typical.
Full Article and Source:
A look inside the courtroom
Nothing is ever predictable in a court of law.
Ann Carrott, a district court judge for the Seventh Judicial District: “We deal with people who have a lot of issues. Their behavior can be bizarre.”
Judge David Battey : “You get so used to the abnormal that it’s not abnormal to you anymore.”
But there is one thing that the judges can always count on in the courtroom – there is no such thing as typical.
Full Article and Source:
A look inside the courtroom
Sunday, August 9, 2009
Cashing In On Kids
A Watchdog ReportBy Raquel Rutledge of the Journal Sentinel
The newspaper spent four months investigating the $340 million taxpayer-financed child-care system known as Wisconsin Shares and uncovered a trail of phony companies, fake reports and shoddy oversight.
The program was designed to give low-wage working parents assistance with child care, encouraging them to get and keep jobs, rather than stay on welfare. While the need in many of the 34,000 cases is genuine, the system allows child-care providers and parents to easily con the system, capitalizing on children for public cash.
The Journal Sentinel focused on the five Wisconsin counties with the highest number of subsidized child-care recipients - Milwaukee, Dane, Racine, Kenosha and Brown counties.
Among the findings:
• Counties accept almost anything as proof of employment for parents seeking child-care assistance. Notes from employers, phone conversations, checks stubs - all of which are easily fabricated - serve as sufficient proof. As a result payments are sometimes approved based on bogus jobs.
• Caseworkers sign off on child-care arrangements that defy the imagination. In one instance, child-care funding was approved for 85 hours a week even when children were in school all day. If the statements were to be believed, the children would almost never be home. In another case, a woman was granted child-care assistance to work 236 of 238 days, including the day she gave birth to her seventh child.
• Regulators seldom revoke licenses for fraud and are slow to act even when they have strong evidence. In at least two cases, government officials suspected that providers were falsifying documents for three years before finally moving to shut down the child-care operations. Prosecutors have filed only one child-care fraud case in the past five years.
Child-care scams rake in thousands
The Journal Sentinel spent four months investigating the $340 million taxpayer-supported program and uncovered an array of costly problems - including fraud. But the investigation also revealed a system rife with lax regulations that have paved the way for abuse by parents and providers.
Consider:
• Sisters or other relatives can stay home, swap kids and receive taxpayer dollars. The four Racine sisters took in as much as $540,000 in taxpayer dollars in less than three years, mostly to watch each other's kids.
• Rules allow parents to be employed by child-care providers and enroll their children at the same place. At some centers, children of employees make up the majority of kids in day care. In one Milwaukee location, an employer and parents are accused of teaming up to bilk the system out of more than $360,000.
• Child-care subsidy recipients have been allowed to work for almost any type of business. Payments were made when moms claimed to work ironing a man's shirts, drying fruit and selling artwork they made during art class.
• The government pays for child care while parents sleep. Counties have no way to monitor whether parents are actually sleeping while their kids are in day care.
Child care loopholes lead to easy money
In addition to posing a potential safety risk to the state's neediest children, some criminals appear to be conning the child-care system, doctoring attendance records, the Journal Sentinel found. It's difficult to gauge the full scope of child abusers in the system because even when police and child-welfare workers find substantiated cases, not all abusers are criminally charged. And when they have been charged, many of the details are considered private information. To tell this story, the Journal Sentinel reviewed thousands of pages of public documents and obtained from sources dozens of additional documents that state and county regulators refused to release.
Child-care providers with criminal past getting licenses, state funds
State legislators called for a series of new reforms to the state's troubled child-care program, including a measure that would ban certain criminals from getting into the child-care business and collecting public funds. The action came in response to a Journal Sentinel story that detailed how the state allows criminals to become child-care providers and receive hundreds of thousands of dollars from the taxpayer-supported Wisconsin Shares program.
Legislators press for ban on criminal child-care providers
State regulators misspent nearly $20 million in taxpayer-supported child-care funds in 2008, according to estimates in a state audit released Friday.
The Legislative Audit Bureau's examination of the Wisconsin Shares child-care program found fraud and other problems in dozens of cases.
State audit finds nearly $20 million in fraud
A Milwaukee woman known as the "day care pimp" was sentenced to five years in prison Monday for bilking the state's taxpayer-funded child-care program out of at least $369,000.
Woman gets 5 years for child-care fraud
Nicole Brown, a felon with ties to Milwaukee crime boss Michael Lock, has been operating Jasmine's Learning House and collecting hundreds of thousands of taxpayer dollars for more than a year after her conviction.
Day care provider linked to crime boss loses license
A Wisconsin woman accused of scamming the state's taxpayer-funded child care program out of more than $100,000 now faces felony theft charges, in one of the largest cases of its kind in state history.
State caregiver accused in $100,000 scam
Several years before she opened her Milwaukee day care center, Shalanda Lock went by the name "Pleasure." Police and prosecutors say she danced in strip clubs and sold sex across the Midwest. And she isn't the only day care provider with ties to convicted crime boss Michael Lock.
Crime family reaps child-care cash
A Kenosha County child-care provider whose fraudulent activity was detailed in a Journal Sentinel series this year is back in business - billing the state for more than $1,400 in recent weeks
Suspect child-care business gets more state cash
State regulators are launching a series of public hearings around the state seeking input from child care providers, parents, government workers and other stakeholders to help curb fraud in the state's day care system.
State regulators to hold public hearings on child care reform
Those who seek city zoning approval to operate child-care centers in Milwaukee would face a higher level of scrutiny under a resolution recommended Friday.
City focuses on child care
The mother of the infant girl who died Sunday appears to have provided Milwaukee County with bogus employment information to qualify six of her children for taxpayer-funded child care. Two of the kids don't even live in Wisconsin. The cost to taxpayers: more than $1,300 per week.
Mother of dead baby is subject of child-care probe
Gov. Jim Doyle has repeatedly said he plans to link the quality of a day care to the amount the center receives in taxpayer funded child-care subsidies. But a closer look at his proposed budget by the Journal Sentinel shows it won't happen in the next two years, if ever.
Day care incentive absent from Doyle's budget
The Joint Legislative Audit Committee voted unanimously Thursday to launch a full-scope audit of Wisconsin Shares, a major move designed to combat fraud within the $340 million taxpayer-funded child-care system.
Audit of child care subsidy program wins backing
Gov. Jim Doyle plans today to unveil sweeping changes to the state's taxpayer-funded child-care system, including a new rating system that requires providers to meet specific standards to qualify for payments.
Doyle plans child-care reform
The state has overpaid day care providers at least $13.7 million in recent years - including millions of dollars spent on bogus child care that was never delivered, according to the state's own records.
Millions down the drain
Gov. Jim Doyle on Wednesday unveiled the first part of his plan to bolster oversight of the state's taxpayer-funded child-care system - pushing a requirement that parents use swipe cards to electronically log their children in and out of day care centers.
Doyle unveils day care oversight
Racine County child-care regulators turned over two cases to the district attorney's office on Tuesday for possible criminal fraud charges inside the Wisconsin Shares program.
Charges possible in Racine County child-care cases
The Racine County Sheriff's Department will take over child-care fraud investigations in the county after reports of fraud and abuse within the taxpayer-funded Wisconsin Shares system.
Racine sheriff to check for fraud
The two co-chairs of the state's Joint Legislative Audit Committee agreed Thursday to move forward with requests to audit the Wisconsin Shares child-care subsidy program.
Lawmakers move ahead with requests to audit child-care program
Thirty-two Democratic legislators signed a letter Tuesday calling for a comprehensive audit of the state's taxpayer-funded child-care program and asking that it examine every element from initial intake to the final payment.
Lawmakers call for audit of state's child-care program
Source:
Cashing in on Kids
Elder Abuse and Premature Death
A recent study reveals some disturbing data on senior care and elder abuse. According to the research conducted at Rush University Medical Center in Chicago, the risk of death increases significantly—nearly six-fold—when seniors do not care for themselves, reported Medicine Net. The findings appear in the August 5th issue of the Journal of the American Medical Association (JAMA).
Also, when seniors are abused—emotionally, physically, financially, sexually, or through neglect—the risk of death increases by more than double, according the study, said Medicine Net. “Elder self-neglect and abuse really have severe consequences,” said Dr. XinQi Dong, study author and associate professor of medicine at Rush, quoted Medicine Net. According to Dr. Dong, the research indicated that “it’s not just the cognitively impaired,” citing patients with Alzheimer’s disease and dementia, affected by these trends, “Even more capable seniors face a higher risk of premature death from self-neglect,” he said, reported Medicine Net.
Full Article and Source:
Elder Abuse Linked To Early Death
More information:
Elder Abuse, Neglect Make Early Death Far More Likely
Self-neglect, abuse ups risk of death in the elderly
Also, when seniors are abused—emotionally, physically, financially, sexually, or through neglect—the risk of death increases by more than double, according the study, said Medicine Net. “Elder self-neglect and abuse really have severe consequences,” said Dr. XinQi Dong, study author and associate professor of medicine at Rush, quoted Medicine Net. According to Dr. Dong, the research indicated that “it’s not just the cognitively impaired,” citing patients with Alzheimer’s disease and dementia, affected by these trends, “Even more capable seniors face a higher risk of premature death from self-neglect,” he said, reported Medicine Net.
Full Article and Source:
Elder Abuse Linked To Early Death
More information:
Elder Abuse, Neglect Make Early Death Far More Likely
Self-neglect, abuse ups risk of death in the elderly
Theft From Elderly Shoppers
Ill - Aurora police are investigating at least three thefts from elderly people who were grocery shopping.The three thefts, along with another incident in Oswego, all are similar and may involve the same suspects.
In the latest incident, an 84-year-old Naperville woman said her purse was stolen while she was shopping at Meijer, 808 N. Route 59.
A female suspect is described as black with a small build, about 5 feet 2 inches tall and weighing about 120 pounds with black hair. Her companion is a black man with a medium build, about 6 feet tall and weighing about 200 pounds. The female suspect matches the description of a woman who stole the checkbooks of two other elderly women in Aurora and one in Oswego in recent weeks.
Anyone with information on the identity of the woman is asked to call Aurora police at (630) 801-6655, Oswego police at (630) 551-7349 or Aurora Area Crime Stoppers at (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:
Aurora police investigating thefts from elderly shoppers
Saturday, August 8, 2009
Appeals Court Sides With Octomom
An appeals court has sided with octuplets' mother Nadya Suleman in her legal battle with a former child star over whether Suleman's 14 children should have an independent guardian to protect their finances.
The 4th District Court of Appeal stayed a lower court ruling siding with former Disney Mouseketeer Paul Petersen, who had taken Suleman to court over the issue. Last month, an Orange County judge agreed to appoint a guardian to examine the finances of the children.
Petersen, who is now an advocate for children in the entertainment industry, had alleged that video shot of Suleman's 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:
Octuplets' mother wins child labor case on appeal
More information:
Appeals court overturns Suleman octuplets guardian
See also:
Guardianship - Nadya Suleman
The 4th District Court of Appeal stayed a lower court ruling siding with former Disney Mouseketeer Paul Petersen, who had taken Suleman to court over the issue. Last month, an Orange County judge agreed to appoint a guardian to examine the finances of the children.
Petersen, who is now an advocate for children in the entertainment industry, had alleged that video shot of Suleman's 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:
Octuplets' mother wins child labor case on appeal
More information:
Appeals court overturns Suleman octuplets guardian
See also:
Guardianship - Nadya Suleman
Booted From Marine Corps
At age 8, Josh Fry was diagnosed with autism.
When Fry turned 18 in 2006, he was deemed unable to make major decisions for himself by the California courts. The federal government approved his disability and made Social Security payments to help provide for his care.
But in 2008, no one blinked when a Marine recruiter picked up Fry from a group home for mentally ill adults and took him to the Costa Mesa recruiting substation. Nine days later, Fry was standing on the yellow footprints.
On July 20, 2009 — after 18 months in the Corps, 12 of them confined in the brig — Pvt. Josh Fry was court-martialed for fraudulent enlistment, unauthorized absence and possession of child pornography. He was sentenced to time served plus three years probation, tossed from the Corps with a bad-conduct discharge and ordered to register as a sex offender.
Left unexplained in the whole mess, however, is how a man such as Fry could be recruited into the Marine Corps in the first place, make it through boot camp and get sent on to infantry training during war time.
Full Article and Source:
Autistic Marine booted from the Corps
See also:
Marine Recruiter Ignores Conservatorship
When Fry turned 18 in 2006, he was deemed unable to make major decisions for himself by the California courts. The federal government approved his disability and made Social Security payments to help provide for his care.
But in 2008, no one blinked when a Marine recruiter picked up Fry from a group home for mentally ill adults and took him to the Costa Mesa recruiting substation. Nine days later, Fry was standing on the yellow footprints.
On July 20, 2009 — after 18 months in the Corps, 12 of them confined in the brig — Pvt. Josh Fry was court-martialed for fraudulent enlistment, unauthorized absence and possession of child pornography. He was sentenced to time served plus three years probation, tossed from the Corps with a bad-conduct discharge and ordered to register as a sex offender.
Left unexplained in the whole mess, however, is how a man such as Fry could be recruited into the Marine Corps in the first place, make it through boot camp and get sent on to infantry training during war time.
Full Article and Source:
Autistic Marine booted from the Corps
See also:
Marine Recruiter Ignores Conservatorship
Ruling in Favor of Brando Trust
The State of California Court of Appeal has ruled in favor of the Brando Trust and decided against an appeal made by plaintiff Deborah Brando (nee Presley) who petitioned to revoke the decision of the probate May 2007 court orders upholding Avra Douglas, Larry Dressler and Mike Medavoy as co-executors of the Brando Estate.
The Court of Appeal decision represents the third failed attempt by the Plaintiff to challenge the will and reopen the estate.
The Court of Appeal's decision affirms the probate judgment on two grounds: (1) The petitioner does not have standing to challenge the will; and (2) her attempt to challenge the will is untimely. The Court of Appeal awarded Douglas, Medavoy and Dressler their costs on appeal.
The Court of Appeal's decision affirms that Plaintiff's attempt to disturb the closed estate of Marlon Brando was improper as a matter of law. The opinion also confirms that Plaintiff has no interest in the Estate of Marlon Brando and that her attack on the closed estate is untimely.
Full Article and Source:
Brando Trust Wins Victory in State of California Court of Appeal
See also:
The Brando Wills
The Court of Appeal decision represents the third failed attempt by the Plaintiff to challenge the will and reopen the estate.
The Court of Appeal's decision affirms the probate judgment on two grounds: (1) The petitioner does not have standing to challenge the will; and (2) her attempt to challenge the will is untimely. The Court of Appeal awarded Douglas, Medavoy and Dressler their costs on appeal.
The Court of Appeal's decision affirms that Plaintiff's attempt to disturb the closed estate of Marlon Brando was improper as a matter of law. The opinion also confirms that Plaintiff has no interest in the Estate of Marlon Brando and that her attack on the closed estate is untimely.
Full Article and Source:
Brando Trust Wins Victory in State of California Court of Appeal
See also:
The Brando Wills
Friday, August 7, 2009
Widow Granted Guardianship
The widow of former Tennessee Titans quarterback Steve McNair has been granted the right to act as guardian for her children's inheritance.In a hearing held inside a judge's chambers on Wednesday, Mechelle McNair was granted guardianship of her two children, 5-year-old Trenton and 10-year-old Tyler.
She already has been appointed the administrator of her husband's estate, and a judge gave her 60 days to complete an inventory of her husband's assets. He didn't leave a will.
Full Article and Source:
Steve McNair's widow named guardian
More information:
Steve McNair Dead
Agent: McNair Had Unsigned Wills
Steve McNair's estate not an issue for family, agent says
Steve McNair foundation's future is uncertain
McNair's wife to oversee estate
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