Wednesday, October 7, 2009

Woman on a Mission

Wanda Scroggins has a mission to change two Arkansas laws.

Her mission was formed when she questioned some of the medical treatment of her 90-year-old mother in a nursing home and wanted to take care of her mother at home.

Scroggins had no say in the treatment of her mother, Lois Kennedy Axton, because she had unknowingly lost the guardianship and power of attorney.

“She was dying and needed the help I could give her on a daily basis. That was what I was trying to do,” Scroggins said.

Full Article and Source:
Woman on a Mission to Change Guardianship Laws for Elderly

Two Plead Guilty to Abuse

Two of three former Kane employees, certified nursing assistants have pled guilty to physically abusing a woman in their care a year ago.

They were looking after Thelma Bryant, 94, a Kane resident who used a wheelchair and suffered from dementia.

Charges were dropped against a third employee, but all three women will sign an agreement that they will never work in caring for the elderly in any capacity again.

The accusations against them included stepping on Ms. Bryant's feet, hitting her and bruising her forehead and throwing an orange at her.

Shelly Keene, 35, of West Mifflin pled guilty to simple assault.

Karen Perry, 46, of Homestead, pled guilty to harassment.

Charges were dropped against 30-year-old Shalayla Hatten of the Hill District.

Full Article and Source:
Former Kane Workers Plead Guilty to Abuse

Former DHS Employee Pleads Guilty

A former Department of Human Services employee pleaded guilty Monday to two Tulsa County felony charges of financially exploiting vulnerable adults.

Debra Roberts, 51, is set to be sentenced Dec. 21.

She waived her right to a jury trial, and has no agreement with prosecutors to govern punishment.

Associate District Judge Dana Kuehn withheld any finding of guilt, and allowed Roberts to remain free on bond while she awaits sentencing in cases that were filed in 2008.

Roberts, who was a DHS Adult Protective Services specialist, was charged in one case with taking nearly $4,500 that belonged to an 84-year-old man.

She had been a temporary guardian for the man, after a court decided that he lacked the mental capacity to consent to necessary protective services.

In her capacity as guardian, Roberts had the authority to use his money to pay for residential care and daily living expenses, according to an investigator’s affidavit.

Prosecutors maintain that nursing home bills went unpaid and that checks signed by Roberts on the man’s guardian account were written for cash.

In another case, Roberts was charged with financially exploiting a 74-year-old mentally disabled man by converting about $5,900 of his money to her own use. She previously was his temporary guardian.

Full Article and Source:
Former DHS Employee Pleads Guilty in Tulsa

Caregiver Charged with Grand Theft and Battery

Intimidation, threats and violence against a woman with health problems has her 33-year-old caregiver facing a variety of charges, sheriff's officials said today.

Darren Sanders, Daytona Beach, was arrested Thursday after alert employees of the Wachovia Bank on White Street realized someone was draining the unidentified 67-year-old victim’s bank account over the past few months.

Sheriff’s spokesman Brandon Haught said the New Smyrna Beach victim had hired Sanders to care for her, but instead investigators learned he had threatened to harm her and her pets.

Sanders has been charged with false imprisonment, battery of a person 65 years or older, and grand theft, Haught said.

Full Article and Source:
Man Charged with Bilking New Smyrna Beach Woman

Tuesday, October 6, 2009

Farash Daughter Fighting for Her Inheritance

Decades ago, local real estate mogul Max M. Farash put a few of his not-inconsiderable assets into a trust fund to benefit his wife, Marian M. Farash.

Under their arrangement, assets that remained in the trust when Marian died would go to their only child, daughter Lynn.

Yet more than two years after Marian Farash passed away, Lynn Farash hasn't seen a penny of the $2.2 million that remained in her mother's trust fund — and now a local judge is being asked to decide whether she should receive the money at all.

The alternative view is the funds should go into a separate trust that ultimately would disburse a part of the funds to the family charitable foundation, which could eventually become the largest such foundation in the Rochester area's history.

Arguments in the case, expected later this fall before state Supreme Court Justice John Ark, are the latest link in a long chain of legal skirmishes growing out of the costly and sometimes-contentious guardianship of Max and Marian Farash. On Friday came news that Farash's grandnephew, to whom he had entrusted the presidency of his property management company, has been arrested on charges that he stole thousands of dollars from the firm.

Max. M. Farash, now 96 and living in a Webster nursing home, was declared mentally incapacitated in April 2007 by a different Supreme Court judge.

Farash's fortune, estimated to be as large as $500 million, is now guided by a court-appointed property guardian, James C. Gocker. The Rochester lawyer also was property guardian to Marian Farash until her death at age 89 in July 2007.

Gocker has near-total control over Farash assets, which include about 5,000 apartment and townhouse units in the Rochester area and Florida. Since his appointment, Gocker has cataloged and reorganized Farash's holdings, revamped the family foundation and the Farash Corp. and investigated unspecified financial irregularities alleged to have occurred before his appointment.

For that work, Gocker and several lawyers, accountants and others who have advised him had been paid more than $3.1 million from Farash's funds through May of this year, according to court records.

Full Article and Source:
Farash Daughter Fighting for Her Inheritance

See also:
Farash daughter wins case

Guardian Versus Family

Guardianship Cost $1 Million

Outrageous Guardianship Fees

Ex-Farash CEO Accused of Stealing Funds

Former Farash Corp. chief executive Matthew S. Aroesty has been arrested on charges of stealing thousands of dollars from the property management company he once ran.

Aroesty, the grand-nephew of company founder Max M. Farash, was arraigned on a grand larceny charge in Brighton Town Court on Sept. 17.

A felony complaint alleged that Aroesty used Farash Corp. money to pay personal expenses "without authorization or permission." The amount he is accused of misusing was not specified but was greater than $50,000, according to the one-page complaint filed by a Brighton police investigator.

The 43-year-old Pittsford resident, who left Farash Corp. at the end of 2007, pleaded not guilty and the case was sent to a Monroe County grand jury. His lawyer, John Speranza, said Friday that he had limited information about the case but vowed to "forcefully fight" the allegations.

Assistant District Attorney William Gargan said Friday that the Brighton police had been investigating the case for several months.

Aroesty's arrest is a dramatic development in the saga of the wealthy, normally private Farash family, which has been under scrutiny since the 96-year-old family patriarch and his wife of more than 60 years, Marian M. Farash, both were declared mentally incapacitated in April 2007.

Rochester lawyer James C. Gocker was appointed guardian of their Farashes' real estate-based fortune, estimated to be as large as $500 million. Though much of his work has been done away from the public eye, occasional court hearings and filings have made clear the conflicts between Gocker and members of the family, including Matthew Aroesty and the Farash's daughter, Lynn Farash.

Among other things, Gocker oversaw removal of Aroesty as Farash Corp. CEO and Lynn Farash as the company's chairman. More recently, he unsuccessfully sought judicial permission to sell the family's Brighton estate and other property, which Max Farash had intended to leave to his daughter.

Aroesty became company president and CEO in late 2003 or early 2004.

He could not be reached for comment Friday, but Lynn Farash did speak out.

"Matthew is my cousin who I love and support. He worked closely with my father for 20 years," said Lynn Farash, Max and Marian Farash's only child. "I don't believe these allegations and I am appalled at what is being done to our family."

Full Article and Source:
Ex-Farash CEO Accused of Stealing Funds

See also:
Farash daughter wins case

Guardian Versus Family

Guardianship Cost $1 Million

Outrageous Guardianship Fees

CT Seminar for 'Sandwhich Generation'

A seminar on the “sandwich generation” will take place Wednesday, Oct. 7, from 6:30 to 8:30 at the Ridgefield Library.

“Sandwich generation” describes a growing segment of the baby boomer generation: Adult children feeling squeezed between the needs of their aging parents and the demands of their own children, spouses and careers.

This seminar offers knowledge and practical tools to make sound decisions about aging parents.

Speakers are Judge Joe Egan, probate judge; Laura Switzer, senior care manager for Ridgefield VNA; Anne Fowler-Cruz, certified elder law attorney; Joyce Kuhn, assistance vice president of Ridgefield Bank; Linda Duff, admissions and finance director of Laurel Ridge; Terri Ramsey, senior harbor program director at Ridgefield Crossings; Kristi Vaughan and Deborah Durkee, Realtors of William Pitt Sotheby’s; and moderator Geri Hotard, Ridgefield VNA member and chair of Quality Living at Home.

Space is limited. Call 438-5555 ext. 1005 for information and a reservation.

Full Article and Source:
Seminal Will Help the 'Sandwhich Generation'

Jackson Kids 'Doing Wonderfully'

A judge says he's pleased with how Michael Jackson's children are adjusting to being in their grandmother's care.

Los Angeles Superior Court Judge Mitchell Beckloff says he received a report and is "very pleased" with its contents. The judge says: "It looks like the children are really doing wonderfully with their grandmother guardian."

Michael Jackson chose Katherine Jackson in his 2002 will to care for his children, and a court has appointed her their permanent guardian.

Nearly three months after the pop superstar's death, his estate began paying a $60,000 per month stipend to care for and protect them.

Full Article and Source:
Judge: Jackson Kids 'Doing Wonderfully'

Monday, October 5, 2009

Indiana Family Challenging Father's Guardianship

An Indiana family is accusing a Bradenton elder advocate of gaining legal control of the care and assets of a relative without the family’s knowledge or consent.

Beverly and Lawrence Newman, of Indianapolis, are challenging the guardianship of Beverly’s father, Al Katz, which was granted to Aging Safely Inc., on Sept. 22 in Manatee County Circuit Court.

Katz, an 89-year-old who gained local recognition for speaking to schoolchildren about surviving the Holocaust, was taken to Blake Medical Center in early September due to “confusion, agitation and bronchitis,” according to court documents filed by Aging Safely.

That set in motion a series of events that led to Aging Safely applying for, and being granted, emergency temporary guardianship of Katz by Manatee County Circuit Court Judge Janette Dunnigan.

But Beverly Newman, Katz’s eldest child, claimed in court documents she and her husband were his “regular caretakers” from 2002 to 2008. The Newmans have filed a motion to vacate Aging Safely’s guardianship because they weren’t informed of the emergency hearing nor listed as next of kin in Aging Safely’s petition to the court.

Full Article and Source:
Couple Seeks Guardianship of Father

U.S. Supreme Court Looks at "Lawyering"

How lawyers do their jobs -- from the type of advice they give clients to the calculation of fees -- moves to the fore in the new U.S. Supreme Court term in six cases that could dramatically alter the day-to-day practice of law.

The justices in recent terms typically have taken two or three cases -- and sometimes none -- involving the legal profession. The six cases this term have roots in the First Amendment, habeas corpus, bankruptcy law, civil procedure, privileged materials and the Sixth Amendment.

The cases raise issues about "the unique and various ways lawyers practice law and how the legal system protects lawyers, perhaps even from themselves," said Vladeck.

The unusual number thus far simply may be the result of an upsurge in petitions involving lawyering. But Renee Newman Knake, a professional responsibility scholar at Michigan State University College of Law, suggests another reason: The cases may reflect a larger movement toward greater scrutiny of the legal profession, particularly in the wake of corporate and government scandals involving lawyers.

"Is that why the justices have taken these six cases?" asked Knake, who recently published a paper on the high court's cases. "It's hard to say, but taken together, the cases reflect a significant shift in how the Court prioritizes concerns about the attorney-client relationship and issues of professional responsibility. And, individually, each case has potentially significantly consequences for lawyers and their clients."

Full Article and Source:
High Court Justices Take Up Lawyers, Ethics and Errors

Unlikely Companions?

They seemed the unlikeliest of companions, mismatched in every way except for their shared love for horse racing and University of Louisville sports.

Steve Lay was a middle-aged ticket scalper who hadn't held a regular job since the mid-1980s. His education stopped with high school, and he was once convicted of a felony, for lying on a loan application.

Dr. Edwin P. Scott, 31 years Lay's elder, practiced pediatric medicine for 54 years and earned a law degree at night at UofL.He was a licensed real-estate broker as well as a physician and an attorney, and he was a savvy investor to boot: By the time Scott closed his St. Matthews office in 2000, at age 85, he had amassed a fortune worth $21million, mostly in blue-chip stocks.

But after Scott's wife and only child died in the late 1990s, it was Lay who began treating him like family.

“We were buddies,” Lay said in an interview. “I took care of him night and day.”

But Scott's guardian and conservator contend that Lay's concern was a ruse to allow him to loot the retired pediatrician's fortune.

In a suit filed in Jefferson Circuit Court, they contend that from 2004 to 2007, Lay took advantage of an elderly man enfeebled by Alzheimer's disease to “loot” $15million from the doctor — and that a local office of Smith Barney, the brokerage firm, helped Lay get away with it.

The suit, filed in 2007 on behalf of Scott, who has been declared incompetent, outlines an epic spending spree in which Lay bought himself a $300,000 yacht, an $83,928 Dodge Viper and a $1.5million home near Glenview, and gave $1million to a friend in Chicago, $3 million to his son and a $37,000 Mercedes to his mother.

Full Article and Source:
Doctor, Later Diagnosed WIth Alzheimer's Let Friend Spend His Millions

Accused of Duping His Mom

Joel Berntsen persuaded his 95-year-old mother to give him $290,000 to buy a house in North Oaks, then made her pay his $2,000 monthly mortgage, according to charges filed against him in Ramsey County District Court.

Berntsen, 58, of Minneapolis, has been charged with financial exploitation of a vulnerable adult. According to the criminal complaint filed last week, his mother has dementia.

She told an adult protection worker in March that her son "sees her money as 'family money' instead of her money and that he cannot have any more money because she needs it."

Berntsen was charged by summons and ordered to appear in court Oct. 22.

Full Article and Source:
Son Accused of Duping His Mom, 95, Out of Thousands

Sunday, October 4, 2009

Former Public Administrator Charged with Felony Theft

A former New Madrid County official is charged with three counts of stealing from those under her care.

Nancy C. Pardon, who served as the New Madrid County Public Administrator until resigning in August 2008, is accused of a Class B felony of stealing for the theft of at least $25,000 in cash and checks from one of those under her care. Also she is charged with two Class C felonies of stealing for the theft of at least $500 from two others who she was responsible for as the public administrator.

Special prosecuting attorney Douglas S. Pribble with the Missouri Attorney General's office filed the charges in New Madrid County on Sept. 25. Following her appearance Sept. 28 before Judge W. Keith Currie, Pardon was released on her own recognizance and scheduled to return to court on Oct. 7. Currie is an associate circuit judge from Pemiscot County who was appointed after Judge Charles Spitler recused himself from the case because he handles the probate docket in New Madrid County.

In the probable cause statement, Missouri Highway Patrol Sgt. Dennis A. Overbey stated Pardon was appointed guardian of the estate of Evelyn Barnes, who had two bank accounts. The Probate Court was not advised of the existence of an account containing $35,725.99, Overbey stated.

According to Overbey, within six months the account was drained of all but $81.38, at which time the final amount was withdrawn by Pardon and the account closed. "In six months Nancy Pardon spent $35,725.99 of Ms. Barnes' money on herself. Ms. Barnes did not receive any money from this account once Pardon took control," he stated.

Full Article and Source:
Former Southeast Missouri Public Administrator Charged With Stealing From Those in Her Care

Florida Legislators Vow for Change

Florida legislators pledged to overhaul state law to require that caregivers for children and the elderly undergo background checks before they begin work and to close loopholes that have let thousands of felons get jobs in day care and nursing homes.

The proposed reforms come after a Sun Sentinel investigative series last week identified disturbing flaws in the background screening system that allow people to work with Florida's most vulnerable residents before the caregivers have been vetted.

Even people with criminal pasts can qualify for jobs as caregivers by obtaining an exemption. Thousands have sought and won official permission to work despite having records for crimes including rape, child abuse and murder, the newspaper found.

"What you have discovered is something the Legislature needs to get more serious about and get on top of immediately," state Rep. Ari Porth, D-Coral Springs, told the Sun Sentinel. A state prosecutor, Porth is drafting legislation to require pre-employment checks and put restrictions on who can get exemptions.

Full Aritcle and Source:
Florida Lawmakers Vow Changes After Learning of Laxness, Loopholes, in Checking Child and Elder Care Workers

See also:
Databases: Search Criminal Records and Inspections

Trust Betrayed

Felons Working In Florida Nursing Homes

Convicted Felons as Caregivers

Preying on the Frail

MI Urged to Require Licensing for Health Aides

The need for greater consumer protection and quality service is prompting the Michigan Home Health Association to develop and promote state licensing requirements for all providers of home care. The legislation also would require staff qualifications, training and criminal background checks.

Home health care is an important key to independence for those who are ill, disabled or elderly. Home health aide employment is expected to grow 49% to more than 1.1 million workers nationally by 2016, according to the U.S. Bureau of Labor Statistics. These workers experience heavy turnover, do physically demanding work and usually earn meager wages.

Some of these aides will assist some of the approximately 1.9 million people with disabilities statewide or the nearly 1.2 million people in southeast Michigan projected to be 65 or older by 2035.

The number of home health agencies certified in Michigan has grown from 198 in fiscal year 2003 to 514 as of Sept. 1. There are an unknown number of agencies that are not certified. The federal government has guidelines for aides whose employers receive reimbursement for Medicare and some states require aides to be licensed.

Full Article and Source:
Safety Fears Grow With Demand for Home Care

Aide Takes $10,000 From Resident

A nursing aide at a northern Minnesota assisted-living facility persuaded an elderly resident with memory problems to write 12 checks totaling more than $10,000 last year, then cashed them and apparently made off with the money, state Health Department investigators said Thursday.

St. Louis County prosecutors said they likely will decide later this month whether to charge the unnamed aide with felony theft, as police in Virginia, Minn., recommended. The aide was fired after the allegations surfaced last fall.

The aide was caring for a resident of the Edgewood Vista Virginia assisted-living facility -- the same home where Health Department investigators a month ago reported that three aides physically and emotionally abused some residents. The resident lived at the home for about two years and died last December.

In the earlier case, investigators said the aides pinched and slapped several elderly residents, called them abusive names and taunted one patient with dementia by saying her husband had died. The aides were fired. Police are still investigating that case.

In the case announced Thursday, state investigators determined that the aide financially exploited the resident between late May and late September last year. The aide persuaded the woman to write checks made out to her or to cash for groceries or Mary Kay cosmetics, even though the resident did not use cosmetics and ate all meals at the home, the report said.

Full Article and Source:
Elderly Resident Taken For $10,000

See also:
Virgina Police Investigating Elder Abuse

Saturday, October 3, 2009

Federal Lawsuit to Stop Cuts in Homecare Filed

Several individuals needing critical assistance to remain safely in their homes, advocates for seniors and people with disabilities, and the unions whose members provide care, today filed suit in federal court in San Francisco to prevent impending cuts in the "In-Home Supportive Services" program, known as IHSS. The class action lawsuit is filed on behalf of four low-income Californians who need IHSS to remain safely at home. The plaintiffs include two children with disabilities who need special care, an 81 year old senior who needs IHSS to remain in her apartment, and a young man with autism and bi-polar disorder whose IHSS provider assists him with basic tasks.

The cuts in IHSS services are scheduled to take effect November 1, 2009. At least 40,000 people will lose services entirely and an additional 97,000 will have their services cut sharply. Among the services to be cut are help with cooking, food shopping, cleaning and assistance to medical appointments – cost-effective services which frail seniors and those with disabilities depend on to avoid more costly placement in institutions such as nursing homes.

Full Article and Source:
Federal Lawsuit to Stop Cuts to Homecare to 130,000 Californians Filed Today

More Jail Time

The daughter and grandson of a woman they allegedly let die of hunger and thirst in her bed have another month to stew in jail before they see a judge again.

Judge Edward Burmilla set the next court date for Ilse Krone, 55, and Harold VanDuyne, 31, for Nov. 2.

Krone and VanDuyne both face charges of criminal neglect of an elderly person and financial exploitation of an elderly person in connection with the death of 91-year-old Catherine Bottino.

After Krone announced her mother's death in April, another relative called police and expressed concern that the dead woman had not been well cared for.

Investigators reportedly determined Bottino had been dead for much longer than Krone had claimed. The autopsy revealed she had succumbed to "inanition and dehydration due to elder neglect," or as Coroner Patrick O'Neil explained, she died from "lack of food and water."

On top of all of this, police said, Krone and VanDuyne took their matriarch for thousands of dollars before she died, siphoning money from her bank accounts.

Full Article and Source:
More Jail Time Before Court

Convicted

A White Center businessman who gradually bilked an elderly woman out of her $1.5 million estate was found guilty Wednesday of one count of first-degree theft.

Jurors in King County Superior Court deliberated for about 2 ½ hours before returning the verdict against Tyrone Dash. Dash faces a standard range of up to 90 days in jail, said King County Senior Deputy Prosecutor Ivan Orton.

But, Orton added, Superior Court Judge Michael J. Fox can seek an exceptional sentence because Dash was found guilty of two aggravating offenses: committing a crime against a vulnerable victim and committing a major economic offense.

Sentencing is scheduled for Oct. 30.

Full Article and Source:
Man Convicted of Bilking Elderly Woman Out of $1.5 million

Sentenced to Five Years

Tyra Arnett Green, 50, and Amanda Eastman, 24, both of Houston, were sentenced to five year federal prison terms Wednesday in U.S. District Court in Waco for their roles in a scheme to bilk an 89-year-old Waco woman out of her life’s savings.

The women were each sentenced to 30 months in prison for conspiracy to commit wire fraud and 30 months for wire fraud.

U.S. District Judge also fined both women $1,000 and ordered that each serve three years under supervised release after completing their sentences.

Green, Eastman and a third defendant, Louis Dickerson, 59, of Houston, each pleaded guilty to one count of conspiracy and one count of wire fraud, acting U.S. Attorney John Murphy said Wednesday.

Dickerson will be sentenced next month.

Police said the victim was approached by a woman holding a black bag as she got out of her car around 11 a.m. on Feb. 5 in the parking lot of the H-E-B store at 1301 Wooded Acres in Waco.

The woman asked the victim if the bag was hers and then explained that it contained a large amount of cash, police said.

She convinced the elderly victim that a reward would be paid for return of the money, but that both would each have to put up about $23,000 of their own money to get it, police said.

The victim drove to her bank and withdrew $10,000, which she gave to the woman who told her she needed to come up with even more cash, police said.

Accused of Ripping Off His Mom

A Spring Valley man is accused of bilking his elderly mother out of more than $72,000 and fleeing the state.

Dloughy borrowed money from his mother, a Ramapo resident in her late 70s, between December 2006 and February of this year, District Attorney Thomas Zugibe said. He told his mother he would repay her with a $703,000 workers compensation claim settlement he expected to receive.

In May 2008, Dloughy signed a promissory note indicating he owed her $63,000 and would pay her back with funds from a revised compensation settlement of $362,000.

By September 2008, his mother refused to give him any more money without proof that Dloughy was getting the settlement.

He then crafted a phony settlement statement that appeared to be drafted and signed by a New Jersey attorney, and gave it to her, Zugibe said.

The mother later learned that a lawyer had never written or signed any documents, and that her son was not receiving a settlement.

Friday, October 2, 2009

New Hampshire Eyes Assisted Suicide

Today, a New Hampshire House committee begins the emotionally difficult work of deciding whether to recommend legalizing assisted suicide for the terminally ill.

The Judiciary Committee holds the first of what is expected to be many long work sessions on a bill introduced last session but held over the summer for more work. The full House votes on the measure next year.

The bill would let terminally ill patients older than 18 obtain lethal prescriptions, with safeguards to prevent abuses.

Opponents call the bill a recipe for elder abuse.

State Rep. Nancy Elliott, R-Merrimack and a committee member, said she hopes the committee will recommend that the bill be turned down.

“This bill opens our vulnerable seniors up to coercion, talking them into ending their life so they won’t be a burden,” said Elliott, R-Merrimack.

Kevin Smith of the conservative Cornerstone Policy Research said Wednesday that doctors should be treating the terminally ill, not helping them die.

“This would put a dollar sign squarely between the patient and the caregiver,” Smith said.

Full Article and Source:
New Hampshire Eyes Assisted Suicide Legislation

Felons as Caregivers

At least 2,400 day care workers were on the job before their records turned up, including a Tampa man with this note in his screening record: "EVIL DUDE-RAPE+KIDNAP+SEX ASLT," a statewide database of screenings since 1985 shows.

Hundreds of people in Hillsborough County charged with offenses such as theft, prostitution, robbery, arson and other crimes received state exemptions to care for children, elderly and the disabled, according to the newspaper's databases.

Through an exemption system created by lawmakers two decades ago, Florida has cleared more than 8,700 people with criminal records to be caregivers. They include 45 murderers, 12 registered sex offenders and 200 people with histories of harming children.

Full Article and Source:
System Puts Felons in Caregiver Jobs

Additional Information:
Databases: Search Criminal Records and Inspections

Six Years and Restitution

A Lakewood man who recruited elderly Vietnamese men and women to sign up for the state's Old Age Pension program for which they were not entitled to was sentenced to six years in prison.

Jeffrey Dan Van, 48, was also ordered to pay restitution for bilking the state out of an estimated $1 million but because he had been receiving disability income for the past 22 years, he could only afford very small restitution payments, his attorney said.

Van had pleaded guilty to theft and forgery on July 6.

According to his guilty plea, from January 2001 through the end of 2008, Dan Van recruited more than 45 Vietnamese people from across the country.

Van told the seniors that Colorado law was more liberal and that they could receive these benefits in Colorado even though they were not eligible for them in the states where they lived, said district attorney spokeswoman Pam Russell.

Full Article and Source:
Man Sentenced for Bilking State Pension Program of $1mil: Elderly From Across the Country Applied for Colorado's Old Age Pension Program

Guardians Back in Business Soon

A Twin Falls County volunteer board that provides legal guardians for the elderly, developmentally disabled and others who can't afford such a service will soon be back in business.

County commissioners voted on Tuesday to reform the Board of Community Guardians, just seven months after they disbanded the organization over concerns about its operating practices and a lack of volunteers.

Those issues were also aggravated by the actions of former guardian and board member Cindy Laws, who in March was charged with felony abuse or neglect of a vulnerable adult for allegedly stealing more than $6,000 from a 93-year-old woman with dementia. Laws, no longer involved with the organization, entered an Alford plea to the charges last month - acknowledging a jury would likely convict her without actually admitting guilt - and is set to be sentenced Oct. 26.

The guardians will now meet with clinic staff to put their board back together. Dennis Voorhees, a board member and Twin Falls attorney specializing in elder law, praised commissioners on Tuesday for their prompt and careful action on the matter and said the various parties involved in the board's work are now focused on avoiding more problems like Laws'.

"I don't think that the public sees this as reflecting on the board," Voorhees said, noting his organization kept a very clean record over the years. "It's been a wonderful experience to work through this tightening-up process with the commissioners."

Full Article and Source:
County Commission Puts Guardians Back to Work

See also:
Laws Takes Plea Deal for Charges Related to Abuse/Neglect of Vulnerable Adults

Court-appointed caretaker accused of more crimes

Guardian Accused of Exploitation

Charged With Abusing Parents

A 50-year-old man recently released from prison has been jailed on charges of abusing his elderly parents.

Julian Howard Parker began mistreating his parents after his release from prison in April on drug charges, police said. Parker had moved into their Milton Avenue home.

Last Thursday, Parker was charged with aggravated battery of a person over 65, false imprisonment, exploitation of an elderly person and possession of cocaine after he banged on the front door at 2 a.m., awakening his father.

A short time later, Parker pulled his 81-year-old father out of bed, dragged him into another room and demanded money, an arrest report states. When his father refused to give him money, Parker became enraged and threw his father against a wall, then dragged him back into the bedroom and held him against his will, the report states.

Parker was booked into the Volusia County Branch Jail, where he remained Tuesday with bail set at $15,500.

Full Article and Source:
Man Charged With Abusing Parents

Thursday, October 1, 2009

Trust Betrayed

More than 8,700 people initially barred from being caregivers due to criminal records have been granted special permission by the state to work with children, the elderly and the infirm, a recent investigation found.

About 1,800 -- or one in five -- were arrested again, some within days of the determination that they were of "good moral character" and could be trusted to care for the state's most vulnerable residents.

Felons have been allowed to work in day care centers, assisted living facilities and nursing homes through an exemption system created by Florida legislators in 1985.

The system was meant to give those with a long-ago minor offense a second chance, but convicts with multiple prison stints and career criminals with records spanning decades sail through with little resistance -- 82 percent get an exemption.

Lucia Rivera, then 44, pleaded guilty in 1999 to aggravated assault and other charges for beating the girlfriend of her estranged husband and encouraging an accomplice to slice the woman's face with a knife. In 2005, she applied for -- and received -- an exemption from the state's Agency for Health Care Administration. In 2008, while working as the business manager at Avante in St. Cloud, Rivera was charged with stealing more than $36,000 from dozens of patient accounts. "Most of those people were bedridden, comatose," said Kathy Foust, a guardian for several victims. (Florida Department of Corrections)

Full Article and Source:
Trust Betrayed: Exemptions Let Felons Watch Over Vulnerable

Editorial: A Serious Betrayal of Public Trust

When citizens appear before a judge, it's crucial that they believe they will receive fair, impartial justice according to law. That's one of the highest values prized by the court system. Public confidence in the integrity of courts is a cornerstone of our entire system of government.

That's why the recent Minnesota Supreme Court decision in the case of First District Judge Timothy Blakely is so baffling. The Minnesota Board on Judicial Standards recommended that he be fired. But last week, the state's highest court suspended and censured Blakely for misconduct, stopping short of removing him from the bench.

The misconduct involves a $64,000 discount Blakely received on fees from his divorce lawyer. In 17 instances over the course of four years, Blakely referred people who appeared before him in his family law courtroom to his lawyer, Christine Stroemer, for mediation or related services. He failed to tell them that Stroemer was his attorney and that he had run up a large bill with her firm.

Full Article and Source:
A Serious Betrayal of Public Trust

New Bill to Protect Senior Investors

Bicameral legislation has been introduced on Capitol Hill to protect nearly $15 trillion in assets – the life savings of Americans over 65 – from fraud perpetrated by unscrupulous financial advisors.

“This important legislation will help protect seniors and their retirement investments,” stated Congressman Paul Hodes, D-NH. “By providing states additional funds and increasing penalties for fraud, we will help prevent America’s seniors from being victims of unscrupulous financial advisors that would seek to take advantage of their retirement accounts.”

The first bill, known as the Senior Investor Protection Act, will create a new grant program to assist states in their efforts to protect seniors from misleading financial advisor designations.

The second bill, the Senior Investor Protections Enhancement Act, specifically targets those who commit securities violations against seniors.

“This legislation will toughen penalties on those who scam and defraud older Americans and provide more peace of mind and security to investors,” explained Sen. Bob Casey, D-Penn. “Too many people approaching retirement or in retirement have lost a portion of their life savings in the market. They shouldn’t have to fear losing more because of fraud.”

Further action on the pending legislation is expected in both the Senate and the House.

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New Bill Protects Senior Investors

Editorial: The Death of Nursing Homes

Elders often tell their adult kids to shoot them rather than send them off to the nursing home. We may not be disposing of our parents, but we are killing the nursing homes, at least as we know them. In not too many years, long-term care nursing home beds may be as rare as Republicans in Massachusetts.

Many may cheer at this news. But the need for the intensive level of care provided by skilled nursing facilities isn’t going away. As hospitals discharge patients “quicker and sicker,” many need a level of assistance they cannot receive at home. As medical technology keeps people with horrific injuries and severe illness alive for years, they will need careful monitoring and drug treatments that are beyond the abilities of most family caregivers or part-time paid aides. So where will they get this care?

The trend away from nursing homes is already clear. The number of facilities has fallen by nearly 1,000 to about 15,700 since 2000. More than 80,000 beds have been shuttered over those nine years. And the number of Medicaid-only beds—those certified for long-term care stays-- has plunged by half since 1995, to about 114,000.

All this is happening even as the population of those 75 and older—those most likely to need long-term services—has grown from 16.6 million to almost 19 million.

Why the change? In part, it is because Medicaid is gradually providing more long-term care at home, although the pace of change remains slow.

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The Death of Nursing Homes

Alzheimer's Breakthrough Act Promising

The Alzheimer's Breakthrough Act is a tremendous step in the fight against Alzheimer's disease. There are more than five million people living with Alzheimer's disease, and that number is expected to soar to as many as 16 million by mid-century.

This important legislation passed by the Senate Committee on Health, Education, Labor and Pensions (HELP) offers promise for someday having a world without Alzheimer's disease.

By calling for a doubling of the funding for Alzheimer's research at the National Institutes of Health from $640 million to $1.3 billion, this bold legislation authorizes the necessary resources to restore momentum in the pursuit of better diagnosis, prevention and treatment of this devastating disease.

New treatments that alter the course of the disease could save millions of baby boomers from the disease and yield $61 billion in annual Medicare and Medicaid savings within five years of a breakthrough. The Alzheimer's Breakthrough Act is the necessary impetus to create this important outcome.

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Alzheimer's Bill Promises More Funding for Research