Wednesday, March 31, 2010

Son Pleads for Help for Veteran Father

Dear Americans! Help!

My Father, a Vietnam Vet with a Purple Heart, is having his estate stolen by New Jersey’s Government Courts.

I am begging for your help on behalf of a Vietnam Vet who did three tours of duty and earned a purple heart. He is currently being robbed by the Office for the Public Guardian in Ocean County NJ

His name is Vincent Stanley Blasco and he is my Dad. He has Alzheimer’s and is in their care where they refuse to give any of his 3 children here in Georgia custody of him. Instead they continue to sell off dozens of plots of my Dad’s property and continue hiding thousands and thousands of dollars in false expenses. Now they are trying to sale his 19 acre farm off East Veterans Hwy.

The courts have allowed OPG to already sale 7 properties of his in Berkley NJ and they claimed it was for medical bills. We received accounting after 4 years of requests only to find out my dad by himself racked up $800 per month in Grocery bills, $2,000 a month in landscaping bills. $500 per day about 3 days a week in Home Depot bills, etc… I have a stack of accounting 2 inches thick of frivolous spending.

I am contacting News Agencies or whatever it takes to get this to quit. We deserve to have our father in Georgia where all 3 of his children live. Not tucked away in a nursing home in NJ to have his Army Pension and Social Security bilked as his farm goes on the market to cover thousands of bogus expenses and invented expenses.

Full Article and Source:
Vietnam Vet's Estate Stolen by New Jersey Gov Courts, Son Says

See Also:
NASGA: Veterans in Peril

AG Charges Woman With Theft

The state Attorney General's Office said Karen Gagne, 55, of Sanbornton, was arrested for allegedly stealing more than $23,000 from an elderly resident of the Pleasant View Retirement home in Concord. Gagne, a friend of the victim, allegedly took the money in March 2009 from a Citizens Bank account belonging to the victim and used the money for her own purposes, the Attorney General's Office announced Wednesday.

Gagne has been released on personal recognizance bail and has been ordered not to have no contact with the victim. She is scheduled to be arraigned in Concord District Court on May 4.

The case is being prosecuted by the Medicaid Fraud and Resident Abuse Unit of the Attorney General's Office, which investigates allegations of health care provider fraud and the financial exploitation and physical abuse of long-term care residents.

Source:
AG Charges Sanbornton Woman with Theft

Attorney Explains Amendments in MA Guardianship Laws

The new UPC [Universal Probate Code] laws have changed several facets of the guardianship and conservatorship laws in Massachusetts. Gary Zalkin, Counselor at law, shares the nine notable changes made to the guardianship and conservatorship laws:

1. Guardianship of the estate
2. Spendthrift guardianship
3. Authority to admit or commit to a mental health facility
4. Authority to admit to a skilled nursing facility
5. Appointment of counsel
6. “Ward”
7. Health care proxy
8. Reports
9. Accounting requirement

Full Press Release With Explanation of All Nine Changes, and Source:
Attorney Gary Zalkin Explains Amendments Made to Massachusettes Guardianship Law

See Also:
General Laws of Massachusetts - Chapter 201. Guardians and Conservators

NASGA's "An Open Letter to Congress and the White House"

Tuesday, March 30, 2010

Outrage: 'Family Guy' Mocks Terri Schiavo

Since the Sunday prime time airing of FOX's, 'Family Guy', and their mocking of Terri Schiavo and other disabled people in the opening scene of the program, Terri's Foundation has been inundated with emotionally charged emails and phone calls.

These supportive communications have been two-fold: sympathetic to the deep wounds that have been opened by this vulgar episode; and to express their anger and outrage at FOX Network for allowing this program to openly display prejudice towards people with cognitive disabilities. The intent of the people contacting us now is to cease their patronage of advertisers who support 'Family Guy'.

We are asking other disability rights groups and pro-family organizations to consider joining us in sending a message to Fox that programs which promote prejudice against disabled human beings will be boycotted along with their advertisers.

If you would like to contact FOX, here is their information:

Ms. Gail Berman, President
FOX Broadcasting Company
P.O. Box 900
Beverly Hills, CA 90213
(310) 369-1000
E-Mail: askfox@foxinc.com

Gaude Lydia Paez, Vice President Communications
FOX Broadcasting Company
Phone: (310) 369-3276
Fax: (310) 369-1283
E-Mail: gaude.paez@fox.com

FOX Broadcasting Company
10201 West Pico Blvd.,
Los Angeles, CA 90035
Phone: (310) 369-3553

Web: www.fox.com

Full Article and Source:
Outcry from Across the Country Continues Over Fox's 'Family Guy' Attack on Terri Schiavo

See Also
Watch the Family Guy Episode, Season 8, Episode 14

Terri Schiavo Foundation

Former DA Gives Talk on Ethics

Former Rockdale County District Attorney Cheryl Custer spoke about her work as director of the Georgia Judicial Qualifications Commission to a local group Wednesday and of the challenges facing her office in enforcing judicial ethics across the state.

Custer was the guest speaker of the Rotary Club of Rockdale County as part of the club’s recognition of March as National Women’s History Month. Custer was the first woman to serve as a district attorney in Georgia when she was appointed by Gov. Zell Miller in 1991. She has served as director of the Judicial Qualifications Commission since 1999. Custer was among those considered for the Georgia Supreme Court to replace retiring Chief Justice Leah Sears Ward.

Custer explained the job of the commission is to enforce the cannons of conduct for all judges in Georgia. Anyone can file a complaint against a judge which can be challenging for her office. The commission is comprised of a seven-member volunteer board of judges, attorneys and non-lawyer residents charged with investigating judicial misconduct.

The commission has two employees — Custer and an assistant — to handle the case load that covers 1,800 sitting judges across the state. The most recent case of the commission removing a sitting judge involved Twiggs County Probate Judge Kenneth Fowler, who was accused of abusing his office on 16 counts, including establishing a higher set of fines for out-of-county residents and insinuating that a female defendant on traffic charges provided sexual favors to a Georgia state trooper.

Custer said those examples of bad behavior are rare on the bench but cause damage to the reputation of all who serve as a judge from traffic court to Superior Court.

Full Article and Source:
Former DA Gives Talk on Ethics

Patient Protection and Affordable Care Act

It took almost 100 years to reform the nation's health care system. But although the campaign for long-term care reforms also seemed endless at times, it took a relatively short three years to enact Nursing Home Transparency and Improvement, seven to pass the Elder Justice Act, and a dozen to create a national program of criminal background checks on long-term care workers. [T]hey all became law when President Obama signed the Patient Protection and Affordable Care Act.

Full Article and Source:
Nursing Home Transparency, Elder Justice Act Swept into Law with Health Care Reform Bill

Monday, March 29, 2010

Ravenscroft Denied Freedom

The courtroom was ablaze in blue suits. Lawyers packed the place along with their bag handlers. A psychiatrist was there and his conservator and a forensic accountant put in an appearance.

There's no telling how much Wednesday's emergency hearing cost Edward Abbott Ravenscroft. I figure at least $3,000 an hour for a hearing that lasted six hours – not counting three or four hours the next day when Ravenscroft's various court-appointed protectors met yet again.

All this to determine how to prevent him from being exploited.

To date, Ravenscroft has no clue how much all this court-ordered protection has cost him. He asked several months ago and says he was told then that they'd already spent over $500,000. He figures the tab is now nearing a million dollars but there's no way to know. Court rules allow those billing Ravenscroft – a cast of thousands, it seems -- to put off disclosing just how much they've collected from him for more than a year.

The 49-year-old Scottsdale millionaire has been under the watchful eye of Maricopa County Probate Court since January 2009 after a series of drug arrests raised questions about his mental health and his vulnerability given the size of his bank account.

No doubt Ravenscoft needed help last year. Now, he's been clean for seven months and he wants to regain control over his life and his bankbook.

The operative word, being his.

Probate court's hold over Ravenscroft was set to expire on Friday which was the reason for Wednesday's emergency hearing.

Sun Valley Group requested the hearing, asking to continue as Ravenscroft's conservator. Attorney Alisa Gray explained that the millionaire's complex finances – and the possibility that he's been exploited by a bank and a real-estate firm -- warrants Sun Valley's continued oversight.

But the driving force behind Wednesday's hearing was the fact that Ravenscroft went out and hired himself an attorney who then filed a federal RICO suit against Sun Valley and several of his former probate protectors. (With the exception of Sun Valley, all of those being sued have withdrawn from his probate case.) The lawsuit was filed despite the fact that he was deemed “incapacitated” by a probate judge and thus shouldn't have been able to sue his protectors without the permission of his protectors.

Full Article and Source:
Probate Court Extends Its Hold Over Scottsdale Millionnaire

See Also:
Scottsdale Millionnaire to be Freed Friday, Maybe

See Also:

Review of Probate Court Ordered

The old lady can speak barely above a whisper but it seems her voice has been heard at the Arizona Supreme Court.

Chief Justice Rebecca White Berch, in her State of the Judiciary speech last week, announced a plan to review how the state's Probate Court is operating and whether vulnerable people are being adequately protected.

In an interview this week, Berch told me the idea has been percolating for a year but that the stories of 88-year-old Marie Long and others have raised additional questions.

"I live in the real world," she said. "I've read your columns. They cause concern, and I just think that any system, it's a good idea to take a look at all of your processes and make sure things are working the way they're supposed to work."

Arizona was one of the first states to begin licensing fiduciaries in 1994 after a scandal involving an attorney and fiduciary who looted the estates of 24 elderly people they were appointed by the court to protect. It's been 16 years since those regulations were adopted and David Byers, director of the Administrative Office of the Courts, says that some courts may have slipped in enforcing safeguards that were put into place.

"Exactly what you're describing was the culture then," he said.

That culture involves a cozy group of fiduciaries and attorneys who work together on case after case and depend upon each other for contracts, making them unlikely to challenge each other's legal bills. The result is that they who are appointed to help vulnerable people also manage to help themselves to a sizable pile of cash unless a judge stops it.

Full Article and Source:
Review of Probate Court Ordered

See Also:
Judge Rules $576K to Probate Attorneys Justified

Sunday, March 28, 2010

Saving Our Parents: Nursing Home Scandals

Solutions to Keep Your Loved Ones Safe and Inspirations for Healthy Aging

Featuring real-life events, Saving our Parents is a startling demonstration of the potential pitfalls facing today's aging adults. Exposing scams and the devious crooks that may have us or our parents in their cross-hairs, this compelling documentary delivers a message that will both empower and motivate.

Professionals, experts and "victims" share life-saving knowledge and inspirational insights with candor, their heartfelt message guiding us, our parents and our loved ones safely into the golden years.



Source:
YouTube - Saving Our Parents - Nursing Home Scandals

Visit Saving Our Parents and purchase a DVD

Ohio Legal Rights Service Comments on Proposed Standards in Governing Attorney Guardians

Legal Rights Service (LRS) submitted comments on proposed standards governing attorney guardians in Franklin County. Probate Judge Eric Brown had asked for the public's opinion on these standards. LRS recommended that the court require a prospective ward be given the opportunity to participate in the written plan identifying his or her personal goals and needs, thus creating a more person-driven plan. LRS also made suggestions to protect the liberty and privacy interests of a prospective ward.

LRS has been closely involved with the development of statewide standards for non-family guardians as part of the Adult Guardianship Subcommittee of the Ohio Supreme Court's Advisory Committee on Children, Families and Courts. Standards, both at the state level and through local standards are necessary to ensure that the rights of individuals are not compromised by professional guardians, many of whom are attorneys.

Read LRS's Comments

Full Article and Source:
LRS Comments on Proposed Attorney Guardian Standards to be Adopted in Franklin County

See Also:
OH Standards of Practice for Attorney Guardians

Victim Sues 2 Charged With Bilking Her

Gary Eisnaugle and Paula Sanders, both charged with bilking an 86-year-old woman out of thousands, are now being sued by the woman.

The Pasco Tribune is withholding the woman's name to protect her. [S}he filed suit against Eisnaugle, Sanders and Eisnaugle's former business, 1st Choice Car Service, in Pasco Circuit Court.

Suntrust Bank and Suntrust Investment Services, Inc. are also named as defendants. The woman is seeking damages in excess of $15,000.

Attorneys for the woman couldn't be reached Friday.

The lawsuit comes two months after Pasco sheriff's investigators arrested Eisnaugle and accused him of taking more than $137,000 from the woman between April and December 2008. The woman suffers from dementia, according to court documents.

Eisnaugle, 38, is charged with exploitation of an elderly person or disabled adult and scheme to defraud. The charges are pending. Authorities said Eisnaugle bought seven cars with the woman's money and charged more than $38,000 on her Walmart credit card.

Sanders, 31, of Port Richey, was arrested in October and now faces a charge of exploitation of an elderly person or disabled adult. Authorities said she took more than $3,400 from the woman, some of which she used to pay her rent.

Full Article and Source:
Elderly Pasco Woman Suing 2 Charged With Bilking Her Out of Money

Saturday, March 27, 2010

Tony Leonard, Famed Photographer, a Ward of the State

In nearly 50 years as an equine photographer, Tony Leonard captured hundreds of Thoroughbreds, including Northern Dancer, Secretariat, Seattle Slew and Barbaro.

But Leonard, 87, and his wife, Adelle Bergantino, 81, are now wards of the state. They were placed, against their wishes, in a nursing home. They have no money and no say over what will happen to his photographic negatives, their home, their belongings.

They are just two of more than 2,835 Kentuckians who are active wards of the state — a last resort for those who can no longer care for themselves. Some are incompetent. Some have no family to care for them or act as guardians. Some have no financial resources.

Tony Leonard is not a typical ward of the state. He is well known and has powerful friends and valuable assets. Nevertheless, his story shows the difficulties involved in the state guardianship process.

"Most people don't understand something like this can happen to anyone," said Matt Goins, a freelance photographer and friend of the couple. "You can work your entire life and have all these great successes, and suddenly someone can knock at the door and it's over. You've lost all control over your life."

Full Article and Source:
Tony Leonard, Famed Photographer, a Ward of the State

The Lawyer Who Just...Disappeared

Allen Schwartz came home early from work one summer day in 2001 and told his wife of 40 years that they needed to talk.

"I'm in trouble," he said. "I'm going to leave."

Schwartz was 71 at the time and had spent almost five decades building a successful Cincinnati law practice. Colleagues considered him a "gentleman lawyer" and his wife, Alice, expected to spend retirement with him in the Clifton home where they raised their three children.

So when Schwartz told his wife she would never see him again, and that he was leaving behind everyone and everything he ever cared about, she couldn't believe he really meant it.

But he did.

She hasn't seen him since. And neither have friends, relatives, neighbors or the prosecutors who later charged him with stealing more than $300,000 from clients.

Schwartz, who will turn 80 this year if he's still alive, remains one of the city's most enduring and unlikely mysteries, a man who was accused of betraying his family and his profession and then, seemingly, vanished into thin air.

Full Article and Source:
The Lawyer Who Just...Disappeared

Former Nursing Home Administrator Charged With Kidnapping

A former administrator at a Berkeley nursing home has been charged with kidnapping an 85-year-old woman with Alzheimer's disease. The victim was allegedly held for a year in the home of the former administrator, who stole her pension and Social Security checks.

Concepcion "Connie" Pinco Giron, 51, of San Pablo stole more than $50,000 from Carnell Williams and five other elderly patients, authorities said.

The other alleged victims are identified in court records as Lottie McDonald, 97; Doris Polk, 77; Marvin Brown, whose age was unavailable; Jeanne Butterfield, 78; and Joseph Bontempo, 79. All lived at the Berkeley convalescent center.

"This is a shocking case of nursing-home abuse and a gross violation of trust," said state Attorney General Jerry Brown.

Giron was arrested Monday. Alameda County prosecutors have charged her with kidnapping to commit another crime, false imprisonment, elder abuse and six counts of theft from elder or dependent adults by a caretaker. She is being held at Santa Rita Jail in Dublin in lieu of $365,000 bail and is to be arraigned Wednesday.

Full Article and Source:
Nursing Home Worker Accused of Bilking Patients

Friday, March 26, 2010

Danny's Diary

Readers, take note. See what the actions of one friend can do. One phone call to the right person. One letter to the governor. One conversation with the right person. You never know who is going to be the one to make a difference. I implore you to continue to write the governor, contact the press that you might know, contact anyone in the legislature, post the link to “Court Ordered Hell” on your FaceBook page, email the link to everyone you know, inform every one you know of this injustice, spread the word any way you can, prepare to demonstrate, organize, demand. This errant law is well entrenched and those that protect its deep, dark secret think they are teflon, protected by those that appointed them, above the law, beyond reproach.

But I say “we the people” are the ones these officials should have to answer to, be accounted by and serve. I am in a fortunate position where my case has been exposed. There are thousands who have no voice to be heard and I fight this battle not only for myself but for them. I fight this battle for the father of my daughters. I fight this battle for the elderly who have been “put away” not to be found or heard from. It’s an ugly secret of our legal system. DO NOT let this court get away with what it has done.

Full Article and Source:
FreeDannyTate.wordpress.com

See Also:
Court Ordered Hell

Danny's Diary

Home Health Care Nurse Charged With Abusing Quadriplegic Patient

A home health care nurse was in court on charges of abusing her quadriplegic patient, according to police.

The male victim told a friend about the abuse, so that friend set up a video camera to catch the nurse in the act. On the very first day of filming, the nurse was caught swearing, yelling and hitting the defenseless patient.

Home health care nurse Tammy Labrecque and her family had nothing to say about her abusive treatment, which was caught on tape, toward the quadriplegic patient.

The 42-year-old would not uncover her face as she walked away from court.

The 63-year-old man spent more than a decade under her care.

Full Article, Video, and Source:
Nurse Accused of Abuse Appears in Court

Guilty of Exploiting Man

Senior Judge Steve Jaeger found a woman accused of marrying an older man to steal his $1 million guilty Tuesday of three counts of knowingly exploiting an adult.

Cathleen Kenter-Nevins faces up to 10 years on each count when Jaeger sentences her April 15 in Boone Circuit Court. Kenter-Nevins, free on bond, declined to speak with a reporter as she left the courthouse.

Boone Commonwealth’s Attorney Linda Tally Smith accused Kenter-Nevins of befriending Danny Nevins four years ago at a riverboat casino in a plot to marry him so she could gain access to $1 million in commercial real estate he owned.

Nevins died in March 2008 at the age of 66 of natural causes.

Smith said at trial that the case was an example of a woman taking advantage of an elderly disabled man who had suffered from mental illnesses his entire life. Before getting married in the back seat of a car in Tennessee, Nevins had been involuntarily committed in a psychiatric hospital, been diagnosed as bipolar and lived with his mother until she died in the 1980s.

Full Article and Source:
Kenter-Nevins Guilty of Exploiting Man

Thursday, March 25, 2010

Scottsdale Millionnaire to be Freed Friday...Maybe

At the stroke of midnight on Friday, Scottsdale millionaire Edward Abbott Ravenscroft is scheduled to be a free man.

If I were Ravenscroft, I wouldn't be planning my liberation celebration just yet.

Ravenscroft has filed a federal racketeering lawsuit against his probate handlers – the ones who last year gained control over his life and his bank account. Now Maricopa County's probate court may use that lawsuit as an excuse to continue its protection of the man and his millions.

A hearing on whether to let him live his own life – and spend his own money as he sees fit – is scheduled for this morning.

“It's all about money,” he told me on Tuesday. “If I didn't have millions, I'd be like anybody else, out there on my own.”

Ravenscroft, 49, is part of the Abbott pharmaceutical family. Court records indicate he's worth $5 million and has an income of $168,000 a year from Abbott stock dividends.

He also has battled drug and mental-health problems, having been arrested several times for drug possession and hospitalized several times for drug overdoses. In early 2009, his probation officer, concerned that he might be victimized due to the size of his bankbook, handed him over the probate court, where fiduciaries and attorneys are appointed to help vulnerable people – and sometimes themselves, as well, when a well-to-do ward comes along.

Ravenscroft has been clean and sober since August. His temporary guardian and conservator were due to bow out last month but at an emergency hearing they asked to continue their oversight of Ravenscroft and his money for another 30 days, “to ensure a successful transition” back to independence.

That transition is set to end on Friday.

Now, in yet another emergency hearing, the Sun Valley Group is asking that it be named his permanent conservator. Sun Valley attorney Alisa Gray told Judge Karen O'Connor last week that there are “sophisticated and complex financial matters,” including questions about whether Ravenscroft is being exploited by a bank, a real estate firm and the attorney who filed the federal lawsuit.

Full Article and Source:
Scottsdale Millionnaire to be Freed Friday....Maybe"

See Also:
Millionnaire Almost Escaped

Not Enough State Guardians in Kentucky

In a scathing audit of the state guardianship program in 2008, State Auditor Crit Luallen found that understaffing in the program put wards of the state at risk.

"The reason this is such a critical issue is that these are often people without a voice," Luallen said recently. "They are among our most vulnerable citizens."

Today, there are 2,835 active wards of the state in Kentucky, with just 38 guardians to oversee all their personal and financial needs. That's roughly one guardian for every 75 wards.

That ratio is "preposterous," said University of Kentucky professor Pamela Teaster, one of the nation's leading researchers on public guardianship. An appropriate ratio would be 20-1, as it is in Virginia, Teaster said. At the very least, Kentucky should cap the number of wards a guardian oversees, as Florida does, at a 40-1 ratio, she said.

Full Article and Source:
Luallen: Not Enough State Guardians

Nurse and PT Teacher Charged With Theft

A nurse and a part-time kindergarten teacher have been charged with the theft of more than $700,000 from a 94-year-old North Side man.

Deborah Johnson, 53, of Columbus, the nurse, and Anita Esquibel, 68, of Columbus, the teacher, are accused by Columbus police of stealing more than $700,000 from Peter Svaldi.
The two met him at an apartment building near Graceland Shopping Center, said Kevin Craine, attorney for Svaldi's newly appointed guardian. The women were the property managers, said the guardian, Lorelei Lanier. The women gained Svaldi's trust, then bought real estate, a car and jewelry with money they took from his accounts after gaining power of attorney, Craine said.

"I think this stuff happens a lot more than anybody knows, through power of attorney," Craine said. "I don't know the circumstances how he gave them power of attorney, but he definitely gave it to them. In the wrong hands, it can become a license to steal.

Svaldi is "definitely incapacitated," Craine said. "That's how this happened. He's aware of what happened, but it took him a while to process that. It's one of the more heinous cases I've seen, and we do a lot of this kind of work, unfortunately."

Full Article and Source:
2 Women Accused in Rip-Off of Senior

Wednesday, March 24, 2010

How Can "Death Panels" Also Be "Life Panels"?

Over and over and over again, we hear how fear mongers and wing-nuts are falsely claiming there are “death panels” where death panels do not exist. Keith Olbermann goes so far as to claim that rather than death panels, there are “life panels.” He just doesn’t seem to get it that not everyone’s experience is like the one he had with his father’s passing, where his father’s wishes were upheld.

We have Terri Schiavo, who was put to death by court order. A case where she, a brained damaged but otherwise healthy individual, was starved and dehydrated to death based upon heavily conflicted testimony. Perhaps the conflict itself should have been taken more seriously, as would have been, if the people fighting for her life had been considered of importance to the right audience.

Olbermann considers starving and dehydrating a healthy person to death to be what “life panels” do?

More recent in the news is the Gary Harvey case.

The so-called ethics committee decided Gary Harvey should be starved and dehydrated to death as well and put it before the court. He was, after all, at death’s door, wasn’t he? The order to put Gary Harvey to death was suddenly pulled after the media picked up on the story. Gary Harvey, who was supposedly at death’s door and needing to be starved and dehydrated to death last summer, is still alive. Looks like someone got something wrong about Gary being unable to survive and ready to die, and needing to be put down, especially by such a hideous method as starving and dehydrating him to death.

The fight for Gary’s life, by his wife, while a system suggests it’s time to kill him off, is Olbermann’s opinion of a “life panel” in motion?

Just how would Olbermann have felt, if he went up against a committee that decided they knew better and was going to disregard his father’s wishes?

Just how would Olbermann have felt, if his dad could have been saved, but the “system” decided otherwise?

Full Article and Source:
Death Panels: To Be Deemed the Most Non-Existent Reality of 2010?

CT Probate Courts are Honorable and Accountable

(Dean Rohrer illustration)

Editorial by Paul J. Knierim, probate court administrator and judge of the Simsbury probate court

Connecticut's probate courts have recently been the object of sharply critical commentary, which unfairly characterizes the probate system and places its judges in a negative light. It is vitally important that the public know that our state's probate courts operate under well-defined rules that safeguard the rights of individuals and ensure that probate cases are decided in a fair and objective manner.

Probate judges are governed by a strict set of ethics rules, known as the Code of Probate Judicial Conduct. The ethics code, which is similar to the rules that apply to Superior Court judges, requires that probate judges disqualify themselves from any case in which their impartiality is in question. It also requires that judges avoid activities outside of their courts that could cause a conflict of interest with their judicial responsibilities. The code of ethics is a public document on our website (jud.ct.gov/probate).

Judges, like anyone else, can make errors. That's why there is a guaranteed right to appeal any probate decision to the Superior Court. A person who disagrees with a probate judge's decision can have another judge — from a different court — review the case. Notably, very few probate matters are appealed. In 2009, only 85 appeals were filed on probate decisions, a small fraction of the nearly 80,000 matters handled by probate judges that year.

Of course, in any organization, there may be people who don't follow the rules. If that happens in the probate courts, we have a system to discipline any judge who violates the ethics code. Complaints about the conduct of a judge may be filed with the Council on Probate Judicial Conduct. Headed by a Superior Court judge, this five-member body follows procedures that parallel the Judicial Review Council, which oversees Superior Court judges.

The Council on Probate Judicial Conduct investigates every complaint it receives. It can publicly admonish or censure a judge. It can even recommend that the General Assembly impeach the judge.

Full Editorial and Source:
Connecticut Probate Courts are Honorable and Accountable

Drug Crackdown Said to Deprive Pain Relief for Seriously Ill

A Senate panel will hear complaints on Wednesday from nursing home operators, doctors, nurses and pharmacists that a Drug Enforcement Administration narcotics crackdown has left seriously ill patients crying for pain relief.

The D.E.A. says it is merely enforcing the law that requires pharmacies to wait for prescriptions that are signed by physicians before dispensing potent painkillers like Vicodin, Percocet and morphine.

But the nursing home groups say the new enforcement rules upend many years of practice in which the government informally allowed nurses to speed the process by taking doctors’ orders orally, or from medical charts, and passing them along to pharmacies, similar to the procedures used in hospitals.

The delays “leave vulnerable, frail patients to struggle through unimaginable pain for hours and even days, while physicians, nurses and pharmacists struggle to collect required D.E.A. paperwork,” the group says in a report to be released on Wednesday to coincide with the hearing.

Full Article and Source:
U.S. Drug Move Said to Deprive Elderly

Tuesday, March 23, 2010

Aint No Sunshine for Rita Denmark

Locked away in a Florida nursing home, completely isolated, and alienated from her children, family, and friends, seventy-nine [79] year old Rita Denmark likely does not even realize she is in "The Sunshine State".

Held against her will and that of her family, Rita has been drugged and is likely still being drugged to "ensure her compliance" and, quell her insistence that she go back home to Pennsylvania where she was born, raised and domiciled her entire life.
 
In August 2007, boarding the bus with a daughter, Rita believed she was going to Florida to visit her son — truth is, the daughter was hastily removing Rita from Pennsylvania to avoid a pending guardianship hearing in the McKean County court.

Weeks after arriving in Florida, Rita fell prey to a "professional guardian" in the State of Florida, and she has not been allowed to return to Pennsylvania since.  

My name is Holly Peffer – Rita Denmark’s other daughter. I fear for my mother’s life. 

For more information and or any details relating to the plight of Rita Denmark, feel free to email me at hlpeffer@yahoo.com.

Source:
NASGA

See Also:
Press Release: Congressman Urges Investigation

Congressman Joe Stestak's Letter in Support of NASGA Member Holly Peffer

Jail Time for Woman in Felony Theft Charge

Calling it one of the crimes that offends him the most, a judge sent a Philadelphia woman to jail for stealing from a 92-year-old Abington woman for whom she worked as a home health aide.

Shamihra Nicole Johnson, 23, was sentenced in Montgomery County Court to two-to-23-months in the county jail, to be followed by three years’ probation, after she pleaded guilty to felony charges of theft by unlawful taking and receiving stolen property in connection with incidents that occurred in May 2009.

President Judge Richard J. Hodgson ordered Johnson to pay $9,000 in restitution to the elderly woman to cover the amount of money that was stolen.

“These are the kind of crimes that offend me the most. The oldest people are helpless and duped because of these crimes,” said Hodgson, adding those elderly who are distrustful of banks and keep their money at home are most at risk of such crimes.

Full Article and Source:
Philly Woman Gets Jail for Ripping Off Woman, 92

Monday, March 22, 2010

Judge Rules $576K to Probate Attorneys Justified

A Superior Court judge has ruled that a phalanx of probate attorneys were justified in collecting $576,000 from an 88-year-old widow the court was (supposed to be) protecting. The judge rubber stamped half of the fees without even holding a hearing into whether they were reasonable.

Pro-tem Judge Lindsay Ellis also signed off on the Sun Valley Group helping itself to more than $417,000 in guardian and companion care fees.

Meanwhile, Supreme Court Chief Justice Rebecca Berch this week announced a new initiative aimed at improving protections for vulnerable people. Among the issues to be addressed: fees charged by court-appointed guardians and fiduciaries.

She could start with the astounding case of Marie Long, an old lady worth $1.3 million when she came under the protection of Maricopa County's probate court in 2005. Today, she's destitute and depends on taxpayers for support.

Which, we are told, is in no way the fault of those who wound up with all of her money.

In a take-no-prisoners 21-page ruling issued Monday, Ellis described the fees that put Marie Long into the poorhouse as “reasonable, necessary and for the benefit of the ward.” She blamed Marie's court-appointed attorney Jon Kitchel along with Dan Raynak and Pat Gitre, attorneys for Marie's sisters, for driving up costs, saying their “venomous” and “hateful” attacks on the trustee, the guardian and their attorneys forced the other side to defend themselves.

With Marie's money, of course.

The opinion was lauded by Sun Valley Group, which withdrew as Marie's guardian when her money ran out in November. Says Sun Valley's CEO, Peter Frenette: “I am grateful for the court's decision as it finds ‘there is no legitimate dispute about SVG or its performance of its duties as guardian for Long.' The court confirmed that this has been an unfair attack not just on SVG but also the guardianship process.”

Full Article and Source:
Judge: Probate Attorneys Were Justified in Taking $576,000 From Old Lady

See Also:
Read the 21-Page Ruling

Three Racketeering Lawsuits Filed

Illinois Nursing Home Legislation

A group of elder advocate groups brought together by the AARP joined in Springfield to announce nursing home legislation that will reform the way nursing homes operate in Illinois. Senate Bill 685 was introduced by Heather Steans and Jacqueline Collins, both Democrats from Chicago.

As been highlighted recently in the media, nursing home residents in Illinois have been victims of nursing home failures. Nursing home patients have been the victims of physical, mental and sexual abuse. They have been given the wrong diagnosis or wrong medications all at the hands of nursing home employees. This bill will go way beyond what has recently been proposed in the Governor’s task force.

Full Article and Source:
New Nursing Home Litigation Looks to Reform Illinois

Feds Indict Couple Again in Theft, Sale of Patients' Data

Last year, they were charged with running a racket to pilfer patient records from Jackson Memorial Hospital to sell to lawyers for personal-injury claims.

Now Ruben E. Rodriguez and wife Maria Victoria Suarez have been indicted again for paying an ambulance-company employee to steal information on patients transported to Miami-Dade hospitals and healthcare clinics. That theft scheme dates all the way back to 1995, according to an indictment filed last week.

In both federal cases, the Coral Gables couple are accused of brokering the stolen computer records of patients' names, addresses, telephone numbers and medical diagnoses to several attorneys in exchange for kickback payments. The lawyers paid them hundreds of thousands of dollars for the referrals after settling injury claims, authorities say.

Among the suspected personal-injury lawyers: G. Walter Araujo. The Hialeah lawyer has not been charged in the federal prosecution, but this past week the Florida Bar confirmed it was investigating him for potential ethics violations in connection with the first federal case involving the theft of JMH patient records

Full Article and Source:
Feds Indict Couple Again in Theft, Sale of Patients' Data

Sunday, March 21, 2010

Problems Accompany Legal Euthanasia

Assisted suicide has been legal for a year in Washington, and the state health department has issued its first report.

During the first year, 63 people requested and received lethal prescriptions to kill themselves. 47 have since died, while 36 are confirmed to have used the poison to accomplish it. Although 79 percent suffered from cancer, few cited pain as the reason for seeking end of life treatment as the main concern was the cost for alternate treatment.

"What is and has been the reality of this [is] that when you transform assisted suicide into a medical treatment, it makes it just like every other medical treatment, except it's lots cheaper. And people begin to see it as a benefit for the family," comments Rita Marker, attorney and president of the International Task Force on Euthanasia and Assisted Suicide (ITF).

Many of the patients had insurance, but Marker says that means nothing. It does, however, serve as a reminder of an Oregon cancer victim whose treatment was rejected by her insurance. She was told, though, that they would cover her drugs for assisted suicide. The report shows there are too many unknowns, and the possibility of murder is an example.

Full Article and Source:
Problems Accompany Legal Euthanasia

See Also:
One Year Anniversary of Legalized Suicide

Attorney Charged With Felony Theft

A Knoxville attorney already under suspension for misappropriating clients' funds in the early 2000s now faces a criminal charge in connection with a new set of similar claims.

John O. Threadgill, a veteran civil attorney who long was active in both the Knoxville Bar Association and the Tennessee Bar Association, was arrested Monday on a sealed presentment charging him with felony theft over $60,000.

John Gill, special counsel to Knox County District Attorney General Randy Nichols, said Tuesday the charge involves allegations of misappropriation of clients' funds. The case is believed to stem from Threadgill's handling of client funds in 2008.

The theft case was probed by Knox County Sheriff's Office Detective Mike Freels and presented to a Knox County grand jury by Assistant District Attorney General Steve Garrett.

In an opinion released in September and penned by Tennessee Supreme Court Justice Cornelia A. Clark, the high court upheld the one-year suspension of Threadgill's law license issued by the Board of Professional Responsibility, which polices attorneys.

In that opinion, the court addressed three different clients who, in 2003 and 2004, were shorted money by Threadgill, deeming at least one of those incidents as rising to the level of "criminal conduct." The court also noted that Threadgill had been similarly accused in 1994.

Full Article and Source:
Knox Attorney Charged With Felony Theft

Lawyer Pleads Not Guilty to Fraud

Local attorney William C. Chesbrough pleaded not guilty to criminal charges he bilked clients out more than $140,000 between 2007 and 2009.

Chesbrough, 57, was charged in December with three felonies, including two counts of felony theft and one count of financial exploitation of an elderly person.

Prosecutors allege that he failed to return more than $120,000 at the end of a three-year probate filing to a 69-year-old Hampshire woman who had hired him to help her with an estate. He also is accused of failing to return about $20,000 he held in an escrow-type account for a West Dundee family.

Chesbrough, who declined to comment as he left the courtroom of Kane County Associate Judge T. Jordan Gallagher, could face up to 15 years in prison if convicted of the most serious charges.

Full Article and Source:
Local Attorney Pleads Not Guilty to Fraud

Saturday, March 20, 2010

Elder Exploitation Charges Dropped; Heartache Continues

A judge dismissed charges of elder exploitation against Mary Byrd of Salisbury last month, but she says her heartache is far from over.

At issue: Does she have any right to see former housemate Horace Billings and live in his house, or should she accept his son's intention to cut all ties?

"This here has just about got me," says Mary. She wants to care for Horace and "give him some quality of life again," she says.

His son and only child, Bill Billings of Charlotte, sees the situation very differently.

"I'm just trying to protect my father," Bill says.

Mary thought she had a companion — and a home — for life.

Horace said as much, according to his brother, C.G. Billings of Winston-Salem. He recalls Horace introducing him to Mary about 10 years ago. Horace said Mary was going to take care of him and he was going to take care of her, C.G. says — and that if all that worked out, he wanted her to have his house.

But Horace's plan unraveled after he suffered a stroke last May.

"He was in the bedroom and I was in the hall," Mary says. She heard him fall. She got him into the car and took him to Rowan Regional Medical Center.

She called Bill, "because I thought that's what I should do," she says.

"He's my dad," Bill said. "I'm going to take care of him. He is very well cared for. He is in an excellent situation."

Mary took leave from Food Lion to care for Horace, staying by his side much of the time he was in the hospital and later when he moved to a nursing home.

The stroke affected Horace's left arm, and he cannot write. At his suggestion, Mary says, she signed his name to several checks to pay bills, have her car fixed, buy a television, get the yard mowed, pay taxes and, as a doctor suggested, make the bathroom in his house handicapped accessible so he could go home.

Bill decided to place his father in a Charlotte nursing home. With a series of shaky X's on a document, Horace had given his son power of attorney — complete say over his medical and business affairs.

"Bill called me the day before and said, 'We're going to take him to Charlotte,' " Mary says. "He told me to get his papers and clothes together."

Mary left the house so she would not be there when Bill came by. And she went to the nursing home and watched from afar as Horace was helped into a car and driven away.

"And he was gone."

Bill told Mary she would have to move out. He put Horace's house up for sale and sold the car and furniture.

And, after he looked through his father's papers, Bill and his wife, Lesley, had Mary charged with exploitation of the elderly for writing $9,900 worth checks on Horace's account over several months.

With David Bingham as her attorney, Mary went to court on Feb. 3 with Horace's siblings and some friends there for support.

When Bill testified, he had to reveal where his father was — Brighton Gardens in Charlotte.

Mary went to visit Horace almost immediately after the hearing. When she was asked at the home if she was a relative, she said yes and gave a false name — Emily Billings.

Horace appeared to be asleep when she walked into his room.

According to Mary, he opened his eyes and said, "There's my sweetheart."

Within minutes, security guards escorted Mary out of the building. Bill has left instructions that no one is to see his father unless he is present or gives his approval, not even Horace's siblings.

Mary has gotten in to see Horace briefly one or two times more, against Bill's wishes. And she says she's not giving up.

She's been cleared of the charges brought against her, but she has not gotten her old life back.

Full Article and Source
Charges Dropped; Heartache Continues

Probate Lawyer Charged With Embezzlement

Authorities arrested a 67-year-old probate lawyeron charges he embezzled more than $500,000 from the estates of four clients.

The Los Angeles County District Attorney's Office said Oscar Cruz Parra was arrested at his San Dimas home, four days after prosecutors charged him with embezzlement, perjury and preparing false evidence.

Prosecutors allege Parra, whose office is on Lake Avenue in Pasadena, began embezzling from the accounts of estates he represented in December 2000. They say he then filed false court papers regarding the money in the client accounts.

The State Bar of California suspended Parra's law license on Feb. 21.

Full Article and Source:
Pasadena Lawyer Arrested on Charges of Embezzling from Clients

Manhattan Judge Fighting in Campaign Fraud Case

A Manhattan judge is at the defendant's table today, as jury selection begins in her campaign fraud case.

Testimony is expected to begin as soon as tomorrow.

Surrogate Court Judge Nora Anderson is charged with sneaking $250,000 in illegal contributions into her 2008 primary campaign coffers.

"I will tell you this," Anderson said, when reached on the eve of jury selection yesterday. "These were forms which show who contributed what -- how much to my campaign. The ethical rules forbade me to see those forms," she said.

"I did not see them. I did not sign them. I did not file them. I have no idea what they say. Intent is always an element of a crime -- and the people have to prove intent."

Full Article and Source:
Manhattan Judge Fighting Back in Contribution Fraud Case

Friday, March 19, 2010

Danny's Diary

I received notification for the 2010 United States Census. It gave me pause. Having been stripped of every Constitutional right afforded an American citizen, even criminals, including the right to contract (virtually the right to sign my name), I realize I will probably need to contact my attorney to see if I’m eligible to proclaim myself a U.S. citizen any longer. The “life, liberty and pursuit of happiness” were all taken away. That was revealed in court documents posted by Marcos.

What does that leave me with? For those that have observed my case, this web site and my written words, I can only try to describe the dehumanizing effect that an abusive conservatorship brings to one’s life, the intentional and unconscionable ruin an errant probate court and its officers thrust upon you with the stroke of a pen, the voice they attempt to deprive you of, deprivation of every fundamental right any human should share in, the calculated lie perpetrated and the shadowy corridors of misused law the culprits hide within.

I’ve been asked to cut my hair, shave my beard, dress like a normal man, watch what I say, change what I do, be careful who you talk to, rethink your position, and accept what is false. Then I remind myself, if I walked into a room where a fellow songwriter was expecting me and I wore a black robe to this meeting, most likely they would laugh and remind me that Halloween is only once a year and ask me what I smoked (or sniffed) before I showed up. And, furthermore, if I demanded that my fellow songwriter address me with some high and mighty moniker and require him to accept any foolish notion I saw fit to pen in order for us to achieve what I deemed a hit song, it would be their last time to share a room with me much less a collaborative effort. This arrogant pretense would be enough to have me laughed out of the business.

But if I walked into this same room as myself, referred to my collaborator by his name and presented ideas that were reasonable to achieve a collaborative effort, we would both be compelled to strive for excellence knowing that only something true would ever resonate with the public.

Yet, not the case in those shadowy corridors we call the legal system. They have been taken over by compromised souls that bargain in secret behind closed doors, leveraging lives in pursuit of the next case, buying compromise via appointment, considering their political future at the expense of the citizen.

The honorable men of the law are rare because the system does not tolerate them, in fact, they systematically squash them. I do not envy the attorney who seeks to navigate this system honorably. But I have witnessed the power of one who does-armed with knowledge and character, truth is the mightiest weapon in the room. And it is awe inspiring to behold. But, am I even a citizen who has the right to determine? I’m not sure. But I am a human being…and as long as there is breath in me I will make my voice heard.

Source:
FreeDannyTate.wordpress.com

Thursday, March 18, 2010

Rothstein Lawyers, Accountants Seek Big Fees

Attorneys and accountants for the court trustee in the messy bankruptcy of Ponzi schemer Scott Rothstein's collapsed law firm have asked a judge to authorize nearly $2.2 million in fees for less than three months' work.

More than $1.2 million of the fees were billed by Berger Singerman, a South Florida law firm.

"It is a significant amount of money, and there will be significant legal fees that will continue to accrue. There is a massive amount of work," said firm partner and bankruptcy expert Paul Singerman.

Others that asked for large initial fees in the case last week: Miami accounting firm Berkowitz Dick Pollack & Brant ($611,640) and Miami law firm Genovese Joblove & Battista ($324,805).

Each of the firms has agreed to accept much less now than they claim they are owed — 65 percent less in Berger Singerman's case — because there's not enough money in the bankruptcy estate of Rothstein Rosenfeldt Adler. If their requests are approved, they would be entitled to receive that money later if funds are recovered.

Full Article and Source:
Lawyers, Accountants Seek Big Fees in Rothstein Bankruptcy

Elderly Patients Over-Treated With Pharmaceuticals?

Researchers from the Cochrane Collaboration research group have determined that seniors over the age of 80 are being given too many drugs and in too high of doses. Particularly with high blood pressure, doctors are too aggressively treating the elderly with pharmaceuticals which is doing them more harm than good.

According to the U.S. Centers for Disease Control and Prevention (CDC), nearly a quarter of all Americans between 20 and 75 have hypertension while roughly 70 percent of those over 75 have it.

Full Article and Source:
Elderly Patients Agressively Over-Treated With Pharmaceuticals

Britney Spears' Conservatorship Set to End?

A court review of Britney Spears' conservatorship scheduled for 1:30 PM Monday, March 15, was delayed to give the parties involved more preparatory time.

According to TMZ, Britney's father, Jaime Spears, who was appointed conservator of her personal and financial affairs along with attorney Andrew Wallet on February 1, 2008, feels there is no need to continue the conservatorship now.

The conservatorship could end by the middle of this year, though no firm date has been fixed, reports TMZ.

Full Article and Source:
Britney Spears' Conservatorship Set to End: Report

See Also:
Sealing Britney Spears' Records?!

Wednesday, March 17, 2010

6th Annual 'Call to Action' Conference

Philip Marshall’s quest to protect his famous and wealthy grandmother Brooke Astor from devastating financial abuse put a national spotlight on a problem that a recent MetLife study, Broken Trust, found costs American seniors $2.6 billion annually.

Marshall will share his story in the keynote address at the Elder Financial Protection Network’s (EFPN) 6th annual Call to Action conference and awards ceremony on March 25, 2010 in San Francisco.

This year’s meeting comes at a time not only of increased attention to the problem of elder financial abuse, thanks to the media coverage of the Astor case, but also one of increased risk of financial abuse of seniors because of the current economic downturn. These factors combined with the progress being made toward passing a national Elder Justice Act, could make this year a watershed moment for the problem of elder financial abuse.

Marshall will join 10 other speakers at this year’s event, which will bring together experts and community advocates from across the country for a day-long learning experience on the growing crime of elder financial abuse. Several hundred representatives of financial institutions, law enforcement, elder justice advocates and the legal community are expected to attend the event.

Full Article and Source:
6th Annual Call to Action Event to Spotlight Prominent Elder Abuse Case of Brooke Astor

Another Pennsylvania County Being Probed for Public Corruption

The U.S. Attorney's Office will hold a press conference Tuesday afternoon at 2pm to discuss the latest on a public corruption probe in Lackawanna County.

There is no further information on what will be announced. There have been recent news reports that the feds were investigating former Lackawanna County Commissioner Robert Cordaro, and have questioned current commissioner A.J. Munchak.

The press conference will be held at the Federal Courthouse in Scranton.

Full Article and Souce:
Feds Schedule Press Conference in Lack. Co. Corruption Probe

Ex-Caretaker Found Guilty of Theft

A jury found a former caretaker guilty of two counts of felony theft from a 97-year-old Colorado Springs woman with dementia.

The seven-man, five-woman jury took about eight hours over two days to find Timothy Fogle guilty of stealing from Georgia Louise Hare in the summer before her death on Oct. 2, 2007. The jurors also found that Hare was an at-risk person and that Fogle, her head caretaker, had been in a position of trust.

Fogle, 43, faces a possible four to 16 years in prison when he is sentenced by 4th Judicial District Judge David Shakes on May 13. Prosecutors said this is Fogle's first criminal conviction so time in community corrections also is an option.

The verdict capped a two-week trial in which prosecutors portrayed Fogle as someone who once boasted he could convince Hare to “sign anything.”

Full Article and Source:
Jury Convicts Ex-Caretaker of Theft From Woman With Dementia

Tuesday, March 16, 2010

J&J Pushed Risperdal for Elderly After Warning

Johnson & Johnson made plans to reach $302 million in geriatric sales for its antipsychotic Risperdal just months after federal regulators said the company falsely claimed the drug was safe and effective with the elderly, according to internal documents.

The U.S. Food and Drug Administration told J&J in 1999 that its marketing materials for geriatric patients overstated Risperdal’s benefits and minimized risks. A J&J business plan for the next year called for increasing the drug’s market share for elderly dementia sales, an unapproved use, according to newly unsealed documents in a lawsuit by the state of Louisiana.

“The geriatric market represents Risperdal’s second wave of growth,” J&J officials wrote in the business plan. “The aging population will continue to drive market growth well into the next century.”

Louisiana officials cited the document and dozens of other internal J&J files in its lawsuit claiming the company marketed Risperdal to the elderly and children for unapproved uses. Professor Jerry Avorn of Harvard Medical School, who isn’t involved in the case, called the papers “one of the more egregious examples” of marketing drugs to vulnerable patients.

Full Article and Source:
J&J Pushed Risperdal for Elderly After U.S. Warning, Files Show

Farash Litigation Resumes

Nearly two weeks after the death of Rochester real estate tycoon Max M. Farash, the mourning period has ended and the litigation period has resumed.

In recent days, new lawyers have joined the case, requests have been made to delay some proceedings and other requests made to move those proceedings to a new judge. Behind the scenes, legal work needed to transfer almost all of Farash's wealth to his family foundation has begun.

And Farash's grand-nephew, Matthew Aroesty, is scheduled to be arraigned today on a felony charge that he misappropriated thousands of dollars from his great-uncle's company.

Farash, who was 95 when he died in a nursing home on Feb. 28, built a fortune worth an estimated $400 million. He had been declared mentally incapacitated three years earlier, and his business affairs managed by a court-appointed guardian, James C. Gocker.

The guardianship ended when Farash died, but Gocker now is trustee of a trust that will manage Farash's assets.

He said he was handling "all the issues you deal with when someone passes away," though his principal task was determining "how best to make this transition to the foundation so the highest value is actually transferred to the foundation. That is a not-uncomplicated matter."

If estimates of the size of Farash's fortune are accurate, it likely would become the largest charitable foundation in the Rochester area, making millions of dollars of gifts annually.

Full Article and Source:
Litigation Resumes in Dealings With Fortune of Late Max Farash

Judge Apologizes

Judge Jennifer Evans-Koethe apologized to La Porte County residents in press release and said she looks forward to resuming her duties after her court-ordered 60-day suspension.

The Indiana Supreme Court on Thursday accepted an agreement between Evans-Koethe and the Indiana Judicial Qualifications Commission and suspended the beleaguered judge for 60 days for misconduct and stipulated other provisions as well.

“I am truly sorry for those actions and apologize to the citizens of La Porte County for any conduct of mine that has not promoted the public’s confidence in the judiciary,” Evans-Koethe said in the statement.

Evans-Koethe’s troubles began in December 2008, shortly before she was to be sworn in as judge.

After a night of drinking, Evans-Koethe and her husband, Stephan Koethe, got into an argument.

She said she accidently shot herself after retrieving a gun to make her husband think she was contemplating suicide.

Later, at the hospital, she told an officials with La Porte County Sheriff’s Department that she had written a note to her husband and asked him to dispose of it because is was embarrassing.

Although a grand jury indicted her for attempted obstruction of justice, she was acquitted by a jury in January.

Full Article and Source:
Judge Apologizes

See Also:
Indicted County Judge Still Paid Salary

Monday, March 15, 2010

NASGA Press Release

PRESS RELEASE
For immediate release

March 15, 2010

For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org

______________________________________________

NASGA's Open Letter to Congress and the White House
______________________________________________

NASGA's "indictment" of the unlawful and abusive guardianship / conservatorship system (as presently practiced in state courts across the country), has been mailed to select members of the Senate, House, White House and other VIP’s, and is now available online at www.AnOpenLetterToCongress.info.

The original “protect” and “conserve” intent of guardianship/conservatorship law is no longer being complied with. Wards' estates, instead of being conserved, are being plundered in the guise of legal-fee billings for "services" not necessarily legal in nature, or simply through obscene overbilling. More and more fiduciaries, in our present economy, are engaging in stealing from their wards.

The shocker in NASGA’s "indictment" is the fact that after estate assets are fully dissipated, every tax-paying American citizen becomes obligated to pick up the Medicaid tab for the remainder of the life of vulnerable wards, pauperized by guardianship proceedings. The American taxpayer is supposed to be protected under guardianship law, the purpose of which is to prevent a vulnerable individual from becoming a "public charge," but the irony of growing misuse/misapplication of the law makes the American taxpayer an unwary and unwitting fellow victim.

NASGA is hopeful that after many years of discussion among professional organizations - Congressional Committees, and even the federal General Accounting Office - about guardianship problems, the time has come when something meaningful will be done to protect vulnerable individuals from unlawful state-court proceedings and resultant abuse.

See:
AnOpenLetterToCongress.info

Courthouse Witness Unloads on Seidlin

A key witness in the Larry Seidlin civil suit is a courthouse attorney who once worked closely with the judge. I spoke with the attorney today on the condition I wouldn't name him or her and got an earful.

​The attorney told me that Seidlin often spoke about Barbara Kasler, the elderly widow in his building whom he persuaded to hand over more than a half-million dollars in cash and assets, according to the suit. Only the lawyer, who no longer works in the courthouse, said Seidlin never referred to her by name.

"He always called her the 'old lady,'" said the source. "He told me, 'I met an old lady in my building. She's out of her mind, but she's loaded.'"

Full Article and Source:
Courthouse Witness Unloads on Judge Larry Seidlin

See Also:
Kasler Vs. Seidlin

Sunday, March 14, 2010

U.S. House of Reps Impeaches Judge

The House of Representatives unanimously approved the four articles of impeachment against New Orleans Federal Judge Thomas Porteous.

The first article, approved by a vote of 412-0, found the judge had engaged in misconduct by not disclosing his relationship with a lawyer in a federal case involving a Jefferson Parish hospital.

The three subsequent articles were approved by votes of 410-0, 416-0 and 423-0.

He is the 15th judge found to have committed "high crimes and misdemeanors," the Constitution's criteria for impeachment and the second such vote in the last 20 years.

"Our investigation found that Judge Porteous participated in a pattern of corrupt conduct for years," said Rep. Adam Schiff, D-Calif., the chair of a House Task force that reviewed the accusations against Porteous.

"Litigants have the right to expect a judge hearing their case will be fair and impartial, and avoid even the appearance of impropriety," Schiff continued. "Regrettably, no one can have that expectation in Judge Porteous' courtroom. We hope the Senate will schedule the trial expeditiously, so that we may prove our case and remove him from office."

Full Article and Source:
Judge Thomas Porteous Impeached by U.S. House of Representatives

Woman Charged With Abusing Elderly Mother

A Goshen woman is facing charges for abusing her elderly mother and stealing almost $400,000 from her.

A police affidavit shows Norma Brook took her mother to a Payson care center after the court ordered her to give up guardianship of the woman. But Brook left her there without clothing or medications, saying her mother didn't have money to buy anything.

A nurse called police after finding bedsores and bruising on the elderly woman's legs and feet.

Brook was booked into the Utah County Jail for aggravated abuse and exploitation of a vulnerable adult.

Full Article and Source:
Woman Jailed for Abusing Elderly Mother

Ex-Bank Manager Accused of Bilking Elderly

A former San Jose bank manager has been arrested for allegedly embezzling more than $900,000, primarily from elderly clients.

John Tran, 37, was charged Thursday with crimes including fraud and forgery as a result of a two-month investigation by the financial crimes division of the San Jose Police Department.

Investigators believe Tran victimized customers of the Wells Fargo Bank on Lincoln Avenue in San Jose, where he used to be a manager.

The alleged thefts continued even after Tran left the bank in February 2009, police said. He would visit people at their homes, talk them into making investments and then steer their cashier checks his way, investigators said.

Full Article and Source:
Ex Bank Manager Accused of Bilking People

Saturday, March 13, 2010

Former Public Guardian Rita Hunter Lawsuits Update

Court rulings will come later after Judge Michael Dawson on Tuesday heard a raft of motions in lawsuits involving Rita Hunter, former Jasper County public administrator.

Dawson, of Osceola, has been assigned to hear a number of the cases in Jasper County Circuit Court naming Hunter in her former role as a guardian of county residents who are unable to care for themselves.

Tuesday’s hearings focused primarily on actions that led to Emma France, an elderly Carthage woman, being made a ward of the administrator’s office in May 2007, and the expenditure of money from France’s estate.

Jasper County Probate Judge David Mouton later voided rulings that had made France a ward, citing missteps including France not being allowed to attend the hearing and relatives not being notified of the session, both requirements of state law.

France is suing McKinney, contending that the attorney did not represent her wishes in the hearing that led to her being named a county ward. Mitchell on Tuesday argued that McKinney acted properly as a court-appointed guardian, and that such guardians are immune from lawsuits. He said McKinney had spoken before the hearing with France, “who was not interested in having this ‘kid’ represent her.”

“She (McKinney) told the court she (France) wanted to be there, but she didn’t think it was in her interest,” Mitchell said. “She acted based on the doctor’s certificate and all the available information. Guardians are supposed to be an independent voice. They’re not there to do whatever the ward says, and they must have the right to report to the court without fear of being sued.”

Full Article and Source:
Court Hears Arguments, Motions in Hunter Suits

See Also:
Rita Hunter's Attorney Fees Appealed

Agency Named Woman's Guardian

Guardianship of a 96-year-old woman removed from the home where police and humane officials found nearly 200 animals in conditions described as deplorable has been given to a Trumbull County agency that specializes in providing those services.

On Monday, Probate Court Judge Thomas Swift appointed Guardianship and Protective Services guardian over the person and estate of Helen DiMarsico, removed from the Gustavus home of her daughter, Kathy Witzman, for evaluation and medical treatment.

The hearings examine the need for a guardian, competency and who should serve as guardian.

Joshua Garris, agency attorney, said the agency will oversee DiMarsico's estate, and social workers there will oversee her medical and personal decisions for an indefinite length of time.

Returning care back to DiMarsico would need court action.

At Monday's hearing, done via Web conference, interim guardian and licensed social worker, Alvin J. Weisberg, testified that DiMarsico has moments of lucidity and confusion and that she worries over her daughter's situation, but has shown no desire to return to the house with Witzman.

He said she suffers from cardiovascular and degenerative joint disease as well as hypertension and dimentia. Guardianship, Weisberg said, would be ''well advised, at least for an indefinite period of time."

Full Article and Source:
Agency Named Woman's Guardian

Ex-Lawyer Pleads Guilty to Stealing From Clients

Facing a trial in which prosecutors vowed to show that her clients' money paid for steak dinners, happy hours and resort vacations, disbarred attorney Jessica Miller avoided the spectacle and pleaded guilty to grand theft charges that could send her to prison.

The plea, which came with no sentencing deal with prosecutors, capped a three-year legal scandal that began with complaints from clients of her Port Richey law firm who said she took their money but did no work. In August 2007, after missing three months of guardianship hearings, she went to jail for 43 days for contempt of court.

The Florida Bar investigated and ultimately kicked her out.

Then came the criminal charges.

Miller, 32, pleaded guilty Friday to two counts of second-degree grand theft and two counts of third-degree grand theft. She is accused of taking about $3,900 for legal services she never provided, as well as funneling some $65,000 from the trust funds of two divorce clients into her firm's operating account.

The day she learns her fate is April 6, when she will be sentenced by Circuit Judge Michael Andrews.

Full Article and Source:
Pasco: Ex-Attorney Pleads Guilty to Stealing From Clients

7 1/2 Years and Resitution For Bilking Elderly Man

A Hagerstown man has been given 7 1/2 years in prison for bilking an elderly Boonsboro man out of more than a quarter-million dollars.

Forty-year-old Daniel Meldron was sentenced for obtaining the property of a vulnerable adult with dementia. The victim had given Meldron power of attorney.

Meldron also must make restitution of about $279,00 he drained from one of the victim's accounts.

Full Article and Source:
Western MD Man Gets 7 1/2 Years for Bilking Elderly

Friday, March 12, 2010

What Nerve! Conservator's Attorney Bills Estate for Reading Victim's Blog?

Are Veterans Being Given Deadly Cocktails to Treat PTSD?

Sgt. Eric Layne's death was not pretty. A few months after starting a drug regimen combining the antidepressant Paxil, the mood stabilizer Klonopin and a controversial anti-psychotic drug manufactured by pharmaceutical giant AstraZeneca, Seroquel, the Iraq war veteran was "suffering from incontinence, severe depression [and] continuous headaches," according to his widow, Janette Layne.

Soon he had tremors. " … [H]is breathing was labored [and] he had developed sleep apnea," Layne said.

Janette Layne, who served in the National Guard during Operation Iraqi Freedom along with her husband, told the story of his decline last year, at official FDA hearings on new approvals for Seroquel. On the last day of his life, she testified, Eric stayed in the bathroom nearly all night battling acute urinary retention (an inability to urinate). He died while his family slept.

Full Article and Source:
Are Veterans Being Given Deadly Cocktails to Treat PTSD?

See Also:
NASGA: Veterans Beware!

Nursing Home Drug Use Puts Many at Risk

Nearly 2,500 nursing home residents in Massachusetts were given powerful antipsychotic drugs last year that were not intended or recommended for their medical condition, a practice that is more common here than in most other states, according to a Globe analysis of federal data.

Data collected by the federal Centers for Medicare and Medicaid Services show that 28 percent of Massachusetts nursing home residents were given antipsychotics in 2009. Of that group, 22 percent - or 2,483 - did not have a medical condition that calls for such treatment.

That rate was the 12th highest in the nation, according to the federal data.

The use of such drugs is especially worrisome in nursing homes because a substantial number of residents suffer from dementia, a condition that puts them at greater risk of death when given antipsychotic medications.

The drugs, also known as “‘psychotropics,’’ were developed to treat people with severe mental illnesses such as schizophrenia, not dementia, which is the progressive loss of memory or other intellectual function than can result from aging or Alzheimer’s disease.

Twice in the past five years, federal regulators have issued nationwide alerts about troubling and sometimes fatal side effects when antipsychotics are taken by people with dementia, including increased confusion, sedation, and weight gain.

Full Article and Source:
Nursing Home Drug Use Puts Many at Risk

PA Judicial Conduct Board Admits Never Investigating Complaints Against Judge Michael T. Conahan

A state conduct board has conceded that it never investigated any of the complaints made against a disgraced former Luzerne County Court judge accused of taking kickbacks to place juveniles in for-profit detention centers.

The Pennsylvania Judicial Conduct Board said it received four complaints about former Luzerne County Judge Michael T. Conahan in 2004, 2006, and 2008, but failed to conduct interviews or review any documents related to the complaints.

Full Article and Source:
Board Says It Didn't Probe Complaints About Judge

Thursday, March 11, 2010

Mother Held Prisoner by Court-Appointed Guardian

There are many things we are deeply fearful of. The death of a child is one. Being imprisoned for something we’re not guilty of is another. Losing any loved one that you can’t imagine living without is another. Unless you’ve experienced such wretched circumstances, it’s hard to imagine what it might feel like.

Growing old and not being able to care for yourself is another common fear. Large families may wonder how anyone could die alone, unprotected and uncared for. In the USA, unless you have the means to take care of yourself, you’re subjected to laws and an underground of political corruption that literally and unbelievably forces senior citizens to die. Here is just one true story.

Maggie Was a Loving Mother and Grandmother
Maggie Grover is an American 76 year old nursing home patient who is fed baby food and is usually dehydrated. Everything she owns and loved has been taken away. She was assigned a bed and some pills.

Maggie is well enough to try and fight for her right to life. She is worried at the burden this [guardianship] has created for her children. At each attempt to rescue their mother, the Guardian, in retaliation, has threatened to ban the family from visiting their mother in the nursing home, move Maggie out of state or put her into an even less desirable nursing home. In other words, the Guardian is emotionally black mailing the family.

{U}nless a situation such as Maggie’s story happens in your family, you’ll likely believe it doesn’t happen or can’t happen where you live. Research “Guardian Abuse”, “Grannynapping” (kidnapping or when families try to rescue someone), Medicaid fraud, (Maggie’s Guardian has 3 houses and several kids in college. Remember, he takes all his “Ward’s” monies) and exploitation of the elderly.

Full Article and Source:
Mother Held Prisoner by Court-Appointed Guardian

Kasler Vs. Seidlin

A wealthy, elderly widow is suing her neighbors, former Broward Circuit Judge Larry Seidlin and his wife, but doesn't seem to know why, according to a deposition transcript.

Barbara Kasler, 84, said under oath Feb. 15 that she liked the Seidlins, gave them gifts and could not remember what they did wrong to her.

A lawsuit filed in Kasler's name says the woman, whose wealth has been estimated at $5 million, is accusing Seidlin of siphoning off her money and trying to hijack her estate upon her death.

State investigators have twice cleared Seidlin, 59, of exploiting Kasler.

"There's nothing alleged in this lawsuit that has not already been fully investigated," one of Seidlin's attorneys, Theo Kypreos, said Friday. "Using Barbara Kasler's own words … they were 'like family.' "

The lawsuit alleges Seidlin feigned friendship with Kasler, who lives in the same Fort Lauderdale condo as the onetime judge and his family, and fleeced her of hundreds of thousands in checks, credit card purchases and the sale of her property.

Full Article and Source:
Elderly Widow Suing 'Judge Larry' Can't Recall How Broward Judge Wronged Her

See Also:
Carmel on the Case: Seidlin Lawsuit