Attorney Blunder or Attorney Incompetence?

Source:
freedannytate.wordpress.com

Missing Aunt Helen

On March 3, 2001, my Aunt Helen Fabis, 87, was taken by ambulance to the Critical Care Unit of Memorial Community Hospital, Edgerton, profoundly confused, malnourished and in critical condition, and suffering form the effects of Carbon Monoxide poisoning.

On March 8, 2001, Kathleen Simane, Aunt Helen's grandniece, was appointed her Temporary Guardian. In less than 54 days of Simane's tenure, Simane spent all of Aunt Helen's life savings (bank accounts, SS checks, proceeds from sale of stocks, cash), in excess of $75,000.

My Aunt died a pauper in a nursing home on April 30, 2001. Impoverished by Simane, Aunt Helen was waiting to apply for Medicaid and public assistance.

Simane used Aunt Helen's money for her personal extravagances: breast enlargement procedures, a brand new, fully loaded 2001 Chevy Suburban, her rent and utilities, training, food and supplies for her dogs. She left Aunt Helen penniless - not even enough funds for final arrangements and burial. No estate for the heirs. Rock County Probate Court took no action; the Temporary Guardianship was "closed" without any accounting or inventory.

July 20, 2006, Judge James P. Daley admonished Kathleen Simane: "The funds should have been used for her (Helen Fabis) benefit, but you used them for your benefit...You took money from someone who could not protect herself. You were supposed to protect her...We as a people will be judged by how we treat the least in our society and those who cannot help themselves."

Count One Theft By Bailee: Judge Daley sentenced Simane (shown below) to prison for two years, followed by eight years of extended supervision and, Count Two Theft By Bailee: Five years in prison, followed by 10 years extended supervision as a consecutive sentence. The judge stayed the second sentence in favor of 10 years probation. He ordered Simane to pay restitution: $78,289.81 (not the total amount stolen from my Aunt).

Criminal Case: 1) STATE OF WISCONSIN vs Kathleen A. Simane 2005CF000301;

Civil Cases: 2) Rock County Probate Case No. 01GN35 (closed no accounting/inventory);
3) Dane County Probate Case No. 2001PR1252 "open" assets: $00.00;
4) Dane County Case No.: 2002CV003962 Estate of Helen Fabis vs
William Skibbe;
5) Rock County Case No.: 2004CV000375 Estate vs Bank One/Kathleen Simane case "open"/bankruptcy;
6) US Bankruptcy Court District of MN Case No.: 4-37370 Petitioner: Kathleen Simane, "closed";
7) US Bankruptcy Court District of MN Adversarial Case No.: 5-3083 Estate vs Kathleen Simane, "open".

Source:
NASGA - Victims' Stories

See Also:
Great Escapes - "Woman Charged for Swindling Aunt"

Is Kathleen Simane Now Kathy Larson?

Urgent Call to Action - Free Danny Tate

Judge Randy Kennedy is refusing to award Michael G. Hoskins his attorney fees, or rule on Mr. Hoskins motion to award them. He is taking the postion that he doesn’t have to rule on them, effectively denying Mr. Hoskins his payment for the last 7 months. Although the attorney that David Tate hired to put his brother Danny Tate in conservatorship has been paid………..the attorney Danny hired to defend him is being denied his fees- How can that be right? It isn’t. I view it as a clever way for the judge to effectively starve him off the case.

I spent nearly two hours today on the phone with Michael G. Hoskins. He is a smart attorney, and I believe he is truly in Danny’s corner. But, he’s got to get paid. He would like to devote all of his energy to Danny’s case, because he is passionate about it. But we live in a real world, and the judge is making it difficult for him to be on the case.

If he leaves the case……….it is over for Danny. The judge will appoint an “adequate” attorney to his case, and you can draw your own conclusions.
Call to action- Please send a check to Michael G. Hoskins at 3200 West End Ave., Suite 500, Nashville, TN 37203. Make the check payable to: Tate Legal Defense Fund.

This is urgent, and this is serious. Send whatever you can. $10 to $10,000……….whatever you can afford, but we HAVE to keep this guy on the case. Yesterday, I blogged about the 10 things we could do to help Danny, and while those are important…….this has become urgent. I also announced the Awareness Concert taking place on Sunday, May 23rd at 12th and Porter in Nashville. Tickets sold to that event will also go directly to the Tate Legal Defense Fund, so please buy a ticket to that event-there are many who are watching this case from the United Kingdom and beyond, and have joined the “Friends for Danny Tate’s Defense” Facebook group.You can also support this cause by buying tickets for the Awareness concer-.even if you don’t plan on attending. It will be a donation for the cause. We accept paypal, and credit card payments. Buy your tickets now!

While Paul Housch bills Danny Tate’s estate for reading the Nashville Scene article that exposed what was going on with Danny’s case……….Danny’s attorney is denied his fees. It is now up to us to help out. Are you in?

Source:
KevinMontgomery.com

See Also:
Facebook: Friends for Danny Tate's Defense

freedannytate.wordpress.com

Hearing Set for Queener Case

A court battle continues over who is the best person to make decisions about 79-year-old Bob Queener's medical care, housing and day-to-day needs.

The dispute is primarily between Department of Human Services staff and Queener's relatives, who are upset that DHS recommended a judge give all authority over the Des Moines man's life to people who don't know him. Queener began showing signs of dementia last summer.

An article in The Des Moines Register recounted how DHS staff removed Queener from his home and a court-appointed conservator began to sell all his household goods, vehicles and mortgage-free home.

At a hearing Monday, an attorney for DHS said Queener's court-appointed temporary guardian, D. Thomas Smith, no longer wishes to be considered for the role of permanent guardian.

[Assistant Polk County Attorney] Ford said DHS is now looking for another suitable family member - other than Queener's niece, Cheri Jensen, who was his main caretaker until DHS intervened in December.

A hearing on who should be permanent guardian has been tentatively scheduled for June 1 or 2.

Full Article and Source:
Hearing on DM Man's Guardian is Set

Victim Left Out of Hearings in DHS Case

State laws give elderly Iowans a steadfast right to attend all their legal hearings, even if they have impaired mental capacity.

That makes it all the more striking that 79-year-old Bob Queener wasn't allowed at hearings regarding control over his care and property, advocates for the elderly say. An article in last Sunday's Des Moines Register recounted Queener's removal from his home in December without warning to his relatives.

Because of a quirk in Iowa law, though, families don't have the right to be notified before the state restricts their elderly relatives' civil rights in cases that involve the Iowa Department of Human Services.

Lori Duboys of the National Association to Stop Guardian Abuse said the Queener case illustrates issues she's seen in some state-ordered emergency or temporary guardianships across the country.

"We can tell you that is happening more and more these days," Duboys said. "The elderly are being treated like criminals, with this exception: Criminals are present at their trials."

Full Article and Source:
Man Left Out of Hearings in DHS Case

See Also:
When Should the State Step In?"

Guardian Ignored Woman's Last Wish

Marie Meader made it known: When her time came, she wanted to be buried, not cremated.

The genial Omaha woman a retired nurse and teacher told her relatives she wanted to be in a cemetery where her loved ones could find her.

She even went to John A. Gentleman Mortuary and chose her casket, picked out flowers for her funeral and planned the services and burial at Evergreen Memorial Park Cemetery. All she had to do was pay for it.

But Marie Meader never paid the bill. She soon slipped into dementia and, with no capable relatives nearby, a judge appointed Dinah Turrentine-Sims to watch over her.

As guardian and conservator, Turrentine-Sims was supposed to look after matters of Meader's health and wealth.

Those matters included prepaying for Meader's funeral something Meader's nieces repeatedly reminded Turrentine-Sims to do.

In turn, Turrentine-Sims reassured the nieces that she would take care of the mortuary bill.

She did not.

When Marie Meader died last month at age 90, her out-of-state nieces made a grim discovery: There was no money left in Meader's accounts, which once held at least $150,000.

And nothing had been paid to the mortuary.

Meader's nieces had little choice. They could try to pool $10,000 money they didn't have for their aunt's burial. Or they could have her cremated which would cost $2,000.

Marie Meader was cremated. A small group of relatives, most from out of state, celebrated her life at an Omaha church.

There was no burial at Evergreen, no fulfillment of her final wish.

It isn't the only duty Turrentine-Sims is accused of neglecting. Authorities now say more than $400,000 is unaccounted for in the estates of as many as eight wards a dollar amount that investigators say may climb.

Prosecutors have charged her with theft and with abuse of a vulnerable adult in two cases where the losses have totaled more than $250,000. They allege that Turrentine-Sims, 59, spent thousands of her wards' dollars at a Council Bluffs casino.

Her former wards and their families accuse Turrentine-Sims of something worse: stripping their loved ones of their dignity along with their dollars.

Full Article and Source:
Guardian Ignored Woman's Last Wish

See Also:
Nebraska's Supreme Court Chief Justice Calls for Safeguarding of State's Wards

Patient Advocate Suspended for Speaking Up

The decision by the Department of Health and Senior Services to suspend a social worker who wrote a letter protesting the closing of Hagedorn Psychiatric Hospital is a troubling move. It’s bound to put a chill into anyone who works for the state and wants to point out a problem with administration policy. Susan Hollander Whitman, a consultant and geriatric-case manager for the Office of the Public Guardian, has been suspended from her duties while officials investigate whether she "appropriately or inappropriately represented herself as a member of the office."

In her letter last month to state Sen. Michael Doherty (R-Warren), Hollander Whitman said closing the hospital would disrupt the lives of the 19 elderly and incapacitated patients for whom she has guardianship. She wrote that she has been visiting the institution for six years "working closely with staff and patients to assure the best care for these adults."

"I can not in good conscience advocate for them to be moved around and have their stability disrupted," she wrote.

Doherty, whose district includes the hospital and who opposes closing it, read a portion of the letter at a budget committee hearing last week. That prompted the Department of Health and Senior Services to relieve Hollander Whitman of her duties pending a probe. Department spokeswoman Donna Leusner says Hollander Whitman’s patients have been temporarily reassigned.

In her letter, it seems clear Hollander Whitman was expressing her own view and concern as an advocate for her patients, as any good guardian should. She did not use official letterhead, and she identified herself as a guardian representative, not as someone speaking on behalf of the agency.

Department officials have not said what policy the social worker might have breached. In other words, they can’t say for sure if she even did anything wrong. That makes taking away her job — and the patients she was speaking up for — all the more unfortunate.

Full Article and Source:
Patient Advocate Suspended for Speaking Up

Editorial: When the Elderly Cannot Take Care of Themselves

The struggle between professionals and family members over what happens when a loved one loses the capacity to take care of himself was accurately described in Jennifer Jacobs' article about Bob Queener, "When Should the State Step In?" (April 18 Des Moines Sunday Register). The problem with the article, however, is that while it accurately described one case, it does not give a proper overview of the workings of the system used to help incapacitated citizens.

First, let me say that while I have no inside knowledge of the Queener case, I do, as a regular part of my practice, represent people - usually through court appointment - who are the subject of an inquiry by the Iowa Department of Human Services (DHS) and know personally many of the individuals involved in that case. To understand how these cases are handled, a short overview of the procedure is in order.

Full Editorial and Source:
When the Elderly Can't Take Care of Themselves

See Also:
When Should the State Step In?

Danny Tate Benefit/Awareness Concert Scheduled!

Billy Block is happy to confirm Sunday, May 23, 2010 at 12th & Porter for the Danny Tate Benefit/Awareness Concert.

Thanks to everyone at 12 & P for the support.

Kevin Montgomery and CeCe DuBois will be spearheading this effort. Looking forward to seeing who steps up to play!


Music is Power!


Source:
Facebook: Friends for Danny Tate's Defense

Florida Lawmakes Move to Enhance APS

A little-noticed bill would enable the Florida Department of Children and Families for the first time to ask a court to decide whether a mentally or physically impaired adult needs a guardian.

Supporters say the legislation will remove a roadblock that stalls or blocks state services designed to protect vulnerable adults from abuse and neglect. The House passed the bill unanimously Wednesday; a Senate vote is expected this week.

The bill was filed in September, five months before the death of a Fernandina Beach woman with a long history of mental-health problems and department investigations.

Hunter's death has gained statewide attention as a symbol of what several experts say are gaps in the mental-health care system. Hunter had been admitted to hospital emergency rooms more than 60 times, undergoing several psychiatric evaluations along the way, during the last two years of her life without getting the help she needed, they say.

Reaction to the bill has been mixed.

A former insider at the agency's Northeast Florida office calls the bill a "classic example of Legislature appearing to do something without dealing with fundamental core issues." The bill makes it easier for the state to place a vulnerable adult into guardianship, but it doesn't address the shortage of guardians, said Gene Costlow, who retired from his human services program director position in March after 37 years with the agency.

Full Article and Source:
Florida Lawmakers Move to Enhance Adult Protection in the Wake of Sarah Hunter's Death

Wisconsin Passes Power of Attorney Act

The Wisconsin Legislature has passed a new power of attorney act, which now awaits the governor’s signature.

The Uniform Power of Attorney for Finances and Property Act [Assembly Bill 704 (2009), hereinafter AB 704] will replace Wisconsin’s current statute, including the statutory form.

Sections 243.07 and 243.10 of the Wisconsin Statutes will be replaced with a new chapter 244. The Act is intended to provide greater protection for persons who wish to use durable powers of attorney and more detailed guidance for agents, as well as guidance and protection for third parties who are asked to accept powers of attorney.

The Act consists of two subchapters. Subchapter II contains the optional statutory form and miscellaneous provisions dealing with the Act’s general application and repeal of certain prior law.

Subchapter I includes definitions and general rules. Of particular note is the definition of “incapacity,” found at section 244.02(7), which replaces the term “disability” used in current law. AB 704, at 6. The Act’s definition of “incapacity” is consistent with the standard for appointment of a guardian under Wis. Stat. chapter 154.

Another significant change is the default rule in section 244.04 that makes a power of attorney durable unless the document provides otherwise. AB 704, at 8. This change from current law reflects the view that most principals prefer their powers of attorney to be durable as a hedge against the need for guardianship.

Full Article and Source:
Power of Attorney Act Awaiting Governor's Signature

Lawyer Sentenced to 30 Years

Troy A. Titus, 43, of Virginia Beach, Va., was sentenced to 30 years in prison for operating multiple fraud schemes to steal and misappropriate almost $10 million from clients and investors.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and A.J. Turner, Special Agent in Charge of the Norfolk Field Office of the Federal Bureau of Investigation, made the announcement after sentencing by United States District Judge Raymond A. Jackson.

“People trusted Troy Titus as an advisor and lawyer, and he swindled dozens of victims out of millions,” U.S. Attorney MacBride said. “We hope this 30-year sentence will send a clear message that those who engage in financial fraud will face severe consequences.

Full Article and Source:
Virginia Lawyer Sentenced to 30 Years in Prison for Massive Real Estate Investment Scam

See Also:
Disbarred, Disgraced, and Going to Federal Prison for 30 Years

Man Eggs Judge

A Naperville father recently released from jail after firing a raw egg at a domestic relations judge has been indicted on charges of damaging property in the judge's courtroom.

A DuPage County grand jury indicted Agim Demiri on three felony charges of criminal damage to government property and criminal damage to property.

He spent a week in DuPage County Jail in Wheaton for contempt of court beginning March 24, after launching an egg at Judge Timothy J. McJoynt. The incident occurred during a hearing on Demiri's failure to make court-ordered child support payments as part of his divorce.

The egg missed McJoynt and splattered against a state of Illinois emblem on the wall behind the judge's dais. Another egg was found in the courtroom near the place where Demiri had been sitting.

No one was injured in the incident. McJoynt declined to file battery charges against Demiri.

Full Article and Source:
Man Indicted for Hurling Egg at Judge

Lawyer Finds Unusual Pool of Clients - Victims of Probate Court

Just about everybody who came into contact with Edward Ravenscroft in 2008 concluded that he needed some serious help.

Thanks to a bad crack habit, Ravenscroft, then 47, had burned through more than $1 million in two short years — with little to show for it. As an heir to the Abbott Laboratories fortune, Ravenscroft was rich, but he was spending his money way too quickly, and stupidly.

In court papers, Ravenscroft admitted that, in addition to his drug problem, he was mentally ill. His defense lawyer wrote that Ravenscroft described himself as bipolar and obsessive-compulsive. Three different doctors agreed. So did the court-appointed psychiatrist who examined him in jail.

That diagnosis may have made all the difference. Under a program launched by the county's presiding judge, criminal defendants with mental illness end up in a special court to assess their competency, and then, if need be, referred to probate court for help. Probate court deals with people who are legally incapacitated: anyone who can't take care of themselves or manage their finances because of mental illness, old age, or disability.

Sent to probate in January 2009, Ravenscroft was assigned a guardian ad litem to fight for his best interests, even if Ravenscroft had no idea what they were. (In this case, that entailed helping Ravenscroft get well enough to check into rehab.) As Ravenscroft's case progressed and he continued to spiral out of control, he also got a guardian (to take care of him), a conservator (to watch over his money), and a lawyer (to express his desires in court).

And then, slowly, Edward Ravenscroft got better.

Today, he's been sober eight months. He takes his medication and is preparing to live on his own. He'd been in probate for a little over a year when Probate Court Judge Karen O'Connor terminated his guardianship last month. He is, she said, capable of taking care of himself.

Sounds like a happy ending, right?

Not if you're Grant Goodman. The Phoenix-based attorney is convinced that the whole thing was a scam to steal Ravenscroft's money.

Full Article and Source:
In Debt and Under Fire, Attorney Grant Goodman Has Found an Unusual Pool of Clients: the 'Victims' of Probate Court

See Also:
Ravenscroft Denied Freedom

Victim Sues Sonoma County, CA

Despite the solid foundation of their relationship and all the legal documents they filed to prevent tragedy, Sonoma County officials took everything from a longtime gay couple Clay Greene and Harold Scull, including their chance to say goodbye before Scull died.

In 2008, Scull, 88, fell down the stairs and was taken to the hospital. While he was admitted, Sonoma County officials logged their belongings and petitioned the court for conservatorship of the couple's estate. Despite being granted only limited powers, the County arranged for the sale of the men’s personal property, cleaned out their home, terminated their lease, confiscated their truck, and eventually disposed of all of the men’s worldly possessions, including family heirlooms, at a fraction of their value and without any proper inventory or determination of whose property was being sold.

They also moved Greene, 78, into a nursing home and confined him against his will, not permitting him to see his partner. Three months after he was taken to the hospital, Scull died, without having seen Greene.

Green is suing the county and a trial date has been set for July 16, 2010.

Source:
Elderly Couple Not Allowed to Say Goodbye, All Possessions Sold

See Also:
Read the Lawsuit

CA Nursing Homes Cut Staff/Wages, Reap Profits

California's nursing homes have reaped $880 million in additional funding from a 2004 state law designed to help them hire more caregivers and boost wages.

But about a quarter of the state's homes flouted the law's purpose. They cut staff or slashed wages, while padding their bottom lines, a California Watch investigation has found.

The 232 homes that made those cuts — including 20 in Santa Clara and San Mateo counties — collected about $236 million through 2008, the last year of available data. And the law that made it all possible included few safeguards to ensure it was spent as intended.

About two dozen homes that made the deepest caregiver cuts had about a third more deficiencies than other state facilities, California Watch found. Violations ranged from neglecting bedsores to giving patients the wrong drugs.

Overall, regulators documented nearly 1,000 deficiencies for inadequate care in California nursing homes in 2008 — a 65 percent increase compared with 2005.

"There was an implicit good faith agreement that things would get better "... and that was broken," said state Sen. Elaine Alquist, D-San Jose, chairwoman of the Senate Health Committee.

But James Gomez, chief executive of the state's nursing home trade organization, said the 2004 law has led to a 6 percent increase in average staffing for nursing homes.

Full Article and Source:
Nursing Homes Received Millions from California Taxpayers While Cutting Staff, Services

Class Action Lawsuit Against Nursing Home Chain

Skilled Healthcare Group Inc., the 10th largest nursing home chain in 2009, is involved in a class-action lawsuit currently unfolding in California, which claims that they have put elderly residents at risk and skirted state law by skimping on staff to make more money.

The class-action case includes more than 32,000 nursing home residents, who claim that staffing problems have plagued homes operated by Skilled Healthcare Group Inc. The plaintiffs argue that understaffing is one of the primary causes of inadequate care and often unsafe conditions in skilled nursing homes. They hope to collect a multimillion-dollar judgment and improve care.

Plaintiffs contend that the California nursing homes were out of compliance for thousands of days over the six-year period covered by the lawsuit, and penalties can be up to $500 per resident for each day the law was violated.

California Health and Safety Code requires that nursing homes provide at least 3.2 nursing hours per resident per day, which includes care by registered nurses, licensed vocational nurses, and certified nursing assistants.

Full Article and Source:
Nursing Home Chain Involved in Staffing Class Action Lawsuit

More Abuse in Genesee County Michigan

Genesee County Sheriff Robert Pickell is calling it another case of elder abuse as three adults have been removed from a home in Flint.

The sheriff says those people are being treated at an area hospital. This all took place in the 3800 Block of Fleming on the city's north side.

One person was taken into custody. He's being held in the Genesee County Jail.

He's 23-years-old, according to Pickell, and the grandson of Mary Chapman, a woman who is no stranger to these types of allegations.

The man arrested is likely also the son of the Chapman's daughter, who was running a Beard Street facility where one elderly woman died and two other elderly adults were removed last month.

Pickell says they will seek elder abuse related charges against him. The sheriff and his team of investigators say the home is not licensed to be an adult foster care facility.

The three women inside, ages 55, 58 and 67, are receiving treatment, according to the sheriff.

Full Article, Video and Source:
Genesee County Sheriff Finds Another Case of Elder Abuse

Nursing Home Resident Accused of Felony Battery

A 57-year-old man was arrested on charges that he fondled an elderly woman suffering from dementia in the nursing home they share, according to the Pinellas County Sheriff's Office.

Larry Donneal Evans, of St. Petersburg, was arrested on a felony charge of battery on a person 65 years or older. He is mentally ill, police said, but they did not disclose his exact diagnosis.

A nurse at Pasadena Manor Nursing Home at 1430 Pasadena Ave. caught Evans inside the victim's room.

[T]he victim was not coherent enough to even talk to deputies. She suffers from Alzheimer's disease and senile dementia. Her identity was withheld by the Sheriff's Office because of the nature of the allegation.

Evans is a convicted felon who was first arrested in 1970. He served four years in prison for charges of resisting an officer with violence and possession of cocaine, among others. He was released in 2004.

Full Article and Source:
Pinellas Deputies: Elderly Dementia Patient Fondled in Nursing Home

Illinois: Cashing in on Frail Patients

‘Horrific’ moneymaking scheme shuttled sick, elderly between nursing homes and hospitals at taxpayer expense.

Dr. Roland Borrasi chuckled as he told three doctors how he used kickbacks and cash bribes to shuttle unsuspecting nursing home residents into Chicago-area hospitals and psychiatric wards.

"Basically, I have a commodity; my commodity is nursing home patients," Borrasi explained.

He didn't know it at the time, but federal agents were secretly recording that meeting.

One of the doctors was wearing a wire as Borrasi matter-of-factly explained the mechanics of patient brokering to physicians in his medical group.

Those recordings, along with court documents and federal investigative reports obtained by the Tribune, describe a web of corruption in which hundreds of thousands of dollars flowed among doctors, nursing home executives and hospital administrators as the facility operators sought to fill their beds with a steady flow of destitute patients.

While taxpayers paid millions of dollars in fraudulent Medicaid and Medicare bills, one Alzheimer's patient was given inappropriate brain radiation treatments, a Borrasi associate told federal agents. A second patient, a disoriented elderly woman, was sent to an acute psychiatric ward after she refused to eat in her nursing home dining hall, another medical professional told federal agents.

"The fact that … greed subordinated the care of elderly and infirm patients who really needed it is horrific at best," federal prosecutors wrote in a court filing earlier this year after Borrasi was sentenced for accepting more than $500,000 in kickbacks to steer vulnerable patients. Prosecutors described "the scope and breadth of the bribes" as "extraordinary."

Full Article and Source:
Cashing in on Frail Patients

Abbie Dorn Court Battle Set For May 13

Abbie Dorn always wanted children, and in June 2006 she got her wish -- triplets. But during a difficult birth she suffered severe brain damage that took away her chance to raise them.

Now, her parents and former husband are locked in a legal battle over whether Dorn is capable of interacting with her children, and whether they should visit her.

On Tuesday, a judge in Los Angeles County Superior Court ruled that Abbie Dorn's parents have the right to fight for visitation rights on her behalf.

The ruling clears the way for a trial, scheduled for May 13. No matter who prevails, the case is likely to lead to years of appeals that could result in a legal landmark affecting the rights of mentally incapacitated parents.

Full Article, Video, and Source:
Court Fight Waged Over Brain Damaged Mom's Triplets"

Lawsuit #3 Against La Salle County Nursing Home

The third lawsuit stemming from multiple abuse reports last year at the La Salle County Nursing Home was filed in Circuit Court.

The county expects even more legal fallout after the incidents were reported last summer from nearly a dozen female residents who were allegedly sexually assaulted by a male resident with a previous history of such abuse.

The lawsuit, formally presented by Oglesby attorney Gary Peterlin and Peter Ferracuti of Ottawa, alleges staff members did little to protect a now deceased former woman resident from sexual abuse from a fellow resident during the time period of February through May, 2009.

According to court documents, Barbara Snyder of Tonica, executor of the late resident's estate, is asking in excess of $50,000 plus attorney fees and costs from the care facility for failure to protect the 81-year-old woman in the last months of her life. The suit could cost the county up to $100,000.

The attorneys allege the nursing home allowed a known sexually active and aggressive male resident to have contact with the victim and failed to properly care and prevent injuries to the woman. The suit says the victim had a "statutory right to receive treatment and care which was free from abuse or neglect."

Neither La Salle County Board Attorney Troy Holland or Board Chairman Jerry Hicks, D-Marseilles, were available for comment.

Full Article and Source:
Third Lawsuit Filed in Nursing Home Abuse Incidents

Whistleblower Lawsuits Filed Against Malcomb County Judges

The former administrator of Macomb County Probate Court has filed whistleblower lawsuits, claiming he was fired because he told state investigators about a judge's alleged wrongdoing.

Donald Housey, who was removed as court administrator in January, claims in suits filed recently in federal court and Macomb Circuit Court that Probate Judge Kathryn George and Chief Probate Judge Mark Switalski retaliated against him. Housey's suits claim the retaliation occurred because he cooperated with investigations by the State Court Administrator's Office and the Judicial Tenure Commission into George's handling of cases, along with allegations of her excessive absences from the bench.

"This is a man who's been wronged, and we're trying to right the wrong," Housey's attorney Kathleen Bogas said.

Bogas filed Housey's lawsuits in both U.S. District Court and Macomb Circuit Court. "The federal court doesn't have jurisdiction over probate court, so we filed the whistleblower claims in both courts," she said.

The federal court filing also claims Switalski and George violated Housey's freedom of speech by retaliating against him for cooperating with the state investigations.

Chief Macomb Circuit Court Judge Pro Tem Diane Druzinski called the lawsuits "unfortunate," adding, "The facts will ultimately speak for themselves."

In addition to the alleged firing of Housey for providing information to the Judicial Tenure Commission, the lawsuits claim George retaliated against Housey by "publicly degrading and harassing" and "wrongfully reprimanding" him because he cooperated with a 2008 investigation by the State Court Administrator's Office.

Full Article and Source:
Former Macomb Court Adminstrator Sues Over Firing

NASGA Soapbox: 'Guardianship/Conservatorship Victims'

by Advocate Tim Lahrman

There are even victims, both family members or otherwise, who do not even realize they are victims.

In fact, everyone in America is a victim because, when one person's rights are not protected and are readily violated --- then all our rights are at risk of being violated.

Source:
NASGA website: StopGuardianAbuse.org

Elderly Ex-Judge Objects to Choice of Conservator

Retired Probate Judge Edward F. Casey, who only last month approved naming state Rep. Bill Bowles conservator of his estate, has abruptly reversed course.

The 85-year-old judge, who suffers from dementia, signed court papers objecting to having Bowles oversee his financial affairs.

Now, the legal impasse involving Attleboro City Councilor Kim Allard - the elderly judge's personal caretaker accused by Casey's family of taking advantage of him - will probably have to be resolved by a jurist outside of Bristol County.

Because of the potential for conflict of interest, a court employee said, it is unlikely that a judge of the Bristol County Probate Court will hear the case.

Casey is a former judge in the court and his son, John, is a sitting probate judge. The case would most likely be heard by a judge from another jurisdiction, possibly Plymouth County, the worker said.

Bowles, D-Attleboro, was appointed conservator for the estate of the elder Casey with the support of the judge's family.

Bowles and the family claimed that Allard was taking advantage of her relationship with the elderly judge.

Allard, also a long-time friend of the elder Casey, receives a $600 weekly salary for the judge's care and was given title to a $328,000 house on Slater Street signed over to her by the judge.

The next step will be a pretrial conference, court officials say.

[Casey's] filing was not accompanied by a statement giving reasons for the judge's objections and his abrupt turnabout.

According to a box checked on the appeal form, the elder Casey plans to file an affidavit within 30 days.

Full Article and Source:
Ex-judge Objects to Plans for Oversight

See Also:
Retired Judge Victimized

Neglect at Flint Foster Care Facility

A woman who five years ago was banned by the state from operating her adult foster care facility has been tied to at least two other Flint homes now being investigated by authorities.

Genesee County Sheriff Robert J. Pickell said an investigation showed Mary Chapman has connections to a home at 3809 Fleming Road and an adult foster care facility at 1325 Beard Street — both of which had residents removed recently because authorities said they were neglected.

Pickell said his office is continuing to investigate Chapman, assisted by the Genesee County Elder Abuse & Exploitation Prevention Team, but no criminal charges have been issued.

Pickell said Chapman paid her grandson to care for the residents, but the women — ages 55, 58 and 67 — were often left unattended and their medications weren’t administered properly. Pickell said one woman had barricaded herself in an upstairs bedroom and was reluctant to leave the home when police arrived.

The 23-year-old grandson was arrested and later released pending further investigation, Pickell said.(A Department of Human Services employee walks a woman away from the home at 3809 Fleming Road in Flint on Wednesday. Authorities said the home appears to have connections to an adult foster care facility on Beard Street in Flint, where authorities removed several elderly adults last month. Three women were removed from the Fleming Road home.)

Full Article and Source:
Genesee County Sheriff's Office Continues to Investigate Elderly Care at Flint Homes

When Should the State Step In?

Life took a drastic turn for Bob Queener - and for the loved ones who believed they were doing their best to keep an eye on him daily - when he began to show signs of dementia. Without warning last December, the state removed Queener under police escort from the Des Moines home where he'd lived alone for four decades. He was placed against his will in a locked mental health unit.

For five hours the next day, his panicked relatives knew only that the 79-year-old had disappeared, said his sister Barbara Conrath, 74, of Bondurant.

Three months later, most of Queener's possessions were sold or thrown away by a stranger authorized by the court to control his property, said his brother Rich Queener, 65, of Prescott.

Several of Bob Queener's relatives believe workers with the state Department of Human Services acted too quickly when they sought court approval to have him removed from his home. They're also upset that a judge gave all authority over his life to people who don't know him or love him.

"I mean, my goodness, it wasn't right. It really wasn't," said Conrath, one of his eight living siblings.

DHS spokesman Roger Munns defended the agency's actions as part of an extraordinary effort by government agencies to protect Queener's well-being.

Full Article and Source:
Elderly Care: When Should the State Step In?

A Victim of 10 Years of Abuse and Exploitation

A victim of 10 years of Abuse and Financial Exploitation, because Law Enforcement turned a deaf ear to "White Collar" crime, and the judiciary has refused to acknowledged my legally executed Probate documents, my Power of Attorney, and the Revocation of the POA - allowing my assets to be seized by the perpetrator(s) with a "blank" form of a trust, not by court order, but by affidavit only.

Source:
NASGA - Victims' Stories

Oregon Man Arrested for Exploitation

Forest Grove Police arrested a man in connection to the exploitation of an elderly victim, which included about $50,000 of the victim's money spent on vacations, bathroom remodeling and online adult entertainment, among other things.

Shawn Michael Vilhauer, 44, was arrested on charges of first-degree criminal mistreatment and first-degree aggravated theft, which are both felonies, according to police. The arrest came after Vilhauer was indicted on the charges and a five-month investigation, according to police.

Vilhauer became responsible for the elderly victim in the fall of 2008, police said. Investigators determined that Vilhauer had also used the $50,000 for online gambling and mortgage payments, and left the victim's medical bills and other care expenses unpaid, police said.

Full Article and Source:
Forest Grove Man Arrested in Connected to Elder Abuse Case

Nebraska's Supreme Court Chief Justice Calls for Safeguarding State's Wards

Nebraska's top judge wants a task force to investigate the justice-system shortcomings that allowed hundreds of thousands of dollars to be drained from the vulnerable people an Omaha woman had been appointed to protect.

Nebraska Supreme Court Chief Justice Michael Heavican said he will call upon judges, attorneys, auditors, lawmakers, fraud investigators and others to probe what needs to be done to shore up the state's guardian and conservator system.

Heavican said he decided to make the rare move of appointing a task force after reading The World-Herald's April 11 report on the flaws that allowed the accounts of several wards to be emptied.

Authorities say former court-appointed guardian Dinah Turrentine-Sims who has declined interview requests took at least $350,000 from as many as eight wards. The 59-year-old has been charged with theft and abuse of a vulnerable adult in connection with two cases.

Among the flaws, the newspaper found that judges failed to:

* Set bonds insurance that could have protected the assets of the people in Turrentine-Sims' care.

* Scrutinize the care that she arranged for her wards.

* Spot inflated numbers and unusual entries on her accountings.

* Subpoena bank statements statements that showed large cash deposits and numerous casino ATM withdrawals.

Nationwide, Heavican said, court administrators are placing great emphasis on bolstering probate court, the part of the justice system charged with overseeing the health and wealth of elderly and disabled people. It's easy to see why: Fueled by baby boomers, the elderly population is expected to exceed 71 million people by 2030 more than double the number in 2000.

Heavican said the courts' responsibility to protect the elderly and the disabled is no different from their duty to protect children.

“Most of us agree that this issue with guardians and conservators is huge,” Heavican said. “We want a full picture of how this happened and why this happened so it doesn't happen again.”

Full Article and Source:
Looking to Safeguard State Wards

See Also:
Flaws in Nebraska Law Can be Fixed

Guardian Faces Theft Counts

Disbarred, Disgraced, and Going to Federal Prison for 30 Years

Disbarred and disgraced attorney Troy A. Titus was sentenced to 30 years in federal prison for defrauding clients and friends out of more than $8 million, money a judge said the victims will never see again.

The 44-year-old father of six wept as he tried to explain himself before U.S. District Judge Raymond A. Jackson and a courtroom filled with family and friends. Other than blaming his swelled pride, Titus was at a loss.

"I wish there was something I could do to explain it," he said. "I guess I got to the point where I completely lost sight of reality."

A federal jury in December convicted Titus of 33 felonies, finding that he had operated a Ponzi scheme that cost his victims around $8 million in losses. The government now says the total fraud amounted to nearly $12 million.

Calling Titus "an economic sociopath," Assistant U.S. Attorney Michael Moore asked the judge to put Titus behind bars for the rest of his life. While the judge did not do that, Titus will be well past retirement age when he is released, unless he wins his appeal.

Full Article and Source:
Disbarred Attorney Sentenced to 30 Years for Fraud

Terri Schiavo Life and Hope Concert

If I could have, I would have gone to the 1st annual "Terri Schiavo Life & Hope Concert." But National Right to Life was more than ably represented last Sunday at the fundraising concert to benefit the Terri Schindler Schiavo Foundation, by Executive Director David N. O'Steen, Ph.D., and State Organization and Development Director Jacki Ragan.

Held at the Murat Center in Indianapolis, Indiana, the concert was life-affirming in the best sense of the term. Obviously, the reason there is a Terri Schindler Schiavo Foundation is grim: Terri died when she was unjustly denied food and fluids as the result of a titanic legal struggle that went on for years and years.

But forged in that battle is a foundation that is dedicated to battling the mentality that people who are imperfect are "better off dead." And that love of life was on rich display.

Like almost everyone, I have enjoyed the music of Randy Travis and Collin Raye. Each is a music legend in his own right. Each performed for more than an hour. Each dedicated two autograph guitars, one of which was raffled off, the other auctioned to raise funds to help the foundation.

Full Article and Source:
Reflections on the Terri Schiavo 'Life and Hope' Concert

Memories Fade, but Feelings Remain

Even though a memory is forgotten, the feeling may still remain. A new scientific discovery brings with it implications for memory-stripping diseases like amnesia and Alzheimer's.

In a study involving patients with damage to their hippocampus -- a type of amnesia causes short-term memory loss -- researchers at the University of Iowa discovered that although a recent memory disappears, the feeling originally linked to the memory remains.

The type of memory loss looked at in the study is the same type of amnesia that is an early sign of Alzheimer's disease. Researchers say these findings reinforce the importance of caring for the emotional needs of Alzheimer's patients.

"A simple visit or phone call from family members might have a lingering positive influence on a patient's happiness even though the patient may quickly forget the visit or phone call," Feinstein said. "On the other hand, routine neglect from staff at nursing homes may leave the patient feeling sad, frustrated and lonely even though the patient can't remember why."

Full Article and Source:
Amnesia: Memories Forgotten, but Feelings Remain

Caregiver Accused of Exploitation

Beverly Widdiss says every day for years she made sure an elderly woman she cared for ate a proper meal – and she did it without pay.

But a New Port Richey Police detective says payday came over and over again, starting about a year ago, and continued after nearly $60,000 of the 82-year-old woman's funds were drained.

Widdiss, 46, was arrested on charges of exploitation of the elderly and scheme to defraud. She was released from the Land O' Lakes Jail later after posting $20,000 bail.

Det. Jason Engel said Widdiss was the woman's caregiver and "gained the trust and confidence" of the victim before bilking her out of tens of thousands of dollars.

Widdiss said the woman, whose family lives "up north" and doesn't take care of her, has been helping her out financially for years and she was always told she'd "get everything anyway."

"I was power of attorney and everything," Widdiss said. "…She told me that I would never have to work for the rest of my life and that I could travel."

Widdiss says she's angry and hurt. She said in recent months she noticed the woman has had memory problems and has seemed "out of it" and she thinks it's because of medication.

"I loved her to death and she loves me," she said. "…I don't even think she knows what's going on."

Widdiss, 3608 Murrow St., New Port Richey, said in addition to one day being vindicated, she is going to sue those who have shamed her, including the police and the nursing home.

"I did get framed – bad," she said. "Real bad."

Full Article and Source:
Caregiver Exploited Elderly Woman, New Port Richey Police Say

Severely Disabled, Is She Still a Mom?

Abbie Dorn lies in a hospital bed in her parents' home on the South Carolina coast. A halo of dark curls frames her pale face. The pump for her feeding tube clicks softly in the quiet room.

Abbie and their father, Dan Dorn, have divorced, and Dan is raising the children in a modest Beverlywood bungalow. Abbie, 34, held her babies only once, the day of their birth. She has not seen them in nearly 2 1/2 years.

Abbie's parents have been named conservators of her estate, which includes a multimillion-dollar malpractice settlement, and are asking a Los Angeles County Superior Court judge to order Dan to let Abbie see her children. Dan has refused all requests, arguing that visitation would be too traumatic at their young age.

The bitter dispute raises questions both legal and profoundly human. What is a parent? What constitutes a parent-child relationship? How do you show children that they are loved? And can Abbie Dorn ever be a mother to her children?

In court papers, Dan, 33, describes the woman he once loved as "in a vegetative state with virtually no hope for recovery." His attorney, Vicki Greene, says, "As far as we know, Abbie is incompetent," that the case is all about her parents' wishes, that "we don't know what Abbie wants, because Abbie can't speak for herself."

Abbie's mother argues vehemently otherwise. Her daughter, Susan Cohen says, has improved markedly since "the event." She gets hours of therapy each day. She can read. She is capable of complex thought.

And she can communicate. With her smile. Her tears. And, most of all, her eyes.

Full Article and Source:
Severly Disabled, Is She Still a Mom?

Flaws in Nebraska Law Can be Fixed

Designed to protect people's assets, the Probate Courts did anything but in several cases assigned to Dinah Turrentine-Sims.

A World-Herald examination of police and court records and interviews with judges, attorneys and other conservators showed that several simple fixes could have prevented the staggering losses that Turrentine-Sims is accused of causing.

And, experts say, most of the fixes could be paid for through reasonable fees assessed against the assets of the wards whose estates would be protected.

Douglas County Attorney Don Kleine charged Turrentine-Sims in two cases. He said Omaha police are continuing to investigate Turrentine-Sims' actions. So far, misappropriations are suspected in a handful of cases.

Kleine said it's paramount that legislators and judges make swift changes.

“It doesn't take much to figure out that something is very wrong here,” he said. “This whole system was set up to protect the most vulnerable, to protect those who can't protect themselves. It failed.”

Full Article and Source:
Flaws in Nebraska Law to Aid Wards Can be Fixed

See Also:
Guardian Faces Theft Counts

Reverse Mortgage Scam

Jackson County Prosecutors say Marilyn James, 55, transferred a home she owned to an older neighbor with Alzheimer's Disease.

After James put the home in the victim's name and had power of attorney, authorities say she took out a reverse mortgage for more than $64,000 on the home.

Prosecutors say she also stole $9,000 from the elderly man's life insurance policy.

James is only the second person in the nation to be prosecuted for a reverse mortgage scam.

"It's a new type of fraud, one that we haven't seen before because this is a new program," explains Jim Kanatzer, Jackson County Prosecuting Attorney. "So, I hope I'm wrong and I hope we don't see many more of these cases but I suspect we will."

Full Article, Video, and Source:
Woman Charged With Elder Fraud

Ward Accuses Guardian of Sexual Abuse

In a case investigators describe as "tragic," a 32-year-old mentally impaired man alleges he was sexually abused by his court-appointed guardian -- a convicted sex offender -- for two years, police say.

Duane Emery Kuerbitz, 49, of Bay City is jailed on first- and third-degree criminal sexual conduct charges in lieu of a $2.5 million bond.

"It's a sad case made even more tragic since our investigation shows he never should have been placed in Kuerbitz's care to begin with, and then no one did anything about his complaints," Oakland County Undersheriff Michael McCabe said.

Court records indicate the alleged victim is mentally impaired and has had a series of guardians since childhood.

On June 1, 2007, Kuerbitz filed for guardianship in Wayne County Probate Court, where records show Probate Judge Martin T. Maher and a previous guardian, Maria Ortiz, were aware of Kuerbitz's sex offender status when he was awarded guardianship.

Ortiz, who could not be reached for comment, contested the guardian change, citing concerns about Kuerbitz and how her ward "could be easily manipulated," according to court records.

Attorney Steven Geller, appointed in 2007 as guardian ad litem to investigate Kuerbitz's request, was advised of Kuerbitz's sex crimes but still recommended the change after a private interview with the victim.

Full Article and Source:
Man, 32, Accuses Guardian of Abuse

Illinois Lawyer Charged With Financial Exploitation

Authorities Monday charged an Alton lawyer who allegedly cheated an elderly woman out of more than $137,000 after meeting her at church and offering to help her obtain a payment from a probate case.

Dennis F. Nalick, 62, was charged in Madison County Circuit Court with unlawful financial exploitation of an elderly person for allegedly obtaining a check written payable to the 81-year-old victim.

Nalick was held in lieu of $250,000 bail after he was arrested. He was arrested after Alton police obtained an eavesdrop order and placed a recording device on the victim, who talked to the suspect.

The case unfolded starting in 2006, when the victim was awaiting settlement of the estate of her mother. That case was filed in Ohio, and Nalick allegedly offered to help the woman obtain the settlement as a friendly gesture.

Full Article and Source:
Alton Lawyer Charged With Financial Exploitation

Chief Counsel for JCB Delayed Conahan Investigation

The chief counsel for the state Judicial Conduct Board ordered an investigation into former Luzerne County Judge Michael T. Conahan delayed until after Conahan testified at the misconduct trial of former county Judge Ann H. Lokuta, according to a statement the board made to a state panel investigating the county kids-for-cash scandal.

The board also accused attorney Joseph A. Massa Jr. of summarizing an anonymous September 2006 complaint against Conahan without mentioning key allegations of case fixing and suspicions about Conahan’s close relationship with former Judge Mark A. Ciavarella Jr.

Massa disputed the claims during testimony the panel Monday, saying he asked the board to authorize a full investigation of the Conahan complaint at its bimonthly meeting in June 2007.

According to the board statement, Massa instructed the board to delay the investigation until after October 2007. Lokuta’s trial, on allegations she mistreated court staff and showed up late for hearings, was expected to end in September 2007, but dragged on into April 2008, Massa said.

Asked if he was protecting Conahan, Massa said, “absolutely not.”

Full Article and Source:
Chief Counsel for Judicial Conduct Board Delayed Conahan Investigation

Retired Judge Victimized

An elderly, retired judge with dementia was financially victimized by two women, including an Attleboro city councilor who persuaded the retired jurist to buy a $328,000 house for her, according to an affidavit filed in Bristol County Probate Court.

The women, City Councilor Kimberly Allard and Laura Hunt, separately 'have used their position of trust to take advantage of" 85-year-old former Bristol Probate Court Judge Edward F. Casey, wrote William J. Bowles in the affidavit.

Bowles, who is a long-time friend of Casey as well as a state representative, last month was appointed Casey’s temporary conservator, which means he is in charge of the former judge’s financial affairs.

Allard, who took office in 2002, disputed she was taking advantage of the retired judge, and that the purchase of the house was his idea.

"If I was some horrible woman like they are making me out to be, who wanted his money, wouldn’t I have married him and had his pension for the rest of my life? And I didn’t do that," said Allard, 39, who is married but separated, with two children.

Full Article and Source:
Court Papers: Retired Judge Financially Victimized by Two Women

See Also:
Controversy for Councilor

Guilty of Bilking Elderly Out of $1.9 Mil

A Clinton County man pleaded guilty to running a Ponzi scheme that prosecutors say bilked elderly people of more than $1.9 million.

Lavern Huelsmann, 44, pleaded guilty to mail fraud and engaging in fraudulent financial transactions.

He will be sentenced July 26. The charges carry a maximum sentence of 30 years in prison and a fine up to $500,000. In addition, prosecutors are seeking the forfeiture of $1.9 million in "funds representing the value of criminally obtained proceeds."

Full Article and Source:
Trenton Man Pleads Guilty to Bilking Elderly Out of $1.9 Mil

Ex-Judge Disbarred for Abuse More Than 30 Years Ago

The Delaware Supreme Court ordered the disbarment of a former judge who admitted earlier this year to sexually abusing an 11-year-old boy more than 30 years ago.

William C. Bradley Jr.'s disbarment was based on a "professional misconduct involving moral turpitude," according to the one-page order the state's highest court.

Neither Bradley, 72, nor his attorney, Mason Turner, could be reached for comment.

A week after resigning as Court of Common Pleas judge in January, Bradley admitted to molesting Gregory Kelly at his home: "On or about the evening of Dec. 28, 1975, and Dec. 29, 1975, while present in my home located in Townsend, Delaware, I molested Gregory Kelly, then age 11, through inappropriate sexual contact. I deeply regret any harm I have caused to Gregory Kelly and his family."

The statement, and an undisclosed cash payment, were part of a settlement arising out of a lawsuit filed by Kelly in U.S. District Court in Wilmington.

Full Article and Source:
Delaware Courts: Ex-Judge Disbarred for Abuse

Can You Hear Us Now?

Cuz it’s only gonna get louder!!!

Jeremy Baker of Knee Deep sports FDT shirt in Conway, Arkansas.

Source:
FreeDannyTate

See Also:
Friends For Danny Tate's Defense

Conserved School Trustee Vows to Continue Serving

A judge continued a financial conservatorship for Lodi Unified School District trustee Harvey Bills Sr., and asked him to surrender his driver's license, which he did.

Soon, the 72-year-old trustee will enter an assisted living residence. Even so, Bills said outside court that he plans to return to the board of trustees, from which he is on leave.

"I'll be back on the board," he said after the court proceedings. He then smiled and pointed to his brain as he added, "I'm still the same as I was 20 years ago."

Bills began a leave of absence in March. The proceedings Thursday mean that decisions over his own finances will continue to be made by family members, not Bills himself. In sworn court papers, his wife, Donna Bills, stated he suffers from dementia and cannot handle his own financial affairs.

That's raising questions among some in Lodi Unified, a district beset with massive financial challenges.

After being informed of [the] court proceedings, Vice President Joe Nava said it would be in the best interest of the board for Bills to step down for good.

"If he's incapable of making decisions, he should resign. That's the best scenario. We would carry on any board policy as needed," Nava said.

Full Article and Source:
Despite Conservatorship and Giving up License, Lodi Unified Trustee Harvey Bills Says He Will Return to the Board

See Also:
Lodi Unified Trustee Will Not be Paid During Leave

Lawyer Pleads Guilty to Theft but Claims He Must Keep Practicing

A longtime Utah lawyer has pleaded guilty to a felony count of theft concerning $346,248 he allegedly stole from a client, according to the Park Record.

But in order to make restitution, Gary William Nielsen, 66, will need to keep practicing, his lawyer says.

"I would expect that he would be allowed to practice for the foreseeable future but I am certain that our bar association will take some action at some point, especially since it involves the practice of law," attorney Greg Skordas told the newspaper today. "That's a two-edge sword because if they take his bar license away then he is going to have a hard time making restitution."

Nielsen faces a maximum prison term of 15 years when he is sentenced in June.

Full Article and Source:
After Pleading Guilty in $346K Client Theft, Lawyer Must Keep Practicing to Make Restitution

Guardian Faces Theft Counts

She was appointed to look after the health and wealth of the elderly and disabled -- to help those who couldn't help themselves.

Her title was rather authoritative. She was, according to state law, a guardian-conservator.

Authorities say she neither guarded nor conserved.

Instead, Dinah Turrentine-Sims pilfered the life savings of at least six people to the tune of more than $350,000, according to court records.

She took more than $240,000 from one elderly South Omaha couple -- a truck driver and his artist wife who had worked long and saved hard to put their three sons through college, police say. She withdrew chunks of their money from a Council Bluffs casino ATM -- at times, more than $1,000 a day, according to police reports.

All the while, Turrentine-Sims was operating under the supervision -- or lack thereof -- of Nebraska judges, primarily in Douglas County Probate Court.

No one checked her bank accounts. No one made sure she had the court-required separate accounts for people in her care. No one scrutinized her annual reports. No one spotted the inflated numbers and unusual entries in her ledger.

Now, Turrentine-Sims sits in a Texas jail, awaiting transfer to Douglas County on two counts of felony theft and two counts of abuse of a vulnerable adult.

And those close to the case -- including a local attorney and Douglas County Attorney Don Kleine -- are calling for a review of the law and the courts that are supposed to protect society's most vulnerable.

“There's always going to be people who are going to prey on people,” said Omaha attorney John Kinney, who is representing one of the families who lost thousands. “The question is: In the greatest justice system in the world, how are these people's assets not protected? How is this allowed to happen?”

Jerry and Sophie Kresl on vacation in Hawaii, before his diabetes and dementia and her escalating health problems necessitated that they receive outside care. Authorities now say $240,000 of the Kresls' assets were reduced to $343 after conservator-guardian Dinah Turrentine-Sims was appointed to them.

Full Article and Source:
Guardian Faces Theft Counts

Exploitation of the Elderly is a Continuing Problem

Introductory remarks by Judge Walter J. Clarke: After a seminar given by Abraham Nievod Ph.D., J.D., on Undue Influence, I summarized his presentation for fellow Probate Court judges and share them again in this article. Exploiters of the elderly include the career criminal, a fiduciary, a care giver and family members. The fiduciary could be a conservator, doctor, accountant, attorney, executor or trustee. Common patterns which exploiters utilize to achieve their goal of exploiting the elderly include the use of the following:

Isolation: Exploiters use isolation to control all forms of communication to and from an elderly person. When friends and family call, they are invariably told by the exploiter that the elderly person is sleeping, ill, indisposed, at the doctor or some other excuse. When friends attempt to see them, they are turned away by the exploiter at the door. The elderly person is often induced into changing from long-trusted family lawyers, physicians, accountants or other professionals to the exploiter's cohorts.

The Siege Mentality: Exploiters attempt to convince their victims that only they can protect them from outside hostile forces. At the same time, the exploiter tries to convince the elderly person that former friends and family members are no longer interested in them or that they have become hostile, uncaring, or are only interested in the elderly person's money. If the elderly person is mentally alert, then the exploiter may cause them to be injured to the extent that they become physically dependent upon the exploiter. The exploiter may also administer incorrect medication to further diminish the victim's mental abilities.


Full Article and Source:
Keith Wood: Exploitation of the Elderly a Continuing Problem

Sun Valley Group Has the Nerve to Ask Judge to Sanction Marie Long's Attorneys

A Maricopa County probate judge has been asked to punish a pair of attorneys in the case of the old lady who was worth $1.3 million and now depends on taxpayers for support.

No, it's not the attorneys who collected tens and even hundreds of thousands dollars from the old lady's trust who could be in trouble.

It's the attorneys who worked for free, the ones who tried to stop the wholesale draining of Marie Long's account, who could be on the hook.

Sun Valley Group is asking that attorneys Pat Gitre and Dan Raynak be sanctioned and ordered to pay $13,518 of the company's legal fees for suing Sun Valley.

This, apparently, is what you get in probate for trying to advocate for a defenseless widow.

Meanwhile, there is a glimmer of good news for Marie, who came under the protection of probate court after having a stroke in 2005. She may have a shot at getting some of her money back. It seems Pro-tem Judge Lindsay Ellis slipped up and didn't approve the final $66,000 Sun Valley contends it's owed -- for 13 months of guardian work in December 2008 and 2009 – before washing her hands of the case last month. She also didn't approve nearly $38,000 requested by one of Sun Valley's attorneys for work in the 10 months before Marie's trust was finally sucked dry. This, according to the court commissioner who inherited the case.

It now appears that Ellis only allowed a small army of probate “protectors” to collect $786,000 from the old lady -- fees Ellis deemed “reasonable, necessary and for the benefit of the ward” – not the nearly $890,000 as originally thought.

Full Article and Source:
Probate Court Asked to Sanction Attorneys in Marie Long Case

See Also:
Review of Probate Court Ordered

Editor's Note: [Reporter Laurie] Roberts' sister, Appellate Court Judge Ann Timmer, is chairing a committee to review Probate Court practices. The Republic is disclosing the relationship to avoid any perception of a conflict of interest.

Ugly Family Dispute

An ugly family dispute resulted in a lawsuit filed in Lincoln County District Court and drew into the spotlight two oft[en] cited but perhaps not clearly understood legal roles.

At the center of the dispute is 92-year-old Alice McPherson. Her daughters Angeline Milroy and Maria Fleecs filed the lawsuit against Teresa Piccolo. Piccolo is McPherson’s granddaughter and Milroy’s daughter. A source close to the case identified Piccolo as the primary, if not sole, caregiver to McPherson.

Also named in the lawsuit were North Platte attorneys Mike Nozicka and Tim Brouillette, McPherson’s conservator and legal guardian, respectively.

Though the attorneys were named as defendants in the legal capacities, no allegations of malfeasance were leveled at either one and the alleged instances of wrongdoing listed in the complaint all transpired prior to the attorneys being appointed by Judge Kent Turnbull.

The suit alleged that Piccolo took advantage of McPherson’s inability to make rational decisions concerning her finances and property.

McPherson began to exhibit signs of chronic dementia and Alzheimer’s in January 2007, affecting both her long and short-term memory, according to the document.

The legal problems began January 29, 2009, one day after McPherson’s husband of many years, Cliff, passed away. The suit stated that Piccolo drove McPherson to the office to attorney Mike McCarthy, where McPherson signed documents granting Piccolo power of attorney over the former’s healthcare.

Fleecs and Milroy alleged that on February 20, 2009, Piccolo took McPherson to attorney Steve Vinton’s office in Gothenburg and secured durable power of attorney, and that Piccolo accepted the appointment without the knowledge, consent, or authority of Fleecs and Milroy.

That same day McPherson signed a joint warranty deed to her home, naming herself and Piccolo as joint tenants, reserving a life estate for McPherson, according to the document.

McPherson also altered her will on Feb. 20, revoking her previous will from 1959. The original document transferred her property to her two daughters, and had a one third interest to her husband’s son Terald. The terms of the new will were not listed in the complaint.

The lawsuit claimed that McPherson was not mentally competent on the dates she made the transfers and that after the documents were executed, “Alice McPherson was not aware of these documents.”

Milroy and Fleecs accused Piccolo of exercising undue influence on McPherson.

Full Article and Source:
Ugly Family Dispute Turns Legal

Isolated From Her Family

Dorothy Driesen, a 90 year old widowed Mother, has had her estate taken away from her by court decree and forced to reside at a nursing home that has had multiple felony accounts charged against it in 2003.

The judge took our Mother into his chamber, asked her a few questions and then declared her incompetent, fired her son as Trustee, appointed a bank to be her new Trustee and set a court appointed guardian over her. All of this happened within one days time upon the filing of court documents by the wannabe guardian and friend of the court.

After this drastic and unbelievable event in the local district court, the two sons of our Mother have been falsely accused of various things and incarcerated on three separate occasions. To add insult to injury, the two sons of our Mother and their families have not been able to visit their Mother since August of 2008.

The last call that was made from our Mother during New Years weekend in 2009 was a call of desperation in which our Mother claimed her life was in danger and she pleaded with us to get her out of this nursing facility. That is the last time that the family of our Mother has heard her voice. Mail that the family tries to send our Mother is received by the guardian and does not seem to reach or Mother.

Shortly after our Mother was incarcerated in this nursing home after the disastrous court decision, the family would attempt to visit our Mother and shortly after we would arrive, either the guardian would show up standing in the door way and demand that we leave or the town police officer would show up and demand the same.

The family of our Mother is still fighting off attacks made on us by the county court system which is bleeding us dry financially. We are currently looking to reverse the decision of the district court regarding our Mother's Irrevocable Trust and we are looking to gain a court order from Federal Court to restore our Mother's rights per the Nursing Home Reform Act of 1987.

Source:
Dorothy Driesen, South Dakota Victim

Guilty of Torture and Elder Abuse

A former nursing home worker accused of body-slamming one 78-year-old woman and encouraging wheelchair-confined residents of a pricey assisted-living facility to fight was found guilty Thursday of torture and elder abuse.

Jurors deliberated for less than a day before convicting Cesar Ulloa.

"He attacked the most vulnerable people, and he laughed while doing it. This was sport for him," Deputy District Attorney Robin Allen with the Elder Abuse Unit said.

The Silverado Senior Living facility in Calabasas specializes in caring for people with dementia and charges $70,000 a year or more for care, prosecutors said.

Ulloa, 21, preyed on residents who were unable to tell anyone about the abuse because they suffered from dementia or other conditions, witnesses testified during the trial.

He came under suspicion after the 2007 death of Elmore Kittower. The day after his funeral, his widow got a telephone call from the mother of a worker at the home, who told her that her husband had been beaten to death.

The body was exhumed and found to have several broken bones. An autopsy concluded that he had been abused for months and blunt force trauma contributed to his death.

The jury convicted Ulloa of seven counts of elder abuse and one count of torture. He was also accused of jumping on the chest of the 78-year-old woman.

The retirement home has denied any wrongdoing.

Ulloa was fired from the facility for unrelated reasons and has been jailed since his arrest in 2008. He faces a life sentence when he's sentenced on May 26.

Full Article and Source;
Ex-Worker Guilty of Torturing Elderly in CA

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Former Nursing Home Employee Stands Trial for Elder Abuse and Torture

Woman Pleads Not Guilty to Exploitation

Becky Lynn Vandal, 49, was charged with the Class A felony for allegedly getting an elderly man with dementia to give her more than $100,000.

Vandal has been accused of taking Dr. Gerd Ebel, 85, to a Wells Fargo bank on Jan. 6 to transfer $110,424.41 from a CD into her account. Ebel, who died Feb. 12, had been in the hospital from Dec. 31 to Jan. 5, when a doctor found in a neuropsychological evaluation that Ebel was not competent to make decisions due to dementia.

Vandal told officers she was aware of the doctor’s findings.

Vandal’s next court appearance is slated for May 3.

Source:
Bismarck Woman Pleads Not Guilty to Exploitation of a Vulnerable Adult

Mahoning Co. Probate Court Employee Being Investigated

An employee of the Mahoning County Probate Court has been placed on unpaid administrative leave pending an internal court investigation.

Donald D. Gaudio Jr., 48, deputy clerk and guardianship investigator, was placed on leave and has turned in his court credentials, Judge Mark Belinky announced.

The investigation, which should be completed in about two weeks, is being headed by Richard Burgess, the court’s chief magistrate, Judge Belinky said. The probe appears to involve only Gaudio, Judge Belinky added.

The court has obtained information on Gaudio’s employment and must determine whether Gaudio “has engaged in any inappropriate behavior during his employment with this court,” Judge Belinky wrote without elaborating in a Monday judgment entry.

The judge said he made the probe public because of rumors circulating about it. Judge Belinky said it is “unfair and distracting to the other employees of the court to be the subject of innuendos and rumors.”

On his job application, Gaudio said he wasn’t related to any current elected or appointed county official, had a valid driver’s license, and had never been dismissed or asked to resign from employment.

Gaudio also said he had never been convicted of a felony involving dishonesty, false statements, violence or offenses of moral turpitude.

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Probe of Probate Worker Begins

Court Works to Encourage Settlements

When Riverside attorney Joseph P. Myers went to law school in the late 1960s, he recalled there were no courses in mediation. Civil litigation lawyers were expected to be warriors in court.

Now Myers is one of about 90 attorneys in the Riverside County court's alternative dispute resolution program, committed to getting cases settled by a sort of diplomatic shuttling between parties to see if they can reach an agreement.

"It is not easy, going from protecting clients' interests and beating the other side to suggesting compromises" when he is called from his trial lawyer work to act as a mediator, Myers said.

While the program is not quite a year old, and not enough numbers have returned to define how it is doing, participating lawyers such as Myers say it is making a big difference in Riverside's once-jammed civil courts.

The mediation program began in April 2009, just as the Riverside County courts started moving civil cases more quickly to trial after years of backlog while criminal cases were heard in civil courts.

Full Article and Source:
Court Works to Encourage Settlements