Choking back tears, Lewis Freeman faced his wife and children in federal court and apologized for committing a $2.6 million theft that would send him to prison.
"Parents try to teach their kids how to live their lives," he said Friday. "Abigail and Jeremy, I know you're smart enough to see the example I've set and not to follow it. The example I've set for you shows that money means nothing and honor is everything. I know you both will do great. I love you."
With his family weeping behind him, the prolific court-appointed receiver and trustee turned to the judge to accept his fate.
"My life is in your hands, your honor," he said. "I hope you will allow me to return to my family when it's not too late."
U.S. District Judge Paul C. Huck sentenced Freeman, 61, to 10 years, including 21 months of house arrest after prison. Freeman pleaded guilty to conspiracy to commit mail fraud in March after admitting he took $2.6 million from court-supervised accounts and misappropriated at least $6 million by shifting money among accounts he was appointed to oversee.
After pronouncing sentence, Huck allowed Freeman 15 minutes for a tearful goodbye to his family before he went into custody to begin serving his term.
Full Article and Source:
Former Court-Appointed Receiver Gets 10-Year Sentence
Saturday, July 31, 2010
Judge Campbell Suspended, Then Resigns
Van Wert Municipal Court is looking for a new judge after Phil W. Campbell resigned his position on Thursday after the Ohio Supreme Court Board of Commissioners on Grievances and Discipline handed down his punishment stemming from judicial misconduct charges in 2009.
Campbell had his law license suspended for 12 months, with six months of the sentence stayed provided no other violations occurred during that period, after he was already seated at the bench for the morning session on Thursday. The sanction was essentially the same as was worked out at the Ohio Supreme Court Board of Commissioners on Grievances and Discipline last year.
Rumors soon after the decision that Campbell had submitted his resignation to Governor Ted Strickland were confirmed by the Court late Thursday afternoon. According to Chris Davey of the Ohio Supreme Court Public Information Office, the letter was received late in the day.
"I am choosing to retire from my position as Van Wert County Municipal Court Judge, effective this date," started the letter.
In the slip opinion, the Court listed, "Judicial misconduct - Discipline - Improper investigation of a criminal manner - Failure to act in courteous, dignified manner - Improper use of judicial office to pressure persons into action - Improper handling of indigency determinations..."
The Court determined that Campbell had committed 14 violations of the former Code of Judicial Conduct and the Code of Professional Responsibility, including one violation of Canon 1 (A judge shall uphold the integrity and independence of the judiciary), nine violations of Canon 2 (A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary), one violation of Canon 3(B)(2) (A judge shall be faithful to the law and maintain professional competence in it), and three violations of Canon3(B)(4) (A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control).
Full Article and Source:
Judge Campbell Suspended, Then Resigns
Campbell had his law license suspended for 12 months, with six months of the sentence stayed provided no other violations occurred during that period, after he was already seated at the bench for the morning session on Thursday. The sanction was essentially the same as was worked out at the Ohio Supreme Court Board of Commissioners on Grievances and Discipline last year.
Rumors soon after the decision that Campbell had submitted his resignation to Governor Ted Strickland were confirmed by the Court late Thursday afternoon. According to Chris Davey of the Ohio Supreme Court Public Information Office, the letter was received late in the day.
"I am choosing to retire from my position as Van Wert County Municipal Court Judge, effective this date," started the letter.
In the slip opinion, the Court listed, "Judicial misconduct - Discipline - Improper investigation of a criminal manner - Failure to act in courteous, dignified manner - Improper use of judicial office to pressure persons into action - Improper handling of indigency determinations..."
The Court determined that Campbell had committed 14 violations of the former Code of Judicial Conduct and the Code of Professional Responsibility, including one violation of Canon 1 (A judge shall uphold the integrity and independence of the judiciary), nine violations of Canon 2 (A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary), one violation of Canon 3(B)(2) (A judge shall be faithful to the law and maintain professional competence in it), and three violations of Canon3(B)(4) (A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control).
Full Article and Source:
Judge Campbell Suspended, Then Resigns
Carel Bainum Under Fire Again
A Warwick woman who is facing a civil-fraud suit for what the Rhode Island Supreme Court has termed “a troubling scenario of money, deceit and financial abuse” of a man who died at age 98 has now become the focus of two more court cases involving a 94-year-old man who is in a locked dementia ward of a Coventry nursing home. One of the court cases charges the woman, Carel Callahan Bainum, with criminal trespass at the Coventry Skilled Nursing and Rehabilitation Center where Michael Koczan, an Air Force veteran who suffers from severe cognitive impairment and a host of physical problems, has resided for the past several months. Warwick’s onetime animal control supervisor, Bainum, 62, has pleaded not guilty and is demanding a jury trial.
The other case is a guardianship that last week, after a testy hearing, culminated with a judge giving Koczan’s daughter control over every aspect of her father’s life — financial and health-care decisions as well as decisions over whom he has relationships with. The court made this ruling after it heard testimony about the disruptive and allegedly dangerous influence Bainum has had over Koczan.
The guardianship petition was originally filed by the state’s mental-health advocate, H. Reed Cosper, who says in court papers that Koczan “is being exploited” by Bainum, a person “who has a history of financial and emotional exploitation of elderly men, particularly veterans.”
Full Article and Source:
Warwick Woman Under Fire in Court, Again, Regarding 94-Year-Old Nursing Home Patient
See Also:
Supreme Court Upholds
Friday, July 30, 2010
WI Supreme Court Strips Leonard Brady of His Law License and Orders Him to Pay Over $1mil Resitution
Queener Guardianship Decided
A judge awarded guardianship of 79-year-old Bob Queener of Des Moines to his niece and a state senator, ending a seven-month battle with the Iowa Department of Human Services over who should oversee his health, housing and general well-being.Polk County Associate Probate Judge Ruth Klotz appointed guardianship of Queener, who has dementia, to Cheri Jensen of Altoona and Sen. Dennis Black, D-Lynnville, overruling DHS’s opposition.
“Now we’re able to work on filling his bucket list,” said Jensen, who celebrated today’s news with her uncle and several relatives. “Bob’s welfare is what this means to me. He’s still able to walk and talk, and why keep him locked away just because we have a short-term memory problem?”
Queener’s relatives spoke out publicly after a DHS worker removed him from his home Dec. 8 without notifying any family members, who panicked when they discovered he was missing.
The court-approved emergency removal led to a series of decisions that were outside the family’s control. Queener was isolated for months in locked psychiatric and nursing home units, unable to leave on family outings. A court-appointed conservator began to dispose of Queener’s possessions without his knowledge – including memorabilia from his military service – then put up for sale the mortgage-free house he’d kept tidy for four decades.
In her ruling Wednesday, Klotz made a point to say that despite criticism about what happened to Queener, she believes DHS officials followed the law “in all instances.” Klotz also defended the two volunteers the court appointed to serve as guardian and conservator.
Full Article and Source:
Court Awards Guardianship Over Bob Queener to His Niece, State Senator
View Judge Ruth Klotz' Ruling
See Also:
Update on Bob Queener Case
Thursday, July 29, 2010
Growing Concerns About IL Public Guardian
The last years of Edna's life had been difficult. After social workers noticed signs of dementia, a judge ordered she be placed under the care of Kane County's public guardian. Less than a year later, she was put in a nursing home. Her house and many cherished possessions were sold when officials decided she was running out of money.
Edna lived alone. She had never married and had no children. But she knew finances: At the time of her retirement in 1979, she was one of only two women in the country to be certified by Registered School Business Administrators.
"She was a woman before her time," Rollins Principal Karen Hart said. "She was very proud of the fact that she could play with the boys and was well-respected."
Dave Rollins insists his aunt had planned for her financial future, even a long one. Yet her home was sold, according to court documents, due to her "rapidly depleting" funds. That assessment was made by the county's public guardian and OK'd by a Kane County judge. However, when the public guardian's accounting of Edna's assets was turned in -- five months after the decision to put the house up for sale, according to court documents -- the report indicated the elderly woman held about $500,000 in investments and property, plus yearly pension benefits.
Dave Rollins, a bank regulator with the U.S. Department of the Treasury who lives in New Jersey, is among a growing list of critics of Kane County Public Guardian Christine Adelman and the loosely monitored system under which she operates.
That list includes wards of the county, friends, family and neighbors of those currently under the guardian's control and lawyers working in the system. While most wards agree they need some help attending to financial or medical needs, some have serious concerns about the person in charge of their lives.
"They claim they are protecting me, but they are costing me hundreds of dollars and I never asked them to do it," said C. Elvan "Doc" Olmstead of Elgin in an interview with The Courier-News before he died in March.
Longtime friends say they are kept from interacting with the wards.
"If you dare question anything they are doing, how they are spending (the ward's) money, you are immediately put in the role of bad person," said Lauren Knight of Elgin, who was recently threatened with jail time if she had contact with a former neighbor she was concerned about.
Full Article and Source:
Growing Concerns Over Public Guardian's Loosely Defined Roles in the End
Edna lived alone. She had never married and had no children. But she knew finances: At the time of her retirement in 1979, she was one of only two women in the country to be certified by Registered School Business Administrators.
"She was a woman before her time," Rollins Principal Karen Hart said. "She was very proud of the fact that she could play with the boys and was well-respected."
Dave Rollins insists his aunt had planned for her financial future, even a long one. Yet her home was sold, according to court documents, due to her "rapidly depleting" funds. That assessment was made by the county's public guardian and OK'd by a Kane County judge. However, when the public guardian's accounting of Edna's assets was turned in -- five months after the decision to put the house up for sale, according to court documents -- the report indicated the elderly woman held about $500,000 in investments and property, plus yearly pension benefits.
Dave Rollins, a bank regulator with the U.S. Department of the Treasury who lives in New Jersey, is among a growing list of critics of Kane County Public Guardian Christine Adelman and the loosely monitored system under which she operates.
That list includes wards of the county, friends, family and neighbors of those currently under the guardian's control and lawyers working in the system. While most wards agree they need some help attending to financial or medical needs, some have serious concerns about the person in charge of their lives.
"They claim they are protecting me, but they are costing me hundreds of dollars and I never asked them to do it," said C. Elvan "Doc" Olmstead of Elgin in an interview with The Courier-News before he died in March.
Longtime friends say they are kept from interacting with the wards.
"If you dare question anything they are doing, how they are spending (the ward's) money, you are immediately put in the role of bad person," said Lauren Knight of Elgin, who was recently threatened with jail time if she had contact with a former neighbor she was concerned about.
Full Article and Source:
Growing Concerns Over Public Guardian's Loosely Defined Roles in the End
Elderly Caught in the Middle of Debate Over Fate
It's people like Fay who make me glad I changed all those diapers or made all those peanut butter sandwiches over the years. Or people like Edna. And Margaret. And Doc, who you'll also meet in the series of stories today about the public guardian system in Kane County
None of those elderly folks had children who could have stepped up to the plate as it became apparent they needed help maneuvering through the final chapters of their lives.
Not that raising a gaggle of kids is going to keep things from going south in our old age. There's plenty of examples where manipulative, apathetic or scrapping offspring abandon — or even worse — take advantage of Mom or Pop as aging brain cells turn to mush.
And so, right or wrong or somewhere in between, that role in the lives of Fay, Edna, Margaret and Doc fell to the public guardian.
It's not a place anyone wants to end up in their golden years. Suddenly, your fate is in the hands of perfect strangers — paid officials who include a judge and a battery of attorneys charging you up to $280 an hour.
Full Article and Source:
Elderly Caught in the Middle of Debate Over Fate
More Information:
Age Old Question: Does Public Guardian Have Too Much Power in Kane County?
What is the Public Guardian's Office?
Friend or Foe - Well-Intended Loved Ones Can Complicate Guardian Role
Rights Vs. Needs - Guardian System Must Balance Ability, Individuality
From the Storytellers
Wednesday, July 28, 2010
Probate Judge Rules Land Trusts Valid; Heirs to Appeal
New Britain Probate Judge Walter Clebowicz ruled that two trusts that gave a dead woman's land to three local churches can't be changed or revoked.
The 80 acre-parcel is valued at $2 million and is needed for plans to build a $118 million sports arena in the town's northeast corner.
Clebowicz had been asked to rule on the establishment of the trusts by Smoron's heirs who claim they were not notified of a May 12, 2009 hearing.
Then conservator John T. Nugent applied to Southington Probate Court Judge Bryan Meccariello for permission to create and fund the trusts and received it at the May hearing.
Meccariello has since said he approved the creation of the trusts but did not authorize their funding. He also said he erred by not notifying the potential heirs of the hearing and recused himself from the case in February 2010.
The Council on Probate Judicial Conduct has determined there is probable cause of judicial misconduct by Meccariello. A public hearing is set for September.
Full Article and Source:
Probate Judge Rules Land Trust Valid; Heirs' Attorneys to Appeal
See Also:
Judicial Council Finds Probable Cause Against Probate Judge
The 80 acre-parcel is valued at $2 million and is needed for plans to build a $118 million sports arena in the town's northeast corner.
Clebowicz had been asked to rule on the establishment of the trusts by Smoron's heirs who claim they were not notified of a May 12, 2009 hearing.
Then conservator John T. Nugent applied to Southington Probate Court Judge Bryan Meccariello for permission to create and fund the trusts and received it at the May hearing.
Meccariello has since said he approved the creation of the trusts but did not authorize their funding. He also said he erred by not notifying the potential heirs of the hearing and recused himself from the case in February 2010.
The Council on Probate Judicial Conduct has determined there is probable cause of judicial misconduct by Meccariello. A public hearing is set for September.
Full Article and Source:
Probate Judge Rules Land Trust Valid; Heirs' Attorneys to Appeal
See Also:
Judicial Council Finds Probable Cause Against Probate Judge
CT Confidential: Ethics Judge Faces Charges
A probate judge who provides training to other judges on ethics, Bryan F. Meccariello, now faces misconduct charges arising from his approval to change the will of a woman without bothering to tell the man who was due to inherit much of her estate.This is the same probate system that tells you that all my complaints about probate misconduct are the rants of an extremist. One of their own ethics "experts" has been nabbed abusing the system. In this case, Meccariello approved the change in a will at a hearing nobody was informed of.
Full Article and Source:
CT Confidential: Probate "Reform" -- Ethical Judge Faces Charges
Tuesday, July 27, 2010
Judge Sets New Tone for Guardianships
Problems found in the management of wards under the county's care are being addressed, according to District Judge Dave Gamble, who took responsibility for some of the issues in an interview.
“My first reaction when I saw some of the shortcomings was how I could have let certain things happen,” Gamble said about guardianships managed by Public Administrator Lynn EnEarl. “We tend to get into auto-pilot mode, and one of the things I made clear was that I myself have the ultimate duty with regard to these wards.”
EnEarl didn't file annual reports on her wards or inventories in cases where she was named guardian by the court. The reports and inventories are required by state law, but EnEarl's attorney, Mike Rowe, said that in some cases judges waived the requirement.
The issues with the public administrator were brought to light by Special Advocates For the Elderly, who were appointed by Gamble and District Judge Michael Gibbons.
Gamble said he felt that the court and the public administrator have a duty to the wards, and he laid down new rules for dealing with them.
“Certainly, there were shortcomings in the performance of Ms. EnEarl, but I believe those have been corrected and that all of us involved in guardianship cases have realized that we have not had the day-to-day needs of the ward foremost in our minds,” he said. “It was not just Ms. EnEarl's fault. It was just as much mine as the ultimate authority in these cases. When a practice over decades has gotten into a pattern, it's tough to break yourself out of that pattern. The SAFE advocates helped us break the pattern.”
Gamble said that he gave EnEarl direction for the care of the wards. He credited the Special Advocates For the Elderly for their help.
“It has been a boon for the system in Douglas County and led to a much better protective system for the wards,” he said. “My perception is that this has been really positive.”
Full Article and Source:
Judge Sets New Tone for Guardianships
See Also:
More Cases Against Public Administrator
“My first reaction when I saw some of the shortcomings was how I could have let certain things happen,” Gamble said about guardianships managed by Public Administrator Lynn EnEarl. “We tend to get into auto-pilot mode, and one of the things I made clear was that I myself have the ultimate duty with regard to these wards.”
EnEarl didn't file annual reports on her wards or inventories in cases where she was named guardian by the court. The reports and inventories are required by state law, but EnEarl's attorney, Mike Rowe, said that in some cases judges waived the requirement.
The issues with the public administrator were brought to light by Special Advocates For the Elderly, who were appointed by Gamble and District Judge Michael Gibbons.
Gamble said he felt that the court and the public administrator have a duty to the wards, and he laid down new rules for dealing with them.
“Certainly, there were shortcomings in the performance of Ms. EnEarl, but I believe those have been corrected and that all of us involved in guardianship cases have realized that we have not had the day-to-day needs of the ward foremost in our minds,” he said. “It was not just Ms. EnEarl's fault. It was just as much mine as the ultimate authority in these cases. When a practice over decades has gotten into a pattern, it's tough to break yourself out of that pattern. The SAFE advocates helped us break the pattern.”
Gamble said that he gave EnEarl direction for the care of the wards. He credited the Special Advocates For the Elderly for their help.
“It has been a boon for the system in Douglas County and led to a much better protective system for the wards,” he said. “My perception is that this has been really positive.”
Full Article and Source:
Judge Sets New Tone for Guardianships
See Also:
More Cases Against Public Administrator
Sonoma County Settles Lawsuit Involving Isolation
Sonoma County has agreed to pay $600,000 to settle a lawsuit by an elderly gay man who said social workers kept him from seeing his dying partner in the hospital.Clay Greene, 78, of Guerneville filed a lawsuit earlier this year, claiming the county's Public Guardian program discriminated against him because of his sexual orientation.
Greene accused social workers of denying him hospital visitation rights to see his partner, Harold Scull, despite signed wills, medical declarations and powers of attorney naming each other as spouses. The couple was not married nor registered as domestic partners.
The lawsuit also alleged that after Scull's death, social workers forced Greene into a nursing home and sold the couple's property, including art and heirlooms.
The county's lawyer, Gregory Spaulding, denied the discrimination claims but admitted mistakes in selling the couple's property.
"The county remains confident in its position that there was no discrimination in this case," Spaulding said, noting that the plaintiff removed the discrimination allegations from the lawsuit three weeks ago.
Under the law, officials can sell property worth $5,000 or less to cover medical expenses, but the couple's property sale brought in more than $25,000 at auction, Spaulding said. Errors in that case have led to revised policies at the Public Guardian's office, he said.
Spaulding said the county settled the case Thursday to avoid further expense.
"It just made economic sense to stop the bleeding," Spaulding said. "To end the case and avoid all expenses and costs."
Full Article and Source:
Sonoma Co. Settles Gay Discrimination Suit
See Also:
Victim Sues Sonoma County CA
Hospice Worker Accused of Stealing From Dying Patient
A New Jersey hospice worker has been accused of stealing money from a dying patient. Tristan Chang, 23, allegedly used the hospice patient's ATM card and PIN number to withdraw $700, the full amount the patient had in their account.
Tristan Chang, 23, has been charged with third-degree theft and third-degree hindering apprehension for this particularly heinous form of financial exploitation of the elderly. He faces up to five years in prison and a $15,000 fine.
Full Article and Source:
Hospice Worker Accused of Stealing From Dying Patient
Tristan Chang, 23, has been charged with third-degree theft and third-degree hindering apprehension for this particularly heinous form of financial exploitation of the elderly. He faces up to five years in prison and a $15,000 fine.
Full Article and Source:
Hospice Worker Accused of Stealing From Dying Patient
Monday, July 26, 2010
Fox 6 Investigators: Who Are They Protecting?
Ruth Collins was declared incompetent by Judge Mel Flanagan before the county filed a guardianship case in probate court. Judge Flanagan appointed Collins' daughter, Sandra Wright, to serve as the legal guardian for personal and medical decisions.
Full Article, Video, and Source:
Fox 6 Investigators: Who Are They Protecting?
Full Article, Video, and Source:
Fox 6 Investigators: Who Are They Protecting?
Sunday, July 25, 2010
Former Judge Michael Conahan Pleads Guilty
A former judge in northeastern Pennsylvania pleaded guilty Friday to a racketeering conspiracy charge for his role in a kickback scheme that put juvenile defendants, many without lawyers, behind bars for sometimes minor offenses. Michael Conahan, 58, faces up to 20 years in prison after his plea in Scranton federal court. No sentencing date was set.
Court documents do not indicate if Conahan will testify against the other former Luzerne County judge charged in the case, Mark Ciavarella Jr. Conahan's lawyer, Philip Gelso, declined to comment Friday.
Ciavarella has maintained his innocence and plans to go to trial.
Prosecutors accuse the pair of taking $2.8 million in kickbacks from two private detention facilities. Conahan, as president judge, shut down a county-owned juvenile center while Ciavarella, the juvenile court judge, filled beds at the for-profit facilities, they charged.
Full Article and Source:
Ex-Pa. Judge Pleads Guilty in Kids-for-Cash Scheme
Judge: Daughter Had No Right to Mother's Money
A Wayne County judge says a Houston woman had no right to take $500,000 from the bank accounts of her now 95-year-old mother in 2008.
Wednesday's decision by Probate Judge David Szymanski means lawyers for M. Louise Stanton can file court papers to go after the assets of Janice Stanton Hines, 58, whom Szymanski jailed for contempt of court in December for refusing to repay the money. Stanton Hines is still in jail.
"The court finds that these assets belong to M. Louise Stanton," Szymanski said in an eight-page decision. He rejected Stanton Hines' claim that her mom gave her the money.
"I'm ecstatic," Charlene Glover-Hogan of Detroit, the mother's court-appointed lawyer, said Wednesday.
"I couldn't imagine doing anything like that to my parents," Glover-Hogan added.
The mother's court-appointed guardian, Steven Geller of Royal Oak, said he will take steps to have a judgment entered against Stanton Hines, enabling him to seize her assets.
Court papers say Stanton Hines, a disaster relief coordinator in Houston, withdrew nearly $800,000 from M. Louise Stanton's accounts after her mother added her and another daughter's names to them. When the other daughter confronted Stanton Hines, she returned $286,000, leaving a $500,000 shortfall.
Full Article and Source:
Judge: Woman Had No Right to Mother's Money
Wednesday's decision by Probate Judge David Szymanski means lawyers for M. Louise Stanton can file court papers to go after the assets of Janice Stanton Hines, 58, whom Szymanski jailed for contempt of court in December for refusing to repay the money. Stanton Hines is still in jail.
"The court finds that these assets belong to M. Louise Stanton," Szymanski said in an eight-page decision. He rejected Stanton Hines' claim that her mom gave her the money.
"I'm ecstatic," Charlene Glover-Hogan of Detroit, the mother's court-appointed lawyer, said Wednesday.
"I couldn't imagine doing anything like that to my parents," Glover-Hogan added.
The mother's court-appointed guardian, Steven Geller of Royal Oak, said he will take steps to have a judgment entered against Stanton Hines, enabling him to seize her assets.
Court papers say Stanton Hines, a disaster relief coordinator in Houston, withdrew nearly $800,000 from M. Louise Stanton's accounts after her mother added her and another daughter's names to them. When the other daughter confronted Stanton Hines, she returned $286,000, leaving a $500,000 shortfall.
Full Article and Source:
Judge: Woman Had No Right to Mother's Money
Saturday, July 24, 2010
Are Regulators Cracking Down on Elder Abuse Medicare Fraud?
California State health insurance regulators are cracking down on insurance brokers who prey on elderly consumers confused by new federal health insurance rules.
On Tuesday, the Department of Managed Health Care took steps to bar a Folsom insurance agent from selling Medicare Advantage plans after she allegedly defrauded at least 12 capital-area seniors, who then incurred thousands of dollars in unexpected medical bills.
The agent, identified by state officials as Nadia King, allegedly canceled the existing Medicare coverage of her clients and enrolled them in Medicare Advantage plans run by private insurers.
King could not be reached for comment. She has until the end of the month to appeal the decision to revoke her privilege to sell Medicare Advantage products.
She is one of two dozen agents across the state getting legal scrutiny because of what officials said was deceptive marketing aimed at seniors.
Full Article and Source:
Are Regulators Cracking Down on Elder Abuse Medicare Fraud?
On Tuesday, the Department of Managed Health Care took steps to bar a Folsom insurance agent from selling Medicare Advantage plans after she allegedly defrauded at least 12 capital-area seniors, who then incurred thousands of dollars in unexpected medical bills.
The agent, identified by state officials as Nadia King, allegedly canceled the existing Medicare coverage of her clients and enrolled them in Medicare Advantage plans run by private insurers.
King could not be reached for comment. She has until the end of the month to appeal the decision to revoke her privilege to sell Medicare Advantage products.
She is one of two dozen agents across the state getting legal scrutiny because of what officials said was deceptive marketing aimed at seniors.
Full Article and Source:
Are Regulators Cracking Down on Elder Abuse Medicare Fraud?
Caregiver Arrested for Theft
Erma Jean Williams, 58, is accused of taking vacations, remodeling her home and buying a car - all at the expense of Marian McGlone, the 90-year-old woman she was caring for.
"This lady took advantage of two really good people. My dad and step-mom. They were really good people," said step-son Robert McGlone.
Investigators say over a period of two years, Williams took control of McGlone's estate.
The NBC2 Investigators obtained video taken at an attorney's office. It documents the second to last time Williams tried to get Marian to change her will, just two weeks before she died.
The brothers say the video proves their mother was being taken advantage of.
"It shows she didn't know why she was there, how she got there, she didn't even remember our father's name," said Ronald McGlone.
Due to worries that McGlone wasn't competent, the will wasn't changed that day. But the sheriff's report shows four days later, Williams brought McGlone back to the office.
At that time the will was changed, leaving half of McGlone's trust to Williams.
McGlone died two weeks later.
Investigators say in the end, Williams stole more than $200,000 from the family.
Full Article and Source:
Caregiver Arrested for Stealing Money From Elderly Woman
"This lady took advantage of two really good people. My dad and step-mom. They were really good people," said step-son Robert McGlone.
Investigators say over a period of two years, Williams took control of McGlone's estate.
The NBC2 Investigators obtained video taken at an attorney's office. It documents the second to last time Williams tried to get Marian to change her will, just two weeks before she died.
The brothers say the video proves their mother was being taken advantage of.
"It shows she didn't know why she was there, how she got there, she didn't even remember our father's name," said Ronald McGlone.
Due to worries that McGlone wasn't competent, the will wasn't changed that day. But the sheriff's report shows four days later, Williams brought McGlone back to the office.
At that time the will was changed, leaving half of McGlone's trust to Williams.
McGlone died two weeks later.
Investigators say in the end, Williams stole more than $200,000 from the family.
Full Article and Source:
Caregiver Arrested for Stealing Money From Elderly Woman
Friday, July 23, 2010
'Socially Inept' PA Judge Gets Two Months Suspension
A district judge described by his attorney as "socially inept and challenged with women" was suspended without pay Tuesday for two months for behavior that included calling female lawyers repeatedly and making uninvited visits to their homes or offices.
The Court of Judicial Discipline also placed North East District Judge Gerard Alonge on probation until his current term expires at the end of next year and directed him to continue getting mental health treatment.
The 51-year-old Alonge apologized in court for behavior that the court described as "bizarre and weird" and "conduct akin to 'stalking.'"
"Never did I act or speak with malice, nor did I ever seek to cause distress to the women," Alonge said during a court hearing that included videotaped testimony by lawyers who praised his work as a judge.
Full Article and Source:
"Socially Inept" PA Judge Gets 2 Months Suspension
The Court of Judicial Discipline also placed North East District Judge Gerard Alonge on probation until his current term expires at the end of next year and directed him to continue getting mental health treatment.
The 51-year-old Alonge apologized in court for behavior that the court described as "bizarre and weird" and "conduct akin to 'stalking.'"
"Never did I act or speak with malice, nor did I ever seek to cause distress to the women," Alonge said during a court hearing that included videotaped testimony by lawyers who praised his work as a judge.
Full Article and Source:
"Socially Inept" PA Judge Gets 2 Months Suspension
Complaint Dismissed in Contested Guardianship Action
For more than two years, I have been representing an elderly man in a contested guardianship action. My client’s son claimed that my client was incapacitated, and instituted a guardianship action in the Superior Court of New Jersey, Union County in November of 2007. I opposed that guardianship action on behalf of my client, maintaining that my client was competent and that the son was pursuing the action because he wanted control over his father’s assets.
After more than two years of litigation, and eight days of trial that spanned from March to December of 2009, Union County Superior Court Judge John F. Malone, P.J.Ch., issued his opinion on May 11, 2010, ruling in favor of my client and dismissing the son’s guardianship complaint.
Judge Malone found that my client’s son had failed to meet his burden of demonstrating that my client was incapacitated; instead, Judge Malone declared that my client was “logical, coherent and has good clarity of thought. [He] functions cognitively; he is lucid, alert, he can understand, communicate and remember information.”
Full Article and Source: Complaint Dismissed in Contested Guardianship Lawsuit, Dismissing Complaint Filed By Adult Child
After more than two years of litigation, and eight days of trial that spanned from March to December of 2009, Union County Superior Court Judge John F. Malone, P.J.Ch., issued his opinion on May 11, 2010, ruling in favor of my client and dismissing the son’s guardianship complaint.
Judge Malone found that my client’s son had failed to meet his burden of demonstrating that my client was incapacitated; instead, Judge Malone declared that my client was “logical, coherent and has good clarity of thought. [He] functions cognitively; he is lucid, alert, he can understand, communicate and remember information.”
Full Article and Source: Complaint Dismissed in Contested Guardianship Lawsuit, Dismissing Complaint Filed By Adult Child
Thursday, July 22, 2010
94 Charged in Medicare Scams Totaling $251 mil
Elderly Russian immigrants lined up to take kickbacks from the backroom of a Brooklyn clinic. Claims flooded in from Miami for HIV treatments that never occurred. One professional patient was named in nearly 4,000 false Medicare claims.
Authorities said busts carried out this week in Miami, New York City, Detroit, Houston and Baton Rouge, La., were the largest Medicare fraud takedown in history - part of a massive overhaul in the way federal officials are preventing and prosecuting the crimes.
In all, 94 people - including several doctors and nurses - were charged Friday in scams totaling $251 million. Federal authorities, while touting the operation, cautioned the cases represent only a fraction of the estimated $60 billion to $90 billion in Medicare fraud absorbed by taxpayers each year.
Full Article and Source:
94 Charged in Medicare Scams Totaling $251 mil
Authorities said busts carried out this week in Miami, New York City, Detroit, Houston and Baton Rouge, La., were the largest Medicare fraud takedown in history - part of a massive overhaul in the way federal officials are preventing and prosecuting the crimes.
In all, 94 people - including several doctors and nurses - were charged Friday in scams totaling $251 million. Federal authorities, while touting the operation, cautioned the cases represent only a fraction of the estimated $60 billion to $90 billion in Medicare fraud absorbed by taxpayers each year.
Full Article and Source:
94 Charged in Medicare Scams Totaling $251 mil
Wednesday, July 21, 2010
For Elderly KY Couple, Help at Home Was a Nightmare
In failing health but determined to stay in their Jeffersontown home, Hans and Martha Rau turned several years ago to a personal service business for help with daily needs, including bathing, dressing and housekeeping.
But over a period of 12 months, the couple said, their paid helpers twice defrauded and exploited them.
Tens of thousands of dollars in cash, jewelry and valuables were stolen, including gold bands the couple exchanged before their 1948 wedding, according to the Raus' report to police.
And the workers -- who by law are not authorized to dispense medication -- sometimes mixed the couples' painkillers, overmedicating Martha Rau.
"It was terrible," said Hans Rau, 83, a former teacher who has severe arthritis and Parkinson's disease.
"A lot of things that were stolen were treasures to me,'' said Martha Rau, 81, who has arthritis and dementia.
While the 2009 General Assembly passed a law requiring personal service businesses to be certified with the Cabinet for Health and Family Services, it provides little oversight and few avenues for sanctions.
"It's pretty lame," said the Raus' son, Tom Rau of Jacksonville, Fla. "It needs more oversight."
Full Article and Source:
For Elderly Couple, Help at Home Was a Nightmare
But over a period of 12 months, the couple said, their paid helpers twice defrauded and exploited them.
Tens of thousands of dollars in cash, jewelry and valuables were stolen, including gold bands the couple exchanged before their 1948 wedding, according to the Raus' report to police.
And the workers -- who by law are not authorized to dispense medication -- sometimes mixed the couples' painkillers, overmedicating Martha Rau.
"It was terrible," said Hans Rau, 83, a former teacher who has severe arthritis and Parkinson's disease.
"A lot of things that were stolen were treasures to me,'' said Martha Rau, 81, who has arthritis and dementia.
While the 2009 General Assembly passed a law requiring personal service businesses to be certified with the Cabinet for Health and Family Services, it provides little oversight and few avenues for sanctions.
"It's pretty lame," said the Raus' son, Tom Rau of Jacksonville, Fla. "It needs more oversight."
Full Article and Source:
For Elderly Couple, Help at Home Was a Nightmare
Guardianship of Elderly Texans Examined
Between the years 2000 and 2040, the number of Texans aged 65 and over is expected to increase from two million to seven million, representing 16 percent of the total Texas population. In addition to Texas' aging population, the 2006 American Community Survey conducted by the US Census found that approximately 15 percent of Texans had one or more disabilities. That number will increase as the population ages, placing even more demands on the Department of Aging and Disability Services (DADS) and Adult Protective Services (APS).
The Senate Committee on Jurisprudence, which I chair, recently heard testimony concerning the state's guardianship program implemented by DADS and APS. The hearing was in response to Lt. Governor David Dewhurst's interim charge, which asked the committee to study the efficiency and effectiveness of the guardianship program.
The program has been in the headlines lately as the result of various allegations by Texans, including claims of abuse or neglect within state-run facilities; improper revocation of guardianship status; mistaken determination of incapacity; abuse within the court system; and the mishandling of a ward's estate.
One widely publicized case documented an elderly couple allegedly forced into state custody after an APS investigation led to a judge's determination that they were incapacitated. As a result, the couple lost control of their home, their finances and, ultimately, their lives. This particular case illustrated an increasingly common claim made against the state guardianship program, that it lacks protection for the ward and the ward's estate.
Under the current state guardianship program, APS is charged with investigating allegations of abuse, neglect and exploitation to determine if a public guardian is necessary. Should APS determine that a guardian is appropriate for the situation, APS may refer the case to the DADS guardianship program.
After the referral, APS assists DADS with the process by providing details of the ward's assessment and serving as a resource during probate proceedings.
In the course of providing protective services to elderly and/or disabled Texans, APS may file emergency orders for protective services. These legal actions are presented to statutory probate courts or other courts with probate jurisdiction.
Since any abuse or injustice within the state guardianship program is unacceptable, this issue requires further examination by the Texas Legislature to ensure that elderly and disabled Texans are adequately protected.
Full Article and Source:
Guardianship of Elderly Texans Examined
Scrutiny Returns to Retirement Centers
Advocates Want More Oversight of Communities for Aged; the 'Refundable' Fees That Vanished
A fast-growing sector of senior housing is coming under increased scrutiny in Washington.
On Wednesday, a Senate committee will hold a hearing to discuss mounting concerns about continuing-care retirement communities, or CCRCs, which often charge large upfront fees to seniors in exchange for the promise of lifetime care. The hearing comes on the same day the Government Accountability Office releases a report urging state regulators of the CCRCs to be vigilant in their oversight of the communities.
Full Article and Source:
Scrutiny Turns to Retirement Centers
A fast-growing sector of senior housing is coming under increased scrutiny in Washington.
On Wednesday, a Senate committee will hold a hearing to discuss mounting concerns about continuing-care retirement communities, or CCRCs, which often charge large upfront fees to seniors in exchange for the promise of lifetime care. The hearing comes on the same day the Government Accountability Office releases a report urging state regulators of the CCRCs to be vigilant in their oversight of the communities.
Full Article and Source:
Scrutiny Turns to Retirement Centers
Tuesday, July 20, 2010
'The Killing of John Figg-Hoblyn'
You will probably not read this story in a local Santa Barbara newspaper. For in truth, it takes courage for a paper to even report an on-going atrocity when it involves local people and local businesses—and this story is truly the proverbial ‘tip of the iceberg’. This manner of Elder Abuse stretches far beyond Santa Barbara County and is a growing national concern. I strongly suggest everyone who reads this, should view the website of the National Association to Stop Guardian Abuse (NASGA) listed below. This story begins in March, 2008 when I first began visiting John and Peggy Figg-Hoblyn. They were living a rather carefree life, in an old RV donated to them by a friend. Unlike most people I know, they had no debts and lived fairly comfortably on the $1600.00 a month they received in combined Social Security checks. They enjoyed each day to the fullest, doing the activities that John enjoyed most: hiking as much as ten miles a day, including long walks around Lake Cassitas; frequent visits from friends; reading the bible aloud in a strong, clear voice; attending the church of their choice every Sunday and remaining remarkably healthy and vigorous on what one doctor and a world renowned nutritionist, Patricia Bragg, called, an ideal organic diet.
There are hundreds of people in the Ojai Valley who marveled at the sight of this 82 year old man and his 73 year old sister/companion of 45 years as they were observed hiking for miles at a time, with full back packs. When John suffered a Urinary Tract infection and was admitted to the Ojai Community Hospital, the attending doctor and one of the lab technicians were amazed at the strength of John’s heart and his overall great physical condition. In his report, the doctor mentions talking to John. I mention this because John is sometimes slow to speak and one might think he is unable to communicate. Nothing is farther from the truth and especially if he gets angry or hears something he doesn’t agree with. John laughs readily at anything humorous. At age 82, John had never had a flu shot, never taken a psycho-tropic drug. With the help of his sister and friends, John was on a daily exercise regimen in addition to his rigorous walking regimen.
John Figg-Hoblyn has been incarcerated, with all loss of normal freedoms since August 11, 2008. There is no daily exercise regime, in fact he is encouraged to sit in a wheel chair instead of walking. His diet is not the one recommended by his doctor. Peggy is not allowed to take pictures of John. He is not free to go where he wants, do what he wants—not even go to church. Since August 11, 2008, he has had a daily diet of psycho-tropic drugs to keep his mind dull and his energy level reduced. John’s life has been ruined. He has the same privileges of any inmate on death row—where John actually sits right now. He is angry, frustrated and more and more going silent and limp.
Full Profile and Source:
NASGA: John Figg-Hoblyn
Monday, July 19, 2010
Editorial: Justice Shines a Light on Bad Lawyering
Once their secrets are revealed, some lawyers leave no doubt that they crossed the line and left it far, far behind.
Take Scott Rothstein, who will be spending the next 50 years in a federal prison for running a $1.2 billion Ponzi scheme out of his law office in South Florida. An outraged judge pitched the book his way last month, giving Rothstein a decade longer behind bars than the prosecution recommended.
In the matter of disbarred attorney Steven Rondos, it isn't so much the sum he stole, which prosecutors put at $4 million, but the sort of people he stole it from that made his crimes so despicable.
His 23 victims all suffered from some sort of disability - one had cerebral palsy and spastic quadriplegia, for example - which is why Rondos had been appointed their guardian.
Instead, he spent their money on himself and his home. A $31,000 television set here. A $10,000 set of kitchen curtains there. At that rate, you can go through a few million quickly.
Sentenced in May, Rondos is now doing up to 15 years behind bars.
But what about lawyers who hurt their clients while not actually stealing from them, or lawyers who act unethically for the benefit of their client?
In the term just finished, the U.S. Supreme Court took up an astounding number of cases related to attorney conduct or compensation, amounting to almost 20 percent of its caseload, according to Law.com, the National Law Journal's site.
The court considered 16 cases touching on or centered on lawyering. A few had to do with fairly technical aspects of the profession.
[T}here was a Florida case in which the client was more on top of the law than his attorney was. Albert Holland begged and pleaded with his lawyer to please, please, please file a crucial document with the court by deadline or else his case was doomed.
The lawyer missed the deadline, anyway, so Holland missed his chance to claim his murder conviction and death sentence had been wrongly decided.
Oops.
Too bad, the lower courts ruled. Holland would just have to suffer for his lawyer's slip. The state might as well schedule his execution.
The Supreme Court saw it differently.
So what message are we to take away from the Supreme Court's rulings on lawyer conduct?
Just this one:
The Supreme Court is watching.
Full Editorial and Source:
Anne Woolner: Justice Shines a Light on Bad Lawyering
Take Scott Rothstein, who will be spending the next 50 years in a federal prison for running a $1.2 billion Ponzi scheme out of his law office in South Florida. An outraged judge pitched the book his way last month, giving Rothstein a decade longer behind bars than the prosecution recommended.
In the matter of disbarred attorney Steven Rondos, it isn't so much the sum he stole, which prosecutors put at $4 million, but the sort of people he stole it from that made his crimes so despicable.
His 23 victims all suffered from some sort of disability - one had cerebral palsy and spastic quadriplegia, for example - which is why Rondos had been appointed their guardian.
Instead, he spent their money on himself and his home. A $31,000 television set here. A $10,000 set of kitchen curtains there. At that rate, you can go through a few million quickly.
Sentenced in May, Rondos is now doing up to 15 years behind bars.
But what about lawyers who hurt their clients while not actually stealing from them, or lawyers who act unethically for the benefit of their client?
In the term just finished, the U.S. Supreme Court took up an astounding number of cases related to attorney conduct or compensation, amounting to almost 20 percent of its caseload, according to Law.com, the National Law Journal's site.
The court considered 16 cases touching on or centered on lawyering. A few had to do with fairly technical aspects of the profession.
[T}here was a Florida case in which the client was more on top of the law than his attorney was. Albert Holland begged and pleaded with his lawyer to please, please, please file a crucial document with the court by deadline or else his case was doomed.
The lawyer missed the deadline, anyway, so Holland missed his chance to claim his murder conviction and death sentence had been wrongly decided.
Oops.
Too bad, the lower courts ruled. Holland would just have to suffer for his lawyer's slip. The state might as well schedule his execution.
The Supreme Court saw it differently.
So what message are we to take away from the Supreme Court's rulings on lawyer conduct?
Just this one:
The Supreme Court is watching.
Full Editorial and Source:
Anne Woolner: Justice Shines a Light on Bad Lawyering
Change in Criteria for Alzheimer's Diagnosis Proposed
For the first time in 25 years, medical experts are proposing a major change in the criteria for Alzheimer’s disease, part of a new movement to diagnose and, eventually, treat the disease earlier.
The new diagnostic guidelines, presented Tuesday at an international Alzheimer’s meeting in Hawaii, would mean that new technology like brain scans would be used to detect the disease even before there are evident memory problems or other symptoms.
If the guidelines are adopted in the fall, as expected, some experts predict a two- to threefold increase in the number of people with Alzheimer’s disease. Many more people would be told they probably are on their way to getting it. The Alzheimer’s Association says 5.3 million Americans now have the disease.
Full Article and Source:
Rules Seek to Expand Diagnosis of Alzheimer's
The new diagnostic guidelines, presented Tuesday at an international Alzheimer’s meeting in Hawaii, would mean that new technology like brain scans would be used to detect the disease even before there are evident memory problems or other symptoms.
If the guidelines are adopted in the fall, as expected, some experts predict a two- to threefold increase in the number of people with Alzheimer’s disease. Many more people would be told they probably are on their way to getting it. The Alzheimer’s Association says 5.3 million Americans now have the disease.
Full Article and Source:
Rules Seek to Expand Diagnosis of Alzheimer's
Sunday, July 18, 2010
Former Judge’s Ethics Hearing Set
Former Superior Court Judge Steven Perskie will have his day in court regarding ethics complaints filed last September.The Advisory Committee on Judicial Conduct has scheduled formal hearings on the matter for July 19-21, in the Supreme Court Courtroom at the Richard J. Hughes Justice Complex in Trenton.
Perskie, who presided over civil cases in Atlantic and Cape May counties, had a formal complaint lodged against him on Sept. 9 by Candace Moody, counsel for the Advisory Committee. The complaint charged Perskie with violations of four canons and two rules governing judicial behavior, specifically:
• Canon 1, which requires judges to observe high standards of conduct
• Canon 2A, which requires judges to respect and comply with the law and to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary
• Canon 2B, which prohibits judges from lending the prestige of their office to advance private interests
• Canon 3C(1), which requires judges to recuse themselves in any proceeding in which their impartiality might reasonably be questioned
• Rule 1:12-1(f), for the conflict of interest
• Rule 2:15-8(a)(6), for bringing the judicial office into disrepute.
According to the complaint, Perskie failed to remove himself in a timely manner from a lawsuit initiated in February 2005 that involved a long-time business associate, political ally and personal friend Frank Siracusa. Perskie also failed to disclose the extent of his relationship with Siracusa, the complaint alleged.
After Perskie remove himself in October 2006, he allegedly visited the courtroom of Judge William Nugent to whom the case was transferred and spoke with lawyers involved in the case. The complaint further alleges that Perskie lied to a Senate Judiciary Committee about the incident during his reappointment hearing.
Perskie said he did nothing wrong.
Full Article and Source:
Former Judge’s Ethics Hearing Set
Former Iowa Lawyer Indicted for Mail and Tax Fraud
A former Coralville attorney was indicted this week on three counts of filing false tax returns but a superseding indictment was filed Wednesday also charging him with 11 counts of mail fraud.
Dennis Bjorklund, 45, of Coralville, who lost his license in 2006 for an ethics violation, is charged with 11 counts of mail fraud and three counts of making and subscribing a false tax return, according to an indictment filed in U.S. Southern District Court.
Bjorklund, as a criminal defense attorney between Aug. 1, 2005 through Aug. 31, 2006, would encourage potential clients charged with drunken driving to make a voluntary charitable contribution to obtain a more “favorable resolution,” according to the indictment. The specific charity recommended was “Re-Adapt.”
Bjorklund on Sept. 2005 started an alleged non-profit organization, “Rehabiliative Enterprises for Alcohol and Drug Abuse Prevention and Training, also called Re-Adapt, according to the indictment.
Full Article and Source:
Former Coralville Lawyer Indicted for Mail and Tax Fraud
Dennis Bjorklund, 45, of Coralville, who lost his license in 2006 for an ethics violation, is charged with 11 counts of mail fraud and three counts of making and subscribing a false tax return, according to an indictment filed in U.S. Southern District Court.
Bjorklund, as a criminal defense attorney between Aug. 1, 2005 through Aug. 31, 2006, would encourage potential clients charged with drunken driving to make a voluntary charitable contribution to obtain a more “favorable resolution,” according to the indictment. The specific charity recommended was “Re-Adapt.”
Bjorklund on Sept. 2005 started an alleged non-profit organization, “Rehabiliative Enterprises for Alcohol and Drug Abuse Prevention and Training, also called Re-Adapt, according to the indictment.
Full Article and Source:
Former Coralville Lawyer Indicted for Mail and Tax Fraud
Former GA Judge Arrested for Theft and Exploitation
Chief Magistrate Judge Chris Mathis is free on bond after being arrested on charges that include theft and exploitation of an elderly person, stemming from his operation of a cattle business.
He was released from the Floyd County Jail on a $500,000 bond to the Polk County Sheriff's Office, then was released from the Polk County Jail on $25,000 bond.
Warrants say the 45-year-old Mathis is accused of taking money with a promise to purchase cattle, but instead converted the funds for his own use.
Mathis resigned as judge May 13. District Attorney Leigh Patterson said she had received information about allegations of misconduct by Mathis.
Full Article and Source:
Former Floyd County Judge Charged With Theft
He was released from the Floyd County Jail on a $500,000 bond to the Polk County Sheriff's Office, then was released from the Polk County Jail on $25,000 bond.
Warrants say the 45-year-old Mathis is accused of taking money with a promise to purchase cattle, but instead converted the funds for his own use.
Mathis resigned as judge May 13. District Attorney Leigh Patterson said she had received information about allegations of misconduct by Mathis.
Full Article and Source:
Former Floyd County Judge Charged With Theft
Saturday, July 17, 2010
CT Judicial Council Finds Probable Cause Against Probate Judge
A council investigating a complaint of professional or ethical misconduct by Probate Judge Bryan Meccariello has found probable cause and will hold a public hearing in September.
Samuel Manzo, an apparent heir to property left by Josephine Smoron, brought the action against Mecarriello.
Smoron died one year ago, leaving most of her 80-acre estate to Manzo in a 2004 will. But two months before she died, Meccariello approved a request by her former conservator to establish two trusts to hold all her assets.
The conservator, local attorney John T. Nugent, was named trustee. Nugent funded the trusts with Smoron's real estate and cash assets before Smoron died. According to court documents, the land was to go to three local churches, who would then sell it to local developer Carl Verderame for about $2 million.
Verderame needs the land for an access road to build a $118 million sports arena.
Full Article and Source:
Judicial Council Finds Probable Cause of Misconduct by Meccariello
See Also:
In Smoron Probate Case, Greed at Its Ugly Worse
Samuel Manzo, an apparent heir to property left by Josephine Smoron, brought the action against Mecarriello.
Smoron died one year ago, leaving most of her 80-acre estate to Manzo in a 2004 will. But two months before she died, Meccariello approved a request by her former conservator to establish two trusts to hold all her assets.
The conservator, local attorney John T. Nugent, was named trustee. Nugent funded the trusts with Smoron's real estate and cash assets before Smoron died. According to court documents, the land was to go to three local churches, who would then sell it to local developer Carl Verderame for about $2 million.
Verderame needs the land for an access road to build a $118 million sports arena.
Full Article and Source:
Judicial Council Finds Probable Cause of Misconduct by Meccariello
See Also:
In Smoron Probate Case, Greed at Its Ugly Worse
Woman Pleads Guilty to Stealing from Aunt
In the middle of her trial on theft charges, a former Phoenixville woman pleaded guilty to having hoodwinked her aged aunt into taking out a mortgage on the home she had lived in for 50 years so the woman could finance a high-end life style.
Mary Ellen Ashton is accused of taking the $82,067 that her 81-year-old aunt had coming from a second mortgage on her 5th Avenue home in Phoenixville and spending it on herself, leaving her aunt, who was suffering from dementia at the time, in danger of losing the home her husband had bought for the couple in 1956.
Ashton had told her aunt, Margaret Voytowicz, that she would repay the money, which she needed for personal expenses, authorities said. But she never did. The house was foreclosed on and Voytowicz faced eviction until family members and attorneys stepped in and saved the home from being sold out from under her.
Voytowicz died in November 2008 after suffering a debilitating stroke. She was 84.
On Wednesday, Ashton pleaded guilty to charges of theft by deception, theft by unlawful taking, theft by failure to make required disposition of funds, and receiving stolen property. The plea ended her trial on those charges, which had begun in Judge William P. Mahon’s courtroom Monday.
Full Article and Source:
Phoenixville Woman Accused of Taking $82,067
Mary Ellen Ashton is accused of taking the $82,067 that her 81-year-old aunt had coming from a second mortgage on her 5th Avenue home in Phoenixville and spending it on herself, leaving her aunt, who was suffering from dementia at the time, in danger of losing the home her husband had bought for the couple in 1956.
Ashton had told her aunt, Margaret Voytowicz, that she would repay the money, which she needed for personal expenses, authorities said. But she never did. The house was foreclosed on and Voytowicz faced eviction until family members and attorneys stepped in and saved the home from being sold out from under her.
Voytowicz died in November 2008 after suffering a debilitating stroke. She was 84.
On Wednesday, Ashton pleaded guilty to charges of theft by deception, theft by unlawful taking, theft by failure to make required disposition of funds, and receiving stolen property. The plea ended her trial on those charges, which had begun in Judge William P. Mahon’s courtroom Monday.
Full Article and Source:
Phoenixville Woman Accused of Taking $82,067
What Price Can Be Placed on Betrayal of Trust?
Hey, it's just money...right? A story in today's Bonner County Daily Bee caught my attention and got my hackles up. Apparently, Elise Anne Davidson, of Spirit Lake, Idaho, has received no more than a "slap on the wrist" for her financial exploitation of an elderly man. You see, Ms. Davidson used a financial power of attorney to steal more than $4,000.00 from the victim while he was convalescing in a nursing home. She also apparently attempted to have the victim removed from the nursing home and placed in her care. The victim, who is unidentified in the story, was confined to a wheelchair and incapable of writing or speaking. Rightfully, Ms. Davidson was originally charged with a felony -- exploitation of a vulnerable adult. Unfortunately, through a plea agreement, she pled guilty to misdemeanor theft and was sentenced to 30 days in jail. She was also ordered to pay the nursing home $1,000.00 in funds which the facility was owed.
When you look at it, I suppose it is easy to say that stealing $4,000.00 should not equate with a stiffer sentence than Ms. Davidson received. This is not about the money, however. This is about the exploitation of the vulnerable adult who was the victim in this case. What price can be placed on the betrayal of trust?
Full Article and Source;
North Idaho Woman Receives and Unbeliebably Light Sentence in Exploitation Case
When you look at it, I suppose it is easy to say that stealing $4,000.00 should not equate with a stiffer sentence than Ms. Davidson received. This is not about the money, however. This is about the exploitation of the vulnerable adult who was the victim in this case. What price can be placed on the betrayal of trust?
Full Article and Source;
North Idaho Woman Receives and Unbeliebably Light Sentence in Exploitation Case
Friday, July 16, 2010
Danny Tate Continues Fight Against Probate Court's Assault on His Personal and Property Rights
Things have only seemed quiet with the probate abuse case of Nashville musician Danny Tate in which Tate's lifelong accumulation of assets has largely been wiped out during a 32-month "temporary" conservatorship (guardianship) initiated by his brother David, facilitated by attorney Paul T. Housch and sanctioned by Davidson County Circuit Court Judge Randy Kennedy. But in the vein of things not being as they appear and courts not necessarily being about justice, the involved parties have been busy and a web site Nashville Criminals is documenting all the developments of this case which exemplifies questionable probate actions occurring throughout the U.S. Nashville Criminals is a presentation of evidence by Ira Robbins, a Milwaukee-based investigative consultant, with nearly 50 years of investigative experience which includes working as a police officer, licensed private investigator and investigative consultant. Robbins provides documents alleging that David Tate used a fraudulent Durable General Power of Attorney to gain initial control of Danny Tate's finances which funded attorney Housch's October 2007 petitioning for the musician to be conserved.
Per the web site,
On October 19, 2007, David Tate filed a fraudulent PETITION FOR APPOINTMENT OF CONSERVATOR claiming Danny Tate was under the influence of drugs to such a point that immediate incarceration in the Vanderbilt Psychiatric Hospital for at least 30 days was absolutely necessary. Thereafter, Danny was to be conveyed under guard with David, to Boston where he would remain in a drug facility for at least a year or two The claim of such a severe addiction was absolutely false. Although Danny had been using drugs, Vanderbilt Hospital determined that his addiction was not as severe as David had reported and released Danny after just 6 days.
For 32 months, Danny Tate simultaneously fought to regain control over not just substance abuse, but also his civil and property rights that some court observers believe were hijacked by the Tennessee probate court. Only when Tate’s current attorney, Michael Hoskins, filed an extraordinary relief application did the Middle Tennessee Court of Appeals reverse one of Judge Kennedy’s critical case rulings, an act described by Nashville Scene as “meaning the Probate Court had strayed so far from established legal procedure that an extraordinary judicial slap on the wrist was dealt to Kennedy. More remarkable still, Judge Frank Clement, the jurist who issued the Appeals Court decision, used to sit in Kennedy’s seat in Probate Court.”
This court ruling basically acknowledged the questionable process by which Tate was conserved and forced Judge Kennedy to allow a hearing that would make the 32-month "temporary" conservatorship permanent or else the status would be terminated. The ruling finally allowed Danny Tate his "day in court."
Throughout early 2010, the case began receiving increased public attention starting with the Nashville Scene article, continuing with a FreeDannyTate.com web site and a Friends for Danny Tate’s Defense Facebook page as well as an awareness concert which all combined to help generate respectable buzz within a variety of other media outlets.
A May 24 hearing took place in a courtroom that included Tate supporters and a local television camera crew. The hearing quickly evolved into what seemed a scripted media event with Danny Tate's release from the conservatorship put front and center for all (especially the cameras) to see. "They saved him" seemed a recurring theme used to justify the 32-month legal ordeal which now leaves Tate destitute.
The day's victory played well from a public relations standpoint and was likely hoped to appease the supporters on hand, but the day's real outcome became evident nearly three weeks later upon Judge Kennedy signing the hearing final order.
Rather than signing a final order submitted by Danny Tate attorney Michael Hoskins that reflected the May 24 ruling, Judge Kennedy instead opted for a Paul T. Housch-written statement that gave the now-terminated "temporary" conservatorship of David Tate functional control over his brother's assets through a 60-day "wind down" period. This translated practically into further depletion of Danny Tate's estate by the "temporary" conservator despite Tate's "rights" alleged to be restored. Judge Kennedy further demonstrated support of this course at a June 11 hearing.
This background brings us back to the Nashville Criminals site where Ira Robbins has documented irregularities of the process leading to Danny Tate's current situation and also has provided updates on recent activity. This includes his letter to the Tennessee Attorney General and Davidson County District Attorney. Robbins also has posted efforts to reach out to members of the Tate family, David Tate himself and even the attorney for the Signet, the company owned by David Tate's wife, as Elizabeth Tate and company could be parties in future litigation.
The site also gives information on the case of Robert Thurman, another individual under a similarly questionably conservatorship initiated by Housch and approved by Kennedy.
In a post entitled They Finally Got It All, Robbins displays Danny Tate's "Respondent's Motion to Proceed as a Poor Person on Appeal" in which he submits he has been "thoroughly impoverished as a result of this conservatorship action." And the conservatorship - temporary or otherwise - was theoretically to protect both the ward and his estate? That's why the site is called Nashville Criminals.
Just Part of the Cover-Up gives hint to potential concern on the part of the "temporary" conservator David Tate as he has now petitioned the court (and presumably continued inflating his destitute brother's legal bills) to have a series of depositions entered into evidence at the May 24 hearing removed. Here's how Ira Robbins describes it:
On June 29, 2010, Attorney Housch filed a Motion to hide evidence that incriminates him and his co-conspirators for their criminal conduct. The depositions of David Tate and Dr. William Kenner provide ample evidence of their criminal wrongdoing. Now, Attorney Housch has asked Judge Kennedy to strike their testimony from the record. Even though those depositions were not used in a trial, they still contain enough evidence to convict the parties, including Housch, of criminal conduct. No wonder he wants to get rid of them. And just who do you think will get the bill for this motion? You guessed it. Danny will.
A final posting Fair Warning is the most recent posting and says this:
TODAY, PER AN OFFICIAL REQUEST, I DISPATCHED MY UPDATED 26 PAGE SWORN AFFIDAVIT ALONG WITH 250 PAGES OF SUPPORTING DOCUMENTS SEEKING A CRIMINAL INVESTIGATION TO THE NASHVILLE OFFICE OF THE FBI, THE US ATTORNEY IN NASHVILLE, TN, THE PUBLIC INTEGRITY OFFICE OF THE US ATTORNEY IN WASHINGTON, D.C., THE PRESIDENT OF THE UNITED STATES, THE TENNESSEE ATTORNEY GENERAL, AND THE DISTRICT ATTORNEY GENERAL OF DAVIDSON COUNTY TENNESSEE.
The Nashville Criminals site counter lists more than 6,600 visitors in but a few short weeks. It's hard to imagine the extended Tate family or associated lawyers promoting the site. Danny Tate's friends undoubtedly are watching. Hopefully an assortment of law enforcement agencies are also viewing and absorbing the facts associated with this case.
If what has happened to Danny Tate is an example of the legal system operating properly, God help us all! If it is an example of abuse and corruption, many agencies have been served "fair warning" and their reputations are additionally now on the line. So the next logical question: anyone ready for action? The Friends of Danny Tate continue their call for justice.
Full Article and Source:
Nashville Musician Continues Fight on Probate Court's Assult on Personal, Property Rights
Editorial: MI State Legislature Should Support Bills Protecting Elderly
The Michigan Office of Services to the Aging is urging the Michigan Legislature to pass a package of bills geared toward protecting the state's older adults from financial abuse.
Representatives of OSA met last month with individual legislators and testified before the House Senior Health Security and Retirement House Committee in support of the bills.
The bills, HB 4619, 4622, 4623, 4625, 6252, 5187 and 5193, are actually part of an even longer list of legislation pending in both the House and Senate.
It's unfortunate that so many bills are needed to address the problem of elder abuse. But if that's what it takes to attack the problem, then so be it. It doesn't matter, in a sense, what the order is for passing these bills, but they should be approved by both the House and the Senate.
•Require training for financial institution staff on financial exploitation, how to spot suspicious activity and how to report suspicious activity when detected.
•Expand the definition of abuse of vulnerable adults to include financial exploitation.
•Require financial institutions to inform account holders and provide written disclosure of the rights of joint account holders so that those allowing access to their funds understand that joint account holders have the legal right to use the account and funds contained in it as if it is their own money.
•Require courts to consider appointment of a conservator if a person under a guardianship has assets of more than a certain limit ($10,000). This is to prevent potential financial exploitation through a guardianship.
Full Editorial and Source:
State Legislature Should Support Bills Protecting Elderly Residents
Representatives of OSA met last month with individual legislators and testified before the House Senior Health Security and Retirement House Committee in support of the bills.
The bills, HB 4619, 4622, 4623, 4625, 6252, 5187 and 5193, are actually part of an even longer list of legislation pending in both the House and Senate.
It's unfortunate that so many bills are needed to address the problem of elder abuse. But if that's what it takes to attack the problem, then so be it. It doesn't matter, in a sense, what the order is for passing these bills, but they should be approved by both the House and the Senate.
•Require training for financial institution staff on financial exploitation, how to spot suspicious activity and how to report suspicious activity when detected.
•Expand the definition of abuse of vulnerable adults to include financial exploitation.
•Require financial institutions to inform account holders and provide written disclosure of the rights of joint account holders so that those allowing access to their funds understand that joint account holders have the legal right to use the account and funds contained in it as if it is their own money.
•Require courts to consider appointment of a conservator if a person under a guardianship has assets of more than a certain limit ($10,000). This is to prevent potential financial exploitation through a guardianship.
Full Editorial and Source:
State Legislature Should Support Bills Protecting Elderly Residents
Family Tragedy May Lead to New Law on Student Loans
Most people who write their congressman get back a polite form letter.
But when the Bryski family of Marlton, N.J., contacted Rep. John Adler, D-N.J., last year with their story of tragedy, they got legislation drafted and introduced that, if enacted, would change the way millions of student loans are handled.
In 2004, Christopher Bryski was 23 and in college - a seemingly invulnerable varsity athlete - when he suffered a traumatic brain injury in a freak accident; he spent two years in a persistent vegetative state before dying. As brutal as it was for the Bryskis to lose a son and brother in this way, the event triggered a financial nightmare for them.
Because his father, Joseph Bryski Sr., had co-signed Christopher's student loans with several banks, the family was on the hook for tens of thousands of dollars, obligations that had been buried in fine print. So even while medical bills accumulated as Christopher lay in limbo, the student loans came due and the interest rate increased. The Bryskis struggled to keep up.
"The process was horrible," said mother Diane Bryski.
Direct student loans from the federal government are forgiven if the borrower dies or becomes incapacitated, but so-called private loans from banks that millions of students carry usually are not. And because Christopher had not signed a power-of-attorney document, his parents and brothers had no legal standing to negotiate payment terms, nor could they access his bank accounts to help pay off his student debt, rent and credit card bills.
Full Article and Source:
Family's Tragedy May Lead to New Law on Student Loans
But when the Bryski family of Marlton, N.J., contacted Rep. John Adler, D-N.J., last year with their story of tragedy, they got legislation drafted and introduced that, if enacted, would change the way millions of student loans are handled.
In 2004, Christopher Bryski was 23 and in college - a seemingly invulnerable varsity athlete - when he suffered a traumatic brain injury in a freak accident; he spent two years in a persistent vegetative state before dying. As brutal as it was for the Bryskis to lose a son and brother in this way, the event triggered a financial nightmare for them.
Because his father, Joseph Bryski Sr., had co-signed Christopher's student loans with several banks, the family was on the hook for tens of thousands of dollars, obligations that had been buried in fine print. So even while medical bills accumulated as Christopher lay in limbo, the student loans came due and the interest rate increased. The Bryskis struggled to keep up.
"The process was horrible," said mother Diane Bryski.
Direct student loans from the federal government are forgiven if the borrower dies or becomes incapacitated, but so-called private loans from banks that millions of students carry usually are not. And because Christopher had not signed a power-of-attorney document, his parents and brothers had no legal standing to negotiate payment terms, nor could they access his bank accounts to help pay off his student debt, rent and credit card bills.
Full Article and Source:
Family's Tragedy May Lead to New Law on Student Loans
Thursday, July 15, 2010
Danny's Diary
As my story surfaces, it is quickly being recognized as one of the most unlawful and abusive conservatorships (guardianships) ever known.
I use the word “known” for a reason. Very few stories ever surface and this is by design. Our corrupt probate system uses this law for all the wrong reasons and have “designed” the racket to cover up their dirty deeds.
My case may not be near as horrific as many, but it’s enough so to get the idea across to the public. If this has happened to me think of the stories that have never been heard; the elderly locked away and medicated while their estates are drained, lining the pockets of these bottom feeders; attorneys who usually couple probate law practice with personal injury. Need I say more?
Full Article and Source:
Free Danny Tate!!!
See Also:
NashvilleCriminals
Facebook: Justice for Danny Tate
Facebook: Friends for Danny Tate's Defense
I use the word “known” for a reason. Very few stories ever surface and this is by design. Our corrupt probate system uses this law for all the wrong reasons and have “designed” the racket to cover up their dirty deeds.
My case may not be near as horrific as many, but it’s enough so to get the idea across to the public. If this has happened to me think of the stories that have never been heard; the elderly locked away and medicated while their estates are drained, lining the pockets of these bottom feeders; attorneys who usually couple probate law practice with personal injury. Need I say more?
Full Article and Source:
Free Danny Tate!!!
See Also:
NashvilleCriminals
Facebook: Justice for Danny Tate
Facebook: Friends for Danny Tate's Defense
Family Feud May Test Boundaries of Inheritance Law
Inside a quiet room on an upper floor of a glimmering glass office building in Trenton sits a seemingly ordinary stack of documents.The papers summarize a bitter court fight.
But this is no routine legal tussle.
At issue is a tradition as basic to families as wedding rings and vacation photographs: Who ultimately has a right to an inheritance?
On one side stands the Cohen family of Hudson News fame, whose once-vibrant patriarch in Englewood is now rendered nearly immobile and virtually speechless by a degenerative neurological disorder.
On the other side is his former son-in-law, Ronald Perelman, a legendary corporate takeover billionaire and Revlon chairman with a take-no-prisoners reputation in his financial dealings. He's trying to convince a court to declare the elderly Cohen incapacitated.Perelman says his daughter — Cohen's granddaughter — is entitled to half of the family's fortune, which has been estimated to be as much as $800 million by Fortune magazine. To get the money, Perelman wants to go where few court cases have ever ventured: He wants to rewrite the will of a man who isn't dead.
Perelman's lawsuit, which he filed as executor of the estate of his ex-wife, was dismissed a year ago by a Bergen County judge, who just last month sanctioned his lawyers for "overly aggressive" tactics and ruled that one of Perelman's central legal claims was "frivolous."
Perelman is appealing.
Where this case will lead is an open question. Already, this bitter conflict has touched on such issues as a family's right to privacy, its ability to protect its business interests, and broader ethical and legal questions about the rights of the disabled and elderly to make decisions in their wills.
Full Article and Source:
Kelly: Family Feud May Test Boundaries of Inheritance Law
Wednesday, July 14, 2010
Nursing Home Chain Loses Class Action Lawsuit Big
I guess there's probably a lot a screaming and yelling going on at the Skilled Healthcare Group (SKH) headquarters in California. Perhaps the anger derives from the miserable looking financial chart for the company showing a whopping 75% decline in price per share in one day!
Another portion of the companies anger is probably being misdirected at the lawyers who defended the company in a class action lawsuit brought against Skilled Healthcare based on systematic under-staffing at 22 nursing homes owned by the corporate giant. Really, the only people to blame are the managers in the company who intentionally chose to limit that staffing at their facilities.
After hearing months of evidence regarding staffing levels at the nursing homes operated by Skilled Healthcare, the jury awarded the maximum amount permissible under the California Health and Safety Code--- a whopping $671 million to the members of the class.
The massive jury award is hardly an arbitrary number. Rather, the compensatory damages were awarded based on a statutory violation of $500 per-patient per-day at the 22 subject facilities for not providing that state minimum staffing of 3.2 hours for each patient living at the nursing homes on a daily basis.
In addition to the compensatory damages, the lawsuit also seeks punitive damages against Skilled Healthcare. Unlike compensatory damages, punitive damages are intended to punish the wrongdoer for their acts. The punitive aspect of the lawsuit will move forward in the coming weeks.
Full Article and Source:
Nursing Home Chain Hit With Landmark Verdict in Under-Staffing Class Action Lawsuit
Another portion of the companies anger is probably being misdirected at the lawyers who defended the company in a class action lawsuit brought against Skilled Healthcare based on systematic under-staffing at 22 nursing homes owned by the corporate giant. Really, the only people to blame are the managers in the company who intentionally chose to limit that staffing at their facilities.
After hearing months of evidence regarding staffing levels at the nursing homes operated by Skilled Healthcare, the jury awarded the maximum amount permissible under the California Health and Safety Code--- a whopping $671 million to the members of the class.
The massive jury award is hardly an arbitrary number. Rather, the compensatory damages were awarded based on a statutory violation of $500 per-patient per-day at the 22 subject facilities for not providing that state minimum staffing of 3.2 hours for each patient living at the nursing homes on a daily basis.
In addition to the compensatory damages, the lawsuit also seeks punitive damages against Skilled Healthcare. Unlike compensatory damages, punitive damages are intended to punish the wrongdoer for their acts. The punitive aspect of the lawsuit will move forward in the coming weeks.
Full Article and Source:
Nursing Home Chain Hit With Landmark Verdict in Under-Staffing Class Action Lawsuit
Judge Refuses Patient's Right to Choose
Valley Hospital officials didn’t care that a patient refused life-saving dialysis: They weren't going to let her die. So they got a court order. Five months later, she's alive and thriving.
The case resembles others in which a judge had to make a life-or-death decision whether or not to limit an individual's right of self-determination.
“In a situation where the hospital's own psychiatrists disagreed as to [the patient’s] mental capacity,” wrote Superior Court Judge Ellen Koblitz out of Hackensack, The Valley Hospital in Ridgewood “sought the appointment of a special medical guardian to consent to life-saving dialysis treatment.”
Her doctor told the judge his patient was “was overridden with a fear of the dialysis machine, partially because, in her view, machines that duplicate bodily functions overly intrude into God's domain.”
Koblitz, in turn, determined the woman “was incompetent to refuse dialysis treatment because she denied that she would most likely die without dialysis.“
Full Article and Source:
Judge Refuses Woman's Bid for 'Death Over Dialysis'>
Tuesday, July 13, 2010
More Cases Against Public Administrator Lynn EnEarl
Advocates for the elderly are claiming that Public Administrator Lynn EnEarl's failure to file an inventory or provide annual reports on the status of her wards' welfare is a pattern for her nearly two dozen clients.
Three more cases brought to the attention of Douglas County District Court by Special Advocates for the Elderly are expected to be heard on Tuesday.
Last week, EnEarl relinquished her four-year guardianship over an 83-year-old Gardnerville woman, saying in court documents filed by her attorney Mike Rowe, that ward Sharon Hicks' clear desire to have another guardian prompted the move. Rowe objected to the accusations included in a July 1 petition filed by the advocates, and that EnEarl's willingness to transfer Hicks' guardianship was not an admission.
Douglas District Judge Michael Gibbons said he didn't understand why Public Administrator Lynn EnEarl and her attorney failed to file reports and an inventory required by law.
“It's a total surprise to me to find all this out,” Gibbons said. “I'm somewhat mystified as to how this happened.”
Special Advocate For the Elderly Coordinator John Giomi, who sought removal of EnEarl as Hicks' guardian, told Gibbons that EnEarl failed to file an annual accounting, a report on Hicks' welfare or to perform her other duties as required by law.
In a July 1 filing, Giomi said Hicks was transferred to Mountain View Health and Rehabilitation Center without any clothing or her belongings.
Special Advocate Dana Jantos called Hicks' questions about what happened to her property heartbreaking.
“Mrs. Hicks has an excellent memory,” she said. “She has asked about her belongings many times.”
EnEarl told Gibbons she didn't find any family photos or valuables when she entered the apartment.
“Even people who are incompetent have a right to have their property,” he said. “Not everything has to be disposed of. If they have jewelry and things just put them in a bag and give it to them. People are still going to want their things for some reason.”
Gibbons said the advocates are there to work with the public administrator.
“Despite the conflict here, all three of the people are here to help,” he said. “In the long run I think you'll find the SAFEs will help you.”
Gibbons did not approve the accounting submitted by EnEarl and Rowe. He asked them to supplement the inventory they submitted with more information.
“You have submitted an accounting, but it's not complete,” he said.
Full Article and Source:
More Public Administrator Cases Coming to Court
See Also:
Documents Produced
Three more cases brought to the attention of Douglas County District Court by Special Advocates for the Elderly are expected to be heard on Tuesday.
Last week, EnEarl relinquished her four-year guardianship over an 83-year-old Gardnerville woman, saying in court documents filed by her attorney Mike Rowe, that ward Sharon Hicks' clear desire to have another guardian prompted the move. Rowe objected to the accusations included in a July 1 petition filed by the advocates, and that EnEarl's willingness to transfer Hicks' guardianship was not an admission.
Douglas District Judge Michael Gibbons said he didn't understand why Public Administrator Lynn EnEarl and her attorney failed to file reports and an inventory required by law.
“It's a total surprise to me to find all this out,” Gibbons said. “I'm somewhat mystified as to how this happened.”
Special Advocate For the Elderly Coordinator John Giomi, who sought removal of EnEarl as Hicks' guardian, told Gibbons that EnEarl failed to file an annual accounting, a report on Hicks' welfare or to perform her other duties as required by law.
In a July 1 filing, Giomi said Hicks was transferred to Mountain View Health and Rehabilitation Center without any clothing or her belongings.
Special Advocate Dana Jantos called Hicks' questions about what happened to her property heartbreaking.
“Mrs. Hicks has an excellent memory,” she said. “She has asked about her belongings many times.”
EnEarl told Gibbons she didn't find any family photos or valuables when she entered the apartment.
“Even people who are incompetent have a right to have their property,” he said. “Not everything has to be disposed of. If they have jewelry and things just put them in a bag and give it to them. People are still going to want their things for some reason.”
Gibbons said the advocates are there to work with the public administrator.
“Despite the conflict here, all three of the people are here to help,” he said. “In the long run I think you'll find the SAFEs will help you.”
Gibbons did not approve the accounting submitted by EnEarl and Rowe. He asked them to supplement the inventory they submitted with more information.
“You have submitted an accounting, but it's not complete,” he said.
Full Article and Source:
More Public Administrator Cases Coming to Court
See Also:
Documents Produced
Update on L'Oreal Case
It’s been more than 18 months since the daughter of France’s richest woman sued to protect her from a man described as a “dandy” who had received more than $1 billion (U.S. value) in gifts from the owner of cosmetic giant L’Oreal.The daughter of 87-year-old Liliane Bettencourt sued Francois-Marie Banier, a 63-year old (male) celebrity photographer who reportedly has befriended Johnny Depp, Salvador Dali and others. Banier claims the lavish gifts of cash and art masterpieces were given to him by Bettencourt when she was mentally competent as a thank-you for his years of friendship and help as an advisor.
Bettencourt’s daughter, Francoise Bettencourt Meyers, was permitted to sue Banier criminally last year. This means that if she wins her lawsuit, Banier will not only have to return the money, but also face jail time. The case was set for trial late last week.
There was already plenty of intrigue surrounding the famous fortune fight over the person who ranks as number 20 on Forbes’ annual list of richest people. (Bettencourt has a reported net worth of $20 billion.) But, to make it more interesting, the trial was postponed indefinitely because of new evidence.
What evidence you ask? Bettencourt’s butler had been sneaking a tape recorder into the room with her when he served refreshments. With this recorder, he obtained hours of audiotape from secret meetings between Bettencourt and her advisors.
Full Article and Source:
Trial Over L'Oreal Heiress Sparks French Political Scandal
Police Badge Aids Con
The con man had a persuasive story -- they often do -- but he also had a police badge.
It was enough to convince a Minneapolis woman that he was genuine, so when he told her there was counterfeit money in her bank accounts that should be withdrawn, she complied.
The woman, 82, visited two banks on Friday and withdrew $28,000, police said. She then handed it over to the man with the badge. The problem: There was no such police investigation and no such officer; the badge was fake.
The alarming theft could be the second large haul for the fake cop in the past few weeks.
Full Article and Source:
Fake Badge Used to Bilk EDderly Out of Thousands: Believing They Were Assisting a Police Investigation, an 82-Year-Old Minneapolis Woman Gave Up $28,000 and a 94-Year-Old Richfield Woman Lost Nearly $10,000.
It was enough to convince a Minneapolis woman that he was genuine, so when he told her there was counterfeit money in her bank accounts that should be withdrawn, she complied.
The woman, 82, visited two banks on Friday and withdrew $28,000, police said. She then handed it over to the man with the badge. The problem: There was no such police investigation and no such officer; the badge was fake.
The alarming theft could be the second large haul for the fake cop in the past few weeks.
Full Article and Source:
Fake Badge Used to Bilk EDderly Out of Thousands: Believing They Were Assisting a Police Investigation, an 82-Year-Old Minneapolis Woman Gave Up $28,000 and a 94-Year-Old Richfield Woman Lost Nearly $10,000.
Monday, July 12, 2010
Texas Senate Jurisprudence Commitee Hearing Update
During a four-hour hearing last month in Austin, a few Texas senators listened to more than 20 people talk about problems in the state's guardianship system.
Some speakers complained that it is too political, with probate judges favoring certain attorneys for appointments on cases.
Others were angered that the probate code allows for ex parte hearings that, in emergency circumstances, enable judges to remove guardians without notice.
And several speakers accused state and local agencies of not seeking less restrictive alternatives, as required by law, before recommending guardianship.
The Senate Jurisprudence Committee is studying the effectiveness of the guardianship program implemented by the Department of Aging and Disability Services and Adult Protective Services and whether clients and their assets are being adequately protected.
The speakers included parents, former guardians, judges, advocates, court personnel and state officials -- all of whom had differing opinions and separate agendas.
And while criticism of APS and DADS dominated much of the hearing, many speakers voiced their concerns about various probate courts, including in Denton and Tarrant counties.
At least three Tarrant County families complained that Probate Judge Pat Ferchill removed them as their loved ones' guardians in ex parte hearings after receiving information that they were causing problems, were not cooperating or were not providing appropriate care.
"This should never happen -- family members and friends are removed, and no one is ever notified?" said Sharon Richardson, whose guardianship over her mother was stripped. "These ex parte hearings need to stop."
Full Article and Source:
Texas Senators Hear Complaints About Guardianship System
See Also:
Notes From Texas Public Hearing: State Senate Committee on Jurispudence
Some speakers complained that it is too political, with probate judges favoring certain attorneys for appointments on cases.
Others were angered that the probate code allows for ex parte hearings that, in emergency circumstances, enable judges to remove guardians without notice.
And several speakers accused state and local agencies of not seeking less restrictive alternatives, as required by law, before recommending guardianship.
The Senate Jurisprudence Committee is studying the effectiveness of the guardianship program implemented by the Department of Aging and Disability Services and Adult Protective Services and whether clients and their assets are being adequately protected.
The speakers included parents, former guardians, judges, advocates, court personnel and state officials -- all of whom had differing opinions and separate agendas.
And while criticism of APS and DADS dominated much of the hearing, many speakers voiced their concerns about various probate courts, including in Denton and Tarrant counties.
At least three Tarrant County families complained that Probate Judge Pat Ferchill removed them as their loved ones' guardians in ex parte hearings after receiving information that they were causing problems, were not cooperating or were not providing appropriate care.
"This should never happen -- family members and friends are removed, and no one is ever notified?" said Sharon Richardson, whose guardianship over her mother was stripped. "These ex parte hearings need to stop."
Full Article and Source:
Texas Senators Hear Complaints About Guardianship System
See Also:
Notes From Texas Public Hearing: State Senate Committee on Jurispudence
Volunteers Help Fill Gap as More Indigent People Require Legal Guardians
A silver dog tag hangs around the neck of the 57-year-old Air Force veteran, just in case.
Just in case he gets lost at Walmart, wanders away from his assisted-living facility or simply gets confused.
The tag lists his name and the cellphone number of his volunteer guardian, Eddie Carroll -- the only person who regularly visits him.
"Eddie is basically my only contact with the outside world," the veteran said.
Personal tragedy, alcohol abuse and a series of strokes have robbed the man of his short-term memory.
Because he no longer has any friends or relatives who are willing or suitable to look after him, a Tarrant County probate judge appointed Guardianship Services Inc., a Fort Worth-based nonprofit organization, his official guardian several years ago.
Carroll, a volunteer for the organization, was asked to help look after the man, an opportunity Carroll gladly accepted, partly because he's also a veteran.
"I happen to think he is a very neat guy," Carroll said. "His needs, wants and desires are not great. The things he likes to do, we do."
The man, who is not being identified because he is a ward, is among more than 2,400 Tarrant County residents being cared for by court-appointed guardians because they are physically or mentally incapable of making decisions about their personal, medical or financial affairs.
In most cases, Tarrant County's two probate judges appoint spouses, relatives or friends as the legal guardian, but an increasing number of people in need are on their own.
In those cases, the judges appoint Guardianship Services Inc.; the Department of Aging and Disability Services; or private, professional guardians to manage their lives and make crucial decisions.
"We are called upon to help protect people for a lot of different reasons," said Judge Steve King, who presides over Probate Court No. 1. "They may be totally functioning except they can't say 'no' to a con man or they can't say 'no' to their youngest child. They literally have to be protected from themselves." While no single agency keeps statistics on the total number of wards in Texas, state and local officials say there has been a surge in cases the past several years. Experts attribute the increase to people living longer, the prevalence of Alzheimer's and related dementia disorders, and people's reluctance to care for incapacitated loved ones.
Full Aritcle and Source:
Volunteers Help Fill Gap as More Indigent People Require Legal Guardians
Just in case he gets lost at Walmart, wanders away from his assisted-living facility or simply gets confused.
The tag lists his name and the cellphone number of his volunteer guardian, Eddie Carroll -- the only person who regularly visits him.
"Eddie is basically my only contact with the outside world," the veteran said.
Personal tragedy, alcohol abuse and a series of strokes have robbed the man of his short-term memory.
Because he no longer has any friends or relatives who are willing or suitable to look after him, a Tarrant County probate judge appointed Guardianship Services Inc., a Fort Worth-based nonprofit organization, his official guardian several years ago.
Carroll, a volunteer for the organization, was asked to help look after the man, an opportunity Carroll gladly accepted, partly because he's also a veteran.
"I happen to think he is a very neat guy," Carroll said. "His needs, wants and desires are not great. The things he likes to do, we do."
The man, who is not being identified because he is a ward, is among more than 2,400 Tarrant County residents being cared for by court-appointed guardians because they are physically or mentally incapable of making decisions about their personal, medical or financial affairs.
In most cases, Tarrant County's two probate judges appoint spouses, relatives or friends as the legal guardian, but an increasing number of people in need are on their own.
In those cases, the judges appoint Guardianship Services Inc.; the Department of Aging and Disability Services; or private, professional guardians to manage their lives and make crucial decisions.
"We are called upon to help protect people for a lot of different reasons," said Judge Steve King, who presides over Probate Court No. 1. "They may be totally functioning except they can't say 'no' to a con man or they can't say 'no' to their youngest child. They literally have to be protected from themselves." While no single agency keeps statistics on the total number of wards in Texas, state and local officials say there has been a surge in cases the past several years. Experts attribute the increase to people living longer, the prevalence of Alzheimer's and related dementia disorders, and people's reluctance to care for incapacitated loved ones.
Full Aritcle and Source:
Volunteers Help Fill Gap as More Indigent People Require Legal Guardians
A Good Guardianship
Jennifer Nikirk was six months pregnant and on her way home from her teaching job in Bridgeport when the wreck happened. She remembers none of it, or the months that followed.
But her parents and sister will never forget: The trauma doctors. The three-month coma. The waiting and praying.
On April 25, 2008, Nikirk, then 34, gave birth to her son, Dylan. Less than a week later, the single mother began to emerge from her coma.
Don Nikirk and his wife, Phyllis, had been trying in vain to handle their daughter's personal, medical and financial business since her wreck on Jan. 29, 2008. But because they hadn't been given power of attorney or been appointed her guardian, their hands were tied, even though she suffered a severe brain injury and was incapacitated.
Seeing no other option, Don Nikirk contacted an attorney to work toward being appointed her guardian, a process he quickly discovered was serious and complicated.
"Guardianship is the last resort," said attorney Jeff Arnier, who is the court investigator in Tarrant County Probate Court No. 2. "It is the most restrictive thing. You are going to strip away their civil rights. And you become married to the court."
On May 16, 2008, Probate Judge Pat Ferchill appointed Don Nikirk as his daughter's guardian, giving him full authority over her estate and person.
After the hearing, Ferchill's staff gave Don Nikirk an orientation and handbook on guardianship, outlining what was expected of him. Among other things, he was required to file an annual report, document every penny he spent of his daughter's money and be subjected to court oversight.
"The court clerk handed me this three-ring binder chock-full of information, and I looked at it and thought, 'Good God, what have I gotten into?'" Don Nikirk said. "Then it dawned on me what was going on. I didn't realize it put the person under the protection of the state."
Full Article and Source:
Tarrant County Woman Regains Control of Her Life
Sunday, July 11, 2010
Two Arrested During Peoria Nursing Home Check
Two people were arrested on outstanding warrants as part of a statewide check to see if nursing homes are complying with state regulations.
Attorney General Lisa Madigan said Sharon Health Care Willows, 3520 N. Rochelle Lane, appeared to be largely in compliance, but her team of local and state authorities did find five people who had warrants. Two of them were Frank Risavy, 54, who was wanted on a misdemeanor assault charge, and Melinda Wiegand, 52, who was wanted on a charge of retail theft, also a misdemeanor.
"When we are in the position of putting our grandparents into a nursing home, we want to know they will be safe," Madigan said at a news conference in Peoria after the early morning check at the nursing home.
She said people must thoroughly check out a nursing home: "Do their research" before moving a loved one there by meeting with the staff, touring the facility and go online to see if there are any reports about the nursing home.
Three others found to have warrants weren't arrested either because of bad health or because their warrants were issued in a county that was too far away for them to be taken there. The charges against those people weren't known.
Nursing homes, Madigan said, are required to get background check on their residents as well as their staff members, but warrants often don't show up on such a check or a person could pick up a warrant after moving in. That wasn't case in Peoria, as the two people arrested were picked up on warrants from 2008 and 2007, respectively. Statewide, 19 people, including the two in Peoria, were arrested.
Full Article and Source:
Two Arrested During Peoria Nursing Home Check
Attorney General Lisa Madigan said Sharon Health Care Willows, 3520 N. Rochelle Lane, appeared to be largely in compliance, but her team of local and state authorities did find five people who had warrants. Two of them were Frank Risavy, 54, who was wanted on a misdemeanor assault charge, and Melinda Wiegand, 52, who was wanted on a charge of retail theft, also a misdemeanor.
"When we are in the position of putting our grandparents into a nursing home, we want to know they will be safe," Madigan said at a news conference in Peoria after the early morning check at the nursing home.
She said people must thoroughly check out a nursing home: "Do their research" before moving a loved one there by meeting with the staff, touring the facility and go online to see if there are any reports about the nursing home.
Three others found to have warrants weren't arrested either because of bad health or because their warrants were issued in a county that was too far away for them to be taken there. The charges against those people weren't known.
Nursing homes, Madigan said, are required to get background check on their residents as well as their staff members, but warrants often don't show up on such a check or a person could pick up a warrant after moving in. That wasn't case in Peoria, as the two people arrested were picked up on warrants from 2008 and 2007, respectively. Statewide, 19 people, including the two in Peoria, were arrested.
Full Article and Source:
Two Arrested During Peoria Nursing Home Check
Sometimes a Conservator can be a Good Thing!
The thought of having a conservator appointed for a parent or relative - even a friend or neighbor - is something we all seem to loath. It has all sorts of negative connotations, including the fact that a conserved individual will be paraded through the probate courts with psychiatric and medical evaluations open for all to see. But, most of all, it's the loss of dignity that results when the state declares an individual incapable - and takes away his or her right to vote, or marry, or divorce, or write a check, or pay a bill, or make any other meaningful decisions. It's a position that no one wants to come to in this life.
But, despite all the negative aspects of being conserved, there are times when the appointment of a conservator is actually a good thing. Consider the case of Jane Wiederhold, a Barkhamstead, Connecticut, widow who was left an estate worth roughly $12 million by her husband, John Wiederhold. The Wiederholds had no children and the closest relatives lived out of state. At the time of her husband's death in January of 1998, Jane Wiederhold showed signs of dementia and the inability to manage her finances. A friend of the family reportedly stated to the police that she was unable to write a check to pay for her husband's funeral and she couldn't remember how to spell her name.
Prior to his death, John Wiederhold had an attorney, Peter K. Sivaslian, from Torrington, Connecticut. Immediately after John Wiederhold's death, Attorney Sivaslian started settling John Wiederhold's estate. He also began to assist Jane Wiederhold with her personal finances. Within three months after her husband's death, it is alleged that Attorney Sivaslian started purchasing bearer bonds and stock from the money in the Wiederholds' accounts, the bulk of which were later traced into accounts held by Sivaslian and his wife, Lillian Sivaslian, according to a warrant served on Attorney Sivaslian by Connecticut state police. The warrant charged Attorney Sivalslian with two counts of first-degree larceny and two counts of second-degree larceny. It is alleged that Attorney Sivaslian stole as much as $4.8 million from Jane Wiederhold over several years, although the actual loss is somewhat less because some of the stocks and bonds have been recovered. He also charged a fee of $2,000 a month to handle Jane Wiederhold's financial affairs, and he paid himself $200,000 to settle John Wiederhold's estate.
The situtation didn't come to light until three years after her husband's death, when Jane Wiederhold told her nephew that Attorney Sivaslian had not provided any accountings of her finances and she suspected that half her money was gone. The nephew said he would look into it.
Despite the concern of friends and the funeral home director, no one seemed to do anything to protect Mrs. Wiederhold or her money until the nephew got involved. "No one suspected an attorney would commit any wrongdoing, her relatives, friends and home assistants reported to police," according to an article published by the Register Citizan. Apparently, a medical examiner had recommended in 2001 that Mrs. Wiederhold be placed in conservatorship, but Attorney Sivaslian delayed filing the application until 2002 - more than five years after her husband's death.
This is a case where everyone in contact with Mrs. Wiederhold may have wondered what was going on, but no one felt they had the right to inquire - at least not until the nephew got involved.
That wouldn't have been the case if a conservatorship application had been filed with the probate court as soon as Mrs. Wiederhold lost her husband. That's when Mrs. Wiederhold was most vulnerable and in need of supervision with adequate checks and balances in place to insure that her best interests were taken care of. A conservatorship proceeding would have given her that support system. It would have appointed someone to take care of her personal and financial needs. It would have required that an initial inventory of her assets be prepared and filed with the court. It would have also required that an accounting of her finances be filed every three years - more often if requested by the probate court judge.
While we all loath the thought of a loved one being conserved, it's important to recognize that the probate court system in every state is designed to protect vulnerable individuals who can no longer care for themselves. Yes, there are alternatives that are available if the necessary steps are taken at the appropriate times. But, once the signs of dementia or other debilitating conditions become apparent, then the best option is to seek the protection of the probate courts. The Jane Wiederhold story is a tragic example of what could happen if you don't.
Full Article and Source:
Sometimes a Conservator can be a Good Thing!
But, despite all the negative aspects of being conserved, there are times when the appointment of a conservator is actually a good thing. Consider the case of Jane Wiederhold, a Barkhamstead, Connecticut, widow who was left an estate worth roughly $12 million by her husband, John Wiederhold. The Wiederholds had no children and the closest relatives lived out of state. At the time of her husband's death in January of 1998, Jane Wiederhold showed signs of dementia and the inability to manage her finances. A friend of the family reportedly stated to the police that she was unable to write a check to pay for her husband's funeral and she couldn't remember how to spell her name.
Prior to his death, John Wiederhold had an attorney, Peter K. Sivaslian, from Torrington, Connecticut. Immediately after John Wiederhold's death, Attorney Sivaslian started settling John Wiederhold's estate. He also began to assist Jane Wiederhold with her personal finances. Within three months after her husband's death, it is alleged that Attorney Sivaslian started purchasing bearer bonds and stock from the money in the Wiederholds' accounts, the bulk of which were later traced into accounts held by Sivaslian and his wife, Lillian Sivaslian, according to a warrant served on Attorney Sivaslian by Connecticut state police. The warrant charged Attorney Sivalslian with two counts of first-degree larceny and two counts of second-degree larceny. It is alleged that Attorney Sivaslian stole as much as $4.8 million from Jane Wiederhold over several years, although the actual loss is somewhat less because some of the stocks and bonds have been recovered. He also charged a fee of $2,000 a month to handle Jane Wiederhold's financial affairs, and he paid himself $200,000 to settle John Wiederhold's estate.
The situtation didn't come to light until three years after her husband's death, when Jane Wiederhold told her nephew that Attorney Sivaslian had not provided any accountings of her finances and she suspected that half her money was gone. The nephew said he would look into it.
Despite the concern of friends and the funeral home director, no one seemed to do anything to protect Mrs. Wiederhold or her money until the nephew got involved. "No one suspected an attorney would commit any wrongdoing, her relatives, friends and home assistants reported to police," according to an article published by the Register Citizan. Apparently, a medical examiner had recommended in 2001 that Mrs. Wiederhold be placed in conservatorship, but Attorney Sivaslian delayed filing the application until 2002 - more than five years after her husband's death.
This is a case where everyone in contact with Mrs. Wiederhold may have wondered what was going on, but no one felt they had the right to inquire - at least not until the nephew got involved.
That wouldn't have been the case if a conservatorship application had been filed with the probate court as soon as Mrs. Wiederhold lost her husband. That's when Mrs. Wiederhold was most vulnerable and in need of supervision with adequate checks and balances in place to insure that her best interests were taken care of. A conservatorship proceeding would have given her that support system. It would have appointed someone to take care of her personal and financial needs. It would have required that an initial inventory of her assets be prepared and filed with the court. It would have also required that an accounting of her finances be filed every three years - more often if requested by the probate court judge.
While we all loath the thought of a loved one being conserved, it's important to recognize that the probate court system in every state is designed to protect vulnerable individuals who can no longer care for themselves. Yes, there are alternatives that are available if the necessary steps are taken at the appropriate times. But, once the signs of dementia or other debilitating conditions become apparent, then the best option is to seek the protection of the probate courts. The Jane Wiederhold story is a tragic example of what could happen if you don't.
Full Article and Source:
Sometimes a Conservator can be a Good Thing!
Woman Charged With Three Felonies
A 43-year-old Willmar woman made her first appearance Thursday on three felony charges for allegedly taking $1,710 from a vulnerable woman whom she befriended by helping with household chores.Kristi Friese faces charges for financial transaction card fraud and financial exploitation of a vulnerable adult in Kandiyohi County District Court. She was released on her personal recognizance and ordered to have no contact with the woman or her guardian.
Her next appearance is July 19.
According to the complaint, a woman contacted Willmar police May 24 and reported a large amount of money was missing from her relative’s bank account. The woman had been appointed as guardian over the woman, who is a vulnerable adult. Records showed a total of $1,710 in withdrawals from automatic teller machines at several locations in Willmar. The transactions had occurred between May 10 and 19. The guardian had suspected Friese because she had come to the woman’s home to do clean up work.
Full Article and Source:
Woman Charged With Taking Money From Vulnerable Adult
Saturday, July 10, 2010
Mediation Offers Resolution (and Solutions) Without Court
There is an alternative to going to court when individuals or businesses are in conflict. Mediation can be not only less expensive and divisive than traditional lawsuits, but also carry the weight of a court ruling.
Attorney Christine Pate says mediators are not judges.
“If two or more people have a dispute, they may be thinking about taking it to court. Mediation is a form of alternative dispute resolution. You may have one or two mediators assisting the parties to facilitate an agreement. I think the term is that the ‘mediator owns the process, and the participants own the content.’ So the mediator doesn’t really make decisions for the parties, they just help them reach an agreement.”
Bosman also says mediation can be far less expensive than going to court.
Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
[Attorney Corrie]Bosman also says mediation can be far less expensive than going to court. Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
And, according to Christine Pate, people leave mediation feeling better about a decision than they do in a court setting – especially in domestic disputes. Arguments are exchanged in court; in mediation it’s all about dialogue.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
Full Radio Interview Source:
Mediation Offers Resolution (and Solutions) Without Court
Attorney Christine Pate says mediators are not judges.
“If two or more people have a dispute, they may be thinking about taking it to court. Mediation is a form of alternative dispute resolution. You may have one or two mediators assisting the parties to facilitate an agreement. I think the term is that the ‘mediator owns the process, and the participants own the content.’ So the mediator doesn’t really make decisions for the parties, they just help them reach an agreement.”
Bosman also says mediation can be far less expensive than going to court.
Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
[Attorney Corrie]Bosman also says mediation can be far less expensive than going to court. Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
And, according to Christine Pate, people leave mediation feeling better about a decision than they do in a court setting – especially in domestic disputes. Arguments are exchanged in court; in mediation it’s all about dialogue.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
Full Radio Interview Source:
Mediation Offers Resolution (and Solutions) Without Court
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