OBRA Trusts: Medicaid Planning or Medicaid Fraud and Abuse?

OBRA Special Needs Pooled Trusts, as well as other types of trusts, are being utilized by unethical lawyers, nurses, and guardianship companies in Cook County, Illinois, to enrich themselves while the elderly disabled wards are being assigned court-appointed guardians and being placed into public aid nursing homes.

In fact, one Cook County Probate Court lawyer educates her peers in ways in which very large estates may be placed into OBRA and/or other types of trusts, to allow the disabled ward to qualify for Medicaid. She also educates her peers on which types of trusts are lacking oversite, and which types of trusts allow for "administrative fees" (i.e., attorneys' and guardians' fees). Her educational video, which some feel to be controversial, may be viewed at this website: IllinoisProBono.org

Unfortunately, some corrupt players in the Cook County Probate Court system (lawyers, nurses, judges, and guardianship companies) are using this legal loophole so they may enrich themselves through OBRA Special Needs Pooled Trusts. This Medicaid abuse can occur because only certain "special needs" expenses may be paid from OBRA Special Needs Pooled Trusts, such as medical bills, insurance premiums, and "administrative fees". However, housing may NOT be paid from these accounts. As a result, the ward is immediately moved to public aid housing once their estate is placed into the OBRA Special Needs Trust.

There are numerous victims of this Medicaid Abuse scheme. There are even cases in Cook County where the lawyers and/or guardians, with the knowledge of the judge, illegally deposited dis-allowable funds of the ward (VA disability benefits, newly-discovered funds, etc) into the OBRA Trust.

Also, please contact the VA benefits office nearest you if you identify illegal funding of an OBRA account with VA benefits.

To read more about this abuse, visit www.ProbateSharks.com.

Full Article and Source:
NASGA: Soapbox: OBRA Trust Accounts: Medicaid Planning or Medicaid Fraud and Abuse

Director of NH Homeless Shelter Indicted in Theft

The director of a New Hampshire homeless shelter and soup kitchen — a retired Manchester police captain — is facing felony charges he stole money from a trust set up for a disabled cousin.

The five-count indictment against 56-year-old Michael Tessier was handed down by a grand jury.

Tessier is charged with recklessly disregarding a known legal obligation to Thaddeus Jakobiec Jr., a blind and disabled cousin for whom the trust was established. Tessier allegedly transferred more than $80,000 to one of his personal bank accounts.

In September, Tessier told the New Hampshire Union Leader that he had done nothing wrong. His lawyer said he’d repaid the money.

Full Article and Source:
NH Homeless Shelter Director Indicted in Theft

Bank-Robbing Lawyer Admits Embezzling From Clients

When he's finished serving time for two out-of-state bank robberies, a suspended local lawyer will return to Erie County for more jail time.

Michael W. Rickard II, 42, pleaded guilty to two felony grand larceny charges lodged against him for embezzling nearly $63,000 from two former local clients.

Rickard admitted stealing $10,240 he was holding for a 91-year-old mentally incapacitated woman who lives in a nursing home. He had been appointed her legal guardian. He also took $52,662 from another client's estate.

State Supreme Court Justice Russell P. Buscaglia told Rickard he would likely sentence him to a one-year jail term after Rickard finishes his federal prison term of 37 months in a West Virginia prison.

The clients will be reimbursed by the New York State Lawyers Fund, which provides reimbursement to law clients who have lost money as a result of a lawyer's dishonest conduct in the practice of law.

Full Article and Source:
Bank-Robbing Lawyer Admits Embezzling From Clients

Editorial: Don't Let Hawkes Off The Hook

PAUL HAWKES' ABRUPT RESIGNATION as chief judge of the 1st District Court of Appeal in Tallahassee is a positive development, but it should not silence questions about his abuse of his position to win approval for an opulent new courthouse. The Judicial Qualifications Commission, which has the power to discipline or remove judges, should proceed with a vigorous investigation. Separately, state Sen. Mike Fasano's call for legislative hearings on how the $48 million courthouse received funding should be embraced by his colleagues and the judiciary.

Hawkes' sudden decision last week to give up the position of chief judge during an emergency private meeting with his fellow judges raises more questions than it answers. He may have been responding to a request from Florida Supreme Court Chief Justice Charles Canady, who would not confirm or deny reports that he asked for the resignation. Or Hawkes could be trying to short-circuit the JQC investigation and save his spot on the appellate court. That is a self-serving strategy that does not restore the court's tarnished reputation and should not be allowed to succeed.

There is no indication Hawkes has any remorse for his relentless pursuit of such an ostentatious courthouse at a time of declining state revenue, his heavy-handed lobbying of the Legislature for funding, or the damage he has done to the reputation of the state's court system. His written explanation of how the project evolved does not match public records or the recollection of others.

The JQC has several avenues to pursue. Among them:

• Lobbying legislators and pressuring state officials. Hawkes, a former Republican legislator and top aide, was the driving force in pushing lawmakers to scrape up the money for the courthouse. Those tactics included a curious authorization of a $33.5 million bond issue in an unrelated bill approved on the last day of the 2007 session. Hawkes and others on the court then bullied the Department of Management Services so they could micromanage every detail of construction.

• Failing to disclose a conflict of interest. Hawkes ruled on an important case involving the St. Joe Co. while the court was negotiating to build the courthouse on public land that was formerly owned by St. Joe and could have been retaken by the company. Lawyers for 75 property owners who lost that case asked the Florida Supreme Court on Friday to set aside the decision. They reasonably argue Hawkes should have disqualified himself from hearing the case or disclosed his potential conflict of interest. Hawkes denies there was a conflict.

• Free trips. Hawkes and two fellow judges took a free trip in 2008 on a private jet paid for by the courthouse construction manager to see the Michigan Supreme Court, which served as a model for the new appellate court in Tallahassee. Court officials say Hawkes also tried to arrange a free trip to Louisville, Ky., to visit a furniture manufacturer and Churchill Downs but was told he could not go by the then-chief judge. Hawkes says he "never even thought about" going on such a trip.

Amid these serious concerns, giving up his position as chief judge was the least Hawkes could do. But that should not be the end of the story. There is plenty for the JQC and the Legislature to investigate, and they should not be sidetracked by Hawkes' effort to save his job.

Full Article and Source:
Don't Let Hawkes Off The Hook

Man Charged in Will Scam

A Suffolk County grand jury has indicted a Millbury man on charges he produced a bogus will and posed fraudulently as the rightful heir to nearly $1.5 million in the unclaimed assets of a dead Winthrop doctor, prosecutors said.

The grand jury indicted Kevin L. Upshaw, 42, this week on charges he presented the state treasurer’s abandoned property division with documents purporting to be the will and trust agreement of the late Dr. Rose Jannini. The charges include three counts of forgery, three counts of presenting false documents, and single counts of attempted larceny over $250 and giving a false statement under the penalties of perjury.

Full Article and Source:
Millbury Man Charged in Will Scam

CA: Proposed Pilot Treatment Program for Mentally Ill

It’s been almost seven months since Rich Detty’s son died in a Santa Barbara County psychiatric unit, and he’s still got more questions than answers.

In April, Cliff Detty, 47, of Santa Maria, died after spending hours in a restraint that held his limbs and torso down inside the county Psychiatric Health Facility in Santa Barbara. The younger Detty had struggled with paranoid schizophrenia for nearly a decade, and was homeless much of the time, or in jail.

Since Cliff Detty’s plight was uncovered, discussion has been under way about how to reform existing law and better serve patients and their families. Under current law, patients must present a danger to themselves or others, or be deemed gravely disabled, to be taken in for emergency treatment involuntarily. It was under such circumstances that Rich Detty was repeatedly denied the mental health assistance he sought for Cliff, who would have had to come in on his own terms to receive it.

But California counties can opt in to a provision called Laura’s Law that would require outpatient treatment for people who are unable — or won’t — access mental health services voluntarily. Any adult with whom the person resides, as well as a set of other qualified people, can petition the local Superior Court for treatment for the person with mental illness. The county mental health director then must conduct an investigation to determine whether the person qualifies, and if so, the person is placed in a six-month outpatient treatment program. Patients remain in the community and receive treatment, with less disruption to their lives than being locked away in a facility, according to advocates.

Of the program, [Commissioner Ann] Eldridge cast a wary eye.

“I’m going to be looking at it very carefully,” she said.

Responding to Eldridge’s concern about the lack of court oversight in the pilot project, Feliciano said the county already promotes a conservatorship program. But some argue that the conservatorship process is more intrusive than the role of the court within Laura’s Law. A person must be a danger to himself or others to qualify for conservatorship, excluding many people from treatment. Still, the ADMHS is hesitant to employ the law.

Full Article and Source:
In the Wake of Patient's Death, ADMHS Proposes Pilot Treatment Program for Mentally Ill

Indiana Judge Suspended

A Marion County traffic court judge accused of abusing his power will be suspended without pay for 30 days.

Superior Court Judge William E. Young was charged with four counts of judicial misconduct in July and reached a "conditional agreement of discipline" with the Indiana Commission on Judicial Qualifications.

The Indiana Commission on Judicial Qualifications determined that Young issued unnecessarily harsh sentences, was tougher on those who chose to go to trial, gave out a standard sentence to defendants who lost at trial instead of considering the circumstances of their cases, and tried to coerce defendants into pleading guilty, sometimes by making inaccurate comments about the burden of proof.

Young didn't offer a formal response to the charges, but he agreed to the accuracy of certain facts surrounding each charge and to the punishment, according to court documents.

Full Article and Source:
Marion County Traffic Court Judge to be Suspended 30 Days

NY Woman Accused of Embezzling $90K

A 40-year-old New York state woman accused of embezzling $90,000 from an elderly Suttons Bay man was arrested last week in Connecticut.

Gina Miller was arrested on a warrant issued by county Prosecutor Joseph T. Hubbell for bilking funds from a county resident who believed her friend needed a liver transplant. The story was made up.

Miller has waived extradition, which means Hubbell can start the process of bringing her to Leelanau to answer these charges. He did not know when Miller will be transported.

Court documents show she had experience in taking money from vulnerable people. Miller was convicted in the Queens County Court, New York City, of first degree scheming to defraud in 2003, and of grand larceny on June 14 of this year.

Hopefully, the case will serve as notice to older residents and their families that predators are ready to take advantage if an opening is presented, according to Det. Clint Kerr, who investigated the Leelanau case.

“Don’t just give your money to people, especially people you don’t know very well,” Kerr said.

Miller is charged with three counts of using false pretenses to obtain $20,000 or more from a vulnerable adult, and two counts of conspiracy to commit false pretenses of $20,000 or more from a vulnerable adult. The felony charges are punishable by up to 10 years in prison and a fine of up to $15,000 or three times the value of the amount taken, which ever is greater. Hubbell also is a seeking habitual offender third offense charge, which if included on a plea or sentence of guilty would double the penalties.

Full Article and Source:
NY Woman Accused of Taking $90,000

OR: Elder Investment Fraud and Financial Exploitation Prevention Program

Oregon has joined 22 states in a new effort project senior citizens from investment fraud.

The national effort is called the Elder Investment Fraud and Financial Exploitation Prevention Program. The program will train medical professionals to recognize seniors who may be vulnerable to scams because of cognitive impairment or Alzheimer’s disease, and then refer these at-risk patients to securities regulators and adult services professionals.

Full Article and Source:
Oregon Joins National Effort to Fight Scams Aimed at Seniors

Mass. Aims to Cut Drug Overuse for Dementia

State regulators and the Massachusetts nursing home industry are launching a campaign [11/19/10] to reduce the inappropriate use of antipsychotic medications for residents with dementia — a practice that endangers lives and is more common here than in most other states.

During the next year, a team of specialists will identify nursing homes with successful methods for avoiding overuse of antipsychotics and determine which homes need help cutting back. Nursing home staff will be taught how to deal with aggressive and difficult behaviors, often displayed by dementia patients, without resorting to antipsychotics to sedate them.

In 2009, 22 percent of Massachusetts nursing home residents who received antipsychotic medications did not have a diagnosis for which the drugs were recommended — the 12th highest rate of inappropriate antipsychotic use in the nation, the Globe re ported earlier this year.

Twice in the past five years, federal regulators have issued nationwide alerts about troubling and sometimes fatal side effects when antipsychotics are taken by people with dementia, often Alzheimer’s patients.

Full Article and Source:
Massachusetts Aims to Cut Drug Overuse for Dementia

Feds Say Adviser Bilked Elderly to Support Dancers

Sugar daddy by night?

That's what federal authorities allege a Farmington Hills man amounted to in running a Ponzi scheme in which he conned elderly investors into giving him their money.

Investment adviser Keith Epstein then used the money to financially support three exotic dancers, pay for his gambling habit, travel and art expenditures, and pay interest to other investors, according to a criminal complaint filed in federal court.

Attorney Ron Chapman, who is pursuing three civil suits against Epstein on behalf of clients who were allegedly bilked -- including an 85-year-old widow who lost her life savings -- said of Epstein: "He knows no shame."

Full Article and Source:
Farmington Hills Advisor Bilked Elderly to Support Dancers, Feds Say

SD Lawyer Sees Blessing in the Fall

It's hard to know when things went bad for Mary Ann Giebink. It's hard to know when she took the irreversible steps that led to the collapse of her law career.

But it's easy to know when things began to get better.

That would be this summer and fall, when Giebink stepped up to the South Dakota legal system, explained her crimes, addiction and depression, and began to heal.

Giebink, 50, pleaded guilty to three charges she faced after a police chase last May that reached 100 mph. One charge was the felony of "aggravated eluding" that put herself and others at risk of injury or death. Another was second-offense drunken driving, a misdemeanor. The third was felony grand theft by embezzlement, a shuffling of money at her law office that began the sequence that led to her drunken binge at a Sioux Falls bar and the chase.

Her actions startled a community that knew her as a leader on social, legal and gender issues.

Full Article, Video, and Source:
Lawyer Sees Blessing in the Fall: 'I Was Dying Inside'

Man Takes Plea Deal in Case of Fraud, Swindling, Grand Theft, Money Laundering

Asoka Perera, who stole more than $450,000 from an elderly woman, banks and tea supply houses, took a plea deal Monday and was sentenced to seven years in prison.

Perera was arrested April 5 and charged with multiple counts of fraud and swindling to obtain property, grand theft, money laundering and writing bad checks.

As part of a plea deal, Perera pleaded guilty to money laundering, theft from a person 65 years of age or older, criminal use of personal identification information and two counts of grand theft.

In addition to prison, Perera must serve 10 years of probation.

Circuit Judge Beth Harlan ordered that Perera must pay more than $457,000 in restitution to several victims. However, the figure will get larger. The judge will determine at a later hearing how much money one remaining victim, a tea supply company, should receive.

Full Article and Source:
Man Takes Plea Deal in Case of Fraud, Theft, Swindling and Money Laundering

Contractor Repaid for Lawyer's Theft

A contractor bilked out of more than a half million dollars by a Cape attorney is getting his money back, reports the Cape Cod Times.

It’s the second largest award ever granted by the Massachusetts Clients Security Board, a quasi state panel that makes good on money stolen from attorneys’ clients.

Norman Sasville, 63, of Middleboro was awarded $656,000 by the state board. He’s one of 92 clients awarded $2.4 million by the board this year, according to a press release issued this week.

The board, which the Supreme Judicial Court established 35 years ago to restore a level of trust in the legal profession, uses money from a $300 fee licensed attorneys pay annually.

Source:
Builder Repaid for Lawyer's Theft

Laughing About Getting Old

With the timing of a professional comedian, this diminutive "little old lady" shines a very funny light on the foibles of aging, to the delight of an audience filled with senior-care experts.



Source:
YouTube

See Also:
CaregiverStress.com

HomeInstead.com

'Emergency Guardianship' Battle Hard Fought but Won

On August 4, 2009, my 76 year old mother, who has Alzheimer’s, was removed from her home under the direction of a county attorney. My brother was told by a county social worker that they were placing my mother on a 72 hour hold. August 4th was a Tuesday – the 72 hour hold would have expired on Friday. The county had all day Wednesday, all day Thursday and almost all day Friday to make contact with the family, but they did not even attempt to contact family. The very next morning, less than 24 hours later a county social worker, along with the county attorney, filed a Petition for Emergency Guardianship – appointing the county social worker as guardian.

They chose to not contact any family members, even though they had 72 hours in which to make contact. My sister is a RN and she had Power of Attorney, but that did not matter. My mother has 6 children – none of whom were contacted regarding the Emergency Guardian Petition. How is it possible that a county social worker and a county attorney could believe that this was proper behavior?

They threw my mother in a nursing home, even though it is a documented fact that people with dementia should not be removed from their surroundings. They never once contacted family to ask what would be in my mother’s best interest. My mother suffered horribly at the nursing home the county chose. After only 3 weeks, my mother was hospitalized for an infection, she had a fractured wrist and she had bruising to all sides of her body, including a baseball sized bruise to her left breast.

A hearing on the appropriateness of the Emergency Guardian must be held within 5 days. The family never received notice of this hearing. It was by pure luck that my sister and I found out about the hearing and attended at the last minute. Once there, we BEGGED to be allowed co-guardians of our mother with the county social worker. Had we arrived a few minutes later, the hearing would have been over and we would have “lost” our mother to a county social worker.

On October 8, 2009 my sister and I obtained Permanent Guardianship over our mother and the county social worker’s guardianship was terminated. During the three-month Emergency Guardianship that the county forced upon my mother, she lost approx. $25,000. She also suffered a severe emotional/mental decline, from which she has never recovered. Even after all of this, we consider ourselves lucky, because our nightmare is over. There are others out there who have been battling abusive guardianships for years.

Source:
NASGA: Clarice Sunderland

Iowa Facility Fined for Repeated Sexual Nursing Home Abuse

The Abington on Grand Nursing Home in Ames, Iowa has been fined $6000 for not protecting residents from repeated sexual nursing home abuse. The Iowa Department of Inspections and Appeals said the mentally disabled residents of the nursing home were subjected to sexual abuse and threats of violence.

One of the alleged abusers was a resident who was court ordered to the nursing home. The staff had documented numerous times the man's sexual abuse of other residents, as well as his threats to kill people. One staff member told investigators she saw the man having sex with another resident but was told by the nurse in charge to just keep an eye on the two.

Investigators were also told by a staff member that a female resident with a severe mental impairment had been caught having sex with residents but the situation was laughed off by other staff members.

The owner of the Abington on Grand who was fined the $6000 said he has nothing to do with how the facility is run.

"I'm just the owner," he said. "The company I have is just the owner of the real estate. We have nothing to do with the operation."

Full Article and Source:
Iowa Nursing Home Fined for Repeated Sexual Nursing Home Abuse

See Also:
Ames Nursing Home Admonished Again

Average Cost of Nursing Home Room Tops $83K a Year

Nursing home and assisted living rates rose significantly from 2009 to 2010, according to the 2010 MetLife Market Survey of Long-Term Care Costs. Private room nursing home rates rose 4.6 percent to $83,585 a year or $229 a day, while assisted living facility costs climbed 5.2 percent on average to $39,516 a year or $3,293 a month.

The average cost of home health care aides and adult day care were unchanged, after having jumped about 5 percent the year before. Home care aides still average $21 per hour and adult day care services remain at an average $67 per day.

The survey also reports on the cost of a semi-private room in a nursing home, which increased 3.5 percent to $205 a day, or $74,825 a year. The cost of a semi-private room in an Alzheimer's wing actually dropped, from an average of $75,920 to an average of $75,190 annually.

Once again, the highest rates for a private nursing home room in 2010 were found in Alaska, where the cost is now $687 a day on average. The lowest rates were found in Louisiana (with the exception of Baton Rouge and the Shreveport area), at $138 a day.

The cost of assisted living was the highest in the Washington, D.C., area, at $5,231 a month and the lowest in Arkansas (except for Little Rock) at $2,073 a month. Average home health care aide services ranged from a high of $30 an hour in Rochester, Minnesota, to $14 and hour in the Shreveport area of Louisana. Adult day care services were highest in Vermont at an average of $140 a day and lowest in the Montgomery, Alabama, area, at $31 a day.

Source:
Thompson/McMullen Articles

Read the 2010 MetLife Survey of Long-Term Care Costs

Laurie Roberts: Too Bad Marie Long Didn't Have Lindsay Ellis' Retirement System

I just took a swing through the pensions we are doling out to our former elected leaders and judges. Turns out you don’t even have to be an elected leader or a judge to score a comfy retirement, courtesy of Arizona taxpayers.

Lindsay Ellis – the now-retired probate court commissioner who was charged with protecting Marie Long -- retired earlier this year and now draws a $104,400 annual pension.

Court commissioners are appointed by Superior Court’s presiding judge. By rights, they should be part of the pension system of rank-and-file state employees rather than elected officials and judges. They don’t go through the vetting system that full-fledged judges face. They never have to stand for retention at elections as full-fledged judges do. And yet they get the perks.

“The judge’s plan merged with the elected officials plan in 1985,” Tracey Peterson, who is chief operating officer of several of the plans, including this one, told me. “Court commissioners were a part of the judge’s plan. So when there was the merger, they just came over.”

That means we are kicking in more than $2 for every $1 that she and other commissioners put into their retirement (as opposed to a dollar-for-dollar match for other state employees). After 20 years, commissioners get to retire with 80 percent of their pay (a far cushier deal than other state employees), plus they get annual 4 percent cost-of-living adjustments (regular state employees haven't had a cost-of-living adjustment in five years).

The whole thing leads me to wonder why anyone would ever want to be a judge when they can be hired as a commissioner and get the same black robe and the same great perks -- without the hassle of facing voters ever four years.

Full Article and Source:
Too Bad Marie Long Didn't Have Lindsay Ellis' Retirement System

TX: Reporter Confronts Convicted Thief

A neighbor convinced an elderly woman to give him power of attorney, and then, when she was in the hospital; He moved his family into her home!

Sounds crazy, but it's true.

When the elderly woman's husband died, she inherited a substantial amount of money.

Her neighbor, who also mowed her lawn saw an opportunity. He convinced her to sign a last will and testament, durable power of an attorney and medical power of an attorney.

Police eventually arrested the man and charged him with theft. He's now on probation and doing restitution. But he still lives in the neighborhood, so I paid him a visit and confronted him!

Watch the Video

See Also:
Ripping Off Grandma - A Different Kind of Abuse

Protecting Vulnerable Texans: SB 220

Texas State Senator Jane Nelson, R-Flower Mound, today filed a package of legislation intended to reform state programs designed to protect children, seniors and Texans with disabilities.

"As we work to balance the state budget, it is critical that we live up to our responsibilities to protect our most vulnerable citizens," Nelson said. "These reforms will help ensure the safety of children, seniors and Texans with disabilities.

Protecting Vulnerable Texans: SB 220 includes procedural reforms to help families navigate the guardianship system and to protect individuals and their assets while under a guardianship. Key provisions include immediate notification to guardians who are removed by a court and a longer period for them to seek reinstatement. SB 221 strengthens protections against the exploitation of seniors and ensures that law enforcement is notified if a client's home may be left vacant due to the client being removed under a protective order. SB 223 increases efficiencies in long-term care services for seniors and individuals with disabilities, and directs the Department of Aging and Disability Services to ensure that consumers are aware of their options. "I have become extremely concerned by some of the stories I am hearing involving seniors having their lives taken over by third parties, and it is time for us to re-examine the protections that should be in place to protect our graying population from exploitation," Nelson said. "Our guardianship system also needs to be transparent and fair."

Full Article and Source:
Protecting Vulnerable Texans: SB 220

Feds Say Delaware's Mentally Ill Still Warehoused

The Delaware Psychiatric Center warehouses the mentally ill and fails to protect them from harm, the U.S. Department of Justice's Civil Rights Division concluded in a scathing report made public.

The 21-page report, delivered to Gov. Jack Markell's office, is based on a three-year federal investigation triggered by a series of News Journal stories about patient abuse at the state's mental institution on U.S. 13 near Minquadale.

Among the report's conclusions:
• At least 70 percent, and perhaps more, of the 170 patients in beds for noncriminals "could be -- and have a right to be -- living in community settings with appropriate services and supports." The average stay should be three to six months, but instead it's about three years. One top state administrator told investigators "pretty much everyone at DPC would be appropriate for community placement."

• Delaware's shortage of community programs, particularly crisis services, leads to "unnecessary institutionalization." Expansion of existing programs "would lead to a significant cost savings" for state taxpayers.

• Patients are too often put in restraints or seclusion "for excessive periods" to control aggressive behavior. Such action not only violates their constitutional right to due process, but illustrates the hospital's "inadequate assessment and treatment of risks."

• Patients face a "high risk" of abuse and neglect, especially those awaiting discharge. In one case, an employee hit a patient in the head with a set of keys, causing cuts that "required sutures and staples to close." In addition, investigations into serious incidents are often inadequate.

Full Article and Source:
Feds Say Delaware's Mentally Ill Still Warehoused

Ginger Franklin Fights for Control of Her Life

Franklin’s story illustrates what can happen to anyone who falls under the control of a conservator, which is a guardian appointed by the court to oversee the affairs of someone unable to take care of themselves.

Franklin fell down the stairs in her condo in 2008 and suffered a brain injury. She spent two months in rehab hospitals. Now that she's recovered, she's finding it very difficult to dissolve the conservatorship. She's been trying for more than a year.

She said people have no idea how many rights you lose when your life is controlled by a conservator.

"They strip all your rights when you're conserved," Franklin said.

As she discovered, people in conservatorships can't pick their own doctors, see their medical records or refuse mind-altering medicine. They can't write checks, handle their own money, sell or give away their possessions or enter into contracts, not even cell phone or cable contracts. They can't get married and can't hire a lawyer.

"People who are in prison have more rights than people who are conserved," Franklin said.

Randy Kennedy is the judge of Probate Court in Nashville. He oversees about 1,800 conservatorship cases. The Channel 4 I-Team asked why it’s so hard for someone to dissolve a conservatorship.

Judicial ethics prohibit him from speaking about Franklin’s particular case, but Kennedy agreed to comment in general.

"Often times, people think they can just walk in and say, 'Despite my debilitating stroke, or despite my traumatic head injury, or despite my Alzheimer's or senile dementia, I'm OK now and you need to take my word for it,’" Kennedy said. "The courts are not supposed to be making those kinds of judgments without clear and convincing evidence."

Franklin said she believes she's provided enough proof that she's well.

Franklin said she wants her life back. Her car is gone -- she doesn't know where -- as are almost all of her household items. Her stocks are gone; her checking and savings are accounts nearly empty. She said the conservator filed bankruptcy without her knowledge.

"I'm 52 years old, and everything that I have has been liquidated," Franklin said. “I wasn’t a rich woman, but I had nice things.

Franklin said she hasn't had an accounting of how her money was spent. Her house is now in foreclosure.

The public guardian appointed to her case did not return the I-Team's phone calls. Franklin said the conservatorship was the worst thing that ever happened to her.

"I understand it was entered into it with good intentions, and I'm sure there are people who are conserved who need to be conserved. But it has not done me any good. It has ruined my life," Franklin said.

Full Article and Source:
Woman Fights For Control of Her Life

See Also:
Ginger's Story

October 23, 2007 “Emergency” Ex Parte Hearing vs. Danny Tate

Here’s the cast of characters:

Judge Randy Kennedy: sitting judge for the 7th Circuit Court, Davidson County, Nashville, TN., appointed to the bench by Governor Phil Bredesen to an elected bench.

David Tate: Petitioner and brother to Danny Tate (the alleged “disabled” Respondent) who was not present and who had no idea this secret proceeding was taking place.

Paul Housch: attorney for the Petitioner, David Tate. Also, close friend, business associate, fellow alumni and other questionable alliances with Judge Kennedy. Campaign contributor to Judge Randy Kennedy’s unopposed re-election to a bench he was never elected to in the first place. Had never met or laid eyes on Danny Tate.

Robert Stratton: proposed Guardian Ad Litem for Danny Tate. Also, campaign contributor to Judge Randy Kennedy’s unopposed re-election. He has never met Danny Tate. As GAL, his responsibility is to investigate the allegations made by the Petitioner, David Tate, and to represent the interests of the Respondent, Danny Tate.

[The video transcript of this proceeding has just come to light, over three years after it took place. Judge Kennedy's office denied that this video transcript existed]

Read the transcript of the 10/23/2007 "Emergency" Ex-Parte Hearing

View the Ex-Parte Hearing

See Also:
Impeachment Is Not Good Enough

Denver Man Accused of Swindling 19 Elderly Persons

A 47-year-old Denver man has been charged with swindling 19 elderly individuals out of more than $1 million over a three-year period, according to the Denver district attorney's office.

Michael Mendenhall was charged Monday with multiple counts of theft from an at-risk adult by Denver District Attorney Mitch Morrissey.

The charges allege that Mendenhall took money from the elderly victims, some of whom had known Mendenhall for years, and signed promissory notes saying the money would be used for real estate acquisitions.

Investigators allege that instead of investing in real estate, Mendenhall used the funds for his personal residence, for his person use, to repay other investors, or to convert into cash.

The 22 promissory notes signed by Mendenhall and issued to 19 individuals were dated between Sept. 28, 2007, and Aug. 24, 2010. The promissory notes total $1,044,644, according to the arrest affidavit.

Full Article and Source:
Denver Man Charged with Bilking Elderly Out of More Than $1 Million

Lawyer/Guardian Cleared in Negligence Case

An attorney who was accused of negligence in the guardianship of an 83-year-old woman by the woman's family has been cleared of all allegations by a jury.

A daughter of Nannie McIntosh, Isabella Bennington had filed the civil suit against Tresa Gossett, a Bethel, Ohio attorney who serves as solicitor for the village of Aberdeen, Ohio. The civil case was unrelated to any duties Gossett has with the village.

Bennington alleged in her civil case that Gossett was not only negligent, but had converted some of her mother's property. She filed the suit in August, 2009.

Gossett filed a counter-complaint that the family was abusing a judicial process.

The case went to trial Monday, with Bennington's attorney, James Banks, outlining several specific accusations in his opening statement. Among those accusations, that Gossett did not permit McIntosh's daughters to visit her in the nursing homes where she spent the last several months of her life, that she failed to set up a payment arrangement for McIntosh's supplemental insurance, resulting in its cancellation and that items went missing from the home for which Gossett, as guardian, would have been responsible.

Gossett's attorney, Rick Weil, countered those claims in his opening statements mostly through the use of a time line beginning with a police report of a theft of $36,000 in January, 2007, long before Gossett knew the family. He also played a 911 recording in which one sister accused another of abusing their mother and described other calls placed by McIntosh in which she said she needed assistance with her medication and asked the dispatchers if they would like to buy a quilt.

Those 911 calls prompted protective services to become involved. Weil said probate court recommended an attorney as guardian because the family couldn't agree on a guardian.

Weil said Gossett had more than two decades experience as an attorney and no prior complaints of anything unethical. He described her as the "go-to" person for the court when there is need of a guardian.

Full Article and Source:
Lawyer Cleared in Negligence Case

See Also:
OH: Family Files Suit Against Guardian

Guardians Gone Wild? State Sanctioned Thievery at its Sickest

Sometimes there are people who need the help of others; people whose lives, for whatever reason, get turned upside down by mental illness, age, health issues, or even life altering situations. For these people, those who are left without family, friends, or anyone willing to care for them responsibly, the state should get involved. Or, at least, that's how it should work according to our current system.

Oftentimes these days the state involves itself much earlier under the auspices of caring for people, even those who still have a responsible support network.

Oregon is not untouched by this rampant pilfering of incapacitated peoples' assets.

A case that has the potential of becoming such a story is that of Carolyn Rousseau, from Grants Pass, Oregon. Rousseau was deemed mentally ill by Jackson County, Oregon, Circuit Judge Daniel Harris on November 5, 2008. According to court documents, Harris placed her on a 180-day commitment hold, and Ms. Rousseau effectively became a ward of the state. Soon thereafter the court appointed Nancy Doty, a professional guardian with a reported case-load of over 100 clients, as Carolyn's guardian and conservator. Not only could Doty make decisions on Carolyn's well being, but she could make financial decisions regarding Carolyn's personal property. Doty was given complete control and the 180-day hold has turned into 731 days as of this writing and most of this time has been spent away from the city that Carolyn calls home. Her friends, who believe Carolyn to be much improved, while still needing some sort of care, have been denied access to her. The foster home in Portland, Oregon, where Carolyn now resides won't even allow Carolyn to receive phone calls from most of them, reportedly on the orders of Nancy Doty.

Full Article and Source:
Guardians Gone Wild? State Sanctioned Thievery at its Sickest

Laurie Roberts: Six Months Later

Six months ago today [11/13/10], we learned that the probate judge who approved the draining of an elderly widow's life savings quietly sent an advance copy of her ruling to select attorneys – the ones who wound up with much of the old lady's money.

The revelation called into question whether Marie Long got a fair hearing in probate court. It even seemed to startle the legal community, which so often likes to wax on about high-minded concepts, things like fairness and impartiality. So much so, in fact, they are the first words you'll read in the Arizona Code of Judicial Conduct. “An independent, fair and impartial judiciary,” it says, “is indispensable to our system of justice.”

Given that, you can imagine what has happened over the last six months. But first, some background, lest you've been living in a cave. Marie Long was worth $1.3 million when she suffered a stroke and came under the protection of Maricopa County's probate court in 2005. Now, the 89 year old is flat broke, relying on taxpayers for support.

In March, Commissioner Lindsay Ellis ruled that attorneys and fiduciaries were justified in helping themselves to $800,000 from Marie's trust. In her 21-page ruling, Ellis railed against Marie's sisters and her lawyers, saying their “hateful and unsubstantiated” attacks challenging the six-figure bills forced the fiduciaries and lawyers to defend themselves.

With Marie's money, naturally.

Full Article and Source:
Six Months Later: The (Non-Existing) Fallout From Ethics Lapse in Probate Court

GA: Court Employee Keeps Job Despite Arrest Record

Channel 2 Action News has learned that a DeKalb County Probate Court employee has been arrested at least four times, but she remains on the job.

According to DeKalb County policy, an employee could be terminated for that, but probate employees are exempt from the policy.

Channel 2 Action News investigative reporter Jodie Fleischer went through records and learned that Jewel Margene Hendrix has been arrested twice for stealing and twice for drugs -- yet she continues to work inside the DeKalb County courthouse.

Fleischer also tracked down the judge who oversees that division to ask her why Hendrix is still on the job as a probate technician.

The probate office handles things like wills, execution of estates and guardianships.

Fleischer found that Hendrix has been arrested at least four times. The first was in Gwinnett County in 2008 when she was picked up at a Target store for shoplifting. Court records show the solicitor dropped the charges in March of 2009 after Hendrix completed a pre-trial diversion program.

The solicitor told Channel 2 that she never knew Hendrix was re-arrested just five days earlier in DeKalb County. Hendrix pleaded guilty to shoplifting from a Macy’s store. She entered DeKalb County drug court.

Then earlier this year, she was arrested twice for violating the drug court contract by using drugs.

Late Tuesday afternoon, the judge's office issued a statement, which read in part: "We are aware that she (Hendrix) was involved in a legal situation. As such, she was put on administrative leave without pay. Subsequently, the matter was diverted to a rehabilitation program, she is being monitored closely, and her performance thus far is satisfactory."

Full Article and Source:
Court Employee Keeps Job Despite Arrest Record

Facility Kept Dying Judge Phillips Hostage, Lawsuit Claims

A Park Slope nursing home has been slapped with new charges that it held a frail Brooklyn judge prisoner by blocking his mail and visitors.

The allegations are the latest twist in a case launched this year by the family of Judge John Phillips against Prospect Park Residence - where Phillips lived for eight months until he died at age 83 in 2008.

"The whole thing was surreal," said John O'Hara, a lawyer for Phillips' family and also a longtime friend. "It looked like a nice place, but it was a death house."

Court papers filed Wednesday said nursing home officials misled Phillips' family and attorneys about the services they could provide for the diabetic ex-judge.

O'Hara "recently discovered that [Prospect Park Residence] was not in fact an assisted-living facility as they claimed to be," the lawsuit charged.

Phillips allegedly didn't get diabetic meals and regular insulin shots, which caused his health to plummet.

"Judge Phillips was confined against his will for approximately eight months by the defendants at their facility ... denying [him] proper medical care," the suit charged.

Full Article and Source:
Nursing Home Kept Dying Judge John Phillips Hostage in 'Death House,' Lawsuit Claims

See Also:
Judge John L. Phillips - Justice Has Not Been Served

Family of 'Kung Fu Judge' John Phillips Sues Nursing Home Over Death, Allege Missed Insulin Shots

FL: Lawyer Who Billed State for More Than 24 Hour Days Won't be Disciplined

A Florida Bar grievance committee has dismissed a complaint against a court-appointed criminal defense lawyer accused of billing the state for more than 24 hours on 41 different days.

The committee noted that Jacksonville lawyer David Taylor had the support of several judges who had approved his bills over the state’s objection, the Florida Times-Union reports. Taylor told the Times-Union that 35 of the days for which he billed more than 24 hours included work done on other days. On six days, he said, his bills included work done by other lawyers he had hired.

The committee concluded it had no probable cause to discipline Taylor, but said his conduct was “not consistent with the high standards of our profession.”

Source:
Lawyer Who Filled Florida for More Than 24 House in a Day Won't be Disciplined

NASGA Press Release

PRESS RELEASE
For Immediate Release
__________________________________________________

GOVERNMENT ACCOUNTABILITY OFFICE (GAO)
September 2010 Report on Guardianships:
Cases of Financial Exploitation, Neglect, and Abuse of Seniors __________________________________________________

In December of 2009, NASGA submitted our white paper “Protecting Our Citizens from Unlawful and Abusive Guardianships and Conservatorships” to several Congressional committees and the White House. Despite numerous studies over the years pointing to the lack of monitoring and oversight of cases, many states continue to permit due process and civil and human rights violations and fail to protect their citizenry from financial exploitation, neglect, and abuse during “protective” proceedings. NASGA provided illustrations of these problems, and specifically requested federal intervention.

The Senate Special Committee on Aging requested the GAO to do a forensic study, instructing them to: (1) verify whether allegations of abuse by guardians are widespread; (2) examine the facts in selected closed cases; and (3) proactively test state guardian certification processes. Numerous NASGA member cases were submitted to the GAO for their review.

The investigators found that within their control study group, guardians stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors. In some instances, guardians also physically neglected and abused their victims.

NASGA welcomes the GAO’s in-depth report as a positive step forward. The report corroborates some of the problems set forth in our white paper. Although the GAO was unable to determine whether “allegations of abuse” by guardians are widespread, NASGA’s continued growth is due specifically to the growing number of complaints of abuse from victim members across the country.

While the GAO was conducting its forensic investigation of closed cases, the House Subcommittee on Crime, Terrorism and Homeland Security held a hearing on May 25, 2010 on Fraud Against Senior Citizens. At that hearing, Rep. Louie Gohmert requested a model law. In response, retired Wauwatosa, WI police officer John Caravella, author of “Marked for Destruction” (a true story of a guardianship), drafted a proposed model law entitled "The Adele Chris Act." He submitted copies of the Act to Rep. Gohmert and Sen. Kohl, Chairman of the Senate Special Committee on Aging, for review by their respective committees. NASGA applauds the work of John Caravella and supports his proposed law.

Although this issue should be of interest to other committees, NASGA feels the Senate Special Committee on Aging should spearhead the effort to meaningful reform, as it has been addressing the guardianship problem for many years and clearly recognizes the need for reform.

NASGA continues to reiterate the need for federal intervention. We have requested that the Senate Special Committee on Aging hold a series of hearings on this problem – both at the Senate and in the field (for the benefit of victims who are unable to make the trip to Washington D.C.) and look forward to the Senate’s response.

See Also:
GAO Releases Guardianship Study Report

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

The Adele Chris Act

Terri Schiavo's Brother, Bobby Schindler Speaks

There was not a dry eye in McGivney Hall's Keane auditorium as more than 150 students watched a short video of photos and footage from the life of Terri Schiavo-a Florida woman whose tragic medical condition riveted the nation and Congress five years ago.

The video presentation followed a talk given by Bobby Schindler, the late Terri Schiavo's brother and advocate from the Terri Schiavo Life and Hope Network, sponsored by the CUA student organization Students for Life.

Schindler's talk addressed the misconceptions surrounding Schiavo's death, its treatment by the media, and its ongoing impact in today's culture, in a presentation both emotionally moving, and factually startling.

For many, Schiavo's controversial 2005 death after suffering a traumatic brain injury in 1990 that left her severely disabled, was a vague memory. Current CUA students were between grades 7 and 10 when Schiavo died and for many the details of the case were unclear.

According to Schindler, this confusion exists for most of America because of the misleading coverage the case received in the mainstream media, the many rumors that circulated about its details, and a common atmosphere of both ridicule and acceptance surrounding the event that has developed in pop and media culture.

But Schindler's primary message was a call for awareness in the present day. "The reason why we're still talking about this case, why it's so important, is because this issue did not end with Terri," he said.

"This case is often talked about as an end-of life issue; it's not. She wasn't dying. She didn't have a terminal disease. Doctors said that Terri quite possibly could have lived a normal life span," Schindler argued. Many doctors have argued, however, that Terri's condition was irreversible.

Feeding tubes by law are considered extraordinary means of keeping a person alive. "The health care profession now recognizes food and water as artificial life support," Schindler said. "Food and water have been defined as medical treatment." While debate continues within the medical community, Schindler firmly expressed his belief that food and water should not be denied to patients in Terri's position.

After two weeks without food and water, Schiavo died of dehydration on March 31, 2005 at the age of 41. Schindler called it a "brutal death."

Full Article and Source:
Terri Schiavo Revisited - Brother, Bobby Schindler Speaks

Hospital Seeks Guardianship to Discharge Elderly Patient

In a rare legal move, Northwestern Memorial Hospital on Tuesday plans to ask a judge to revoke a Chicago woman's power of attorney over her hospitalized mother in order to discharge the elderly woman.

The hospital says in court documents that 86-year-old Dolores Bedin, who has inoperable pancreatic cancer, has been medically ready for release since Sept. 18. Her daughter, Janet, strongly disagrees.

"My mother wasn't strong enough to go home, and they wanted to force it," said Bedin's daughter, a businesswoman who is in charge of merchandising for a national retail developer. "She did not want to go home."

In its petition, the hospital is asking that a public guardian be appointed for Dolores Bedin, arguing that her daughter is not cooperating with the hospital's efforts to discharge her mother to a lower level of care and therefore not acting in her mother's best interests.

"Having to advocate on behalf of our patients in the courts is rare, and it is only done after careful thought and team consultations," said Kris Lathan, director of media and public relations. "In the case of Mrs. Bedin, we have filed a petition to seek guardianship for the management of her immediate and long-term care needs. Until the court responds, we are unable to comment any further."

Full Article and Source:
Hospital Says Elderly Woman Ready for Discharge; Daughter Says No

Adult Children of Divorced Parents Want Prenups

It used to be that parents were the ones counseling kids to have pre-nups and not be silly romantics. But these days -with 500,000 new marriages a year between couples over the age of 65 - it's more likely that it's the adult kids of divorce who are worrying about financial futures and now asking, insisting or even begging their parents to get pre-nups.

Take for example the case of Diana Mercer, the author of "Making Divorce Work," who's mediating her own family drama now. Her 82-year-old father is remarrying and she wants to protect an inheritance.

"We're going ballistic right now because most of his estate is because of my mother's money," she says. "We've bought the argument that he wants to take care of the wife who will take care of him in Indianapolis since we're in California. But I do have a problem with her son, who's a nogoodnik ending up with money and the house that should have been mine and my brother's."

Mercer is not alone in raising red flags about a parent's pending marriage.

Full Article and Source:
Adult Kids of Divorce Are Demanding That Their Elderly Parents Stop Acting Like Teenagers and Get Prenups

The 101 Biggest Estate Planning Mistakes

101 Biggest Estate Planning Mistakes offers an informative and entertaining look at what not to do when setting up an estate plan. The author, an estate planner for some of today’s most famous celebrities, explains how to avoid common pitfalls and make decisions that will allow you to execute a fool-proof estate plan that protects you and your family.

Source:
The 101 Biggest Estate Planning Mistakes

OH: Family Files Suit Against Guardian

A question of negligence is at the center of a civil suit filed against Attorney Tresa Gossett in the Brown County Court of Common Pleas.

Gossett was appointed guardianship of an 83-year-old woman, Nannie McIntosh, in the fall of 2006, despite family resistance. Months after McIntosh's death, the family filed a lawsuit against Gossett claiming a "lack of ordinary care."

The claim was filed with a jury demand. Gossett responded with a counterclaim that the family was abusing a judicial process.

Monday [11/8], a jury of four women and four men were selected for a three-day trial, at the end of which they will be asked to decide if either the claim or counterclaim have merit. A fifth woman was also selected as an alternate juror.

The civil suit was filed by Isabella Bennington, one of three daughters of McIntosh. Bennington is administrator of McIntosh's estate.

Full Article and Source:
Family Files Suit Against Guardian

KY: New Legislation to Prevent Elder Abusers From Benefiting From Victims' Death

Seeking to fill what she called “a hole” in Kentucky law, state Rep. Joni Jenkins announced that she has filed legislation aimed at preventing people who abuse or neglect vulnerable or elderly adults from benefiting from their deaths.

Too often, Jenkins said at a Louisville news conference, an adult child or other relative may be convicted of mistreating an elderly adult but still inherits the estate when that person dies.

“Every year, the judicial, social and law enforcement communities across Kentucky work together to stop these terrible acts of adult abuse and neglect, then have to stand by and watch as these convicted abusers reap financial gain from those they have injured,” Jenkins, D-Shively, said.

Kentucky law already bars killers from receiving an inheritance from their victims. Jenkins’ bill would expand that to include people convicted of abuse, neglect or financial exploitation.

Full Article and Source:
Bill to Protect Elderly, Vulnerable From Abuse Filed

Feds Probe California Nursing Homes for Abuse

The U.S. Department of Justice is looking into complaints of lax care at Northern California nursing homes, and threatening civil or criminal charges against serious violators.

The federal investigators will look at inappropriate use of psychiatric medications and poor care that results in injury or illness, according to a statement about the probe. Investigators are also looking at nursing homes that discharge sick patients or refuse admission to patients returning from a hospital.

The investigation was, at least in part, spurred by a provision of the federal health reform law signed by President Barack Obama in March. That law includes the Elder Justice Act, which calls for coordination between the U.S. attorney general’s office and other government agencies to prevent elder abuse, neglect and exploitation.

Full Article and Source:
Feds Probe Nursing Home Abuse

Judgepedia

Judgepedia is an encyclopedia about America's courts and judges.

*Information on district courts, appeals courts and the Supreme Court of the United States. Research State Supreme Courts, intermediate appellate courts and state trial courts.

*Learn how judges are selected and follow judicial elections in your state. Investigate philosophy of law, State Constitutions and state court opinions.

*Read The Judicial Update, follow this year's calendar and keep up with these blawgs.

Source:
Judgepedia

Psychologist - Judge Needs Therapy But Could Go Back to Work

Orange-Osceola Circuit Judge N. James Turner is not seriously mentally ill, but he's a borderline narcissist who wants to be in control and is lousy at reading social signals from other people, something consistent with someone who "does not get it" when women in his office want him to leave them alone.

That's the conclusion of an Altamonte Springs psychologist who did a formal mental-health evaluation of Turner, 64, earlier this year.

The evaluation is one piece of evidence being evaluated by members of a state panel that must recommend what to do with Turner, strip him of his job or allow him to stay on the bench with some form of discipline.

Turner went on trial in Orlando last week before a six-member tribunal of the Judicial Qualifications Commission, the state agency that polices judges.

It has not yet made public its findings. That is likely weeks away, but it heard four days of testimony about Turner, seven hours of it from Turner.

He admitted violating the state's judicial code several times. He even admitted to things with which he was not formally charged. That includes filing false or incomplete annual reports of his net worth and failing to report to the Internal Revenue Service a $42,000 gift from his mother.

He also admitted breaking other rules, for example serving as his mother's attorney while he was a judge and sending out an email to 15,000 people, asking for campaign donations. Judicial candidates are barred from personally soliciting campaign gifts.

Full Article and Source:
Judge Turner's Psychological Evaluation: He's Socially Inept, Self-Centered

Judge in Disney Case Orders Arrest of Lawyer at Hearing

A Maricopa Superior Court judge ordered the arrest of one lawyer and promised to impose sanctions on others during a hearing on a case involving Walt Disney's grandchildren.

Judge Gary Donahoe told sheriff's deputies to put Tempe lawyer Joel Sannes in handcuffs and threatened to jail him indefinitely last week after he refused to answer questions about a subpoena issued to a court-appointed physician.

The subpoena asked the doctor to produce records and her findings for every case she has handled for the court over the past five years.

Donahoe had ordered Sannes, three of his clients and any other lawyer involved in the subpoena to appear in court Thursday, adding that failure to show up would result in “a warrant for the arrest of counsel and their clients.”

In his order, Donahoe described the subpoena as “overly broad, oppressive and done for the purposes of harassment.” He also said it resulted in the doctor's withdrawal from the case, which he reluctantly accepted.

The doctor had been appointed to assess the mental state of Bradford Lund, 40, one of the grandchildren of entertainment legend Walt Disney. Lund, who is developmentally disabled and beneficiary of a trust worth hundreds of millions of dollars, is at the center of a vicious family feud.

Relatives, including his twin sister Michelle, have petitioned the court to appoint an independent guardian for Brad, saying they believe he is being financially exploited by his father, his stepmother and her children.

But his father, Valley real estate developer Bill Lund, denies those claims. He and his wife, Sherry, have vowed to fight the petition, which they say is motivated by greed. They say the court has wrongly intruded into their lives and Brad's.

Full Article and Source:
Judge In Disney Case Orders Arrest of Lawyer at Hearing

See Also:
Grandchildren of Walt Disney, Father, Battle for Control

State Bar of WI: Lack of Diligence

An attorney agreed to serve as special administrator for an estate after two of the decedent’s adult children challenged the will. After settlement of the will contest, the court appointed the attorney to serve as personal representative of the estate, trustee of a testamentary trust for the benefit of two minor children of the decedent, and guardian of the two minors’ estates.

As personal representative, the attorney assumed responsibility for filing federal and state income tax returns for the estate. The federal tax return was due on April 15, 2003, but the attorney did not mail the return until April 12, 2004. The late filing caused the estate to incur penalties and interest of $10,217.43. The attorney acknowledged his responsibility for the late filing and paid the penalties and interest from his law firm account.

After filing the initial estate tax return, the attorney learned of potential tax savings that could be achieved by filing an amended federal tax return on behalf of the estate. Accordingly, the attorney prepared amended federal and state tax returns, but he once again missed the filing deadline. Although it was disputed whether the amended return and the proposed amended deductions would have been accepted by the IRS, it was apparent that the attorney miscarried his legal objective.

A key asset in the estate administered by the attorney was the decedent’s home. The decedent’s father, who was the original guardian of the person for the two minor children, had lived at the home and paid the homeowner’s insurance premiums. After the guardian resigned and moved to another state, the attorney assumed responsibility for paying these premiums. However, in 2005 the attorney misplaced the insurance premium invoice and the policy lapsed. Although the attorney immediately arranged for reinstatement of the insurance policy, and no damage claim necessitated the need for the policy, the attorney once again failed to fulfill an assumed obligation.

By failing to timely file federal estate tax returns and amended tax returns for the estate and failing to coordinate the timely payment of insurance premiums on a key estate asset, the attorney violated SCR 20:1.3, which states, “A lawyer shall act with reasonable diligence and promptness in representing a client.”

The attorney had no prior discipline.

Source:
Wisconsin Lawyer, November 2010

Violated Trust: Exposing a Texas Scam Perpetrated on Veterans

When Shirley German couldn't get her son's guardian — an attorney handpicked by the Department of Veterans Affairs — to fork over $250 for Thanksgiving dinner for the disabled U.S. Marine and his family, she sensed something askew.

Her son, after all, had more than $200,000 in veteran's benefits saved in accounts the guardian controlled.

That man, Joe B. Phillips, a 71-year-old Houston lawyer and former VA employee, now stands accused of stealing more than $2 million from at least 28 Texas veterans and hiding those thefts with faked bank statements, padded expenses and even imaginary accounts verified with forged signatures, according to dozens of civil suits and a 2010 federal court indictment.

His 70-year-old wife and legal assistant, Dorothy Phillips, faces identical charges.

The fraud appears to be the largest ever detected in the VA's enormous guardianship program.

Individual disabled vets lost anywhere from a few thousand dollars to more than $250,000.

"My son paid a price and the rest of the disabled veterans did, too — and I'm furious they have to go through something like this," German said.

Collectively, the VA's guardianship program manages cumulative estates exceeding $3 billion and oversees benefit payments for about 108,000 veterans and other beneficiaries — such as widows and children — who, because of "injury, disease, or the infirmities of age" cannot manage their own financial affairs, according to recent congressional testimony.

Only three cases of fraud exceeding $1 million have been detected in the program's history: in California, Texas and Minnesota, according to information VA officials provided to Congress in April. They refused to provide details for this story.

In answers to lawsuits, Phillips has argued that the VA — and U.S. taxpayers — should pick up the tab for the debacle since under various laws federal officials are required to audit, review and approve all bills submitted by VA-approved guardians.

The theft went undetected for years despite required reviews by VA officials and audits by Harris County probate courts, which oversaw many of the guardianship cases.

Phillips has generally denied he committed theft or fraud. His trial on federal charges is set for April.

Full Article and Source:
Violated Trust: Exposing a Texas Scam

FL: Medicare Money Paid for Posh Life

Lawrence Duran and Marianella Valera loved spending taxpayers' money.

So much so, that the $84 million Medicare paid their Miami-based chain of mental health clinics for bogus therapy is practically gone, authorities say.

"As of right now, we can only locate $150,000'' in the couple's bank accounts, Justice Department attorney Jennifer Saulino said in Miami federal court Thursday.

So, where did all the money go?

It was spent on hefty salaries, foreign cars, fancy jewelry, international travel, a bayfront condo, even tuition for Duran's children at Belen Jesuit Preparatory School and Chaminade-Madonna College Preparatory, court records show.

Prosecutors said the defendants, charged with bilking the taxpayer-funded Medicare program, have 'dissipated" $77 million in government payments.

Full Article and Source:
Medicare Money Paid for Posh Life

Wooden Will

When attorney Larry Shafer walked into Probate Court at the Licking County Courthouse recently, he saw a first in his 30 years of practicing law: He was confronted with a will written on a piece of wood.

The last will and testament was written by Marilyn S. Rhodeback, of Johnstown, in 1996.

Rhodeback was living in Florida at the time, and her husband recently had died.

Her daughter, Debra McHugh-Clark, also of Johnstown, said her father had died without a will and Rhodeback knew she had to get her own affairs in order.

The closest thing she could grab was a piece of shelving, about 14 inches by 14 inches, that was left over from a shelf recently built for a microwave.

During the intervening the years, Rhodeback made changes to the document, dated it and had her sisters sign the final version earlier this year. Rhodeback, 73, died in her Johnstown home April 7.

But about 10 days before that, while she was in the hospital, Rhodeback called McHugh-Clark and asked her to bring the will to the hospital.

Obeying her instructions, McHugh-Clark went to the house, thinking her mother was talking about a dry erase board. She couldn't find what she was looking for and had to call her mother.

"Never in my wildest dreams did I think that an actual piece of wood was what she was talking about," McHugh-Clark said.

Full Article and Source:
A Wooden Will: Johnstown Woman's Last Wishes Recorded in Unusual Form

Former Doctor Sentenced to 5 Years Probation for Nearly $750,000 Theft

A former podiatrist who admitted to defrauding the health care system will not go to prison.

Michael Akyuz of Greece was sentenced to five years probation despite stealing almost three-quarters of a million dollars.

U.S District Court Judge Charles Syragusa called it a unique, exceptional family circumstance that led him to impose a lesser sentence today.

The recommended sentence for his crimes was 41 to 51 months in prison, but 44-year-old Akyuz will not have to spend a day behind bars.

Akyuz admitted to health care fraud and mail fraud while he was a podiatrist. Over the course of five years, the former foot doctor tended to elderly patients in nursing homes and retirement communities. While he billed Medicare for complex expensive procedures, in reality, he did little more than clip their toe-nails.

The total cost to tax-payers was almost three-quarters of a million dollars.

Akyuz said he took the money to take care of his family's health care costs. He has four children with varying degrees of autism.

Akyuz will also have to make restitution.

Full Article and Source:
I Team 10 Update: Former Foot Doctor Avoids Prison

NJ: Judge Faces Conduct Charge

Municipal Judge Robert A. Solomon was charged with violating several codes of judicial misconduct for his actions with respect to a speeding ticket for his daughter's former speech teacher, according to a formal complaint filed by the Supreme Court of New Jersey's Advisory Committee on Judicial Conduct.

Solomon has been charged with violating five codes of judicial misconduct and a court rule, including failing to recuse himself from the case, which could lead to discipline by the Supreme Court.

"I don't have a comment at this point," Norwood Mayor James Barsa said of the complaint. "All I know is there is a complaint and it is being investigated. We will know more as time goes on."

Full Article and Source:
Judge Faces Conduct Charge

Indiana Judge Faces Drunken Driving Charge in North Carolina

A Hamilton County judge who is presiding over two high-profile cases says he was arrested on a drunken-driving charge while vacationing in North Carolina.

Hamilton Superior Court Judge William Hughes said in a news release that he was charged with driving while impaired and driving left of center last week in Currituck County.

The 55-year-old Hughes says he reported his arrest to the state Judicial Qualifications Committee for review.

Full Article and Source:
Indiana Judge Faces Drunken Driving Charge in North Carolina

Court of Appeals: Alzheimer's Patient May Sue for Divorce

The Fourth District Court of Appeal revived a divorce petition by an elderly Alzheimer’s patient adjudged to be incompetent.

Div. One explained that the trial court had erred in dismissing the petition sua sponte without providing the parties with adequate notice and without first determining whether Evelyn Straczynski was capable expressing an intent to obtain a dissolution of her marriage on account of irreconcilable differences.

Straczynski began divorce proceedings in August 2005, but her husband, Charles Straczynski, alleged in his response that she suffered from Alzheimer’s disease, dementia and was “not truly aware of what she is doing at this time.”

Evelyn Straczynski was placed in an assisted living program that November, but when San Diego Superior Court Judge David B. Oberholtzer interviewed her, he found she had “sufficient capacity to determine she wanted a divorce.”

Over the course of the next two years, Oberholtzer ruled on a number of motions, finding, among other things, that a 1986 prenuptial agreement was enforceable and that Straczynski’s husband was obligated to pay her half of the proceeds of the sale from the family home plus an additional $265,000. Oberholtzer also ordered the husband to pay all expenses associated with Straczynski’s care and medications.

Proceeding concurrently with this dissolution action was a conservatorship case in the probate court regarding Straczynski. The probate court found Straczynski was not competent to be in an attorney-client relationship and appointed a guardian ad litem and conservator for her estate. The probate judge also specified that the conservator “shall have standing to litigate the Family Court matters on behalf of the conservatee.”

Full Article and Source:
Alzheimer's Patient May Sue for Divorce, Court of Appeals Say

Money Woes Can be Early Clue to Alzheimer's

Renee Packel used to have a typical suburban life. Her husband, Arthur, was a lawyer and also sold insurance. They lived in a town house just outside Philadelphia, and Mrs. Packel took care of their home and family.

As Arthur Packel’s dementia grew worse, he forgot how to handle money, and his wife, Renee, could not find where it all went.

One day, it all came crashing down. The homeowners’ association called asking for their fees. To Mrs. Packel’s surprise, her husband had simply stopped paying them. Then she learned he had stopped writing checks to his creditors, too.

It turned out that Mr. Packel was developing Alzheimer’s disease and had forgotten how to handle money. When she tried to pay their bills, Mrs. Packel, who enlisted the help of a forensic accountant, could not find most of the couple’s money.

“It just disappeared,” she said.

What happened to the Packels is all too common, Alzheimer’s experts say. New research shows that one of the first signs of impending dementia is an inability to understand money and credit, contracts and agreements.

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Money Woes Can Be Early Clue to Alzheimer’s

HALT Releases New Citizen's Guide

HALT has just released its latest Citizens Legal Guide Is Your Lawyer's Bill Too High? How to Avoid (and Resolve) Fee Disputes. This easy-to-understand guide, the newest addition to HALT's library of free self-help publications, explains how lawyers typically charge for their services and how billing practices can sometimes go awry.

While some fee disputes are the result of a lawyer padding his or her bill, many are actually misunderstandings or simple bad math. Fee disputes can be triggered by internal law firm practices that are unfair to clients, such as overstaffing, uncompensated staff turnover, unnecessary research, and redundant expert witnesses and consultants. They can also reflect lax financial controls for expenses, overhead costs, travel, and entertainment. There may even be issues caused by outright fraud - for example, when a lawyer charges for more hours than were actu­ally worked. If you receive a legal bill that seems too high, you need to question it.

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HALT Releases New Citizen's Legal Guide

Read Is Your Lawyer's Bill Too High

Efficacy of Denver Probate Court Discussed

At 9 o'clock on a weekday morning, the doors to Denver probate court offices are locked.

So are the offices of the judge, her clerk and the magistrate who helps the judge manage about 2,500 yearly cases ranging from disputed estates and trusts to guardian appointments and mental-illness commitments.

To cope with a shrinking staff, the Denver court has limited public access to five hours a day. A note on the judge's door informs everyone of a two-hour window on "Mondays only" to call the court and schedule a hearing.

Like courts across Colorado, Judge C. Jean Stewart's court has been obliged to function with fewer people and less money.

But in interviews, former employees allege this court also suffers from a failure to require key staff members to actually work a full week in court. Critics of the judge also say she can be capricious and biased on the bench.

"What I found so difficult to grasp, this was a court of law, it was hard for me to understand how people could work from home. Their presence was required," said Caroline Cammack, a Denver probate court employee who was fired last year in a dispute over her job duties and who has sued the court. "Some days there was almost no one in the court."

Guardians are appointed to assist people who can no longer make decisions about their own health, and conservators manage money for incapacitated people.

In 2006, a state audit found 57 percent of guardians and conservators were not filing reports required by law about people they were appointed to protect, and Colorado courts inadequately reviewed reports that were filed. This year The Post reported that many guardians in Denver continued to file no reports, that some abuses went undetected for years and that the roster of wards protected by the court included dead people.

Probate courts judge emotional cases, appointing guardians and conservators for people who have lost the ability to make decisions for themselves, hearing petitions to commit people with mental illnesses, and settling family feuds over wills and estates.

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Lawyers, Others Take Sides of Efficacy of Denver Probate Court

Former Luzerne Co. Judge Michael Toole Pleads Guilty

A former northeastern Pennsylvania judge has admitted accepting use of a New Jersey beach house in return for helping an attorney win an arbitration matter.

Former Luzerne County Judge Michael Toole pleaded guilty Tuesday to corrupt receipt of reward for official action in federal court in Scranton.

Toole had previously pleaded guilty to honest services fraud, but that charge was replaced after a Supreme Court ruling in an unrelated case changed the requirements for that charge.

The former judge had also pleaded guilty to filing a false income tax return. That charge was unaffected.

U.S. District Court Judge Richard Conaboy said a preliminary review by the probation department recommended a sentence of 27 to 33 months for Toole.

Sentencing is scheduled for February 2.

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Ex-Pa. Judge Pleads Guilty to Corruption Charge

Waiting for Home

Richard Prangley was unjustly institutionalized for fifteen years. Yet he managed to become not only a productive citizen but also an effective advocate for the developmentally disabled.

In Waiting for Home, journalist John Schneider chronicles the compelling true story of Richard Prangley. Born prematurely, Richard exhibited delayed development and hyperactivity as a small child. His parents struggled to raise him along with their other 10 children, and they turned to the medical authorities for help.

Based on the diagnoses of two psychiatrists, Richard at age 6 was committed to the Coldwater State Home and Training School, an institution for physically and mentally disabled children. He was labeled retarded and his schooling and work experience were limited to manual labor.

When he was finally released at age 21, Prangley struggled with socialization as he learned to live on his own.

His life today, however, stands in sharp contrast to his early years. Through faith, hope, determination, and a constant yearning for independence, Prangley is self-supporting and works in the Office Services Division of the Michigan Department of Community Health. He is an effective advocate for the developmentally disabled and has been instrumental in creating a successful stand for the rights of the handicapped as a lobbyist in such places as the Michigan State Capitol and the White House.

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