A bill that would tighten oversight of guardians and conservators will be among the first debated in this year’s legislative session.
Members of the Judiciary Committee voted without dissent Thursday to advance Legislative Bill 157 to the full Legislature.
Among other things, the measure would require background checks for guardians and conservators and the furnishing of bonds for assets greater than $10,000.
It would require inventories of a ward’s assets before a guardian’s appointment becomes final and would allow for mediation to resolve disputes.
It also would allow third parties to ask for more court oversight when a ward’s safety, health or financial welfare appears in jeopardy.
State Sen. Colby Coash of Lincoln, who introduced the bill, said it represents only the beginning of changes needed to better protect vulnerable Nebraskans.
“This puts some immediate, meaningful protections in place for wards,” he said. “There is much more to do.”
Full Article and Source:
Oversight of Guardians Advances
Monday, January 31, 2011
Trial Date Set for 'Road Rage' Judge
An Erie district judge faces trial before the state Court of Judicial Discipline for a road rage incident in which police say he brandished a gun, and for talking tough about juvenile crime and graffiti in news stories.
The trial of District Judge Thomas Carney is scheduled for April 6 in Harrisburg.
Full Article and Source:
PA Judge Faces Disciplinary Trial in Road Rage
See Also:
PA Judge Facing Disciplinary Trial for Road Rage Incident
The trial of District Judge Thomas Carney is scheduled for April 6 in Harrisburg.
Full Article and Source:
PA Judge Faces Disciplinary Trial in Road Rage
See Also:
PA Judge Facing Disciplinary Trial for Road Rage Incident
Sunday, January 30, 2011
'Gloves are Off' in Estate Battle
When San Antonio businessman and philanthropist Leo Block, 94, died at home Aug. 31, 2009, he left behind a new wife, at least $15 million in assets and troubling questions about the last chapter of his life.Among the uncertainties were why the confirmed bachelor had married suddenly late in life without telling his family and why he — or others — had quickly begun making radical changes in his will, estate plan and investments.
Also unclear was how he met Erma Holman, 71, a local bail bond company owner whom he married in July 2008, and Stephen Boyd, a lawyer who twice was disciplined for ethical lapses in the late 1990s.
Some answers are emerging in bitter litigation in Bexar County Probate Court No. 1, where in November 2009 Block family members filed suit, accusing Erma Holman Block, Boyd and others of fleecing a muddled old man.
“Sadly, by the time of his death, Leo Block had truly become the ‘poster child' for elder abuse and exploitation,” reads the lawsuit filed by Block's sister Betty Simmons and her two children, who until 2008 had stood to inherit almost all of Block's wealth.
Their suit seeks to overturn Leo Block's final will, created just months after his wedding, which gave the bulk of his assets to Erma Block and three charities.
It claims that soon after the marriage, Boyd and Erma Block began to “strip” Leo Block of his wealth while isolating him from his family.
Full Article and Source:
'Gloves are Off' in Estate Battle
Block Estate Battle Set for May
After learning that settlement talks had failed in a contentious suit involving San Antonio businessman Leo Block, Bexar County Probate Judge Polly Spencer ordered both sides to get ready for a May trial.
The judge on Thursday did not rule on a request by the defendants to lift a freeze she had imposed on eight valuable properties acquired with Block's money. They appear to be all that remains of Block's once considerable wealth.
“The assets of Leo Block have been wasted by Erma Block and Stephen Boyd. All we are trying to do is keep the few remaining assets from being wasted,” argued Linda McDonald, representing the plaintiffs, in asking Spencer to keep the freeze in place.
Block, 94, had made his fortune through Block Distributing, a San Antonio beer and wine wholesaler, now known as Republic Distributing.
But his last two years were tumultuous. In July 2008, Block, a lifelong bachelor, married Erma Holman, 71, owner of a local bail bond company. He also retained Stephen Boyd, a lawyer twice disciplined in the 1990s for ethical lapses.
And before Block died in August 2009, he or someone else made a series of radical changes in his will, estate plan and investments. His sister Betty Simmons and her two children were replaced as primary beneficiaries by his new wife and three charities.
In November 2009, Block's relatives sued, seeking to overturn that will, claiming Erma and Boyd had victimized a demented old man, by systematically “stripping” Block of his wealth.
Both Erma and Boyd have issued categorical denials. But the two are now at each other's throats.
Full Article and Source:
Judge Sets May Trial in Block Estate Battle
The judge on Thursday did not rule on a request by the defendants to lift a freeze she had imposed on eight valuable properties acquired with Block's money. They appear to be all that remains of Block's once considerable wealth.
“The assets of Leo Block have been wasted by Erma Block and Stephen Boyd. All we are trying to do is keep the few remaining assets from being wasted,” argued Linda McDonald, representing the plaintiffs, in asking Spencer to keep the freeze in place.
Block, 94, had made his fortune through Block Distributing, a San Antonio beer and wine wholesaler, now known as Republic Distributing.
But his last two years were tumultuous. In July 2008, Block, a lifelong bachelor, married Erma Holman, 71, owner of a local bail bond company. He also retained Stephen Boyd, a lawyer twice disciplined in the 1990s for ethical lapses.And before Block died in August 2009, he or someone else made a series of radical changes in his will, estate plan and investments. His sister Betty Simmons and her two children were replaced as primary beneficiaries by his new wife and three charities.
In November 2009, Block's relatives sued, seeking to overturn that will, claiming Erma and Boyd had victimized a demented old man, by systematically “stripping” Block of his wealth.
Both Erma and Boyd have issued categorical denials. But the two are now at each other's throats.
Full Article and Source:
Judge Sets May Trial in Block Estate Battle
Allegations of Faked Will, Crumbling Finances Dog Prominent Lawyer
The death last year of colorful Mobile County lawyer Joseph Brunson touched off a legal fight that has included accusations that another prominent local attorney helped create a phony will.In a little more than a month, Mobile lawyer Richard Horne has been repudiated by a jury reviewing the will; has been hit with a $159,000 civil judgment over a loan default; has filed for bankruptcy protection and, as of last week, faces an ethics complaint made to the state bar.
It is a shocking turn for a man who has been a respected member of the city's legal community for years, once serving on the bar's ethics committee. His high-profile clients over the years have included former Orange Beach Mayor Steve Russo and former Prichard Mayor Jesse Norwood.
Horne, a longtime friend of Brunson who helped the attorney get his law license back after a federal drug conviction, said the state bar's confidentiality rules prohibit him from commenting.
The bar complaint, made by the stepfather of the women who contested the will in Mobile County Probate Court, accuses Horne of perjury and accessory to forgery. He has 14 days to respond.
The will listed Judy Harold - Brunson's "companion and life-long friend" - as administrator and sole beneficiary of his estate. Horne and Pauline Phillips, who worked for the company that owned the building that housed Horne's law practice, were listed as witnesses. Horne's secretary, Megan Graham, notarized the document.
Full Article and Source:
Allegations of Faked Will, Crumbling Finances
Dog Prominent Mobile lawyer
Saturday, January 29, 2011
CA: Court of Appeals Upholds Judgment Against Lawyer for Elder Abuse
The First District Court of Appeal affirmed a judgment requiring several individuals, including an Oakland attorney, to pay more than $400,000 in damages and attorney fees to the conservator for an elderly disabled woman.
Div. Four upheld the award against Oakland attorney Carol Veres Reed, along with Ida McQueen’s sister and uncle, for misappropriation of funds from the unauthorized sale of property that McQueen’s father left her in trust.
McQueen, now 75 years old, suffers from physical and mental disabilities. Her father provided in his will that she could live in the family’s Oakland home for life. He also established a testamentary trust, giving the trustees discretion to use the principal for McQueen’s benefit during her lifetime, with the remainder of the assets to be divided among her surviving siblings after her death.
McQueen’s father died in 1990, and his two brothers were appointed to administer the estate. McQueen remained in the home until 2000, when she was taken to a nursing home due to medical complications.
While in the nursing facility, she was visited by Reed—who had handled her father’s estate, and whose father had prepared the will—and her brother, attorney Richard K. Veres. The two lawyers presented her with a power of attorney, naming her sister, Earline Drumgoole, to act on her behalf.
A witness later testified that McQueen told him that she did not understand who her visitors were or what they had her sign.
Full Article and Source:
Court of Appeals Unpholds Judgment Against Lawyer for Elder Abuse
Div. Four upheld the award against Oakland attorney Carol Veres Reed, along with Ida McQueen’s sister and uncle, for misappropriation of funds from the unauthorized sale of property that McQueen’s father left her in trust.
McQueen, now 75 years old, suffers from physical and mental disabilities. Her father provided in his will that she could live in the family’s Oakland home for life. He also established a testamentary trust, giving the trustees discretion to use the principal for McQueen’s benefit during her lifetime, with the remainder of the assets to be divided among her surviving siblings after her death.
McQueen’s father died in 1990, and his two brothers were appointed to administer the estate. McQueen remained in the home until 2000, when she was taken to a nursing home due to medical complications.
While in the nursing facility, she was visited by Reed—who had handled her father’s estate, and whose father had prepared the will—and her brother, attorney Richard K. Veres. The two lawyers presented her with a power of attorney, naming her sister, Earline Drumgoole, to act on her behalf.
A witness later testified that McQueen told him that she did not understand who her visitors were or what they had her sign.
Full Article and Source:
Court of Appeals Unpholds Judgment Against Lawyer for Elder Abuse
Three Relatives Accused of Exploitation
Three relatives of an 88-year-old woman with Alzheimer's disease are accused of illegally withdrawing nearly $174,900 from her bank account.
Tammy Childs, 50, used about $72,000 of the ailing Genevieve Gallant's money to purchase a house, according to the State Attorney's Office.
Childs, who alone is accused of taking about $153,800 from Gallant, faces charges of exploitation, money laundering and theft from a person 65 or older.
If convicted, she could face as many as 30 years in prison.
Childs is Gallant's biological granddaughter, arrest records said, but Gallant had adopted Childs and referred to her as a daughter.
Childs' daughters, Kari Lynne Boyett, 26, who lives with her mother, and Kati Marie Childs, 24, were each charged with theft from a person 65 or older.
Kati Childs took about $1,850 from Gallant and Boyett about $19,232, according to the State Attorney's Office.
Full Article and Source:
Three Relatives of Victimized Elderly Woman Accused of Theft
Tammy Childs, 50, used about $72,000 of the ailing Genevieve Gallant's money to purchase a house, according to the State Attorney's Office.
Childs, who alone is accused of taking about $153,800 from Gallant, faces charges of exploitation, money laundering and theft from a person 65 or older.
If convicted, she could face as many as 30 years in prison.
Childs is Gallant's biological granddaughter, arrest records said, but Gallant had adopted Childs and referred to her as a daughter.
Childs' daughters, Kari Lynne Boyett, 26, who lives with her mother, and Kati Marie Childs, 24, were each charged with theft from a person 65 or older.
Kati Childs took about $1,850 from Gallant and Boyett about $19,232, according to the State Attorney's Office.
Full Article and Source:
Three Relatives of Victimized Elderly Woman Accused of Theft
TX: Former County Judge Indicted by Federal Grand Jury
Liberty radio station KSHN is saying former County Judge Phil Fitzgerald has confirmed he's been indicted by a federal grand jury, but doesn't yet know what the charges are.
The feds are mum, but it's likely any indictment handed down has been temporarily sealed.
It was a joint investigation by 13 Undercover and the Cleveland Advocate Newspaper that sparked the criminal probe. Our hidden cameras showed trucks owned by the then-county judge were used in the Hurricane Ike cleanup in his own county.
Later, we reported his family may have made a million dollars from the cleanup.
Source:
News: Former Liberty County Judge Indicted
The feds are mum, but it's likely any indictment handed down has been temporarily sealed.
It was a joint investigation by 13 Undercover and the Cleveland Advocate Newspaper that sparked the criminal probe. Our hidden cameras showed trucks owned by the then-county judge were used in the Hurricane Ike cleanup in his own county. Later, we reported his family may have made a million dollars from the cleanup.
Source:
News: Former Liberty County Judge Indicted
Friday, January 28, 2011
Court of Judiciary Responds to Ginger Franklin's Complaint Against Judge Randy Kennedy
In an unusual turn of events, the Court of the Judiciary responded to Ginger Franklin’s appeal in her complaint vs. Judge Randy Kennedy. Click the link below to read the correspondence. This is the second investigation simultaneously being conducted by the COJ into the judicial misconduct of Judge Kennedy that we are aware of. We have also been told that there are several other complaints vs. Kennedy and that the attention Kennedy has notoriously garnered in the last year has led to an avalanche of complaints. This all in a probate court which rarely becomes the spotlight of complaints vs. judges. Let’s see if the Court of the Judiciary does their job. We’ll be contacting Senator Mae Beavers to find out what she is doing as Chair of the Senate Judiciary Committee.Source:
ImpeachRandyKennedy
Read the Tennessee Court of Judiciary's Letter
See Also:
Ginger Franklin Freed!
TN Judge Randy Kennedy Reversed in Appeal
IN RE: CONSERVATORSHIP OF GOLDIE CHILDS
Attorneys: Sheryl D. Guinn, Nashville, Tennessee, for the appellants, Hazel Childs, Oreva Childs.
Jeanan Mills Stuart, Nashville, Tennessee, Pro Se.
Judge: COTTRELL
Two of the daughters of an eighty-two year old woman filed a petition to be named as their mother’s Conservator. The trial court found that the mother did indeed need a Conservator, but because of family disagreements it appointed a third party to perform that role. Seven months later, the same daughters filed a petition to remove the incumbent Conservator and to be named as Co-Conservators to replace her. The mother died after proceedings on the second petition began, but before the trial court could rule on its merits. The Conservator subsequently moved the court for payment of her fees. The court found that some of those fees were incurred as a direct result of the uncooperative acts of the two daughters. Since the decedent’s estate was indigent, the court entered two money judgments for costs against the daughters. We reverse the judgment that was assessed against one of the daughters for failing to return her mother to the nursing home in a timely way, because although her actions led to additional costs, no legal basis for the judgment appears in the record. We vacate the judgment based on the unsuccessful petition to remove the conservator and we remand the case for further proceedings, because although Tenn. Code Ann. section 34-1-114 does allow an assessment of costs against such petitioners, it is unclear how much of the court’s judgment falls within the parameters of that statute.
Source:
ImpeachRandyKennedy
Read the January 5, 2011 Decision
Attorneys: Sheryl D. Guinn, Nashville, Tennessee, for the appellants, Hazel Childs, Oreva Childs.
Jeanan Mills Stuart, Nashville, Tennessee, Pro Se.
Judge: COTTRELL
Two of the daughters of an eighty-two year old woman filed a petition to be named as their mother’s Conservator. The trial court found that the mother did indeed need a Conservator, but because of family disagreements it appointed a third party to perform that role. Seven months later, the same daughters filed a petition to remove the incumbent Conservator and to be named as Co-Conservators to replace her. The mother died after proceedings on the second petition began, but before the trial court could rule on its merits. The Conservator subsequently moved the court for payment of her fees. The court found that some of those fees were incurred as a direct result of the uncooperative acts of the two daughters. Since the decedent’s estate was indigent, the court entered two money judgments for costs against the daughters. We reverse the judgment that was assessed against one of the daughters for failing to return her mother to the nursing home in a timely way, because although her actions led to additional costs, no legal basis for the judgment appears in the record. We vacate the judgment based on the unsuccessful petition to remove the conservator and we remand the case for further proceedings, because although Tenn. Code Ann. section 34-1-114 does allow an assessment of costs against such petitioners, it is unclear how much of the court’s judgment falls within the parameters of that statute.
Source:
ImpeachRandyKennedy
Read the January 5, 2011 Decision
District Judge Charged With Fraud, Perjury
Oklahoma County District Judge Tammy Bass-LeSure was accused in a felony fraud charge of collecting state funds to care for twins that she secretly gave to her bailiff’s sister. Bass-LeSure, 43, and her husband, Karlos Antonio LeSure, 46, cheated the state out of public funds for three years, prosecutors allege.
The judge faces 30 counts of making a fraudulent claim and two counts of perjury. Her husband faces two counts of making a fraudulent claim and two counts of perjury. She said Friday at the courthouse the accusations are not true.
Prosecutors allege the judge and her husband contracted with the state to become foster parents of a twin boy and girl in January 2008. They adopted the children in May. The children are now 3.
Prosecutors allege the children actually have been with the sister of the judge’s bailiff since January 2008. The bailiff, Lania Davis, and her sister, identified only as R.E., have not been charged.
The judge has been paid more than $22,000 in public funds already for caring for the children, prosecutors allege. Monthly subsidies continue until the children’s 19th birthdays.
Bass-LeSure first was elected as a district judge 12 years ago and spent most of her time handling criminal cases. She decided to move to probate, guardianship and adoption cases last year after she stepped down from a high-profile murder case against a pharmacist.
Full Article and Source:
Oklahoma County District Judge Charged With Fraud, Perjury
Thursday, January 27, 2011
Wednesday, January 26, 2011
'Voices of Truth Today'
Source:
YouTube: Voices of Truth Today, part one
Source:
YouTube: Voices of Truth Today, part two
Source:
YouTube: Voices of Truth Today, part three
See Also:
Judge in Disney Case Orders Arrest of Lawyer at Hearing
Note: More videos tomorrow!
Tuesday, January 25, 2011
Al Katz, The Story of a Holocaust Survivor
This is the first in a series of investigative columns that will tell the story of Al Katz, a Holocaust survivor.Why should you be interested?
If you or a loved one is a senior citizen, living in Florida either full time or part time, this story applies to you.
Al Katz had his liberty and property taken from him by National Socialist Germany in 1940. They tried to take his life, but he survived. Fast forward seventy years to 2010, and Al Katz had his liberty and property taken from him a second time. This time, however, the state in which this all happened is Florida.
During the Holocaust, Al helped to save innumerable lives by secretly distributing scraps of food to starving slaves along the train route he drove. After the Holocaust, Al delivered his memories to thousands of students in Manatee County and other southwest Florida schools. He was a true Holocaust hero to those he saved and the generations after them.
This story is a written in his memory and is a warning to all those who live in Florida and beyond.
Full Article and Source:
Al Katz, The Story of a Holocaust Survivor
Al Katz, Part Two: Road to Perdition
The story begins on December 11, 2008, when Al Katz is put into a Bradenton nursing home against his will by his girlfriend. Upon hearing of this, his daughter Beverly Newman on December 15th legally files for guardianship of her father in Indiana because her father always stated that he did not want to be placed in a nursing home. Up until that time Beverly and her husband Larry had been Al’s sole familial caretakers through numerous medical crises since 2002.From December 2008 through August 2009, Beverly constantly contacts her brother Louis H. Katz, Executive Vice President and Treasurer of The George Washington University in Washington, D.C., who has Power of Attorney for their father to help Beverly get him back home to Indianapolis, where he had been domiciled since 1946.
In the interim, Al Katz is repeatedly hospitalized by a Dr. James Hanusa. Unbeknown to Beverly, Dr. Hanusa contacts Louis to give guardianship of his father to Ashley Butler, Public Guardian of Manatee, Sarasota, and DeSoto Counties. This is done even though Al (a) is not indigent; (b) has his daughter ready to care for him; and (c) has never been domiciled in Florida, all 3 of which are mandatory before placement in public guardianship.
In September 2009, Al was hospitalized with breathing problems. Inexplicably, Dr. James Hanusa orders that no information about Al be given to his daughter Beverly.
On September 17, 2009, Beverly Newman receives a phone call from an anonymous third party that someone is trying to improperly put her father into guardianship in Florida, but no details are given.
Without ever listing Beverly on court documents as next-of-kin and without notifying Beverly, who is in Indianapolis, of the guardianship hearing scheduled for the very next day, September 18, 2009, Ashley Butler is given guardianship of Al Katz.
Immediately, Ms. Butler attaches all of Al’s assets (bank accounts, Social Security, Holocaust reparations), changes the locks to his house, and takes boxes of legal documents, jewelry, financial data, and valuables from the home, while keeping Mr. Katz in a nursing home against his oral and written wishes.
After the guardianship is granted, Al Katz’s former attorney tells Beverly that Ashley Butler has guardianship of her father in Bradenton.
Full Article and Source:
Al Katz Story, Holocaust Survivor, Part 2
Al Katz, Part Three: There's no Room for Common Sense in the Eyes of Government Regulation
Our meeting began with a review of the case beginning with a large, laminated photo array of pictures resembling large dinner placemats. They documented the deteriorating condition of Beverly’s father during the last year of his life while under the care of various court appointed guardians. The photos and associated legal documents were presented to the Joint Legislative Committee of Congressional District 13, composed of both Florida Senate and House Representatives on January 18,2011 in Manatee County. Beverly was on the Agenda for 5 minutes to present her case on the series of events discussing what she classified as senior abuse and financial abuse permitted under the Guardianship provisions of the law. She also presented a packet of information she prepared suggesting changes in the laws and regulations as they relate to administering senior care.
Later that day, I followed up with State House Representative Ray Pilon, a member of the Joint Committee, from House District 69 which covers North Sarasota County and a small portion of Manatee County, where Al Katz maintained a condo and later died. Representative Pilon related that the forum is designed for citizens to present situations of concern and to give and receive information. Based on the information I heard, it appears to be a joint-legislator Town Hall Meeting. Beverly stated that Chairman Mike Bennett, State Senator from her father’s district, spoke with her briefly after the session stating he would follow up on her situation.
Without repeating events from past articles, I will relay one example, out of many I heard, that is representative of situations and activities that might be legal, but lack common sense and lead to suspicion of doubt and impropriety. Through our discussion I discovered that under high paid court appointed supervision, Al Katz’ personal effects inexplicably disappeared. His estate included cash assets, income, a house in Indiana, a condo in Bradenton, and an old Ford Escort that once resided in a parking stall at the condo. A guardian was court appointed to maintain and manage the assets.
Under the terms of guardianship it seems that management activities come with heavy cost.
[Beverly] further mentioned that while embroiled in all the drama caused by lawyers and court appointed managers, no one has ever filed a tax return in Indiana, Florida, or with the IRS. It is surmised that paying taxes would drain the funds needed to pay the fees of those who are mismanaging the Katz estate.
Full Article and Source:
Al Katz, The Story of a Holocaust Survivor, Part 3
Later that day, I followed up with State House Representative Ray Pilon, a member of the Joint Committee, from House District 69 which covers North Sarasota County and a small portion of Manatee County, where Al Katz maintained a condo and later died. Representative Pilon related that the forum is designed for citizens to present situations of concern and to give and receive information. Based on the information I heard, it appears to be a joint-legislator Town Hall Meeting. Beverly stated that Chairman Mike Bennett, State Senator from her father’s district, spoke with her briefly after the session stating he would follow up on her situation.
Without repeating events from past articles, I will relay one example, out of many I heard, that is representative of situations and activities that might be legal, but lack common sense and lead to suspicion of doubt and impropriety. Through our discussion I discovered that under high paid court appointed supervision, Al Katz’ personal effects inexplicably disappeared. His estate included cash assets, income, a house in Indiana, a condo in Bradenton, and an old Ford Escort that once resided in a parking stall at the condo. A guardian was court appointed to maintain and manage the assets.
Under the terms of guardianship it seems that management activities come with heavy cost.
[Beverly] further mentioned that while embroiled in all the drama caused by lawyers and court appointed managers, no one has ever filed a tax return in Indiana, Florida, or with the IRS. It is surmised that paying taxes would drain the funds needed to pay the fees of those who are mismanaging the Katz estate.
Full Article and Source:
Al Katz, The Story of a Holocaust Survivor, Part 3
Monday, January 24, 2011
Press Release: Arizona Could Become National Leader With New Laws
Following multiple reports of devastating abuses involving Arizona probate court, Arizona State Representative David Smith (R – Carefree) sponsored legislation that would make Arizona the nation’s leader in judicial probate reform. House Bill 2424 seeks to remedy rampant financial exploitation and abuses by Arizona’s probate court-ordered fiduciaries and others in the court system. The concerns over probate abuses have been widely documented in the media and in a report to the United States Senate submitted in September 2010.
When asked about his motivations, Representative Smith shared in an interview with theArizona Republic’s Laurie Roberts: “I was concerned about the articles I read in the paper, some of the abuses that you point out. In fact, I knew some of the people involved in one case.”
Sherry Lund, who is advocating for HB2424 said, “We are fighting for probate reform so no other Arizona family will suffer from the horrific abuses in the current system. Such reform is overdue and new laws are the solution.”
HB2424 will become the national standard for probate reform. The current draft includes:
*Improving oversight of probate court system by establishing an advocacy panel appointed by the Governor, Speaker of the House of Representatives, and President of the Senate.
*Allowing wards, or their families, to request a change of fiduciary annually.
*Protecting financial interests of persons in probate by “capping” certain fees while requiring the court to establish a fee schedule for others.
*Developing stronger fiduciary accountability by requiring a monthly accounting of expenditures.
*Ensuring the civil liberties and wishes of the ward are upheld and respected.
Implementing stricter qualifications for probate judges.
Full Press Release and Source:
CourthouseSteps
See Also:
Read HB2424
When asked about his motivations, Representative Smith shared in an interview with theArizona Republic’s Laurie Roberts: “I was concerned about the articles I read in the paper, some of the abuses that you point out. In fact, I knew some of the people involved in one case.”
Sherry Lund, who is advocating for HB2424 said, “We are fighting for probate reform so no other Arizona family will suffer from the horrific abuses in the current system. Such reform is overdue and new laws are the solution.”
HB2424 will become the national standard for probate reform. The current draft includes:
*Improving oversight of probate court system by establishing an advocacy panel appointed by the Governor, Speaker of the House of Representatives, and President of the Senate.
*Allowing wards, or their families, to request a change of fiduciary annually.
*Protecting financial interests of persons in probate by “capping” certain fees while requiring the court to establish a fee schedule for others.
*Developing stronger fiduciary accountability by requiring a monthly accounting of expenditures.
*Ensuring the civil liberties and wishes of the ward are upheld and respected.
Implementing stricter qualifications for probate judges.
Full Press Release and Source:
CourthouseSteps
See Also:
Read HB2424
Laurie Roberts: Will the Legislature Ride to the Rescue of the People in Probate?
People often ask me what we can do about the mess that is probate court. How, they ask, might Marie Long have managed to hang on to some of her life savings instead of watching an estate worth $1.3 million plummet to zero in just four years?What steps can people take to avoid falling victim to a system where fiduciaries and attorneys so often seem to wind up with a nice pile of cash, courtesy of the people they're supposed to be protecting?
Finally, I have an answer.
A bill was introduced in the Arizona House on Tuesday that would make it easier for vulnerable people or their representatives to have some say in who is handling their money and their care.
I know. It's radical stuff. Right now, the deck is stacked in favor of court-appointed fiduciaries and if you try to remove them, they use your money to fend you off.
House Bill 2424, sponsored by Rep. David Burnell Smith, R-Carefree, won't be the only probate proposal before the Legislature this year. Sen. John Nelson, R-Glendale, also has one and others are in the works. Thus far, I'm skeptical about Nelson's proposal, which is taken from a draft report of the Supreme Court's probate review committee. It appears to actually strengthen the fiduciaries' hand, although Nelson says that's not his intent. I do appreciate his reasoning for wanting to fix what ails probate.
“There was probably some good intention in putting the system together but candidly, I think it's being abused,” Nelson told me. “I think people are finding ways of using clients' money for their own benefit. When somebody goes in with a million-and-a-half-dollar estate and comes out with nothing … something's wrong.”
Something is wrong and now the Legislature could ride to the rescue, led by a freshman lawmaker on his second stint at the state Capitol, having been forced out a few years ago for not following the state's Clean Elections law.
“I was concerned about articles I read in the paper, some of the abuses that you point out,” Smith said, in explaining why he introduced HB 2424. “In fact, I knew some of the people involved in one case.”
Smith was referring to Bill Lund, who became embroiled in a probate dispute involving the trusts of his children, the grandchildren of Walt Disney. Lund hired a former state legislator, Laura Knaperek, to lobby for the bill.
"We're just trying to put more accountaibility in the courts and give wards more rights," she said.
Full Article and Source:
Will the Legislature Ride to the Rescue of the People in Probate
Anna Nicole Smith Case Returns to Court
Even by the high-brow standards of the Supreme Court, Tuesday's case over the estate claimed by deceased Texas sex symbol Anna Nicole Smith delves so far into the depths of probate and bankruptcy law that even the most attuned legal minds will be challenged to fully understand all of the complexities now before the justices. While the high court is known for issuing rulings on great constitutional issues, its routine business often ventures into the mundane interpretation of somewhat obscure laws passed by Congress. In this instance, it's a dispute over a provision in the 1984 Bankruptcy Act.
As any regular reader of supermarket checkout line magazines already knows, the case started with the 1995 death of tycoon J. Howard Marshall and the struggle between Smith, a strip club dancer whom the elderly Marshall married shortly before his death, and Marshall's son Pierce over claims to the hundreds of millions dollars left in the estate.
Over the years the case has worked its way through various federal bankruptcy courts and Texas probate proceedings and a much-publicized stop at the Supreme Court in 2006. Then, camera crews surrounded the court to get a look at Smith who died nine months after the justices ruled unanimously in her favor.
The 2006 ruling sent the case back to the Ninth Circuit U.S. Court of Appeals for further review.
Last year that court again ruled against Smith, known as Vickie Lynn Marshall in the legal records, and the executor of her estate, Howard K. Stern.
One of the many oddities of the case is that Pierce Marshall is also dead. So the dispute before the justices is between two estates fighting over J. Howard Marshall's will.
Full Article and Source:
Anna Nicole Smith Case Returns to Court Tuesday
Sunday, January 23, 2011
Letting Mom and Dad Live on Their Own Terms
Millions of us went home for the holidays. Well, not "home" exactly. In reality, millions of us left home, and went back for the holidays. Back to who we used to be, back to where we came from, and in some cases, back in time. Like salmon up the river, we inexplicably navigated back to the people of our birth. Our parents.
Have you ever made the trip thinking, what if this is the last time? Parents age, especially when we're not looking, and most especially when we live far away from them. Periodic visits sharpen our senses. All of a sudden, we may be witnessing our parents in steep decline, heading toward the exit ramp, and it raises all kinds of questions.
When will it be time for assisted living? Should Mom still be driving? Are they taking their pills? Is Dad's memory actually shot?
These realizations can be tough, especially if your parents have been role models of determination and resourcefulness. Dealing with normal age-related decline can cause dissention amongst siblings, too, because each has a different relationship with Mom and Dad.
Whose life is it anyway? We live our lives free to make our own mistakes, to put ourselves at risk and determine our own destinies. Why should this change just because we're old?
In our culture, roles often reverse: At some point adult children seem to think they need to parent their parents. This is fine if a parent asks for help, but often elderly parents are resentful because their middle-aged kids keep bossing them around. Their final years are full of conflict and humiliation because of well-meaning -- but strong-willed -- children, intent on removing the "risks" of living.
Full Article and Source:
Letting Mom and Dad Live on Their Own Terms
Have you ever made the trip thinking, what if this is the last time? Parents age, especially when we're not looking, and most especially when we live far away from them. Periodic visits sharpen our senses. All of a sudden, we may be witnessing our parents in steep decline, heading toward the exit ramp, and it raises all kinds of questions.
When will it be time for assisted living? Should Mom still be driving? Are they taking their pills? Is Dad's memory actually shot?
These realizations can be tough, especially if your parents have been role models of determination and resourcefulness. Dealing with normal age-related decline can cause dissention amongst siblings, too, because each has a different relationship with Mom and Dad.
Whose life is it anyway? We live our lives free to make our own mistakes, to put ourselves at risk and determine our own destinies. Why should this change just because we're old?
In our culture, roles often reverse: At some point adult children seem to think they need to parent their parents. This is fine if a parent asks for help, but often elderly parents are resentful because their middle-aged kids keep bossing them around. Their final years are full of conflict and humiliation because of well-meaning -- but strong-willed -- children, intent on removing the "risks" of living.
Full Article and Source:
Letting Mom and Dad Live on Their Own Terms
Disbarrment of PA Attorney
The state Supreme Court has followed suit with the Pennsylvania high court in disbarring a Pittsburgh attorney.
The Court on Jan. 13 ordered the annulment of Arthur Louis Bloom's license. The Court's action came in response to the Pennsylvania Supreme Court first disbarring Bloom in 2009.
According to its Web site, the Pennsylvania high court's action stemmed from a Nov. 1, 2006, statement of charges its Office of Disciplinary Counsel filed against him for mishandling, and misappropriating money from the estate of Louise Lowe, who died on Jan. 12, 2001. In her will, Lowe, among other things, named Bloom as executor, bequeathed $1,000 to Mars Presbyterian Church and left all remaining personal and real property to Bloom and his daughter, Mara.
According its July 14, 2008, report, the Court's Disciplinary Board found Bloom between Feb. 6, 2001, and May 5, 2005, withdrew $151,412.06 from the estate for his personal use. This included a withdraw of $65,000 on June 25, 2003, and deposited into his wife's individual retirement account, and $17,598 between April 2001 and January 2002 to pay for Mara's various college expenses.
While he was executor, the Board found Bloom failed to pay any of the estate's inheritance taxes, and make disbursements to the other beneficiaries. This included the $1,000 to Mars Presbyterian Church.
Another stipulation in Lowe's will was that Mellon Bank was to be appointed guardian of the estate for any beneficiary who had not turned 28. At a date not specified, Mellon refused to accept the appointment, and Bloom not only failed to appoint a replacement guardian, but also made disbursements on Mara's behalf before her 28th birthday.
In its report, the Board noted Bloom reimbursed the estate the $17,598 he withdrew on Mara's behalf two weeks before the statement of charges was issued against him. All told, the Board found he misappropriated $63,500.33 from Lowe's estate.
The Board recommended Bloom be disbarred based on not only his "fundamentally dishonest act" in mishandling and misappropriating money from Lowe's estate, but also his prior disciplinary history. According the Board's report, Bloom was informally admonished in 2003 for two separate, unspecified matters, and suspended for three years in 1979 after pleading guilty to 114 counts of theft by deception after converting $50,000 in subrogation claims over a four-year period as an officer in an insurance company.
Full Article and Source:
Court Orders Disbarrment of Pennyslvania Attorney
The Court on Jan. 13 ordered the annulment of Arthur Louis Bloom's license. The Court's action came in response to the Pennsylvania Supreme Court first disbarring Bloom in 2009.
According to its Web site, the Pennsylvania high court's action stemmed from a Nov. 1, 2006, statement of charges its Office of Disciplinary Counsel filed against him for mishandling, and misappropriating money from the estate of Louise Lowe, who died on Jan. 12, 2001. In her will, Lowe, among other things, named Bloom as executor, bequeathed $1,000 to Mars Presbyterian Church and left all remaining personal and real property to Bloom and his daughter, Mara.
According its July 14, 2008, report, the Court's Disciplinary Board found Bloom between Feb. 6, 2001, and May 5, 2005, withdrew $151,412.06 from the estate for his personal use. This included a withdraw of $65,000 on June 25, 2003, and deposited into his wife's individual retirement account, and $17,598 between April 2001 and January 2002 to pay for Mara's various college expenses.
While he was executor, the Board found Bloom failed to pay any of the estate's inheritance taxes, and make disbursements to the other beneficiaries. This included the $1,000 to Mars Presbyterian Church.
Another stipulation in Lowe's will was that Mellon Bank was to be appointed guardian of the estate for any beneficiary who had not turned 28. At a date not specified, Mellon refused to accept the appointment, and Bloom not only failed to appoint a replacement guardian, but also made disbursements on Mara's behalf before her 28th birthday.
In its report, the Board noted Bloom reimbursed the estate the $17,598 he withdrew on Mara's behalf two weeks before the statement of charges was issued against him. All told, the Board found he misappropriated $63,500.33 from Lowe's estate.
The Board recommended Bloom be disbarred based on not only his "fundamentally dishonest act" in mishandling and misappropriating money from Lowe's estate, but also his prior disciplinary history. According the Board's report, Bloom was informally admonished in 2003 for two separate, unspecified matters, and suspended for three years in 1979 after pleading guilty to 114 counts of theft by deception after converting $50,000 in subrogation claims over a four-year period as an officer in an insurance company.
Full Article and Source:
Court Orders Disbarrment of Pennyslvania Attorney
Woman Jailed in Fleecing of Disabled Grandmother
A Carson City woman was jailed, accused of abusing control over her disabled grandmother and spending the woman's savings.Leza L. Bulman, 37, a gas station employee, was booked into the Carson City Jail on suspicion of felony exploitation of an older person and felony embezzlement against a person over 60.
According to the arrest report, in 2008 Bulman was awarded guardianship of her grandmother Yvonne Crow, 84, described as having “cognitive impairments and ... unable to independently meet her current care needs.”
At that time, Crow had more than $300,000 in the bank, the report states.
When the nursing home where Crow was staying reported payments weren't being made on Crow's account, Aging Services became involved, and then investigators.
The investigation allegedly revealed Bulman was using her grandmother's money to pay rent, her sister's rent, phone and auto repair bills and was loaning out money.
According to the report, when the investigation was opened in May, Crow's account had a zero balance and Bulman was allegedly trying to sell her grandmother's property in Palm Springs, Calif.
Bulman denied taking the money, telling investigators her grandmother gave her permission.
Bail is set at $3,000.
Source:
Woman Jailed in Fleecing of Disabled Grandmother
Saturday, January 22, 2011
Doctor Vs. Patient's Wife
Al Barnes has been in eight hospitals in the past 10 months. His diagnoses include end-stage respiratory distress, renal failure, dementia and other maladies.Now the 85-year-old from Scandia, Minn., is at the center of a wrenching and unusual court struggle over who will control his medical care.
A doctor at Methodist Hospital in St. Louis Park will go to court Wednesday, seeking to replace Barnes' wife with a substitute decision-maker and arguing that she is making futile and reckless decisions to prolong her husband's life.
The case, scheduled to be heard in Hennepin County Probate Court, pits not just Methodist but the opinions of several Twin Cities hospitals against a woman who believes her husband can recover from his vegetative state. While Barnes is being fed via a tube and breathing through a ventilator, Lana Barnes said that is because of treatable infections and fluid buildup in his brain that is often misdiagnosed."I know my husband. I know I'm not crazy. I know that Al is there," said Barnes, 56, who was placed in charge of her husband's care several years ago through his written health care directive. She filed paperwork Tuesday to move the case to a Chisago County court nearer to her home in Scandia.
Methodist is but the latest hospital to assume Barnes' care, and to clash with his wife in a case that raises highly charged questions about the care of gravely ill patients.
Full Article and Source:
Wrenching Court Case - Doctor vs. Patient's Wife
Impeached Federal Judge Has Law License Revoked
U.S. District Judge G. Thomas Porteous Jr., who was impeached and removed from the Louisiana bench last month, resigned from practicing law, the state's Supreme Court ruled.Porteous, 64, is the eighth federal judge to be convicted by the U.S. Senate and removed from office through impeachment. He was convicted on four articles of impeachment by the Senate in December 2010 and barred from holding any federal office.
The Louisiana Supreme Court announced that it had granted Porteous' request for resignation in lieu of discipline.
Full Article and Source:
Impeached Federal Judge Has Law License Revoked
See Also:
For Judges, Inconsistent Use of Ethics Rule is Evident
Widow Cleared of Murder Avoids Guardianship
An Oakland County judge rejected a request to appoint a guardian to oversee a Farmington Hills woman who was cleared last year of charges she murdered her husband with amateur surgery.
Concerns were expressed in court about the ability of Laura Lynn Johnson, 46, to comprehend ongoing proceedings in which authorities are seeking to permanently sever her parental rights to her two sons from a previous marriage. The boys, ages 8 and 10, were removed from her custody after the Sept. 22 death of Johnson's second husband, attorney Lloyd G. Johnson, 47.
Lloyd Johnson died two days after being hospitalized with a heart attack, but Laura Johnson was charged with second-degree murder and practicing medicine without a license after police found bloody sheets, human tissue and a dead dog in the couple's Farmington Hills home.
She was released and the charges dropped when an autopsy determined Lloyd Johnson died from complications related to a lingering wound from an old boating accident.
It was disclosed in a 2009 court filing that Laura Johnson had a diagnosed mental illness of paranoid personality disorder with schizophrenic features and an addiction to pain medication.
[Judge]Hallmark declined to appoint a guardian for Laura Johnson, but referred concerns about her behavior to her lawyer Deborah McKelvy.
Full Article and Source:
Judge Won't Name Guardian for Lawyer's Widow Cleared of His Murder
Concerns were expressed in court about the ability of Laura Lynn Johnson, 46, to comprehend ongoing proceedings in which authorities are seeking to permanently sever her parental rights to her two sons from a previous marriage. The boys, ages 8 and 10, were removed from her custody after the Sept. 22 death of Johnson's second husband, attorney Lloyd G. Johnson, 47.
Lloyd Johnson died two days after being hospitalized with a heart attack, but Laura Johnson was charged with second-degree murder and practicing medicine without a license after police found bloody sheets, human tissue and a dead dog in the couple's Farmington Hills home.
She was released and the charges dropped when an autopsy determined Lloyd Johnson died from complications related to a lingering wound from an old boating accident.
It was disclosed in a 2009 court filing that Laura Johnson had a diagnosed mental illness of paranoid personality disorder with schizophrenic features and an addiction to pain medication.
[Judge]Hallmark declined to appoint a guardian for Laura Johnson, but referred concerns about her behavior to her lawyer Deborah McKelvy.
Full Article and Source:
Judge Won't Name Guardian for Lawyer's Widow Cleared of His Murder
Friday, January 21, 2011
Coroners Help Facility Death Investigations
The coroner in Morgan County, Ill., notified nursing home investigators last year when he determined that a nursing home resident had died after choking on a piece of ham. Coroner Jeff Lair, who asks that nursing homes in his county report all deaths to him, said investigators then cited the facility because the resident was supposed to be on a special diet and be supervised while eating but was not.
The coroner in Effingham County, Ill., also contacts state officials about nursing home deaths.
"We have to speak for these people," said Leigh Hammer, Effingham's coroner. "We have to give them a voice. Just because they are elderly doesn't mean that they were meant to die."
Kentucky does not require nursing homes to report most deaths to coroners, who are rarely called even when abuse or neglect are suspected. However, that might change if a bill proposed by Rep. Tom Burch, D-Louisville, passes.
Burch is meeting Wednesday with state officials and nursing home representatives to discuss a law that would require the facilities to notify coroners about all deaths.
The state medical examiner's office is working with Burch to see that "suspicious deaths and elder abuse are investigated to the fullest extent possible," said Jennifer Brislin, a spokeswoman for the office.
The Kentucky bill requires a specific staff member at long-term care facilities and hospices to report all deaths to the county coroner within 24 hours. It also requires coroners to involve police or prosecutors if they suspect abuse or neglect.
The bill is intended to give coroners discretion in choosing which deaths need to be reviewed by other officials, Burch said.
Full Article and Source:
States Say Coroners Help in Nursing Home Deaths
ND Chief Justice Calls for Study of Elder Abuse
North Dakota Chief Justice Gerald VandeWalle appealed for state lawmakers to look into ways to help older residents avoid being abused or financially exploited.“I am convinced that this is an area that North Dakota can no longer wait to confront,” VandeWalle said in a speech to a joint session of the North Dakota House and Senate.
By tradition, North Dakota’s chief justice briefs the Legislature on judicial issues when lawmakers meet every two years.
Two years ago, VandeWalle appealed for the Legislature to order a study of public administrator and guardianship services for the elderly. The request was passed over.
Public administrators, normally employed by counties, oversee the affairs of people who cannot care for themselves and do not have a friend or family member willing to help them.
VandeWalle said a shortage of public guardians and limited resources for nonprofit agencies that provide guardian services “all contribute to conditions that make it easier to take advantage of the elderly.”
The North Dakota Data Center at North Dakota State University has estimated that within 20 years, about one-third of the residents of 39 of North Dakota’s 53 counties will be at least 65 years old.
“An aging population requires a comprehensive network of programs and services to ensure that our elderly are able to remain healthy and safe,” VandeWalle said. “This is a big subject, with many components, but I know that if we take on this issue as a state, the task will be less daunting.”
Full Article and Source:
N.D. Chief Justice VandeWalle Says Elder Care Study is Needed
Thursday, January 20, 2011
Editorial: Victory Over Conservatorship
Can elderly persons with dementia be cured? Even if it was said likely to be of the Alzheimer’s type?
I want to share the amazing recovery of my mother.
After having been diagnosed as having dementia by more than one evaluator favored by professional conservators, the conservatorship of her person was finally lifted on December 16, 2010, after she went through a five-year struggle to obtain her freedom, her human rights, and her dignity. She has now been restored to being regarded by the court as a capable person. While before, Judge McLafferty refused to accept her positive mental evaluation and doctor’s letter, now the court has set her free. She is said to have recovered.
What has accomplished this miracle of healing? Publicity, and having a new probate judge, Colleen Sterne, certainly didn’t hurt.
My mother’s estate, or money, is still under conservatorship, as there are allegations of undue influence by a relative profiting off her as trustee.
The last judge accepted allegations as truth, without evidence, including allegations about my mother’s mental condition. Hopefully, Judge Sterne will pay heed to the words of County Supervisor Joni Gray, spoken at the June 6, 2010 Santa Barbara County Board of Supervisors meeting, that the word probate means to prove.
My mother’s already lost several hundred thousand dollars to professional conservators and their network. Imagine if all this money had gone to charities rather than predators. Conservators not infrequently claim to care about the elders whose estates they deplete and whose properties they acquire. I witnessed a homeless elderly woman walking the streets, mumbling. Why don’t these conservators and the court system care about this poor woman? Give her some large amount of money and they’ll care about her real fast. Instead, she is left to possibly die out there, like the 41 homeless persons in Santa Barbara who perished last year in the elements. If half the professional conservators’ profits went to help such people, so much could be accomplished.
Source:
Victory Over Conservatorship
I want to share the amazing recovery of my mother.
After having been diagnosed as having dementia by more than one evaluator favored by professional conservators, the conservatorship of her person was finally lifted on December 16, 2010, after she went through a five-year struggle to obtain her freedom, her human rights, and her dignity. She has now been restored to being regarded by the court as a capable person. While before, Judge McLafferty refused to accept her positive mental evaluation and doctor’s letter, now the court has set her free. She is said to have recovered.
What has accomplished this miracle of healing? Publicity, and having a new probate judge, Colleen Sterne, certainly didn’t hurt.
My mother’s estate, or money, is still under conservatorship, as there are allegations of undue influence by a relative profiting off her as trustee.
The last judge accepted allegations as truth, without evidence, including allegations about my mother’s mental condition. Hopefully, Judge Sterne will pay heed to the words of County Supervisor Joni Gray, spoken at the June 6, 2010 Santa Barbara County Board of Supervisors meeting, that the word probate means to prove.
My mother’s already lost several hundred thousand dollars to professional conservators and their network. Imagine if all this money had gone to charities rather than predators. Conservators not infrequently claim to care about the elders whose estates they deplete and whose properties they acquire. I witnessed a homeless elderly woman walking the streets, mumbling. Why don’t these conservators and the court system care about this poor woman? Give her some large amount of money and they’ll care about her real fast. Instead, she is left to possibly die out there, like the 41 homeless persons in Santa Barbara who perished last year in the elements. If half the professional conservators’ profits went to help such people, so much could be accomplished.
Source:
Victory Over Conservatorship
Press Release: IQ Nursing Homes
IQ Nursing Homes.com has outlined the resident rights provided to nursing home residents under elder abuse law. Federal and state nursing home laws require that elder care facilities provide high quality and individualized care to each nursing home resident. Furthermore, these regulations protect nursing home residents who complain about substandard care from retaliation. When a nursing facility or employee violates the rights of a nursing home resident, they have the option of filing a complaint against the nursing home and/or taking legal action in cases of serious elder abuse. If you have made the difficult decision of placing a loved one in a nursing home facility, it's important that you learn the rights provided to nursing home residents. Visit http://www.iqnursinghomes.com/nursing-home-resident-rights.html for an overview of nursing home resident rights.
Federal law provides nursing home residents with a set of rights, known collectively as the resident's bill of rights. Examples of nursing home resident rights include the following: the right to access medical records; the right to refuse treatment; the right to complain without retaliation; the right to be free from unnecessary physical or chemical restraints; the right to privacy; and the right to be free from nursing home abuse or neglect. In addition, because many cases of nursing home abuse and neglect result from staffing shortages, nursing home facilities are also required by law to uphold certain staffing standards to ensure the highest levels of well-being for their residents.
Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, you can receive a free online case review by visiting IQ Nursing Homes.com. This case review is being offered at no cost and can help determine whether you can take legal action on behalf of your loved one.
About IQ Nursing Homes:
IQ Nursing Homes has partnered with nursing home lawyers and nursing home negligence law firms throughout the country with the goal of putting a stop to the victimization of the elderly. By holding negligent staff members accountable for their actions and making it financially devastating for nursing homes to allow neglect to occur, this destructive pattern of nursing home neglect can be put to an end. Visit http://www.iqnursinghomes.com/ to receive a free, no obligation nursing home abuse case evaluation.
Source:
Nursing Home Resident Rights Outlined by IQ Nursing Homes.com
Federal law provides nursing home residents with a set of rights, known collectively as the resident's bill of rights. Examples of nursing home resident rights include the following: the right to access medical records; the right to refuse treatment; the right to complain without retaliation; the right to be free from unnecessary physical or chemical restraints; the right to privacy; and the right to be free from nursing home abuse or neglect. In addition, because many cases of nursing home abuse and neglect result from staffing shortages, nursing home facilities are also required by law to uphold certain staffing standards to ensure the highest levels of well-being for their residents.
Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, you can receive a free online case review by visiting IQ Nursing Homes.com. This case review is being offered at no cost and can help determine whether you can take legal action on behalf of your loved one.
About IQ Nursing Homes:
IQ Nursing Homes has partnered with nursing home lawyers and nursing home negligence law firms throughout the country with the goal of putting a stop to the victimization of the elderly. By holding negligent staff members accountable for their actions and making it financially devastating for nursing homes to allow neglect to occur, this destructive pattern of nursing home neglect can be put to an end. Visit http://www.iqnursinghomes.com/ to receive a free, no obligation nursing home abuse case evaluation.
Source:
Nursing Home Resident Rights Outlined by IQ Nursing Homes.com
Wednesday, January 19, 2011
Virginia: AG Proposed Bill To Prevent Elder Abuse
Attorney General Ken Cuccinelli says our population is aging, which is why he wants to do what he can to better protect Virginia's senior citizens.
Right now, the Attorney General's Medicare and Medicaid Fraud and Elderly Abuse Unit consists of 70 people: nurses, ex-federal agents, auditors and others. They do undercover work as well as forensic analysis.
But you might be surprised to learn that it is limited in its power to investigate nursing homes under state law.
Ken Cuccinelli says his legislative proposal would fix that.
He says right now, investigators can only get the records of Medicare and Medicaid patients in nursing homes who are suspected of being abused because there are state and federal dollars involved.
If you don't have Medicare or Medicaid, the Attorney General's office can't help, and can't investigate possible abuse because it's against state law.
Cuccinelli's legislative proposal would allow his unit to subpoena *all* the records from the nursing home facility being investigated. One reason could be to see if there is a pattern of abuse or neglect that is systemic to the facility (ie. management, etc.), and not just isolated to maybe one staffer taking care of that one Medicaid patient who was reported to the Attorney General's office.
"There's this gaping hole in terms of getting these medical records which are key to figuring out in abuse and neglect cases what's going on. We need nurses and investigators to look at the information. What we're seeking during this session is the ability to use subpoena power where we believe elder abuse might be taking place, so we can further analyze those records", says Cuccinelli.
Cuccinelli says his proposal is being sponsored by House Delegate Chris Peace (R-Hanover), and State Senator Ralph Smith (R-22nd).
Source:
Attorney General Proposes Bill to Prevent Elderly Abuse
Right now, the Attorney General's Medicare and Medicaid Fraud and Elderly Abuse Unit consists of 70 people: nurses, ex-federal agents, auditors and others. They do undercover work as well as forensic analysis.
But you might be surprised to learn that it is limited in its power to investigate nursing homes under state law.
Ken Cuccinelli says his legislative proposal would fix that.
He says right now, investigators can only get the records of Medicare and Medicaid patients in nursing homes who are suspected of being abused because there are state and federal dollars involved.
If you don't have Medicare or Medicaid, the Attorney General's office can't help, and can't investigate possible abuse because it's against state law.
Cuccinelli's legislative proposal would allow his unit to subpoena *all* the records from the nursing home facility being investigated. One reason could be to see if there is a pattern of abuse or neglect that is systemic to the facility (ie. management, etc.), and not just isolated to maybe one staffer taking care of that one Medicaid patient who was reported to the Attorney General's office.
"There's this gaping hole in terms of getting these medical records which are key to figuring out in abuse and neglect cases what's going on. We need nurses and investigators to look at the information. What we're seeking during this session is the ability to use subpoena power where we believe elder abuse might be taking place, so we can further analyze those records", says Cuccinelli.
Cuccinelli says his proposal is being sponsored by House Delegate Chris Peace (R-Hanover), and State Senator Ralph Smith (R-22nd).
Source:
Attorney General Proposes Bill to Prevent Elderly Abuse
Assisted Suicide or Granny Snatching?
A Massachusetts man was charged with manslaughter in Connecticut last week, in what is being referred to as the assisted suicide, or mercy killing, of his Alzheimer’s afflicted father.
Remarkably, the commentary sections of the on-line versions of the news story quickly filled with remarks from outraged caregivers detailing the difficulties encountered in caring for elderly relatives, especially those who are in serious physical and mental decline and living a life of unending pain. The overwhelming attitude among the early comments was that the son had done his father an enormous and loving favor by helping him end his life through a combination of pills and alcohol.
But as the news media and elder activists erupted in a firestorm of debate over mercy killing in America, an elderly Canadian woman’s life also is on the line in a courtroom in Victoria, British Columbia, and no one except her family seems to give a damn. Nonetheless, the case of Kathleen Palamarek, whose sons want her confined to an institution while her daughter and son-in-law are fighting to free her, could well set an international precedent impacting the future of tens of millions of American and Canadian elderly citizens.
Full Article and Source:
Assisted Suicide or Granny Snatching: Liberty or Death?
Remarkably, the commentary sections of the on-line versions of the news story quickly filled with remarks from outraged caregivers detailing the difficulties encountered in caring for elderly relatives, especially those who are in serious physical and mental decline and living a life of unending pain. The overwhelming attitude among the early comments was that the son had done his father an enormous and loving favor by helping him end his life through a combination of pills and alcohol.
But as the news media and elder activists erupted in a firestorm of debate over mercy killing in America, an elderly Canadian woman’s life also is on the line in a courtroom in Victoria, British Columbia, and no one except her family seems to give a damn. Nonetheless, the case of Kathleen Palamarek, whose sons want her confined to an institution while her daughter and son-in-law are fighting to free her, could well set an international precedent impacting the future of tens of millions of American and Canadian elderly citizens.
Full Article and Source:
Assisted Suicide or Granny Snatching: Liberty or Death?
Tuesday, January 18, 2011
Doctor Could Get Millions For Blowing the Whistle
A Manhattan doctor could reap a huge paycheck for exposing Medicaid fraud.Federal prosecutors say Dr. Gabriel Feldman helped uncover New York City's attempt to bilk taxpayers out of more than $60 million by overbilling Medicaid. If prosecutors are successful in their attempt to recover the cash, Feldman stands to get a 15% to 20% cut of the money because of the city's whistleblower tax.
That means Feldman could receive $9 to $12 million for exposing fraud.
The feds say the city improperly approved 24-hour home care for thousands of low-income, elderly patients, even against the recommendations of doctors paid to review the cases.
Full Article and Source:
Doctor Could Get Millions for Blowing the Whistle on Medicaid Fraud
Fair Oaks Nursing Home Closed After Abuse Caught on 'Grannycam'
Stories of nursing home abuse are devastating and, it seems as if we are reporting on them with increasing frequency. Sadly, another shocking case of nursing home abuse is making headlines again, this time in Fair Oaks, California.
Sean Suh installed a so-called “Grannycam” beside his grandmother’s bed just after she was moved into residential care, said the Sacramento Bee. Suh wanted to ensure that staff was aware that his grandmother, Kyong Hui Duncan, was being watched and that her family cared for her. Duncan, said the Bee, could no longer live on her own; the decision was a difficult one and, sadly, it was while Suh was looking for another facility that his grandmother, 73, died from a variety of problems Suh says were a direct result of abuse she suffered at Fair Oaks Residential Elderly Care.
Suh found the granny-cam unplugged on a number of his visits to his grandmother—one of the reasons the family was seeking a new facility; however, a short video was recorded in which staff is seen “violently shaking” Duncan while in her wheelchair, said the Bee. That clip has become an integral part of California’s decision to shut down Fair Oaks and in the civil lawsuit filed by Duncan’s family in which abuse, neglect, and wrongful death are alleged. “I have nightmares about it,” Suh said of the videotape. “It’s very hard for me to function, knowing she went through that,” quoted the Bee.
An investigation was prompted by Suh’s complaint and led to the California Department of Social Services ordering Myung S. and Jay J. Kim, the facility’s operators, to shut down Thursday, said the Bee. California is seeking permanent revocation of the home’s license, added the Bee. The 15 residents at the facility were placed by day’s end.
The Kim’s dispute all of the allegations. Regardless, California’s suspension order accuses Fair Oaks of “violating the personal rights of residents,” and involves the video in which a staff member moved Duncan to her wheelchair, then “dumped” the chair—while Duncan was in it—backward while shaking the wheelchair, the Bee reported. Other allegations include that staff did not appropriately restrain Duncan and neglected to respond to her in a timely manner after she had fallen, said the Bee. The family also alleges that they found Duncan crying, unattended and upside down in her wheelchair, said the state, wrote the Bee. There were also occasions in which Duncan suffered from bruises and untreated infections.
Full Article and Source:
California Nursing Home Closed After Abuse Caught on Grannycam
Sean Suh installed a so-called “Grannycam” beside his grandmother’s bed just after she was moved into residential care, said the Sacramento Bee. Suh wanted to ensure that staff was aware that his grandmother, Kyong Hui Duncan, was being watched and that her family cared for her. Duncan, said the Bee, could no longer live on her own; the decision was a difficult one and, sadly, it was while Suh was looking for another facility that his grandmother, 73, died from a variety of problems Suh says were a direct result of abuse she suffered at Fair Oaks Residential Elderly Care.
Suh found the granny-cam unplugged on a number of his visits to his grandmother—one of the reasons the family was seeking a new facility; however, a short video was recorded in which staff is seen “violently shaking” Duncan while in her wheelchair, said the Bee. That clip has become an integral part of California’s decision to shut down Fair Oaks and in the civil lawsuit filed by Duncan’s family in which abuse, neglect, and wrongful death are alleged. “I have nightmares about it,” Suh said of the videotape. “It’s very hard for me to function, knowing she went through that,” quoted the Bee.
An investigation was prompted by Suh’s complaint and led to the California Department of Social Services ordering Myung S. and Jay J. Kim, the facility’s operators, to shut down Thursday, said the Bee. California is seeking permanent revocation of the home’s license, added the Bee. The 15 residents at the facility were placed by day’s end.
The Kim’s dispute all of the allegations. Regardless, California’s suspension order accuses Fair Oaks of “violating the personal rights of residents,” and involves the video in which a staff member moved Duncan to her wheelchair, then “dumped” the chair—while Duncan was in it—backward while shaking the wheelchair, the Bee reported. Other allegations include that staff did not appropriately restrain Duncan and neglected to respond to her in a timely manner after she had fallen, said the Bee. The family also alleges that they found Duncan crying, unattended and upside down in her wheelchair, said the state, wrote the Bee. There were also occasions in which Duncan suffered from bruises and untreated infections.
Full Article and Source:
California Nursing Home Closed After Abuse Caught on Grannycam
'The Nursing Home Guide'
The lowdown on long-term care—from a geriatric specialist with over twenty years in the field.Placing loved ones in nursing homes or other long-term care facilities is a stressful decision—and for good reason. In previous decades, some homes were plagued by scandal, and everyone wants to know that their family members will be safe and sound even when they can’t be nearby all the time. Here, prominent geriatrician Joshua Schor, M.D., guides the reader through this emotionally challenging process step by step, covering such topics as:
• The small—and revealing—details to watch for when touring a home
• Determining whether a family member needs long-term or sub-acute care
• Deciding whether assisted living may be a viable alternative
• Questions to ask about medications, meals, and activities
• Knowing your rights and getting the information you need
• Special concerns for younger patients
• And more...
Source:
Penguin.com
Monday, January 17, 2011
Judge Ann Lokuta Loses
The state Supreme Court has affirmed former Luzerne County Judge Ann H. Lokuta’s removal from the bench, seemingly bringing to an end a protracted saga involving allegations of prejudice, selective prosecution and judicial conflicts of interest.
In a 35-page majority opinion, Justice J. Michael Eakin wrote for a 4-1 majority that Lokuta failed to develop several of her arguments, waived others and, overall, offered too many tenuous pieces of evidence in an attempt to show a conspiracy against her.The judge was removed from the bench in December 2008, after she was found to have mistreated lawyers and court staff, disregarded her duties and failed to avoid the appearance of impropriety. Since then, she has argued that fellow former Luzerne County Judges Michael T. Conahan and Mark A. Ciavarella Jr. orchestrated a conspiracy to remove her from the bench.
Conahan and Ciavarella were charged by federal investigators with accepting more than $2.8 million from the builder and former co-owner of a private juvenile detention facility. Investigators have alleged they took the money in exchange for sending children there.
Full Article and Source:
Justices Uphold Lokuta's Removal From Judicial Post
Bailiff Charged With Drunken Driving, Gun OffensesW
Cuyahoga County Probate Court bailiff Marc Garofoli is charged with driving under the influence, carrying a concealed weapon and improperly handling a gun in a motor vehicle.The case is being handled by a prosecutor from Summit County and was assigned to Common Pleas Judge Ronald Suster. A hearing is scheduled for Feb. 18.
Garofoli, 37, of Moreland Hills, is free on a $5,000 bond and has occupational driving privileges. He works for the Probate Court's Presiding Judge Anthony Russo, the brother of former Cuyahoga County Auditor Frank Russo.
Full Article and Source:
Judge Anthony Russo's Bailiff Charged with Drunken Driving, Gun Offences
Sunday, January 16, 2011
Judge Considering Guardian Appointment for Elderly Man
An Essex County judge has agreed to name an independent "guardian" to examine the validity of the documents presented by Vito Loiacono to support his acting on behalf of his grandfather, Joseph Judd — the 83-year-old Gloucester man whose family has raised a number of allegations about the handling of his case under SeniorCare, Inc. The motion, heard in probate court, was brought by SeniorCare, the Gloucester-based nonprofit services provider for McPherson Park elderly housing on Prospect Street, where Judd lived for 31/2 years.
Attorney Larry Vern, of Boston's Sullivan & Worcester, said his client — SeniorCare — received in November "a letter that sort of looks like a power of attorney," through which Loiacono sought all of Judd's medical records.
That and a health proxy presented by Loiacono "looked like something from the 1700s," said Vern; SeniorCare has not released the records.
In Massachusetts, such documents do not need to be prepared by a lawyer. Loiacono's were prepared and notarized, as required, by Robert Burke, of Gloucester, a family friend who has a law degree but works as an architect. He said the papers were in order.
Loiacono, who has questioned the timing of SeniorCare's court action on the heels of his request for his grandfather's medical file, said: "I presented those documents to (SeniorCare executive) Scott Trenti in June, when I first talked to him. He expressed no problem with them then.
"I showed the same papers to the medical records department at Addison Gilbert, and they gave me my grandfather's records," Loiacono said. "Same with Seacoast."
Vern told the court SeniorCare also questioned whether Judd, 83, who is illiterate and has dementia, was "influenced" to sign the documents.
Under the motion, the court-appointed guardian ad litem will also consider whether Judd needs a permanent guardian.
Full Article and Source:
Judge Eyes Naming Guardian in SeniorCare Case
Man Accused of Stealing From Dying Grandfather
Stephanie Nichols knew something wasn't right. Her stepfather had died Feb. 17, but more than $10,000 worth of charges had been made on his debit card since then. She went through the charges, and more than $100 spent on a tattoo from a local tattoo parlor jumped out at her -- not to mention the $1,439 paid for an AR-15 rifle from a Vancouver pawn shop.
Nichols alerted police. She also told officers that she suspected her stepfather's grandson, whom she had noticed was recently sporting a large U.S. Marine Corps Eagle globe and anchor tattoo on his shoulder.
"That's when she realized it was him," said Portland Detective Harry Trimpler, an elder abuse investigator in the bureau's Family Services Division.
The grandson, Bradley J. Brown, 23, was arrested this week and arraigned on 56 allegations, including first-degree aggravated theft, fraudulent use of a credit card and multiple counts of identity theft.
Investigators say Brown made up to 70 unauthorized charges totaling $10,374 on his grandfather's debit card, using his personal identification number, between Feb. 8 and March 1. Purchases were made on the debit card almost every day during that period, court records show.
Full Article and Source:
Portland Man Accused of Stealing More Than $10,000 From Dying Grandfather
Saturday, January 15, 2011
Press Release: The Nursing Home Complaint Center
The Nursing Home Complaint Center is calling its efforts to identify US nursing home patients, who needlessly get sepsis, septic shock, broken bones, and or victims of wrongful death, their number one priority in 2011. The group is saying, "we believe needless sepsis infections, septic shock, broken bones, wrongful death, and elder abuse in our nation's nursing homes are at epidemic levels, and we want to hear from family members who have proof the sick, or deceased family member was mistreated, or not treated at all-with the result being a wrongful death, or they are now in a ICU at a nearby hospital."
The group says, "one of the biggest problems we see in the vast majority of our nation's nursing homes is staffing levels, are not high enough to meet Medicare, or Medicaid standards, with the result being dead patients, or patients suffering from sepsis, or septic shock, due to medical malpractice, or broken bones."
If a family member, or loved one has died in a US nursing home from provable wrongful death, or now has sepsis, is in septic shock, or has broken bones, please call the Nursing Home Complaint Center at 866-714-6466, or contact the group via its web site: Nursing Home Complaint Center
Source:
Nursing Home Complaint Center Makes Discovering Victims Of Sepsis Septic Shock Broken Bones & Wrongful Death Its Number One Priority For US Nursing Home Patients
The group says, "one of the biggest problems we see in the vast majority of our nation's nursing homes is staffing levels, are not high enough to meet Medicare, or Medicaid standards, with the result being dead patients, or patients suffering from sepsis, or septic shock, due to medical malpractice, or broken bones."
If a family member, or loved one has died in a US nursing home from provable wrongful death, or now has sepsis, is in septic shock, or has broken bones, please call the Nursing Home Complaint Center at 866-714-6466, or contact the group via its web site: Nursing Home Complaint Center
Source:
Nursing Home Complaint Center Makes Discovering Victims Of Sepsis Septic Shock Broken Bones & Wrongful Death Its Number One Priority For US Nursing Home Patients
Former Rothstein Law Partner Looking Forward to Civil Trial
There's no love lost between one of Scott Rothstein's former law partners and attorneys tasked with recovering money from Rothstein's massive investment fraud, but they will be spending Valentine's Day together anyway.
Russell Adler is set to go before a federal jury that day to defend himself against a $1.2 million lawsuit brought by the attorneys handling the bankruptcy of the Rothstein Rosenfeldt Adler law firm.
It would mark the first time that any matter related to the implosion of Rothstein's law firm would be considered by a jury in either civil or criminal court. Rothstein's $1.4 billion Ponzi scheme, the largest financial fraud in South Florida history, sent shockwaves across Broward County where Rothstein had established himself as a power player in legal, political and charitable circles.
Adler adamantly denies knowing anything about Rothstein's crimes, saying he never saw the firm's financial statements.
"Russell did nothing wrong and I expect to go to trial and be vindicated very quickly," said Fred Haddad, one of Adler's attorneys. "We're looking forward to a trial."
Full Article and Source:
Former Rothstein Law Partner Ready for Feb. 14 Civil Trial
Russell Adler is set to go before a federal jury that day to defend himself against a $1.2 million lawsuit brought by the attorneys handling the bankruptcy of the Rothstein Rosenfeldt Adler law firm.
It would mark the first time that any matter related to the implosion of Rothstein's law firm would be considered by a jury in either civil or criminal court. Rothstein's $1.4 billion Ponzi scheme, the largest financial fraud in South Florida history, sent shockwaves across Broward County where Rothstein had established himself as a power player in legal, political and charitable circles.
Adler adamantly denies knowing anything about Rothstein's crimes, saying he never saw the firm's financial statements.
"Russell did nothing wrong and I expect to go to trial and be vindicated very quickly," said Fred Haddad, one of Adler's attorneys. "We're looking forward to a trial."
Full Article and Source:
Former Rothstein Law Partner Ready for Feb. 14 Civil Trial
Friday, January 14, 2011
For-Profit Nursing Facilities Overbilling U.S. Govt
For-profit nursing home companies led by Kindred Healthcare Inc. and Sun Healthcare Group Inc. are likelier than non-profit counterparts to overbill Medicare for the costliest services, according to a U.S. government report.Medicare should investigate instances in which companies keep patients longer, charge more for care and classify clients for more extensive and costly services than needed, the study released today by the inspector general found.
The findings, based on audits of nursing-home billings from 2006 to 2008, “raise concerns about the potentially inappropriate use of higher-paying” billing codes, said the report by the Health and Human Services Department’s Office of Inspector General. It recommends that Medicare, the U.S. health insurance program for the elderly and disabled, consider changing its payment method for nursing home services.
The program covers as much as 100 days of nursing-home services for beneficiaries who require skilled care or rehabilitation following a hospitalization of at least three consecutive days. Care can be provided in a hospital or free- standing facility.
Medicare plans to target an undisclosed list of nursing homes with “questionable” billing practices, according to the report. The program specifically is examining “special-nursing facilities” for patients recovering from an injury or who are disabled.
California Representative Pete Stark, the ranking Democrat on the House Ways and Means Health Subcommittee, has been critical of the reimbursements that special nursing facilities get from Medicare. Medicare pays too much for the therapy services that the companies were billing more for, and too little for other services, his Stark’s spokesman, Brian Cook, said in an e-mail.
Stark unsuccessfully attempted to change the payments to nursing facilities in the health-care law signed by President Barack Obama in March.
Full Article and Source:
For-Profit Nursing Homes Overbilling U.S. Government
More Young People are Winding Up in Facilities
Adam Martin doesn't fit in here. No one else in this nursing home wears Air Jordans. No one else has stacks of music videos by 2Pac and Jay-Z. No one else is just 26.
It's no longer unusual to find a nursing home resident who is decades younger than his neighbor: About one in seven people now living in such facilities in the U.S. is under 65. But the growing phenomenon presents a host of challenges for nursing homes, while patients like Martin face staggering isolation.
"It's just a depressing place to live," Martin says. "I'm stuck here. You don't have no privacy at all. People die around you all the time. It starts to really get depressing because all you're seeing is negative, negative, negative."
The number of under-65 nursing home residents has risen about 22 percent in the past eight years to about 203,000, according to an analysis of statistics from the Centers for Medicare and Medicaid Services. That number has climbed as mental health facilities close and medical advances keep people alive after they've suffered traumatic injuries. Still, the overall percentage of nursing home residents 30 and younger is less than 1 percent.
Martin was left a quadriplegic when he was accidentally shot in the neck last year by his stepbrother. He spent weeks hospitalized before being released to a different nursing home and eventually ended up in his current residence, the Sarasota Health and Rehabilitation Center. There are other residents who are well short of retirement age, but he is the youngest.
Advocates who help young patients find alternatives to nursing homes say people are often surprised to learn there are so many in the facilities. About 15 percent of nursing home residents are under 65.
"When I tell people I try to get kids out of nursing homes, they have no idea," says Katie Chandler, a social worker for the nonprofit Georgia Advocacy Office.
Federal law requires states to provide alternatives to institutional care when possible, though its implementation varies from place to place. Navigating the system can require a knowledgeable advocate and, sometimes, litigation.
Full Article and Source:
More Young People are Winding Up in Nursing Homes
It's no longer unusual to find a nursing home resident who is decades younger than his neighbor: About one in seven people now living in such facilities in the U.S. is under 65. But the growing phenomenon presents a host of challenges for nursing homes, while patients like Martin face staggering isolation.
"It's just a depressing place to live," Martin says. "I'm stuck here. You don't have no privacy at all. People die around you all the time. It starts to really get depressing because all you're seeing is negative, negative, negative."
The number of under-65 nursing home residents has risen about 22 percent in the past eight years to about 203,000, according to an analysis of statistics from the Centers for Medicare and Medicaid Services. That number has climbed as mental health facilities close and medical advances keep people alive after they've suffered traumatic injuries. Still, the overall percentage of nursing home residents 30 and younger is less than 1 percent.
Martin was left a quadriplegic when he was accidentally shot in the neck last year by his stepbrother. He spent weeks hospitalized before being released to a different nursing home and eventually ended up in his current residence, the Sarasota Health and Rehabilitation Center. There are other residents who are well short of retirement age, but he is the youngest.
Advocates who help young patients find alternatives to nursing homes say people are often surprised to learn there are so many in the facilities. About 15 percent of nursing home residents are under 65.
"When I tell people I try to get kids out of nursing homes, they have no idea," says Katie Chandler, a social worker for the nonprofit Georgia Advocacy Office.
Federal law requires states to provide alternatives to institutional care when possible, though its implementation varies from place to place. Navigating the system can require a knowledgeable advocate and, sometimes, litigation.
Full Article and Source:
More Young People are Winding Up in Nursing Homes
Thursday, January 13, 2011
Save Marcelle
This video was shot over a few days in 2008,when Marcelle had began to sleep by day. To force her to stay awake, accountant Richard Kaufman ordered that she be denied the recliner she had used all day for years, and that she be kept at the dining table, in a chair she finds quite uncomfortable.
When Mr. Kaufman bought some squeaky birds and a stuffed dog, the aides were supposed to make Marcelle love her new toys. The aides were told that the doctor wanted them to keep Marcelle awake with the squeaky birds. The aides obeyed. Please remember, when you watch the video, that the nurse aides who appear to mistreat Marcelle are not aware they are doing anything awful or cruel. They were told that these were doctor’s orders, and that they had to bother Marcelle a little, in order to help her. They did not know that these were not doctor’s orders, but accountant’s orders.
Source:
SaveMarcelle.com
When Mr. Kaufman bought some squeaky birds and a stuffed dog, the aides were supposed to make Marcelle love her new toys. The aides were told that the doctor wanted them to keep Marcelle awake with the squeaky birds. The aides obeyed. Please remember, when you watch the video, that the nurse aides who appear to mistreat Marcelle are not aware they are doing anything awful or cruel. They were told that these were doctor’s orders, and that they had to bother Marcelle a little, in order to help her. They did not know that these were not doctor’s orders, but accountant’s orders.
Source:
SaveMarcelle.com
AZ Supreme Court Suspends 2 Lawyers for Violations
The state Supreme Court has suspended two attorneys who practice in probate law for violating professional standards.
John F. Giles was suspended on an interim basis after he failed to respond to allegations that he misappropriated trust funds. Giles practices in Phoenix and was suspended effective Jan. 4, 2011.
The Supreme Court also suspended probate lawyer Marshall Fealk of Tucson for 30 days after he admitted he failed to safeguard his clients' property and didn't comply with trust account requirements. He suspension begins on Feb. 4.
Fealk will be on probation for a year after his suspension ends.
Source:AZ Supreme Court Suspends 2 Lawyers for Violations
John F. Giles was suspended on an interim basis after he failed to respond to allegations that he misappropriated trust funds. Giles practices in Phoenix and was suspended effective Jan. 4, 2011.
The Supreme Court also suspended probate lawyer Marshall Fealk of Tucson for 30 days after he admitted he failed to safeguard his clients' property and didn't comply with trust account requirements. He suspension begins on Feb. 4.
Fealk will be on probation for a year after his suspension ends.
Source:AZ Supreme Court Suspends 2 Lawyers for Violations
Wednesday, January 12, 2011
Wife Seeks to Have Detroit Businessman Don Barden Declared Incompetent
The wife of one of the city's most prominent entrepreneurs, Don Barden, has obtained a temporary restraining order to freeze family assets and wants him declared incompetent on claims that cancer treatments have made him incoherent.Bella Marshall, 60, Barden's wife and the chief operating officer of the Wayne County government, obtained an order from Wayne County Probate Court preserving the "financial status quo" of the marital estate.
She also asked for the appointment of a conservator to take over her 67-year-old husband's far-flung businesses. Barden's companies have held interests in cable television, real estate development and casinos.
Marshall said she anticipated her husband's release in the new year from inpatient treatment at Karmanos Cancer Institute and arranged for 24-hour home nursing care, according to one of her lawyers. But Barden never showed up.
"It's sad and pathetic," said attorney Lisa Ritchie Neilson. "She was considering making a missing person report and resisted taking any action in court. But she doesn't know where he is, who he is with or who is influencing him."
Darci McConnell, Barden's spokeswoman, denied he is incapacitated.
"Mr. Barden is both physically and mentally capable of managing his affairs, and continues to do so," McConnell said. "As this now involves a potential legal matter, as well as a personal one, we have no further comment."
Full Article and Source:
Wife Seeks to Have Detroit Businessman Don Barden Declared Incompetent
Barden Fights Wife's Claim, Seeks Divorce
Cancer-stricken entrepreneur Don Barden has responded to his wife's request of a judge to have him declared incompetent to handle his far-flung business interests by filing for divorce.
In papers filed Monday in Wayne Circuit Court, Barden asked for a divorce from his wife of 21 years, Bella Marshall, 60. And in answer to Marshall's request filed last week to have the 67-year-old real estate developer and casino owner declared incompetent, Barden accused her of acting in a "scurrilous and slanderous manner."
"Here is a man, fighting to recover from cancer, and he gets slammed with these papers that say, 'I'm going to the probate court and having you declared incompetent.' That's just not fair at all," Barden's lawyer, Henry Baskin, said Monday.
Marshall's lawyer said she had anticipated her husband's release in the new year from in-patient treatment at Karmanos Cancer Institute and arranged for 24-hour home nursing care. But Barden never showed up.
Barden's lawyer said not coming home was Barden's conscious decision.
"I visited him for a couple of hours, and I talked to the doctors at Karmanos," said Baskin. "He is able to run his business. He is able to make decisions about his personal life without hesitation. He does not have what was portrayed in public as a disabling brain cancer. He is not well. He has lung cancer, and he is getting treatment for it."
Attached to the court filings is a statement signed by Barden, stating: "I am mentally capable of making decisions affecting my business interests, my marriage and my future. I suffer no disability which would prevent a clear and concise statement that I am of sound mind and aware of the proceedings that have been filed by my wife."
Full Article and Source:
Barden Fights Wife's Claim, Seeks Divorce
In papers filed Monday in Wayne Circuit Court, Barden asked for a divorce from his wife of 21 years, Bella Marshall, 60. And in answer to Marshall's request filed last week to have the 67-year-old real estate developer and casino owner declared incompetent, Barden accused her of acting in a "scurrilous and slanderous manner."
"Here is a man, fighting to recover from cancer, and he gets slammed with these papers that say, 'I'm going to the probate court and having you declared incompetent.' That's just not fair at all," Barden's lawyer, Henry Baskin, said Monday.
Marshall's lawyer said she had anticipated her husband's release in the new year from in-patient treatment at Karmanos Cancer Institute and arranged for 24-hour home nursing care. But Barden never showed up.
Barden's lawyer said not coming home was Barden's conscious decision.
"I visited him for a couple of hours, and I talked to the doctors at Karmanos," said Baskin. "He is able to run his business. He is able to make decisions about his personal life without hesitation. He does not have what was portrayed in public as a disabling brain cancer. He is not well. He has lung cancer, and he is getting treatment for it."
Attached to the court filings is a statement signed by Barden, stating: "I am mentally capable of making decisions affecting my business interests, my marriage and my future. I suffer no disability which would prevent a clear and concise statement that I am of sound mind and aware of the proceedings that have been filed by my wife."
Full Article and Source:
Barden Fights Wife's Claim, Seeks Divorce
Tuesday, January 11, 2011
Advocate Tom Fields Fights for Elder Rights
Tom Fields' father lay dying in a hospital bed in Florida on a morphine drip for cancer.Fields, a Mentor resident, believes that during his final hours his father was the victim of financial elder abuse by people close to him.He said his father's wishes about his property were altered as a new will was written."People took advantage of my father and got him to sign a document," Fields said."There was no protection against this. A protocol could have stopped that."Fields is now an independent advocate fighting to get laws passed to protect families in similar situations."People took advantage of my father and got him to sign a document," Fields said.
"There was no protection against this. A protocol could have stopped that."
Fields is now an independent advocate fighting to get laws passed to protect families in similar situations.
"Nothing here in Ohio holds abusers accountable," he said. "My main focus is to keep people out of the court system, which is basically taking advantage of people who are victims."
Fields' first step was writing the Ohio Department of Aging to ask it to create task forces looking at elder abuse issues and how to prevent them.
He also proposed a step-by-step list of protocols for hospitals to follow to prevent financial abuse.
Full Article, Video and Source:
Mentor Man Fighting for Elder Rights
MA: Lawyer Indicted for Tampering With Court Record
A Lynn lawyer accused of stealing and shredding the Jose Cabrera file in the trial set to begin [1/10/11] in Salem Superior Court has been indicted by an Essex County grand jury.
A single indictment was handed down Friday afternoon against Ilya Ablavsky, 32, charging him with tampering with a court record used in an official proceeding.
The charge arises out of an incident on Nov. 3 when Ablavsky appeared in the clerk's office at Salem Superior Court, presented his identification and asked to see the file on Jose Cabrera. Ablavsky allegedly left with the file when no one was looking and destroyed the file.
Source:
Lynn Attorney Indicted for Tampering With Court Record
A single indictment was handed down Friday afternoon against Ilya Ablavsky, 32, charging him with tampering with a court record used in an official proceeding.
The charge arises out of an incident on Nov. 3 when Ablavsky appeared in the clerk's office at Salem Superior Court, presented his identification and asked to see the file on Jose Cabrera. Ablavsky allegedly left with the file when no one was looking and destroyed the file.
Source:
Lynn Attorney Indicted for Tampering With Court Record
Monday, January 10, 2011
A Growing Trend of Medicine
Time is more precious these days for Janet Bedin. Especially after learning she lost five months with her mom Dolores. "If my mom didn't get nauseous that day, maybe we would have never known," she says.
Never known, she's dying. In September, a hernia sent 86-year-old Dolores to a Rockford hospital. That's when Janet says they learned Dolores has inoperable pancreatic cancer. How they found out? A cat scan taken at Chicago's Northwestern Memorial Hospital months earlier, in April.
"The hospital has known information my mother is terminally ill, which cut into the quality time we could have spent with her and the planning time," says Janet.
"I encourage patients to learn their test results whether they're normal or abnormal, don't assume hearing nothing means they're normal," says Dr. Martin Lipsky, Dean of the University of Illinois College of Medicine.
Lipsky says unfortunately communication errors happen all of the time. And with any tests, call to get results within a week.
"It's important for family members to be very visible in the care of patients," he says.
Lipsky suggests children get a power of attorney for health care. Janet has that right, and it was a battle to keep it.
In a rare move, Northwestern Memorial Hospital took her to court to get that authority revoked. Dolores had already been in the hospital two months and didn't feel well enough to leave. So the hospital threatened to have a Public Guardian take over.
"How could you say to me I don't have my mother's best interest at heart," says Janet.
Like most daughters, Janet didn't want to lose her mom so she took her home.
Full Article and Source: (Note: Three Part Series with Video)
A Growing Trend in Medicine
TX: Will Money Woes Force Closing of DAD's Facilities?
Disability rights advocates try year after year to convince lawmakers to close Texas’ state-supported living centers — the large, institutional-care settings that have been targeted by the U.S. Justice Department for dangerous conditions. Every time, their efforts are rebuffed: by the adamant parents who rely on the facilities to care for their loved ones, and the lawmakers who count on them as economic drivers in their districts.This session, advocates say they have a big plus in their column: the state’s giant budget crunch. They are hoping lawmakers, facing an estimated $18 billion to $25 billion shortfall, will have no choice but to shutter some of the facilities, which cost Texas a combined $500 million to operate every year.
“Does this economic reality make it easier for legislators to do it? I sure hope so,” said Amy Mizcles, governmental affairs director with The Arc of Texas, which wants people with disabilities to receive community-based care. “We keep hearing this fiscal responsibility mantra. We have a real opportunity to provide better quality care in a much less expensive setting.”
Full Article and Source:
Will Money Woes Force Closing of DAD's Facilities
Indiana Judge Makes Case for Court Reform
Indiana Court of Appeals Chief Judge John Baker makes lofty arguments for why the state needs major court reform to occur in the next legislative session.
“Why does it take a year and a half to get a divorce in one county when it takes six months in another?” said Baker. “Divorce is hell anyway, why drag out the process of dissolving a bad marriage?”
The answer, he said, has to do with disproportionate case loads in which some Indiana counties have too many court cases, too few judges to hear them and no capacity to help each other out.
But also part of the answer, he said, is what he calls the “Balkanization” of Indiana’s courts.
He labels the situation as “a fragmented system of mutually hostile units resistant to cooperation and change.”
It’s that system that he and others cite when talking about streamlining Indiana’s judicial system and making more efficient use of the $400 million in state tax dollars spent on it last year.
The time for reform seems ripe: The number of court cases in Indiana rose by more than 16 percent in the past decade but funding and resources haven’t kept pace.
Last week, state budget officials estimated a $700 million shortfall in revenues going into the biennial budget-making session that starts in January.
“When resources get tight, people have to get more efficient,” Baker said
That’s why he argues “with passion” in favor of a reform plan laid out in 2009 by the Indiana Judicial Conference, whose membership is made up of full-time judges in Indiana.
The plan, called “A New Way Forward,” proposed major changes in the court system at the local level.
Baker doesn’t expect the changes he wants to come quickly.
“My experience with reform in Indiana is that it moves a little faster than the glaciers,” he said.
Full Article and Source:
Judges Making Case of Court Reform
“Why does it take a year and a half to get a divorce in one county when it takes six months in another?” said Baker. “Divorce is hell anyway, why drag out the process of dissolving a bad marriage?”
The answer, he said, has to do with disproportionate case loads in which some Indiana counties have too many court cases, too few judges to hear them and no capacity to help each other out.
But also part of the answer, he said, is what he calls the “Balkanization” of Indiana’s courts.
He labels the situation as “a fragmented system of mutually hostile units resistant to cooperation and change.”
It’s that system that he and others cite when talking about streamlining Indiana’s judicial system and making more efficient use of the $400 million in state tax dollars spent on it last year.
The time for reform seems ripe: The number of court cases in Indiana rose by more than 16 percent in the past decade but funding and resources haven’t kept pace.
Last week, state budget officials estimated a $700 million shortfall in revenues going into the biennial budget-making session that starts in January.
“When resources get tight, people have to get more efficient,” Baker said
That’s why he argues “with passion” in favor of a reform plan laid out in 2009 by the Indiana Judicial Conference, whose membership is made up of full-time judges in Indiana.
The plan, called “A New Way Forward,” proposed major changes in the court system at the local level.
Baker doesn’t expect the changes he wants to come quickly.
“My experience with reform in Indiana is that it moves a little faster than the glaciers,” he said.
Full Article and Source:
Judges Making Case of Court Reform
Sunday, January 9, 2011
MO AG: More Protections Needed for Seniors
Many Missouri investment firms lack specific plans for dealing with the unique needs of seniors who entrust them with their life savings, Secretary of State Robin Carnahan said in a report released [12/26/10].
The report is the result of a six-month audit conducted by the secretary of state's Securities Division of the policies and procedures of 24 brokerage businesses and six investment adviser firms. Carnahan said she launched the review because of a growing number of complaints, an increase in reports of financial fraud involving seniors and the general aging of the state's population.
"Every year, hundreds of seniors call my office with questions and complaints about the investment advice they receive," Carnahan said in a written statement. "Missouri seniors should be able to invest their life savings confidently and without fear they will be taken advantage of by their adviser or broker."
Full Article and Source:
Carnahan: More Protections Needed for MO Seniors
See Also:
'Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes,' by Joe Roubicek
'Marked for Destruction,' by John Caravella
The report is the result of a six-month audit conducted by the secretary of state's Securities Division of the policies and procedures of 24 brokerage businesses and six investment adviser firms. Carnahan said she launched the review because of a growing number of complaints, an increase in reports of financial fraud involving seniors and the general aging of the state's population.
"Every year, hundreds of seniors call my office with questions and complaints about the investment advice they receive," Carnahan said in a written statement. "Missouri seniors should be able to invest their life savings confidently and without fear they will be taken advantage of by their adviser or broker."
Full Article and Source:
Carnahan: More Protections Needed for MO Seniors
See Also:
'Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes,' by Joe Roubicek
'Marked for Destruction,' by John Caravella
'Attorney on a Gurney' Strategy a Loser
In November, according to media reports, former assistant district attorney Mark F. Morrison was wheeled into a Fayette County courtroom on a gurney -- wearing a surgical mask -- for his competency hearing.
Defense counsel Bruce Manchester reportedly told the court that Mr. Morrison, who has been charged by the state Attorney General's Office with bilking two of his clients out of more than $99,000 in a mortgage refinancing scheme, was suffering from a severe bacterial infection. Mr. Manchester also said his client was not competent to stand trial because of mental illness, according to court papers.
But on Dec. 9, Fayette County Common Pleas Judge Steven P. Leskinen found Mr. Morrison fit to stand trial and set the trial date for Jan. 3, 2011. Several media outlets reported the story, dubbing it the "attorney on a gurney" case and focusing on the fact that two expert psychiatrists testified during the competency hearing that they were unable to rule out the possibility that Mr. Morrison was faking mental illness. (The case's nickname is a misnomer because Mr. Morrison voluntarily resigned from the bar in 2006.)
In its answer to Mr. Morrison's competency motion, the state alleged he was "engaged in deceitfulness and malingering relative to his cognitive abilities."
But was coming to court on a gurney mere theatrics?
Several defense attorneys across the state said that if Mr. Morrison and his lawyer, of Manchester & Associates in Bellefonte, Centre County, were trying to pull off an elaborate stall tactic, it was an ill-advised one at best.
Full Article and Source:
Attorney on a Gurney Strategy Usualy a Loser
Defense counsel Bruce Manchester reportedly told the court that Mr. Morrison, who has been charged by the state Attorney General's Office with bilking two of his clients out of more than $99,000 in a mortgage refinancing scheme, was suffering from a severe bacterial infection. Mr. Manchester also said his client was not competent to stand trial because of mental illness, according to court papers.
But on Dec. 9, Fayette County Common Pleas Judge Steven P. Leskinen found Mr. Morrison fit to stand trial and set the trial date for Jan. 3, 2011. Several media outlets reported the story, dubbing it the "attorney on a gurney" case and focusing on the fact that two expert psychiatrists testified during the competency hearing that they were unable to rule out the possibility that Mr. Morrison was faking mental illness. (The case's nickname is a misnomer because Mr. Morrison voluntarily resigned from the bar in 2006.)
In its answer to Mr. Morrison's competency motion, the state alleged he was "engaged in deceitfulness and malingering relative to his cognitive abilities."
But was coming to court on a gurney mere theatrics?
Several defense attorneys across the state said that if Mr. Morrison and his lawyer, of Manchester & Associates in Bellefonte, Centre County, were trying to pull off an elaborate stall tactic, it was an ill-advised one at best.
Full Article and Source:
Attorney on a Gurney Strategy Usualy a Loser
Feds: Woman Takes Elderly Boyfriend for Millions
Federal authorities have raided the home of a convicted killer living in Coupeville accused of bilking an elderly eye doctor out of $2.2 million.
In recently unsealed filings in U.S. District Court, federal law officers claim the married 60-year-old woman portrayed herself as a widow and sparked an online relationship with the Kittitas County man, then conned him out of his life savings.
On July 9, the U.S. Postal Inspection Service received a complaint from a man who reported that his father, Norman D. Butler Sr., had been swindled by the Coupeville woman he'd met online. The man's son described his father as an aging optometrist who has since been diagnosed with Alzheimer's disease.
Butler's son said he began investigating his father's relationship with the woman and came to believe she'd bilked about $2.2 million out of the 80-year-old man, the postal inspector told the court.
Full Article and Source:
Feds: Coupeville woman Took 80-Year-Old Boyfriend for Millions
In recently unsealed filings in U.S. District Court, federal law officers claim the married 60-year-old woman portrayed herself as a widow and sparked an online relationship with the Kittitas County man, then conned him out of his life savings.
On July 9, the U.S. Postal Inspection Service received a complaint from a man who reported that his father, Norman D. Butler Sr., had been swindled by the Coupeville woman he'd met online. The man's son described his father as an aging optometrist who has since been diagnosed with Alzheimer's disease.
Butler's son said he began investigating his father's relationship with the woman and came to believe she'd bilked about $2.2 million out of the 80-year-old man, the postal inspector told the court.
Full Article and Source:
Feds: Coupeville woman Took 80-Year-Old Boyfriend for Millions
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