Protecting Iowa's Senior Citizens

During this video, Senator Dennis Black speaks in depth of the Bob Queener case:



Source:
YouTube: Protecting Iowa's Senior Citizens

See Also:
Update on Bob Queener Case

Caregivers and Guardian Arrested

Three people who had been caring for a disabled Utah woman who was found dead are accused of beating her, putting a pepper seed in her eye, and binding her wrists and ankles with restraints so she couldn't remove it.

Police found 22-year-old Christina Harms dead Friday in her home in the town of Kearns, about 24 kilometres south of Salt Lake City.

Unified Police Lt. Justin Hoyal says investigators found Harms' body covered in bruises and marks on her wrists and ankles consistent with the use of restraints.

An autopsy to determine the cause of death is pending, but police believe the abuse was a key factor.

Hoyal says Harms' live-in caregivers and her legal guardian were arrested and booked into the Salt Lake County jail on Sunday. No bail has been set.

Source:
Utah Caregivers, Guardian Arrested After Death of 22-Year-Old Disabled Woman

Abuse Caught on Camera

A family is planning to sue a New Jersey nursing home. They say an elderly family member died in January following physical abuse by a nursing aide.

87-year-old Mondesta Alvarado died at the Harborage Nursing Home in North Bergen, N.J. Alvarado was paralyzed and terminally ill when she was allegedly abused.

Former aide Julia Galvan is accused of repeatedly striking Alvarado. The abuse was captured on a video camera the family installed in her room after they suspected mistreatment. Galvan is also accused of removing her oxygen mask.

Criminal charges are pending against Galvan.

Source and Video:
Abuse of 87-Year-Old Caught on Camera

Brain Damaged Mom Can See Her Triplets

Paraplegic mother Abbie Dorn has been in the middle of a visitation battle with ex-husband Dan Dorn after he has refused to let her see their triplets after brain damage sustained during delivery of the triplets. Terry McCarthy reports with more and Russ Mitchell spoke with Legal Analyst Lisa Bloom and Psychologist Dr. Jennifer Hartstein to discuss the legal perspective and psychological effects that may be involved with the mother and children thereafter.



Source:
Brain Damaged Mom Can See Her Triplets,Judge Rules

See Also:
Abbie Dorn Court Battle Set for May 13

80-Year-Old New Jersey Lawyer Charged With Theft

The Passaic County Prosecutor has charged 80-year-old Clifton lawyer Kenneth Brookman of North Caldwell with three counts of theft by failure to make required disposition of property.

Prosecutor Camelia Valdes announced the arrest of the 1135 Clifton Ave., lawyer on Tuesday. According to the Prosecutor's office, Brookman's license to practice law, obtained in 1956, was suspended July 2010.

The complaints against Brookman, according to the Prosecutor's office, allege Brookman stole about $100,000 from three clients during 2008 to 2010.

In the first matter, Brookman failed to disburse $74,539 to the beneficiary of an estate, according to the Prosecutor's office. In the second matter, Brookman failed to pay over a $17,000 deposit being escrowed on a real estate transaction and in the third case, Brookman again failed to distribute $5,069 to the beneficiaries of an estate, according to the Prosecutor.

During the period of the thefts, Brookman illegally transferred clients' funds out of his Attorney Trust Account to his personal bank account or otherwise converted the entrusted funds to his personal use, a release by the prosecutor's office reads.

Theft by Failure to make Required Disposition of Property (N.J.S.A. 2C:20-9) is a third degree offense punishable by up to five years in state prison.

Full Article and Source:
Clifton Lawyer, 80, Charged With Theft

Arizona Legislative Tug of War

SB 1499 should be killed, and HB2424 passed without further delay, with one amendment: quarterly reports in the first year, semiannual in the second, and annually in the third and subsequent years of a guardianship or conservatorship, because fiduciary fees are out of control. All "Interested persons" should receive copies, without having to apply for same, and "interested persons" will do a better monitoring job than the courts would or could.

One need look no further than the Marie Long case and the outrageous and obscene fee billings by the fiduciaries to know that there must be a cap on attorney fees in the probate courts.

If family law was the "bread and butter" of the Bar, then guardianship and conservatorship may be the new "caviar." The purpose of HB2424 is to put a cap on fees, and the purpose of SB1499 is to create a total management plan in favor of continued asset bleeding.

The word "vexatious" in SB 1499 is a very red flag. It tells us that that section of the Bill on fees is drafted solely to harass or subdue an adversary - the family -to shut them out of court by means of financial harassment and punishment.

Never in our experience do we hear of probate lawyers being tagged as "vexatious" litigants. The Senate version of a probate remedy sounds like a euthanasia Bill for families! It is a total put-down to any attempt by the family to fight unlawful and abusive guardianships and conservatorships.

The dirty secrets are all out - there is no reform that can help protect the greedy fiduciaries any longer. The probate courts must clean up their act - not by statutory tricks such as in 1499, but by imposing fee caps on the "caviar-consuming" lawyers, by applying the existing statutes properly,and protecting the civil liberties and human rights of the wards and their families. Retaliation by a guardian in prohibiting visitation must be met with quickly and severely.

If Anyone's Listening, Here's a Way to Cut Through the Competing Probate Noise

For anyone not already tone deaf with a case of earsplitting self-interest, a court-appointed attorney in Maricopa County, Arizona’s Probate Court offers his own cogent solution to what’s become a contest of the dueling probate reformers at the state capitol. The attorney’s name is Jon D. Kitchel and he’s in private practice.

Currently, two bills, one from the state senate and the other from the state house, are vying to conjure up ‘the better prescription’ to cure what’s been ailing the local probate court.

Senate Bill 1499 is supported by the courts, probate lawyers, the fiduciaries and other interested stakeholders. The other is House Bill 2424, which is promoted by activists and family members of wards who’ve run up against the buzz saw and are still licking wounds from the experience.

Jon Kitchel’s “Open Letter” is as follows:

“.....The Legislature is currently considering alternatives that might improve the system. Here are three substantive changes the Legislature could make to improve our system:

First, require fiduciaries to provide regular financial reports to wards or their counsel if they choose to receive them. Current statutes require a conservator to file an annual accounting listing income and expenses a year after the money is gone. It’s not possible for anyone to monitor an estate without regular financial reports.

“Second, reduce (or eliminate) the barrier to fiduciary substitution. Sometimes a relationship between a fiduciary and ward is unproductive. It may be too expensive or it may simply be a personality conflict. Under our current system, only the court may determine if that relationship should be ended. That determination is made after expensive litigation in which both sides of the conflict are paid from the ward’s estate.

A better system would allow a ward (as often as once a year) to ask the court to appoint a successor fiduciary for any reason. Fiduciaries, like anyone else, should have to compete for business based on price and performance. If another qualified fiduciary is available and willing to serve (consistent with the ward’s best interests) the court should be required to appoint a successor.....

Third, if a ward is paying the bill, the person being paid should have a primary duty to the ward. That includes both the fiduciary and the lawyer hired by the fiduciary with the ward’s money. A fiduciary and his attorney should not be keeping secrets from the ward while charging the ward for doing so....

...Arizona’s legislature could take a large step forward to real probate reform by stepping on a few bureaucratic toes and granting Arizona’s wards three basic rights: the right to receive regular financial reports, the right to elect substitution of a fiduciary for any reason, and the right to expect all professionals paid by the ward to put the ward’s interests first.”

Source:
If Anyone's Listening, Here's the Way to Cut Through the Competing Probate Noise at the AZ Legislature

A Visual Guide to Probate "Process"

For those looking for a visual aid to explain the probate court process, here’s a chart produced as part of the Republic’s investigative series.

CRISISA descent into Alzheimer’s dementia. A debilitating stroke. Even an addiction.

The outcome: You are rendered temporarily or permanently incapacitated, unable to provide for your own health and personal care or manage your finances. If there is no one willing or able to care for you, Maricopa County Probate Court may step in.

Family or friends: Reliable family members or friends may intervene to oversee your care and finances, honoring any power-of-attorney or trust documents you had prepared. However, if a feud among family members later erupts over your care or money, Maricopa County Probate Court may step in.

Full Article and Source:
Courthouse Steps

SB1499 Will Bring Order To Probate Court Chaos

The stories are heartbreaking and upsetting. Arizona seniors losing most or all of their life's savings because of the actions of unscrupulous individuals appointed to manage their finances. The time has come to reform Probate Courts in our state.

Senate Bill 1499 is a comprehensive package that gives "truth in probate" to Arizona's families. Probate law is complicated, and we have worked hard to make sure we have the right plan to help families making decisions at a very difficult stage.

Currently, the people most vulnerable don't have the power to bring change. SB 1499 shifts the balance of power back to those navigating the process.

Probate victims are demanding that we stop the runaway costs associated with the current process. In response, SB 1499 demands that a proposed guardian must submit a good-faith estimate of all costs up front to avoid any sticker shock for families. That is the time that families must know what the expenses will be, so they are able to make an informed decision.

Shortly after being appointed, the conservator/guardian is required to have a detailed budget in place. If the conservator goes over budget, it won't see the money unless there is a clear, defensible explanation. SB 1499 also addresses past problems by limiting when payments to fiduciaries and attorneys may start, and forcing the professionals to submit their bills in a timely manner.

We also make sure the ward is protected. Current law makes it too difficult to remove fiduciaries that don't get along with their clients. Because of this, the fiduciaries often fight in the courts to keep their jobs. This rapidly drives up costs for the wards, who are responsible for all litigation costs.

Full Article and Source:
SB1499 Will Bring Order to Probate Court Chaos

Mickey Rooney's Conservatorship is Permanent

Mickey Rooney's legal and financial affairs will remain under the permanent control of his lawyer after a judge in Los Angeles ruled his conservatorship should stay in place indefinitely.

The veteran actor's attorney Michael Augustine was appointed temporary conservator in February (11) after the Oscar-winner filed court papers claiming his step-son Christopher Aber had been trying to convince him to sign over control of his assets.

The 90 year old alleged he feared for his safety and in a sworn declaration to the court, Augustine claimed he had found $400,000 missing from one of the star's bank accounts. A judge granted his request for a restraining order against Aber and his wife.

The case went back to court on 3/25 and a judge made the conservatorship permanent. The restraining order against the Abers was not extended, but the couple has reportedly agreed to continue staying away from Rooney.

Full Article and Source:
Mickey Rooney's Conservatorship Made Permanent

See Also:
Mickey Rooney the Champion!

Mickey Rooney Reaches Settlement With One of his Stepsons

A settlement was reached between Mickey Rooney and one of his stepsons, who the 90-year-old actor had accused of trying to gain control of his assets, an attorney for the movie icon said after a court conservatorship hearing [3/25/11].

Lawyer Bruce S. Ross said the resolution means a scheduled April 5 hearing on a possible extension of the current stay-away order against Christopher Thomas Aber and his wife, Christina, will not be held.

He said both Abers have agreed to the provisions of the current order without having to have further enforcement by a judge.

The restraining order directed Aber and his wife -- who both denied any wrongdoing -- to stay at least 100 yards from Rooney and his home.

Also protected under the order were another Rooney stepson, 48-year-old Mark Aber Rooney, and the latter's 58-year-old wife, Charlene. Both have lived with the actor since April 2009.

Christopher Aber, 52, regularly went to Rooney's home unannounced and the actor hid in his room to avoid him, according to court papers submitted by the actor's lawyers in support of the restraining order.

Full Article and Source:
Mickey Rooney Reaches Settlement With One of his Stepsons

Mickey Rooney Seeks Career Revival Under New Conservatorship

Mickey Rooney must revive his show business career soon or he will die "in very short order," the lawyer appointed to oversee the 90-year-old actor's affairs told CNN Friday.

"He's available, he's marketable and we're going to get him working," said Michael Augustine.

Los Angeles County Superior Court Judge Reva Goetz cleared the way for a Rooney resurgence Friday by appointing Augustine as permanent conservator, a move Rooney said he needed to protect him from his stepson and stepdaughter.

Full Article and Source:
Mickey Rooney Seeks Career Revival Under New Conservatorship

What the Numbers Don't Tell Us

The right to kill yourself became the law of the land in Washington state in 2008. In year two since enactment of the Death With Dignity Act (DWDA), which allows adult residents of the state whom doctors have diagnosed with a terminal illness to take their own lives, a total of 87 people were prescribed “lethal doses” of medication by their physician (“death by doctor” once removed being the only legal method of suicide thus far) and a total a 72 actually died, either by the drugs or by some other means.

What the Washington State Department of Health (DOH) was able to report in its 2010 summary of the law’s impact is that only 51 of the 87 actually succumbed to the deadly drugs they supposedly asked for, while 15 others died without having taken the drugs. For the six others confirmed dead, the state isn’t quite sure whether the drugs killed them or something else.

While that lack of certainty is troubling enough, there are still 15 other individuals who were prescribed lethal medication for which the state Department of Health (DOH) has not accounted at all, and that has one Washington state life group raising some sobering issues.

Eileen Geller of True Compassion Advocates, a life ethics organization that monitors the issue of assisted suicide in Washington — as well as Oregon, the only other state that has legalized the practice — said that the group is deeply disturbed that Washington health officials can’t locate the documentation or facts on what happened to the individuals who were prescribed lethal doses of medication so they could kill themselves — but apparently have since disappeared off the state’s radar.

She also related the story of a seriously ill paralyzed woman who was discharged prematurely from a Seattle-area hospital and worried about being a burden to her family. With no financial resources and feeling she had no other choice, the women “requested doctor prescribed death via the DWDA,” said Geller.

Or how about the nephew who worried that his uncle’s untreated depression and lack of financial resources led him to choose doctor-prescribed suicide, or another depressed gentleman with no insurance who — with the not-so-gentle nudging of family members — requested the “death with dignity” option?

Full Article and Source:
Legalized Suicide: What the Numbers Don't Tell Us

Caretaker Charged with Theft

A Deltona woman hired from a Port Orange business by a 95-year-old woman for companionship stole money from her to help a homeless daughter in California, DeLand police said.

Ella Barker, 58, was arrested Monday and charged with exploitation of an elderly person. She left the Volusia County Branch Jail later in the day after posting $1,000 bail.

According to police documents, a sobbing Barker told a DeLand detective she stole checks from the woman because Barker was desperate after learning her daughter was pregnant and homeless in California. She cashed 17 checks amounting to $3,430, police said.

Full Article and Source:
Deltona Caretaker Charged With Exploitation of Elderly

Woman Sentenced for Swindling Her Mother

Marsha Aspelund Truskolaski tearfully apologized Wednesday as she was sentenced for swindling more than $200,000 from her ailing 77-year-old mother.

"I'm very, very sorry," she told Ramsey County District Judge Joanne Smith. "I know what I did was wrong. I can't say that enough.

Truskolaski was given a stay of imposition sentence, meaning that if she successfully completes 10 years of probation, the charges will be reduced to misdemeanors. She was ordered to serve 45 days in the workhouse, on work release or home confinement. She also was ordered to pay $18,000 in restitution and possibly more.

Smith also lifted an order that had prohibited Truskolaski and her children from seeing her mother.

Truskolaski was accused of abusing her power of attorney over her mother's financial affairs between 2004 and 2008 to pay for vacations, jewelry, car loans, private school tuition for her children and expensive home improvements, including an in-ground swimming pool. Her mother was left virtually destitute and now gets government assistance.

Full Article and Source:
North St. Paul Woman Sentenced for Swindling Mom

Efforts to Save Senior Centers Gets Bipartisan Support

Both houses of the state legislature are working to prevent Gov. Andrew Cuomo’s budget proposal to cut senior center funding, a bipartisan effort represented by two longtime lawmakers in south Brooklyn, Democratic Assemblyman Peter Abbate and Republican-Conservative state Sen. Marty Golden.

With 29 senior centers facing shutdown in Brooklyn, Golden, a member of the Senate Aging Committee representing neighborhoods between Bay Ridge and Marine Park, praised a state Senate vote that would keep the $25 million in Title XX funds from being taken away from senior center funding.

“Closing senior centers will be detrimental to the health and well-being of thousands of New Yorkers,” he said. “It is simply not an acceptable way of addressing the fiscal struggles facing our state next year, and we hope the state Assembly joins us in sending a budget recommendation to the governor that also maintain the current level of funding for our senior centers.”

Full Article and Source:
Efforts To Save Senior Centers Gets Bipartisan Support Here

Home Care's Booming and so is Regulation

As the first baby boomers turn 65 this year, entrepreneurs see opportunity. The number of companies providing home health care or services such as assistance in dressing, bathing, and cooking increased by more than 50 percent in the past decade, U.S. Census Bureau data show. Now regulators are scrambling to catch up with the growing industry.

Home-care companies aren't regulated in about two dozen states, and just a handful require licenses for companies that provide nonmedical services. Today the industry faces a hodgepodge of inconsistent rules that advocates say puts vulnerable people at risk of financial exploitation or physical abuse. In states that require licensing, many operators ignore regulations because the costs of complying are high and the risk of getting caught is low, people in the industry say.

Advocates of home care say it is more compassionate and less expensive than nursing home care. More than 45,000 companies offered home health care or other aid in 2008, including 2,800 small outfits that pay franchisers for a brand name, training, and support, researcher Frandata estimates. They're targeting a $55 billion market that will surely grow as the number of Americans 65 and older increases by 79 percent in the next 20 years, to 72 million, according to Census projections.

Full Article and Source;
Home Care's Booming, and so is Regulation

New Hampshire: Court System Could Be Reorganized

About 60 court employees statewide could have their jobs eliminated, reclassified or be demoted on July 1 if the Legislature approves a reorganization that puts district, family division and probate courts under one umbrella.

The proposal would combine the courts into a circuit court with shared management, but would leave all the court locations open, Administrative Judge Edwin Kelley said yesterday. But the reduction of about 60 management positions is expected to save about $1 million a year, Kelley said.

Full Article and Source:
NH-Court System Could be Reorganized

HB2424 Still Needs Changes

The Probate Victims Bill of Rights, House Bill 2424, is designed to use the power of the courts and the incentives of free-market reform to stop abusive behavior in the system.

However, the bill as passed in the House was amended to appease the courts and is now problematic in several areas, actually giving paid fiduciaries even more authority over the ward.

HB 2424 must be amended as it moves forward, reflecting the goals of the Probate Victims Bill of Rights. Oversight is too important to leave solely in the hands of the courts.

The bill, if placed into law, will allow for better-informed consumers and force fiduciaries to compete for business based on price and performance, truly putting the ward's interests first.

Here's what the Probate Victims Bill of Rights includes:

- The ability to replace an individual's guardian, conservator or trustee without cause if it is in the best interest of the ward or protected person.

- The requirement of clear and convincing evidence to determine if an individual needs a conservator.

- A mandate that a conservator produce a monthly accounting of how he or she has spent the ward's funds.

- A requirement, in the case of a ward paying the bill, that the person being paid has primary duty to the ward.

- The creation of a probate-advisory panel, which would give victims of probate-court abuses a venue to voice issues and concerns and to propose additional statutory changes.

Source:
Probate Reform Bill Still Needs Changes

Missouri Lawyer Accused of Stealing More Than $300K From Clients

A Ladue lawyer has been indicted in U.S. District Court in St. Louis on three mail fraud counts and accused of stealing from clients.

Steven P. Gartenberg, 46, who had an office in Brentwood, appeared in court Tuesday and will plead not guilty Wednesday, lawyer Art Margulis said.

Gartenberg's indictment, which was handed down March 17 but unsealed Tuesday, claims Gartenberg took more than $100,000 from the estate of someone who died in 2009. Gartenberg was supposed to send money to the Kirkwood United Methodist Church, the Alzheimer's Association and three individuals but used some of the money for his personal use and use by his law firm.

The indictment also says Gartenberg was appointed guardian of a mentally disabled woman in 2007 and later "made in excess of $200,000 in unapproved withdrawals ... through fraud, embezzlement and theft."

Reached Tuesday, Margulis said, "We'll attempt to cooperate with the government and work our way through this." He said Gartenberg has been disbarred.

Source:
Ladue Lawyer Accused of Stealing More Than $300,000 From Clients

Guardian Appointed for Real-Estate Magnate Michael R. Mastro for Federal Bankruptcy Court

Former state Supreme Court Justice Faith Ireland has been appointed guardian for incapacitated Seattle real-estate magnate Michael R. Mastro in an upcoming trial in federal bankruptcy court.

Mastro, who was forced into what probably is Washington's largest bankruptcy ever in July 2009, suffered severe head injuries in a fall at his Palm Desert, Calif., home last month. The 85-year-old isn't capable of managing his personal or business affairs, his neurologist has stated, and his prognosis is unclear.

Mastro's injury came weeks before the scheduled trial of a lawsuit filed against him by James Rigby, the court-appointed trustee charged with finding and liquidating Mastro's assets and distributing proceeds to his creditors.

In the lawsuit, Rigby contends Mastro, anticipating bankruptcy, schemed to put some assets, including his Medina waterfront mansion, out of most creditors' reach. Mastro has denied the allegations.

As guardian, Ireland will make decisions on Mastro's behalf concerning the lawsuit and provide direction to his lawyers.

The guardian will be paid from Mastro assets not covered by the complex bankruptcy proceeding.

Full Article and Source:
Former Justice Appointed Guardian for Mastro in Upcoming Trial

Seniors a Top Target for Health Care Fraud and Abuse

Instead of fading away over the years, the business of defrauding the government of billions of dollars annually is not only still going strong, but is increasing, according to the most recent report from the Health Care Fraud and Abuse Program.

And Baby-Boomers beware: You're not only at the top on the list for fraud and abuse, but for medical errors as well. Meanwhile, certain parts of health care reform from the government level appear to be more rhetoric than action.

From over-pricing and false claims for medical services, to gross misconduct and mismanaged care of senior citizens in nursing homes, the pharmaceutical industry leads the pack in health care fraud and abuse. It's been that way for decades. That's why the U.S. government has repeatedly enacted new laws – in 1986, 1996, 2009, and 2010 – to crack down on offenders.

The 1986 legislation strengthened a Civil War-era fraud law, the False Claims Act, with incentives for private citizens to report fraud and abuse of government programs by corporate America.

This law enabled "whistleblowers" to expose corporate criminals whose crimes had previously gone undetected. But it didn't stop these crimes, so, in 1996, Congress created another enforcement tool, the Health Care Fraud and Abuse Control (HCFAC) program, which provides for huge fines and prison sentences for health care fraud and abuse.

Full Article and Source:
Seniors a Top Target for Health Care Fraud and Abuse

John Q. Hammons Guardianship CLOSED!

A March 31 court hearing in the John Q. Hammons guardianship case will be closed to the public at Hammons' request.

Probate court clerk Debby Mayes Edgar said Hammons made the request through his court-appointed attorney.

Under Missouri law, the subject of a guardianship case has the right to ask that hearings and documents be closed to public review.

On Friday, Probate Judge Michael Cordonnier closed all court files in the case, saying Hammons' interests outweighed the public's need or right to see the files.

Only court personnel and attorneys involved in the case are allowed to view the documents, according to Cordonnier's order.

The judge did leave the court docket open for review.

Full Article and Source:
Guardianship Hearing Closed to the Public

See Also:
Judge May Restrict Access to John Q. Hammons Guardianship

One Year Anniversary of Elder Justice Act

March 23rd marks the one year anniversary of the Elder Justice Act (the EJA). For the first time, last March, Congress passed a comprehensive federal elder abuse prevention law. This was an important victory for aging advocates, but now a year later, the law is powerless due to a lack of funding.

A year later, vulnerable older adults who should be protected by the law are confronted with the same threats they faced a year ago. This is a sad reality given the increasing severity of elder abuse in this country. According to a recent National Institute of Justice study, almost 11% of people ages 60 and older (5.7 million) faced some form of elder abuse in the past year. A 2009 study estimated that 14.1 percent of non-institutionalized older adults nationwide had experienced some form of elder abuse in the past year. Financial exploitation of older adults is increasingly alarming. A 2009 report by the MetLife Mature Market Institute and the National Committee for the Prevention of Elder Abuse (NCPEA) estimates that seniors lose a minimum of $2.5 billion each year.

Elder abuse, neglect and exploitation is a serious and widespread social justice problem and a major health issue.

Full Article and Source:
One Year Anniversary of the Elder Justice Act

Judge May Restrict Access to John Q. Hammons Guardianship

A lawyer appointed by a Greene County probate judge to represent the interests of John Q. Hammons says the ailing businessman is concerned that a court case could violate his right to privacy.

 
Source:
Judge May Restrict Access to Files, Hearings for John Q. Hammons Guardianship

5 Years in Prison for Stealing Resident's Wedding Ring

A former Slidell nursing home worker who stole the wedding ring off the finger of an incapacitated resident must spend the next five years imprisoned, a St. Tammany Parish judge has decided.

Domenica Thomas, 42, pleaded guilty to charges of simple robbery and theft of assets from an aged person before state Judge Peter Garcia sentenced her Wednesday in Covington.

Simple robbery carries no more than seven years' imprisonment and a possible fine. Depending on the value of what was stolen, theft of assets from an aged person can be punished by both a fine and up to 10 years in prison. Garcia gave Thomas a concurrent five years for each charge.

Thomas has also been accused of stealing from five other residents at the nursing home, and those cases are still pending, said Rick Wood, a spokesman for the parish District Attorney's Office.

Thomas had been an aide at Greenbriar Nursing Home for about nine months before she went into a 71-year-old man's room without permission on Jan. 4 this year. She gave him a glass of water, according to police, and snatched his ring and $10 from him before she left.

Full Article and Source:
Slidell Nursing Home Worker Gets 5 Years' Prison for Stealing Resident's Wedding Ring

Sara Harvey's Continued Fight for Custody of Her Husband

A Chemung County woman is fighting for the custody of her husband, who's in a vegetative state.

Sara Harvey says she's just trying to get her husband, Gary, home where he belongs. "I want my husband home, my husband would want to be home with me, he would not want to be isolated in St. Joseph's Hospital or anywhere."



Full Article, Video, and Source:
Fighting for Her Husband's Custody

TN Judge Responds to Attorneys' Complaints

Local attorneys Hank Hill and Ben McGowan have filed separate complaints against Hamilton County General Sessions Judge Bob Moon with the Tennessee Court of the Judiciary. The complaints allege Moon has violated defendants’ constitutional rights and stepped outside his role as judge and into law enforcement from the bench.

One complaint alleges that in 2010 Moon amended a traffic charge charge to a drug possession charge in his court after the defendant failed a drug test, according to documents obtained by the Times Free Press.

The other complaint, filed by local attorney Ben McGowan, alleges that in 2008 Moon jailed two prosecution witnesses during a hearing when he said their testimony revealed the pair had violated terms of their judicial diversion on unrelated shoplifting charges.

Moon said today the complaints are a difference of opinion on law and the alleged actions do not violate judicial ethics.

Full Article and Source:
Local Judge Responds to Attorneys' Complaints

Unfit to be a Lawyer, Yet Allowed to be a Guardian

The case of Terri Ann Hauge, charged with bilking 10 vulnerable adults, shows the flaws in selecting and monitoring conservators.

Terri Ann Hauge's career as a lawyer came to an abrupt end in 1995 when state officials suspended her license for mishandling cases and lying to her clients.

But that didn't end Hauge's work in the courthouse. In a professional comeback that raises questions about how the state oversees court-appointed caretakers, Hauge and her business partner went on to amass the state's fourth-largest portfolio of work as guardians and conservators.

Though Hauge never sought reinstatement as a lawyer, she and her company, Estate Resources, were given control over the lives and finances of more than 200 vulnerable adults, despite complaints of neglect and mismanagement that go back as far as 2000, court records show.

Late last year, Hauge was charged with stealing $68,000 from 10 vulnerable adults in Rice County while ignoring their needs. One mentally ill man, investigators said, was living in squalor when he was rescued.

Full Article and Source:
Unfit to be a Lawyer, Yet a Guardian for 200

CA Lawmakers Push for Elder Abuse Reforms

Citing the difficulty in prosecuting elder abuse, state and local officials are proposing reforms that will streamline the reporting of cases and make it easier to obtain convictions.

Assemblywoman Mariko Yamada, D-Davis, recently introduced AB 40, which would require mandated reporters to inform both an ombudsman and local law enforcement when they suspect abuse. Currently, mandated reporters – which include employees at nursing homes and social, health, and law enforcement workers – are only required to report cases to one of the two agencies.

Another bill, SB 558, introduced in February by Sen. Joe Simitian, D-Palo Alto, would change the burden of proof in elder abuse cases, which are often prosecuted as civil cases, not criminal ones. The bill lowers the burden of proof from "clear and convincing evidence" to a "preponderance of evidence."

The elder abuse issue gained momentum last month, when law enforcement, state agencies, elder advocates and nursing home operators testified at an assembly hearing in Sacramento. Led by Yamada and Tom Ammiano, D-San Francisco, the hearing was meant to shed light on California's shortcomings in dealing with elder abuse and make the case for bills such as AB 40.

Of the more than 1,400 elder abuse complaints that the state ombudsman office received last year, only 56 cases were reported to the state attorney general's office, said Mark Zahner of the Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse.

Full Article and Source:
Lawmakers Push for Elder Abuse Reforms

A Close Call for Stroke Victim

A Rwandan immigrant woman and survivor of the horrors of the 1994 genocide who had her feeding tube removed because a U.S. Catholic-affiliated hospital deemed her care too expensive, apparently will not die of starvation and dehydration thanks to a court order and the efforts of her children.

Rachel Nyirahabiyambere, a 58-year-old grandmother and refugee from war-torn Rwanda, had been denied food and water since Feb. 19 after her feeding tube was removed by order of her court-appointed guardian. But 21 days later, Rachel is still alive, and now Judge Nolan Dawkins has ordered Rachel’s feeding tube reinserted at the request of her family’s new legal counsel.

Casey Mattox, Legal Counsel with the Alliance Defense Fund, won a temporary injunction preventing Rachel’s legal guardian Andrea Sloan from control over Rachel’s food and fluids, and even her remains in the event of her passing. A copy of Dawkin’s order obtained by LifeSiteNews.com requires Sloan to have Rachel’s feeding tube immediately reinstated by her heath care providers “unless and until there is a further order from this court.”

“Innocent life deserves to be protected. ADF is pleased that the court agreed to put the brakes on this rush to intentionally starve a defenseless woman to death,” said Mattox. “It’s a simple decision to respect the family’s wishes and protect the life of this Rwandan genocide survivor.”

Rachel was without insurance when she suffered a severely disabling stroke. She was cared for by Georgetown University Hospital without remuneration for eight months, until the hospital convinced a court in December to remove guardianship from the family to a lawyer recommended by the hospital’s attorney.

Andrea Sloan took over as Rachel’s guardian, and removed Rachel to a nursing home in Millersville, Maryland. The Times reported that the hospital then offered to pay for Rachel’s nursing home care, but had never extended this offer to Rachel’s family before Sloan took over as guardian.

At that point Sloan decided to remove Rachel’s feeding tube on the basis that Rachel was consuming too many health care resources to stay alive.

She explained her reasoning for having the feeding tube removed to the Times in an e-mail: “Generically speaking, what gives any one family or person the right to control so many scarce health care resources in a situation where the prognosis is poor, and to the detriment of others who may actually benefit from them?”

Full Article and Source:
Feeding Tube Restored to Immigrant Woman Unable to Pay Jesuit Hosptial

See Also:
Family Forced to Watch Mom Dehydrated to Death

Assisted Living Advocate Calls for More Public Funding, Less Federal Regulation of the Industry

The issues facing Medicaid coverage in assisted living are fundamentally economic, not regulatory, according to at least one participant in Tuesday's roundtable discussion on assisted living held by the Senate Special Committee on Aging.

“Sub-market payment rates, lack of payment for room and board, and restrictive state policies are the root causes of limited options for low-income seniors in many states,” according to Howie Groff, president of Tealwood Care Centers and immediate past chair of the National Center for Assisted Living. “It is imperative for policymakers to consider ways to expand the availability of affordable assisted living and to help states cover the funding gaps that currently exist.”

Speaking on behalf of NCAL, Groff recommended to the roundtable that the Department of Housing and Urban Development create vouchers to cover the room and board portion of assisted living, and that more public financing be made available to build affordable assisted living projects. He also expressed NCAL's support of continued assisted living regulation at the state level, arguing that state regulations are more easily adaptable to the changing needs of assisted living residents.

Groff also cautioned the group against excluding assisted living facilities from the Medicaid program. Such a move could reduce care options and discriminate against those with Alzheimer's disease or dementia, he said.

Full Article and Source;
Assisted Living Advocate Calls for More Public Financing, Less Federal Regulation of Industry

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) Now the Law in 23 States

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) has now been enacted in 23 states nationwide. The UAGPPJA was drafted and approved by the Uniform Law Commission (ULC) in 2007.

The Uniform Act addresses the issue of jurisdiction over adult guardianships, conservatorships, and other protective proceedings. Under the Act, a “guardian” is appointed to make decisions regarding the person of an incapacitated adult, and a “conservator” is appointed to manage the property.

The objective of the Uniform Act is simple: to ensure that only one state has jurisdiction at any one time. To that end, the Act contains specific guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult. The Act does this by prioritizing the states which might claim jurisdiction. The state with primary jurisdiction is the “home state,” defined as the state in which the adult has lived for at least six consecutive months immediately before the beginning of the adult guardianship or protective proceeding.

The second is the “significant-connection state,” which is broadly defined to include the location of the individual’s family, a state where the individual might have lived for many years, or the state where the individual’s property is located.

If the home state and all significant-connection states decline jurisdiction, or if the individual has no home state or significant-connection state, then another state may claim jurisdiction. The Act provides that once a court has jurisdiction, this jurisdiction continues until the proceeding is terminated or transferred.

The Act provides comprehensive procedures for transferring guardianship or conservatorship proceedings from one state to another. The Act also includes provisions for the enforcement of guardianship and protective orders in other states.

The UAGPPJA has now been enacted in: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Idaho, Illinois, Iowa, Maryland, Minnesota, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Washington, and West Virginia.

Source:
Uniform Adult Guardianship Act Now the Law in 23 States

Iowa: Fund Won't Reimburse Some Who are Bilked by Lawyers

Attorneys in Iowa set up a fund 35 years ago to reimburse clients who were wronged by dishonest lawyers. But the commission hasn't necessarily paid up if the dishonesty took place when an attorney was suspended.

The commission is now weighing whether it should.

The hesitation by Iowa's Client Security Commission seems counterintuitive to Randall Archer, a businessman bilked out of $33,500 by his Des Moines attorney, Kristine Corcoran Frye.

Archer said he relied on Frye for years to close sales on a number of properties he purchased. But on their last deal together, the attorney kept the money he gave her to put in a trust account for the closing.

In 2010, Archer filed a claim with Iowa's Client Security Fund to try to recover some of the money he lost. But the commission that controls the fund, established by the Iowa Bar Association and overseen by Iowa's Supreme Court, decided to table a decision on paying any claim.

The hang-up: Frye's license was suspended at the time she took his money.

Full Article and Source:
Fund Won't Reimburse Some Who are Bilked by Lawyers

Attorneys Ask to Close Hammons Guardianship to Public

Attorneys in the guardianship case of an elderly hotel magnate in southwest Missouri have asked that the case be closed to the public.

Friends of John Q. Hammons, 92, filed a petitoin in Greene County Circuit Court last year asking probate officials to appoint a legal guardian to oversee Hammons' care. Hammons, a prominent developer, now lives in a Springfield nursing home.

The case was reassigned to Probate Judge Michael Cordonnier on Monday. He likely will decide whether to close it.

The Springfield News-Leader reports that closing the case would allow only court personnel and attorneys access to the case files. The motion to close the case notes that information about Hammons' medical condition, medical records, business affairs and personal relationships would likely find its way into the file.

Source:
Attorneys Try to Close Hammons Guardianship Case

See Also:
Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

Media Hires Attorney to Argue to Keep John Q. Hammons Guardianship Public

The Springfield News-Leader and KY3 have hired a media attorney to argue why the John Q. Hammons guardianship case should remain open to the public.

A hearing has been set for 10 a.m. Friday in Probate Judge Michael Cordonnier's third-floor courtroom.

Jean Maneke, an expert on First Amendment cases who also provides legal advice on behalf of the Missouri Press Association, will represent both media companies.

Full Article and Source:
News-Leader KY3 Hire Attorney to Keep Hammons Case in Public Eye

The People's Bill vs. The Status Quo

HB2424 MUST MOVE FORWARD

Hours of public testimony, countless calls and emails, and multiple visits to the offices of legislators by citizens fighting for reform allowed HB2424 to become a hope.

When the deep-pockets of those who stand to profit from the status quo did their very best to kill this bill...it was the voice of the people that kept it alive!

NOW WE MUST SPEAK OUT AGAIN

It is time for the abuse and exploitation in the name of justice to end...

HB2424 IS GOING TO A FULL VOTE OF THE ARIZONA HOUSE OF REPRESENTATIVES

CALL TODAY AND TELL THE HOUSE TO VOTE YES ON HB2424

Source and Contact List to Email or Call:
The People's Bill vs. The Status Quo

Colorado 2011 Rocky Mountain Conference on Aging Scheduled

Elder Financial Exploitation is the theme for the 2011 Rocky Mountain Conference on Aging Thursday, April 21 at The Ranch near Loveland.

The conference is for anyone who comes in contact with older adults and may have concerns whether the individual is a victim of some type of abuse or exploitation. Conference attendees might be care providers, senior center personnel, doctors, bankers or even close friends.

While we hear of entities outside the family or close friends exploiting vulnerable individuals, unfortunately statistics show it more commonly occurs from within the close circle of family or friends. Conference attendees will explore the challenges and complexities of financial exploitation, learn to recognize warning signs, and acquire tools for investigation and prevention.

Peggy Tracy from Illinois will open the conference presenting "Elder Victimization: When Trusted Individuals Become Trust Violators". Tracy is a certified financial planner with extensive training in fraud criminology related to finances of older adults. She has appeared in an expert capacity on many radio and television programs.

Four breakout sessions are available: Outsmarting Investment Fraud; Communicating in Sensitive Situations; Using Internet to Investigate Financial Fraud; and Understanding the Emotional Toll of Financial Abuse on Older Adults. Following lunch a panel representing social services adult protection, medical, legal, and financial entities will address the role they play when a case of financial exploitation is suspected as well as the challenges and limitation they face.

Full Article and Source:
Confrerence on Aging Topic Elder Financial Exploitation

Ohio Man Accused of Illegally Altering Client's Will has Arraignment Postponed

AMentor man accused of illegally altering a dying woman's will was supposed to appear Monday in Cuyahoga County Court of Common Pleas.

Instead, William Dilley's arraignment was postponed until March 14 at his request, according to the court docket.

Dilley, 66, is charged with theft, tampering with records and perjury.

He was the financial adviser of Betty Montgomery, who lived in the Stratford Commons nursing home in Glenwillow.

Montgomery had no family and planned to divide her considerable estate between three friends, Save-A-Pet and the Holy Cancer Family Home.

However, Dilley altered her will and coerced her into signing it, so he would be the sole heir of her $750,000 estate, prosecutors said.

Full Article and Source:
Mentor Man Accused of Illegally Altering Client's Will Has Arraignment Postponed

NASGA Press Release

PRESS RELEASE
For immediate release

March 14, 2011
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
_________________________________________________________

NASGA Releases its Second Open Letter to Congress and the White House
_________________________________________________________

NASGA continues its mission to reform unlawful and abusive guardianships and conservatorships with the release of its second “Open Letter to Congress and the White House,” mailed to approximately 300 members of Congress, including every member of the Senate Special Committee on Aging.

In its previous white paper, NASGA warned that unlawful and abusive guardianships can be dangerous to the health and are dangerous to the wealth of all Americans. The focus of NASGA’s second white paper is the growing threat of fraudulent and/or unlawful non emergency “emergency” hearings leading to “temporary” guardianships and conservatorships – without prior notice to the prospective “ward” of the state – whose assets are seized, leaving respondent without means of hiring counsel to defend.

Wards' families aren’t the only victims affected by these fraudulent proceedings. In the end, after the fiduciaries have bled the once-ample estates dry, they withdraw from the case and move on, thrusting their wards onto the taxpayer’s backs via Medicaid. With the growing Medicaid crisis, it is of paramount importance that the unlawful aspects be addressed and resolved without further delay.

NASGA continues to advocate for federal intervention to bring about swift and meaningful reform in all “protective” proceedings.

Read "An Open Letter to Congress and the White House-2"

Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

Lt. Gov. Peter Kinder said that he encouraged friends of John Q. Hammons to file a guardianship petition in Greene County probate court to resolve lingering concerns he had about the hotel magnate’s treatment.

Kinder also said he felt he was being “stonewalled” by Hammons business associates in the fall, when he investigated complaints that Hammons was being blocked from seeing his longtime friends.

“It’s now properly before the court,” Kinder said, referring to the petition filed Friday in Greene County Probate Court.

“I’m delighted to see the involvement of the public administrator as a possible guardian in this case, which is what a public administrator is supposed to do.”

Full Article and Source:
Lt. Gov Says He's Still Concerned About John Q. Hammons

Court-Appointed Attorney Soon to be Involved in Hammons Case

An independent court-appointed attorney will soon talk to John Q. Hammons to assess his well-being and mental status, according to a local attorney familiar with guardianship cases.

If the case follows a typical path, the court appointed attorney, would then file a report with Greene County Probate Commissioner Carol Aiken, who decides whether a guardian should be appointed to handle Hammons’ personal - though not financial - affairs.

Attorney Elise Barker, who specializes in juvenile and adult guardianship cases in Springfield, said an independent attorney is always appointed by the courts when guardianship is an issue.

The action was triggered by a guardianship petition filed Friday by a group of Hammons’ friends.

They say the renowned Springfield hotelier is being prevented from seeing his friends by Jacqueline Dowdy, a longtime associate of Hammons who took over management of Hammons’ company last year.

Dowdy has said Hammons gave her durable power of attorney and medical power of attorney to handle his personal and medical decisions.

Barker said the court appointed attorney, Evelyn Mangan, would meet with Hammons “to talk about the guardianship petition and to see how Mr. Hammons feels about it.”

Full Article and Source:
Court-Appointed Attorney Likely to Check on John Q. Hammons

See Also:
Eight Petition for Guardianship for John Q. Hammons

Elderly Lady Fights Off Jewel Shop Robbers

Source:
YouTube

Court-Ordered Hysterectomy Put on Hold

When and under what circumstances does a judge have the right to order medical treatment for an adult who doesn’t want it?

Courts in Montana are currently wrestling with the question in a case with a highly unusual set of facts.

A trial-court judge in Missoula ordered a woman to undergo a radical hysterectomy last Thursday in order to treat her cervical cancer. The woman, identified only by her initials, L.K., appealed the order, arguing she is a deeply religious woman who wants children and shouldn’t be made to submit to a radical hysterectomy.

On Monday, the Montana Supreme Court delayed the lower-court’s order to give time to allow the woman to file an appeal.

The backstory goes like this: Last September, after L.K.’s cancer diagnosis, a doctor sent a letter to the Missoula County attorney’s office expressing concerns that L.K. might not be able to make medical decisions on her own. A petition to appoint a temporary medical guardian was filed in November. On Feb. 11, the temporary medical guardian signed a consent form for L.K. to have the radical hysterectomy.

L.K. testified that she did understand she had been diagnosed with cancer and did understand the risks of dying without treatment. Her attorney argued that what the state characterized as delusions are actually L.K.’s deeply held religious beliefs.

Full Article and Source:
Court-Ordered Hysterectomy Put on Hold for Now

Attorney Paul Housch and the Robert Thurman Conservatorship

According to sources, our investigation and posting of the Robert Thurman case has created some activity. Guardian ad Litem, David J. Callahan, III, has a motion before the court to examine the fees billed to Robert Thurman by Paul T. Housch and John Clemmons. Duh! Considering they have billed Thurman in excess of a $$$Million dollars in attorneys fees. The outrageous activity in this case BY THE LAWYERS and JUDGE KENNEDY is stupifying. Please refer to previous posts on the Robert Thurman case.

The unfortunate thing is, Callahan’s request will be heard in Kennedy’s court.

Full Article and Source:
Paul Housch and the Robert Thurman Conservatorship

Read "Report of Guardian Ad Litem Regarding Fee Requests of Paul T. Housch and John E. Clemmons

Hearing Planned for Jerry Eckwood Conservatorship Battle

Former NFL running back Jerry Eckwood, 56, appeared last week in Davidson County probate court to deny accusations that he requires a conservator to manage his finances and help care for himself. Judge Randy Kennedy said a one-day hearing to get testimony from Eckwood's friends, family, caregivers and temporary conservator is necessary.

The Brinkley, Ark., native suffered multiple concussions during his career, which the NFL believes caused the dementia he was diagnosed with last year. He also suffers from a pre-existing mental illness, his daughter in Brentwood, Jerval Watson, said in court records.

Worries about Eckwood surfaced after a representative from the NFL Player Care Foundation came to Tennessee last year to see Eckwood. The foundation helps former players get benefits. After the visits, the foundation asked the court to appoint a conservator, which he has resisted. Eckwood lives in an assisted-living facility in Franklin.

In the next couple weeks, a hearing date will be set for Kennedy to hear testimony. It probably will be within the next few months.

Full Article and Source:
Hearing Plannd for Former NFL Player in Conservatorship Case

See Also:
Jerry Eckwood, Another Contested Conservatorship

A Better Bank Account

In a recent post about the sometimes contentious issue of protecting seniors who are losing the ability to manage their finances, I wrote about a daughter who was able to intervene in her mother’s financial exploitation because she was a co-signer on her bank accounts.

That’s typically a first step taken when, or before, family members suspect problems. “The joint bank account is everybody’s default estate-planning tool, because it’s widely known and commonly used,” Charles Sabatino, a lawyer who is director of the American Bar Association’s Commission on Law and Aging, told me in an interview. “But it’s less than ideal.”

A better alternative, he suggested, is the little-known multiple-party account without right of survivorship, which banks sometimes call a “convenience account.”

“If you intend another person to help you with bill paying and so forth, that person has the authority to access the account, to make deposits and withdrawals,” Mr. Sabatino explained. But this kind of account legally obliges the helper to act as the older person’s agent, serving his or her interest. “They can’t use the money for their own benefit, and creditors of the other party can’t lay claim to it,” he said.

Plus, with no right of survivorship, any money in the account at the older person’s death becomes part of his or her estate, to be divided in accordance with a will or the law. “It’s safer and will avoid conflict among heirs,” Mr. Sabatino said.

Full Article and Source:
A Better Bank Account

Elderly Woman Defrauded of Her Life Savings

A Granville County couple has been found guilty in an insurance fraud scheme to steal an elderly woman's life savings.

Creedmoor Police say the elderly victim tried to purchase a money order from her bank on Jan. 7, 2010, but was told she didn’t have enough in her savings account. Bank officials told her that Aaron Pittman, 56, of Louisburg, was a joint holder on her account.

However the victim said she only knew Pittman as a preacher and insurance salesman who knocked on her door five years prior.

The victim said she thought she was purchasing a life insurance policy from Pittman, but instead signed an annuity contract. Pittman gained access to the victim's savings and transferred $50,000 to the annuity, then changed the beneficiary and ownership to his wife, Mildred Dew, 58 of Nashville.

Full Article and Source:
Elderly Woman Defrauded of Her Life Savings

Eight Petition for Guardianship for John Q. Hammons

As KOLR/KSFX first reported Friday, eight people have come forward regarding the care of John Q. Hammons.

They're petitioning for the courts to intervene and put all health decisions into the care of a Greene County worker.

The petition calls out Jacquie Dowdy, Hammons' longtime employee and current CEO of John Q. Hammons Hotels. She's currently in charge of directing Hammons' healthcare.

The petitioners accuse Dowdy of keeping Hammons in involuntary seclusion in Springfield. It's a treatment his friends say needs to be evaluated.

The future of Hammons' health care will go through a probate courtroom. the judge's main charge: to find out if the 92-year-old is incapacitated.

"If they lack the capacity to be able to make good, informed, safe decisions for themselves, then we get appointed as guardian," says Christian County Public Administrator Ken Davis.

Davis says a public administrator's only interest is the well being of a person, which for Hammons, will be heard on March 22nd.

The petition does not deal with Hammons' finances or his company's finances -- only his healthcare.

Full Article and Source:
Hammons Update: The Ends and Outs of Guardianship

See Also:
Friends of John Q. Hammons File Petition for Guardianship

Hammonds' Friends Seek Answers on Eve of his 92nd Birthday

Read the Petition for Guardianship

Senate Aging Panel Blows Whistle on Overdrugging Dementia Patients

Pharmaceutical companies view the elderly as a lucrative market. However a panel of experts at the recent Senate Aging Committee forum decided to speak up. Over-medication occurs far too often in those diagnosed with dementia, the panel warned, and as baby boomers age the problem will only worsen.

One reason overmedication occurs, per this panel, is family members, caregivers, and nursing home workers often misinterpret patients' complaints about physical ailments as unruly or aggressive conduct. To manage their behavior, such patients are administered antipsychotics they don't need.

About five million patients are currently diagnosed with Alzheimer's and other forms of dementia. "Those in this field have a feeling we're headed in a very fast train toward the end of a cliff," stated Patricia Grady, PhD, director of the National Institute of Nursing Research.

Director of California Advocates for Nursing Home Reform, Patricia McGinnis, demanded nursing homes be held "accountable" for the drugs they administer. "The way anti-psychotic drugs are used in nursing homes is a form of elder abuse," she told the forum. "Instead of providing individualized care, many homes indiscriminately use these drugs to sedate and subdue residents."

Full Article and Source:
Senate Aging Panel Blows Whistle on Overdrugging Dementia Patients

Mother Joins Daughter in Jail for Stealing From Grandmother

The mother of a Pottstown-area convicted thief is about to join her daughter in jail after she too admitted to stealing from the same woman, an elderly Towamencin relative.

Sharon Speidel, 66, of Vineland, N.J., was sentenced in Montgomery County Court to three-to-12-months in the county jail, to be followed by six years’ probation, after she pleaded guilty to a felony charge of theft by failure to make required disposition of funds received in connection with using her 91-year-old mother’s credit cards to rack up $47,680 in fraudulent purchases while her mother was living at the Dock Woods Retirement Community in Towamencin between 2007 and 2009.

Judge Joseph A. Smyth ordered Speidel to report to jail April 1 to begin serving the sentence. Speidel, who is currently looking for a job to help pay restitution, is eligible for the jail’s work release program during her incarceration.

“It’s not simply about money. It’s about a violation of trust,” said Crocker, indicating the 91-year-old victim, who recently passed away, was a mother of 10 and grandmother of 26 who saved her money so she could live comfortably in a retirement community and not be a financial burden to her children.

“She was very family oriented and was a great mother. At the moment when the victim actually became dependent, and the roles reversed, that’s when the defendant took advantage,” Crocker added.

Full Article and Source:
Mother Joins Daughter in Jail for Stealing From Grandmother

Disney Grandson at Forefront of Arizona Reform

Forty-year-old Brad Lund is in the middle of a probate court battle in Maricopa County fighting against family members who are trying to take control of his life and money.

“We're fighting back, said Sherry Lund, Brad’s stepmother. “We're fighting for our son's rights.”

Brad's parents, Sherry and Bill Lund are fighting relatives who are trying to declare Brad "incapacitated" and take control of his money.

And Brad has a lot of it. He's the grandson of Walt Disney.

“I'm angry. Our lives have been devastated. The stress has been immense,” Sherry said.

The Lunds hired several attorneys to help Brad keep his money and continue living on his own.

One of those attorneys is Joel Sannes.

In November 2010, Sannes found himself at the center of a probate court controversy.

A judge ordered Sannes arrested for contempt of court because Sannes refused to answer a judge's questions about who the attorneys were that coordinated with him on one of their motions.

Sannes said that information fell under the attorney-client privilege.

A sheriff's deputy handcuffed him and took him to a holding cell.

“I've never been subject to any proceeding like this before. It was highly unusual,” Sannes said.

Brad has spent about a million dollars trying to stay out of probate court.

In addition to attorneys such as Joel Sannes, his family hired former state legislator turned lobbyist, Laura Knaperek, to try and change state law.

“It just appears that the court is a rubber stamp, that there really is no accountability there, and that they aren't holding folks accountable,” Knaperek said.

Knaperek's goal is to stop what she calls, "rampant financial exploitation and abuse" of vulnerable adults.

“They're taking all their money and they're left with nothing in their estates and the state then has to take care of these folks,” said Knaperek. “The reality is that the probate court is not doing its job.”

Full Article, Video, and Source:
Disney Grandson at Forefront of Arizona Reform

See Also:
Testimony Against HB2424

Testimony in Favor of HB2424

Arizona: SB1499 vs. HB2424

State lawmakers are weighing competing proposals that would reform Arizona's Probate Courts, and at least one stark choice confronts them: whether to create ongoing oversight of judges by the Legislature.

Both bills promise to change the way Probate Courts conduct business and rein in sometimes enormous fees charged by lawyers and private fiduciaries appointed to manage the care and finances of incapacitated adults.

Senate Bill 1499, supported by judges, fiduciaries and their lawyers, would impose new rules that would require fiduciaries to submit budgets, create fee guidelines, and require that services and costs benefit vulnerable adults under the court's protection.

It would leave all oversight of probate with the Arizona Supreme Court and individual judges. Judges have been criticized in recent years for allowing costs in cases to spiral out of control.

House Bill 2424, championed by a group of activists who say they were victimized by the system, would impose sharper mandates, including establishing limits on legal and fiduciary fees, requiring fiduciaries to provide a monthly accounting and subjecting judges to civil penalties for failing to protect a ward's rights.

It would create a legislative-review panel that takes citizen complaints and makes an annual report to the governor and other state officials. The panel would not have power to enact changes except to set minimum training standards for probate judges.

Some judges and lawyers worry the approach would politicize the judicial process. They also contend the bill was written partly to help heirs of Walt Disney who are embroiled in a bitter Probate Court battle.

Among supporters of the Senate bill are Supreme Court Chief Justice Rebecca White Berch and Maricopa County presiding Judge Norman Davis.

Supporters of the competing House bill, which is sponsored by Rep. David Burnell Smith, D-Carefree, say it is the one that achieves real reform.

"Our bill works from the bottom up. Theirs is top down . . . and would keep total control in the court," said Laura Knaperek, a former state representative and co-author of the bill. "Our bill helps real people, and it fixes the problems in the court."

Full Article and Source:
Competing Arizona Bills Target Probate Court

More Than 90% of Nursing Facilities Employ Workers With Criminal Record

More than 90 percent of nursing homes employ one or more people who have been convicted of at least one crime, federal investigators said Wednesday in a new report. In addition, they said, 5 percent of all nursing home employees have at least one criminal conviction.

The report was issued by Daniel R. Levinson, inspector general of the Department of Health and Human Services, who obtained the names of more than 35,000 nursing home employees and then checked with the Federal Bureau of Investigation to see if they had criminal records.

“Our analysis of F.B.I. criminal history records revealed that 92 percent of nursing facilities employed at least one individual with at least one criminal conviction,” Mr. Levinson said. “Nearly half of nursing facilities employed five or more individuals with at least one conviction. For example, a nursing facility with a total of 164 employees had 34 employees with at least one conviction each.”

Full Article and Source:
Study Finds Criminal Pasts of Nursing Home Workers

Download Report (OEI-07-09-00110)

KY: Two Bills to Protect Elderly Pass General Assembly

Two measures aimed at protecting elderly and vulnerable adults won final approval Friday from the General Assembly.

But with only three days left in the current legislative session, a bill to create a registry of people who abuse adults — a priority for advocates for the elderly and disabled — remains stalled in the Senate.

House Bill 101, to create a registry similar to the one the state maintains for child abusers, is still before the Senate Judiciary Committee. And Sen. Tom Jensen, the London Republican who is chairman of the committee, said he isn’t sure whether it will pass this session.

He said Senate leaders are still trying to determine which bills to pass in the remaining time available.

Advocates argue that an adult registry would better protect those who, because of age or disability, are especially vulnerable to abuse and exploitation by caregivers. Even though the session is nearly over, they are still working on behalf of HB 101.

Full Article and Source:
Two Bills to Prevent Elderly Abuse Get Final OK

See Also:
KY: Bills to Curb Nursing Home Abuse Faltering

Medical Exam Ordered for Ailing Singer Etta James

A Southern Californial judge has ordered an independent medical evaluation of ailing Etta James after her son's attorney contended that the "At Last" blues singer could be in "very serious danger" under the care of a live-in doctor.

The 72-year-old James suffers from dementia, leukemia, kidney problems and other ailments. Her son's attorney, James E. Deering Jr., said at a court hearing that Dr. Elaine James, who is not related to the singer, put feeding tubes into James' stomach at home - a procedure that should have been performed in a hospital, the Riverside Press-Enterprise reported.

A report by a confidential investigator that was released to attorneys Thursday raises "significant questions" about whether Etta James is receiving proper medical treatment in her home in the Woodcrest area of Riverside County. Superior Court Judge Thomas Cahraman ordered a court-appointed attorney representing the singer's interests to arrange for independent pysicians to examine the singer and review her medical charts.

Full Article and Source:
Medical Exam ordered for Ailing Singer Etta James

GAO Report Finds Elder Abuse on the Rise

A rising number of elder abuse cases threatens to overwhelm inadequately staffed adult protective service agencies in many states, according to a report released on Wednesday [3/2/11]by the federal Government Accountability Office.

At a hearing of the Senate Special Committee on Aging, Kay Brown, director of education, work force and income security at the accountability office, testified that state agencies also were seeing increasingly complex cases involving multiple types of abuse. Yet funding for state-level adult protective services agencies — which Kathleen Quinn, executive director of the National Adult Protective Services Association, described as the “boots on the ground in the fight against elder abuse” — is not keeping pace.

In the report’s survey, 25 of the 39 responding states reported that total funding for adult protective services over the past five years decreased or remained the same. As a result, staffing and training have suffered at state agencies handling elder abuse cases, she said.

“If you want to work at Starbucks, you have to go through 40 hours of training before you make your first latte,” Ms. Quinn told members of the Senate Special Committee on Aging. “But we will send an A.P.S. person out in some jurisdictions — because they have no money — right out of college, and hope they learn on the job.”

Ms. Quinn and other witnesses called for more federal leadership and coordinated efforts to help stem elder abuse.

Full Article and Source:
The New York Times - The New Old Age

Probate Loss Might Change Colorado Law

Matthew Keenan lost an emotional legal battle with the bank he decided to dismiss as the court-appointed conservator of his estate. But he might change Colorado law.

Last week, the state appeals court upheld a ruling that Colorado State Bank and Trust reasonably contested the efforts of Keenan, a man who recovered from a catastrophic brain injury, to terminate the bank as his conservator.

But the judges left open the question of whether the bank can collect $217,466 from Keenan for the costs of fighting his bid for independence.

In the wake of his case, pending legislation would not allow Colorado guardians and conservators to "oppose or interfere" with petitions to oust them.

Keenan, a 46-year-old man who awoke from a coma 10 years ago and regained the use of his body and brain, contended Colorado State Bank and Trust had an inherent conflict of interest when it used his money in a fight to retain control of his assets.

But the appeals court judges held that under Colorado law, "opposition to the protected person does not necessarily breach the conservator's fiduciary duty."

They rejected a Boulder court decision to award the bank all of its legal expenses and costs from Keenan's trust funds, however, and ordered the court to review what compensation would be fair.

Spencer Crona, an attorney for the bank, called the court decision well-reasoned and extensively analyzed.

Chester "Skip" Morgan, Keenan's attorney, was shocked at first. "I was kind of sleepless and upset for two days after I read the opinion," he said. "I couldn't believe it."

But he praised the appeals court for vacating the award of legal fees, as well as legislation forbidding guardians and conservators to oppose petitions to terminate their services.

Keenan agreed.

"We may have lost this battle," he said, "but we have won the war by assuring that this kind of treatment never will happen again."

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One Man's Probate Court Loss Might Change Colorado Law

Police Probe Death of State Psychiatric Patient in Florida

Melinda Jakobowski lived most of her 24 years in state psychiatric centers in Connecticut, where she fluctuated from being able to spend some weekends with family members to being so suicidal that she needed two attendants watching her constantly on rotating shifts around the clock.

Late last year, she was transferred from Connecticut Valley Hospital in Middletown to the Florida Institute for Neurologic Rehabilitation in Wauchula, Fla. She joined a small group of Connecticut adult psychiatric patients — 27 out of 60,000 inpatients and outpatients — placed in out-of-state facilities. Officials said that these are patients who pose an imminent danger to themselves or others and are not responding to treatment here. Connecticut pays for their care in the outside treatment centers.

In less then six months, Jakobowski was dead.

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Police Probe Death of State Psychiatric Patient in Florida

Malcom X's Daughter Charged With Stealing, Identity Theft

The daughter of slain African-American activist Malcolm X has been charged with defrauding the 70-year-old widow of one of her father's bodyguards, prosecutors said.

Malikah Shabazz -- who has been wanted in New York since 2009 -- was arrested Friday in Mars Hills, North Carolina, for allegedly stealing more than $55,000 from New York resident Khaula Bakr between August 2006 and November 2007, according to a district attorney statement in New York.

She faces charges of third-degree grand larceny, third-degree criminal possession of stolen property, second-degree forgery, first-degree identity theft and first-degree falsifying business records, among other charges.

"The defendant is accused of stealing not only a substantial amount of money from a once-close family friend but her personal identity, as well," Queens District Attorney Richard A. Brown said in a written statement. "The alleged theft represents a shameful betrayal of the friendship that existed between the two families."

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Malcom X Daughter Charged With Stealing, Identity Theft