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."

Full Article and Source:
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.

Full Article and Source:
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."

Full Article and Source:
Malcom X Daughter Charged With Stealing, Identity Theft

Mickey Rooney, the Champion!

Trapped, scared, used, and frustrated. That's how Mickey Rooney felt after being taken advantage of by a meddlesome family member, the 90-year-old film and television star told Congress on Wednesday.

Rooney was testifying before a special Senate committee that is considering legislation to curb abuses of senior citizens.

"Above all," Rooney said of being a victim of elder abuse, "when a man feels helpless, it's terrible."

And the problem is a lot more common than many people realize.

Full Article and Source:
Mickey Rooney: Elder Abuse Made Me Feel Trapped and Scared

Former Lawyer Sentenced to Prison

Before he sentenced Joe T. Buerkle to prison, Missouri appeals court Judge Gary D. Witt called the former local lawyer's actions reprehensible.

Buerkle, a former Cape Girardeau and Jackson lawyer who stole $325,000 from a client's trust fund, was sentenced to serve seven years in prison, but not before pleading to be assigned probation and allowed the opportunity find employment and begin paying restitution.

The state, represented by Dunklin County Prosecuting Attorney Stephen Sokoloff, and Stephen Wilson, Buerkle's attorney, both acknowledged that Buerkle has paid $54,000 in restitution and has a $30,000 cash bond that could also be used.

"With God's help I can do this, but I have to have a record I can walk into a potential employer with," Buerkle told the judge at the Common Pleas Courthouse in Cape Girardeau. "I'm ashamed to be here. As a prosecuting attorney, a city attorney and a practicing attorney, I held the crime I'm charged with as one of the worst."

Full Article and Source:
Former Area Lawyer Sentenced to 7 Years in Prison for Theft

See Also:
Third Judge Recusal in Lawyer Theft Case

Las Vegas Lawyer Arrested on Theft, Embezzlement Charges

A two-year investigation has led to theft and embezzlement charges against suspended Las Vegas lawyer Jeanne Winkler, who was arrested Tuesday evening by Washoe County sheriff's deputies.

"Jeanne Winkler swore to an oath as an attorney and was entrusted by her clients to uphold that oath," Las Vegas police officer J. Downing wrote in support of an arrest warrant. "Winkler was entrusted by her clients to protect their money which by her own testimony she used for her own personal use."

According to the document, the victims who filed complaints against Winkler with Las Vegas police suffered a total loss of about $143,000.

A criminal complaint, dated Feb. 18, charges Winkler with seven counts of theft. It also charges her with two counts of embezzlement involving a victim who is 60 or older.

Full Article and Source:
Lawyer Arrested on Theft Embezzlement Charges

Monica Yepez Passed

Monica Yepez, a well-known dentist and former UTEP cheerleader who successfully fought the courts for control of her estate after she was named a ward of the state in 2006, died Sunday -- the day before her 46th birthday.

Yepez's father, Alonzo Yepez Sr., said that the exact cause of death was unknown but that it was related to the ongoing health problems she developed after being partly paralyzed for the past five years.

Alonzo Yepez said Monica died at her East Side home, where she had been for the past two weeks after spending most of last year in the hospital because she had trouble breathing and had undergone a tracheotomy.

"She was tired, she was anxious, she was sick," her father said. "This was not her life -- that's not how she wanted to live. She was a go-go girl. She always wanted to be doing something."

In 2006, Yepez went to the hospital because she was dehydrated. According to court records, fluids that were supposed to help her instead caused her brain to swell, resulting in paraplegia. She lost mobility and her ability to speak. The injury left her in a wheelchair and caused her to gain more than 100 pounds.
"Everyone was expecting me to die," Monica Yepez said during an interview with the El Paso Times in 2009. "I could hear everything they would say about me, but I couldn't respond."

Because her assets were valued at $1.1 million, she and her estate were put into a state guardianship so that no one would take advantage of her, she was later told.

In 2009, she regained the use of her hands and her ability to speak.

That is when she began petitioning the court, asking for the right to control her finances. She also requested a full accounting of her estate, including the sale of her $600,000 home on the West Side.

After undergoing several physical and mental evaluations, the state dissolved her guardianship in October 2009. From then on, her $11,000-a-month disability check went straight to her.

"She was so happy that day," her father said. "She got control of her life back. That is all she wanted."

Full Article and Source:
Monica Yepez: Dentise, Ex-Cheerleader, Dies at 45

See Also:
Sweet Freedom

Editorial: Success Story in the Face of Judge's Failure

The first joke that came to mind was: “She’s one of Ciavarella’s success stories.”

When I got an update on Lisa (Scarborough) Spencer from her grandmother, it was almost all good news. She had earned her college degree, found a husband, landed a job, and at the age of 23 was mapping her future with thoughtful optimism.

It was good news because, back in 2004, Lisa’s run-in with then-Judge Mark Ciavarella became a centerpiece in a series of articles about juvenile justice in Luzerne County. Taken from home in shackles with no parent in sight, Lisa had spent five days in detention before Ciavarella gave her an indefinite sentence at a youth camp after only a cursory hearing.

Lisa had been fool enough, at age 16, to write an anonymous prank note about bringing a gun to school and taking aim at boys. In the post-Columbine era, she might as well have lit a keg of dynamite under the principal’s office. He and the justice system came down hard, and Ciavarella decided she was guilty of making terroristic threats. Never mind she had a spotless discipline record, a 3.8 GPA, and had fessed up to writing the note immediately, saying it was a joke, apologizing profusely and welcoming appropriate punishment.

Off she went.

The fascinating thing for me is that neither Lisa nor Ciavarella has changed, yet she was freed from her indefinite sentence early and began building a positive life with an upbeat attitude, while Ciavarella – the man who kept insisting he was straightening kids out so they wouldn’t turn to a life of crime – ends up the convicted felon facing up to 15 years in prison.

Proving once again that our county courthouse was built with an irony infrastructure.

Full Editorial and Source:
Success Story in the Face of Judge's Failure

NASGA Member's Open Letter to Senator Bob Corker, Ranking Member of the Senate Special Committee on Aging

February 25, 2011

Senator Corker,

I hope and pray the hearing you are a part of on March 2, 2011 with Mickey Rooney regarding the exploitation, abuse and neglect of our seniors will help shine light that brings about much needed reform to the national epidemic of elderly abuse. Because so much of the abuse happens on a state level in the probate court system, I am unsure how to reform the system on a national level. I can speak from personal experience that the laws on the books here in Tennessee and in Georgia, if honored are adequate to address the issues you will hear about.

The problem I experienced is an abuse of discretion by the probate court and its judges without concern for oversight and accountability for their decisions. Under the pretense of discretion, probate judges are given wide latitude in their oversight of an elderly persons well-being and finances. This can and does result in documented instances of lack of due process, violations of rules of the court, and cronyism. In my case my family was denied communication and visitation with my father from 2007 until he died last month. My father never met his now 2 year old grandson or saw my then 3 year old daughter and 1 year old son again. Fear and intimidation was used to keep him away from us while an older sibling and a local attorney took all of his financial worth. My attempts to visit with him and to ask the courts in Georgia where he lived were met with what can only be described as an abuse of discretion, violation of court rules, lack of due process and more. I was actually arrested in my home in Brentwood and charged with contempt of court in Georgia because I failed to appear at a hearing in Georgia I was not notified about. At that same hearing fess were awarded against me for "harassing the conservator" of my father's estate. I am dealing with that here in Tennessee as I write this letter.

I would appreciate it if you would consider reviewing the GAO 10-1046 report on Guardianships before the March 2nd hearing.

Thank you for your time and for representing our State and our nation in this important matter. The quality of life of our seniors who dedicated their lives to our country and their families is in dire need of reform and oversight. The laws in place seem to be adequate, but without genuine oversight and accountability for those holding decision-making power affecting the lives of those no longer able to take care of themselves, it is becoming open season for predatory guardians and conservators, all too frequently and often with the blessing of the probate system.

Highest regards,

Mark S. Israel
Brentwood, TN 37027

Full Letter and Source:
NASGA - Soapbox

KY: Bills to Curb Nursing Home Abuse Faltering

Two proposals aimed at preventing and investigating abuse of nursing home patients appear to be dead or stalled in the ongoing state legislative session, according to their sponsors.

In Kentucky, nursing home deaths from neglect and abuse often aren't criminally prosecuted because the coroner isn't called to investigate. But a bill that would require Kentucky nursing homes to report all deaths to the local coroner will not go forward this session because of opposition, its sponsor said.

Rep. Tom Burch, D-Louisville, said he won't call House Bill 69 for a vote in his House Health and Welfare Committee, citing opposition from the nursing home industry and budget concerns from the state's chief medical examiner, Tracey Corey.

Corey has said she would need to hire three medical examiners and support staff to handle the additional death investigations that could result from calling coroners after each nursing home death.

Burch said he tried to compromise with nursing home industry leaders with no success.

Senate Bill 44 is stalled in the Senate Judiciary Committee, where sponsor Tom Buford, R-Nicholasville, says he and committee chairman Tom Jensen, R-London, are "waiting on the go-ahead from the leadership office to move the bill."

In an interview Thursday, Jensen said he has spent much time on a bill dealing with state prisons and has not reviewed with Senate leaders SB 44 and several other bills before his committee.

Jensen said he thinks SB 44 has merit but it may be getting late in the session to consider it.

Full Article and Source:
Proposals to Curb Nursing Home Abuse Faltering in Frankfort

Judge Extends Mickey Rooney's Restraining Order

A Los Angeles judge has extended a restraining order Mickey Rooney obtained against his stepson through April, but says the actor must appear if he wants continued protection.

The judge ordered Christopher Aber to stay away from the veteran Hollywood actor until a hearing scheduled for April 5. City News Service reported Superior Court Judge Reva Goetz told Rooney's attorneys that the 90-year-old actor would have to come to court if he wanted the orders extended for three years.

A conservatorship has been established to protect the Oscar-nominated actor's money, which he claims have been mismanaged by Aber. Rooney has also accused his stepson of preventing him from leaving his home and verbally threatening him.

Rooney is scheduled to speak Wednesday to a U.S. Senate committee that is investigating elder abuse.

Source:
Judge Extends Mickey Rooney's Restraining Order

See Also:
Mickey Rooney Conservatorship

Evelyn Schwartz Passes

Evelyn Rose Schwartz was born April 10, 1916 she lived to be 94, passing away at around 12:30 Am at the Chardon Nursing home in Ohio, on Sunday the 27th of February, 2011.

When I (Betty) met Evelyn she was an active 88 year old woman living in a home she was very proud of; being cared after by her caregiver Dean. Evelyn's driving days were finally over - she had two dogs that she treasured and she was happy and content.

What I loved about her was she was a lady to be much admired. She had accomplished a lot in her life and had a lot of self worth about her. A really wonderful lady. One of her best friends was Dottie Buzeck who had moved Tennessee quite a few years ago. When Dean and I cared for Evelyn going into Manor Care nursing home, we met another woman (who worked there) who would become a very dear friend of Evelyn as well, Linda. So even in her last years, she still was surrounded by loving friends. Altho many have passed on as each year older; she saw more deaths. She has a lifetime of friends surrounding her - as you can see by some of us being here paying our last respects to her passing today. Evelyn understood life is about change, and one needs to accept there is a heaven, and loved ones are now in a better place. We know she is up there in heaven with all her family and friends who are privileged to be there too. Her family and friends can be proud of her.

Sadly several who love her, hadn't been able to see her for numerous months of late. However, we can say, she died knowing she was surrounded by love - as Dean, Linda and myself, Betty, were with her at the nursing home- visiting her- the night before she died.

Source:
Last Evening With Evelyn - She Died the Next Morning Knowing She was Loved

See Also:
Ohio: Evelyn Schwartz' Belongings Dumped

Federal Judge Rules Johnson & Johnson May Be Liable for Paying Kickbacks

A federal judge’s ruling[2/25/11]that Johnson & Johnson (JNJ) may be liable for paying kickbacks to nursing homes that prescribed the antipsychotic Risperdal is a reminder that just because you signed a contract doesn’t mean the contract is legal.

J&J thought it could evade the anti-kickback statute because it signed an agreement that didn’t directly involve sales of Risperdal. The judge, however, said that contract was merely a “subterfuge” to disguise kickbacks meant to encourage the prescribing of Risperdal.

Full Article and Source:
JNJ May Be Liable for Antipsychotic Kickback Scheme

Do Lindsay Lohan and Charlie Sheen Need Conservatorships?

It seems that conservatorships may become a new trend to help wild and out-of-control celebrities in Hollywood.

It sure helped Britney Spears. After her escapades of a hairless head, posing for the paparazzi with no panties, and excessive partying and drinking, her father, James Spears, filed for conservatorship. This allowed him to become her legal decision-maker and help turn her life and career around.

Then came talk of a conservatorship for Lindsay Lohan. She's had multiple DUI arrests and been sentenced to jail time and rehab, more than once. Most recently, she's facing a possible elony sentence for allegedly lifting a diamond necklace from a jewelry store.

A few months ago, Lindsay bristled at the reports that her father was attempting to file for conservatorship over her. Michael Lohan did not end up filing the court case, but with this latest criminal trouble, can another attempt be far off?

Most recently, Martin Sheen and his wife are said to be considering filing for conservatorship for Charlie Sheen. With the recent allegations of Charlie throwing his life away with excessive partying with porn stars, drug use, and alcohol abuse, he obviously needs help. He reportedly began rehab recently, but he's been down that road before.

So what is a conservatorship? It's a court process, typically in probate court, where a judge appoints a person to make legal decisions on behalf of someone who isn't capable of making them appropriately. Called guardianships in many states, this court process is designed primarily to help the elderly and developmentally-disabled when they lack the mental capacity to make proper decisions and need protection.

These laws weren't written for out-of-control Hollywood stars who suffer from drunkenness or drug-use instead of dementia or mental disability.

So are conservatorships really the right way to help these troubled celebrities?

Full Article & Source:
Do Lindsay Lohan and Charlie Sheen Need Conservatorships?