Guardian System Flaws Allow For Exploitation

A nonpartisan federal report released in the fall warned of flaws in the guardianship system that leave vulnerable people open to exploitation similar to that detailed in a criminal complaint against an Appleton man accused of stealing hundreds of thousands of dollars from clients.

The report from the Government Accountability Board is the latest to raise a red flag about the system. A 2007 study released by U.S. Sens. Herb Kohl, D-Milwaukee, and Gordon H. Smith, R-Ore., suggested improvements to safeguard people who rely on guardians, and a 2006 report by the AARP Public Policy Institute cautioned that checks on guardians were lax.

Jeffrey M. Schend, who owns the company Outagamie County hired to serve as guardian for 48 people, hasn't told investigators where about $500,000 went after disappearing from some clients' accounts. But there were signs Schend wasn't properly reporting financial transactions, including a $4,700 judgment Shawano County won against him in 2010 for his mishandling of a client's account.

Sylvia Rudek, a director of the National Association to Stop Guardian Abuse, says Wisconsin's system is weighted so heavily in favor of confidentiality that it prevents adequate oversight of guardians, who are hired mostly by counties after a court has determined a person cannot make safe and sound financial decisions. Most of the people represented by guardians are mentally ill, disabled or elderly.

Rudek said she ran into roadblock after roadblock after learning that a guardian had stolen more than $78,000 from her great-aunt, a Wisconsin resident. Though the guardian, Kathleen Simane, ultimately was sentenced to two years in prison on two theft convictions by a Rock County judge, Rudek said getting the case into the criminal justice system took Herculean efforts.

"We had no idea of what was going on," Rudek said. "I couldn't get any information."

In many states, she said, families can examine a guardian's books, but Wisconsin keeps those records sealed.

"The legislators will tell you the files are closed to protect the ward," she said, using a term often applied to a person represented by a guardian. "In reality, closed files protect the guardian team from oversight."

The report released in September by the federal Government Accountability Office backs up Rudek's contention that guardians are not properly supervised.

Full Article and Source:
Study: Guardian System Flaws Allow for Exploitation

See Also:
Read the GAO's (Government Accountability Office)report: GUARDIANSHIPS - Cases of Financial Exploitation, Neglect and Abuse of Seniors

Court Wants Proof of Jeffrey Schend's Inability to Pay Lawyer

'Guardianship Abuse'

Source:
KidnappingTheElderly

Memorial Day Thought

Memorial Day is a day of remembrance for those who have died in our nation's service.

It is a sad state of events when we learn that many disabled veterans are kept in miserable circumstances while under the control of a guardian, whether under the VA guardian program, or through our own state courts.









See:
NASGA: Veterans in Peril

HelpBringGaryHome

Instead of Helping, VA Trustee Program is Hurting, Families Say

CT Legislation Review

The 2011 Legislative Session is winding down and along the way a number of bills that could dramatically improve the care of elderly citizens while simultaneously decreasing the costs of that care are up for consideration.

The State Commission on Aging has taken a proactive stance on several bills among which is Senate Bill 1185: An Act Concerning State Payments to Nursing Homes and the Duties of Nursing Home Receivers.

Julia Evans Starr, Executive Director of the Commission on Aging commented during a public hearing on this bill that the Commission on Aging “the Long-Term Care Advisory Council and others have recommended this initiative as a key component to rebalancing our state’s long-term care system, while helping nursing homes maintain and retain financial viability.

“Rebalancing” our long-term care system means shifting the balance between the amount of people receiving services in institutions versus community settings. Currently, our state spends about 65% of its Medicaid long-term care dollars on institutional care, like nursing homes – about $1.6 billion annually. Our dollars stretch further when providing home- and community-based care: while only 35% of the dollars goes to community-based care, we serve 53% of the people that way.

According to Connecticut’s 2010 State Long-Term Care Plan, rebalancing the system will cost our state $900 million less in 2025 than leaving the balance as-is.

But, rebalancing is not just about dollars and cents. It’s about choice, independence, dignity – and the law.

Importantly, the experts indicate that if we achieve the rebalancing goals set in the state’s Long-Term Care Plan, we can actually reduce the number of nursing home beds we need in 2030 by 25%.

Full Article and Source:
Granny-Snatching: Legislation and Jail Time

Huguette Clark's Will: Who Will Get Her Fortune?

The reclusive copper heiress died on Tuesday in the Manhattan hospital she's been calling home, leaving people to wonder about the fate of her estimated $500 million fortune.

With questions about her mental health and an ongoing investigation into the attorney and accountant that have been handling her affairs, the answer to the above question can mean the difference between a drawn out court battle and a quiet ending.
Huguette Clark came back into the limelight last year after media began inquiring about her self-imposed isolation. She had been living in different hospitals for years despite owning palatial homes and employing a staff of aides.

About six years ago, her family members, who had continued contact with the heiress, were cut off at the behest of her attorney, Wallace Bock, reports MSNBC. They were also denied access to her funeral on Thursday.

In light of such suspicious activity, Manhattan prosecutors have been investigating whether Bock and Clark's accountant have been mismanaging her affairs, notes The New York Times.

This investigation is incredibly important for the fate of Huguette Clark's will.

If a decedent is not competent--or lucid--at the time that a will is created, it is unenforceable. The same goes for when she is improperly influenced by third parties.

There is evidence that both of these things may have occurred with respect to Huguette Clark's will. In October, prosecutors found Clark to be "not lucid" and found evidence that she had donated millions of dollars to Wallace Bock and his family, which is considered unethical conduct for lawyers in most states.

Source:
Huguette Clark's Will: Who Will Get Her Fortune?

Senator Nelson's Bills on Way to Governor's Desk

Several bills authored by Senator Jane Nelson, R-Flower Mound, are on track to reach the governor's desk. The 82nd Regular Session of the Texas Legislature adjourns on May 30.

SB 221 strengthens protections against the exploitation of seniors and ensures that law enforcement is notified if a client's home may be left vacant due to the client being removed under a protective order.

SB 220 increases protections of wards in guardianship and make it easier for families to navigate the guardianship system. "These reforms will protect the civil liberties of persons who come under the state guardianship system and help family members understand and follow the process."

Full Article and Source:
Nelson's Bills on Way to Governor's Desk

Court Wants Proof of Jeffrey Schend's Inability to Afford Lawyer

A former guardian accused of stealing hundreds of thousands of dollars from elderly and disabled clients said a boat, car and about $1,000 he can no longer access are his only assets.

A court commissioner, however, said Thursday she needed more proof before determining whether Outagamie County would pay up front for an attorney to represent Jeffrey M. Schend on seven theft charges.

"I guess I'm not convinced this is a full accounting," Court Commissioner Maureen Roberts Budiac told Schend, 44, during a hearing to determine whether the county should pay for his attorney.

Schend was charged this month with six felony counts of theft and a misdemeanor after he was unable to account for about $500,000 in transactions from his clients' accounts. He didn't qualify for a free public defender, but says he can't afford to hire a lawyer.

Investigators have said they continue to pore over the records of Schend's clients.

He remains in jail on a $100,000 cash bond. He'll appear in court June 15 for a preliminary hearing, where prosecutors will have to show evidence is sufficient to maintain the felony charges.

Full Article and Source:
Court Asks Jeffrey Schend for More Information Before Deciding Whether to Appoint Attorney

See Also:
Jeffrey Schend Says He Can't Afford Attorney

Judge Speaks Out Against Record Sealing

A Dauphin County trial judge has come down hard against the practice of sealing judicial records, calling it "unconstitutional" and an "invitation to secrecy and, potentially, abuse."

In a strongly worded four-page opinion filed April 19 in Gebhardt v. Woods , Judge Lawrence F. Clark denied plaintiff Stephen Gebhardt's motion to seal all pleadings, motions and replies, saying a litigant's desire to preserve his or her privacy in a case is no excuse for a court to deprive the public access to judicial records.

"In the past, the courts have summarily sealed records," Clark said. "It was unconstitutional then and it is unconstitutional today."

Robert C. Clothier, co-chair of Philadelphia-based Fox Rothschild's media, defamation and privacy law practice, said Clark's opinion is, on the one hand, unremarkable since it's been well-established that a party's desire to keep information private is not enough to warrant the sealing of a judicial record.

What is noteworthy, Clothier said, is "the heartfelt way in which he articulated the policies underlying openness."

"That's what's remarkable and heartening to see: how strongly the judge here conveys the importance of openness in the courts," he said.

Clark said the public has an "extremely broad" right of access to court records.

"Obviously, in modern times there has been a grand impetus toward the accessibility of public information," Clark said. "Furthermore, it is not a sufficient basis to seal a record just because the parties agree amongst themselves that it would be in their best interests to seal part or all of the record."

Clark said doing so would rob Pennsylvania citizens of "their fundamental constitutional right to access such information."

According to Clark, judges have a duty to uphold this right and to maintain transparency, even if it means doing so at the expense of the parties involved in the case.

"Every judicial officer from the newest magisterial district judge to the chief justice of the Supreme Court takes the same oath of office before commencing their duties, which oath binds them to 'support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity,'" he said, citing Article VI, Section 3 of the Pennsylvania Constitution.

Full Article and Source:
Dauphin Co. Judge Speaks Out Against Document Sealing

'Open Court'

It is a fundamental principle of the United States legal system that courts should be open to the public. This principle is widely regarded as more aspirational than factual, because of numerous practical barriers to courtroom access -- not the least of which is that most of us do not have the time or ability to travel to the court to witness proceedings in person. While the news media report on judicial proceedings, their resources are limited; as a result, coverage is normally focused on specific cases of particular interest. Moreover, audiovisual recording of judicial activity is sporadic due to a complicated patchwork of largely discretionary rules about allowing cameras in the courtroom.

OpenCourt, an experimental project launched on May 2, 2011, by WBUR, Boston's NPR news station, seeks to change all of that. With the cooperation of the Massachusetts Supreme Judicial Court (the highest court in the Commonwealth) and the Massachusetts District Court (a department of the Massachusetts Trial Court), the OpenCourt project has started streaming live video and audio of the proceedings in the First Session of Quincy District Court. OpenCourt also provides WiFi access to journalists and bloggers so that they can report live from the courtroom.

The goal of the OpenCourt project is to develop a set of standards and best practices for live access to the courts that can be replicated in courtrooms around the country.

Full Article and Source:
Announcing OpenCourt

Arizona Attorney Grant Goodman Sanctioned

Grant Goodman, a local attorney who became a private version of former Maricopa County Attorney Andrew Thomas by filing a series of failed so-called racketeering lawsuits against court-appointed guardians, conservators, lawyers and judges, is in very hot water.

Superior Court Judge Peter Cahill (from Gila County) issued the latest in a series of hefty financial sanctions against Goodman in a stinging 15-page ruling in an action against the sole practitioner by a large group of litigants, including a now-closed private fiduciary firm, Superior Court judges and several attorneys.

At one point, Goodman claimed that the shuttered fiduciary firm, the Sun Valley Group, in cahoots with Superior Court Judges and a cabal of greedy attorneys, was ripping off adults deemed "incapacitated" by the court for everything they had.

Judges often appoint private fiduciaries to help with all aspects of a clients's life, and Goodman's representation of those vulnerable people was marked by half-baked legal assaults and inane in-court verbal exchanges with judges and opposing counsel.

"Claims that the [clients] did not receive what they deserved--that, instead, scoundrels (`Racketeers,' as Mr. Goodman calls them) took advantage of them and stole all their property are serious," Judge Cahill wrote in his ruling, which was issued yesterday afternoon.

But the judge noted that Goodman never did file any paperwork to show his clients were entitled to legal relief, writing that "Alfred Dreyfus surely would have died on Devil's Island if Goodman had been his `[Emile] Zola.'" (Great literary reference there--check it out by linking to Zola.)

Cahill added about another $200,000 in legal sanctions against Goodman to the $24 million that the litigious little guy already is on the hook for. However, he suggested that, based on past behavior, "the court believes it is quite likely that these financial sanctions will mean nothing to Mr. Goodman."

The out-of-town judge, who was asked to sit on the Goodman case because of conflicts-of-interest in Maricopa County, wrote that "it is reasonably likely--actually it is a certainty--that Mr. Goodman will victimize others.

Cahill recommended that Maricopa County's presiding judge Norm Davis hold a hearing, after which Davis deem Goodman a "vexatious litigant," (vexatious denoting "an action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance to the defendant").

If Judge Davis does so, Goodman would have to file any and all complaints with Davis himself for review and possibly immediate dismissal. Any defendants of a Goodman lawsuit wouldn't have to respond until the judge gave the go-ahead.

Cahill wrote that "Mr. Goodman's conduct--the manner in which he has handled these important matters--has brought discredit to the profession and the courts. In addition, his conduct caused significant harm to the litigants."

Full Article and Source:
Grant Goodman, Gadfly Phoenix Attorney, Sanctioned Heavily in Probate Cases

'Trial & Heirs' - Famous Fortune Fights

What do Princess Di, Marlon Brando, Heath Ledger, Jimi Hendrix and former Supreme Court Justice Warren Burger have in common? They all flubbed their estate planning, costing intended heirs money and/or grief, according to a readable (really) estate planning how-to book, Trial & Heirs. The new book uses these celebrity cliffhanger cases to dish out real-life advice.

The mistakes these folks made run the gamut. Jimi Hendrix died without a will, leaving his close brother Leon with nothing. Supreme Court Chief Justice Warren Burger wrote his own will, which at 176 words left out basic tax clauses that could have saved $450,000 in estate taxes. Princess Di relied on a "letter of wishes" to give away belongings, and her godchildren got shortchanged.

"Everyday people can learn from these celebrity stories," says Andrew W. Mayoras, a probate litigator who wrote the book with his wife, Danielle B. Mayoras, an estate lawyer. "The cases are different only in terms of dollars and notoriety from the issues I see in my practice," he adds.

Source:
Amazon: Trial & Heirs

Jeffrey Schend Says He Can't Afford an Attorney

A former guardian accused of living lavishly while stealing hundreds of thousands from his elderly and disabled clients will ask the court to appoint an attorney to defend him because he can’t afford a lawyer.

Jeffrey M. Schend, 44, was charged this month in Outagamie County Court with six felony counts of theft and one misdemeanor count after he was unable to account for about $500,000 in transactions from clients’ accounts.

Schend’s company, JMS Guardianship Services, was hired by Outagamie County in 2004 to serve as a guardian for clients who were unable to handle their affairs.

Schend will appear in court Thursday for an indigency hearing. Gene Bartman, a state public defender, said indigency hearings are scheduled when defendants aren’t eligible for a public defender, but argue they can’t afford to hire an attorney. If an attorney is appointed to represent Schend, Outagamie County would bear the initial cost, but Schend would have to repay the county.

The public defender’s office considers a person’s income, assets and family size, among other factors, when deciding whether a person is eligible for a court-appointed attorney, Bartman said.

Schend’s former employees told police Schend boasted about traveling first class, owning a boat and driving luxury vehicles including a Mercedes-Benz and Cadillac.

Schend is jailed on a $100,000 cash bond and will appear in court June 15 for a preliminary hearing, at which prosecutors will have to show sufficient evidence to maintain the felony charges. The Wisconsin Department of Health and Family Services suspended Schend on April 24 from its list of approved guardians.

Full Article and Source:
Guardian Jeffrey Schend Accused in Theft of Client's Money Says He Can't Afford Attorney

More on Jeffrey Schend

An Appleton man hired by Outagamie County to serve as a guardian for people ruled legally incompetent is unable to account for about $500,000 in transactions from clients' accounts, a search warrant affidavit says.

Jeffrey M. Schend's company, JMS Guardianship Services, was hired by Outagamie County in 2004 to serve as a guardian for clients who were unable to handle their affairs. Schend, 44, was charged this month in Outagamie County Court with six felony counts of theft and one misdemeanor theft charge.

It's not the first time Schend's financial record-keeping has been questioned.

In January 2010, Shawano County officials won a $4,700 judgment against Schend for mishandling a client's account.

State law requires corporate guardians turn over their accounting records for an annual review. The county's register in probate reviewed Schend's accounting and determined "there wasn't enough information provided to determine whether money in equaled the money out," said Tony Kordus, the attorney for Shawano County. A judge agreed.

Kordus said Schend failed to pay the judgment and officials were able to garnish one of his accounts, but have recovered only $1,000.

Schend remains in jail on a $100,000 cash bond and will return to court June 15 for a hearing to determine whether prosecutors have sufficient evidence to pursue the felony charge.

Full Article and Source:
Jailed Guardian Jeffrey Schend Lost Judgment in Shawano County

See Also:
Jeffrey Schend Revolked from Guardianship Practice

Corruption in the Courts: What it Looks Like and Where it is Hidden

I remember when my conservatorship started I was told “You don’t want to @&%$ off a judge”. That always struck me as an odd statement. After reading the Judicial Code, nowhere did I find instructions for a judge to rule based on being “@#(^%ed off”. In fact, they are instructed to do quite the opposite. A judge must ignore their own personal feelings and rule according to the law.

Judge Kennedy’s lack of knowledge of the law is disturbing enough. His utter disregard for the Constitution and Bill of Rights is obvious. Kennedy rules based on who is listed on his campaign contribution file and his own political aspirations. Not to mention what appears to be obvious corruption.

Our judiciary in Tennessee needs a complete makeover. Tennessee, #1 Most Corrupt State in 2010. I’ve got a problem with that. Do you?

Source:
ImpeachRandyKennedy

CA Bill Targeting Elder Abuse Passes

A state Assembly bill sponsored by Assemblywoman Betsy Butler (D-Marina del Rey) that would increase the fines for financial crimes committed against elderly and dependent adults was unanimously passed Thursday and will head to the state Senate for consideration.

AB332, which passed 78-0, would increase the fines from $1,000 to $2,500 for embezzlement, forgery, fraud or identity theft against an elder or dependent adult for a misdemeanor offense of more than $950. The bill also would enable felony charges for some theft crimes against the elderly with fines of up to $1,000. The increased penalties would be in addition to any jail or prison sentences.

Over the past 10 years there were 4,735 convictions in California for embezzlement, forgery, fraud and identity theft against elders and dependent adults, according to the California Department of Justice.

Full Article and Source:
Butler's Bill Targeting Elderly Abuse Passes Assembly

Jeffrey Schend Revoked From Guardianship Practice

State regulators revoked Jeffrey Schend's privilege to serve as a guardian for people ruled legally incompetent even before police began an investigation into whether he stole from his vulnerable clients.

County officials, meanwhile, say allegations that Schend took tens of thousands from those unable to handle their affairs will spur a review of whether there's enough oversight of guardians.

"Our main concern is to try to assure that our wards are safe, and whatever we can do to enhance our procedures, we're going to take a look at that," Joseph Guidote, the county's chief attorney said.

Schend, 44, of Appleton, was charged last week in Outagamie County Court with six felony counts of theft and one misdemeanor theft charge related to the finances of four of his clients.

Full Article and Source;
Schend Revoked From Guardianship Practice

See Also:
Alleged Guardian Theft

Theft Investigation Against Guardian May Grow

An Appleton guardian accused of stealing several hundred thousand dollars from his elderly and disabled clients may be investigated in another county.

Jeffrey Schend, 44, is owner of JMS Guardianship Services. He faces six felony theft charges in Outagamie County for allegedly emptying the bank accounts of several clients who were deemed legally incompetent.

Action 2 News has learned Schend was contracted for services in Waupaca and Shawano counties and by the Oneida tribe as well.

After our report aired Wednesday, Action 2 News received a call from a former client of Schend's claiming more theft allegations against the former guardian.

Appleton police and Outagamie County tell us they're looking into the new complaint

Full Article and Source:
Theft Investigation Against Guardian May Grow

A Wrongful Life - Forsaken Brooklyn Boy Had Fortune and Childhood Squandered by Law Guardian

He was born with no arms and disfigured legs. He couldn’t walk. And though his mind was sound, perhaps even ingenious, he argued that legally he should have never been born.

The legal problems all began in 1999, when a Brooklyn attorney was first appointed as the disabled child’s guardian, charged with the duty of overseeing a large sum of money the 7-year-old had just been awarded in a wrongful-life action filed in Brooklyn Supreme Court.

A wrongful-life action is defined as “a lawsuit brought by or on behalf of a child with birth defects, alleging that but for the doctor-defendant’s negligent advice, the parents would not have conceived the child, or if they had, they would have aborted the fetus to avoid the pain and suffering resulting from the child’s congenital defects.”

According to Black’s Law Dictionary, most jurisdictions reject these claims. Brooklyn does not. Roy Lantigua, who was born without arms and with shortened legs and clubbed feet, received $684,700 from a settlement reached in his wrongful-life action.

With such a large sum of money, it would seem possible that Lantigua could purchase the items and services needed to actually make his everyday life a little closer to normal.

But the decision on what to spend the hundreds of thousands of dollars on was not Lantigua’s to make. That decision was given to law guardian and Crown Heights attorney Ray Alfred Jones Jr.

And now, over a decade later, Jones could possibly face criminal prosecution for allegedly squandering over $500,000 of Lantigua’s money.

Several weeks ago, Kings County Supreme Court Justice Betsy Barros ordered Jones to pay a $501,425.67 surcharge, plus interest dating back to April 2004, for a pattern of “self-dealing and conflicts of interest” in his handling of the assets of Roy Lantigua.

“It is abundantly clear that [Jones] never acted in Roy’s best interest,” Justice Barros wrote in her March 31 ruling.

Jones was actually removed from his position as Lantigua’s guardian in 2004, and is no longer approved or eligible to serve as a guardian in Kings County.

But while serving as Lantigua’s guardian, Jones used the ward’s assets to buy Lantigua a home in Crown Heights that was not handicapped-accessible ($111,000), have the home renovated, though the renovations were never completed ($200,000), pay rent on a nearby apartment for Lantigua and his family to live in during said renovations ($32,000), and buy a handicapped-accessible van ($40,000), which Jones apparently took away from Lantigua’s mother after she got too many parking tickets.

“The hallmarks of [Jones]’s tenure as co-guardian/co-trustee are self-dealing, a cavalier disregard of Roy [Lantigua]’s abilities and disabilities, a contemptuous attitude toward and direct contravention of the court’s orders and authority, and a breakneck pace of expenditures, the lion’s share of which lie in the risky business of home renovation,” Justice Barros wrote in her order, which was published online.

This ruling against Jones ironically came in response to a February 2010 motion filed by Jones to obtain attorney’s fees for his work as Lantigua’s guardian.

“After [Jones] was removed from the fold, he came back and asked for extraordinary commissions for guardianing Roy,” said Francine Vlantes, the attorney representing Lantigua’s new guardians. “Kathryn [Greenberg, the new co-guardian] was the only one who objected. We asked the judge that not only should Ray Jones not be given anything, but that he should be surcharged.”

Full Article and Source:
A Wrongful Life - Forsaken Brooklyn Boy Had Fortune and Childhood Squandered by Law Guardian

Judge Disqualified in Leyton Case

County Chief Probate Judge Jennie E. Barkey has been disqualified from deciding whether the in-laws of county Prosecutor David Leyton need a guardian or conservator to help them with their daily affairs.

Two separate judges’ decisions from outside Genesee County resulted in Barkey being disqualified and the temporary guardians and conservators she appointed for the parents of Leyton’s wife removed.

The probate case came into focus as Leyton ran for Michigan attorney general last fall, in part because county sheriff’s office investigators — the same ones Leyton has used to prosecute others for elder abuse — indicated Leyton’s in-laws had been “neglected” and received minimal care.

Leyton would not comment on the case and has said previously that the case is a matter for his wife’s family to resolve.

Glen Lenhoff, an attorney for Leyton’s brother-in-law, who also opposed the guardianship order, said developments in the case show Barkey took too drastic an action with limited information.

“I think the public should know what a drastic ... deprivation of freedom this is,” Lenhoff said. “The judge ran roughshod over due process. ... I pity other people who go through that court and don’t get a fair shake and don’t have the money to appeal it.”

Full Article and Source:
Genesee Chief Probate Judge Jennie E. Barkey Disqualified From Hearing Case Involving Inlaws of County Prosecutor

See Also:
Judge Appoints Temporary Guardian For Leyton's In-Laws

Press Release: Grassley, Kohl: Nursing Home Residents Receive Powerful Antipsychotic Drugs for Off-label Uses, Inspector General Report Shows

Sen. Chuck Grassley of Iowa and Sen. Herb Kohl of Wisconsin wrote to the administrator of the Centers for Medicare and Medicaid Services in response to a new report showing that 88 percent of the powerful antipsychotic drugs being prescribed to nursing home residents with dementia were for uses that have not been approved by the Food and Drug Administration.

“Nursing home residents are getting antipsychotic drugs for dementia, not psychoses,” Grassley said. “No one seems to have a good handle on whether the patients are benefiting from these medicines or whether they’re being prescribed drugs that don’t help and might even harm them. The government needs to do a better job of protecting nursing home residents from unnecessary drugs. I’ll continue to work to hold the Medicare program and nursing homes accountable for the quality of care delivered to nursing home patients.”

Late last year we convened a panel of national experts on Alzheimer’s and they told us that we must do a better job of providing care to the rapidly growing number of elders with dementia who live in our nation’s nursing homes,” Kohl said. “As these experts told us, and as the HHS OIG report confirms, Alzheimer’s patients who do not have a diagnosis of psychosis can be seriously harmed by this class of drugs. CMS must find ways to encourage the medical community to use appropriate non-pharmacological treatments for these patients, who deserve to lead dignified lives.”

Grassley and Kohl commented on a report issued by the Department of Health and Human Services Office of Inspector General. The report titled, “Medicare Atypical Antipsychotic Drug Claims for Elderly Nursing Home Residents,” was requested by Grassley in December 2007.

Full Press Release and Source:
Grassley, Kohl: Nursing Home Residents Receive Powerful Antipsychotic Drugs for Off-label Uses, Inspector General Report Shows

Atty Charged for Not Reporting Crimes by Her Employee

A Tuscaloosa attorney was charged [5/12/11] by federal prosecutors to a charge of withholding and concealing information on a crime that involved a law clerk in her office using the credit cards of an elderly client who suffered from dementia.

Zondra Hutto also entered into a plea agreement to the charge, according to federal court records.

Hutto, 61, had been appointed in September 2007 by Tuscaloosa County Probate Court as temporary guardian to a 79-year-old woman who suffered dementia, delusion disorder, and paranoia and required nursing home care, according to Hutto's plea agreement. Between Sept. 28, 2007 and April 18, 2008, a male employee in her office, whose work included clerical duties, used the elderly woman's debit card and a department store card to make purchases totaling $19,358.

Purchases included paying for two plane tickets and a trip to a resort in Mexico, and a Coach designer purse that the employee gave to Hutto as a Christmas present in 2007.

Full Article and Source:
Tuscaloosa Attorney Charged For Not Reporting Crimes by Her Employee

Abuse by Caretaker Charges Filed Against Oklahoma Woman

A former activities director at a local assisted living center was charged with felony abuse Wednesday in district court.

Stacy Michelle Brown, 40, Chickasha faced the abuse by caretaker charge for knowingly committing financial neglect involving a disabled, elderly man during about a 18-month timeframe, according to information from the district attorney’s office.

Court documents show that Brown called local police in December 2010 asking if a report had been filed about her involvement in financial exploitation. The acts were committed during the time she was a caretaker, on or between Aug. 1, 2009, and Jan. 1, 2011.

Brown admitted to Chickasha Police Officer G.G. Music Jr. that she took about $4,550 from the 87-year-old disabled veteran, records show. Music reported in documents that Brown said she had also planned on personally changing the victim’s POA (Power of Attorney) and nominating herself. She had also planned on splitting his estate proceeds with a business woman in town.

Full Article and Source:
Abuse by Caretaker Charges Filed Against Local Woman

The Corruption of Michael Rowe

Michael Rowe sustained a disability due to a motorcycle accident which occurred in Sept. of 1982, at the age of 16. He was hospitalized for several weeks then transferred to an intensive rehabilitation unit, where he learned to clothe and feed himself, use a wheelchair and do transfers. Gradually, he learned to walk with a walker. One side of his body is very limited. His speech is affected by the accident, but Michael learned to communicate quite effectively.

After 4 months of intensive rehabilitation, the doctors sent Mike home in the care of his mother and brother. He went to regular school. He was home for 2 years, then was transferred to a foster care boarding school, as it became more difficult for his family to care for him. His brother was the main care taker as his mother is developmentally disabled.

He lived at Shady Pines Foster Care, in Battle Creek, Michigan for the next 10 years. His court records indicate that Michael was sent home from rehab on NO medication and continued to progress for the next 12 years without medications.

Michael adapted to his disability. Family and friends described Mike as bright, happy, out-going and fun loving. Mike enjoyed school, and especially wood working class, competition wheel chair sports, bowling, swimming, and gardening. He won awards for the competitions. He liked girls and they liked him. He dated mostly non- handicapped girls. He liked going out with friends to fairs, dances and proms.

His school records are glowing with good reports, which documented Mike was groomed for independent living upon graduation and recommended for job training. It took Mike longer to get through school due to his disability, but he made it , and achieved a high school diploma! Mike was excited about getting into an apartment with some assistance with daily care. He was excited about being independent. As you know many American's with disabilities live independently successfully.

But then a horrible turn of events occurred which shattered Mike's hope of living the American dream.

In late 1995 ( nearly 14 years AFTER Mikes accident) he ended up in a rehab facility which claimed to specialize in treating persons with head injuries. Mike was lead to believe by a social worker that this move would train him for a job and independent living. But it was a trick.

Source:
CorruptionOfMichael.com

Nursing Homes With a Track Record - a Bad One

Among the 15,547 nursing homes in the full set of U.S. News rankings, 131 are tagged as "Special-Focus Facilities." Consider it a red flag. These homes have been singled out by the state where they operate and by the federal Centers for Medicare and Medicaid Services as nursing homes with long histories of subpar or inconsistent health inspections. Here's more about SFFs:

What makes a nursing home an SFF?
A history. A single event, even a serious one such as spoiled food that sickens several residents, isn't enough. But similar findings in three consecutive inspections are one of three required SFF flags. The second is that a deficiency affected or could have affected many residents. The third is that the problem remained unresolved on follow-up inspections.

Should I remove my loved one from an SFF?
Not necessarily. Moving a resident who has grown used to the rhythms and routines of a home can be upsetting, even traumatic. If you are generally satisfied with the level of care, says CMS spokesperson Mary Kahn, it's better just to be watchful. "One family member who is attentive and an activist," she says, "can go a long way toward ensuring their loved one receives good care."

Full Article and Source:"
Nursing Homes With a Track Record - A Bad One

Alleged Guardian Theft

An Appleton man hired by Outagamie County to protect the legal interests of elderly and disabled residents is charged with stealing hundreds of thousands of dollars from their accounts.

Affected families say the alleged crimes are devastating.

Jeffrey Schend, 44, faces six felony counts of theft in Outagamie County.

He's worked as a contracted legal guardian for the county since 2004, and late last year his business, JMS Guardianship Services, began receiving calls that clients' bills weren't being paid.

According to the criminal complaint, prosecutors examined accounts of four people under Schend's care, and they discovered about $400,000 transferred to Schend's company could not be found in the company's books.

The family of one of the alleged victims in this case says they are appalled by the allegations.

Full Article,Video, and Source:
Families Devastated by Legal Guardian's Alleged Theft

Jerry Eckwood is Conserved

On Tuesday [5/10/11", [Judge Randy} Kennedy sided with the NFL Player Care Foundation, which asked the judge in January to appoint someone to help [Jerry] Eckwood make financial and medical decisions.

Kennedy ruled that the duty should be permanently held by Watson and Kristy Robinson with Elder Care Options Consultants, whom he initially appointed to serve temporarily in that role.

“The NFL was not trying to take over his life,” said Christina Norris, a Nashville-based lawyer for the NFL Player Care Foundation.

“It just wants to give him better access to that $88,000 a year that he is entitled to. Most families say, ‘Thank goodness.’ ”

But Eckwood has told court officials that he wants to live on his own and to “get the NFL out of my business.”

Full Article and Source:
Judge Sides With NFL to Help Former Player

Britney Spears to Have Psychiatric Eval

Due to the legal battle between Sam Lutfi (Britney’s ex-manager) and Lynne Spears (Britney’s mother), Britney Spears might be undergoing a court ordered Psychiatric exam.

Lutfi is insisting on having Britney give a deposition during his defamation lawsuit against her mother. However, James Spears (Britney’s Father) and Andrew Wallet (Britney’s Family Attorney) still maintain Britney’s conservatorship and are saying that Britney is mentally incapable of testifying. This is why Lutfi requested for the Judge to order a psychiatric evaluation for Britney.

Ultimately, if the judge does order an evaluation and it shows that Britney is mentally capable of testify, it might also be the beginning of the end of her conservatorship.

Full Article and Source:
Britney Spears to Have Psychiatric Evaluation

'Isolate, Medicate, Steal the Estate'

Source:
YouTube: Isolate, Medicate,Steal the Estate

Husband, Milton Supervisor Thompson Had No Knowledge of Wife's Alleged Theft

Deborah Thompson’s husband, Milton Supervisor Frank Thompson, had no knowledge of her alleged wrongdoing, her attorney said Thursday.

Deborah Thompson, 62, was charged April 29 with third-degree grand larceny for allegedly stealing more than $25,000 from an elderly resident at Maplewood Manor, while acting as the woman’s legal guardian.


Full Article, Video, and Source:
Lawyer: Frank Thompson Knew Nothing About His Wife's Theft

See Also:
NY County Supervisor's Wife Charged With Theft

Joseph Ludwig Zairnik: Advice From a Friend

My girlfriend gave me the best advice right around the time I emailed Rick Block (bank trustee at Devon Bank). I made the decision a long time ago to back off and let go. I'm no match for a half million dollars placed into the hands of people who have no moral decency. To be honest, I was no match for that money when it was in Ludwig's possession and cried 'Uncle' the day I called Elder Protective Services. The big difference is now I'm terrified for Ludwig because I see the people this bank is hiring. No one is drawing a line of proper decorum or modeling behavior for others to follow, it's a free-for-all. That kind of money can buy all kinds of people.

Anyway, my girlfriends' sister is a criminal attorney and she told me to start writing down everything the bank hired Josh Mitzen (guardian) and the caregivers to do to Ludwig. Dates, times, everything they did and said. If I could grab the evidence, I did. I took pictures, etc. I became an investigative reporter. Besides, I have a date with destiny with Rick on the Internet and I have to write it all down.

Later, they (Ludwig’s attorney and guardian) threaten me with court. A restraining order and I’m so excited. I can hardly contain myself. I’m getting my day in court and an opportunity to get on court record every filthy thing they did to Ludwig. I pick out court clothes, I start practicing my speech before the judge, I review all my notes and evidence, etc. I was going to start gathering my witnesses but the court order never came. What’s taking it so long? I checked my mailbox every single day for two weeks.

I talk to my girlfriend again and she says, ‘They’re just teasing you!’ Why? I don’t understand it? They shouldn’t make a commitment to do something and not follow through because you’re only as good as your word.

They teased me with court a lot. I only got excited once.

Source:
Advice From a Friend

Responsibility for a Deceased Relative's Debts

The loss of a loved one is tough to begin with, but if the loved one left debts behind, it can be even tougher. Family members generally should not have to pay for a decedent's debts, but it is important to know your rights because collection agencies may target the decedent's relatives.

Usually the loved one's estate is responsible for paying any debts. If the estate does not have enough money, the debts will go unpaid. The debt collectors may not collect payment from relatives (unless they were co-signers or guarantors). However, if you are the spouse of the decedent, you may have responsibility for any debts that were jointly held. Depending on state law, some assets -- such as a house or car -- may be exempt from debt collection. You should talk to an attorney to determine your responsibility, if any.

If a debt collector contacts you, give the collector the contact information for the personal representative (also called the "executor") who is handling the estate. It is the personal representative's responsibility to make sure all bills are paid. Whatever you do, do not give any personal information to debt collectors. Scam artists sometimes pose as debt collectors to prey on relatives.

If a debt collector won't stop contacting you, send a certified letter to the collector saying you do not want to be contacted again. Once the collector receives the letter, the collector can contact you only to tell you that there will be no further contact or to inform you of a lawsuit. Report any problems with debt collectors to your state's attorney general or to the Federal Trade Commission.

Source:
Responsibility for Deceased Relative's Debts

Gary Harvey - Government Intrusion

Where does one turn when you become disabled, vulnerable or old and become unlawfully a victim of the system? There are no kind words for the injustice that Chemung County New York has visited upon my husband, Gary Harvey and me.

My husband a veteran who served his country and fought for our freedom is being denied his.

Until January 2006, my husband was leading a normal life.

Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury.

Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.

I have been struggling against all odds to save my husband from what I fear could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.

Can you believe that Adult Protective Services of Chemung County New York who is suppose to “Protect”, a community guardian of and for Gary since March 2007 ... they actually petitioned the county court for permission to kill their ward?

Full Article and Source:
Government Intrusion

Caregiving Contracts

Many people are willing to voluntarily care for a parent or loved one without any promise of compensation. Even so, a growing number of people are entering into caregiver contracts (also called personal service or personal care agreements) with their family members. Having such a contract has many benefits. It rewards the family member doing the work. It can help alleviate tension between family members by making sure the work is fairly compensated. In addition, it can be a be a key part of Medicaid planning, helping to spend down savings so that the elder might more easily be able to qualify for Medicaid long-term care coverage, if necessary.

The following are some things to keep in mind when drafting a caregiver contract:

•Meet with your attorney. It is important to get your attorney's help in drafting the contract, especially if qualifying for Medicaid is a goal.

•Caregiver's duties. The contract should set out the caregiver's duties, which can be anything from driving to doctor's appointments and attending doctor's meetings to grocery shopping to help with paying bills. The length of the term of the contract is usually for the elder's lifetime, so it is important to cover all possibilities, even if they are not currently needed. The contract can continue even if the elder enters a nursing home, with the caregiver acting as the elder's advocate to ensure the best possible care.

•Payment. Payment to the caregiver can either be made with a lump-sum payment or in weekly or monthly installments. For Medicaid purposes, it is very important that the pay not be excessive. Excessive pay could be viewed as a gift for Medicaid eligibility purposes. The pay should be similar to what other caregivers in the area are making, or less. To calculate a lump-sum payment, take the monthly rate and multiply it by the elder's life expectancy. (Not that some states, Georgia for example, do not recognize the ability to create a lump sum contract based upon life expectancy.)

•Taxes. Keep in mind that there are tax consequences. The caregiver will have to pay taxes on the income he or she receives.

•Other sources for payment. If the elder does not have enough money to pay his or her caregiver, there may be other sources of payment. A long-term care insurance policy may cover family caregivers, for example. Also, there may be state or federal government programs that compensate family caregivers. Check with your local Agency on Aging to get more information.

Source:
Caregiver Contracts: A Growing Planning Trend for Families

Physician Named John Q. Hammons' Temporary Guardian

A veteran Springfield physician has been appointed to serve as temporary guardian of hotel magnate John Q. Hammons.

Dr. James Coulter, a board-certified pulmonologist and internal medicine specialist with 43 years medical experience, is now providing independent medical advice to the court about care for the ailing Hammons.

He also is deciding who can visit Hammons at the long-term care facility where Hammons has resided for nearly a year, according to a source with knowledge of Coulter's appointment.

[Greene County Probate Judge Michael]Cordonnier has closed the guardianship petition hearings to the public and also closed documents and records related to the case.

Full Article and Source:
Physician Named Temporary Guardian in Hammons Case

See Also:
Judge Moves John Q. Hammons Hearing to Nursing Home

Nursing Home for Criminals Concerns Neighbors

Most of us probably think of a nursing home as a place for elderly loved ones to get the care and help they need…not a haven for criminals sponging off taxpayers. But that's what FOX 4's Becky Oliver found in a community outside of Fort Worth.

It’s a serene, tidy little neighborhood on the shores of Lake Worth with parks, lakefront homes, and cottages where families have lived for decades. But there’s a cancer in the midst of the tranquility.

“My family has lived here since 1935 and it feels like we’re in jail, you know, because of these people,” said Kerry Gallagher.

There are about 50 of “these people” at the Lake Worth Nursing Home…registered sex offenders, convicted felons, and prison parolees, some labeled violent offenders by the Texas Department of Criminal Justice (TDCJ).

But these are not your typical nursing home patients confined to a wheelchair or bed.

“Sick, old people are fine in there, you know. Not these young 30 or 40 year old sex offenders down there. That’s ridiculous,” said Mary Cecil, who lives just down the street from the nursing home.

Full Article, Video and Source:
Nursing Home for Criminals Concerns Neighbors

56K Seniors Victims of Abuse and Neglect in Texas

It's a crime that reaches into thousands of homes... maybe yours... and often... people aren't even aware of it.

How bad is elderly abuse? Here are some numbers that demonstrate the problem.

More than 56 thousand Texans who are older than 65 were victims of abuse, neglect or exploitation in 2010.

About a thousand of those Senior Citizens were victims who lived in Jefferson County.

Dozens of people walked through downtown Beaumont...they held signs & chanted... to make people aware of the victims of elderly abuse.

“I think we made enough noises down the street we got people's attention,” said Angella Holland.

Full Article and Source:
56,000 Senior Citizens Victims of Abuse and Neglect

Senator Herb Kohl to Retire

Wisconsin Democratic Sen. Herb Kohl said he's not running for a fifth term in 2012.

Kohl has been unassuming in the Senate, often focusing on local issues. He serves as chairman of the Senate Special Committee on Aging, a key post for a state with a large elderly population.

Source:
Wisconsin Senator Herb Kohl to Retire

Canada: Judge Rules Institutions Trump Home Care for Elderly

British Columbia resident Kathleen Palamarek, an elderly widow and patient in the Broadmead Lodge nursing home in Saanich, a community in Greater Victoria on Vancouver Island, will remain there indefinitely, after a Canadian judge ruled Tuesday that institutional confinement trumps family living.

Mrs. Palamarek’s daughter, Lois Sampson, has spent three years trying to free her mother from Broadmead, to no avail. The ruling from B.C. Justice David Harris, coming more than two months after the end of a trial in which Mrs. Sampson brought in myriad legal and medical experts who questioned the quality of Mrs. Palamarek’s care and the advisability of her continued residence at Broadmead apparently puts an end to the case.

Among the issues raised by her daughter was the drug regimen Mrs. Palamarek was administered in the nursing home. Mrs. Sampson maintained, and expert witnesses testified, that some of the drugs had harmful side effects, especially for elderly patients including heart attacks or strokes.

Full Article and Source:
Granny Snatching: Canada - Judge Rules Institutions Trump Homes for Elderly

Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

A woman who was diagnosed as being brain dead has recovered three days after her husband begged doctors to put in a breathing tube before switching off a ventilator at an Australian hospital, the Northern Territory News reported Wednesday.

Gloria Cruz, 56, underwent brain surgery after a tumor was discovered when she suffered a stroke on March 7 and was rushed to the Royal Darwin Hospital in Darwin, Northern Territory.

Doctors told her husband Tani Cruz, 51, the case was “hopeless” and she would probably die within 48 hours following the surgery.

After two weeks, a breathing tube was inserted in Mrs Cruz's mouth and the ventilator was turned off. Hospital staff were stunned when she woke from her coma three days later.

When a doctor recommended that the ventilator be removed and Gloria Cruz be allowed to die, her husband told them, "I'm a Catholic -- I believe in miracles.”

Full Article and Source:
Terri's Fight: Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

SD Supreme Court Suspends Atty for Acting Improperly in Guardianship and Conservatorship Case

The South Dakota Supreme Court has suspended an Aberdeen attorney for 45 days for acting improperly in a guardianship and conservator case. The suspension begins May 27.

The American News reports that Tom Tobin did not contest the recommendation from the State Bar's disciplinary board. He did not immediately return a telephone call to The Associated Press on Tuesday seeking comment.

Tobin served as city attorney for Aberdeen from 1986-1999. The disciplinary board said he has been the subject of previous complaints and has been publically censured in the past.

Full Article and Source;
SD Supreme Court Suspends Aberdeen Attorney

1 in 7 US Facilities Cited for Infection Control Deficiencies

Estimated 400,000 residents die of infections annually.

Nearly one in seven nursing homes is cited for deficiencies in infection control practices each year, new research shows.

Infections are a leading cause of illness and death in U.S. nursing homes, claiming nearly 400,000 lives annually.

Before receiving reimbursement from Medicare or Medicaid, nursing homes must meet certain standards. Those that do not are issued deficiency citations.

A new study published in the May issue of the American Journal of Infection Control examined the deficiency citation records used in Medicare/Medicaid certification between 2000 and 2007. The data represented 96 percent of all U.S. nursing home facilities, according to the researchers from University of Pittsburgh's Graduate School of Public Health.

About 15 percent of U.S. nursing homes received deficiency citations for infection control every year.

Full Article and Source:
1 in 7 U.S. Nursing Homes Cited for Poor Infection Control

TX AG Supports Guardians for Mentally Impaired Jail Inmates

Texas Attorney General Greg Abbott told Tarrant County officials in an opinion this week that local courts do not have the authority to bypass appointing a guardian for mentally impaired jail detainees who refuse to take medication.

The Tarrant County district attorney's office had asked Abbott's office in August whether the Texas Health and Safety Code, subsection 773.008(2), authorizes a court to order emergency medical treatment of a local jail inmate.

In an opinion dated April 28, the attorney general's office said the code does not expressly say or imply that the courts can "order emergency medical treatment of local jail detainees."

Assistant District Attorney David Hudson said the issue comes up in only "a handful" of cases each year. One inmate refused to take medication for chronic medical conditions such as diabetes.

"We had a situation where the probate courts were trying to use this statute independent of any order," Hudson said. "There was a question of, Is that really appropriate? We were just trying to see what can and can't be done with this statute."

Full Article and Source:
Texas Attorney General Supports Guardians for Mentally Impaired Jail Inmates

'Probate Sharks' ... "WANTED!"... We Have Had Inquiries

We have had inquiries about the following list of attorneys, judges, guardians and other fiduciaries encountered by our viewers.

If you have any information on any of these individuals, please email us at verenusl@gmail.com or phone (224) 365-5770.

We would appreciate your input. This dynamic list will be updated frequently.

This list and any information gathered from it is being compiled for educational purposes and does not necessarily suggest untoward behaviour of those parties listed.
~~Lucius Verenus, Schoolmaster, ProbateSharks.com

Ingrid Babitsky...(IL)...Caregiver
Costigan Niedle...(IL)...Paralegal
Melanie Frazier...(IL)...Guardian
Miriam Solo...(IL)...Attorney (GAL)
David Martin...(IL)...Attorney (GAL)
Melinda Martin...(IL)...Attorney (GAL)
Lynne Kowamoto...(IL)...Judge
Jane Stuart...(IL)...Judge
Benjamin Topp...(IL)...Care Management
Sally Griffin...(IL)...Trust Officer
Janna Dutton...(IL)...Attorney
Morris Esformes...(IL, FL, NY)...Nursing Homes Owner
Moshe Faskowitz...(IL, FL, NY)...Rabbi
Pam Chwala...(IL)...RN (Case Manager)
Bruce Lange...(IL)...Attorney
Devon Bank...(IL)...Fiduciary
Tom Kleinhinz...(IL)...CEO Rehab Assist
Karen Bowes...(IL)...Attorney
Peter Schmiedel...(IL)...Attorney
Kevin Carter...(IL)...Agent for Rehab Assist
Cynthia Feranga...(IL)...Attorney (GAL)
Maureen Connor...(IL)...Judge
James Reily...(IL)...Judge
Joel Brodsky...(IL)...Attorney
Len LeRose...(IL)...Attorney (GAL)
Dawn Lewandowski-Keller...(IL)...Attorney
John Fleming...(IL)...Judge
Ruben Garcia...(IL)...Attorney (GAL)
Donita Link...(IL)...Nursing Home Administrator
Adam Stern...(IL)...Attorney GAL
Helen Grimaldi...(IL)...Elder Abuse Investigator for Catholic Charities

Source:
Probate Sharks: "Wanted"...We've Had Inquiries

Doctor's Involvement Encouraged in Elder Investment Fraud and Financial Exploitation Program

We have a special relationship with our doctors. We trust them and tell them intimate details about our lives. And doctors who see us regularly are likely to notice changes from visit to visit that might signal that all is not well.

That's why some regulators and advocates for the elderly are reaching out to primary-care physicians, hoping they will use their unique position to help spot when older patients — particularly those with mild cognitive impairment — are victims of financial fraud.

About half the states so far have signed on to the Elder Investment Fraud and Financial Exploitation program that aims to train doctors on the red flags of financial exploitation and gives them the information they need to refer patients for help.

The program is run by the nonprofit Investor Protection Institute and the Baylor College of Medicine.

Diagnosing financial fraud may seem an unlikely role for busy doctors. But finances are a health issue, say regulators and geriatric specialists. Elderly patients bilked out of their savings can be under heavy stress that causes their health to deteriorate or leaves them unable to afford medicine and regular visits to the doctor.

Full Article and Source:
Doctors Asked to Keep Eye Out for Elder Fraud

Elder Abuse, Neglect Rampant in U.S.

They say the disabled and elderly are Being prayed upon by the legal system, by crooked lawyers and courts Who they say scam millions of dollars by having older people declared Guardians of the courts depriving them and their families of their rights and taking their assets.

Protesting in front of the Justice Department, they met with a few members of Congress demanding something be done.



Video Source:
YouTube

Full Article:
Elder Abuse, Nelgect Rampant in US

MA: Senior Center Employee Admits Taking Money from 90-Year-Old Man

The former coordinator of social services at the Wilbraham Senior Center will agree to repay $50,000 she admits to taking improperly from an elderly client but wants her criminal record clear so she can receive her municipal retirement.

Bridget Wallace, 64, of Wilbraham, faces sentencing on Friday in Hampden Superior Court. A prosecutor is also recommending a $10,000 fine and a probationary term.

Wallace admitted in proceedings on Tuesday before Judge Peter A. Velis that she took the money over the course of a year from a man who went to the senior center in 2006 looking for help.

Lawyers said Wallace and the man became friends, and the evidence documented some 100 bank transactions.

It will be up to Velis to decide if he will support a request from Wallace’s defense team to have the charges of larceny by scheme of a person over the age of 60 and attempt to commit a crime continued without a finding so they can be dismissed when she completes a probationary sentence.

The prosecution wants the guilty pleas recorded and for Wallace to complete five years of probation in addition to the repayment and fine.

Full Article and Source:
Former Wilbraham Senior Center employee Bridget Wallace Admits Taking Money From 90-Year-Old Man

CBS Report: Gov't Finds Nursing Homes Misuse Anti-Psychotics

Anyone who's ever been through it will tell you that putting a loved one in a nursing home is one of the toughest decisions you'll ever have to make. You hope and pray your relative will be well-cared for.

But a troubling new report from the government finds that, all too often, nursing homes are giving antipsychotic drugs to patients who should not be getting them



Source:
Government Finds Nursing Homes Misuse Anti-Psychotics

Connecticut Lags in Funding to Fight Elder Abuse

A recent report by the Government Accountability Office shows Connecticut's budget for handling reports of abuse of the elderly and the state's rate of substantiating such abuse rank low among the states.

State officials say that may be because the Department of Social Services focuses on meeting victims' needs rather than investigating and punishing abuse.

"We try not to place blame. What we try to do is resolve the situation and remove the person from the abuse," said Pamela Giannini, director of the DSS aging services bureau. "Our top priority is to ensure safety and facilitate well-being."

She said other states have "more of a police mentality" about reported elder abuse, while Connecticut refers only serious cases of caregiver abuse or neglect, including physical injury, to law enforcement authorities.

Full Article and Source:
State Lags in Funding to Fight Elder Abuse

'The Moral Imperative'

Daily, I deal with a life left in ruins by Judge Randy Kennedy and his Seventh Circuit Court. Daily, Kennedy continues his ruin of lives systematically and methodically (well, as much of a method as he can muster; his corrupt way of dealing is quite easy to see through).

It’s a dark world you enter when thrust into his court. Kennedy has used the term “unconscionable” in every session I’ve ever attended (it’s probably a new word he just learned and can’t use it enough). Kennedy has no conscience. Even more so, he’s a danger to society and must be impeached immediately.

I would love to walk away and dismiss him and this experience from my memory as much as possible, but I’m constantly being made aware of abusive conservatorships going on in his court. In fact, I have yet to encounter one case where there is NOT a financial angle all tied to Kennedy and the probate bottom feeders called lawyers that surround him. No one has come up to me and expressed how grateful they are for Judge Kennedy and the conservatorship he put them in. NOT ONE. The ONLY voices that support him are attorneys that profit from his courtroom (you can find them on his campaign contribution file; stay tuned, we are going to target each attorney and make sure their names are forever synonymous with Kennedy who is now the face of courtroom corruption in Davidson County). With the first hand knowledge I have of the despicable acts perpetrated by this court, a moral imperative is imposed. What is going on in this court is unconscionable. I cannot remain silent while this court continues to flaunt it’s false sense of protection while ruining lives. Not to mention the corruption, racketeering and other crimes committed on a daily basis.

Let it be known, Judge Kennedy. 10,000 views and growing; without any effort other than those who have been moved to follow the moral imperative. We aren’t going away. That sound you’re hearing behind you? It’s the sound of your evil ways catching up. You will reap what you’ve sown… seventy times seven.

Source:
ImpachRandyKennedy: The Moral Imperative

Hearing in Jerry Eckwook Case Today

WHAT HAPPENED: Early this year, the NFL Player Care Foundation brought to Davidson County Probate Court concerns that former Tampa Bay Buccaneer running back Jerry Eckwood needed a conservator to manage his finances. Judge Randy Kennedy set a one-day hearing to get testimony from Eckwood’s friends, family and caregivers, and a temporary conservator is necessary.

THE BACKGROUND: Worries about Eckwood surfaced after a representative from the NFL Player Care Foundation came to Tennessee last year to see the former running back. Eckwood, who now lives in an assisted living facility in Franklin, played in the NFL from 1979 to 1981. 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, court records state.

WHAT NOW: Eckwood concedes that he needs help with his finances but believes his daughter, Jerval Watson, can help him. Eckwood told a court-appointed guardian that he wanted to live on his own and “get the NFL out of my business.”

WHAT NEXT: Judge Kennedy will hear from both sides at a 10 a.m. Tuesday hearing in probate court to make a decision in the matter.

Source:
Former NFL Player Jerry Eckwood's Case Resumes This Week

See Also:
Hearing Planned for Jerry Eckwood Conservatorship Battle

Michael Mastro "Competent Again"?

Michael R. Mastro is competent again.

The bankrupt former Seattle real-estate magnate suffered a head injury three months ago in a fall at his Palm Springs, Calif., home, prompting a bankruptcy judge to deem him incapacitated and appoint a guardian to represent his interests in court.

But the guardian, retired state Supreme Court Justice Faith Ireland, said this week her services no longer were needed.

U.S. Bankruptcy Judge Marc Barreca agreed Friday, meaning Mastro is considered competent and can be asked to testify.

Ireland's move came after James Rigby, the trustee seeking to recover assets for Mastro's many creditors in Washington's largest bankruptcy, asked Barreca to order an independent medical exam and turn over all Mastro's medical records.

Rigby has questioned for weeks whether Mastro, 85, was really incapacitated.

Full Article and Source:
Mastro Declared Competent to Testify in Bankruptcy Trial

Mastro Guardian Wants Out

Attorneys for bankrupt developer Michael R. Mastro and former state Supreme Court Justice Faith Ireland asked the court to release Ireland from her duties as court-appointed guardian for Mastro.

It was a surprising development — since Ireland earlier had agreed to represent Mastro throughout the trial, despite the possibility she would not be paid for her work. Reasons for the request were not given in the legal papers filed today in U.S. Bankruptcy Court in Seattle.

Ireland was appointed to represent Mastro after the developer was hospitalized for a head injury in February after falling off a ladder at his home in Palm Desert, Calif. Ireland late last month was able to reach a $7.1 million settlement with bankruptcy.

Full Article and Source:
Mastro Guardian Ireland Wants Out of the Case

See Also:
Judge Approves $7M Judgment in Mastro Case

Missing Our Mothers on Mother's Day

HOW CAN WE CELEBRATE
MOTHER'S DAY
WHILE OUR MOTHERS –
AND FATHERS –
ARE IN CAPTIVITY AS
GUARDIANSHIP VICTIMS???

STOP OUR COURTS FROM
PERMITTING GUARDIANSHIP
ABUSE AND THEFT
UNDER COLOR OF LAW.

www.StopGuardianAbuse.org

Iowa Task Force Forms to Fight Elder Abuse

A new task force has collected representatives from the top Bonner County elderly and specialized care, medical and law enforcement institutions to crack down on abuse against the vulnerable.

The Bonner County Elder/Vulnerable Adult Abuse Multi-Disciplinary Team, pulled together by Mary Jacobsen and Tamina Boonisar of Area Agency on Aging of North Idaho, held their first meeting as an official organization Thursday afternoon.

A group that includes representatives from local police and sheriff’s offices, the county prosecutor’s office, Bonner County EMS, Bonner County General Hospital, Bonner County Region 1 Mental Health, AAging Better In-Home Care, Panhandle Special Needs, The Bridge Assisted Living, Panhandle State Bank and Transitions in Progress, the task force aims to create a cooperative network to aid the county’s elderly.

“Our dream is that the various community agencies can muster together and make a difference in people’s lives,” Jacobsen said.

According to Jacobsen and Boonisar, elder abuse is on the rise nationally, but 85 percent of cases go unreported. That’s because the majority of abuse happens at the hands of close family, who often exploit their aging relative for financial gain. Since reporting that exploitation would effectively end their relationship with the family member, many seniors stay silent.

Full Article and Source:
Group Forms to Tackle Elder Abuse

Bill Targets On-Hold Wait Times for Reporting Elder Abuse

Police, bankers and doctors are routinely kept on hold for nearly seven minutes — and in some cases for more than an hour — when calling in required alerts of suspected elder abuse to San Diego County authorities.

But that may change if legislation becomes law permitting reports to be submitted through a confidential Internet system.

The state Senate Human Services Committee Tuesday unanimously approved the measure designed to reduce the time it takes for those required by law to report suspected elder abuse.

Reports are now filed by telephone and then converted into a report format, a costly and time-consuming process, according to Ellen Schmeding, San Diego County’s assistant director for Aging and Independence Services.

San Diego County law enforcement has rallied behind Senate Bill 718, carried by Senator Juan Vargas, D-San Diego.

Full Article and Source:
Bill Targets On-Hold Times for Reporting Elder Abuse

Press Release: Washington DC Protest 5/9/11

Press Release – May 4, 2011
Contact: Gloria 773/910-3310
info@helpbringgaryhome.com

Call to Action! CONSTITUTIONAL 9-11 PROTEST MARCH
WHEN: MAY 9, 2011
WHERE: Washington DC

America’s New Terrorist—Probate Courts, Guardianships and Conservators!

As Mickey Rooney, a victim himself, has become the voice of America’s elders—his words now memorialized on the House Committee on Aging—his cries reiterate and corroborate those of hundreds of thousands of America’s Elder Citizens, who are forced to suffer in silence to the abuses and exploitation imposed upon them by greedy family members, guardians and conservators, who, with the help of the judiciary, are free to rob our most vulnerable citizen’s of their assets, freedom and self-determination.

Mr. Rooney was lucky—his celebrity status brought Elder Abuse and Financial exploitation to the forefront of our attention. However, the voices of the men and women ‘objecting’ to forced Guardian and Conservatorships of their mothers, fathers, sisters, brothers, husbands, wives, and adult children, in an attempt to protect their loved ones Civil and Human Rights, have become the COLLATERAL VICTIMS and the new faces to Elder and Guardianship abuse. We are the men and women who ‘object’ to the churning of our loved ones estates, the forced isolation and involuntary drugging, the court sanctioned Elder abuses, including the loathing and disregard for of our Constitutional and Human Rights.

On Monday, May 9, 2011 many “collateral victims” will take to the streets marching side by side to show unity in their individual plights to save the lives of the people they love and demand equal protection under law and restoration of their Constitutional rights in Washington DC in order to bring attention to our Lawmakers the ever increasing Abuse and Exploitation of our elderly as well as the most vulnerable in our society: it’s the first of many reality checks that our Judicial System is broken, in some instances blatantly corrupt! This disruption of family life, the ending of the American Dream, and the seizing of our Golden Years and our hard-earned savings is what we define as Constitutional Terrorism against the very people the Judicial and Officers of the Courts took an oath to Serve and Protect.

Mr. Rooney cried, “I felt trapped, scared, used and frustrated. Above all, I felt helpless. *** My money was taken and misused. I was told it was for my own good and that it was none of my business.” Mr. Rooney’s final words were for the public audience, “Don’t let it happen to you”. This is what the “collateral victims” are going to represent on this day to MARCH against America’s New Terrorist—Probate Courts, Guardianships and Conservators.

Woman Denies Exploiting Elderly Person

An Bennington, N.H., woman pleaded not guilty in court to 16 counts of financial exploitation of a vulnerable adult.

Jodi LaClaire was a licensed nurses assistant employed at the Thompson House, an assisted living residence and nursing home in Brattleboro, from January 2008 to March 27, 2009.

On the same day one of the residents was rushed to the hospital, LaClaire allegedly began using the sick woman's credit card to make cash withdrawals totaling more than $4,000. All transactions, attempted and completed, were found to exceed $8,000, according to court documents.

Dane Rank, Thompson House administrator, said that to his knowledge, there have been no prior cases of exploitation at Thompson House.

"We do four background checks on all of our employees," Rank said, adding that Thompson House initiated the police investigation.

"It's our job to make sure that these people who can't defend themselves are kept safe and are cared for," Rank said.

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Woman Denies Exploiting Elderly Person