Thursday, June 30, 2011

Nicholas Cage's Son in Conservatorship Battle

Nic Cage might have been a "superhero" in "Kick Ass," but his ex-girlfriend certainly doesn't think he can take care of his son. Weston Cage's conservatorship battle between Christina Fulton, Cage's ex, and Cage, is heating up.

Weston, 20, a death metal singer, is currently in psychiatric evaluation after a fight with his personal trainer in early June, reports Contact Music.

Fulton is pursuing conservatorship of her son - but both Nic and Weston look to be against Fulton's actions.

Nic has issued a statement stating that he hopes that "Ms. Fulton will come to her senses one day and get some help. Weston is a man," reports celebrity gossip source TMZ. Weston also fired off a public statement saying that he is a "fully capable and self-sufficient adult" and that he does not want to be in contact with his mother - and that he "will never undergo the torment she put me through ever again."

Full Article and Source:
Nic Cage's Ex Wants Conservatorship: Son Needs Legal Guardian?

CT Editorial: Probate Judges Should Be Appointed

Several years ago, a proposal was put forth to consolidate the state’s probate court system, a controversial plan that drew sharp criticism from those within the system and considerable pressure on lawmakers from those unwilling to give up their turf.

But the handwriting was on the wall. Once parts of a self-sustaining system, the courts were losing money and the state could no longer afford the tens of millions of dollars needed each year to bail it out. It took two years to clear the Legislature, but the reforms were enacted and the consolidation from 117 districts to 54 took effect in January.

It was the right decision, and it has paid off. For the first time in six years, the state’s probate court system will not only end the fiscal year on June 30 in the black, but will also return more than $5 million to the state.

Selection process
As we noted in an editorial last year, it’s time to take the next step in reforming the court system by changing the manner in which probate judges are selected.

Probate judges are elected to four-year terms, which means they solicit contributions to run election campaigns every four years.

We believe probate judges should be appointed, not elected, and undergo the same rigorous vetting process used for all judges in our judicial system. The responsibilities of probate judges are far too important and sensitive to continue the practice of subjecting them to a political process in which the potential for inappropriate influence can arise.

Probate courts are responsible for more than just the administration of wills. These courts are responsible for adoptions, custody, visitation and other child care issues; guardianship for the mentally ill, the disabled and elderly; and making critical health care decisions for those unable to take care of themselves.

Full Article and Source:
Our View: Probate Judges Should be Appointed

Wednesday, June 29, 2011

Supreme Court Rules Against Estate of Anna Nicole Smith

The Supreme Court on Thursday ruled against the estate of Anna Nicole Smith in the latest chapter of the long-running saga over whether a Texas billionaire's alleged promise to give millions from his $1.6 billion estate to his young Playmate wife trumped a will that left his fortune to his son.

The high court ruled that a bankruptcy judge's decision giving millions to Smith from the estate of oil tycoon J. Howard Marshall was decided incorrectly because those judges do not have the constitutional right to reach outside of bankruptcy cases into a probate case.

Chief Justice John Roberts said in a 5-4 decision that the Constitution gives lifetime tenure to federal judges during good behavior and without diminution of salary.

Bankruptcy judges "enjoy neither tenure during good behavior nor salary protection," Roberts said. "We conclude that, although the bankruptcy court had the statutory authority to enter judgment on Vickie's counterclaim, it lacked the constitutional authority to do so." Smith's real name was Vickie Lynn Marshall.

Federal bankruptcy judges are appointed and can be removed by judges on the U.S. Appeals Court and their salaries are linked to that of federal judges. Bankruptcy judges serve 14-year terms.

The family of E. Pierce Marshall, son of J. Howard Marshall, cheered the decision.

Full Article and Source:
Court Rules Against Anna Nicole Smith's Estate in Battle for Deceased Oil Tycoon's Estate

Anna Nicole Case May Save Billy Preston's Legacy

They were each famous but of course didn’t know each other. Nevertheless, dead celebrity Anna Nicole Smith’s legal cases against her late billionaire husband, J. Howard Marshall and Marshall’s late son Pierce, may wind up helping deceased pop star and Fifth Beatle, Billy Preston. Both cases concern bankruptcy filings.

Preston’s estate has been embattled since his 2006 death over whether he intended to file bankruptcy in 2005. His business partner and manager Joyce Moore says he didn’t, that Preston was incapacitated and never even appeared in bankruptcy court or even had credit counseling.

The mandamus notes that the bankruptcy was filed on October 21, 2005. But on October 19th, Preston “embarked on a three day crack cocaine” binge that sent him into a three week hospital stay at the Mayo Clinic in Phoenix.

In depositions the lawyer who filed the bankruptcy, Richard Perlman, admitted that he didn’t speak to Preston when he filed the paperwork. The bankruptcy trustee, R. Todd Nielson, then changed the name on the case from William Preston Trust–which, as an entity, couldn’t file for bankruptcy–with just the name William Preston. There are serious accusations that Preston’s name was forged on paperwork.

The resulting legal cases have gotten so out of hand that Bruce Fein, the respected Washington lawyer who represents Moore, has now filed something unique in he US Appeals Court, 9th district–a writ of “mandamus.” He’s asking the court to throw the whole case out, based on a list of mistakes of law made by the court or by the bankruptcy and Judge Theodor Albert.

Fein writes: “The tragi-comedy has featured Kafkaesque and Orwellian bankruptcy scenes that this Court should bring to a close in the name of justice.”

Full Article and Source:
Anna Nicole Smith Case May Save Billy Preston's Legacy

Tuesday, June 28, 2011

Corruption of the Judiciary: Where do We Go for Help?

Since posting my article on the current condition of our judicial system, I have received numerous emails and phone calls from individuals across the country. Based on these continuing communications I have concluded that the average citizen is in far more danger stepping into a court room of any kind, than from any commonly recognized criminal activity on the street. At least with a street criminal you stand a chance of defending yourself.

Many of the people who contacted me spoke of going so far as to meet with the FBI in the hopes of getting an investigation launched into the criminal conduct of not only judges, but also of state agency actors who, acting under the auspices of their offices repeatedly violated not only the law but the civil and lawful rights of individuals. Many of these actors believe they are immune from prosecution due to the office they hold. While the office itself may be immune, the individual occupying it can be held personally liable under a constitutional tort. This can be intentional or negligent. These tort claims hold the official directly and personally responsible for their actions; which is exactly why “tort reform” is high on the agenda of things to get done, in the District of Criminals.

In absolutely every case, without exception, of those who approached the FBI in their respective states, a stock answer was delivered to those hopeful for some kind of help from this agency.

Full Article and Source:
Corruption of the Judiciary: Where do We Go for Help?

Iowa: Guardian Appointed for Accused

Polk Country authorities, who appear legally unable to either prosecute accused killer Santos Rodriguez or involuntarily confine him to a mental hospital, moved to a third option - appointment of a legal guardian who will have the power to place Rodriguez in a group home or nursing home.

Polk Country Judge Ruth Klotz appointed Des Moines psychiatric nurse Robin Van Camp to find at least a temporary home for Rodriguez in light of what's expected to be his release from the Polk County Jail early next week.

Lawyers say Rodriguez, jailed since his SUV struck and killed an Iowa Air National Guardsman following an attempted gasoline theft in September 2009, is mentally incapable of understanding those still-pending criminal proceedings due to a 1999 brain injury. Court papers filed by a public defender in Rodriguez's vehicular homicide case demand an immediate dismissal of criminal charges based on an expert's finding that "there is no reasonable probability that the defendant will be restored to competency in a reasonable amount of time."

Judge Robert Hutchison has told attorneys that he plans to rule on the competency issue by Tuesday.

Full Article and Source:
Guardian Appointed for Accused Driver

Monday, June 27, 2011

Oversight Found Lacking for Guardians

A former corporate guardian who police say stole from elderly and disabled Outagamie County residents operated within an oversight system that relied largely on his word, The Post-Crescent has found.

In records he was required to file with the county, Jeffrey M. Schend neglected to report client assets and inaccurately reported spending and money received, leaving him room to siphon away hundreds of thousands of dollars, according to an attorney hired to investigate Schend's dealings.

State law doesn't require officials to closely audit a guardian's records.

The suspected thefts went undetected for about six years before clients and their caregivers raised red flags, the attorney found.

System based on trust:
State law generally requires guardians to provide an annual form listing a client's beginning asset balance, expenses for the year and assets at the close of the year. The numbers need to balance to gain court approval.

Full Article and Source:
Oversight Found Lacking for Guardians

Editorial: Judicial Board Must Prove Itself

AS WITH CROOKS and quacks in other professions, Pennsylvania’s misbehaving judges should be held accountable by an oversight group – a watchdog with both the ability and the inclination to dole out discipline.

Presumably, that’s the job of the state’s Judicial Conduct Board.

However, as became so painfully obvious in the wake of Luzerne County’s “kids for cash scandal,” the board apparently lacks the tenacity and the teeth to reliably deal with wayward jurists. In the now-infamous instance involving Luzerne County’s courthouse, the board bungled its response to allegations of case fixing and questionable changes in the handling of juvenile cases.

Ultimately, three former county judges either pleaded guilty to, or were convicted of, public corruption charges. If the conduct board had intervened, critics reasonably ask, might these judges have been brought to justice sooner, sparing damage to the institution and individuals who passed through their doors?

Last week, a Philadelphia-based advocacy group called Pennsylvanians for Modern Courts released a report calling for several sensible changes to the Judicial Conduct Board’s operations. The board’s viability, linked in no small way to its credibility among the public, is dependent on adopting many of these changes.

Among them:

• Clarify procedures for the emergency or temporary removal of a judge while a complaint is being investigated, if warranted by allegations of serious bench misconduct.

• Institute a reconsideration process for dismissed complaints, requiring that new evidence be presented before the board will give a complaint a second look. Currently, the board has no reconsideration or appeal procedure.

• Communicate more directly with those people who have filed a complaint about its status.

• Implement term limits for board members.

• Spell out and strengthen rules governing conflicts of interest and recusal.

The Judicial Conduct Board must embrace these sorts of improvements to regain not only the public’s trust in its abilities, but also in the integrity of the court system. By failing to do so, it portrays itself as a lap dog – on the scene but essentially useless.

Source:
Judicial Board Must Prove Itself

Sunday, June 26, 2011

Huguette Clark's Will

A last will and testament for the reclusive copper heiress Huguette M. Clark was filed Wednesday afternoon in Surrogate's Court in New York City, leaving most of her $400 million fortune to charity — and $1 million to her financial advisers even as a criminal investigation of the handling of her money continues.

The nurse who took care of her for two decades will receive about $30 million after estate taxes. She had been randomly assigned by an agency to care for Clark in about 1991.

Not a dime was left to Clark's relatives, who are likely to challenge the will in court. Nothing was left to anyone associated with Butte, the Montana mining town where her father made his first millions in copper mining. And nothing goes to the various Clark charities that her father had established for women and orphans.

Clark's will leaves $500,000 to her attorney, $500,000 to her accountant (despite his felony conviction and status as a registered sex offender), both of whom are the subject of a criminal inquiry related to their handling of her finances. The will also names the men as her co-executors, making them eligible to collect fees for handling her estate.

A criminal investigation continues, with the Manhattan district attorney looking into her financial affairs, which are handled by attorney Wallace "Wally" Bock, 79, and her accountant, Irving H. Kamsler, 64, who pleaded guilty in 2009 to a charge of attempting to send indecent materials to minors.

Full Article and Source:
Heiress Huguette Clark's Will Leaves $1M to Advisors

See Also:
The Late Huguette Clark Victim of Elder Abuse?

Abuse in FL Assisted Living Facilities

When Randy Trout began looking for an assisted living facility for his mother, Alva, he took care to find a place that was clean and pleasant, so his mother would be comfortable. He thought he’d found that, but then a series of events at the facility made him worry.

Eventually, his mother died, and Randy, a former police investigator, became convinced that neglect at the assisted living facility played a role. It is one of a number of cases uncovered in an investigative series by the Miami Herald and WLRN. Carol Marbin Miller is one of the reporters on that investigation. She says the case of Randy Trout’s mother is not uncommon. Her reporting shows that the state is doing little to regulate assisted living facilities in Florida.

Full Article and Source:
Abuse in Assisted Living Facilities

See Also:
Neglected to Death, Part Two

Saturday, June 25, 2011

Community Rallies in Lisa Arnold Custody Battle

A formerly homeless mother battling for custody of her child with Down syndrome was described as neglectful, abusive, a shoplifter and a hoarder by her estranged older daughter in court Tuesday.

Sandra Kohler, 39, testified that her mother, Renee Arnold, beat her when she was a child and neglected to take her to the doctor even though she suffered seizures.

“I helped her shoplift when I was a child,” Kohler said in court. “It didn’t occure to me until later on that I was exploited.”

Davidson County Probate Judge Randy Kennedy kept the court hearing going until 9 p.m. But with a dozen more potential witnesses, Kennedy said the case would resume on July 25.

The custody battle over Lisa Arnold, 20, who has the mental capacity of a 3-year-old, started in January after a group of good Samaritans filed a court petition stating concerns over her safety.

Renee Arnold, also known as Renate Arnold, and her disabled daughter peddled The Contributor, a publication written and sold by the homeless and formerly homeless, at the Brentwood exit off of Interstate 65 and at other locations.

Conservator named
The court granted conservatorship of Lisa Arnold to Belinda Mitchell, a caseworker with The Arc of Davidson County, a nonprofit that helps the disabled.

Full Article and Source:
Community Rallies on Both Sides of Custody Case Involving Grown Daughter with Down Syndrome

See Also:
TN Mom Fights to Regain Custody of Disabled Daughter

Rest in Peace, Peter Falk

Legendary "Columbo" star Peter Falk has died at the age of 83.

Falk "died peacefully at his Beverly Hills home in the evening of June 23, 2011," a rep tells KTLA.

The actor had been suffering from dementia and Alzheimer's disease, according to his adopted daughter, Catherine Falk.

In 2009, a judge established a conservatorship for the ailing actor after a court battle between Catherine and Falk's wife of 34 years, actress Shera Danese Falk. His wife was appointed conservator.

Full Article and Source:
Columbo Star, Peter Falk, Dead at 83

See Also:
"Columbo" Placed in Conservatorship

MI State Senators Unveil Bills to Protect Elderly

Bills to crack down on elder abuse are making their way through the state Senate. Senator Tonya Schuitmaker (R-Lawton) is leading the charge to protect older Michiganders after a man in her district was stripped of his life savings by people claiming they were doing home improvements at his house.

Senator Mike Nofs, a retired State Police Trooper, said the state owes it to older residents to pass laws to make them safer. He has introduced a bill allowing elder abuse victims to testify in court on video to avoid being intimidated by the legal process.

Source:
State Senators Unveil Bills to Protect Elderly Michiganders

Friday, June 24, 2011

'The Judicial System: Closed Union Shops Violating Your Rights'

There are few people these day still having any illusions about the corruption in our judicial system. As we have seen and heard, our courts are the last place to find justice or to see the rule of law applied. Our courts, once the last line of defense in legal matters, have become nothing more than government sanctioned racketeering. Reports of judicial misconduct in virtually every court system in the nation, is not only on the rise, it is being condoned by the silence of the Department of Justice, congress and state governments. Even SCOTUS decided that the corruption of the lower courts was not worthy of their superior and divine attention due in part to the high level of corruption in its own court.

They are running closed union shops
The term “closed shop” is used to signify an establishment, trade or skill which employs only members of the union. Our courts are closed union shops which are now actively writing new rules (lawmaking) to prevent anyone other than BAR union members from accessing the courts.

Full Article and Source:
The Judicial System: Closed Union Shops Violating Your Rights

Disability Caregivers Struggling Financially, Emotionally

A nationwide survey of caregivers of those with developmental disabilities is offering new evidence this week of the hardships many families face in accessing support services.

The results of the survey released Tuesday in a report from The Arc show one in three families are on waiting lists for some type of government-funded service — ranging from personal assistance to respite care and housing — and they’re likely to remain in limbo for an average of over five years.

The survey, which was conducted last year, culled responses from nearly 5,000 caregivers from across the country.

Most adults with developmental disabilities are living with their parents and have no alternate housing plans for the future, the findings indicate. The majority lack high school diplomas and 85 percent are unemployed.

Their parents are feeling taxed financially and emotionally. One in five families said someone had to quit their job in order to provide care. And more than 80 percent of caregivers said they put their own retirement in jeopardy because they used savings to fund services for a loved one.

What’s more, the vast majority of caregivers report feeling tired and stressed some or most of the time. Nearly half say they have more caregiving responsibilities than they can handle, according to the report.

“The future is uncertain for these individuals and their families,” said Peter Berns, CEO of The Arc, who called the situation a “train wreck waiting to happen.”

Source:
Disability Scoop: Disability Caregivers Struggling Financially, Emotionally

See Also:
Still in the Shadows With Their Future Uncertain

Thursday, June 23, 2011

Ward Hit With $18,000 Tax Bill

An elderly man missing nearly $168,000 from his estate after he went into guardianship under Jeffrey Schend is liable for more than $18,000 in taxes and penalties after bills came due and went unpaid under Schend’s watch, records show.

The Wisconsin Department of Revenue last year issued two tax warrants on a 78-year-old man for unpaid state income taxes, interest and penalties. Schend was in control of his affairs when the bills came due. The man’s missing funds are part of the criminal case against Schend, who’s charged in Outagamie County Court with six felony theft counts and one count of misdemeanor theft.

Tax warrants are liens that allow the state to collect money from wages and assets.

Wisconsin statutes on guardianships specifically cite tax payments among the responsibilities of those appointed to handle an incompetent client’s finances.

Statutes say guardians are to pay legally enforceable debts of their clients, “including by filing tax returns and paying any taxes owed, from the ward's estate and income and assets.”

“The guardian of estate of an individual would certainly have the fiduciary responsibility to attend to any tax-related issues on behalf of the ward,” said Aaron Janssen, an attorney for Outagamie County.

Full Article and Source:
Elderly Man Liable for $18,000 in Overdue Taxes From Money Missing After He Went into Guardianship Under Jeffrey Schend

Court Investigator Placed on Leave

Donald D. Gaudio Jr. has again been placed on unpaid administrative leave from his job as deputy clerk and guardianship investigator with the Mahoning County Probate Court.

Judge Mark Belinky of the probate court put Gaudio on leave, effective immediately, in a Thursday afternoon judgment entry.

The leave is effective pending completion of a county sheriff’s department investigation of a verbal altercation, in which Gaudio, 49, of Boardman, allegedly threatened to punch Samuel M. Moffie, a 51-year-old Boardman businessman, in the face.

The altercation occurred just before the 1 p.m. Wednesday swearing-in ceremony for Daniel R. Yemma as county treasurer in the county courthouse rotunda.

Source:
Mahoning Co. Probate Court Investigator Placed on Leave

Wednesday, June 22, 2011

Jeffrey Schend's Bond Reduced

A former Appleton guardian accused of stealing from elderly and disabled clients is expected to post bail after reaching a bond agreement with Outagamie County prosecutors.

Judge Mark McGinnis today reduced Jeffrey M. Schend’s bond following the agreement, which required Schend to waive his right to a preliminary hearing. McGinnis reduced the $100,000 cash bond to a $10,000 cash bond and a $40,000 property bond based on equity in the home owned by Schend’s mother.

Had the preliminary hearing moved forward, prosecutors would have called witnesses to try to show sufficient evidence that Schend had committed a felony.

Because Schend waived the preliminary hearing, McGinnis allowed the case to move forward without evidence of probable cause. In the next stage of the case, Schend will enter pleas to six felony counts of theft and one misdemeanor theft count. He’ll return to court for an arraignment hearing Aug. 1.

Full Article and Source:
Judge Reduces Bond for Jeffery Schend, the Guardian Accused in Theft Case as Part of Deal With Prosecutors

See Also:
Jeffrey Schend Planned to Move to Arizona

Trouble's Death Kept Quiet

There’s pampered, and there’s pampered, and then there was $12 million Trouble pampered.

It’s been kept mum, and no one knows why for sure. Maybe it’s because the family didn’t want to bring it up, or have to deal with the inevitable gossip buzz it would surely create, or maybe it’s because certain disinhertited family members with a distaste for Trouble didn’t want to face old wounds again.

Probably because it just plain wasn’t worth the Trouble.

Whatever the reason(s), A Helmsley family heiress passed away at the ripe old age of 12 way back in December, and the world only learned of it this month. That’s right- 12. But that’s around 84 in dog years, if one can really consider Trouble Helmsley a ‘mere dog.’

Obviously, billionaire real estate tycoon Leona Helmsley and Trouble her super-pampered Maltese didn’t think so. When Leona Helmsley passed away in 2008, she left a hefty sum inheritance of $12 million to ensure a comfortable life for her pet.

Full Article and Source:
Trouble - the $12 Million Dog Death Kept Secret

Tuesday, June 21, 2011

Jeffrey Schend Planned to Move to Arizona

Jeffrey Schend, a former guardian accused of stealing from elderly and disabled clients, was just a month away from moving to Arizona when police moved in for the arrest in May.

Months of investigation into Schend's practices put an end to his 6-year-old business and landed him in jail. And questions continued to mount as he and family members waited for their Appleton residence to sell.

Schend became a corporate guardian in 2004 and was entrusted to make decisions for people courts found unable to handle their own finances.

Schend was investigated from two sides. The state Department of Health Services started hearing complaints in October that Schend didn't pay for rent, groceries and other bills on behalf some of his clients. They stripped him of his authority to practice in April. Outagamie County received its own complaints in fall.

In Appleton, a county-appointed investigator working independently of the state pored over financial records in April and determined about $500,000 was missing from some of those he was appointed to protect.

Full Article and Source:
Investigator: Ex-Guardian Jeffrey Schend Was Trying to Leave State

Jeffrey Schend Seeks Lower Jail Bond

Judge Rules Britney Spears Doesn't Need Psych Eval

Britney Spears will not have to undergo an independent psychiatric evaluation. Britney's former manager Sam Lufti had asked for the evaluation to help in his defamation lawsuit against her parents. However, a Los Angeles Superior Court judge has denied the motion, saying that it would infringe upon sealed orders from the judge responsible for her conservatorship.

The judge also denied a request to obtain child visitation reports and drug tests from 2008, which Lufti said would prove that he wasn't slipping Britney drugs back when he was her manager.

Source:
Judge Rules Britney Spears Doesn't Need Psych Evaluation

Monday, June 20, 2011

AZ: Reform Weighed to Protect Life Savings

Arizona Probate Courts could start managing incapacitated individuals' health care and finances based on how much money they have and how long they expect to live if the Supreme Court accepts recommendations in a report being presented next week.

A committee weighing Probate Court reforms is calling for new rules to reduce fees, strengthen accountability and protect the assets of people deemed too ill to care for themselves.

Chief among recommendations in the committee's final 432-page report is a requirement that judges conduct "sustainability" reviews weighing potential future costs against existing assets.

If adopted, the change means the courts would - for the first time - consider how much money someone has when deciding how much of that money to spend on care and other services.

The current lack of attention to available funds has led to cases of people's assets being drained to pay for the services of court-appointed lawyers or fiduciaries, which manage an incapacitated person's health care or finances.

The probate-reform committee, made up of judges, lawyers and fiduciaries, was formed last year by Arizona Chief Justice Rebecca Berch following accounts in The Arizona Republic detailing how people placed under the court's protection were billed for hundreds of thousands of dollars in attorney and fiduciary fees.

Judges charged with overseeing the cases rarely stepped in to limit the fees.

The committee's report will be presented Monday to the Arizona Judicial Council, a panel of the state's top judges that establishes statewide court rules and sets the court's legislative agenda.

Other committee recommendations would establish fee guidelines, require court-appointed lawyers and fiduciaries to submit budgets, create a training program for probate judges and implement new processes for monitoring incapacitated adults under the court's care.

Some say these combined methods have never before been tried in any Probate Court and represent a new way of doing business.

Full Article and Source:
Reform Weighed to Protect Life Savings

Retired Judge Loses Appeal of Son's $1.25m Bequest to Library

The Pennsylvania Superior Court has rejected an appeal from a former Lancaster County judge who claimed his late son's decision to leave his $1.25 million estate to the Lancaster Public Library, instead of his family, was a product of an "insane delusion."

In its June 6 ruling, the court affirmed the ruling of a specially appointed judge who decided last July that the late Thomas Bucher — a former county parole officer and the son of retired Lancaster County Court of Common Pleas Judge Wilson Bucher — had based his decision to disinherit his family on familial acrimony, and possibly a belief that he'd been "kicked out" of the family by his father.

Thomas Bucher died of a self-inflicted gunshot wound July 20, 2008, at the age of 59. Earlier versions of his will left his estate — which included property given to him by his parents — to his family. The Bucher family said it was unaware Thomas had changed his will in 2003 to name the library as the sole beneficiary until the will went to probate in August 2008.

Full Article and Source:
Retired Judge Loses Appeal of Son's $1.25 Million Bequest to Library

Sunday, June 19, 2011

Missing Our Fathers on Father's Day



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


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

www.StopGuardianAbuse.org

Guardian Recommended for L'Oreal Heiress

Doctors have advised appointing a guardian to oversee the affairs of the 88-year-old L'Oreal heiress, a French newspaper said today, in a twist to a legal feud that could affect the running of the cosmetics giant.

Le Monde daily cited medical assessments carried out in November and filed with a French court last month as saying that Liliane Bettencourt, Europe's richest woman, was suffering a "degeneration in her mental and physical faculties".

L'Oreal declined to comment on the report. It was confirmed, however, by lawyers for the billionaire's daughter, Francoise Meyers-Bettencourt, who has tried to have her declared a ward of court.

Bettencourt, ranked by Forbes as the world's 15th-richest person, said in an interview with weekend newspaper Le Journal du Dimanche on Sunday that she was in fine mental health and said she was more concerned about her daughter's condition.

The Bettencourts hold a nearly 31 percent stake in L'Oreal and the dispute has raised questions over the long-term solidity of the family as a core shareholder. The case also sparked a political funding investigation last year.

Legal sources said it was unclear at this stage how the case could proceed and said France's highest court was due to meet on June 20 to decide whether a wardship judge can appoint a custodian.

Full Article and Source:
Guardian Recommended for L'Oreal Heiress

Man Accused of Stabbing Guardian Found Mentally Incompetent

A Sonoma County Superior Court judge ruled that a man who allegedly stabbed his guardian in April is mentally incompetent to stand trial for attempted murder.

Judge Robert LaForge had earlier suspended criminal proceedings against 20-year-old Micah Hughes pending a psychiatric exam.

Hughes was charged with the attempted murder of 51-year-old Mitchell Davis, who was stabbed 10 to 12 times in a vehicle in unincorporated Sonoma County around 7:15 p.m. on April 30.

Hughes will have another mental health evaluation before a hearing on July 22 to determine the mental health hospital to which he will be sent.

Full Article and Source:
Man Accused of Stabbing Guardian Found Mentally Incompetent

Saturday, June 18, 2011

Errors May Doom Arizona's Fiduciary Help to Veterans

When Arizona veterans become too ill to manage their own health needs or finances, they are able to turn to the Arizona Department of Veterans' Services for help.

For more than three decades, the department has served as guardian or conservator for hundreds of veterans at a fraction of the cost charged by many of the state's private, for-profit fiduciaries.

But a state report by the Office of the Auditor General released this week said the department should stop offering fiduciary services, which is one of two such programs in the country.

In a sobering 44-page report, the auditor general found that the department's fiduciary program costs the state $508,000 annually and suffers from mismanagement problems resulting in complaints and increased legal costs.

The auditor recommended phasing out the program over the next three years.

The report's conclusions, however, have left some veterans voicing concerns about the lack of options available if the state shuts the program down.

The department is currently managing 260 fiduciary cases. A typical client is a male in his late 60s or 70s and a veteran of the Korean or Vietnam wars. The total value of his assets is $30,000 to $60,000.

A department spokesman said Wednesday that no decision has been made about whether to cut or save the program.

A 2010 review of 15 client files by the Arizona Supreme Court, which licenses and regulates fiduciaries, found 14 problems. Those included an inaccurate inventory of client assets, incomplete client records, inaccurate court reports, inaccurate accounting and untimely court filings.

As a result, the court restricted the department from taking on new cases for six months and then put a limit on the number of new cases this year.

The problems also resulted in two formal complaints being filed with the court against the department, which cost more than $65,000 in legal fees.

"The operational problems . . . are serious because they involve the department's fiduciary responsibility to undertake for another person a special obligation of trust and confidence," the auditor's report said. "Left uncorrected . . . the department cannot ensure that it is properly serving and protecting its clients."

In a 2009 case cited by auditors, the department did not discover that one of its clients had died for three months. As a result, the department paid out $1,600 in rent to a New Mexico hotel and wrote checks for $1,000 that were cashed by an unidentified person.

Full Article and Source:
Maricopa County Probate Court: Errors May Doom State's Fiduciary Help to Veterans

Man Charged with Neglecting Mentally Ill Wife to Death

A Manassas Park man indicted on charges that he neglected his mentally ill wife to the point of her death is scheduled to stand trial in October.

Barry J. Karsh was indicted by a grand jury on charges of abuse and neglect of an incapacitated adult. Jennie Karsh who was found dead in her home on Aug. 11 by emergency personnel who responded to the residence.

A hearing brief court hearing was held on the matter Friday in Manassas and the case was continued until Oct. 24, the day Karsh's trial is to begin.

Manassas Police said Jennie Karsh was found in her bed in very poor physical condition and appeared to weigh less than 90 pounds.

Karsh suffered from a mental illness and was taking medication for it, according to a search warrant affidavit. She was being cared for her by the suspect, her estranged husband, investigators said.

It looked as if Karsh hadn’t been kept cleaned or taken care of physically.

Officers investigating Jennie Karsh’s death spoke to social services employees who said that the suspect had inquired about how to get his wife committed.

They, in turn, gave him instructions on how to become his wife’s legal guardian.

The suspect told police he’d tried to obtain guardianship over his wife, but her daughter wouldn’t let him, according to the affidavit.

The victim’s daughter told police the suspect’s statement about her wasn’t true and that she had actually offered to pay for an attorney and help him with the guardianship process, but the suspect hadn’t followed through.

Full Article and Source:
Man Charged With Neglecting Mentally Ill Wife to Stand Trial in October

Friday, June 17, 2011

In Whose Best Interest?

The law of unintended consequences... Alarming truths, major Issues associated with guardianship. Stakes are extremely high in guardianship proceedings, a legal process in which judges can declare someone to be mentally incapacitated and transfer rights over all assets and basic life decisions to a guardian.

Source:
YouTube: In Whose Best Interest?

Violated: 'Broken' System Fails Elderly Abuse Victims

Federal records show Minnesota has fallen short in its handling of complaints about abuse of elderly and vulnerable adults.

In the last year of her life, as her health faded at an Albert Lea, Minn., nursing home, Opal Sande became a target.

For months, the 89-year-old grandmother, blind and suffering from Alzheimer's disease, was tormented by workers who abused her and 14 other residents. According to court documents and state records, workers pinched nipples, rubbed crotches and got in bed with some residents to simulate sex. They also spit in some residents' mouths and covered their lips to prevent them from screaming.

Last month, a court-ordered arbitrator blamed the Good Samaritan home for failing to prevent what he called a "sordid, sad, shameful story" of abuse.

"I roll this over in my mind all the time," said Sande's daughter, Myrna Sorensen. "Why did I put her there? Why did they do that to her?"

The 2008 case is part of a broader problem across Minnesota, where 2,000 providers are entrusted to care for thousands of elderly and vulnerable adults.

In the past six years, according to records reviewed by the Star Tribune, state regulators have substantiated 273 cases of abuse and exploitation at nursing homes, assisted-living facilities and in-home care agencies.

In 381 other cases of suspected abuse and exploitation -- including 96 reports of sexual abuse -- the state was unable to prove that misconduct took place, even though regulators found some evidence of wrongdoing in almost two-thirds of those investigations, records show.

Federal officials have repeatedly faulted Minnesota for how it reviews complaints of abuse and neglect. Twice in the past four years, federal records show, state regulators did not properly investigate 40 percent of reported complaints.

"Something is broken," said Deb Holtz, the state's ombudsman for long-term care.

Holtz said there's a "general sense of frustration" among advocates for the elderly that so many cases of reported abuse go unpunished.

In nursing homes and other care settings across the state, workers have harmed residents in a multitude of ways. They yelled at them and reduced them to tears with threats of punishment. Residents were slapped and punched, sometimes hard enough to cause bruising or bleeding. Workers stole checks, credit cards and jewelry. In at least 17 cases, victims were sexually abused.

State Health Department officials said they could have been more aggressive in some cases.

Full Article and Source:
Violated: 'Broken" System Fails Elderly Abuse Victims

Thursday, June 16, 2011

Jeffrey Schend Seeks Lower Jail Bond

An Outagamie County judge on Tuesday postponed the preliminary hearing for a former Appleton guardian accused of stealing hundreds of thousands of dollars from his vulnerable clients.

Jeffrey M. Schend, 44, had been scheduled to appear in court today for the hearing on six felony theft counts and one misdemeanor count of theft. Judge Mark McGinnis rescheduled his appearance for June 20. Preliminary hearings are held in felony cases and require prosecutors show sufficient evidence that a felony-level crime occurred.

Assistant Dist. Atty. Kyle Sargent sought the postponement based on his participation in a trial in a different court branch. The complexity of Schend's case would have made it difficult for Sargent to rely on another prosecutor to handle the hearing, he wrote in a Friday petition to the court.

Schend was last in court on June 2 and was denied a county-appointed lawyer. Schend, who argued he didn't have the money to hire a lawyer, has since retained attorney Michael Petersen to handle his case.

Petersen filed a motion Tuesday asking for modification of Schend's $100,000 cash bond.

Schend remains in the Outagamie County Jail.

Full Article and Source:
Jeffery Schend, a Guardian Charged in Theft From Clients, Seeks Lower Jail Bond

See Also:
Jeffrey Schend Denied Court-Appointed Lawyer

Red Flags Raised for Years Over Vulnerabilities in Guardianship Program

Woman Found in FL Freezer

For six years, Allan Dunn kept dodging judicial reviews of how he was caring for his incapacitated wife, over whom he had been appointed guardian.

When forced to account, he painted a bleak portrait of a woman confined to her bed, someone he slavishly tended, including changing her diaper and turning her to fend off bedsores.

For most of that time, authorities think, Margaret Dunn was dead — her body stuffed into a freezer on the porch of the couple's Sun City Center condominium.

Allan Dunn committed suicide in August at age 86.

A body thought to be that of Margaret Dunn was found last month when the woman overseeing Dunn's estate and her sister went to clean the condo in preparation for listing it for sale.

Authorities think Dunn hid the body so he could continue collecting some financial benefit, although they have not specified the source of the money.

A preliminary autopsy determined the woman was about 78 when she died of natural causes, likely in 2000. She was wearing a diaper.

Full Article and Source:
Woman in Freezer About 78 Years Old

Wednesday, June 15, 2011

'The Adele Chris Act'

Read proposed legislation submitted by Marked for Destruction's author, John Caravella, to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a Model Law" to combat abusive guardianships: The Adele Chris Act


View the May 25, 2010 Subcommittee Hearing

Contact the Committee and voice your support

What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare -- a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele's life was going terribly wrong and dedicate themselves to freeing her from captivity. “Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

Source:
MarkedForDestruction.com


A Free Gift From Adele's Neighbors - Read 'Marked for Destruction' online

Tuesday, June 14, 2011

Probate Sharks "Travesty of the Week Award"

Travesty of the Week Award goes to Judge Lynne Kowamoto for "allowing a mentally disabled person to be guardian of a 99 year old disabled ward."

Source:
Probate Sharks

PA Nursing Home Bill Clears Senate Panel

Long-term care nursing homes would have another avenue to challenge state findings of deficiencies or safety violations under a bill approved unanimously Wednesday by a Senate committee.

The measure by Senate President Pro Tempore Joseph Scarnati, R-25, Jefferson County, gives nursing homes the option to participate in an independent review process to resolve disputes with the Health Department.

Under the bill, a nursing home could hire a firm that specializes in quality monitoring of health care if it wants an independent review. The home would select the firm from a list maintained by the Health Department. The other option is for the nursing home to participate in an existing dispute resolution process run by the department.

Scarnati told members of the Senate Aging and Youth Committee his measure is a "common-sense" proposal that won't cost the state money yet addresses issues stemming from the Health Department having multiple roles in nursing home oversight.

"The Department of Health is both the judge, jury and prosecutor," he added. "It (bill) gives nursing homes a fair shot at addressing the complaint."

Scarnati said any independent recommendations made through this process would only be implemented upon approval of the Health Department. The measure requires the department to provide a written explanation if it disagrees with a recommendation that reverses a finding of deficiency.

Full Article and Source:
Nursing Home Bill Clears Senate Panel

Indiana Supreme Court Removes Convicted Lawyer From Rolls

Convicted of stealing from his clients and sentenced to more than five years in prison, Daniel Serban is no longer an attorney.

The Indiana Supreme Court accepted his resignation from the Indiana bar Friday and immediately removed him from the roll of attorneys, according to court records.

In May, Serban, 54, was sentenced to prison after he admitted to stealing money from his clients’ trust fund accounts. He pleaded guilty to charges of corrupt business influence and theft. Allen Superior Court Judge John Surbeck sentenced Serban to 5 ½ years in prison and an additional 5 ½ years on probation.

Serban will also have to pay $280,000 in restitution.

State Removes Convicted Lawyer from Rolls

See Also:
Ex-Lawyer Admits Bilking Clients

Monday, June 13, 2011

Dear Gus Bilirakis: Do You Remember Adele Fletcher?

To help refresh your memory, as a Tampa area attorney you assisted your client with improperly guardianizing Adele Fletcher, which resulted in your client's conviction for felony scheming to defraud.

You did not come to your client's aide during her criminal trial.

Below are your documents that facilitated this fraud, which may assist in refreshing your recall of events:

[A]summary of the closing days in Adele Fletcher's' life. Please review the information for accuracy and let us know if you have any questions:
Summary

The two documents below reveal what turned out to be implausible reasons for your claimed need to take away a senior citizen's freedom to live:
Incapacity, Page one
Incapacity, Page two

The next two documents below reflect your investigation attested to under penalty of perjury that Adele Fletcher had no money or assets. You may recall that your meeting with Adele, in her home, to discuss what to do with her inheritance, that added an additional tax liability, to her existing income, and existing accounts with her stock broker, was arranged for you and Fran Lang by Adele's stock broker. A reasonable assumption that you did not raise during your investigation is that the mere existence of a stock broker in Adele's life points to the presence of assets.

Indigent,Page one
Indigent,Page two

The document below shows that eventually you found Adele Fletcher indeed had money and assets, but by that time the assets previously hidden from the court's knowledge were securely under your control by way of your client Fran Lang:
Terminate Insolvency

For additional reading about your client's conviction you can review a news article at this web site:
Ex-Guardian Gets Probation

You can also watch a short video at:
YouTube: Adele's Nightmare

An Open Letter To:
The Honorable Gus Bilirakis
United States House of Representatives

Dear Gus:

Please contact us if you would like any additional information to assist with your recall of this case. We feel that you played a significant and indispensable role in Adele Fletcher's demise and the felony conviction of Fran Lang that followed. Our hope, in your current role as a United States Congressional Representative, is that you will clearly and forever remember Adele Fletcher while you profess concern about improving the quality of life for the other senior citizens you now represent.

If you need further assistance please email us at:
AdeleRemembered@gmail.com


Sincerely,
The Friends of Adele Fletcher

Source:
Dear Gus Bilirakis: Do You Remember Adele Fletcher?

Sunday, June 12, 2011

New Illinois Law Requires Stricter Guidelines for Nursing Homes

For years, deaths of disabled children at Illinois nursing homes faced little scrutiny. Regulators weren't always informed, coroners weren't notified — even some family members weren't told whether neglect was involved.

But that could soon change as the Illinois Senate on Tuesday joined the state House in passing sweeping reforms to safeguard thousands of children and adults with severe developmental disabilities.

The proposed new laws, sparked by a Tribune investigation, require nursing facilities caring for the developmentally disabled to report all deaths to state regulators as well as to local coroners or medical examiners.

Other reforms include stiffer fines for poor care, a ban on new admissions at troubled homes, stricter rules on the use of psychotropic medications and fewer roadblocks to closing facilities.

State officials and some advocates described the measures as the most significant effort in a generation to help disabled people living in Illinois nursing facilities.

"This is a major victory for people with developmental disabilities and their families," said Michael Gelder, senior health policy adviser to Gov. Pat Quinn.

But some said the legislation doesn't go far enough. For instance, Wendy Meltzer, a leading advocate for nursing home residents, said the state will need more inspectors to enforce additional laws. "Otherwise, this whole exercise becomes pointless," she said.

Full Article and Source:
New Law Requires Stricter Guidelines for Nursing Homes

Couple to Stand Trial in Disabled Woman's Death

A judge on Friday ordered a Kearns couple charged with abusing a disabled woman before her death to stand trial following testimony from neighbors who said they were long worried about her well-being.

Dale Robert Beckering, 52, and Sherrie Lynn Beckering, 50, each face one count of aggravated abuse of a vulnerable adult, a first-degree felony, in connection with the death of Christina Harms

Third District Court Judge Lee A. Dever ordered the pair to stand trial after hearing testimony from neighbors, police and a medical examiner.

Sherrie Beckering’s daughter, Cassandra Marie Shepard, also lived in the Kearns home and was Harms’ legal guardian. While Shepard has been charged with murder in the case, prosecutors said Shepard and the Beckerings "took shifts" watching over Harms and all contributed to her demise in some way.

"Without that constant supervision, it would have never gotten to this point," prosecutor Chad Platt said.

Full Article and Source:
Couple to Stand Trial in Disabled Woman's Death

See Also:
Legal Guardian Charged With Murder

Disgraced Georgia Attorney Working on Possible Plea

A local attorney accused of forging legal documents and practicing law without a license has been in talks with prosecutors in Columbus and Phenix City about a possible plea agreement on charges of theft and forgery, and has begun paying restitution to the clients he deceived, his defense lawyer said Friday.

Elliott J. Vogt, 33, faces new charges in connection with his fraudulent practice in Phenix City, including accusations he forged the signature of a probate judge on an order for an estate. He was indicted recently on four counts in Russell County, Assistant District Attorney Buster Landreau said.

The indictments marked the latest salvo in an unusual case in which Vogt allegedly established a phony partnership and took elaborate measures to fool his clients about the status of their cases. The Georgia Supreme Court disbarred Vogt this week, citing a 2009 case in which he “invented hearing dates” and provided a forged order to a client in a legitimation case involving custody. A 2003 graduate of the University of Alabama School of Law, Vogt also was disbarred in Alabama last year.

Defense attorney Neal J. Callahan said Friday that Vogt already has made about $25,000 in restitution to his clients.

“I would say that, under the circumstances, he’s trying to get his life back together and trying to come to grips with the new realities that he’s facing,” Callahan said.

Full Article and Source:
Disgraced Attorney Elliott J. Vogt Working on Possible Plea Deal

Saturday, June 11, 2011

The Late Huguette Clark, A Victim of Elder Abuse?

With the recent passing of Huguette Clark and questions regarding the distribution of her wealth, we felt it fitting to post this video from 2010:

Source:
Mefeedia: Huguette Clark - Is Wealthy Heiress a Victim of Elder Abuse

See Also:
Huguette Clark's Will - Who Will Get Her Fortune?

Family Trying to Get DoJ Investigation

The Britt family of Buffalo, NY is fighting to rectify the atrocities perpetrated against their elderly aunt, Lula Baity. Eighty-six year old Lula Baity, a then resident of the Buffalo Municipal Housing Complex, went to the rental office on September 30, 2003 to inquire about her current month's rent payment. The money order had been returned to Ms. Baity, because the amount was deemed insufficient.

One hundred dollars and eighty-eight cents ($100.88) was remitted, as opposed to the one hundred eighty-eight dollars ($188.00), that would have served as the rental fee due for the month of September. Ms. Baity explained to the property manager that apparently, the corner store had made an error while issuing the money order. To assist Ms. Baity in resolving the discrepancy, the property manager directed her subordinate, a Housing Authority case management worker, to contact Ms. Baity's family and Family Services (a non-official agency, community based center, located within the housing complex).

The Housing Authority's case management worker did not assist Ms. Baity as instructed. Instead, she contacted Erie County Crisis Services, a community mental health outreach agency, with allegations that Lula Baity was not paying rent, was increasingly confused and disoriented, was unable to care for herself, and other false claims. The BMHA rental office was not an authorized reporting agency, approved by the Office of Mental Health. As the Housing Authority's case management worker, this employee's responsibilities fell within the scope of administrative and operational tasks, usually involving inspections and maintenance issues. It was not within her jurisdiction to request a mental evaluation of Ms. Baity. It has been confirmed however, that she identified herself, not as the Housing Authority's case management worker, but as Ms. Baity's "social worker." After her call and without verification of her credentials, actions were taken effecting the involuntary removal of Ms. Baity from the home she'd lived in for over forty years.

Full Article and Source:
Kidnapping and Confinement of Elderly African-American Woman Prompts Family's Request For Investigation By U.S. Dept of Justice

Friday, June 10, 2011

Ciavarella and Conahan May Face Different Sentences

Former Luzerne County Judge Mark A. Ciavarella Jr. has joined his co-defendant, former Judge Michael T. Conahan, in awaiting sentencing after a federal judge denied his post-trial motions late last month.

But white-collar defense attorneys and former federal judges not involved in the case said Conahan and Ciavarella could end up receiving very different sentences.

In February, a federal jury in Scranton found Ciavarella guilty of 12 of 39 counts of corruption filed against him, including racketeering, racketeering conspiracy, honest services mail fraud, money laundering conspiracy and a host of tax fraud charges. Ciavarella was cleared of extortion, bribery and honest services wire fraud charges, however.

Conahan pleaded guilty to one racketeering charge in April 2010.

Stephen S. Stallings, chair of Pittsburgh-based Burns White's white-collar criminal defense group, said the sentencing guidelines for Ciavarella are likely to be significantly higher than those for Conahan, and not just because he was found guilty of more crimes than Conahan pleaded to.

Stallings said the nature of Ciavarella's crimes, including that he was a public official, would initially set the bar high, while a number of potential enhancements under the U.S. Sentencing Guidelines could then raise the sentencing levels further

Full Article and Source:
Ciavarella and Conahan May Face Very Different Sentences

Conahan Withdraws Bid to Collect State Pension Benefits

Former Luzerne County Judge Michael T. Conahan, awaiting sentencing for racketeering conspiracy in the kids-for-cash case, has withdrawn his bid to collect state pension benefits.

Conahan, 59, had challenged a ruling by the State Employees' Retirement System, which cut off his $8,000-per-month pension in May 2009 and sought reimbursement of about $2,400 he received between his January 2009 arrest and the ruling.

Conahan withdrew that challenge in April, offering no reason for the withdrawal, according to Robert Gentzel, a spokesman for the system.

Conahan attorney Philip Gelso declined comment Thursday [6/2/11].

Conahan faces up to 20 years in prison after pleading guilty to accepting $2.8 million in bribes and kickbacks from the builder and co-owner of a for-profit juvenile detention center. Prosecutors say Conahan and a co-defendant, former county Judge Mark A. Ciavarella Jr., conspired to close a county-owned center and used their influence to send juveniles to the for-profit center.

Full Article and Source:
Conahan Ends Bid to Collect Pension

Thursday, June 9, 2011

Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes

I've recently finished reading this excellent book describing how the elderly become victims of financial abuse. The author, Joe Roubicek, was a detective in the Fort Lauderdale Police Department for many years, and he investigated over 1000 cases of exploitation of the elderly during that period on the police force. The book describes some of the cases he investigated and discusses the shortcomings of state laws protecting the elderly from financial abuse.

Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer's memory deficits to ask for grocery money five times in a single day. Fraud occurs when a "false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns." Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.

Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes.

Full Article and Source:
Elder Champions

See Also:
FinancialAbuseOfTheElderly

L'Oreal Case Back in the News!

The daughter of France’s richest woman, L’Oreal heiress Liliane Bettencourt, is once again trying to have her mother made a ward of court in an effort to protect her inheritance. The scandal has dominated French headlines since summer 2010.

The legal battle between L’Oreal heiress Liliane Bettencourt and her daughter Francoise Meyers has re-erupted.

On Wednesday French daily Le Monde reported that Meyers had made a fresh application for her mother to be made a ward of court (effectively under the guardianship of a judge), an issue that was apparently resolved in December 2010. Meyer states that she is seeking to protect the estate and her eventual inheritance.

The application, according to the newspaper, centres on the role of Pascal Wilhelm, a lawyer who has a “mandate for future protection” which effectively makes him the executor of Bettencourt’s estate should she become incapable of managing it herself.

Meyer has long argued that her mother should be made a ward of court and is seeking to have Wilhelm’s control over her estate curtailed.

Full Article and Source:
L'Oreal Heiress Scandal is Back in the Headlines

See Also:
A Deal is Reached in the L'Oreal Case

Wednesday, June 8, 2011

Danny Tate, One Year Later - Looking Back and Moving Forward

Almost exactly one year ago Danny Tate stood on the courthouse steps surrounded by “Friends for Danny Tate’s Defense” Facebook group members and celebrated the “end” of the temporary conservatorship placed on him by Judge Randy Kennedy’s 7th Circuit Court in Nashville, TN. I saw firsthand that when people come together for a cause….they can make a difference. In that case, it was scrutiny on the court, the brilliance of Michael Hoskins (Danny’s attorney), and the tenacity of Danny in fighting in his own defense. The court seemingly caved.

The Facebook group slowly built over 4 or 5 months of ordinary folks from all walks of life……and from all over the world to a formidable 3,500 members who were upset and activated by what they saw as the injustices wrought upon Danny by the court.
Danny’s plight ignited something in folks. They related to him, and I think it made them feel vulnerable when they saw how easily the courts can take your life and livelihood from you.

Four months of constant blogging by a few bloggers, and putting that info out on Facebook culminated in the benefit concert at 12th and Porter for Nashville flood victim Stephanie Farmer, where folks like Pat DiNizio of The Smithereens, Peter Holsapple of the dB’s among many others came into Nashville and rocked through the night. Danny seriously needed that money to help with his legal fees, but he chose to give it away to another flood victim.

The next day we converged on the courtroom for the “final hearing”…….the days before saw his story hit the AP. I read his story in The Guardian in London before I got on the plane to fly to Nashville. Channel 4′s Nancy Amons became aware of the story, and crews were sent to the benefit concert, and then they were rolling during his hearing. He emerged victorious.

Or, so we thought.

I would really like Danny to have a way to call for our help if he needs it again. So, I’ve set up an email list that you can sign up to, AND i’ve set up a new Facebook group that will be in the “new” format on Facebook.

So, two things:
1) Please sign up for Danny’s email list. This will be used sparingly with info on his blog, the case, but also info on his music. I would like to see a new cd, and could envision Danny doing some house concerts across the US in the coming months.
2) Please become a member of the new “Friends for Danny Tate’s Defense” Facebook group.

Full Article,Source and "Sign-Up Links":
Danny Tate - One Year Later - Looking Back and Moving Forward

Allegations of Elder Abuse

One family says their loved one spent nearly a decade in an abusive home.



Source:
Allegations of Elderly Abuse

Tuesday, June 7, 2011

'Marked for Destruction'

A crime perpetrated by her Professional Legal Guardian, arranged by an Attorney.

Locked away in an Assisted Living Facility against her will.

Her Diary of Elder Financial Abuse and Fraud.

Learn how Adele's neighbors rescued her.


What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare -- a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele's life was going terribly wrong and dedicate themselves to freeing her from captivity. “Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

A gift from Adele's neighbors: Download a FREE Copy of Marked for Destruction

About The Author:
John Caravella patrolled the streets of the City Of Wauwatosa (Milwaukee County, Wisconsin) from 1976 to 1989. Citizen trust resulted in his clearing arsons, armed robberies, missing fugitives, dozens of burglaries and two homicides. After retiring, he volunteered his investigative skills to help others. “That is how Adele came into my life,” Caravella said. "I learned that she was 'imprisoned' and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet."

Source:
Marked for Destruction

Britney Spears - Not Competent to Take Oath

Britney Spears' lawyers are trying to block her deposition in a perfume lawsuit, because they say she's not legally competent to give sworn testimony.

Brand Sense Partners is suing Brit for $10 million, claiming she had a deal with the company but pulled a double-cross by trying to cut them out of a lucrative project with Elizabeth Arden.

Brand Sense wants to take Britney's deposition, but Brit's lawyers have so far refused, on grounds Brit is under a conservatorship and can't be forced to testify without the approval of the conservatorship's attorneys.

No word on whether the attorneys for the conservatorship will sign off on the depo, but Brand is tired of waiting and is now asking the judge in the perfume case to order Britney to sit for the deposition.

Source:
Britney Spears - Not Competent to Take Oath

Monday, June 6, 2011

Vermont Elder Abuse Inquiries Backlogged

The state agency responsible for overseeing investigations of abuse, neglect, and exploitation of elderly residents has agreed to eliminate by Oct. 1 a backlog of 300 cases awaiting investigation by hiring staff, responding to calls with 48 hours, and establishing new procedures to avoid future problems.

Vermont Legal Aid and two advocacy groups had threatened to sue the Department of Disabilities, Aging, and Independent Living if officials had not agreed to the corrective action plan signed Tuesday by advocates and Commissioner Susan Wehry.

Advocates became aware of the size of the backlog at a December meeting with state officials.

“It’s been a problem for years," said attorney Barbara Prine of Legal Aid’s Disability Law Project. “People for the most part had lost faith in the adult protective system."

Full Article and Source:
VT Agres to Improve Elder Abuse Case Inquiries

YouTube: Private Guardian Abuse to the Elderly in Florida



Source:
YouTube

The Quiet Menace

In the Houston area, more than 60 percent of 1,500 cases handled each month by Adult Protective Services deal with elderly people who no longer can protect and provide for themselves, APS officials said.

People tend to dismiss odd behavior in the elderly as eccentricity, or they don't want to get involved in someone else's affairs, experts say. But self-neglect is likely to increase as baby boomers grow older, they say, making intervention and prevention more important than ever.

"We're trying to educate the public and people dealing with the elderly about the services available to them," said James Booker, director of Region 6 of APS, which oversees Harris County and 12 surrounding counties.

Focus of TEAM
In many self-neglect situations, the person just needs a little help to stay independent, Booker said. Most of the clients are women and most live alone, he said.

Self-neglect can be physical, medical or both. Some elderly people can't cook, clean house or bathe themselves. Some don't eat properly; some lack running water or air-conditioning. Their houses might be filthy and in disrepair.

Others lack access to medical care. They may have stopped taking their medicine or they haven't seen a doctor in years and they've developed a serious illness, such as cancer or diabetes.

The breakdown in their ability to plan and carry out tasks can be caused by issues such as a stroke, dementia or depression, according to researchers.

To address self-neglect, Region 6 has collaborated with the University of Texas Health Science Center at Houston and Baylor College of Medicine for the past 15 years. The partnership is called the Texas Elder Abuse and Mistreatment Institute, or TEAM, which consists of clinical care, education and research. Region 6 is the only APS agency in the state to use such a multidisciplinary approach.

Full Article and Source:
The Quiet Menace

Sunday, June 5, 2011

Investors Trust Judge Joe Ashmore, but his Trust Doesn't Pay Back

For three months last year, Muhammet Atayev—California businessman and, by his own account, a former Turkmenistani cabinet minister—limited himself to a small universe in Dallas. He spent his nights in a room at a Best Western motel. In the morning, he slipped into business clothes, gathered his things and walked a one-mile stretch of sidewalk—past Denny's, under Stemmons Freeway and up Oak Lawn Avenue, arriving at a patch of grass behind an Exxon station.

Once there, he stayed from 9 to 5 each day, a sign hanging around his neck. He spent the balance of the steamy late summer on that corner, his humorless face glistening with sweat, though he never seemed to soak through his suits. He ate nothing during the day and drank only water.

He kept regular business hours, never missing a day.

The sign summed up his purpose simply. Addressed to Mr. Joseph Ashmore, Mr. Jack Wilemon and Mr. Allan Clark, it asked: "Where is our money??? I will be on a hunger strike until I die or get the money."

The money never came. A $250,000 investment—a handshake deal that he claims was supposed to return $25 million in just three months—had left Atayev with nothing but a stack of old emails and a pile of sweaty shirts.

But a strange thing happened as he stood there: People started to stop, sharing with Atayev stories of other can't-miss investments from the last few years that all went back to the men whose names were scrawled on his sign.

In fact, as lawsuits, disciplinary hearings and federal investigations detail, there were dozens more people whose money ended up in bank accounts under Ashmore's name, for investment partnerships with Clark and Wilemon.

In 1975, [Ashmore] began his tenure as judge in Dallas County Probate Court No. 3. He spent 11 years on the bench, handling contested wills and other delicate rulings. He earned glowing reviews—97 percent approval in one Dallas Bar Association poll—and became an expert on mental illness policy.

When he left the bench, Ashmore started a private law practice, handling probate claims and other issues and growing the firm to include a handful of lawyers, including his son Gary Ashmore and daughter Lori Ashmore Peters. The firm's office is just a few short blocks down Maple from his father's laundry business.

A handful of probate lawyers declined to talk about Ashmore, but receptionists at their firms jumped at the chance to gush what a good friend he is. A good ol' boy who can hold his own in Dallas' finest circles, Ashmore speaks some Spanish and Arabic, and his English carries a deep Texas drawl. He's known to conduct business in his suite at Lone Star Park, where he likes to watch the horses.

So it's understandable how the invocation of Ashmore's name could lend credibility to the too-good-to-be-true deals to which his name has so often been attached.
Full Article and Source:
Investors Trust Judge Joe Ashmore but his Trust Doesn't Pay Back