Ohio: Medicaid Won't be Used to Pay Guardians for Developmentally Disabled!

The Ohio Department of Developmental Disabilities stopped seeking Medicaid funding to pay for protective services for thousands of adults after state auditors questioned the agency’s accounting for more than $1.3 million in program costs.

To avoid any interruption in services for the mentally retarded and disabled, Director John Martin said he is using non-Medicaid tax dollars to cover the expense.

“These are vital services,” he said.

An audit released by the Department of Job and Family Services questions the 2009 and 2010 expenditures but does not seek repayment of the funds paid to Advocacy & Protective Services Inc.

“DODD did not provide adequate documentation to demonstrate the expenditures, used as a basis for claiming Medicaid reimbursement, were for actual and allowable services provided by APSI,” auditors wrote.

The Department of Job and Family Services oversees Medicaid, the health-care program for the poor and disabled funded through state and federal tax dollars. Department spokesman Benjamin Johnson said DODD will have an opportunity to submit a more-detailed accounting before any decision about repayment is made.

Advocacy & Protective Services (APSI) is a private, nonprofit organization based in Columbus that is under contract with the developmental-disabilities agency to serve as a court-appointed legal guardian and trustee for about 4,800 Ohioans with mental retardation or other developmental disabilities.

Auditors are concerned about Medicaid funds paid to the department after it sought reimbursement of APSI administrative expenses. Specifically, auditors noted that invoices showed only total costs paid APSI and did not include a breakdown for specific services.

Medicaid, auditors previously noted, will reimburse for administrative costs, within limits, if a detailed accounting is provided to show the expenditures were permissible. Such documentation must include a description of the services performed, hours and date worked, and a signature of an authorizing agent. In addition, 90 percent of the expenditures must go to direct services.

Martin said APSI is paid a set fee to cover administrative expenses and there are no itemized invoices.

“DODD provided documentation of payroll and operation expenses that we believe demonstrate the costs were necessary and reasonable to provide required protective services to individuals with developmental disabilities,” the developmental-disabilities agency wrote in a response included in the audit.

The department also noted that APSI guardians are paid an average of $17.19 an hour, and the cost per individual served is about $1,079 a year.

“We feel confident that DODD is getting a good value for this critical service.”

Source:
Medicaid Won't be Used to Pay Guardians for Developmentally Disabled

See Also:
Medicaid Dispute: Ohio State Audit Faults APSI (Advocacy & Protective Services, Inc.) With Spending of $1.3 mil

Lawyer Acting as Guardian Disbarred for Helping Ward Will $5M Estate to His Wife

Despite a hitherto unblemished disciplinary record over a 30-year legal career, a New York attorney appointed as a guardian to an incapacitated person has been disbarred for helping her prepare a will in favor of his wife.

John M. Aversa was appointed in July 2009, and the next month his ward got a settlement of over $5 million in a personal injury suit, recounts the Fourth Judicial Department of the New York Supreme Court Appellate Division in an opinion earlier this month.

A court told Aversa to retain independent counsel to help the woman prepare a will. Instead he prepared the will himself without bringing in independent counsel or evaluating the woman's testimentary capacity. It named Aversa as the executor and his wife, under her maiden name, as the beneficiary. Two members of his immediate family were witnesses.

Besides committing what the court described as serious misconduct for personal gain, Aversa also "demonstrated a shocking lack of candor in this proceeding," the court wrote, "by belatedly presenting to the Grievance Committee a document designed to conceal his misconduct and by providing explanations for his conduct that lack credibility."

Aversa had claimed that the will was drafted in an effort to distribute his ward's assets to charity, as she wished, via his wife. He presented an unsigned, undated will addendum giving instructions to that effect after he was asked to resign as guardian, the opinion says.

Source:
Lawyer Acting as Guardian Disbarred for Helping Ward Will $5M Estate to His Wife

Read the Supreme Court Opinion

TX Lawyer Charged for Paying Judge for Ruling

An Austin attorney has been federally indicted concerning his alleged role in a Texas court corruption scheme in which a former state district judge and two other lawyers have already taken pleas.

Marc Garrett Rosenthal, 49, is accused in a 13-count indictment unsealed yesterday of paying ex-Judge Abel Corral Limas for favorable rulings, as well as bribing witnesses, conspiring to file state and federal personal injury cases relying on false testimony and directing others to pay nonlawyers for referrals of cases to his firm, according to the Associated Press.

Rosenthal faces charges of conspiracy to violate the Racketeer Influenced and Corrupt Organizations statute, witness-tampering and fraud charges, among others, reports the Brownsville Herald. (The American-Statesman provides a full rundown.)

The Herald says Rosenthal is also accused of arranging for others to manipulate the Cameron County District Court case assignment system, so that cases went to the courts they preferred.

Full Article and Source:
Another Attorney Charged in Racketeering Case Allegedly Paid Texas Judge for Ruling

Please Help Me Find My Mother!

My Mother has been victimized by relatives and then a court appointed guardian.

I spoke to my Mother last on July 13, 2011.

No one will help me locate my Mother. The Sheriff's department cannot since she is under guardianship. The guardian has my numbers blocked.

I have no idea what to do, or whether my Mother is alive or dead. Please help me find my Mother.

Source:
NASGA: Jacqueline K. Scott Profile

4th Nurse Admits Patient Abuse

Another nurse admitted to charges that she did not provide proper care for an incapacitated patient at the Northwoods Rehabilitation Center in Schaghticoke two years ago.

Licensed practical nurse Lisa Sousie of Troy appeared before Rensselaer County Judge Andrew Ceresia and pleaded guilty to two counts of attempted first-degree falsification of business records, a misdemeanor.

Sousie will be sentenced Oct. 12 to three years of probation, suspension of her nursing license, and she must cooperate and provide testimony in any potential upcoming trial in the case, according to the state Attorney General's Office.

Sousie was one of nine nurses and aides at the facility named in a 175-count indictment charging them with neglecting a 53-year-old patient identified as "SB" during six weeks in March and April 2009.

Investigators set up a hidden camera in the patient's room. What they saw led to the March 31, 2010, charges of not properly caring for the patient and faking records to make it appear they did.

Full Article and Source:
Fourth Nurse Admits Patient Abuse

3rd Nurse Pleads Guilty

A third health care worker has admitted she did not properly care for an incapacitated patient at the Northwoods Rehabilitation Center in Schaghticoke in 2009.

Licensed practical nurse Leslie Mayo, 54, of Watervliet pleaded guilty before Judge Andrew Ceresia to one felony count of first-degree falsifying business records in March 2009. "I was working the overnight shift and did not check on the patient but signed a record that I did, and I did not put ointment on the patient," Mayo admitted.

"The ointment had not been applied, even though the records show that it was?" Ceresia asked.

"Yes," Mayo said.

Mayo will be sentenced Oct. 12 to five years' probation and must surrender her nursing license.

Mayo was one of nine nurses and aides at the facility named in a 175-count state attorney general's indictment charging them with neglecting a 53-year-old patient identified as "SB" during six weeks in March and April 2009.

Full Article and Source:
LPN Makes Guilty Plea

Dolores C. Bedin: October 24, 1924 - August 23, 2011

A sad update to a story we first brought you in December regarding an elderly Rockford woman who fought for her right to remain in the hospital.

We've learned 86-year-old Dolores Bedin passed away this morning. She had been fighting pancreatic cancer. We first introduced you to Dolores when Northwestern Memorial Hospital tried to get her daughter Janet's Power of Attorney revoked so it could kick Dolores out of the hospital.

She had been there two months and felt too sick to leave. Janet blames Northwestern for sharing her mom's cat scan results five months late and feels more could have been done to slow down the cancer. Dolores grew increasingly ill over the last eight months. But her daughter says her mind remained sharp and will always be remembered as the "Italian Crocodile."

Source and Video:
Rockford Woman Who Fought Hospital Loses Battle to Cancer

See Also:
A Growing Trend of Medicine

North Shore 'Live' - Cooper's Corner: Elder Abuse in the Hospital, Part 2

Janet Bedin returns for part 2 in her struggle with Northwestern Hospital and their careless disregard for her mother.









Source:
North Shore 'Live' - Cooper's Corner: Elder Abuse in the Hospital, Part 2

Note: Northshore "Live" Cooper's Corner Host Bev Cooper has dedicated these programs to those who are victims of Cook County Probate Court. Live broadcasts are aired in Highland Park on channel 19 Wednesday at 7:30 PM.

See Also:
North Shore "Live" - Cooper's Corner: Elder Abuse in the Hospital, Part 1

He Served 10 Presidents but Died Alone in Squalor

Theodoric C. James Jr. was clearly in trouble. He wasn’t showering anymore. He wore the same ragged clothing day after day. Rats rummaged through the weeds and mounds of trash in his yard. He started going to the bathroom in buckets on his front porch.

His neighbor Alex Dobbins was afraid that something terrible was going to happen. They had been friends since their days at Howard University and had lived in adjoining rowhouses in the 16th Street Heights section of Northwest Washington for 37 years.

But this was not the man he had known. The man who had served in the White House for almost 50 years, under every president from Kennedy to Obama. The man who read and catalogued many of the documents that flow through the Oval Office: memos to the president, letters, pieces of legislation, nomination packets, even classified material that required him to have a security clearance.

This man was inexplicably living in squalor, seemingly without electricity or running water, and hiding under a hooded overcoat and multiple layers of clothing no matter how hot it got. He wasn’t just a public nuisance but, Dobbins feared, a danger to himself.

For more than two years, Dobbins and James’s family members in Mississippi repeatedly called every city office they could think of — the Department of Mental Health, Adult Protective Services, his council member, the mayor — hoping to get James help and prevent the worst.

Then, on Aug. 1, after the punishing heat wave that pushed the heat index to 112, Dobbins woke up worried because he hadn’t seen his friend in two days. He knocked on the door loudly with a baseball bat. There was no answer.

Full Article and Source:
He Served 10 Presidents, But Died Alone in Squalor: What Happened to Theodoric C. James?

Plea Deal in $30K Theft

Deborah Thompson, wife of Saratoga County Supervisor Frank Thompson, R-Milton, pleaded guilty Wednesday in County Court to attempted grand larceny and agreed to repay her 84-year-old victim nearly $30,000.

Thompson, 62, was charged with grand larceny, but accepted a plea bargain that includes a recommended sentence of five years on probation. Her lawyer, F. Stanton Ackerman, said Thompson will sell her house to pay the restitution. He called the agreement a "fair outcome."

Acting Saratoga County Judge Karen Drago set sentencing for Deborah Thompson for 2 p.m. Nov. 16.

Full Article and Source:
Plea Deal in $30G Theft

Elderly Man Robbed by Caregiver

A home care worker was arrested for stealing thousands of dollars from the elderly man she cared for.

Investigators stated they were contacted by an 82-year old man living alone in his East Memphis home on July 7th after he found his checking account to be grossly overdrawn. They determined that his caregiver, who had been caring for the victim for 10 months, had stolen nearly $14,000 from him by writing checks to herself on his account.

32-year old Trenese Wilson, who was employed through Home Instead Senior Care, was charged with 28 counts of Forgery, as well as Theft of Property and Financial Exploitation of a Vulnerable Adult.

Source:
Elderly Man Robbed by Caregiver

Victims of "Cash for Kids" React to Ciavarella's Sentence

Source:
CNN: Judge Sentenced in 'Kids-for-Cash'

See Also:

Source:
YouTube: Sandy Fonzo Berates Luzerne County Judge Mark Ciavarella for Killing Her Son Via Payola

Man Charged With Exploiting 99 Year-Old Woman

Depaulis "Anita" Seidel shared her home with a man who took care of the yard and day-to-day chores for years.

Now Joseph "Pino" Cirillo is charged with taking hundreds of thousands of dollars from the 99-year-old woman he befriended, using the money for his own gain – and an orange 2007 Lamborghini.

The Sarasota County Sheriff's Office said the man known as a diamond salesman transferred almost $600,000 from her accounts into his own.

Cirillo is charged with one felony count of exploitation of the elderly and detectives are still investigating.

The agency appointed as Seidel's guardian also is still working on the case, searching for the 99-year-old woman's money.

"A little over a million – we're looking to try and trace where that went," said Anne Ridings, director of guardianship at Lutheran Services in Sarasota.

Ridings said Seidel was moved to a nursing home for her safety and that she is not aware of what has transpired.

Full Article and Source:
Man Charged With Exploiting 99-Year-Old Woman

See Also:
Florida Caregiver Charged With Exploitation of the Elderly

North Shore "Live" - Cooper's Corner: Elder Abuse in the Hospital, Part 1

Bev's guest is Janet Bedin and her attorney Tony Romanucci. Ms. Bedin brought her 86-year-old mother into Northwestern Hospital because she had a hernia in her abdomen. She was tested, released and told to go home until she had symptoms of pain. Ms. Bedin kept taking her mother back because she was losing weight and almost six months later, the internist checked her CAT scan to find Pancreatic Cancer that should have been diagnosed and treated immediately. Ms. Bedin readmitted her into Northwestern and by this time, her mother lost forty pounds, was horribly sick, weak and Northwestern wanted her discharged. Insisting that her mother get proper medical attention, Ms. Bedin refused. The hospital threatened to revoke her Power of Attorney and take custody of her mother through guardianship.









Source:
North Shore "Live" - Cooper's Corner: Elder Abuse in the Hospital

Note: Northshore "Live" Cooper's Corner Host Bev Cooper has dedicated these programs to those who are victims of Cook County Probate Court. Live broadcasts are aired in Highland Park on channel 19 Wednesday at 7:30 PM.

Senator Blumenthal's First Field Hearing as Senator

Sen. Richard Blumenthal's first U.S. Senate hearing in Hartford dramatically tackled the multi-bilion-dollar problem of financial elder abuse, drawing audible gasps Tuesday as a 90-year-old decorated World War II veteran described being turned out of his own home by a son.

"I come to you to testify as a proud survivor," said the witness, Robert Matava of Unionville.

Matava said all the hardships in his life didn't prepare him for a betrayal of trust. He served in World War II, received a Purple Heart after suffering a paralyzing gunshot wound to his back, lost his younger brother in the Battle of Iwo Jima, his wife to cancer and battled the disease himself.

He returned from war in the South Pacific and opened his own automotive repair business in 1948. He built a home with his wife, where they raised four children. As the years went by and his wife passed away, Matava said he wanted to move to Florida. He entrusted his son with his business and his estate.

"In all my 90 years I couldn't predict the abuse I'd suffer at the hands of my own son," said Matava, who was accompanied at the hearing by his other three children.

In 2010, he said he returned to Unionville, a village in Farmington, to spend his remaining years in the home he built with his wife.

"My son refused to let me in," he said. "He said I better get a lawyer or pay him if I wanted to stay in the home that I built with my own two hands and raised him in."

"I felt washed up," he added. "I had trusted my children as any father would."

Blumenthal, a member of the U.S. Senate Special Committee on Aging, called the financial elder abuse Matava suffered and other forms of elder abuse "the crime of the 21st century."

"The lack of awareness is an enemy here," Blumenthal said. "These cases are often ignored and disregarded."

He said he plans to push for the creation of an Office of Elder Justice within the U.S. Department of Justice and enhanced penalties for cases of elder abuse.

Sandra Timmermann, vice president and director for the MetLife Mature Market Institute, presented data from a study the company conducted with Virginia Tech, the University of Kentucky and the National Committee for the Prevention of Elder Abuse, analyzing news articles detailing elder abuse from April to June 2010.

The financial losses attributed to abuse are staggering.

Of 389 unduplicated articles, 81 percent reported instances of financial elder abuse. In that 3-month period, the study calculated approximately $530,476,743 in losses due to elder financial abuse. Based on an estimate including unreported losses, MetLife calculated the annual financial loss to abused seniors in 2010 at $2.9 billion, a 12 percent increase from 2008.

"Financial advisors need to think about the ethical issues involved here and we strongly advise them to report any incidents," Timmermann said.

"The Older Americans Act is a critical component in helping at risk seniors remain independent and healthy," Greenlee said.

Full Article and Source:
Blumenthal's First Field Hearing as Senator Tackles Elder Abuse

MN: State Law Has Huge Gap in Punishing Elder Neglect

For years, prosecutors and advocates for the elderly have tried to provide vulnerable adults legal protection similar to children in Minnesota. But those efforts have been opposed by some influential health care providers and lawmakers concerned that workers or family caregivers would be unfairly punished.

Iris Freeman, associate director at the Center for Elder Justice and Policy at William Mitchell College of Law, said it's difficult to find common ground on the issue. But she said it's important to provide justice "for vulnerable adults that have been victimized by this kind of very serious neglect."

The Star Tribune reviewed about 50 cases filed statewide since 2004 in which someone was convicted of misdemeanor charges for neglecting a vulnerable adult. In six cases, the victim died. Other victims were locked in hot cars while their caregivers went shopping or they ended up in the hospital because of maltreatment. Last year, doctors had to amputate the leg of a disabled man after his mother failed to get him treatment for a badly infected foot.

"We're missing crime here," said Amy Sweasy, an assistant Hennepin County attorney who specializes in elder rights cases. "There's conduct that's worse than misdemeanor conduct that we don't have the statute to use."

Some opponents fear a tougher law would create criminals out of well-intentioned workers in nursing homes, assisted-living facilities and other regulated settings.

"Our members, they would not have any problem if you exempted people that work in facilities and applied it out in the community, where people are much more at risk where you don't have the kinds of checks and balances and eyes and ears," said Darrell Shreve, vice president of health policy with Aging Services of Minnesota, a trade group that represents nursing homes and other senior housing providers.

Shreve noted that doctors and other caregivers who make mistakes are already subject to punishment, both by regulators and the civil courts.

"If a physician commits malpractice you don't put the doc in jail. They get sued," Shreve said. "Why would this be any different?"

Full Article and Source:
State Law Has Huge Gap in Punishing Elder Neglect

In That Cold Room of Isolation: The Case of Gary Harvey

Sara Harvey is the Horseheads, NY woman who is desperately fighting to get her husband Gary home.

Gary fell down the basement steps at his home in January 2006 and suffered a traumatic brain injury. Since the accident, he has been in either a nursing home or the hospital. Being under the authority of Chemung County, NY, who was involved in a so-called ethics committee decision to petition to starve & dehydrate him to death, Gary has been basically isolated and allowed only restricted (and very limited) visitation from his wife and friends.

Sara wants her husband to receive a second opinion — an independent second opinion — and for Gary to have every chance possible to recover to whatever level he is able. She has, after all, repeatedly seen him be meaningfully responsive in his interactions with her and others. But those in control of Gary refuse to acknowledge this fact while at the same time refusing to allow him to receive an outside second opinion at a leading-edge brain injury hospital with much-higher-level experts. This is despite the fact that it appears over one million dollars has been spent in the past year on supposed healthcare for Gary that has not included any significant rehabilitative therapies. Sara Harvey believes that with physical therapy and a healthy dose of interaction with people that Gary knows that his quality of life will have a chance to improve drastically. She is prepared to give him that chance. She is prepared to bring him home where he would want to be.

The following is what I imagine Sara might be thinking.
* * *

Darkness threatens to fill the room, but light from the computer screen refuses to submit and flickers in a defiance surprisingly pronounced. I look at it in wonder, as the sounds begin to touch the night. The lonely night. The night where the only whispers I hear are my own.

The grandfather clock ticks away in earnest, moving towards… ever towards… the chime that will announce still another hour passed without Gary home and by my side. Another hour. Another day. Another night in aloneness and worry. How might I stand even another moment? None of this can be real. This isn’t what life is supposed to be like. This isn’t what life with Gary promised to be. What happened to that promise? What happened to Gary? What happened that night when our life together was stolen?

Memories come racing forth. I try to shove them back. I try to close my ears and my eyes and my heart. I try. I try so very hard, but all I can hear is Gary’s laughter brushing against the moment, as his breath brushes my cheek and that smile, that wondrous smile, and the twinkling of his eyes fills my thoughts. I reach out to touch his face… but my fingers touch nothing but the cold night air. They touch nothing but emptiness as his features fade into a reality that I wish not to be mine or his. How dare this all be. I shan’t allow it. I won’t. I simply won’t.

My refusal falls to deaf ears and is mocked by a fate that has no mercy for Gary or for me.

I look down the hall. The hall to where I might suppose Gary to be, if I didn’t know he was alone and isolated in the dark room so far away.

I whisper into the night, “Why?”

There is no answer.

The clock chimes with a sadness I had never noticed before.

I walk down the hall to see if by chance this has all been a nightmare, but the stairs grab me and hold my attention with a force beyond any I have ever known. This is where the nightmare began. This is where my world dissolved and Gary was taken from me and I from him. How can it be here so still, yet full of an energy so powerful it threatens to pull me into a crippling despair of taunts with the suggestion of failure determined to embrace me.

No! No! I shan’t allow the despair or the devastating fear to over-power me. I shan’t. I won’t.

I hear the little feet rushing to the bedroom and I follow the sounds of my memory.

On Gary’s pillow, I can see her sitting so proudly because she beat him to the bedroom. A soft smell of musk touches my senses and I hear Gary’s laughter as he says, “Tippy Queen of the Cats, you have done it again. You rule, your highness.”

The laughter. The happiness. The soft smell that floated around Gary presence, where did it go? Will it ever be again?

Suddenly, I can only see Gary alone in that cold room of isolation. The room where stillness devours and no loving touch is given. A room where he lays and waits and wonders, as people without compassion threatened to kill him or allow him to die, if given just that one chance to make it be. Why? Why would they want him dead? Why no second opinions allowed that might free him to a better life and can do no harm? Why? Has he perhaps become property of ransom — held hostage for insurance? When did he stop being a man with hopes and dreams and things to do tomorrow and become a room number with a DNR in place and a price tag on his life?

I can only imagine the desperation he must feel and the panic that embraces his conscious thoughts all too often.

I can only imagine, but that is enough.

My smile is not replaced by the tears I so often shed. Instead, I feel the purpose build within my heart and soul and I return to the computer with a vengeance undescribed. I return to the letters and the searches and the hope that something… someone… out there shall be the answer to bringing Gary home. Home to a place where he shall never feel isolated or lonely or unloved again.

Yes, there is something or someone out there that can bring my Gary home, if only they will.

And Gary will always know that we don’t want him to die!

In our arms he is loved!

Source:
In That Cold Room of Isolation: The Case of Gary Harvey

See Also:
Sara! Sara, Come Back! Don't Leave me Here!

JOIN Rescue Gary Harvey on Facebook

HelpBringGaryHome

PA September Protests to “Out” Local Abusers

PRESS RELEASE
For immediate release

Pittsburgh, PA – August 16, 2011 – Well-known local activist Mike Ference will stage a series of protests beginning September 11, the 10th anniversary of 911 and targeting local institutions and individuals associated with the abuse of children and young adults.

“For two decades I have called on certain institutions and individuals to come forward and take responsibility for their roles — active or passive — in child sex abuse,” Ference explains. “This is the last call — if they don’t do the right thing in the next couple weeks, then I will ‘out’ them at a series of protests where I will publicize incriminating details from my 22-year investigation of such cases. Abusers who have harmed children and individuals who knowingly covered up the crimes will be named — I want everyone in our community to know who the bad guys are.”

Ference began his investigation in 1989 after his son was shot on a school bus by a boy who then committed suicide. Although grateful that his son survived, Ference was disturbed that an investigation into the shooting was quashed or botched at every turn. Agreeing that the case had been prematurely closed by the McKeesport police, William Scully, then Public Safety Director in Clairton, gave Ference notes on the case and encouraged him to continue investigating on his own. A central starting point was the possibility that the shooter had been sexually abused by a local Catholic priest.

Ference’s initial investigation has inspired a lifetime of activism against child sexual abuse and cover-ups. He has written extensively on the sex abuse scandal within the Catholic church, amd has consistently emphasized that such abuse can’t happen without a lot of other community stakeholders “looking the other way.”

The first protest is scheduled for noon, September 9, on the steps of St. Paul ’s Cathedral in the Oakland section of Pittsburgh. Ference believes that Oakland , Shadyside and the surrounding areas have been prominent spots for Pittsburgh Catholic clergy to abuse children and teenagers.

Additional protests are in the planning stage. Ference says UPMC Hospital in Oakland is a likely site because of its handling of a clerical abuse case involving Greg Witkowski. He is also considering the police departments and municipal buildings of McKeesport , Clairton, and West Mifflin , which were all central in his initial investigation. District Attorney Stephen Zappala’s office and the Pittsburgh Post-Gazette were also mentioned as stakeholders who have been more interested in protecting the church hierarchy than punishing abusers and defending children.

For more information on the September 11 protest or other upcoming events, call Mike Ference at 412-233-5491, or email mike@ferencemarketing.com.

Abuse Alleged Again

For the second time in less than three weeks, a Highlands County resident has been charged with abusing an elderly or disabled person.

Susan Morales was charged with four counts of abuse, court documents show. The charges are third-degree felonies.

Morales, 51, of Ponce De Leon Boulevard in Sebring is accused of hurting a man four times from April 1 to May 24 at the Cluster of Avon Park, "a care facility for physically and mentally disabled adults who require around-the-clock care."

That's according to a warrant signed by Assistant State Attorney Christine Pletcher and a warrant affidavit from Detective Robert Livesay of the Highlands County Sheriff's Office Special Victims Unit.

The Cluster website describes the facility as serving those "with intellectual disabilities (mental retardation and developmental disabilities)" and emphasizing "community integration and choice while recognizing the specialized and often complex needs of the individuals we serve."

Morales' arrest came 17 days after sheriff's investigators arrested 53-year-old Rebekah Marie Ramsey on July 27.

Ramsey is charged with six counts of domestic violence-related abuse of an elderly or disabled adult without great harm and one count of domestic violence-related neglect of an elderly or disabled adult without great harm.

She is accused of abusing an elderly woman who police said reeked of urine and was locked in her bedroom for three days.

Full Article and Source:
Abuse Again Alleged

Probate Sharks: Medicaid Fraud and Abuse Rampant in Cook County Probate Court

Many of our readers have requested additional information about OBRA Special Needs Pooled Trusts.

In Cook County, many wards' estates, valued in the hundreds of thousands of dollars, are placed into OBRA Supplemental Needs Pooled Trusts.

Supposedly, this is being done for the benefit of the ward as it allows the ward to qualify for Medicaid, thus saving the funds for the special needs of the ward.

However, in reality, the ones benefitting from these trusts are the attorneys and guardians. Once a ward's estate is placed into the trust, they can no longer (by law) reside in private pay nursing homes, and are thus moved into public aid facilities.

And, instead of using the funds placed into the OBRA for the special needs of the wards that aren't being met in the public aid nursing homes, the funds are being used primarily to pay attorneys and legal fees until the estate is depleted.

Full Article and Source:
ProbateSharks

Disturbing Case of Elder Abuse Leads to Death

Recent developments in a disturbing case of elder abuse that led to death have focused particular scrutiny on the perpetrators not only because of the grisly details of the case, but also because the two caregivers had been approved by the state as adult caretakers for the 90-year old victim.

The two caregivers were the victim’s grandson and daughter. The two are charged with elder abuse and neglect for allegedly leaving the senior unattended for weeks. A paramedic found Gray lying in her own feces. She also had grade 4 bed sores and was surrounded by flies.

According to two recent articles in the Kern Valley Sun, four different agencies investigated the adequacy of the victim’s care for several weeks in February 2011. A representative from Aging and Adult Services (AAS) ultimately concluded that she had been being neglected. Although the 90-year old was taken from her caregiver’s custody, she subsequently passed away.

Both of the abuser had applied to the woman’s primary caretakers in 1999 and were designated as In House Supportive Services (IHSS) providers. The IHSS program is overseen by the Adult Programs Division of the state’s Department of Social Services. In order to become an IHSS primary caretaker, McCoy and Green had to undergo an extensive criminal background check. They also had to agree to report any suspected abuse, injury, neglect, or potential hazards to a social worker assigned to the victim.

What is not clear, however, is how frequently the caregivers were reviewed in the twelve years following their initial approval to be caretakers. For example, at the time of the various agency investigations, one of the criminals was facing several pending criminal charges, including spousal abuse.

Full Article and Source:
Disturbing Case of Elder Abuse Leads to Death

Detective/Author Joe Roubicek to be Keynote Speaker at Law Conference

When:
Friday, August 26,2011

Where: Vail Marriott Mountain Resort
715 West Lionshead Circle
Vail CO 81657


In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.

But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.

This is why exploitation is not fraud and why it can be much more devastating and offensive.

Sources:
Third Annual Elder Law Retreat
Financial Abuse of the Elderly

MT: Uniform Power of Attorney Act Will Protect Vulnerable

Did you know a national survey conducted in 2010 by Elder Investor Fraud found that one out of every five people over the age of 65 has been the victim of financial swindle?

Many elderly use a legal document called a power of attorney (POA) to appoint a trusted individual to manage their personal affairs. The process is inexpensive and the forms can easily be obtained from the Internet or a local library. The elderly rely on loved ones or close friends acting under a POA to assist them with complex financial affairs. Sometimes, however, these trusted individuals are misdirecting or stealing the assets of the person they pledged to help.

During Montana’s last legislative session, Rep. Kris Hansen, R-Havre, introduced the “Uniform Power of Attorney Act” and it passed both houses — 100 percent unopposed. This bill was supported by all of our local legislators, as well as AARP, the state auditor’s office, the Montana Bankers Association, Montana Independent Bankers, Montana Credit Unions, the Montana Health Care Association, the Montana Hospital Association and Disability Rights Montana.

Effective Oct. 1, Montana’s Uniform Power of Attorney Act is designed to provide important protection and safeguards for the elderly and others who grant powers of attorney. It also provides clarity for the financial institutions and others who rely on the POA. More importantly, the POA Act provides remedies and sanctions against those who would abuse that authority.

For those who need or will soon require a power of attorney, you are encouraged to use the form that was developed and incorporated into the Uniform Power of Attorney Act. The new forms will be available on or before Oct. 1.

Full Article and Source:
Power of Attorney Law Will Protect Vulnerable

Fmr. Judge Michael T. Toole Barred From the Bench

The state Court of Judicial Discipline has formally removed former Luzerne County Judge Michael T. Toole, who is serving a prison term on federal tax and corruption charges, from the bench and barred him from ever holding judicial office again.

The court's action, issued in an order last month, is a formality as Toole resigned from the bench after entering a guilty plea in December 2009. The state Judicial Conduct Board, which investigates allegations of ethics violations by judges, filed a complaint with the discipline court in April following Toole's sentencing.

It could not be determined if the board will follow a similar course in the case of former county judge Mark A. Ciavarella Jr., who was sentenced to 28 years in prison on racketeering and other charges last week.

Toole, 51, pleaded guilty to accepting free use of a vacation home from an attorney who won favorable treatment in his court and failing to report a finder's fee from another attorney on his tax returns.

He is serving a 2½-year sentence in a federal prison in Minnesota. His estimated release date, with time off for good behavior, is July 6, 2013.

Full Article and Source:
Toole Barred From Bench

CT: Conservators Can Pursue Divorces on Behalf of Wards

Perhaps no other lawsuit is as deeply personal to the parties as a dissolution of marriage. What happens, then, when one party lacks the capacity to independently pursue legal action? How can that person avail himself or herself of a divorce?

The Connecticut Appellate Court recently answered that question in the case of Luster v. Luster, 128 Conn.App. 259 (2011). In Luster, the Appellate Court held that involuntary conservators of a party could bring a divorce action on behalf of their incompetent ward.

Mr. Luster had been found by the Probate Court to suffer from senile dementia and to be incapable of caring for himself. His children were appointed as permanent conservators of his person and estate. Mr. Luster did not voluntarily consent to this representation.

Mrs. Luster filed for legal separation, and Mr. Luster’s conservators responded with a cross-complaint for divorce, which they subsequently sought to amend to include a charge of intolerable cruelty. This cross-complaint effectively converted the action from one for legal separation to a dissolution of marriage. Also, the cross-complaint gave Mr. Luster an independent right to continue the court action; without it, Mrs. Luster could have brought the matter to a conclusion simply by withdrawing her complaint.

Mrs. Luster’s counsel challenged the ability of the conservators to file such a cross-complaint on his behalf. Mrs. Luster’s position was that for conservators to do so exceeded their statutory authority. She also raised a public policy concern that to allow conservators this authority would enable them to dissolve another person’s marriage for their own financial gain or personal animosity. These challenges had prevailed at the trial level. The trial judge granted a motion to dismiss the conservators’ cross-complaint on behalf of their ward.

The Appellate Court found that Mr. Luster’s conservators were not prohibited from helming Mr. Luster’s divorce proceedings. The Appellate Court dutifully examined the role of conservators and their statutory authority. Ultimately the judges were guided by another principle: a person’s right of access to the courts. It has long been a holding of the Connecticut courts that even one who was “insane” or otherwise “incompetent” retains “a legal capacity to sue or be sued.” Ridgeway v. Ridgeway, 180 Conn. 533, 539 (1980).

Of course, those who are not competent may have a guardian ad litem appointed for them in the case. If the person has been formally adjudicated incompetent, a representative for court becomes required. Conserved persons cannot bring an action in their own right, but must depend on their conservators to do so. The Appellate Court ultimately considered that a conservator’s authority and responsibility to protect the interests of the ward, and the general history of conservators bringing suit on behalf of their wards, required that the trial judgment be reversed and that the cross-complaint filed by Mr. Luster’s conservators should stand.

Protecting Dignity
Judge David M. Borden’s concurrence with the majority opinion in Luster brings out a stirring point. Mrs. Luster’s public policy concern, although overruled, holds some weight: there are certainly conservators who would exploit the position for their own gain, without proper regard to their wards’ interests. But a conserved person would have legal recourse against his or her conservators if necessary.

On the other hand, Judge Borden reasoned, what if the conserved person is the victim of their spouse’s bad behavior? (Note the charge of intolerable cruelty added in Luster.) If an incompetent spouse cannot pursue divorce through a conservator, that spouse becomes deprived of access to the court system for relief and is trapped in an abusive relationship with no way out.

Full Article and Source:
Conservators Can Pursue Divorces on Behalf of Wards

Preparing Americans for Death Lets Hospices Neglect End of Life

With his mother wheezing and losing consciousness in a California nursing home, Robert Rogers wanted her moved to a hospital. Vitas Healthcare, her hospice provider, said that wasn’t in the plan.

“Our job is not to prepare them to live,” a Vitas nurse told Rogers on the phone, according to a deposition he gave in April. “Our job is to prepare them to die.”

Rogers called 911. At the hospital, an emergency-room doctor removed 11 maggots from an open wound on his mother’s big toe. Five days later, in September 2008, 91-year-old Thelma Covington died of a sepsis infection brought on by gangrene in her toe and poor circulation, her death certificate said.

Rogers is suing Vitas, a unit of Cincinnati-based Chemed Corp. (CHE), in a California court for alleged elder abuse and wrongful death. Vitas, the biggest company in hospice care, has denied negligence and said that Covington and Rogers knew the risk involved in entering hospice. Ninety-five percent of Vitas care gets positive family ratings in surveys, said Kal Mistry, a company spokeswoman.

As hospice care has evolved from its charitable roots into a $14 billion business run mostly for profit, patients like Covington and their families have paid a steep price, according to lawsuits and federal investigations. Providers have been accused of boosting their revenues with patients who aren’t near death and not eligible for hospice -- people healthy enough to live a long time with traditional medical care. In hospices, patients give up their rights to “curative” measures because they are presumed to be futile.

Widespread Neglect
“By admitting these folks to hospice, they are denied access to routine medical and rehabilitative care that they need to extend and improve their lives,” said Cristen Krebs, executive director of Catholic Hospice of Pittsburgh, a non- profit. “A vulnerable and voiceless population is preyed upon for money.”

At the same time, patients are being neglected, according to the claims in the lawsuits, government court filings and interviews with more than 30 people who have worked in the industry or had relatives in hospice. In 2009, a Medicare oversight report found nearly a third of hospice patients were not getting services in care plans that describe the treatment and visits providers promise to give them.

Full Article and Source:
Preparing Americans for Dealth Lets For-Profit Hospices Neglect End of Life

Elderly Man Who Lived With Wife in Car Dies

An elderly man who had been living with his wife in what police called a “squalid” and unsafe car, died Tuesday at a Vermont veteran's hospital.

Roger Maguire, 79, died at the White River Junction hospital of cancer, said his wife, Beverly. He was an Air Force veteran of the Korean War and worked in construction before his retirement, she said.

Beverly said she was in an Exeter Hospital social services program, placed there by a court-appointed guardian, when her husband died.

“I never got to say goodbye to him,” she said.

After his death, Beverly was transported to White River Junction by a veteran's organization, which also paid for her to stay in a hotel for the night, she said.

Beverly, 72, was arrested July 28 on a charge alleging she failed to report the poor conditions in her car where she and Roger were living. Police Chief Lou Ferland said at the time that the arrest was the only way to get the couple the help they needed.

The Maguires were living in their car last winter when police were working with state agencies to explore various guardianship options, said the police chief. But they left the area and legal papers expired, he said.

They were brought to police attention again on July 28 when they were involved in a car crash in a McDonald's parking lot, said Capt. Mike Schwartz. Their car is “ridiculously unsafe,” so it was towed, he said.

Full Article and Source:
Elderly Man Who Lived With Wife in Car Dies at VA Hospital

Police Use Arrest to Get Help for Elderly Couple Living in Car

'Sara! Sara, Come Back! Don't Leave Me Here!'

Tragically, Gary Harvey of Horsehead, NY fell down the basement stairs in January of 2006 and received a traumatic head injury. Since that time, he has either been in a nursing home or in the hospital and is under the guardianship of the county. Ironically, the county, who claims to be looking out for their ward’s best interest, was involved in a so-called ethics committee decision that Gary Harvey should be starved and dehydrated to death. The judge over-ruled the call for execution of an innocent man, though a DNR (Do Not Resuscitate) remains in effect. Sara Harvey, Gary’s wife, is desperately fighting to get him home. One can only wonder how much he knows of what is going on around him. The following could be what he is thinking as he lays alone in that room, so isolated from the world he knew and the wife and friends he so loves. * * *

It’s so quiet. I think I hear someone walking down the hall. Do they know I am here? Where is my Sara? Why isn’t she here? I miss her voice and the special sound of her laughter. I miss her gentle touch. The gentle and tender touch that tells me she loves me and that everything is going to be okay. Why can’t I feel that now? Where is she? Why doesn’t she come to see me? Is she tired of me? Am I too big a burden? Is there someone else in her life now? How long have I been here? How many days have passed?

I’m sure of it. I hear someone walking down the hall. Are they coming to see me? Is it Sara? Why do they keep walking by? Don’t they know I’m here? Why doesn’t someone open the door and just say, “hi” and tell me that it is okay? Can’t someone tell me when my Sara will be here? When will she come to see me? I wonder if they would call her, if I ask?

I hear someone again. I hear them walking away. I want to call out. I’m trying to call out. Why can’t I? Why is there only silence? Am I dead?

No, I can’t be. If I were dead, I wouldn’t be able to hear them. I wouldn’t be able to hear their footsteps and the rattling of carts. I wouldn’t be able to hear their laughter and sometimes their whispers. So, why can’t they hear me? Why can’t I hear me? Why are there no sounds beyond the thoughts that ramble and torment? Sara! Sara, why aren’t you here? I need to talk with you. I need to know everything is okay and you still love me. Did I do something wrong? Did I make you hate me so much that you have left me here alone with them? Left me wherever this is? Left me alone to hear the echo of their footsteps and the isolation of such aloneness as I never knew was possible?

Sara, it’s cold here. It’s dark and there is no laughter to touch the moment. There is no you to say we are going home soon and that you love me still. You do love me, don’t you? We will be going home, won’t we? Is that you, Sara? Is that you that I hear walking down the hall? Is that you coming to take me home or to tell me when you shall?

Why are they whispering? Why are they saying I’m gone? I’m not gone. I’m here waiting for you. Sara! Sara, come back! Don’t leave me here. Don’t leave me in this darkness without you. I love you! I’ll always love you! I promise, I will be a better husband, if I wasn’t a good one before. Please, Sara, please don’t leave me here with them. I’m scared. I think they want me to die!

Source:
Sara! Sara, Come Back! Don't Leave Me Here!

See Also:
JOIN Rescue Gary Harvey on Facebook

HelpBringGaryHome

IN: Disabled Advocacy Group Responds to Critics

The South Bend area business community is being pressured like never before to comply with the A.D.A., or the Americans with Disabilities Act.

“In California, they’re doing, they’re doing very well with it and they’ve moved it inland, so it’s time that it got here, took it 21 years but it is here now and we’re not going away,” said Ruby Brower with the National Advocacy for A.D.A. Compliant Businesses (NAACB).

Earlier this week, News Center 16 talked to some business owners who were upset with the tactics of the advocacy group.

Today, two members of the local NAACB chapter offered comments in rebuttal.

The NAACB has been going door to door—business to business—citing alleged A.D.A. violations on forms that “guarantee” a lawsuit.

Ruby Brower admits that in her two months on the job, she has yet to visit a business that was in full compliance with the A.D.A.

“I have never been to a business that did not have an A.D.A. problem,” Brower said.

While nobody but nobody is in compliance, nobody seems to care—or at least—care as much as Brower who now wears a “badge” that labels her an A.D.A. Enforcement Agent. “Everything is legal, I’m not extorting, I am enforcing a law, okay,” said Brower.

Full Article and Source:
Disabled Advocacy Group Responds to Critics

Crime Does Pay

Former Probate Register John Buonomo - now serving jail time for swiping coins from copy machines and stealing campaign donations - is entitled to collect his retirement pension from the city of Somerville, a judge has determined.

Buonomo's Boston attorney, Nicholas Poser, argued in Lowell District Court that the Somerville Retirement Board illegally withheld Buonomo's pension after he was convicted of several crimes in the fall of 2009. Buonomo was collecting pension from the city because he once served as a Somerville alderman.

In a ruling issued May 28, Judge James H. McGuinness rejected the retirement board's decision to withhold Buonomo's pension.

"In essence, the judge adopted both of my major arguments," Poser says. "I expect that any appeal will be rejected because it is a proper decision. "

Poser had argued that the retirement board was wrong in withholding Buonomo's pension because he did not steal public money - the copy machines were privately owned - and he did not commit a crime while working for the city of Somerville.

Full Article and Source:
Judge Finds Jailed Register of Probate Should Receive Pension From City of Sommerville

Adults With Autism Losing the Safety Net

What happens to autistic children when they grow up and leave the educational system where federal law requires they get the services they need? We visit two families struggling to provide a future for their adult sons with autism.

Watch the full episode. See more Need To Know.

Source:
Need to Know on PBS

Man Dies After Transfer to Group Home

An advocacy group for the developmentally challenged says the death of a 54-year-old man, less than a week after he was transferred from the state-run Templeton Developmental Center, bolsters their argument to keep state facilities open.

David Kassel, spokesman for the nonprofit Massachusetts Coalition of Families and Advocates Inc., said he has been in contact with the deceased man's guardian, who is concerned about a possible medication error leading to his death after he was transferred to a state-operated group home in Tewksbury run by Northeast Residential Services.

The man died of a blood clot to his lung four days after he was transferred, Mr. Kassel said.

The guardian does not want the deceased man's name published, Mr. Kassel said. The medical examiner is awaiting toxicology results.

Full Article and Source:
Mentally Challenged Men Die After Transfer to Group Homes

ND Legislative Report District 13: Committee Addresses Variety of Studies

The interim committee meetings of the North Dakota Legislature have started to meet and work on the studies assigned to each committee, and the first Human Services Interim Committee was held last week. The studies assigned to the Human Services Committee are as follows: of the Autism Spectrum Disorder, Guardianship Services, Department of Human Services caseloads and Program Utilization, and the States Qualified Service Provider System.

The Study of the Guardianship Services will involve contracting with a consultant to study guardianship services for vulnerable adults. This is a problem for many older citizens that can no longer handle their own affairs. The courts can delegate someone to handle the affairs for them. There are many problems in that the states do not have uniform laws, and it is difficult to find or appoint a guardian unless the individual can afford to pay for the services. Often, family members are not willing to undertake such a task, and sometimes there is dishonesty involved. The plan includes obtaining information from private and public sources, and receiving the report from the consultant. Again recommendations and possible legislation might result.

Full Article and Source:
Legislative Report District 13: Committee Addresses Variety of Studies

Northshore 'Live' - Cooper's Corner

[C]ourt-appointed guardians have the authority to make judgments about medical care, property, living arrangements, lifestyle and potentially all personal and financial decisions for high-risk adults with cognitive impairments and for disturbed and mentally challenged children who become threats to themselves and others. Absent the monitoring of court-appointed guardians, opportunities arise for abuse and malfeasance.

Individuals associated with ProbateSharks.com, known as Sharks, have found that the Corrupt Cook County Probate Court is indeed proficient in the quick-sales of properties, 6 weeks on the average; placing of wards’ estates into OBRA Special Needs Pooled Trusts (resulting in public aid placement, even for the rich); maintaining cases that are out of Cook County’s jurisdiction (wards live in another county, yet funds are held hostage by OPG (Office of Public Guardian); spending down of disabled wards’ estates with guardian and legal fees; restricting family members from inquiring about their loved ones(s), and restricting family from visiting their loved one when concerns over the spending of the estate are raised to the court.

Distraught citizens are discovering ProbateSharks.com website via the Internet. Subsequent contacts with Beverly Cooper are providing them with opportunities to present their testimonies on Cooper’s North Shore “Live” weekly Comcast TV program. Not all of Bev’s contacts have been from the Chicago area.

So far ten individuals have been featured on North Shore Live “Coopers” Corner, all with stories to tell of the abuse and fraud they experienced in their dealings with Cook County Probate Court, with more to come. These videotaped interviews have already been viewed all over Lake County and surrounding collar counties on community public TV stations. DVD’s can be had by contacting Bev Cooper at Bev.cooperscorner@yahoo.com.

Host Bev Cooper has dedicated these programs to those who are victims of Cook County Probate Court. Live broadcasts are aired in Highland Park on channel 19 Wednesday at 7:30 PM.

Source:
Northshore 'Live' - Cooper's Corner

See Also:
Probate Sharks.com

Note: Many of these shows have been uploaded to YouTube, and NASGA will be featuring them on this Blog!

Florida Caregiver Charged with Exploitation of the Elderly

A Sarasota Bay area man is locked up after he's accused of swindling nearly $600,000 from an elderly woman he was supposed to be taking care of. Detectives say among the things he spent her money on was a 2007 Lamborghini convertible.

97-year-old Depaulis "Anita" Seidel and 69-year-old Joseph "Pino" Cirillo were roommates in an upscale gated community in the Boca Royale Golf and Country Club, which is located in the Englewood area of Sarasota.

[D]ectives say several months before Seidel went into [a] nursing home, Cirillo started transferring money from her accounts into his Bank of America account. Money investigators say he used a portion of in July to buy an orange 2007 Lamborghini Gallardo 2-door convertible from Suncoast Motorsports. It cost $169,900.

The Sarasota County Sheriff's Office says due to Cirillo's unstable mental state and the amount moved from Seidel's account, Lutheran Services was granted emergency guardianship over Seidel.

The organization is working with an attorney to try to recover her money. But for now the sports car is parked in her garage and could be declared property of her estate.

Meanwhile, Cirillo has been charged with one count of Exploitation of the Elderly.

Full Article and Source:
Florida Caretaker Busted for Stealing Woman's Money to buy Lamborghini

The Struggle to Protect His Father and Guardianship Abuse

On August 24th, I will appear in the appeals court here in Nahville, TN to defend against a charge placed on me by a court in GA. The charge says I harassed my dad's estate before he died earlier this year, and seeks about 30K from me in fees charged to my dad by a father, son and daughter law firm. The story is one that I will spare you but has forever impacted my life and the lives of my wife and kids.

In 2006 I got chose to get directly involved in my dad's care. He was being neglected, financially exploited by a sibling, and physically abused by one he loved. My children, and some awesome care during the 3 months he stayed here with us brought his spirit back from a very sad place. During the time he was with us, he was loved every minute of every day, without exception. It was a blessed time, even though we realized the ALZ and Parkinson's already had a firm grip on his mind and body. The time dad spent with us was priceless, and one little girl in particular got under his skin in a big,awesome way!

In 2007 after I took him back home and he had a terrible accident because his needs were being ignored. As a result, I chose to go to GA and filed in the GA court to take legal responsibility for my dad's care, not his money, just the care of his person. As a result of that action, I was demonized, placed in jail, sued, lied about, lied to, stolen from, but worst of all, my children never saw my dad again, and he never met my now 2 year old son. By legal definition that is elder abuse, but no one or agency in that small community in south GA would lift a finger to intervene. No pastor, family friend, or social agency. My dad was told that something bad would happened to him if he spoke to any of us and that he had to follow the rules or he would be taken away from my mom. The Adult services agency said that my dad did want to see my children, but they were not going to do anything about it. I had things happen to me in that probate court that were beyond believable. A lawyer claiming to be my dad's friend submitted motions and received judgments for his motions on the same day he submitted them, calling me an abuser, asking the court to put me in jail, saying dad was not sick and did not need someone to care for him, etc. He helped himself and his two children attorneys to at least 85K of my dad's retirement with all his filings "defending" my dad's "estate" against me. I wanted not a penny of his money, just proof of excellent care and visits with my kids.

None of us ever saw my dad again, he died in January, placed in a facility we were not allowed to visit with a central feeding line inserted he did not want and his suffering was prolonged when there was no chance of recovery from a stroke leaving him unable to swallow. I offered the entire dollar amount of this judgment and to go to jail for 6 months if they would let us take care of him on our dime or use the money and let him die at home. It was rejected, as was our request to attend the funeral. It is my understanding he was taken from south Georgia to his final resting place in South Carolina in the back of a pickup truck to "save money." My dad was a veteran.....he deserved better (even if he was not a veteran he deserved better).

I spent 2 nights in jail here in Williamson County, TN on a "fugitive from justice warrant issued by the court in GA for failing to attend a hearing in GA I knew nothing about. That was thrown out and expunged, and then this lawsuit for money was sent up here, no coincidence by the father and son attorney team that did everything in their power to make sure a father, son and grandchildren never had a relationship in this lifetime.

I will probably lose this lawsuit not because it is fair or right or just, but because of how the law reads and how lawyers can manipulate the rules at times and ignore or not even follow them at others.

My dad is free now. He cannot be hurt anymore, and this stuff is not about his care or honoring his memory.

I struggle with this knowledge: People that have behaved badly in this maybe even evil) profess to know and serve the same God I say I belong to. I cannot reconcile that at this time, and I am sorry that my struggle with that causes my family and my friends a great deal of pain, especially my spousal unit. I have a lost a few friends over this, wanting me to get over it and get on with it. If my dad was able to take care of himself, I never would have stepped into this madness.

I struggle with the knowledge that I have witnessed such disregard for my dad's rights and my own, and that the abuse and exploitation of our older loved ones is more commonplace than I ever imagined it to be. I wanted to believe that if someone or some regulatory body higher up the food chain reviewed what was happening they would take necessary action. I was wrong.

Regards,
Izzy

Full Essay and Source:
NASGA- Dr. H. Boyd Israel

In the Matter of Glasser

IN RE MATTER OF GLASSER
IN THE MATTER OF LILLIAN GLASSER, a vulnerable adult.
IN THE MATTER OF LILLIAN GLASSER, an incapacitated person.
Nos. A-0500-08T3, A-0505-08T3, A-0509-08T3
Superior Court of New Jersey, Appellate Division.

Argued March 21, 2011.
Decided July 21, 2011.

--------------------------------------------------------------------------------

These three appeals, which we have consolidated for purposes of this opinion, arise from disputes between Mark Glasser (Mark) and his sister, Suzanne Glasser Mathews (Suzanne), over the guardianship and finances of their mother, Lillian Glasser (Lillian).1 The underlying guardianship dispute spawned litigation in Texas and New Jersey. The New Jersey action entailed collateral disputes over the choice of a guardian of Lillian's person, Lillian's December 2002 will, and the right or obligation of assorted parties to either receive or pay counsel fees.

In broad outline, after a thirty-four day trial, Judge Alexander P. Waugh, Jr., then sitting as the Probate judge, determined that Suzanne exercised undue influence over Lillian in a variety of ways, including the preparation of a December 2002 will. He also found that Suzanne violated her fiduciary duty in exercising Lillian's power of attorney (POA). The judge found that while Mark primarily had his mother's best interests at heart, he also acted in ways that were disruptive to her medical care and otherwise counter-productive to her interests. The judge determined that Lillian was incapacitated, but that none of her family members should act as the guardian of her person. Instead, he appointed an attorney who, in the judge's view, could act independently and could adequately protect Lillian's interests in the face of competing, aggressive demands from her children and friends.

All parties agreed that a neutral financial institution should act as guardian of her property. Based on his view of the law and the equities, the judge determined that Suzanne should reimburse Lillian's estate for monies Suzanne took from the estate and spent on her own counsel fees in the New Jersey litigation, and for counsel fees Suzanne spent in creating a family limited partnership in Texas, which Suzanne controlled and into which she improperly transferred almost all of Lillian's assets; he denied Suzanne's application for counsel fees and costs for the Texas litigation and ordered her to reimburse her mother's estate for those expenses as well; he awarded some counsel fees to Mark for the litigation in Texas; and he awarded no counsel fees to Suzanne's children for their effort to involve themselves in the New Jersey litigation. He also removed Suzanne as Lillian's health care representative, except for participation in end-of-life decisions.

Notably, no party to this appeal challenges the judge's finding that Lillian is incapacitated and requires the appointment of a guardian of her person and a guardian of her property. The appeals largely concern money — i.e., disputes over counsel fees and Lillian's will — and the judge's choice of Lillian's guardian of the person and health care representative.

--------------------------------------------------------------------------------

Jeffrey M. Pollock argued the cause for appellant/cross-respondent Suzanne Glasser Mathews in A-0500-08 and as respondent in A-0505-08 and A-0509-08 (Fox Rothschild, L.L.P., attorneys; Mr. Pollock, of counsel and on the briefs; Abbey True Harris, on the briefs).
Thomas S. Harty argued the cause for respondent/cross-appellant Eric Smith in A-0500-08 and as respondent in A-0509-08 (Cozen O'Connor, attorneys; Mr. Harty, on the brief).
Jonathan I. Epstein argued the cause for respondent/cross-appellant Joseph J. Catanese in A-0500-08 and as respondent in A-0509-08 (Drinker Biddle & Reath, L.L.P., attorneys; Mr. Epstein and Kristine M. Dress, on the briefs).
Paul F. Cullum, III, argued the cause for respondents Alexandra Mathews, Benjamin Mathews and Roselyn Mathews in A-0500-08 and A-0505-08 and as appellants in A-0509-08 (LeClairRyan, attorneys; Mr. Cullum, on the brief).
Lawrence M. Rosa, Board Counsel, argued the cause for respondent Middlesex County Board of Social Services, Adult Protective Services Unit, in A-0500-08 (Mr. Rosa, on the statement in lieu of brief).
David B. Rubin argued the cause for appellant Mark Glasser in A-0505-08 and as respondent in A-0500-08 and A-0509-08.
Andrew J. DeMaio, argued the cause for respondent Morgan Stanley Trust, N.A. in A-0500-08, A-0505-08, and A-0509-08 (Neff Aguilar, L.L.C., attorneys; Mr. DeMaio, on the brief).
Before Judges Lisa, Reisner and Sabatino.

Source:
In RE Matter of Glasser

Sara Harvey on her Wedding Anniversary...

I did this for you today Gary.

I went to the court and protested to the Judge who gave you to the county.

Source:
Facebook: Rescue Gary Harvey

Two Convicted in Cruel “Practical Joke”

Two women convicted of coating patients at a California nursing home with ointment for a practical joke on colleagues have been sentenced to 20 days in jail.

Monica Rose Smith, 52, and Jennifer Louise Burton, 34, must also serve two years probation, The (Santa Rosa) Press Democrat reported. They were convicted of misdemeanor elder abuse at the Valley View Skilled Nursing Home in Ukiah.

Three other employees at the nursing home have received non-custodial sentences for elder abuse or failure to report it. The state has revoked the California nursing assistant licenses for all five, the Mendocino County District Attorney's Office said.

Seven elderly patients were entirely covered with ointment, an action Gov. Jerry Brown, at the time state attorney general, described as "cruel and shocking."

Investigators said it was done so the next shift of employees would have to deal with slippery patients.

Full Article and Source:
Two Convicted for Coating Seniors in Ointment

Man Accused of Kidnapping Mother Arrested

A Great Falls man accused of kidnapping his elderly mother from an assisted-living facility was arrested while trying to secure legal guardianship of her in Lake Tahoe, Calif.

James Wainscoat, 70, was found in Lake Tahoe with his 92-year-old mother Troy Wainscoat and the woman's granddaughter, 18-year-old Ishayah Wainscoat.
James Wainscoat and Ishayah Wainscoat were both arrested. James Wainscoat has been charged with felony kidnapping and is held on a $100,000 bond in California, the Great Falls Police Department said. Ishayah Wainscoat was charged with accountability to kidnapping and was held on a $25,000 bail. She has since bonded out, police said.

Full Article and Source:
Great Falls Man Accused of Kidnapping Mother Arrested in California

Florida Lawmaker Criticizes Assisted-Living Facility Owners

Calling Florida’s lax oversight of assisted living facilities “deadly,” one of the state’s top lawmakers for social issues vowed this summer to pass sweeping reforms of an industry that has sometimes left frail elders and disabled people in filth and peril.

But as a state task force prepares to meet for the first time Monday to develop a blueprint for reform, some advocates for the elderly have suggested the effort may be derailed before it ever begins by a familiar foe: the power of industry groups and their ties to lawmakers and regulators.

“Reaching out to the industry and regulators alone is what put our state in the assisted living mess it is in today,” Brian Lee, a former state long-term-care ombudsman and current head of a Tallahassee-based advocacy group, wrote in a recent letter to a top state lawmaker. “It is due time for this industry to become more transparent and wholly accountable.”

The twin efforts followed a three-part series in The Miami Herald that showed state regulators repeatedly caught homes breaking the law — including sometimes deadly abuse and neglect of frail elders — but failed to shut down or even seriously punish the worst offenders. The newspaper found that administrators with the state Agency for Health Care Administration could have shut down 70 homes in 2008 and 2009 for such violations as abuse and neglect leading to death, but closed just seven homes.
In the days after the series ran, two state lawmakers — Republican Ronda Storms of Valrico, who chairs the Senate’s Children, Families and Elder Affairs Committee, and Democrat Nan Rich of Weston,
who serves on the committee — vowed to seek meaningful reforms of the industry as part of a summer-long interim project in their Senate committee. “It’s offensive to basic human dignity and care for vulnerable populations,” Storms told The Herald. “There’s no question.”

But before Storms could hold a single hearing, Senate President Mike Haridopolos assigned the project instead to Republican Sen. Rene Garcia of Hialeah, a healthcare consultant with deep ties to the industry. His Senate district contains one of the largest concentrations of ALFs in the state, including several with woeful regulatory histories.

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Task Force to Seek Reform of ALF Facilities

FL Lawmakers Pushed to Slash State Oversight of Assisted Living Facilities

When Sedrek Singleton, a career criminal with a violent past, checked into Nueva Vida assisted living facility, caretakers at the cluster of cottages in Miami-Dade never took steps to protect other residents.

They never had to.

Months after moving in, the 30-year-old man flew into a rampage, beating his roommate to death with a brick — nearly tearing off the disabled man’s ear — before bolting from his new home.

The brutal assault came just weeks after Florida lawmakers rejected a bill that would have put the burden squarely on ALF owners to safeguard people in their homes when accepting residents with criminal histories.
But the defeat in 2008 to bring more protections to vulnerable residents was just the beginning.

Over the next three years, lawmakers rejected sweeping plans to toughen Florida’s ALF law — often at the urging of industry leaders — while stripping away enforcement powers that left hundreds of residents to fend for themselves in dangerous conditions.

While frail residents were dying of abuse and neglect in ALFs across the state — nearly one a month — lawmakers pushed three dozen pieces of legislation since 2007 to cut crucial protections that had been in place for a generation.

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Lawmakers Pushed to Slash State Oversight of Assisted Living Facilities

See Also:
Search Currently Active Assisted Living Facilities in Florida

Feds Freeze Assets in Elder Abuse Case

A federal court has frozen the bank accounts and assets of the brother and sister-in-law of Coupeville resident Shea Saenger, who last month pled guilty to bilking an elderly Alzheimer’s victim out of $2.2 million.

A restraining order and injunction to preserve the personal properties of Mark and Rosemary Lumpkin of Arkansas was filed July 28 in U.S. District Court in Seattle.

In the filing, the federal government states that Saenger, 60, admits that she fraudulently obtained about $2 million from 80-year-old Ellensburg resident Norman Butler and transferred more than $1.1 million of it to her brother and sister-in-law.

Saenger faces up to 20 years in prison when she is sentenced by U.S. District Court Judge Richard A. Jones on Oct. 7.

An affidavit from the federal government traces the fraudulent proceeds from Saenger to bank accounts held by the Lumpkins, and from those accounts, purchases of vehicles and farm equipment.

The restraining order and preliminary injunction freezes the Lumpkins’ savings and checking accounts, and vehicles that include tractors, trucks, trailers and a Harvest Master grain hopper.

The injunctions are designed to freeze the assets to make sure they are available to anyone making a claim for them, such as Butler’s family.

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Feds Freeze Assets in Elder Abuse Case

Alzheimer's Increasing with Rapid Aging Population

There are more than 5-million people suffering from Alzheimer's in the U.S., six out of ten of them will wander off at least once and baby boomers are being called the silver tsunami.

The amount of Silver Alerts for elderly with dementia is up, but according to the Alzheimer's Association so is early diagnoses.

More than 10,000 Baby Boomers are turning 65 each day, and then chances for the disease go up every five years. Now just imagine you're loved-one is one of about 70-percent of them who will wander off.

"You want to find someone in the first 24-hours if they wander." Tiffany Phillips with the Alzheimer's Association says the triple digit temperature is dangerous because they don't take care of themselves, just focus on going to the place they once felt safe, that might not even exist anymore.

The number of people with Alzheimer's is expected to rise to 16 million by 2050.

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Alzheimer's Increasing With Rapid Aging Population