Former Mayor's Wife Battles Guardian

Before he had a stroke in late 2008, Jim Brown was the mayor of Cynthiana and a hands-on businessman who compiled personal and business assets of approximately $115 million, including an ambulance service, a nursing home, a restaurant and a hotel.

Now, Brown's well-being and financial affairs are at the mercy of a judge, who this summer ordered him taken from the home he shared with his wife following an employee's allegations that the former mayor was being mistreated, according to court documents.

Brown, who didn't want to leave his home, was transported by his own ambulance service and placed in Cynthiana's Grand Haven Nursing Home, which he also owns. Brown's wife, Kay Brown, was ordered not to have any contact with him and was jailed briefly without bail for not appearing at a hearing regarding her husband.

Kay Brown recently filed lawsuits in Jim Brown's native Magoffin County and in Johnson County, where the couple moved after the stroke, against her husband's temporary court-appointed guardian, Cynthiana attorney Edwin M. Culbertson.

Full Article and Source:
Former Cynthiana Mayor Mired in Odd Legal Battle

Woman Cleared of 2008 'Kidnapping' of Elderly Man

A woman who was charged with kidnapping and attempted theft in 2008 was acquitted by a jury in King County Superior Court.

Kulany Roeksbutr, 32, was cleared of all charges following a five-day trial before King County Superior Court Judge Jeffrey Ramsdell in December 2009.

Roeksbutr and a friend, Sunjinda Yahatta, were charged after Yahatta married a 78-year-old man who was in an Issaquah nursing home suffering from dementia. The charges alleged that Yahatta married the man so she could drain his bank account, and that Roeksbutr acted as a witness at the wedding and was involved in the alleged scheme.

The women took the man to the bank after the marriage and tried to withdraw $23,000, according to charging documents. A suspicious teller called police.

Both women were acquitted of all charges after defense attorneys argued that the state had failed to prove the elderly man was incapacitated at the time of the wedding.

Full Article and Source:
Woman Cleared of 2008 Kidnap Case

How to File a Complaint Against Judges and Attorneys (preface)

This series (How to File a Complaint….) is meant for every jurisdiction in the USA. As far as getting something done to effect change, I believe this series is of utmost importance. I’m asking that you repost and let’s make this viral. I’m sure similar avenues of legal accountability exist in other countries (for those around the world who follow this blog).

This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse. I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Kennedy. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the various complaint forms, then went to work. My complaints stuck. Considering that, today, in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don’t claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, “strongly represented allegations”). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he’s an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held this week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.

Educate yourself to the rules governing lawyers and judges and you become a force to be reckoned with. We must take the power back in a corrupt legal system where “we the people” have become a lost interest.

Full Article and Source:
ImpeachRandyKennedy: How to File a Complaint Against Judges and Attorneys (preface)

'Ella's Law'

I got a phone call from State Sen. Edith Prague D-Columbia who represents the 19th Senatorial District where I live, and therefore, where my mother lives, telling me the bill we refer to as Ella’s Law, after my mother M. Ella Winter, has become law. Sen. Prague, or Edith as I like to call her, befriended my mother a few years ago when Mom was locked in a series of legal battles with my out-of-state siblings and their spawn who wanted to institutionalize her.

Mom won the major legal battles, but then was subjected to a series of complaints that were initiated in New York, Florida, Pennsylvania and Massachusetts, all falsely alleging that she was being abused in Connecticut because she wouldn’t call the people in those states who had tried to institutionalize her.

The complaints went on for more than a year and included other forms of harassment, but what they really accomplished was exposing a major weakness in Connecticut’s elder abuse system. So, late last year, after the elections, after Sen. Prague, Edith as I like to call her, was re-elected, she convened a task force to do some rewriting and new writing to fix the law.

The work was done, hearings were held, testimony was gathered, pros and cons were considered, and ultimately we have what now is referred to as Public Act 11-224. The act will go into effect on Oct. 1, 2011 and from then on we expect regular reports of overcrowded jails as scores of criminals and other low lifes attempt to rob the poor and stuff the pockets of the rich.

From now until then, should any cases of elder abuse through false complaints surface, we’ll just have to rely on good old-fashioned vigilantes.

Full Article and Source:
Granny Snatching: Ella's Law Now Law Protecting CT Seniors

Senate Judiciary Subcommitee on Administration and the Courts Holds Hearing on Guardianship

U.S. Sen. Amy Klobuchar held a hearing (Thursday, Sept. 22) on protecting seniors and persons with disabilities from abuse and neglect by guardians.

During the hearing, Klobuchar called for more accountability and oversight of court-appointed guardians to ensure that seniors are safe and receive the care they deserve. Klobuchar chairs the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.

Klobuchar invited Minnesota State Ombudsman Deb Holtz to testify at the hearing. Holtz serves as the State Ombudsman for Long-Term Care, a service of the Minnesota Board on Aging, and is the top consumer advocate for thousands of elderly Minnesotans.

“We know from experience, unfortunately, that many people are being ill-served by their guardians and conservators. We also know that many court systems simply lack the resources to effectively monitor this enormous system,” Holtz said. “We are very supportive of Senator Klobuchar’s action to now take on this issue at the federal level. It should be a given that we all age without any abuse, neglect, or financial exploitation and that our lives will continue to be filled with dignity.”

In addition to Holtz, other witnesses that testified at the hearing included Kay Brown, Director of the GAO’s Education, Workforce and Income Security team; Naomi Karp, Strategic Policy Advisor for the AARP Public Policy Institute; Robert Baldwin, Executive Vice President and General Counsel for the National Center for State Courts; and Michelle Hollister, Managing Partner at Solkoff Legal, P.A., and former Executive Director of the Florida Statewide Public Guardianship Office.

Full Article and Source:
Sen Klobuchar Chairs Hearing on Protecting Seniors From Abuse, Neglect

View the Hearing

Read the 2010 GAO Report: Guardianships - Cases of Financial Exploitation, Neglect and Abuse of Seniors

TN Legislators Push to Overall Judge Discipline Board

At the conclusion of a two-day review of the state’s judicial discipline system Wednesday, lawmakers said they are satisfied that they have plenty of evidence to justify an overhaul.

While some of the proposed changes to the Court of the Judiciary — the body that investigates ethical complaints against judges and decides whether to punish them — would bring the commission more in line with its counterparts in other states, other changes would be unusual. In any event, members of a special legislative committee, the second one in as many years to review the Court of the Judiciary, said testimony from several disgruntled litigants suggests change is needed.

“Hopefully, we can make our members understand from these hearings … that it’s serious, and not just to take the word of their hometown judges that there is no problem when there is a problem,” said state Sen. Mae Beavers, R-Mt. Juliet, who was angered earlier this year when state judges spoke to lawmakers and helped kill her proposal to drastically alter the Court of the Judiciary’s structure at the end of the legislative session.

Beavers and her allies hope to resurrect the proposal, or one like it, when the legislature reconvenes in January, but no specific time frame was provided. The Court of the Judiciary is made up of 16 members, including 10 judges appointed by the state Supreme Court. Beavers’ proposal would reduce the commission’s size to 12 members appointed by the speakers of the state House and Senate, and only five would be judges.

Sen. Mike Bell, R-Riceville, said allowing the Supreme Court to appoint judges to “judge judges” is a conflict of interest and that the court’s appointing power needs to be stripped.

Full Article and Source:
TN Legislators Push to Overhaul Board That Disciplines Judges

TN: Court of the Judiciary

Judges have a hand in some of the most emotional decisions in Tennesseans' lives, yet many who feel like they were wronged by the legal system say the board created to punish judges is protecting them instead.

The Court of the Judiciary investigates complaints against judges in Tennessee and reviews whether or not there was any misconduct. Much of what they do takes place behind closed doors, and lawmakers say that needs to change.

Channel 4's I-Team investigation was front and center during a legislative hearing Tuesday that could shape the way judges are investigated and punished.

We first introduced you to Danielle Malmquist in July. The judge presiding over her divorce, Jerry Stokes, had her investigated by police believing she wanted to kill him.

Yet during that investigation and even now, he continues to preside over her divorce case.

"During the five-month police investigation, (Judge Stokes) rules against me 64 times," Danielle Malmquist said.

Malmquist believes the judge should have recused himself, so she filed a complaint with the Court of the Judiciary - the board tasked with investigating and punishing judges.

Her complaint was dismissed, and she feels like a system designed to protect her is protecting someone else instead.

"Judges judging judges is not working in our current system of judicial accountability as those judges have a vested interest," Malmquist said.

A majority of complaints are not made public unless they rise to the level of a public reprimand. That bothers many state lawmakers who say it's impossible to know if the judges are really doing their jobs.

"Right now we're in the dark as the public is as to the reprimands that are being issued to judges, private reprimands," Sen. Mae Beavers (R-Mt. Juliet) said.

Those on the Court of the Judiciary say the disciplinary system is working, and that making every complaint public could cause unnecessary harm.

"We don't want to just immediately expose everything everybody accuses something in public," Court of the Judiciary Judge Chris Craft said.

In the past year, there have been 359 complaints against judges. Of those, 314 have been dismissed, nine resulted in public reprimands and six resulted in private reprimands.

Full Article and Source:
Some Want More Oversight on Investigations Into Judges

Former Judge Michael T. Conahan Gets 17.5 Years!

On Friday, September 23, 2011, former Luzerne County President Judge Michael T. Conahan, 59, was sentenced by Federal Middle District Court Judge Edwin M. Kosik to 210 months, or 17.5 years, in federal prison for his part in the Luzerne County judicial scandal. Conahan pled guilty to his crimes and received a sentence of almost 10 years less than co-Defendant, former Luzerne County Judge Mark A. Ciavarella.

Kosik additionally ordered Conahan to pay more than $874,000 in restitution, along with other fines. Judge Kosik also recommended that Conahan be sent to a prison in Delray Beach, Florida "not for convenience" but so that his family can be in close proximity

Before the sentence was handed down, Conahan sat as he read a prepared statement accepting responsibility for his actions and apologizing to all of those he harmed. He told the court, "...the system was not corrupt. I was corrupt."

Source:
Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison

Michael T. Conahan's Statement to the Court

Thank you, your honor. Good morning.

Your honor, this has been a long road for me. It has been difficult, embarrassing, damaged my reputation beyond repair. I've lost everything that I worked for my entire life, and I'm about to go to prison.

Your honor, I deserve these consequences because of what I've done.

First, please allow me to apologize to the children and the families of the children that appeared in juvenile court in Luzerne County.

You are the vulnerable people of our society and are entitled to have decisions based upon what is in your best interests. I let you down the most. My actions undermined your faith in the system and contributed to the great difficulty in your lives.

I was the president judge, I owed you better. I'm grateful that the Supreme Court overturned your findings of delinquency and expunged your records. I am sorry you were victimized.

I apologize to the staff and the probation department of the juvenile court. I was the president judge and I should have let you do better things for those juveniles. I let you down. You deserved better from me.

To all of those people who lost faith in the juvenile justice system, I ask that you please keep in mind the system was not corrupt, I was corrupt.

The system has integrity, I did not perform my duties the way I should have, and I do not have integrity.

I apologize to the citizens of Luzerne County because your faith in government has been shaken, as a result of the dark cloud I placed over all of us. I let you down personally and professionally.

I hope that both the prosecutions of public officials and public officials like me accepting responsibility and admitting their criminal actions will restore your faith in government.

Your honor, Luzerne County is a wonderful place to live, work and raise a family. The county and its government were not corrupt, I was corrupt.

I also apologize to the legal community and the judiciary. I've tarnished the reputation and trust that people have placed in lawyers and in the judiciary.

I think I did some good as a judge, however, I lost my way, and any good I have done over the years will forever be overshadowed by my criminal acts.

The public has the right to expect that lawyers act with integrity at all times. As a lawyer, I failed.

The public has a right to expect that the judiciary is built upon the foundation of upholding truth and honesty. As a judge, I failed.

The judicial system was not bad or corrupt, your honor, I was corrupt.

Your Honor, I lost my way and violated my oath and broke the law.

Over the past two years, I've come to understand these facts. I worked long and hard to try and understand all the wrong that I've done and why I did it and to try and understand how I can atone for it.

Throughout this process, my family and close friends never left my side. They have given me the love and support I needed so that I could step back and examine my life and my conduct.

I have a lot of time to think about what I did. My failures and this process helped me to look at myself, and I did not like what I saw. I disappointed and hurt so many people.

I apologize to my family and friends for putting them through all of this.

I apologize to the public for putting them through all of this.

I realize that mere words cannot change the pain that so many people are feeling, but I hope it's a beginning, and I'm sorry.

What I did was wrong, what I did damaged a great many people, and I hope that going forward, the citizens, the public, and most importantly, the children of Luzerne County can begin to heal and that their faith in the legal system, in government and the Judiciary can be restored.

From my part, I will work the rest of my life to atone for what I've done.

Thank you.

Source:
Michael T. Conahan's Statement to the Court

The Heartbreak of Elder Abuse Continues

I will continue to be amazed at the ludicrous actions of those in charge of protecting our citizens. This is the third installment of the blatant elder abuse case that my friend’s mother, Dorothy Wilson, is a victim of. On September 19th, the latest conference was held, only to end in the call for another conference without a date being set. The judge decided that after listening to what seems to be more lying and perjured testimony from the law guardian and healthcare manager, that he wants a health evaluation from the current nursing home that Dorothy Wilson is incarcerated in.

Mrs. Wilson’s health has spiraled down somewhat since she was deceived into leaving her home of six decades by the law guardian and healthcare manager’s associate.

On the day of this latest hearing, Dorothy Wilson was not allowed to attend. Her law guardian, whose firm is in Garden City, NY, failed to make arrangements to have her there. When Diane left several messages for the fourth party in this case, her mother’s appointed attorney, to ask her to make it happen, she did not get a timely response, so Diane called the nursing home. She was told by the social worker that the director of the nursing home stated, “It will not be safe for Dorothy to leave the nursing home.” This woman went on to say that prior to being transported anywhere, Diane would need to be trained by the staff. A follow up call to the correct department at the facility was made, where she was told it would take five to ten minutes. She was denied the right to have this done before the conference. Diane has been getting her Mom in and out of the car for a long time without incident, but suddenly she needed to be trained in how to do this. It was another blatant attempt to keep this elderly woman from having her own voice heard in the courtroom in front of the NY State Supreme Court judge who is responsible for this entire situation.

It must be noted that the following day, Dorothy’s safety wasn’t a concern for her to leave and go to a doctor appointment (not her own long-time physician) that is approximately the same distance as the court. While there was an original excuse that there were not enough funds to transport her, suddenly funding was not an issue.

I will leave you with the actual words from eighty-seven year old, Dorothy. She handwrote her plea to get out of the nursing home the night before the conference.
9/18/11

To Whom it May Concern,

I want to go home more then [sic] anything else in the world. There is nothing wrong with me. Being home will make me the happiest person in the world. You never realize how precious your home is until you are not in it.

Please help me. I want to go home.

Sincerely,

Dorothy Wilson

Full Article and Source:
The Heartbreak of Elder Abuse Continues

JOIN the SAVE Dorothy Wilson Legally Kidnapped Facebook Page

Congratulations Marie-Therese Connolly!

On Tuesday, Marie-Therese Connolly, who for years has been trying to place elder abuse in the national spotlight, is being awarded a MacArthur Fellowship, the $500,000, “no strings attached,” so-called “genius” grant given annually to a couple dozen artists, thinkers, social advocates and historians.

“I was shocked that the problem is so invisible,” she said in an interview Monday. “There is so much opportunity for change, and I can’t think of another issue that affects so many people and where less is being done.”

In issuing the award, the foundation said Connolly, a 54-year-old District resident and a senior scholar at the Woodrow Wilson International Center, has “devoted her career to laying bare the many forms of elder abuse: physical and psychological, as well as financial exploitation and wrongful deprivation of rights.”

Full Article and Source:
MacArthur ‘Genius’ Grant Goes to D.C. Activist Who Fights Elder Abuse

Sen. Herb Kohl Wants to Focus on Elder Abuse

Sen. Herb Kohl, the Wisconsin Democrat who chairs the Senate Special Committee on Aging, is calling on the Justice Department to focus more attention on abuse of the elderly. Kohl, in a letter to the department’s Office of Victims of Crime, pointed out what simple arithmetic makes clear. The burgeoning number of senior citizens over time will, by definition, mean that more and more elderly people will suffer from financial and physical abuse.

Kohl wants the office to add elder abuse to the list of priority items that states can cite in seeking funding.

Social scientists have been slower to pick up on the problem of elder abuse than on the harmful treatment of children, which now receives considerable focus from the federal government. Yet a growing number of studies show that abuse of the elderly is widespread. As many as one in 20 report that money has been improperly taken from them in the preceding year. That would translate into 2.5 million people nationally. Those same studies show that the perpetrators typically are trusted advisers – lawyers or financial advisers.

Or members of their own families.

Source:
Senator Wants to Focus on Elder Abuse

TX Woman Facing 99 Years for Theft

After her sister died in July 2007, Wilma Agnew, 82, needed somebody to watch over her declining health, help her pay bills and assist her with basic needs.

Nearly all her relatives lived in the Midwest. In stepped Brandy Ann Bounds, a young Mansfield wife and mother who was a family acquaintance. As summer turned to fall and fall to winter, Agnew grew increasingly dependent on Bounds. She died Dec. 17.

Agnew's niece Julie Anne Zagorski was named administrator of her estate. What she found when she came down from Illinois left the family in disbelief.

Bounds, it appeared, had drained Agnew's bank accounts, sold her car and needlessly cashed in her stock. A probate court judge would later find that she and her husband, Jeremy Warren Bounds, owed Agnew's estate $228,252.46, not counting exemplary damages or interest.

"We felt horror and outrage as we began to discover the full extent of Ms. Bounds' actions," Zagorski said. "We knew we needed to pursue this matter so justice for Wilma could be realized."

A Tarrant County grand jury recently indicted Bounds, 34, on a charge of theft of $100,000 to $200,000 of an elderly person, a first-degree felony. She was arrested Aug. 16 and posted $5,000 bail. If convicted, she could face five to 99 years or life in prison.

Full Article and Source:
Mansfield Woman Accused of Stealing Money from Incapacitated Senior

Elder Law Section Submits Request to File Amicus Brief in Alzheimer’s Case

Pursuant to Article VII, Section 2(a) of the State Bar of Wisconsin Bylaws, the Elder Law Section of the State Bar of Wisconsin has submitted a request to the Board of Governors for authorization to file an amicus curiae brief in the pending Wisconsin Supreme Court case of Fond du Lac County v. Helen E.F., 2011 WI App 72, on Appeal from the District II Wisconsin Court of Appeals.

This case involves the appropriateness of the use of Wis. Stat. ch. 51 mental commitment proceedings for a person with Alzheimer’s dementia. Helen E.F. is an elderly woman with Alzheimer’s dementia. Her condition has regressed to the point that “she is very limited in any verbal communication.”

Helen was taken to St. Agnes Hospital on April 12, 2010, because she was exhibiting aggressive behavior in the nursing home where she had been residing for the last six years. Various procedural issues ensued. Ultimately, Helen was detained as the result of the second of two ch. 51 proceedings. She appealed the decision.

Issues related to the court’s competency to proceed were raised but not ultimately addressed by the court of appeals, which decided the question as to whether an individual whose affliction is Alzheimer’s qualifies as an individual with a treatable mental illness for purposes of ch. 51.

Appeals court
The District II Wisconsin Court of Appeals reversed the finding that Helen was not a proper subject for detainment or treatment under ch. 51 because Alzheimer’s disease is not a qualifying mental condition under that chapter.

At the court of appeals level, amici briefs were filed by Disability Rights Wisconsin and the Coalition of Wisconsin Aging Groups in support of Helen E.F.’s position, and the Wisconsin Counties Assoc. in support of Fond du Lac County.

Full Article and Source:
Elder Law Section Submits Request to File Amicus Brief in Alzheimer’s Case

Britney Spears' Conservatorship Attorneys Seeking $900K in Fees

They want to get paid...

The lawyers who set up Britney Spears' conservatorship want a judge to approve $900,000 in legal fees.

Britney's father Jamie was made her conservator in 2008 after Spears had mental health hospitalizations.

Andrew Wallet, co-conservator, wants $314,000. Jamie Spears' attorneys want $238,000. The law firm of Bud, Marella, Boxer, Wolpert, Nessum, Drooks & Luncenberg want $186,000 and two other law firms want $125,000.

Jamie also wants to court to continue to give him $16,000 for his work as her conservator. A hearing has been set for November 16.

Source:
Britney Spears Conservatorship Attorneys Seeking $900,000 in Fees

See Also:
FreeBritney

Alaskan Conservator Breached Fiduciary Duties

In Foster v. Professional Guardian Services Corporation, the Alaska Supreme Court determined that a court-appointed conservator breached its fiduciary duties through a number of acts and a failure to timely act. Even though the conservator prevailed on a majority of the claims brought against it, and thus prevailed in the “global” scheme of the litigation, the Alaska Supreme Court determined that the conservator could not have its attorney’s fees paid from the ward’s estate for those claims on which it lost.

In reaching its decision, the Alaska Supreme Court suggested that there is no such thing as a de minimis breach of fiduciary duty.The facts and procedural history of this case are long and convoluted (but also a very familiar factual scenario worth reading), but the bottom line is that Professional Guardian Services Corporation was the court-appointed conservator of Ann Davis. Professional Guardian Services Corporation either breached or may have breached its fiduciary duties by:

• Failing to conduct an adequate inventory of the ward’s property. The conservator prepared an inventory of the ward’s property, but did not list anything in the inventory worth less than $400. The conservator contended that National Guardianship Association Standards require an inventory only of items valued over $400. There was nothing in the applicable Alaskan statute, however, that relieves a conservator from listing items worth less than $400 in an inventory and, thus, the inventory was inadequate. While, viewed in isolation, the inadequate inventory may have been harmless, combined with the next point, the issue was remanded back to the trial court for further proceedings.
• Use of paid storage. The conservator paid storage fees to store certain of the ward’s items contending that valuable items in the house required preservation. Again, in isolation, payment of the storage fees may have been permissible, but given the conservator’s contention that there was really nothing of value to inventory, payment of storage fees for valuable items appeared inconsistent with the conservator’s inventory argument. Therefore, the trial court was ordered to clarify this inconsistency on remand.
• Missing pension payments. The federal government thought the ward died before she actually did. As a result, 13 monthly pension payments were not sent to the conservatorship but were paid out directly to the beneficiaries of the pension plan. The trial court found that the conservator had not corrected the issue in a timely manner, resulting in a loss to the conservatorship estate.

The trial court sympathized with the conservator and accused the plaintiff of engaging in wide-ranging, often unclear litigation against the conservator. The court tallied the “small” issues on which the plaintiff prevailed and concluded that the conservator overwhelmingly prevailed on the global attack against it and, therefore, could charge the entirety of its attorney’s fees to the ward’s estate.

Not so fast, held the Alaska Supreme Court. The conservator did actually breach its fiduciary duties here – no matter how small or insignificant the damage to the ward’s estate. It would be unreasonable to reimburse the conservator from the estate for its attorney’s fees spent defending the breaches of fiduciary duty.

Full Article and Source:
Alaskan Conservator Breached Fiduciary Duties

Probate Sharks - OBRA Special Needs Pooled Trusts: Permissable Distributions and Federal Regulations

Many of our readers have asked us for more information about OBRA trusts. OBRA trusts were originally created for disabled people with long-term needs, so they could move into public aid facilities and have funds left for their special needs. An appropriate situation would be for a disabled child who received a malpractice award meant to cover long-term needs. In order to prevent the child's funds from being quickly drained by nursing home costs, OBRAs were created to allow the disabled child to be placed into a public aid facility, and have their estate available throughout their life for those things not provided by public aid. Once the OBRA is created though, private pay facilities are no longer an option for the child, in accordance with OBRA laws.

In the Cook County Probate Courts, these OBRA trusts are being abused. The elderly disabled are having their substantial estates (their hard-earned life-long savings) placed into OBRAs. Wards who lived at home or in beautiful private pay facilities prior to their guardianships have their funds placed into OBRAs (despite having enough funds to enjoy their private pay facilities for the rest of their lives), and are moved to less desirable public aid facilities (at the cost of the taxpayer). The wards' estates are then VERY quickly depleted by the guardians, GALs, and attorneys.

Although the OBRA laws were created for the purpose of providing for a high quality life for the ward while on public aid, this is not occurring. Over 65% of the Public Guardian's elderly wards' estates are placed into OBRA accounts, and these substantial estates are rapidly depleted by the guardians and attorneys, with the approval of certain judges, rather than being spent on the wards special needs.

[See ProbateSharks.com for] a comprehensive list of what is allowed by law to be paid from OBRA trusts, FOR THE BENEFIT OF THE WARD; also included are our comments to show what is actually occurring to wards on the 18th floor of the Daley center. These examples are substantiated with public court records. Case numbers will be provided to investigators upon request.

This abuse must be exposed for what it is: Financial exploitation of the elderly disabled and medicaid fraud and abuse on the part of some of the judges, guardians, GALs, and attorneys in the Cook County Probate Courts.

Signed,
Your ProbateSharks Team of Medicaid Fraud and Abuse Whistleblowers

Source:
ProbateSharks.com

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

Former New Jersey Attorney Indicted

A former Northfield attorney was indicted Tuesday in the theft of more than $220,000, Atlantic County Prosecutor Ted Housel said in a news release.

Gary Levin, 61, of Egg Harbor Township, was indicted by a grand jury for second-degree theft by failure to make required disposition after he allegedly misappropriated $220,149 from his attorney's trust account between Aug. 1, 2008, and Oct. 12, 2010.

The money "represented settlement proceeds belonging to nine different clients," the news release says.

Levin, who has been a lawyer in New Jersey since 1999, was suspended by the state Supreme Court in September 2010 and permanently disbarred a month later.

If convicted, Levin faces a maximum sentence of 10 years in prison and $150,000 in fines, First Assistant Prosecutor Jim McClain said in a news release.

Full Article and Source:
Former Northfield Attorney Indicted in Theft of Clients' Settlement Funds

Danny Tate Battles for His Estate Taken Under the Guise of "Protection"

Nashville songwriter Danny Tate won back control of his life and finances last year — or what was left of them.

Now Tate is petitioning a Tennessee appeals court for the return of hundreds of thousands of dollars in attorney fees that were paid out of his bank account during the drawn-out court battle over whether Tate was legally competent to control his own finances.

Stripped of his legal rights by a court that ruled that his use of crack cocaine had left him incapable of managing the $600,000 in his account, Tate battled the ruling for almost three years.

In May 2010, he was found competent and the conservatorship of his estate was lifted. But by then, there wasn’t much of an estate left. The money he once had in the bank was all but gone, his credit rating was in tatters and the 2010 Nashville flood had swamped his home.

“If every musician who’s ever struggled with drugs needed a conservatorship, you’d have to lock up 70 percent of Music Row,” Tate said.

“Once they clean you out, you have no ability to seek legal recourse.”

A quirk in Tennessee conservatorship laws meant attorneys on both sides of the case drew on Tate’s estate to pay their legal fees. Attorney Michael Hoskins, who represents Tate, said he is asking the appellate court for at least $176,000 in reimbursement for legal fees, although that figure could rise.

Tate estimates his estate could be billed another $250,000 to $300,000 in outstanding legal fees. The appeals court ruling could come any time in the next six to 18 months, Hoskins said.

Full Article and Source:
Nashville Musician Danny Tate Pursues Funds Lost in Court

Assisted Living Center Closes Due to Abuse and Financial Exploitation

Elder abuse has many faces and can be subtle enough that it remains undetected for long periods of time. In Carson City, NV the state has closed down a Las Vegas assisted living center after accusations that it’s elderly residents were physically abused and had their money stolen from them.

The Las Vegas Sweet Home representative had no comment on the findings. The residents of the assisted living center were removed and placed in other facilities after the Bureau of Health Care Compliance suspended the license of the nursing home. The investigation against the Las Vegas Sweet Home uncovered that Social Security checks and other funds were allegedly being deposited into the personal accounts of caregivers. The investigation also found out that the caregivers were taking more money than necessary for grocery shopping and pocketing the difference. There was once incident where a female elderly resident had a shouting match with a manager and then he dragged by her ankles kicking and screaming down the hall. The woman was removed from the home immediately and the Metro Police investigated the alleged physical abuse. According to reports the assisted living center had been investigated and fined in multiple cases in the recent years. The state concluded that the residents were not safe as a result of chronic and repeated non-compliance with regulations and issued a suspension against the facility.

Unfortunately in this case, it took multiple complaints to be filed for this investigation to take place and for state officials to finally close it down.

Full Article and Source:
Assisted Living Center Closes Due to Abuse and Financial Exploitation

Marti Oakley and Sara Harvey Guest on 'The Jeff Rense Program'

Marti Oakley ('The Truth Squad') and Sara Harvey were Jeff Rense's special guests 9/15/11, on an hour long program dedicated to guardianship abuse.
Listen to the program

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HelpBringGaryHome

Home Care Provider to Pay $150 Mil in Fraud Settlement

A national home health care provider has agreed to pay $150 million to settle allegations that it fraudulently billed Medicaid and other government programs for services that weren’t provided.

The agreement comes in a deal between Maxim Healthcare Services and the federal government in addition to more than 40 states.

Government officials had alleged that Maxim — which provides home health services to people with disabilities and other health needs — ran a “nationwide scheme” to bilk federal benefits programs out of over $61 million between 2003 and 2009.

The wrongdoing was first uncovered by Richard West, a New Jersey resident who noticed that Maxim had billed Medicaid for services he never received.

“This type of fraud uses patients as pawns in a game of corporate greed that puts cash over care, running up the bills on the very people our public health care programs are supposed to benefit,” said Tony West, assistant attorney general of the civil division of the U.S. Department of Justice.

“We take full responsibility for these events… and we are pleased to reach a settlement that will allow us to move forward with the important work of caring for our patients and clients who depend on us each and every day,” Maxim CEO Brad Bennett said in a statement.

In addition to the payments Maxim has agreed to make — which will be divided between the federal government and states — nine individuals including eight former Maxim employees have already pleaded guilty to felony charges related to the fraud allegations.

Full Article and Source:
Home Care Provider to Pay $150 Million in Fraud Settlement

Senate Subcommitee Hearing on Guardianship This Thursday!

“Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”

Senate Judiciary Committee
Subcommittee on Administrative Oversight and the Courts
DATE: September 22, 2011
TIME: 02:30 PM
ROOM: Dirksen Senate Office Building, Room 226

NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing of the Subcommittee on Administrative Oversight and the Courts entitled “Protecting Seniors and Persons with Disabilities – An Examination of Court - Appointed Guardians” for Thursday, September 22, 2011, at 2:30 p.m. in Room 226 of the Dirksen Senate Office Building.

Chairman Klobuchar to preside.

Witness List:
Kay Brown
Director, Education Workforce and Income Security
U.S. Government Accountability Office
Washington, DC

Naomi Karp
Strategic Policy Advisor
AARP Public Policy Institute
Washington, DC

Robert Baldwin
Executive Vice President and General Counsel
National Center for State Courts
Williamsburg, VA

Michelle Hollister
Managing Partner
Solkoff Legal, P.A.
Delray Beach, FL

Source:
Hearings and Meetings

Note: This hearing will be webcast - click the Source link to view!

No Guardian Appointed in Mehta-Paul Case

Lake Circuit Judge George Paras Thursday denied requests from the sons of missing Munster ophthalmologist Promila Mehta-Paul to appoint John Argus and his Munster-based American Management Systems International as legal guardian of her estate.

Paras’ decision surprised attorneys representing the sons, one of whom has been implicated by Munster police in her disappearance.

Mehta-Paul was reported missing in March and last week Munster police named her eldest son, Paresh Paul, 38, who also goes by the name Paul Fontaine and several other aliases, as a “person of interest” in her disappearance. Paresh Paul has not been named as a suspect, arrested or charged in the case. Munster Police Chief Stephen Scheckel said he believes Mehta-Paul is dead.

On Wednesday Rybicki confirmed all three brothers consented to hire American Management as guardian, avoiding a costly fraternal legal battle. But none of the Paul sons showed for the hearing and Paras questioned whether American Management had any legal standing.

Rybicki and Merrillville lawyer Geoffrey Giorgi, who represents American Management, said their clients chose Argus’ company. But Paras remained unconvinced, noting that this was no ordinary guardianship hearing and that a missing person was involved. Because of “the uniqueness of the situation,” Paras denied the petition to appoint American Management. However, Rybicki and Giorgi persuaded him not to appoint another guardian until they could discuss it with their clients.

Paras set the next Mehta-Paul guardianship hearing for 8:30 a.m. Sept. 27 and said he hoped all interested parties would attend.

Full Article and Source:
No Guardian Appointed in Mehta-Paul Case

Guardian Dispute Resolved

The three sons of missing Munster ophthalmologist Promila Mehta-Paul vying to be named legal guardians have resolved their dispute and agreed to a third party guardian.

Lake County Circuit Court Judge George Paras will hear the sons’ pleadings at 1 p.m. today in Crown Point. On March 24 Dr. Mehta-Paul, vanished along with her gold Toyota Rav4 and has not been seen since.

Guardianship is a legal proceeding in which someone is named responsible to the court to handle personal, medical or financial matters for someone.

In July Mehta-Paul’s oldest son, Paresh Paul, 38, under the name Paul Fontaine filed for legal permission to become the executor of his mother’s guardianship estate. Last week Munster police said they now believe Mehta-Paul is dead and named Paresh Paul as a “person of interest” in her disappearance. However, police officials have not named him as a suspect or charged him, though Police Chief Stephen Scheckel said police believe Paresh Paul was involved in his mother’s disappearance.

At the request of Mehta-Paul’s younger brothers, John D. Argus and his Munster-based company, American Management Systems International filed a petition Sept. 13 to be appointed legal guardian of Mehta-Paul’s estate, which includes her Highland eye specialty practice and her Munster home in the Twin Creek neighborhood. That set the stage for a public family battle, which apparently has now been averted.

Full Article and Source:
Munster Firm Named Guardian of Missing Eye Doc's Estate

Note: Our feature story today indicates a guardian has not been assigned in this case.

New "Guardianship Fraud Hotline" in Palm Beach Co, FL.

More than 2,500 Palm Beach County children, elderly and disabled residents who depend on a court-appointed guardian to manage their finances may now have additional protection against fraud or misuse of their money.

The county's Clerk of Courts Monday launched the Guardianship Fraud Hotline, where anyone who suspects a guardian is stealing money, misusing assets or overcharging a ward can report it to county officials.

In addition to the hotline, the Clerk of Courts has beefed up its guardianship audits since February, when clerk Sharon Bock hired an auditor to solely look at potential fraud and misuse by guardians. Six additional auditors have also been trained to closely examine guardianship complaints .

"As the economy became more and more of a problem, it became clear that the people who are really very vulnerable were potentially going to fall victim to exploitation," Bock said. The hotline and additional auditors cost the court about $100,000, she said.

While U.S. Census figures point to a future increase of the senior citizen population in Palm Beach County, Bock said it was the ideal time to put in place a system that would guarantee some of the county's most needy residents would be protected.

The hotline, Bock added, will serve "a deterrent effect to the guardians who are under the court watch, so they know that in the event that something goes wrong or in the event that anyone suspects something is going wrong, they will be audited and their information will be examined."

Among the complaints typically handled by auditors include money missing from a person's account and overcharging for legal or clerical fees, said Anthony Palmieri, senior auditor for the clerk's division of the Inspector General's office.

"We are looking with a fine-toothed comb what the guardian is actually doing with the ward's assets," Bock said. "Up until this started there was nothing to turn to."

Source:
Guardians Face Audits, Hotline Complaints Under New Palm Beach County Clerk Service

Contact the Guardianship Fraud Hotline

Long-Term Florida Care Cop is Necessary

Millions of elderly Floridians in long-term care facilities deserve a robust, independent watchdog to combat and prevent abuse and neglect.

At present, they have none.

The state’s Long-term Care Ombudsman Program sends volunteers to nursing homes and other long-term care facilities to check on conditions and respond to complaints from residents and their families.

But a disturbing report la from the U.S. Administration on Aging charges that the program is hamstrung by political interference and by a lack of independence from the state Department of Elder Affairs — the agency it should be free to criticize.

At the center of this ongoing controversy is Gov. Rick Scott’s decision, soon after he took office in January, to fire ombudsman program leader Brian Lee, an outspoken advocate for the elderly who had antagonized the nursing home industry.

Lee’s dismissal shows the basic fault in the system. The ombudsman is supposed to have the authority to criticize the licensing rules for care facilities developed by the Department of Elder Affairs, and other activities.

But Elder Affairs also has the power to hire and fire the ombudsman.

The federal report says Elder Affairs administrators admit they do “not support the spirit” of the federal rules that are supposed to guarantee the independence of elder advocates and volunteers in the program.

That independence is critical to any ombudsman program seriously intended to deal with problems in long-term care.

Full Article and Source:
Long-Term Florida Care Cop Necessary

• Sen. Garrett Richter, District 37, 338-2777, richter.garrett.web@flsenate.gov
• Sen. Lizbeth Benacquisto, District 27, 850-487-5356, benacquisto.lizbeth.web@flsenate.gov
• Sen. Mike Bennett, District 21, 225-3697, bennett.mike.web@flsenate.gov
• Rep. Ken Roberson, House District 71, 941-613-0914, ken.roberson@myfloridahouse.gov
• Rep. Paige Kreegel, House District 72, 941-575-5820, paige.kreegel@myfloridahouse.gov
• Rep. Matt Caldwell, House District 73, 533-2411, e-mail matt.caldwell@myfloridahouse.gov
• Rep. Gary Aubuchon, House District 74, 344-4900, gary.aubuchon@myfloridahouse.gov
• Rep. Trudi Williams, District 75, 433-6775, trudi.williams@myfloridahouse.gov
• Rep. Kathleen Passidomo, District 76, 417-6200, kathleen.passidomo@myfloridahouse.gov
• Rep. Matt Hudson, District 101, 417-6270, matt.hudson@myfloridahouse.gov
• Senate President Mike Haridopolos, 850-487-5056, haridopolos.mike.web@flsenate.gov
• House Speaker Dean Cannon, 850-488-2742, dean.cannon@myfloridahouse.gov
• Gov. Rick Scott, 850-488-7146,
rick.scott@eog.myflorida.com

Editorial: Nursing Home Accusations are 'Ludicrous'

Disability Rights Iowa Executive Director Sylvia Piper’s recent letter to the Des Moines Register and open letter to Gov. Terry Branstad shows a blatant disregard for the facts and truth relating to Iowa’s nursing facilities’ quality and oversight.

The Iowa Health Care Association’s 329 member nursing facilities care for approximately 42,000 frail and elderly Iowans each year. Of those, 30 percent receive rehabilitation services (i.e. for a broken hip or knee replacement) and successfully return home after a few weeks or months. Others make the nursing facility their home in order to receive nursing care and services that they or their families are unable to provide in their own home. At any one time, 60 percent of residents are receiving dementia, end-of-life or hospice care services in their nursing facility.

Piper’s assertion that no one is watching out for our vulnerable citizens is ludicrous. The care and services provided in all Iowa licensed nursing facilities are closely regulated at both the state and federal levels. In fact, nursing facility care is among the most regulated professions in Iowa and the nation.

Full Editorial and Source:
Nursing Home Accusations are 'Ludicrous'

Arizona Home Health-Care Worker Admits Theft

A home health-care worker admitted in court Wednesday that she stole more than $63,000 over two years from a couple in their mid-90s.

Rosario Valenzuela Bravo, 56, pleaded guilty to theft/financial exploitation of a vulnerable adult in Pima County Superior Court. She could be placed on probation or receive up to 8.75 years in prison.

If placed on probation, Bravo will have to serve at least six months in jail, but if she pays some restitution prior to sentencing, that could be reduced.

Bravo will also be required to pay $2,000 to the Health Care Fraud and Abuse section of the Arizona Attorney General's Office.

Bravo was indicted in July on three counts of forgery and one count each of fraud and theft/financial exploitation of a vulnerable adult.

Bravo stole the money by forging checks and using one of the couple's credit cards without permission, Assistant Arizona Attorney General Jesse Delaney said.

Bravo often added $3,000, $4,000 and $7,000 to her weekly paycheck and then persuaded her patients to write a second check, saying she hadn't been paid yet that week.

Full Article and Source:
Tucson Health Worker Admits Stealing

AZ: Exploitation Trial Starts Oct 19

The trial for a woman accused of capitalizing on a dying woman’s estate remains on schedule to start later next month.

Heather Driscoll will face a jury starting Oct. 19 in Payson. Driscoll’s former husband, Michael Lowe, will stand trial starting Nov. 1 for his alleged larger role in taking over Alicia Christopherson’s estate.

A grand jury indicted both more than a year ago — Driscoll on charges of theft from a vulnerable adult for an amount less than $25,000, and Lowe for Christopherson’s estate which was close to half a million.

The case turns on whether Christopherson was legally capable of altering her estate in 2003 making Lowe the sole trustee. She had established the trust originally in 1993 with her grandson, Roger Wolfram, the beneficiary. Through the years, Christopherson changed the beneficiary several times — including one version in which she would have left the bulk of the estate to Hospice.

Full Article and Source:
Trial for Woman Accused of Taking Elderly Woman's Assets Starts October 19

Justice Department Files Lawsuit Against Texas Department of Family and Protective Services

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, September 7, 2011

The Department of Justice announced the filing of a lawsuit against the Texas Department of Family and Protective Services (DFPS), alleging the agency discriminated against a black male former employee on the basis of race and/or sex by subjecting him to a hostile work environment and then terminating him in violation of Title VII of the Civil Rights Act of 1964, as amended. The suit was filed in federal district court in the Western District of Texas.

According to the department’s complaint, from early 2007 until his termination in July 2007, Michael Lewis was subjected to race- and gender-based slurs and insults and other objectionable conduct by his first- and second-line supervisors. Additionally, the supervisors ignored and even ridiculed his repeated complaints to them about being harassed by one of his assigned clients at DFPS, in contrast to the office’s prior practice of transferring non-black, female investigators from cases in which they experienced harassment from clients. The racial and sexual harassment of Lewis ultimately culminated in his termination.

“All workers have the right to go to work each without facing discrimination and without having to suffer racial and sexual harassment. Public employers should set an example for others by upholding the law and taking prompt and effective action to stop discrimination when it occurs,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Department of Justice will vigorously pursue such violations of Title VII.”

The El Paso, Texas, area office of the Equal Employment Opportunity Commission (EEOC) investigated and attempted to resolve Lewis’s charge of discrimination before referring it to the Department of Justice for litigation. More information about the EEOC is available on its website at www.eeoc.gov.

The enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its websites at www.justice.gov/crt/ and www.justice.gov/crt/emp/.

Source:
Justice Department Files Lawsuit Alleging Racial and Sexual Harassment by the Texas Department of Family and Protective Services

Elder Abuse Lawsuit Filed on Behalf of Mickey Rooney

Lawyers from Holland & Knight LLP have filed an elder abuse lawsuit on behalf of Hollywood legend Mickey Rooney and his court-appointed conservator. In a petition brought in Los Angeles Superior Court, the lawsuit claims that Rooney's stepson, Christopher Aber, and his wife, Christina, financially and verbally abused Rooney over a 10-year period, leaving the famed entertainer powerless over his assets and personal life.

In February of this year, Los Angeles Superior Court Judge Reva Goetz granted court protection to Rooney, appointing attorney Michael R. Augustine as his conservator. Attorneys Bruce S. Ross and Vivian L. Thoreen of Holland & Knight in Los Angeles represent Rooney and Augustine, who charge the Abers with breach of fiduciary duty and fraud stemming from the elder abuse, along with misappropriation of Rooney's name and likeness.

Although he remains mentally sharp and physically able, Rooney has nonetheless in recent years become dependent on others for care and assistance. Even throughout his career, Rooney relied on support from others to help manage his personal and business affairs. According to the complaint, Aber took advantage of the trust and confidence that Rooney put in him, and in the process took control of Rooney's income and finances to enrich himself and his wife, while leaving Rooney no control over or access to his finances. Rooney alleges that the Abers regularly withheld food and medication, leading to bouts of depression.

"Clearly fame does not insulate an individual from the trauma and neglect of elder abuse, as Mickey Rooney's case vividly demonstrates," said Bruce S. Ross of Holland & Knight. "Mickey was exploited by a close relative in whom he placed his trust and looked to for guidance. If a person of Mickey Rooney's stature and profile can be victimized, there are untold numbers of less fortunate seniors who are similarly being abused in this country."

Full Press Release and Source:
Holland & Knight Files Elder Abuse Lawsuit on Behalf of Hollywood Legend Mickey Rooney, Claiming Financial and Verbal Abuse by Rooney Stepson Chris Aber

Coma Mom Defies the Odds After Devestating Accident

Shelli Eldredge's dream vacation nearly killed her.

After a moped accident in Hawaii broke nearly 50 of her bones, fractured her skull, snapped her spine and left her in a coma, doctors didn't have much hope for her recovery. One recommended stopping life support.

But her husband, Dr. Stephen Eldredge, couldn't give up.

"We made the decision we were going to move forward at all costs," he said.

Then Shelli defied the odds -- after about a month in a coma, she woke up and started speaking. She’s now back home in Utah, talking and walking with assistance. She’s working hard in physical therapy three times a week with the goal of returning to her active life.

Full Article, Video and Source:
Coma Mom Defies the Odds After Devestating Accident

Free Britney: Is Forbes Questioning Britney's Conservatorship?

As the word spreads of Britney Spears’ conservatorship and the lawsuit involving it from Brand Sense, more & more media outlets are questioning it’s status. The question here being: If Britney can endure a months-long tour, release albums, meet fans, promote her brand, & give interviews.. why is she not “competent” to testify in a case involving HER brand? She is the beneficiary of Britney Spears Inc after all.

But here’s the catch, Jamie Spears (conservator) is in control of her finances. Brand Sense claims that in early 2010, the company was cut off from their 35% commission. This would place the blame solely on Jamie Spears, as Britney has had no control over her finances since early 2008.

Why then are they asking Britney to be deposed? Perhaps they want more answers questioned than we think.

Forbes asks: Is Britney Spears Hiding Behind Her Conservatorship?

Source:
FreeBritney.com

California Elder Abuse Bill Sparked by Victim

Nine months ago, Liz Sanders had never been to the State Capitol. She had no idea who her state senator was, or what it might take to enact legislation. What she did know was that she had to do something to protect other families from the abuse that devastated her family. “My mother was preyed upon by her in-home caregiver. She was fleeced out of her life savings,” said Sanders. “I knew I had to do something to prevent another family from suffering this kind of heartbreak, but I didn’t know where to begin.”

Sanders said she started calling lawmakers. “And Senator Pavley was the only one who listened to me and decided to take action.” Now, due in large part to Liz’s passion and tenacity, Senator Pavley’s bill that aims to crack down on elder abuse is headed to the governor’s desk.

“The physical and financial abuse of elder and dependent adults is an insidious and growing problem in California,” said Senator Fran Pavley (D-Agoura Hills). “When Ms. Sanders called my office and explained what happened to her mother, it just made sense to pursue legislation.”

Sanders has flown to Sacramento several times to testify in support of Pavley’s SB 586, which passed the Senate [8/30/11]. The bill would double penalties for elder and dependent adult abuse and would impose new regulations for the issuance of so called “signature stamps.”

“A $20 signature stamp cost my mother three-quarters of a million dollars and left her in financial ruin,” said Sanders. “It simply shouldn’t be this easy.”

Full Article and Source:
Elder Abuse Bill Sparked by LA Victim Headed to Governor

CA: Elder Abuse Hotline May Go on the Web

Legislation to prevent police, doctors and bankers from being kept on hold for long periods of time when calling in suspected elder abuse is on its way to the governor.

The measure would allow authorities to submit these reports by using a secure and confidential Internet site rather than calling in on a telephone line that at times can be busy.

“This effective reporting system will ensure that our seniors’ voices are heard and abuses are not overlooked,” said Sen. Juan Vargas, a San Diego Democrat who carried the bill.

San Diego County officials pressed for the change, saying overloaded phone lines and budget squeezing threaten to frustrate those who are required by law to file reports of suspected physical or financial abuse.

The average time spent on hold is 6 minutes and 48 seconds, according to county records. The longest delays range from 39 minutes to 74 minutes.

The Internet reporting system would be optional.

Senate Bill 718 sailed through the Legislature without opposition, most recently clearing its final house vote.

Full Article and Source:
Elder Abuse Hotline May Go on the Web

Probate Sharks: FBI News Release

FBI NEWS RELEASE
September 7, 2011:

United States v. Jay Canastra

Jay Canastra, the director of admissions at The Wealshire, a nursing home in northwest suburban Lincolnshire, was charged with accepting a $1,600 kickback in exchange for referring nursing home Medicare patients to a home health care agency in West Dundee.

Canastra, 38, of Vernon Hills, was charged with one count of violating the anti-kickback statute in a criminal information filed today in U.S. District Court. He will be arraigned at a later date.

According to the charge, on Dec. 4, 2009, Canastra received the $1,600 cash kickback from unnamed Individual A, who was a representative of unnamed Agency A, which was authorized by Medicare to provide home heath services. Canastra allegedly accepted the payment in exchange for referring Medicare beneficiaries at his nursing home to Agency A, in violation of the federal law that makes it illegal to exchange kickbacks in return for Medicare referrals. There is no allegation that the nursing home or any other official there were aware of the alleged kickback.

The government is represented by Assistant U.S. Attorney Dylan Smith. The case was investigated by the FBI and the HHS-OIG.

The charges in these cases carry the following maximum penalties on each count: health care fraud — 10 years in prison, and mail fraud — 20 years in prison, and both carry a $250,000 maximum fine, or an alternate fine totaling twice the loss or twice the gain, whichever is greater; and making false statements regarding a health care matter, and violating the anti-kickback statute — 5 years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under the advisory United States Sentencing Guidelines.

The Medicare Fraud Strike Force operations, which expanded to Chicago in February 2011, are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since their inception in March 2007, Strike Force operations in nine locations have charged more than 1,140 defendants who collectively have falsely billed the Medicare program for more than $2.9 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Editor's note: Good work FEDS! Kudos to Dylan! This is a fine beginning, however, the perpetrators who allow this decedent system to propagate are still free. The corrupt Probate Court of Cook County is the hotbed that allows the Medicare/Medicaid crooks to flourish. ~~Lucius Verenus, Schoolmaster, ProbateSharks.com

Source:
ProbateSharks

Gary Harvey Divorces Sara Harvey*

Wedding vows once went something like this:

Bride: I, (name), take you, (name), for my lawful husband, to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do us part.

However, it doesn’t seem as though those wedding vows have any meaning anymore. Well, not in the Gary and Sara Harvey case anyway. No, in Chemung County, New York, it would seem the vows have become:

“You, Sara, don’t get to take Gary anywhere and neither shall you have him or hold him from this day forward, whether it is for better or worse. We’ll take him for richer and you can pay the insurance to keep him from being poorer, in sickness and infection, until death does he part from us and gets written off the books.”

Who are these people that think so little of their ward, Gary Harvey, and his bride, Sara? Who are these people who toy with the lives of others and think they, the controllers, are so “enlightened” and “righteous?” Have they forgotten that they are supposed to be making decisions, not as they themselves might make for self, but rather, as Gary would want the decisions made?

Full Article and Source:
Gary Harvey Divorces Sara Harvey by Virtue of the County

*by virtue of the County

JOIN the Facebook Page: Rescue Gary Harvey

See Also:
HelpBringGaryHome.com

Neglecting the Elderly Isn't a Partisan Issue - It's a Moral One

All year, I've been writing about troubling developments when it comes to elderly care in this state.

Cases of neglect, abuse — even death — are on the rise. And Florida politicians are making things even worse, muzzling the watchdogs who report abuse and making it easier for profit-making facilities to skimp on care.
Many of you have expressed outrage.

Well, now the feds are getting involved.

Last week, the U.S. Administration on Aging released an investigative report that determined Florida was "non-compliant" in several elements of Florida's Long-Term Care Ombudsman program.

In layman's terms, that means Florida isn't meeting this country's basic standards for protecting and caring for elderly residents.

That's disgraceful.

Elderly care and neglect isn't a partisan issue. It's a moral one.

No patient should miss medication, dine among roaches or go unwashed. Yet we've seen all of that.

Even more troubling than Florida's existing problems is that some want to make things worse.

The troubles that prompted federal officials to investigate started shortly after Rick Scott was sworn in as governor — and he ousted the state's elder-care ombudsman, Brian Lee.

Lee ran a program that was a success by most any measure.

It was primarily volunteers — 400 watchdogs who looked for problems at nursing homes and assisted-living facilities. And the Floridians who asked for their help reported 98 percent satisfaction. (Try finding another government agency with a satisfaction rate that high.)

The program also was cheap and effective. Last year, it conducted a record-high 9,000 investigations. And because volunteers were doing most of the work, the agency operated on a shoestring budget: $2.3 million. (By comparison, Gov. Scott requested $600 million in the budget for his executive office alone.)

The agency didn't have all the powers and teeth that many people wanted. But when it got involved, it got results — for pennies on the taxpayers' dollar.

The problem for Lee was that the industries he regulated didn't care for him. He and his staff were too nosy and vigilant.

Scott's administration ousted him.

Full Article and Source:
Neglecting Elderly Isn't a Partisan Issue — It's a Moral One

Recommended Program - The Truth: Exploitation Laws Protecting Seniors

Vulnerable older adults who live alone without the assistance of a strong social support network may be at greater risk of being exploited. They often look forward to a friendly voice on the telephone or visitor at the door — someone who will spend time listening to them.

Unfortunately, that friendly voice may not have good intentions and can lead to having the elder become the next victim of financial exploitation.

All of us can help prevent fraud and exploitation by reminding elders to be wary of scams and encouraging them to ask for help before a situation escalates.

The good news is that our community has a strong network of professionals and human service providers focusing on offering services and programs to assist older persons and their caregivers. These partners joined together last year to form Lee Elder Abuse Prevention Partnership, which is an elder abuse coalition serving Lee County.

LEAPP will host an informative event at Broadway Palm Dinner Theatre in Fort Myers on Sept. 14. All of us can take action by participating in this upcoming program.

This program entitled “The Truth: Exploitation Laws Protecting Seniors” will be presented by Joe Roubicek, economic crimes detective with Broward County State Attorney’s Office. Detective Roubicek is the author of the book “Financial Abuse of the Elderly: A Detective’s Case Files of Exploitation Crimes,” which serves as a criminal justice educational tool throughout the country.

According to Detective Roubicek, “Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation.” While that seems like a simple definition, he will further explain that the law requires that the “elderly person” be 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.

In other words, “It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.”

Full Article and Source:
Aging Gracefully - Friendly Voices Frequently Exploit

See Also:
FinancicalExploitationOfTheElderly.com

Family of Man Whose $2 Million Estate Went Mostly to His Lawyer Rejects His Settlement Offer

The family of an 88-year-old deceased man, the bulk of whose $2 million estate went to the lawyer who drafted his will, has rejected a settlement that would have allowed the lawyer to keep most of that money.

Gail Heitz-Cahill of Westport said Thursday that her family offered to let Milford lawyer James Englis keep 20 percent of the estate, but they rejected a counter offer that would have left them with the short end of a 60-40 split. "We are going to go ahead with taking depositions and pursuing our complaint against Jim Englis to the bar grievance panel,'' she said.

John Lecouras inherited $2 million upon the untimely death of a nephew in 2007. A will he signed a year later left Englis and several of the lawyer's relatives a total of $1.1 million, while Lecouras' own family, including the woman with whom he spent 37 years, shared $800,000. After Lecouras died last year Probate Judge Paul Ganim removed Englis as executor and appointed Bridgeport attorney Fred Paoletti as temporary administrator of Lecouras' estate.

The family has also filed a complaint against Englis with the grievance panel of the Ansonia-Milford Judicial District, charging that Englis exerted undue influence on an elderly, ill Lecouras to change his will.

Full Article and Source:
Family of Man Whose $2 Million Estate Went Mostly to His Lawyer Rejects His Settlement Offer

In the Blink of an Eye

Source:
In the Blink of an Eye

White House Creates Website for Online Petitions

The White House is making it easier for people to press the federal government to act.

It is bringing that constitutional right to petition one's government into the digital age with a webpage, "We the People," where people can create and sign petitions seeking the government's action on a range of issues.

An official response is guaranteed for any petition that draws enough signatures — 5,000 names within 30 days — after it is reviewed by staff and the appropriate policy experts within the Obama administration.

Source:
White House Creates Website for Online Petitions

WeThePeople.gov

Attorney (Former Judge) Arrested in Elder Abuse Case

A former North Plains Municipal Court judge and longtime Forest Grove attorney has been arrested in connection with an elder abuse case involving his mother-in-law, the Forest Grove Police Department reported.

A Washington County grand jury indicted Robert A. Browning, 66, on seven counts of first-degree criminal mistreatment, a felony, said Capt. Mike Herb, a Forest Grove police spokesman. The case, Herb said, will be prosecuted by the state's Department of Justice because Browning's served as an attorney in Washington County so long.

When Browning resigned as judge from North Plains in January, he alluded to a possible investigation in his letter to the city. The investigation by police, the justice department, the state adult protective services program and the Oregon State Bar began in July 2010,Herb said.

Amy Jeanine Moore, 40, a secretary at Browning's law firm, was also arrested Friday on charges of identity theft and fraudulent use of a credit card. Authorities learned of Moore's alleged criminal activity during their investigation of Browning, Herb said.

Moore's charges stem from her use of a credit card that belonged to a deceased client of the law firm, police said. Transactions using the credit card occurred in June and July 2010, police said, about a year after the client had died.

Browning and Moore both turned themselves into detectives at the Washington County jail Friday, Herb said. They will be arraigned Sept. 20.

Full Article and Source:
Forest Grove Attorney, a Former North Plains Judge, Arrested in Elder Abuse Case

Group Says Branstad Actions Cause Nursing Home Deaths

An organization that advocates for disabled Iowans says decisions made by Gov. Terry Branstad are causing the state’s nursing home residents to suffer and die.

Disability Rights Iowa, which is part of a national network of advocacy groups established by Congress, published a scathing, open letter to Branstad on Wednesday, questioning the governor’s pursuit of a less punitive method of regulating Iowa’s nursing homes.

Sylvia Piper, the organization’s executive director, told Branstad in the letter that because of his “political choices, people are suffering and dying on a regular basis in Iowa’s nursing homes.” Piper invited Branstad to join her on a two-day tour of care facilities.

“I want you to see what I have seen,” she wrote. “I want you to witness up close the effects of abuse and neglect. I wager that less than 24 hours after our return, if you are even remotely human, you will double the number of nursing home inspectors on your staff.”

Branstad spokesman Tim Albrecht said Iowa’s inspections department, now led by former state lawmaker Rod Roberts, is doing “great work” and is protecting vulnerable Iowans.

Piper said her letter is a reaction to Disability Rights Iowa seeing an increase in complaints regarding nursing homes and other types of care facilities in Iowa.

“We do periodic reviews of the investigations that the inspections department does,” she said. “They appear to be overlooking things. We’re finding extremely incomplete work on these investigations. They are not, as they did in the past, looking into these problems in an in-depth way. It’s not good. We’re having to replicate their investigations.”

The Des Moines Register has asked the inspections department for details on the time now spent on inspections and the number of abuse complaints that result in investigations. The department has turned the newspaper’s request over to federal officials who have yet to provide that information.

Full Article and Source:
Group Says Branstad Actions Cause Nursing Home Deaths

Editorial: Branstad Has Met His Nursing Home Inspection Promises

The people of Iowa elected Gov. Terry Branstad. He appointed Rod Roberts to head the Iowa Department of Inspections and Appeals. A few weeks into the job, Roberts eliminated 13 jobs. Ten were nursing home inspectors. Two were part-time lawyers who investigated complaints of abuse in nursing homes.

During this year’s session of the Legislature, lawmakers restored money for some of the jobs, but Roberts isn’t going to use it to fill those positions. Inspectors were needed, according to DIA staff and the federal government.

But the Department of Inspections and Appeals now says the inspectors are not needed and the department is able to carry out its responsibilities without them, thank you.

It’s almost impossible to evaluate that assertion because the department recently blocked access to statistical information about its inspections and trends from those inspections.

This means the owners of Iowa nursing homes have fewer regulators to deal with. Vulnerable Iowans have fewer regulators to protect them. And the people of this state are entitled to think that they’ve been wronged by their government.

Full Article and Source:
Editorial: Branstad Has Met His Nursing Home Inspection Promises

Jeffrey Schend Released From Jail

A former Appleton guardian accused of stealing from elderly and disabled clients was released from jail Tuesday after a judge agreed to give prosecutors more time to prepare for trial.

Outagamie County Reserve Judge Harold Froehlich postponed Jeffrey M. Schend's trial to the week of Jan. 9, despite a speedy trial demand filed in July. The trial was scheduled to begin Sept. 12.

State law requires authorities to release defendants from jail when their demands for speedy trials aren't met. Schend, 44, who had been jailed since his May 11 arrest, was freed on a signature bond after his court appearance. He is required to live at his mother's Appleton home during the remainder of his case, report to authorities each weekday, and is prohibited from drinking and gambling.

Schend is charged with six felony counts of theft and one misdemeanor theft count. He's accused of stealing about $500,000 from his clients' accounts. As a guardian, Schend was appointed by county judges to handle finances for elderly and disabled people deemed incompetent to manage their own affairs.

Full Article and Source:
Schend Released From Jail

See Also:
Jeffrey Schend Wants Change of Venue