When Family Abets the Heartbreak of Guardian Abuse

Since both of Diane’s parents felt that out of their three children, she was the only one they could trust to give power of attorney, healthcare proxy and ultimately the executrix position, automatically one would have to assume that the eldest and youngest sibling did not warrant that respect. While I have had to write the previous articles based on witness statements, court transcripts, e-mails and comments to my writings, much of the information had been given to me by Diane. Until I started researching what she was telling me, I had to trust that everything she told me contained no falsehoods, regardless of how unbelievable some of what she shared was. While I never had reason to doubt her, seeing things in written words only validated her truthful demeanor and approach. It is remarkable to see that family members who are supposed to love their mother could team up with a seemingly corrupt judge, law guardian, healthcare manager and even Dorothy’s court appointed attorney to propagate, extend and expand the abuse.

What should have been a simple project and favor for Diane, turned into a wasted day of everyone’s time. While my friend and I were in the basement trying to figure out the easiest way to hoist a very heavy piece of exercise equipment up a tight flight of stairs, Diane’s brother stormed into the house. To ask for simple pleasantries was immediately out of the picture, as his attitude was as nasty and narrow-minded as some of the e-mails and comments he had sent me. I said hello to him when he came downstairs, and he started asking what we were doing, even though he had already been told upstairs. I have learned that the best way to see the true demeanor of a person is to let them speak. Virtually every word that came out of his mouth was either antagonistic or a straight out lie.

My intention had been to keep Diane’s siblings out of any further articles, but after this incident they both earned their way back in. Law guardian abuse cases are difficult enough. Judges will seize on family dissension as an excuse to wrestle control away from the person who should be the rightful guardian. When you have someone like the brother in this case, then it becomes even more difficult because they will align themselves with the corruption, rather than with what should be done in the best interests of the person put into guardianship.

Full Article and Source:
When Family Abets the Heartbreak of Guardian Abuse

Huguette Clark Signed Two Wills!

A newly publicized will by an heiress to a Montana copper mining fortune leaves most of her $400 million estate to her family, while a will signed just weeks later left nothing to relatives.

The childless Huguette Clark died in May at age 104 – a last breath of New York's Gilded Age that produced the Rockefellers, Astors and Vanderbilts.

Her relatives brought the new will to light on Monday: They filed court papers asking a Surrogate's Court judge to involve them in proceedings about how her money was spent – and by whom – while she was alive.

Clark's relatives accuse her co-executors, attorney Wallace Bock and accountant Irving Kamsler, of plundering her fortune. The two were among the few who for years had access to the reclusive Clark in her Manhattan hospital room. Clark had left her 42-room Manhattan home – the largest residence on Fifth Avenue – decades earlier, choosing to live undisturbed at the hospital.

A court-ordered accounting of the Paris-born heiress' finances as overseen by Bock and Kamsler in the last 15 years of her life is "a chilling report of the mishandling, misappropriation and mismanagement" of her assets, the relatives' lawyer, John R. Morken, wrote in papers filed Monday.

While Clark was confined to a hospital room, her spending amounted to about $1 million each month, Morken said, citing the figures.

Monday's filing, which was first reported by msnbc.com, included a will signed in March 2005, about six weeks before another will that Bock and Kamsler filed shortly after Clark's death.

Full Article and Source:
Huguette Clark, Montana Copper Heiress, Signed Two Conflicting Wills Before Death

See Also:
Huguette Clark Left $34mil to Nurse

FL: Some ALF's Pay Kickbacks for Residents, Task Force Told

When assisted-living facility owner Linda Cole phoned another owner in the hope of buying his Internet domain name, the man told her he found new residents the old-fashioned way: He paid for them.

“You do realize that’s illegal,” Cole said she told the man.

But his response was blunt: He was forced to pay for bodies, otherwise he wouldn’t fill his beds, she recalled.

During the final meeting of the state’s ALF work group Monday afternoon, owners and advocates for residents — many from South Florida — said the practice of paying kickbacks to fill their homes was rampant throughout the state, even though so-called “patient brokering” has been illegal in Florida since 1996.

The problem was among dozens recounted during the packed session at Florida International University before the task force members, who are expected to offer solutions to an industry that has been under fire with revelations of squalor and abuse in assisted-living facilities across the state.

Full Article and Source:
Some ALF's Pay Kickbacks for Residents,Task Force Told

Pauper V Probate: Children as Pawns for Judicial Retribution

Throughout the course of The “Temporary” Conservatorship of John Daniel Tate, my daughters have been shamelessly used as pawns, not only by the court, but especially in cooperation with my ex-wife, Katerina Kazokos Tate, who has used our daughters as pawns without giving second thought. I have kept my ex-wife out of the press for the sake of the children, but there is no depth to this depravity, so now I must expose her, for she is causing great harm to my daughters.

This post will lay out, document by document, just one recent example of this egregious action, and by the time you’re done reading, you should be outraged at what lengths a court will stoop to harm in order to protect itself.

In a recent post, I’ve made reference to how Tennessee Homeland Security has, in effect, caused my ejection from the state of Tennessee. In this on-line pleading I will demonstrate what this entails, how it happened, and all parties involved in this illegal, fraudulent and malicious action. You will be outraged and, I would hope, further compelled to join me in my effort to have Judge Randy Kennedy impeached.

Judge Phillip Smith is involved, 4th Circuit Court, Davidson County, TN, whose divorce/child support courtroom is right down the hall from Judge Kennedy’s, and whose abuse of robes appear to be marching orders of retribution, and this allegation was also suggested to me by attorney Michael Hoskins, but will outrage the reader by the time you’ve “followed the paper trail”, and see how these illegal practitioners will unconscionably use children as pawns in their acts of judicial retribution, in cooperation with DCS and especially Child Support Services.

Full Article and Source:
ImpeachRandyKennedy: Pauper V Probate - Children as Pawns for Judicial Retribution

Impeach TN Judge Randy Kennedy

Create a Petition by iPetitions.com

The Surprise Ending!

Yesterday we posted a new conservatorship/guardianship abuse story about a Nashville woman named Jewell Tinnon. Today we call your attention to analysis of that piece as posted at Impeachrandykennedy’s Blog by Nashville’s own adjudicated-pauper-by-probate-court Danny Tate.

In Pauper v. Probate: THE SURPRISE ENDING!, Tate discusses the “trademarks of abuse and corruption represented in this story” and connects the dots of players involved. Estate of Denial® encourages you to check out the great reporting on this story by WSMV Channel 4′s Nancy Amons as well as Danny Tate’s experience-based analysis.

The cast and mechanics have been seen before and this Nashville crew has counterparts in large and small counties across this country. In her reporting with regard to probate actions, Amons says “One woman ended up losing everything, and it could happen to anyone.” She’s right.

Source:
Danny Tate Analysis of Newly Exposed Jewell Timmon Nashville Probate Case

See Also:
ImpeachRandyKennedy - Pauper V Probate: The Surprise Ending

Woman's Death Raises Questions

Don Esco sought skilled nursing care at a Placerville facility for Johnnie, his wife of nearly 61 years, when she was recuperating from a bout with pneumonia. She died 13 days later. Esco sued, alleging that the medical charts lied about Johnnie's treatment.

After nearly 61 years of marriage, Esco's Texas-born dream girl – nicknamed "Sunshine" – died after a 13-day stay at the El Dorado Care Center in Placerville. Recuperating from a bout with pneumonia, Johnnie Esco, 77, was expected to return home with her husband after some rest and skilled-nursing care.

Don Esco buried his wife instead.

The nursing home and its former owner, Horizon West Healthcare Inc. – a Rocklin-based company with a history of licensing violations and run-ins with regulators – would soon be at the center of another legal storm.

Johnnie Esco's death on March 7, 2008, led to a contentious civil lawsuit, investigations by California's Department of Justice and Department of Public Health – and the exhumation of her body from Arlington National Cemetery.

Last week, amid inquiries from The Bee, the state Department of Justice reopened its criminal investigation into Johnnie Esco's treatment at the facility.

The case also raised questions about an aspect of nursing home care that many patients and families take for granted: the integrity of medical records.

"They were just penciling in what they wanted to," said Esco, who obtained his wife's medical records after her death.

He summed up his findings during the lawsuit in one word: "Fabrications."

Esco's suspicions about his wife's care at El Dorado Care Center mushroomed into a broad lawsuit filed in 2009 against the facility and its owner, alleging elder abuse, wrongful death and fraud. An integral aspect of the suit, filed by Esco and his three grown children, accused the facility of falsifying, altering and improperly handling the woman's medical charts as far back as her day of admission.

"It's really one of the most egregious cases I've ever handled," said the family's Sacramento attorney, Lesley Ann Clement.

Full Article, Video, and Source:
Woman's Death Raises Questions

Falsified Patient Records are Untold Story of California Nursing Home Care

On September 18th and 19th, the Sacramento Bee published an alarming series on the common complaint that nursing home records often have little to do with reality. The two-day series examined cases involving falsified nursing home records, including fabricated records that played a role in the death of a resident. In addition to pointing the finger at nursing homes for creating fake records, the articles illustrate how little the California Department of Public Health is doing to address this problem.

The series included the following tips from CANHR on monitoring nursing home records.

CHARTING - YOUR CHECKLIST

• Nursing home residents and their representatives have a right to review the individual's medical records.

• Review the resident's written assessment, known as the minimum data set, or MDS. Also ask to see the resident's care plan upon admission, and each time it is updated. Ask the nursing home to make changes and corrections as needed.

• Review medication records periodically to make sure the resident is not being given any drugs, especially psychoactive drugs, without knowledge and consent.

• Check routine nursing records, such as bathing ledgers, if neglect is suspected.

• If a resident is injured or abuse is suspected, review the nursing notes during the period in question and ask for copies of any official reports.

• If therapy services are being discontinued, denied or are otherwise in question, examine the therapy notes and physician orders to evaluate if the resident's therapy needs and services are appropriately documented.

• Social service notes can be a good source for learning the resident's overall status and care needs.

• If the doctor has ordered lab work, review test results and whether the staff and doctor have taken appropriate action.

• If you have concerns about the content or accuracy of any records, request copies immediately.

Source:
Falsified Patient Records are Untold Story of California Nursing Home Care

See Also:
CANHR.org

Investigation Reveals Failures in Protecting Oklahoma Nursing Home Residents

Nurses who used to work at Rest Haven Nursing Home in Tulsa describe it as a house of horrors.

"There was verbal abuse, physical abuse, lots of things reported," said Rita Rodriguez, a former nurse at Rest Haven.

She says Rest Haven was an unsafe environment that, even after complaints, never got better. She listed some of the worst offenses.

"The rats, the roaches, the filth," said Rodriguez.

Rodriguez had been a nurse at Rest Haven for a couple of years when another veteran nurse, Toby Dale, began working there this year.

"I've seen patients that were covered in maggots, that you know was taken to the showers, tub area, and put into a vat of water with half a cup of bleach and dipped, kind of like a dog," said Dale.

Both nurses say Rest Haven was the worst nursing home they've ever worked in and say it should have been shut down years ago. They called the Oklahoma Impact Team after they were fired from Rest Haven, they say, for alerting the state to patient abuse.

"They really don't care about the residents," said Dale. "They just, they belittle them. They make fun of them. They talk about them. They cuss them."

"It was just a whole lot of patient abuse that never was dealt with," said Rodriguez.

Inside Rest Haven, nursing home staff told our undercover producers Rest Haven was a happy place where residents were well taken care of. But the hallways and facilities were dirty and smelly and at one point, an employee blocked off a patient room to keep our producers from looking inside.

Full Article,Video and Source:
Investigation Reveals Failures in Protecting Oklahoma Nursing Home Residents

Watch News Video

Warning! Medicaid Phone Scam

Alabama Medicaid officials warn that a telephone scam has been reported aimed at obtaining personal and banking information from Medicaid recipients.

Medicaid Deputy Commissioner for Beneficiary Services Lee Rawlinson said Alabama residents have reported receiving phone calls from people pretending to be Medicaid eligibility workers. Rawlinson said the callers ask for bank account numbers and other personal information so they can send out a new identification card.

She said Medicaid workers would never call and ask recipients for bank account numbers over the telephone.

Suspected fraudulent activity should be reported to the agency's fraud hotline at 1-866-452-4930.

Full Article and Source:
Alabama Medicaid Officials Warn of Fraudulent Phone Calls Seeking Personal Information

The (Elderly) Mob Rules

"If it's hot, there's a lot of booze and somebody named Big Daddy. You're on pretty firm footing."

Perhaps not what you'd expect to hear walking into the Santa Monica Senior Center on Ocean Avenue, but professional actor Brian Hamill is not emceeing Tuesday afternoon bingo.

Most Tuesdays between the hours of 12:30 and 2 p.m., Hamill transforms the northern end of the center into an improvisational comedy workshop for one and a half hours of mind-bending activities that keeps his troupe of senior actors on their toes.

Hamill, and other dedicated volunteers like him, do their work through the nonprofit organization Mob Rule, Inc., a loosely-bound coalition of community-minded individuals who run free workshops throughout the Los Angeles area.

The beauty of Mob Rule, Inc. is that anyone with an idea and some energy can get a class going with all the tax benefits of working through a nonprofit and none of the overhead.

Full Article and Source:
The (Elderly) Mob Rules

Fmr. Judge Larry Seidlin Settles Lawsuit

The civil case accusing former Broward Circuit Judge Larry Seidlin of fleecing a wealthy, widowed neighbor of money and property worth hundreds of thousands of dollars has been resolved by way of a confidential settlement, according to one of the attorneys involved in the case.

Barbara M. Kasler, who lived in the same Fort Lauderdale condo as the onetime judge, his family and in-laws, died Nov. 7, 2010, at age 84.

A confidential mediation settlement agreement was signed by the parties in September and October.

The civil lawsuit filed in Kasler's name, estimated her wealth at $5 million, and accused Seidlin — who gained national notoriety over his televised tearful handling of the Anna Nicole Smith death case — of feigning friendship with the widow, siphoning off her money and trying to hijack her estate.

The suit also accused Seidlin's in-laws, Oren and Barbara Ray, of buying a condo from Kasler at an unfair discount.

The Rays' attorney, former state Sen. Skip Cambell, on Wednesday confirmed the confidential settlement: "I wish I could tell you more, but I can't tell you more."

Kasler's niece, Corine Kasler, declined to comment.

State investigators twice cleared Seidlin, 61, of exploiting Kasler.

Full Article and Source:
Former Judge Accused of Exploiting Elderly Neighbor Settles Lawsuit

How to File a Complaint Against a Judge and an Attorney (Chapter 1-Part 3; Judges and the Court of the Judiciary)

This series is an attempt to make the public aware of recourse we have versus judges and attorneys who have “broken the rules” governing their licensed professions as public servants and officers of the court.

Most civilians aren’t even aware there is recourse, much less a governing body overseeing judges (Court of the Judiciary) to make sure they play by the rules (Judicial Code of Ethics; Judicial Code).

Considering that most civilians aren’t aware (because the legal system has kept this information in check) of their right to file a complaint with these disciplinary committees, this lack of information reveals an intentional effort by our trusted servants to cover up the errant practice of their industry resulting in the utterly compromised condition of our legal system. In other words, the legal system won’t be forthcoming with your rights to complain, for most are guilty of breaking the rules themselves. But when the rules are broken at the judicial level, even in the higher courts (and I witnessed it just last week in the TN Court of Appeals), it discredits and breaches trust in our entire government structure and furthers the chasm between public servants and the citizen-ship.

“Let the system work?” It cannot work when it is broken; and our legal system is broken, make no mistake, but not beyond repair. But If it is going to be repaired, it will require a massive effort on the part of civilians. We cannot count on the legislature, or its legislators, because it’s primarily made up of former practicing attorneys who have contributed, wittingly or unwittingly, to its broken condition. This series on filing complaints is of paramount importance, for it brings the legal system into accountability and restores the power to “we, the people”; and that’s what our forefathers intended-checks and balances.

“We, the people” have a moral imperative to spread the word and make all citizens aware of the power we do have in the legal process, separate from judges and attorneys, and the governing thereof; which could, should and would result in the much-needed moral revolution within our legal system.

Full Article and Source:
How to File a Complaint Against a Judge and an Attorney (Chapter 1-Part 3; Judges and the Court of the Judiciary)

Caregivers Accused of Waterboarding 89-Year-Old Woman

Two nursing home employees in Georgia were arrested for allegedly attacking an elderly woman in a "manner similar to waterboarding," according to local police.

Police claim that Cicely Reed and Jermeller Steed held down Anna Foley, who has severe dementia, and sprayed water from a shower in her face to make it seem like she was drowning, TV station WGCL reports.

The attack, which occurred in 2008 the station says, began when Reed and Steed argued with Foley over ice cream. The workers allegedly confined Foley to a shower room and they held her hands and wrists, according to The Daily Mail, while they used water from the shower nozzle to obstruct her breathing. The arrest warrant described the incident as "similar to waterboarding."

Full Article and Source:
Woman Waterboarded: Police Arrest Jermeller Steed and Cicely Reed For Mock-Drowning On Elderly Patient

C.A.: Legal Fees May Be Awarded for Temporary Conservatorships

A daughter who successfully obtained a temporary conservatorship over the person of her elderly father was entitled to recover her costs and legal fees, even though the convervatorship was not made permanent, the First District Court of Appeal has ruled.

Div. Four on Tuesday said the compensation and reimbursement of expenses to Bobbie McDonald, paid by the estate of her father, Bobby Cornelius, was proper.

McDonald had petitioned for temporary and permanent conservatorships over Cornelius, a 73-year old widower, last July.

She asserted that her father was of a compromised physical mental and physical state, rendering him susceptible to fraud by persons who had moved into his home and were operating a marijuana farm on the premises. Declarations from several family members also attested to this.

Investigator’s Report:
A court investigator was appointed to evaluate whether a temporary conservatorship was appropriate, and concluded that Cornelius was “urgently in need of medical and medication supervision and proper nutrition, and is at high risk of undue influence from what appear to be virtual strangers that he has allowed to live in his home.”

After reviewing the report and holding a hearing attended by Cornelius’ attorney, Sonoma Superior Court Judge Mark Tansil found that a temporary conservatorship was in Cornelius’ best interest. McDonald was appointed the temporary conservator, but she was subsequently replaced, at her request, by a professional fiduciary.

Cornelius filed an objection to the appointment of a conservator and a declaration stating his disagreement with his family members’ declarations. He also demanded a jury trial, which was set for last December.

For reasons which did not appear on the record, McDonald dismissed her petition for conservatorship before the trial began. In February she sought and received an award of $34,000 for the compensation and reimbursement of expenses to the temporary conservator, attorneys, and care providers.

Cornelius challenged this award on appeal, contending no such compensation is authorized under the Probate Code unless a permanent conservator appointed.

Sepulveda noted there was “substantial, indeed overwhelming, evidence that conservatee Cornelius was benefitted by the temporary conservatorship,” which supported the trial court’s finding that the temporary conservatorship was established in good faith and in the best interests of the conservatee.

The case is Conservatorship of Cornelius, 11 S.O.S. 6150.

Full Article and Source:
C.A.: Legal Fees May Be Awarded for Temporary Conservatorships

'The Senior Citizens Song'

Source:
YouTube - The Senior Citizens Song

'The Forgotten Ones - Compassion for the Elderly'

The causes of depression in the elderly are obvious: frustration with the loss of memory and physical ability, chronic pain or illness, moving into a nursing home, death of a loved one and financial insecurity.

The causes of loneliness in the elderly are also obvious, but for some reason, we tend to overlook them. A loss of hearing makes phone calls difficult. Trouble walking means no driving, n...o exercise and no pets. Vision problems mean no reading.

Most important, the elderly often are embarrassed and feel they can't tell anyone because someone might think they are losing their minds and need to be in a nursing home.

Imagine your life if you could not talk on the phone, go for a walk, drive to church or read a newspaper. Many of your loved ones may have died or moved away. Asking for help is not an option. Just imagine how lonely that would be.

~ by Christine Stapleton

Source:
Facebook: The Forgotten Ones - Compassion for the Elderly

Family of Dementia Patient Suing Car Dealership

The family of a dementia patient who bought a new pickup, led police on a high-speed chase and later died of a heart attack are suing the dealership that sold it to him.

Family members of Donald Davis claim negligence, willful misconduct, elder abuse and wrongful death in the lawsuit filed against Cabral Chrysler Jeep Dodge Ram, owner William Cabral and finance manager Jeannette Mendoza.

"I have to go forward to show that they did indeed do something wrong," said Davis' widow, Janet. "They took away the humanity in my husband."

Davis, 67, had heart problems and dementia and was confined to a wheelchair at Manteca Care and Rehabilitation Center. On Oct. 28, 2010, his sister came to visit and found his room empty. A search found the phone number for Cabral on a notepad, and the family eventually learned Davis had gone there and bought a Dodge Ram pickup.

The lawsuit claims Mendoza picked up Donald Davis from the care home. Davis was sitting in his wheelchair on the porch, wearing sweat pants, a shirt and slippers, and he fell into Mendoza as she tried to get him into the truck.

Mendoza called Cabral and "expressed concern about the safety and propriety of transporting Donald under the circumstances and was nevertheless instructed by William Cabral to bring Donald to the dealership," the lawsuit says.

Once there, Davis could not fill out the required paperwork, so Cabral employees did it for him, even forging his signature, the lawsuit claims. Then, though Davis had no money, checkbook or driver's license, they helped him into the $38,000 truck and let him drive away.

Full Article and Source:
Family of Dementia Patient Suing Manteca Car Dealership

Conservatorship Strips 81-Year-Old TN Widow of All Possessions

Here in America, none of us expect to have our home, property or legal rights infringed upon without due process.

But things work a little differently than you might expect in one court system right here in Nashville.

One woman ended up losing everything, and it could happen to anyone.

Jewell Tinnon used to own a home. It was paid for.

But that house, and everything inside, was auctioned off to the highest bidder in March.

"I wish I was at home. I worked hard, and paid for it," Tinnon said.

Her car was sold, too, and her clothes and all her furniture.

The 81-year-old widow lost nearly everything after she came under a guardianship, also called a conservatorship.

The very people who were assigned by the court to watch over her, to safeguard her possessions, liquidated it all.

When a person is appointed a guardian, they can't sign contracts, or write checks, or buy and sell things. They can't vote, or drive, or marry. They can't decide what doctors to see or what medications to take. They can't chose where to live, or hire their own lawyer.

Ms. Tinnon was assigned a public guardian from an agency for the elderly. That guardian did not return our calls for this story, but we were able to talk to the attorney the judge had assigned to represent her, Karl Warden.

"I feel very sorry for her," Warden said.

Her guardian decided that a nursing home was the best place for her and said her house should be sold.

Judge [Randy] Kennedy agreed.

At a public auction, it brought $83,000. That's a little more than half of what the tax assessor said it was worth.

The guardian also cashed in her whole life insurance policy with the judge's permission, all in an attempt to turn her assets into cash to pay her bills.

[T]he judge ordered that a big chunk of the money from the sale of her house must be used to pay off her eight different lawyers and guardians, $37,645.

The frightening thing is, this could happen to anyone.

Once you're put under a conservatorship, it can cost every cent you have to get out. This is the third case we've profiled from Judge Randy Kennedy's court. You might remember the case of songwriter Danny Tate who lost his fortune fighting to get out from under a conservatorship case.

We also told you about Ginger Franklin. She fell down a flight of stairs, came under a conservatorship while in the hospital and ended up losing her condo and her car.

Judge Kennedy declined to be interviewed on this case.

Full Article and Source:
Conservatorship Strips 81-Year-Old Widow of All Possessions

See Video

'My Wonderful Dad'

This is me & my Daddy. I hadn’t been allowed to see him by his spouse for months. There is nothing on Earth that is worse than not being able to be by the ones you love and care about most when they need you most.

Before the court ruled, the judge allowed me to go to the property and see my Dad & take photos, videos etc. I was just happy to see my Dad & laughed at the crazy madness in the background.

I love you Dad! I know in my heart he knows in his heart I haven’t and will not give up on him. I will forgive from my heart, because I have to. I will continue to do what is right in my heart."

Source:
My Wonderful Dad

Note:
Ronald Richard Kirkwood September 19, 1942 - June 21, 2011 I love you Dad! I know you are happy now. Your heart will forever live on through mine.

Huguette Clark Left $34mil to Nurse

The controversy surrounding what will happen to the vast fortune left in the wake of the death of copper heiress Huguette Clark seems to be just getting warmed up.

Clark, who died in May at the age of 104, left a somewhat surprising will behind, cutting out friends and family and leaving $34 million to her nurse. According to MSNBC, she also left about $17 million to her accountant and attorney through fees and other bequests.

The accountant and attorney are both under investigation, and have had to account for all the transactions they've made since they took over legal power of attorney for the heiress in 1996. According to MSNBC, the investigation is the result of an incredible $1 million-a-month spending pattern for a woman who never left the hospital. Remarkably, in the course of one day, the pair apparently wrote $380,000 in checks from Clark's personal account.

The astounding sum left to her nurse, Hadassah Peri, has also raised eyebrows. The New York Post detailed just how she took care of Clark until her death, and the tremendous affection she showed the heiress.

Full Article and Source:
Huguette Clark, Reclusive Copper Heiress Left $34 Million to Nurse

Jane Branson Files Suit on Behalf of Her Mother

A Hillsboro woman is suing her brother, her mother's lawyer, Highland County Probate Judge Kevin Greer, and even Ohio Gov. John Kasich over issues involving the legal guardianship of her mother.

Jane Branson filed the suit Tuesday in the U.S. District Court for southern Ohio. Representing herself, Branson claims in her suit that her mother, Mollie Florkey, should be released from a nursing home in which she was placed, and also claims she has been denied proper access to Ohio's courts.

But records show she has long been involved in court in regard to a disagreement among her siblings over the guardianship and care of her mother. Records show that in 2002, Molly Florkey filed both a Living Will and a durable power of attorney form expressing her desire that her son, James Malott, be designated her guardian should she become incapacitated.

Those documents also reflect her desire to have another daughter, Helen Olberg, designated her guardian in the event her son was unable or unwilling to perform the duties.

In 2007, Malott and Branson both filed documents in court seeking to be named guardian of their mother. Greer, guided by Florkey's living will and power of attorney forms, ruled in favor of Malott's petition.

Since then, Branson has attempted to overturn Greer's decision, as well as asking Greer to remove himself from the case, which he refused to do. She has also petitioned the Ohio Supreme Court several times to have Greer removed from the case. The court has turned down her request each time, most recently admonishing her not to file any additional requests on that subject.

In her suit, Branson claims she has been denied the ability to exhaust her access to the courts, and demands that her mother "be released (from a nursing home) and restored of her liberty, and, for all just and proper relief deemed appropriate by this court and under the facts and circumstances presented."

Greer declined to discuss the merits of the case, but did say it was the first time in a 31-year career he had been sued.

Also named in the suit is Hillsboro attorney J.D. Wagoner, who is Florkey's attorney. Wagoner said he was unable to comment at this time, and Malott's attorney, William Peele of Wilmington, did not return a request for comment.

Full Article and Source:
Hillsboro Woman Sues Her Brother, Judge Greer Over Mother's Situation

Note: Jane Branson is a member of NASGA

Jane Branson Files Federal Complaint

The case is being brought by Jane Branson, written on behalf of her 93-year-old mother, who is "an adult ward under court-appointed guardianship." Branson - who is not the guardian - is acting as her own attorney (pro se) in the suit.

Highland County Juvenile and Probate Court Judge Kevin Greer brought the suit to the attention of local news media on Friday and provided copies of court documents. Greer, Hillsboro Attorney J.D. Wagoner, Ohio Gov. John Kasich, and James Malott - the court-appointed legal guardian of the 93-year-old - are named as defendants in the case.

Wagoner is the 93-year-old woman's guardian ad litem, according to the court documents.

Greer said that the situation began with a 2007 case in Highland County Probate Court when he presided over a case to determine guardianship for the elderly woman. Branson had filed an application to be appointed guardian of the woman's estate and person, which was denied. Branson made the appeal to Ohio's Fourth District Court of Appeals, which upheld Greer's decision.

According to the 2008 judgment from the court of appeals, Branson and Malott are two of the elderly woman's four children. Malott is her power of attorney, and according to documents she filed with the Highland County Recorder's Office, "In the event that [it] should become necessary for a guardianship of my person and or my estate, I request that the probate court appoint my attorney in fact, James D. Malott, as such guardian, without bond." The court upheld Greer's decision to appoint Malott, stating that under the Ohio Revised Code, because a guardian had been named in the power of attorney, the court had to appoint the person nominated (Malott) as long as he was competent, suitable and willing to accept the appointment.

"The court (Greer) was required to appoint Malott, absent a showing of incompetence, unsuitability, or unwillingness to accept the appointment," the court of appeals wrote."

Branson claimed in the appeal that she was more qualified to care for the woman, and that she had been caring for her for four years. "In Branson's lay opinion, (the woman) was not getting appropriate care at the nursing facility (where she is now living)."

Malott testified, the court said, that the woman was "getting appropriate care at the facility."

In the case filed with the federal court, Branson alleges that the 93-year-old, who she says suffers from Alzheimer's disease and dementia, was "granny-napped" when she was placed in a nursing home by her court-appointed guardian, that she does not receive adequate care, and that she is "forcibly" kept from friends and family members.

Branson alleges that the elderly woman has been "unlawfully deprived, denied and restrained of her liberty;" denied due process; denied her right to appear in Ohio state courts; denied legal counsel; denied access to Ohio courts; and denied a right to a review or appeal process.

Among the prayers for relief requested in the suit, Branson asks for "an award of compensatory damages in an amount yet to be determined, an award of punitive damages where appropriate and in a sum sufficient to deter future like conduct by defendants," and for attorney fees, costs and litigation expenses.

Full Article and Source:
Pro Se Complaint Filed in Federal Court Against Highland County Judge, Attorney and Gov. Kasich

See Also:
See 9/30/2011 Court of Appeals Decision

Former Guardian Sentenced to 6-30 Years in Prison

Duane Emery Kuerbitz, who pleaded no contest to sexually abusing the mentally incapacitated man for whom he was state-appointed guardian, was sentenced Oct. 20 to 6-and-a-half to 30 years in prison by Sixth Circuit Court Judge Rae Lee Chabot.

Kuerbitz, 50, pleaded no contest Sept. 26 to one count of criminal sexual conduct, first degree, as well as one count of being a habitual offender, fourth offense. In exchange for his plea, an additional count of CSC, first degree and one count of CSC, third degree were dismissed.

"It's a satisfactory ending for a case that has been ongoing since July 2009, and it serves the best interest of the victim," said Oakland County Sheriff's Office Detective Dale Brown. "I feel strongly this is a case that should have never happened to the victim had the system not failed him originally."

According to police reports, on July 25, 2009, Brandon Township deputies responded to Allen and Seymour Lake roads on a welfare check and upon arrival, made contact with the 31-year-old victim, who said he'd been abused by Kuerbitz since Kuerbitz became his guardian in 2007. The most recent assault occurred two days prior.

Full Article and Source:
Former Guardian Sentenced to 6-30 Years in Prison

See Also:
Former Guardian Charged With Sexual Abuse

The Heartbreaking Elevation of Guardian Abuse, Part IV

Dorothy was less than two weeks away from the potential of finally regaining her freedom when she suddenly had a seizure while in the nursing home. Dorothy was very happy the day before when she was taken by her daughter, Diane, to see how great it would be to stay with her. The eyes of this eighty-seven-year old brightened when she was shown the renovated bathroom that would make things much easier for her. Imagine being excited by new plumbing? It certainly expresses how depressed she was while being held against her will in a facility.

I have tried to be very careful whenever writing about the nursing homes, because they are generally not the initial cause of what is a systematic legal abuse against the elderly and others who might be health or mentally challenged. In the past three plus weeks, there has been no explanation from the nursing home Dorothy was in as to why her daughter’s call was ignored when told that Dorothy needed immediate medical help. Diane had spoken to her Mom on the phone and urgently contacted the facility because Dorothy was in distress. It appears that no one went to check on her for close to an hour and when they did her health was so bad that she was rushed to the hospital. They were unable to stabilize her, leading to the sad passing of a vibrant woman.

While it is not completely possible to say that Dorothy would still be on this side of the divide had she not been relegated to a miserable situation at the hands and insistence of her “law” guardian, Mary Giordano, of the Franchina and Giordano law firm, it is likely that she would. In my opinion, Dorothy would have been living under the close, loving care of her daughter.

Full Article and Source:
The Heartbreaking Elevation of Guardian Abuse, Part IV

See Also:
The Heartbreaking Passing of Dorothy Wilson, Part V

Feds Say Clinics Paid Off South Florida ALFs

A Miami couple sent to prison for decades could never have carried out one of the nation's biggest healthcare scams without assisted-living facilities and halfway houses supplying them scads of residents covered by Medicare, authorities say.

Now, the Justice Department has charged 10 residential operators in a first-ever Medicare investigation into people who prosecutors say pocketed bribes for providing patients with substance abuse problems to mental-health clinics owned by Larry Duran and Marianella Valera.

Miami-based American Therapeutic Corp. — owned by Duran and partner Valera, who were recently sentenced to 50 and 35 years in prison, respectively — was at the center of an elaborate plot to fleece $200 million from the taxpayer-funded Medicare program.

Medicare paid American Therapeutic, with seven clinics in South Florida and Orlando, $83 million over the past decade for group-therapy sessions that could not have helped people with drug and alcohol addictions, Justice Department lawyers say. Patients with drug addictions received treatment for mental illnesses they didn't have, such as bipolar disorder. In many other instances, no treatment was provided at all.

Last week, the controversy of ALF and halfway house operators suspected of taking kickbacks for Medicare patients dominated part of a state task force's hearing in Miami-Dade County on abuse and neglect in the industry.

So far in the federal prosecution, four residential operators in the Fort Lauderdale area have pleaded guilty to healthcare fraud. Other defendants are expected to follow their example to avoid jury trials and potentially lengthy prison sentences, according to sources familiar with the case.

Those convicted in recent weeks: Natalie Maria Evans, Irene Trematerra, and Robert and Nikki Jenkins, who collectively ran seven halfway houses. Each operator was paid $15 to $30 daily for each patient they sent to American Therapeutic's clinics, which submitted millions of dollars in false claims as a result, court records show.

The Medicare patients were pawns in the scheme, receiving little to no compensation, according to some patients interviewed by The Miami Herald.

Evans, who pleaded guilty to defrauding Medicare and faces up to 10 years in prison, was president of Vision of Hope Recovery. The company operated five halfway houses in Fort Lauderdale.

Full Article and Source:
Feds Say Clinics Paid Off South Florida ALFs

Lawyers Aspiring to be Cook County Judges Lay it on Thick

Every two years lawyers in Cook County who want to be judges come before this gathering and ask to be “slated” as the party’s preferred choice for judge in Democratic primary election March 20. The November general election is irrelevant as no Republican has won in decades.

Voters are more independent these days and they sometimes opt to vote for judicial candidates with prettier names — women with Irish ones do best.

But the official party imprimatur still works wonders. Slated candidates’ names go on the palm cards that the still-strong army of precinct captains across the county pass out to voters as they walk into the polling place. Five of the 10 slated candidates won last year.

Voters can make up their own minds on governor or senator — candidates they have heard something about. But chances are they will have heard nothing about the 100-plus names of lawyers running for 16-20 judgeships until they see the ballot on Election Day.

Judge Maureen Connors: “I was born and raised in the 11th Ward, and I still have many friends and family and I group in with those friends Commissioner [John] Daley,” she says. “I then was adopted by the 14th Ward, by a wonderful man named [Ald.] Edward Burke (14th). I want to thank him for all the wonderful mentoring he has done for me over these many years both in the law and in politics.”

But even after naming two of the most powerful ward committeemen in the room, Connors has just begun to name-drop.

“I got married, moved to the 19th Ward — my husband is from the 19th ward,” she tells the committeemen. Some at the pizza-and-coffee table turn their heads as she names more names. “For 20 years I lived in the beautiful 19th Ward and, (She scans the room) Committeeman [Matt] O’Shea, are you here today? (He has left the room) He has promised to support me as well...”

She throws in a few more committeemen from the west suburbs — Daniel McLaughlin and Barrett Pedersen — then, almost as an after-thought, drops the big name:

“So I’m thrilled to be with you today — Oh, Senator Madigan also sends his regards — he says he is going to be supporting me as well. I am proud to be a member of this...”

Full Article and Source:
Lawyers Aspiring to be Cook County Judges Lay it on Thick

NY: Complaints Against Judges are on the Rise

It may be the Internet or public disclosure of past disciplinary cases, but the number of complaints against New York’s judges hit a new record in 2010.

The Commission on Judicial Conduct, chaired by Perinton Town Justice Thomas A. Klonick, received a record 2,025 complaints in 2010, according to its just-released report. That is 170 more than in 2009 and 102 more than the previous high of 1,923 in 2008.

Klonick said sometimes the number of complaints spike when higher-profile cases of judges being removed or disciplined makes statewide news. He said the Internet has also created more awareness of the commission and makes it easier for people to download a form and post a complaint.

“Overall, although the number of complaints has increased, the number of judges disciplined has been about the same,” Klonick said.

The commission is responsible for investigating complaints of misconduct against judges of the state Unified Court System and, where appropriate, disciplining them for ethics violations.

In 2010, it conducted 439 inquiries, authorized 225 full-fledged investigations and rendered 15 public decisions, including a Saratoga County Family Court judge, Gilbert L. Abramson, being removed from office in October.

There were also seven public censures, five public admonitions and two public stipulations in which judges agreed to leave and never again hold judicial office.

Fourteen judges resigned during commission proceedings, 36 confidential cautionary letters were issued and 226 matters were still pending at the end of the year.

Most complaints were unfounded. Some were referred to other agencies such as 29 matters that were sent to the Office of Court Administration, typically dealing with relatively isolated instances of delay, poor record-keeping or other administrative issues. Five matters were referred to an attorney grievance committee; two to a district attorney’s office; four, the state comptroller; and one to the Justice Department.

“By far, the greatest number of complaints have been litigants who feel that they didn’t get a fair shake by the system and oftentimes they’ll go after a judge,” Klonick said, noting many times there is no basis for the complaint and litigants are simply unhappy the case didn’t go their way.

“The commission is there to protect the public, in large part, but it’s also there to protect our judiciary who often cannot respond publicly to frivolous complaints,” he said. “They can’t respond about pending cases or cases that may be taken up on appeal.”

Full Article and Source:
Complaints Against Judges are on the Rise

NJ Lawyer Indicted for $1m Theft From Client Arrested on the Lam

A lawyer in Cherry Hill, NJ, charged with stealing $1 million from a client was apprehended [11/9] in Alabama after an apparent attempt to flee prosecution.

Michael Kwasnik, 42, was arrested by local police in Dothan, Ala., on an arrest warrant stemming from Monday’s indictment, according to Peter Aseltine, spokesman to state Attorney General Paula Dow.

Kwasnik was travelling by taxi to a bus station when the driver, suspicious of Kwasnik, alerted local police, Aseltine says. Police stopped Kwasnik at the bus station and arrested him upon discovering the outstanding warrant, Aseltine says, noting that Kwasnik was carrying several thousand dollars in cash, prepaid cell phones and his passport.

“It would appear to us that he was on the lam from our charges,” Aseltine told the Law Journal.

Full Article and Source:
Indicted Lawyer Who Stole $1million From a Client, Arrested on the Lam

The Fight of Richard Rainwater's Life

The renowned dealmaker built a fortune using little besides his wits. Now he's funding a crash program to stop the disease that's destroying his mind.

In March 2009, Dr. Bruce Miller, head of the Memory and Aging Center at the University of California's medical school in San Francisco, received a call from a doctor in New York City, asking him to see a patient named Richard Rainwater.

A behavioral neurologist and scholar of dementia, Miller had never heard of Rainwater, a silver-haired Texas billionaire and a legend in the world of dealmaking. But he was accustomed to such calls. Decades of research into the human brain had made him a go-to man for the rich and powerful with neurological mysteries.

PSP is a fast-moving, degenerative brain disease, with no treatment and no cure. The typical life expectancy from diagnosis: 4 1⁄2 years. "In the world I live in," the doctor told Rainwater's friends and family, "this is the worst disease I see."

Of all life's cruelties, it seems especially tragic that Richard Rainwater would suffer from this affliction. Rainwater is a self-made billionaire, a Texas incarnation of the Horatio Alger story. But he hasn't built a chain of discount stores or a computer company or even a private equity firm to leave behind. No, Rainwater's business genius has always been his energy and imagination -- his uncanny ability to see where the world is going and find a way to exploit that turn. It was his personal magic that made big deals happen: his ability to pick the right opportunity, the right partners, the right CEO, and then to provide inspiration. The billion-dollar edifice he built was all in his head.

And now it's crumbling away.

Today Rainwater requires 24-hour care. He is unable to walk unassisted. He has trouble swallowing. His speech is almost impossible to understand. "Of anybody I ever met, Richard was the most charismatic, the most outgoing, most hands-on, huggy, high-fiving, jumping-up-and-down, vivacious executive," says Michael Eisner, whom Rainwater helped install as CEO of the Walt Disney Co. (DIS) "And then to have him relegated to this condition that incapacitates him? It's the irony of human existence."

In the months after Rainwater's diagnosis, his 73-year-old brother, Walter, with help from the billionaire's private security team, served as his primary caregiver. Round-the-clock nursing care was later brought in, and Rainwater's three children rallied around him, with his youngest son, Matthew, relieving Walter at his side.

In March 2011, the issue of who calls the shots -- for Rainwater and his money -- moved into court. Rainwater's estate lawyer filed a petition in probate court in Fort Worth, seeking to declare him incapacitated and requesting the appointment of Matthew as his legal guardian. Under Texas law, a spouse is first in line to fill such a role. But Rainwater had signed a written designation expressing his preference for his son's appointment.

Ultimately, Moore says, everyone agreed to the selection of Matthew, who was granted limited powers after being named temporary guardian of his father's "person and estate." The guardianship resolved shared family concerns that someone might encourage Rainwater, in his diminished state, to rewrite his will. It also clarifies who would be allowed to make immediate medical decisions for him, should a crisis develop.

It is unclear precisely how contentious the probate case has been. To keep the matter confidential, it was filed under Rainwater's initials, titled "In the matter of Guardianship of R.E.R., an Incapacitated person." Citing family privacy concerns, a judge ordered the entire case file sealed, and no one directly involved is eager to talk about it. But a docket sheet obtained by Fortune shows substantial activity, listing multiple contested motions, several court hearings, and an order subjecting Rainwater to an independent medical examination.

Full Article and Source:
The Fight of Richard Rainwater's Life

'The Guardianship of Weller'

IN RE GUARDIANSHIP OF WELLER
2011 Ohio 5816
In the Matter of: Guardianship of Nicholas L. Weller.
Appellate No. 24337.
Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on November 10, 2011.

NEIL F. FREUND, Atty. Reg. #0012183, and KELLY M. SCHROEDER, Atty. Reg. #0080637, Freund, Freeze & Arnold, Fifth Third Center, 1 South Main Street, Suite 1800, Dayton, Ohio 45402-2017 and CAROLYN MUELLER, Atty. Reg. #0065533, Hall & Mueller, LPA, 3040 Presidential Drive, Suite 222, Fairborn, Ohio 45324, Attorneys for Appellant.
DAVID M. RICKERT, Atty. Reg. #0010483, 110 North Main Street, Suite 1000, Dayton, Ohio 45402 and DAN R. WARNCKE, Atty. Reg. #0061799, and JULIA B. MEISTER, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202, Attorneys for Appellee.

OPINION
FAIN, J.
{¶ 1} Appellant Nicholas Weller appeals from a decision of the Montgomery County Common Pleas Court, Probate Division, establishing a guardianship over his estate. Weller contends that the evidence does not support the trial court's finding that he was incompetent to manage his estate.
{¶ 2} We conclude that this appeal has been rendered moot by the May 31, 2011 entry finding Weller restored to competency and terminating the guardianship. Accordingly, this appeal is dismissed as moot.
{¶ 3} On March 31, 2010, Nicholas Weller suffered a stroke at his residence in Montgomery County. He was taken to Kettering Medical Center for treatment. He was released from the hospital after a ten-day stay. He was checked into an assisted living facility by Janet Ward, a friend of Weller and Weller's deceased wife. Weller refused to remain in the assisted living facility and returned home, where Ward arranged for in-home care. It was determined that Weller suffered from aphasia; or the inability to express himself or to understand the words of people speaking to him.
{¶ 4} Thereafter, Ward filed an application for appointment as guardian over Weller's person and estate. Weller hired his own attorneys and proceeded to contest the need for the guardianship. Following protracted litigation and a hearing, the Probate Court determined that Weller was competent as to his person, but found him incompetent as to his estate. The Probate Court appointed attorney Christopher Cowan as guardian of the estate.
{¶ 5} On November 12, 2010, Weller appealed from the order subjecting him to a guardianship of his estate. Just prior to the August 2, 2011 oral arguments in this appeal, this court became aware that the Probate Court had issued an order Terminating Guardianship on May 31, 2011. Following argument, we permitted the parties to file supplemental briefs on the question of whether the entry terminating the guardianship rendered this appeal moot. Supplemental briefs on the mootness issue have been filed by Weller and the applicant, Janet Ward.
{¶ 6} Before we address Weller's assignments of error, we must first consider the issue of whether the probate court's order terminating the guardianship rendered this appeal moot.

Source:
In RE Guardianship of Weller

Federal Suit Filed in Fight Over Gary Harvey's Care

A Horseheads woman who has sought guardianship of her brain-injured husband filed a civil suit this week claiming his civil rights have been violated.

Sara Harvey filed the lawsuit Monday in U.S. District Court for the New York Western District in Rochester on behalf of her husband, Gary Harvey, described in court papers as a neurologically and physically incapacitated adult. She is seeking a jury trial.

Sara Harvey had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.

Harvey has said her husband has suffered under significantly inadequate care, and she fought in state Supreme Court for guardianship.

Among its charges, the federal suit alleges rehabilitation was not sought for Gary Harvey; his wife was not kept updated on his medical treatment or condition; he was deprived of an independent second medical opinion and evaluation; he was deprived of liberty without the due process of law; he was not protected against abuse, neglect, exploitation, conflicts of interest, fiduciary fraud and breeches of fiduciary duty; and he was not provided with family rehabilitative programs and discharge plans.

Sara Harvey is seeking a second medical opinion, unrestricted visits with her husband, removal of a guard in her husband's room during visiting hours, access to his medical records, returning him home, restoring his rights and seeking an unspecified amount in damages, according to the lawsuit.

Listed among the defendants are Gary Harvey's court-appointed lawyer, his court-appointed guardian, his designated guardian and the residential service provider, according to the lawsuit.

Full Article and Source:
Federal Suit Filed in Fight Over Horseheads Man's Care

Press Release: Gary E. Harvey Case Goes to Federal Court

FOR IMMEDIATE RELEASE

Date: November 16, 2011
Horseheads, New York

Sara Harvey has been battling over five (5) years for her disabled husband's (Gary Harvey) rights with Chemung County, who has guardianship of her husband, and has taken her plight to the Federal court in Rochester NY. Mrs. Harvey’s allegations submitted to the federal courts are:

• The county agencies have allowed St. Joseph’s hospital in Elmira NY to bill her private health insurance approximately $1 million a year for her husband’s medical care. Mrs. Harvey is being denied access to her private insurance as to what those services are allegedly being provided to her husband.

• Mr. Harvey is being denied benefits from his private health insurance, and is being discriminatorily institutionalized for over 5 years by the county guardian, leaving her husband in the most restrictive environment, against what would be Mr. Harvey's wishes.

• Mr. Harvey is being unjustly denied visits from family and friends and is kept in isolation behind closed doors for over 5 years. Mrs. Harvey can only visit her husband six hours a week and is unjustly supervised by an agency hired by the county that was paid by her husband - and now being paid by tax dollars. The guardian has installed a security camera in Gary Harvey's hospital room which raises the question to whom is paying for the unwarranted intrusion.

• Medical decisions about her husband are made by lawyers and other non medical professionals.

• The county, hospital and Mr. Harvey are being represented by same law firm which places her husband at a disadvantage for being a "cash cow" for the county’s private clients. What is scandalous, immoral and unethical is one of the county attorneys sat on the board of St. Joseph hospital. The assigned case worker is employed by the county agency (“Adult Protective Services”), and the hospital where her husband is a patient has authorized over 35 procedures that are not routine. Mrs. Harvey believes they have never obtained an order of access to her husband.

Case ID 11CV6563

See Also:
HelpBringGaryHome

TN Lawmakers Warn Judges to Change Their Ways!

Lawmakers warned members of the state judiciary today that if they don’t take steps to improve the way they investigate and discipline ethical violations by judges, the General Assembly will do it for them.

“There’s so many good judges out there,” Rep. Mike Turner, D-Old Hickory said at a hearing to discuss whether the Court of the Judiciary and other judicial commissions should be retained or done away with. “The problem is we’re not addressing the bad judges, and that’s what concerns me.”

The hearing featured testimony by several irate litigants who complained of mistreatment by Tennessee judges.

“The testimony hear today, if one-tenth of what these people are saying is true, there are gross miscarriages of justice going on here,” Turner continued. “If we don’t address this, I’m telling you, the judiciary system as we know it today will change drastically if you don’t take care of yourself.”

Court of Criminal Appeals Judge Jeff Bivins said the state’s judges hope to do just that. Bivins said they are in the process of drafting legislation to address lawmakers’ concerns about the Court of the Judiciary, the judicial disciplinary panel that conducts most of its work behind closed doors.

Full Article and Source:
TN Lawmakers Warn Judges to Change Their Ways

Shelby County TN Probate Court Audit Reveals Oversight Issues

Shelby County Probate Court is the subject of the county's most recent internal audit.

The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.

The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.

Paul Boyd became clerk last September and is now trying to clean up the mess.

"We're doing what we're supposed to do and I have no fear of anything," said Boyd.

Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.

In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.

Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.

The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.

Boyd said the documents are now locked away and past administrators are now locked out.

"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.

Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.

Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.

General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.

Full Article and Source:
Probate Court Audit Reveals Money Oversight Issues

See news video

Read the Shelby County Probate audit

New Funds Available for Neglected Senior Citizens in McLean County

McLean County senior citizens who might not be able to care for themselves will soon have access to new support resources, thanks to a grant from the Retirement Research Foundation.

Karen Zangerle, director of Providing Access to Help (PATH) and the local 211 hotline, told WJBC on Monday she just received news of the funding.

“We’ll get $50,000 starting in January to help with self-neglect cases among seniors,” she said.

Zangerle said the agency will use the money in two main areas: recruiting attorneys to take on guardianship cases and training a local therapist to help with hoarding cases.

“Our No. 1 goal is to keep elderly people in their homes,” Zangerle said.

Full Article and Source:
New Funds Available for Neglected Senior Citizens in McLean County

NC Man Accused of Taking Mother's Savings

Authorities have charged an elderly Midway Park man with emptying $200,000 out of his mother’s bank accounts.

Charles Edward Farnell, 71, was charged Monday by the Onslow County Sheriff’s Office with two counts of exploitation of an elderly and disabled adult. His bond was set at $30,000.

Farnell is accused of having his name added to bank accounts belonging to his 94-year-old mother Marie Gregory, removing funds and closing out the accounts, Sheriff Ed Brown said in a news release.

Farnell took his wheelchair-bound mother to First Citizens Bank and Marine Federal Credit Union on July 1 and later removed funds in excess of $200,000.

Brown said Gregory has had several strokes and suffers from dementia.

Full Article and Source:
Man Accused of Taking Mother's Savings

Judge Accused of Nepotism and Abusing Power From the Bench

The state's judicial disciplinary agency has turned to a former chief justice of the Supreme Court of Georgia to prosecute the chief judge of the Brunswick Judicial Circuit for a series of alleged ethics violations.

Former Chief Justice Leah Ward Sears will prosecute Chief Superior Court Judge Amanda F. Williams on charges filed late Wednesday by the Judicial Qualifications Commission.

The JQC accused Williams of "willful misconduct in office" and "tyrannical partiality." Sears has teamed up with former Georgia Attorney General Michael J. Bowers to present the ethics case against Williams to JQC members, who will serve as both judge and jury. Sears, who stepped down from the high court in 2009, is an attorney at the Atlanta offices of Chicago firm Schiff Hardin. Bowers, who has handled other prosecutions for the JQC, is a partner at the Atlanta offices of Balch & Bingham.

Sears and Bowers on Wednesday signed off on a 31-page notice that includes 12 counts alleging that Williams violated judicial canons by jailing defendants indefinitely and then lying to the JQC about the practice.

The JQC notice also accused Williams of improperly allowing members of her family to litigate cases in front of her, allowing her social and political relationships to influence her judicial conduct, and improperly endorsing a local candidate for district attorney.

The charges claim Williams issued ex parte orders on substantive legal matters without the knowledge or input of all parties involved in disputes, held hearings in chambers without a court reporter present, improperly jailed people who appeared before her, demonstrated an open bias against defendants and used "rude, abusive and insulting language" in court.

Sanctions—which would be handed down by the Supreme Court based on the recommendation of the JQC panel—could range from a public reprimand to removal from the bench. Davis said Williams, if she chooses to fight the charges, could face a hearing in January.

Full Article and Source:
Judge Accused of Nepotism and Abusing Power From Bench

Ellis County 'Judicial Corruption'

Midlothian resident/business owner John Margetis discusses Ellis County judicial corruption.



Source:
YouTube:EllisCountyO.com | John Margetis Part 1



YouTube: EllisCountyO.com | John Margetis Part 2

FL Task Force Pushes Some ALF Reforms, Delays Others

After years of miserable deaths in assisted-living facilities, a governor’s task force is pushing Florida’s elected leaders to give the state more powerful tools to fight the worst abusers, saying more drastic action is needed to protect frail residents.

After hours of debate, the special panel voted to go to the Legislature to ensure that rogue homes are hit with the harshest penalties, including banning new residents at homes that commit serious offenses, and punishment for ALFs that retaliate against residents for complaining to elder advocates.

The task force’s meeting on Tuesday in Miami-Dade — the final session of the group appointed by Gov. Rick Scott — is expected to be the first step toward major changes in Florida’s law governing an industry that has come under increasing fire over reports of egregious abuse and poor enforcement.

“This is about vulnerable people who are pretty much at the mercy of others,” said Martha Lenderman, a member of the task force, after the session. “And some of them end up at pretty appalling places.”

Throughout the session at Florida International University, task force members sparred over a range of crucial proposals intended to bring greater oversight.

ALF owners on the task force voted unanimously against a recommendation from a state lawmaker that homes allow so-called “granny cams” to let relatives view their loved ones while they’re in their own rooms. ALF owners and employees in the audience shouted “kill it” as the panel began to vote.

The panel also rejected — with industry representatives voting as a unified front — several recommendations that would have increased inspections of homes by the Agency for Health Care Administration, drawing applause from the crowd of mostly ALF owners and employees.

The task force’s recommendations follow the release of a legislative interim report that calls for even more stringent measures to crack down on rogue facilities, including increased inspections, fines and empowering regulators to immediately shut down homes where residents were found dying of abuse or neglect.

A Miami Herald investigation in May found 70 cases of death by abuse and neglect in homes since 2002, but the homes were never closed.

Full Article and Source:
Task Force Pushes Some ALF Reforms, Delays Others

See Also:
Neglected to Death - The Series

Search the ALF Database

"Attorneys Above the Law"

How much evidence do you need to see or witness to believe this nation ought to address those with twisted tongues who practice law and corrupt the political landscape then want confidentiality clauses in the end to put a lid on their actions?

When Dennis Schuelke hired a lawyer to recover money stolen by a fraudulent company, he expected justice. What he got was anything but.

Source:
"Attorneys Above the Law"

Miracle or Masterpiece of Misconduct?

This blog has laid out, clearly and convincingly, how the law is routinely subverted in Judge Randy Kennedy’s probate court. Specifically in regards to conservatorship. This is going on in rogue probate courts across the land, but Kennedy is textbook concerning the racket. Very predictable in his “willy-nilly-ness” and biased results. If you want to know how he will rule, check his campaign contribution file. We have presented cases, using court documents, to expose how certain lawyers, no matter what their legal savvy (or lack thereof), are not only rubber stamped, but facilitated and protected by Kennedy. Divide them and conquer, while they are being flanked. Develop a spine and you are invincible. It’s not the spine referred to as in courage, though courage is required. The most important requirement is purity of motive and the legal system is encapable. The intent of our founders is laughed at in the secrecy of the judges’ chambers.

Judge Randy Kennedy and his court of crooks has brought the entire judiciary into almost irreparable disrepute. Something has to be done. We plan on getting that job done. We are the people and we cannot, we must not, be bought.

Full Article and Source:
Miracle or Masterpiece of Misconduct?

Jamie Spears Asks Judge to Extend His $15K per Month Conservatorship Fee Indefinately

Britney Spears dad, Jamie Spears, got a boatload of money for managing the Femme Fatale Tour ... TMZ has learned.

We obtained court documents which reveal the judge in Britney Spears' conservatorship case awarded Jamie $537,987.37 as a base pay for his services on the tour. In addition, the judge allowed Britney's personal manager, Larry Rudolph, to give Jamie 20% of his 10% commission because Jamie did so much on the tour. Jamie does not reveal the exact amount he gets from Rudolph, but in all Jamie will rake in a 7-figure payday.

And, Jamie is asking that the judge extend his conservatorship fee of $16,000 a month indefinitely.

But here's the real story ... Jamie did the job of 5 people on the tour, and even with Jamie's fee Britney saved more than a million bucks in salaries.

Source:
Britney Spears' Dad Scores Small Fortune For Femme Fatale Tour

Sen. Tonya Schuitmaker's Elder Abuse Bills Pass MI Senate

Sen. Tonya Schuitmaker's bill proposing the creation of a "Silver Alert," the equivalent of the missing-child Amber Alert system, but for senior citizens is among a package of bills that passed the Michigan Senate today [11/3/11] aimed at safeguarding the state's elder citizens.

The package of bills also propose increasing penalties for people who embezzle funds from vulnerable adults and creating reporting requirements for suspected abuse and neglect or knowledge of abuse and neglect in nursing homes.

The elder abuse bills, "will make a huge difference for the safety and integrity of older adults' ability to remain safe and secure," said Vicki Martin, associate director of Senior Services Inc. in Kalamazoo.

Full Article and Source:
Sen. Tonya Schuitmaker's 'Elder Abuse' Bills Pass Michigan Senate

KY Nursing Home Administrator Admits to Stealing From Patients

A former administrator at a Kentucky nursing home has pleaded guilty to multiple charges including: theft, exploitation of a vulnerable adult and tax fraud.

The nursing home administrator identified as James Tackett, confessed to stealing more than $300,000 from patients he was responsible for caring for at the Golden Years Rest Home (ironically a non-profit facility).

Authorities were tipped off to Mr. Tackett's activities after several patients at the facility complained about not receiving economic stimulus checks from the federal government. The complaint was then passed on to the Social Security Administration and Department of Revenue who quickly learned that Mr. Teckett took it upon himself to take his patient's funds.

This is not an isolated criminal venture for Mr. Tackett. In 2009, he pleaded guilty to physically abusing a patient at Golden Years Rest Home.

Full Article and Source:
Financial Abuse of the Elderly: Nursing Home Administrator Admits to Stealing From Patients

Protecting MN's Vulnerable Adults

Police Sgt. Mike Wortman, who heads St. Paul's new unit to investigate crimes against vulnerable older people, says one incident lingers in his mind. An older, developmentally delayed woman had lived next to her neighbor for years. One winter, while shoveling her sidewalk, she happened to push some snow onto his property.

"He decided to go out and hit her and shove her into the snowbank — just because she's shoveling the snow onto his sidewalk. He knew of her disability, that she is aging, that she is developmentally delayed," said Wortman, the investigating officer.

The woman called the police, but by the time they arrived, the neighbor had left. Under the law at that time, no arrest was made.

"Unfortunately, all I could do was issue a misdemeanor charge, nothing more than a ticket, a citation," he said. "That hurts, that really hurts, that we're not looking after the elderly in the way that we should."

Revisions this year to Minnesota law would make assault on a vulnerable adult a gross misdemeanor. That means a suspect would be arrested and brought to court for bail, and could be sentenced to up to a year in jail and fined up to $3,000. A misdemeanor charge carries a top penalty of 90 days in jail and a $1,000 fine. Previously, the higher penalty applied only to caregivers.

Minnesota first enacted its Vulnerable Adults Act in 1980. Major revisions in 2009 addressed financial exploitation; improved community notification when vulnerable adults are missing; and created a streamlined system for reporting abuse. This year's changes closed some holes in existing law, according to Iris Freeman, associate director of the Center for Elder Justice & Policy at the William Mitchell College of Law in St. Paul. The revisions passed the legislature unanimously and took effect Aug. 1.

Full Article and Source:
Protecting Vulnerable Adults