Guardianship Putting Thousands of Texans at Risk

Under a court-ordered guardianship, 86-year-old widow Helen Hale was plucked from the house she and her husband had built on wooded acreage in Cypress for their retirement and relocated to an unlicensed group home run by a caregiver with a criminal history.

Across Texas, 30,000 to 50,000 disabled and elderly people like Hale have lost the right to decide where they live, to choose a caretaker or to spend their life savings after being declared incapacitated and ordered into guardianships, according to new estimates obtained by the Houston Chronicle from the Texas Office of Court Administration and interviews with probate court officials statewide.

Nationally, the number of people declared "incapacitated" is rapidly increasing as the population ages. And so have reports about mistreatment, neglect and problems involving relatives and non-relatives appointed to protect them, according to warnings from the federal Government Accountability Office.

In some of the state's largest counties, like Harris, Travis and Bexar, so many people are in guardianships that each probate judge oversees from 1,500 to 3,000 "wards" of the court. Yet most judges have only a single investigator to check out potential problems.

Bexar County has an unusually high number of guardianship cases - about 6,000, which is almost as many as Harris County - because so many military members retire to San Antonio, but have no children or relatives nearby, court officials say.

In some guardianship cases, including Hale's, lawyers get appointed after families fight over the care of an elderly or disabled relative. Those guardians are paid out of the assets of disabled and elderly Texans.

Hale's first lawyer guardian was Marcia Pevey, the highest-paid guardian in Texas in the last year, data analyzed by the Chronicle shows. From August 2010 to September 2011, Pevey collected more than $200,000 for guardianship services - more than anyone else statewide.

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Guardianships Putting Thousands of Elderly Texans at Risk

Lawyer Disbarred Over Withdrawals From Mentally Impaired Brother's Account

A Wesley Chapel lawyer has been disbarred after the state's high court agreed that she improperly withdrew more than $100,000 from an account belonging to her mentally impaired brother.

Denise Letizia, 53, declined to comment today, citing pending civil litigation in Hillsborough County Circuit Court involving similar allegations. Her attorney in that case, Kendall Almerico, couldn't be reached for comment.

The Florida Supreme Court ordered Letizia disbarred in August and denied her request for a rehearing in an order dated Oct. 24. She also was ordered to pay $5,694.28 to the Florida Bar for legal costs.

The high court affirmed the report of a referee who found that Letizia violated Bar rules governing attorney competence and integrity. The core allegation was that she signed an affidavit she knew to be false in order to withdraw the money in her brother's account.

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Pasco Lawyer Disbarred Over Account Withdraws

TX Judge William Adams Under Investigation

A Texas judge is being investigated over a shocking web video that appears to show him using a belt to whip his then 16-year-old daughter, who has cerebral palsy.

Police in Rockport, Texas, called in the Texas Rangers, the state’s top lawmen, to investigate Aransas County Court-at-Law Judge William Adams, after people complained about the video, The Associated Press reported.

The video, uploaded to YouTube on Oct. 27 by a person who claimed to be Adams’ daughter, Hillary, shows a man berating and savagely beating a teenage girl with a belt. The man hits her in the legs and sides of her body.

“Is it fun to disobey your mom and dad?" the man can be heard screaming as he unleashes a barrage of lashings.



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Texas judge William Adams Under Investigation After Video Apparently Shows Him Beating Disabled Daughter

Senator Al Franken Introduces "The Home Care Consumer Bill of Rights Act"

U.S. Sen. Al Franken (D-Minn.) introduced a bill to protect Minnesota seniors who receive long-term services and supports in their homes and communities by guaranteeing them basic rights and protection from abuse and neglect.

Sen. Franken developed this legislation after hearing directly from Minnesota seniors and their advocates.

“It became very clear to me after meeting with seniors from Moorhead to Winona that remaining independent and at home is a top priority for our seniors,” said Franken. “But in order to keep our seniors in their homes we have to make sure they’re safe. This legislation would ensure that seniors who choose to receive long-term services and supports in their homes and communities have the same rights and protections from elder abuse that seniors living in nursing homes already have.”

The Home Care Consumer Bill of Rights Act would:

• Direct states to develop a Home Care Consumer Bill of Rights to protect seniors who receive services in their homes and communities;

• Establish a voluntary Home Care Ombudsman Program to support states that choose to provide ombudsman services to resolve the concerns and complaints of seniors who receive home and community-based services; and

• Develop quality standards for home and community-based services so that seniors and their families can make more informed decisions about who provides their services.

Sen. Franken plans to incorporate his bill into the Older Americans Act (OAA) when it comes up for reauthorization later this year. In an effort to prepare for the reauthorization — which Sen. Franken will play a key role in as a member of the Health, Education, Labor, and Pensions Committee — he and his staff held listening sessions with seniors across the state, released a report on their findings, and held a Senate Special Committee on Aging Field Hearing in Maple Grove, Minnesota.

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Franken Introduces Senior Care Bill

Judges, Lawyers Use Guardianships to Prey on Elderly

Think your well-tended nest egg will protect you from the depredations of old age? Don't count on it.

Little has changed since the D.C. Court of Appeals ruled almost a decade ago that Probate Judge Kaye Christian abused her power by ordering retired economist Mollie Orshansky, creator of the federal poverty line, removed from her sister's care in New York and placed in a District guardianship against her will.

Even multimillionaires cannot prevent a judge from appointing a total stranger to take complete control of their affairs -- and banish family members who object.

That's what happened to five-term D.C. Council member Hilda Mason and her husband, Charles, a Harvard graduate who traced his lineage back to the Plymouth landing. Despite Charles' $22.5 million fortune, this power couple ended their lives in squalor.

Blind, wheelchair-bound and suffering from diabetes and skin cancer, Charles spent his last days in dirty clothing and worn-out shoes, with fingernails so long they curled around his fingers.

"He looked like a hobo," one witness told The Washington Examiner. His frail wife suffered a broken collarbone when one of her "caregivers" ran her over with a four-wheel-drive vehicle.

At the time of Hilda Mason's death in 2007, debris and broken furniture littered every room of the couple's once-stately Shepherd Park home. The roof leaked and the house was infested with rodents and insects.

As attorneys helped themselves to the couple's assets, Episcopal Senior Ministries reported that "there appears to be no individual or group that is currently responsible for the cleaning/condition of the house."

Guardianship abuse is not limited to people with money, as Laura Francois-Eugene, a supervisor at the Department of Homeland Security, learned the hard way.

Her mother's only financial resources are her modest D.C. home and a small monthly Social Security check. But after a fall left the elderly woman temporarily paralyzed, Probate Judge Franklin Burgess appointed a conservator to handle her affairs despite the fact that her daughter had previously been named her legal guardian.

Francois-Eugene told The Washington Examiner she is forced to pay for her mother's food, dentures, medicine and clothing out of her own salary because the court-appointed conservator has been hoarding her mother's Social Security benefits.

The same thing is happening to another 91-year-old woman, a former D.C. Public Schools employee forced into a guardianship after Maryland lawyers characterized her daily walk as "wandering."

"Some lawyers took all my money," she told us, adding that she can't access her own pension or Social Security benefits, even to buy herself an ice cream cone.

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Judges, Lawyers Use Guardianships to Prey on Elderly

Note: Laura Francois-Eugene is a NASGA member.

Lawmakers Asked to Tighten Laws on Financial Abuse of the Elderly

State law requires that cases of suspected physical abuse of the elderly must be reported to law enforcement, but there is no such requirement in cases of suspected financial abuse, legislators were told today.

Banks or other financial institutions must report those suspicions to the state office of Adult Protective Services, which is not a law enforcement agency and is not equipped to conduct a criminal investigation, said Patricia McManaman, director of the state Department of Human Services.

McManaman, whose department includes the Adult Protective Services office, said the original version of the law on elderly financial exploitation required financial institutions to report their suspicions to both APS and law enforcement.

But before the final version of the law was enacted, it was changed to remove law enforcement notification, said McManaman.

As search of the legislative history of the measure did not disclose the reasons for the deletion, she said, adding that she suspected lobbyists for the financial industry may have sought the change.

Because victims may suffer from medical and mental conditions, said the prosecutor, the sooner the cases can be investigated, the better the chances of a successful outcome.

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Lawmakers Asked to Tighten Laws on Financial Abuse of the Elderly

The Heartbreaking Passing of Dorothy Wilson—Part V

I wanted to write this next installment of the “Heartbreaking” series about two weeks or so ago. However, on October 23, 2011, the subject of these articles, Dorothy Wilson, passed into spirit very quickly and unexpectedly. The information I intended to share was filled with many of the misgivings and illegalities caused by the people who Diane—Dorothy’s loving daughter—was trying to overcome. Instead, I am bemoaning the fact that one of our fine elderly citizens died before seeing her desires be filled. In one of Dorothy’s many letters, written on September 18, 2011, and ignored by judges, lawyers, politicians and the media, she wrote:

To Whom It May Concern,

I want to go home more than anything else in the world. There is nothing wrong with me. Being home would 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

The despicable actions of the law guardian in this case are not forgotten. While Dorothy Wilson may not have lived her last couple of years stress-free and happy, the fact that she was unafraid to talk to me and others who wanted to help her will allow the spotlight to shine on other disreputable judges and guardians. Let there be no doubt that her passing will not go without an ongoing initiative to press forward in ending the rampant system of “legal” thievery. Let there be no doubt that there will be justice for Dorothy. No one should ever be allowed to have their civil and humanitarian rights taken away. No one should ever have to live their final years in grief, anger and humiliation.










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The Heartbreaking Passing of Dorothy Wilson

'Victims-Of-Law'

Victims-of-Law are persons who have been subjected to tyrannical or arbitrary rulings or edicts in violation of constitutional and civil rights under the democratic maxim reminiscent of our Republic -- the "Rule of Law"
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The victims of unethical and corrupt lawyers, judges and employees of the state and federal judiciary demand accountability from those who abuse the power of office while they remain absolutely immune. The media as well as the legislative and executive branches of government traditionally ignore these abuses. The judicial branch itself hurls insults at the victim claiming they are nothing more than a 'disgruntled litigant' while ignoring substantive allegations.

It is essential to empower the victims of legal abuses. Our strength is in our numbers thus the more people that demand their constitutional and civil rights the quicker they will be attained.

What most people do not comprehend is that judges are immune from civil lawsuits. If a judge unlawfully imprisoned someone or maliciously denied due process in a case that cost a litigant millions of dollars, it doesn't matter. There is no redress for the aggrieved person.

The emotional and physical health problems inherent in these abuses are now coming to light but the judicial branches throughout our country continue to avoid or deliberately ignore what they have helped to create.

This website hopes to publish documented proof of many of the deliberate violations of the 'rule of law, the doctrine upon which our Constitutional Republic is based.

Source:
VictimsOfLaw.net

Experts Speak at FISH Crime Prevention Workshop

In the past six months, the Friends In Service Here or F.I.S.H. organization has noticed an increase in its clients being approached in person or online by solicitors asking for money. This prompted the setting up of a recent workshop to help seniors learn practical ways in which they can guard against this growing problem crimes against the elderly.

More than 30 interested islanders gathered at the Sanibel Senior Center 4 Life last week to hear Detective Joe Roubicek, who has investigated more than 1,000 exploitation of the elderly crimes over the past 25 years. He spent 20 years as a detective with the Fort Lauderdale Police Department.

"I am honored to be on Sanibel talking about preventing crimes against the elderly," Roubicek said.

In a lively debate, Roubicek answered questions from the audience and addressed concerns Sanibel residents had, particularly relating to online banking requests for money and other forms of phishing scams.

"There are two types of crimes," explained Roubicek. "There is fraud and exploitation."

The definition of fraud, according to the law, is deception. Of all the fraud crimes, phishing is the most common with Americans of all ages using the Internet to bank, pay bills and shop.

The second type of crime against the elderly, and one Roubicek has worked to improve laws against, is exploitation. This crime differs from fraud because it involves a person 60 years or older who has been taken advantage of due to a physical or emotional dysfunction.

In 1994, Roubicek testified before the Florida House and Senate to improve laws designed to protect the elderly and he contributed to the writing of Florida Statute 825.103: Exploitation of an Elderly Person or Disabled Adult.

"It's a great law because it brings the charges up to felonies, much like grand theft," explained Roubicek, who was joined by Lt. Michael Cooper at the workshop.

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Experts Speak at FISH Crime Prevention Workshop for the Elderly

See Also:
FinancialAbuseOfTheElderly

Iowa Supreme Court Sides With HALT

On August 26, 2011, the Iowa Supreme Court rejected a proposal offered by the Office of Professional Regulation that would have allowed lawyers who voluntarily agree to be suspended to keep the reason for their suspension confidential.

"The Court's decision to give this anti-consumer proposal the boot before it could even be distributed for public comment is very promising," said HALT Executive Director Rodd Santomauro. "HALT has long supported increased transparency in lawyer discipline systems and applauds the Iowa Supreme Court's quick action."

According to a new HALT study, Iowa is one of 21 states that provide online access to court decisions or case briefs associated with attorney disciplinary proceedings. Thirty states give legal consumers absolutely no information about the details of an attorney's misconduct.

The Iowa Office of Professional Regulation has now been tasked by the Court to come up with proposals that actually increase consumer protection. Those proposals will be released for public comment before the Court takes final action.


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Iowa Supreme Court Sides With HALT

NJ Guardianship Lawyer and Former Law Office Paralegal Indicted

A guardianship attorney and her former paralegal were indicted today on charges of theft and failing to make required disposition of more than $800,000, Prosecutor Peter E. Warshaw, Jr. announced.

The charges stem from a three-year investigation conducted by the Monmouth County Prosecutor's Office into the guardianship practice of attorney Lynn Kenneally,50,of Wall. The investigation revealed that Kenneally routinely received guardianship appointments in Monmouth and Ocean Counties for individuals (“wards”) whose interests Kenneally was supposed to faithfully represent, such as senior citizens deemed by judges of the Superior Court to lack the necessary mental faculties to manage their own affairs. In her capacity as a court-appointed guardian, Kenneally’s primary responsibility was the honest and faithful management of her wards’ finances. However, a forensic examination of Kenneally’s law practice revealed that, from October 2000 through December 2006, more than $800,000 of proceeds belonging to Kenneally’s wards was diverted into or through the personal bank accounts of Tara Howie, 40, of Brick, a former paralegal of Kenneally’s guardianship practice.

The investigation further revealed that Howie used approximately $500,000 of this money to pay for college tuition, mortgage payments, car payments and various other personal expenditures; and that Kenneally repeatedly overpaid bills on behalf of her wards, causing the issuance of refund checks that were ultimately diverted. To further conceal the theft scheme, mandatory accountings filed by Kenneally failed to disclose the existence of checks that were ultimately deposited into Howie’s personal accounts.

If convicted, Kenneally and Howie face a maximum potential custodial sentence often years in New Jersey State Prison. The next court proceeding will be the arraignment ofthe defendants, which will be scheduled within the next several weeks.

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Guardianship Attorney Indicted for Bilking $800,000 from Incapacitated Wards

The Case Against Lawyers

The Case Against Lawyers:

How the Lawyers, Politicians, and Bureaucrats Have Turned the Law into an Instrument of Tyranny--and What We as Citizens Have to Do About It

Source:
Barnes and Noble

An Opportunity to Recognize Pro Bono Lawyers and Their Clients

Lois DeWolf asked for little. The Battle Creek woman in her nineties took great pleasure in simple things like riding city buses around town and spending the day people-watching at the mall.

That all came to an end when her poorly maintained home was condemned and Adult Protective Services (APS) petiioned the court to appoint a professional guardianship company as temporary guardianship/conservatorship.

The guardianship company took control of DeWolf's finances, and she was placed into a nursing home.

DeWolf's nightmare really began in the nursing facility. According to friends, unfounded presumptions were made about her health, and for months she was denied visits from her friends, members of her church, and other well-wishers. Even though she did not have dementia, DeWolf was made to wear a "wander guard"-a leg bracelet designed to keep tabs on those who suffer from Alzheimer*s disease. The once-independent, mobile senior was now confined and in misery.

Bradley Vauter, a concerned and compassionate member of the Legal Hotline for Michigan Seniors, alerted attorney Kelly Quardokus of DeWolf's plight. She agreed to represent DeWolf pro bono.

"Kelly was an answer to prayer," said Joan Klopfenstein, one of DeWolf's closest friends. "She stepped in and within one day the tether was off. Lois was allowed to have friends visit, the following Sunday she was allowed to go to church, and friends could take her shopping and out to eat."

Quardokus chalked her success up to experience and knowledge of how to work within the long-term care system to benefit elderly clients. "I was just so grateful to help her," Quardokus said.

*She was so independent, and I felt that she should go on living that way.*

Quardokus believed DeWolf would benefit from collaboration with other advocacy agencies. Before she approached APS and the nursing home about DeWolf, Quardokus enlisted the support of K. Jonker, the local ombudsman from the Michigan Office of Long-Term Care. With Jonker's help, Quardokus was able to persuade APS to drop the guardianship/conservatorship in exchange for a patient advocate and durable power of attorney, which gave DeWolf more choices and control of her life.

Now living semi-independently, a grateful DeWolf echoed her lawyer's sentiment. Her message to lawyers who are not providing pro bono services is: "Please help. You are really needed." Lawyers concerned about the lack of fi nancial compensation for pro bono services should consider the observations of DeWolf's friend, Joan Klopfenstein: "Through her efforts, Kelly was able to restore Lois's dignity. Who can put a price tag on that?"

Source:
Pro Bono Month: An Opportunity to Recognize ProBono Lawyers and Their Clients

Woman Charged With Financial Exploitation of a Senior

A Farmington woman is charged with stealing from a nursing home patient with dementia who then faced eviction from Trinity Care Center after falling $20,000 behind on rent.

Roxanne Helen Meyer, 51, allegedly used at least $16,660 to pay her own taxes and bills, her daughter’s tuition and other expenses from the account of the victim, identified as N.E. P. in the Dakota County criminal complaint filed last week. Other items investiagators claim was purchased with the funds include new tires for Meyer’s vehicle, wedding gifts, Christmas gifts, and food for Christmas gathering at Meyer’s daughter’s home.

Source:
Farmington Woman Charged With Financial Exploitation of a Senior