AZ Court: Hospitals Can be Sued for Elder Abuse

The Arizona Supreme Court ruled Monday hospitals can be sued under special laws adopted to protect vulnerable adults, saying the elderly can be abused anywhere.

In a unanimous decision, the justices rejected arguments by attorneys for hospitals that the law was intended only to cover only places like nursing homes and similar facilities.

Chief Justice Rebecca White Berch said there is nothing in the wording of the statute to support that claim.

Berch said adopting the view of the hospitals “would thwart the legislature’s goal of protecting vulnerable adults” in adopting the 1089 Adult Protective Services Act.

She said, for example, someone is as subject to bedsores from not being turned regularly in a hospital or a nursing home.

“Nothing in APSA indicates legislative intent to protect vulnerable adults from abuse, neglect or exploitation only when they are housed in particular facilities.”

Shannon Clark, an attorney for one of the survivor families in one of the two cases at issue, said the ruling is very important.

“It really does confirm that this is supposed to have a broad, remedial effect,” he said.

But the ruling also has immediate financial effects: It means that hospitals found negligent under the law could end up facing larger jury verdicts.

Monday’s ruling addresses two separate cases that now may go back to trial.

One was brought by the survivors of Helen Wyatt, who was a patient at Phoenix Baptist Hospital, where she received 350 medications and medical interventions from doctors, nurses, technicians and therapists.

The other suit was brought by survivors of Karl Kuhfuss Jr. who underwent three surgeries at John C. Lincoln Hospital and got postsurgical care there.

In both situations, the survivors contend the care their family members received violated the Adult Protective Services Act. But in both cases, trial judges threw out those claims, saying hospitals are exempt.

Among the contentions of the hospitals was that the law specifically applies only to facilities that “provide care” to vulnerable adults. They argued that the hospital “provide treatment,” which is something different.

Full Article and Source:
Court:  Hospitals Can Be Sued for Elder Abuse

Former District Court Judge Angus McGinty Speaks for the First Time Since Indictment

A former district court judge is speaking for the first time since being indicted on 15 federal charges of corruption.

Angus McGinty had his first appearance today in federal court.

The charges against him stem from allegations made by former defense attorney Albert Acevedo.

Yami Virgin spoke to McGinty after his court hearing.

For those of us who have covered cases with Angus McGinty its a bit ironic to see the former judge on the other side of the bench.  Next to him other men charged of committing crimes against the United States of America.

In his suit instead of a robe, the former judge sat today in federal court next to three other shackled defendants.

McGinty faces 15 charges related to courthouse corruption stemming from allegations and recordings the FBI collected with the help of former defense attorney Albert Acevedo.

Charges of wire fraud, conspiracy to commit bribery, commission of bribery and extortion allegedly in exchange for more lenient sentences for Acevedos' clients.

Immediately following the court proceedings McGinty chose to make his first public statement since this case was made public earlier this year.

"I am not guilty.  Keep me and my family please in your prayers.  Thank you."

In May, Acevedo plead guilty and accepted a deal with the U.S. Attorney's office.

Full Article and Source:
Former Judge Speaks Out on Corruption Charges

See Also:
Former Bexar Co. Judge Indicted on Bribery, Extortion, Fraud Charges

11 Lawyers Disciplined in South Florida

The  Florida Supreme Court disciplined 11 South Florida attorneys in recent actions brought by the Florida Bar. Five were disbarred, four suspended and two reprimanded.

Full Article, Names of Attorneys and Source:
Attorney Discipline:  11 Punished in South Florida

Tonight on T.S. Radio: Corruption in the Court: The Hunting of Seniors and the Disabled

Tonight's show will start with a discussion on civil rights vs natural (constitutional) rights.  Also called [civil liberties] the difference is major.  Also, Cary-Andrew Crittendon will be calling in with an update on the retaliation against George Williams, by the court.

Later:
Across the country our seniors and disabled adults are targeted by predatory guardians who operate through probate and family courts.  Anyone can be targeted for committing the new age crime of [aging with assets].  Assets that predator fiduciary's have decided should belong to them.  The system of legalized theft is facilitated by having the victim declared incompetent to handle their own affairs.

Many active and vibrant seniors are declared incompetent or incapacitated by unethical doctors and psychiatrists who many times have never even seen the victim.  The same doctors and psychiatrists are used routinely by the courts and the predators as they can be depended upon to write whatever diagnosis is desired.

Please join us as we take another look at the horrendous system put in place to loot the estates of unsuspecting elders who though they had their estates well planned.

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 9:00 pm EST

LISTEN LIVE or listen to the archive later

Private "Guardians" Jared E. Shafer and Patience Bristol Sue Blind Man for Libel

On April 10, 2014, private “guardians” Jared Shafer, his former employee Patience Bristol, Shafer’s business Professional Fiduciary Services of Nevada (PFSN Inc.), PFSN office manager Amy Deittrick, Deittrick’s AVID BUSINESS SERVICES, their attorneys Mark Solomon, Dana Dwiggins, Alan Freer, and Robert Simpson, and CPAs Bruce Gamett and Shawn King filed a civil libel lawsuit against Charles Pascal who has been blind since birth.

Plaintiff Patience Bristol is now serving 3 - 8 years in Nevada State Prison for ripping off Shafer’s elderly wards.  Plaintiffs Gamett, King and Shafer in 2009 were Defendants accused by the U.S. Securities and Exchange Commission of participating in a “Ponzi Scheme” that “fraudulently offered and sold approximately $180 million in unregistered notes to more than 800 investors, many of whom were senior citizens.” After being named as Defendants, Shafer, Gamet, and King agreed to return a portion of their commissions in order to escape prosecution.

Shafer, PFSN Inc., Bristol, Deittrick, and AVID BUSINESS SERVICES, are defendants in another civil lawsuit filed on May 1, 2014, by one of PFSN’s former wards who claims she was robbed of over $450,000.00 while she was under PFSN’s control.

Despite Shafer, Bristol, Gamett, and King’s own brushes with the law, they proclaim that their professional reputations have been damaged by Pascal and others who allegedly wrote derogatory Internet articles about them and their involvement in court appointed Nevada guardianships.

Source:
Private "Guardians" Jared E. Shafer and Patience Bristol Sue Blind Man for Libel

See Also:
NASGA:Marcy E. Dudeck: Nevada/California Victim

New Jersey Wants to Take an Elderly Man's Home for a Casino That Went Bankrupt Twice

A glitzy casino once praised as a way to revitalize Atlantic City has filed for bankruptcy. Again.
Currently losing $2 million a week, the Revel Casino Hotel filed for bankruptcy last week. With almost $450 million in debt but only $9 million in cash, Revel said it would shut down if they don’t find a buyer. An auction date for the beleaguered casino is tentatively scheduled for August 6, 2014.

Despite Revel’s two bankruptcies, New Jersey is still trying to use eminent domain to benefit the casino. Charlie Birnbaum, a piano tuner for casinos in Atlantic City (and who once tuned for Sinatra), is fighting to save his family home from the Casino Reinvestment Development Authority (CRDA).

His walk-up apartment near the boardwalk has been in the Birnbaum family since 1969.

But instead of respecting Charlie’s property rights, CRDA wants to take his home and bulldoze it to make way for a “mixed-use development.” According to CRDA documents, that development would “complement the new Revel Casino and assist with the demands created by the resort.” Those demands won’t even exist if Revel shuts its doors. Nor has CRDA actually said what the development plans would be. In May, the Institute for Justice filed a lawsuit challenging CRDA’s unconstitutional abuse of eminent domain.

Full Article and Source:
New Jersey Wants to Take an Elderly Man's Home for a Casino That Went Bankrupt Twice

California Disbarments for July 2014

CRAIG T. WORMLEY

STANLEY LEWIS EVANS

JENNIFER MARIE URQUIZA

RAYMOND ORTIZ BUENDIA

CARL WILLIAM NYMAN

MATTHEW HOWARD POWELL

DIANE M. TRZCINSKI

BRYAN CHARLES BECKER

Full Article, Additional Information, and Source:
California Bar Journal

Lawsuit filed against juvenile court judge, magistrates

The lawsuit names Juvenile Court Judge Curtis Person and magistrates Larry Scroggs, Herbert Lane, and Dan Michael. (Photo Source: WMC Action News 5 file)

(WMC) - A complaint filed in Shelby County Chancery Court on Tuesday alleges longstanding violations of due process in the juvenile court system of Shelby County.

The lawsuit names Juvenile Court Judge Curtis Person, Chief Administrative Officer Larry Scroggs, Chief Magistrate Dan Michael, and Magistrate Herbert Lane as defendants.

Judge Person is the only elected official of the bunch. According to the complaint, people with business before the court have the right to have their cases heard before the elected judge. The complaint alleges that the elected judge declines to hear cases and has passed that responsibility on to appointed magistrates who are not elected.

"This practice in itself is a civil rights violation of the highest order that has a far reaching and negative effect on out entire community," said the attorney who filed the suit, Ray Glasgow, in a written statement.

Juvenile court fired back, saying it handles approximately 50,000 cases each year and that state laws do authorize Person to appoint magistrates who have the power of trial judges.

"The Juvenile Court judge also is authorized by state statute to appoint a magistrate as a special judge. This authority has been affirmed by the Tennessee Supreme Court and the Tennessee Court of Appeals," Juvenile Court of Memphis & Shelby County Chief Administrative Officer Larry Scroggs responded in a written statement.

Chancellor Walter Evans set the first court date for July 16 at 10 a.m. in his courtroom.

Juvenile Court of Memphis & Shelby County Chief Administrative Officer Larry Scroggs' statement

"Juvenile Court of Memphis and Shelby County handles approximately 50,000 cases each year. The cases involve contested issues relative to delinquency, dependency and neglect, custody, visitation and child support.

According to the law of the State of Tennessee, the Juvenile Court judge, the Juvenile Court magistrates, and the child support magistrates hear these cases.

The Juvenile Court judge is authorized by state law to appoint Juvenile Court magistrates. According to the law of the State of Tennessee, these magistrates have the powers of a trial judge. The Juvenile Court judge also is authorized by state statute to appoint a magistrate as a special judge. This authority has been affirmed by the Tennessee Supreme Court and the Tennessee Court of Appeals."

Filing attorney W. Ray Glasgow's statement

"Thank you for your interest in a lawsuit filed yesterday in Shelby County Chancery Court. The purpose of the lawsuit is twofold. One is to stop the long standing practice of having non-elected magistrates sit as special judges on a daily basis in our local Juvenile Court. This practice in itself is a civil rights violation of the highest order that has a far reaching and negative impact on our entire community.

The other is to bring transparency to the manner in which the Department of Justice findings are being addressed. I do not mean to imply that the personnel involved in addressing these issues have not been forthcoming, but rather, that the DOJ has touched only the tip of the iceberg. Their focus thus far has been on the systemic defective practices that have resulted in civil rights violations in the delinquency side of the court. Nothing has been mentioned about the deficiencies in other areas of the court's responsibility that include hearing matters on dependent and neglected or abused children, custody and visitation issues, child support, termination of parental rights, and a myriad of matters brought by the Tennessee Department of Children's Services and heard by the court on a daily basis. Each of these areas of law is equally as important as the delinquency issues and should be included and addressed in the court's reforms.

For these and other reasons it is both appropriate and necessary that all of these deficiencies and the reforms intended to address them be made crystal clear to the public, and that they be thoroughly scrutinized in a court of law. This lawsuit is intended to accomplish that."

Full Article & Source:
Lawsuit filed against juvenile court judge, magistrates

Mixed Reactions on Proposed Rules for Ohio Guardians

Judges, advocates and attorneys in Ohio cannot seem to agree on how to fix a broken system meant to protect the elderly and disabled from abuse and exploitation.

The subject of a yearlong Dispatch investigation, the rules for adult guardianships in Ohio are largely left up to individual county probate courts to decide. The Dispatch series, “Unguarded,” revealed that a lack of oversight has allowed some attorneys and family members entrusted to care for the state’s most vulnerable residents to take their dignity, money and freedom.

Despite an outcry from lawmakers and advocates to create changes, the Ohio Supreme Court received conflicting opinions on a draft set of rules that would strengthen the requirements for guardians. In general, judges and attorneys who serve as guardians argued against the rules, while advocates and those who work with volunteer guardians called for quick adoption of the rules and wanted them to be even stronger.

Such differing opinions contributed to delays in drafting the rules, leaving Ohio as one of the few states without a uniform system for overseeing guardianship.

The draft rules would, for the first time, require guardians in Ohio to:
• Meet personally with their wards at least twice a year.
• Undergo a criminal-background check (but not a financial check).
• File an annual report on the health and care of the ward. (Some Ohio counties require a report only every two years.)
• Avoid conflicts of interest and not serve as a direct-care provider for the ward unless authorized by the court.
• Undergo a minimum of six hours of training before serving as a guardian for the first time and attend three hours of training per year thereafter.

Full Editorial and Source:
Reactions Mixed on Proposed Rules for Guardians

See Also:
Columbus Dispatch "Unguarded" Series Page With Links to All Reports
Thousands of Ohio’s most vulnerable residents are trapped in a system created to protect them but instead allows unscrupulous guardians to rob them of freedom, dignity and their money. Even judges who oversee the system acknowledge that it is broken and allowing harm to innocent people. Anyone could end up in this system that currently controls the lives of 65,000 Ohioans. And almost anyone can become a guardian — even a felon.

Florida Judge Who Punched Attorney Returning to Bench

A Florida judge accused of punching an assistant public defender during an altercation outside a courtroom is returning to the bench but in a different capacity.

Brevard County Court Judge John Murphy returns to the bench on Monday.

But instead of hearing criminal cases, he will handle civil cases.

Chief Judge John Harris said Friday that the reassignment isn't a form of discipline.

He says Murphy has been receiving anger management counseling since the altercation earlier this month.

Murphy allegedly hit assistant public defender Andrew Weinstock outside a courtroom after the two exchanged words over whether his client could have a speedy trial.

Source:
Judge Who Punched Attorney Returning to Bench

Documentary: ALIVE INSIDE

ALIVE INSIDE is a joyous cinematic exploration of music’s capacity to reawaken our souls and uncover the deepest parts of our humanity.

Filmmaker Michael Rossato-Bennett chronicles the astonishing experiences of individuals around the country who have been revitalized through the simple experience of listening to music. His camera reveals the uniquely human connection we find in music and how its healing power can triumph where prescription medication falls short.

This stirring documentary follows social worker Dan Cohen, founder of the nonprofit organization Music & Memory, as he fights against a broken healthcare system to demonstrate music’s ability to combat memory loss and restore a deep sense of self to those suffering from it. Rossato-Bennett visits family members who have witnessed the miraculous effects of personalized music on their loved ones, and offers illuminating interviews with experts including renowned neurologist and best-selling author Oliver Sacks (Musicophilia: Tales of Music and the Brain) and musician Bobby McFerrin (“Don’t Worry, Be Happy”).

An uplifting cinematic exploration of music and the mind, ALIVE INSIDE’s inspirational and emotional story left audiences humming, clapping and cheering at the 2014 Sundance Film Festival, where it won the Audience Award.

Alive Inside - Trailer and Theater Schedule

Summit County (Ohio) Probate Court Launches Volunteer Guardian Program

Last week, Judge Elinore Marsh Stormer of the Summit County Probate Court announced the formation of a volunteer legal guardian program to bolster the ranks of attorneys representing the growing number of the elderly in the Akron area.

The initiative, a collaboration with the County Executive’s Office, the Department of Public Health, the ADM Board and the Summit DD Board, chose Jewish Family Services to train citizens to represent those under the guardianship of the probate court.

In September 2013, Judge Stormer created a program to train volunteer visitors who visit wards in long-term car facilities more regularly than the overworked guardians could manage. In January, the court began requiring background checks for new legal guardians following the removal of 10 guardians after complaints of malfeasance and inattention.

“The sheer volume of wards appointed to each guardian often allows for only one visit per year. The attorneys are already working for free as guardians, so you can’t expect them to go out and visit the wards more often,” Judge Stormer told the Legal News in September.

Court staff cited the aging Baby Boomer generation for the rise of indigent guardianships – over 2200 currently in Summit County. Last year, the Scripps Gerontology Center projected Ohio’s 60-plus population to increase by 30% by 2020.

“The JFS Volunteer Guardian Program volunteers will make a real difference to someone facing the most challenging time of their life,” Judge Stormer said. “Our court works every day to protect those who cannot care for themselves.”

The probate court will provide a significant portion of the funding to the program along with training and oversight.

The court chose Jewish Family Services as its provider because of its compatible mission, senior services and existing fiduciary relationship with the county, according the staff.

Full Article and Source:
Probate Court Launches Volunteer Guardian Program

Floating Wheelchairs - What a Great Idea!

Entering the beach water, let alone floating or swimming, has always been a dream for people with disabilities, but not any more.

Dubai’s public beaches in Al Mamzar and Jumeirah have become the first beaches in the region to offer the service of 15 floating wheelchairs to fulfill the desires of the elderly and the disabled to splash some water and enjoy on the beach.

Full Article and Source:
Floating Wheelchairs for Elderly at Dubai Beaches

Court-Appointed Guardianship Program is a 'Huge Injustice'

A Medina woman says her life has been nothing but stress ever since a judge appointed an attorney to oversee her husband’s medical affairs.

Former Medina County Probate Judge John Lohn in 2011 declared now-78-year-old Larry Nauth incompetent to handle his own medical and financial decisions because he has Alzheimer’s disease.

Lohn appointed an attorney as medical guardian because Marie Nauth and her husband’s children from a previous marriage couldn’t get along and couldn’t agree on which family member should oversee his affairs. Nauth became financial guardian.

The appointed attorney later resigned and in January 2012 a new one stepped in.

That’s when Nauth said her troubles began.

“She has full power over my poor husband and I’m just kind of stuck with that,” Nauth said. “It’s not what I thought it would be like at all.”

She’s had trouble getting in contact with the guardian via email and telephone, Nauth said, which could seriously damage her husband’s health.

“As soon as the hospitals find out there’s a guardian, they don’t know who they can talk to — even though I’m his wife,” she said. “Huge mistakes can be made if they can’t get ahold of her.”

Full Article and Source:
Wife:  Court-Appointed Guardianship Program is "Huge Injustice"

When Advance Directives Are Ignored

In the final two years of her mother’s life, Lisa McAllister started carrying copies of her mother’s do-not-resuscitate and power-of-attorney forms in her purse and her car. Her mother was cycling between the hospital, assisted living and rehab — “a round robin of craziness,” said Ms. McAllister, a retired copy editor — and was clear about not wanting to be kept alive with substantially diminished quality of life.

 

One night in 2012, after her mother had fallen in a nursing home in Silver Spring, Md., Ms. McAllister looked at her mother’s medical chart and saw that someone had checked the box that said, “No D.N.R.”

 

“I said, ‘There’s a D.N.R.,’ ” Ms. McAllister recalled. “The floor nurse said, ‘No, there isn’t.’ ” Ms. McAllister got testier. “There is, it’s in the file. I’ve seen it there.”

 

They went to the director of nursing, who checked the records — and yes, there was the D.N.R. form.

It wasn’t the only time Ms. McAllister had to intervene to stop aggressive treatments. “It was a common occurrence,” she said. “There’s a lot of bodies and a lot of files and people coming and going.”

 

Health care professionals, ethicists and advocates continually urge older people to document their preferences about end-of-life medical decisions, and a growing proportion do. A recent large national study, tracking more than 6,000 people over age 60 who died between 2000 and 2010, found that the proportion with advance directives climbed to 72 percent from 47 percent.

 

Full Article and Source:
When Advance Directives Are Ignored

See Also:
NASGA Members in Legislative Action

NASGA on HB5573 (Illinois)

Letter of Support to Illinois Representative David Harris Regarding HB5573, Introduced to Strengthen and Enforce Power of Attorney and Advance Directives

Montana Judge Suspended Over Rape Case Opposes Suspension

A Montana judge who made disparaging remarks about a teenage sexual assault victim and issued an unusually light sentence to her attacker last year is asking the state's Supreme Court to withdraw his suspension..

Judge G. Todd Baugh, who was soundly rebuked when he suggested that the 14-year-old victim of a 2008 sexual assault case was "as much in control of the situation" as her assailant, Casey Rambold, contends in court papers filed Friday that inaccurate news accounts helped lead to his suspension.

The victim killed herself before Rambold was arrested, though it is not clear if the suicide was linked to the assault. Baugh issued a suspended sentence to Rambold, a teacher who pleaded guilty to one county of sexual intercourse without consent and faced 20 years in prison, meaning he served 30 days in jail.

In Montana, the minimum sentence for that crime is two years. Baugh later tried to have the sentence modified, but the Supreme Court blocked him on procedural grounds.

The Supreme Court in May ordered a different judge to resentence Rambold and the former teacher could face additional prison time. Baugh has admitted in court filings that he erred by issuing the light sentence, but comments he made during and after the sentencing made the veteran judge the target of a torrent of criticism.

He suggested that the victim was "a troubled youth" and "older than her chronological age."

When questioned by reporters last year, Baugh also downplayed the crime, describing it as "horrible enough as it is given her age, but it wasn't this forcible beat-up rape."

Full Article and Source:
Montana Judge Suspended Over Rape Comments Opposes Suspension

Is That Hospice Safe? Infrequent Inspections Mean It May Be Impossible to Know

Inspectors showed up at a hospice agency here in March 2012, and then issued what amounted to a 161-page catalogue of end-of-life neglect.

A woman dying of liver cancer, battling nausea and breathing difficulties, waited weeks for someone to drain fluid from her swelling abdomen and died still waiting, according to records. Another cancer patient had a feeding tube that oozed pus where it pierced his skin and did not actually reach his stomach. He had received no fluids from it for five days, emergency room doctors said. At the same time, a patient complaining about chest pain waited two days for a recorded visit and eventually was taken to a emergency room and diagnosed with pleurisy.

In all, the state health inspectors found treatment problems in the records for nine of 14 patients from early 2012.

The discoveries at the hospice, known as Expect Care, highlight how weaknesses in the inspection system can allow agonizing lapses­ in care for the terminally ill.

The typical hospice in the United States undergoes a full government inspection about once every six years, according to federal figures, making it one of the least-scrutinized areas of U.S. health care — even though about half of older Americans receive hospice care at the ends of their lives. By contrast, nursing homes are inspected about once a year, and home health agencies every three years.

Even as the U.S. hospice industry has grown rapidly, caring for some of society’s most vulnerable, the companies that provide hospice services are rarely reviewed for competency.

It is impossible to say precisely how many hospice companies might be cited for violations if there were more scrutiny, but a significant portion of them appear to be providing scant care, Medicare statistics and interviews show.

Full Article and Source:
Is That Hospice Safe?  Infrequent Inspections Mean It May Be Impossible to Know

Dying Man's Wish to Return to the Forest Comes True

A former forest ranger at the end of his life had one wish: to return to the outdoors.

 

Ed, a hospice patient at Evergreen Hospice in Kirkland, Washington, hadn't been outdoors in years because his terminal illness prevented him from traveling. After he told hospice chaplain Curt Huber that he wanted to go outside one last time, hospice staff connected with local firefighters to make sure it happened. 

 

"When he was healthy, Ed had been a forest ranger, and at that time, he said, he had lived for the outdoors," a post on the hospice center's Facebook page reads.

 

According to the post, Ed got his wish in March, when a team of firefighters from the Snohomish County Fire District escorted him to the Meadowdale Beach Park, just north of Edmonds on the Puget Sound.

According to the hospice's Facebook page, Ed was elated by the sight and smell of the forest:
"Together, the group took Ed up and down the trails, bringing him the scents of the forest by touching the fragrant growth and bringing their hands close to Ed’s face," the post reads.

Full Article and Source:
Dying Man's Wish to Return to the Forest Comes True

How to Choose a Hospice

~by David Casarett, M.D.

Ben Hallman's June 19 HuffPost blog paints a stark and scary picture of today's hospice industry. Hospice, he warns us, is big business. And it seems that business is booming. But his focus on for-profit hospices is not very helpful to patients and families who need hospice.

When people make a decisions about which hospice to enroll in, they don't need scare tactics. They don't need fear mongering about the evils of for-profit hospices. They need to choose a hospice that will deliver the best possible care for whatever time they have left. That is, they need advice. So here's my advice, based on 15 years as a hospice and palliative care physician.

First, ask your doctor for advice. Which hospices deliver the best care? Which have the most skilled staff? Which are the most responsive?

But also ask your doctor if he or she has a financial relationship with that hospice. Some doctors are employed by hospices, and may have a financial incentive to refer. So beware.

Second, pick up the phone and ask questions. Here are a few:
"Do you provide all four levels of hospice care?" (That's routine home care, inpatient care, continuous care at home, and respite care). Medicare-certified hospices are required to provide all four, but many don't.
"Is your hospice certified by The Joint Commission or the Community Health Accreditation Program?" Abbreviated as TJC and CHAP, these are organizations that visit and inspect hospices regularly.
"Are your physicians board-certified in hospice and palliative care?" This is a good indication that a hospice takes its medical care very seriously.
"Do you measure and improve the quality of care that you provide to your patients? How?" Any hospice that doesn't have a quick and clear answer for this question probably isn't serious about patient care.
"How much charity care do you provide?" This may seem like an odd question to ask, but in my experience, it's a pretty good indicator of whether a hospice's heart is in the right place. There's no "right" answer, but beware of a hospice that doesn't offer any.

Third, interview a hospice. That's right, just as you'd interview a job applicant. (Because that hospice is applying for a job to work for you.) Ask the hospice representative to tell you what you can expect. What services will they provide? And when? Ask the representative to explain to you how they'll work around your needs and preferences.

Finally, some general advice. These aren't hard-and-fast rules. But they've served me well in finding hospices for friends and families in cities where I don't know the lay of the land.

Full Article and Source:
How to Choose a Hospice

See Also:
Hospice, Inc.

Learning to Embrace Empowerment in the Last Chapter of Life

~by Jeanne Dennis, Senior VP at VNSNY Hospice Care.

It was Georgia's* 90th birthday party. Unlike several of the other guests (who were at least two decades younger), she was lively, bright and full of optimism. While her party guests shared their fears of disease and economic disaster when they reach the age of the new nonagenarian in their midst, Georgia laughed it off. "There's really nothing to be afraid of," she winked. "The ultimate empowerment is living each day to the fullest, having determined how the end of your life will take place."

 "I can't stop aging, and while I take good care of myself, I don't know if or when I might get terminally ill," Georgia explained. "But it doesn't mean I'm powerless. I don't have to spend my days wondering 'what if.' I made sure I discussed ahead of time with my family what's important to me. That gave me such peace of mind that the last chapter of my life will be the way I want it, and it also gave my loved ones guidance on how to make decisions on my behalf."

Our nurse was impressed by this forthrightness -- it's not often that we encounter such acceptance in our day-to-day hospice work. Georgia must've read her mind, because she continued, "I looked around and saw that too many people die in a manner they would not choose, hooked up to machines or unable to express their needs or preferences because they'd been afraid to prepare when they had the chance. I was determined that wouldn't happen to me. After all, I'm not the only one who would suffer -- think of the toll it would take on my family and friends. I couldn't put them through it."
One of the first steps for anyone, young or old, to prepare is an advance directive. An advance directive is a type of written or verbal instruction about health care which is to be followed if a person becomes unable to make decisions regarding his or her medical treatment. There are four types of advance directives, each enabling an individual to convey end-of-life wishes, in the event that he or she is unable to communicate:

• A Health Care Proxy (also known as a Health Care Power of Attorney) allows you to appoint a person you trust as your health care agent who is authorized to make medical decisions on your behalf.

• A Living Will allows you to document your wishes concerning medical treatments at the end of life.

• A Do Not Resuscitate Order (also known as a DNR) is a physician's order that directs health care professionals and/or emergency medical personnel to refrain from performing cardiopulmonary resuscitation (CPR), if your heart or breathing stops. [A DNR is only completed when someone is chronically or seriously ill.]

• An Organ Donor Designation allows you to document your wishes regarding donating your organs after your death. Even if you have indicated that you would like to be an organ donor, your family or health care proxy/agent must give their permission in order for the donation to take place.

Full Article and Source:
Learning to Embrace Empowerment in the Last Chapter of Life

See Also:
Hospice, Inc.

Celebrate! Judge Rules Public Guardian (Jeanan Mills Stuart) is NOT Immune From Lawsuit!

A circuit court judge has ruled that a Hendersonville woman placed in a conservatorship without her knowledge can sue Davidson's former public guardian for not acting in her best interests.

In an 8-page ruling, Judge Hamilton Gayden ruled that former Public Guardian Jeanan Stuart is not immune to a suit charging that she failed to fulfill her duties.

Gayden had previously ruled that Ginger Franklin, the Hendersonville woman, could not sue based on allegations that Stuart mishandled her financial affairs. But late last week, he found that Franklin could sue for the personal toll Stuart's handling of her affairs had taken.

That includes "mental anguish" and other damages.

"Thus, the court holds that Stuart is not entitled to absolute judicial immunity for the alleged actions (or inactions) in this case," Gayden wrote.

Franklin filed suit last year charging that, while under Stuart's control, she lost all of her possessions and was forced to work for no wages in a group home where Stuart had placed her.

Gayden concluded that Franklin could not contest the financial losses but can pursue claims that Stuart failed to act in her best interests by failing to investigate the living conditions at the group home where she placed Franklin..

Citing a prior ruling, Gayden said the precedent "stands for the principle that failure to act in the best interest of the ward is actionable."

He cited Franklin's claims that she was "abused in various ways, including being forced into slave labor."

Franklin already has won a ruling over the operators of the group home but she said she has yet to collect the $23,050 awarded by a Sumner County judge, who ruled Franklin had been abused durung her stay at Salim Homes.

Stuart resigned last year on the same day that Probate Judge David Randy Kennedy announced he would not appoint her to any more conservatorships because of questions over her billing practices as first reported by the Tennessean. Her position has remained unfilled.

Source:
Judge Rules That Public Guardian Isn't Immune from Lawsuit

See Also:
NASGA:  Ginger Franklin - Tennessee Victim

Four Charged in Virginia Nursing Home Fraud Case

Four former officials of a now-defunct southwest Virginia nursing home have been charged with defrauding Medicare and Medicaid by operating the facility without sufficient personnel and supplies.

Vendors and employees were defrauded, and residents of the Brian Center Health and Rehabilitation Center in Weber City lived in unsanitary conditions, a 71-count indictment said.

Three of the defendants pleaded not guilty Thursday in federal court in Abingdon. They are Avi Klein, 45, of Miami Beach, Florida; Alicia Dietrich, 52, of Lancaster, Ohio; and Charles R. Menten, 62, of Wilton Manors, Florida. Klein owned and operated the center before closing it in 2012, according to the indictment. Dietrich was a vice president, and Menten was the facility's chief accountant.

The fourth defendant, Vickie Cox of Kingsport, Tennessee, was the facility's administrator for a little more than two years.

A jury trial has been scheduled for Jan. 5.

Full Article and Source:
4 Charged in Virginia Nursing Home Fraud Case

Theft Suspect Attends Victim's Guardianship Hearing

Samuel Perkins, 45, the suspect in a case involving the alleged theft of an elderly East Side man’s home and life savings, made an appearance in court Monday, although the hearing he attended did not involve him.

 

The hearing, instead, was to determine guardianship of the alleged victim, Isiah Bradwell.
 

Bradwell son’s, Isaiah Bradwell Jr., filed the motion seeking legal guardianship of his father.

 

He testified in court that his father, who is 86 years old -- not 84 as previously reported -- suffers from dementia, and possibly Alzheimer’s disease.

 

“Speaking to the doctors, it's not going to get any better as time goes on,” the son said after the hearing.

 

It was under that mental state that the elder Bradwell signed over his home and his life savings -- more than $92,000 -- to Perkins, according to the charges.

 

Judge Tom Rickhoff decided in favor of awarding legal guardianship to Isaiah Bradwell Jr., who already has his father living in his Massachusetts home.

 

He said he removed his father from the San Antonio nursing home where Perkins had placed him earlier this year, and he appears to be adjusting.

 

Perkins, meanwhile, is awaiting trial in the criminal case.

 

Full Article, Video and Source:
Suspect in Theft of Elderly Man's Home, Life Savings, in Court