Saturday, August 29, 2015

MB Financial Bank Completes Acquisition of JPMorgan Chase Illinois Court-Appointed Guardianship and Special Needs Trust Business


CHICAGO, Aug 27, 2015 (BUSINESS WIRE) -- MB Financial Bank recently completed its acquisition of the Illinois court-appointed guardianship and special needs trust business of JPMorgan Chase, according to Mitchell Feiger, president and CEO of MB Financial, Inc. MBFI, +0.44% parent of MB Financial Bank, N.A. Terms of the deal were not announced. The acquisition added approximately $200 million of assets under management to MB Financial Bank’s existing guardianship business. Approximately five years ago, MB completed its acquisition of the Illinois guardianship and special needs trust business of U.S. Trust, Bank of America Private Wealth Management.

“MB has established an expertise and commitment to the guardianship and special needs trust business. This purchase represents a significant increase to our current portfolio, and further solidifies our strong position in this important market. We are confident that clients’ needs will be well served at MB through access to an experienced team dedicated to this customized, proactive service,” says Mitchell Feiger.

The Illinois guardianship and special needs trust business is headed by Alan Teraji, senior vice president, personal trust and guardianship group. His team will expand with the addition of Kim Bahna, Josie Sanchez and Sharon Franta, formerly of JPMorgan Chase.

About MB Financial Bank
MB Financial Bank N.A. is a Chicago-based commercial bank with approximately $15 billion in assets and a more than one hundred year history of building deep and lasting relationships with middle-market companies and individuals. MB Financial Bank offers a full range of powerful financial solutions and the expertise and experience of bankers who are focused on their clients’ success. MB Financial Bank is a wholly-owned subsidiary of MB Financial, Inc.

Learn more about MB Financial Bank at www.mbfinancial.com.

View source version on businesswire.com: http://www.businesswire.com/news/home/20150827005230/en/

SOURCE: MB Financial Bank
MB Financial Bank
Karen A. Perlman
Senior Vice President
847-653-1788
kperlman@mbfinancial.com

Full Article & Source:
MB Financial Bank Completes Acquisition of JPMorgan Chase Illinois Court-Appointed Guardianship and Special Needs Trust Business

Jefferson County lawyer, wife indicted on felony theft charges


Carl Robert Ogle
A Jefferson County lawyer and his wife have been indicted on charges of felony theft for allegedly pilfering money from his clients.

A Jefferson County grand jury returned indictments charging Carl Robert Ogle, 68, and Tameline Ogle, 63, of Jefferson City, with one count each of theft of more than $60,000, according to the Tennessee Bureau of Investigation.

The couple was arrested Thursday and booked into the Jefferson County Jail in lieu of $10,000 each.

The lawyer, who had practiced law in Sevier and Jefferson counties for nearly 40 years, was disbarred by the Board of Professional Responsibility of the Tennessee Supreme Court in October 2014.

According to board's disciplinary file, trouble began when the money from a lawsuit settlement check for $161,000 disappeared from the escrow account of a client's estate.

Board investigators learned that Tameline Ogle also had access to the escrow account. They later discovered money missing from several other clients' accounts.

The thievery totaled more than $183,000.

Carl Ogle blamed the missing funds on his wife's gambling addiction.

More details as they develop online and in Friday's News Sentinel.

Full Article & Source:
Jefferson County lawyer, wife indicted on felony theft charges

Affidavit: Woman steals $30,000 exploiting the elderly



Laura Vasquez, 41, gained the trust of an elderly woman, then convinced her to hand over more than $30,000 to her, according to an arrest warrant affidavit.

San Antonio police began investigating the case in May, but believe Vasquez took money from the 76 year-old woman as far back as October of last year.

The affidavit stated that the victim told police soon after she met Vasquez, who was cutting her grass, Vasquez asked her to loan her $5.  During the next seven months, Vasquez continued to ask the victim for money—sometimes thousands of dollars at a time, the affidavit stated.  In all, police said, she took more than $30,000.

The affidavit stated that she gave the elderly woman various reasons why she needed the cash, including to pay her rent, buy medicine and pay her own bail when she wasn’t even incarcerated.

The victim told investigators that she hoped that by continuing to loan Vasquez money, she would keep her engaged and willing to pay her back, the affidavit stated.

Detectives said Vasquez admitted borrowing money from the woman, but told them it was only a few thousand dollars.

She was arrested Thursday on charges of exploitation of the elderly and theft involving the elderly.

Full Article & Source:
Affidavit: Woman steals $30,000 exploiting the elderly

Friday, August 28, 2015

New law will allow cameras in Illinois nursing homes


SPRINGFIELD, Ill. (AP) – A new Illinois law will allow cameras in nursing home rooms.

Gov. Bruce Rauner signed legislation Friday that supporters say will help prevent abuse and neglect of nursing home residents. It takes effect Jan. 1.

The measure requires the resident and any roommate to consent to having a video or audio recording device installed. It would be up to residents or their families to pay for the devices.

Attorney General Lisa Madigan pushed for the law, saying it would give families added peace of mind and be another “line of defense” for residents.

The Illinois Department of Health responds to about 5,000 complaints annually. In 2013 the department found 106 allegation of abuse, neglect or theft of property by nursing home staff to be valid.
___
The bill was HB2462.

New Article & Source:
New law will allow cameras in Illinois nursing homes

Judge Ramsey petitions to halt recall, cites state law


A North Las Vegas municipal judge is trying to end an effort to remove her from the bench, arguing judges cannot be recalled by popular vote under the Nevada Constitution.

Judge Catherine Ramsey filed an emergency petition Thursday in Clark County District Court, asking a judge to issue an injunction barring a recall election.

A hearing on that request is scheduled for Monday.

“Nevada has been a state for 151 years,” Ramsey’s attorney, Craig Mueller, wrote in the petition.

“Never in the 151 years has a judge been removed from office relying on voter recall.”

The court filing says Ramsey’s “political adversaries” are behind the recall and are wrongly relying on a provision in Section 2 of the state Constitution that says “public officers” may be removed by popular vote.

That provision says an elected public officer can be removed if 25 percent of the voters who cast ballots in the original election sign a recall petition — and if a majority of people then vote for removal.

But Ramsey, who was elected in 2011, says several other provisions of law make it clear that a judge is not a “public officer” for those purposes and can only be removed by the state Commission on Judicial Discipline.

“ ‘Public officer’ does not include any justice, judge or other officer of the court system,” reads a section of the state’s Ethics in Government law.

A recall committee launched in March said it gathered 2,717 signatures, more than the required 1,984. The Nevada secretary of state certified last week that number is sufficient to trigger a recall, though the city clerk still has to verify the signatures are valid.

A spokeswoman for the secretary of state’s office, Catherine Lu, said officials there discussed legal issues surrounding the recall with the state attorney general’s office Thursday. But she said they could not comment further because of the pending litigation.

Ramsey’s court complaint names the city, the city clerk and members of the committee Remove Ramsey Now, asking the judge to bar them from continuing the recall.

The recall committee has accused Ramsey of misappropriating city funds to pay for a private lawsuit, asking employees to perform personal errands on city time, and reducing defendants’ sentences arbitrarily, causing the city to lose out on revenue.

Ramsey has said through her attorney that the political vendetta against her stems from her effort to protect court funding when city officials tried to spend the money on other projects. Ethics complaints filed by city employees in March say city officials, including Mayor John Lee and his chief of staff, are pulling the strings for the recall. A city spokesman has denied that.

One of the ethics complaints says the mayor and Chief of Staff Ryann Juden met with Ramsey. In that meeting, the complaint says, Juden told the judge he could “make a pamphlet of half-truths, and those stupid low-income citizens wouldn’t know what to believe.”

Ramsey’s lawyer, Mueller, said the campaign against her is a perfect illustration of why the law doesn’t allow judges to be recalled. Judges are sworn to follow the law regardless of public opinion, and that can mean making unpopular decisions, he said.

Also, judges are ethically prohibited from speaking publicly on many issues, which Mueller said makes it hard for them to respond to political attacks.

David Thomas, a political consultant working with the recall effort, said he expected Ramsey to raise arguments like the ones she did Thursday. Thomas said he’s confident the judge will lose, helping clear the way for an election.

Thomas said the recall committee has raised about $30,000, $5,000 from himself and $10,000 from the city police officers’ union. He called many of the other donors “regular employees of the city.”

Thomas had repeatedly said he would release the full list of recall donors. But on Thursday he refused, saying he would not make it public until the Las Vegas Review-Journal sought and published a list of Ramsey’s campaign contributors.

Thomas then hung up on a reporter and didn’t respond to a follow-up question.

If there is an election, both the judge and the recall organization will be required to file campaign finance reports that include names of donors. But they can keep secret the name of anyone who gives $100 or less.

Full Article & Source:
Judge Ramsey petitions to halt recall, cites state law

Robin Williams' Kids Ask Judge to Toss Wife's Estate Claims



ABC Latest News | Latest News Videos
In the latest court filing in the ongoing battle over Robin Williams' estate, the late actor's children say his wife is trying to increase her share of his estate at their expense.

Zachary, Zelda and Cody Williams are asking a judge to dismiss a petition filed by Susan Williams.

The December 2014 petition asked the court to exclude the contents of the Tiburon home that she shared with Williams from the jewelry, memorabilia and other items Williams said the children should have.

The children in their Aug. 14 filing say the estate's trustees have determined the division of all of Williams' personal property, and those decisions are final. They accuse Susan Williams of holding on to property that is theirs.

They also say the trustees have arrived at a figure for a reserve fund for Susan Williams to cover the costs of the Tiburon home, but she wants a guaranteed income stream that she is not entitled to.

"Petitioner is seeking to increase her share of the trust assets at the expense of the Williams children," despite the trust's clear language," the children say in their filing. "She cannot do so."

A call to Susan Williams' attorney was not immediately returned. The two sides are set to appear in court Aug. 28.

In court papers filed last month, Susan Williams said the trustees refused to explain how they calculated the amounts for her reserve fund, which were different from figures she arrived at. The trustees also don't have absolute discretion over her reserve fund, so the court has a role to play in deciding matters, she said.

She, however, characterized talks between the parties as "fruitful."

Full Article & Source:
Robin Williams' Kids Ask Judge to Toss Wife's Estate Claims

Thursday, August 27, 2015

Ohio Supreme Court urged to review Belinky’s tenure


Former county Probate Judge Mark Belinky

A veteran lawyer who has practiced extensively in the Mahoning County Courthouse offered this analogy to former county Probate Judge Mark Belinky’s sins of commission regarding guardianships: “It’s like a father coming home from work each day, knocking on his daughter’s bedroom door, entering and then proceeding to sexually abuse her because he knows she’s defenseless.”

The well-known lawyer, who spoke to us on condition of anonymity, was furious over Belinky’s admission that he stole money from people for whom he was a guardian and that he altered probate court documents to facilitate the theft. Belinky, who resigned from the bench in March 2014 in the midst of a criminal investigation into his activities, also admitted he used a probate court computer to create false probate court records.

The admissions were contained in affidavits filed by Ed Carlini, a special agent with the Ohio Bureau of Investigation.

“The first responsibility of a probate judge is to protect the people he is a guardian of,” the lawyer pointed out. “These are people who can’t take care of themselves. The probate judge has ultimate guardianship over individuals and over money.”

He described Belinky as a “depraved soul” for stealing from the handicapped – mentally or physically – who are at the mercy of the court.

We not only endorse that characterization of the former judge, but we would go a step further and say that he should be publicly condemned by all honest, law-abiding residents of this area. Why? Because Belinky presented himself as a paragon of virtue and the slayer of corrupt politicians when he ran for the judgeship in 2008, after being appointed in 2007 by then Democratic Gov. Ted Strickland.

In a May 2014 editorial after he had pleaded guilty to violating campaign-finance laws, we noted that he had resigned because agents from the BCI had a litany of criminal charges they were prepared to file against him if he did not cooperate with them in their wide-ranging investigation of government corruption in the Mahoning Valley.

APPEAL FOR SPECIAL MASTER
Belinky avoided jail time because he is said to be cooperating with investigators and the FBI, but given the latest revelations about his activities as a judge, we believe a fuller, independent investigation of his tenure on the bench is demanded.

We call on Ohio Supreme Court Chief Justice Maureen O’Connor to appoint a special master to determine the extent of Belinky’s criminal behavior.

The one question that demands to be answered is this: Was he acting alone, or were there other participants in the scheme to steal from some of society’s most vulnerable?

We find this case particularly egregious because we, along with lawyers specializing in probate law and the public, came to view Belinky as the exception to the political-corruption rule in Mahoning County.

GAMING THE SYSTEM
He was eminently qualified to serve on the bench because he had long practiced in the court. Now we see that he used his knowledge and experience to game the system.  (Continue Reading)

Full Article & Source:
Ohio Supreme Court urged to review Belinky’s tenure

See Also:
Former Probate Judge Mark Belinky Answers Questions About His Resignation 

Ohio Mahong County Probate Judge Mark Belinky Resigns!

Former South Pasadena nursing home recruited felons as patients, police chief says


Police Chief Arthur Miller at Press Conference

SOUTH PASADENA -- A nursing home that ran afoul of the state partly because it recruited convicted felons, probationers, rapists and robbers as patients is under new ownership, a city official said Wednesday.

Instead of a median age of about 75 years old, residents at the former South Pasadena Convalescent Hospital had an average age of 37, Police Chief Arthur Miller said. He accused the former nursing home of sending recruiting teams to Los Angeles to get new patients.

“In that lower age population, there were convicted felons, probationers, drug users, rapists, robbers,” Miller said. “Traditionally police officers do not go to convalescent hospitals on a routine basis, especially to handle the crimes that I just described. … The staff at the time were not equipped for it. The hospital was not equipped for it, and it wasn’t licensed to do that type of rehabilitation.”

Shlomo Rechnitz, California’s largest nursing home owner with at least 80 facilities in the state, operated the convalescent hospital at 904 Mission St. from 2007 until a week ago when new proprietors Elliot Zemel and Yudi Schmukler took over and renamed it South Pasadena Care Center.

The nursing home was decertified on Jan. 5, and the new owners are working to get it certified, Zemel said.

Sallie Hofmeister, spokeswoman for South Pasadena Rehabilitation Center LLC — often called South Pasadena Convalescent Hospital — released a statement saying the facility has provided outstanding care since 2007.

“South Pasadena Rehabilitation Center LLC has provided quality health care services to a severely underserved population of patients with few to no options for placement. Despite the challenges of care for these patients with secondary psychiatric diagnoses, South Pasadena Rehabilitation Center LLC consistently excelled in survey after survey by the Department of Public Health between 2007 and 2014.”

In the past decade, the South Pasadena Police Department received about 1,100 calls for problems unique to Rechnitz’s nursing home, including violent crimes, assault and theft, Miller said. A nearby nursing home received only 200 in the same time period, he added.

In 2012, the number of 9-1-1 calls dropped, but that’s because someone rerouted emergency calls to the nursing stations, Miller said.

“We never heard about those calls until we started having to do foot beats through the hospital,” he said. “That’s crazy. That’s insane that the people that were asking for help got rerouted to their captors. It’s just unheard of.”

Of the 156 beds at the South Pasadena Care Center, 17 are still occupied, said Dolores Diehl, the facility’s new administrator. Most of the old staff members were discharged but some have remained to work under the successive ownership, she said.   (Continue Reading)

Full Article & Source:
Former South Pasadena nursing home recruited felons as patients, police chief says

See Also:
Troubled nursing home gets new ownership 

California’s largest nursing home owner sued 

A judge's view: Take care when picking an attorney


Can you recommend a good lawyer? It’s a question we judges get asked frequently, probably because we are in a position to see a lot of attorneys.

Although we definitely have our opinions on which attorneys are at the top of their game, our judicial ethics rules forbid us from recommending specific lawyers or referring business to anyone. We have to remain fair and not play favorites, as difficult as that might be.

So how should you choose a lawyer? In a smaller community, the best source of information probably is still word of mouth. If a friend or co-worker used an attorney, ask if they would recommend that person. If you know an attorney who specializes in a different area of law, that person still might have someone they could recommend.

There are a variety of websites that offer attorney reviews, as well, but you should take the write-ups with a grain (or shaker) of salt. Typically, an angry person is more likely to write than a happy one, and sometimes lawyers get blamed for things completely outside of their control. However, if you see patterns in the reviews — such as not responding to phone calls, missing court appearances or blowing deadlines — that might be a good indicator of an attorney struggling to stay afloat.

The most important consideration in choosing an attorney is that you feel comfortable talking to that person. Lawyers have different styles, and one approach is not necessarily better than another. You will be sharing some highly personal information with your legal counsel, so you should be able to relate to him or her on a personal level and be able to have open, frank conversations.Most attorneys are willing to sit down with you for an initial consultation free of charge where they can give you some feedback on your case and give you an idea of how they would approach your representation.

Ask how long it takes them to return phone calls or emails, find out how many cases like yours they have handled and see if they’ll provide any references. And, of course, find out upfront how much the attorney will charge you for services, how often you will be billed, and what other expenses might be involved in your case so there are no surprises.Most attorneys or their law firms will have a website where you can learn more about their experience, background and areas of expertise.

Finally, if an attorney has received public discipline, that information is available on the Lawyers Professional Responsibility Board site at lprb.mncourts.gov. The site provides links to Minnesota Supreme Court decisions imposing public discipline, which can provide more information about the specific facts of the discipline. There also is a current list of suspended or disbarred attorneys so you can make sure a person is properly licensed.

We are fortunate to have many competent attorneys in northern Minnesota, so you should have several good options to guide you through the legal process.

Dale Harris is a 6th Judicial District judge in the St. Louis County Courthouse in Duluth. 

Full Article & Source: 
A judge's view: Take care when picking an attorney

Wednesday, August 26, 2015

Hospital doesn’t owe Huguette Clark’s estate due to loophole


Huguette Clark

The Manhattan hospital that kept an elderly heiress in a private room for nearly 20 years for no medical reason — while reaping millions of dollars from her — doesn’t owe her estate a dime thanks to a legal loophole.

Beth Israel Medical Center was facing a $95 million lawsuit from an attorney managing the estate of eccentric copper heiress Huguette Clark, who lived with her childhood dolls in her hospital room for years until she died at 104 in 2011.

Hospital executives charged the widow hundreds of thousands of dollars a year for care that was unnecessary — and bilked millions of dollars more from her with smarmy fake friendships, according to a 2013 suit by the estate administrator.

The hospital should have to pay it back and be penalized another $50 million for its actions, the plaintiffs said.

While Clark’s 19 relatives are not a party to the case, they were set to reap millions if the judge decided against the hospital.

But the statute of limitations ran out on the alleged crimes, Manhattan Surrogate Court Justice Nora Anderson said in her ruling released last week.

“We are hopeful that Beth Israel Medical Center . . . will ultimately answer for its prolonged and rampant financial exploitation of Huguette Clark,” her great-grandnephew, Ian Clark Devine said.

Full Article & Source:
Hospital doesn’t owe Huguette Clark’s estate due to loophole

See Also:
$10m Stradivarius violin found in New York heiress Huguette Clark's wardrobe

Mayoral Blitz Over Clark Estate

Pair Suspended as Executors of Huguette Clark's Will

Huguette Clark's Lawyer Fires Back!

Huguette Clark's Relatives Ask for Independent Guardian

The Late Huguette Clark Victim of Elder Abuse?

Huguette Clark's Will: Who Will Get Her Fortune?

Huguette Clark Signed Two Wills!

Huguette Clark Left $34mil to Nurse

Huguette Clark estate trial delayed 2 days to allow attempt at settlement

Former Cleveland attorney indicted for more thefts


CLEVELAND -- A former Cleveland lawyer serving prison time for stealing from the estate of a disabled veteran has been indicted for allegedly taking money from the accounts of two other disabled individuals, Cuyahoga County Prosecutor Timothy J. McGinty announced Friday.

The Cuyahoga County Grand Jury indicted Kevin Purcell, 62, of Cleveland, on theft, money laundering and tampering with records, which are all felonies.

The new charges accuse Purcell of stealing $116,844 from the estate of a physically disabled woman for whom he had been a court-appointed guardian, and $72,231 from a trust he had been hired to administer for a disabled man who died in a house fire in February 2014.

Last December, Purcell entered a plea of guilty to a single count of aggravated theft for taking $262,000 from the estate of John Kane, a disabled Army veteran. Purcell had been Kane's guardian and, then after the veteran's death, the administrator of his estate.

Cuyahoga County Common Pleas Court Judge Timothy McCormick sentenced Purcell to 16 months in prison. As part of the plea deal, he also gave up his law license.

He is currently serving time at Allen Correctional Institution.

He is set for an arraignment for June 5.

Full Article & Source:
Former Cleveland attorney indicted for more thefts

See Also:
Ohio Attorney Kevin Purcell Indicted for Theft From Veteran's Estate

100 Pieces of Advice from 100-Year-Olds



What’s the secret to a long and healthy life? All centenarians have their own habits and morning routines by which they swear. In July, the world's oldest woman—116-year-old Brooklynite Susannah Mushatt Jones—attributed her longevity to a daily dose of four strips of bacon. For 110-year-old Agnes Fenton, “three cans of Miller High Life a day and a shot of good booze at 5 p.m.” does the trick (Johnnie Walker Blue is her drink of choice). From daily naps to ice cream, here's what some very old people credit for their lengthy lifespan.

In 2011, Huffington Post interviewed a centenarian named Ruth. Since the age of 92, Ruth has committed to weekly Pilates classes. She also has a mean sense of style.

1. “Don’t look at the calendar. Just keep celebrating every day.”
2. “Invest in quality pieces, they never go out of style.”
3. “I make myself go out every day, even if it’s only to walk around the block. The key to staying young is to keep moving.”

NBC talked to a 100-year-old doctor who still ran his own practice. He had a few untraditional pieces of medical wisdom to share.

4. “Exercise, to me, is totally unnecessary. I think it’s mostly overrated.”
5. “The use of vitamins? Forget it. And I don’t encourage going to a lot of doctors, either.”
6. “Fall in love, get married. Sex is to be encouraged.”

This centenarian shared advice about love, forgiveness, and passion:

7. “Even if you feel hatred, keep it to yourself. Don’t hurt other people for any reason.”
8. “Don’t ever give up on love.”
9. “Nobody else controls you.”
10. “Make time to cry.”
11. "Travel while you’re young and able. Don’t worry about the money, just make it work. Experience is far more valuable than money will ever be.”
12. “Don’t compare. You’ll never be happy with your life. The grass is always greener.”
13. “If you are embarrassed to be dating someone, you should not be dating them.”
14. “Do one thing each day that is just for you.”
15. “Don’t be a cheapskate.”
16. “Forgive.”
17. “Find your passion and live it.”
18. “Most time things will figure themselves out.”
19. “Choose the right parents.”
20. “Have a pet. Life gets lonely sometimes. Pets are reminders of how we’re all living things.”
21. “I’m not saying you have to practice one religion or another, or not practice one religion or another… I’m just saying that you should figure out what you believe in and live it completely.”
22. “Learn to adapt.”
23. “Take time to mourn what you’ve lost.”

For Adrine Lee, the key to longevity lies in four simple steps:

24. “Keep going and never give up.”
25. “Make yourself walk.”
26. “I drink the faucet water.”
27. “Don’t just die all because you want to.”

And then there’s advice about how to find happiness.

28. “Life is fun. It’s all up to the person. Be satisfied. You don’t have to be ‘happy’ all the time, you need to be satisfied.”
29. “Love people. Find something to like about the person—it’s there—because we’re all just people.”

For others, the key is in education.

30. “Get a great education. That is something that no one can take away from you.”

One centenarian was interviewed by Jay Leno. She gave the following advice:

31. “Think positive.”
32. “Exercise every morning… I have a machine… it’s a cross between a rowing machine and a bicycle… [I do] 150, 200 [rows] every morning. I won’t leave my bedroom until I’ve done that.”

And then there are the 100-year-olds who are even more active than the average 20-year-old couch potato. This centenarian, an avid skier, had this to share with younger generations:

33. "Be active. I do things my way, like skiing when I’m 100. Nobody else does that even if they have energy. And I try to eat pretty correctly and get exercise and fresh air and sunshine.”
34. “If you’re positive you can get through it OK. When you think negatively, you’re putting poison on your body. Just smile. They say laughter is the best medicine there is.”

Sardinia, an island in Europe, is well known for its high proportion of centenarians. They offered their own advice about health and medicine.

35. “For years I would not take any medicines at all. I don’t think they do much, and lots of times the doctor is using you as a guinea pig.”
36. “Don’t die too early.”

A common trend among advice from 100-year-olds? Keep on truckin’.

37. “Just go ahead and do your thing no matter what.”
38. “You can involve yourself in local problems. There are all sorts of things that have to be tended to in the world.”
39. “Have lots of people in the house and lots of different kinds of people—young, old, black, white, people from all over the world. People have always energized me.”
40. “Just keep going.”

Many centenarians swear by exercise.

41. “I attribute my longevity to a great extent to walking, not being in the back of the car strapped down.”
42. “I’ve done almost everything that I know of: ballet, I’ve done tai chi. I’ve done yoga. I walked 4 miles a day. I stretched and flexed. I wrote the book.”

Other 100-year-olds believe in rock and roll lifestyles.

43. “I put my health down to whiskey and cigarettes. I only drink when I’m out, but my doctor said I wouldn’t be alive without them. I’m still alive, and I can lift my elbows—it’s great.”

This 100-year-old doctor had a treasure trove of advice for younger people.

44. “We all remember how as children, when we were having fun, we often forgot to eat or sleep. I believe that we can keep that attitude as adults, too. It’s best not to tire the body with too many rules such as lunchtime and bedtime.”
45. “For breakfast I drink coffee, a glass of milk, and some orange juice with a tablespoon of olive oil in it. Olive oil is great for the arteries and keeps my skin healthy. Lunch is milk and a few cookies, or nothing when I am too busy to eat. I never get hungry because I focus on my work. Dinner is veggies, a bit of fish and rice, and, twice a week, 100 grams of lean meat.”
46. “There is no need to ever retire, but if one must, it should be a lot later than 65.”
47. “When a doctor recommends you take a test or have some surgery, ask whether the doctor would suggest that his or her spouse or children go through such a procedure. Contrary to popular belief, doctors can’t cure everyone. So why cause unnecessary pain with surgery? I think music and animal therapy can help more than most doctors imagine.”
48. “To stay healthy always, take the stairs and carry your own stuff. I take two stairs at a time, to get my muscles moving.”
49. “My inspiration is Robert Browning’s poem 'Abt Vogler.' My father used to read it to me. It encourages us to make big art, not small scribbles. It says to try to draw a circle so huge that there is no way we can finish it while we are alive. All we see is an arch; the rest is beyond our vision but it is there in the distance.”
50. “Pain is mysterious, and having fun is the best way to forget it.”  (Continue Reading)

Full Article & Source: 
100 Pieces of Advice from 100-Year-Olds

Tuesday, August 25, 2015

Steve Miller: Elyse Tyrell, Jared Shafer's Lawyer Appears on Verge of Tears After Being Confronted at Nevada Supreme Court Hearing

I had no intention of bringing anyone to tears.

A dozen people, including myself (Las Vegas Review-Journal photo of the back of my head), testified on Monday, August 17 before the Nevada Supreme Court Guardianship Commission empowered to investigate hundreds of cases of elder exploitation. To the dismay of at least two Commissioners, the hearing was covered by national media.

The witnesses told of more than thirty years of court sanctioned thievery at the hands of several local for-profit guardians and their crooked lawyers who have an obvious stranglehold on several Clark County Family Court judges and their appointed hearing master.

Elyse Tyrell
Elder law attorney Elyse Tyrell and Family Court Judge William Voy are appointed members of the Guardianship Commission, though many believe both have serious conflicts of interest.

During testimony, Commission member Tyrell, her law firm, Trent, Tyrell & Associates, and Commissioner/Family Court Judge Voy were named repeatedly in victim's testimony as being a part of the problem, not the solution. This claim was based on both Commissioners long term legal representation of for-profit guardian Jared E. Shafer.

Judge Voy
Voy, prior to being elected to the Family Court, reportedly represented Shafer in over fifty court cases, and Tyrell took over the highly profitable job of representing Shafer after Voy's election. Both have been asked to step down from the Commission, but both have so far refused.

Ironically, Tyrell and Voy's past and present client, Jared Shafer, is the poster boy for why the Commission was formed.

Shafer, his company Professional Fiduciary Services of Nevada, Inc. (PFSN), former PFSN guardian Patience Bristol who is currently serving 3 - 8 years in prison for exploiting PFSN wards, Current PFSN manager Amy Viggiano Deittrick, Wells Fargo Bank Trust Department, and several other Shafer abettors are currently being sued in U.S. Federal Court under RICO statutes by the family of the late Guadalupe Olvera whose estate was bled of over $430,000.00 while under the court sanctioned control of Shafer and his crew.

Neither Tyrell nor Shafer responded to requests for comment for this column.

Based on "Elder Law Attorney" Elyse Tyrell's on again - off again involvement, alleged improper receipt and dissemination of confidential information, and admitted conflict of interest in Mr. Olvera's case, the complaint below was filed on August 14, 2015 with the State Bar of Nevada.

Full Article and Source:
Elyse Tyrell, Jared Shafer's Lawyer Appears on Verge of Tears After Being Confronted at Nevada Supreme Court Hearing

New guardianship rules take effect in Summit County Probate Court amid statewide initiative


Summit County Probate Court has implemented new rules for its appointed guardians to better protect the personal and financial interests of the court’s many wards.

Acting on an Ohio Supreme Court initiative, which went into effect June 1, the rule changes meet the guidelines for consistency in guardianship cases throughout the state, Summit Probate Judge Elinore Marsh Stormer said.

One of the most important of the new rules, which establish uniform procedures for screening, training and monitoring adult guardians, requires that all guardians complete six hours of training on program fundamentals and three additional hours of training every subsequent year.

Training courses are offered free of charge by the Supreme Court’s Judicial College and can be completed in person, by computerized programming and, eventually, through webinars.

As of mid-July, Stormer said, about 2,200 wards of Summit County were unable to manage their own affairs because of mental or physical impairments or developmental disabilities.

In 2013, Stormer’s staff began increasing scrutiny of its guardians by conducting criminal background checks and by using court “visitors” to better protect the interests of its wards, she said.
The visitors program involves community volunteers who visit wards in extended-care facilities at least once a year, then write a report for the court about how the person is doing.

“It’s another way of getting a set of eyes and ears on the ward,” Stormer said. “If there’s a problem, they can bring it to our attention, and we can address it.”

Last year, volunteers made about 600 visits to the court’s wards, she said.

Those wishing to become volunteers should go to the court’s website, www.summitohioprobate.com and click on the link “Volunteer Opportunities” under the “Additional Resources” section.

They also can call court’s community outreach coordinator, Mary Ann Freedman, at 330-643-2332.

For more information on other areas of the court’s guardianship program, call 330-643-2330.

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New guardianship rules take effect in Summit County Probate Court amid statewide initiative

Army vet mom fights for custody of special needs children after tours of duty



Hurst said she left her children with her stepmother in 2009 when they were 7 and 8 years old so she could join the Army, hoping to build a better life for her and her kids.

But just before her honorable discharge in 2013, Hurst says her stepmom, who had guardianship, moved to New Jersey with the children.

Because of their special psychological needs, they ended up in the care of the state's Department of Children and Families, Hurst says.

Hurst says her daughter had discipline issues and her son became aggressive toward their step-grandmother, which prompted the State of New Jersey to take custody.

To this day, both remain in foster care.

"I've missed so much of their lives serving my country," Hurst said. "I don't want to miss anymore."

According to court documents, New Jersey agrees the two children belong with their mother in Florida, with a condition.

"The condition is that the emergency services being provided by New Jersey continue on here in Florida, because the children do need special services," Hurst's lawyer, Brad Sherman, said.  (Continue Reading)

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Army vet mom fights for custody of special needs children after tours of duty

Monday, August 24, 2015

Default Judgments Sought In Probate Cases


By Walter F. Roche Jr.

John E. Clemmons
A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashville lawyer who is serving a lengthy prison sentence.

Motions filed Friday in Davidson Probate Court charge that Clemmons misappropriated nearly $1 million in two cases.

The motions filed by Paul A. Gontarek also seek the imposition of punitive damages.

Gontarek was appointed to takeover the two cases after Clemmons entered guilty pleas to charges that he stole money from several persons while serving as a conservator.

Clemmons was sentenced to a total of 18 years in prison and is now serving out that sentence at a state correctional facility in Clifton, Tenn.

According to court filings, Clemmons admitted to stealing $771,000 from the estate of William Link and $172,506 from Donald Griggs. Clemmons had been appointed as a conservator for Griggs.

The Gontarek motion in the Link case charges that Clemmons engaged in "egregious misconduct" when he "converted the estate assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries of the estate."

In the Griggs case Gontarek noted that Clemmons, despite being served with the complaint "failed to appear, plead or otherwise defend against the complaint."

In addition to the Link and Griggs' cases, Clemmons entered guilty pleas in two other cases, one in Davidson County and the other in Rutherford.

A hearing on the motions has been scheduled for Aug. 28 at 10 a.m. before Probate Judge David "Randy" Kennedy.

Gontarek is also seeking to recover money from Metro government, charging that had court officials properly monitored the cases, Clemmons would not have been able to extract the money. Metro recently asked the court to consolidate some of those cases.

Contact:wfrochejr999@gmail.com

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Default Judgments Sought In Probate Cases

Family of late black golf great accused of $1 million theft


Sifford in 1961
CLEVELAND (AP) The son and ex-daughter-in-law of late black golf pioneer Charlie Sifford were indicted Tuesday on charges they stole more than $1 million from him.

Sifford in 1961 became the first black golfer to earn full-time playing privileges on the PGA Tour, paving the way for minorities to compete at the sport's highest level. Craig and Sandra Sifford stole the money from him over a four-year period starting in 2010 and spent it on travel, dining, clothes, jewelry and landscaping, the state attorney general's office and the county prosecutor's office said.

Craig and Sandra Sifford, who divorced a few months ago, were charged in Cuyahoga County Common Pleas Court with crimes including theft, money laundering and unauthorized use of property. Sandra Sifford also was charged with receiving stolen property.

The prosecutor's office said an investigation into the thefts was ongoing when Charlie Sifford died at age 92 in February, not long after he suffered a stroke. Craig and Sandra Sifford's divorce decree was granted later that month.

The investigation by the state Bureau of Criminal Investigation, the county sheriff's department, the county adult protective services agency and the Internal Revenue Service began after a complaint to law enforcement that Craig Sifford was abusing a power of attorney for his father. The couple had a home in Brecksville, the Cleveland suburb where Charlie Sifford lived.

Craig Sifford's attorney did not return messages seeking comment Tuesday, and it was unclear who represents Sandra Sifford. A home phone number listed for them rang unanswered.

Charlie Sifford's fame as a golfer was hard earned. He helped dismantle the PGA Tour's Caucasian only rule but continued to face discrimination from tournament organizers in the South after earning his tour card.

Sifford has been credited with opening the doors to other minority golfers. Tiger Woods called Sifford his grandfather and said that were it not for Sifford and other pioneers he might not have played the game.  (Continue Reading)

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Family of late black golf great accused of $1 million theft

Neighbors Concerned about Elderly Man’s Safety



MCALLEN - Residents in a McAllen neighborhood are concerned for an elderly man’s safety. They say he lives alone and often wanders around the neighborhood confused.

The older man has been emptying mailboxes in the neighborhood.

“He got into at least four mailboxes today that we know of,” said Stephanie Contreras, a resident. “Taking the mail… is not a pleasant thing for us to experience, but that's not the important thing. We're terrified that we live too close to major roads. He could get into the road and get run over.”

Contreras said the man stealing the mail isn’t doing so maliciously. When confronted, he is usually confused.

“There are at least five different families in the neighborhood who have been attempting to get help for this gentleman,” Contreras said. “We know that he probably has dementia or Alzheimer’s.”

Neighbors worry about the man, not only because he wanders the streets, but they also say his home isn’t kept clean inside. They fear he cannot take care of himself.

“He is very, very thin,” Contreras said. “We feel he is not eating on a regular basis.”

Contreras said she and other neighbors have called McAllen police and Adult Protective Services to try and get him help.

APS told CHANNEL 5 NEWS that they couldn’t confirm if they have a case open on this man, due to privacy laws. They said neighbors were correct to report their suspicions.

“When a report is received, an APS worker is going to go into the field,” said John Lennan from the Texas Department of Family and Protective Services. “They're going to assess the client, make a determination to see if abuse, neglect or exploitation is going on.”

Last year, APS completed 2,408 investigations into potential abuse, neglect or exploitation of disabled or elderly people in Hidalgo County. In the South Texas Region, 1,020 cases of medical neglect were reported.

Contreras said she believes her neighbor’s medical treatment is being unmet. She said she hopes he gets the help he needs, not only for her mail’s sake, but for his own safety.

APS said they can take different actions if they find a person who needs help. They can reconnect the person to their family or put them in touch with local non-profits or doctors they need.

Anyone who has suspicions of abuse, neglect or exploitation of the disabled or elderly is encouraged to report it. APS can be contacted by phone at 1-800-252-5400 or on the web at www.txabusehotline.org.

For emergency situations call 911.

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Neighbors Concerned about Elderly Man’s Safety

Sunday, August 23, 2015

Tonight on T.S. Radio: Wade Ayer and WI Congresswoman Sinicki: AB255


Hour 1: Wade Ayer:

Hour 2: Christine Sinicki on Assembly Bill 255 WI Mission: To bring National attention regarding Medical Practice. Please read: "The Who's Next Club-A cosmetic surgery disaster" @donaldwayer.com.

This page is to have the victims tell their story & be heard, and what Malpractice really means. Here is a question we ask society: How reckless does it have to be before a Doctor before it is criminally charged? How many protocols does a Doctor break before it is deemed criminal, if ever. If law wouldn't prosecute this case, law won't prosecute any medical malpractice death. I want your stories. http://www.nmmaa.org/

The primary goal of the National Association for Medical Malpractice Victims, Inc. is to build and foster a culture of philanthropy and create social change. Medical mistakes are the 3rd leading cause of death in the US The National Association for Medical Malpractice Victims, Inc. seeks to enact a comprehensive intervention plan aimed at creating and maintaining a culture of patient safety. As an advocate for social justice,

The National Association for Medical Malpractice Victims, Inc. (NAMMV) empowers the community through education and opportunities for activism. NAMMV is a groundbreaking initiative that changes despair into hope 

Join the National Organization for Medical Malpractice Victims Facebook Page

LISTEN LIVE or listen to the archive later

What Home Means to New York’s Oldest Old



At the Hebrew Home at Riverdale, in the Bronx, Helen Moses, 90, had news.

“There’s not going to be a wedding,” she said.

It was an afternoon in June, just one month since Ms. Moses had announced her plans to marry Howie Zeimer, the man down the hall. She spoke, as always, with absolute finality.

“I’d first like to live together for a while,” she said. “I don’t want to give up this room.”

Ms. Moses is one of six older New Yorkers who agreed to be part of a yearlong project looking at the city’s “oldest old”: people 85 and older, one of the fastest-growing age groups in the city. As summer arrived, their lives moved in directions as diverse as the city itself.

On Manhattan’s Upper West Side, John Sorensen, 91, was devastated: His trusted home attendant was leaving for a new job. In Brooklyn, Frederick Jones, 88, had parts of two toes amputated and was now in a rehabilitation center, wondering how he would ever return to his walk-up apartment. Ping Wong, 90, made a rare trip outside her building, accompanying her daughter for dim sum in Chinatown.

Ruth Willig, 91, said she was starting to make peace with her new assisted living residence, but she was still angry at being displaced from her old one. And Jonas Mekas, 92, the writer and filmmaker, returned home from the Venice Biennale in Italy to a formidable amount of work: book manuscripts to finish, a movie voice-over to record and a museum in Paris that wanted everything he had on the Velvet Underground, Andy Warhol and Edie Sedgwick. “I have nothing promised for anybody else except this,” he said. “But it’s a lot of work.”

In the time I’ve spent with them, conversations have returned frequently to questions of home: what it means to live independently or in a residence for old people; how to balance safety and essential care with privacy and autonomy.

Home, for some, is a score sheet of all the things they have given up with age.

For others it is something they cling to. Only 12 percent of New Yorkers 85 and up live in group accommodations like nursing homes, according to census data analyzed by Susan Weber-Stoger of Queens College.

Most live in their own homes or with relatives, cobbling together networks of support: 53 percent say they have trouble living independently; 58 percent say they have trouble walking; 31 percent say they have cognitive difficulties.  (Continue Reading)

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What Home Means to New York’s Oldest Old

New allegations about Belinky and Cafaro in unsealed affidavits


YOUNGSTOWN, Ohio - Recently unsealed affidavits show convicted ex-Mahoning county probate court judge Mark Belinky admitted to additional crimes.
 
Thursday's edition of 21 News print partner The Vindicator reports Belinky, who was convicted of tampering with records last year, admitted to stealing money from people for whom he was acting as guardian.

Belinky also admitted altering probate court documents to further such theft and to using a Mahoning County probate computer to create false probate court records.

The information comes from affidavits from a special agent of the Ohio Bureau of Criminal Investigation.

The Vindicator also reports that those same affidavits in the Oakhill corruption case allege that retired businessman Anthony Cafaro Sr. sought out people to donate money to political campaigns, and then would reimburse those donors.

The documents state that businessman Bruce Zoldan testified twice in front of the Oakhill grand jury that Cafaro offered to reimburse him for a donation in 2010 to Carol Rimedio-Righetti, who was elected county commissioner.

Cafaro also allegedly offered to reimburse Zoldan for a donation to attorney Martin Yavorcik’s unsuccessful 2008 campaign for county prosecutor.

Yavorcik is one of the defendants in the upcoming Oakhill political corruption trial.

Zoldan told The Vindicator he rejected both offers.

Anthony Cafaro has not been charged with any crimes since he was indicted along with then Mahoning County Commissioner John McNally, Auditor Michael Sciortino and former Treasurer John Reardon in the original Oakhill case.

The 73 counts in that indictment were dismissed in 2011 after prosecutors say they could not obtain audio recordings obtained by the FBI to use as evidence.

Those recordings are being used in the latest Oakhill case against Yavorcik, McNally and Sciortino

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New allegations about Belinky and Cafaro in unsealed affidavits

Uscrupulous Guardians Pose Threat To Older Americans


Dorothy Luck was enjoying her golden years until an unexpected legal dispute threatened her $1 million investment portfolio.

A distant relative brought guardianship proceedings against the 87-year-old widow and control of her money was eventually wrested. Luck started investing in the 1980s with $10,000, but now receives monthly disbursements from the bank that took control of her portfolio with a court order.

“I had a million dollars cash invested with Edward Jones that vanished after a vice president of trust from Frost Bank was appointed ad litem by a county judge,” Luck said in an interview. "It boils down to greed, selfishness and envy."

Luck is among the 21 percent of older adults who are concerned about protecting themselves from financial scams and the 43 percent of professionals who share this concern, according to the 2015 United States of Aging Survey conducted by the National Association of Area Agencies on Aging (n4a), National Council on Aging (NCOA) and United Healthcare.

“Professionals in the field who see seniors struggling the most are reporting that the golden years are not so golden for far too many individuals,” said Ramsey Alwin, vice president of economic security with the NCOA, based in Washington, D.C. “It’s an economic justice and human rights issue.”

Part of the problem is the denial that exists around what getting older means.

“People want to age on their own terms, but it’s inevitable that they will become more vulnerable,” Alwin told Financial Advisor magazine. “There can be long good-byes that are painful due to chronic conditions rather than terminal issues.”

Nationwide, financial advisors are doing their best to assist clients who may be unaware what awaits them as they retire.

When Larry Rosenthal comes across an aging client who may be deteriorating mentally or physically but is resistant to advanced planning, he tries to enlist the help of their adult children, but not without contacting compliance and requesting the client’s permission.

“It has to do with the client’s situation and not so much with age,” Rosenthal said. “Some clients don’t want their kids to know about their money until after death. In that case, I make sure everything is as tax efficient as possible and that beneficiary documents are lined up in the way they want.”

Once adult children are on board, Rosenthal often recommends linking together the aging client’s bank account through e-money advisor.

“This way both the client’s adult children and I can review the spending of the aging client who may be vulnerable because their physical or mental health is in decline,” said Rosenthal, whose financial advisory practice is in Virginia.

With some 5.3 million people having Alzheimer’s illness in the U.S., according to the Alzheimer’s Association, it’s no wonder that among credit union managers, primary care physicians, aging professionals and pharmacists surveyed, only 10 percent feel older Americans are very prepared to age compared with 42 percent of seniors.

“We have been looking at the retirement crisis and noting that many professionals see first hand that seniors don’t have enough private savings or that their home equity took a hit during the recession and it hasn’t rebounded,” Alwin said.

But finding a job isn’t as simple as it sounds for aging Americans who want to bridge the gap of insufficient income.

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Uscrupulous Guardians Pose Threat To Older Americans