Most adults in Maine who are considered for legal guardianship don't
have an attorney to represent them. That's the finding of a first-of-its
kind report from Disability Rights Maine.
The
non-profit advocacy group evaluated more than 2,200 adult guardianship
cases from 2019-2021, and found that roughly three out of four adults
lacked legal representation. And among those with developmental
disabilities, the rate was even higher — 90 %.
Lauren Wille, legal director at Disability Rights, said under
guardianship, individuals lose their right to make decisions on housing,
jobs, medical care, and finances. And she said Maine has become overly
reliant on its use.
"That is why an attorney is really, really
helpful," Wille said. "Part of what our report showed is that the
outcomes for when people had attorneys versus when they didn't were
very, very different. Starkly different, less restrictive alternatives."
Wille
said Maine showed leadership in 2018 when it enacted a law that
emphasized guardianship should be considered a last resort. She said the
study shows that more must be done to ensure people in these cases know
they have a right to a court-appointed attorney.
LAGRANGE, Ga. - A
lieutenant from the LaGrange Police Department has been arrested in
connection with a case of theft and exploitation involving an elderly
victim, announced by the Georgia Bureau of Investigation over the
weekend.
Joshua Clower, 43, faces charges of
theft by taking, theft by conversion, and exploitation of an elderly
person over the age of 65.
On June 25, the LaGrange Police Department
requested the GBI's assistance to investigate allegations that Clower
was involved in theft.
Investigators accuse
Lt. Clower of stealing more than $7,000 from an elderly citizen's
checking account and using the funds for personal expenses.
Following his arrest, Clower was booked into the Troup County Jail.
The
GBI asks anyone with information about this case to contact the
regional investigative office in Columbus at 706-565-7888. Anonymous
tips can be submitted by calling 1-800-597-TIPS (8477), or online at the GBI's website.
Some advocates for those with disabilities want less restrictive guardianships or none at all
Guardianship is a legal process that’s handled through the courts,
giving one legal authority over someone who’s unable to make decisions
for themselves and often with intellectual or developmental
disabilities.
Now that longstanding process is coming under new debate.
“If you have a guardian, that person has the right to decide
everything for you,” said Kelly McGuire, staff attorney for Disability
Rights New Jersey. “There’s very few rights that you actually retain
under guardianship.
“I see it in my clients, that people subject to guardianship will
come to me and say that they don’t want to be subject to guardianship
anymore,” she said. “Or they want a less restrictive guardianship or
less restrictive guardian, because these tend to be abusive
relationships. Not all guardians are abusive, but it’s a very easily
abused system.”
Disability Rights New Jersey represents many individuals with disabilities, often fighting guardianship cases in court.
Among the clients is Peter Brumlick, who has autism and spent three
years and close to half a million dollars in court trying to get out
from under his mothers’ petition for guardianship. The appellate court
recently ruled on Brumlick’s behalf, but it’s the petition process that
has him concerned for others like him.
Yet a new bill in the Statehouse would further streamline the
process, and advocates are concerned given how easy it is to apply for
guardianship already — and how hard it is to get out from under a
request, let alone an actual guardianship appointment.
The bill would allow someone to request guardianship of a minor six
months before that person turns 18. It was first introduced by state
Assemblyman Hal Wirths (R-Sussex) and is now sponsored by Assemblywoman
Carol Murphy (D-Burlington), who says it’s intended to keep the most
vulnerable from falling into a care gap where family can’t advocate for
them.
“A lot of times, our folks with disabilities, once they turn 18 it’s
not automatic that their parents will become their guardian,” said
Murphy. “So in order to avoid that break in the guardianship, it allows
that parent to file early before they turn 18.”
She does want to see people who don’t need guardians to be able to
live independently and seek help when they need it. But this bill puts
the onus on those who would have guardianship placed over them to prove
that have capacity to care for themselves.
“We shouldn’t start from the position that people are sort of guilty
until proven innocent,” said Paul Aronsohn, the state Ombudsman for
Individuals with Intellectual or Developmental Disabilities and Their
Families. “If someone is seeking guardianship over another individual, I
think it’s incumbent upon them to make the case, and make it in a
thoughtful way.”
There’s another option here – one that 22 other states have adopted –
that calls for what is termed supported decision-making, where the
person with a disability assigns power of attorney to a caregiver so
they can participate in things like healthcare and banking.
Passaic County Surrogate Judge Zoila Cassanova approves guardianship
requests, and she too is in support of a more coordinated, centralized
system that puts supported decision-making before guardianship.
“I feel we should try to look at the least restrictive means,” said
Cassanova. “Ultimately, we should move forward as a state in how to
support individuals, meet them where they are, and work on their
strengths with the right support. Rather than automatically take away a
person’s right and their autonomy.”
Cassanova would also like to see a shift away from court-appointed
attorneys used in these cases, instead using a guardian ad litem as an
advocate. Murphy has said she’s holding the bill while she continues to
have discussions with stakeholders.
New recordings reveal Oakland County judge felt 'untouchable'
By:
Heather Catallo
(WXYZ) — It’s a story the 7 Investigators first broke: a local judge
caught on tape, accused of making racist and homophobic comments. Now 7
Investigator Heather Catallo has obtained more of those recordings.
Judge
Kathleen Ryan was removed from her docket in late August. The 7
Investigators have learned that investigators from the Judicial Tenure
Commission (JTC) have been conducting interviews about the judge’s
alleged behavior with employees at the Oakland County probate court.
It's unclear at this point will she be taken off the bench for good, disciplined, or allowed to go back to work.
7
Investigator Heather Catallo first obtained the recordings that Oakland
County officials say prompted Judge Kathleen Ryan’s removal from her
docket in August.
In one recording Ryan allegedly said: “I can honestly say that, ok I’m not systemically racist – I’m a new racist.”
In
another recording obtained by the 7 Investigators, she allegedly said:
“You f*****g Black c***. I’m so pissed off at this Black Lives Matter,
#MeToo, all this bulls***, oh my God – f**k you b***h.”
Ryan is the Oakland County Chief Probate Pro Tem Judge and she’s been on the bench for more than 13 years.
Attorney Edward Hutton is the Oakland County Probate Court Administrator.
Hutton is in charge of running everything that’s not under the judges’ purview inside one of the state’s largest probate courts.
“I've never met anybody that enjoys hurting people and brags about it
the way she does — or intimidating people, or scaring people,” Hutton
told 7 Investigator Heather Catallo.
He alleges Judge Ryan has
been calling him both during work and after-hours for years, and Hutton
says during those hours and hours of calls Judge Ryan said highly
inappropriate and racist things.
In another recording, Ryan allegedly said this: “…with this whole
Black Lives Matter stuff you know they’re like - everyone’s all entitled
and s**t… Let’s assume they did get screwed just because of the nature
of your color, and the way America is, systemic racism, all that s**t!
Fine. But don’t they have an obligation to step up to the plate too? I
mean think about it, all they have to do is look at their history, like
the whole like baby mommas, and the dads taking off, it’s like, you guys
have an obligation too. You want us to treat you equally - you got to
f*****g step up and do the same job! You know, you don’t get to be a
lazy a**”
“Why did you start recording the calls?” Catallo asked Hutton.
“I
just felt like it wasn't going to change,” said Hutton. “Nothing's
manipulated and it's conversations that I was a part of. It's something
that I anticipate at some point I'll probably have to testify to under
oath, and I'm absolutely willing to testify to the authenticity of every
single one of them.”
Hutton says he sent Chief Probate Judge Linda Hallmark a formal
complaint about Judge Ryan in May. He says very little happened until 3
months later when he sent the recordings of Ryan to the Michigan Supreme
Court and to the Oakland County executive.
Judge Hallmark then
issued a statement saying she notified the Judicial Tenure Commission
(JTC) which decides whether judges should face discipline.
Sources
tell the 7 investigators the highly secretive JTC investigative process
is underway. But Hutton says he’s always been concerned Judge Ryan’s
powerful friends in Oakland County might protect her.
In another
recording Ryan allegedly said this: “I hate to say it, knock on wood. I
really kind of am untouchable… They can’t touch me… They can’t touch my
salary. They can’t touch my job. All they can do is have somebody run
against me. Good luck!”
Hutton says Ryan has bragged in the past
about knowing people on the Judicial Tenure Commission, although there’s
no indication she’s contacted them about this issue.
Hutton says Judge Ryan also previously talked about how the rest of the Oakland County judges would support her in past matters.
Recording:
“I’m pretty untouchable. So you guys really want to be d***s… You got
22 judges who are p*****s. Guess what - they’re still going to back me”
This isn’t the first time that Judge Ryan has allegedly made statements about her status as a judge.
In
November of 2021, Wixom police arrested Ryan for domestic assault. That
charge was later dropped, but police records say Ryan hit her boyfriend
in the face and when she was arrested she allegedly mentioned “she was a
‘Judge…” and yelled “obscenities at [the officer], saying, she was
going to ‘come after [the officer]…’”
“Judges are at the center of representing the system of justice to
the public. It's not only important the way in which they handle their
work, but the view that the public has of them,” said Larry Dubin, law
professor emeritus at the University of Detroit Mercy School of Law.
Dubin
is a legal ethics expert and says Judge Ryan’s statements about race
and being untouchable have the potential for serious consequences from
the JTC, because even the appearance of misconduct can violate the Code
of Judicial Conduct.
“I would say that if a judge believes that he
or she is basically untouchable, that they basically can do whatever
they want to do and there will not be any consequences for it -- is
really mistaken,” said Dubin. “So the Supreme Court is going to be
concerned, even if a judge is creating a bad image before the public.”
“She's
a judge and she makes decisions from the bench ... that affect
individuals’ lives and families’ lives and have a rippling effect
throughout our communities, our county, our state. And it just can't be
allowed to continue,” said Hutton.
The
7 Investigators did reach out to Judge Ryan’s attorneys. They did not
comment on these new recordings but previously told us in a statement:
“We respect the authority of the Michigan Supreme Court. However, we
look forward to vindicating Judge Ryan in the appropriate forum.”
Meanwhile, the Executive Director of the JTC says their confidentiality rules prevent them from commenting as well.
Before we get down to exploring what lessons the public can learn from
Britney Spears’s conservatorship battle, reckoning some of our readers
may have never heard of the infamous case, here’s a brief overview of
the dispute we are trying to base our story on.
Britney Spears, a well-known American pop star, aged 42 as of writing
this article, was placed under a conservatorship—in simple words, legal
guardianship—in 2008, with the court appointing her father, Jamie
Spears, to control the singer’s personal and financial affairs in light
of her then-ongoing struggles with mental health.
To
simplify the matter even further for our readers, here’s how
conservatorship or guardianship is described in legal textbooks.
Guardians for adults are sought to manage issues for individuals who are
incapacitated. This includes people with physical disabilities, such as
individuals in comas, those who suffer from advanced forms of dementia,
or those experiencing other serious injuries or challenges. Guardians
are also appointed in cases of intellectual disabilities. This is the
category Spears’s conservatorship fell under.
Guardians are
typically of two types: a personal guardian, who exerts control over the
conservatee's personal matters, such as taking care of their medical
decisions, and a guardian of estate, who makes financial decisions on
the conservatee’s or ward’s behalf. In Spears’s case, her father was in
charge of both aspects of her life until 2019, when he stepped down from
the formal role due to health reasons. However, he remained in control
of her finances until 2021, when the court removed him and allowed
Spears to choose her own trusted guardian after she managed to convince
the court her father was an inappropriate candidate for the role, citing
his unfair treatment of her.
Since we’ve discussed the unfairness one of the biggest pop stars of the
late ‘90s and early 2000s endured for over a decade while being
involuntarily placed under this legal arrangement, here are five lessons
her judicial fight can teach us.
Loss of authority over oneself
In
a brief court appearance in June 2021, according to BBC, Spears labeled
her conservatorship as “abusive,” saying the arrangement was doing her
“way more harm than good.” It was also during this testimony that she
pleaded with the court to return her life to her, highlighting how the
singer was deprived of even basic control over her personal and
professional affairs. “I want to be able to get married and have a baby.
I was told right now in the conservatorship I am not able to get
married and have a baby,” Spears added, further emphasizing the lack of
control she had over her own life.
Per the aforementioned publication, the singer felt so betrayed by
her father’s excessive control over her business that she
unapologetically expressed her readiness to press conservatorship abuse
charges against him.
The first and foremost lesson we feel our
readers can learn from Spears’s conservatorship battle is to trust no
one completely when it comes to legal arrangements. Like Mr. Spears,
one’s conservators might disguise extreme control over one’s life as
decisions made in the best interest of the conservatee.
Opt for professional conservators
To
avoid enduring the ordeal Britney had to bear, it is advisable for
conservatees to choose their conservators themselves. Your guardian does
not need to be a family member or close friend. There are many
professional conservators who would gladly look after your finances or
well-being for a fee.
Our advice: it’s best to let your parents,
partners, and loved ones remain as such while letting an experienced
attorney or professional conservator manage the less emotional aspects
of your life. Spears was eventually allowed to choose her preferred
guardian after her battle for freedom from her father ended.
LPAs are for people of all ages
Situations
similar to Britney’s can be avoided by having a Lasting Power of
Attorney (LPA) in place to manage your estate or health if you become
incapable of doing so yourself. While many believe LPAs are for people
nearing the end of life or suffering from illness, recent
events—including the Oops!... I Did It Again singer’s case—show that
LPAs should be considered by people of all ages.
Know your rights
Entering
into any legal arrangement should only come after thoroughly
researching your rights in case of abuse of power. In the United States,
laws like the Uniform Guardianship, Conservatorship, and Other
Protective Arrangements Act (UGCOPAA) and similar state-specific laws
have been enacted to reduce the potential harm that arrangements like
conservatorship can have on individuals.
Britney Spears’s public
testimony raised awareness about conservatorship abuse as she revealed
how powerless and out of control she felt while under her father’s
control, even though he claimed he acted in her best interests.
Fame comes with a price
Britney
Spears’s case highlights that fame often comes with a cost. The pop
star’s immense success, along with the pressures of public scrutiny,
relentless media attention, and high expectations, contributed to her
mental health struggles, which led to her father taking extreme control
of her life.
According to her 2023 memoir The Woman in Me, Spears was placed under
Jamie’s control after a series of troubling incidents, including shaving
her head, hitting a paparazzo’s car with an umbrella, and locking
herself in a room with one of her children to avoid handing him over to
her ex-husband.
BALTIMORE — A Baltimore
County woman is being held in jail without bond, accused of neglecting
the care of a family member, according to charging documents obtained by
11 News Investigates.
The family member is a woman who was a double amputee and had been bedridden for 15 years.
Neighbors told 11 News they are upset and disturbed by what has
happened. They did not want to speak on camera, but some said the family
had just moved in several months ago.
A medical call brought first responders last week.
Baltimore
County police arrested 34-year-old Brittany Brooks on three charges
related to abuse and injury of a vulnerable adult.
Police said
56-year-old Antoinette Gray was found in deplorable condition inside a
home on Kirkwood Road in Gwynn Oak, according to charging documents.
Brooks called 911 and said her aunt had been depressed and hadn't been eating or acting like herself for about a week.
First responders arrived and entered the home, where they found Gray
in a bed in the dining room. They noticed a terrible odor and saw flies,
maggots and bed bugs, according to the charging documents. Gray had
bedsores and was suffering from an infection. Her condition was so bad
that rescuers worried about her going into shock.
The court record read:
"Due
to victim Gray's skin being stuck to the mattress, victim Gray was
transported to the hospital with the mattress still attached to her
back."
"She was unable to move victim Gray so she left
victim Gray there until a doctor would approve a lift to move her
instead of calling for immediate medical attention," court documents
read.
Brooks also said Gray would refuse medical care when needed
and would not let anyone tend to her. One officer said they heard Brooks
tell her mother she might get arrested for neglect, court documents
show.
Gray, who died Aug. 15, said she was under Brooks' care for
around a year, according to charging documents. Gray thanked rescuers
and medical staff for helping her.
The investigation is ongoing. Brooks has another court date set for Sept. 6.
WASHINGTON — Danielle Marquita Baltimore, 40, of the District
of Columbia, was sentenced today to 180 days of incarceration for
financial exploitation of a vulnerable adult or elderly person, and 50
days for shoplifting. Each sentence will run concurrent to each other.
The announcement was made today by U.S. Attorney Matthew M. Graves, and
Daniel W. Lucas, Inspector General for the District of Columbia.
Baltimore pleaded guilty to the two charges on October 2,
2024, before the Honorable Robert Rigsby, in the Superior Court of the
District of Columbia.
According to the government’s
evidence, Baltimore worked as a direct support professional at
Innovative Day, LLC, a day program for adults with developmental
disabilities. Baltimore’s duties included taking individuals who require
assistance or supervision in a safe environment outside the home during
the day. Along with her guilty plea, Baltimore admitted that on or
about December 20, 2023, Baltimore took two vulnerable adults who suffer
from cognitive and developmental disabilities to Walmart, located at
310 Riggs Rd NE, Washington, DC. While at Walmart, Baltimore coerced the
two vulnerable adults under her care into shoplifting items on her
behalf. Baltimore placed items consisting of sneakers, clothing, and
various merchandise in bags and gave the bags to the victims. Baltimore
instructed the victims to exit Walmart without paying for the items.
After leaving Walmart, Baltimore retrieved all of the concealed items
from the victims. One victim stated they felt bad for shoplifting but
complied for fear Baltimore would harm them for refusing.
This prosecution is part of the Office’s wider efforts to combat
crimes against seniors and vulnerable adults. In 2018, the U.S.
Attorney’s Office for the District of Columbia launched an initiative to
address the abuse and exploitation of older adults. The Elder Abuse and
Financial Exploitation Initiative at the U.S. Attorney’s Office
expanded its response to criminal and civil violations targeting older
adults. The initiative has enabled the U.S. Attorney’s Office to develop
and coordinate further its prosecution of these cases and enhance its
overall support of older or vulnerable victims. The team consists of
experienced prosecutors and victim advocates from across the Office, to
include the Superior Court, Criminal, and Civil Divisions, as well as
the Victim Witness Assistance Unit.
The U.S.
Attorney’s Office’s Elder Abuse and Financial Exploitation Initiative
partners with the D.C. Office of the Inspector General’s Medicaid Fraud
Control Unit (MFCU), which is statutorily responsible for investigating
and prosecuting District Medicaid provider fraud as well as abuse or
neglect of residents in health care facilities and board and care
facilities and of District Medicaid beneficiaries in noninstitutional or
other settings.
This prosecution is indicative of the
continued collaboration between the U.S. Attorney’s Office and the D.C.
Office of the Inspector General to investigate and prosecute cases of
this kind. The government urges the public to provide tips and
assistance to stop health care fraud. If you have information about
individuals committing health care fraud, please call the D.C. Office of
the Inspector General at 202-724-TIPS [202-724-8477].
In announcing the sentence, U.S. Attorney Graves and Inspector General
Lucas acknowledged the work of those who investigated and prosecuted the
case from the Major Crimes Section of the U.S. Attorney’s Office for
the District of Columbia and the Office of Inspector General’s MFCU.
They also commended the efforts of Special Assistant United States
Attorney Emmanuela Charles, on detail from the MFCU, who prosecuted the
case, and MFCU Special Agents Eduardo Torre and Victor Richardson, who
investigated the matter.
Colleen Siverling and her ex-husband were
charged with aiding and abetting financial exploitation after writing
themselves checks totaling over $125,000. Siverling was sentenced on
Sept. 30.
By Olivia Estright
ROCHESTER — A Rochester woman was sentenced to pay nearly $80,000 in restitution after pleading guilty to
financially exploiting an elderly man,
according to a sentencing order filed on Tuesday.
Colleen
Marie Siverling, formerly Siverling-Keigher, 36, was charged with two
counts of aiding and abetting the financial exploitation of a vulnerable
adult with her now-ex-husband, Corey Jonathon Keigher, 35. The couple
was charged separately, and Siverling entered a guilty plea in February.
In exchange for her guilty plea, one count was dismissed. Siverling
was sentenced to five years of supervised probation and pay $79,718 in
restitution. Olmsted County District Judge Pamela King ordered her to
pay a monthly minimum payment of $50.
According to the criminal
complaint, the pair wrote themselves checks totaling $125,025.25 from
the bank account of a man over whom Siverling had a power of attorney
order.
The investigation into the couple began in January 2022
after the Olmsted County Sheriff's Office received a vulnerable adult
maltreatment report.
The couple told an investigator with OCSO
that they had been working to improve the man's home after he went into a
hospital in February 2019 for his fourth stroke.
The man, who is in his 80s, resides in a memory care facility in Olmsted County.
Siverling told the investigator that a lawyer told her to charge $25 an hour while serving as the man's power of attorney.
The
couple provided no invoices or proof of any home improvements but did
say they used the money to purchase new tires for their camper and
bought around $4,000 dollars of jewelry for Siverling.
A pretrial hearing is scheduled for Keigher in March 2025.
William
emphasizes the importance of staying active throughout life, stating,
"Beware of inactivity. I don't allow myself to become immobile." His
daily routine includes walking and lifting weights, showcasing that
regular exercise is integral to longevity. Research supports that even
20 minutes of walking daily can have significant health benefits and
contribute to a longer life.
Home-cooked
meals play a crucial role in William's diet. He believes, "Cooking at
home makes it easier to eat fewer unhealthy foods and still enjoy
nutritious options. I particularly love sardines; they are packed with
nutrients and contribute to my overall health." This underscores the
relevance of diet in promoting longevity.
