Elkhart woman sentenced in guardianship fraud case

by Jon Zimney

An Elkhart woman has been sentenced to prison after admitting to fraud involving a disabled adult under her care.

 

Debra Collins pleaded guilty to one count of fraud after authorities found she improperly spent Social Security benefits belonging to the victim. Prosecutors say Collins transferred thousands of dollars from the victim’s account and used the money for personal expenses, including purchases at retail stores and online shopping.

 

Collins was sentenced to four-and-a-half years, with one year suspended. She will serve 18 months in prison, followed by home detention and probation. 

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Elkhart woman sentenced in guardianship fraud case 

Horrifying details released in case against suspended Jefferson County Probate Judge Yashiba Blanchard

by  Apryl Marie Fogel

A scathing 120-page complaint outlines seven charges against Jefferson County Probate Judge Yashiba Blanchard.

"Judge Blanchard's conduct has degraded the public's confidence in the integrity of the judiciary and brought the judicial office into disrepute. Judge Blanchard's delay and lack of attention in handling her cases have harmed the litigants, protected persons, respondents, family members, attorneys, healthcare professionals, healthcare services, and others who have business before the Probate Court," the report explains.

The meticulously detailed complaint alleges that Blanchard's behavior made life miserable for court staff, created a "threat to public safety," kept individuals hospitalized longer than necessary and created a logjam of cases.

The charges against Blanchard include:

1. Pattern and practice of failing to diligently discharge judicial duties
2. Pattern and practice of failing to follow the law
3. Pattern and practice of exhibiting bias against attorneys appearing in Judge Blanchard's court
4. Failure to disqualify from a case in which Judge Blanchard served as an attorney
5. Harassment, intimidation, and retaliation against probate court staff
6. Allowing other court officials subject to Judge Blanchard's direction and control to engage in harassment and intimidation of probate court staff
7. Failure to maintain professional competence in judicial administration

The report repeatedly states that Blanchard was late to hearings on her schedule.

"Judge Blanchard told her staff on one occasion that she was late to her involuntary commitment docket because she had three dogs to walk," the complaint says.

Included in the report is one of three emails from hospital staff to the court regarding the consequences of the judge's delay of the case:

“With the cancellation and the rescheduling of her hearing to December 2, this patient will now remain hospitalized for an additional two weeks solely due to the lack of timely access to the hearing process. This not only prevents her from being home with her family for Thanksgiving, but it also generates unnecessary hospitalization costs and creates avoidable emotional distress for the patient and her loved ones.

Beyond this single case, the cancellation of the docket disrupts unit flow, delays care for other patients needing admission which can pose a threat to public safety and places our staff in untenable operational positions. It is difficult to reconcile today's action with our shared responsibility to ensure patients receive timely due process and appropriate, least-restrictive care.

The sequence of events today reflects a disregard for the rights of our patients, the time and safety of their families, and the operational efficiency of the hospital.”

Following repeated emails advocating for the patient, Blanchard set a new hearing on November 20 and released the patient.

In another case, an individual was held for 18 days before having a hearing. State law says:

“When any respondent sought to be committed has any limitation imposed upon his liberty or any temporary treatment imposed upon him by the probate judge pending final hearings on such petition, the probate judge, at the time such limitation or treatment is imposed, shall set a probable cause hearing within seven days of the date of such imposition.”

Among the human resources complaints are accusations that the court's chief clerk and several other employees who were transferred from the Birmingham Probate Court building in downtown Birmingham to the Bessemer location, at times with little to no work or duties commensurate with their skill and pay level, were subjected to acts of retaliation or for no reason at all.

While each of those moved has their stories shared in the report, one shows a level of indifference that would shock even the hardest hearts.

“Another clerk sent an email to Judge Blanchard and to the Place 2 Judge on August 28, 2025, asking if she could be moved back to the Birmingham Division because her sister was dying of cancer. The clerk liked to visit her sister in the evenings after work and assist with her daily needs, and the commute to Bessemer-which was 35-40 minutes longer through heavy traffic-made visiting her sister more difficult. The Place 2 Judge expressed to the employee in person that there was nothing she could do because Judge Blanchard was the·Presiding Judge of the Probate Court. Judge Blanchard never responded to the email at all. Shortly thereafter, the clerk's sister died. The clerk was unable to make it to the hospital in time to say goodbye because she was stuck in traffic driving to the hospital from Bessemer.”

The full report details how Blanchard's actions affected hundreds of conservatorship and guardianship cases, as well as a detailed account of bar complaint filings and other conduct that led to charges.

Complaint Against Jefferson County Probate Judge Yashiba Blanchard by aprylmarie.fogel

On Thursday, Blanchard was suspended from the bench, and retired Judge Sherri Friday was sworn in. 

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Horrifying details released in case against suspended Jefferson County Probate Judge Yashiba Blanchard 

See Also:
Suspended Jefferson County probate judge accused of election interference in new lawsuit

Jefferson County judge suspended, complaint says she called herself “ultimate authority”

Glamorous judge accused of bullying, intimidation and delaying cases so she could take her DOGS for a walk 

Two sisters arrested for allegedly killing mother, elder abuse of father in University City

by: Sharisse Cohee

SAN DIEGO (FOX 5/KUSI) — Two sisters were arrested Thursday for allegedly murdering their mother and for reported elder abuse of their father, according to the San Diego Police Department (SDPD).

The sisters, who are in their 50s, were reportedly caretakers of their elderly parents, who could not care for themselves.

The arrests stem from an incident on March 6, when crews responded to a 911 call on Genesee Avenue in University City, during which family members reported finding an 81-year-old woman, who was later identified as Kun-Ying Yang, unconscious and not breathing in her apartment.

First responders found Yang unresponsive on a pull-out couch, lying face-first in the gap between the couch and bed frame, according to SDPD. After removing her from the bed frame, she was pronounced dead.

Due to the suspicious circumstances of her death, police investigated the incident as a homicide.

Investigators interviewed multiple witnesses and worked closely with Adult Protective Services in the weeks following the incident. The San Diego County Medical Examiner’s Office determined Yang’s cause of death was positional asphyxia with contributing factors such as neglect, according to SDPD.

The manner of death was officially ruled a homicide.

During the investigation, evidence reportedly showed that the daughters, Ingrid Wu, 51, and Rebecca Wu, 53, were the caretakers for both their elderly parents. According to SDPD, the daughters allegedly endangered their parents’ health and failed to act as legally required, leading to the neglect of their 88-year-old father and the death of their mother.

The sisters were taken into custody Thursday and booked into the Las Colinas Women’s Detention Facility.

Anyone with information regarding the case is encouraged to contact SDPD’s Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477. 

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Two sisters arrested for allegedly killing mother, elder abuse of father in University City

Man charged with elder abuse, dumping mother's body in river

Reporter: Maddie Herron, Haley Zarcone 

A man is now in custody after authorities linked him to his mother's death. 

The Lee and Charlotte County sheriffs announced the arrest in a joint news conference. WINK News reporter Maddie Herron was there and spoke with neighbors in Twin Pine Villages, a North Fort Myers neighborhood where the man was arrested. Deputies confirmed to WINK News that the woman was identified as the mother of 47-year-old Joshua Cullen.

Body camera footage showed Joshua Cullen getting arrested outside his North Fort Myers home on Hitzing Avenue, where he was living with his mother he claimed to be caring for. Cullen reported her missing on Memorial Day, but detectives say she had been dead for weeks.

"What began as a missing person investigation soon revealed a web of lies," Lee County Sheriff Carmine Marceno said.

Lee County Sheriff Carmine Marceno stood next to Charlotte County Sheriff Bill Prummell as they announced Cullen's arrest was a major break in a weeks-long Jane Doe death investigation out of the Peace River in Charlotte County.

"These remains were wrapped in blankets rolled inside a rug and bound with tape," Marceno said.

Once deputies found the woman's body, they began searching for evidence near the Peace River.

"Some of the things they collected were a wheelbarrow, blue straps, and a ladder," Charlotte County Sheriff Bill Prummell said.

Some of the items appear on top of Cullen's car in surveillance photos. The pictures helped create a timeline and tie Cullen to the scene.

"That's not right. You don't do that to somebody, somebody's mother, somebody's daughter," North Fort Myers neighbor John Fenlon said.

Cullen is charged with neglect of an elderly person and abuse of a dead human body. This remains an active investigation.

The Lee County Sheriff's Office is investigating the case. WINK News is working to learn more about the victim and has reached out to the suspect's family.

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Man charged with elder abuse, dumping mother's body in river 

New safeguards approved for Illinois hospitals’ adult guardianship cases

By Emily Hoerner and Christy Gutowski

A bill aimed at strengthening protections for vulnerable adults under guardianship gained approval from Illinois lawmakers six months after a Tribune investigation revealed troubling consequences of area hospitals’ use of guardianship.

If signed into law by Gov. JB Pritzker, the legislation will create a number of additional oversight mechanisms for hospitals and other parties that request guardianship for an adult with whom they have no personal relationship, as well as for private professional guardians.

Guardianship is a life-altering and often permanent legal process that strips disabled adults of control over their life decisions. Under the new legislation, institutions that petition for guardianship and recommend a private guardian will be required to provide information to the court describing their “efforts to contact the (person’s) nearest relatives.” They would also need to notify the county public guardian of the case.

The bill also encourages private professional guardians to meet with the allegedly disabled adult prior to being appointed to the case or as soon as is feasible. An earlier version of the bill had required that such guardians attest in court that they had met with and assessed the adult prior to their appointment.

The Tribune’s investigation last year found that area hospitals filed guardianship petitions on behalf of patients hundreds of times during an 18-month period. The reporting revealed that the hospitals’ use of guardianship often eased the way to discharge patients to subpar nursing homes and sometimes stripped family members of the ability to make decisions for their loved ones. Tribune reporters spoke with several family members or close friends of patients who said they were taken by surprise when a hospital filed for guardianship, recommending that someone else make decisions for their loved one.

While most of the patients placed under guardianship had limited financial assets and were represented by the Office of the State Guardian, the Tribune found that patients with financial assets like a home or savings were often placed under the care of the same private guardianship organization. In several instances, the Tribune found, the private guardian and its lawyers billed the former hospital patients for thousands of dollars in fees on top of hefty nursing home costs, quickly draining lifelong savings.

Other guardrails in the bill include naming an individual on the guardianship petition instead of an organization, requiring certification of all staff working in guardian roles at private guardianship organizations, and periodic background checks of those employees.

Private guardians will also be required to notify the court at least 60 days prior that they are planning to refer the disabled adult under their care to the state or county guardian, and to estimate as part of the budgeting process how much longer the disabled adult can afford their fees and services before their estate is depleted. They also need to notify the court if the disabled adult’s home would be required to be sold to pay for continued services within the next 36 months.

Two prior bills that aimed to address the steep costs charged by private professional guardians and their lawyers in guardianship cases initiated by hospitals, nursing homes and similar institutions faced staunch opposition because they barred private guardians from being appointed. The recent bill still allows for the appointment of private guardianship organizations in those cases.

Although the final version of the bill includes several compromises from the original language, Cook County Public Guardian Charles Golbert, who along with AARP Illinois helped champion the bill, said it still represents real progress in safeguarding the rights of vulnerable adults.

Golbert, whose staff oversees the cases of more than 600 adults under guardianship, said face-to-face meetings are standard practice in his office prior to appointment and are crucial to properly assessing the person’s needs. He said more than 20% of all cases in his office involve people under a limited guardianship that allows the person some control over their life. In the Tribune’s 18-month review, only seven of the hospital-initiated guardianships, or roughly 2%, were limited in nature.

“I think all guardians should be seeing and evaluating their people before they’re appointed,” Golbert said. “I think that’s key to preventing unnecessary guardianships and from preventing a full guardianship when the person might only need a limited or a temporary guardianship.

“But the bill still does a lot. I still support it.”

State Sen. Michael Halpin, a Rockford Democrat and one of the bill’s sponsors, said in a news release citing the Tribune’s investigation: “This kind of abuse taking place in Illinois is unacceptable. When our most vulnerable are put in the care of a stranger we have to guarantee that individual’s safety and financial security.”

In an emailed statement, AARP Illinois State Director Philippe Largent said the AARP worked with Halpin and another sponsor, Rep. Marti Deuter, in collaboration with “aging, hospital, and guardianship advocates to pass a meaningful measure that helps protect older adults, caregivers, and all Illinoisans” who are involved in private guardianships.

“This bill reflects a strong commitment to improving lives, strengthening accountability, and ensuring greater protections for vulnerable individuals across our state,” Largent said.

A spokesperson for Pritzker’s office said in a written statement that state agencies were “heavily involved in negotiations” around the bill and its passage. The spokesperson did not confirm whether the governor intends to sign the bill into law, stating “the Governor will carefully review everything that comes across his desk.”

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New safeguards approved for Illinois hospitals’ adult guardianship cases 

Charles Lavine: The importance of good guardianship

By Charles Lavine

I’ve been hearing a consistent and concerning message from constituents, judges, hospital leaders and advocates across my district and throughout New York: Our state doesn’t have enough nonprofit guardians to meet the growing need.

Guardianship is meant to be a last resort — a carefully tailored legal intervention used only when necessary to protect those who cannot safely manage essential decisions about their health, finances or living arrangements. When it works as intended, it helps people stabilize their lives, access critical services and live safely in the least restrictive settings possible.

But too often, I’m hearing about what happens when no guardian is available.

Judges are struggling to identify qualified guardians for people who lack financial resources or family members able to serve. Hospital administrators and discharge planners tell me about patients who are medically ready to leave but remain stuck in beds because no one is legally authorized to arrange home care, apply for benefits or consent to placement. Families and service providers are left trying to navigate an already complex system without the authority they need to help.

This isn’t an abstract problem. It is a systems challenge with real consequences for health care capacity, court efficiency and the well-being of vulnerable New Yorkers. Across the state, patients who no longer require acute medical care are remaining in hospitals for months because a guardian cannot be identified. Nearly all of these people have limited financial resources, and many have no family able or willing to step in. Without a legally authorized decision-maker, even routine steps toward discharge become impossible.

I’ve heard directly from providers about the toll this takes. Extended hospital stays can lead to isolation, functional decline, infections and other preventable complications. Hospitals aren’t designed to serve as long-term residential placements, yet that is effectively what they become when no guardian is available.

The financial impact is also significant. A single hospital bed can cost more than $7,000 per day. When patients remain hospitalized solely due to the absence of a guardian, it strains our health care system and is an unnecessary costs for taxpayers.

We don’t have enough nonprofit guardians, and those we do have are unevenly distributed across the state. Existing providers are doing extraordinary work, often serving thousands of New Yorkers, but many programs are operating at or near capacity. In some regions, courts have few, if any, nonprofit guardians available to appoint.

To close the “guardianship gap,” I am sponsoring the Good Guardianship Act in the Assembly. This bill would establish a statewide initiative of nonprofit guardians that would allow us to build on existing expertise while expanding services to underserved areas. It would help courts make timely appointments, support consistent standards of care, and reduce unnecessary delays that ripple across systems. In addition, the legislation is structured to allow the state to support implementation through future budget appropriations and existing nonprofit guardianship infrastructure.

This approach also aligns with the goals of Gov. Kathy Hochul’s Master Plan for Aging, which calls for coordinated support that allows older adults and people with disabilities to live safely and with dignity in their communities.

Nonprofit guardians play an essential role in that continuum of care, coordinating medical treatment, securing stable housing and preventing financial exploitation. Their work often helps people avoid unnecessary institutionalization.

Let me be clear: Investing in nonprofit guardianship isn’t about expanding guardianship unnecessarily. It must always remain a last resort. But when it is needed, the system must be able to respond — responsibly, equitably and without delay.

This initiative would alleviate prolonged hospital stays, delayed transitions to community care and fragmented decision-making. It is also a matter of fairness. Access to a qualified guardian should not depend on where someone lives, what resources they have or whether a family member is available.

If we fail to act, these gaps will continue to place pressure on our courts, our health care system, and families already navigating difficult circumstances. If we act, we have an opportunity to strengthen accountability, improve efficiency, and ensure that vulnerable New Yorkers receive the support they need.

As the legislative session’s conclusion draws near, I urge my colleagues and the governor to support a statewide initiative of nonprofit guardians. When guardianship is necessary, it should work as intended — protecting rights, promoting independence and helping people move from crisis toward stability. This investment will help us get there.

Charles Lavine represents the 13th Assembly District.

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Charles Lavine: The importance of good guardianship  

Panama City man charged with exploiting elderly woman’s assets

by: Adele Henley

BAY COUNTY, Fla. (WMBB) – A Panama City man was arrested for allegedly exploiting an elderly person out of more than $50,000 worth of property.

On May 26, a report was filed with the Bay County Sheriff’s Office by the daughter of an elderly woman. The woman has dementia, and her daughter has been deemed her legal guardian and has full responsibility over her mother’s finances.

The report stated that the daughter was speaking with a realtor to sell some properties belonging to her mother when she discovered that one of her properties had been sold to a company called WAAC LLC on May 5. The properties had been sold for only $1, the affidavit reports.

The listed owner was 55-year-old Wayne Clarke. When the daughter asked her mother, she said that a male had come to her house and asked if he could use her lot to set up food trucks. 

Her mother agreed to allow the use of the property temporarily, but did not recall going to the clerk’s office to sell the property.

When the daughter went to the clerk’s office, the notary who had notarized the quit-claim deed said that they remembered her mother coming to the courthouse with two males and signing the paperwork, the affidavit says.

The daughter hired a lawyer and sent legal demand letters to two addresses allegedly belonging to Clarke, but had not received a response by May 26, when she went to the Bay County Sheriff’s Office.

On Wednesday, investigators interviewed the notary, who claimed that the only time they spoke with the woman was when she asked for her driver’s license before she signed the quit-claim deed.

The notary reported that one of the men had filled out all the paperwork, and the woman only signed the form. When the notary asked if there was a purchase amount, the woman said no, but the men allegedly stated $1.

Investigators proceeded to interview Clarke, who said he was introduced to the woman through her son.

Clarke said that the woman had asked him to come see her about the property because he wanted to clean it up for her, and she offered to turn the property over to him to help him out.

Clarke said that the woman had filled out all the paperwork and had come up with the purchase amount of $1 on her own, and that he did not take advantage of her.

The affidavit says that Clarke was charged with exploitation of a disabled adult over the amount of $50,000 and grand theft in the amount of $20,000 to $100,000. His first arraignment has been set for July 16. 

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Panama City man charged with exploiting elderly woman’s assets 

ABA, State Bars Urging Attorneys to Pivot From Guardianships

by Sam Skolnik

Several states are weighing an ABA-led push to encourage attorneys handling intellectually disabled and elderly clients to consider alternatives to legal guardianships.

The American Bar Association House of Delegates earlier this year revised its model rule of professional conduct dealing with how attorneys represent clients with limited decision-making skills, following years of behind-the-scenes work from advocates concerned that the legal profession has defaulted to guardianship—also known as conservatorship—as a first option.

Reformers say the changes to Rule 1.14—which outline guidance for lawyers representing clients with what the ABA used to call “diminished” mental capacity—may be vital to fixing the guardianship system. A 2023 Bloomberg Law investigative series surfaced several instances of abusive guardianships and a system buckling due to overworked attorneys and lax oversight.

Anthony Palmieri, a former president of the National Guardianship Association, said lawyers serve as a “pipeline” for an adult guardianship system that often allows bad actors to victimize highly vulnerable clients.

“It’s more aspirational than operational,” said Palmieri, deputy inspector general of the Palm Beach County, Fla., Clerk of the Circuit Court & Comptroller, of the ABA’s model rule revision. However, given the likelihood that states will adopt their own versions of the revised professional conduct rule, making the changes legally binding, it’s “potentially a huge step forward,” he said.

The initiative has built momentum among state bar associates since the ABA’s model rule changes in February. Michigan is already moving to incorporate the language into its ethics code and bar officials in Illinois, Virginia, Florida, Washington, Utah, and Washington D.C. are exploring making changes.

But there are some skeptics who doubt the likelihood that ethics rule changes could have a major practical impact.

“While I appreciate what the ABA is doing, there is no back-stop available when a predatory lawyer targets your family,” said Rick Black, executive director of the Center for Estate Administration Reform, a nonprofit pushing for more transparency in guardianship cases.

Given that the guardianship system is an entrenched process that’s “increasingly profitable” for lawyers, legal-advisory reforms may only have the effect of “putting a Band-Aid on a gunshot wound to the head,” he said.

Michigan Moves First

The State Bar of Michigan’s representative assembly unanimously supported adopting the ABA’s new language for Rule 1.14, which confirmed that clients who have surrogate decision-makers aiding them because of difficulties making or communicating decisions also have due process right of access to counsel. It is on track to be the second state to update its 1.14 guidance.

The key is providing lawyers with the guidance they need so they’re not encouraged to pursue guardianship, a “very drastic” approach to protective action in such cases, said Syracuse University College of Law professor Nina Kohn.

The proposed rule—which needs to be approved by the Supreme Court of Michigan—also stipulates that the state’s attorneys “must look to the client, and not to family members or other persons” to make decisions on the client’s behalf. Alternatives to guardianship can include healthcare surrogacy, durable powers of attorney, living wills, and community support.

Reform advocates in Michigan had been watching the ABA “very, very closely,” so that they could move as quickly as possible to adopt their own rule change as soon as the ABA acted, said Nicole Shannon of the Michigan Elder Justice Initiative.

Katie Stanley, a lawyer with Legal Services of Eastern Michigan who introduced the resolution, said she believes the rule change will spur a “strong, human impact by providing more clarity and dignity” to respondents in guardianship cases.

The District of Columbia Bar’s rules review committee recently referred the matter to a subcommittee for study and drafting, said Hope C. Todd, who oversees the legal ethics program at the D.C. Bar. It’s “likely” that the Supreme Court of Illinois, through several of its committees, is reviewing the ABA model rule revisions “for possible adoption,” said Charles J. Northrup, the Illinois State Bar Association’s general counsel, and the Virginia State Bar is accepting comments on the topic.

The Florida Bar also will be forwarding the revised model rule 1.14 to its relevant committees for consideration, and the issue is on the radar of the Washington and Utah bars, spokespeople in those states said.

Maryland’s Example

The ABA model rule was inspired by ethics changes Maryland put on the books in 2023, which guardianship law practitioners in the state say have helped their clients.

The rule lets the state’s lawyers know that guardianship “shouldn’t be their first pivot,” said Megan Rusciano, a managing attorney with Disability Rights Maryland.

It’s also helped inform the state’s bench and bar, by showing them “in the black and white letter of the law what my job is,” said Barrett King of King Hall LLC.

King estimates that guardianship cases make up about 75% of his workload, and a key part of his representation is to advocate for less restrictive alternatives to guardianship so it’s maintained as a “last resort.”

King noted the important role played by a 2000 state court decision which made it clear that the attorney’s role in representing such clients is to “explain the proceedings to his client and advise him of his rights, keep his confidences, advocate his position, and protect his interests,” especially when the client “faces significant and usually permanent loss of his basic rights and liberties.”

“Fundamentally, there’s just so much at stake,” said Rusciano.

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ABA, State Bars Urging Attorneys to Pivot From Guardianships 

Caregiver stole and pawned jewelry from elderly patients, Miami-Dade sheriff says

Denise Robinson, 58, of Homestead, is facing charges including exploitation of an elderly or disabled adult, dealing in stolen property, and false verification of ownership, Miami-Dade Sheriff's Office officials said Thursday.

By NBC6

A South Florida caregiver is facing charges after authorities said she stole and pawned jewelry worth over $50,000 that was owned by her elderly patients including one who's 95.

Denise Robinson, 58, of Homestead, is facing charges including exploitation of an elderly or disabled adult, dealing in stolen property, and false verification of ownership, Miami-Dade Sheriff's Office officials said Thursday.

Authorities said Robinson worked as a caregiver for elderly and vulnerable adults who require daily assistance with personal care and medication management.

An investigation found that Robinson was taking the victims' jewelry without their authorization and pawning it and keeping the proceeds, authorities said.

The jewelry stolen was valued at around $56,500, and authorities said they found documentation that linked Robinson to the sale of the jewelry at pawn shops.

The charges stem from three victims, ages 95, 83, and 81.

"The Miami-Dade Sheriff's Office remains committed to protecting elderly and vulnerable residents and holding accountable those who exploit positions of trust for personal gain," the sheriff's office said in a statement.

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Caregiver stole and pawned jewelry from elderly patients, Miami-Dade sheriff says