Legal Leaders Take Historic Step To Protect Americans Under Guardianship, Conservatorship

ByNina A. Kohn

In July 2021, in the midst of her prolonged public battle to end her father’s appointment as her conservator, popstar Britney Spears testified that she had just learned that she could ask for the conservatorship to be ended: “I’m sorry for my ignorance,” she told the judge in her case, “but I honestly didn’t know that.” Spears’ apology suggested that the attorney who had been hired to represent her had not actually informed her of a key option.

This month, the American Bar Association (ABA) took an historic step to prevent such problems. It revised its ethics rules for attorneys to make it clear that they must advocate for their clients’ wishes even when their clients are—as Ms. Spears was—under guardianship or conservatorship.

Spears’ situation reflects a national problem

Best estimates suggest 1.3 million American adults are under guardianship or conservatorship, arrangements where a court appointee is granted power to make decisions for an individual who is at risk because the individual cannot make informed decisions. Americans under guardianship or conservatorship lose the right to make any decision the appointee (called a “guardian” or “conservator”) is given authority to make. That can include not only the right to manage finances, but also highly personal decisions like whether to get healthcare treatment, where to live, with whom to socialize, or even what to eat and whether to go to church.

Given the freedoms at stake, it is important that individuals facing a possible guardianship or conservatorship can have an attorney to defend them against it. Likewise, it is important for individuals for whom a guardian or conservator has been appointed to be able to access a lawyer to help them end or modify the arrangement if they object to it.

Yet as Spears’ testimony suggested, lawyers representing people subject to guardianship or conservatorship do not always act as their clients’ advocates. Under the Model Rules of Professional Conduct, ethics rules for lawyers created by the ABA, lawyers have long been required to advocate for their clients’ objectives, consult with their clients about how to accomplish those objectives, and provide their clients with the information needed to make informed decisions related to the representation.

As a report issued in December by ABA ethics experts explained, individuals who want to challenge their guardianship or conservatorship “have a due process right to counsel to advocate for their objectives.” But, the report continued, “some lawyers—and even some judges—fail to appreciate this right.” The result: “Individuals in these adversarial proceedings may find that their lawyer is urging actions that are inconsistent with their wishes.”

Consider the case of Robert Fagan, a 71-year-old veteran from Iowa. Over his objections, an Iowa District Court appointed a permanent guardian and conservator for Fagan, granting the appointee the right to make virtually every decision for Fagan. The lawyer who was hired to represent him not only did not object to the arrangement; she recommended the court impose the very arrangement to which Fagan objected. Ultimately, the Court of Appeals undid the appointment, finding that Fagan had been denied representation and observing that “‘[t]he right to representation by counsel … is of the essence of justice.’”

New legal ethics rule

Ethics rules adopted by the ABA this February aim to fix this problem. The newly revised rules address how lawyers should act when representing people with decision-making limitations, including people for whom a guardian or conservator has been appointed. The rules clearly state that lawyers may ethically represent individuals subject to guardianship or conservatorship who wish to challenge or modify that arrangement. And they require attorneys who do so to take direction from the client and to advocate for the client’s objectives—even if that is not what the attorney thinks best. While lawyers are free to express their concerns to their clients, they may not advocate for an outcome that the client does not want.

The new approach (which the author worked with the ABA in developing) represents a major step forward in protecting the rights of individuals with disabilities and those perceived as having limited decision-making abilities. Had it been in effect at the time Ms. Spears’ conservatorship case was active in the California court system, it would have been clear that her attorney was ethically required to advocate for her wishes—including those to end the conservatorship or remove her father as her conservator—even if he thought it was not in her best interest. 

State court leaders must act to adopt new ethics rule

For the newly revised ethics rules to be effective, they will need to be formally adopted by state court systems. Early signs are promising. Maryland has already moved forward with similar reforms, and other states are showing interest in adopting the new rule.

State adoption will also help spur needed training for lawyers. As the new rule goes into effect, states, law schools, the ABA, and other legal organizations will have a natural opportunity to teach lawyers about their obligations to vulnerable clients, including those subject to guardianship or conservatorship.

Ethics rule is a critical step in expanding access to justice for people with disabilities

The ABA’s newly revised ethics rules won’t fix every problem with guardianship and conservatorship systems (law reform is also needed). But they address a fundamental one: lack of access to legal advocacy. That won’t only help high-profile celebrities or even the more than one million Americans currently under guardianship or conservatorship. It will also help affirm the basic principle of justice that we all—regardless of disability or perceived capacity—have a right to have a lawyer that defends our rights. 

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Legal Leaders Take Historic Step To Protect Americans Under Guardianship, Conservatorship

See Also:
Britney Spears 

‘I was intimidated’: Woman wishes she challenged brother’s control over mother’s finances more

By Jason Stoogenke

CHARLOTTE — Justine Tobin is an investment banker. She has an eye for detail, especially when it comes to dollars and cents. But she says she was still caught off guard.

“This could happen to anyone so I should speak up about what happened to me,” she said. So she sat down with Action 9 attorney Jason Stoogenke to share her story, hoping others learn from her experience.

She told Stoogenke her mother decided years ago, if she ever needed someone to have power of attorney (POA) over her interests, it would be Tobin’s brother.

She says the time came. So, a few years ago, her brother took control of their mother’s finances. Then, Tobin suspected he was abusing that power.

“So I actually did raise a concern to my mother’s broker,” she said. “And this man told me that it was not my problem. I didn’t have power of attorney and no standing.”

Tobin says her brother took his own life in May last year and that she has been administrator of his estate. “And, in that process, I realize that my brother did use all of my mother‘s money,” she said.

Now, looking back, she wishes she had done more to challenge her brother’s role as POA. “What I should have done is contacted more people. I didn’t because I was intimidated. I was already reporting my brother for something that everyone else in my family felt could not be true,” she said. “Hope is hopeless in these situations. Don’t hope and take action.”

She says she should have gone above the broker’s head to any of the following:

• The broker’s company’s compliance officer

• AARP

• Consumer Financial Protection Bureau (CFPB)

• Financial Industry Regulatory Authority (FINRA)

• N.C. Attorney General‘s office

• Securities and Exchange Commission (SEC)

As fate would have it, last month, FINRA issued this request, asking people to suggest ways to better protect seniors from financial exploitation. Tobin couldn’t believe her eyes and jumped at the chance to weigh in.

Stoogenke and Tobin suggest the following when it comes to POA:

1. If you are the one selecting someone to have POA over your interests, choose someone based on their character and judgment, not age, gender, pressure.

2. If you are concerned someone is abusing their power:

• Act quickly. Don’t assume it will resolve itself.
• Don’t put all your eggs in one basket. Contact multiple watchdogs.
• Don’t feel bad if you don’t have a ‘full’ case, all the proof yet. Trust your instincts.

Stoogenke says, if you’re afraid a relative is picking the wrong person to have power of attorney, talk to them, present your concerns logically. But remember: in the end, it’s their decision. 

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‘I was intimidated’: Woman wishes she challenged brother’s control over mother’s finances more

Ohio AG announces new partnerships to combat elder abuse, financial exploitation

by The Guardian

COLUMBUS, Ohio — Ohio Attorney General Dave Yost on Monday announced two new partnerships aimed at increasing awareness of elder abuse and stopping financial exploitation before it harms older residents.

The Ohio Bankers League and the Ohio Health Care Association are joining the Attorney General’s Office as part of a statewide campaign to educate Ohioans about warning signs of elder abuse and how to prevent it. The effort builds on a partnership announced last fall with the Ohio Pharmacists Association.

“Elder abuse doesn’t always leave bruises,” Yost said. “Sometimes it looks like unusual withdrawals or a sudden change in financial behavior. Our financial institutions are a first line of defense.”

Under the new partnerships, the organizations will participate in training to identify signs and symptoms of elder abuse and financial exploitation. The groups will also distribute educational materials and use their websites and member networks to expand outreach and encourage reporting.

“When you’re dealing with an epidemic, you need a big army,” Yost said at a press conference with representatives of the trade associations. “These partnerships are critical.”

As scams targeting older adults grow more sophisticated, financial institutions are often positioned to spot potential red flags, including suspicious withdrawals, unusual check-writing patterns and sudden wire transfers. Through coordination with law enforcement and improved reporting, banks can help prevent financial losses.

“On behalf of the Ohio Bankers League and Ohio’s community banks, I want to thank Attorney General Yost and his team for inviting us to be a partner in this critically important effort to combat elder financial fraud,” said Mike Adelman, president and CEO of the Ohio Bankers League, which represents more than 170 FDIC-insured financial institutions. “This partnership matters, and it sends a powerful message to Ohioans that government and local banks are standing together to protect our most vulnerable neighbors.”

Health-care providers, including assisted-living communities, home care and hospice providers, and skilled nursing facilities, also may be in a position to identify signs of physical, emotional or sexual abuse.

“For every Ohio Health Care Association member, the safety, well-being and compassionate care of residents, especially in their most vulnerable moments, are our highest priorities,” said Scott Wiley, CEO of the Ohio Health Care Association, which represents more than 1,300 providers statewide. “Every Ohioan entrusted to our care deserves to feel safe, respected, seen and valued.”

According to the Attorney General’s Office, reported elder abuse in Ohio has increased 400% over the past seven years. Estimates indicate that one in 10 Ohioans age 60 or older experience abuse, though only one in five cases is reported.

Sara Kilpatrick, executive director and CEO of the Ohio Pharmacists Association, said her organization is working with the Attorney General’s Office to distribute educational materials, including information printed on prescription bags and window-ledge cards for pharmacies.

“Too many older Ohioans suffer in silence,” she said. “Pharmacists are in a unique position to help protect and support these vulnerable neighbors.”

Since October, the Attorney General’s Office has expanded its awareness campaign urging Ohioans to learn the warning signs of elder abuse and financial exploitation and report suspected cases. A central component is a video titled What’s Done in the Dark, shared by the office’s Elder Justice Unit and partner agencies.

The state’s Elder Abuse Commission recently released its biennial report outlining prevention efforts, training initiatives and coordination among agencies focused on protecting older adults.

Officials encourage Ohioans who suspect elder abuse, neglect or financial exploitation to contact local law enforcement or their county Adult Protective Services office. 

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Ohio AG announces new partnerships to combat elder abuse, financial exploitation 

FOX 13 Investigates: Utah's Adult Protective Services is substantiating few cases of elder abuse

By: Taylor Stevens

SALT LAKE CITY — Utah’s Adult Protective Services agency is substantiating an average of just 5% of all allegations of abuse, neglect and exploitation it investigates each year — a far smaller percentage than the national average, data shows.

Advocates say that number is likely not an accurate representation of the true scope of elder abuse. Instead, they worry it reflects the impacts of understaffing and high caseloads on the quality of the agency’s investigations.

“I think we’re clearly missing something,” said Nate Crippes, an attorney with the Disability Law Center. “If we’re not investigating, we’re not looking at serious allegations, some really bad things can happen. And some people can really be put in some really difficult and horrific situations.”

Nationally, Adult Protective Services (APS) agencies uphold an average of about 29% of the cases they investigate, according to a 2021 report prepared for the U.S. Department of Health and Human Services that covered 36 states. That’s nearly six times the average percentage of cases substantiated here.

Utah's numbers “raise red flags to me, extremely,” said Sam Brooks, the director of public policy at the National Consumer Voice for Quality Long-Term Care, which advocates for better conditions in nursing homes across the country.

“That substantiation rate is not going to be reflective of actual abuse,” he argued in an interview. “It's going to be reflective of challenges, often that APS programs face due to lack of funding.”

In Utah, the vast majority of cases APS investigates — nearly 80% on average — were deemed “inconclusive” or “undetermined” from 2019 to 2025, according to disposition data the Utah Department of Health and Human Services provided to FOX 13 News through a public records request. About 15% of cases were deemed to have no merit each year during that same timeframe.

Crippes said the Disability Law Center is aware of APS investigations that he believes exemplify why so many of its cases are neither confirmed nor denied.

“They go into a place, they hear from, say, a resident of a facility that says, ‘This is what happened.’ And then they talk to the staff and say, ‘No, this is what happened,’” he said. “And then it’s like, ‘Well, we can’t substantiate.’”

“And I don’t think that is a thorough investigation,” he added.

The Disability Law Center, which has been designated by Utah’s governor as a watchdog for those with disabilities, often conducts investigations that coincide with APS inquiries.

But in a 2023 letter to the U.S. Department of Health and Human Services, the nonprofit noted that it is “often” able to substantiate claims the state’s APS investigators “have found inconclusive or without merit.”

Referencing a particular incident at an intermediate care facility for people with disabilities, the center said it was able “to support numerous claims of abuse and/or neglect” that APS and the Office of Licensing were not able to substantiate.

Nels Holmgren, the director of the Utah Division of Aging and Adult Services, pushed back on criticisms of the agency's investigations. He noted that investigators work hard to get to the truth of an allegation, including partnering with law enforcement and the state Office of Licensing, when necessary.

“It certainly should never be a case of somebody saying, ‘This happened’ and another person saying, ‘It didn’t happen,’ and then we say, ‘Oh well,’” he said in an interview. “There’s more to it than that.”

Holmgren added that he isn’t concerned about low substantiation rates in Utah compared to nationally, pointing to differences in laws around elder abuse investigations that can make it difficult to draw comparisons between states.

In Utah, he acknowledged that the bar for investigating and substantiating cases “is high,” and that investigators are subject to a “fairly narrow set of statutes” — so “there are probably things that other states may consider a substantiated case that we don’t.”

“I think policymakers in the state are very cautious about getting too involved in the lives of adults,” he added. “They’re very conscious of that and want to make sure that people have protections and at the same time that we’re respecting people’s independence and autonomy.”

Cases where the Disability Law Center has been able to confirm a complaint APS deemed inconclusive could also be due to differences in investigative standards between the government agency and the nonprofit, he added.

Challenges substantiating

Utah’s Adult Protective Services agency investigates about 5,500 complaints each year of abuse, neglect and exploitation involving adults 65 and older or those 18 and older with a physical or mental impairment that puts them at risk.

Data shows allegations of financial exploitation were the most common in fiscal year 2025, making up about 26% of all complaints to the agency. Caretaker neglect, emotional abuse and self-neglect (“where people just may not be taking care of themselves,” Holmgren said) were also common complaints.

Then there are the allegations Holmgren describes as “rare but horrifying,” like physical and sexual abuse. About 13% of all complaints made in fiscal year 2025 alleged physical injury or harm, while 3% alleged sexual abuse.

Holmgren said these “awful cases that are relatively rare tend to get pretty good action,” noting that police are often involved.

“We have a good partnership with law enforcement across the state,” he added, “and they certainly similarly have a role and a desire to resolve these cases and make sure that our older people are safe.”

But he acknowledged that APS investigators do face some barriers when attempting to substantiate cases.

Some victims are hesitant to move forward because the other party is a family member. Others may lack cognitive capacity to work with investigators. And unlike in child abuse investigations, alleged perpetrators in Adult Protective Services cases aren’t legally required to participate.

“It can be really difficult if that person is not cooperative,” Holmgren said.

High turnover and heavy caseloads can also pose challenges for investigators.

Records from the Utah Department of Health and Human Services show that in the first half of last year, APS investigators in some positions handled more than 40 cases a month on average — almost triple the “ideal caseload” of 12 to 15 per month, according to a 2023 budget presentation.

“We’re certainly aware of that issue and are working with executive and legislative branch partners to make inroads on that,” Holmgren said.

To try to stem turnover and improve caseloads, the 2023 budget presentation said the office had developed a retention bonus program for employees who stay longer than a year and been evaluating candidates based on experience, even if they don’t have the required social work degree.

The Disability Law Center has also advocated for a capped caseload for Utah’s APS investigators, arguing that the state is “unlikely to fund additional staff to meet the need without a requirement to have a fixed ratio.”

Utah Gov. Spencer Cox recommended in 2024 that additional dollars be set aside to hire new caseworkers, in an effort to “help reduce caseloads.” But online budget information shows the Legislature didn’t approve the extra funds.

“There were many requests that were not funded,” Holmgren noted, adding that it’s “certainly something that we continue to work at and advocate for.”

In the meantime, he said the agency is “squeezing as much benefit out of the existing budget as we can.”

Crippes said he hopes lawmakers will take a closer look at APS staffing, training and investigative standards during this year’s ongoing legislative session. Without stronger processes in place, he argues, the state may never uncover serious abuse.

“Ultimately, if something horrific is happening, this may be the only way we’re ever going to find out,” he said.

Editor’s note: Utah law requires anyone who believes a vulnerable adult is being abused, neglected or exploited to immediately notify APS or law enforcement by filing a complaint on APS’s website or by calling 1-800-371-7897. 

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FOX 13 Investigates: Utah's Adult Protective Services is substantiating few cases of elder abuse

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers. 

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome. 

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Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative  

Seniors Targeted by Scams and Frauds, Warns Daughter

Daughter shares firsthand account of protecting her elderly mother from predatory schemes 

A daughter shares her personal experience of protecting her 84-year-old mother from a variety of scams and frauds, including an accountant who stole $25,000, a relative who forged her mother's signature, and home health aides who inflated their hours. The article highlights the growing problem of elder financial abuse and the challenges families face in safeguarding their loved ones.

Why it matters

As the population of seniors continues to grow, they are increasingly becoming targets for financial exploitation by scammers, fraudsters, and even trusted family members. This story sheds light on the pervasiveness of these predatory schemes and the emotional toll it takes on families trying to protect their elderly loved ones.

The details

The author's 84-year-old mother fell victim to numerous scams, including an accountant who stole $25,000 by having her sign a blank check, a relative who forged her signature to take over her car, and home health aides who inflated their hours. The author also dealt with phone scammers, people trying to get her mother to sign over valuable farm equipment, and a lawyer who conspired with a relative to take advantage of her mother's declining mental state.

• In summer 2021, the author discovered his mother's unpaid taxes.
• Within a year, the accountant had taken $25,000 from the author's mother.
• In the six years since the author took over his mother's finances, he has dealt with dozens of scams targeting the elderly.

The players

The author's mother

An 84-year-old woman who became the target of numerous financial scams and frauds due to her increasing forgetfulness and trusting nature.

The accountant

A financial professional who worked at a reputable firm in Manhattan but took advantage of the author's mother by stealing $25,000 from her.

The relative

A family member who forged the author's mother's signature to take over her car.

The lawyer

An attorney who conspired with a relative to try to gain access to the author's mother's bank accounts and get her to sign over valuable farm equipment.

Heidi W. Isenhart

A Florida attorney who specializes in cyber-scamming of the elderly.

What they’re saying

“It's absolutely through the roof. They're called numerous times, they're harassed; they give a little money and then the people come back. They'll even say, 'We'll send a car for you to take you to the bank.'”

— Heidi W. Isenhart, Florida attorney specializing in cyber-scamming of the elderly

“If we were to take all the cases of financial exploitation we know and try to summarize them in a single word, that word is loneliness. Perhaps the money or property taken from them through deceit or malice nevertheless provides them, despite their vulnerability, with a sense of power, control, and love.”

— Liora Bar-Tur, Psychologist and gerontologist

What’s next

The judge in the case will decide on Tuesday whether or not to allow the relative who forged the author's mother's signature to be released on bail.

The takeaway

This story highlights the growing epidemic of financial exploitation targeting seniors, perpetrated by both strangers and trusted loved ones. It underscores the importance of families getting involved in their elderly relatives' finances early to protect them from predatory schemes, and the need for stronger laws and enforcement to combat this widespread issue.

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Seniors Targeted by Scams and Frauds, Warns Daughter 

MPD warning after elderly couple nearly defrauded of $75K

by: Melissa Moon

MEMPHIS, Tenn. — Police say a Horn Lake, Mississippi, woman who claimed to be a financial advisor tried to defraud an elderly couple out of $75,000.

Investigators said Angela Hasan used a counterfeit document awarding her conservatorship over the 87-year-old victim and her husband to wire $25,000 to her own bank account.

A Pinnacle bank manager said Hassan also tried to cash a $75,000 cashier’s check from the victim’s account.

Angela Hasan, 45, was charged with theft of $60,000 -$250,000, financial exploitation of an elderly or vulnerable adult, and impersonating a licensed professional.

According to police, the victim’s daughter met Hasan at a business pop-up, and Hasan told her she was a lawyer and financial advisor.

The victim said Hasan was supposed to be helping the couple with estate planning, but instead tricked them into signing conservative documents.

Hasan told detectives she was a financial advisor and a lawyer in Georgia and claimed she wired the $25,000 to her business account from the victim’s account to put into money market accounts for the couple.

MPD said the arrest serves as an important reminder to remain cautious when someone offers financial planning or assistance—especially when large sums of money or valuable assets are involved.

Police said to protect yourself and your loved ones:

•    Verify their identity and professional credentials

•    Confirm they operate a legitimate, registered business

•    Ensure they have a verifiable office or established business location

•    Consult a trusted family member, attorney, or financial institution before making major financial decisions

•    Be wary of individuals who pressure you to act quickly or discourage outside consultation

Hasan was released on a $15,000 bond and is scheduled to appear in court on Friday.

If you suspect fraudulent activity or financial exploitation, contact the MPD Economic Crimes Bureau at 901-636-3350. 

Full Article & Source:
MPD warning after elderly couple nearly defrauded of $75K 

Virginia lawmaker pushing for nursing home minimum staffing standard, ownership disclosure requirements

By: Tyler Layne

RICHMOND, Va. — A state legislator is attempting to create some new laws to address concerns surrounding transparency and staffing in Virginia nursing homes, as the commonwealth's facilities rank among the bottom in the country for average staffing levels, according to federal data.

Del. Rodney Willett, a democrat representing parts of Henrico County, has brought forth two bills in an effort to "maintain the highest quality that we can" in nursing facilities. It's an issue CBS 6 has extensively covered over the past year and a half, as families have complained about care and conditions in record numbers.

“The theme here is trying to take care of our loved ones," Del. Willett said. “The stories are incredibly troubling, and I think we shouldn’t need stories like that to take more action, but unfortunately what we learned is we did not have adequate oversight.”

Minimum staffing standard

One bill would establish a minimum staffing standard in nursing homes.

The General Assembly previously passed one in 2023, which Governor Youngkin signed into law and was supposed to take effect July 2025, but it has never actually taken effect. That's because the 2023 law included a provision that would repeal the state staffing standard if the federal government enacted its own staffing standard. The federal government did later adopt a more stringent staffing standard, but it was eventually overturned. The legal and regulatory challenges ultimately left the state without its own staffing standard.

“Bottom line is we need to have a staffing ratio in Virginia. We have been behind on that for years," Willett said.

Willett's bill, as is, would require nursing homes to provide at least 3.25 hours, adjusted based on the needs of the residents, of nurse staffing per resident per day. That's higher than the 3.08 hours initially adopted in the 2023 legislation.

“Why did you want to change the number?” reporter Tyler Layne asked.

“Well, that number I will tell you, that’s [to be determined]. We are going to have a number, and as the finer point on that, stay tuned. We will have that. But the most important thing is that we will have a staffing ratio," Willett responded.

“So it may not land on 3.25?” Layne asked.

“We will see. It could, but we will see," Willett said.

When asked what number Willett would prefer, he said he would "defer to the greater experts."

According to data from the Centers for Medicare and Medicaid Services (CMS), which regulates nursing homes at the federal level, Viginia facilities provide an average of 3 hours and 47 minutes of total nurse staff hours per resident per day. That's below the national average of 3 hours and 54 minutes.

Virginia has a statewide CMS staffing rating average of 2.5-out-of-5 stars, as of December 2025. Only seven other states in the country have a lower staffing rating. CMS calculates the ratings using facilities' reported staffing levels and staff turnover rates. Higher staffing levels and lower staff turnover "may mean higher quality of care for residents," according to CMS.

AARP Virginia, which advocates for seniors, supports Willett's bill.

"For decades, too many nursing home residents have suffered due to chronic understaffing. Yet despite repeated efforts by advocates, Virginia remains one of a small number of states without minimum staffing standards in place," said Jim Dau, AARP Virginia State Director. "This legislation will better ensure that nursing homes can provide timely and much-needed care to some of our most vulnerable Virginians."

However, the Virginia Health Care Association (VHCA), which represents the industry, refrained from saying it supported the bill. Instead, spokesperson Amy Hewett said VHCA "strongly supported" the lower 3.08 staffing standard passed in 2023, which she noted is still going through the regulatory process.

"The Youngkin administration has a regulatory package in process that has yet to be finalized that would make Virginia’s staffing standard effective upon completion of the regulations. Additionally, the legislation passed in 2023 required that the costs of that standard be funded in the Medicaid base rate. To date, the Commonwealth has not appropriated funds for the additional direct care staff costs at the level needed to meet the staffing standard through the Medicaid payment rate," Hewett said. "We know that a strong, stable nursing workforce is critical to high quality resident care in nursing homes. It is imperative that nursing homes have the resources they need to appropriately staff facilities and provide their residents with the high-quality care they deserve."

When asked whether Willett was expecting industry pushback to the proposed staffing minimum, he said, “We’re in discussions on that.”

Ownership disclosure requirements

Willett's other bill would require nursing home owners to disclose to the state much more information about who they actually are and their history of running other facilities.

The move comes months after Governor Youngkin's health commissioner, Dr. Karen Shelton, told lawmakers the department of health collected inadequate ownership and performance insights during the licensure process.

“We’ve also noted that there's been a noticeable increase in the number and changes of ownership in nursing homes over the past few years. Unfortunately, we have relatively little information on these," Shelton said during a July 2025 presentation to lawmakers.

“When she gave you that testimony, did that concern you and prompt you into action?” Layne asked.

“Absolutely, I mean, you could say this is about accountability, and that certainly can be the case, but we should just know who we're dealing with, and especially with a vulnerable population like this," Willett said.

Anytime a facility changes hands, the bill would require the new operator to disclose all direct and indirect owners, the owner of the building, the owner of the operating entity, and related parties that will provide services to the nursing home.

Further, the owners would have to disclose a record of certain financial, regulatory, licensing, and/or criminal trouble for nursing homes they operated or owned within the past five years. The owners would also be required to disclose whether the nursing homes they ran appeared on the federal government's list of the nation's worst-performing facilities.

According to the bill, the health commissioner would be directed to deny a change of ownership application if the owners' previous nursing facilities closed due to licensing or certification action, had bankruptcy or receivership proceedings that weren't dismissed within 60 days, or had its license suspended, denied, or revoked.

Hewett said the VHCA supports this bill and helped develop it.

“This is another one where the nursing homes themselves have said, 'We don't want bad actors here either.' And I think there's this uniform agreement that, yes, in the exceptional time where there [is] someone who really should not be operating these facilities, we need to know that, and this will make that clear. And then we've given the commissioner now the authority to do something about that," Willett said. 

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Virginia lawmaker pushing for nursing home minimum staffing standard, ownership disclosure requirements 

Feds: Stealing from dead gave judge a luxe life in auto exec's home

by Robert Snell

 

Suspended 36th District Judge Andrea Bradley-Baskin helped loot dead people's bank accounts during a conspiracy involving more than $2.9 million, helped her husband acquire a dead person's home and lived a life of luxury in an automotive executive's luxury townhouse after years of financial problems, federal court records show.

A fuller picture of the scale and scope of an alleged conspiracy to steal money from incapacitated people in Wayne County's probate court system emerges from a review of state and federal court records two weeks after Bradley-Baskin was indicted alongside her father, attorney Avery Bradley, and two others.

A review of court records also helps to identify victims who are referred to by initials in the indictment and shows how Bradley-Baskin and others are accused of targeting the elderly and the ill, the isolated, the wealthy and the dead. Many of the 18 victims identified in the indictment had fat bank accounts, homes that were liquidated and flipped for profit, while others were charged rent at group homes where they never lived, which are owned by a member of the alleged conspiracy.

"Everyone is out for greed. It's just apropos for what goes on in this day," St. Clair County resident Bruce Affelt told The Detroit News after learning his late cousin, retired Ford Motor Co. engineer William Kamin, was one of the alleged victims. "It's wrong, and I think people should be held accountable."

There have been immediate repercussions. Last month's indictment led to Bradley-Baskin being booted off the bench and suspended with pay from her $186,164-a-year job. The case also threatens to strip Bradley-Baskin of her law license and send her to federal prison for 45 years if convicted of conspiracy to commit wire fraud, two counts of money laundering and lying to the Federal Bureau of Investigation.

Bradley-Baskin, 46, did not respond to messages seeking comment.

The alleged conspiracy spanned from January 2017 to July 2024, a timespan that predates Bradley-Baskin's tenure as a judge. The case portrays her as conspiring with others to enrich herself by embezzling money and using false pretenses to keep money and property belonging to multiple incapacitated wards of the probate system.

The victims of the alleged conspiracy were easy targets, suffering from dementia, old age and health problems with no support system.

Lawyer worth $5M targeted

Kamin, 92, is one of the wealthiest victims in the case. The retired bachelor, who died in 2021, had no spouse, children or immediate family, but was worth millions of dollars.

Kamin, like all victims in the case, is referred to in the indictment by initials, “W.K.” But dates and dollar amounts in the indictment match details from Kamin’s file in the Wayne County Probate Court, including May 25, 2022, the date Avery Bradley was appointed to represent the estate. 

Kamin died in January 2021 and spent his whole life in his childhood home, a brick bungalow 20 blocks west of his alma mater, the University of Detroit Mercy. When he died, he had more than $5 million in assets, mostly investments and life insurance proceeds, court records show.

Avery Bradley, a veteran lawyer in the probate court system, is accused of stealing more than $161,000 of the dead man's money.

Bradley was appointed by the Wayne County Probate Court to gather Kamin’s assets, pay bills and disburse money to his heirs as prescribed in Kamin’s will.

In December 2022, Bradley cut checks to more than 30 of Kamin's heirs. The payouts ranged from $8,079 to $49,549 and, in all, the heirs split $743,000 — a detail from Kamin's probate court file that matches the federal indictment.

Those heirs included Affelt, 75, a distant cousin.

“He was kind of a loner,” Affelt told The News about Kamin. “I never got to know him or meet him.”

Kamin's alma mater was supposed to receive a much larger piece of Kamin’s estate. For starters, Bradley cut a $17,437 check to the university in June 2023.

“Bradley never dispersed the funds for the benefit of the estate of W.K.,” the indictment reads.

Instead, Bradley deposited the money in his law firm’s account at Comerica Bank, prosecutors allege.

That same month, Bradley transferred $60,000 from Kamin's estate to his law firm's bank account, according to the government.

"Bradley never dispersed any of these funds for the benefit of the estate of W.K.," the indictment reads.

The same day, Bradley transferred $261,072 from Kamin's estate to the attorney's law firm, according to the government.

Bradley sent $185,964 to Detroit Mercy, consistent with Kamin's will. But the attorney never dispersed the rest of the money, more than $75,100, the indictment alleged.

Bradley, 72, is charged with conspiracy to commit wire fraud, wire fraud and three counts of money laundering. If convicted, he faces more than 20 years in prison. Bradley did not respond to messages seeking comment.

Feds: Bradley directs widow's cash to daughter

The federal investigation into the finances and treatment of Kamin and others in the probate court system surfaced in July when The News obtained sealed FBI documents and search warrant records. The records showed FBI agents had raided multiple locations in Metro Detroit and seized more than $580,000 while targeting the judge, her father and others.

In September, an investigation by The News revealed Bradley-Baskin teamed with two criminals to help buy and sell homes belonging to vulnerable people in the probate court system for far less than the properties' market value.

In several instances, those homes were sold to the boyfriend of a probate court guardian after Bradley-Baskin proposed the sale or drafted the deeds. That includes a Dearborn Heights ranch that was flipped in less than a month for a 72% profit.

The News reporting from five months ago and details about alleged victims, including the late Ethel Ciotti and her son, Curtis Ciotti of Lincoln Park, are mirrored in last month's indictment.

Ethel Ciotti was a 92-year-old widow who worked at an insurance company, at a Lincoln Park bowling alley and as a greeter at Meijer before dying in 2018. Ciotti, who is referred to in the indictment as "E.C.," left behind an estate worth more than $493,000, including almost $385,000 in the bank and a bungalow. 

A judge appointed the firm Guardian and Associates to serve as the elderly woman's guardian in early 2017. The firm is headed by Nancy Williams, a probate court veteran and criminal convicted of trying to influence the 2020 general election.

Williams and her boyfriend, group home owner Dwight Rashad, are charged alongside Bradley-Baskin and Avery Bradley.

During the conspiracy, Williams placed court wards in homes owned and operated by her boyfriend, prosecutors allege. She also authorized payments from the wards' bank accounts of up to $6,000 a month to Rashad's firm, Empowerment Homes.

In all, Empowerment Homes was paid approximately $2 million, the indictment alleges, which includes money for legitimate services.

Since last year, FBI agents have seized at least $69,981 from Williams, Rashad and their companies. Prosecutors also slapped a lien on residential and commercial properties linked to Williams and Rashad in Oakland County.

Bradley, meanwhile, was appointed to manage Ethel Ciotti's finances in April 2018.

One year later, Bradley cut a $4,460 check from Ciotti's bank account and gave the money to a landlord who owned a home in Westland rented by Bradley-Baskin, according to the government.

"The $4,460 check was not used for the benefit of (Ethel Ciotti)," the indictment reads. "Bradley fraudulently issued the check to benefit Bradley-Baskin."

Williams took $25,000 from another victim and Bradley-Baskin used the money to pre-pay a year's worth of rent at the Westland home, prosecutors allege.

Judge had money problems

During the alleged conspiracy, Bradley-Baskin's fortunes changed dramatically.

Before prosecutors said Bradley-Baskin started stealing people's money, she had big cash problems.

Bradley-Baskin and her ex-husband filed Chapter 7 bankruptcy in 2013, listing more than $278,000 in liabilities and $6,550 in assets, according to court records. The debts included $17,644 owed on the future judge's new Mercedes-Benz.

The money woes continued in 2020, when she was sued in the 36th District Court for more than $9,400 by an automotive lender.

Bradley-Baskin overcame the financial problems by stealing from the vulnerable, prosecutors alleged.

That included Frankie James, a 70-year-old, incapacitated woman with health problems from Detroit. Her finances were being handled by Williams' firm, Guardian and Associates, in 2019.

Frankie James died May 11, 2020. Three days later, Williams gave the elderly woman's stately brick Colonial-style home to Bradley-Baskin's half-brother, prosecutors alleged.

The deed was drafted by Bradley, according to the indictment. 

In December 2020, seven months after James died, Bradley-Baskin took $26,500 from various wards' bank accounts and bought the dead woman's home, according to the indictment.

In March 2024, the home was transferred for $1 to CAB Realty, a company owned by Bradley-Baskin's husband, Corey Baskin, prosecutors alleged.

"A little more than a year later, on or about April 25, 2025, CAB Realty sold the property for $140,000," the indictment alleged.

Corey Baskin did not respond to messages seeking comment. 

Judge travels abroad, feds say

The judge's personal life, meanwhile, was improving.

Bradley-Baskin traveled the world in recent years, including jaunts to the Caribbean, Spain, France and Cancun, a court official said during the judge's arraignment. She bought a dive bar in Detroit and reaped an insurance windfall.

And in March 2024, Bradley-Baskin withdrew $54,250, and the money was used to lease a $900,000 Brush Park townhouse, according to the FBI.

 The property is owned by Felix Weller, the former vice president of Cadillac in China, according to public records.

The 2,425-square-foot, three-story City Modern townhouse, across Woodward from Little Caesars Arena, has three bedrooms, three-and-a-half bathrooms, a private rooftop terrace and a one-car garage for Bradley-Baskin, who leased a new 2023 Ford Expedition King Ranch SUV with more than $20,000 stolen from another victim, prosecutors allege.

The judge’s life in the townhouse soured last fall as prosecutors prepared to indict the judge.

Landlord Greythorne Management LLC sued Bradley-Baskin and her husband on Oct. 15 and accused the couple of failing to pay $8,650 in rent.

The lawsuit, since dismissed, was filed in the 36th District Court in Detroit — the judge's own courthouse. 

Full Article & Source:
Feds: Stealing from dead gave judge a luxe life in auto exec's home

 See Also:
Detroit judge, 3 others charged in alleged scheme to steal thousands from vulnerable and incapacitated people

Press Release: Sitting Judge and Three Others Charged with Scheme to Steal Hundreds of Thousands of Dollars from Vulnerable and Incapacitated Wards 

Detroit News: Detroit Judge Teamed With 2 Criminals to Help Buy And Sell Homes of the Vulnerable

FBI probe of Detroit probate court could lead to indictment