PAPER PRISONS: Missouri woman fights to bring brother home from public guardianship system

Michelle Anaya is working to become the guardian of her brother, Jeffrey Fitzgearlds, who has been institutionalized for nearly 20 years under Missouri's public guardianship system.

by Matt Flener 

KANSAS CITY, Mo. —  Michelle Anaya is fighting to free her brother, Jeffrey Fitzgearlds, and bring him closer to home.

Anaya has spent years advocating for her brother, who has been under the state of Missouri's care as a ward of the state for nearly two decades.

"I've always been fighting for him, like even in school," Anaya said. "When he'd get teased, I'd fight the other kids."

Jeffrey is one of more than 11,000 people in Missouri living under the state's public guardianship system.

Jeffrey became a ward of the state after doctors recommended professional guardianship to his parents due to his mental illness and behavioral struggles. Now, Anaya is seeking to take over his care following the passing of their parents. She currently sees him during supervised visits at the Southeast Missouri Mental Health Center, located five hours away from Kansas City.

"My brother has been institutionalized for nearly 20 years," Anaya said. "I can literally see my life changing and evolving and growing. And his, it's stagnant. It's in a standstill."

Anaya has asked the court multiple times to allow her to assume guardianship from Alexa Summit, the Clay County public administrator, who oversees Jeffrey's care along with her deputies under judicial oversight. Summit's attorney, citing confidentiality, declined to comment on specific cases.

"While I appreciate the opportunity to respond, we must respect the confidentiality of the individuals whom the Public Administrator's office is tasked to serve as guardian and conservator for," said attorney Paemon Aramjoo, who represents the Clay County public administrator.

Anaya said it is often difficult to get answers from the Clay County public administrator's office regarding Jeffrey's care and her proposal to take over his guardianship. She has also spoken publicly, advocating for more oversight of the office.

She and other advocates lobbied Clay County's constitutional review committee earlier this year to push for more oversight of the Clay County public administrator's office, but ultimately, those changes did not happen.

Advocates across Missouri have echoed similar concerns, saying it is often challenging to get information from public administrators without going through the court system. KMBC 9 Investigates and the U.S. Department of Justice have highlighted issues within Missouri's public guardianship system, where thousands of wards live in nursing homes due to a lack of alternative placements.

KMBC is investigating ways to systemically improve the care of those under guardianship through a series of stories called Paper Prisons. The stories highlight people struggling to navigate a tangled system of legal paperwork, medical records and court orders. KMBC is also seeking answers, perspective and context from those in charge of keeping wards of the state in their care for their recommendations on how to improve the system. Often, those tasked with caring for wards of the state say they do not have enough resources or treatment facilities close to the person's home.

Public administrators have reported growing caseloads and have asked state lawmakers for increased funding and improved laws to better care for Missouri's most vulnerable residents.

Meanwhile, Anaya will keep fighting to bring her brother home.

"He needs natural connection. He needs family," Anaya said. "That's how people feel connected. That's how they have security."

If you know of someone going through struggles with Missouri's public guardianship system, or if you have a case to highlight that explores solutions for Missouri's public guardianship system that could teach lessons to others, please email investigates@kmbc.com.

Full Article & Source:
PAPER PRISONS: Missouri woman fights to bring brother home from public guardianship system

See Also:
Woman receives guardianship termination after sharing her story with KMBC 9 Investigates

Paper Prisons: Missouri woman seeking release from public guardianship

Missouri woman shares journey of restoration from public guardianship 

Judge questions former Sullivan County public guardian about multiple guardianship cases 

Judge: Missouri public guardian’s felony financial crime case can move forward

Missouri public guardian pleads not guilty to eight felony counts

Missouri elected guardian charged with 8 felonies for stealing from ward

Paper Prisons: Missouri woman details struggle to leave public guardianship after husband's death

Paper Prisons: Missouri man continues fight to free his mother from public guardianship 

Sullivan County elected official accused of stealing thousands from disabled person   

California Appeals Court Revives Elder Abuse and Fiduciary Duty Claims Against Morgan Stanley and Financial Advisor John Privitelli, Reopening Decades of Account History for Trial, According to Reif Law Group, P.C.

Court rules account gains do not defeat the financial elder abuse claim, reverses the trial court's 2010 cutoff, and holds that claims involving alleged tax and estate-planning advice cannot be dismissed as a matter of law

LOS ANGELES, October 13, 2026--(BUSINESS WIRE)--Reif Law Group, P.C. today announced that the California Court of Appeal has reversed a judgment that ended its clients' case against Morgan Stanley & Co., LLC and financial advisor John R. Privitelli after the close of plaintiffs' evidence at trial. The appellate court held that gains in the account did not defeat the plaintiffs' financial elder abuse claim as a matter of law, and it reversed a ruling that had limited the case to the final 21 months of a relationship that lasted roughly two decades.

In Adam DeVone et al. v. Morgan Stanley & Co., LLC et al., the Second Appellate District, Division Three, reversed the judgment in every respect but one. The case involves the estate of Maurice Voce, a barber and self-taught investor who died in 2012 at age 93. According to the opinion, Voce began trading options with Morgan Stanley's predecessor firm in the 1980s, and Privitelli took over his accounts in the 1990s, when Voce was age 74, and worked with him continuously until June 2012, communicating with him "pretty much daily," according to evidence the court cited.

The Full Relationship Is Back in the Case

The trial court found the lawsuit timely, then ruled that no conduct before September 11, 2010 could support liability or damages. The Court of Appeal held that was error. Once a claim is timely, the court explained, the plaintiff is "entitled to seek recovery for the full course of the wrongful conduct underlying that cause of action," and the statute of limitations does not "operate to constrain the scope of actionable conduct."

The court also rejected the defendants' alternative argument under the continuous accrual doctrine. Describing the doctrine generally, the court noted that it is designed to operate in a plaintiff's favor, and that the defendants' attempt to use it to confine the conduct for which plaintiffs may recover "inverts its purpose." The court held that disputed questions about when the plaintiffs knew or should have known of their claims are for the jury to decide.

In reviewing the elder abuse claim, the Court of Appeal described trial evidence reaching well before the 2010 cutoff. According to the opinion, in 1998, when Voce was 79, Morgan Stanley sent him a letter memorializing restrictions limiting his account to a covered-call strategy and capping his uncovered options positions, and a 1999 internal Morgan Stanley communication referred to reining in uncovered options because of his age while making an exception for Privitelli's branch. The court also described evidence of a February 2009 margin call after the account had fallen by nearly half over the prior year, and a roughly $900,000 loan the trusts obtained to pay off the margin debt.

Plaintiffs contend the 2010 cutoff removed most of the relationship from the case. Based on plaintiffs' analysis of the account records, Voce's accounts reflected approximately 30,690 trades and approximately $2.0 million in trading costs from 1993 to 2012, roughly 98 percent of which predate September 2010. The Court of Appeal noted plaintiffs' expert testimony that options positions expire and are generally replaced, with each replacement generating a new commission.

Account Gains Do Not Defeat the Elder Abuse Claim

The trial court dismissed the elder abuse claim after finding that "the account only grew in value," and the defendants pointed to approximately $4.2 million in net gains from 2010 to 2012. The Court of Appeal held that was error. California's Elder Abuse Act asks what a defendant "knew or should have known" at the time of the conduct, not only how the trades turned out. "Under the Elder Abuse Act, a defendant who exposes an elder to a foreseeable risk of harm does not escape liability merely because the risk did not materialize," the court wrote. The court also held that proof of a wrongful taking under the Act does not require evidence of a net financial loss.

The court described evidence that Privitelli received a December 2010 email from the family describing Voce's memory lapses, disorientation and declining health, and that Privitelli testified he was "on notice" of Voce's cognitive impairment in early 2011 and executed trades on Voce's instructions during that period. Asked at trial whether those reports should have been escalated to risk management or a supervisor, Privitelli answered, "Sure. It should have been." The court also noted testimony that Morgan Stanley had the right to revoke the trading authorization at any time, and held that a jury could weigh the firm's decision not to do so.

Claims Involving Alleged Tax and Estate-Planning Advice Are Revived

The trial court had also barred claims over alleged tax and estate-planning advice because the defendants were not hired or paid to give it. The Court of Appeal held that the scope of a broker's fiduciary duty depends on the facts of the relationship as a whole, including its duration and any advice actually given, not solely on the terms of a formal engagement. The court cited evidence of Privitelli's near-daily contact with Voce over the relationship, his Certified Financial Planner designation, and evidence that he told the trusts' estate planning attorney he had advised Voce on the tax treatment of certain gifts. Plaintiffs allege that tax advice resulted in approximately $640,000 in interest and penalties, and that related advice led to a split-dollar life insurance policy and costs exceeding $700,000. 

"The defendants asked the courts to judge this case by the account balance, and the Court of Appeal disagreed," said Brandon S. Reif, of Reif Law Group, P.C., counsel for the plaintiffs. "The Elder Abuse Act asks what a financial professional knew or should have known at the time. The trial court's cutoff excluded, by our count, roughly 98 percent of the trading in this account. The Court of Appeal restored that history, and we look forward to presenting the full record to a jury."

"When a family raises concerns about an older client's cognitive decline, those concerns deserve serious attention," Reif added. "In our view, a profitable account is not a license to ignore reported concerns of mental decline due to a client aging."

The court affirmed dismissal of one theory, a breach of fiduciary duty claim based on excessive trading, and reversed the judgment in all other respects. The court emphasized that its ruling does not compel a finding of liability. The allegations have not been proven, and the defendants dispute them. The case returns to the Los Angeles County Superior Court for a new trial.

Case: Adam DeVone et al. v. Morgan Stanley & Co., LLC et al., California Court of Appeal, Second Appellate District, Division Three, Case No. B339219. Opinion filed October 8, 2026.

Full Article & Source:
California Appeals Court Revives Elder Abuse and Fiduciary Duty Claims Against 
Morgan Stanley and Financial Advisor John Privitelli, Reopening Decades of Account 
History for Trial, According to Reif Law Group, P.C.

Senators part of hearing on isolation

PITTSBURGH - U.S. Sen. Dave McCormick, a member of the U.S. Senate Special Committee on Aging held a field hearing in Pittsburgh last week alongside U.S. Sen. John Fetterman examining loneliness and social isolation among older Pennsylvanians and how federal programs can better help seniors stay connected to their communities.

"Pennsylvania seniors helped build our communities, worked our mills and mines, and served our country, and they deserve to stay connected," said McCormick. "Today's hearing is about finding practical ways to reach isolated seniors and ensuring local organizations across Pennsylvania have the support they need to help."

Pennsylvania is home to more than 2.5 million residents age 65 and older, and that population continues to grow. For many seniors, losing a spouse, living far from family, or no longer being able to drive can make it harder to stay connected. Social isolation is not just a quality-of-life issue; it can have serious consequences for older Americans' health and well-being.

"I've always believed in the importance of connecting forgotten communities and making sure they aren't left behind. That includes our aging neighbors and the often unaddressed needs they have," said Senator Fetterman. "Hearing that Meals on Wheels might be the only human contact older folks have that week is alarming. Social isolation and loneliness are serious issues, and I'm grateful for the witnesses' testimony today and understanding how we can better serve the community."

The hearing featured four experts in aging services and research, representing Allegheny County, Penn State, the Jewish Healthcare Foundation, and Meals on Wheels of Lancaster.

Witnesses discussed how the Older Americans Act can better support meal delivery, senior centers, transportation, and other services that help seniors stay connected. Pennsylvania receives approximately $45 million annually through the Act. Senator McCormick cosponsored its bipartisan reauthorization, which passed the Senate unanimously in July. 

Full Article & Source:
Senators part of hearing on isolation 

Jason Taylor Sentenced for Financially Exploiting Family Members

Press Release

For Immediate Release

Date: November 02, 2026

Concord, NH – Attorney General John M. Formella announces that Jason Taylor, age 38, of Pelham, New Hampshire has been sentenced in Hillsborough County Superior Court Southern District for financially exploiting family members through a scheme that caused more than $260,000 in losses.

Taylor pleaded guilty to two counts of financial exploitation and two counts of theft by deception. The charges stemmed from a scheme in which Taylor fabricated a fictitious legal case and created false correspondence purportedly from attorneys, a prosecutor, and the Chief Justice of the United States. He used the fabricated documents to persuade family members to provide money, promising that the funds would be reimbursed.

“Financial exploitation can have devastating consequences, particularly when someone abuses the trust of family members who believe they are helping a loved one,” said Attorney General Formella. “Protecting older adults from fraud and financial abuse is an important responsibility of this office. We will continue to hold those who exploit vulnerable adults accountable under the law.”

The court sentenced Taylor to 2½ to 5 years, stand committed, on the financial exploitation charges, and 7½ to 15 years, all suspended, on the theft by deception charges. As a condition of his suspended sentences, Taylor is prohibited from working with or serving as a fiduciary for any elderly, disabled, or impaired adult. The court also ordered Taylor to pay a total of $260,048.69 in restitution to the victims.

The case was prosecuted by the New Hampshire Department of Justice Elder Abuse and Financial Exploitation Unit and investigated in conjunction with the Hudson and Pelham Police Departments.

Anyone who believes they or a loved one may be the victim of elder abuse or financial exploitation should contact local law enforcement, the Bureau of Adult and Aging Services (www.nheasy.nh.gov), and the FBI’s Internet Crime Complaint Center (www.ic3.gov) and report the incident promptly. Quick reporting may improve the chances of recovering stolen funds and prevent additional victimization.
 

Contact

Michael S. Garrity, Director of Communications
(603) 931-9375 | michael.s.garrity@doj.nh.gov

---

Nancy A. DeAngelis, Senior Assistant Attorney General, Chief, Elder Abuse and Financial Exploitation Unit
(603) 271-3671 | Nancy.A.DeAngelis@doj.nh.gov

Source:
Jason Taylor Sentenced for Financially Exploiting Family Members

Missouri man sentenced after stealing $240K from elderly mother

by Jared Bush

KANSAS CITY, Mo. — A Missouri man has been sentenced after stealing just over $240,000 from his elderly mother.

Michael McLin of Grain Valley pleaded guilty on Thursday, Oct. 29, to fraudulent use of a credit/debit card device. All his other charges were dismissed. He was sentenced to three years in prison.

He was charged in April 2025 with financial exploitation of the elderly, a class A felony, and stealing, a class C felony.

According to court documents, McLin and his girlfriend moved into his mother’s house in 2021 or 2022.

In June 2022, court records say McLin began withdrawing money from his mother’s bank accounts without her knowledge or permission after adding his name to them without her knowledge.

This continued until 2024, when his mother discovered $160,000 missing from her bank accounts. His mother then closed the bank accounts and opened new ones so that McLin no longer had access to them. 

McLin’s mother moved out of her home in June 2024 to live with her grandson and his wife. Eviction notices were put on the home in order to McLin and his girlfriend to leave.

After bank records were reviewed, it was determined that McLin stole a total of $230,319.77 from his mother’s two bank accounts. He also used her Discover Credit Card to spend nearly $10,000 without her permission.

In total, McLin stole $240,075.58. 

Full Article & Source:
Missouri man sentenced after stealing $240K from elderly mother 

San Antonio woman fights to restore her rights after she was placed under guardianship

San Antonio woman fights to restore her rights after she was placed under guardianship during a bitter divorce. 

Source:
San Antonio woman fights to restore her rights after she was placed under guardianship 

Woman charged with pushing 73-year-old man off CTA bus in the Loop

 

A woman has been charged with attacking a 73-year-old man as he was getting off a CTA bus earlier this month in downtown Chicago. 

Source:
Woman charged with pushing 73-year-old man off CTA bus in the Loop

Center Point couple accused of stealing $93K from grandparent

By KCRG Staff 

LINN COUNTY, Iowa (KCRG) - A Center Point couple is accused of stealing more than $93,000 from one of their grandmothers.

Aarika and Richard Ortega are both charged with theft and financial exploitation of an older person, money laundering and credit card fraud.

A criminal complaint says Aarika became her grandmother’s guardian in November of 2025.

By March, she had put her grandmother in assisted living and transferred $25,000 out of her account as a “wage” for taking care of her.

The Linn County Sheriff’s Office says they continued to take from the account. Charges included a new dirt bike and pickup truck, repairing a four-wheeler and a trip to a St. Louis Cardinals game, among other charges.

Both are being held at the Linn County Jail.

Full Article & Source:
Center Point couple accused of stealing $93K from grandparent 

Leelanau County Man to Stand Trial on Embezzlement Charges

LANSING — On Wednesday, in the 80^th District Court in Harrison, Donovan Leonard, 34, of Cedar, was bound over to stand trial on felony charges of embezzlement, forgery, uttering and publishing, and failure to file taxes, announced Michigan Attorney General Dana Nessel. The case was investigated by the Michigan Department of Attorney General, which then charged Leonard in August of this year.

In 2023, Leonard obtained power of attorney over an elderly man, with whom he’d been close for many years, who was at that time suffering from dementia. It is alleged that Leonard soon after sold off assets belonging to the man and took more than $100,000 from his bank accounts. Leonard allegedly created and filed with the probate court false receipts to justify the stolen sums.

“Power of attorney is a significant legal authority one person can grant to another in a time of need, but it is not a license to steal,” said Attorney General Nessel. “Vulnerable and elderly Michigan residents often must rely on a trusted relative or friend to help manage their finances or other affairs. When that trust and legal privilege is abused, my office will act to hold unscrupulous actors accountable.”

Leonard is charged with:

• 1 count of Embezzlement from a Vulnerable Adult - $100,000 or more, a 20-year felony;
• 1 count of Embezzlement by an Agent - $100,000 or more, a 20-year felony;
• 1 count of Forgery, a 14-year felony;
• 1 count of Uttering and Publishing, a 14-year felony; and
• 2 counts of Taxes – Failure to File, a 5-year felony.

Leonard will next appear before Judge Tara S. Hovey in the 55^th Circuit Court in Clare County.

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Please note: For all criminal proceedings, a criminal charge is merely an allegation. The defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos. 

Source:
Leelanau County Man to Stand Trial on Embezzlement Charges