Saturday, April 26, 2025

Family distraught after California county declares it 'owns' their ailing 92 year-old father

By Melissa Koenig

A California man is fighting for his 92-year-old father's rights after he says the county wrongfully put him under conservatorship - and won't let him spend his final days with his family.

Howard Rose is under a Ventura County-imposed conservatorship that controls his person and finances - even though his family told Fox 11 they are willing to take care of him at home as they have done in the past.

The family now claims the county put the elderly father-of-one under conservatorship to cover up medical negligence and gain control of his finances.

They say the process was set in motion after a hospital visit last year led to false accusations that the family abandoned him - allegations that they vehemently deny as they try to get him back home.

'We had no civil rights; he had no due process,' said Cynthia Rose, Howard's wife.

'These people can just gang up on you and take your loved one - your dad, your grandma, your mom, anyone. It can happen to anyone and usually money is involved,' Howard's only son, Andrew, added. 'That's what they look for.'

Both Andrew and Cynthia went on to claim that Ventura County has been racking up unnecessary medical bills by transferring Howard between nursing facilities.

'What floored me was when I saw the first bill,' Cynthia said. 'The nursing home was more expensive than the one we used in Santa Barbara and the care was appalling - they had 129 cases of elder abuse there.'

His only son, Andrew, is fighting to bring him home - saying that he and his mother can take care of him

Andrew also said he now fears the county will take the condo the family lives in 'just to pay these bills we don't even owe.'

He explained that the Ventura County Superior Court established the conservatorship after a judge heard testimony and evidence about his ailing condition.

But when Andrew tried to speak at a hearing on September 24, he said Judge Roger L Lund denied his request.

At the same time, he said, Assistant County Counsel Mitchell Davis admitted he never reviewed his father's file - yet still expressed his intent to issue conservatorship if Howard were to return to the hospital.

The following month, Andrew said Jude Lund held another hearing - but only included county witnesses and omitted the testimony of his father's patient advocate.

The doctor who did speak, Dr. Daniel Cox - who Andrew said put his father on palliative care without his consent - was then unable to reconcile contradictions between the nurse reports and his own, the worried son claimed.

He said that when he then asked to speak, Judge Lund threatened to remove him from the courtroom before granting a temporary conservatorship and suspending his mother's 1999 power of attorney.

County officials then allegedly justified his father's need for a feeding tube based on failed tests - despite Howard reportedly passing the only test he was given.

The Ventura County Superior Court established the conservatorship after a judge heard testimony and evidence about Howard's ailing condition

Andrew and Cynthia said they have since requested multiple independent evaluations - which the county has denied each time. They also said the county has denied their request for in-person meetings.

A spokesperson for the county, however, has claimed the family was represented by an attorney 'who was permitted to cross examine witnesses and could have presented evidence to the court.

'The conservatorship and all actions taken by the conservator have been and continue to be under the court's supervision,' the spokesperson said, noting that it 'denies the family's allegations - there is no coverup.

'Andrew Rose and his mother have recently filed a series of claims with the county seeking financial compensation for themselves and for Howard Rose. The county is reviewing those claims.'

In the meantime, Andrew said multiple agencies are reviewing the case for potential fraud.

'Judge Lund's pattern of granting conservatorships without reviewing powers of attorney or ensuring due process echoes similar complaints from other families,' Andrew told the news station.

He said the family is now seeking Howard's return home, 'an independent medical evaluation as required by conservatorship guidelines' and 'transparency regarding the county's financial arrangements with nursing homes and physicians.' 

Howard's wife, Cynthia, asserted that they had no civil rights and her husband had no due process

Thus far, though, Andrew said the family's public records requests for documents have been delayed or ignored.

'We call on anyone else affected by the Ventura County Public Guardian or the Superior Courts and Probate Division to come forward,' he pleaded.

'Howard - who survived palliative care after being deemed "too old" for treatment - still begs to come home,' the son added.

'The County's silence, lack of oversight and denial of records only reinforce our concerns. We challenge them to meet with us publicly and show documentation of Howard's care and end this pattern of harm toward the elderly.

'On Easter, we plead for grace: return Howard to his family and stop using the court system to exploit the vulnerable.

'Justice for Howard - and for all victims - demands that Ventura County's corruption and secrecy be brought to light.'

Full Article & Source:
Family distraught after California county declares it 'owns' their ailing 92 year-old father

See also:
92-year-old Southern California man forced into conservatorship, family says

Court adopts 'bill of rights' for adults with guardians

Guidelines for state Supreme Court hearings were developed by stakeholders' group

by Hamilton Kahn

The legal rights of adults with guardians in New Mexico are now in writing.

This "bill of rights," developed by the Working Interdisciplinary Network of Guardian Stakeholders (WINGS), will guide the state Supreme Court in all hearings involving guardianship, a news release from the Administrative Office of the Courts said.

Among 21 rights, the document gives adults with guardians the right to be treated with dignity and to take part in all decisions by the court affecting them, the release said.

WINGS was created by the court to evaluate New Mexico laws governing guardianship and conservatorship. Its members include judges, professional guardians and conservators, health care providers, attorneys, legislators and family members.

"WINGS believes the Supreme Court's adoption of this bill of rights will improve the fairness of guardianship proceedings and help both guardians and people under guardianship understand their rights and obligations," said WINGS chair and District Court Judge Lee A. Kirksey.

The next WINGS meeting is scheduled for 2 p.m. on June 13 at the Administrative Office of the Courts in Albuquerque. More information is available online at adultguardianship.nmcourts.gov.

Full Article & Source:
Court adopts 'bill of rights' for adults with guardians

Friday, April 25, 2025

Minnesota county commissioner resigns amid legal fight with wife over cognitive decline

Longtime Stearns County Board Member Leigh Lenzmeier is under his wife’s temporary emergency guardianship.

By Jenny Berg

The Stearns County Board includes longtime commissioner Leigh Lenzmeier, front left. (Stearns County)

ST. CLOUD – A longtime Stearns County commissioner is stepping down from his position amid a legal battle with his wife, who recently filed for emergency guardianship over him due to his cognitive decline.

Leigh Lenzmeier, 77, submitted a letter to the county on Wednesday stating he is retiring effective immediately. He served as commissioner for 34 years, making him the the longest-serving county commissioner in Stearns County and the second longest-serving in the state.

“The residents I have served, the board members I served with and the staff I worked with will always be the highlight of my life, and hopefully my legacy,” he wrote. “This was not an easy decision, or a quick one for me to make. But, I realize today, it is the right thing to do.”

As recent as last week, Lenzmeier had said he was determined to finish the rest of his four-year term, which runs through 2026. A Wright County judge granted his wife the emergency guardianship in early April as she argued his rapid cognitive decline was affecting his ability to act as an elected official.

“This is all about preserving his dignity and respect — and getting him off that board," Alice Lenzmeier said last week. “I don’t feel the need for the whole world to watch him go downhill.”

The order listed a diagnosis of major neurocognitive disorder, which is characterized by a “progressive and persistent deterioration of cognitive function” in which “affected patients often have memory loss and a partial or significant lack of insight into their deficits,” according to the National Library of Medicine.

Leigh Lenzmeier has been residing in an assisted-living facility in Buffalo, Minn., for about a year and attending meetings virtually. The guardianship order stated his “memory, executive functioning and ability to care for himself have been in decline over the past 15 years with rapid acceleration” in recent years.

The temporary guardianship lasts 60 days. At an evidentiary hearing Wednesday, which was closed to the public, a judge heard arguments on whether to make the guardianship permanent. Leigh Lenzmeier is contesting the permanent guardianship. The judge is expected to issue an order in the coming days.

The County Board had scheduled a special meeting for next week to discuss the guardianship. County Administrator Michael Williams said Wednesday that meeting will be canceled in light of Lenzmeier’s resignation. The board will likely set a special election in November to fill Lenzmeier’s seat.

At Tuesday’s meeting, Board Chair Jeff Bertram said he’s received more correspondence from constituents about this issue than anything else during his two-year tenure.

“It’s painful,” Bertram said. “I can’t tell you how many times I’ve cried about this because it hurts me as a person. But, again, we have to separate the person from the process.”

Full Article & Source:
Minnesota county commissioner resigns amid legal fight with wife over cognitive decline

See Also:
Lenzmeier Guardianship Hearing Held Behind Closed Doors as Judge Denies Access

Wife wants Minnesota county commissioner off board as his cognition declines

Stearns County Commissioner retires after wife had called for board to resign him amid health issues

by Ashley Halbach KSTP


Stearns County Commissioner Leigh Lenzmeier has retired from his position, effective immediately, according to a letter sent to the board on Wednesday.

Last week, 5 EYEWITNESS NEWS reported that his wife, Alice Lenzmeier, was granted emergency guardianship over her husband earlier in April.

She told 5 EYEWITNESS NEWS that her husband has memory issues and mental decline. She had asked the board to resign him, but says they never responded to her request.

Reporter Joe Mazan tried to talk to Leigh, who lives at a senior living facility in Buffalo in the memory care unit, but management told him no, saying Leigh is a vulnerable adult.

Leigh’s letter of retirement says that he is proud of his 34 years of service as a commissioner, calling it, and all the people he served and worked with, a highlight of his life and “hopefully” legacy.

He went on to say the decision was not easy, but that he realized it was the right thing to do.

You can read the full letter below. 


Full Article & Source:
Stearns County Commissioner retires after wife had called for board to resign him amid health issues

Colin Farrell explains ‘tricky’ decision to put son James, 21, with Angelman syndrome in long-term care facility

by Eric Todisco

Colin Farrell explains ‘tricky’ decision to put son James, 21, with Angelman syndrome in long-term care facility

Colin Farrell is elaborating on a big parenting decision he made.

The “Penguin” star, 48, revealed in a new interview with Candis magazine that he and his ex, model Kim Bordenave, put their 21-year-old son James, who suffers from Angelman syndrome, in a long-term care facility.

“It’s tricky – some parents will say, ‘I want to take care of my child myself’, and I respect that,” said Farrell, per The Independent.

Colin Farrell with his son James. Warner Bros
Colin Farrell with his son James. Warner Bros

“But my horror would be, what if I have a heart attack tomorrow, and, God forbid, James’ mother, Kim, has a car crash and she’s taken too – and then James is on his own?” he added. “[He’d be] a ward of the state. And he goes where? We’d have no say in it.”

Farrell said the former couple are trying to “find somewhere we like where he can go now, while we’re still alive and healthy, that we can go and visit, and we can take him out sometimes”.

Colin Farrell at the 2025 Critics Choice Awards. FilmMagic
Colin Farrell at the 2025 Critics Choice Awards. FilmMagic
Colin Farrell’s son James. Kim Bordenave/Instagram
Colin Farrell’s son James. Kim Bordenave/Instagram
James Farrell has Angelman syndrome. Kim Bordenave/Instagram
James Farrell has Angelman syndrome. Kim Bordenave/Instagram

“We want him to find somewhere where he can have a full and happy life, where he feels connected,” Farrell shared of his son. “By going out in the van every day and going to the supermarket and doing the shopping together. By going to the beach, museums, movies, all that stuff. Just a connected life.”

Angelman syndrome is a rare neurogenetic disorder that causes delayed development and problems with movement, balance and speech, according to the Mayo Clinic.

James was diagnosed with Angelman syndrome when he was just 2 1/2 years old.

Colin Farrell with Kim Bordenave and his sister Claudine at the 2003 Academy Awards. Getty Images
Colin Farrell with Kim Bordenave and his sister Claudine at the 2003 Academy Awards. Getty Images
 
Colin Farrell and Kim Bordenave in LA in February 2003. GC Images
Colin Farrell and Kim Bordenave in LA in February 2003. GC Images

Farrell and Bordenave, 53, filed for a conservatorship of their son in 2021 before his 18th birthday.

Last year, the actor launched the Colin Farrell Foundation, which aims to provide support for adult children with intellectual disabilities, in James’ honor.

James Farrell. Kim Bordenave/Instagram
James Farrell. Kim Bordenave/Instagram

“Once your child turns 21, they’re kind of on their own,” Farrell told People in Aug. 2024. “All the safeguards that are put in place, special ed classes, that all goes away, so you’re left with a young adult who should be an integrated part of our modern society and more often than not is left behind.”

Colin Farrell at the “Killing of a Sacred Deer” premiere at the 61st BFI London Film Festival in 2017. WireImage
Colin Farrell at the “Killing of a Sacred Deer” premiere at the 61st BFI London Film Festival in 2017. WireImage

The “Banshees of Inisherin” star also recalled learning of James’ diagnosis and how he reacted to the news from the doctors.

“I remember the first two questions I asked were, ‘What’s the life expectancy and how much pain is involved?’” Farrell explained. “And the doctor said, ‘Life expectancy, as far as we can tell, is the same for you and for me, and pain, no.’”

Farrell has another son, 14-year-old Henry Tadeusz Farrell, with Polish actress Alicja Bachleda-CuruÅ›.

Full Article & Source:
Colin Farrell explains ‘tricky’ decision to put son James, 21, with Angelman syndrome in long-term care facility

Thursday, April 24, 2025

Lenzmeier Guardianship Hearing Held Behind Closed Doors as Judge Denies Access

by Jennifer Lewerenz


(KNSI) — On Wednesday morning, an evidentiary hearing was held to determine whether Alice Lenzmeier’s emergency guardianship over her husband should be made permanent. However, the judge overseeing the case denied public access.

The meeting was originally scheduled for Monday, April 21st, but was postponed to the 23rd after the attorney for Stearns County Commissioner Leigh Lenzmeier requested the hearing be closed, citing privacy concerns due to the sensitive nature of the evidence, including medical records. Lenzmeier’s attorney, Michael Pepin, added that his client feels some allegations against him are untrue and that, if made public, they would harm his ability to do his job as a commissioner and damage his reputation.

Attorney Paul Jeddeloh, who represents Alice, said they support having a closed meeting because some of the evidence to be discussed could be embarrassing.

Wright County Judge John Bowen had told the court that he was likely to grant the request and believed a finding of good cause existed to close the hearing, but he wanted more time to decide. Bowen issued an order Tuesday afternoon, stating his decision to close the proceeding is based on what is in Lenzmeier’s best interests.

According to court records, Commissioner Lenzmeier’s wife was given emergency guardianship of her husband on April 7th. Filings show Lenzmeier has been living in a memory care unit at Havenwood of Buffalo since April 29th, 2024. Before that, he had spent a couple of weeks at another supervised care facility, Park View Senior Health & Living in Buffalo. Lenzmeier was taken to the emergency room after falling and being unable to get back up on March 31st, 2024. He was found by one of his children. Lenzmeier stayed at the hospital until April 8th and was discharged on the condition that he be placed at an assisted living facility.

Alice told the court he had been suffering from declining mental ability for well over a decade, with a “rapid acceleration” over the past three or four years. She cited a report written after a neuropsychology exam in fall 2024, saying Lenzmeier “demonstrated rapid forgetting” and could not appreciate how disruptive his condition is on his quality of life. The report went on to say that Lenzmeier needs to be in a regulated care setting, cannot drive, and recommended that he step down from his role on the Stearns County Board of Commissioners.

Lenzmeier has stated he believes he can still serve as a commissioner and disputes some of the claims about his mental capacity.

Requests to attend the hearing, which was held via Zoom, and included local media outlets and Stearns County Attorney Janelle Kendall, were all denied. Kendall stated in her request that she should be included because she advises the Board of Commissioners. The media had petitioned the court for attendance because Lenzmeier is a public official, and it is in the public’s best interests. Records surrounding his health are also public; he previously discussed his situation in the media.

A special Stearns County Board of Commissioners meeting has been called for Monday, April 28th, to discuss and consider action regarding Lenzmeier’s situation.

Full Article & Source:
Lenzmeier Guardianship Hearing Held Behind Closed Doors as Judge Denies Access

See Also:
Wife wants Minnesota county commissioner off board as his cognition declines

Caregiver accused of buying Shein outfits, paying bills with Alzheimer’s patient’s credit card


By WSBTV.com News Staff

SUWANEE, Ga. — Police in Suwanee are searching for a home health assistant wanted for identity fraud and elder exploitation.  

Briauna Michelle Powell, of Stone Mountain, has been accused of taking advantage of a person she was taking care of by using her credit cards. 

According to a police report obtained by Channel 2 Action News, a Suwanee officer met with the power of attorney for an 82-year-old victim in February.

The report said the victim was moved from Visiting Angels in Tucker to another senior living facility due to the worsening of her dementia and Alzheimer’s.

On Feb 8, the person with power of attorney received a fraud alert on her phone from Truist for a $236.37 charge on the victim’s Mastercard to Shein.com.

That person declined the charge and submitted it as fraud. The card was in the victim’s purse and was later canceled. 

According to the report, between Feb. 19 and March 6, there were six unauthorized transitions on the victim’s bank account, including internet payments to Capital One, with a debit charge of 46 cents.

The power of attorney also had the victim’s Lowe’s credit card statement.

The suspect racked up a bill of $1,120 between Feb. 10 and Feb. 27. Some of the items included a mattress, dog potty, motor oil and dinnerware.

The report said the suspect even tried to open an account in the victim’s name.

The power of attorney, along with the officer, stopped by Visiting Angels on March 6 to report Powell’s suspicious actions.

Officers gather information about Powell, including the times she was scheduled to work at the victim’s home the weekend of Feb. 7.

Detectives issued a warrant for Powell’s arrest.

She’s charged with multiple counts of ID fraud and elder exploitation. Suwanee police believe that Powell used her position as a home health assistant to get access to the victims’ personal information.

If Powell has ever worked in your home or with your elderly family member and you suspect any fraudulent activity, call Det. Zaenglein at 470-360-0689 or via email.

Full Article & Source:
Caregiver accused of buying Shein outfits, paying bills with Alzheimer’s patient’s credit card

Wednesday, April 23, 2025

Elderly woman gifts $1 million to neighbors after feeling threatened by family

Netanya family’s claim to a $1 million check gifted by a late elderly neighbor faces fierce opposition from the woman’s heir, who alleges fraud, manipulation and a decades-long scheme

by Tomer Ganon/Calcalist 

A nearly unbelievable story first revealed by Ynet's sister outlet Calcalist over three years ago has taken a new turn — one that appears to hinge on whether the case involves a generous gift or an elaborate fraud.

The saga began in November 2021, when a family from Netanya filed a lawsuit claiming they had cared for and supported their neighbor, G., a widowed and childless woman who lived across the hall from them for about 40 years. 
 

According to the case, during a
Rosh Hashanah dinner in 2010, G. handed them an envelope. Inside, to their astonishment, was a check for NIS 4 million ($1 million), allegedly given as a gesture of gratitude for their support.

The father of the family said he hesitated after opening the envelope and soon spoke with G., who allegedly told him it was her final wish for them to have the money and instructed him only to fill in a date and cash it when the time was right. “You are my family,” she reportedly told him. Still, he waited.

Years passed, and G.’s health and mental capacity declined. In March 2017, a court appointed a legal guardian for her after she was deemed unfit to manage her affairs. In June 2021, the neighbor filled in the date and deposited the check. The bank rejected it.

He then approached G.'s guardian, claiming the check was valid and had been held legally. The guardian disagreed, responding in a letter — attached to the lawsuit — that the circumstances suggested “the exploitation of a helpless, lonely elderly woman.”


G. died in March 2022, four months after the lawsuit was filed. Recently, during the ongoing legal proceedings, a man identified as A., the primary heir to G.’s estate under her will, submitted a sworn affidavit. According to official documents, G.’s assets included a rental apartment building in a European country and a pension tied to her dual citizenship.
 
In his statement, A. said he met G. in 2007 while renovating her home. Over time, he claimed, their relationship grew close, with G. eventually becoming a regular guest in his household. He disputed the neighbors’ narrative, asserting they had never cared for her and that G. had in fact spent that Rosh Hashanah holiday with his family, not theirs.
 
According to documents submitted to the court, A. managed G.’s needs after her health deteriorated and did so with her request and the guardian’s later approval. Her will included bequests to others as well — such as her housekeeper and her late husband’s grandchildren from a previous marriage, who each received NIS 100,000 ($25,000).
 
In the will, G. wrote that she had no children and chose not to leave anything to other relatives, saying they had already received “significant property and money over the years” but had shown “no interest in me, other than in a clearly ugly and transparent manner.” 
 

She left the remainder of her estate to A., “who cared for me, looked after my needs and made my final years more pleasant.”
 
A. also pointed to a clause in the will in which G. wrote: “As I’ve recently been harassed by potential heirs and neighbors trying to inherit from me while I’m still alive, I request that a copy of this will be sent to the Israel Police.”

In his affidavit, A. claimed that “in hindsight, she was likely referring to the plaintiff — the neighbor — who tried to extract money from her during her lifetime. This clause, in my view, nullifies any promise or gift, if such a gift was ever even given.”    

Full Article & Source:
Elderly woman gifts $1 million to neighbors after feeling threatened by family

Pennsylvania Department of Aging Elevates Transparency, Speeds Elder Abuse Investigations

by Maryann Pugh


HARRISBURG, PA
— The Pennsylvania Department of Aging (PDA) has unveiled significant strides in improving transparency and efficiency across Area Agencies on Aging (AAAs), particularly in investigating suspected elder abuse. Using the recently launched Comprehensive Agency Performance Evaluation (CAPE) strategy, the department is enhancing oversight while giving the public greater insight into local agency performance.

Among the initiatives’ early successes is the progress showcased by Delaware County AAA, which significantly boosted its compliance rate for timely elder abuse determinations. Compliance more than doubled from 40% in 2024 to an impressive 89% in early 2025. This surge reflects PDA’s collaboration with AAAs statewide to expedite investigations and better safeguard vulnerable older adults.

“I commend the Delaware AAA leadership and the entire protective services team for their hard work and dedication to improving their performance,” said Secretary of Aging Jason Kavulich. “Our approach of supportive change is generating measurable results that benefit and protect older Pennsylvanians.”

AAAs handle nearly 40,000 elder abuse reports annually statewide, addressing allegations of neglect, financial exploitation, and other harms. A key metric for evaluating agency responsiveness is the percentage of investigations closed within 20 days. Under PDA’s leadership, Delaware County’s success exemplifies systemic improvements across Pennsylvania, with compliance reporting now publicly available for all 52 AAAs on the department’s website.

PDA’s transparency push also builds on earlier initiatives, such as publishing data on whether initial assessments of elder abuse cases are conducted within designated timeframes. This effort has seen notable gains, with 49 of 52 AAAs achieving at least 85% compliance, up from prior years.

Secretary Kavulich attributes these advancements to CAPE, which works in tandem with tools that help AAA supervisors track performance and allocate resources efficiently. Delaware County AAA leaders emphasized the department’s role in driving progress, with Deputy Director Joanna King stating, “Our supervisors have been able to track performance in every area of our work… to complete investigations in a timely and thorough manner.”

Looking ahead, PDA plans to further engage AAAs on performance enhancements while fostering a transparent environment that prioritizes elder protection. With tools like CAPE and expanded public reporting, the Department of Aging continues to amplify its commitment to Pennsylvania’s aging population.

Full Article & Source:
Pennsylvania Department of Aging Elevates Transparency, Speeds Elder Abuse Investigations