Judge Accused of Exploitation

Larry Seidlin, the weeping Anna Nicole Smith judge who has allegedly chiseled more than a half million dollars from an elderly widow in his condo building, has been removed from the woman's will.

Actually, Seidlin's wife and daughter are off the will, since Seidlin kept his name out of it as he worked to take over Barbara Kasler's multi-million dollar fortune.

Kasler's family members, caregivers, and an activist named Lyn Evans have managed to remove Seidlin from the widow's life and possessions.

This news comes after a state investigation began into allegations of abuse and exploitation of Kasler by the Seidlins.

Mrs. Kasler called her niece, Corine Kasler, in Pensacola and asked her to take over her affairs. "With the improvement came her ability to understand that perhaps Larry Seidlin wasn't operating in her best interests. It was the turning point."

The will naming Seidlin's wife, Belinda Seidlin, and daughter Dax has been revoked, says Corine Kasler, and a new will is being worked up that definitely won't involve the judge or his family. The trustee of Kasler's estate, Steve Fuller, and the estate's attorney, Richard Judd, are being fired.

Full Article and Source:
Judge Seidlin's Clan Removed From Widow's Will

More information:
Judge Larry Under State Investigation After Elderly Abuse Complaint

DCF probes gifts to family of former Broward judge

Former judge Larry Seidlin accused of exploiting 83-year-old neighbor

Greer Files Suit

After watching court-appointed officials spend more than $600,000 of her money, Peggy Greer is returning to court to try to win it back.

Greer has filed suit in Hennepin County District Court, claiming that her former guardian and conservator failed to protect her assets, heed her wishes and otherwise fulfill their duties to look after her best interests.

In March 2005, a Hennepin County probate judge ruled that Greer, then recovering from painkiller addiction, was unable to make decisions for herself, and appointed Professional Fiduciary Inc. as her guardian and Wells Fargo Elder Services as her conservator.

Over the next two years, the guardian and conservator spent $672,000 on health costs, attorney's fees and other expenses, despite objections from Greer and other family members that the spending was excessive and unjustified.

Greer won back her rights in July 2007, after her assets were exhausted and the guardian and conservator no longer opposed their dismissal.

The lawsuit accuses Wells Fargo Bank, Wells Fargo Private Bank Elder Services, PFI and Ruth Ostrom, an attorney for PFI, of breach of fiduciary duties, which it says caused Greer "severe emotional distress."

Full Article and Source:
Out of money, Excelsior woman still fighting

See also:
Money Used Up

Lawyer Betrayed Client Trust

Nancy Clifton gave him more than $400,000 of her deceased husband’s life insurance settlement to invest. All of it was gone within three years.

M&D Construction bought a house from him in a foreclosure transaction, only to learn weeks later — and after spending thousands of dollars on renovations — that it already had been sold to someone else.

Eva Bauer sought his help in handling a disbursement from her deceased brother’s estate. Two years later, the money had vanished.

In story after story, those who turned to Kent Desselle for help or conducted business with him came away claiming huge losses that resulted in financial hardship. In the end, it was the $20,000 from a memorial fund for two murdered children that led to the downfall of the former Independence lawyer.

Desselle was disbarred by the Missouri Supreme Court. He was the subject of seven complaints filed last year, most of which accused him of mishandling clients’ money.

In its recommendation to disbar Desselle, the Disciplinary Hearing Panel issued a scathing statement: “Respondent has committed multiple offenses of taking his clients’ funds and using them for his own selfish motives and shown that he is dishonest.”

Full Article and Source:
Testimony shows disbarred lawyer repeatedly betrayed clients’ trust

Judge Under Investigation

The Upshur County district attorney said that he is investigating the Upshur County judge in a matter related to the judge accepting checks from a former lawyer.

According to the Texas Courts Code of Judicial Conduct, "a judge shall refrain from financial and business dealings that ... involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves."

Upshur County Judge Dean Fowler said he accepted checks from former lawyer Robert Bennett, who was sentenced to state prison for theft and misuse of client trust fund money. Fowler said some of the checks were for referrals, which are permitted by the Judicial Conduct Code.

About half of the checks were for personal business, and District Attorney Billy Byrd said he's trying to determine whether there were criminal or ethical violations.

Full Article and Source:
Upshur district attorney investigates county judge

More information:
Former Gilmer Attorney Investigated For Possible Ethical, Legal Violations

Lokuta Not Entitled to New Trial

An attorney for the state Judicial Conduct Board said in court papers that former Luzerne County Judge Ann Lokuta is not entitled to a new misconduct trial because none of the “after discovered” evidence she has produced would have resulted in a different outcome.

Francis J. Puskas, deputy chief counsel for the JCB, says the myriad of issues Lokuta raised in a 108-page brief filed last week have little to no relevance in her case, constituting an “everything but the kitchen sink” strategy to overturn the Court of Judicial Discipline’s Dec. 9 order that ousted her from office.

Lokuta is seeking to reopen her case or have the charges against her dismissed based on federal charges that were recently filed against former judges Michael Conahan and Mark Ciavarella and court administrator William Sharkey.

She contends the charges are proof that there was an ongoing conspiracy within the courthouse, orchestrated by Conahan and Ciavarella to remove her from office because she was a whistleblower who exposed various wrongdoings.

Full Article and Source:
Lokuta request criticized

See also:
Removal of Judge Reconsidered

Lokuta's Motion Denied

Judge Wants New Hearing

Removing "Bully" Judge

Lawyer Bilked Elderly Clients

A disbarred former lawyer faces nearly five years in prison when he is sentenced on charges that he bilked elderly clients out of hundreds of thousands of dollars as their health and finances withered away.

Reginald “Reggie” Rogers was like “a son” to several elderly clients — cleaning their homes, cooking for them, singing for them to lift their spirits, and spending weekends and evenings with them. Prosecutors allege it was all an act — that his only interest was getting his hands on his clients’ money.

He has been convicted of emptying out his clients’ bank accounts, spending the money on expensive clothes and airline tickets. Prosecutors John Griffith and Diane Lucas are asking for a 57-month sentence.

Full Article and Source:
Former lawyer bilked elderly clients of big sums of money

That Incestuous Little Group

1998 - The decisions of a Denver Probate Court judge that deprived 83-year-old Letty Milstein of her rights and her money were slapped down by the Colorado Court of Appeals.

The case of Letty Milstein, mother of Denver socialite Judi Wolf, was sent back to the probate court by the appellate court. One of Letty's attorneys, Cris Campbell, says he will seek the return of more than a half-million dollars taken from his client's estate by what Campbell calls "that incestuous little group of lawyers, conservators and guardians down at the probate court."

Although the Court of Appeals decision does not name or criticize Probate Judge C. Jean Stewart directly, it describes--and reverses--error after error in her handling of the case.

Most important, the decision affirmed that Letty--and for that matter, any allegedly incapacitated person--has the right under Colorado law to be represented by counsel and to attend all legal proceedings in person.

Full Article and Source:
Letty Wins

More information:
The fight between socialite Judi Wolf and her brother has turned into the mother of all family feuds.
Mommy Dearest

When a Denver probate judge came calling, Letty Milstein lost her day in court.
To Grandmother's House We Go

Letty Milstein takes her case to the state Supreme Court.
Here Comes the Judge

After eighteen months as a ward of the court, Letty Milstein will finally get her day in court.
Changing of the Guard

See also:
Denver Probate Lawyer

Elder Law Attorney Ponzi Scheme

For five years, an attorney who specialized in elder law arranged community workshops where he sought investors for a bogus financial scheme that would siphon more than $40 million from his unsuspecting clientele, according to a federal prosecutor.

When the scheme collapsed earlier this year and investors began complaining to local police and the FBI, attorney Robert P. Copeland confessed to federal prosecutors in Atlanta, said his Decatur lawyer, Marcia G. Shein.

Shein said that Copeland surrendered to authorities because, "He didn't want to do this any more. He needed to resolve the problem."

In U.S. District Court, Copeland pleaded guilty to a criminal information (charges filed either prior to or in lieu of a grand jury indictment) charging him with a single count of wire fraud. He is free on $100,000 unsecured bond pending his July 10 sentencing.

Full Article and Source:
Ga. Lawyer Used Elder Law Practice to Snare Ponzi Victims

More information:
Georgia attorney pleads guilty to $28 million investment fraud scheme

Guardianship May Circumvent Prenuptial

When he died in November, the author left behind two unpublished books and one real mystery: Will his widow be able to gain control of a substantial part of his estate against his wishes?

Michael Crichton, the bestselling author of science fiction thrillers such as Jurassic Park and The Andromeda Strain, left behind at least one finished novel and part of a second when he died of cancer.

But the prolific Crichton, who was married five times and also created the hit TV series ER, which ended a 15-year run, left behind another, even bigger piece of unfinished business: the fate of a son born three months after the author died.

The son, John Michael Todd Crichton, isn't mentioned in Crichton's will, but as an "omitted child" in legal theory, he may nonetheless be entitled to one-third of the writer's estate. The amount at stake is not known, but may well reach into nine figures: By one account, Crichton earned $100 million a year in his prime.

In a dramatic twist worthy of Crichton himself, his widow—Sherri Alexander Crichton, who signed a prenuptial agreement limiting her share of the estate—is seeking to be named guardian of her son's property. Success would essentially let her circumvent the prenuptial pact.

Full Article and Source:
Crichton's Last Thriller

More information:
Loeb & Loeb, on behalf of the firms client Sherri Crichton, widow of Michael Crichton and the mother of their newborn son John Michael Todd Crichton, today filed a routine petition in Probate Court requesting the Court's blessing that she will not be violating the terms of her late husband's will or trust by acting on their son's behalf to establish his clear legal right to share in his father's estate, as Michael Crichton intended.
Statement Regarding Petitions Filed by Loeb & Loeb on Behalf of Sherri Crichton

Changes to Probate Rules

The Probate and Family Court announces changes to the Massachusetts Rules of Domestic Relations Procedure, the General Rules of the Probate Court and the Supplemental Rules of the Probate Court.

These changes were recommended by the Probate and Family Court Bench/Bar Committee on Rules and were recently approved and promulgated by the Supreme Judicial Court. The rules will be effective May 1, 2009.

Press Release and Amended Rules:
PROBATE AND FAMILY COURT ANNOUNCES CHANGES TO RULES

See also:
UPC Takes Effect July 1

Guardian Sues Lawyer

The guardian for an elderly woman has filed a lawsuit against a prominent Milwaukee law firm and a suspended lawyer, claiming the lawyer stole more than $600,000 from her.

Supportive Community Services, the legal guardian for Dorothy G. Phinney, filed the lawsuit against Quarles & Brady and Jeffrey Elverman, a lawyer who was with the firm when the alleged theft occurred between December 2001 and September 2004.

According to the lawsuit, Phinney hired Elverman in 2000 while he worked at Quarles & Brady.

Christopher Stawski, a lawyer representing Phinney, said the money was discovered missing in 2008, shortly after a Milwaukee County judge found Phinney incompetent and appointed Supportive Community Services as her guardian. Elverman fought the appointment, saying that she had given him her power of attorney.

Stawski also said that when Elverman left Quarles & Brady in 2004, he did not tell his new firm, Michael Best & Friedrich, that Phinney was his client. Information regarding her account was sent directly to Elverman's home.

The lawsuit seeks treble damages as well as the cost of the investigation and litigation.

Full Article and Source:
Lawyer accused of robbing client

Victimized

This whole experience has made me personally very cynical about our system of justice.

Unfortunately, hearing others' stories has only added to my feeling that our civil rights are being trampled and disregarded by the very people who are supposed to protect them.

Instead of being protected by the law, the elderly are victimized by it.

My mother's money is being used to fight her family in the courts.

They keep her from us.

If Mom could truly speak for herself, I know she would be the first to condemn those who are perpetrating this evil.

Battle Over Lincoln Artifacts

Nearly 150 years after their great-great-grandfather Gideon Welles served as secretary of the Navy for President Abraham Lincoln during the Civil War, his heirs are locked in a fierce battle over the possession or existence of artifacts that include a rare rifle fired by Lincoln.

The battle between the Welles and Brainard branches of the family began in attics in several eastern Connecticut homes and is now raging in a Rockville courtroom and in the tiny probate court in Mansfield. There, some relatives are trying the unusual tactic of asking to reopen a 59-year-old probate case.

At stake are priceless historical documents, such as an unused ticket connected to the Gettysburg Address and personal notes from Lincoln to Welles, one of the president's closest confidants, as well as a cane carved out of wood from Fort Sumter.

The battle is tearing the family apart, with threats to report each other to the IRS for not listing income from the sale of artifacts, and accusations of family treason over an anonymous letter mailed to town officials in eastern Connecticut.

John A. Lupton, associate director/associate editor of The Papers of Abraham Lincoln, a project of the Illinois Historic Preservation Agency and the Abraham Lincoln Presidential Library and Museum in Springfield, Ill.: "Gideon Welles was one of Lincoln's closest confidants during the Civil War period, and I would presume that there would be pretty interesting new items there. The fact that they would be associated with a member of Lincoln's Cabinet makes them even more valuable, and that's probably why there is such a family fight going on."

Full Article and Source:
Gideon Welles' Heirs Battle Over Lincoln Artifacts

Marshall Goes to Trial

Brooke Astor's son stole from his mother to satisfy his wife, a prosecutor charged.

That stunning accusation was levelled at Anthony Marshall as the trial of the saintly socialite's son - and a lawyer pal - got underway at a Manhattan court.

Assistant District Attorney Elizabeth Loewy: "Anthony Marshall's preoccupation for getting money for Charlene was actually motivation for the scheme to defraud Astor."

As Loewy painted Marshall as a liar and thief who stole millions from his senile mother, the suspect's wife sat behind her man.

Loewy implicated Charlene Marshall - who is not charged with a crime - as she laid out how the former U.S. ambassador and ex-Marine took advantage of the Alzheimer's-addled Astor to change her will and loot her $200 million fortune.

The prosecutor argued that Francis Morrissey, an estate planning lawyer who also has been charged with fraud and forgery, was Marshall's accomplice.

"This case is about greed, the greed of two men, Anthony Marshall and Francis Morrissey, to increase their own wealth at her expense."

Full Article and Source:
Brooke Astor's son Anthony Marshall goes on trial for stealing from socialite mom

See also:
Marshall's Criminal Trial

Mrs. Astor Regrets

Too Sick for Court?

NO to SB1718 HB5117

NASGA responds to Florida proposed bill to raise filing fees for guardianships of elderly or disabled adults to $5,000, with an emphatic “NO!”

National Association to STOP Guardian Abuse

http://www.stopguardianabuse.org/
http://nasga-stopguardianabuse.blogspot.com/

PRESS RELEASE
For immediate release
April 27, 2009

For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org

___________________________________________________________________

NASGA, National Association to STOP Guardian Abuse,
objects to Florida Bill SB1718 / HB5117
___________________________________________________________________

NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. NASGA advocates for protection – physical and financial - of wards and their families –through education and outreach.

NASGA strenuously objects to SB1718 / HB5117:

1. Increasing the filing fee for guardianship of an elderly or disabled adult from $1,000 to $5,000 would virtually eliminate family in a protective role as guardian; thereby subjecting innocent and vulnerable wards to control by strangers” and subjecting them to the increased possibility, and likely probability, of guardianship abuse – in a state heavily populated by Senior Citizens – and one in which the courts are known to be uncaring or disinterested in the rights of the vulnerable elderly.
2. The monetary burden of the proposed increased fee will come from the ward’s estate. The law requires that the estate assets be conserved and prudently invested.
3. NASGA advocates that the ward’s estate should be used primarily for that purpose rather than legal and/or administrative fees.

NASGA says “NO” to SB1718 HB5117.

Are Your Parents Safe?

Solutions to Keep Your Loved Ones Safe and Inspirations for Healthy Aging

Featuring real-life events, Saving Our Parents is a startling demonstration of the potential pitfalls facing today's aging adults. Exposing scams and the devious crooks that may have us or our parents in their cross-hairs, this compelling documentary delivers a message that will both empower and motivate.

Professionals, experts and "victims" share life-saving knowledge and inspirational insights with candor, their heartfelt message guiding us, our parents and our loved ones safely into the golden years.

Fourth Grader Abducted

CA - Tomas Betsis-Dunstan, a fourth grade student at Marquez Charter Elementary School, was abducted by a non-custodial parent, George Betsis, on the morning of April 3.

Principal Phillip Hollis: "We did have a custody issue. It is now in the hands of the LAPD."

According to a police report, the child was dropped off at 8:50 a.m. and the father was seen taking him away from the school a few minutes later. Police speculate that the father was waiting for the boy to be dropped off and then grabbed him.

Betsis, an Australian national, is in a custody battle with his ex-wife over guardianship of the child. He asked Australian courts to grant him guardianship, but was denied. A U.S. court ordered Betsis to return his son to the West Los Angeles police station. Betsis called the station and acknowledged the order, but told an officer he would not comply.

Police are now seeking the public's help in locating the 10-year-old boy and his 49-year-old father.

Tomas is white, weighs 110 pounds, has a medium build and has dark hair. His father is described as 5'8' tall, 200 pounds, with brown hair and eyes, a medium build and dark complexion. Betsis is believed to be driving a 2009 gray Kia Sorrento with the California license plate 6ELL191.

Betsis is considered a flight risk. "We've taken precautions so that he won't leave the country, and Australian officials have been notified."

Anyone with information about the whereabouts of Betsis or Tomas is asked to call Mounger at (310) 444-1533. After-hours and on weekends, calls may be directed to the West Los Angeles watch commander at (310) 444-0701 or to a 24-hour, toll-free number at 1-877-527-3247. Callers may also text 'Crimes' with a cell phone or log on to http://www.lapdonline.org/and click on Web tips. When using a cell phone, all messages should begin with 'LAPD.'

Tipsters may remain anonymous.

Source:
Marquez Fourth Grader Abducted

42 Indictments by Grand Jury

Some indictments were among 42 handed down by the grand jury last week:

* A 1-year-old boy suffered serious bodily injury, including five broken ribs, burns in his genital area and bruises at the hands of two residents who were taking care of him while his mother was incarcerated. Jacqueline E. Reed and Robert Scott Sencendiver were charged with child neglect causing serious bodily injury.

* A 51-year-old man was indicted on 21 counts of sexual abuse by a parent in a case involving his 14-year-old stepdaughter.

* Three defendants were indicted in a case involving the home invasion of a 71-year-old woman.

* Jeremy Bryan Tomberlin and Thomas Dale Sims were indicted on a charge of misappropriation of funds of an elderly person.

Full Article and Source:
Grand jury hands down 42 indictments

Removal of Judge Reconsidered

The state Court of Judicial Discipline will hear legal arguments on May 13 regarding whether its order that removed Luzerne County Judge Ann Lokuta should be modified in light of newly discovered evidence she presented.

The court’s action is in response to a March 25 order by the state Supreme Court that stayed Lokuta’s removal from the bench and directed her seat not be placed on the May primary election ballot.

That order directed the disciplinary court to consider evidence Lokuta presented that tied her case to the ongoing corruption probe of the county judiciary. The court was also directed to consider whether an evidentiary hearing should be held.

Lokuta maintained the witnesses were part of a wide-scale conspiracy orchestrated by former judges Michael Conahan and Mark Ciavarella, who wanted her gone because she was a whistleblower who exposed various improprieties.

Full Article and Source:
Removal of Lokuta to be reconsidered

See also:
Ruling in Lokuta's Favor

Elder Abuse Sucks

A Society of Consumerism

Guardianship made me question my sense of values.

As someone who has worked within the criminal justice system, I honestly thought that there was such a thing being innocent until proven guilty, and consequently felt protected.

I thought that if you went to school, worked hard, followed the law, and treated others as you would like other to treat you, you would be a success.

I have realized that all my life I had mislead people; children, and myself into a lie.

The truth is that this is a society of consumerism.

If your shoes tear, they get thrown away --- it is cheaper.

If your TV breaks, you buy a new one --- it is cheaper.

If you get old, you are placed in a nursing home --- it is cheaper.

There is no value in the sentiment of things much less in the value and wisdom of old people.

There is no use for them.

They are also dispensable.

With guardianship, there is no nurturing, no bond, to anyone or anything.

Elderly Scam Gypsies

NV - More victims are contacting police to say they were scammed by two people targeting the elderly.

Judy Stevens, one of the suspects, was in court for an appearance on robbery charges. Her bail was set at $100,000. She and Rick Shawn are accused of stealing at least $91,000 from more than a dozen elderly victims.

Police now say Shawn and Stevens conned at least 19 people over the age of 73 years old in the Las Vegas Valley.

Las Vegas Metro Police now believe that the con may be a family affair. Police sources say relatives of Rick Shawn may be involved in scamming the elderly. This new information comes as Judy Stevens went to court and got a judge to reduce her bail.

CrimeStoppers photos were released in May of 2008. Police say the couple targeted the elderly and the man in the picture may be a close relative of Shawn.

Shawn is also accused of befriending a 79-year-old man suffering from dementia in Cyrpress, California and talking him into handing over $19,000. Shawn is also under investigation in Washinton, Oregon and Arizona.

Police believe there may be more victims who haven't come forward. Investigators are asking them to call the Metro Financial Crimes Unit at 828-3285.

Full Article and Source:
More Details Emerge in Elderly Scam

Revised Probate Fees

California revised the fees and costs charged by the probate Courts for probate cases. The new schedule of probate fees can be read below.

Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective January 1, 2009

Unfit To Testify in Court

Britney Spears has escaped testifying in her ongoing battle to win permanent restraining orders against three of her former companions -- a judge has declared she is not fit to take the stand.

Britney's father, Jamie Spears, who has been appointed conservator of her estate, took to the courts earlier this year in a bid to extend protective orders against former manager Sam Lutfi, lawyer Jon Eardley, and ex-boyfriend Adnan Ghalib.

A Los Angeles judge granted the restraining order against Ghalib, which will be in place for three years.

But Lutfi and Eardley are contesting the case in court, with Eardley filing papers demanding the singer testify at the hearing.

Eardley, the attorney Spears allegedly hired to fight her conservatorship case in 2008, argued that if the singer is well enough to perform a major tour, she should be able to attend court and give evidence.

But Eardley's request has been denied by Los Angeles Superior Court Judge Akiva Bobb, who upheld a previous ruling that states Spears isn't mentally fit to make her own legal decisions.

The judge told the court, "There was a finding of a judge of the Superior Court that she lacks the capacity to testify."

Full Article and Source:
Spears Ruled 'Unfit' To Testify in Court

See also:
Lawyer Says Ward Can Testify

Guardianship / Conservatorship Report

In January 2009, a study group report entitled Report of the Guardianship and Conservatorship Study Group was published by the State Court Administrator’s Office to make recommendations to the Minnesota Legislature on various issues, including the rights of protected persons and the powers and duties of guardians and conservators.

Among the report’s recommendations were to educate family members, interested persons, and guardians on the duties, responsibilities, and limitations of guardians.

Report of the Guardianship and Conservatorship Study Group

Elder Abuse Alert

An elder abuse alert has gone out to all area adult and senior centers warning of a possible financial scam targeting local seniors.

The scheme was first reported about a month ago, originating from the Willows SeniorNet Learning Center in San Jose. According to a news release, two members reported receiving calls from someone claiming to be a representative from the center and asking about financial assets and resources.

The center was notified, and the case has been referred to police. Meanwhile, the Campbell Adult Center has been on alert and warning members about the scam.

Kathy Whitcomb, senior services supervisor at the center" "The purpose of putting it in our newsletter is to educate those who get our newsletter that we in Campbell are not doing that. We just want to let them know that we at the Campbell Adult Center are not involved with this whatsoever." Whitcomb said she knows of no incidents specific to the Campbell Adult Center, but advised that residents call police immediately if they receive any suspicious phone calls.

Campbell Police Capt. Dave Carmichael said there are a number of versions of the scam going around, but they usually have a common theme.

Anyone receiving a suspicious phone call or letter is advised to call Campbell police dispatch at 408-866-2101 or the San Jose Police Department's 311 hotline.

Full Article and Source:
Elder abuse alert goes out in local newsletter, with a scam warning

Sons Challenge Will

The sons of the late Thomas J. Clifford have challenged the will filed in Grand Forks County District Court on behalf of the former UND president and asked for formal probate proceedings.

District Judge Karen Braaten has ordered a hearing June 11 on the petition.

Stephen and Thomas Clifford Jr., sons of the late president and his first wife, Florence, say in their petition that they do not know “whether the document purported to be a will … and submitted for informal probate was validly executed” by their father.

They also suggest “that circumstances surrounding the death of the decedent and the actions and statements made by the appointed personal representative, Gayle Clifford, raise the issue of the validity of the document purported to be a will.”

Full Article and Source:
Tom Clifford's sons challenge will

"Squeal Rule" Clarified

The day after the Kentucky Supreme Court announced it had approved the first major changes in lawyer ethics rules in 20 years, the Administrative Office of the Courts said some of the changes were incorrectly described in a document released to news outlets and posted on the court's Web site.

One of the errors was in the wording of a new rule that requires lawyers to report the misconduct of other attorneys and judges.

As enacted by the court, the so-called "squeal rule" says an attorney "who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects" must report it to the Kentucky Bar Association.

The high court did not, however, adopt a rule that would have allowed lawyers to report confidential information to prevent clients from committing fraud.

And it did not include in its new rules commentary saying it is professional misconduct to manifest by "words or conduct" bias based on race, sex, sexual preference and other grounds.

Full Article and Source:
Office of courts clarifies new rules on lawyer ethics

See also:
Lawyers Must Report Misconduct

Attorney Bernardini and Judge Munger

See also:
Bernardini & Munger

Puppets Imitate Life

A Grandchild's Fight

Couple Wants Bail Lowered

Attorneys representing the married couple accused of stealing more than $750,000 in inheritance money from three children in their care are asking a West Valley Superior Court judge to lower the couple's bail.

Richard and Yvonne Reyes are jailed in lieu of $1.4 million bail on charges that they depleted the inheritance money over an 18-month period starting in September 2006.

The couple was granted temporary guardianship of three children whose parents died in a murder-suicide in June 2006.

On Wednesday, Yvonne Reyes' defense attorney urged Judge Elia V. Pirozzi to lower bail from $1.4 million to $100,000.

Full Article and Source:
RC couple seeks bail reduction in inheritance theft case

See also:
Attorneys Detail Case

Drained

I felt like a failure.

I felt like I let my husband down.

It made me feel that there was something wrong with me --that I am not good enough to care for him.

They took away all my rights and freedom.

No marriage. No pride. No hope. No future.

There are days I feel like giving up and stopping the fight.

But I keep in mind if I were to do that, my husband would have no-one.

I am drained emotionally.

I cannot stay focused on my job.

I am forgetful on simple tasks.

I never used to be this way.

Ordered to Pay Restitution

A woman pleaded guilty to stealing the $30,000 death benefit paid to her uncle following the death of his wife.

While friends and co-workers of the victim have suspicions that much more money was stolen by the niece over the years, police say they were only able to prove she took the $30,000.

The police determined that between April 1, 2007, and July 31, 2007, Lisa Viola used cash withdrawals, ATM transactions, phone transactions and overdraft protection to access Alfred Viola's savings account and convert the funds to her personal use through her checking account.

Lisa Marie Viola was sentenced to seven years probation as part of the plea agreement and ordered to pay restitution of $24,099 to Guardian Services of Pennsylvania.

Full Article and Source:
Woman pleads guilty to stealing from uncle

"Inadequate Guardianship"

Did a Westchester mother go too far when she kicked her kids to the curb and drove away?

Madlyn Primoff is accused of kicking her fighting daughters out of her car and driving off.

She allegedly circled the block a few times, lost sight of the 10- and 12-year-olds, but then drove to her multi-million dollar home in Scarsdale.

According to the police report, the 10-year-old was emotional as she described her mom demanding both youths exit the vehicle when they wouldn't stop fighting. The 12-year-old was found walking home. A good Samaritan took the distraught 10-year-old to an ice cream store and called police.

Primoff spent Sunday night in the White Plains lock-up, then made bail on Monday, right after a judge hit her with a restraining order restricting her contact with her own children.

Police said the mother exhibited "inadequate guardianship" as her 10-year old wandered White Plains alone for 40 minutes.

Full Article and Source:
Mom Arrested After Kicking Bickering Kids To Curb

A Professional Guardian and a POA

A man suffering from dementia in a St. Louis Park nursing home gave power of attorney to a stranger - and no one told his wife

Last spring, Eileen Nelson moved her husband of 30 years into a nursing home. His longstanding brain injury and other health problems were making him so sick that she could no longer care for him. She didn't realize until a few months later how much she was giving up.

Though Nelson had taken precautions by getting her husband's power of attorney, he was free to sign over the same power to someone else -- in this case, a professional guardian he met at Texas Terrace Care Center in St. Louis Park. Nelson lost control of her husband's affairs and had to go to court to win it back.

By then, the woman given power of attorney, Lisa Brown had spent Scott Nelson's savings, paying $25,000 in nursing home charges, buying him a $12,000 prepaid funeral and paying herself $1,012.

Through this ordeal, Nelson learned something about Minnesota law -- a person, even one of diminished capacity, can grant signature powers to as many others as he or she wants. Although the Legislature is considering tightening restrictions on court-appointed guardians and conservators, those proposed reforms would not restrict professionals given powers of attorney.

Brown's attorney, Charles Singer, said the expenses were justified because they were part of a conventional depletion of assets to qualify Scott Nelson for state-funded health insurance. Eileen Nelson had failed to do that, resulting in a large nursing home bill and delaying her husband's move to a group home, so the nursing home and Scott Nelson himself asked Brown to step in.

Singer: "If you want to look at a story here, look at a story about a spouse that wasn't competent, and a professional was called in to clean up her mess."

But Scott Nelson, diagnosed with a brain injury and dementia, was the incompetent one, in no condition to sign away his affairs to a stranger, his wife said. A Hennepin County probate referee agreed, declaring Scott Nelson in February to be an "incapacitated person" and making his wife the legal guardian.

While reasonable people can disagree about the best care for a nursing home resident, in one important sense "every darned thing [Brown] did was wrong" because she didn't respect the husband-wife relationship, said David Jacobs, Eileen Nelson's attorney. "It's a husband that got taken over here."

Full Article and Source:
Power of attorney, yet powerless

Grandparents Lose Guardianship

When the Department of Children's Services took Alena from her mother for neglect, her grandparents jumped in. John and Cindy Moffit took her from DCS custody at 8 months, put her in her own carefully decorated room and loved her.

"Then the circus began," said John Moffit.

Alena's mother sued to regain custody, as did a woman named Terri Rivera. Rivera isn't a blood relative but claimed to have taken care of Alena before the Moffits stepped in.

Rivera had been arrested in 1999 for hiring a hit man to kill her then-husband for $500. When the hit man didn't follow through, Rivera confessed to putting black widow spiders in her husband's bed. She was charged with attempted murder for the spiders. She pleaded down to aggravated assault and solicitation to commit murder and was put on 12 years probation, which was violated in 2003 for marijuana.

The Moffits figured this was a simple case and decided to represent themselves. Surely, they thought, the court would not give Alena to a non-blood relative with such a criminal record.

So the Moffits representing themselves made a critical legal mistake in their pleadings. Opposing attorneys demanded they be removed from the case. Forced by law, the judge dismissed the Moffits' attempt to win permanent guardianship.

The judge was left to rule between the DCS-judged unfit mother and Rivera. The grandparents had no rights and no case.

Rivera won permanent guardianship.

Full Article and Source:
Grandparents Fight To Regain Custody Of Child - 2-Year-Old Given To Woman Charged With Attempted Murder

Guardianship Made Me

Made me feel 'hopeless and helpless' to protect my child from abuse and stop his pain and suffering.

Made me feel anger and contempt for the Judicial System.

Made me an outspoken Advocate and allowed me to set aside my fears and to push forward.

Made me realize that whatever work we do whether in groups or individually, it has some effect as long as we keep the 'goals' in mind:

Reform so others do not have to suffer as we did/do.

Lawyers Must Report Misconduct

The Kentucky Supreme Court made it mandatory for lawyers to report the misconduct of other attorneys and judges, as part of its first major revision in lawyer ethics rules in 20 years.

In unanimously approving what is known as the "squeal rule," the court reversed the state bar association's board of governors, which in June 2007 narrowly voted against the mandatory reporting rule.

The rule says “who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects “ shall report it to the Kentucky Bar Association.

The ethics rules, which go into effect July 15, also require reporting of such misconduct by judges.

Full Article and Source:
Lawyers must report misconduct, court says

Husband/Wife Bilk Elderly

Monroe County Court Judge John J. Connell ordered Ralph Taliento to spend 16 weekends in County Jail for Taliento's guilty plea to second-degree grand larceny. Before the sentencing, Taliento handed over a check for $6,500 to reimburse the woman for money he personally stole.

Taliento, and his wife, Lynn M. Taliento were charged in the theft of $750,000 from Shirley Gatti. Lynn Taliento pleaded guilty and was ordered to prison for two to six years in January.

Her husband pleaded guilty to helping his wife steal more than $50,000, but was responsible for repaying only the money for which he had signed IOUs.

Lynn Taliento admitted taking the money from Gatti under false pretenses, including claims that her sick child needed medical care and medication.

Full Article and Source:
Chili man to serve weekends for helping wife, R-H teacher, bilk elderly woman of $750,000

Crime Pass

A formal complaint alleging judicial misconduct against Judge Nancy F. Alley of Florida's Eighteenth Circuit Court (407-665-4330) has been filed with Florida's judiciary in an attempt to stop pre-crime immunity before this newest practice of criminal protection becomes commonplace in our federal, state and local judicial systems. Prosecutors acquire crucial testimony in return for granting post-crime immunity. Judges may now acquire undefined consideration in return for granting pre-crime immunity. As judges begin granting such passes to commit crime, our reliance upon laws and prosecutors to protect society and deter illegal activity will vanish.

Excerpt from complaint:
In this order Judge Alley grants; “REBECCA FIERLE, the Plenary Guardian of the Property and Person of the Ward, is hereby absolved of all liability and responsibility for not attempting to preserve the alleged intentions or estate plan of the Ward, except that records of the accounts at liquidation be maintained for potential distribution should any remain at death.” (underlined for emphasis)

An Executive Pardon is the common practice of excusing ones conduct after breaking a law and after court conviction. Judge Alley’s unrecognized and unprecedented Order creates a new road for illegal activity by granting (pre-crime) permission to break a law in the first place, thereby making pre-emptive immunity and pardons unnecessary.

Crime Pass - Florida Judge Grants Permission To Commit Crime

Rebecca Fierle is registered with Center For Guardianship Certification - an allied foundation of the National Guardianship Association

Guardian: "We're Not Caregivers"

Donald Taylor is under the guardianship of Legal Services of Northern Michigan. State law requires that guardians meet with their clients at least once every three months. Director Kenneth Penokie said his employees visit every other month. He would not specifically discuss Taylor's case, citing privacy laws.

Penokie: "We're not caregivers, we're decision-makers. We're fully familiar with the patients medical condition."

Taylor was admitted to Munson Medical Center late on April 7, but Louise Muma didn't find out until the next day. That, she said, was her first concern.

Muma's worries escalated as soon as she arrived at the hospital: Her father had "extreme" pressure ulcers, known as bedsores, that stretched across his pelvic area.

Her father, Donald Taylor, was a resident at Tendercare Health Center-Birchwood nursing home, 2950 LaFranier Road in Traverse City, when he was admitted to Munson.

Muma wants to know how he ended up in that condition.

Birchwood was investigated by state nursing home regulators and fined a total of almost $38,000 in 2007 and 2008 for a series of violations, including patient assaults, falls and bedsores.

State inspectors also discovered reports of physical and sexual assault among residents going back as far as 2006.

A department report indicated that Birchwood staff failed to report the incidents to the state, or protect the residents in their care.

Kim Kloeckner, Birchwood's administrator, would not comment on Taylor's condition or Muma's conversations with Birchwood employees. Staff at Extendicare Health Services Inc. of Milwaukee, which owns Birchwood, also would not comment.

Full Article and Source:
Resident develops 'extreme' bedsores

See also:
Suit Filed Against Extendicare

Lawsuit Thrown Out

When Grandma Goes to Court

Lawyers should never ask a Mississippi grandma a question if they aren't prepared for the answer.

In a trial, a Southern small-town prosecuting attorney called his first witness, a grandmotherly, elderly woman to the stand. He approached her and asked, 'Mrs. Jones, do you know me?'

She responded, 'Why, yes, I do know you, Mr. Williams. I've known you since you were a boy, and frankly, you've been a big disappointment to me. You lie, you cheat on your wife, and you manipulate people and talk about them behind their backs. You think you're a big shot when you haven't the brains to realize you'll never amount to anything more than a two-bit paper pusher. Yes, I know you.'

The lawyer was stunned. Not knowing what else to do, he pointed across the room and asked, 'Mrs. Jones, do you know the defense attorney?'

She again replied, 'Why yes, I do. I've known Mr. Bradley since he was a youngster, too. He's lazy, bigoted, and he has a drinking problem. He can't build a normal relationship with anyone, and his law practice is one of the worst in the entire state. Not to mention he cheated on his wife with three different women. One of them was your wife. Yes, I know him.'

The defense attorney nearly died.

The judge asked both counselors to approach the bench and, in a very quiet voice, said,

"If either of you idiots asks her if she knows me, I'll send you both to the electric chair."

When Grandma Goes to Court

$4M Theft From Estates

Attorney J. Edward Moyler Jr. has surrendered his law license after admitting that he took more than $4 million from clients’ estates.

Moyler, who had practiced law in Franklin for 54 years, disclosed in Southampton County Circuit Court that he took money from four clients while acting as executor of their wills.

The bulk of the money was taken from the estate of Lucille K. Steinhardt, who died in October 2000.

Judge Designate William C. Andrews III entered judgments against Moyler, including one for $4,072,363.76 to the Steinhardt estate. Three other judgments were issued as well — one for the estate of Mallory Kenneth Brown for $103,000, another for Robert E. Pretlow Jr. for $55,559.87 and $17,347.33 for the estate of Issac Buster Rudolph Teachy.

Full Article and Source:
Lawyer admits to $4M theft

Legislators Raising Court Fees

The state's budget crisis is about to hit Floridians where it really hurts: their wallets.

Facing an unprecedented economic crisis, legislators are proposing to balance the state's $65 billion budget with hefty fees that will touch almost everyone. Rates will rise on anyone who drives a car, visits a state park or produces household garbage, as well as on some of life's least appealing prospects: foreclosure, divorce and death.

Court fees
More than $300 million could be raised through a new "graduated" court-fee system, which would charge wealthier residents more.

Death tax: Both chambers propose a new $20 fee for recording burial rights. People reserving a grace space, underground crypt, mausoleum and the like would be required to register the purchase with the county clerk and submit a $20 payment. (Revenue: indeterminate)

Probate cases: Filing fees would rise for probate cases, which involve taking guardianship of someone who is elderly or disabled or settling the estate of a deceased person. The current $280 charge would rise on a sliding scale. For cases involving estates valued at $50,000 to $250,000, the filing fee would increase to $1,000; for estates of $250,000 to $1million, the fee would increase to $2,000; for estates of $1million or more, the fee would increase to $5,000. (Revenue: $63.5 million)

Full Article and Source:
Florida legislators propose fees that would hit your wallet hard

See also:
FL Senate - House 5117: Relating to Court Finances

Conservators and Lawyers Line Up

I find it very interesting that the county has stepped in to take temporary conservatorship of Phoebe Hearst Cooke’s estate to protect her from the wolves and scammers, but I wonder who will be protecting her from the county’s conservators and all the lawyers who will be lined up, always eager to help an old lady in distress.

Source:
Who's on her side?

See also:
Tentative Ruling to Seal Records

Conservatorship Filing System Online

On Wednesday, people learned how to use the court's new on-line accounting system for conservators, people appointed by the court to make financial decisions for their elderly relatives or other vulnerable people.

Ramsey County officials say the new online conservatorship system tracks assets, expenses and files annual reports.

Through electronic auditing, the program alerts the court to anything that doesn't seem quite right. A forensic auditor also takes inventory.

Dean Maus with Ramsey County Probate Court: "We're looking at the conservator and what they've been doing over the years, how they've been handling the money and not just looking for fraud but helping the conservator if there are some accounting issues they need to deal with."

Full Article and Source:
High-tech Ramsey Co. tracking system helps elderly protect finances

Is Britney Over-Medicated?

Britney Spears is said to be ‘convinced’ that her father Jamie Spears is giving her an increased dosage of her anti-anxiety drugs.

The singer was placed under her fathers control following her very public breakdown which saw Brit famously shaving off her blonde locks.

Jamie, who has so far seemed to be doing a great job as Spears’ conservator has allegedly been increasing Britney’s dosage of the drugs Valium and Ativan in fear the singer may go off the rails again.

Full Article and Source:
Britney 'Drugged' By Father?

See also:
Lawyer Says Ward Can Testify

Lutfi Files Suit

Conservatorship is "Officially Made Permanent"

Judge Tells Lawyers to Sue Each Other

Plaintiff's lawyers embattled over who gets to represent a deceased man's estate were told by a local judge to sue each other in order to sort out the mess.

Judge Bob Wortham, Jefferson County 58th District Court, made the recommendation during an April 9 hearing over one of the lawyer's motion for a continuance in a controversial probate case.

The hearing was part of legal proceedings surrounding the estate of Emery Bowie, who died Aug. 9, 2007, without leaving a will. Aside from probate issues, family members are at odds over different contracts that have been signed with various attorneys.

Since his death, Bowie's family and their lawyers have been warring over the estate and quarrelling over who is entitled to receive the bulk of possible proceeds from a recent wrongful death lawsuit filed in Jefferson County.

Full Article and Source:
Judge tells squabbling plaintiff's lawyers to sue each other, allows complex probate case to continue

Attorney Speaks Out

"The present system of electing probate judges should be abolished ... The selection, retention and promotion of judges should be based upon merit and not primarily on political factors or seniority. The need for separate probate courts has not been demonstrated. The Circuit Court [should] be consolidated into a new court of general trial jurisdiction to also include the Superior Court, the Court of Common Pleas, the Probate Court and the Juvenile Court."


These recommendations were among the calls for action in the First Citizens Conference on the Connecticut Courts, adopted in May 1971 and sponsored by the American Judicial Society. The 750 attendees were broadly representative of the state's citizens. After the conference, they created the Connecticut Citizens for Judicial Modernization and spent the next 15 years supporting efforts to effectuate their recommendations.

When the General Assembly was considering the creation of a unified trial court in 1978, however, the sponsors cautioned that the merger should exclude the probate court because of the political power of the probate judges and their allies in the legislature, which might result in defeat of the legislation.

This resulted in the merger of all the trial courts except for the probate court; the establishment of a Judicial Selection Commission to screen candidates for judicial appointment, except judges of the probate court; establishment of a Judicial Review Commission to review complaints as to judges, except judges of the probate court; and consolidation of administrative and financial functions, except those of the probate court.

There are 117 probate courts staffed by a probate judge and clerks. The court's income comes from fees for filing documents and conducting hearings. A small amount is received from the state for matters relating to indigents.

In 2006, 56 probate judges received more than $50,000, 11 judges received more than $100,000 and 11 judges received a minimum of $20,000. All received health insurance and retirement benefits. With rare exception, the probate judges are part-time, and they are free to have other employment.

Some part-time judges have an active probate court practice that brings them before fellow judges. Judges appoint lawyers to serve as guardians, conservators, etc., and they are paid by the people involved or estates. Ethical issues have been reported.

Since 1978, studies have recommended restructuring or abolition of the probate court. But there has been little significant change aside from increasing the power of the probate court administrator, increasing fees and requiring more filings. Efforts to adopt the Uniform Probate Code, which would reduce the required filings by at least 50 percent, as well as the costs of probate, have been resisted — presumably because this would decrease the money needed to provide the salaries and benefits for the judges and their staffs.


•Peter L. Costas is a lawyer in Hartford. He was one of the managers of the First Citizens Conference on the Connecticut Courts and a legal adviser to the Connecticut Citizens for Judicial Modernization.

Full Article and Source:
Probate: Last Bastion Of Patronage

More information:
Only in Connecticut: Is real probate reform 'too much, too soon?

See also:
Non-Lawyer Judges Fight Reform

Will Reform Finally Happen?

Nursing Home Ratings Not Accurate

"Ratings don’t function well to explain abuse"

The Oklahoman founder of a national watchdog group for nursing homes called state and national governments to action to change how substantiated abuse cases are cited and how they influence the rating of nursing homes on the federal Medicare.gov Web site.

Because families of nursing home residents rely heavily on this rating system, the information there needs to be accurate and complete, he said. Otherwise, the whole system should be taken away.

During a town hall meeting, Wes Bledsoe asked the audience members what they would like to know about a nursing home if they were searching for one for a loved one. They all agreed they would want to know if there has been mistreatment or any kind of abuse.

He went through numerous Minnesota Department of Health reports. Many showed there was substantiated abuse. But because the facilities self reported the incidents and implemented a plan of correction before the state health department arrived, they were not cited any deficiencies.

In fact, more than 80 percent of the cases where abuse was substantiated in Minnesota over the last four years, there were not any deficiencies cited.

Full Article and Source:
Nursing home crusader calls for change

See also:
Nursing Home Ratings

EA Advocate Holds Meeting

Community Outrage

Guardian Evicting Hero

A mother and children are facing eviction in a dispute with the family of a woman whose life their daughter saved.

Missy Kowalski, who suffers from a heart defect, crawled through a window to rescue her 84-year-old landlady who spent 15 hours lying on the floor after a fall.

Missy's mother Deb Gordils has always paid the rent on time but relatives of landlady Kathleen Slattery, who died on Saturday, want the family to move and sent an eviction notice March 13.

Slattery's niece and legal guardian is Mary Siwak.

In probate court, Siwak's attorney told a judge that Gordils has been telling "anyone who would listen" that Siwak and a caregiver are responsible for the death of Slattery by over-medicating the woman.

An agreement to allow the family to remain in the apartment until June 1 has been reached.

Source:
Girl who saved landlady faces eviction

More information:
Gordils said Slattery once told her "that she wasn't happy with other people making decisions, and she mentioned to me that she felt she was being over-drugged. I advised her to talk to her doctor. That's all."
Landlord's family evicting hero

Mixed Emotions

I cry.

It is like I lost a part of me I can no longer find.

I am often sad.

I think back to everything I have been forced to go through unnecessarily, and question, how I have been able to endure it.

I feel angry.

I do not know what to do at the time, or if things would have turned out differently if I had been able to do more, or done less.

I feel frustrated.

Unless I am actively “getting back” by spreading the word, like a little child, telling people that I am hurting, and pointing my finger to those who have done it!

I get nasty or sarcastic.

I try or tell people about what happened to my mother and they look away uninterested or question the veracity of what I am saying.

I find myself saying that they will think of me when it happens to them;

but it will be too late.

Trial to Determine Guardianship

A trial to determine guardianship of the sons of a missing Northland mother will be held July 31, a Clay County judge ordered today.

Linda Lockwood, the mother of Renee Pernice, is seeking guardianship of her missing daughter’s children.

In a previous court filing, Lockwood contended that the father of her grandchildren, Shon Pernice, was unfit to be a parent and unable to care for the children.

Lockwood and her husband, Douglas Lockwood, made the filing in March. She noted in the petition that her daughter has been missing since early January and that the Clay County prosecutor has said there is substantial evidence she is dead.

Full Article and Source:
Trial date set in Pernice guardianship case

More information:
Hearing Held About Custody For Pernice Boys

Trial date set for custody battle involving missing Kansas City mother's children

See also:
Grandmother Seeking Guardianship

Slashing $75M From Programs

Lawmakers are slashing $75 million from programs for the elderly - including two aimed at keeping seniors out of nursing homes, which cost about 10 times more than home care.

The elderly are among the casualties of a $6 billion spending gap forcing lawmakers to slash programs and services, raise taxes and fees and drain trust funds.

Also on the chopping block:

$16 million in mental health and substance abuse programs that could leave 28,000 without help.

More than $4 million from $10 million in spending on intervention programs to keep at-risk children in their homes.

The House budget also cuts $7 million and 154 positions from the guardian ad litem program that represents abused and neglected children in court.

12.5 million to house delinquent children while the House maintains that funding.

Despite nearly $1 billion in federal stimulus money to increase Medicaid payments, the Senate used that money to pay for other programs and replaced it with about $900 million in a $1-a-pack cigarette tax that hasn't even had a hearing in the House.

The House did not give any money to a program to help foster children prepare for living on their own; the Senate includes just $500,000.

Full Article and Source:
Florida lawmakers slash $75 million from programs for the elderly

What caused Dennis Long to snap?

For two weeks in late March and early April, a 49-year-old man named Dennis Long repeatedly called and tried to convince Riverfront Times to write an investigative story about his sisters. He claimed they were conspiring to keep him from seeing their mother, who was afflicted with Alzheimer's and lived at St. Sophia Health & Rehabilitation Center, a nursing home.

He continued to phone several times a day. When his calls weren't picked up, he left panicked messages, pleading for a call back.

On Wednesday, April 1, the calls to the paper stopped. On Friday Long was all over the local news.

He stole a Mercedes-Benz, doused himself in gasoline, lit a match and crashed the car through the front door of St. Sophia, injuring one resident and causing minor fire and structural damage to the building. He was taken to the burn unit at St. John's Mercy Medical Center, where doctors used drugs to induce a coma.

Over the weekend on April 3, police discovered that before the crash, Long took a hammer and nearly beat to death a 51-year-old woman named Joyce McGill. The owner of the wrecked Mercedes, McGill was a friend who had taken in Long and given him a place to live.

Long was his mother's legal guardian for several years. The pair lived together in a home in south city. Long was unemployed. He had HIV, so he received a disability check. Combined with his mother's social security, it was enough to live on. In 2007 Charlene Jones, Long's eldest sister, sued for guardianship of their mother and won when Long didn't show up for the court hearing.

Whenever he called, Long spoke of nothing but how desperately he wanted to see his mother. He kept a running tally of how long it had been since he had seen her. His last report was that it had been 115 days.

"I know this is not right. My sisters playing politics and telling lies. I got like five sisters — all of them was involved in setting me up and trying to take my mom from me and everything. They all in it together. They like criminals."

Full Article and Source:
Diary of a Mad Man: Dennis Long tried unsuccessfully to interest Riverfront Times in his story. Then he went out and made news

Charm, Lies and Threats

Three people used charm, lies and threats to persuade an elderly woman to give them more than $100,000 before they were arrested, according to Buffalo police.

Possibly as far back as 2002, the three became acquainted with the victim and came up with a variety of reasons why she needed to give them thousands of dollars at a time from her bank account.

Their hard-luck tales turned to threats of violence if the flow of money stopped, and the scheme ended only after Erie County Adult Protective Services alerted police.

Mary Weeden, Regina Weeden, and Belton Bruce face charges of grand larceny, conspiracy and aggravated harassment.

Full Article and Source:
Three accused of extorting $100,000 from elderly woman

Woman Gets Prison

A woman who stole from her 75-year-old Alzheimer's Disease-afflicted mother was sentenced to prison.

Circuit Judge Cynthia Raccuglia sentenced Danette E. Duffy to six and a half years in prison for the offense of financial exploitation of the elderly. The maximum sentence possible was 15 years in prison. Duffy could leave prison in less than three years.

Duffy's husband, Dennis P. Duffy, pleaded guilty to the same charge and was sentenced to 48 months of probation. He spent 116 days in custody after he and his wife were arrested. Danette Duffy had been free on bond.

Danette Duffy had power of attorney over her mother, and with her husband, stole about $134,640 between December 2005 and July 2008.

Full Article and Source:
UPDATE: Woman gets prison for ripping off mom

More information:
UPDATE: Wife's sentencing put off in rip off case

Woman sent to prison for bilking mom of $135,000

Robbed

I was one of the primary caregivers for my Grandmother.

I deeply resent all the time I had to spend fighting for her when I could have spent that time just being with her.

Guardianship victims are robbed of so much more than money.

Protect, Detect, Report

"Elder Financial Abuse: The Crime of the 21st Century" will be the opening address at a Hawaii Anti-Fraud Conference April 25 at the Hawaii Convention Center.

Mary Twomey, co-director of the Center of Excellence in Elder Abuse and Neglect, University of California, Irvine, will be the guest speaker.

The state Executive Office on Aging and Senior Medicare Patrol Hawaii are sponsoring the event, "Protect, Detect, Report," with the City and County of Honolulu's Elderly Affairs Division.

The conference, from 8 a.m. to 1 p.m., will focus on exploitation of seniors in fraudulent health care and financial schemes.

The registration deadline is April 20. The cost is $10 for seniors age 60 and older and $30 for non-seniors. The fee includes a continental breakfast, late-morning snack and conference materials.

Program and registration information is available at the Executive Office on Aging, 586-0100.

Full Article and Source:
Conference to focus on financial abuse of seniors

Secrets In America

Elder Abuse is Taking a Tragic Toll on Seniors

From big cities to small towns, seniors are vulnerable to physical, emotional and financial abuse. Experts estimate there up to 2 million cases of abuse each year in the U.S, and with the number of seniors in the United States estimated to grow to more than 70 million by the year 2030. Seniors are at great risk.

Secrets in America brings you experts from across the United States and people whose lives have been forever changed as a result of this crime.

Secrets In America - The Crisis of Elder Abuse

Attorneys Detail Case

When Monrovia fire Capt. Fernando Rodriguez killed his wife and then himself in June 2006, the couple had about $750,000 in inheritance money for their three children. In a suicide note, Rodriguez said he wanted his friends, Richard and Yvonne Reyes, who he met through his kids' youth sports, to raise the children.

The deceased mother's family agreed, as did an attorney for the children. The Reyeses were granted temporary guardianship of the children in September 2006.

Over the next 18 months, the Reyeses used the children's $750,000 inheritance - from their parents' pension benefits, life insurance and Social Security - as a personal discretionary fund, said Casey Hull, an attorney who represents Fernando Rodriguez's parents.

In single visits to the bank, Richard and Yvonne Reyes would withdraw tens of thousands of dollars in cash from the kids' accounts, Hull said.

By last June or July, the $750,000 was all but drained.

The Reyeses have refused to answer questions about what happened to the money.

When they were hauled into court on it, they basically said they had no more left.

Prosecutors charged Richard Reyes with seven felony counts, including three counts of grand theft and two counts each of forgery and using a forged instrument for filing. Yvonne Reyes is charged with three counts of grand theft.

Full Article and Source:
Attorneys detail alleged RC theft

See also:
Theft of Guardianship Funds

CPS Overruled Efforts

Two attorneys tasked with managing the FLDS child-custody case severed their ties with the state after being overruled in their efforts to terminate the parental rights of Warren Jeffs and other residents of the polygamous YFZ Ranch.

Charles G. Childress and Jeff Schmidt in separate interviews described frustration with the state's Child Protective Services agency that led both men to leave the case.

As the state's investigation continued, both men said they saw evidence to warrant filing motions seeking termination of parental rights on a number of cases - at least 10 and perhaps more, the attorneys said.

Instead, they said, they were overruled by leaders of the Department of Family and Protective Services, which runs the agency.

Full Article and Source:
Attorneys: CPS overruled efforts to end rights for some FLDS parents

See also:
CPS Drops Case

Stealing From Patients

NC – Police need help identifying a woman caught on a surveillance camera stealing from hospital patients.

Police say the woman has been walking into rooms at Carolinas Medical Center and other hospitals taking credit cards and other possessions from patients.

If you know who she is, you're asked to call Crime Stoppers at 704-334-1600.

Source:
Woman accused of stealing from hospital patients

Guardianship Taught Me ---

--- to mistrust people.

--- to disrespect attorneys and judges.

--- to feel threatened.

--- to believe that Nazism does exist.

No Conservatorship for Falk

A judge refused to establish a conservatorship for Peter Falk, but has scheduled testimony to decide whether court intervention is necessary to allow visits between the ailing actor and his daughter.

Los Angeles Superior Court Judge Aviva K. Bobb scheduled an evidentiary hearing on May 27 to try to determine how close the "Columbo" star was to his adopted daughter, Catherine, before falling ill.

For much of the hearing, Bobb seemed inclined to rule against Catherine Falk and allow the actor's wife of more than 32 years to continue to manage his care and affairs.

Full Article and Source:
Judge leans against Falk conservatorship

See also:
Conservatorship Spat Continues

Judgement Against Seller of Living Trusts

Shortly after certifying a class action against The Estate Plan, a company accused of preying on senior citizens in Texas and Arkansas, U.S. District Judge Harry F. Barnes granted plaintiffs a default judgment for more than $16 million.

The Estate Plan and other living trust sellers are facing allegations of "masquerading as qualified financial advisers, estate planners, lawyers, and paralegals" to "exploit and prey" upon senior citizens with the creation and selling of "unnecessary and often useless" living trusts.

The original class action was filed against 12 defendants in the Circuit Court of Miller County, Ark., on Dec. 19, 2007, and transferred to the Texarkana Division of the Western District of Arkansas on Feb. 5, 2008.

Plaintiffs allege the defendants created and sold living trusts as part of a scheme to gain access to senior citizens' financial information in order to then sell annuities and other financial products.

Defendants are accused of fraud, unauthorized practice of law, negligence, breach of fiduciary duty and conspiracy.

One of the defendants, The Estate Plan, was severed from the original lawsuit on June 12, 2008, after failing to answer the complaint which resulted in the default judgment.

The final judgment orders The Estate Plan to pay approximately $2.5 million in compensatory damages, $10 million in exemplary damages, $4.16 million in attorney fees, non -taxable costs, and post-judgment interest.

Full Article and Source:
$16 M default judgment entered against seller of living trust

Probate Court Guardian Charged

Police say a 37-year-old woman serving as a guardian appointed by the probate court is being charged with embezzlement.

Montpelier police says Debbie Hickory used more than $13,000 designated for a ward of the court for her own use.

Full Article and Source:
Probate court guardian facing embezzlement charge

Intense Personal Reactions

The Herald received intensively personal reactions to the story about how the guardian system works. They used the case of William Nagle.

Attorney Bob McKinley represents the corporate guardian for William Nagle, Chippewa Family Services, Inc. of Chippewa Falls. He thought it was unfair mentioning his client in the same story that also mentioned the Minnesota case. "There are abuses in the system. The problem in this case is not the guardian."

A woman who identified herself as Chuck’s sister: "My problem is the way you presented the information about Chuck being barred from any communications with CFS makes it appear as though all of the Nagle family behave childishly. That is soooooooo far from the truth. Chuck is the only one behaving in an irrational and childish manner."

A man identifying himself as Chuck’s brother: "Chuck Nagle’s statement that ‘family members couldn’t agree what should happen next’ could have been better stated that he didn’t agree with other family members’ agreed-upon plan."

But the article was always intended to be more than what he and the Nagle family have encountered dealing with the courts and each other.

Wisconsin’s guardian system is a secret system designed to protect the vulnerable. But it is secrecy that carries a price.

There are good and bad guardians. But families of people being protected by the secret system deserve more than a once-a-year disclosure of how their loved ones’ finances are being spent.

Guardians should be required to provide an accounting to the courts of how the money is being spent at least twice a year, if not quarterly.

A better accounting by guardians of the initial assessment of the vulnerable person’s assets is also necessary, so that potential financial problems would become apparent early on in the process.

Full Article and Source:
Column: Personal reactions follow guardian story

See also:
Pitfalls of The Guardian System

More information:

The court's answer to a family feud is a forced guardianship/conservatorship!
Stop Guardian Abuse - An Open Door

Trading Crooks

In 1997 my mother just wanted nothing to do with me.

I am an only child and she is an only child.

She surrounded herself with nothing but a set of crooks and people that she never liked.

So I took her into court.

All I did was trade one set of crooks for another.

The conservator had me barred from the house.

She had a housekeeper that took my mother to a check cashier and then stole a check that was going to the house.

I spent a lot of money to protect my mother.

I had to protect my mother against the crooks and the people representing the courts.

I did legally fight the conservator and got her money cut by 75 percent.

However, this was very costly and my life was just put on hold.

I will never be the same person.

Fierce Fight Over Multimillionaire Will

Harvey Strother was a multimillionaire with a small empire of car dealerships, but when his mistress wheeled him into his lawyer's office to change his will one last time, he was a wine-soaked shell of his former self.

Less than a month from death, he was chugging a gallon and a half of wine each day, court records say. But his mistress, Anne Melican, contends he knew what he was doing when he changed his will in December 2003 to guarantee her about $6 million of his $37 million estate, including a condo in Cape Cod, Mass., and boat slip in Marco Island, Fla.

The last-minute changes are the focus of a fierce legal fight involving some of Georgia's most powerful attorneys. On Monday it landed before the Georgia Supreme Court for the second time.

A two-week trial in July 2008 satisfied no one. The jury sided with Melican on two of the three amendments and with Strother's family on the third. Both sides appealed, leading to Monday's return trip to the state's top court, where they sparred over the finer points of Georgia estate law.

Full Article and Source:
Millionaire's mistress battles his kin over estate

Wanted on Aggravated Sexual Assault

TX - Crime Stoppers is rewarding up to $5,000 for tips leading to the arrest of a 48-year-old man wanted on child-related charges.

Marcus Paul Jones is wanted on Aggravated Sexual Assault of a Child and Indecency with a Child charges, according to a Crime Stoppers statement. Charges were filed against him after Harris County detectives investigated allegations he inappropriately touched and sexually assaulted a then 6-year-old boy.

The boy, who is now 14, allegedly told investigators the incidents occurred on several occasions, according to the statement.

Jones is described as a white male with brown hair and brown eyes. He is 6 feet tall and weighs 160 pounds. His last known address is near the 13000 block of Woodforest Boulevard in Houston.

Anyone with information regarding Jones' whereabouts is encouraged to call the Crime Stoppers hot line at 713-222-8477 or submit an online tip at http://www.crime-stoppers.org/

All tipsters remain anonymous.

Source:
Man Wanted on Child Sex Assault Charge

Too Many Placed in Foster Care

A task force has concluded the same thing several judges have been saying about Michigan's child welfare system: The state is too quick to permanently terminate parental rights, throwing too many children into foster care. That was among the deficiencies cited in a draft report by the Michigan Child Welfare Task Force.

The task force, established by Human Services Director Ismael Ahmed, said a disproportionate level of state funding goes to programs such as foster care or group living that pull children from their homes. Not enough is being spent on programs to quell abuse or delinquency.

Judge Kenneth Tacoma: "The foster care system can't handle the influx of additional children made "legal orphans" under a 1996 law change that increased parental terminations."

Judge Milton Mack and others have recommend that terminations be slowed and judges be given more discretion. Judges should be able to appoint temporary guardians, they say, and if the parents can be rehabilitated, the children could be returned to them.

Full Article and Source:
Too many children are unnecessarily placed in foster care

NASGA - NHDD

NASGA
National Association to STOP Guardian Abuse


http://www.stopguardianabuse.org/

http://nasga-stopguardianabuse.blogspot.com/

PRESS RELEASE
For immediate release

April 16, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
___________________________________________________________________

National Healthcare Decisions Day
April 16, 2009

Today is a day devoted to truth, reality, protection and intimacy.

The truth is: every one of us will be physically or mentally vulnerable at some point in our lifetime. We don’t want to think about it for ourselves, or even worse, for our cherished parents, grandparents, or even our children.

The reality is: we are all human beings who, despite our best efforts to stay young and/or healthy, will one day have to face the inevitable.

When that happens, we may not be able to speak for ourselves or even make our wishes known; and we could even be totally helpless.

Today, National Healthcare Decisions Day, should remind you of the opportunity to arrange for future protection to avoid the day when that will not be possible.

“Aging With Dignity” (http://www.agingwithdignity.org/) offers “Five Wishes” – an intimate discussion with your family/loved ones, and physician - of your personal, emotional, spiritual and medical needs, stating specifically:
1. Which person you want to make health care decisions for you when
you can't make them;
2. The kind of medical treatment you want or don't want;
3. How comfortable you want to be;
4. How you want people to treat you; and
5. What you want your loved ones to know.

NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships. Uncaring or corrupt courts have rendered many of our members powerless to protect their loved ones at their end of life. They have been shut out of medical decisions and medical records; unable to free their loved ones from forced incarceration in nursing homes and forced chemical restraints. And they have been fighting tirelessly for their loved ones’ rights and liberties, most often to no avail.

While our members know firsthand that executed advance directives are often disregarded in favor of unlawful and abusive guardianship/conservatorships, nonetheless, it is for that very reason we attempt to educate people that they must take every preventive measure to protect themselves for the future. We must do this for ourselves and our family members.

NASGA wholeheartedly endorses “Five Wishes” on this important day, and we hope people of all generations will honor their family and caregivers with an intimate discussion of their own “Five Wishes.”

For more information on unlawful and abusive guardianships/conservatorships, visit NASGA’s website at http://www.stopguardianabuse.org/ and the NASGA blog at http://nasga-stopguardianabuse.blogspot.com/

See also:
National Healthcare Decisions Day