Saturday, August 8, 2009

Appeals Court Sides With Octomom

An appeals court has sided with octuplets' mother Nadya Suleman in her legal battle with a former child star over whether Suleman's 14 children should have an independent guardian to protect their finances.

The 4th District Court of Appeal stayed a lower court ruling siding with former Disney Mouseketeer Paul Petersen, who had taken Suleman to court over the issue. Last month, an Orange County judge agreed to appoint a guardian to examine the finances of the children.

Petersen, who is now an advocate for children in the entertainment industry, had alleged that video shot of Suleman's children violates a law aimed at protecting child entertainers from overwork. The suit seeks to create an independent trust for the children. Suleman said there was no need for a guardian.

Full Article and Source:
Octuplets' mother wins child labor case on appeal

More information:
Appeals court overturns Suleman octuplets guardian

See also:
Guardianship - Nadya Suleman

Booted From Marine Corps

At age 8, Josh Fry was diagnosed with autism.

When Fry turned 18 in 2006, he was deemed unable to make major decisions for himself by the California courts. The federal government approved his disability and made Social Security payments to help provide for his care.

But in 2008, no one blinked when a Marine recruiter picked up Fry from a group home for mentally ill adults and took him to the Costa Mesa recruiting substation. Nine days later, Fry was standing on the yellow footprints.

On July 20, 2009 — after 18 months in the Corps, 12 of them confined in the brig — Pvt. Josh Fry was court-martialed for fraudulent enlistment, unauthorized absence and possession of child pornography. He was sentenced to time served plus three years probation, tossed from the Corps with a bad-conduct discharge and ordered to register as a sex offender.

Left unexplained in the whole mess, however, is how a man such as Fry could be recruited into the Marine Corps in the first place, make it through boot camp and get sent on to infantry training during war time.

Full Article and Source:
Autistic Marine booted from the Corps

See also:
Marine Recruiter Ignores Conservatorship

Ruling in Favor of Brando Trust

The State of California Court of Appeal has ruled in favor of the Brando Trust and decided against an appeal made by plaintiff Deborah Brando (nee Presley) who petitioned to revoke the decision of the probate May 2007 court orders upholding Avra Douglas, Larry Dressler and Mike Medavoy as co-executors of the Brando Estate.

The Court of Appeal decision represents the third failed attempt by the Plaintiff to challenge the will and reopen the estate.

The Court of Appeal's decision affirms the probate judgment on two grounds: (1) The petitioner does not have standing to challenge the will; and (2) her attempt to challenge the will is untimely. The Court of Appeal awarded Douglas, Medavoy and Dressler their costs on appeal.

The Court of Appeal's decision affirms that Plaintiff's attempt to disturb the closed estate of Marlon Brando was improper as a matter of law. The opinion also confirms that Plaintiff has no interest in the Estate of Marlon Brando and that her attack on the closed estate is untimely.

Full Article and Source:
Brando Trust Wins Victory in State of California Court of Appeal

See also:
The Brando Wills

Friday, August 7, 2009

Widow Granted Guardianship

The widow of former Tennessee Titans quarterback Steve McNair has been granted the right to act as guardian for her children's inheritance.

In a hearing held inside a judge's chambers on Wednesday, Mechelle McNair was granted guardianship of her two children, 5-year-old Trenton and 10-year-old Tyler.

She already has been appointed the administrator of her husband's estate, and a judge gave her 60 days to complete an inventory of her husband's assets. He didn't leave a will.

Full Article and Source:
Steve McNair's widow named guardian

More information:
Steve McNair Dead

Agent: McNair Had Unsigned Wills

Steve McNair's estate not an issue for family, agent says

Steve McNair foundation's future is uncertain

McNair's wife to oversee estate

CPS and Legalized Kidnapping

The suffering endured by Africans who were kidnapped from their native land and brought to America as slaves is sometimes referred to as the Black holocaust, which some say ended years ago but, that is not the case according to parents who have had their children taken from them by the Denver Department of Human Service (DDHS) or the Adams County Social Service Department (ACSSD). Jo Nash-Conner’s son Quentin, 10, currently resides at Mount St. Vincents Children’s Home (MSVCH), a facility which proclaims to provide programs and services to “help children with a wide range of emotional and behavioral problems.”

Nash-Conner, however, has not found the center to be helpful and instead has been disallowed from visiting her son and has not seen him since February. The mother’s horror story began just over a year ago and is outlined in a typed statement entitled “A Declaration and A Desperate Mother’s Cry for Justice.”

She said: “My 10-year-old son was kidnapped by the Child Protective Services (CPS) Department of DDHS on March 20, 2008.”

Full Article and Source:
Child Protective Services & the Business of 'Legalized Kidnapping'

Seniors Defend Medicare

One of the largest spending cuts Congress could rely on to pay for an overhaul of the nation's health care system comes from a Medicare program President Obama has called a "wasteful" subsidy for the health insurance industry.

Debate over Medicare Advantage, which has 10.2 million enrollees — about one-fifth of all Medicare participants — illustrates a broader struggle Congress and Obama face as they look for ways to pay for a $1 trillion overhaul of health care without raising taxes on the middle class or compromising care.

It has raised concerns among some seniors who might have to pay more for the program or enroll in regular Medicare instead.

A Gallup Poll found only 20% of Americans over 65 say an overhaul will improve their health care — the lowest showing of three age groups.

Full Article and Source:
Seniors defend Medicare plan Obama calls 'wasteful'

More information:
Seniors Most Skeptical of Healthcare Reform

Thursday, August 6, 2009

Judge Closes His Courtroom

The double murder trial of Frank Garcia begins today, and it’s sure to generate high interest in the community.

But key information is being kept from the public. On Monday, an Ontario County judge closed his courtroom for part of a pretrial hearing.

The closure in this case, along with the sealing of records in the Max M. Farash guardianship case, fly in the face of the U.S. Constitution, which guarantees open trial procedures. Citizens need to know how justice is being meted out.

Garcia’s lawyer, David Morabito, asked Judge Craig Doran to close the courtroom during a discussion of specific acts in Garcia’s past he could be questioned about, should he decide to testify. Doran agreed.

In the Farash guardianship case which involves personal wealth of up to $500 million, public access is being denied. Many files in that case remain sealed from the public, despite the fact that Supreme Court Judge John Ark recently rendered a ruling. Appropriate files, such as an accounting of money spent by the guardian, should be made public.

Full Article and Source:
Judge erred in closing courtroom in Garcia double-murder hearing

Online Adult Abuse Registry

Delaware residents who need a caregiver for their elderly loved ones now have an easier way to check up on a potential hire.

The state has activated an online Adult Abuse Registry that anyone can access to learn whether a caregiver has been investigated by the Department of Health and Social Services for a complaint of abuse, neglect or financial exploitation of the elderly.

The registry has existed for years, but not on the Internet. Previously, anyone making a request to check a name would have to do so in writing and wait for weeks to get the results. With the online registry, the results are instantaneous.

House Majority Whip Valerie J. Longhurst: "I hope this gives people the peace of mind that they can get information and access it quickly."

Longhurst sponsored House Bill 165, which created the online registry and requires health care providers, nursing homes and similar facilities to use it before making a hire. The bill -- championed by AARP of Delaware -- passed the House and Senate unanimously and was signed by Gov. Jack Markell on June 30.

Full Article and Source:
Registry offers instant access to elder care complaints

A Will and A Way

See also:
Katherine Jackson Granted Permanent Guardianship

Katherine Jackson Withdraws Petition

Wednesday, August 5, 2009

Beware! Do Not Move to Florida

My mother was and continues to be victimized by the Miami-Dade County Probate/Guardianship Administrative Judge Maria M. Korvick, who forced mother to stay at a nursing home which I had reported to the Elder Abuse Hot Line for Abuse.

One of my complaints was that mother was been kept overly medicated with psychotropic drugs as a mean of restrain and kept isolated in her room, in fact, I reported the nursing home after I found my mother on the floor, blind on one eye- which was the reason she was there to rehab.- with all the lights off, curtains and window blinds closed, radio blasting as to drown my mother's plead for mercy and help.

Judge Maria M. Korvick, sent a group of 3 people which included a layman,to determine if mother was incapacitated, they claimed she was. I say she was drugged and isolated after the traumatizing experience of loosing the sight of one eye being on her 80's and independent all of her life. In addition, I was with mother in her room at the time these people claimed to have been talking to her.

Judge Maria M. Korvick appointed a professional guardian instead of me to look after my mother. Mother lost the sight of her "good" eye, at the above mentioned nursing home, and under the "supervision" of this professional guardian - WHO RECEIVED NO CONSEQUENCE, FOR HER LACK OF ACTION, ON BEHALF OF MY MOTHER'S BEST INTEREST.

Judge Maria M. Korvick also appointed my brother Antonio Torrent Jr. who used to have a law firm and was a practicing attorney, but has been in a psychiatric disability way before mother became involved with the guardianship court; GUARDIAN OF THE PROPERTY, WHICH IS AGAINST THE FLORIDA STATUTES... see Florida Statutes Section 744.309 (3), the same day of the closing on her home- which was sold to pay the guardians and their attorney's,etc.

When everything mother owned was taken from her, while forced to stay at a nursing home, (not understanding why she HAD to stay there and asking why did the Judge Ordered that she stay there if she had done nothing wrong, and begging to be taken home ) my brother recommended that mother's guardianship be given to the Miami-Dade County Guardianship Program, Inc. whose president at the time, was my brother's attorney.

They in turn, filed a document for the record stating that mother was "an indigent."

During mother's guardianship under this agency, and after a year or so of pleading with the caseworker assigned to my mother by the above mentioned program and to Judge Maria M. Korvick to take my mother to a doctor to check on a bleeding and painful growth on her face, mother was taken to a dermatologist who found that it was a cancerous growth. Again, there were NO CONSEQUENCES FOR THE CASE WORKER OR THE MIAMI-DADE GUARDIANSHIP PROGRAM, INC.

Shortly after,and after numerous years of requesting to be appointed my mother's guardian, I was appointed Guardian of the Person! Mother was severely abused at 3 different nursing homes where the guardian had placed her. She was so badly abused, that she suffers terrible nightmares and torturous thoughts in the darkness of her blindness during the day. Mother has been diagnose with Post Traumatic Stress Syndrome.

As far as my brother? Well, he tried to resign as Guardian 2 times, which were not granted by Judge Maria M. Korvick, he is still Guardian of the Property which no longer exist. And of course, continues to be in an active psychiatric Disability.


Judge Maria M. Korvick continues to issue Orders against me, for anything she deems she is entitled to do. BEWARE, DO NOT MOVE TO FLORIDA, IT IS DANGEROUS TO YOUR HEALTH AND WEALTH!

This is NOT an anonymous complaint to the public or any gov. agency. My name is Maritza Torrent-Viola, from Miami Fl. I will make public any retaliation against me by the above "Honorable" Judge Maria M. Korvick for any statements I have made public.

See also:
Needlessly Suffered

BBB Advises on Estate Planning

The Better Business Bureau advises people to create an estate plans if they own something of value.

An estate plan can be as simple as drafting a will or as complex as setting up a trust and a living will. At the least, anyone who has assets to pass on to specific individuals should create a will, the bureau advises. A will can allocate assets as well as establish guardianship of children.

Full Article and Source:
BBB gives advice on creating an estate plan

Two Families Vie For Guardianship

Two families are seeking custody of the newborn authorities are calling Baby Jane Doe, the child stolen from her mother’s womb last month.

The child’s presumed biological father, Roberto C. “Tito’’ Rodriguez, petitioned the court for custody.

Relatives of Darlene Haynes, the woman whose mutilated body was found in her Worcester apartment July 27, are also seeking custody.

Under state law, people seeking custody were not allowed to file a petition until completion of a so-called 72-hour hearing, which marks the third business day since the infant was taken into state custody.

A judge ruled during a closed-door hearing that the child will remain in state custody.

Full Article and Source:
2 families vie for custody of baby girl taken from womb

More information:
2 families seek custody of Worcester newborn

Boyfriend Wants Custody Of Baby Cut From Womb

Tuesday, August 4, 2009

Guardianship Employee Arrested

State Police arrested 28-year-old Amanda Messer-Riddle. She is charged with one count of exploitation of an endangered adult and four counts of theft.

Messer-Riddle worked for Personal Resource Management and Financial Care of the Wabash Valley.

Employees have guardianship over client's finances.

The company tipped off state police when they found money might have been mishandled. Police said Messer-Riddle had removed more than $15,000 from four client's bank accounts.

Messer-Riddle could face up to three years and a fine of $10,00 for each felony count.

Full Article and Source:
Woman accused of taking $15,000

Katherine Jackson Granted Permanent Guardianship

Michael Jackson's mother was granted permanent guardianship over the singer's three children.

Katherine Jackson and Debbie Rowe, the mother of Jackson's two older children, had submitted an agreement with the court in which custody of the children would go to their grandmother.

L.A. County Superior Court Judge Mitchell Beckloff ordered a court investigator's report in eight weeks on how the children are being cared for.

Full Article and Source:
Michael Jackson's mother granted guardianship of his children, allowance

More information:
Jackson Guardianship Agreement, Allowance For Kids

See also:
Guardianship Hearing Postponed Again

Jackson Guardianship Case

Katherine Jackson Withdraws Petition

Katherine Jackson withdrew her petition for control of Michael Jackson's estate when the Los Angeles Superior Court resumed its probate hearing.

Michael Jackson's will, drafted in 2002, appointed Michael's close friends John Branca and John McClain as executors of his estate that is estimated to be worth $500 million.

Katherine had filed her petition seeking control of the estate before the existence of the will was made public by the executors.

Full Article and Source:
Katherine Jackson withdraws petition for control over her son's estate

See also:
Battle in Jackson Probate Case

Monday, August 3, 2009

Plea Agreement Rejected

Citing obstruction of justice, a federal judge rejected the plea agreement of two former Pennsylvania county judges who pleaded guilty in February to a kickback scheme that involved sending juveniles to private detention facilities.

The decision opens the way for the men to be sentenced by the judge directly or face a jury trial.

The ex-judges, Mark A. Ciavarella Jr. of the Luzerne County juvenile court and Michael T. Conahan of the Luzerne County Court of Common Pleas, pleaded guilty in February to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers.

In a highly critical order, Judge Edwin M. Kosik of Federal District Court said he based his decision on the comments and conduct of the two men after they entered guilty pleas to serve 87 months in prison.

Full Article and Source:
Plea Agreement by 2 Judges Is Rejected in Pennsylvania

Federal District Court Order

See also:
Judges Plead Guilty

Guardian Sam Rausman

Elder Abuse by Guardians

Fox 5 Investigates: Guardian Abuse

Fox 5 Investigates: Guardian Abuse, Part 2

Guardianship Nightmare

Who's the Boss?

This Could Happen to Someone You Love

Pattern and Practice of DDSN

A mother fighting a 12-year legal war with the state Department of Disabilities and Special Needs over the alleged gang rape of her mentally retarded daughter said the agency is now trying to exact revenge by removing her as the girl's guardian.

Circuit Court Judge John Few said this month that he's “troubled” by an investigator's report that said the daughter was psychologically abused and encouraged to cut ties with her mother by Greenville disability workers — actions that may have affected her testimony in court proceedings concerning guardianship.

A probate judge removed Brenda Bryant as her daughter's guardian last year, saying she had hindered her daughter's care and used her $250,000 settlement from the rape case to benefit herself.

However, the judge, Edward Sauvain, also said he is “extremely concerned” about a “pattern and practice” by DDSN and its local agencies of “sweeping legitimate complaints under the rug” and retaliation against people who question its actions.

Full Article and Source:
Mom says state agency wants revenge

Sunday, August 2, 2009

Nursing Home Resident Rip Off

A 20-year-old woman was indicted on charges that she took $4,000 from a resident of the Arlington Heights nursing home where she worked.

Wiynnona Nelson was charged at the Rolling Meadows courthouse with financial exploitation of the elderly and aggravated identification theft.

Police said a family member of the 89-year-old victim called police in April and said $4,008 had been withdrawn electronically from the woman's bank account over a period of several months. Police tracked the thefts to Nelson, who had worked at the Moorings nursing home until December.

Police arrested Nelson July 6, and she was released after she posted $4,000 bail.

Full Article and Source:
Woman indicted in nursing home resident ripoff

Lawyer Disbarred - Conservatorship Cases

The Supreme Court disbarred a retired Topeka lawyer who continued to practice law in violation of a supreme court rule barring a retired lawyer from practicing law in Kansas.

The disbarment of Thomas O. Rost was based on two counts.

In those cases, the disciplinary administrator agreed to recommend that Rost receive an informal admonishment in exchange for his agreement to retire by Oct. 1, 2005. The disciplinary administrator and Rost reached that agreement on June 6, 2005, and Rost was informally admonished for violating Kansas Rules of Professional Conduct tied to attorney fees and misconduct.

In the counts tied to Rost’s disbarment, District Judge Frank Yeoman filed a complaint noting Rost signed a letter in April 2006 bearing the “Rost & Rost Attorneys at Law” letterhead that stated a delay in filing a conservatorship final accounting was due to the illness of Rost’s paralegal. Rost continued identifying himself with his attorney registration number in documents filed in conservatorship cases, and the judge was concerned a client might not be able to discern Rost wasn’t permitted to actively practice law.

Full Article and Source:
Topeka attorney is disbarred

Supreme Court Throws Out Ruling

The Supreme Court has thrown out a ruling in a case involving children and the rights of a biological parent.

The court says a couple can't get permanent custody of four children unless they show by "clear and convincing evidence" that placement with the biological mom would not be best for the kids.

Robert and Lorie Hunter have been guardians of the children since 2002 when sister-in-law Tammy Jo Hunter and her husband had drug problems. Now, Tammy Jo of Indiana has turned her life around and regularly sees the children.

The Supreme Court is sending the case back to Oakland County for a new hearing. The judge has options, which include continuing the guardianship with the Hunters and not granting custody to either side.

Full Article and Source:
Michigan court clarifies rights in custody cases