A federal jury convicted a former New York state judge Thursday of attempted extortion and attempted soliciting of a bribe for pressuring a lawyer to give $10,000 to his defense fund.
Federal prosecutors said Thomas Spargo pressured the lawyer, who had cases pending before Spargo when he was a state Supreme Court justice in 2003, to help the judge cover legal bills from an ongoing battle with the state's judicial discipline committee.
"The jury system works whether you like it or not," said Spargo, who had a long career as a Republican expert on New York elections law before becoming a judge. In 2000, he was part of GOP team that went to Florida to help battle for George W. Bush during the presidential election recount.
Spargo, who was elected to the state's trial level court in 2001, could face up to 30 years in federal prison when he is sentenced Dec. 21.
He was removed from the bench in 2006 on the recommendation of the state Commission on Judicial Conduct, which cited the pressure he put on lawyers and which criticized some of his earlier actions as a town justice in suburban Albany.
Full Artilce and Source:
Jury Finds Former NY Judge Guilty in Bribery Case
Monday, September 7, 2009
Fleeced Funds Reportedly Paid to Casino
While extracting hundreds of thousands of dollars from an elderly San Antonio couple last year, financial adviser Jeremy McGilvrey allegedly used their money to pay Las Vegas casino debts and huge personal credit card bills and to buy a Mercedes.McGilvrey, 32, who remains in Bexar County Jail in lieu of posting $500,000 bail, also apparently used the funds invested by Thomas and Dorothy Crouch to open large brokerage accounts in his own name, according to the Texas State Securities Board.
“We see a lot of cases, but this one appears to be particularly egregious because of the age of the victims, the amount of money involved and the uses to which the money was apparently put,” said Benette Zivley, director of inspections and compliance for the securities agency.
Thomas Crouch, 94, who has Alzheimer's disease and dementia, and his wife, Dorothy, 89, who suffers from paranoia and depression, had conservatively invested assets of about $6.7 million before they crossed paths with McGilvrey in 2008.
Thomas Crouch is a retired general and former commander of Wilford Hall Medical Center.
Both now are legally incapacitated and have a court-appointed guardian.
But according to a lawsuit filed in Bexar County Probate Court, they were helpless against McGilvrey and two others, losing about $2 million after being steered into dubious investments, including stock purchases in McGilvrey's company and giving him a huge loan.
McGilvrey's investment strategy for the elderly pair was to “charge them exorbitant fees; plunder their monetary assets; convert their money for the defendant's use; and place those assets in investments that would earn the most money for the defendants and without regard to the risks to the plaintiffs,” according to the suit.
“I hope they end up in the penitentiary and I want these guys to have really rude roommates,” said James Crouch, their son and court-appointed guardian.
Full Article and Source:
Fleeced Funds Reportedly Paid to Casino
Man Accused of Cheating Disabled Victim
A 36-year-old St. Petersburg man is accused of cheating a developmentally disabled man out of almost $10,000 on the pretext of helping the man get his car repaired.James Alan Nicholson was arrested Wednesday on a charge of financial exploitation of a disabled adult. He was being held on $10,000 bail at the Pinellas County Jail.
Between February and April, according to an arrest report, Nicholson took 14 checks totaling $9,400 from the 57-year-old victim, who often needs help managing his finances.
Full Article and Source:
Man Accused of Cheating Disabled Victim
What the End-of-Life Conversation Can Bring
Ed and Catherine Pratt are fierce rivals. Their battlefield is a cribbage board, and competition is in full swing this summer, though Ed is nearing the end of his life. The couple faces off in Ed’s bedroom, on the ground floor of their North Plymouth home, where the Pratts’ daughter and her family live in a second-floor apartment. Most evenings Ed and Catherine listen to the pitter-patter of their 3-year-old granddaughter, Caleigh, running across her living room and down the stairs before she bursts in to ask for chocolate milk.
“I asked the doctor if he could give me a ballpark number,’’ Catherine recalls. “He looked at me and said, ‘Four months. Six if you’re lucky. Let’s get Ed comfortable.’ ’’
With those words Vera initiated what many doctors, patients, and families never get around to having: a conversation about the end of life. The very idea of it is so loaded that a provision of the Obama administration’s health care overhaul to reimburse physicians for advance-care planning consultations with Medicare beneficiaries ignited a furor, with critics predicting the formation of “death panels’’ and the rise of government-backed euthanasia.
“Everybody is afraid of death; it’s part of being a human being. But this regressive thing happens when there’s a big public conversation,’’ said Don Schumacher, president of the National Hospice and Palliative Care Organization. “This legislation is an opportunity to begin. Between 2011 and 2028, 70 million people are going to die. That’s a lot of people to care for, and we need to have these conversations.’’
Full Article and Source:
What the End-of-Life Conversation Can Bring
“I asked the doctor if he could give me a ballpark number,’’ Catherine recalls. “He looked at me and said, ‘Four months. Six if you’re lucky. Let’s get Ed comfortable.’ ’’
With those words Vera initiated what many doctors, patients, and families never get around to having: a conversation about the end of life. The very idea of it is so loaded that a provision of the Obama administration’s health care overhaul to reimburse physicians for advance-care planning consultations with Medicare beneficiaries ignited a furor, with critics predicting the formation of “death panels’’ and the rise of government-backed euthanasia.
“Everybody is afraid of death; it’s part of being a human being. But this regressive thing happens when there’s a big public conversation,’’ said Don Schumacher, president of the National Hospice and Palliative Care Organization. “This legislation is an opportunity to begin. Between 2011 and 2028, 70 million people are going to die. That’s a lot of people to care for, and we need to have these conversations.’’
Full Article and Source:
What the End-of-Life Conversation Can Bring
NJ Judge Seeks More Info on Billionaire's Fortune
A New Jersey tax court judge being asked to help split the fortune of one of the world's richest men has asked for more information to help him decide whether the case even belongs in his courtroom.
At issue is how to divide plastic magnate Wang Yung-ching's fortune, estimated at nearly $7 billion, among at least nine children he fathered with women other than his wife — and whether U.S. or Taiwanese courts will have ultimate jurisdiction over it.
Wang rose from an impoverished tea farmer's son in Taiwan to build the Formosa Plastics Group into a multinational conglomerate with U.S. headquarters in Livingston, just northwest of Newark. He was among Forbes' 200 richest people in the world when he died last year in New Jersey. He left no will, but a complex family tree of potential heirs who are now arguing over his money.
Full Article and Source:
NJ Judge Seeks More Info on Billionaire's Fortune
At issue is how to divide plastic magnate Wang Yung-ching's fortune, estimated at nearly $7 billion, among at least nine children he fathered with women other than his wife — and whether U.S. or Taiwanese courts will have ultimate jurisdiction over it.
Wang rose from an impoverished tea farmer's son in Taiwan to build the Formosa Plastics Group into a multinational conglomerate with U.S. headquarters in Livingston, just northwest of Newark. He was among Forbes' 200 richest people in the world when he died last year in New Jersey. He left no will, but a complex family tree of potential heirs who are now arguing over his money.
Full Article and Source:
NJ Judge Seeks More Info on Billionaire's Fortune
Sunday, September 6, 2009
Clemson City Councilwoman Arrested
Thirteenth Circuit Solicitor, Bob Ariail, announced today that following an investigation by his office with the assistance of SLED, Clemson City Councilwoman, Elouise James, has been arrested on criminal charges in both Greenville and Pickens counties.
The charges allege that, in an effort to help her daughter, Kristen James, avoid legal problems she misrepresented that her daughter had cancer and collected money on her daughter’s behalf, forged a statement from the Cancer Centers of the Carolinas to avoid her daughter’s prosecution; and Mrs. James used her power of attorney to obtain a reverse mortgage on her mother’s home in order to pay restitution and probation fees for her daughter.
If convicted of all charges Councilwoman James face 21 years in prison. “Mrs. James is in an elected position of trust which she has abused by these actions,” said Ariail.
James has been released on personal recognizance bonds for all charges.
Full Article and Source:
Clemson City Council Woman Arrested on Multiple Charges
The charges allege that, in an effort to help her daughter, Kristen James, avoid legal problems she misrepresented that her daughter had cancer and collected money on her daughter’s behalf, forged a statement from the Cancer Centers of the Carolinas to avoid her daughter’s prosecution; and Mrs. James used her power of attorney to obtain a reverse mortgage on her mother’s home in order to pay restitution and probation fees for her daughter.
If convicted of all charges Councilwoman James face 21 years in prison. “Mrs. James is in an elected position of trust which she has abused by these actions,” said Ariail.
James has been released on personal recognizance bonds for all charges.
Full Article and Source:
Clemson City Council Woman Arrested on Multiple Charges
Virginia Police Investigating Elder Abuse
A criminal investigation is under way after state health officials released a report about abuse at an assisted living facility on Minnesota's Iron Range.
Virginia Police Chief Dana Waldron said Thursday that police are looking at the report by the state Office of Health Facility Complaints.
According to the report, three nursing aides pinched, slapped and threw rubber balls at a resident with Alzheimer's disease and told another resident to "shut up" while calling him names.
The employees no longer work at Edgewood Vista in Virginia.
Source:
Virginia Police Investigating Elder Abuse
Virginia Police Chief Dana Waldron said Thursday that police are looking at the report by the state Office of Health Facility Complaints.
According to the report, three nursing aides pinched, slapped and threw rubber balls at a resident with Alzheimer's disease and told another resident to "shut up" while calling him names.
The employees no longer work at Edgewood Vista in Virginia.
Source:
Virginia Police Investigating Elder Abuse
NASGA Poll Results Are In!
If a person becomes completely incapacitated and has no advanced directives regarding his/her healthcare, should the law presume that the person wants to live, even if being kept alive through a feeding tube?
Yes, wants to live
41 (51%)
Yes, family members should decide
49 (62%)
No, wants to die
9 (11%)
No, the court should decide
5 (6%)
Unsure
3 (3%)
Thank you for voting!
$100,000 Bond Set for Elderly Exploitation Case
An Ottawa woman, out on bond for allegedly exploiting the elderly, is now accused of a similar but separate crime against an aged Ottawa couple.
Her new bond was set at $100,000.
Susan K. Anderson, 3103 E. 1951st Road, is charged with financial exploitation of an elderly person, a Class 3 felony, for theft of more than $300 and less than $5,000.
She had been out of custody on a $15,000 bond on a similar charge filed earlier this year.
Full Article and Source:
$100,000 Bond Set for Elderly Exploitation Case
Her new bond was set at $100,000.
Susan K. Anderson, 3103 E. 1951st Road, is charged with financial exploitation of an elderly person, a Class 3 felony, for theft of more than $300 and less than $5,000.
She had been out of custody on a $15,000 bond on a similar charge filed earlier this year.
Full Article and Source:
$100,000 Bond Set for Elderly Exploitation Case
Bitter L'Oréal Family Feud Set to Get Court Airing
Last June L’Oréal celebrated its centenary as one of the world’s most successful cosmetics companies with a lavish party at its headquarters near Paris.As Liliane Bettencourt, daughter of the company’s founder and majority shareholder, entered the room, thousands of employees rose to give her a standing ovation. Minutes later, her daughter, Françoise Bettencourt-Meyers entered, to a second standing ovation.
However, the two women had not been on speaking terms for months, and today their acrimonious dispute is being played out in front of a court in Nanterre, near Paris.
The case will call into question the mental health of Bettencourt (86), whose estimated worth of €17 billion makes her the richest woman in Europe.
Named on Vanity Fair’s best-dressed list earlier this year, Bettencourt is known as much for her philanthropy as her elegance.
Her daughter now claims her generosity has gone a step too far, citing almost €1 billion worth of gifts which the elderly widow has given to François-Marie Banier, a photographer and artist 20 years her junior. The two met when Banier photographed Bettencourt for a French glossy magazine, Egoïste , in 1987, and discovered a shared love of art.
Bettencourt-Meyers (56) is now suing Banier for abus de faiblesse, or exploitation of frailty, claiming he took advantage of her mother’s allegedly fragile mental state to make her sign over seven life insurance policies to his name, along with numerous other gifts.
Full Article and Source:
Bitter L'Oréal Family Feud Set to Get Court Airing
Saturday, September 5, 2009
Quinn Signs Sterilization Bill
When K.E.J. was 8 years old, she suffered a traumatic brain injury in a car accident.
When she was 26, her guardian attempted to obtain a court order to have the young woman sterilized. K.E.J., as she is known in court documents to protect her privacy, had no idea.
Before Tuesday, when Gov. Pat Quinn signed into law a measure that would require court orders approving the sterilization of people with disabilities, guardians could take steps to have their wards sterilized without the individual's consent.
Rep. Kathy Ryg (D-Vernon Hills), the original bill’s chief sponsor, says the law shows how society has evolved, citing the recent obituary of Eunice Kennedy Shriver, whose sister Rose was mentally disabled and had a lobotomy.
She says it also gives all parties protection under the law.
“I think it provides the due process that really protects all parties, most particularly the individual, but also the family, the guardian and the doctor,” Ryg says. “Once it was brought to people’s attention, it became clear there was a gap in the due process.”
“This is so important. All women need, deserve and should have all their options as to whether to become a parent or not to become a parent available to them,” says Shelley Davis, vice president of programs and advocacy for Chicago Foundation for Women.
In the case of K.E.J., her guardian’s request was denied twice. K.E.J., did not find out about her guardian's attempt to have her sterilized until she consulted with Equip for Equality on another matter. Court records were then uncovered.
Before Quinn signed the bill, Illinois was one of 16 states that did not require a court order to perform such a procedure. Other states in the Midwest that do not require a court order include Missouri, Iowa and Nebraska.
Leah Bartelt, staff counsel for the American Civil Liberties Union of Illinois, says the law adds another layer of oversight for guardians, who are already scrutinized by the courts.
“Bringing the court in to assess whether … the ward would be able to make the decision on their own is an important step,” she says.
Under the law, courts would assign an agent to meet with the ward to discuss the petition for sterilization. After consulting with the ward, reviewing his or her mental capacity and ensuring he or she understands the petition, the court will make a decision.
Full Article and Source:
Quinn Signs Sterilization Bill
When she was 26, her guardian attempted to obtain a court order to have the young woman sterilized. K.E.J., as she is known in court documents to protect her privacy, had no idea.
Before Tuesday, when Gov. Pat Quinn signed into law a measure that would require court orders approving the sterilization of people with disabilities, guardians could take steps to have their wards sterilized without the individual's consent.
Rep. Kathy Ryg (D-Vernon Hills), the original bill’s chief sponsor, says the law shows how society has evolved, citing the recent obituary of Eunice Kennedy Shriver, whose sister Rose was mentally disabled and had a lobotomy.
She says it also gives all parties protection under the law.
“I think it provides the due process that really protects all parties, most particularly the individual, but also the family, the guardian and the doctor,” Ryg says. “Once it was brought to people’s attention, it became clear there was a gap in the due process.”
“This is so important. All women need, deserve and should have all their options as to whether to become a parent or not to become a parent available to them,” says Shelley Davis, vice president of programs and advocacy for Chicago Foundation for Women.
In the case of K.E.J., her guardian’s request was denied twice. K.E.J., did not find out about her guardian's attempt to have her sterilized until she consulted with Equip for Equality on another matter. Court records were then uncovered.
Before Quinn signed the bill, Illinois was one of 16 states that did not require a court order to perform such a procedure. Other states in the Midwest that do not require a court order include Missouri, Iowa and Nebraska.
Leah Bartelt, staff counsel for the American Civil Liberties Union of Illinois, says the law adds another layer of oversight for guardians, who are already scrutinized by the courts.
“Bringing the court in to assess whether … the ward would be able to make the decision on their own is an important step,” she says.
Under the law, courts would assign an agent to meet with the ward to discuss the petition for sterilization. After consulting with the ward, reviewing his or her mental capacity and ensuring he or she understands the petition, the court will make a decision.
Full Article and Source:
Quinn Signs Sterilization Bill
Powell Loses Law License
The law license of Robert J. Powell, an attorney who has admitted to paying kickbacks to two Luzerne County judges, has been suspended by the state Supreme Court.Powell, 49, has pleaded guilty to failing to report a felony and abetting a conspiracy and is awaiting sentencing in federal court. Prosecutors say he paid the two judges for their help in securing county contracts for a for-profit juvenile detention center he formerly owned.
The order suspending Powell’s law license, handed down Monday, came in reaction to a joint petition from Powell’s lawyers and the Disciplinary Board of the Supreme Court, which investigates allegations of wrongdoing and unethical behavior by lawyers.
The board’s chief counsel, Paul Killion, said that in most cases, the board will not seek action against an attorney charged with a crime until sentencing, but the board felt a temporary suspension was warranted in this case. Powell’s attorney agreed to the suspension, Killion said.
“This is a case in which we don’t want him practicing law while things are pending. They could be pending for some time,” Killion said.
Full Article and Source:
Powell Loses Law License
See also:
Plea Agreement Rejected
Couple Charged With Stealing Mother's Money, Neglecting Her
A West Valley City couple is accused of bilking their elderly mother out of more than $100,000 while failing to care for the woman, who developed bedsores and other ailments as a result of the alleged neglect.
Corin Lynn Barker and his wife, Nadine Barker, both 60, were charged Tuesday in 3rd District Court with abusing Beatrice Barker, 90, who died in June.
Corin Barker was granted power of attorney for his aging parents in 2006 and gained control of their bank accounts, which included $40,000 in Social Security checks and other retirement savings, according to charging documents filed Tuesday.
When his father died in 2007, an insurance company paid his mother $62,241 in benefits, which went into a joint account, charges state.
West Valley City police began investigating Barker after receiving a complaint of neglect from staff at Pioneer Valley Hospital. Beatrice Barker was hospitalized in early June after losing weight and having renal failure and pneumonia, charges state.
The $102,914 of his parent's money that Corin Barker had control over dwindled to $1,829 the day of Beatrice Barker's death on June 14, charges state.
Corin Barker is charged with exploitation of a disabled or elderly adult, a second-degree felony punishable by up to 15 years in prison.
Nadine Barker is charged with aggravated abuse of a disabled or elderly adult, also a second-degree felony.
The couple's daughter-in-law, Angie Barker, 35, is charged with second-degree felony aggravated abuse of a disabled or elderly adult.
Full Article and Source:
Couple Charged With Stealing Mother's Money, Neglecting Her
Corin Lynn Barker and his wife, Nadine Barker, both 60, were charged Tuesday in 3rd District Court with abusing Beatrice Barker, 90, who died in June.
Corin Barker was granted power of attorney for his aging parents in 2006 and gained control of their bank accounts, which included $40,000 in Social Security checks and other retirement savings, according to charging documents filed Tuesday.
When his father died in 2007, an insurance company paid his mother $62,241 in benefits, which went into a joint account, charges state.
West Valley City police began investigating Barker after receiving a complaint of neglect from staff at Pioneer Valley Hospital. Beatrice Barker was hospitalized in early June after losing weight and having renal failure and pneumonia, charges state.
The $102,914 of his parent's money that Corin Barker had control over dwindled to $1,829 the day of Beatrice Barker's death on June 14, charges state.
Corin Barker is charged with exploitation of a disabled or elderly adult, a second-degree felony punishable by up to 15 years in prison.
Nadine Barker is charged with aggravated abuse of a disabled or elderly adult, also a second-degree felony.
The couple's daughter-in-law, Angie Barker, 35, is charged with second-degree felony aggravated abuse of a disabled or elderly adult.
Full Article and Source:
Couple Charged With Stealing Mother's Money, Neglecting Her
Dutch Court Puts 13-Year-Old Girl Under Guardianship to Delay Her Solo World Sailing Trip
UTRECHT, NETHERLANDS — A 13-year-old girl's plan to sail solo around the world was called "undeniably daring and risky" by Dutch judges Friday. They refused, however, to scrap the venture in a high-profile clash between child care authorities and liberal Dutch parenting.
The three judges at Utrecht District court ordered authorities to take temporary guardianship of Laura Dekker, delaying her plan to set sail next week on her 26-foot yacht Guppy in her bid to become the youngest person to sail solo around the globe.
Full Article and Source:
Dutch Court Puts 13-Year Old Girl Under Guardianship to Delay Her Solo World Sailing Trip
The three judges at Utrecht District court ordered authorities to take temporary guardianship of Laura Dekker, delaying her plan to set sail next week on her 26-foot yacht Guppy in her bid to become the youngest person to sail solo around the globe.
Full Article and Source:
Dutch Court Puts 13-Year Old Girl Under Guardianship to Delay Her Solo World Sailing Trip
Friday, September 4, 2009
New Law Requires Some Guardians to be Certified
Gov. Pat Quinn has signed legislation that will require certification of some guardians of impaired adults.
House Bill 2539, which was first introduced in February and takes effect Jan. 1, mandates certification of the public guardians appointed by the governor to serve in individual counties.
The News-Democrat reported in May that little accountability in guardianship of adults unable to manage their affairs has caused problems.
Attorney John F. Pawloski, who claimed to be St. Clair County's public guardian and administrator, has refused to account for his use of wards' and deceased people's estate money, though he has agreed to repay more than $70,000 missing from some of the estates.
Pawloski has appealed a judge's demand he provide an accounting, and that appeal is pending in the 5th District Appellate Court in Mount Vernon. No one knows how he was named public guardian. The governor makes the appointment, and a former Gov. Rod Blagojevich spokesman said that office never did appoint Pawloski, but local clerks and judges thought he was the appointee.
Another guardian, Sharon Mehrtens, who runs a private business serving as guardian of those unable to manage their affairs and executor of deceased people's estates, hasn't accounted for her spending in several years in some cases but continues to collect professional fees from the wards and their estates.
Pawloski's lawyers have advised him not to speak with reporters. Mehrtens has said she is often late in her reports because she doesn't always know when they are due. Previous judges had her on three-year filing schedules.
House Bill 2539 requires certification of the public guardians appointed by the governor to serve in individual counties. It doesn't apply to professional guardians, such as Mehrtens, or the Office of the State Guardian, which represents wards who have less than $25,000 to their estates. That agency already requires certification of guardians, and Illinois law doesn't require professional guardians to be certified.
Some guardianship experts say that while the bill is a good step, it won't prevent fraud committed by guardians.
The bill was drafted by the Guardianship and Advocacy Commission, a state division that pushes new legislation. Representatives of the Guardianship and Advocacy commission have said the agency won't consider any more legislative reform until the fall.
Full Article and Source:
New Law Requires Some Guardians to be Certified
See also:
Quinn Signs Bill Requiring Guardians to be Certified
For additional information on James Pawloski, see:
Will Justice Be Served?
Attorney Will Repay Estates
Who Watches Guardians?
Lawyer Appeals Judge's Demand
Ten Days to Produce Documents
John Pawloski Case
For additional information on Sharon Mehrtens, see:
Can't Win Independence
Guardian Holds Ward's Fate
House Bill 2539, which was first introduced in February and takes effect Jan. 1, mandates certification of the public guardians appointed by the governor to serve in individual counties.
The News-Democrat reported in May that little accountability in guardianship of adults unable to manage their affairs has caused problems.
Attorney John F. Pawloski, who claimed to be St. Clair County's public guardian and administrator, has refused to account for his use of wards' and deceased people's estate money, though he has agreed to repay more than $70,000 missing from some of the estates.
Pawloski has appealed a judge's demand he provide an accounting, and that appeal is pending in the 5th District Appellate Court in Mount Vernon. No one knows how he was named public guardian. The governor makes the appointment, and a former Gov. Rod Blagojevich spokesman said that office never did appoint Pawloski, but local clerks and judges thought he was the appointee.
Another guardian, Sharon Mehrtens, who runs a private business serving as guardian of those unable to manage their affairs and executor of deceased people's estates, hasn't accounted for her spending in several years in some cases but continues to collect professional fees from the wards and their estates.
Pawloski's lawyers have advised him not to speak with reporters. Mehrtens has said she is often late in her reports because she doesn't always know when they are due. Previous judges had her on three-year filing schedules.
House Bill 2539 requires certification of the public guardians appointed by the governor to serve in individual counties. It doesn't apply to professional guardians, such as Mehrtens, or the Office of the State Guardian, which represents wards who have less than $25,000 to their estates. That agency already requires certification of guardians, and Illinois law doesn't require professional guardians to be certified.
Some guardianship experts say that while the bill is a good step, it won't prevent fraud committed by guardians.
The bill was drafted by the Guardianship and Advocacy Commission, a state division that pushes new legislation. Representatives of the Guardianship and Advocacy commission have said the agency won't consider any more legislative reform until the fall.
Full Article and Source:
New Law Requires Some Guardians to be Certified
See also:
Quinn Signs Bill Requiring Guardians to be Certified
For additional information on James Pawloski, see:
Will Justice Be Served?
Attorney Will Repay Estates
Who Watches Guardians?
Lawyer Appeals Judge's Demand
Ten Days to Produce Documents
John Pawloski Case
For additional information on Sharon Mehrtens, see:
Can't Win Independence
Guardian Holds Ward's Fate
California Bar May OK Victim Statements for Discipline Cases
For more than two years, the California State Bar has ticked off discipline-defense lawyers by endorsing tougher and more aggressive prosecutorial tactics.
Some attorneys thought that might change after former State Bar Chief Trial Counsel Scott Drexel was let go in June. But a lingering Drexel-era proposal that would let State Bar Court judges consider unsworn victim statements as evidence for increasing punishment has the discipline-defense bar up in arms again.
"It's just another example of the Bar's over-reaching because they can get away with it," Arthur Margolis, a partner with Margolis & Margolis in Los Angeles, said recently. "[State Bar officials] are leading the Board of Governors by the nose."
Bar prosecutors, however, say the proposal would simply provide for the type of victim impact statements allowed in criminal courts.
The proposal, recommended by a subcommittee of the State Bar Board's Committee on Regulation, Admissions and Discipline Oversight, would add a new State Bar rule allowing victims to submit a written statement explaining how their former attorneys' alleged misconduct hurt them. Statements would be submitted only after an attorney has been found culpable of pending charges and would be used by the State
Bar Court judge in determining the level of discipline to be imposed.
Full Article and Source:
Calif.Bar May OK Victim Statements for Discipline Cases
Some attorneys thought that might change after former State Bar Chief Trial Counsel Scott Drexel was let go in June. But a lingering Drexel-era proposal that would let State Bar Court judges consider unsworn victim statements as evidence for increasing punishment has the discipline-defense bar up in arms again.
"It's just another example of the Bar's over-reaching because they can get away with it," Arthur Margolis, a partner with Margolis & Margolis in Los Angeles, said recently. "[State Bar officials] are leading the Board of Governors by the nose."
Bar prosecutors, however, say the proposal would simply provide for the type of victim impact statements allowed in criminal courts.
The proposal, recommended by a subcommittee of the State Bar Board's Committee on Regulation, Admissions and Discipline Oversight, would add a new State Bar rule allowing victims to submit a written statement explaining how their former attorneys' alleged misconduct hurt them. Statements would be submitted only after an attorney has been found culpable of pending charges and would be used by the State
Bar Court judge in determining the level of discipline to be imposed.
Full Article and Source:
Calif.Bar May OK Victim Statements for Discipline Cases
Elderly Couple Won't Lose House
A victory for a Richardson couple at war with the state over their mental condition and their money. Michael and Jean Kidd’s home was not sold on the courthouse steps and now the judge is clarifying his orders.
“I could have gotten out of bed and danced the jig,” Michael Kidd said after hearing about the status of his home.
Relief is all Michael and Jean Kidd are feeling right now. A trustee’s deed filed in mid August indicated their home would be sold on the courthouse steps. The foreclosure sale was called off, at least for now.
“Just knowing that the pressure if off for awhile, that is what made me the happiest,” Kidd said.
“I sure felt like we were deserted by the whole world for awhile. It makes me feel a whole lot better,” Jean said.
The state placed the Kidds in the Countryside Nursing Home after deciding the couple, age 67 and 70, could not manage their affairs. Michael had fallen and broken his hip. The hospital called Adult Protective Services after Jean had been in the waiting room for several days. Jean suffers from memory loss. The state took over all of the Kidd’s money, appointed them a financial guardian and sent them off to Pilot Point.
Their Richardson house was left vacant. The Kidd’s have no idea how much money is left or how it is being spent.
“I need some explanations,” said Senator Jane Nelson of Flower Mound. “I want to know how that can happen,”
Senator Nelson says she is so outraged with the Kidd’s story she wrote the Commissioner of Health and Human Services a letter. Nelson asked the Department to re-evaluate the Kidd’s medical condition and whether they even need a guardian.
“I just can’t imagine how this can happen. It is so degrading,” said Nelson.
Full Article and Source:
Elderly Couple Won't Lose House
See also:
Elderly Couple Forced Into State Custody
“I could have gotten out of bed and danced the jig,” Michael Kidd said after hearing about the status of his home.
Relief is all Michael and Jean Kidd are feeling right now. A trustee’s deed filed in mid August indicated their home would be sold on the courthouse steps. The foreclosure sale was called off, at least for now.
“Just knowing that the pressure if off for awhile, that is what made me the happiest,” Kidd said.
“I sure felt like we were deserted by the whole world for awhile. It makes me feel a whole lot better,” Jean said.
The state placed the Kidds in the Countryside Nursing Home after deciding the couple, age 67 and 70, could not manage their affairs. Michael had fallen and broken his hip. The hospital called Adult Protective Services after Jean had been in the waiting room for several days. Jean suffers from memory loss. The state took over all of the Kidd’s money, appointed them a financial guardian and sent them off to Pilot Point.Their Richardson house was left vacant. The Kidd’s have no idea how much money is left or how it is being spent.
“I need some explanations,” said Senator Jane Nelson of Flower Mound. “I want to know how that can happen,”
Senator Nelson says she is so outraged with the Kidd’s story she wrote the Commissioner of Health and Human Services a letter. Nelson asked the Department to re-evaluate the Kidd’s medical condition and whether they even need a guardian.
“I just can’t imagine how this can happen. It is so degrading,” said Nelson.
Full Article and Source:
Elderly Couple Won't Lose House
See also:
Elderly Couple Forced Into State Custody
Thursday, September 3, 2009
Editorial: Protective Services, Outdated
The case of Isabelle Jessich illustrates a system that lags the direction in which people -- and policy -- want to go.According to the Star Tribune ("'I feel like I'm in jail,'"Aug. 23), Isabelle Jessich, nursing home resident and ward of the state, could not get permission to return to the community despite her strong preference and the opinions of her doctor and court-appointed guardian that she no longer needed to live in a nursing home. Once turned on, guardianship was almost impossible to turn off. Worse, the premises of the system were out of sync with the trends toward community-based long-term support services in the United States.
In its 1999 Olmstead decision, the U.S. Supreme Court ruled that keeping individuals in institutions just to meet their health needs violates the Americans with Disability Act. In 2001, the presidential New Freedom Initiative reinforced the goal that persons of all ages, with all types of disabilities, have the fullest range of life choices possible. Since then, the federal government has awarded more than $300 million in grants to help states implement community care. Most states, Minnesota among them, have developed extensive community programs, including consumer-directed community supports (a fancy way of saying the care recipient controls the money).
So given this background, what are the implications of the Jessich story?
Full Article and Source:
Rosalie Kane: Protective Services, Outdated
See also:
"I Feel Like I'm in Jail"
Adult Guardianship Program Launched
Wabash Center today launched a new program to pair incapacitated adults in Tippecanoe County with volunteers who can serve as their court-appointed advocates.
Coordinator Richard Richardson said Tippecanoe Adult Guardianship Services will help adults who need temporary or long-term assistance with personal, financial or health needs that they cannot handle on their own. Already 30 adults are on a wait list for the program, he said.
"All you really have to do is go in any nursing home, anywhere in the country," Richardson said, "and anywhere from 10 to 30 percent of the people incapacitated have no one to care for their needs. ... Nobody hears about them because they don't have a lobbying group, because they're hidden."
Full Article and Source:
Adult Guardianship Program Launched
Coordinator Richard Richardson said Tippecanoe Adult Guardianship Services will help adults who need temporary or long-term assistance with personal, financial or health needs that they cannot handle on their own. Already 30 adults are on a wait list for the program, he said.
"All you really have to do is go in any nursing home, anywhere in the country," Richardson said, "and anywhere from 10 to 30 percent of the people incapacitated have no one to care for their needs. ... Nobody hears about them because they don't have a lobbying group, because they're hidden."
Full Article and Source:
Adult Guardianship Program Launched
Two Brokers Barred for Bilking Church Goers, Elderly, Mentally Impaired in Ponzi Schemes
The Financial Industry Regulatory Authority (FINRA) said Monday it permanently barred two brokers from working in the securities industry in any capacity ever again after they allegedly ran multi-million-dollar Ponzi schemes that victimized mentally and physically impaired Americans, elderly citizens, church members and family friends.
FINRA said Oren Eugene Sullivan, Jr., of Rock Hill, SC, "misappropriated" $3.7 million over decades from more than 30 clients. The victims, the self-regulatory body said, included 15 widows, two Alzheimer's victims and an individual with developmental impairments. At least eight of the affected clients were more than 80 years old. Many purportedly considered Sullivan a close family friend.
FINRA also barred William Walter Spencer, Sr., of Franklin, TN. Spencer, Finra said, "borrowed" nearly $2 million from elderly members of his church and from customers of his employing broker-dealer, Wiley Bros. — Aintree Capital, LLC.
"The protection of seniors and other vulnerable investors from unscrupulous brokers remains one of FINRA's highest priorities, and we will continue to identify and expel those within our jurisdiction who take unfair advantage of their clients," said Susan L. Merrill, FINRA Executive Vice President and Chief of Enforcement. "The misconduct of these brokers was nothing short of egregious — and their financial exploitation of the elderly, the infirm and people who considered them trusted friends shocks the conscience."
Full Article and Source:
Two Brokers Barred for Bilking Church Goers, Elderly, Mentally Impaired in Ponzi Schemes
FINRA said Oren Eugene Sullivan, Jr., of Rock Hill, SC, "misappropriated" $3.7 million over decades from more than 30 clients. The victims, the self-regulatory body said, included 15 widows, two Alzheimer's victims and an individual with developmental impairments. At least eight of the affected clients were more than 80 years old. Many purportedly considered Sullivan a close family friend.
FINRA also barred William Walter Spencer, Sr., of Franklin, TN. Spencer, Finra said, "borrowed" nearly $2 million from elderly members of his church and from customers of his employing broker-dealer, Wiley Bros. — Aintree Capital, LLC.
"The protection of seniors and other vulnerable investors from unscrupulous brokers remains one of FINRA's highest priorities, and we will continue to identify and expel those within our jurisdiction who take unfair advantage of their clients," said Susan L. Merrill, FINRA Executive Vice President and Chief of Enforcement. "The misconduct of these brokers was nothing short of egregious — and their financial exploitation of the elderly, the infirm and people who considered them trusted friends shocks the conscience."
Full Article and Source:
Two Brokers Barred for Bilking Church Goers, Elderly, Mentally Impaired in Ponzi Schemes
Wednesday, September 2, 2009
The Brainwashing of an Unsuspecting People: Continuing to Deny Death Panels
The headlines are amazing, as the denial continues on, suggesting that any claim of a death panel is a myth created by either lying right-wingers or lying special interest groups, who are uninformed or, for selfish reasons, trying to wrongly destroy the health care reform that some think will be a wondrous blessing to all. No, it simply couldn’t be that there is reason for concern.
No matter what they call themselves, or who they work for, there are in fact “death panels” in existence at this very moment and have been for quite some time now. How can anyone dare write, or believe, that “death panels” are merely a myth?
Andrea Clark was sentenced to die under Texas’ Futile Care Law, though she was aware and fighting for her life. She was, after all, deemed by the so-called ethics committee to be hopeless and therefore unworthy of continued effort. Never mind that she was fully aware — it was deemed time to put her down and out of her misery.
In Andrea’s case, her family obtained an attorney and was able to get a stay (delay), while they fought for her. During this period, Andrea did die, but she died because of natural causes and not because she was made to die. There is a very big difference between the two.
The family was not expecting the medical staff to create a miracle that was not within their power to create. All the family wanted was for Andrea to have the chance to survive, if it was possible. She had, after all, been a survivor all her life. Perhaps she would beat the odds again.
Andrea was aware! Andrea was fighting for her life! So what do you call it, when someone decides that in spite of the fact that you are aware and fighting for your life, your life support is going to be removed and you will die? Worse — that you are aware of the decision and that you are going to die because of that very decision and you didn’t even commit a crime beyond becoming ill or injured.
Then we have Gary Harvey from New York, whose wife is fighting both for his life and the right to take him home.
No matter what they call themselves, or who they work for, there are in fact “death panels” in existence at this very moment and have been for quite some time now. How can anyone dare write, or believe, that “death panels” are merely a myth?
Andrea Clark was sentenced to die under Texas’ Futile Care Law, though she was aware and fighting for her life. She was, after all, deemed by the so-called ethics committee to be hopeless and therefore unworthy of continued effort. Never mind that she was fully aware — it was deemed time to put her down and out of her misery.
In Andrea’s case, her family obtained an attorney and was able to get a stay (delay), while they fought for her. During this period, Andrea did die, but she died because of natural causes and not because she was made to die. There is a very big difference between the two.
The family was not expecting the medical staff to create a miracle that was not within their power to create. All the family wanted was for Andrea to have the chance to survive, if it was possible. She had, after all, been a survivor all her life. Perhaps she would beat the odds again.
Andrea was aware! Andrea was fighting for her life! So what do you call it, when someone decides that in spite of the fact that you are aware and fighting for your life, your life support is going to be removed and you will die? Worse — that you are aware of the decision and that you are going to die because of that very decision and you didn’t even commit a crime beyond becoming ill or injured.
Then we have Gary Harvey from New York, whose wife is fighting both for his life and the right to take him home.
“This is a case where a 55 year old man had a heart attack, fell down the basement stairs, and ended up severely brain damaged. It is a case where still another so-called ethics committee felt it had some sort of god-like wisdom and right to determine life or death for a stranger. It is a case where a so-called ethics committee decided, behind closed doors, that it was perfectly okay to starve and dehydrate this man — Gary Harvey — to death by termination of his Total Parenteral Nutrition (TPN) feeding tube.”
Thankfully the request has been dismissed for now, but just what title should be given to those, who wished to starve and dehydrate Gary Harvey to death?
Full Article and Source:
The Brainwashing of an Unsuspecting People: Continuing to Deny Death Panels
See also:
Behind Closed Doors: The Gary Harvey Story
Follow Up: The Gary Harvey Story
Thankfully the request has been dismissed for now, but just what title should be given to those, who wished to starve and dehydrate Gary Harvey to death?
Full Article and Source:
The Brainwashing of an Unsuspecting People: Continuing to Deny Death Panels
See also:
Behind Closed Doors: The Gary Harvey Story
Follow Up: The Gary Harvey Story
New Coalition's Mission is Fighting Senior Abuse
When Family Services in the City of Poughkeepsie was forced to cut its elder abuse program nearly two years ago because of a lack of funding, a void was created in the options available to senior crime victims.
A group of local advocates hopes to fill that void with the creation of a coalition aimed at fighting elder abuse and centralizing the services available for victims. The Dutchess County Coalition for Elder Abuse's first meeting is scheduled for noon on Sept. 23 at the Family Partnership Center in the City of Poughkeepsie. The coalition is made up of people involved with law enforcement, crime victims' assistance and services for senior citizens.
Full Article and Source:
New Coalition's Mission is Fighting Senior Abuse
A group of local advocates hopes to fill that void with the creation of a coalition aimed at fighting elder abuse and centralizing the services available for victims. The Dutchess County Coalition for Elder Abuse's first meeting is scheduled for noon on Sept. 23 at the Family Partnership Center in the City of Poughkeepsie. The coalition is made up of people involved with law enforcement, crime victims' assistance and services for senior citizens.
Full Article and Source:
New Coalition's Mission is Fighting Senior Abuse
Tuesday, September 1, 2009
Elderly Need Advocates
by Helen LaBounty
There is not a state in this great nation of ours that does not profess elder advocacy. Supposed protections are in place to prevent physical and financial abuses to the elderly. Yet, such abuse is on the rise despite media attention. The Nursing Home Reform Act was great legislation which is still on the books with little or no enforcement. The long-term care lobbies speak with greater dollar signs than the aged population.
Evidence of this is reflected by the administration of psychotropic medication in long-term care facilities. Most of us reach our “golden years” without needing such prescriptions. Yet, it is common for a resident with no previous psychotropic needs to become medicated in a facility. Records show “depression” or “belligerence” as the explanation. Often, the patient consent form is signed without explanation of the drug's effects. Family doesn't understand the loved one's subdued manner upon visits.
The elder is dealing with aging as well as their loved ones. Of course, the patient is belligerent. Imagine after years of success, accumulating assets, you are ordered into such a facility. Upon admission, the patient is asked to consider the weighty decision of a “do not resuscitate” form. The patient needs to consider “what is my life worth?” If incompetent, the guardian will make the decision. He or she quickly learns their burden to the facility in terms of allotted care time, bathing, feeding, etc.
Our aged mothers, fathers, veterans and other loved ones need a voice. Lobbyists for long-term care facilities, banks and attorneys speak loudly. Few families understand the need for interest in legislation to protect the elder. Realize that most legislators are attorneys and reflect that attitude. Guardianship is on the rise. Guardianship happens quickly in probate court where the ward loses most rights to the court appointed guardian in the guise of protection.
The court often makes the decision for them. And the ward pays from life-long accumulated assets. If the vulnerable ward or their family attempts to fight the guardianship, the ward's funds pay for the guardian's attorney. Read shocking tales of documented guardianship abuse at the National Association to Stop Guardian Abuse Web site at NASGA-StopGuardianAbuse.blogspot.com.
Full Article and Souce:
Elderly Need Advocates
See also:
Anna V. LaBounty
Journey For Justice
Push The Walker
There is not a state in this great nation of ours that does not profess elder advocacy. Supposed protections are in place to prevent physical and financial abuses to the elderly. Yet, such abuse is on the rise despite media attention. The Nursing Home Reform Act was great legislation which is still on the books with little or no enforcement. The long-term care lobbies speak with greater dollar signs than the aged population.
Evidence of this is reflected by the administration of psychotropic medication in long-term care facilities. Most of us reach our “golden years” without needing such prescriptions. Yet, it is common for a resident with no previous psychotropic needs to become medicated in a facility. Records show “depression” or “belligerence” as the explanation. Often, the patient consent form is signed without explanation of the drug's effects. Family doesn't understand the loved one's subdued manner upon visits.
The elder is dealing with aging as well as their loved ones. Of course, the patient is belligerent. Imagine after years of success, accumulating assets, you are ordered into such a facility. Upon admission, the patient is asked to consider the weighty decision of a “do not resuscitate” form. The patient needs to consider “what is my life worth?” If incompetent, the guardian will make the decision. He or she quickly learns their burden to the facility in terms of allotted care time, bathing, feeding, etc.
Our aged mothers, fathers, veterans and other loved ones need a voice. Lobbyists for long-term care facilities, banks and attorneys speak loudly. Few families understand the need for interest in legislation to protect the elder. Realize that most legislators are attorneys and reflect that attitude. Guardianship is on the rise. Guardianship happens quickly in probate court where the ward loses most rights to the court appointed guardian in the guise of protection.
The court often makes the decision for them. And the ward pays from life-long accumulated assets. If the vulnerable ward or their family attempts to fight the guardianship, the ward's funds pay for the guardian's attorney. Read shocking tales of documented guardianship abuse at the National Association to Stop Guardian Abuse Web site at NASGA-StopGuardianAbuse.blogspot.com.
Full Article and Souce:
Elderly Need Advocates
See also:
Anna V. LaBounty
Journey For Justice
Push The Walker
House OK's Bills Targeting Elder Abuse, Financial Exploitation
Lansing -- Part of a package of bills to prevent financial exploitation of senior citizens passed in the state House Wednesday afternoon.
Called the Elder Abuse Protection Plan, the package is meant to address a surge in abuse complaints, which have increased 40 percent in Michigan since 1998, according to the Michigan Department of Human Services.
Under the bills, financially exploiting a vulnerable adult would be a felony punishable by up to 20 years in prison and a $50,000 fine.
Children who abuse, neglect or exploit their aging parents would be disinherited. And third parties would be able to file criminal complaints to stop and prevent abuse cases in nursing homes and elsewhere.
The bills have to pass the state Senate and be signed by Gov. Jennifer Granholm to become law.
"Now, the victim has to voluntarily go in and file the complaint themselves," said state Rep. Andy Neumann, D-Alpena, chairman of the House Committee on Senior Health, Security and Retirement.
"(Under the bills) a friend, or somebody from the financial community, like a banker, could file a complaint and have it investigated," he said.
Based partly on the findings of Granholm's Elder Abuse Task Force, the package has been lauded by advocates worried about the rise in elder abuse. Michigan's Adult Protective Services received more than 16,300 reports of adult mistreatment in 2008.
Full Article and Source:
House OK's Bills Targeting Elder Abuse, Financial Exploitation
Called the Elder Abuse Protection Plan, the package is meant to address a surge in abuse complaints, which have increased 40 percent in Michigan since 1998, according to the Michigan Department of Human Services.
Under the bills, financially exploiting a vulnerable adult would be a felony punishable by up to 20 years in prison and a $50,000 fine.
Children who abuse, neglect or exploit their aging parents would be disinherited. And third parties would be able to file criminal complaints to stop and prevent abuse cases in nursing homes and elsewhere.
The bills have to pass the state Senate and be signed by Gov. Jennifer Granholm to become law.
"Now, the victim has to voluntarily go in and file the complaint themselves," said state Rep. Andy Neumann, D-Alpena, chairman of the House Committee on Senior Health, Security and Retirement.
"(Under the bills) a friend, or somebody from the financial community, like a banker, could file a complaint and have it investigated," he said.
Based partly on the findings of Granholm's Elder Abuse Task Force, the package has been lauded by advocates worried about the rise in elder abuse. Michigan's Adult Protective Services received more than 16,300 reports of adult mistreatment in 2008.
Full Article and Source:
House OK's Bills Targeting Elder Abuse, Financial Exploitation
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