Aunt Helen, Gone Too Soon, 10 Years Today

Helen T. Fabis
March 1, 1914 - April 30, 2001

April 30, 2011

Dear Aunt Helen,
You inspire me! You always did, even when I was quite young. I looked at you as someone “professional” and so different than my mother and other Aunts. I didn’t quite know exactly what it was back then, but I think I do now.

I remember when you took me downtown to shop and have lunch. Oh my, you cannot imagine how important that made me feel! I remember my mother saying something like “big deal”…..well it was! Thank you for showing me a slice of life I didn’t know about. As it turned out, I advocated to that life. Working downtown was so glamorous.

Then you bought the farm in Sobieski, WI !!! How much fun is that! How lucky we were to experience yet another slice of life that most city kids would never know. How I loved collecting eggs, and feeding the chickens even though it smelled! Pumping our own water at the well, bathing in a jumbo wash tub, in the kitchen no less, was such an experience! Thank you for making all this possible for us.

Your interest in my early sewing adventures, especially all the wonderful fabrics you gave me, kept me wanting to learn more. And so I did, and you were right there to answer any questions and keep me supplied with much appreciated wonderful fabrics.

Remember when Kim and Shawn were two and three years old? You were involved in the pattern making of little girls Spring coats. You gave me the most beautiful off white wool coats and fabrics with deep pink rosebuds appliquéd on the yoke/collar and hat. They were so beautiful! Something I could never afford. I miss our sewing “talk” and your quiet way of giving advice.

You and Uncle Wally were a loved fixture at Mom’s kitchen table. I took all those visits for granted. What I wouldn’t give to have you sit at my kitchen table and set your hair with beer! What a delight that would be.

When Mom and Dad moved to Wisconsin, and you stayed behind in Chicago, I was honored to drive you up to see them. What great talks we had.

I am grateful all four of my children were able to know you, and even my grandchildren were lucky enough to have a bit of time with you. I remember how terrified you would get if they were climbing or hanging upside down from a tree or something, I would laugh, because I was so conditioned to their antics, but you were not and worried so! I loved that.

I love that Dean used to come up and play Scrabble with you and Mom, those were very precious moments for him. Thank you for all the wonderful memories that my entire family has, especially me. You were a lady far ahead of her time, I see that now.

Thank you for being my mother’s devoted friend and sister through all those years of widowhood. Without you, I cannot imagine how she would have survived. You kept her alive, even if it was to argue a Scrabble rule or what TV show to watch! You were the “spark” that she needed, and helped her to become more sociable with the few neighbors you had. It could have been very isolated for her, but not with you there!

You are a great lady, and we have all been blessed to have some time with you starting at birth in my case. We miss you and love you.

You are loved and missed so much.

Love and admiration,
Bubbles

Arizona Governor Signs HB2424!

Yesterday, Governor Brewer used her mighty pen to sign HB 2424, a key probate reform bill. The Bill, which will become law 90 days from April 20, passed unanimously just nine days ago.

HB 2424 establishes a landmark “Probate Advisory Panel.” To read the engrossed version of the bill, click here.

No word yet on the companion reform bill, SB 1499.

Source:
Governor Brewer Signs HB2424 - Probate Advisory Panel Becomes Law

Marie Long One Step Away From Getting Her Wish

At long last, Marie Long is one simple signature away from getting her wish. Well, one of her wishes anyway.

Undoubtedly, she would wish to have some of her money back, the $821,000 sucked up by guardians and lawyers appointed to protect her from unscrupulous types who might come after an old lady's life savings.

Marie's attorneys, who for years have worked for free, are appealing her case. They hope to force Maricopa County's probate court to reconsider Commissioner Lindsay Ellis' decision that it was “reasonable” for Marie's so-called protectors to basically drain an estate once worth $1.3 million, leaving her penniless and dependent on taxpayers for support.

But Marie is 89. She can't wait forever to see justice. She knows that, which brings me to wish No. 2.

“I would like,” she told me last fall, “that this doesn't happen to anybody else.”

This week or next, Marie's wish could be granted, assuming Gov. Jan Brewer signs Senate Bill 1499 – and assuming the county's probate judges burn their well-worn rubber stamps and remember who it is that they are there to protect.

Credit the Arizona Legislature. In between birther bills and tea party license plates, when they weren't belatedly disclosing Fiesta Bowl junkets or lopping poor people off the state's health care rolls, our leaders did a really good thing last week.

They passed a probate bill aimed at better protecting vulnerable people and giving them a voice in what happens to them and their money. The vote was unanimous.

Full Article and Source:
Marie Long One Step Away From Getting Her Wish

Aide Accused of Preying on Elderly Widow

A heartless home aide is accused of preying on an elderly widow - turning her Queens apartment into a flophouse and plundering $800,000 to bankroll shopping sprees.

The 85-year-old victim, who is practically bedridden, said her savings were stolen right under her nose by a woman she trusted for seven years.

"She robbed me," Renee Fuld told the Daily News yesterday. "The only thing I could figure out is I gave her money to buy things and she kept it. I'm just sorry I didn't see her taking money. She would lie to me with a straight face."

Fuld said the aide, Jackie Pokuwaah, turned the Forest Hills apartment into a virtual boarding house, moving in at least seven friends and relatives - rent-free.

Pokuwaah, 52, is now locked up on charges of grand larceny and stolen property for the check-writing scheme, which went on for almost three years.

The fleecing ended when Pokuwaah's twice-weekly visits to a TD Bank - often carrying $800 checks with "laundry" written on the memo line - raised red flags with employees, officials said.

"Thank God for the bank," said Fuld, who is in the care of a new aide. "If they hadn't noticed the activity, she would still be roaming around here."

Full Article and Source:
Heartless Home Aide Accused of Swiping $800G From Elderly Queens Widow

Nebraska LB157: Debate Over Background Checks for Guardians

Legislative debate has begun on a measure that would requiring background checks for guardians and conservators and creating a central database of those guardians and conservators, among other things.

The bill (LB157) by state Sen. Colby Coash of Lincoln was borne of his work last year on a joint review committee to study the status of adult guardianships and conservatorships in the Nebraska court system.

His bill would require background checks for guardians and conservators and creating a central database that would include the status of guardian and conservatorships.

It would also require bonds for conservators when wards' assets are greater than $10,000. Much of Wednesday's debate centered on the bill's call to allow interested third parties to request more oversight when physical or mental health is in jeopardy.

Source:
Debate Over Background Checks for Guardians

VT Nursing Home Worker Charged With Exploitation

Vermont authorities say a nursing home worker who allegedly exploited a resident has been arrested in New Hampshire.

Thirty-six-year-old Jodi LaClaire is charged with 16 counts of financial exploitation of a vulnerable adult and attempted financial exploitation of a vulnerable adult.

Assistant Attorney General Linda Purdy says LaClaire made cash withdrawals and attempted other withdrawals using the credit card of a resident at the Thompson House Nursing Facility in Brattleboro, where she worked as a licensed nursing assistant.

If convicted, she could face up to 10 years in prison.

Full Article and Source:
VT Nursing Home Worker Charged With Exploitation

F. Robert LaSaracina's Atty Seeks Withdrawal

Mark Block, the Norwich attorney representing accountant F. Robert LaSaracina in several civil cases alleging fraud and default on LaSaracina's part, is asking the Superior Court for permission to withdraw as counsel, citing a potential claim that he has a conflict of interest.

In motions filed Thursday, Block seeks to withdraw from nearly a half-dozen cases in which he is representing LaSaracina and LaSaracina's business, F. Robert LaSaracina, CPA, LLC. The cases include two that stem from LaSaracina's alleged mishandling of a Norwich estate while serving as its trustee. In one, a conservator for one of the estate's beneficiaries accuses LaSaracina of malpractice and in the other LaSaracina is appealing a probate court judge's ruling that LaSaracina owes the estate $4.2 million.

Contacted Friday, Block indicated he had no comment on his request to withdraw.

Full Article and Source;
LaSaracina Attorney Seeks to Withdraw

Court Rules Against V.A. on Fiduciaries

A federal appeals court has told the Department of Veteran’s Affairs to loosen its grip on benefits decisions for veterans who have been declared incompetent.

The department appoints fiduciaries to manage the benefits of veterans who are no longer able to take care of themselves. There are 110,000 veterans’ accounts under fiduciary management, and the total value is about $3.2 billion.

Veterans’ families have argued in several recent cases that they do not want the financial minders appointed by the department, as an article in The New York Times reported earlier this month.

When families have sued, however, the department has generally argued that while families may have input in the decision to appoint a fiduciary, once the minder is in place the relationship is solely within the jurisdiction of the Department of Veterans Affairs and is not subject to judicial review.

On Tuesday, the United States Court of Appeals for Veterans Claims in Washington ordered the secretary of Veterans Affairs and his department to take a second look at that argument.

In a 20-page opinion, the three-judge panel approved a request to force the department to accept a “notice of disagreement” with the appointment of a fiduciary. The request was made on behalf of the family of William E. Freeman, a veteran with schizophrenia whose sister, Debora C. Allen, wants to manage his affairs. Families should not be shut out of fiduciary decisions, the court found: the laws, regulations and court decisions governing the issue “provide legally meaningful standards by which to evaluate the appointment of a fiduciary,” and the Freemans should be heard.

A spokesman for the Department of Veterans Affairs said that the department could not comment on individual cases, but stated: “The purpose of the Fiduciary Program is to protect the benefits paid to the most vulnerable veterans and beneficiaries who are unable to manage their own financial affairs. It is the Department of Veterans Affairs’ policy to ensure fiduciary decisions, made after careful and appropriate investigations, are based on what is determined to be in the veterans’ best interests.”

Douglas J. Rosinski, the lawyer for Mr. Freeman and several other veterans’ families seeking to take back control of benefits, said that instead of protecting “the most vulnerable veterans,” the department had allowed the process “to operate for the benefit of the V.A. and the so-called fiduciaries it enables to ignore, abuse and steal from the veterans that it ensnares.”

He said the federal court’s decision could be “one of the most important in some time because it opens up a previously impenetrable and arrogant part of the V.A. to judicial oversight.” The department needs to take the lead in reforming its processes, Mr. Rosinksi said, “instead of continuing to litigate these issues one by one.”

Source:
Court Rules Against V.A. on Fiduciaries

Judge Backs Grandson's Healthcare Proxy

An Essex County judge has upheld the validity of a health-care proxy for the grandson of an 83-year-old Gloucester man who became gravely ill while under the supervision of SeniorCare, Inc. at the McPherson Park housing complex.

The court action was rooted in SeniorCare's challenge to the right of Vito Loiacono, 38, grandson of Joseph Judd, to obtain Judd's medical records from SeniorCare, a Gloucester-based health services.

While SeniorCare has no role in Judd's care at present, it challenged the validity of Loicono's durable power of attorney (DPOA) and healthcare proxy (HCP).

Echoing the finding of a court-appointed "guardian ad litem" requested by SeniorCare in January, Judge Mary Ann Sahagian indicated Loiacono's DPOA was invalid because it had been executed after - although almost simultaneously to — the healthcare proxy, which proffered that Judd, who is illiterate, had dementia, according to court observers.

Technically, that made Judd unable to authorize subsequent legal documents.

But the judge concurred with the appointed guardian that the proxy was valid, and legal experts say should enable Loiacono to obtain the records he has sought from SeniorCare since June.

The guardian, Michelle Azzari, a family law specialist from Saugus, investigated Judd, Loiacono and the case during the past two months.

Announcing her rejection of the SeniorCare argument, Judge Sahagian told the company's attorney, Lawrence Varn, "you have no horse in this race," according to court observers.

Loiacono said he will pursue obtaining the medical records, and will formally seek guardianship of his grandfather.

"It's just one step at a time," he said.

Full Article and Source:
Judge Backs Grandson's Proxy of SeniorCare Challenge

Report Contradicts Priest's Claim About Parishioner's Competency

A new medical study challenges the account of a Northwest Side Catholic priest who says a 93-year-old parishioner was mentally competent when she made him trustee of her home last year.

The widow "suffered from dementia from as early as January 2008," according to an examination of her hospital records requested by Cook County Public Guardian Robert Harris.

The Rev. Thaddeus Dzieszko, of St. Constance Roman Catholic Church, has vigorously defended his actions, saying he became trustee of Waleria Krzemien's home to ensure she could continue to live there. But Dzieszko relinquished his interest in the property last fall after the public guardian raised questions about the deed during a probate court case.

The Archdiocese of Chicago and the Cook County state's attorney's office are conducting separate investigations into the land transaction. Dzieszko remains the pastor of St. Constance, but he has stepped aside from parish duties while authorities examine the disputed property transaction.

Full Article and Source:
Report Contradicts Pastor's Claim About Parishioner's Competency

See Also:
Priest Scrutinized in Property Transaction

Editorial: Ageism Contributes to Elder Abuse

One doesn't have to be a relative or friend of an older person who has suffered sexual abuse while in the charge of those hired to provide care, and not abuse and fear ("Putting a stop to elder sex abuse," March 30), to be upset by stories of sexual abuse of older people.

Of course, more thorough and extensive criminal background checks of care facility prospective employees will certainly help to reduce the number of potential offenders; so would overall improved hiring practices that focus on finding staff members who will treat residents and patients with the respect they deserve.

But what really needs to change is our attitude toward older people. Ageism, despite valiant efforts to promote the vitality that many seniors enjoy, remains one of the last vestiges of fairly accepted discrimination in our society. It's acceptable to find ways to not hire older (over 50, or sometimes, even over 45) people for jobs. It's acceptable to make fun of older people who are doing things more commonly ascribed to those who are younger ("Isn't it cute that Grandma met a man at, of all places, canoeing class?"). And worst of all, it is all too acceptable to not believe an older person, who may indeed have some physical and/or mental health issues, when she (or he) says in the strongest voice she can muster that she has been abused in the worst way possible.

Because whether we like it or not, most of us will be older some day. We cannot imagine such horror happening to us, and it should not happen to anyone else now.

Mary Stanik
Minneapolis (formerly of Eugene)

Source:
Ageism Contributes to Elder Abuse

MN: Those Under Guardianship Get Rights

An estimated 22,000 Minnesotans live under the authority of court-appointed guardians and conservators, and about 3,000 new cases are added each year. Now those individuals, many of them suffering from mental illnesses or dementia, have new protections from misconduct on the part of those appointed to make decisions for them.

Motivated by stories about questionable behavior by guardians and conservators, the state Legislature voted overwhelmingly to strengthen oversight of what had been a virtually unregulated profession in Minnesota.

The law, which Gov. Tim Pawlenty signed Friday, creates a "bill of rights" for wards and protected persons, bolsters their ability to challenge decisions made on their behalf and requires guardians and conservators to register with the state courts starting in 2013.

The law stops short of requiring certification of people wanting to be guardians and conservators, a measure required in several other states. The original bill passed by the Senate included that requirement, but Sen. Mee Moua, the St. Paul DFLer who championed the guardianship reforms, said she agreed to take it out in order to reach a compromise.

The guardian bill was a victory for advocates for the mentally ill, disabled and seniors, as well as individuals who came to the Capitol with horror stories about a family member's treatment by a guardian or conservator.

Some of those families brought their stories to Whistleblower, and my report in February about the costly guardianship and conservatorship of Peggy Greer of Excelsior was cited by lawmakers and advocates as the kind of situation they hope greater oversight will prevent.

Under the new law, guardians and conservators will have to make themselves and their decisions more visible to the court and interested persons, while wards have an affirmation of their rights to exercise as much liberty as their situations allow.

"We really think it will create more transparency to actions by guardians and more opportunities for court oversight," said Patricia Siebert, an attorney with the Minnesota Disability Law Center.

"It's not going to solve every problem out there," said Rep. Paul Thissen, the Minneapolis DFLer who drove the bill in the House. "It does start down path of bringing more transparency and more eyes to the process."

Source:
Those Under Guardianship Get Rights

Anthony Marshall Appeals

Brooke Astor's 86-year-old son doesn't want to go to prison for stealing from his mom - and he's using her words to try and reverse his blockbuster conviction.

Anthony Marshall's lawyers filed an 89-page legal brief with a New York appeals court Monday [4/18/11]in an attempt to get his 2009 guilty verdict tossed.

Marshall, who is out on bail, was convicted of looting his famous mother's $185 million fortune so he could leave it to his wife, Charlene, who Astor despised.

He was sentenced to one to three years.

The appeal papers attempt to refute prosecutors' assertions at trial that Astor was so out of it by 2004 that she didn't know what she was doing when she signed money over to her son.

"Brooke told \[a member of her household staff\] that Mrs. Marshall would be a very rich woman one day," the papers state--suggesting that Astor was clear-headed at the time.

The beloved philanthropist was 105 when she died in 2007.

In the legal papers, defense lawyers John Cuti and Kenneth Warner seek to overturn the convictions of Marshall and his co-defendant, disbarred estate lawyer Francis Morrissey - and want the indictment lodged against them tossed out completely. "This trial resulted in a miscarriage of justice," the papers state.

The lawyers claim that sending "an old sick man" to prison is "out of all proportion to the offense, even assuming guilt." They called the crimes "relatively minor."

Full Article and Source:
Convicted Brooke Astor Son Anthony Marshall Fights to Overturn Guilty Verdict

Judge Approves $7M Judgment in Mastro Case

U.S. Bankruptcy Court Judge Marc Barreca has entered a $7.1 million judgment against Seattle real estate developer Michael R. Mastro. Mastro also has agreed to pay the trustee's costs and attorneys’ fees for the proceeding.

The ruling ends the bankruptcy trustee's dispute with Mastro over assets that the trustee claims were shielded from creditors, but does not end the trustee's lawsuits against Mastro's son, wife and business associates that amount to more than $20 million.

The judgment was first proposed by Mastro’s guardian ad litem Faith Ireland last week. Ireland became Mastro’s guardian after the 86-year-old developer was incapacitated by a severe head injury suffered in a fall at his Palm Desert home in February.

Full Article and Source:
Judge Approves $7m Judtment vs Mastro

See Also:
Mastro Bankruptcy Trial Opens With Offer to Settle

Mastro Case: Judge Says Guardian Can't Be Paid With Funds for Creditors

TN Woman's Adult Daughter Taken From Her

Venders of the homeless newspaper The Contributor are on street corners all across Nashville but something seemed to stand out about the woman who's usually on Franklin Road in Brentwood.

That woman is usually seen selling those papers with her daughter who suffers from Downs Syndrome.

In January, a concerned group lead by Belinda Mitchell went to court to take Lisa Arnold away from her mother.

Jad Duncan is representing them.

"She's safe in a house getting 3 meals a day. She's off the streets," said Duncan.

Among the allegations against Renata Arnold, using her daughter to get donations, encouraging her to kiss men and panhandling with her in cold temperatures.

"This is not something that was just a fly by night decision in which one particular individual decided they were gonna up and remove a child from her home. There's lots of circumstances that occurred prior to this," said Duncan.

Duncan says the group wants to return Lisa to her mother but only if her living situation improves.

He believes that's happening and it may be one reason why Judge Randy Kennedy granted Arnold more visitation rights Wednesday.

The fact that she even has to fight for those rights is something Lucas says is wrong.

"I believe that Renaa is a victim in this situation," said Lucas.

The final decision of who get's authority over Lisa Arnold will likely come here at a hearing June 8th.

Full Article, Video and Source:
WZTV Fox 17 Report

NY Nursing Home Faces Punitive Damages for Elder Abuse

The New York Post recently reported that in December 2009, a Brooklyn nursing home was found guilty of negligence in the case of a patient who devel­oped numerous bedsores while under the home’s care. The jury awarded the patient’s family close to $4 million for pain and suffering, plus an additional $15 million as punishment for trying to cover up the poor patient care. This case is the first to charge a nursing home with punitive damages.

Sadly, this example of nursing home neglect is not the only one. Elder abuse is prevalent in nurs­ing homes around the country, and with serious consequences for patients. Older adults who are victims of elder abuse are more than twice as likely to die prematurely as are adults who are treated properly, according to a study published in the August 5, 2009 issue of the Journal of the American Medical Association.

The National Center on Elder Abuse defines institutional elder abuse as “any of several forms of maltreatment of an older person by someone who has a special relationship with the elder (a spouse, a sibling, a child, a friend, or a caregiver)” that occur in residential facilities for older persons, including nursing homes.

Looking exclusively at falls, the Centers for Disease Control and Prevention noted that an average nursing home with 100 beds reports 100 to 200 falls each year, representing up to 75 percent of residents. Many falls were caused by environmental hazards like wet floors, poor lighting, incorrect bed height and improper wheelchair use.

A November 2009 report from the University of California, San Francisco, stated that 26 percent of the nation’s nursing facilities were cited in 2008 for poor quality of care, 44 percent of nursing homes failed to ensure a safe environment for residents, 36 percent had food sanitation regulations violations and 33 percent of facilities received deficiencies for failure to meet quality standards.

Full Press Release and Source:
New York Nursing Home Faces Punitive Damages for Elder Abuse

New Rehab Center Dedicated to Memory of Terri Schiavo

Beginnings Community Center of Medford, NY, will be dedicating their center to the memory of Terri Schindler Schiavo. New Beginnings is a state of the art outpatient rehabilitative facility for Veteran’s, Traumatic Brain Injury Survivors and other cognitively and physically disabled persons. It is designed to provide rehabilitation, management and recovery services in an exceptional, stimulating and safe environment. “We are dedicating New Beginnings Community Center in Terri Schindler Schiavo’s memory,” said Allyson Scerri, New Beginnings Founder and President. “This is our way of honoring Terri’s memory, her battle for proper treatment as a cognitively disabled person, and all others who did not have the chance for rehabilitation,” she added.

“We are truly blessed by the vision of New Beginnings Community Center. We believe that this grand opening will set an example for health care facilities across the country to begin to fully understand that just because someone experiences a cognitive disability, and their physical appearance may change, their human dignity does not,” stated Bobby Schindler, Executive Director of Terri’s Life & Hope Network and brother of Terri Schiavo. One of the goals at the Terri Schiavo Life & Hope Network is to partner with care centers that provide assistance for brain injured individuals and support for their families.

Full Article and Source:
New Rehab Center Dedicated to Memory of Terri Schiavo

Adult Children Often Step in to Handle Tasks for Parents

After several years of her aging mother's hardships -- including open-heart surgery, a bad fall down 13 stairs and the death of a close companion -- Mary Margaret Esler knew she needed to step in and help her mom, Irene Esler, manage her life.

Esler, of Lower Burrell, has taken charge of her mother's checkbook and pays the bills. The younger Esler does all of the household chores, like laundry and cleaning, for Irene Esler, 77, who now is staying in a nursing home after falling and breaking her ankle. The older Esler has struggled, at times, as she accepts help from her daughter, with whom she has lived for several years.

"I have to give her a little bit of leeway, but she can't do it" on her own, says Mary Margaret Esler, 48. "She doesn't mind the help, but it's the fact that she can't do it anymore. She says, 'I used to do that; why can't I do it now?'

"I figured, if she kept me for that long, I can keep her," Mary Margaret Esler says, recalling her childhood.

When an elderly parent or other loved one reaches the point where everyday tasks become difficult -- particularly managing finances -- adult children need to intervene and take over some responsibilities, experts say. Yet, the situation is delicate; it's not easy for a parent to deal with what feels like a role reversal. After decades of managing their money and households, when older people can no longer do it without help from their grown kids, it can feel embarrassing and depressing.

One of the most important steps to take when helping ailing relatives, Small says, is giving power of attorney -- the permission for someone to act and make decisions on their behalf, financially and in other ways. This can help to protect seniors from their potentially bad choices.

Full Article and Source;
Adult Children Often Step in to Handle Tasks for Parents

Former Chicago Cop Convicted of Attempting to Bilk 90-Year-Old Man

A former Chicago Police officer was convicted Thursday of attempting to bilk a 90-year-old man out of his $500,000 home — as well as $400,000 in bank accounts and investments.

Donald Owsley, 63, was found guilty of financial exploitation of the elderly and forgery. Cook County Judge Timothy J. Joyce, who presided over the bench trial, found Owsley not guilty of official misconduct. Owsley’s next court hearing is scheduled for May 25.

Owsley’s attorney Jed Stone said he was gratified the judge found Owsley didn’t use his police job to victimize Theodore Hoellen. But he said he was “dumbfounded” by the conviction, saying there was no evidence of deception. Hoellen simply wanted to make sure his estranged brother and other relatives didn’t inherit anything, Stone said. He said Owsley and Hoellen had a “special father-and-son relationship.”

Owsley befriended Hoellen, who was suffering from dementia, and persuaded him to sign over his home in the 5800 block of North Kenton in 2001. Hoellen also gave Owsley control over $400,000 in bank accounts and his Chicago Transit Authority death benefit, prosecutors said.

Full Article and Source:
Former Cop Convicted of Bilking 90-Year-Old Man