Saturday, May 21, 2011

The Corruption of Michael Rowe

Michael Rowe sustained a disability due to a motorcycle accident which occurred in Sept. of 1982, at the age of 16. He was hospitalized for several weeks then transferred to an intensive rehabilitation unit, where he learned to clothe and feed himself, use a wheelchair and do transfers. Gradually, he learned to walk with a walker. One side of his body is very limited. His speech is affected by the accident, but Michael learned to communicate quite effectively.

After 4 months of intensive rehabilitation, the doctors sent Mike home in the care of his mother and brother. He went to regular school. He was home for 2 years, then was transferred to a foster care boarding school, as it became more difficult for his family to care for him. His brother was the main care taker as his mother is developmentally disabled.

He lived at Shady Pines Foster Care, in Battle Creek, Michigan for the next 10 years. His court records indicate that Michael was sent home from rehab on NO medication and continued to progress for the next 12 years without medications.

Michael adapted to his disability. Family and friends described Mike as bright, happy, out-going and fun loving. Mike enjoyed school, and especially wood working class, competition wheel chair sports, bowling, swimming, and gardening. He won awards for the competitions. He liked girls and they liked him. He dated mostly non- handicapped girls. He liked going out with friends to fairs, dances and proms.

His school records are glowing with good reports, which documented Mike was groomed for independent living upon graduation and recommended for job training. It took Mike longer to get through school due to his disability, but he made it , and achieved a high school diploma! Mike was excited about getting into an apartment with some assistance with daily care. He was excited about being independent. As you know many American's with disabilities live independently successfully.

But then a horrible turn of events occurred which shattered Mike's hope of living the American dream.

In late 1995 ( nearly 14 years AFTER Mikes accident) he ended up in a rehab facility which claimed to specialize in treating persons with head injuries. Mike was lead to believe by a social worker that this move would train him for a job and independent living. But it was a trick.

Source:
CorruptionOfMichael.com

Nursing Homes With a Track Record - a Bad One

Among the 15,547 nursing homes in the full set of U.S. News rankings, 131 are tagged as "Special-Focus Facilities." Consider it a red flag. These homes have been singled out by the state where they operate and by the federal Centers for Medicare and Medicaid Services as nursing homes with long histories of subpar or inconsistent health inspections. Here's more about SFFs:

What makes a nursing home an SFF?
A history. A single event, even a serious one such as spoiled food that sickens several residents, isn't enough. But similar findings in three consecutive inspections are one of three required SFF flags. The second is that a deficiency affected or could have affected many residents. The third is that the problem remained unresolved on follow-up inspections.

Should I remove my loved one from an SFF?
Not necessarily. Moving a resident who has grown used to the rhythms and routines of a home can be upsetting, even traumatic. If you are generally satisfied with the level of care, says CMS spokesperson Mary Kahn, it's better just to be watchful. "One family member who is attentive and an activist," she says, "can go a long way toward ensuring their loved one receives good care."

Full Article and Source:"
Nursing Homes With a Track Record - A Bad One

Friday, May 20, 2011

Alleged Guardian Theft

An Appleton man hired by Outagamie County to protect the legal interests of elderly and disabled residents is charged with stealing hundreds of thousands of dollars from their accounts.

Affected families say the alleged crimes are devastating.

Jeffrey Schend, 44, faces six felony counts of theft in Outagamie County.

He's worked as a contracted legal guardian for the county since 2004, and late last year his business, JMS Guardianship Services, began receiving calls that clients' bills weren't being paid.

According to the criminal complaint, prosecutors examined accounts of four people under Schend's care, and they discovered about $400,000 transferred to Schend's company could not be found in the company's books.

The family of one of the alleged victims in this case says they are appalled by the allegations.

Full Article,Video, and Source:
Families Devastated by Legal Guardian's Alleged Theft

Jerry Eckwood is Conserved

On Tuesday [5/10/11", [Judge Randy} Kennedy sided with the NFL Player Care Foundation, which asked the judge in January to appoint someone to help [Jerry] Eckwood make financial and medical decisions.

Kennedy ruled that the duty should be permanently held by Watson and Kristy Robinson with Elder Care Options Consultants, whom he initially appointed to serve temporarily in that role.

“The NFL was not trying to take over his life,” said Christina Norris, a Nashville-based lawyer for the NFL Player Care Foundation.

“It just wants to give him better access to that $88,000 a year that he is entitled to. Most families say, ‘Thank goodness.’ ”

But Eckwood has told court officials that he wants to live on his own and to “get the NFL out of my business.”

Full Article and Source:
Judge Sides With NFL to Help Former Player

Britney Spears to Have Psychiatric Eval

Due to the legal battle between Sam Lutfi (Britney’s ex-manager) and Lynne Spears (Britney’s mother), Britney Spears might be undergoing a court ordered Psychiatric exam.

Lutfi is insisting on having Britney give a deposition during his defamation lawsuit against her mother. However, James Spears (Britney’s Father) and Andrew Wallet (Britney’s Family Attorney) still maintain Britney’s conservatorship and are saying that Britney is mentally incapable of testifying. This is why Lutfi requested for the Judge to order a psychiatric evaluation for Britney.

Ultimately, if the judge does order an evaluation and it shows that Britney is mentally capable of testify, it might also be the beginning of the end of her conservatorship.

Full Article and Source:
Britney Spears to Have Psychiatric Evaluation

Thursday, May 19, 2011

'Isolate, Medicate, Steal the Estate'



Source:
YouTube: Isolate, Medicate,Steal the Estate

Husband, Milton Supervisor Thompson Had No Knowledge of Wife's Alleged Theft

Deborah Thompson’s husband, Milton Supervisor Frank Thompson, had no knowledge of her alleged wrongdoing, her attorney said Thursday.

Deborah Thompson, 62, was charged April 29 with third-degree grand larceny for allegedly stealing more than $25,000 from an elderly resident at Maplewood Manor, while acting as the woman’s legal guardian.


Full Article, Video, and Source:
Lawyer: Frank Thompson Knew Nothing About His Wife's Theft

See Also:
NY County Supervisor's Wife Charged With Theft

Wednesday, May 18, 2011

Responsibility for a Deceased Relative's Debts

The loss of a loved one is tough to begin with, but if the loved one left debts behind, it can be even tougher. Family members generally should not have to pay for a decedent's debts, but it is important to know your rights because collection agencies may target the decedent's relatives.

Usually the loved one's estate is responsible for paying any debts. If the estate does not have enough money, the debts will go unpaid. The debt collectors may not collect payment from relatives (unless they were co-signers or guarantors). However, if you are the spouse of the decedent, you may have responsibility for any debts that were jointly held. Depending on state law, some assets -- such as a house or car -- may be exempt from debt collection. You should talk to an attorney to determine your responsibility, if any.

If a debt collector contacts you, give the collector the contact information for the personal representative (also called the "executor") who is handling the estate. It is the personal representative's responsibility to make sure all bills are paid. Whatever you do, do not give any personal information to debt collectors. Scam artists sometimes pose as debt collectors to prey on relatives.

If a debt collector won't stop contacting you, send a certified letter to the collector saying you do not want to be contacted again. Once the collector receives the letter, the collector can contact you only to tell you that there will be no further contact or to inform you of a lawsuit. Report any problems with debt collectors to your state's attorney general or to the Federal Trade Commission.

Source:
Responsibility for Deceased Relative's Debts

Tuesday, May 17, 2011

Gary Harvey - Government Intrusion

Where does one turn when you become disabled, vulnerable or old and become unlawfully a victim of the system? There are no kind words for the injustice that Chemung County New York has visited upon my husband, Gary Harvey and me.

My husband a veteran who served his country and fought for our freedom is being denied his.

Until January 2006, my husband was leading a normal life.

Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury.

Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.

I have been struggling against all odds to save my husband from what I fear could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.

Can you believe that Adult Protective Services of Chemung County New York who is suppose to “Protect”, a community guardian of and for Gary since March 2007 ... they actually petitioned the county court for permission to kill their ward?

Full Article and Source:
Government Intrusion

Caregiving Contracts

Many people are willing to voluntarily care for a parent or loved one without any promise of compensation. Even so, a growing number of people are entering into caregiver contracts (also called personal service or personal care agreements) with their family members. Having such a contract has many benefits. It rewards the family member doing the work. It can help alleviate tension between family members by making sure the work is fairly compensated. In addition, it can be a be a key part of Medicaid planning, helping to spend down savings so that the elder might more easily be able to qualify for Medicaid long-term care coverage, if necessary.

The following are some things to keep in mind when drafting a caregiver contract:

•Meet with your attorney. It is important to get your attorney's help in drafting the contract, especially if qualifying for Medicaid is a goal.

•Caregiver's duties. The contract should set out the caregiver's duties, which can be anything from driving to doctor's appointments and attending doctor's meetings to grocery shopping to help with paying bills. The length of the term of the contract is usually for the elder's lifetime, so it is important to cover all possibilities, even if they are not currently needed. The contract can continue even if the elder enters a nursing home, with the caregiver acting as the elder's advocate to ensure the best possible care.

•Payment. Payment to the caregiver can either be made with a lump-sum payment or in weekly or monthly installments. For Medicaid purposes, it is very important that the pay not be excessive. Excessive pay could be viewed as a gift for Medicaid eligibility purposes. The pay should be similar to what other caregivers in the area are making, or less. To calculate a lump-sum payment, take the monthly rate and multiply it by the elder's life expectancy. (Not that some states, Georgia for example, do not recognize the ability to create a lump sum contract based upon life expectancy.)

•Taxes. Keep in mind that there are tax consequences. The caregiver will have to pay taxes on the income he or she receives.

•Other sources for payment. If the elder does not have enough money to pay his or her caregiver, there may be other sources of payment. A long-term care insurance policy may cover family caregivers, for example. Also, there may be state or federal government programs that compensate family caregivers. Check with your local Agency on Aging to get more information.

Source:
Caregiver Contracts: A Growing Planning Trend for Families

Monday, May 16, 2011

Physician Named John Q. Hammons' Temporary Guardian

A veteran Springfield physician has been appointed to serve as temporary guardian of hotel magnate John Q. Hammons.

Dr. James Coulter, a board-certified pulmonologist and internal medicine specialist with 43 years medical experience, is now providing independent medical advice to the court about care for the ailing Hammons.

He also is deciding who can visit Hammons at the long-term care facility where Hammons has resided for nearly a year, according to a source with knowledge of Coulter's appointment.

[Greene County Probate Judge Michael]Cordonnier has closed the guardianship petition hearings to the public and also closed documents and records related to the case.

Full Article and Source:
Physician Named Temporary Guardian in Hammons Case

See Also:
Judge Moves John Q. Hammons Hearing to Nursing Home

Nursing Home for Criminals Concerns Neighbors

Most of us probably think of a nursing home as a place for elderly loved ones to get the care and help they need…not a haven for criminals sponging off taxpayers. But that's what FOX 4's Becky Oliver found in a community outside of Fort Worth.

It’s a serene, tidy little neighborhood on the shores of Lake Worth with parks, lakefront homes, and cottages where families have lived for decades. But there’s a cancer in the midst of the tranquility.

“My family has lived here since 1935 and it feels like we’re in jail, you know, because of these people,” said Kerry Gallagher.

There are about 50 of “these people” at the Lake Worth Nursing Home…registered sex offenders, convicted felons, and prison parolees, some labeled violent offenders by the Texas Department of Criminal Justice (TDCJ).

But these are not your typical nursing home patients confined to a wheelchair or bed.

“Sick, old people are fine in there, you know. Not these young 30 or 40 year old sex offenders down there. That’s ridiculous,” said Mary Cecil, who lives just down the street from the nursing home.

Full Article, Video and Source:
Nursing Home for Criminals Concerns Neighbors

56K Seniors Victims of Abuse and Neglect in Texas

It's a crime that reaches into thousands of homes... maybe yours... and often... people aren't even aware of it.

How bad is elderly abuse? Here are some numbers that demonstrate the problem.

More than 56 thousand Texans who are older than 65 were victims of abuse, neglect or exploitation in 2010.

About a thousand of those Senior Citizens were victims who lived in Jefferson County.

Dozens of people walked through downtown Beaumont...they held signs & chanted... to make people aware of the victims of elderly abuse.

“I think we made enough noises down the street we got people's attention,” said Angella Holland.

Full Article and Source:
56,000 Senior Citizens Victims of Abuse and Neglect

Sunday, May 15, 2011

Senator Herb Kohl to Retire

Wisconsin Democratic Sen. Herb Kohl said he's not running for a fifth term in 2012.

Kohl has been unassuming in the Senate, often focusing on local issues. He serves as chairman of the Senate Special Committee on Aging, a key post for a state with a large elderly population.

Source:
Wisconsin Senator Herb Kohl to Retire

Canada: Judge Rules Institutions Trump Home Care for Elderly

British Columbia resident Kathleen Palamarek, an elderly widow and patient in the Broadmead Lodge nursing home in Saanich, a community in Greater Victoria on Vancouver Island, will remain there indefinitely, after a Canadian judge ruled Tuesday that institutional confinement trumps family living.

Mrs. Palamarek’s daughter, Lois Sampson, has spent three years trying to free her mother from Broadmead, to no avail. The ruling from B.C. Justice David Harris, coming more than two months after the end of a trial in which Mrs. Sampson brought in myriad legal and medical experts who questioned the quality of Mrs. Palamarek’s care and the advisability of her continued residence at Broadmead apparently puts an end to the case.

Among the issues raised by her daughter was the drug regimen Mrs. Palamarek was administered in the nursing home. Mrs. Sampson maintained, and expert witnesses testified, that some of the drugs had harmful side effects, especially for elderly patients including heart attacks or strokes.

Full Article and Source:
Granny Snatching: Canada - Judge Rules Institutions Trump Homes for Elderly

Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

A woman who was diagnosed as being brain dead has recovered three days after her husband begged doctors to put in a breathing tube before switching off a ventilator at an Australian hospital, the Northern Territory News reported Wednesday.

Gloria Cruz, 56, underwent brain surgery after a tumor was discovered when she suffered a stroke on March 7 and was rushed to the Royal Darwin Hospital in Darwin, Northern Territory.

Doctors told her husband Tani Cruz, 51, the case was “hopeless” and she would probably die within 48 hours following the surgery.

After two weeks, a breathing tube was inserted in Mrs Cruz's mouth and the ventilator was turned off. Hospital staff were stunned when she woke from her coma three days later.

When a doctor recommended that the ventilator be removed and Gloria Cruz be allowed to die, her husband told them, "I'm a Catholic -- I believe in miracles.”

Full Article and Source:
Terri's Fight: Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

A woman who was diagnosed as being brain dead has recovered three days after her husband begged doctors to put in a breathing tube before switching off a ventilator at an Australian hospital, the Northern Territory News reported Wednesday.

Gloria Cruz, 56, underwent brain surgery after a tumor was discovered when she suffered a stroke on March 7 and was rushed to the Royal Darwin Hospital in Darwin, Northern Territory.

Doctors told her husband Tani Cruz, 51, the case was “hopeless” and she would probably die within 48 hours following the surgery.

After two weeks, a breathing tube was inserted in Mrs Cruz's mouth and the ventilator was turned off. Hospital staff were stunned when she woke from her coma three days later.

When a doctor recommended that the ventilator be removed and Gloria Cruz be allowed to die, her husband told them, "I'm a Catholic -- I believe in miracles.”

Full Article and Source:
Terri's Fight: Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

SD Supreme Court Suspends Atty for Acting Improperly in Guardianship and Conservatorship Case

The South Dakota Supreme Court has suspended an Aberdeen attorney for 45 days for acting improperly in a guardianship and conservator case. The suspension begins May 27.

The American News reports that Tom Tobin did not contest the recommendation from the State Bar's disciplinary board. He did not immediately return a telephone call to The Associated Press on Tuesday seeking comment.

Tobin served as city attorney for Aberdeen from 1986-1999. The disciplinary board said he has been the subject of previous complaints and has been publically censured in the past.

Full Article and Source;
SD Supreme Court Suspends Aberdeen Attorney