The agent who was convicted of theft for selling an annuity to a woman with dementia was never proven to have known the client was impaired, according to the prosecutor in the case.
Dementia was a central element in the case that led to the felony theft conviction of Glenn A. Neasham, an annuity producer in northern California. He said he was not aware his 83-year-old client had dementia or Alzheimer’s when he sold her an Allianz MasterDex 10 indexed annuity in 2008. Two of his assistants also testified that they did not see signs of dementia.
The prosecutor argued that the client, Fran Schuber, had been diagnosed with dementia in 2004 and was not capable of consent in the purchase of the $175,000 annuity, which was approved in California for sale to people up to 85.
After the verdict, Lake County Deputy District Attorney Rachel Abelson said in a court filing that there was evidence that Neasham knew Schuber could not provide consent for the sale.
“There was sufficient evidence presented to show that Fran Schuber was not capable of consenting to the transaction in question and evidence showed that he [Neasham] knew that at the time of the evidence,” according to the prosecutor’s motion opposing Neasham’s request for a new trial.
But in an interview with InsuranceNewsNet, Abelson said she was not able to show that in court.
“Not necessarily that he knew that she had Alzheimer's or dementia, I couldn't necessarily prove that,” Abelson said. “The son told him, but we couldn't really pinpoint the time. It might have been at the transaction. Of course, I think he [Neasham] denies that he ever knew that she had this diagnosis.”
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Prosecutor Admits Not Proving Agent Knew Client Had Dementia
The door is left open here - did she have dementia or not? It seems if we forget where we put our car keys, we're labeled with dementia. It's a word too frequently thrown around.
ReplyDeleteFire the bum!
ReplyDeleteDementia does not mean a person is without the competency to live his or her life. Hell, each one of us are forgetful. In fact, CEO's and Presidents and even the Pope have many people 'reminding' them of what was said, done and what to do next. It's why we have memory alerts on our cell phone for events and ***. Proving a person is forgetful is like having to prove there is no Tooth Fairy. That plus the causes of dementia are many and most curable. Guardianizing a person because they have memory loss means before long, the Probate Courts of America where officers of the courts LIE so often they can't remember what they've said, will have us all institutionalized and appointed our guardians over our person and estates. This is one way to earn a healthy living and to get rid of the innocents who stand up and say, "NO YOU CAN"T FINANCIALLY EXPLOIT, DRUG, MEDICALLY AND SOCIALLY NEGLECT and then ultimately 'murder' when the money runs out just because your an attorney appointed by a probate court. That said, when has any 'lawyer' involved in a guardianship case actually told the truth or, God forbid, heeded to the wishes, intents, desires and directions of a Ward who believes he or she is being rightly cared for and
ReplyDeleteguarded' by our judicial? The answer is none, not a iota, zero! Hell, Cynthia Farenga, Adam Stern, and Peter Schmiedel three attorneys in the Sykes case can't remember what they've said from one proceeding to the next and have lied even in front of Federal Judges--- talk about having dementia... or maybe tit's just that they psychological liars. So every one who forgot something today, don't tell anybody associated with a Probate case because your next bed will be one in isolation, and you will be drugged, medically neglected,and all of your assets and property churned for the benefit of the exact people claiming you have dementia.