Source:
YouTube: Lawless America: Congressional Testimony: Garr Alan Sanders to Bill Windsor of Lawless America
See Also:
LawlessAmerica
NASGA: Robert Sanders, Missouri Victim
Saturday, December 8, 2012
House Votes to Eliminate "Lunatic" From Federal Law
The word “lunatic” will be stricken from federal law under legislation that passed the House on Wednesday and is headed to President Obama for his signature.
The Congressional action is the latest effort to remove language from federal law that has become outdated or is considered demeaning. Two years ago Congress took out references to “mental retardation.”
“The term ‘lunatic’ holds a place in antiquity and should no longer have a prominent place in our U.S. code,” said Representative Robert C. Scott, Democrat of Virginia, shortly before the 398-to-1 vote in the House. The word, derived from the Latin word from moon, arises from ancient beliefs that people could become “moonstruck” by lunar movements.
The legislation cites one instance in banking regulation that refers to the authority of a bank to act as a “committee of estates of lunatics” on guardianship issues.
The Senate passed the measure in May; it was sponsored there by Senators Kent Conrad, Democrat of North Dakota, and Michael D. Crapo, Republican of Idaho.
“Federal law should reflect the 21st century understanding of mental illness and disease, and that the continued use of this pejorative term has no place in the U.S. code,” Mr. Conrad said.
Full Article and Source:
House Votes to Eliminate "Lunatic" From Federal Law
The Congressional action is the latest effort to remove language from federal law that has become outdated or is considered demeaning. Two years ago Congress took out references to “mental retardation.”
“The term ‘lunatic’ holds a place in antiquity and should no longer have a prominent place in our U.S. code,” said Representative Robert C. Scott, Democrat of Virginia, shortly before the 398-to-1 vote in the House. The word, derived from the Latin word from moon, arises from ancient beliefs that people could become “moonstruck” by lunar movements.
The legislation cites one instance in banking regulation that refers to the authority of a bank to act as a “committee of estates of lunatics” on guardianship issues.
The Senate passed the measure in May; it was sponsored there by Senators Kent Conrad, Democrat of North Dakota, and Michael D. Crapo, Republican of Idaho.
“Federal law should reflect the 21st century understanding of mental illness and disease, and that the continued use of this pejorative term has no place in the U.S. code,” Mr. Conrad said.
Full Article and Source:
House Votes to Eliminate "Lunatic" From Federal Law
Friday, December 7, 2012
Attorney: San Mateo County Office so Chaotic That Workers Had to Cover Dead Clients' Estate Costs
The San Mateo County Public Administrator's office was so disorganized that employees frequently paid for work-related expenses out of their own pockets and reimbursed themselves from clients' accounts, according to a legal motion.
The attorney for one of two former county employees arrested in June on suspicion of stealing from the estates of deceased residents filed the motion in an attempt to obtain grand jury transcripts on the case.
Although federal Magistrate Judge Nathanael Cousins denied release of the transcripts, Dean Johnson, the lawyer for defendant Peter Wong, said he is confident his client and fellow defendant Mandy Natchi Yagi will be vindicated if the case goes to trial as scheduled May 6.
"They worked for the county under some very difficult circumstances," Johnson said. "They tried very hard to do a very good job."
Wong, of Daly City, and Yagi, of San Mateo, were arrested by FBI agents in June and charged with conspiracy to commit theft from a federally funded program and theft concerning a federally funded program. An indictment filed in U.S. District Court and unsealed after their arrest states that the two took money, jewelry and other valuables from estates they administered.
In his motion, Johnson claimed the FBI's evidence showed that the Public Administrator's office "was best described as chaotic."
Full Article and Source:
Attorney: San Mateo County Office so Chaotic That Workers Had to Cover Dead Clients' Estate Costs
Although federal Magistrate Judge Nathanael Cousins denied release of the transcripts, Dean Johnson, the lawyer for defendant Peter Wong, said he is confident his client and fellow defendant Mandy Natchi Yagi will be vindicated if the case goes to trial as scheduled May 6.
"They worked for the county under some very difficult circumstances," Johnson said. "They tried very hard to do a very good job."
Wong, of Daly City, and Yagi, of San Mateo, were arrested by FBI agents in June and charged with conspiracy to commit theft from a federally funded program and theft concerning a federally funded program. An indictment filed in U.S. District Court and unsealed after their arrest states that the two took money, jewelry and other valuables from estates they administered.
In his motion, Johnson claimed the FBI's evidence showed that the Public Administrator's office "was best described as chaotic."
Full Article and Source:
Attorney: San Mateo County Office so Chaotic That Workers Had to Cover Dead Clients' Estate Costs
MI: Redford Woman Charged With Embezzling Money From Elderly Father in Nursing Home
A Redford Township woman is charged with embezzling money from her elderly father while he was in a nursing home.
Renee Bullock was charged with one felony count of embezzlement from a vulnerable adult.
Mich. Attorney General Bill Schuette announced the charges on Wednesday.
Bullock was granted power of attorney and appointed guardianship of her father after he was admitted to nursing facility in Westland.
From the time her father was admitted to the facility in Dec. 2010, until March 2012, Schuette says Bullock failed to make payments to the nursing home.
Instead Schuette says Bullock leased a Cadillac CTS and a Chevrolet Tahoe and made payments to them using the funds.
An investigation also found the money was used at casinos, nail and tanning salons, numerous restaurants and retail establishments.
In addition, Schuette says cash advance loans were repaid with the money.
"Financial exploitation of Michigan's most vulnerable, our seniors, is one of the fastest growing crimes," said Schuette. "Nursing home residents are the most vulnerable and the least likely to detect or report exploitation. We are cracking down on criminals who target Michigan's nursing home residents."
Full Article and Source:
Redford Township Woman Charged With Embezzling Money From Elderly Father in Nursing Home
Full Article and Source:
Redford Township Woman Charged With Embezzling Money From Elderly Father in Nursing Home
Nevada Family Court Judge Suspended
A Family Court judge charged in an investment fraud scheme is off the bench.
The state Judicial Discipline Commission has suspended Judge Steven Jones with pay, until his criminal case is resolved.
Jones and five others have been indicted on charges they persuaded people to lend them money, promising fast repayment with interest. Prosecutors allege Jones used his position to vouch for the other defendants, including his former brother-in-law.
Jones has pleaded not guilty, and he will go to trial in August.
Source:
Family Court Judge Suspended
The state Judicial Discipline Commission has suspended Judge Steven Jones with pay, until his criminal case is resolved.
Jones and five others have been indicted on charges they persuaded people to lend them money, promising fast repayment with interest. Prosecutors allege Jones used his position to vouch for the other defendants, including his former brother-in-law.
Jones has pleaded not guilty, and he will go to trial in August.
Source:
Family Court Judge Suspended
Thursday, December 6, 2012
Author Joe Roubicek Guests This Sunday Night on T.S.Radio
Joe Roubicek, author of "Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes" will be a special guest this Sunday night (12/9) on T.S. Radio to discuss his newest book, "Kill Mom, Kill Dad: Disposing of the Elderly for Profit!"
The new book, a work in progress, is an expose providing a panoramic view of the devastation and corruption of exploitation crimes that even seasoned criminal investigators are unaware of.
5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST
NASGA will post a direct link to the show on Sunday, 12/9, so you can listen to it live!
See Also:
FinancialAbuseOfTheElderly
The new book, a work in progress, is an expose providing a panoramic view of the devastation and corruption of exploitation crimes that even seasoned criminal investigators are unaware of.
5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST
NASGA will post a direct link to the show on Sunday, 12/9, so you can listen to it live!
See Also:
FinancialAbuseOfTheElderly
Editorial: Time to Fix State's Guardianship Laws
The Minnesota Attorney General’s Office recently prosecuted a legal guardian, Terri Ann Hauge doing business as Estate Resources, Inc., who was suspended from the practice of law in Minnesota in 1995 for lying to clients and mishandling cases.
Because existing law does not require disclosure of professional licensing actions, Hauge was subsequently appointed to serve as a guardian for dozens of vulnerable adults.
That was bad news for them: A complaint filed by the Attorney General’s Office and court documents alleged that:
• In one case involving a ward under her care who only received $650 in Social Security per month, Hauge drained $22,666 from his bank accounts over a seven month period, leaving him with $34.
After Hauge was removed as his guardian-conservator, county social services found that he was living in a squalid apartment with no edible food.
Legislation is in the works by Rep. Debra Hilstrom, chair of the Minnesota House Judiciary Committee, and Sen. Ron Latz, chair of the Senate Judiciary Committee.
The Minnesota Attorney General’s Office supports the proposed legislation, which it says would improve Minnesota’s background check process for guardians and conservators and provide stronger safeguards against financial exploitation by:
• Expanding background checks to include whether a guardian or conservator has ever been denied a professional license by the state related to the responsibilities of a fiduciary duty, or whether they’ve had a license conditioned, suspended or revoked.
• Requiring that guardians and conservators disclose additional information that may bear on their soundness as a guardian, including whether they have filed bankruptcy, been found civilly liable for fraud or misrepresentation, have outstanding civil monetary judgments against them, or have an order for protection or harassment restraining order issued against them.
• Providing that background checks be conducted every two years, instead of every five years as the law currently provides.
• Requiring that guardians disclose the above information, as well as any changes in their criminal history, within 30 days of the incident.
Full Editorial and Source:
Editorial: Time to Fix State's Guardianship Laws
Because existing law does not require disclosure of professional licensing actions, Hauge was subsequently appointed to serve as a guardian for dozens of vulnerable adults.
That was bad news for them: A complaint filed by the Attorney General’s Office and court documents alleged that:
• In one case involving a ward under her care who only received $650 in Social Security per month, Hauge drained $22,666 from his bank accounts over a seven month period, leaving him with $34.
After Hauge was removed as his guardian-conservator, county social services found that he was living in a squalid apartment with no edible food.
Legislation is in the works by Rep. Debra Hilstrom, chair of the Minnesota House Judiciary Committee, and Sen. Ron Latz, chair of the Senate Judiciary Committee.
The Minnesota Attorney General’s Office supports the proposed legislation, which it says would improve Minnesota’s background check process for guardians and conservators and provide stronger safeguards against financial exploitation by:
• Expanding background checks to include whether a guardian or conservator has ever been denied a professional license by the state related to the responsibilities of a fiduciary duty, or whether they’ve had a license conditioned, suspended or revoked.
• Requiring that guardians and conservators disclose additional information that may bear on their soundness as a guardian, including whether they have filed bankruptcy, been found civilly liable for fraud or misrepresentation, have outstanding civil monetary judgments against them, or have an order for protection or harassment restraining order issued against them.
• Providing that background checks be conducted every two years, instead of every five years as the law currently provides.
• Requiring that guardians disclose the above information, as well as any changes in their criminal history, within 30 days of the incident.
Full Editorial and Source:
Editorial: Time to Fix State's Guardianship Laws
Minnesota Attorney General Wants Deeper Background Checks on Guardians
After hundreds of allegations of guardian abuse, neglect and theft across the nation, Minnesota Attorney General Lori Swanson wants a more rigorous background check process for all guardians and conservators in Minnesota.
She is backing legislation, written by state Rep. Debra Hilstrom, DFL-Brooklyn Center, and Sen. Ron Latz, DFL-St. Louis Park, that would provide greater protection to vulnerable adults under the care of guardians.
"This legislation would update Minnesota law to help ensure that guardians meet the high standards necessary to look after another person," Swanson said.
The proposed legislation would require guardian background checks every two years instead of the current five years. It would expand the checks to include whether a guardian previously had a professional license denied, suspended or revoked.
It also requires they disclose any information that could decrease their ability to act as a guardian. This information includes whether they have filed for bankruptcy, were found liable for fraud or have had a restraining order against them.
Swanson's office pointed to the conviction of guardian Terri Ann Hauge as to why the tougher law is needed. Hauge was suspended from practicing law in 1995, but because Minnesota law does not require she disclose the suspension, Hauge was appointed to serve as a guardian for dozens of adults.
Hauge stole more than $22,000 from a client, leaving him with $33 in his bank account, prosecutors said.
Full Article and Source:
Minnesota Attorney General Wants Deeper Background Checks on Guardians
She is backing legislation, written by state Rep. Debra Hilstrom, DFL-Brooklyn Center, and Sen. Ron Latz, DFL-St. Louis Park, that would provide greater protection to vulnerable adults under the care of guardians.
"This legislation would update Minnesota law to help ensure that guardians meet the high standards necessary to look after another person," Swanson said.
The proposed legislation would require guardian background checks every two years instead of the current five years. It would expand the checks to include whether a guardian previously had a professional license denied, suspended or revoked.
It also requires they disclose any information that could decrease their ability to act as a guardian. This information includes whether they have filed for bankruptcy, were found liable for fraud or have had a restraining order against them.
Swanson's office pointed to the conviction of guardian Terri Ann Hauge as to why the tougher law is needed. Hauge was suspended from practicing law in 1995, but because Minnesota law does not require she disclose the suspension, Hauge was appointed to serve as a guardian for dozens of adults.
Hauge stole more than $22,000 from a client, leaving him with $33 in his bank account, prosecutors said.
Full Article and Source:
Minnesota Attorney General Wants Deeper Background Checks on Guardians
California Fiduciaries Bureau Advisory Committee Lacks Public And Non-Profit Advocacy Committee Members
As of July 6, 2012, the California Fiduciaries Bureau Advisory Committee lacks three members out seven. The three of the four current committee members are all private licensed fiduciaries, leaving very little room for the protection of consumers of the private fiduciary, guardian, and or trustee in California.
According to the Fiduciaries Bureau Committee Member web page at http://www.fiduciary.ca.gov/about_us/advisory_committee.shtml, all its licensed private fiduciary advisory members have been appointed by the Governor of California.
It is not surprising that the Fiduciaries Bureau of California is lacking a public advisory committee member, and it also not surprising that the Bureau advisory committee is without a non-profit organization advocating on behalf of the elderly, considering the Bureau’s lackluster record in protecting consumers of private fiduciaries from financial abuse, emotional distress, and their freedoms.
The Fiduciaries Advisory Committee may be reached at fiduciary@dca.ca.gov.
Full Article and Source:
FiduciaryWatch: California Fiduciaries Bureau Advisory Committee Lacks Public And Non-Profit Advocacy Committee Members
According to the Fiduciaries Bureau Committee Member web page at http://www.fiduciary.ca.gov/about_us/advisory_committee.shtml, all its licensed private fiduciary advisory members have been appointed by the Governor of California.
It is not surprising that the Fiduciaries Bureau of California is lacking a public advisory committee member, and it also not surprising that the Bureau advisory committee is without a non-profit organization advocating on behalf of the elderly, considering the Bureau’s lackluster record in protecting consumers of private fiduciaries from financial abuse, emotional distress, and their freedoms.
The Fiduciaries Advisory Committee may be reached at fiduciary@dca.ca.gov.
Full Article and Source:
FiduciaryWatch: California Fiduciaries Bureau Advisory Committee Lacks Public And Non-Profit Advocacy Committee Members
Wednesday, December 5, 2012
TX Family Not Notified About Father's Death Until a Month Later
A family was stunned to learn that their father had been dead and buried for a month after they recently paid a visit to the La Porte Healthcare Center where he was staying. "I said, 'I'm here to see my father, George Howard,'" Georgia Robinson said in an interview with KHOU 11 News. "She (the nurse) said George Howard passed over a month ago. At that point I just fell against the wall and went to screaming." Howard was in the Harris County guardianship program due to mental illness.
Source:
LaPorte Family Not Notified About Father's Death Until a Month Later
LaPorte Family Not Notified About Father's Death Until a Month Later
The Lawless America Movement Presents Proposed Legislation to Save America
Lawless America...The Movie is all about exposing the fact that we now live in Lawless America. We no longer have laws that are enforced because judges do whatever they want to do. America has also become lawless because government officials are dishonest and/or corrupt.
Source:
YouTube: The Lawless America Movement presents Proposed Legislation to Save America
See Also:
LawlessAmerica
Source:
YouTube: The Lawless America Movement presents Proposed Legislation to Save America
See Also:
LawlessAmerica
Judge William Watkins Accepts Discipline and Promises to Improve
Putnam County Family Court Judge William Watkins, who has been under fire for the way he treats people in his courtroom, testified at a hearing Tuesday that he wants to remain in his position. He also vowed to improve his court and his behavior.
Watkins was charged with misconduct after five individuals complained that he harassed them in his courtroom and that he didn't handle domestic violence orders promptly.
He made headlines in June when a 16-minute video uploaded to YouTube depicted the judge screaming at a preacher involved in a divorce case in his courtroom.
The judge apologized to that preacher, Arthur Hague, in the hearing Tuesday and said he knew his behavior was unacceptable.
"I believe the 10 years I've served I've done an outstanding job and also believe I have made mistakes," Watkins said. "And I'd like the opportunity to correct those mistakes."
Full Article and Source:
Putnam Family Judge Watkins Accepts Discipline and Promises to Improve"
See Also:
Judge William Watkins' Meltdown
Watkins was charged with misconduct after five individuals complained that he harassed them in his courtroom and that he didn't handle domestic violence orders promptly.
He made headlines in June when a 16-minute video uploaded to YouTube depicted the judge screaming at a preacher involved in a divorce case in his courtroom.
The judge apologized to that preacher, Arthur Hague, in the hearing Tuesday and said he knew his behavior was unacceptable.
"I believe the 10 years I've served I've done an outstanding job and also believe I have made mistakes," Watkins said. "And I'd like the opportunity to correct those mistakes."
Full Article and Source:
Putnam Family Judge Watkins Accepts Discipline and Promises to Improve"
See Also:
Judge William Watkins' Meltdown
Tuesday, December 4, 2012
VA: Guardianship Case in McLean Illustrates Lack of Regulation for Those Caring for the Elderly
Samuel Drakulich earned a Bronze Star for drawing enemy fire away from a wounded soldier during World War II. He parachuted behind German lines to organize the resistance and went on to serve in the CIA.
But by his mid-80s, a stroke put the war hero in a wheelchair. Jeanne, his wife, had dementia. Their McLean home was in disarray and bills went unpaid.
A dispute between the couple’s children led the courts to decide that the Drakuliches needed a third-party caretaker. A judge appointed a law firm, which is common in Virginia when the elderly and incapacitated have no one else.
Now the Drakuliches and the law firm are fighting over tens of thousands of dollars in billings in a conflict that likely will be decided by the state Supreme Court.
It has raised questions among elder-care advocates and legislators about how a small number of paid guardians — both lawyers and non-lawyer professionals — are treating the aging and how states oversee the process.
In the McLean case, Needham, Mitnick and Pollack (NMP) took control of the Drakuliches’ lives and $700,000 nest egg, as it had done in six similar cases in Fairfax County. It charged wards up to $125 an hour — its normal professional rates — for personal services, such as renewing dog licenses, sorting boxes and preparing instructions on emptying a dryer’s lint trap, court records show.
NMP billed the Drakuliches $6,300 to prepare $1,800 worth of household items for auction, another ward $2,300 to sell a $4,000 car and a third person in their care $4,200 to recover $5,300 worth of investments, a court investigator found.
The Drakulich family calls the bills exorbitant; NMP says they are normal legal bills. The firm says it and other firms can’t afford to become guardians unless they are allowed to charge their regular rates.
Full Article and Source:
Guardianship Case in McLean Illustrates Lack of Regulation for Those Caring for the Elderly
But by his mid-80s, a stroke put the war hero in a wheelchair. Jeanne, his wife, had dementia. Their McLean home was in disarray and bills went unpaid.
A dispute between the couple’s children led the courts to decide that the Drakuliches needed a third-party caretaker. A judge appointed a law firm, which is common in Virginia when the elderly and incapacitated have no one else.
Now the Drakuliches and the law firm are fighting over tens of thousands of dollars in billings in a conflict that likely will be decided by the state Supreme Court.
It has raised questions among elder-care advocates and legislators about how a small number of paid guardians — both lawyers and non-lawyer professionals — are treating the aging and how states oversee the process.
In the McLean case, Needham, Mitnick and Pollack (NMP) took control of the Drakuliches’ lives and $700,000 nest egg, as it had done in six similar cases in Fairfax County. It charged wards up to $125 an hour — its normal professional rates — for personal services, such as renewing dog licenses, sorting boxes and preparing instructions on emptying a dryer’s lint trap, court records show.
NMP billed the Drakuliches $6,300 to prepare $1,800 worth of household items for auction, another ward $2,300 to sell a $4,000 car and a third person in their care $4,200 to recover $5,300 worth of investments, a court investigator found.
The Drakulich family calls the bills exorbitant; NMP says they are normal legal bills. The firm says it and other firms can’t afford to become guardians unless they are allowed to charge their regular rates.
Full Article and Source:
Guardianship Case in McLean Illustrates Lack of Regulation for Those Caring for the Elderly
Shocking Video Captures Elder Abuse on Camera
The District Attorney's office is looking into whether it will file criminal charges against two local nurses hired to care for a 98-year-old woman in a shocking case of apparent abuse.
According to the complaint filed with the Board of Registered Nursing, their on-the-job conduct was "vile, disrespectful and abusive" and much of it was captured on tape.
Warning: Some of the images featured in the video are graphic.
Source:
Shocking Video Captures Alleged Elder Abuse on Camera
According to the complaint filed with the Board of Registered Nursing, their on-the-job conduct was "vile, disrespectful and abusive" and much of it was captured on tape.
Warning: Some of the images featured in the video are graphic.
Source:
Shocking Video Captures Alleged Elder Abuse on Camera
Head Nurse to Stand Trial in Connection With Woman's Death at Cameron Park Care Facility
The former head nurse at a Placerville nursing home will stand trial for felony elder abuse in connection with the 2008 death of a 77-year-old Cameron Park woman, an El Dorado County judge ruled Tuesday.
More than 4 1/2 years after the death of Johnnie Esco, Judge Daniel B. Proud found there was sufficient evidence to move forward in the criminal case again Donna Darlene Palmer, 58, a registered nurse.
Palmer, who was then director of nursing at the El Dorado Care Center, was one of two nurses at the facility charged criminally by the California attorney general. The second nurse, 39-year-old Rebecca Smith, negotiated a deal earlier this month with the state.
Smith, a licensed vocational nurse, agreed to plead no contest to felony elder abuse in exchange for a possible suspended jail term and her willingness to help prosecutors in their pursuit of Palmer.
The attorney general contends that both nurses failed to perform their duties or to adequately supervise staff in caring for Esco, who died a painful and unnecessary death – despite a devoted family that surrounded her daily, according to testimony and state documents.
Full Article and Source:
Head Nurse to Stand Trial in Connection with Woman's Death at Cameron Park Care Facility
More than 4 1/2 years after the death of Johnnie Esco, Judge Daniel B. Proud found there was sufficient evidence to move forward in the criminal case again Donna Darlene Palmer, 58, a registered nurse.
Palmer, who was then director of nursing at the El Dorado Care Center, was one of two nurses at the facility charged criminally by the California attorney general. The second nurse, 39-year-old Rebecca Smith, negotiated a deal earlier this month with the state.
Smith, a licensed vocational nurse, agreed to plead no contest to felony elder abuse in exchange for a possible suspended jail term and her willingness to help prosecutors in their pursuit of Palmer.
The attorney general contends that both nurses failed to perform their duties or to adequately supervise staff in caring for Esco, who died a painful and unnecessary death – despite a devoted family that surrounded her daily, according to testimony and state documents.
Full Article and Source:
Head Nurse to Stand Trial in Connection with Woman's Death at Cameron Park Care Facility
Monday, December 3, 2012
DSM 5 is Guide, Not Bible - Ignore its 10 Worst Changes
This is the saddest moment in my 45 year career of studying, practicing, and teaching psychiatry. The Board of Trustees of the American Psychiatric Association has given its final approval to a deeply flawed DSM 5 containing many changes that seem clearly unsafe and scientifically unsound. My best advice to clinicians, to the press, and to the general public - be skeptical and don't follow DSM 5 blindly down a road likely to lead to massive over-diagnosis and harmful over-medication. Just ignore the ten changes that make no sense.
Brief background. DSM 5 got off to a bad start and was never able to establish sure footing. Its leaders initially articulated a premature and unrealizable goal- to produce a paradigm shift in psychiatry. Excessive ambition combined with disorganized execution led inevitably to many ill conceived and risky proposals.
These were vigorously opposed. More than fifty mental health professional associations petitioned for an outside review of DSM 5 to provide an independent judgment of its supporting evidence and to evaluate the balance between its risks and benefits. Professional journals, the press, and the public also weighed in- expressing widespread astonishment about decisions that sometimes seemed not only to lack scientific support but also to defy common sense.
DSM 5 has neither been able to self correct nor willing to heed the advice of outsiders. It has instead created a mostly closed shop- circling the wagons and deaf to the repeated and widespread warnings that it would lead to massive misdiagnosis. Fortunately, some of its most egregiously risky and unsupportable proposals were eventually dropped under great external pressure (most notably 'psychosis risk', mixed anxiety/depression, internet and sex addiction, rape as a mental disorder, 'hebephilia', cumbersome personality ratings, and sharply lowered thresholds for many existing disorders). But APA stubbornly refused to sponsor any independent review and has given final approval to the ten reckless and untested ideas that are summarized below.
The history of psychiatry is littered with fad diagnoses that in retrospect did far more harm than good. Yesterday's APA approval makes it likely that DSM 5 will start a half or dozen or more new fads which will be detrimental to the misdiagnosed individuals and costly to our society.
Full Article and Source:
DSM-5 is Guide - Not Bible, Ignore its 10 Worst Changes
See Also:
Stop Walking on Eggshells - An End to Narcissistic Personal Disorder in DSM 5?
Brief background. DSM 5 got off to a bad start and was never able to establish sure footing. Its leaders initially articulated a premature and unrealizable goal- to produce a paradigm shift in psychiatry. Excessive ambition combined with disorganized execution led inevitably to many ill conceived and risky proposals.
These were vigorously opposed. More than fifty mental health professional associations petitioned for an outside review of DSM 5 to provide an independent judgment of its supporting evidence and to evaluate the balance between its risks and benefits. Professional journals, the press, and the public also weighed in- expressing widespread astonishment about decisions that sometimes seemed not only to lack scientific support but also to defy common sense.
DSM 5 has neither been able to self correct nor willing to heed the advice of outsiders. It has instead created a mostly closed shop- circling the wagons and deaf to the repeated and widespread warnings that it would lead to massive misdiagnosis. Fortunately, some of its most egregiously risky and unsupportable proposals were eventually dropped under great external pressure (most notably 'psychosis risk', mixed anxiety/depression, internet and sex addiction, rape as a mental disorder, 'hebephilia', cumbersome personality ratings, and sharply lowered thresholds for many existing disorders). But APA stubbornly refused to sponsor any independent review and has given final approval to the ten reckless and untested ideas that are summarized below.
The history of psychiatry is littered with fad diagnoses that in retrospect did far more harm than good. Yesterday's APA approval makes it likely that DSM 5 will start a half or dozen or more new fads which will be detrimental to the misdiagnosed individuals and costly to our society.
Full Article and Source:
DSM-5 is Guide - Not Bible, Ignore its 10 Worst Changes
See Also:
Stop Walking on Eggshells - An End to Narcissistic Personal Disorder in DSM 5?
Ohio Resident and Advocate Reaches Out to the Consumer Financial Protection Bureau (CFPB)
This summer, I attended the forum on financial abuse whose agenda appears online(see FN:1). Hubert "Skip" Humphrey III, the head of the CFPB’s effort to protect older Americans, gave the keynote speech. Other presenters included Bob Blancato, the Elder Justice Coalition’s national coordinator, and Richard Browdie, current chairman of the National Council on Aging’s board of directors. I introduced myself to each of these presenters and delivered to them a document which, with a few changes, the CFPB now makes available for viewing at and downloading (see FN:2) This document focuses on the need to: (1) prevent the financial exploitation of individuals with severe cognitive impairment at the time they execute wills, trusts, POAs, deeds, mortgages and other important legal/financial documents, and (2) prevent the ruinous litigation which often results under such circumstances.
I began the original document with an introduction to the 3-minute video that ABC News broadcast and currently presents online (see FN: 3) as part of the full report which appears online (see FN: 4). Those who have watched this video and read the full report appreciate the following:
(1) the video was recorded in a hospital by the attorney who appears in the video;
(2) this attorney was disbarred and indicted for the actions he recorded in this video, in which he takes advantage of an 88-year old widow’s infirmity to obtain from her a Will and Power of Attorney;
(3) this video and report exemplify the lack of protection provided under such circumstances by our current laws and legislation, including the Elder Justice Act, the Elder Abuse Victims Act, the Older Americans Act, the Americans With Disabilities Act, state APS laws, and state guardianship laws.
I also discussed in the original document the 5-step forensic interview protocol for preventing such abuse which I advocate. This protocol is based upon recommendations of the American Medical Association and others. I identify and link many of my sources on pages 9 and 10 of the document (see FN:5).
The changes to the original document are discussed on the document’s first page. One of the changes is the addition of proposed legislation which I was encouraged to draft after the forum by the board of directors for the Ohio Association of Senior Centers. Another change is the CFPB’s redaction of some of the material. Exactly what the CFPB redacted can be easily determined by comparing pages 3 and 5 of the CFPB’s redacted version to the same pages of the unredacted version which I post online (see FN:6).
I am now waiting for the CFPB and others to answer the drafting questions which the Ohio Legislative Service Commission (LSC) has posed in its analysis of the proposed legislation.
~Tom Fields
Footnotes:
1. Agenda
2. Document
3. ABC 3 Minute Video
4. ABC Full Report: Mary Ellen's Mansion
5. Unredacted Version
I began the original document with an introduction to the 3-minute video that ABC News broadcast and currently presents online (see FN: 3) as part of the full report which appears online (see FN: 4). Those who have watched this video and read the full report appreciate the following:
(1) the video was recorded in a hospital by the attorney who appears in the video;
(2) this attorney was disbarred and indicted for the actions he recorded in this video, in which he takes advantage of an 88-year old widow’s infirmity to obtain from her a Will and Power of Attorney;
(3) this video and report exemplify the lack of protection provided under such circumstances by our current laws and legislation, including the Elder Justice Act, the Elder Abuse Victims Act, the Older Americans Act, the Americans With Disabilities Act, state APS laws, and state guardianship laws.
I also discussed in the original document the 5-step forensic interview protocol for preventing such abuse which I advocate. This protocol is based upon recommendations of the American Medical Association and others. I identify and link many of my sources on pages 9 and 10 of the document (see FN:5).
The changes to the original document are discussed on the document’s first page. One of the changes is the addition of proposed legislation which I was encouraged to draft after the forum by the board of directors for the Ohio Association of Senior Centers. Another change is the CFPB’s redaction of some of the material. Exactly what the CFPB redacted can be easily determined by comparing pages 3 and 5 of the CFPB’s redacted version to the same pages of the unredacted version which I post online (see FN:6).
I am now waiting for the CFPB and others to answer the drafting questions which the Ohio Legislative Service Commission (LSC) has posed in its analysis of the proposed legislation.
~Tom Fields
Footnotes:
1. Agenda
2. Document
3. ABC 3 Minute Video
4. ABC Full Report: Mary Ellen's Mansion
5. Unredacted Version
Former Attorney Charged With Defrauding Late Client to Pay Bills
Palm Beach County Sheriff's Office deputies say Jussi Kivisto lost his privilege to practice law in 2008 after he misappropriated a client's cash. But they say that didn't stop him two years later, when he fabricated a document that allowed him to use $62,000 of a late client's money to pay his own bills.
Kivisto is now charged with fraud, according to a Sheriff's Office report.
For many years, Leo Jaakkola had been living at the Finnish American Rest Home in Lake Worth, far from his native Finland. In 2005, as he neared the end of his life, Jaakkola granted Kivisto, also of Finland, power of attorney.
But in 2007, it appeared Jaakkola changed his mind, because he then made a woman named Armi Kulmala the beneficiary of his estate. After Jaakkola died at age 96, Kulmala tried to get her money from the estate, but she instead met a roadblock.
Full Article and Source:
Boca Man Charged With Defrauding Late Client to Pay Bills
Kivisto is now charged with fraud, according to a Sheriff's Office report.
For many years, Leo Jaakkola had been living at the Finnish American Rest Home in Lake Worth, far from his native Finland. In 2005, as he neared the end of his life, Jaakkola granted Kivisto, also of Finland, power of attorney.
But in 2007, it appeared Jaakkola changed his mind, because he then made a woman named Armi Kulmala the beneficiary of his estate. After Jaakkola died at age 96, Kulmala tried to get her money from the estate, but she instead met a roadblock.
Full Article and Source:
Boca Man Charged With Defrauding Late Client to Pay Bills
OH: Warren Lawyer is Suspended for 18 Months
The Ohio Supreme Court on Thursday suspended the law license of Warren attorney John H. Large for two years, with the final six months of that term stayed on certain conditions.
The court announced on its website the suspension was for professional misconduct in his dealings with three different clients and for making misrepresentations of fact in seeking reinstatement from a prior disciplinary suspension.
In a 7-0 opinion, the court adopted January findings by the Board of Commissioners on Grievances and Discipline that after accepting fee advances from three clients, Large improperly deposited those unearned funds into his law office checking account rather than into a client trust account as required by state disciplinary rules.
The board forwarded to the Supreme Court seven aggravating factors against Large, including his prior one-year suspension for failing to pay income taxes and report employee wages in 2009 and testimony that the board said lacked truthfulness during his hearing. The previous one-year suspension followed a federal court case in which Large was found guilty of failing to pay the taxes from 2000 to 2004. He was sentenced to four years probation, six months in a halfway house, six months house arrest and ordered to pay $88,000 in restitution.
The board cited selfish motives when Large filed a divorce action for a woman in Lake County after she had fired him and after he received a $2,000 retainer. Large attempted to continue the relationship despite the client's desire to terminate, according to a report.
Full Article and Source:
Warren Lawyer is Suspended for 18 Months
In a 7-0 opinion, the court adopted January findings by the Board of Commissioners on Grievances and Discipline that after accepting fee advances from three clients, Large improperly deposited those unearned funds into his law office checking account rather than into a client trust account as required by state disciplinary rules.
The board forwarded to the Supreme Court seven aggravating factors against Large, including his prior one-year suspension for failing to pay income taxes and report employee wages in 2009 and testimony that the board said lacked truthfulness during his hearing. The previous one-year suspension followed a federal court case in which Large was found guilty of failing to pay the taxes from 2000 to 2004. He was sentenced to four years probation, six months in a halfway house, six months house arrest and ordered to pay $88,000 in restitution.
The board cited selfish motives when Large filed a divorce action for a woman in Lake County after she had fired him and after he received a $2,000 retainer. Large attempted to continue the relationship despite the client's desire to terminate, according to a report.
Full Article and Source:
Warren Lawyer is Suspended for 18 Months
Sunday, December 2, 2012
Florida's Treatment of Children, Elderly Wards is Inhumane
Letters To The Editor
Florida’s mistreatment of incapacitated children is identical to its heartless care of elderly wards warehoused in institutions, as detailed in a Nov. 12 Bradenton Herald article.
Poor Marie Freyre, just a child, was brutally taken by the state hundreds of miles from her loving family to be confined to a nursing home with a known reputation of problematic care. Hours later, sweet Marie, traumatized by the separation and abrupt isolation from her family, screaming to go home, died of a heart attack.
To anyone who has ever seen a child or an elder ripped from his family, the sight and the haunting sounds are indelible in your memory. I have seen both.
In Bradenton, my 89-year-old father was taken from my arms and put into lockdown — for three weeks, with a no-contact order on him. As a state ward, no court hearing was held to release him to his family, despite Florida law requiring prompt hearings or automatic release within 72 hours.
How simple it is to follow the money trail. For this lockdown of my father, a Holocaust survivor with post-traumatic stress disorder and 456 hours in isolation, the hospital charged well over $40,000 to Medicare.
Marie’s nursing home was paid $506 a day but her stay was ended by her death, one half day after her admission.
Can a child or an elder die from state-imposed emotional trauma of isolation from her loved ones? Marie knows that for sure.
~Beverly R. Newman, Ed.D.
Bradenton
Source:
Florida's Treatment of Children, Elderly Wards is Inhumane
See Also:
NASGA: Al Katz, IN/FL Victim
Florida’s mistreatment of incapacitated children is identical to its heartless care of elderly wards warehoused in institutions, as detailed in a Nov. 12 Bradenton Herald article.
Poor Marie Freyre, just a child, was brutally taken by the state hundreds of miles from her loving family to be confined to a nursing home with a known reputation of problematic care. Hours later, sweet Marie, traumatized by the separation and abrupt isolation from her family, screaming to go home, died of a heart attack.
To anyone who has ever seen a child or an elder ripped from his family, the sight and the haunting sounds are indelible in your memory. I have seen both.
In Bradenton, my 89-year-old father was taken from my arms and put into lockdown — for three weeks, with a no-contact order on him. As a state ward, no court hearing was held to release him to his family, despite Florida law requiring prompt hearings or automatic release within 72 hours.
How simple it is to follow the money trail. For this lockdown of my father, a Holocaust survivor with post-traumatic stress disorder and 456 hours in isolation, the hospital charged well over $40,000 to Medicare.
Marie’s nursing home was paid $506 a day but her stay was ended by her death, one half day after her admission.
Can a child or an elder die from state-imposed emotional trauma of isolation from her loved ones? Marie knows that for sure.
~Beverly R. Newman, Ed.D.
Bradenton
Source:
Florida's Treatment of Children, Elderly Wards is Inhumane
See Also:
NASGA: Al Katz, IN/FL Victim
Fmr. Pinole Police Commander Arrested for Financial Elder Abuse
A former police commander is in county jail in Oakland. The one-time Pinole cop is accused of the financial abuse of an 82-year-old woman.
Pleasanton police arrested Matthew Messier after a four month investigation. They discovered Messier and his wife took control of the 82-year-old's home, bank account, cars and safety deposit box -- assets amounting to about $750,000.
Matthew Messier, 36, was a commander with the Pinole Police Department when investigators say he used his position of authority to convince the Pleasanton woman to sign over all her assets.
"Property and other assets probably range is estimated about $750,000," Pleasanton Police Sgt. Kurt Schlehuber said.
Schlehuber was one of the investigators in the case that began in July when a social worker with the county's adult protective services noticed some problems with the woman's assets. Schlehuber says Messier's wife, 30-year-old Elizabeth Regalado, was also involved.
"They gained the trust of the victim including an actual trust of the victim's estate where they were named as trustees," Schlehuber said.
The Alameda County districts attorney's complaint lists 14 counts of financial elder abuse that range from grand theft to practicing law without a license. Regalado is being charged with conspiracy.
Source:
Fmr. Pinole Police Commander Arrested for Financial Elder Abuse
Pleasanton police arrested Matthew Messier after a four month investigation. They discovered Messier and his wife took control of the 82-year-old's home, bank account, cars and safety deposit box -- assets amounting to about $750,000.
Matthew Messier, 36, was a commander with the Pinole Police Department when investigators say he used his position of authority to convince the Pleasanton woman to sign over all her assets.
"Property and other assets probably range is estimated about $750,000," Pleasanton Police Sgt. Kurt Schlehuber said.
Schlehuber was one of the investigators in the case that began in July when a social worker with the county's adult protective services noticed some problems with the woman's assets. Schlehuber says Messier's wife, 30-year-old Elizabeth Regalado, was also involved.
"They gained the trust of the victim including an actual trust of the victim's estate where they were named as trustees," Schlehuber said.
The Alameda County districts attorney's complaint lists 14 counts of financial elder abuse that range from grand theft to practicing law without a license. Regalado is being charged with conspiracy.
Source:
Fmr. Pinole Police Commander Arrested for Financial Elder Abuse
AZ Couple Charged With Abusing 3 Vulnerable Adults
A Tucson couple was arrested Tuesday on felony charges alleging they physically abused three vulnerable adults who were living with them.
The Arizona Attorney General's Office began investigating Pamela Gertrude Rasley, 61, and Edgar Lavelle Rasley, 65, when neighbors called 911 to report two mentally challenged people were forced to spend their days outside, regardless of the weather, said Assistant Arizona Attorney General Jesse Delaney.
An investigation revealed the man and the woman were not allowed to eat inside the home or use the bathroom facilities, Delaney said. They were permitted inside only to sleep.
In addition, investigators learned a blind relative of the couple was being physically abused, Delaney said.
The Rasleys are each charged with three counts of vulnerable adult abuse/domestic violence, which is punishable by probation or a prison sentence of up to 3 3/4 years.
The criminal complaint alleges the couple placed the victims in a situation where their health was endangered from Sept. 1, 2010, through Aug. 6.
All three alleged victims are now living in a safe environment, Delaney said.
A preliminary hearing has been scheduled for Dec. 10.
Full Article and Source:
Couple Charged With Abusing 3 Vulnerable Adults
The Arizona Attorney General's Office began investigating Pamela Gertrude Rasley, 61, and Edgar Lavelle Rasley, 65, when neighbors called 911 to report two mentally challenged people were forced to spend their days outside, regardless of the weather, said Assistant Arizona Attorney General Jesse Delaney.
An investigation revealed the man and the woman were not allowed to eat inside the home or use the bathroom facilities, Delaney said. They were permitted inside only to sleep.
In addition, investigators learned a blind relative of the couple was being physically abused, Delaney said.
The Rasleys are each charged with three counts of vulnerable adult abuse/domestic violence, which is punishable by probation or a prison sentence of up to 3 3/4 years.
The criminal complaint alleges the couple placed the victims in a situation where their health was endangered from Sept. 1, 2010, through Aug. 6.
All three alleged victims are now living in a safe environment, Delaney said.
A preliminary hearing has been scheduled for Dec. 10.
Full Article and Source:
Couple Charged With Abusing 3 Vulnerable Adults
Illinois Judge Facing Disciplinary Action Over Viewing Porn at Work Admits Longtime Addiction
An Illinois judge facing disciplinary charges for viewing pornography on his courthouse computer has tearfully admitted being addicted to porn since childhood.
"I used pornography as a crutch to deal with my feelings of inadequacy," Will County Judge Joseph C. Polito told the Illinois Courts Commission at a hearing Thursday, the Chicago Sun-Times reports. "For 60 years this was an inner conflict–I was ashamed, I didn't feel good about it and tried to stop. The only way I knew to address it was in a confession with a priest."
Polito, 69, was charged in July with two counts of violating the state's judicial code of conduct after an article in the Sun-Times revealed that he regularly looked at pornographic websites on his office computer.
He admits the first charge, that his actions "brought the judicial office into disrepute," but denies the second, that he had not conducted himself in a manner that "promotes public confidence in the integrity and impartiality of the judiciary."
Polito told commissioners that while he had looked at porn in his chambers before his court call began and after his court call had ended, it had "absolutely no effect on the hundreds of decisions" he had made as a judge.
Source:
Illinois Judge Facing Disciplinary Action Over Viewing Porn at Work Admits Longtime Addiction
"I used pornography as a crutch to deal with my feelings of inadequacy," Will County Judge Joseph C. Polito told the Illinois Courts Commission at a hearing Thursday, the Chicago Sun-Times reports. "For 60 years this was an inner conflict–I was ashamed, I didn't feel good about it and tried to stop. The only way I knew to address it was in a confession with a priest."
Polito, 69, was charged in July with two counts of violating the state's judicial code of conduct after an article in the Sun-Times revealed that he regularly looked at pornographic websites on his office computer.
He admits the first charge, that his actions "brought the judicial office into disrepute," but denies the second, that he had not conducted himself in a manner that "promotes public confidence in the integrity and impartiality of the judiciary."
Polito told commissioners that while he had looked at porn in his chambers before his court call began and after his court call had ended, it had "absolutely no effect on the hundreds of decisions" he had made as a judge.
Source:
Illinois Judge Facing Disciplinary Action Over Viewing Porn at Work Admits Longtime Addiction