Nebraska Supreme Court Appoints Permanent Commission on Guardianships and Conservatorships, co-chaired by Douglas County Court Judge Susan Bazis and Nebraska Court of Appeals Judge Francie Riedmann

Friday, December 21, 2012

 

The aging of the baby boomer generation is expected to cause a dramatic growth in guardianships and conservatorships in Nebraska over the next two decades. In response to the challenges this increase will cause in the legal community, Chief Justice Mike Heavican and the Nebraska Supreme Court today appointed a Guardian/Conservator Commission to ensure both the personal and financial safety of vulnerable adults under guardianships and conservatorships throughout the state.

The Supreme Court Commission on Guardianships and Conservatorships will be co-chaired by Douglas County Court Judge Susan Bazis and Nebraska Court of Appeals Judge Francie Riedmann. Commission members are listed below.

In response to an unfortunate incident in which a Omaha conservator committed fraud against several wards and other abuses noted across the state, Chief Heavican formed a Task Force on Adult Guardianships and Conservatorships as a temporary measure in 2010. The Task Force identified shortcomings in guardianship/conservatorship oversight practices. The Legislature and the Supreme Court stepped up to improve accountability through laws and enforcement procedures which increased protection of the person and assets of court-supervised adults. The Guardianship Reform Act of 2011 was sponsored by Senator Colby Coash and unanimously passed to become effective January 1, 2012. The Supreme Court adopted new rules to increase accountability for those legally entrusted to provide for the financial and personal well-being of Nebraska wards and protected persons.

The Task Force was discharged after making its report and recommendations. The newly-formed, Supreme Court Commission on Guardianships and Conservatorships will be more long-term, and will have increased participation by judges, clerk magistrates, and members of the Nebraska State Bar Association’s probate section, the State’s Unit on Aging, regional and state elder-care entities, statewide developmental disability serving entities, law enforcement, the banking community, and guardians and conservators.

The Commission’s purpose is to engage in continuing analysis and study of statutes, court rules, and court procedures relating to guardianships and conservatorships; to examine the challenges these laws and procedures pose for court staff, the judiciary, the practicing bar, vulnerable adults and children and their legal guardians and conservators, and other professionals and service providers working with protected persons and wards; to propose solutions or improvements both within and without the judicial branch in response to such challenges; and to support the implementation of the recommendations of the Commission which the Nebraska Supreme Court approves.

Chief Justice Heavican, in his 2012 State of the Judiciary address, noted that “None of us is naïve enough to believe that elderly persons will no longer be subject to abuse. But the statutory changes made by the Legislature, which are being implemented by the judicial branch, will provide for better checks and balances." He added, "The Nebraska Supreme Court will continue to make every effort to ensure that these legislatively mandated changes to guardianships and conservatorships will be effectively administered.”

Full Article & Source:
Supreme Court Appoints Permanent Commission on Guardianships and Conservatorships, co-chaired by Douglas County Court Judge Susan Bazis and Nebraska Court of Appeals Judge Francie Riedmann
 

Missouri Supreme Court hears discipline case on Judge Barbara Peebles

The Missouri Supreme Court heard arguments today on the judicial discipline case of St. Louis Associate Circuit Judge Barbara Peebles.

The state’s Commission on Retirement, Removal and Discipline has recommended removing Peebles from her judicial position.

The commission says Peebles “engaged in a pattern of conduct that included taking the bench late and not attending scheduled court activities,” according to the docket summary.

Peebles frequently had her clerk call the docket, continue the cases, and advise attorneys of dismissals and certain warrants, the commission contends. It asserts Peebles went on vacation without properly advising her clerks, making arrangements to continue the dockets or providing a substitute judge to handle the dockets. It also said she destroyed a court record.

Full Article & Source:
Mo. Supreme Court hears discipline case on Judge Barbara Peebles

See Also:
Missouri Supreme Court considers discipline for judge

St. Louis judge suspended after she turns cases over to her clerk

Schindler's list: Terri's brother now saving others

Bobby Schindler, the brother of Terri Schiavo and the executive director of the foundation that bears his sister’s name, is seeking to be appointed guardian for a New York man who was left with a severe brain injury after a home accident.

The announcement was made by the Terri Schiavo Life & Hope Network, which confirmed that attorney Christopher Johnson has filed with the Supreme Court for New York a petition seeking Schindler’s appointment.

At issue is the health and future for Gary Harvey, a Chemung County resident who was injured in a home accident in 2006.

The accident left Harvey with a profound brain injury, and his spouse, Sara Harvey, sought guardianship, only to be rejected by the Chemung County Supreme Court. The court eventually appointed the county department of social services.

According to the foundation, Sara Harvey has been fighting the county in court ever since. So far, however, courts have kept the county in charge of Harvey’s case, even though an ethics committee from the hospital where Harvey was staying recommended that he be deprived of food and liquid, which essentially would kill him.

While the foundation says the court rejected that request, it has continued to rule that county officials are in charge of Harvey’s life.

“I have raised the question many times, ‘How can Chemung County, guardian of Mr. Harvey, be acting in his best interest when they, in fact, tried to kill him?’ From all indications, it appears that Mr. Harvey has been warehoused and denied the opportunity to receive the care and rehabilitative services that would benefit his condition,” stated Bobby Schindler.

Full Article & Source:
Schindler's list: Terri's brother now saving others

See Also:
Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Missouri Supreme Court considers discipline for judge

JEFFERSON CITY, Mo. (AP) - The Missouri Supreme Court is considering discipline for a judge accused of misconduct.

The judicial disciplinary commission has recommended removing St. Louis Associate Circuit Judge Barbara Peebles. It says Peebles was tardy and did not sufficiently supervise her clerk. The commission also says Peebles left for a vacation without making proper arrangements and removed a court document.

Missouri's high court heard arguments Thursday. Peebles has been a judge since 2000 and was defended by former Supreme Court Judge Ronnie White.

Full Article & Source:
Missouri Supreme Court considers discipline for judge

See Also:
St. Louis judge suspended after she turns cases over to her clerk

Now-retired judge sanctioned during last weeks on bench

Just weeks before retiring, long-serving St. Joseph Probate Judge Peter Nemeth was officially reprimanded for making inappropriate comments to a woman seeking guardianship of a deaf teenager.

The Indiana Supreme Court accepted an agreement Dec. 14 between Nemeth and the Indiana Commission on Judicial Qualifications that Nemeth would be sanctioned with a private reprimand, according to court documents.

Nemeth, who was also a South Bend mayor and city councilman, stepped down from his position at the end of December after serving as probate judge since 1993.

The Indiana Commission on Judicial Qualifications, which handles allegations of judicial misconduct, filed a complaint in August stemming from two 2011 guardianship hearings.

Full Article & Source:
Now-retired judge sanctioned during last weeks on bench

See Also:
St. Joseph County probate judge accused of misconduct

Terri Schiavo’s Brother Hopes to Save Patient From Death

The brother of Terri Schiavo is seeking to intervene in a case involving another patient who the state may decide is too far gone to warrant even basic care such as food and water.

An attorney for Bobby Schindler has filed with the Supreme Court of the State of New York, asking the court to allow him to serve as Guardian for Mr. Gary Harvey.

In 2006, Harvey, a Chemung County resident, was involved in a home accident, which left him with a profound brain injury. His spouse, Sara Harvey, sought guardianship only to be denied by the Chemung County Supreme Court who ultimately appointed the Chemung County Department of Social Services as Harvey’s guardian.

Since that time, Mrs. Harvey has been in a prolonged court battle with Chemung County officials and the New York State Court System.


Full Article & Source:
Terri Schiavo’s Brother Hopes to Save Patient From Death

See Also:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Recommended Website: Financial Abuse of the Elderly

~ UNDERSTAND IT TO DEAL WITH IT EFFECTIVELY ~

In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.

But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.

This is why exploitation is not fraud and why it can be much more devastating and offensive. Fraud is generally defined as deception that is carried out for the purpose of achieving personal gain while causing injury to another party. Exploitation requires more than that. It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.

Source:
FinancialAbuseOfTheElderly

Read Excerpts From Joe Roubicek's New Book in Progress: "KILL MOM, KILL DAD; Disposing of the Elderly for Profit

Lawless America: Dr. Richard Fine

Source: Lawless America: Dr.Richard Fine

Recommended Website: Probate Sharks

Our mission is to expose and remedy corruption in the Probate Court of Cook County, Illinois. We assist, educate and enlighten families of the dead, the dying, the disabled and the aged to better understand their rights in order to protect themselves from the excesses of the Probate Court of Cook County.

ProbateSharks.com is dedicated to networking the human element of people to people. We join together in reforming the corrupt Cook County Probate Court system.

Source:
ProbateSharks

As we reflect on the year 2012, we celebrate many accomplishments: the ABC7 investigative reports; Bobby Schindler’s petition to become Gary Harvey’s guardian; many, many cases profiled in print media across the country; NASGA’s participation as an expert in an on-line chat about guardianship abuse conducted by a major newspaper; the growing success of Marti Oakley’s weekly talk show on guardianship abuse; all eyes continuing to focus on the Daniel Gross case which is still alive in the courts and which, if successful, will chip away at immunity and begin to hold bad guardians accountable; the growing strength and drive many of our members are using to get involved with legislation in their respective states; the overall increasing awareness across the country of guardianship and conservatorship abuse, and more.

We are proud of our successes; but we also remember the many important court battles lost this year and the suffering vulnerable elderly and disabled wards continue to endure because their family has been rendered helpless to protect them. And we pause with heavy hearts, honoring those precious lives so needlessly lost during 2012. We use our overwhelming sorrow to fuel our advocacy and drive us to do even more in 2013 to STOP guardianship and conservatorship abuse so future victims, and their families, won’t have to suffer the pain and agony of guardianship and conservatorship abuse.

Bronx Surrogate Judge Lee Holzman keeps his job despite breaking the rules

In one of the worst rulings in its history, the state Commission on Judicial Conduct decreed that a judge may stay on the bench despite giving a pass to a lawyer friend who’d grabbed hundreds of thousand of dollars in excessive fees from the estates of the dead.

The panel let Bronx Surrogate Judge Lee Holzman off with merely a censure, rather than order his removal from the bench, sympathetically citing his impending retirement.

As surrogate judge, Holzman presided over the disposition of estates. His employees include a counsel whose duties center on cases in which people have died without leaving a will. For compensation, the counsel draws money from the estates according to percentage formulas set by law.

When Holzman’s counsel, Michael Lippman, got caught taking far larger amounts than he was entitled to, Holzman kept him on the job. That way, Lippman was supposed to earn more fees so he could repay the filched funds.

Full Article and Source:
Bronx Surrogate Judge Lee Holzman keeps his job despite breaking the rules

NY raked in $100M from the dead over past 5 years, records show

Over the past five years the state of New York has collected more than $100 million from an unlikely source: the dead.

Tens of millions of dollars left behind by people who never bothered to make out a will are dumped into an abandoned property fund, to earn interest for the state until a rightful heir turns up.
Rarely does that happen, though.

Only 20 to 25 percent of the abandoned cash is ever claimed, according to the Office of the New York State comptroller.

The state's surrogate courts -- they're in business to sort out wills and estates -- have turned over to the Comptroller roughly $70 million from the estates of people who died without wills, state officials say; another $30 million has come from the estates of people who had a will, but for whom no living heirs could be found.

Full Article & Source:
NY raked in $100M from the dead over past 5 years, records show

As we leave 2012 tonite, we long to see the smiling faces of our loved ones lost this past year, victims of guardianship and conservatorship abuse: Clara Marsh, Alvahteen Anderson, “Annie’s Mom,” Boyd Israel, Retta Rickow, and more.

Their families fought the good fight and now advocate so other vulnerable elderly or disabled will not suffer as their loved ones were forced to at the end of their lives.

May those we lost light up the skies of heaven and forever keep our hearts warm.

Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

Bobby Schindler, brother of the late Terri Schiavo, has filed a petition in the New York Supreme Court – Chemung County asking guardianship of Gary Harvey be turned over to him. How can the County refuse to resign or disagree with the petition? How could they dare say this guardianship transfer would not be in the best interest of Gary Harvey? Legitimately, they can’t.

Should the County fight Bobby Schindler’s effort, then the County (and those involved in the case on their side), shall have been proven to have lied to the court and the community. The County claimed it did not want to be Gary’s guardian, but there was no one else. Now there is. So, if they fight to retain guardianship, that means there is an ulterior motive for doing so. After all, just why would they fight so desperately to retain a ward they didn’t want in the first place or thereafter; have warehoused; and, seem to think is bothersome and time consuming in the isolation and hide the information (from his wife) health care plan they have prepared for him?

Bobby Schindler has an impeccable reputation. He is knowledgeable about TBI (traumatic brain injury). He has first-hand experience in dealing with a family member suffering from TBI. He is compassionate and caring. He is hopeful and realistic. Just what part of all that he is, could the County honestly say is not good enough to be guardian of Gary Harvey? Can we say – none?

Full Article and Source:
Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

See Also:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Government Corruption Guardianship Abuse

Source:
YouTube: Government Corruption: Guardianship Abuse: Institute on Aging

Tonight on T. S. Radio: Alternatives to Guardianship

Join us this evening as Beverly Newman, Elder Advocate, Florida, discusses the alternatives to guardianship that most people never know exist.

The courts won’t tell you …and neither will any of the attorneys, predatory professional guardians, or those agents of doom and gloom from APS who stand to gain financially from the exploitation of the elderly for profit. Know your rights!

And know when a probate judge operating what is in essence a kangaroo court is violating not only the victims rights, but the law as well.

7:00 CST … 5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

LISTEN LIVE or come back later and listen to the archive

Recommended Website: Hospice Patients Alliance

Serving:  Hospice patients, family and caregivers, the bereaved and hospice staff

Promoting:  Quality hospice services that respect you as a person

Informing:  YOU!  Knowledge is power...to get the best care

Protecting:  Your rights!
"Serving hospice patients and their families is one of the greatest privileges and trusts a health care professional could ever be granted. Only those staff with great love, sensitivity, and compassion understand the real mission of hospice. Really, it is a "calling."

"The Constitution of our nation is firmly based upon respect for the sanctity of life, the liberty to live in freedom until a natural death occurs in its own timing."

~ Ron Panzer, Founder, Hospice Patients Alliance

Source:
HospicePatientsAlliance

A Short Documentary Film

A short documentary film directed and narrated by David Goodwin about a little girl from England with Down Syndrome and The Feuerstein Institute in Jerusalem from whom she receives treatment. Source: Down Syndrome Film "Looking Up on Down