Seventeen bodies were removed from a downtown Modesto funeral home Friday after accusations that the business was taking too long to cremate them.
Dr. John Walker, Stanislaus County's public health officer, said he suspended permits for burial or cremation to McGuire Cremation & Funeral Service as of May 1 in response to several complaints "regarding delays in cremation of family members."
Sgt. Anthony Bejaran, the sheriff's spokesman, said there has been an investigation into potential criminal and civil violations with the business for the past several months. He would not say what criminal charges could come of the investigation or even if anyone was arrested Friday. Coroner's officials will assist family members with the final disposition of their loved ones.
Jessica Montoya-Juarez, communicable disease manager for the Stanislaus County Health Services Agency, said while the county stopped issuing permits for burial or cremation to McGuire, "We still are issuing death certificates."
Presumably, McGuire could still perform funeral services but can't handle disposition of any bodies until the matter is resolved.
Montoya-Juarez said authorities looked into the funeral home after receiving complaints and noticed some problems with the time between the issuance of permits and their completion, which also is filed with the county.
There also were problems with collecting payment for the permits, which cost $11 each.
Suspending permits is highly unusual.
Full Article and Source:
Bodies Taken From Modesto Funeral Home as Permits are Suspended
Saturday, May 18, 2013
Editorial: Judge Should Let Public Guardian Go
We are glad to know that Davidson County Probate Judge David Randy Kennedy’s report to the Metro Council last month on the work of Public Guardian Jeanan Mills Stuart was only a preliminary finding.
That’s because there seems to be something missing from the report: that it’s time for a new Davidson County public guardian.
Kennedy still is reviewing Stuart’s active cases, but he told the council he had so far found no discrepancies. Perhaps he needs a better reading lamp.
Stuart has, for the past five years, been billing clients at the lawyer-fee rate of $200-$225 per hour for countless tasks that have nothing to do with legal expertise, often in six-minute increments, and sometimes multiple times in a day. Stuart says this is standard procedure. Billing for legal work in six-minute increments is; nonlegal, no, say legal experts. A review of Stuart’s bills since 2008 shows she charged her clients for six minutes 13,290 times, totaling more than $270,000 in fees. The tasks included such things as listening to a voice mail.
Experts have explained that lawyers typically have clerks or paralegals do these tasks — or, the lawyer bills for these tasks at a lower rate even if handling the voice mail themselves.
Is Judge Kennedy simply going to accept Stuart’s version of what is routine, in the face of all the accounts to the contrary?
Full Editorial and Source:
Judge Should Let Public Guardian Go
See Also:
Ginger Franklin's Car Towed and Sold While in Conservator, Jeanan Mills Stuart's, 'Care'
That’s because there seems to be something missing from the report: that it’s time for a new Davidson County public guardian.
Kennedy still is reviewing Stuart’s active cases, but he told the council he had so far found no discrepancies. Perhaps he needs a better reading lamp.
Stuart has, for the past five years, been billing clients at the lawyer-fee rate of $200-$225 per hour for countless tasks that have nothing to do with legal expertise, often in six-minute increments, and sometimes multiple times in a day. Stuart says this is standard procedure. Billing for legal work in six-minute increments is; nonlegal, no, say legal experts. A review of Stuart’s bills since 2008 shows she charged her clients for six minutes 13,290 times, totaling more than $270,000 in fees. The tasks included such things as listening to a voice mail.
Experts have explained that lawyers typically have clerks or paralegals do these tasks — or, the lawyer bills for these tasks at a lower rate even if handling the voice mail themselves.
Is Judge Kennedy simply going to accept Stuart’s version of what is routine, in the face of all the accounts to the contrary?
Full Editorial and Source:
Judge Should Let Public Guardian Go
See Also:
Ginger Franklin's Car Towed and Sold While in Conservator, Jeanan Mills Stuart's, 'Care'
NY A.G.: 'Abusive' Photos Taken of Local Nursing Home Patients
New York State Attorney General Eric Schneiderman announced on Wednesday that two certified nurses' aides have been charged with taking gruesome, illegal photographs of 11 patients at a trio of area nursing homes.
The A.G. reported that the aides, both Centereach residents, violated the patients' privacy and trust, taking photos of one patient's bedsore, a video of a dementia patient "riveted with fear," and other instances Schneiderman called "abusive and alarming."
“These aides engaged in actions that are illegal and will not be tolerated in New York," Schneiderman said. "The people engaged to take care of our most vulnerable citizens have a special responsibility, and I will do everything in my power to protect the right of every New Yorker to safe, respectful and quality care.”
Schneiderman said the 11 incidents occurred at Woodhaven Nursing Home in Port Jefferson Station, Jefferson's Ferry in South Setauket, and the Long Island State Veterans Home in Stony Brook.
The two nurses, 25-year-old David Rover and 23-year-old Thomas Mocera, were both arraigned in a 15-count indictment – all felony charges – on Tuesday in Suffolk County Supreme Court. Rover is charged with seven counts of unlawful surveillance, one count of dissemination of an unlawful surveillance image and two counts of offering a false instrument for filing. Mocera is charged with five counts of unlawful surveillance. Each count carries a sentence of 15 months to 4 years imprisonment.
Rover had been arrested in March and Tuesday's indictment followed a more thorough investigation by authorities. According to the A.G., the incidents reportedly occurred between September 2009 and March 2013. Schneiderman laid out the contents of the grisly photos.
Full Article and Source:
A.G.: 'Abusive' Photos Taken of Local Nursing Home Patients
The A.G. reported that the aides, both Centereach residents, violated the patients' privacy and trust, taking photos of one patient's bedsore, a video of a dementia patient "riveted with fear," and other instances Schneiderman called "abusive and alarming."
“These aides engaged in actions that are illegal and will not be tolerated in New York," Schneiderman said. "The people engaged to take care of our most vulnerable citizens have a special responsibility, and I will do everything in my power to protect the right of every New Yorker to safe, respectful and quality care.”
Schneiderman said the 11 incidents occurred at Woodhaven Nursing Home in Port Jefferson Station, Jefferson's Ferry in South Setauket, and the Long Island State Veterans Home in Stony Brook.
The two nurses, 25-year-old David Rover and 23-year-old Thomas Mocera, were both arraigned in a 15-count indictment – all felony charges – on Tuesday in Suffolk County Supreme Court. Rover is charged with seven counts of unlawful surveillance, one count of dissemination of an unlawful surveillance image and two counts of offering a false instrument for filing. Mocera is charged with five counts of unlawful surveillance. Each count carries a sentence of 15 months to 4 years imprisonment.
Rover had been arrested in March and Tuesday's indictment followed a more thorough investigation by authorities. According to the A.G., the incidents reportedly occurred between September 2009 and March 2013. Schneiderman laid out the contents of the grisly photos.
Full Article and Source:
A.G.: 'Abusive' Photos Taken of Local Nursing Home Patients
Dan Harkey Trial in Progress
[Feb. 18, 2009: Orange County Real Estate Lender Dan Harkey is accused of bilking investors,alleging he
"exaggerated the value of properties used as collateral by
borrowers," bilking dozens of investors out of more than $15 million.
Harkey denied wrongdoing, blaming the downturn in the real estate and financial
markets.
Many victims of this scheme were elderly.]
Investor Losses Caused by "Catastrophic Change in Market"
Point Center Financial continued collecting millions of dollars in fees on foreclosed loans while refusing to let investors withdraw their money, founder Dan Harkey admitted on the witness stand this week.
Harkey blamed a "catastrophic change in the market" for massive losses that landed him in court.
Investors are suing Harkey, his wife, Assemblywoman Diane Harkey, R-Dana Point, and his Aliso Viejo company, Point Center Financial, for $43 million in Orange County Superior Court.
The fraud trial, now in its fourth week, is expected to last into June.
Full Article and Source:
Investor Losses Caused by "Catastrophic Change in Market"
For more information:
PointCenterInvestigation.com
READ the complaint
Fateful Week for the Harkeys of Dana Point
Assemblywoman Diane Harkey's Civil Trial Delayed
Many victims of this scheme were elderly.]
Investor Losses Caused by "Catastrophic Change in Market"
Point Center Financial continued collecting millions of dollars in fees on foreclosed loans while refusing to let investors withdraw their money, founder Dan Harkey admitted on the witness stand this week.
Harkey blamed a "catastrophic change in the market" for massive losses that landed him in court.
Investors are suing Harkey, his wife, Assemblywoman Diane Harkey, R-Dana Point, and his Aliso Viejo company, Point Center Financial, for $43 million in Orange County Superior Court.
The fraud trial, now in its fourth week, is expected to last into June.
Full Article and Source:
Investor Losses Caused by "Catastrophic Change in Market"
For more information:
PointCenterInvestigation.com
READ the complaint
Fateful Week for the Harkeys of Dana Point
Assemblywoman Diane Harkey's Civil Trial Delayed
'When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse"
El Paso attorney Terry W. Hammond recently presented a keynote presentation, “When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse,” to the Texas Guardianship Association annual conference in San Antonio.
The session focused on challenges faced by court-appointed guardians when a person who has been in charge can no longer make prudent decisions. Hammond specializes in guardianship, probate, estate planning and elder law, and is the former executive director of the National Guardianship Association.
Source:
Terry W. Hammond Presented “When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse”
The session focused on challenges faced by court-appointed guardians when a person who has been in charge can no longer make prudent decisions. Hammond specializes in guardianship, probate, estate planning and elder law, and is the former executive director of the National Guardianship Association.
Source:
Terry W. Hammond Presented “When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse”
Friday, May 17, 2013
Blog Talk Radio Tonight: Autism and Elder Abuse Issues
Our guest on tonight's show is Debby Valdez, on behalf of the organization, Guardianship Reform Advocates for the Disabled and Elderly (GRADE).
Raising the community's consciousness about elderly people with disabilities is one of several urgent issues we will discuss on this episode of ICAA Radio.
Call in number: 718-766-4749
10:00 P.M. Central time Friday, May 17, 2013
LISTEN to the show live or listen to the archive later
See Also:
International Coalition for Autism and All Abilities
G.R.A.D.E. (Guardianship Reform Advocates for the Disabled and Elderly)
Three Arrested in Drug, Prositution Sting at NJ Senior Citizen Complex
A man, 75, and a woman, 66, suspected of using cocaine and running a prostitution ring out of their apartments at the Vincente K. Tibbs Senior Citizen Building have been arrested after residents complained about vagrants, drunks and addicts invading their building, authorities said.
The suspects and an alleged accomplice are believed to be behind a recent rise in crime that had residents afraid to come out of their apartments, authorities said. Their growing fears prompted an undercover investigation and new round-the-clock police patrols of the complex.
“Essentially, they were prisoners in their own building,” Chief Arthur O’Keefe of the Englewood police said of the residents. “I wasn’t going to allow that to continue.”
In late April, police arrested fifth-floor residents James Parham and his neighbor Cheryl Chaney on charges of possession of drug paraphernalia and maintaining a drug nuisance. Chaney faces an additional charge of possession of crack cocaine.
A third suspect, Selma McDuffie, a 54-year-old school crossing guard, was charged with possession of drug paraphernalia after police found her with a crack pipe, police said. McDuffie has been suspended from her police-run crossing guard job in Englewood and threatened with arrest if she returns to the building.
Full Article and Source:
3 Arrested in Drug, Prostitution Sting at Englewood SeniorCitizen Housing Complex
The suspects and an alleged accomplice are believed to be behind a recent rise in crime that had residents afraid to come out of their apartments, authorities said. Their growing fears prompted an undercover investigation and new round-the-clock police patrols of the complex.
“Essentially, they were prisoners in their own building,” Chief Arthur O’Keefe of the Englewood police said of the residents. “I wasn’t going to allow that to continue.”
In late April, police arrested fifth-floor residents James Parham and his neighbor Cheryl Chaney on charges of possession of drug paraphernalia and maintaining a drug nuisance. Chaney faces an additional charge of possession of crack cocaine.
A third suspect, Selma McDuffie, a 54-year-old school crossing guard, was charged with possession of drug paraphernalia after police found her with a crack pipe, police said. McDuffie has been suspended from her police-run crossing guard job in Englewood and threatened with arrest if she returns to the building.
Full Article and Source:
3 Arrested in Drug, Prostitution Sting at Englewood SeniorCitizen Housing Complex
Texas Lawyer Suspended for Six Months
El Paso attorney Stuart Leeds has been suspended from practicing law for six
months, according to an order signed Tuesday.
Visiting Judge Martin Muncy of Andrews, Texas, revoked a six-month probation of Leeds' license after 409th District Judge Sam Medrano held Leeds in contempt of court earlier this year.
Leeds' suspension is effective immediately.
He has until June 14 to file an affidavit with the court "stating all current clients and opposing counsel have been notified of (Leeds') suspension and that all files, papers monies and other property belonging to all current clients have been returned as ordered herein," Muncy's order says.
Short of disbarment, suspension is the harshest punishment Texas lawyers can suffer.
Leeds was on probation after the State Bar of Texas' Commission for Lawyer Discipline filed a case against him over his behavior in a 2011 trial, in which 448th District Judge Regina Arditti was acquitted of bribery.
Full Article and Source:
Attorney Stuart Leeds Suspended From Practicing Law
Visiting Judge Martin Muncy of Andrews, Texas, revoked a six-month probation of Leeds' license after 409th District Judge Sam Medrano held Leeds in contempt of court earlier this year.
Leeds' suspension is effective immediately.
He has until June 14 to file an affidavit with the court "stating all current clients and opposing counsel have been notified of (Leeds') suspension and that all files, papers monies and other property belonging to all current clients have been returned as ordered herein," Muncy's order says.
Short of disbarment, suspension is the harshest punishment Texas lawyers can suffer.
Leeds was on probation after the State Bar of Texas' Commission for Lawyer Discipline filed a case against him over his behavior in a 2011 trial, in which 448th District Judge Regina Arditti was acquitted of bribery.
Full Article and Source:
Attorney Stuart Leeds Suspended From Practicing Law
Ex-PA Judge Gets House Arrest, Probation
Former Pennsylvania Supreme Court Justice Joan Orie Melvin avoided prison time Tuesday for her campaign corruption conviction but was ordered to send written apologies to every judge in the state because she abused her office.
Melvin and her sister and former aide Janine Orie each received house arrest for illegally using the judge's state-funded staff as part of her two campaigns for a seat on the state's highest court.
Allegheny County Judge Lester Nauhaus chided Melvin for engaging in crimes of "arrogance" and ordered her to immediately have her picture taken by a county photographer, so she can write apologies on them and send them to several hundred state judges.
"What kind of role model are you? These are felonies, this isn't a parking ticket, and your children's mother is a convicted felon," Nauhaus told Melvin, 57, a married mother of six.
Melvin, a devout Catholic, was sentenced to three years of house arrest during which she may leave only for church — unless she receives specific permission from the judge for other activities — followed by two years' probation. She is also barred from referring to herself as a judge while under sentence.
Janine Orie, 58, was sentenced to one year of house arrest and two years of probation for helping coordinate the illegal campaigning.
Thursday, May 16, 2013
'Striking for the Guardians and Protectors of the Mind': The Convention on the Rights of Persons With Mental Disabilities and the Future of Guardianship Law
In many nations, entry of a guardianship order becomes the “civil death” of
the person affected because persons subjected to such measure are not only
fully stripped of their legal capacity in all matters related to their finance
and property but are also deprived of many other fundamental rights, including
the right to vote, the right to consent or refuse medical treatment (including
forced psychiatric treatment), freedom of association, and the right to marry
and have a family.
The United Nations’ ratification of the Convention on the Rights of Persons with Disabilities (CRPD) radically changes the scope of international human rights law as it applies to all persons with disabilities, and in no area is this more significant than in the mental disability law context. And there is no question that the CRPD speaks to the issue of guardianship. This article examines what impact, if any, the CRPD and other international human rights documents will have on guardianship practice around the world.
This question is of great importance given the common usage of this status and the lack of procedural safeguards that attend the application of this status in many nations This article begins by examining why guardianship is considered “civil death” in much of the world before discussing the possible impact that the CRPD will have on the application of guardianship laws.
Issues discussed include the need for some mechanism to insure the appointment of counsel to persons facing guardianship; the need for a mechanism to insure that, in those cases in which guardianship is inevitably necessary, “personal” guardians will be appointed instead of institutional ones; the need for domestic courts—in all parts of the world—to take these issues seriously when they are litigated on a case-by-case basis; and the inevitable problems that will arise in the Asia and Pacific region, where there is no regional court or commission at which litigants can seek CRPD enforcement. Finally, this article considers the impact of therapeutic jurisprudence on the questions at hand, and concludes by looking again at the CRPD as a potentially emancipatory means of restructuring guardianship law around the world.
Full Abstract and Source:
PennStateLawReview: "Striking for the Guardians and Protectors of the Mind": The Convention on the Rights of Persons with Mental Diabilities and the Future of Guardianship
The United Nations’ ratification of the Convention on the Rights of Persons with Disabilities (CRPD) radically changes the scope of international human rights law as it applies to all persons with disabilities, and in no area is this more significant than in the mental disability law context. And there is no question that the CRPD speaks to the issue of guardianship. This article examines what impact, if any, the CRPD and other international human rights documents will have on guardianship practice around the world.
This question is of great importance given the common usage of this status and the lack of procedural safeguards that attend the application of this status in many nations This article begins by examining why guardianship is considered “civil death” in much of the world before discussing the possible impact that the CRPD will have on the application of guardianship laws.
Issues discussed include the need for some mechanism to insure the appointment of counsel to persons facing guardianship; the need for a mechanism to insure that, in those cases in which guardianship is inevitably necessary, “personal” guardians will be appointed instead of institutional ones; the need for domestic courts—in all parts of the world—to take these issues seriously when they are litigated on a case-by-case basis; and the inevitable problems that will arise in the Asia and Pacific region, where there is no regional court or commission at which litigants can seek CRPD enforcement. Finally, this article considers the impact of therapeutic jurisprudence on the questions at hand, and concludes by looking again at the CRPD as a potentially emancipatory means of restructuring guardianship law around the world.
Full Abstract and Source:
PennStateLawReview: "Striking for the Guardians and Protectors of the Mind": The Convention on the Rights of Persons with Mental Diabilities and the Future of Guardianship
Feds to Move Away from DSM (Diagnostic and Statistical Manual of Mental Disorders)
Just weeks before a new version of the Diagnostic and Statistical Manual of
Mental Disorders is scheduled for release, the head of the National Institute of
Mental Health says it’s time to change how mental conditions are
categorized.
By shifting away from thinking about mental disorders as they are currently classified in the DSM, Insel says researchers will be able to establish a new diagnostic system based on emerging science.
“Unlike our definitions of ischemic heart disease, lymphoma or AIDS, the DSM diagnoses are based on a consensus about clusters of clinical symptoms, not any objective laboratory measure,” Insel wrote. “Patients with mental disorders deserve better.”
The DSM update has been met with significant controversy, particularly surrounding changes to the definition of autism. The new version is expected to eliminate Asperger’s syndrome and fold it as well as childhood disintegrative disorder and pervasive developmental disorder, not otherwise specified under a broader diagnosis of “autism spectrum disorder.”
Separately, the new manual is also expected to replace “mental retardation” with the more commonly accepted term “intellectual disability.” What’s more, the definition of the disorder is being tweaked to put less emphasis on IQ score and allow more consideration for clinical assessment.
The DSM is relied on by mental health professionals, researchers, insurers and others to determine what symptoms merit a clinical diagnosis. The current edition was originally released in 1994 and was updated in 2000.
Full Article and Source:
Feds to Move Away from DSM
The agency will be redirecting its research focus away from the symptom-based
diagnostic criteria of the DSM toward more scientifically verifiable standards,
the mental health agency’s director, Thomas Insel, wrote in a recent blog post.
By shifting away from thinking about mental disorders as they are currently classified in the DSM, Insel says researchers will be able to establish a new diagnostic system based on emerging science.
“Unlike our definitions of ischemic heart disease, lymphoma or AIDS, the DSM diagnoses are based on a consensus about clusters of clinical symptoms, not any objective laboratory measure,” Insel wrote. “Patients with mental disorders deserve better.”
The DSM update has been met with significant controversy, particularly surrounding changes to the definition of autism. The new version is expected to eliminate Asperger’s syndrome and fold it as well as childhood disintegrative disorder and pervasive developmental disorder, not otherwise specified under a broader diagnosis of “autism spectrum disorder.”
Separately, the new manual is also expected to replace “mental retardation” with the more commonly accepted term “intellectual disability.” What’s more, the definition of the disorder is being tweaked to put less emphasis on IQ score and allow more consideration for clinical assessment.
The DSM is relied on by mental health professionals, researchers, insurers and others to determine what symptoms merit a clinical diagnosis. The current edition was originally released in 1994 and was updated in 2000.
Full Article and Source:
Feds to Move Away from DSM
Wednesday, May 15, 2013
Ohio: Judge Accused of Dismissing His Lawyer's Traffic Ticket Quits
Embattled Franklin County Municipal Court Judge Harland H. Hale announced yesterday that he will retire on May 24 after a decade on the bench.
The announcement comes one week after the Ohio Supreme Court disciplinary counsel filed a complaint against Hale. It accuses him of violating the code of judicial conduct by dismissing a traffic ticket against a lawyer who was defending him in state and federal lawsuits related to sexual-harassment complaints.
In a letter he addressed to the “citizens of Franklin County” and supplied to The Dispatch through a staff member, Hale said he has “decided to finish my professional life in the practice of law, hence I will not run for judge again.”
Full Article and Source:
Controversial Judge Hale Quitting the Bench
See Also:
Ohion Judge Accused of Misconduct for Dismissing his Own Lawyer's Speeding Ticket
The announcement comes one week after the Ohio Supreme Court disciplinary counsel filed a complaint against Hale. It accuses him of violating the code of judicial conduct by dismissing a traffic ticket against a lawyer who was defending him in state and federal lawsuits related to sexual-harassment complaints.
In a letter he addressed to the “citizens of Franklin County” and supplied to The Dispatch through a staff member, Hale said he has “decided to finish my professional life in the practice of law, hence I will not run for judge again.”
Full Article and Source:
Controversial Judge Hale Quitting the Bench
See Also:
Ohion Judge Accused of Misconduct for Dismissing his Own Lawyer's Speeding Ticket
Florida: Alzheimer's Disease Study Using Novel Medication Therapy and Nutritional Supplements
Scientists have linked chronic inflammatory events in the brain with the onset and progression of Alzheimer's disease. Now, South Florida residents who have mild or moderate Alzheimer's disease can participate in a study that measures the effects of a novel medication therapy to reduce inflammation and a nutritional supplement program.
The Life Extension Foundation® is seeking five study participants who will receive blood tests, health evaluations, blood pressure checks, dietary supplements and study medication at no cost as well as compensation up to $500 for study participation. The study runs approximately 29 weeks.
Life Extension Foundation is a non-profit 501(c)(3) organization dedicated to finding new scientific methods to enhance and expand the healthy human life span. It funds research programs aimed at developing new anti-aging therapies and combating such age-related killers as heart disease, stroke, cancer, and Alzheimer's disease. Life Extension Foundation has donated over $100 million to anti-aging and disease prevention studies.
There are FDA approved medications that may temporarily improve symptoms but current medical treatments for Alzheimer's disease do not prevent long-term clinical deterioration.
For study information call toll-free at 866.517.4536 or email LEClinicalResearch@LifeExtension.com. Study pre-registration is available at www.LEF.org/ClinicalResearch.com.
Source:
Alzheimer's Disease Study Using Novel Medication Therapy and Nutritional Supplements Sponsored by Life Extension Foundation®
The Life Extension Foundation® is seeking five study participants who will receive blood tests, health evaluations, blood pressure checks, dietary supplements and study medication at no cost as well as compensation up to $500 for study participation. The study runs approximately 29 weeks.
Life Extension Foundation is a non-profit 501(c)(3) organization dedicated to finding new scientific methods to enhance and expand the healthy human life span. It funds research programs aimed at developing new anti-aging therapies and combating such age-related killers as heart disease, stroke, cancer, and Alzheimer's disease. Life Extension Foundation has donated over $100 million to anti-aging and disease prevention studies.
There are FDA approved medications that may temporarily improve symptoms but current medical treatments for Alzheimer's disease do not prevent long-term clinical deterioration.
For study information call toll-free at 866.517.4536 or email LEClinicalResearch@LifeExtension.com. Study pre-registration is available at www.LEF.org/ClinicalResearch.com.
Source:
Alzheimer's Disease Study Using Novel Medication Therapy and Nutritional Supplements Sponsored by Life Extension Foundation®
Tuesday, May 14, 2013
Aging and Abuse
The most recent estimates suggest 1 in 10 seniors are abused, neglected or exploited, and that has serious implications for individuals and communities. Victims of elder abuse are much more likely to end up in hospitals and nursing homes. Seniors lose almost $3 billion a year due to financial exploitation, which leaves them vulnerable and dependent on government or family assistance.
With an aging population, elder abuse is only expected to increase, and social service agencies are often not able to keep up. In this five-part series, we look at the complexities of elder abuse in the D.C. region and why the problem is so difficult to address.
The day Jeannie Beidler came home to find her grandparents decaying in their own waste was the saddest day of her life. This type of situation is not as uncommon as one would think.
Elderly Couple's Tale of Abuse Not So Uncommon
Social workers with Adult Protective Services are a front-line defense against elder abuse, but the economic downturn has been tough on the agency. At a time when their workloads have increased exponentially, budget cuts have hit hard.
The Uphill Battle to End Elderly Abuse
Who do you turn to when you have a complaint about a nursing home? The answer to that question differs from state to state -- but one of the options for many families are ombudsman programs. They deal with more than 157,000 nursing home complaints each year, on topics large and small.
Financial exploitation of seniors is a problem that's estimated to cost nearly $3 billion per year. Now, some states — including Maryland — are trying to put a stop to that abuse. Why is this exploitation so hard to spot? Here is a cautionary tale of one elderly woman who was allegedly defrauded by someone she knew from her church.
Financial Exploitation of Elderly Difficult to Detect
House calls serve as the first line of defense against elder abuse and neglect. Doctors, nurse practitioners and social workers can watch how patients interact with caregivers and see their surroundings.
House Calls a Better Option for Some Seniors
Series Source:
WAMU.org: Aging and Abuse
Attorney Leads Effort to Educate Minnesota About Elder Abuse
A once-small group that Anoka County Attorney Tony Palumbo started to confront elder abuse is about to unleash an arsenal of resources to help educate Minnesotans about the problem.
With nearly $50,000 in donations, Minnesota SAFE Elders has created a tool kit that includes a video and training materials that it will provide free to interested groups; it is expected out next month.
The group also developed an app for first responders to guide them through such cases and a community resource list they can immediately offer to victims.Another piece of the initiative is a “prosecutor’s trial notebook,” a collection of abuse cases that attorneys can use as a reference when developing their own cases.
A statewide help number and website also will be available.Minnesota SAFE Elders, which grew out of the group that first met in 2011, now includes county attorneys and others from across the state.
The SAFE stands for Stop Abuse and Financial Exploitation.While the topic of crimes and neglect against seniors has been examined by various groups over the years, Palumbo is excited because this program can systemically reach a statewide audience with practical information that will increase awareness while putting more perpetrators in jail.
Full Article and Source:
Anoka County Attorney Leads Effort to Educate Minnesota About Elder Abuse
With nearly $50,000 in donations, Minnesota SAFE Elders has created a tool kit that includes a video and training materials that it will provide free to interested groups; it is expected out next month.
The group also developed an app for first responders to guide them through such cases and a community resource list they can immediately offer to victims.Another piece of the initiative is a “prosecutor’s trial notebook,” a collection of abuse cases that attorneys can use as a reference when developing their own cases.
A statewide help number and website also will be available.Minnesota SAFE Elders, which grew out of the group that first met in 2011, now includes county attorneys and others from across the state.
The SAFE stands for Stop Abuse and Financial Exploitation.While the topic of crimes and neglect against seniors has been examined by various groups over the years, Palumbo is excited because this program can systemically reach a statewide audience with practical information that will increase awareness while putting more perpetrators in jail.
Full Article and Source:
Anoka County Attorney Leads Effort to Educate Minnesota About Elder Abuse
Monday, May 13, 2013
Linda Kincaid Reports: Elder Advocates Urge Support for California AB937 to Curb Elder Abuse
California's AB937, introduced by Assembly Member Bob Wieckowski,codifies basic personal rights for the state’s most vulnerable citizens. The right to have visitors, the right to receive phone calls, and the right to receive mail are already part of California law. However, these personal rights are often violated by court appointed conservators seeking unbridled power over vulnerable individuals.
Opposing the bill is the Californial Association of Public Administrators, Public Guardians and Public Conservators. Santa Clara County Public Guardian Don Moody and Director of the California Department of Social Services Will Lightbourne are also on record as opposing personal rights for conservatees.
Opposition from Moody and Lightbourne is not surprising. Moody’s department unlawfully imprisoned and isolated conservatees Gisela Riordan and Lillie Scalia for years. The abuse began when Lightbourne was Santa Clara County Social Services Agency Director. After moving to Sacramento, Lightbourne publicly supported ongoing abuse by Moody. Riordan and Scalia regained their rights only after coverage by the ABC7 I-Team in San Francisco.
AB937 does not change California law. The bill simply clarifies existing personal rights and codifies those rights into the Probate Code.
The full Assembly will vote on AB937 on Thursday, May 16, 2013.
Letters of support can be sent to:
Legislative Aide Heather Falkenthal
Assemblymember Bob Wieckowski
Office: (916) 319 - 2025
Fax: (916) 319 - 2125
Heather.Falkenthal@asm.ca.gov
Full Article and Source:
Elder Advocates Urge Support of California AB937 to Curb Elder Abuse
Read AB937
Section 2351 of the Probate Code is amended to read:
(a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order.In favor of the bill are California Advocateds for Nursing Home Reform (CANHR), Consumer Advocates for RCFE Reform (CARR), numerous Long-Term Care Ombudsman and elder advocates throughout the state. Families of abuse victims strongly favor the rights stated in AB937.
Opposing the bill is the Californial Association of Public Administrators, Public Guardians and Public Conservators. Santa Clara County Public Guardian Don Moody and Director of the California Department of Social Services Will Lightbourne are also on record as opposing personal rights for conservatees.
Opposition from Moody and Lightbourne is not surprising. Moody’s department unlawfully imprisoned and isolated conservatees Gisela Riordan and Lillie Scalia for years. The abuse began when Lightbourne was Santa Clara County Social Services Agency Director. After moving to Sacramento, Lightbourne publicly supported ongoing abuse by Moody. Riordan and Scalia regained their rights only after coverage by the ABC7 I-Team in San Francisco.
AB937 does not change California law. The bill simply clarifies existing personal rights and codifies those rights into the Probate Code.
The full Assembly will vote on AB937 on Thursday, May 16, 2013.
Letters of support can be sent to:
Legislative Aide Heather Falkenthal
Assemblymember Bob Wieckowski
Office: (916) 319 - 2025
Fax: (916) 319 - 2125
Heather.Falkenthal@asm.ca.gov
Full Article and Source:
Elder Advocates Urge Support of California AB937 to Curb Elder Abuse
Read AB937
TX: Woman's Costly Court Battle Prompts Call for Reform of Guardianship System
Ninety-one-year-old Sophie Paulos spent three months and more than $30,000 proving to court officials that she was competent enough to run her own life.
Two of her daughters had told a local judge that they suspected Paulos was being financially exploited by family members. They said they were worried about her health. They questioned whether she was mentally sound.
By the time the three-month ordeal was over, Paulos says, she had paid $30,000 for court-appointed lawyers she never wanted and another $70,000 on related legal expenses.
“I was humiliated,” said Paulos, who is frustrated with court officials who she says drove up the bills. “I had to pay for this and they don’t care.”
Now Paulos’ son-in-law — former Texas Health and Human Services Commissioner Tom Suehs — is holding her case out as an example of how the guardianship system needs reform.
Since Paulos’ case was settled in October, Suehs has been connecting with legislators and guardianship advocates who say people are unfairly dragged through the courts and forced to spend thousands of dollars to protect their independence. Now they’re pushing for changes that would require speedier hearings and force courts to prove they need to intervene before launching full investigations. The proposals have drawn support from AARP and Rep. Stephanie Klick, R-Fort Worth.
But lawyers and judges say the proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.
Adult guardianship cases are essentially lawsuits designed to ensure vulnerable seniors and people with disabilities are not abused, neglected or exploited. A probate court must determine whether people are competent enough to keep themselves safe and healthy. If a judge deems they are not, he can appoint a guardian to make medical, financial and other decisions for them.
Between September 2011 and August 2012, more than 4,500 adult guardianship petitions were filed in probate courts across the state. Of those, 206 were filed in Travis County.
Those involved in the process say people often need guardians for reasons such as dementia or failing health. But sometimes people who need help don’t realize it or can’t recognize the signs of trouble, said Travis County Probate Court Judge Guy Herman. They don’t see that they are being scammed by strangers or giving away all their money.
Consequently, they balk at the the idea of needing a guardian, Herman said.
“Let’s face it, when there is a guardianship, somebody’s losing some rights,” he said. “It’s a loss of freedom and they’re well aware of it.”
Paulos certainly was.
“I am very hurt that they put this through the court,” she said. “I am not incompetent.”
Full Article and Source:
Woman's Costly Court Battle Prompts Call for Reform of Guardianship System
Two of her daughters had told a local judge that they suspected Paulos was being financially exploited by family members. They said they were worried about her health. They questioned whether she was mentally sound.
By the time the three-month ordeal was over, Paulos says, she had paid $30,000 for court-appointed lawyers she never wanted and another $70,000 on related legal expenses.
“I was humiliated,” said Paulos, who is frustrated with court officials who she says drove up the bills. “I had to pay for this and they don’t care.”
Now Paulos’ son-in-law — former Texas Health and Human Services Commissioner Tom Suehs — is holding her case out as an example of how the guardianship system needs reform.
Since Paulos’ case was settled in October, Suehs has been connecting with legislators and guardianship advocates who say people are unfairly dragged through the courts and forced to spend thousands of dollars to protect their independence. Now they’re pushing for changes that would require speedier hearings and force courts to prove they need to intervene before launching full investigations. The proposals have drawn support from AARP and Rep. Stephanie Klick, R-Fort Worth.
But lawyers and judges say the proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.
Adult guardianship cases are essentially lawsuits designed to ensure vulnerable seniors and people with disabilities are not abused, neglected or exploited. A probate court must determine whether people are competent enough to keep themselves safe and healthy. If a judge deems they are not, he can appoint a guardian to make medical, financial and other decisions for them.
Between September 2011 and August 2012, more than 4,500 adult guardianship petitions were filed in probate courts across the state. Of those, 206 were filed in Travis County.
Those involved in the process say people often need guardians for reasons such as dementia or failing health. But sometimes people who need help don’t realize it or can’t recognize the signs of trouble, said Travis County Probate Court Judge Guy Herman. They don’t see that they are being scammed by strangers or giving away all their money.
Consequently, they balk at the the idea of needing a guardian, Herman said.
“Let’s face it, when there is a guardianship, somebody’s losing some rights,” he said. “It’s a loss of freedom and they’re well aware of it.”
Paulos certainly was.
“I am very hurt that they put this through the court,” she said. “I am not incompetent.”
Full Article and Source:
Woman's Costly Court Battle Prompts Call for Reform of Guardianship System
"Judicial Deceit: Tyranny and Unnecessary Secrecy at the Michigan Supreme Court"
Details of the infamous feud between
Republican-nominated Michigan Supreme Court justices and flamboyant Democratic
attorney Geoffrey Fieger is one of many allegations of judicial misconduct in a
book by former Justice Elizabeth Weaver due out later this month.
In the wide-ranging, 750-page account of
the high court's inner workings, Weaver accuses former Chief Justice Clifford
Taylor of offering to change his ruling on a Fieger matter if she would withdraw
a public dissent accusing Taylor and three other justices of being biased and
prejudiced toward Fieger.
Fieger asked the court in August 2006 to
halt its reprimand against him for disparaging three appeals court judges in a
malpractice lawsuit against Beaumont Hospital.
According to Weaver's book, Taylor, in a
memo to fellow justices, offered to change his vote against granting Fieger a
stay if Weaver would withdraw a dissenting opinion that the so-called "Engler
Four" — Taylor and justices Stephen Markman, Robert Young Jr. and Maura Corrigan
— had a bias against Fieger, a political enemy who spent hundreds of thousands
of dollars trying to defeat them at the ballot box.
"These were deals, and I wouldn't make the
deals," Weaver writes in the forthcoming book. "The majority of four simply were
not liking that I wouldn't be bullied. I was going to stand up, even alone."
Weaver and co-author David Schock claim in
"Judicial Deceit: Tyranny and Unnecessary Secrecy at the Michigan Supreme
Court," there were countless instances of unethical behavior among justices
during her 16-year career on the high court.
"You can't be bargaining like the
Legislature, horse-trading on a case," Weaver said in an interview with The
Detroit News.
Full Article and Source:
Former Justice Alleges Supreme Court Misconduct in Forthcoming Book
Full Article and Source:
Former Justice Alleges Supreme Court Misconduct in Forthcoming Book
Colorado Bill Requiring Reporting of Elder Abuse Progresses
A bill that would mandate elder abuse reporting in Colorado is finally on its way to becoming law.
Senate Bill 111 requires individuals in certain professional fields to report known or suspected cases of abuse involving people age 70 or older.
The bill passed the House May 1 on a 56-8 vote, after it had previously breezed through the Senate.
Rep. Sue Schafer, D-Wheat Ridge, a House sponsor of the bill, said the legislation is “over 20 years” in the making.
“It's failed several times, but we've finally got it right,” Schafer said during a recent House debate.
“This demographic is as important to protect as it is with child abuse.”
Full Article and Source:
Bill Requires Reporting of Elder Abuse
Senate Bill 111 requires individuals in certain professional fields to report known or suspected cases of abuse involving people age 70 or older.
The bill passed the House May 1 on a 56-8 vote, after it had previously breezed through the Senate.
Rep. Sue Schafer, D-Wheat Ridge, a House sponsor of the bill, said the legislation is “over 20 years” in the making.
“It's failed several times, but we've finally got it right,” Schafer said during a recent House debate.
“This demographic is as important to protect as it is with child abuse.”
Full Article and Source:
Bill Requires Reporting of Elder Abuse
Sunday, May 12, 2013
Tonight on T.S. Radio: Mother's Day Tribute and Operation Clean Sweep (OCS)
Join us this evening as we pay tribute in the first hour, to all the mothers now being held in isolation, forcibly medicated, while their estates are looted by court sanctioned predators.
How many of these mothers died while praying to be reunited with their loved ones?
Please, take a moment this evening and call in and give your mother’s name and a brief history.
In the second hour, Nancy Grant will join us to discuss Operation Clean Sweep (OCS) a rapidly growing movement across the country dedicated to ending the death grip of the BAR Association on our courts, and ending judicial corruption on all levels.
These elitists that corrupt our courts must be brought down and the rule of law not only restored, but adhered to. The BAR Association is the largest closed union shop in the country, and the wealthiest. It also controls and condones the judicial misconduct occurring daily in courtrooms across the country.
5:00pm PST … 6:00pm MST … 7:00pm CST … 8:00pm EST
Call in: 917-388-4520
LISTEN to the show live or listen to the archive later.
How many of these mothers died while praying to be reunited with their loved ones?
Please, take a moment this evening and call in and give your mother’s name and a brief history.
In the second hour, Nancy Grant will join us to discuss Operation Clean Sweep (OCS) a rapidly growing movement across the country dedicated to ending the death grip of the BAR Association on our courts, and ending judicial corruption on all levels.
These elitists that corrupt our courts must be brought down and the rule of law not only restored, but adhered to. The BAR Association is the largest closed union shop in the country, and the wealthiest. It also controls and condones the judicial misconduct occurring daily in courtrooms across the country.
5:00pm PST … 6:00pm MST … 7:00pm CST … 8:00pm EST
Call in: 917-388-4520
LISTEN to the show live or listen to the archive later.
Happy Mother's Day
Missing our Mothers lost or isolated from us.......
Note: We do not know the origin of this picture but would be happy to give credit to that person if anyone knows who it is!
Dorothy Wilson Begged for Her Freedom but Didn't Live to See It
Dorothy Wilson was tricked by her court-appointed guardian and dumped in a facility aginst her will and her daughter's will. Dorothy cried and begged to go home; but sadly Dorothy died suddenly before her daughter was able to free her.
Source:
NASGA Member Diane Wilson's Mom, Dorothy Wilson, Tricked and Dumped in a Facility Begs to Go Home
Source:
NASGA Member Diane Wilson's Mom, Dorothy Wilson, Tricked and Dumped in a Facility Begs to Go Home