Saturday, May 31, 2014
After a Decade of Litigation, Relief for NYC Adult Home Residents
The spring 2014 issue of the New York State Bar Association’s Elder and Special Needs Law Journal features an article by MFY attorney Jota Borgmann detailing the decade-long litigation that led to a settlement allowing thousands of adult home residents in 23 large adult homes to move into supported housing in the community.
Full Article & Source:
After a Decade of Litigation, Relief for NYC Adult Home Residents
Dog Offers Emotional Bond to Seniors in Hospice
The Randolph Hospice House in Asheboro, North Carolina, can be a sad place, but one dog is helping to change that. According to the Courier Tribune, Kota is a certified therapy dog that comes by the hospice to visit residents. This yellow lab has brought new life to the home, making special connections with the seniors there.
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
The Randolph Hospice House in Asheboro, North Carolina, can be a sad place, but one dog is helping to change that. According to the Courier Tribune, Kota is a certified therapy dog that comes by the hospice to visit residents. This yellow lab has brought new life to the home, making special connections with the seniors there.
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
The Randolph Hospice House in Asheboro, North Carolina, can be a sad place, but one dog is helping to change that. According to the Courier Tribune, Kota is a certified therapy dog that comes by the hospice to visit residents. This yellow lab has brought new life to the home, making special connections with the seniors there.
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
“It’s been great, because he will come and we will go into the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice House director, told the source. “It’s comforting to the patient and the family because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his own when he was still living independently, but the animal passed away. Unfortunately, his family thought he wouldn’t be able to care for another pet. Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Read more at http://blog.theanimalrescuesite.com/dog-offers-emotional-bond-to-seniors-in-hospice/#tI9dajEmQHUtJvkO.99
The Randolph Hospice House in Asheboro, North Carolina, can
be a sad place, but one dog is helping to change that. According to the Courier
Tribune, Kota is a certified therapy dog that comes by the hospice to visit
residents. This yellow lab has brought new life to the home, making special
connections with the seniors there.
“It’s been great, because he will come and we will go into
the rooms and even if the patient is unresponsive, we’ll put his hand on Kota’s
paw and you can just tell, it’s a sense of relaxing,” Candy Hunter, Hospice
House director, told the source. “It’s comforting to the patient and the family
because we have all gotten to know Kota.”
The dog has even made a deep connection with Hunter’s
grandfather Bill Hunt, aka “Mr. Bill” or “Pop Pop.” Mr. Bill had a dog of his
own when he was still living independently, but the animal passed away.
Unfortunately, his family thought he wouldn’t be able to care for another pet.
Kota has stepped in and taken the role of Mr. Bill’s dog. Staff and the resident
alike notice the special connection the two share.
“He’s helped bring me around. He’s my buddy. I believe he
would stay with me,” Mr. Bill told the source. “He wouldn’t hurt a flea.”
Alzheimer's roadshow stops off in Ammanford
John Church and Caroline Smith from the Alzheimer's Society |
ALZHEIMER’S Society took their information and advice to the people of Ammanford recently as its Dementia Community Roadshow stopped off at the town's Tesco store.
The touring information vehicle, which parked up on Friday, May 23 in Ammanford was manned by Alzheimer’s Society staff and volunteers who provided dozens of passers-by with information and advice about the condition which affects more than 6,000 people in West Wales. The event is part of a wider tour of Wales.
Carol Jones, Alzheimer’s Society Regional Operations Manager for Wales said "It is really exciting to be able to reach out to people who may otherwise not know where to turn for information and advice about dementia. The response in Ammanford and Carmarthen has been fantastic and we had a whole range of people come on board the vehicle today to either talk to our experts or simply pick up some information.
"We hope as many people as possible will take advantage of this vital free information service while it is travelling round Wales. We want to tackle stigma by raising awareness of the condition and by encouraging people who are worried about their memory to visit their GP or to get in touch with Alzheimer’s Society to find out more about the support that is available."
Full Article & Source:
Alzheimer's roadshow stops off in Ammanford
Friday, May 30, 2014
Guardian problems prompt call for action
Key lawmakers have said they will take action in the wake of a Dispatch investigation that revealed serious shortfalls in how the state protects children, the elderly and those with mental illness and disabilities under the control of court-appointed guardians.
“It’s the damndest thing I’ve seen in a while,” Ohio House Speaker William G. Batchelder said. “ It just seems to me we better hold some hearings.”
Batchelder, R-Medina, an attorney and former common pleas judge, said the legislature should address the problems revealed in the Dispatch investigation.
A yearlong look at guardianships in Ohio found numerous examples of guardians — chiefly family members and lawyers — who were ignoring their wards for months while draining their bank accounts. And it revealed a lack of oversight by the probate courts that appoint guardians, which allowed the behavior to continue.
Ohio Supreme Court Chief Justice Maureen O’Connor cautioned against a legislative fix, however, pointing out that probate court judges have the power to enact strict rules that she said can ensure people under guardianship are protected from exploitation and abuse.
“Across the state, there are judges who have kind of taken the bull by the horns and instituted local rules that address some of the concerns you may have uncovered,” O’Connor said, adding that they have done so under the rules already in place.
Full Article & Source:
Guardian problems prompt call for action
Former Phila. Judge Willis W. Berry Jr. arrested on corruption charges
Willis W. Berry Jr.'s decision to run his real estate business out of his judicial office got him suspended from his Philadelphia judgeship in 2009, and in April, a real estate deal cost him his license to practice law.
Now, those dealings could put him behind bars.
On Thursday, state Attorney General Kathleen G. Kane announced that her office had charged Berry with theft and conflict of interest for running the business from his judicial chambers for more than a decade.
Berry, 71, surrendered to Philadelphia police Thursday morning and spent several hours behind bars before being released on his own recognizance by Magistrate Francis J. Rebstock. Rebstock, who addressed Berry as "judge" during a brief arraignment, set a preliminary hearing for May 27. As The Inquirer reported in 2007, Berry, then a Common Pleas Court judge, moonlighted as a landlord, renting a string of derelict properties in North Philadelphia and managing them out of his office at the courthouse.
Berry had his judicial secretary, Carol Fleming, collect rent, place ads for the apartments, handle maintenance complaints, and attend hearings in landlord-tenant court - all on the taxpayers' dime.
According to a criminal complaint filed by Kane's office, Berry bilked Philadelphia taxpayers out of $110,000 by using Fleming to run his business during the work day. She was Berry's primary contact for tenants at his 16 rental properties - some rundown, vermin infested, and beset with code violations.
The judge listed his official court address and office telephone in advertisements of apartment vacancies.
He used court computers, telephones, and fax machines for his business and had his tipstaff, Henry Reddy, moonlight as handyman at the properties.
All of this led to Berry's suspension from the bench without pay for four months in 2009. The state's Court of Judicial Discipline called the judge's conduct "flat-out wrong," and judicial investigators said his actions amounted to the crime of a "theft of services."
That led to criminal investigations - but no charges - by the state Attorney General's office and former District Attorney Lynne Abraham.
What changed to cause the filing of Thursday's charges is unclear. According to court documents, Kane's office initiated a new investigation last year after a citizen complaint was forwarded to prosecutors by State Rep. Garth Everett, a Lycoming County Republican.
Last November, according to the affidavit of probable cause, state investigators interviewed Fleming, who corroborated her testimony before the Judicial Conduct Board and said she spent about 528 hours a year on Berry's real estate business.
Based on an hourly rate calculated on Fleming's $44,000-a-year salary as judicial secretary, investigators estimated that $110,880 in taxpayers money was spent on Berry's private business over a decade.
Berry's longtime lawyer, Samuel C. Stretton, angrily denounced Kane's decision to bring charges, saying Berry had already been punished by a state judicial oversight panel.
"I have no idea why bring these charges now," Stretton said. "It makes no sense. It's outrageous."
Full Article & Source:
Former Phila. Judge Willis W. Berry Jr. arrested on corruption charges
See Also:
Ex-judge's lawyer questions corruption charges
Supreme Court suspends former Phila. judge's law license
Thursday, May 29, 2014
Casey Kasem's Wife Jean Kasem Ordered to Appear in Court Over Ailing Star's Care
It is a complicated time for Casey Kasem. The famed radio personality has been battling health problems and the authority of his care has become a very public issue.
Kasem, 82, is currently in Washington state with his wife Jean Kasem, whose care for him is being questioned by his children.
Authorities are now looking into
the matter, as Jean was served papers on Wednesday afternoon, May 28,
to appear in court in Washington's Kitsap county. According to the local
NBC affiliate KING 5, Jean was given the notice in the parking lot of
Harrison Medical Center in Silverdale, Wash.
Kasem's
wife is reportedly required to appear in court on Friday, May 30, by 9
a.m. If she does not show up, she could face arrest.
Casey Kasem's Wife Jean Kasem Ordered to Appear in Court Over Ailing Star's Care
See Also:
Casey Kasem, Legendary Radio Personality, Has Been Found
Authorities: Casey Kasem found in Washington state
Judge orders investigation into Casey Kasem's whereabouts
Judge rejects conservatorship for Casey Kasem
Casey Kasem Near Death but Alert, Children Suing Wife Jean for Conservatorship NOT Will and Money
Patience Bristol escorted from court in handcuffs
LAS VEGAS - Clark County District Court Judge Elizabeth Gonzalez this morning sentenced PFSN Inc. “guardian” Patience Bristol to three to eight years in Nevada State Prison for stealing from elderly or vulnerable clients assigned to her by PFSN’s owner Jared E. Shafer.
During the one hour hearing, four victims spoke, often mentioning her employer Shafer and his firm in their emotional pleas for a maximum sentence.
Originally, Las Vegas Metro Police charged Bristol with twenty one counts of exploiting the elderly and vulnerable, but attorneys for Bristol were successful in negotiating a plea bargain with Clark County District Attorney Steve Wolfson to drop twenty of the counts.
Dr. Ron Dutton told the court that Bristol stole assets from his brother Jean Dutton that were intended to pay for his living in a group home, but he is now forced to be on welfare at taxpayer’s expense.
Dutton tearfully stated; “I thought she was going to be my brother’s guardian angel.” He then described Bristol’s Mercedes Benz paid for from money she stole, and asked the court to render a maximum sentence.
Full Article & Source:
Patience Bristol escorted from court in handcuffs
See Also:
First of Many Expected Lawsuits Just Filed Against For-Hire "Guardian" Jared E. Shafer and Two of His Employees
Court-Appointed Guardian Arrested for Stealing READ the two complaints filed with the CGC
READ the 16 page complaint
READ the full Berger Complaint
The Jason Hanson - Jared E. Shafer Story
New Lawsuit Filed Against Nevada "Guardians" Patience Bristol and Jared E. Shafer
Nevada Guardian Patience Bristol Arraigned on Robbery Charges
Former Public Guardian
Guardian Jared Shafer's Public Signs Become a Public Nuisance
Woman charged in Rockland County with killing mother-in-law for inheritance
NEW CITY >> A woman from Florida lured her 80-year-old mother-in-law to the door of her home with a late-night cellphone call, then killed her in hopes of obtaining part of her multimillion-dollar estate, according to court documents made public Thursday.
The daughter-in-law, Diana Nadell of Cutler Bay, Florida, was charged earlier this week with murder and conspiracy in the stabbing of Peggy Nadell of Valley Cottage. Three other women were also charged.
Police and prosecutors have refused to discuss a motive, but the complaint, signed by a Clarkstown police detective, says Diana Nadell wanted some of her mother-in-law’s $4 million “marital inheritance.”
Prosecutors are trying to extradite the defendants from Florida, California and Washington, D.C. No lawyers are listed for them yet in Clarkstown Justice Court, where the complaints were filed. The content of the complaints was first reported in The Journal News.
The documents say Diana Nadell and Andrea Benson of Washington, D.C., went to Peggy Nadell’s home on Jan. 25 and called her at 1:17 a.m. to get her to the front door, then killed her.
Full Article & Source:
Woman charged in Rockland County with killing mother-in-law for inheritance
Wednesday, May 28, 2014
Eviction, Evasion, Invasion?
A fraudulent "guardianship" in a matrimonial action, resulted in an unlawful eviction of the ex-wife.
On 05/19/2014 at 10:10 a.m., four squad cars and a van pulled up to a residence at 21 Equestrian Park Drive, Katonah, NY, to carry out what is now ascertained to have been an UNLAWFUL eviction of the ex-wife (5'2" and 105 lbs.) from the marital residence.
The victim, Diane Colletti-Rotanelli, peaceably opened the door for a Sgt. Grossi, ready to leave. Sgt. Grossi, who said he was from the Westchester County Sheriff's office, refused to give her a copy of the eviction order.
The officers, laughing, scattered throughout the marital residence while she stood there unable to stop them. They refused to do a walk-through of the house or grounds even after her numerous requests so as to document the furnishings, collectibles, artwork, etc. and to verify things were in good order. A final meter reading could not be obtained, as the former Mrs. Diane Rotanelli was being ordered off the grounds.
Several of the officers, a man and a woman, used intimidating tactics, even grabbing her arm numerous times, but Ms. Diane Colletti caused no problems, acceding to their orders. They refused to let her pick up personal items left on the counter, including a camera.
When "escorting" Ms. Colletti out, they caused damage to her vehicle. Sgt. Grossi loudly told her if she stepped one foot on the property she would be arrested. When she asked to see a court order to that effect, he raised his voice even more, and said he is "telling" her.
Instead of locking the door and leaving, some of the officers went back inside the residence. She parked on the public street to observe.
Atty. Kenneth L. Bunting, previously appointed by a judge as Guardian ad Litem ("GAL") "to protect" Ms. Colletti's rights and interests, unbeknownst to her at the time, was in a car on the road, observed the officers escorting her down the driveway to the street, and drove past her, parking in front of the house next door.
Then a tractor-sized moving truck arrived. The driver greeted him, they shook hands, and exchanged some kind of paperwork. The moving truck, after about ten minutes, left and "GAL" Bunting proceeded up the driveway and talked to the officers.
One of the unmarked vehicles came down the driveway to the end of the block, and returned, escorting a vehicle with Mr. Michael Rotanelli, owner of Transit Towing a/k/a Transit Auto Towing, who was recently a Democratic candidate for Yonkers City Council President. With him was his companion Carol Bengis, secretary to the former Yonkers City Council President, and employed by Michael Rotanelli's attorney, Westchester County Legislator Gordon A. Burrows, who was not present. They were greeted by "GAL" Bunting, and all three entered the residence. The two later were observed signing and exchanging documents while Carol Bengis remained inside the marital residence.
An unidentified woman arrived in a car and she also entered the residence, while several officers stared down Ms. Colletti from the top of the driveway.
During this time an officer had been going in and out of the residence and placing items into the van. When he left, passing Ms. Colletti, he showed her his middle finger.
When "GAL" Bunting finally left, he passed Ms. Colletti where she was observing from the street, and without a greeting of any kind, "The Protector" just smirked at her and took off in his vehicle.
WILL THE WIFE'S SHARE OF THE MARITAL PROPERTY AND HER OWN PRE-MARITAL AND INHERITED PROPERTY, PUT UNDER CONTROL OF "GAL" BUNTING BY THE COURT, NOW BE GIVEN TO HER, BY THIS SO-CALLED "PROTECTOR OF HER RIGHTS"?
Stay tuned! Copies of the court documents which permitted violation of ex-wife's rights by means of a fraudulent and unlawful "guardianship" leading to this unlawful eviction will be posted.
See Also:
“Go to a homeless shelter, judge tells wife”
Fraudulent "Guardianship" in Matrimonial Action Ends in Unlawful Eviction of Wife
(As told to a NASGA member)
If you don't know 'your rights - you don't have any - especially when judges resort to misuse of and violation of law, such as in this Fraudulent "Guardianship." (This, we understand, has happened elsewhere in matrimonial cases.)
On 05/19/2014 at 10:10 a.m., four squad cars and a van pulled up to a residence at 21 Equestrian Park Drive, Katonah, NY, to carry out what is now ascertained to have been an UNLAWFUL eviction of the ex-wife (5'2" and 105 lbs.) from the marital residence.
The victim, Diane Colletti-Rotanelli, peaceably opened the door for a Sgt. Grossi, ready to leave. Sgt. Grossi, who said he was from the Westchester County Sheriff's office, refused to give her a copy of the eviction order.
The officers, laughing, scattered throughout the marital residence while she stood there unable to stop them. They refused to do a walk-through of the house or grounds even after her numerous requests so as to document the furnishings, collectibles, artwork, etc. and to verify things were in good order. A final meter reading could not be obtained, as the former Mrs. Diane Rotanelli was being ordered off the grounds.
Several of the officers, a man and a woman, used intimidating tactics, even grabbing her arm numerous times, but Ms. Diane Colletti caused no problems, acceding to their orders. They refused to let her pick up personal items left on the counter, including a camera.
When "escorting" Ms. Colletti out, they caused damage to her vehicle. Sgt. Grossi loudly told her if she stepped one foot on the property she would be arrested. When she asked to see a court order to that effect, he raised his voice even more, and said he is "telling" her.
Instead of locking the door and leaving, some of the officers went back inside the residence. She parked on the public street to observe.
Atty. Kenneth L. Bunting, previously appointed by a judge as Guardian ad Litem ("GAL") "to protect" Ms. Colletti's rights and interests, unbeknownst to her at the time, was in a car on the road, observed the officers escorting her down the driveway to the street, and drove past her, parking in front of the house next door.
Then a tractor-sized moving truck arrived. The driver greeted him, they shook hands, and exchanged some kind of paperwork. The moving truck, after about ten minutes, left and "GAL" Bunting proceeded up the driveway and talked to the officers.
One of the unmarked vehicles came down the driveway to the end of the block, and returned, escorting a vehicle with Mr. Michael Rotanelli, owner of Transit Towing a/k/a Transit Auto Towing, who was recently a Democratic candidate for Yonkers City Council President. With him was his companion Carol Bengis, secretary to the former Yonkers City Council President, and employed by Michael Rotanelli's attorney, Westchester County Legislator Gordon A. Burrows, who was not present. They were greeted by "GAL" Bunting, and all three entered the residence. The two later were observed signing and exchanging documents while Carol Bengis remained inside the marital residence.
An unidentified woman arrived in a car and she also entered the residence, while several officers stared down Ms. Colletti from the top of the driveway.
During this time an officer had been going in and out of the residence and placing items into the van. When he left, passing Ms. Colletti, he showed her his middle finger.
When "GAL" Bunting finally left, he passed Ms. Colletti where she was observing from the street, and without a greeting of any kind, "The Protector" just smirked at her and took off in his vehicle.
WILL THE WIFE'S SHARE OF THE MARITAL PROPERTY AND HER OWN PRE-MARITAL AND INHERITED PROPERTY, PUT UNDER CONTROL OF "GAL" BUNTING BY THE COURT, NOW BE GIVEN TO HER, BY THIS SO-CALLED "PROTECTOR OF HER RIGHTS"?
Stay tuned! Copies of the court documents which permitted violation of ex-wife's rights by means of a fraudulent and unlawful "guardianship" leading to this unlawful eviction will be posted.
See Also:
“Go to a homeless shelter, judge tells wife”
Fraudulent "Guardianship" in Matrimonial Action Ends in Unlawful Eviction of Wife
(As told to a NASGA member)
Recommended Website: Clear the Bench - Arizona
We are an association that is seeking to provide education to the people of Arizona about the selection of judges, the performance of judges and what the public can do to make sure fair people are put on the bench and remain on the bench.
Clear the Bench Arizona is located in Phoenix and works with many people who have been victims of the court system, Arizona State Bar and attorneys and is seeking to clear up and clean up the system from politics and profiting off of the people it is supposed to protect.
MISSION STATEMENT:
Educate Arizona voters on the importance of judges observing principles of the “rule of law” in deciding cases; Educate Arizona voters on their right to non-retain judges who do not follow these principles; Evaluate judicial performance on the basis of the Arizona Constitution, established statutory law, legal precedent, “rule of law” principles (as a means of providing substantive information to educate voters).
ClearTheBench-AZ.com
Former Upper Arlington lawyer gets probation for death-benefits theft
Police and prosecutors wanted former lawyer Lindsey T. Burt to go to prison for stealing death benefits intended for a child. A Franklin County judge decided that probation and community service was more appropriate.
Common Pleas Judge Laurel Beatty placed Burt on probation yesterday for five years and ordered her to complete 240 hours of community service — the equivalent of 40 hours a week for six weeks. If she violates probation, the judge said she would send Burt to prison for three years.
Beatty said her decision was guided by Burt’s lack of a previous criminal record and by the small chance that others would be victimized by Burt, who surrendered her law license in 2011.
“You were an attorney who betrayed your client’s trust,” the judge told her. “You cheated a child out of money.”
But Burt’s failure as an attorney “has not put anyone else at risk,” Beatty said. Had Burt not paid restitution or surrendered her law license, the sentencing would have been “a very different story.”
Burt, 34, of Berwyn Road in Upper Arlington, pleaded guilty in April to charges of theft and tampering with government records.
She could have been sent to prison for 4 1/2 years.
She declined to make a statement in court or to comment after the hearing.
Burt was supposed to file paperwork with the probate court to recognize the child’s father as guardian after the child’s mother died. The parents weren’t married, and the father, Mark Chapa, lives in Texas.
Instead, Burt altered a document to make it appear as if she were the child’s guardian, and she sent it to the Ohio Public Employees Retirement System, where the child’s mother had worked. From April 2008 to April 2013, the retirement system deposited death benefits totaling $67,183 in Burt’s personal savings account.
Assistant Prosecutor Kimberly Bond asked the judge to impose a two-year prison sentence, saying Burt hasn’t shown remorse and doesn’t seem to appreciate the seriousness of the offense.
Full Article & Source:
Former Upper Arlington lawyer gets probation for death-benefits theft
"Checklist for Family Survivors"
A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP - the nation 's leading associations in the law and the advancement of issues that matter most to people 50+ and their families - helps answer the myriad of questions surrounding what needs to be done following a loved one 's passing.
This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although the ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death. In each chapter, you' ll find convenient checklists to help guide you through the difficult time.
Chapter topics include:
*Applying for survivors benefits
*Checking on insurance benefits
*Sorting through the stuff
*Getting ready for probate
*Taking care of yourself
And more!
Available through the ABA
This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although the ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death. In each chapter, you' ll find convenient checklists to help guide you through the difficult time.
Chapter topics include:
*Applying for survivors benefits
*Checking on insurance benefits
*Sorting through the stuff
*Getting ready for probate
*Taking care of yourself
And more!
Available through the ABA
Tuesday, May 27, 2014
Ohio lags nation in guardianship reform
Jim Hutchcraft used to fear dying alone.
The threat was real for the 53-year-old former construction worker with heart disease and two failed kidneys. Trapped in a nursing home since an out-of-control infection in his big toe cost him his right foot and part of his leg, Hutchcraft was at the mercy of the nursing-home staff for his care.
He had no friends who could help him. No one in his family knew where he was.
Then something rare happened. A stranger came to say she was with a program that matches volunteers with people who need help managing their affairs.
“I thought she was cracked,” Hutchcraft said. “You don’t see people going out of their way to help other people.”
Diana Felice, who goes by Di, threw herself into her job as Hutchcraft’s conservator, a type of guardianship established for people who are of sound mind but need help managing their affairs because of fragile health.
Over the next six months, she visited Hutchcraft weekly, logging dozens of hours meeting with him and with the nursing-home staff to insist that he get better care.
Not satisfied with just seeing to Hutchcraft’s health needs, Felice did some Internet sleuthing and tracked down his 24-year-old daughter in Minnesota. They were reunited in April for the first time in 15 years.
“It gives you hope in life,” Hutchcraft said. “It gives you something in life to look forward to.”
Full Article & Source:
Ohio lags nation in guardianship reform
Miss. Supreme Court asked to discipline judge
JACKSON, Miss. (AP) — The Mississippi Supreme Court has delayed acting on discipline for a former youth-court judge until it determines whether it can legally bar Leigh Ann Darby from holding a future judicial office.
The Mississippi Commission on Judicial Performance is charged with investigating allegations of misconduct by judges. By law, it recommends discipline to the Supreme Court, which has final say in judicial disciplinary matters.
Darby, the Tate County family master and youth court judge in Senatobia, Mississippi, came under fire in July 2011 after she ordered three 15-year-olds to be given a drug test and transported to the Alcorn County Youth Detention Center in Corinth. The teens were strip-searched as provided by the jail policy when they arrived at the jail and spent three days there.
The three were arrested after police got a complaint they were walking through a woman's yard. All three were eventually found not guilty of trespassing.
Darby was suspended for 60 days and resigned in November 2011. The judicial watchdog agency brought its complaint against Darby in May 2013 and filed its discipline recommendation in September of that year.
The Judicial Performance Commission found Darby's actions violated canons of judicial conduct. Darby did not challenge the findings, according to court records, and agreed to the discipline recommendation of removal from office and ban on holding a future judicial office.
The commission said the teenagers had no previous arrests and were not under the jurisdiction of the Tate County Youth Court. The commission said Darby had no authority to order the drug tests or to order the teenagers sent to Alcorn County.
The commission said the teenagers did not have a lawyer and Darby did not hold a detention hearing before ordering them arrested.
The Supreme Court earlier this month questioned whether it had authority to stop Darby from holding a judicial office in the future.
Full Article & Source:
Miss. Supreme Court asked to discipline judge
Young Tech Entrepreneurs Develop Products for Seniors
When 73-year-old Ralph Harris walks down the street in Hayes Valley, he sees scores of interesting young entrepreneurs. But the San Francisco resident, who once grew his own small firm into a successful business, said he feels invisible to them.
"We see all this entrepreneurial energy, but once you get to be old, you disappear," Harris said. "They knock you over running with their cell phones to their big white buses."
So he was surprised when some startup founders asked him to join a focus group - at the Sequoias, his Cathedral Hill retirement community.
The focus group is part of a growing movement by young tech professionals to build consumer products geared toward seniors - whether it's developing ways to protect credit cards from scams or on-demand car apps for older folks.
"With most entrepreneurship, the person creating the solution is the person who has the problem," said Katy Fike, who holds a doctorate in gerontology and is advising a group of 11 startups that are working on services for people 50 and older. "A unique challenge of this space is that there might be someone who's 85 or 90 and they know the problem but they're not in a place to necessarily start a company. Why are we still taking care of people the same way we did 30 years ago?"
Full Article and Source:
Young Tech Entrepreneurs Develop Products for Seniors
"We see all this entrepreneurial energy, but once you get to be old, you disappear," Harris said. "They knock you over running with their cell phones to their big white buses."
So he was surprised when some startup founders asked him to join a focus group - at the Sequoias, his Cathedral Hill retirement community.
The focus group is part of a growing movement by young tech professionals to build consumer products geared toward seniors - whether it's developing ways to protect credit cards from scams or on-demand car apps for older folks.
"With most entrepreneurship, the person creating the solution is the person who has the problem," said Katy Fike, who holds a doctorate in gerontology and is advising a group of 11 startups that are working on services for people 50 and older. "A unique challenge of this space is that there might be someone who's 85 or 90 and they know the problem but they're not in a place to necessarily start a company. Why are we still taking care of people the same way we did 30 years ago?"
Full Article and Source:
Young Tech Entrepreneurs Develop Products for Seniors
Monday, May 26, 2014
Always Remember: Heroes Never Die
Remembering all our heroes today -- those who have served, those serving now and those who will serve in generations to come.
And we pay special tribute to the heroes in our families who fight the good fight to protect their loved ones from unlawful and abusive guardianships and conservatorships.
We honor caregivers and friends who give us all much needed support and strength to fuel our advocacy efforts.
And we remember with sadness and heavy hearts the many family members and friends we have lost to guardianship abuse.
Our advocacy efforts are in their honor.
Join the national movement for reform.... Join NASGA!
And we pay special tribute to the heroes in our families who fight the good fight to protect their loved ones from unlawful and abusive guardianships and conservatorships.
We honor caregivers and friends who give us all much needed support and strength to fuel our advocacy efforts.
And we remember with sadness and heavy hearts the many family members and friends we have lost to guardianship abuse.
Our advocacy efforts are in their honor.
Join the national movement for reform.... Join NASGA!
Walt Disney Family Feud: Inside His Grandkids' Weird, Sad Battle Over a $400 Million Fortune
Before Walt Disney's youngest daughter, Sharon Disney Lund, died in 1993 of breast cancer at age 56, her three grown children gathered in a North Hollywood office and were told about the vast fortune that awaited them. Brad and Michelle were the then-23-year-old twins from Sharon's second marriage to Bill Lund, the real estate developer who scouted the 27,000 acres in Orlando that later would become Disney World, Walt's second "Happiest Place on Earth" after Disneyland in Anaheim. And then there was Victoria Disney, then 27, the daughter adopted by Sharon (who herself was adopted) with her first husband, Robert Brown. All three already lived comfortably. But this was a whole other level of wealth on the table.
Per the terms of their combined trusts -- today worth about $400 million -- Walt Disney's grandchildren were to receive 20 percent distributions, a good portion of it in Disney stock. The payouts were to be dispensed to the three children at the ages of 35, 40 and 45, once amounting to about $20 million (and now closer to $30 million) for each every five years. But there was one important caveat: Sharon empowered three trustees -- including, at the time, ex-husband Bill and older sister Diane Disney Miller -- to withhold distributions in the event the children did not demonstrate "maturity and financial ability to manage and utilize such funds in a prudent and responsible manner."
The caveat would prove to have a catastrophic impact on the Lund branch of the Disney family. Its interpretation by the trustees on the twins' 35th and 40th birthdays would lead to accusations of conspiracy and mental incompetence and would culminate in ugly depositions, complete with insinuations of incest, leading up to a two-week-long battle of a trial in December in Los Angeles Superior Court. On one side of the lawsuit is Brad, now 43; his lawyers; his father, Bill, 83; and his stepmother, Sherry Lund, Bill's fifth wife. On the other: the three current trustees, each paid up to $1 million annually (and some years more) for their role, who counted Brad's twin sister, Michelle, as a witness, and who were represented by lead attorney Peter Gelblum. Brad's side was contesting the trustees' rulings for his 35th and 40th birthday distributions that determined he lacked the mental abilities to oversee them. The trustees had reached the opposite conclusion about his twin sister, Michelle, awarding her millions on her birthday despite word of her history of drug addiction and a brain aneurysm in 2009 that had left her with uncertain mental abilities.
The heated testimony included Sherry accusing the trustees essentially of brainwashing her stepdaughter Michelle against her and Bill. She also blamed them for trying "to ruin our family" and attempting "to kill my husband over this," as Gelblum probed whether Sherry was behind a "campaign to sue everyone who gets between [her] and Brad's money." For a $140 billion company built on appealing to families, the inheritance war has been an ugly sideshow. And it is a far cry from the way things used to be in the Disney dynasty.
Full Article & Source:
Walt Disney Family Feud: Inside His Grandkids' Weird, Sad Battle Over a $400 Million Fortune
Sunday, May 25, 2014
Tonight on T.S. Radio: Minnesota Culture of Professional Guardianship Corruption: Protecting Abusers
Tammy Hooks joins us this evening to discuss the ongoing corruption of guardianship as conducted under the protection of the BAR Association and the courts here in Minnesota.
Last years ruling by the State Supreme Court gave professional predators the right to end the life of disabled or elderly individuals, solely on demand. Ignoring state statute which required the professional guardian to return to the court to seek permission to pull life support, the Supreme Court intentionally disregarded that statute and claimed that an earlier statute regarding health care, and powers of attorney somehow implied or could be interpreted to give the predator this power. Clearly the statutes say otherwise.
Tammy's son Jimmy Suski has been isolated from her at the behest of the guardian. Apparently, Tammy, demanding that the neglect and abuse of her brain injured son stop immediately and that proper care be given to him, made someone mad!
To add insult to the injury, the neglect and abuse caused by the lack of care and concern at medical facilities that occurred after Jimmy's injury was, shifted to Tammy. She has been labeled as an abuser although the records clearly show the bed sores, lost weight, and terrible condition of her son was the result of mismanagement and lack of care by professionals at several facilities. When Tammy demanded that proper care be given to her son, the guardian stopped her visitation.
Tammy did not know where her son was being held for almost a year, nor was she advised of his condition during this time.
Join us for what should be a riveting show.
5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST
LISTEN LIVE or listen to the archive later
Last years ruling by the State Supreme Court gave professional predators the right to end the life of disabled or elderly individuals, solely on demand. Ignoring state statute which required the professional guardian to return to the court to seek permission to pull life support, the Supreme Court intentionally disregarded that statute and claimed that an earlier statute regarding health care, and powers of attorney somehow implied or could be interpreted to give the predator this power. Clearly the statutes say otherwise.
Tammy's son Jimmy Suski has been isolated from her at the behest of the guardian. Apparently, Tammy, demanding that the neglect and abuse of her brain injured son stop immediately and that proper care be given to him, made someone mad!
To add insult to the injury, the neglect and abuse caused by the lack of care and concern at medical facilities that occurred after Jimmy's injury was, shifted to Tammy. She has been labeled as an abuser although the records clearly show the bed sores, lost weight, and terrible condition of her son was the result of mismanagement and lack of care by professionals at several facilities. When Tammy demanded that proper care be given to her son, the guardian stopped her visitation.
Tammy did not know where her son was being held for almost a year, nor was she advised of his condition during this time.
Join us for what should be a riveting show.
5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST
LISTEN LIVE or listen to the archive later
Hundreds Gathered Saturday to Protest for Justina Pelletier
Hundreds of people gathered on the steps of the Statehouse Saturday, demanding justice for a Connecticut teen in the custody of DCF.
Justina Pelletier has been in state custody for more than a year after a dispute between doctors at Boston Children's Hospital and her parents over her diagnosis.
Justina is now at a facility back in her home state of Connecticut, but still not back home with her family.
Her father Lou spoke at Saturday's rally calling for others around the country to take action. The Pelletiers have a meeting with DCF and doctors from Tufts on Friday.
If all goes well, the Pelletiers hope to have their daughter home by early June.
Source:
Hundreds Gather to Protest for Justina Pelletier
Ex-attorney for county linked with forged wills
LUMBERTON — A Superior Court judge this week ruled that two wills naming former Robeson County Attorney Hal Kinlaw as executor were forgeries.
Judge Mary Ann Tally, during a hearing in Robeson County Superior Court, ruled in favor of petitions submitted by Jessie McFadyen Tolar, of Red Springs, requesting that the wills of her mother, Louise B. McFadyen, and father, Robert Lewis McFayden, be “removed and set aside” and authentic wills be substituted in their place.
The Robesonian has been told that Kinlaw as well as his late father had business relationships for many years with Lewis McFayden. According to the petition filed by Tolar, Kinlaw resigned as executor of both of her late parents wills on March 26, 2013.
The petition to the court said that on the same day Kinlaw resigned as executor of the estates, Tolar was appointed administrator of her parents’ estates and executor of their wills. After her appointment, according to the petitions, she discovered that Louise McFadyen’s 2009 will naming Kinlaw executor was “in fact a forgery and never executed by the decedent.” She also found the 2005 will of Lewis McFadyen to be a forgery.
According to the petitions, Kinlaw would not have received anything of value in either of the forged wills.
A court official confirmed that the action taken Monday did not include any criminal charges. It was unclear Friday, however, if further action will be taken in criminal court. An assistant to Tolar’s attorney, Hilton T. Hutchens Jr. of Fayetteville, told The Robesonian that Hutchens would “not make any comment at this time.”
Attempts by The Robesonian to get a comment from Kinlaw were unsuccessful.
Kinlaw resigned as Robeson County attorney in June 2013 after it became public that he is being sued by BB&T for almost $18 million in unpaid loans. He had been the county’s attorney for more than 20 years.
Full Article & Source:
Ex-attorney for county linked with forged wills
Ex-judge's lawyer questions corruption charges
HARRISBURG, Pa. (AP) — The lawyer for a retired Philadelphia judge who's charged with corruption says he's outraged by the state attorney general's decision to prosecute the case.
Samuel Stretton, the attorney for Willis Berry Jr., said Thursday his client will plead not guilty and questioned why the 72-year-old ex-judge is charged with one felony count each of theft and conflict of interest.
Stretton says the state Court of Judicial Discipline considered the ethical implications of the same allegations and suspended Berry from the bench for four months without pay in 2009.
State prosecutors said in announcing the charges Thursday that their independent investigation showed Berry illegally used his judicial secretary and other taxpayer resources in the daily operations of his business between 1997 and 2007.
Full Article & Source:
Ex-judge's lawyer questions corruption charges
Alton lawyer gives up law licence
May 22--ALTON -- An Alton attorney facing felony drug charges and discipline from a state agency has voluntarily given up his law license.
The Illinois Supreme Court earlier this month approved Brad Hunt's motion to give up his license.
Hunt is well-known for defending drug suspects and others. He was charged last August with two felony counts of unlawful production of marijuana plants and a count of misdemeanor unlawful possession of marijuana. The charges are still pending.
He was already facing disciplinary action for allegedly keeping $60,000 for his own use. The money was supposed to be placed in a trust fund for his client in case any further litigation was required.
The case revolved around a minor who was made disabled after being shot in 1997. An insurance company made a settlement of $200,000. A judge ordered Hunt to set up the fund for future expenses of possible litigation against the gun maker.
The Illinois Attorney Registration and Disciplinary Commission claimed that Hunt kept that $60,000 to pay his own taxes and to a payment down on a mortgage on his own house. Shortly after the commission filed the complaint, Hunt said in a brief interview that he never received the order telling him to set up the fund.
Hunt could not be reached Thursday for comment.
Hunt was also facing discipline for practicing law when he was not on the roles of lawyers permitted to practice. The commission said he filed briefs and made court appearances after he was removed from the roles for allegedly failing to pay his license fees for 2014.
Full Article & Source:
Alton lawyer gives up law licence