Don’t miss this exclusive interview June 28 at 8p ET!
Source:
Don't Miss Justina Pelletier's Exclusive Interview on "Huckabee" June 28!
Saturday, June 28, 2014
Justina Pelletier to be Interviewed Tonight on "Huckabee"
There’s some good news for one Connecticut teenager who has been away from home for a long time.
Justina Pelletier, 16, was taken from her parents and handed over to Massachusetts DCF in a yearlong dispute over her medical condition. She has finally returned home after a judge earlier this week ruled that she should be with her parents.
Saturday, June 28, Mike Huckabee will sit down with Justina in her first TV interview since being released from DCF custody.
Don’t miss this exclusive interview June 28 at 8p ET!
Source:
Don't Miss Justina Pelletier's Exclusive Interview on "Huckabee" June 28!
Don’t miss this exclusive interview June 28 at 8p ET!
Source:
Don't Miss Justina Pelletier's Exclusive Interview on "Huckabee" June 28!
More on Ohio Attorney/Guardian James Thomas Jr. Sentenced for Theft From Clients/Wards
Visiting Judge Neal Bronson sentenced James Thomas Jr., 38, of Brookville, to 4.5 years in prison and ordered him to pay $208,094.65 in restitution to the victims, on Tuesday, June 17.
Thomas was charged in April with three counts of theft from an elderly person or disabled adult and three counts of falsification after an investigation conducted by the Attorney General’s Bureau of Criminal Investigation (BCI) found that Thomas took hundreds of thousands of dollars from four victims’ bank accounts between 2007 and 2013.
“While he lived with, he left [the victim] to live without,” said Sarah Michael, the now-guardian of the estate for a victim. “[The victim] has trust issues of all attorneys since the actions of Mr. Thomas, as she believes that all people, including I and the support, are doing the same things to her that Mr. Thomas did,” said Michael. “This Christmas, she was not able to buy gifts for her grandkids because she did not have any extra-allowable funds to do so … she could not personally buy Christmas presents for her grandchildren, but it is doubtful that Mr. Thomas denied that luxury to his step-children.”
Thomas apologized to his victims and said, “none of it was intentional. I love each and every one of you and I always did.
What I did to you was horrible, horrible, there’s no excuse for it; I have no excuse.”
The case was prosecuted by Attorney General Mike DeWine’s Special Prosecutions Section, and investigators with the Preble County Sheriff’s Office assisted in the investigation.
Full Article and Source:
Preble Attorney Sentenced for Theft From Clients
See Also:
Ohio Attorney James Thomas Jr. Sentenced for Theft From the Elderly
Lawyer Mark Mayfield, Charged in Nursing Home Break-In, Commits Suicide
One of the supporters of Mississippi state Sen. Chris McDaniel (R) who was allegedly involved in directing a political blogger to break into the nursing home of Sen. Thad Cochran's (R-MS) wife, has committed suicide.
Mayfield's lawyers confirmed to TPM on Friday that Mayfield had died. One of Mayfield's lawyers, John Reeves, said it was in an apparent suicide.
Mayfield (pictured), an attorney and member of the Central Mississippi Tea Party, was one of the men arrested in connection with the criminal case against political blogger "Constitutional Clayton" Kelly, who allegedly went to the nursing home of Rose Cochran's nursing home to take her photograph to use in an anti-Cochran video. Mayfield and Kelly were supporters of McDaniel.
Full Article and Source:
Lawyer Charged in Cochran Nursing Home Caper Commits Suicide
Mayfield's lawyers confirmed to TPM on Friday that Mayfield had died. One of Mayfield's lawyers, John Reeves, said it was in an apparent suicide.
Mayfield (pictured), an attorney and member of the Central Mississippi Tea Party, was one of the men arrested in connection with the criminal case against political blogger "Constitutional Clayton" Kelly, who allegedly went to the nursing home of Rose Cochran's nursing home to take her photograph to use in an anti-Cochran video. Mayfield and Kelly were supporters of McDaniel. Full Article and Source:
Lawyer Charged in Cochran Nursing Home Caper Commits Suicide
Friday, June 27, 2014
Is APS TAking Advantage of the Elderly? Texas Advocates Say, "Yes"
Don Brannan has spent months in a nursing home for the mentally disabled. He was sent there by Adult Protective Services (APS).
"I want to go home," he told News 8.
Critics say the state agency is exploiting seniors and seizing their assets.
Brannan was injured last year and was admitted to a Fort Worth hospital. Doctors called Adult Protective Services and Brannan, who has no immediate family, was sent to a state-funded home.
In a video, given to News 8 by advocates at the Open Records project, you can hear people screaming in the background at the home.
Russell Fisher is an advocate for the elderly and is with the Open Records project.
"What is most disturbing about where he is right now, is there are some severely mentally-disturbed people there," Fisher said.
In the meantime, APS asked a probate judge to sell Brannan's house, as well as seize his money and all his assets.
"Literally, they set me up with a guardian who's making all my financial decisions, and I don't know what they have done with my money," Brannan said.
On Wednesday at a hearing, state legislators in Austin heard testimony from people all across the state whose loved ones have been put into homes by APS.
Virginia Prichard said her best friend was institutionalized after a gall bladder surgery, and everything was taken from her.
"In my opinion, no state agency should have the right to get someone out of their home and take their bank accounts, their home, and every single thing they've got," she said.
APS wouldn't comment on Brannan's case citing medical privacy laws, but said their mission is to help the elderly who can't help themselves.
Full Article, Video and Source:
Some Claim Adult Protective Services Taking Advantage of the Elderly
Critics say the state agency is exploiting seniors and seizing their assets.
Brannan was injured last year and was admitted to a Fort Worth hospital. Doctors called Adult Protective Services and Brannan, who has no immediate family, was sent to a state-funded home.
In a video, given to News 8 by advocates at the Open Records project, you can hear people screaming in the background at the home.
Russell Fisher is an advocate for the elderly and is with the Open Records project.
"What is most disturbing about where he is right now, is there are some severely mentally-disturbed people there," Fisher said.
In the meantime, APS asked a probate judge to sell Brannan's house, as well as seize his money and all his assets.
"Literally, they set me up with a guardian who's making all my financial decisions, and I don't know what they have done with my money," Brannan said.
On Wednesday at a hearing, state legislators in Austin heard testimony from people all across the state whose loved ones have been put into homes by APS.
Virginia Prichard said her best friend was institutionalized after a gall bladder surgery, and everything was taken from her.
"In my opinion, no state agency should have the right to get someone out of their home and take their bank accounts, their home, and every single thing they've got," she said.
APS wouldn't comment on Brannan's case citing medical privacy laws, but said their mission is to help the elderly who can't help themselves.
Full Article, Video and Source:
Some Claim Adult Protective Services Taking Advantage of the Elderly
Georgia Voices: Stopping Elder Abuse
That’s the best way to send the message such atrocities won’t be tolerated.
Sadly, a 70-year-old former hairdresser in Garden City who suffered horrendous deprivation and physical abuse at the hands of her daughter and the younger woman’s boyfriend in 2012 died two weeks ago today.
The death of Caroline Louise Thomas should encourage the public to keep an eye out for citizens who may be suffering but are afraid or incapable of calling for help.
On Feb. 20, Thomas’ 48-year-old daughter, Maria Wiggins, was sentenced to 20 years in prison (but only six to serve) for cruelty to a person 65 years of age or older.
She also was sentenced to five years for exploitation of an elderly person, although those years will run concurrently with the stiffer sentence.
Wiggins’ 52-year-old boyfriend, Michael Victor Nesmith, received the same sentences for the same charges from Superior Court Judge James Bass Jr.
But since Nesmith was charged as a repeat offender, he will not be eligible for parole.
Chatham County District Attorney Meg Heap has made prosecuting crimes against the elderly a priority, and she should be applauded.
Many seniors are helpless and vulnerable. They are easy targets.
As the population ages, it’s possible that the number of innocent victims could grow unless society fights back.
Caroline Thomas didn’t deserve to be treated this way. No one does. That’s why prosecutors and judges must bring down the hammer to punish such atrocious behavior.
And help deter it.
Source:
Georgia Voices: Stopping Elder Abuse
Judge Mike Maggio Appears Before Ethics Commission
Maggio's name hit headlines after blogger Matt Campbell linked the judge to questionable comments on an online sports forum, including disclosing confidential details of an adoption by celebrity Charlize Theron.
That triggered an investigation by the Arkansas Judicial Discipline Commission. Maggio withdrew from the appeals court race and apologized for a lapse in judgment.
Campbell later highlighted thousands of dollars in campaign contributions made to Maggio's campaign from political action committees that were linked to a nursing home owner who had been a defendant in Maggio's court.
That led to additional investigations by the Judicial Discipline and Arkansas Ethics Commissions.
In March, the daughters of Martha Bull filed paperwork with the Arkansas Judicial Commission. Those papers outlined the timing of thousands of dollars in contributions to Judge Maggio's appeals court campaign. The paperwork triggered a Judicial Discipline investigation, but the Ethics Commission also confirmed it was investigating the donations.
Full Article and Source:
Judge Mike Maggio Appears Before Ethics Commission
Judge Mike Maggio Appears Before Ethics Commission
Thursday, June 26, 2014
Advocates Push for Reform of Adult Guardianship System in Texas
It all started when Denise Tighe passed out at a restaurant
in her North Texas hometown. The 85-year-old was taken to the hospital, deemed
incapable of properly caring for herself and became a ward of the state against
her will.
After she was assigned a guardian in 2011, she was taken to a nursing home 20 miles from her hometown near Fort Worth, which she adamantly protested, and her home and a lifetime of jewelry and antiques were put up for sale. She died in January with friends and family questioning whether the state did her more harm than good.
Now one of Tighe’s friends, Virginia Pritchett, is pointing to what happened to Tighe as an example of a broken adult guardianship system in Texas.
Pritchett is one of about two dozen advocates who gave testimony to the state Sunset Advisory Commission on Wednesday hoping to spur change. They say the guardianship process is stripping the rights from competent people and dragging them through a court system that requires them to spend thousands to protect their independence.
The push has gained momentum since the last legislative session when only a handful of critics lobbied with little success. Since then, a coalition of disability and elderly groups from across the state has banded together to develop and refine a set of proposals for the next session — calling for guardianships to be the last option and for more independence for wards of the state.
These elderly people are being warehoused in nursing homes, and these
court-appointed attorneys are going through all their money in court hearings
that the elderly people don’t even know is occurring,” said Debby Valdez with
the San-Antonio based Guardianship Reform Advocates For The Disabled & Elderly.
Adult guardianship cases are 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 the answer is no, the judge can appoint a guardian to make medical, financial and other decisions for them.
Lawyers and judges have said that the system is protecting people and that proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.
Texas has about 46,000 people in guardianship, according to the state. 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.
Advocates say that guardianship should be the last option for proposed wards and supported decision-making should be the alternative. This means allowing people with limited disabilities to hire supporters whose jobs are strictly to give information so they can make decisions for themselves.
“Even though it seems counterintuitive, not all people under guardianship are totally unable to make decisions,” said Bob Kafka with the Austin-based group Guardianship Reform and Supported Decision Making.
Supported decision-making has also garnered the support of former Texas Health and Human Services Commissioner Tom Suehs.
A few years ago, the Travis County probate court appointed Suehs’ mother-in-law a guardian ad litem, whom she paid about $300 an hour. She also hired her own attorney to fight the process.
After $30,000 in court fees, Suehs’ mother-in-law settled the dispute in mediation and she got her independence back.
“Some people have started using guardianship as an easy way out, to try to attack and resolve family disputes when they don’t need to,” Suehs said. “My own personal belief is that over the last five or six years, lawyers are creating an industry here."
Suehs worked with lawmakers in the last legislative session for guardianship reform, but some laws passed that did more harm than good, according to advocates. The law that has garnered the most criticism gives guardians the authority to decide where a ward can live and peace officers must enforce it.
“It gives the guardian the authority to call the police and say, ‘I’ve got a court order and I can remove the little old lady from her house,’” Valdez said.
Advocates want people under guardianship to have the ability to decide where to live. And guardians should be forced to visit with their wards monthly and submit reports that are reviewed by the court, advocates say.
“Every alternative must be explored before even thinking about taking away someone’s civil rights,” Kafka said.
Source:
Advocates Push for Reform of Adult Guardianship System in Texas
LISTEN and WATCH the archive of the Sunset Advisory Commission. Note: fast forward to 9:27.00
After she was assigned a guardian in 2011, she was taken to a nursing home 20 miles from her hometown near Fort Worth, which she adamantly protested, and her home and a lifetime of jewelry and antiques were put up for sale. She died in January with friends and family questioning whether the state did her more harm than good.
Now one of Tighe’s friends, Virginia Pritchett, is pointing to what happened to Tighe as an example of a broken adult guardianship system in Texas.
Pritchett is one of about two dozen advocates who gave testimony to the state Sunset Advisory Commission on Wednesday hoping to spur change. They say the guardianship process is stripping the rights from competent people and dragging them through a court system that requires them to spend thousands to protect their independence.
The push has gained momentum since the last legislative session when only a handful of critics lobbied with little success. Since then, a coalition of disability and elderly groups from across the state has banded together to develop and refine a set of proposals for the next session — calling for guardianships to be the last option and for more independence for wards of the state.
These elderly people are being warehoused in nursing homes, and these
court-appointed attorneys are going through all their money in court hearings
that the elderly people don’t even know is occurring,” said Debby Valdez with
the San-Antonio based Guardianship Reform Advocates For The Disabled & Elderly.Adult guardianship cases are 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 the answer is no, the judge can appoint a guardian to make medical, financial and other decisions for them.
Lawyers and judges have said that the system is protecting people and that proposed changes would leave people more vulnerable and throw unnecessary roadblocks into the process.
Texas has about 46,000 people in guardianship, according to the state. 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.
Advocates say that guardianship should be the last option for proposed wards and supported decision-making should be the alternative. This means allowing people with limited disabilities to hire supporters whose jobs are strictly to give information so they can make decisions for themselves.
“Even though it seems counterintuitive, not all people under guardianship are totally unable to make decisions,” said Bob Kafka with the Austin-based group Guardianship Reform and Supported Decision Making.
Supported decision-making has also garnered the support of former Texas Health and Human Services Commissioner Tom Suehs.
A few years ago, the Travis County probate court appointed Suehs’ mother-in-law a guardian ad litem, whom she paid about $300 an hour. She also hired her own attorney to fight the process.
After $30,000 in court fees, Suehs’ mother-in-law settled the dispute in mediation and she got her independence back.
“Some people have started using guardianship as an easy way out, to try to attack and resolve family disputes when they don’t need to,” Suehs said. “My own personal belief is that over the last five or six years, lawyers are creating an industry here."
Suehs worked with lawmakers in the last legislative session for guardianship reform, but some laws passed that did more harm than good, according to advocates. The law that has garnered the most criticism gives guardians the authority to decide where a ward can live and peace officers must enforce it.
“It gives the guardian the authority to call the police and say, ‘I’ve got a court order and I can remove the little old lady from her house,’” Valdez said.
Advocates want people under guardianship to have the ability to decide where to live. And guardians should be forced to visit with their wards monthly and submit reports that are reviewed by the court, advocates say.
“Every alternative must be explored before even thinking about taking away someone’s civil rights,” Kafka said.
Source:
Advocates Push for Reform of Adult Guardianship System in Texas
LISTEN and WATCH the archive of the Sunset Advisory Commission. Note: fast forward to 9:27.00
The Legal Handbook for Tennessee Seniors, 2014 Edition
The TBA Public Education Committee has updated The Legal Handbook for Tennessee Seniors for 2014. The updated Handbook contains practical information on a wide range of topics, including issues such as applying for Social Security benefits, long-term care considerations and estate planning, as well as completely new sections addressing online security and new health care legislation.
An updated list of resources relevant for Tennessee Seniors is also included. Copies are available for download or by printed form.
Source:
2014 Legal Handbook for Tennessee Seniors
Tennessee State Senator Wants Judicial Discipline Panel to Investigate Nashville Judges
The Oak Ridge Republican said he was inspired to send a letter to the BJC by newspaper reports of General Sessions Judge Casey Moreland moving to promptly release Nashville contractor David Chase when Chase was charged with assaulting his girlfriend, whereupon Chase returned to the woman’s home and brutally beat her again, authorities allege.
Current state law allows a judge to order someone charged with domestic violence to spend 12 hours in jail as a “cooling off” period before release. But Moreland waived the requirement at the request of Chase’s attorney, Brian Lewis. Another judge, Night Commissioner Thomas Nelson, waived the 12-hour rule after Chase’s second arrest.
The Tennessean reported that Lewis and his wife had donated $3,000 to Moreland’s re-election campaign last November. Moreland also told the newspaper the two were close friends and had vacationed together.
Full Article and Source:
Senator Wants Judicial Discipline Panel to Investigate Nashville Judges
Illinois Courts Commission Asked to Discipline LaSalle County Judge Joe Hettel
The Illinois Courts Commission is being asked to discipline LaSalle County Judge Joe Hettel. A complaint filed by the Judicial Inquiry Board says a judge should live up to a high standard of conduct and always conduct himself so the public respects the judiciary.
Hettel pled guilty on May 21 to driving drunk on March 31 when he crashed into a parked car that got pushed into a utility pole in Ottawa. He was fined $2,000, put on court supervision for two years, and ordered to perform 100 hours of community service.
After his court case, he said he failed to set a good example as a father, a judge, and a coach. Friday, he said he admits the allegations in the Judicial Inquiry Board’s complaint and he hopes to have his case heard soon before the Illinois Courts Commission.
The commission can simply reprimand a judge, suspended a judge without pay, or even remove a judge from office.
Source:
Illinois Courts Commission Asked to Discipline LaSalle County Judge
Hettel pled guilty on May 21 to driving drunk on March 31 when he crashed into a parked car that got pushed into a utility pole in Ottawa. He was fined $2,000, put on court supervision for two years, and ordered to perform 100 hours of community service.
After his court case, he said he failed to set a good example as a father, a judge, and a coach. Friday, he said he admits the allegations in the Judicial Inquiry Board’s complaint and he hopes to have his case heard soon before the Illinois Courts Commission.
The commission can simply reprimand a judge, suspended a judge without pay, or even remove a judge from office.
Source:
Illinois Courts Commission Asked to Discipline LaSalle County Judge
Wednesday, June 25, 2014
Guardian Sues State Claiming APS Caseworker Enabled Ex-Convict to Financially Exploit Ward
The guardian of a Battle Ground woman has sued the state for nearly $500,000, claiming that an Adult Protective Services caseworker enabled an ex-convict to financially exploit the woman.
Max Horn, a caseworker with Adult Protective Services, initiated an investigation in May 2011 into a report that then-81-year-old Jacqueline Grey could no longer take care of herself. Horn found that Grey was unable to care for herself and met the legal definition of a vulnerable adult.
The following month, Horn assisted Grey in completing a Medicaid application and arranged to have Grey moved from her home in Battle Ground to an assisted living community in the same town. Horn also arranged for M. Charlene White, the girlfriend of Grey's son, to take control of Grey's finances under a durable power of attorney, the lawsuit claims.
Horn allegedly knew that White recently had been released from prison but failed to investigate details of White's background, which would have revealed that White had been convicted in 2007 of six counts of securities fraud in King County. White was sentenced to 43 months in prison and ordered to pay $1.5 million in restitution, according to court records.
Over the course of several months, White allegedly stole more than $117,000 from Grey, the lawsuit states.
"When the family discovered Ms. White had used that power of attorney to financially exploit Jackie, they then petitioned to have Beagle, Burke & Associates (of Washington) appointed as her guardian," said attorney Larry Wagner, whose firm is handling the lawsuit. "BBA did an extensive investigation and determined the extent of the financial exploitation."
The lawsuit seeks compensation for the stolen money, attorney's fees of $72,859 related to Grey's guardianship case and non-economic damages of at least $300,000. It was filed Friday in Clark County Superior Court by Baumgartner, Nelson & Wagner of Vancouver. A spokesperson with the state Department of Social and Health Services was not immediately available Wednesday for comment on the lawsuit.
White, 58, has been charged with first-degree theft, second-degree theft, first-degree attempted theft, attempted money laundering and attempted false statement or fraud regarding medical assistance in connection with the alleged thefts. Her trial is scheduled for Jan. 12.
Prosecutors accuse White of stealing more than $125,000 from Grey. That amount is greater than what was identified in the lawsuit.
Full Article and Source:
Lawsuit: State Enabled Ex-Con to Steal from Battle Ground Woman
The following month, Horn assisted Grey in completing a Medicaid application and arranged to have Grey moved from her home in Battle Ground to an assisted living community in the same town. Horn also arranged for M. Charlene White, the girlfriend of Grey's son, to take control of Grey's finances under a durable power of attorney, the lawsuit claims.
Horn allegedly knew that White recently had been released from prison but failed to investigate details of White's background, which would have revealed that White had been convicted in 2007 of six counts of securities fraud in King County. White was sentenced to 43 months in prison and ordered to pay $1.5 million in restitution, according to court records.
Over the course of several months, White allegedly stole more than $117,000 from Grey, the lawsuit states.
"When the family discovered Ms. White had used that power of attorney to financially exploit Jackie, they then petitioned to have Beagle, Burke & Associates (of Washington) appointed as her guardian," said attorney Larry Wagner, whose firm is handling the lawsuit. "BBA did an extensive investigation and determined the extent of the financial exploitation."
The lawsuit seeks compensation for the stolen money, attorney's fees of $72,859 related to Grey's guardianship case and non-economic damages of at least $300,000. It was filed Friday in Clark County Superior Court by Baumgartner, Nelson & Wagner of Vancouver. A spokesperson with the state Department of Social and Health Services was not immediately available Wednesday for comment on the lawsuit.
White, 58, has been charged with first-degree theft, second-degree theft, first-degree attempted theft, attempted money laundering and attempted false statement or fraud regarding medical assistance in connection with the alleged thefts. Her trial is scheduled for Jan. 12.
Prosecutors accuse White of stealing more than $125,000 from Grey. That amount is greater than what was identified in the lawsuit.
Full Article and Source:
Lawsuit: State Enabled Ex-Con to Steal from Battle Ground Woman
NJ is sixth most expensive state for nursing home care, survey found
Pressure ulcers — also known as bed sores — are also significant problem, occurring among 8.1 percent of residents, compared with the national median rate of 5.9 percent. New Jersey ranked second-worst in this area, according to the survey, sponsored by AARP as well as the Commonwealth Fund and the SCAN Foundation, two organizations that promote home care.
In all, New Jersey ranked 26th because its problem areas were mitigated by nursing home practices and state policies that are working, according to the study, called the Long-Term Services and Supports Scorecard.
Among the other high points in the findings:
• The turnover rate of nursing home workers is the eighth lowest in the nation.
• Home-care costs are the sixth lowest.
• The percentage of long-term patients prescribed anti-psychotic medication is 16.1 percent, the nation’s fourth lowest.
"What we are finding in this report is it does matter where you live," said Evelyn Liebman, the associate director of AARP.
Addressing the problem of bed sores, Liebman said: "This should raise alarm bells for everyone. … It could be we don’t have enough certified nursing assistants."
Full Article and Source:
NJ is sixth most expensive state for nursing home care, survey found
Tuesday, June 24, 2014
Ohio Resident Fights Guardian's Decision to Move Him - and Wins!
The Ombudsman received a phone call from a man who knows the Ombudsman from our regular visits to the nursing home where he resides. He called as a result of his court appointed guardian making the decision to move him from his home to a different nursing home. The man shared that he has friends at the nursing home and these relationships are meaningful to him. He also expressed that the nursing home staff know him and he feels safe with them providing his care.
The guardian had made arrangements for his move without ever visiting him or discussing the matter with him. The right to determine, to our best ability, where we live and with whom we are friends is fundamental. The man asked the Ombudsman to help him remain in his home.
During a meeting with the Ombudsman the man stated that at one time he was quite ill and needed to have someone make decisions on his behalf, however, he has recovered his health and his ability to make decisions and doesn’t believe that he needs a guardian anymore. The Ombudsman informed the man that he could request a re-evaluation of his guardianship status by the county probate court where he was adjudicated incompetent and appointed the guardian. The Ombudsman also shared that the guardian, per the county guardianship handbook, should allow him to participate in decisions if capable.
The man decided that he wanted to address the situation directly with the county probate court. He dictated a letter to the social worker of the nursing home with the Ombudsman present. The man provided specific reasons as to why he did not agree with the action the guardian was taking and that the guardian did not include him in the decision-making process. He also requested the court to re-evaluate his competency and his future need for a guardian.
Prior to the hearing a psychiatrist with the nursing home visited the man for an evaluation and determined he no longer needed a guardian. The county probate court held a preliminary hearing with the man and the guardian present. The guardian then understood that the client did not want to move. The magistrate decided the man would remain in his current home while a decision about the competency was made. The county probate court magistrate also ordered a competency evaluation and scheduled a hearing date.
The Ombudsman and staff from the nursing home attended the hearing with the man. The final outcome was that the guardianship was terminated.
Source:
Resident Fights Guardian's Decision to Move Him
The guardian had made arrangements for his move without ever visiting him or discussing the matter with him. The right to determine, to our best ability, where we live and with whom we are friends is fundamental. The man asked the Ombudsman to help him remain in his home.
During a meeting with the Ombudsman the man stated that at one time he was quite ill and needed to have someone make decisions on his behalf, however, he has recovered his health and his ability to make decisions and doesn’t believe that he needs a guardian anymore. The Ombudsman informed the man that he could request a re-evaluation of his guardianship status by the county probate court where he was adjudicated incompetent and appointed the guardian. The Ombudsman also shared that the guardian, per the county guardianship handbook, should allow him to participate in decisions if capable.
Prior to the hearing a psychiatrist with the nursing home visited the man for an evaluation and determined he no longer needed a guardian. The county probate court held a preliminary hearing with the man and the guardian present. The guardian then understood that the client did not want to move. The magistrate decided the man would remain in his current home while a decision about the competency was made. The county probate court magistrate also ordered a competency evaluation and scheduled a hearing date.
The Ombudsman and staff from the nursing home attended the hearing with the man. The final outcome was that the guardianship was terminated.
Source:
Resident Fights Guardian's Decision to Move Him
Actor Clint Eastwood's Retirement Planning Advice
At 84, Clint Eastwood isn't sitting on his laurels, taking naps and complaining about his Social Security. He's still in the game and an inspiration for anybody worried about growing old.
This week, ahead of the release of his latest movie, "Jersey Boys," he offered The Associated Press this retirement planning advice: "If you tell yourself, 'I'm too old to do that,' bulls---, you're not too old to do anything."
Age has made him a better director, Eastwood says. "You have more experience as you get older. You have more to draw on, as long as you don't lose your faculties. You can play on that if you're lucky enough genetically or you take good enough care of yourself, or a combination of the two. You can go ahead and experiment with things. There's so many different stories to tell out there. You can be 21 or 81."
The next time you're feeling like you're on the downward slide, let this wisdom attributed to Eastwood make your day: “I'd like to be a bigger and more knowledgeable person 10 years from now than I am today. I think that, for all of us, as we grow older, we must discipline ourselves to continue expanding, broadening, learning, keeping our minds active and open.”
Or better yet, think about Eastwood's advice to the young cop in the 1990 film "The Rookie": "If you want a guarantee, buy a toaster."
Full Article and Source:
Clint Eastwood Makes My Day
This week, ahead of the release of his latest movie, "Jersey Boys," he offered The Associated Press this retirement planning advice: "If you tell yourself, 'I'm too old to do that,' bulls---, you're not too old to do anything."
Age has made him a better director, Eastwood says. "You have more experience as you get older. You have more to draw on, as long as you don't lose your faculties. You can play on that if you're lucky enough genetically or you take good enough care of yourself, or a combination of the two. You can go ahead and experiment with things. There's so many different stories to tell out there. You can be 21 or 81."
The next time you're feeling like you're on the downward slide, let this wisdom attributed to Eastwood make your day: “I'd like to be a bigger and more knowledgeable person 10 years from now than I am today. I think that, for all of us, as we grow older, we must discipline ourselves to continue expanding, broadening, learning, keeping our minds active and open.”
Or better yet, think about Eastwood's advice to the young cop in the 1990 film "The Rookie": "If you want a guarantee, buy a toaster."
Full Article and Source:
Clint Eastwood Makes My Day
Deputies: Couple Sought After Defrauding 80-Year-Old Woman, Late Husband
A St. Johns County couple is being sought on charges of exploitation of the elderly or disabled and organized scheming to defraud.
Teresa and Robert Oakes, 54 and 55 respectively, haven't been seen since their vacation ended last week.
The suspects are accused of depriving a Teresa Oakes' 87-year old mother and her late husband of their life savings over the last six years.
The investigation began on Jan. 28 when Teresa Oakes' mother discovered she was defrauded of her funds by her daughter and son-in-law whom she had trusted and called the St. Johns County Sheriff's Office, deputies said.
Financial Crimes Detective Henry Miller was assigned the case a few days later, and his lengthy investigation revealed that the suspects' had stolen all of the victims' assets and continued to exploit them once they had secured Power of Attorney, according to the Sheriff's Office.
The funds the couple is accused of stealing are over $282,000, along with another $150,000 of property value since July 2008.
Deputies said the suspects convinced the victims to jointly purchase a home with a guest house in Florida and move from New Jersey in 2008. The victims paid cash for their half while the suspects mortgaged the rest, deputies said.
They said the suspects also convinced the victims to withhold their name from the deed to avoid probate upon their death, and promised they could live at the home for the rest of their lives.
The suspects also convinced the victims to cash out all of their investments between 2009 and 2013 and entrust the funds with them to allegedly invest in a higher rate of return, deputies said.
At the time, the victims were unaware that the suspects were depositing the funds in their personal bank accounts and using those funds for their personal gain, deputies said. They said the suspects also convinced the victims to open a joint bank account with them and name them (the suspects) as Power of Attorney.
Full Article and Source:
Deputies: Couple Sought After Defrauding 80-Year-Old Woman, Late Husband
The suspects are accused of depriving a Teresa Oakes' 87-year old mother and her late husband of their life savings over the last six years.
The investigation began on Jan. 28 when Teresa Oakes' mother discovered she was defrauded of her funds by her daughter and son-in-law whom she had trusted and called the St. Johns County Sheriff's Office, deputies said.
Financial Crimes Detective Henry Miller was assigned the case a few days later, and his lengthy investigation revealed that the suspects' had stolen all of the victims' assets and continued to exploit them once they had secured Power of Attorney, according to the Sheriff's Office.
The funds the couple is accused of stealing are over $282,000, along with another $150,000 of property value since July 2008.
Deputies said the suspects convinced the victims to jointly purchase a home with a guest house in Florida and move from New Jersey in 2008. The victims paid cash for their half while the suspects mortgaged the rest, deputies said.
They said the suspects also convinced the victims to withhold their name from the deed to avoid probate upon their death, and promised they could live at the home for the rest of their lives.
The suspects also convinced the victims to cash out all of their investments between 2009 and 2013 and entrust the funds with them to allegedly invest in a higher rate of return, deputies said.
At the time, the victims were unaware that the suspects were depositing the funds in their personal bank accounts and using those funds for their personal gain, deputies said. They said the suspects also convinced the victims to open a joint bank account with them and name them (the suspects) as Power of Attorney.
Full Article and Source:
Deputies: Couple Sought After Defrauding 80-Year-Old Woman, Late Husband
Monday, June 23, 2014
Linda Kincaid Reports: Assisted Living Trade Association Opposes AB271 to Curb Elder Abuse
Elder advocates strongly support the Bill of Rights to clarify that residents have the right to visitation, phone calls, and mail.
Senate Judiciary Committee
Assisted living facilities and their trade association strongly oppose the Bill of Rights.
The California Assisted Living Association (CALA) is the only association solely representing Assisted Living providers throughout the state.
CALA represents over 460 Assisted Living communities and more than 100 associated businesses.CALA’s website ignores that rights of residents are often violated by their member facilities.
This Examiner covered stories of residents imprisoned and unlawfully isolated for years in assisted living facilities. Those residents may be subject to many other forms of abuse while denied contact with loved ones.
- In San Bernardino County, Jean Swope was imprisoned and isolated for over a year.
- In Santa Clara County, Gisela Riordan was imprisoned and isolated for over two years.
- In Monterey County, Margarita Zelada has been imprisoned and isolated since March 2013.
AB 2171 is a bill that only serves to promote frivolous lawsuits and pad the pockets of lawyers. This bill barely passed the Assembly Floor with 42 votes (20 “no” and 17 “not voting” or “abstained”) and will soon be heard in the Senate. This trial lawyer bill is also supported by labor. CALA and a growing coalition of opponents are working aggressively to defeat this blatant attempt to set Assisted Living up as a lawsuit generator. Thank you to all CALA members who contacted their Assemblymember urging a “NO” vote! Your help will be needed again as the bill moves through the Senate.Full Article and Source:
Living Trade Association Opposes AB271 to Curb Elder Abuse
Pennsylvania District Judge Kelly Ballentine Suspended From Practicing as an Attorney, But Continues to Sit on the Bench
Lancaster city District Judge Kelly Ballentine has been suspended from practicing as an attorney for a year, according to the Disciplinary Board of the state Supreme Court.
Ballentine’s suspension goes into effect July 16, according to the board.
She will continue to serve as district judge, according to Lancaster County President Judge Joseph Madenspacher.
"There is no requirement that a (district judge) be an attorney," Madenspacher said Wednesday afternoon.
Last year, the state Court of Judicial Discipline retroactively suspended Ballentine for 16 months — from 2012 to 2013 — for dismissing her own traffic violations.
She returned to the bench in June 2013, on “probation” through the end of 2014.
Full Article and Source:
Lancaster City District Judge Kelly Ballentine Suspended From Practicing As an Attorney
See Also:
Suspended PA District Judge Kelly Ballentine Must Pay Back Part of Her Salary
Ballentine’s suspension goes into effect July 16, according to the board.
"There is no requirement that a (district judge) be an attorney," Madenspacher said Wednesday afternoon.
Last year, the state Court of Judicial Discipline retroactively suspended Ballentine for 16 months — from 2012 to 2013 — for dismissing her own traffic violations.
She returned to the bench in June 2013, on “probation” through the end of 2014.
Full Article and Source:
Lancaster City District Judge Kelly Ballentine Suspended From Practicing As an Attorney
See Also:
Suspended PA District Judge Kelly Ballentine Must Pay Back Part of Her Salary
Minnesota Woman Sentenced for Exploiting Mom
Virginia Lehnertz, 76, entered a guilty plea on April 9 to a single felony count of financial exploitation of a vulnerable adult. On Friday, Winona District Court Judge Mary Leahy placed her on five years of probation and ordered her to pay $3,945 in restitution....
Source:
Rollingstone Woman Sentenced for Exploiting Mom
Sunday, June 22, 2014
Tonight on T.S. Radio: We are Commodities: The Trafficking of Children, the Disabled, and the Elderly
This evening we will be talking about the systems of abuse employed by CPS and APS, and how the courts are instrumental in the kidnapping and redistribution of our children, the disabled and the elderly, all for profit.
Joining us from Texas will be Joni Saloom, whose son was taken from her as the result of a court proceeding that she was not notified was taking place.
“Joni didn’t learn, until months later by accident, that on Monday, May 07, 2012, Associate Judge Conrad Moren and Judge Lisa Millard switched “primary managing conservatorship” from Joni to Child’s adjudicated father without notice, without a hearing, and without a chance to present evidence or be represented by an attorney.
Her son calls someone else “Mommy” and took classes on how to “grieve for the loss of his [real] ‘Mommy.’
This is standard fair in these kangaroo, family and probate courts.
These types of activities take place every day across America as our children are bought, sold and traded for money by state agencies.
This is human trafficking. Just because an agency, an attorney or a bogus “court” is involved, makes it no less the crime that it is.
We are commodities.
Please feel free to call in with your comments or questions.
Callin # 917-388-4520
5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 9:00 pm EST
LISTEN LIVE or listen to the archive later
Florida Governor Rick Scott Signs Bill Giving Clerks More Power to Fight Guardianship Fraud
Source:
Scott Signs Bill Giving Clerks More Power to Fight Guardianship Fraud
See Also:
Palm Beach County Guardianship Fraud Hotline
Hospice, Inc.
Evelyn Maples’ last day as a hospice patient wasn’t anything like her family imagined when the nurse from Vitas Healthcare first pitched the service two months before.
On the morning of Dec. 31, 2011, Maples’ daughter, Kathleen Spry, found her mom unconscious and gasping for breath, with her eyes rolled back in her head. Maples was at a Vitas inpatient facility on Merritt Island, 30 miles from the home the two women shared on Florida’s east coast. No one from Vitas had called to warn the family that the woman everyone called “granny” was in sharp decline, Spry said. No one from Vitas had sought treatment for the blood infection that had made her severely ill, despite the family’s standing request that she receive life-saving care in the event of a crisis.
Frantic and near tears, Spry called her son, David Dunn, who demanded an ambulance. Maples was taken to a nearby hospital, where she recovered from the infection. But her fragile health was permanently compromised, her family claims. She died a month later.
But Maples’ family claims she never belonged on hospice, and that she was recruited for the purpose of inflating the company’s Medicare billings.
Hospices exist to provide comfort to people who doctors determine are at the end of their lives, with six months or less to live. The paramount objective, according to the National Hospice and Palliative Care Organization, a trade association, is to make patients comfortable, with a focus "on enhancing the quality of remaining life."
In a complaint letter to the Florida attorney general, Dunn alleges the company enrolled his grandmother “for the sake of billing the government for payment for their own financial gain.” The company misled the family about the purpose of hospice — emphasizing benefits such as at-home nursing care and free medications, without explaining that hospices don’t provide curative treatments, according to Dunn. Once enrolled, Dunn alleges, Vitas gave Maples a powerful cocktail of drugs against the family’s wishes, and repeatedly bumped her up to the most intrusive and expensive levels of care.
The final straw was the apparent confusion over Maples’ “full code” status. It’s a designation rarely seen in hospice, because it means the family wants the kind of life-saving treatment that hospices don’t provide.
Full Article and Source:
Hospice, Inc
See Also:
Hospice Patients Alliance
Frantic and near tears, Spry called her son, David Dunn, who demanded an ambulance. Maples was taken to a nearby hospital, where she recovered from the infection. But her fragile health was permanently compromised, her family claims. She died a month later.
But Maples’ family claims she never belonged on hospice, and that she was recruited for the purpose of inflating the company’s Medicare billings.
In a complaint letter to the Florida attorney general, Dunn alleges the company enrolled his grandmother “for the sake of billing the government for payment for their own financial gain.” The company misled the family about the purpose of hospice — emphasizing benefits such as at-home nursing care and free medications, without explaining that hospices don’t provide curative treatments, according to Dunn. Once enrolled, Dunn alleges, Vitas gave Maples a powerful cocktail of drugs against the family’s wishes, and repeatedly bumped her up to the most intrusive and expensive levels of care.
The final straw was the apparent confusion over Maples’ “full code” status. It’s a designation rarely seen in hospice, because it means the family wants the kind of life-saving treatment that hospices don’t provide.
Full Article and Source:
Hospice, Inc
See Also:
Hospice Patients Alliance
New Hampshire Governor Signs Law to Strengthen Financial Exploitation Penalties
"Fully including all Granite Staters in our communities means standing up for the most vulnerable among us," Hassan said.
Hassan said society has a responsibility to ensure people's rights are not violated as they age or because they are impaired.
State Reps. Katherine Rogers, Concord, and Al Baldasaro, R-Londonderry, shepherded the bill through the Legislature. Rogers said the law sends a message that New Hampshire will not tolerate financial exploitation of the elderly.
The bill establishes clearer definitions of the crime of financial exploitation, which includes intentionally abusing the trust of an elderly or impaired adult to gain access to their money and assets.
The law, which takes effect Jan. 1, makes it a crime to use the person's money or assets for personal gain rather than to provide them with food, clothing, shelter and other care.
The law, which takes effect Jan. 1, makes it a crime to use the person's money or assets for personal gain rather than to provide them with food, clothing, shelter and other care.
State and local law enforcement agencies would have the power to investigate complaints.
Penalties range from a misdemeanor to a felony depending on the amount of money diverted for personal use. The law also requires anyone convicted under the statute to make restitution.
Full Article and Source:
Law Strengthens Financial Exploitation Penalties
Law Strengthens Financial Exploitation Penalties
Mother, Hospital in Fight for Control of Teen's Treatments
A Kansas City area mother and a Chicago hospital are in a legal fight over her 16-year-old son's medical treatments.A custody hearing scheduled for Wednesday was postponed.
Michelle Rider says she is just a worried mother trying to do the best for her son but the Lurie Children's Hospital has accused her of purposefully sickening her son. As a result, the two sides are embroiled in the custody dispute.
Isaiah Rider, turns 17 in August. His grandmother, Judy Rider, calls the last two months "a nightmare" with her grandson in a foster home.
"They accused her of medical abuse and a disease called Munchausen," said Judy Rider about the allegations that the hospital has made against Isaiah's mother.
Munchausen is Munchausen by proxy syndrome, a rare form of child abuse in which a caregiver exaggerates or fabricates a child's symptoms in order to get attention and sympathy. In some cases, the loved one may purposefully sicken or injure a child so that they get treatment or be hospitalized.
Lurie Hospital said confidentiality rules prevented them from commenting.
Michelle Rider says Isaiah has multiple diagnoses which are undisputed, including something called neurofibromatosis, which he was diagnosed with at the age of 5.
"It's a genetic condition and it causes tumors on the nerves," explained Michelle Rider.
She suspects that is what created difficulties after he broke his leg a year later. He slipped on a gym floor. His grandmother says the break never healed. The bones wouldn't grow. His right leg far outpaced the growth in his left. Between 2003 and 2012, Michelle Rider says, Isaiah had a total of seven surgeries on his leg. The final one was an amputation, and soon after he started getting painful leg convulsions.
"It's like a seizure of the limb lasting two hours, causing him severe pain," said Michelle Rider.
Source:
Mother, Hospital in Fight for Control of Teen's Treatments
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