Complaints against judges across the state are rising, but the Nevada Commission on Judicial Discipline is having a tough time keeping up.
Executive Director Paul Deyhle said the commission lacks modern-day resources, manpower and in some instances authority to handle the growing caseload.
The backlog is the result of years of being underfunded and ignored within state government, he said.
This past year, the seven-member commission spend $183,000 — more than three-quarters of its budget — pursuing a single disciplinary action against former Family Court Judge Steven Jones, who fought the panel every step of the way.
For its efforts, the commission ended up giving Jones a three-month suspension without pay over his mishandling of a romantic relationship with a prosecutor who appeared before him.
It took the federal government to get Jones off the bench. He resigned in September as part of a deal with federal prosecutors to plead guilty to a felony in a decade-long $2.6 million investment scheme.
Deyhle has big plans to get the struggling commission what it needs to go after errant judges like Jones in the future.
“We’re trying to bring the office back into the 21st century,” said Deyhle, who has been at its helm since November 2013. “Not much has been done for the commission in many, many years. It’s time.”
Full Article and Source:
Judicial Discipline Commission Hopes to Add Staff as Caseload Grows
Saturday, January 3, 2015
Guardianship bill needed
This should be top item on Ohio legislature’s new-year agenda
A bill that would have accomplished this was left for dead by the lame-duck legislature earlier this month. The anti-abortion lobby seized on a ward’s “Bill of Rights,” whose provisions included a privacy-of-the body clause, as an opening for young girls to demand abortions. That’s a real stretch, given that the majority of Ohio’s 65,000 court-appointed wards are elderly, but the bill ran out of time to iron out the totally unexpected opposition.
House Bill 624 would have codified appropriate legal guidelines for guardians who are entrusted with making personal, financial and medical decisions in their ward’s best interests.
The crying need for this was demonstrated a week ago in a Franklin County probate courtroom, where two wards’ families accused attorney Paul S. Kormanik of looting their loved ones of valuable belongings, family heirlooms and cash.
They became suspicious after reading a Dispatch series, “Unguarded,” that detailed the lack of oversight of unscrupulous guardians by probate courts that are either negligent or complicit.
The newspaper detailed stories of wards stripped of everything: their freedom, homes, treasured belongings and dignity. Meanwhile, some attorney guardians siphoned accounts by charging high legal fees for ordinary work, or they hired their families and paid them from the wards’ accounts.
Among the worst, according to Franklin County Prosecutor Ron O’Brien, is Kormanik. At one time, he boasted his 400 wards probably made him the biggest guardian in the nation. Today, he faces two felony theft charges that could send him to prison for 4½ years.
Those criminal charges are unrelated to the probate court claims heard last week. If substantiated, O’Brien should pursue additional charges. Each and every victim deserves justice.
Likewise, the allegations raise concerns as to whether tax fraud was involved. Prosecutors should update the IRS, which has a talented pool of investigators who can root out financial misdeeds.
According to the probate-court testimony, more than $55,000 and valuable furnishings are unaccounted for from the Bexley home of a 91-year-old woman.
An elderly Galloway man’s home was missing at least 49 items, a daughter told the court. But one item did turn up: A riding mower is at the home of Kormanik’s paralegal, Julie Whisner. Her family has been using it for the past year. After initially refusing to return it, they’d agreed to — for a $120 delivery fee.
The family still hasn’t gotten the mower back.
Kormanik, who has since resigned or, in other cases, been removed from managing the affairs of his wards, invoked his Fifth Amendment privilege and declined to answer questions in court.
“This has been nothing but a nightmare,” said Linda Gomez, the daughter of the Bexley woman.
Ohio’s broken guardianship system demands repair. People are suffering.
State Rep. Dorothy Pelanda, R-Marysville, who co-wrote the guardianship bill with Sen. Shannon Jones, R-Springboro, vowed to reintroduce the bill with clearer requirements in the new session.
Lawmakers should take up this bill immediately and pass these protections.
Full Article & Source:
Guardianship bill needed
Santa Monica Seniors Receive Gifts Thanks To Local Community
Some of the presents that were given to Santa Monica seniors. |
Staff at the Home Instead Senior Care office in Santa Monica would like to thank everyone who helped with their “Be a Santa to a Senior” program during December.
With support from generous shoppers, Santa Monica Curves, the Santa Monica YWCA, and The Cypress Center, the program was able to collect more than 50 gifts for local seniors who otherwise might have been overlooked during the holiday season.
“Thanks to all those who helped us brighten the holidays for our local seniors and truly making a difference in our community,” said Chita Henning of Home Instead Senior Care.
Full Article & Source:
Santa Monica Seniors Receive Gifts Thanks To Local Community
Friday, January 2, 2015
Newlywed Man, 95, Dies After Wife Taken Away
A 95-year-old newlywed Virginia man has died just weeks after his 96-year-old wife was taken away by family members to Florida.
Another of Hill's daughters, Patricia Barber, contested the marriage, saying it would complicate the eventual distribution of Hill's estate. But Hill and Harrison said they wanted to stay together.
Eddie Harrison died Tuesday in a hospital after suffering from influenza, said Rebecca Wright, who was caring for the couple in their Alexandria, Virginia, home. Harrison became distressed after his wife and longtime companion, 96-year-old Edith Hill, was taken away, Wright said. Wright is Hill's daughter.
"He lived for her, and she lived for him. It's the love story of the century," Wright said, recalling how they would dance, take walks and care for each other.
Harrison and Hill's marriage this year after 10 years of companionship was disputed in court. Their wedding was problematic because Hill has been declared legally incapacitated for several years.
Another of Hill's daughters, Patricia Barber, contested the marriage, saying it would complicate the eventual distribution of Hill's estate. But Hill and Harrison said they wanted to stay together.
A judge appointed a new guardian for Hill to protect her interests, removing Barber and Wright as guardians, but left the marriage intact.
On Dec. 6, Hill's guardian arrived to take Hill away to Barber's home in Florida for what was supposed to be a two-week vacation. Police were called to the home during a traumatic 40-minute negotiation to convince Hill to leave, Wright said.
When Hill did not return home as planned after two weeks, Harrison began to realize she was not coming back, Wright said. Daisy Birch, a family friend, said Harrison was heartbroken. He also became ill with the flu and checked himself into a hospital.
Full Article and Source:
Newlywed Man, 95, Dies After Wife Taken Away
Full Article and Source:
Newlywed Man, 95, Dies After Wife Taken Away
Judge Faces Ethics Hearing Over Gifting
A Tulare County judge is facing a hearing over allegations he accused his court clerk in an anonymous letter of an affair and gave her thousands of dollars worth of gifts in violation of judicial ethics.
The Commission on Judicial Performance said Monday it has instituted formal proceedings into the allegations against Tulare County Superior Court Judge Valeriano Saucedo.
The commission says evidence in the case will be presented at a hearing before the commission decides whether the charges have been proven. If it determines they have, punishment can range from privately disciplining the judge to removing him from office.
The commission’s 21-page notice of formal proceedings alleges that Saucedo, 63, paid thousands of dollars in cash to his clerk, paid for a trip to Disneyland for the family of the clerk’s sister, and offered to buy the clerk a BMW. The document cites a string of text messages in late 2013 between the judge and his clerk, who eventually told the judge she would ask to be transferred out of his courtroom. The clerk was married at the time of the text message exchanges.
Full Article and Source:
Tulare County Judge Faces Discipline Over Gift Allegations Involving Clerk
Read more here: http://www.fresnobee.com/2014/12/29/4306931_tulare-county-judge-faces-discipline.html?rh=1#storylink=cpy
The Commission on Judicial Performance said Monday it has instituted formal proceedings into the allegations against Tulare County Superior Court Judge Valeriano Saucedo.
The commission says evidence in the case will be presented at a hearing before the commission decides whether the charges have been proven. If it determines they have, punishment can range from privately disciplining the judge to removing him from office.
The commission’s 21-page notice of formal proceedings alleges that Saucedo, 63, paid thousands of dollars in cash to his clerk, paid for a trip to Disneyland for the family of the clerk’s sister, and offered to buy the clerk a BMW. The document cites a string of text messages in late 2013 between the judge and his clerk, who eventually told the judge she would ask to be transferred out of his courtroom. The clerk was married at the time of the text message exchanges.
Full Article and Source:
Tulare County Judge Faces Discipline Over Gift Allegations Involving Clerk
Read more here: http://www.fresnobee.com/2014/12/29/4306931_tulare-county-judge-faces-discipline.html?rh=1#storylink=cpy
Florida Man Charged With Exploiting Elderly Father
A 51-year-old man has been charged with stealing money from his father, whom he had Power of Attorney.
Hernando County detectives say on or around Sept. 22, they received a notification from the Department of Children and Families that 86-year-old Joseph Prizzi was currently residing in an assisted living facility in the county and his son, Andrew Prizzi, was not paying his bills.
An investigation revealed that Joseph had suffered a fall in the home in early May and was admitted to the hospital at that time.
Andrew indicated to a detective that his father's social security and retirement benefits are deposited into a SunTrust bank account in both of their names, however, Andrew does not contribute to the account. Andrew said that "his father's money is just sitting there."
Detectives then subpoenaed for the bank statements after Andrew refused to hand over any copies.
The statements showed several withdrawals totaling $18,698.26 were made from the account after Joseph was admitted to the hospital.
No payments were made to the assisted living facility or to any of Joseph's physicians. All transactions listed were of no benefit to Joseph. The withdrawal slips on all transactions were signed by Andrew Prizzi.
Andrew Prizzi had a fiduciary duty to act in his father's best interest, including handling Joseph's finances in a responsible manner.
Full Article and Source:
Man Charged With Exploiting Elderly Father
Hernando County detectives say on or around Sept. 22, they received a notification from the Department of Children and Families that 86-year-old Joseph Prizzi was currently residing in an assisted living facility in the county and his son, Andrew Prizzi, was not paying his bills.
An investigation revealed that Joseph had suffered a fall in the home in early May and was admitted to the hospital at that time.
Andrew indicated to a detective that his father's social security and retirement benefits are deposited into a SunTrust bank account in both of their names, however, Andrew does not contribute to the account. Andrew said that "his father's money is just sitting there."
Detectives then subpoenaed for the bank statements after Andrew refused to hand over any copies.
The statements showed several withdrawals totaling $18,698.26 were made from the account after Joseph was admitted to the hospital.
No payments were made to the assisted living facility or to any of Joseph's physicians. All transactions listed were of no benefit to Joseph. The withdrawal slips on all transactions were signed by Andrew Prizzi.
Andrew Prizzi had a fiduciary duty to act in his father's best interest, including handling Joseph's finances in a responsible manner.
Full Article and Source:
Man Charged With Exploiting Elderly Father
Thursday, January 1, 2015
Happy New Year!
As this year passes to the next, we pause and reflect on a few of the highlights of 2014, of which there were too many
to cover in a short post.
And we extend our utmost appreciation to all of our members and social media friends who support NASGA and help us raise awareness of guardianship abuse. You are the energy that keeps us fueled; and we appreciate each and every one of you.
We have a lot of work to do this coming year; and we must remain focused and determined to get it done. Too many of our loved ones spent the holidays alone when they could have been home with their family or their family could have been with them wherever they are. We will only grow and stronger with the coming year and more determined to stop guardianship abuse, with your continued support and help!
And we extend our utmost appreciation to all of our members and social media friends who support NASGA and help us raise awareness of guardianship abuse. You are the energy that keeps us fueled; and we appreciate each and every one of you.
We have a lot of work to do this coming year; and we must remain focused and determined to get it done. Too many of our loved ones spent the holidays alone when they could have been home with their family or their family could have been with them wherever they are. We will only grow and stronger with the coming year and more determined to stop guardianship abuse, with your continued support and help!
2014 Year-End Reflection #1: Money Magazine's Naming of NASGA Director Sylvia Rudek as 2014 Money Hero
Sylvia's dedication to NASGA, its members and our cause, and the time she puts in – all volunteer – defines why she was chosen as a Money Hero. She is thoroughly committed to reform of unlawful and abusive guardianships and conservatorships nationwide so future generations will not suffer as did her family member and many elderly and disabled and their families suffer today. Stopping guardianship abuse has become her life's passion.
This year, she expanded her attention to legislation in her home state. Her efforts working with Illinois Representative David Harris (R) and also State Senator Steve Stadelman (D) on their legislative bills targeting guardianship abuse reform resulted in the introduction of one bill (HB5573) and the introduction and passing of another (SB1051); and she will continue to work with both lawmakers in 2015.
Sylvia's award also brought national recognition to NASGA and awareness to the subject of guardianship abuse. Money Magazine came to NASGA; we did not seek them out. Their choice of an advocate for guardianship abuse reform as a Money Hero is a direct statement that guardianship abuse is on the radar of this esteemed national magazine and that Money Magazine recognizes guardianship abuse as threat to the health and wealth of our elderly.
NASGA is honored that Sylvia Rudek has been recognized for her hard work and her never-ending efforts on behalf of victims and families of guardianship abuse. She is a true leader, a champion for our cause and an inspiration for all advocates!
NASGA extends its sincere gratitude to Wells Fargo for sponsoring MONEY HEROS and for the special congratulatory kit they sent to Sylvia (pictured with her above, and including the letter posted above) as a forever remembrance of this special honor.
2014 Year-End Reflection #2: Joe Roubicek's New Booklet on Guardianship Abuse
So often when victims tell their story, they are not believed either in part or completely.
Guardianship abuse is a reality that is often seemingly so outrageous, it could not happen in America, the land of the free and home of the brave. Those who have not heard of guardianship abuse or have not experienced it directly, often have a hard time understanding or wrapping their minds around it.
Joe Roubicek gave advocates a valuable awareness tool this year: "Guardian Angels, inc.: The Vile Business of Corrupt Guardianship" - a forty page expose' of present-day corruption within the guardianship industry, that focuses on isolation, medication and disposing of the elderly for their estates.
The booklet is a concise, thought-provoking piece authored by a seasoned investigator of financial exploitation of the elderly crimes.
NASGA suggests all advocates have one of Joe's books on hand, especially when they are speaking to media or their local elected representatives about their case or our cause.
Thanks, Joe!
Available through Amazon
Guardianship abuse is a reality that is often seemingly so outrageous, it could not happen in America, the land of the free and home of the brave. Those who have not heard of guardianship abuse or have not experienced it directly, often have a hard time understanding or wrapping their minds around it.
Joe Roubicek gave advocates a valuable awareness tool this year: "Guardian Angels, inc.: The Vile Business of Corrupt Guardianship" - a forty page expose' of present-day corruption within the guardianship industry, that focuses on isolation, medication and disposing of the elderly for their estates.
The booklet is a concise, thought-provoking piece authored by a seasoned investigator of financial exploitation of the elderly crimes.
NASGA suggests all advocates have one of Joe's books on hand, especially when they are speaking to media or their local elected representatives about their case or our cause.
Thanks, Joe!
Available through Amazon
2014 Year-End Reflection #3: NASGA Member Ginger Franklin's Suit Against Her Former Conservator, Jeanan Mills Stuart
Jeanan Mills Stuart |
This lawsuit brings great hope of breaking down the immunity barrier which has insulated and protected many unscrupulous guardians from suit in the past.
See:
Celebrate! Judge Rules Public Guardian, Jeanan Mills Stuart, IS NOT Immune From Lawsuit
Former Public Guardian, Metro in Court Face-Off
2014 Year-End Reflection #4: Increasing Media Attention
We are very appreciative of the increasing media attention of guardianship
and conservatorship abuse, including the hard-hitting Columbus Dispatch expose,
Adam Walser’s ABC Action News I-Team’s continuing coverage (including
celebrating their award of the prestigious DuPont Award for their series),
individual reporters’ coverage of multiple cases in their respective states, a free-lance reporter whose goal is to do a story in every state;
and the resultant unscrupulous guardians exposed for theft or other elder
abuse.
We thank Marti Oakley for her passion for the cause and for her Internet talk radio shows on guardianship abuse: T.S. Radio. We likewise thank advocate Bev Cooper for her weekly Illinois cable show: North Shore "Live": Cooper's Corner.
We have teamed up with many new Social Media pages with whom we share posts:
Boomers Against Elder Abuse
Bendigo Banksters
Save Dorothy Wilson, Legally Kidnapped
Rescue Gary Harvey
GRADE (Guardianship Reform Advocates for the Disabled-Elderly
Elders Against Guardianship
Elder Advocates
Keep Marise Home With Family
Florida Guardianship Law Talking Points
Guardianship Laws
Archangels of Justice
Elder Abuse and Financial Exploitation Awareness
Arizona Probate Reform
And we appreciate every social media "like" and "share" because, together we get the word out farther and faster.
Thank you to the power of the press and everyone else who raises awareness of guardianship abuse.
We thank Marti Oakley for her passion for the cause and for her Internet talk radio shows on guardianship abuse: T.S. Radio. We likewise thank advocate Bev Cooper for her weekly Illinois cable show: North Shore "Live": Cooper's Corner.
We have teamed up with many new Social Media pages with whom we share posts:
Boomers Against Elder Abuse
Bendigo Banksters
Save Dorothy Wilson, Legally Kidnapped
Rescue Gary Harvey
GRADE (Guardianship Reform Advocates for the Disabled-Elderly
Elders Against Guardianship
Elder Advocates
Keep Marise Home With Family
Florida Guardianship Law Talking Points
Guardianship Laws
Archangels of Justice
Elder Abuse and Financial Exploitation Awareness
Arizona Probate Reform
And we appreciate every social media "like" and "share" because, together we get the word out farther and faster.
Thank you to the power of the press and everyone else who raises awareness of guardianship abuse.
2014 Year-End Reflection #5: Guardianship Task Forces
More states are stepping up and committing to special Task
Forces to investigate guardianship and court practices, and make suggestions
and plans for reform to the legislators and state government.
The newest to step up, create a Task Force, and submit a report is the State of Pennsylvania. Their report covered at least 130 suggestions, including volunteer monitoring programs, a Ward's Bill of Rights, and a state-wide database.
NASGA encourages all states to do the same, especially the "retirement" states where there is such a high concentration of elderly people.
See: Pennsylvania Creates Office to Protect Seniors
The newest to step up, create a Task Force, and submit a report is the State of Pennsylvania. Their report covered at least 130 suggestions, including volunteer monitoring programs, a Ward's Bill of Rights, and a state-wide database.
NASGA encourages all states to do the same, especially the "retirement" states where there is such a high concentration of elderly people.
See: Pennsylvania Creates Office to Protect Seniors
Wednesday, December 31, 2014
Happy New Year's Eve! 25 Life Lessons We Can All Use, From a 99-Year Old Very Wise Great Grandpa
When you need advice, you ask someone who knows best. When you need life advice, you go to someone who's seen it all. And who could be better than a great-grandfather with 99 years of life experience under his belt?
Recently, Pop Sugar's Macy Williams wrote about her nonagenarian great-grandfather, known in the family as "Grandpa Cheese," and his life lessons we can all apply. Williams calls him an "inspirational man."
Grandpa, whose real name is Andy Anderson, is chock full of advice. After all, he's had quite the incredible life. He never went to college, but ended up being the national dairy manager for grocery store chain Safeway. He also was married for nearly 70 years -- until his wife passed away. He said it was love at first sight.
He's looking forward to his 100th birthday next May, which he hopes to spend with his family (while enjoying some hot buttered rum and brie cheese, he tells us). "I feel pretty good about getting older. I may be 99, but I am still learning and experiencing new things everyday. You never stop learning. Age is not just a number, it's a badge of all my life experiences," he told Huff/Post50 in an email.
The most important thing he's learned? "Family is precious. Family is the most influential element of your life from the moment you're born until the moment you die. Your family shapes who you are as a person." Beautiful.
Here's Grandpa Cheese's full list of 25 life sessions, as told to PopSugar:
Recently, Pop Sugar's Macy Williams wrote about her nonagenarian great-grandfather, known in the family as "Grandpa Cheese," and his life lessons we can all apply. Williams calls him an "inspirational man."
Grandpa, whose real name is Andy Anderson, is chock full of advice. After all, he's had quite the incredible life. He never went to college, but ended up being the national dairy manager for grocery store chain Safeway. He also was married for nearly 70 years -- until his wife passed away. He said it was love at first sight.
He's looking forward to his 100th birthday next May, which he hopes to spend with his family (while enjoying some hot buttered rum and brie cheese, he tells us). "I feel pretty good about getting older. I may be 99, but I am still learning and experiencing new things everyday. You never stop learning. Age is not just a number, it's a badge of all my life experiences," he told Huff/Post50 in an email.
The most important thing he's learned? "Family is precious. Family is the most influential element of your life from the moment you're born until the moment you die. Your family shapes who you are as a person." Beautiful.
Here's Grandpa Cheese's full list of 25 life sessions, as told to PopSugar:
- Always maintain a good sense of humor.
- Never be too good to start at the bottom.
- Exercise every single day, even when you don't feel like it.
- Don't spend more money than you make.
- Drink orange juice every day.
- Love at first sight is not a fable.
- Having a bad job is better than having no job at all.
- Eat around the mold; don't go wasting food.
- Your family is the most precious thing you will ever have in life.
- Eat sausage every day — it worked for me.
- Your life is delicate, and if you neglect yourself, you'll spoil. That's what cheese taught me.
- Don't ever be afraid to be your true self.
- Everyone has too many clothes. Wear what you have and quit buying more.
- You must be able to forgive, even if it's difficult to do.
- Save your money now and spend it later.
- Love is not always easy; sometimes you have to work at it.
- Find something comical in every single situation.
- If you're faced with a problem, don't delay trying to figure it out. But if there's no way to figure it out, you have to forget about it.
- Make sure you're doing what you love; don't be afraid to follow those dreams you have for yourself.
- Education is important, but not necessary. Life can be an education in itself.
- Explore your world and stay curious.
- Try not to take yourself so seriously.
- My full name is William Bradford James Anderson, and my initials always remind me to ask myself, "Why be just anybody?"
- Have common sense. Think about the most reasonable answer to every situation. If you don't have common sense, you're a bust.
- Life is a gift that you must unwrap. It's up to you to determine if what's inside will lead you to happiness or dismay. You have the power to make that decision for yourself.
Full Article and Source:
25 Life Lessons We All Can Use, From a 99-Year-Old Very Wise Great Grandpa
Tuesday, December 30, 2014
Babette Bach: Improving guardianship
As the recent articles in the Herald-Tribune's series "The Kindness of Strangers -- Inside Elder Guardianship in Florida" point out, exploitation against our elderly is far too common. The worst cases start with some common factors covered by the Herald-Tribune's series: failing to notify the next of kin of proceedings, poor legal representation, poor guardian performance and misrepresentation of the facts.
Guardianship is a serious
proceeding that requires extensive fact gathering. Unfortunately, this
is legally intensive. To do a great job takes time, yet wasting of
assets on attorney and guardian fees is also a challenge. So there is a
tight rope of effective advocacy and its cost. Our guardianship system
has few resources for poor and indigent elders.
Solutions:
Lawmakers and elder care advocacy organizations are pursuing several
solutions. The Florida Joint Public Policy Task Force for the Elderly
and Disabled, The Academy of Florida Elder Law Attorneys and the Elder
Law Section of the Florida Bar have been instrumental in helping Rep.
Kathleen Passidomo (R-Naples) draft legislative reforms in House Bill 5,
which makes numerous improvements centered around the ward and sets
performance standards for guardians.
Better funding and more home-based social services are longer-term solutions.
Full Article & Source:
Babette Bach: Improving guardianship
AL woman pleads not guilty to exploitation charges
An Albert Lea woman pleaded not guilty Thursday to taking money from accounts of at least a half dozen people with disabilities at a local care provider and spending the dollars on marijuana and personal goods.
Stephanie Lynn Behrends, 28, was charged in Freeborn County
District Court with financial exploitation of a vulnerable adult and
with check forgery. Both are felonies. She gave her plea before Judge
Steven Schwab.
A jury trial has been scheduled for July 14, though her next court appearance comes in mid-March.
Behrends was a program coordinator at REM Woodvale in Albert
Lea at the time of the alleged misuse in 2011 and 2012. The facility
houses people with intellectual and physical disabilities.
Court documents state a program coordinator is in charge of
managing and keeping records of the residents’ finances. There was
reportedly more than $4,000 in missing and unaccounted for funds under
Behrends’ control.
The criminal complaint states staff at REM Woodvale began to
suspect Behrends was stealing funds from residents in the fall of 2011
when conducting monthly financial audits. There were numerous missing
receipts.
The complaint says administrators began reviewing the
financial records more in depth in May 2012 after a weekend staff member
discovered that all of the residents’ checkbooks, savings books,
ledgers and cash pouches were missing from a locked cupboard in an
apartment Behrends was assigned. The documents were in Behrends’ office.
Court records state upon further review administrators found
that Behrends had not made any entries in the residents’ ledgers since
several months prior and that the dates recorded for bank deposits and
withdrawals were often inconsistent with bank records.
Three residents had received overdraft notices, and Behrends
had reportedly written out numerous checks for cash, the court files
allege.
Administrators also found inconsistencies in some of the
purchases reported. For example, a Walmart receipt was submitted for one
resident for about $140. The receipt indicated purchases of tank tops,
crop tops, polo shirts and capri pants, though the resident wore only
sweatshirts and sweatpants, state the court files.
Full Article & Source:
Monday, December 29, 2014
Wards of indicted guardian are missing items, relatives say
Julie Crum just wants the couch, rocking chair and riding lawn mower back, because they belonged to her father before dementia and depression overtook him.
She’s fighting through Franklin County Probate Court to get them from a Columbus lawyer who was recently indicted and is accused of stealing $41,000 from people he was appointed by the court to protect.
Paul S. Kormanik was supposed to be their guardian. Guardians control nearly every aspect of the lives of people the courts call wards.
Crum’s family is one of at least two accusing Kormanik of stealing belongings, family heirlooms and cash from his wards.
The families became suspicious after they read the five-part Dispatch series “Unguarded,” which detailed a statewide probate system in which a lack of court oversight allows unscrupulous guardians to prey on people they swore to protect. The series is available online here.
Among the worst, according to prosecutors and criminal investigators, was Kormanik.
Franklin County Prosecutor Ron O’Brien said recently that Kormanik chose “to financially exploit Ohio’s vulnerable citizens.”
Kormanik had been responsible for the lives of nearly 400 people in central Ohio. He had amassed those wards through years of court appointments and a series of judges who were looking for easy answers to handle the increasing number of people who needed a guardian to make personal, medical and financial decisions for them.
Full Article & Source:
Wards of indicted guardian are missing items, relatives say
Costs for live-in health aides in Bergen and Passaic counties set to rise
It hasn’t been easy for Linda Leeder’s family to honor her 92-year-old father’s wish that he remain in his home, despite his advancing Alzheimer’s disease.
To raise money for the live-in aide he requires, his kids secured a reverse mortgage on the home he’s lived in for 55 years. The Franklin Lakes woman figures the financing arrangement will pay for three to four years of home care.
But hotly contested federal labor regulations taking effect Thursday could mean the aide who cares for Leeder’s father will have to be paid overtime for more of her working hours, instead of a flat daily rate.
“I think this will massacre the live-in industry,” said Lenny Verkhoglaz, principal owner of Executive Care, the Hackensack-based employer of the aide.
Verkhoglaz estimates that the cost of a round-the-clock live-in aide — about $67,000 a year — could increase by $10,000.
“Families won’t be able to afford the increases we’d have to charge,” said Verkhoglaz, who estimates that 80 percent of his clients in Bergen, Passaic and three other counties pay out of pocket, often exhausting life savings or home equity.
Worker groups and aging advocates contend that the federal government’s move to put such hourly and live-in aides on par with other protected employee groups will help build a more stable workforce. That, in turn, could lead to less turnover and burnout in a field that will need to expand with the aging of the baby boomer population — a generation more likely to demand home care over institutional care.
“If the business model of the home-care industry is so shaky that they can’t afford to pay people according to federal law, then I think that needs to be considered,” said Sarah Leberstein, staff attorney for the National Employment Law Project.
The group is one of several labor organizations that pressed the Obama administration for the new rules, which are the subject of a two-pronged legal challenge.
The debate over whether live-in home-care workers should be entitled to overtime pay for the hours they are not asleep or on a meal break has simmered for years. The controversy promises to stretch into another year, now that industry groups won a slight reprieve this week from a federal judge who struck down some of the changes scheduled for Thursday.
At issue is a 40-year-old provision of federal wage and overtime laws known as the “companionship exemption.”
The provision, enacted in 1974 amendments to the Fair Labor Standards Act, meant that live-in or hourly domestic workers who “provide fellowship, care and protection” to an elderly or infirm person were not entitled to the minimum wage and overtime protections that other domestic workers had.
For nearly a decade, worker advocates have lobbied to do away with the exemption, which they say harkens to an era when relatives informally hired a neighbor or an acquaintance to serve as companions to the elderly. Today, home care is increasingly provided by for-profit elder-care chains that count on a cheap workforce to do a job that has become far more physically and emotionally taxing.
Full Article & Source:
Costs for live-in health aides in Bergen and Passaic counties set to rise
Sunday, December 28, 2014
MARY ROWAN DENIES FAMILY VISITS TO DYING GRANDMOTHER; NOW CO-GUARDIAN IN ROBINSON CASE
Family, anguished by guardian Mary Rowan’s refusal to let them visit Nora Rodman, 84, who is dying, contacts VOD after reading Robinson story
“My mom died 7 years ago. My grandma is the last piece of her I have left. I just want me and my kids to spend the time she has left with her.”
“My grandma calls out our names all day”
Update on Gayle Robinson case: Judge orders 6-month co-guardianship including Rowan Dec. 9
Nora Rodman |
They say Rowan is barring Mrs. Rodman’s daughters, grand-children, and great-grandchildren from seeing her in hospitals and nursing homes. Ms. Rodman is likely dying.
“When my mom called Qualicare she was told that my grandma is not allowed to have any visitors. My grandma is in her last days with end stage CHF and renal failure. My grandma calls out our names all day and we do not understand how [Mary] Rowan can ban our family when it is clearly not in my grandma’s best interest.”
Rowan told one family member that she herself has not seen Mrs. Rodman, although guardians are required to visit every three months. She was appointed Aug. 4, 2014.
Mrs. Rodman had just been released from Providence Hospital after various other placements in nursing homes and hospitals, and is now at Qualicare on E. Grand Blvd. in Detroit.
Family members believe Rowan is causing her needless suffering through prolonged medical procedures.
Wayne County Probate Court Judge June E. Blackwell-Hatcher, the daughter of Robert Blackwell, appointed Rowan as guardian in Mrs. Rodman’s case Aug. 4, 2014.
Mrs. Rodman’s granddaughter Amanda Ulmen was in tears as she discussed Rowan’s refusal to let her see her grandmother in the hospital. Since Rowan is listed as guardian in hospital records, hospital personnel must abide by her decisions.
“My mom died seven years ago,” Ulmen said. “My grandmother is the last piece of her that I have left. I just want me and my kids to spend what time she has left with her. Two of my aunts went to see her yesterday and were refused time with her also. This is heart-breaking, sickening, and outrageous.” (Continue reading)
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MARY ROWAN DENIES FAMILY VISITS TO DYING GRANDMOTHER; NOW CO-GUARDIAN IN ROBINSON CASE
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