Misty Davis of Cedar Rapids is hoping a bill Gov. Terry Branstad signed into law Friday will enable her to re-establish ties with her brother, Jim.
Davis, 29, said she has had limited to no contact with her 39-year-old brother, who has a mild intellectual disability, since her father died in January 2013 and her step-mother became Jim's guardian and shielded him from his family members. She said she lost her brother 28 months ago, "not through death, but through guardianship."
Davis, who sought help from state Sen. Rob Hogg, D-Cedar Rapids, to get the bill enacted, was on hand in Branstad's formal Capitol office to witness him signing a ground-breaking law that gives family members a new legal avenue to use if they're blocked from seeing a relative who is incapacitated. She is hoping the new law, which takes effect July 1, will help her seek to enforce visitation rights.
"I will go, and I will fight for it," she said. "I'm very stubborn and persistent, so this will happen."
Senate File 306, which addresses communication and visitation rights between an adult ward and another person, is one of the first laws in the nation that would allow relatives to ask a judge to enforce visitation rights.
Also present at Friday's Capitol bill-signing ceremony was Kerri Kasem, daughter of the radio personality Casey Kasem, former host of "America's Top 40." She lobbied for the bill after her late father was moved from his nursing home in California, first to Nevada and then to Washington, without his children's knowledge or consent.
"This is a silent epidemic," she said. "There are so many abuses of guardianships and so many abuses of caretakers."
Full Article and Source:
Branstad Signs Flurry of New Laws
See Also:
Gov Terry Branstad Signs Casey Kasem Bill
First of Its Kind Casey Kasem Bill Becomes Law in Iowa
Iowa Law Tries to Ensure Adult Children Can See Sick Parents
Iowa Law Takes on Guardian Wrongdoing
Iowa Law Arising From Kasem Case Ensures Adult Children Can See Sick Parents
Saturday, April 25, 2015
Author Ann Rule Was Abused, Ripped Off By Her Sons, Cops Say
Ann Rule |
Bestselling true crime author Ann Rule was bilked out of more than $100,000 by two of her sons, one of whom demanded money while she "cowered in her wheelchair," authorities said.
Michael Rule, 51, has been charged with theft in the first degree and forgery, for allegedly writing himself $103,628 in checks from his mother's bank account, according to charging documents.
Andrew Rule, 54, was accused of coercing his mother into giving him $23,327 and was charged with first-degree theft. Both are free on their own recognizance awaiting trial.
Ann Rule, 84, the author of 30 New York Times bestsellers, has been in declining health since an October 2013 fall that resulted in a broken hip, according to court documents provided to The Huffington Post by the King County Prosecuting Attorney's Office in Washington state. She "is on oxygen at all times," suffers from periods of "extreme confusion" and is "vulnerable to undue influence," the documents say.
"She is unable to perform many activities of daily living without assistance," the court documents state.
Her sons began taking advantage of her weakness last year, according to prosecutors.
Authorities were alerted on March 2, when Rule's son-in-law, Glen Scorr, told the prosecutor's office he suspected his mother-in-law was being financially exploited by her two sons.
A joint investigation by the King County Sheriff's Office and the Normandy Park Police Department revealed that four of Ann Rule's children receive an estimated $25,000 monthly salary through her corporation, Rule Enterprises LLC, for "assigned responsibilities." (Click to continue reading)
Full Article & Source:
Author Ann Rule Was Abused, Ripped Off By Her Sons, Cops Say
Disbarred East Valley attorney sentenced to prison in probate theft case
Rodney Matheson |
While sentencing Rodney Matheson, 70, on Friday, Maricopa County Superior Court Judge Bruce R. Cohen also ordered that Matheson repay more than $1 million to an attorney representing the Mayo Clinic, and ordered him to "not engage in any service or assistance in or related legal services for any purpose whatsoever.''
Cohen also placed Matheson on probation on a fraudulent schemes and artifaces conviction for seven years, a term that begins when he is released from prison.
Prosecutors accused Matheson of orchestrating an elaborate shell game by taking money from two estates to satisfy a court order for payment of $800,000 to the Mayo Clinic, the major beneficiary of a third estate, according to court documents.
PREVIOUS: Disbarred attorney accused of stealing from probate clients
The theft occurred between November 2005 and August 2013, while the fraud occurred between March and August of 2013, according to court documents. Matheson pleaded guilty in November 2014 to the theft and fraud charges in return for three other counts being dropped, according to his plea agreement.
Matheson, of Queen Creek, was disbarred in September 2013 after an investigation by the State Bar of Arizona and arrested by Gilbert police in February 2014.
At that time, he was charged with two counts of fraudulent schemes and two counts of theft, with investigators accusing him of misappropriating as much as $6 million.
Matheson also was accused of stealing $1.2 million from the estate of Dorothy Thomas, whose estate stipulated that the money be turned over to the University of Arizona Foundation for cancer research in memory of her late husband, David, according to court records related to the civil case. Documents said the foundation never received the money.
The case against Matheson started to emerge when Mayo Clinic filed a civil suit to collect $1.2million left to the hospital as a beneficiary by the Mary Jane Schalow Trust. Judges were not satisfied with Matheson's answers when they demanded to know what happened to the money.
A Gilbert attorney who traced the misappropriations while examining the probate accounts eventually was ordered to turn over the evidence to the State Bar and to the Gilbert police, leading to Matheson's disbarment and eventually to his arrest.
Full Article & Source:
Disbarred East Valley attorney sentenced to prison in probate theft case
Illinois bill allowing video, audio monitoring in nursing homes passes House
ILLINOIS (KWQC) – The Illinois House has passed a proposal to allow families to install video or audio devices to monitor their loved ones in nursing homes.
The goal is quality care for residents and peace of mind for family members.
Advocates for residents in senior care or rehabilitation facilities said it’s a hotly debated topic. They raise concerns about invasion of privacy, but also wanting to ensure quality care.
Attorney General Lisa Madigan said complaints of negligence sparked the legislation. She said there’s an increasing need for additional safety measures in nursing homes across the state.
The Department of Public Health receives more than 21,000 calls annually for disputes of abuse or negligence in nursing homes.
“I wouldn’t want to live like that,” said Rock Island Nursing & Rehabilitation Center resident William Akin.
He said installing cameras in his room would be an invasion of privacy.
“Watch me undress, watch me do whatever…my caretakers are the people that do that,” he said.
However, he agrees in certain circumstances it could be beneficial only if a person has their own room and is more vulnerable, like someone with Alzheimer’s or dementia.
“They may think this is a way to catch someone or see someone being abused, but I think there’s other ways of doing it,” he said.
Madigan proposed legislation that would give families and nursing home residents the option of installing video or audio devices in their rooms.
Regional Ombudsman or resident advocate Jennifer Glackin said there are pro’s and con’s to the legislation.
“The family can’t always be there to make sure that they get what they need and that their tubes are cleaned and that their apparatuses are maintained so, with regard to that I think that it possibly could be an alternative for families that have to be there all the time, to monitor what’s going on,” she said.
Glackin said the legislation requires resident and roommate consent, but said residents may have reservations about their privacy.
“Their room is their sanctuary and that’s where they chance and that’s where they sometimes take their meds when they’re not feeling well, nobody wants to be recorded in those vulnerable times,” she said.
Glackin said it may be most beneficial for residents who can’t speak for themselves.
“That’s going to stop potentially situations where people don’t respond in a timely manner or they’re not administering appropriate care to people,” she said. “We’ve got people on both sides…some people are really supporting this and there are other people… It’s almost like the big brother effect, when has it gone too far?”
Glackin said as resident advocates they’re concerned about what language will be introduced to the bill. She said it needs to be worded wisely and monitored closely to protect residents.
If the law passes, Illinois will be the 4th state to allow cameras to be installed in resident rooms of nursing homes.
Press Release via Attorney General Lisa Madigan
SPRINGFIELD, Ill. (KWQC) — Attorney General Lisa Madigan today applauded the members of the Illinois House of Representatives after it passed her proposal to allow nursing home residents and their families to place video or audio monitoring devices in their rooms to help ensure their safety and well-being. House Bill 2462 sponsored by Rep. Greg Harris (D-Chicago) passed with 85 votes in support and now heads to the Senate for consideration.
“Placing a loved one in a nursing facility is a difficult decision that many families will face,” Madigan said. “This measure provides an extra layer of security for nursing home residents, while giving their families peace of mind knowing that their loved ones are receiving safe, quality care.”
The initiative stems from complaints Madigan received from nursing home residents and families who are concerned for their relatives’ care and security. Madigan’s proposal would allow residents of nursing homes and rehabilitation facilities or their family members to purchase and install video or audio monitoring devices in their rooms.
“I would like to thank Attorney General Lisa Madigan for her leadership on this important issue for Illinois families,” Harris said. “When families place an aging loved one into a nursing facility, it is important that they have access to a commonly accepted and widely used technology to ensure safety, and assure families that their relatives are receiving attentive and caring services.”
Madigan cited an increasing need for additional safety measures at Illinois nursing homes as the state’s population continues to age. Currently, Illinois has over 1,100 nursing home facilities with over 76,000 residents. The U.S. Census Bureau also estimates that by 2030, 22.3 percent of Illinois’ population will be aged 60 and older, an increase of more than 28 percent from 2012.
Madigan noted that video and audio surveillance could be used as an added tool to help resolve disputes about suspected abuse or negligence. The Illinois Department of Public Health (IDPH) receives more than 21,000 calls annually and responds to approximately 5,000 complaints. In 2013, the IDPH found 106 allegations of abuse, neglect, or misappropriation of property against residents by facility staff to be valid.
The main provisions of Madigan’s proposal would:
Allow for audio and video electronic monitoring devices;
Require resident and roommate consent;
Make nursing home residents or their representatives responsible for the purchase, installation and maintenance expenses of the devices;
Prohibit facility retaliation for the use of the devices;
Provide for recordings to be admissible into evidence in administrative, civil and criminal proceedings; and
Provide misdemeanor and felony penalties for any person or entity that intentionally hampers, obstructs, tampers with, or destroys a recording or an electronic monitoring device.
If enacted, Illinois would become the fourth state to explicitly allow electronic monitoring devices to be installed in resident rooms in nursing home facilities.
Full Article & Source:
Illinois bill allowing video, audio monitoring in nursing homes passes House
Friday, April 24, 2015
Police Lt. Explains How Family Court Steals From Wards
LVMPD Lt. James Weiskopf tells Clark County Commission on April 21, 2015, how appointed "Guardianship Commissioner" Jon Norheim, Family Court Judge Charles Hoskin, and certain for-hire guardians rob the estates of wards of the court.
Source:
Police Lt. Explains How Family Court Steals From Wards
See Also:
Watch the hearing in its entirety - scroll to 00:38:31 to 02:10:21 and then public statements again at 02:52.03
Source:
Police Lt. Explains How Family Court Steals From Wards
See Also:
Watch the hearing in its entirety - scroll to 00:38:31 to 02:10:21 and then public statements again at 02:52.03
AROUND TOWN: Elder abuse a focus of Silver Key and Colorado's mandatory reporters
Scott Fisher, left, Lindsey Tucker and CEO Davin Neubacher from Silver Key Silver Linings sponsor Navakai |
Elisabeth Almond's words brought soft smiles and knowing head nods from 400 guests at Silver Key Senior Services' Silver Linings fundraising breakfast.
The subject of the morning on April 14: elder abuse.
Almond, the violence prevention regional planner for Penrose-St. Francis Health Foundation, said she would have been more comfortable giving everyone flu shots that morning but needed to stand in front of a microphone to share the story of "Harry," brought into the ER with bruises, filthy clothes, a leaking catheter and dirty diaper. His caretaker, a family member, took "good care of me," he assured the staff. Instead, he hadn't been receiving his medication, food or care. The hospital staff cleaned him up, fed him and got him back on his meds. And they reported his case to elder-abuse-prevention authorities.
"It is so important that all the Harrys and Hariettes be able to stay in their homes where they are safe," Almond said.
County Commissioner Dennis Hisey shared the story of his brother, the one who always had planned and saved for his retirement years. Little did Hisey or his family know, but his kind-hearted brother and sister-in-law had befriended "Ira," a man at church who was down on his luck, waiting for the six figures he was owed to come in "any day now." The couple's daughters discovered that all the retirement savings were depleted, going to "Ira," the man the couple thought needed it more than they did. Then they borrowed against their house to give money to "Ira" and soon the family home was in foreclosure. "Ira's" money never did come in, and the brother was left destitute.
"If there had been a Silver Key, if there had been an elder-abuse support system like we have in place here," this might not have happened, Hisey said. El Paso County has an active Pikes Peak Elder Abuse Coalition.
Colorado law enforcement and fire departments, medical professionals, financial institutions and agencies reach out to help the at-risk elders. Among those at the Silver Key breakfast was Detective Charles Szatkowski, who investigates crimes against elders for the Colorado Springs Police Department, SZATKOCH@ci.colo spgs.co.us, 444-7594.
For information about Silver Key: silverkey.org
Almond, the violence prevention regional planner for Penrose-St. Francis Health Foundation, said she would have been more comfortable giving everyone flu shots that morning but needed to stand in front of a microphone to share the story of "Harry," brought into the ER with bruises, filthy clothes, a leaking catheter and dirty diaper. His caretaker, a family member, took "good care of me," he assured the staff. Instead, he hadn't been receiving his medication, food or care. The hospital staff cleaned him up, fed him and got him back on his meds. And they reported his case to elder-abuse-prevention authorities.
Since July of last year, it is law in Colorado that
abuse or exploitation of at-risk elderly or even the suspicion of
"imminent risk of abuse or exploitation" be reported to authorities.
County Commissioner Dennis Hisey shared the story of his brother, the one who always had planned and saved for his retirement years. Little did Hisey or his family know, but his kind-hearted brother and sister-in-law had befriended "Ira," a man at church who was down on his luck, waiting for the six figures he was owed to come in "any day now." The couple's daughters discovered that all the retirement savings were depleted, going to "Ira," the man the couple thought needed it more than they did. Then they borrowed against their house to give money to "Ira" and soon the family home was in foreclosure. "Ira's" money never did come in, and the brother was left destitute.
"If there had been a Silver Key, if there had been an elder-abuse support system like we have in place here," this might not have happened, Hisey said. El Paso County has an active Pikes Peak Elder Abuse Coalition.
Colorado law enforcement and fire departments, medical professionals, financial institutions and agencies reach out to help the at-risk elders. Among those at the Silver Key breakfast was Detective Charles Szatkowski, who investigates crimes against elders for the Colorado Springs Police Department, SZATKOCH@ci.colo spgs.co.us, 444-7594.
AARP Foundation Elder Watch has a Colorado line (800) 222-4444, option 2.
Full Article & Source:
AROUND TOWN: Elder abuse a focus of Silver Key and Colorado's mandatory reporters
Audit: State Medicaid program lost out on $27M from estates (MO)
Jefferson City- State Capitol Bldg
Missouri's Medicaid program could have recovered as much as $27 million from more than 30,000 estates of deceased patients but did not file claims in time, according to a statewide audit of federal programs released Tuesday.
Federal and Missouri laws allow the state to recover Medicaid funds spent on a participant as a state debt but a claim against the person's estate in probate court must be filed within a year of their death. Of 9,321 cases closed in fiscal year 2014 by the MO HealthNet Division, an average of $15,000 was recovered from 6 percent of those, according to the audit.
The $27 million estimate is based on a similar estimated recovery rate for the 30,000 cases that were past the deadline to file.
"Without timely action on probate estate cases of deceased participants," the audit states, the program "is not in compliance with cost recovery requirements and loses the opportunity to recover state and federal funds."
The Department of Social Services division responsible for filing claims told the auditor's office it does not have sufficient staff to review all cases of deceased patients. The audit says there's no system to prioritize potential cases.
The department's response acknowledges a backlog resulted in forfeited potential recoveries but challenges the $27 million estimate, pointing out that some of the cases may be duplicates, incorrect, exempt from collection or received more than a year after the participant died. Its response also says the attorney general's office is responsible for litigating the cases and does not proceed unless a participant has $20,000 in assets.
"By definition, the vast majority of (MO HealthNet Division) participants are low income and thus, have few to no collectible assets," the department response stated.
A 1993 federal law requires states to collect long-term care costs from the estates of Medicaid recipients 55 and older and allows Missouri the option of recovering other expenses, as the state plan directs. Assets cannot be recovered during the lifetime of a surviving spouse or from a child under age 21 or who is permanently disabled. Homes are protected if a sibling or former caregiver lives there for a certain period of time.
The audit also found continued eligibility verification problems in the child care subsidy and temporary cash assistance programs overseen by the department, which have been the focus of previous audits.
The department is moving toward using a new electronic system for eligibility verification and has created a review team to monitor child care providers who receive payments for children of low-income parents while they are working, according to the department's response.Full Article & Source:
Audit: State Medicaid program lost out on $27M from estates (MO)
Thursday, April 23, 2015
5 Most Insidious Ways Elderly are Preyed Upon
A whole cottage industry of professional fiduciaries, called the "protection industry" by some, has sprung up around the dependent elderly who can't fend for themselves. These fiduciaries often manage many clients, play a paternalistic role in their lives, and demonstrate no or limited interest in their well-being. Some critics say that fiduciaries "profit off mostly helpless people."
Here are five things you should know about the protection industry.
1. A guardianship (also called a conservatorship) is the most restrictive form of court intervention and it may deny you all, or some, of your freedoms indefinitely.
A guardianship can strip a person of his or her basic freedoms—sometimes in just a matter of minutes—and can reduce him or her to the status of an infant.
The National Association to Stop Guardian Abuse (NASGA), an organization that posts, blogs, tweets, and reports on guardianship abuse, calls the guardianship system "a growing menace which feeds on greed." It criticizes the judicial system for its complicity in usurping people's liberties and property.
2.No particular qualifications are required to become a conservator or a guardian.
No special qualifications or specialized knowledge in accounting, law, or social work are needed to become a conservator or a guardian. In most states, the single prerequisite is that a person must be mentally competent.
Only about 18 states place some restrictions on who can become a guardian, and just a handful of states prohibit convicted felons from being appointed as guardians.
3.Families and friends are often helpless to protect loved ones from an abusive guardian.
Not only is a loved one legally required to relinquish decision-making power over to court-appointed guardians and conservators, but the loved one is also rendered powerless to do something about it.
4.Few restrictions protect an elderly ward from an unscrupulous guardian.
The U.S. Government Accountability Office (GAO) issued a report titled "Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors" that explored the widespread allegations of elder mistreatment by guardians. The study found that state courts did not adequately screen guardians prior to their appointments, assigning people with criminal convictions and/or financial troubles to manage wards' substantial estates.
5. The legal system is ill-equipped to help elderly wards, because it [the system] is part of the problem.
Many elders have become victims of exploitation due to “lax” reporting standards and "generally inadequate" guardianship monitoring efforts by the courts, according to a 90-plus-page report released by the Government Accountability Office (GAO).
Full Article and Source:
5 Most Insidious Ways Elderly are Preyed Upon
See Also:
The Con Came: A Failure of Trust
Here are five things you should know about the protection industry.
1. A guardianship (also called a conservatorship) is the most restrictive form of court intervention and it may deny you all, or some, of your freedoms indefinitely.
A guardianship can strip a person of his or her basic freedoms—sometimes in just a matter of minutes—and can reduce him or her to the status of an infant.
The National Association to Stop Guardian Abuse (NASGA), an organization that posts, blogs, tweets, and reports on guardianship abuse, calls the guardianship system "a growing menace which feeds on greed." It criticizes the judicial system for its complicity in usurping people's liberties and property.
2.No particular qualifications are required to become a conservator or a guardian.
No special qualifications or specialized knowledge in accounting, law, or social work are needed to become a conservator or a guardian. In most states, the single prerequisite is that a person must be mentally competent.
Only about 18 states place some restrictions on who can become a guardian, and just a handful of states prohibit convicted felons from being appointed as guardians.
3.Families and friends are often helpless to protect loved ones from an abusive guardian.
Not only is a loved one legally required to relinquish decision-making power over to court-appointed guardians and conservators, but the loved one is also rendered powerless to do something about it.
4.Few restrictions protect an elderly ward from an unscrupulous guardian.
The U.S. Government Accountability Office (GAO) issued a report titled "Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors" that explored the widespread allegations of elder mistreatment by guardians. The study found that state courts did not adequately screen guardians prior to their appointments, assigning people with criminal convictions and/or financial troubles to manage wards' substantial estates.
5. The legal system is ill-equipped to help elderly wards, because it [the system] is part of the problem.
Many elders have become victims of exploitation due to “lax” reporting standards and "generally inadequate" guardianship monitoring efforts by the courts, according to a 90-plus-page report released by the Government Accountability Office (GAO).
Full Article and Source:
5 Most Insidious Ways Elderly are Preyed Upon
See Also:
The Con Came: A Failure of Trust
County Commission Probing "Frightening" Abuses in Guardianship System
Many questions but few concrete answers emerged today as Clark County commissioners probed what they called "frightening" and "appalling" abuses in the private guardian system intended to protect the elderly and infirm.
More than 8,000 people in Clark County are designated wards of court-appointed guardians, who oversee the care and finances of those who aren't mentally or physically fit to care for themselves. In the majority of those cases, the guardian is a family member or friend, District Court Chief Judge David Barker said today, but many are placed under the supervision of for-profit private guardians who charge fees for their services.
It's those private guardians who have come under increasing scrutiny in recent weeks following a story in the Las Vegas Review-Journal that detailed the case of one guardian accused of draining her ward’s estate of nearly half a million dollars.
Commission Chairman Steve Sisolak said he's received dozens of calls from residents concerning "unbelievable" stories of private guardians "manipulating the system to drain their (wards') assets."
Commissioners attempted to dig into the system during their meeting today, hearing reports from Barker and other staff about the lax licensing requirements for private guardians and the lack of oversight on the fees they charge to wards.
The guardianship system is run out of Family Court, with the entirety of the caseload being handled by a single hearing master and one Family Court judge.
A person is entered into the guardianship system following a petition by a family member, doctor or someone else in a position of responsibility for that person.
Sisolak said that once a person is deemed in need of a guardian, "it's virtually impossible to get out."
During public testimony, Las Vegas resident Elizabeth Indig shared the story of her 93-year-old mother who was put under the care of a private guardian in 2012. Indig said her mother was entered into the system without Indig's knowledge or consent and that she's been unable to reclaim legal responsibility for her mother since. During that time, Indig said the guardian charged excessive fees to her mother's estate while failing to pay bills like her homeowners association dues, leading to her mother's house being foreclosed upon and forcing her to move to a nursing home.
These concerns were echoed by Metro Police Lt. James Weiskopf, who said he's heard similar complaints during his time at the department's abuse and neglect detail.
"The complaints we're hearing from our agency, the family members aren't even aware that this Family Court is occurring or that a private guardian has been appointed for the estate," Weiskopf said.
He said that when family members petition to take control back from the private guardian, they feel like their testimony is ignored by the court's hearing master.
"The next thing the family knows, the private guardian has total access to the finances of these wards. What the private guardians are doing is charging these fees for all the different services, that gets charged against the ward's estate," he said.
As the ward's estate is depleted, the private guardian goes to Family Court for permission to sell assets like cars, homes or other valuables to continue funding their services, according to complaints Weiskopf received.
"The goal is to create liquid assets so that way these private guardians can continue to charge their fees," he said. "That's the overall gist of the complaints we're getting ... that there's no oversight of these private guardians who are charging these ridiculous fees."
Weiskopf said Metro is limited in its ability to investigate these types of complaints because the court is responsible for oversight and there are limited regulations on what types of fees can be charged by private guardians.
Commissioners weren't presented any immediate solutions for solving the perceived problem in the private guardianship system, but they promised to continue looking into the issue in search of abuses and potential fixes.
Sisolak requested that a task force be formed to investigate the system and said the county's audit committee would look to review financial records submitted by guardians to the court.
Barker said one potential fix could be to take the guardianship system out of the hands of a single hearing master and judge and instead spread them around to multiple judges.
Another potential fix could be to add staff to the county's Public Guardian Office. That government office provides similar services as private guardians, but currently only has six employees handling about 300 cases, a fraction of the total number of guardianships in the county.
"If there is private guardian abuse out there, we should go after a couple right away. We don't have to wait for the overall analysis," Commissioner Larry Brown said. "If we can start going after some of the most flagrant abuses, I think we can start to build back the public trust as we ... improve the system."
Source:
County Commission Probing "Frightening" Abuses in Guardianship System
See Also:
Watch the video of the hearing. Scroll to: 00:38:31 to 02:10:21 and then to 02:52.03
More than 8,000 people in Clark County are designated wards of court-appointed guardians, who oversee the care and finances of those who aren't mentally or physically fit to care for themselves. In the majority of those cases, the guardian is a family member or friend, District Court Chief Judge David Barker said today, but many are placed under the supervision of for-profit private guardians who charge fees for their services.
It's those private guardians who have come under increasing scrutiny in recent weeks following a story in the Las Vegas Review-Journal that detailed the case of one guardian accused of draining her ward’s estate of nearly half a million dollars.
Commission Chairman Steve Sisolak |
Commissioners attempted to dig into the system during their meeting today, hearing reports from Barker and other staff about the lax licensing requirements for private guardians and the lack of oversight on the fees they charge to wards.
The guardianship system is run out of Family Court, with the entirety of the caseload being handled by a single hearing master and one Family Court judge.
A person is entered into the guardianship system following a petition by a family member, doctor or someone else in a position of responsibility for that person.
Elizabeth Indig |
These concerns were echoed by Metro Police Lt. James Weiskopf, who said he's heard similar complaints during his time at the department's abuse and neglect detail.
Metro Police Lt. James Weiskopf |
He said that when family members petition to take control back from the private guardian, they feel like their testimony is ignored by the court's hearing master.
"The next thing the family knows, the private guardian has total access to the finances of these wards. What the private guardians are doing is charging these fees for all the different services, that gets charged against the ward's estate," he said.
As the ward's estate is depleted, the private guardian goes to Family Court for permission to sell assets like cars, homes or other valuables to continue funding their services, according to complaints Weiskopf received.
"The goal is to create liquid assets so that way these private guardians can continue to charge their fees," he said. "That's the overall gist of the complaints we're getting ... that there's no oversight of these private guardians who are charging these ridiculous fees."
Weiskopf said Metro is limited in its ability to investigate these types of complaints because the court is responsible for oversight and there are limited regulations on what types of fees can be charged by private guardians.
Commissioners weren't presented any immediate solutions for solving the perceived problem in the private guardianship system, but they promised to continue looking into the issue in search of abuses and potential fixes.
Sisolak requested that a task force be formed to investigate the system and said the county's audit committee would look to review financial records submitted by guardians to the court.
Barker said one potential fix could be to take the guardianship system out of the hands of a single hearing master and judge and instead spread them around to multiple judges.
Another potential fix could be to add staff to the county's Public Guardian Office. That government office provides similar services as private guardians, but currently only has six employees handling about 300 cases, a fraction of the total number of guardianships in the county.
"If there is private guardian abuse out there, we should go after a couple right away. We don't have to wait for the overall analysis," Commissioner Larry Brown said. "If we can start going after some of the most flagrant abuses, I think we can start to build back the public trust as we ... improve the system."
Source:
County Commission Probing "Frightening" Abuses in Guardianship System
See Also:
Watch the video of the hearing. Scroll to: 00:38:31 to 02:10:21 and then to 02:52.03
NC: Alzheimer's Advocates Push for Bill Recognizing Out of State Guardianship
The Alzheimer's Association is pushing lawmakers to take a closer look at a bill it says would go a long way toward helping to care for those who suffer from the neurodegenerative disease.
Advocates lobbied at the General Assembly on Wednesday in favor of the Uniform Guardianship Act.
The bill would recognize the legal guardianship of an Alzheimer's patient already established in another state if those people move to North Carolina.
"It's kind of a no-brainer in the sense that if all state recognize the guardianship order from other state courts, it will allow other people to come here without problems," explained Scott Herrick, with the Western Carolina chapter of the Alzheimer's Association. "[They can] bring loved ones down from other states when they need to care for them with dementia."
Advocates say Alzheimer's affects about 160,000 people in North Carolina.
Source:
Alzheimer's Advocates Push for Bill Recognizing Out of State Guardianship
Advocates lobbied at the General Assembly on Wednesday in favor of the Uniform Guardianship Act.
The bill would recognize the legal guardianship of an Alzheimer's patient already established in another state if those people move to North Carolina.
"It's kind of a no-brainer in the sense that if all state recognize the guardianship order from other state courts, it will allow other people to come here without problems," explained Scott Herrick, with the Western Carolina chapter of the Alzheimer's Association. "[They can] bring loved ones down from other states when they need to care for them with dementia."
Advocates say Alzheimer's affects about 160,000 people in North Carolina.
Source:
Alzheimer's Advocates Push for Bill Recognizing Out of State Guardianship
Wednesday, April 22, 2015
Clark County Nevada Commissioners Want Reform of "Appalling" Guardianship Program
By COLTON LOCHHEAD
LAS VEGAS REVIEW-JOURNAL
Calling Clark County’s court-appointed guardianship operation “appalling” and “frightening,” county commissioners on Tuesday called for a sweeping overhaul of the system.
While no formal decisions were made, commissioners called for a blue ribbon panel to examine the shortcomings and gaps in the system that leave elder and mentally incapacitated residents vulnerable to Private Professional Guardians looking to profit off their infirmity.
Long-running problems with the program that oversees about 8,500 cases each year were laid bare in a series of Las Vegas Review-Journal articles published April 12 and 13.
Cases highlighted by the Review-Journal showed a lack of oversight by the courts that allowed vulnerable people to lose hundreds of thousands of dollars to their Private Professional Guardians while wards of the county. In those cases, the court failed to enforce current state laws, such as the requirement file a yearly accounting of money spent on behalf of wards, and ignored the wishes of wards and their families.
Two commissioners called for immediately ousting Guardianship Commissioner Jon Norheim, the county employee who oversees the troubled operation for the District Court.
“Maybe we need to remove Norheim,” Commissioner Tom Collins said during the meeting. Commissioner Chris Giunchigliani echoed those comments minutes later, saying “I would get rid of him now, and put into effect some individuals who will work with the families.”
“There appears to be no oversight,” Commission Chair Steve Sisolak added.
Sisolak said each commissioner received dozens of phone calls in the wake of the Review-Journal reports from people claiming to be victims of guardianship abuse.
“These families are in the middle of nightmares,” he said. “If there’s truth to some of these allegations being made, someone deserves to be in prison.”
In a written statement to the Review-Journal, Norheim said he is “fully and completely committed to transparency with respect to responding to these concerns. I welcome a full and complete review of the record and welcome any suggestions to improve the system and my performance.”
For over an hour Tuesday District Court Chief Judge David Barker answered dozens of pointed questions from commissioners about the guardianship process. Barker said that getting a compliance officer for the court who could investigate abuse complaints would go a long way toward fixing problems.
Sisolak said the entire system needs an immediate overhaul, and asked the county manager to recommend by May 5 the membership of the blue ribbon panel.
“You’re talking about people who are the most vulnerable, and they’re being made victims,” Sisolak said. “Something needs to have happened yesterday, as far as I’m concerned.”
The issue made Collins recall a personal experience in dealing with guardianship.
Collins said he helped a friend whose grandmother was trapped in the system. He made several phone calls to the court trying to figure out why she was in guardianship and why the grandson couldn’t be guardian. It took seven months to finally get her out of the guardian’s hands, Collins said.
But had he not been an elected official, Collins said, things likely would have gone differently.
“It was because my title of County Commissioner,” he said. “If I was just Joe Blow out there at sea, I would not have gotten the time of day.”
Commissioner Lawrence Weekly said the inquiry needs to determine why widespread complaints from the families to court officials have fallen for so long on deaf ears at the court.
“Why has this been a best-kept secret?” Weekly asked.
In addition to the County Commission’s action, state lawmakers on Tuesday approved two guardian reform bills.
Senate Bill 262, which would make it easier for people who live in other states to become guardians of family members in Nevada, passed the Senate Tuesday without debate or an opposing vote, and now goes to the Assembly for consideration.
Assembly Bill 325, which sponsor Assemblyman Mike Sprinkle, D-Sparks, said would move Nevada toward professional licensing for those engaged in the business of serving as a private professional guardian, won approval in the Assembly on Tuesday and now goes to the Senate. Guardians now only have to pass a written certification test to be approved by the court.
The vote was 30 to 12 in favor, with all the no votes coming from Republicans.
Source:
Clark County Commissioners Want Reform of Appalling Guardianship Program
See Also:
Watch the video of the hearing. Scroll to: 00:38:31 to 02:10:21 and then to 02:52.03
Courts, Lawmakers Working on Protection for its Weakest Citizens
Guardianship Problems are Widely Reported but Seldom Fixed
Escape Was Only Option for Old Soldier Trapped in Guardian System
Clark County's Private Guardians May Protect - or Just Steal and Abuse
LAS VEGAS REVIEW-JOURNAL
Calling Clark County’s court-appointed guardianship operation “appalling” and “frightening,” county commissioners on Tuesday called for a sweeping overhaul of the system.
While no formal decisions were made, commissioners called for a blue ribbon panel to examine the shortcomings and gaps in the system that leave elder and mentally incapacitated residents vulnerable to Private Professional Guardians looking to profit off their infirmity.
Long-running problems with the program that oversees about 8,500 cases each year were laid bare in a series of Las Vegas Review-Journal articles published April 12 and 13.
Cases highlighted by the Review-Journal showed a lack of oversight by the courts that allowed vulnerable people to lose hundreds of thousands of dollars to their Private Professional Guardians while wards of the county. In those cases, the court failed to enforce current state laws, such as the requirement file a yearly accounting of money spent on behalf of wards, and ignored the wishes of wards and their families.
Two commissioners called for immediately ousting Guardianship Commissioner Jon Norheim, the county employee who oversees the troubled operation for the District Court.
“Maybe we need to remove Norheim,” Commissioner Tom Collins said during the meeting. Commissioner Chris Giunchigliani echoed those comments minutes later, saying “I would get rid of him now, and put into effect some individuals who will work with the families.”
“There appears to be no oversight,” Commission Chair Steve Sisolak added.
Sisolak said each commissioner received dozens of phone calls in the wake of the Review-Journal reports from people claiming to be victims of guardianship abuse.
“These families are in the middle of nightmares,” he said. “If there’s truth to some of these allegations being made, someone deserves to be in prison.”
In a written statement to the Review-Journal, Norheim said he is “fully and completely committed to transparency with respect to responding to these concerns. I welcome a full and complete review of the record and welcome any suggestions to improve the system and my performance.”
District Court Chief Judge David Barker |
Sisolak said the entire system needs an immediate overhaul, and asked the county manager to recommend by May 5 the membership of the blue ribbon panel.
“You’re talking about people who are the most vulnerable, and they’re being made victims,” Sisolak said. “Something needs to have happened yesterday, as far as I’m concerned.”
The issue made Collins recall a personal experience in dealing with guardianship.
Collins said he helped a friend whose grandmother was trapped in the system. He made several phone calls to the court trying to figure out why she was in guardianship and why the grandson couldn’t be guardian. It took seven months to finally get her out of the guardian’s hands, Collins said.
But had he not been an elected official, Collins said, things likely would have gone differently.
“It was because my title of County Commissioner,” he said. “If I was just Joe Blow out there at sea, I would not have gotten the time of day.”
Commissioner Lawrence Weekly said the inquiry needs to determine why widespread complaints from the families to court officials have fallen for so long on deaf ears at the court.
“Why has this been a best-kept secret?” Weekly asked.
In addition to the County Commission’s action, state lawmakers on Tuesday approved two guardian reform bills.
Senate Bill 262, which would make it easier for people who live in other states to become guardians of family members in Nevada, passed the Senate Tuesday without debate or an opposing vote, and now goes to the Assembly for consideration.
Assembly Bill 325, which sponsor Assemblyman Mike Sprinkle, D-Sparks, said would move Nevada toward professional licensing for those engaged in the business of serving as a private professional guardian, won approval in the Assembly on Tuesday and now goes to the Senate. Guardians now only have to pass a written certification test to be approved by the court.
The vote was 30 to 12 in favor, with all the no votes coming from Republicans.
Source:
Clark County Commissioners Want Reform of Appalling Guardianship Program
See Also:
Watch the video of the hearing. Scroll to: 00:38:31 to 02:10:21 and then to 02:52.03
Courts, Lawmakers Working on Protection for its Weakest Citizens
Guardianship Problems are Widely Reported but Seldom Fixed
Escape Was Only Option for Old Soldier Trapped in Guardian System
Clark County's Private Guardians May Protect - or Just Steal and Abuse
Steve Miller: Hoskin and Norheim - No Shows at County Commission Hearing
Family Court Chief Judge Charles Hoskin |
Commissioner Jon Norheim |
Other no-shows included private professional guardian Jared E. Shafer of Professional Fiduciaries of Souther Nevada (PFSN, Inc.) who was often identified during the hearing as the main perpetrator of alleged guardianship fraud in Southern Nevada; his protege April Parks who witnesses described as another exploiter of the elderly and infirm, and former PFSN, Inc. guardian Patience Bristol who is currently serving a 5 - 8 sentence in Nevada State Prison for elder exploitation.
Watch the video of the hearing. Scroll to: 00:38:31 to 02:10:21 and then to 02:52.03
Jared E. Shafer |
Information Provided as a Public Service by Steve Miller
The financial exploitation evidenced on this website was sanctioned by Clark County Family Court Judge Charles Hoskin and his appointed "Guardianship Commissioner" Jon Norheim.
None of these atrocities could have happened without their full approval under the color of arcane Nevada laws.
Source:
Information Provided as a Public Service by Steve Miller
See Also:
Valley Man Wrestles With Guardianship System
Las Vegas Guardian Jared E. Shafer Sued for "Embezzling" $420,000 From 94-Year-Old Former "Ward"
Private Guardians Jared E. Shafer and Patience Bristol Sue Blind Man For Libel, Now Ask Taxpayers to Pay the Bill
Marcy E. Dudeck
None of these atrocities could have happened without their full approval under the color of arcane Nevada laws.
Source:
Information Provided as a Public Service by Steve Miller
See Also:
Jason Hanson |
Guadalupe Olvera |
Marcy Dudeck |
Valley Man Wrestles With Guardianship System
Las Vegas Guardian Jared E. Shafer Sued for "Embezzling" $420,000 From 94-Year-Old Former "Ward"
Private Guardians Jared E. Shafer and Patience Bristol Sue Blind Man For Libel, Now Ask Taxpayers to Pay the Bill
Marcy E. Dudeck
Tuesday, April 21, 2015
Clark County Nevada Commissioners Demand Answers From Guardianship Court
Appalling, frightening and plagued by problems. That's how county commissioners described our Family Court Guardianship system in a first-of-its kind hearing Tuesday morning.
It comes in the wake of a Contact 13 Investigation into alleged guardianship abuses.
"Ghandi once said, 'The measure of a society is how it treats the vulnerable.' You are failing the elderly in Clark County," Julie Belshe told commissioners during the public comment period of the meeting.
Family members, concerned citizens and representatives from Las Vegas police and District Court painted what commissioners called a frightening picture of the system that's supposed to protect the most vulnerable.
"I'm a little concerned," said Commissioner Susan Brager. "I have a 96-year-old dad that seems very healthy to me, but I wouldn't want a guardian to get a hold of him."
When someone is deemed unable to take care of themselves, Family Court can make them a ward and appoint a private, for-profit guardian instead of allowing family members to care for their loved ones.
"Once a guardian has been appointed, they literally become that person," explained senior citizen advocate Rana Goodman. "They take over everything they own. Their bank account, their trust account, their stock portfolio, everything they have."
Elizabeth Indig said that's what happened to her mother.
"And she should be at home," Indig addressed the County Commissioners fighting back tears. "She had a home. She had her things. Every time I visit her she says either, bring her home or kill her."
In 2012, Indig said her mother fell in her driveway, went to the hospital and then to a rehab facility before she was supposed to come home.
"With no notification or discussion, a woman named April Parks was granted guardianship of my mother by Commissioner Jon Norheim with nobody in attendance because I, the only daughter, was never served and had no idea of the hearing," Indig explained.
There are 8,650 guardianship cases in Clark County. Between 2,500-3,000 of them are active. All are being heard by one man, Hearing Master Jon Norheim. Police have been getting complaints about how Norheim deals with family members.
"He ignores their testimony or doesn't allow them to speak. He won't hold evidentiary hearings," Lt. James Weiskopf told the county leaders. "And then he makes a ruling and it goes to a private guardian."
Homes can be sold for pennies on the dollar. Private guardians can drain wards' bank accounts. And there's no oversight aside from Family Court Chief Judge Charles Hoskin.
"And the complaints we get from the citizens is that Judge Hoskin will rubber stamp it and say Norheim made appropriate decisions or Judge Hoskin doesn't hear the family's complaint," Lt. Weiskopf said to commissioners.
Neither Norheim nor Hoskin attended the County Commission meeting. Commissioner Susan Brager called them, "Little gods making decisions they shouldn't."
District Court Chief Judge David Barker acknowledged long-standing problems with the guardianship system.
"We need to make sure we can identify those who are most vulnerable, protect them and hold those who might be taking advantage of them to account," said Judger Barker before the commissioners.
Commissioner Chris Giunchigliani said abusive private guardians need to be prosecuted and family members and finances returned to their loved ones.
County leaders also said based on what they've heard, Guardianship Commissioner Norheim needs to go.
"A lot of them didn't realize this was going on and yeah, I think something's finally going to be done," said senior advocate Goodman.
Commissioner Chairman Steve Sisolak will create a blue ribbon panel to audit guardianship cases. And Chief Judge Barker is working to get a Guardianship Compliance Officer to independently review cases and help frustrated family members.
District Court provided this statement in response to the issues raised in Tuesday's meeting:
Clark County Commissioners Demand Answers from Guardianship Court
It comes in the wake of a Contact 13 Investigation into alleged guardianship abuses.
"Ghandi once said, 'The measure of a society is how it treats the vulnerable.' You are failing the elderly in Clark County," Julie Belshe told commissioners during the public comment period of the meeting.
Family members, concerned citizens and representatives from Las Vegas police and District Court painted what commissioners called a frightening picture of the system that's supposed to protect the most vulnerable.
Comm. Susan Brager |
When someone is deemed unable to take care of themselves, Family Court can make them a ward and appoint a private, for-profit guardian instead of allowing family members to care for their loved ones.
Rana Goodman |
Elizabeth Indig said that's what happened to her mother.
"And she should be at home," Indig addressed the County Commissioners fighting back tears. "She had a home. She had her things. Every time I visit her she says either, bring her home or kill her."
In 2012, Indig said her mother fell in her driveway, went to the hospital and then to a rehab facility before she was supposed to come home.
"With no notification or discussion, a woman named April Parks was granted guardianship of my mother by Commissioner Jon Norheim with nobody in attendance because I, the only daughter, was never served and had no idea of the hearing," Indig explained.
There are 8,650 guardianship cases in Clark County. Between 2,500-3,000 of them are active. All are being heard by one man, Hearing Master Jon Norheim. Police have been getting complaints about how Norheim deals with family members.
"He ignores their testimony or doesn't allow them to speak. He won't hold evidentiary hearings," Lt. James Weiskopf told the county leaders. "And then he makes a ruling and it goes to a private guardian."
Homes can be sold for pennies on the dollar. Private guardians can drain wards' bank accounts. And there's no oversight aside from Family Court Chief Judge Charles Hoskin.
"And the complaints we get from the citizens is that Judge Hoskin will rubber stamp it and say Norheim made appropriate decisions or Judge Hoskin doesn't hear the family's complaint," Lt. Weiskopf said to commissioners.
Neither Norheim nor Hoskin attended the County Commission meeting. Commissioner Susan Brager called them, "Little gods making decisions they shouldn't."
District Court Chief Judge David Barker acknowledged long-standing problems with the guardianship system.
"We need to make sure we can identify those who are most vulnerable, protect them and hold those who might be taking advantage of them to account," said Judger Barker before the commissioners.
Commissioner Chris Giunchigliani said abusive private guardians need to be prosecuted and family members and finances returned to their loved ones.
County leaders also said based on what they've heard, Guardianship Commissioner Norheim needs to go.
"A lot of them didn't realize this was going on and yeah, I think something's finally going to be done," said senior advocate Goodman.
Commissioner Chairman Steve Sisolak will create a blue ribbon panel to audit guardianship cases. And Chief Judge Barker is working to get a Guardianship Compliance Officer to independently review cases and help frustrated family members.
District Court provided this statement in response to the issues raised in Tuesday's meeting:
The Eighth Judicial District Court takes the concerns raised today regarding the handling of guardianship cases very seriously. The court will take a judicious approach to look at all the facts of the issues raised and then respond accordingly. We look forward to participation with the blue ribbon panel to bring the handling of these cases in line with the National Association for Court Management's best practices.
Guardianship cases can be highly contentious, emotional and difficult when attempting to reach amicable terms for all parties. The court follows the law to give preference to rely on family members to serve as guardians; but, each case has to be considered in light of what is in the best interest of the ward. A family has the recourse of appeal to the Nevada Supreme Court if they disagree with decisions made in guardianship cases.
We look forward to the swift approval of the requested guardian compliance administrator who will implement the best practices as outlined by the National Association for Court Management.
We look forward to the swift approval of the requested guardian compliance administrator who will implement the best practices as outlined by the National Association for Court Management.
Judge David Barker attended the open hearing today. As the chief judge, he is entrusted with the responsibility to handle matters of concern with the court. Judge Barker is committed to ensuring clarity and instilling public trust in the process of handling guardianship cases.
The court respects the input the METRO lieutenant provided today and we look forward to further dialogue with METRO on insight that they can provide.
Protecting those impacted by intellectual disabilities and diseases associated with aging is essential to the well-being of our families and community in Clark County. The court will continue to pursue avenues and resources to develop solutions and improve the handling of guardianship cases.
Source:
Clark County Commissioners Demand Answers from Guardianship Court
Convicted Attorney Who Had Been Avoiding Sentencing Arrested, Held With No Bond
Emily Elizabeth Cohen (credit: Boulder Police Department) |
COLORADO SPRINGS, Colo. (CBS4) – A Boulder County lawyer found guilty of taking thousands of dollars from vulnerable people and had been avoiding sentencing has been arrested.
Emily Cohen didn’t show up to another sentencing hearing on Monday. CBS4 learned she had checked herself into rehab at a medical facility for a second time. She was discharged from one on Saturday, and then Monday morning she checked herself in again.
According to the Boulder County District Attorney’s Office, Cohen was arrested Thursday morning in Colorado Springs and is being held in the El Paso County Jail until she can be moved to Boulder County. She will remain in custody because she’s being held with no bond.
“We just need to get her in court and in front of the judge and she can be sentenced at that time,” District Attorney Stan Garnett said on Monday.
Cohen has known her sentence was coming since being convicted on 13 counts of felony theft in December.
During the investigation more than 50 people, most of them immigrants, came forward saying they had hired Cohen for work permits or visas, paid her thousands, and never got any help.
The past four months have seen a variety of legal maneuvering by Cohen, including changing defense lawyers several times, and simply not showing up to her sentencing hearing.
“It’s hard for victims when there’s not closure in a case. The victims, and there’s quite a number of them in this case, have been cooperative and patient,” Garnett said.
On Monday Cohen’s current attorney tried to recuse herself from the case.
Cohen is facing six years in prison.
The judge on Monday issued a warrant for Cohen’s arrest. It’s not clear how she was found.
Full Article & Source:
Convicted Attorney Who Had Been Avoiding Sentencing Arrested, Held With No Bond
Owner of N.J. healthcare agency admits to $7 million fraud, bribery and tax evasion
NEWARK — The owner of a Linden home healthcare agency pleaded guilty to carrying out a multimillion dollar Medicaid fraud, bribery and other offenses that could lead to decades in prison, the office of U.S. Attorney for New Jersey Paul Fishman announced Monday.
Irina Krutoyarsky, 61, of Springfield, owner of HHCH Health Care, is scheduled to be sentenced in September after admitting she told the state's Board of Nursing that the aides she employed had completed required training and testing when in reality she charged the aides hundreds each for obtaining fraudulent credentials.
Krutoyarsky also billed Medicaid for aide visits that never occurred, in some instances charging for visits by aides who were on overseas vacations, working at other jobs or who were not in the area at the time. As part of the scheme, patients were also paid to back up claims of visits that never happened. All told, authorities estimate Krutoyarsky bilked Medicaid of $7 million.
Krutoyarsky also bribed a state Department of Labor employee who was working undercover with federal agents after the department received complaints in 2010 that employees were not getting paid overtime. The $10,000 bribe attempt was recorded, authorities said. A second bribe, for $15,000, was also caught on video the following year in an unrelated Department of Labor investigation.
Krutoyarsky has also pleaded guilty to tax evasion for failing to pay more than $907,000 in taxes on income she received between 2007 and 2011 from clients who were not eligible for Medicaid and paid cash for the company's services.
She faces up to 10 years in prison each for conspiracy to commit health care fraud, bribery and money laundering. She also faces five years on the tax evasion charge and must forfeit $7 million.
Full Article & Source:
Owner of N.J. healthcare agency admits to $7 million fraud, bribery and tax evasion
30 States Considering Laws To Fight Senior Financial Abuse
Thirty states are considering new laws to heighten senior financial
protection, according to a list compiled by National Conference of State
Legislatures financial services analyst Heather Morton.
Morton said the list was current as of April 7. Many of the bills mandate that financial advisors, banks and medical workers report elder financial abuse to authorities when they suspect it. Much of the legislation raises the penalties for financial crimes against the elderly.
New York is considering a bill that would allow bank workers to refuse a payment request from a senior when they think the person is being exploited. Washington state has had a similar law since 2010 and Delaware Governor Jack Markell gave banks in his state that power last year. Another New York bill would set up a toll-free elder abuse hotline.
States with anti-senior fraud legislation pending listed by Morton are:
Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Iowa, Illinois, Indiana, Kansas, Massachusetts, Maryland, Maine, Minnesota, Missouri, North Carolina, North Dakota, New Jersey, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Vermont and Washington.
Morton said the list was current as of April 7. Many of the bills mandate that financial advisors, banks and medical workers report elder financial abuse to authorities when they suspect it. Much of the legislation raises the penalties for financial crimes against the elderly.
New York is considering a bill that would allow bank workers to refuse a payment request from a senior when they think the person is being exploited. Washington state has had a similar law since 2010 and Delaware Governor Jack Markell gave banks in his state that power last year. Another New York bill would set up a toll-free elder abuse hotline.
States with anti-senior fraud legislation pending listed by Morton are:
Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Iowa, Illinois, Indiana, Kansas, Massachusetts, Maryland, Maine, Minnesota, Missouri, North Carolina, North Dakota, New Jersey, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Vermont and Washington.
Full Article & Source:
30 States Considering Laws To Fight Senior Financial Abuse
Monday, April 20, 2015
Illinois Legislation Update: HB2505 Passes the House, Now Introduced in the Senate!
Rep. David Harris |
Rep. Michael Tryon |
Synopsis As Introduced
Amends the Probate Act of 1975. Provides that a temporary guardian shall have the limited powers and duties (instead of "all of the powers and duties") of a guardian of the person or of the estate which are specifically enumerated by court order.
On 3/25/15, Representative Michael Tryon (R) signed on as Co-Sponsor.
Sen. Steve Stadelman |
Guardianship abuse is a bipartisan issue. Our readers may remember Representative Harris (R) and Senator Stadelman (D) worked together on guardianship reform legislation Senate Bill 1051 last year and that bill passed.
See:
Illinois Representative David Harris Introduces Three Bills in the 2015 Legislative Session
Track the Progress of HB2505
Disbarred Queen Creek probate attorney gets prison for fraud
A disbarred Queen Creek probate attorney has been sentenced to 2 1/2 years in prison for theft and fraudulent schemes.
Maricopa County prosecutors say 69-year-old Rodney Matheson also was
sentenced Friday to seven years of supervised probation after serving
his prison term.
Matheson was disbarred in September 2013 and arrested by Gilbert police in February 2014.
He pleaded guilty to one count of theft and one count of fraudulent schemes.
Matheson originally was charged with two counts of fraudulent schemes
and two counts of theft with investigators accusing him of
misappropriating as much as $6 million.
Prosecutors accused Matheson of orchestrating a shell game by taking
money from two estates to satisfy a court order for payment of $800,000
to the Mayo Clinic, the major beneficiary of a third estate.
Full Article & Source:
Disbarred Queen Creek probate attorney gets prison for fraud
Trusts & Estates Lawyers Are Now Moneymakers: Business of Law
(Bloomberg) -- Trusts and estates lawyers, once second-class citizens at some large corporate firms, have become revenue producers.
And at firms including Loeb & Loeb LLP, McDermott Will & Emery LLP and Katten Muchin Rosenman LLP, the departments, which often include lawyers who specialize in tax as well as trusts and estates, are anything but back-office.
“We are generators of work as well as service providers,” Carol Harrington, the head of the private client practice group at McDermott Will, said in an interview last week.
That work includes estate planning, creating “structures” for charitable giving, and litigation and international work, said Joshua Rubenstein, the head of the T&E practice at Katten Muchin.
In addition, Harrington said, many private businesses are controlled in trust, so these lawyers are often called upon in transactions. To fully advise on deals involving some closely held companies, “You need trust counsel to help with the trust aspects of the business.”
“We’re like Marcus Welby,” Rubenstein said, referring to the iconic family doctor of 1970s television. “We’re generalists: We have to know about areas other than T&E, like tax and real estate. And we have to be able to diagnose people’s problems.”
As wealth escalates among clients, the firms with these practices are also seeing that generalists can be a growth area. The scope of work, whether in forming of trusts, establishing philanthropy or helping in business succession planning in the U.S. or abroad, is expanding.
“To be really good in estate planning you need to be full service to every need a high-net-worth individual might have,” Leah Bishop of Loeb & Loeb explained in an interview last week. She co-heads the firm’s trusts and estates department and charitable giving and tax-exempt organizations practice.
If the T&E lawyers don’t have the expertise, they need to know who to tap within the firm.
With a somewhat limited pool of experienced talent, new lateral hires, with their Rolodexes, are a big deal for these firms. Last week, for example, Loeb & Loeb announced it had hired two attorneys from Caplin & Drysdale Chartered -- Marcus Owens, a former director of the Exempt Organizations Division of the Internal Revenue Service, and Diara Holmes.
Both have joined the firm’s charitable giving and tax-exempt organizations practice, which is part of the trusts and estates practice, as partners in Washington. Loeb & Loeb’s group has approximately 50 lawyers -- out of close to 300 total attorneys.
McDermott Will, for its part, last week said it hired Leigh-Alexandra Basha from Holland & Knight LLP to establish a private client practice in Washington. Basha focuses on domestic and foreign estate and tax planning. Henry Christensen, head of McDermott’s international private client group, said that with the firm’s international and tax practice, Basha’s addition “is a natural fit.”
Lawyers at these firms say the revenue generated by their practices exceeds their headcount.
At Katten Muchin, for example, the approximately 50 people in his group account for more than 7 percent of the firm’s 700 lawyers. The group brings in 12 percent to 15 percent of the firm’s revenue, which doesn’t include cross-referrals within the firm, Rubenstein said.
At McDermott, the trusts and estates lawyers “generate more than 10 percent of the firm’s revenue, but by headcount we are less than 10 percent,” Harrington said. “It’s because we export work to other areas in addition to working hard ourselves.”
Those numbers might tempt other firms, many of which jettisoned their practices years ago, to jump back into the area.
“For the economics to work, you need high-net worth individuals as clients and you need to be a gatekeeper for the rest of their work” to help with whatever needs arise, said Loeb & Loeb’s Bishop. And firms need to understand that these clients don’t want the same “breadth of staffing” that corporate clients will withstand on major litigation or transactions, she said.
In addition, it takes a certain type of lawyer to handle this work.
“We take our clients from birth to death,” Bishop said. “One client told me I was more useful than her therapist. And I do give out my home phone number.”
Full Article & Source:
Trusts & Estates Lawyers Are Now Moneymakers: Business of Law
Sunday, April 19, 2015
Tonight on T.S. Radio: Cary Crittendon, Falsely Charged; Also, Doug Franks/Florida Guardianship Issues
Join us this evening as we expose the persecution and false charges levied against Cary Crittendon in California. Cary is currently held at Elmwood Correctional Facility charged with parole violations (non-specific). A May 4th hearing has been scheduled to allow the prosecutor time to fabricate other charges. The intent? To sentence Cary to a long period in prison for exposing the corruption of a sitting judge with a long history of corruption.
Later in the show: Doug Franks will join us to talk about the recent victim's symposium that took place in Florida where families that had been targeted had an actual opportunity to speak at length about the abuses they had endured at the hands of predatory guardians and the infamous BAR Association, along with the corruption of the probate courts facilitated by hand-picked "judges".
Should be an interesting show!
4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST
LISTEN TO THE SHOW LIVE or listen to the archive later
Later in the show: Doug Franks will join us to talk about the recent victim's symposium that took place in Florida where families that had been targeted had an actual opportunity to speak at length about the abuses they had endured at the hands of predatory guardians and the infamous BAR Association, along with the corruption of the probate courts facilitated by hand-picked "judges".
Should be an interesting show!
4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST
LISTEN TO THE SHOW LIVE or listen to the archive later
T.S. Radio Host Marti Oakley guests on "Chuck Morse Speaks"
1st hour guest: Radio talk show host and activist Marti Oakley discusses how in all 50 states "guardians" lawyers and judges, using "statutes" are abducting wealthy elderly people.
LISTEN to the archive of the show
Can better oversight cure Florida’s guardianship abuses?
Alan Smith |
Guardians are court-appointed advocates who use their “substituted judgment” for the benefit of their incapacitated wards, often frail elderly people suffering from dementia, or people severely impaired by accident or illness.
The Legislature is considering several bills to step up oversight and regulation of court-appointed guardians.
Unfortunately, investigative reporters have found egregious anecdotes of guardians who have milked their wards’ estates by charging exorbitant fees, and occasionally allowing the vulnerable to languish.
The Post’s John Pacenti described the mindset of the bad actors: “Litigate, isolate, medicate and take the estate,” he wrote, quoting Dr. Sam Sugar, an activist.
In 15 counties around the state, including Palm Beach County since 2011, clerks and comptrollers have assigned auditors to review guardians’ charges. But that’s a small fraction of the state.
Anthony Palmieri, with the Palm Beach County Clerk and Comptroller’s Office of Inspector General, audits guardians’ fees here. About 2,800 individuals locally have court-appointed guardians, and their assets are worth about $500 million, he said.
Since 2011, 700 wards’ cases have been audited, Palmieri said, and $4.1 million in fraud, unsubstantiated disbursements, and missing or lost assets has been discovered, he said.
Bills before the Legislature, developed with the help of activists, the Florida Bar and court clerks, should improve the situation statewide, he said.
HB 1225 / SB 1226 would add oversight and consumer protections by creating a new Statewide Public Guardianship Office under the Department of Elder Affairs, and giving it more authority to take complaints, and monitor and discipline guardians.
HB 5 / SB 366 would clarify standards for who can serve as a guardian; make it easier to end guardianship once incapacitation is over; spell out how guardians are to be paid; and allow for mediation in disputes, to minimize attorneys’ fees.
Do you think these bills will help Florida weed out the bad actors from its guardianship program?
Full Article & Source:
Can better oversight cure Florida’s guardianship abuses?
Calif. Unscrupulous Elder Care Referral Agencies Bill Approved by Senate Committee – SB 648
SACRAMENTO, Calif. /California Newswire/ — Senate Bill 648, authored by Calif. Senator Tony Mendoza, was approved this week by the Senate Health Committee. The bill will protect seniors and their families from elder care referral agencies that engage in unscrupulous business practices by strengthening their licensing and financial disclosure requirements. The bill now goes to the Senate Judiciary Committee for consideration.
As the population of aging adults who need specialized medical care and support services has grown in the last several years, there has been an explosion of for-profit businesses that offer referral assistance to seniors and their families to find suitable long term care housing options in extended care, skilled nursing home or intermediate care facilities and residential care facilities.
While these agencies provide a valuable service, current licensing requirements leave room for abuse. For example, some referral agencies advertise their services as free of charge to the consumer.
However, they often contract with care facilities and receive commissions, incentives and bonuses for each senior or family placement. These financial incentives are largely undisclosed to the senior or families being placed, and may lead to a placement that is not helpful and may even be harmful to the patient.
“I want to ensure that seniors and their families are not taken advantage of by strengthening the licensing and financial disclosure requirements for referral agencies. This will help protect against referral agencies that engage in unscrupulous business practices” said Senator Tony Mendoza.
“Seniors and their families who use these services have a right to know what financial relationships may be influencing the referral to a specific nursing home or long term care facility,” said Senator Mendoza. “My bill requires a more transparent process so that seniors will be able to make a more informed decision about what long term care options are available.”
“A decision to find long-term care quickly creates an environment that makes families and seniors more susceptible to pressure, misinformation and unscrupulous business practices,” said Senator Mendoza. “Minimum standards for disclosure are needed to ensure that seniors, and their families, are making the most informed choices when it comes to their long-term assisted care needs.”
In spite of their proliferation, referral placement agencies are largely unregulated in California. Under current law, only certain referral agencies are required to be licensed and there are no requirements for ensuring that referrals are made solely to licensed care facilities. There is a need to address these gaps in current law in order to ensure that every placement agency meets some licensing requirements and financial disclosure requirement and to ensure that seniors are not being referred to facilities that have lost their license to operate in California.
“Referral agencies targeting a senior or family member during one of the most difficult times in their life and profiting from it without full disclosure of their financial interest is just wrong. My bill will end this practice,” said Senator Mendoza.
SB 648 will:
Require a referral agency to disclose any financial interest shared with a care facility, including all fees, commissions received, and other financial benefits resulting from the placement.
Require disclosure of how often a referral agency has inspected a facility; and, a notice advising clients as to where complaints can be directed.
Require the referral agency to protect the medical privacy of seniors by prohibiting the sharing of a client’s personal information.
Require the referral agency to maintain liability insurance, and prohibits the referral agency from holding any power of attorney or property of a client.
Add “residential care facility for the elderly” to the definition of referral agency for licensing purposes.
In 2011, the state of Washington became the first state in the nation to regulate elder placement referrals in response to an investigative report conducted by The Seattle Times. The Times reported that some referral companies did not disclose the commissions they collected from facilities, oftentimes steering seniors to those facilities regardless of the patient’s needs. Agencies also referred patients to facilities with known histories of poor care and neglect, a practice that SB 648 will address.
“The Consumer Federation of California is sponsoring this bill to give the elderly and their families the information they need to make good decisions in difficult times. They have a right to know whether a placement agency is being paid to promote a facility, whether from fees, commissions or other considerations. They have a right to know that a recommendation is based on first-hand observation of a facility over time – actual visits, not public relations or glossy brochures. And they have a right to know what qualifies a placement agency to advise them on such a life-changing decision. Our elders ought to be able to count on these agencies to have their clients’ best interests at heart, not their own profits,” said Richard Holober, Executive Director of the Consumer Federation of California (CFC). Since 1960, CFC has been active in safeguarding the rights of the elderly and all Californians.
Senator Tony Mendoza, a Los Angeles native and former elementary school teacher in East Los Angeles, represents the 32nd Senate District encompassing portions of Los Angeles and Orange Counties. For more information about Senator Mendoza visit his website http://sd32.senate.ca.gov/node/4
Full Article & Source:
Calif. Unscrupulous Elder Care Referral Agencies Bill Approved by Senate Committee – SB 648
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