GAO: Extent of elder abuse from guardians remains unclear

The national extent of elder abuse by guardians is unknown because data are limited on key factors, such as the numbers of guardians serving older adults, older adults in guardianships and cases of elder abuse by guardians, according to a new report issued Wednesday by the Government Accountability Office. The GAO prepared the report at the request of the Senate Special Committee on Aging.

Financial exploitation appears to be one of the most common types of elder abuse by guardians, according to court officials and organization representatives with whom members of the GAO spoke, Kathryn A. Larin, GAO acting director of forensic audits and investigative service, told the Aging Committee at a hearing at which the report was released.

Hearing witness Jaye Martin, executive director of Legal Services for the Elderly in Augusta, ME, told the Aging Committee about a case in Belfast, ME, where an attorney lost his license and was sentenced to 30 months in prison for stealing almost $500,000 from two assisted living residents.

“Both women had appointed the attorney as their financial agent under a power of attorney due to declines in cognitive ability and other medical complications,” she said. “Both had lacked family members to assist with that role. Each believed she was appointing a trusted professional. The thefts were identified by a local bank teller who spotted the questionable transactions and alerted the authorities.”

Most financial exploitation of older adults involves a family member or other trusted person, Martin said. “It is very common for the perpetrator to have obtained legal authority through a POA, guardianship or conservatorship,” she added.

One study puts the annual national cost of financial exploitation at $36.5 billion, Martin said, adding: “It is time to collect data on these abuses on a national basis, and a good place to start is with the state courts and guardianships and conservatorships.”

Larin noted that the Department of Health and Human Services plans to launch the National Adult Maltreatment Reporting System — a national reporting system under development since 2013 and based on data from state Adult Protective Services agency information systems — by early 2017. 

“According to HHS and its contractor, this system has the capability to collect information that could specifically help identify cases of elder abuse where a guardian was involved,” she said.

The GAO also identified state and local initiatives to capture key data points and complaint data as well as identify “red flags,” such as unusually high guardian fees or excessive vehicle or dining expenses, Martin said. Some states have undertaken screening, education, monitoring and enforcement efforts to protect older adults from abuse by guardians, she added.

The federal government does not regulate or directly support guardianship, Martin noted. Rather, state and local courts have primary responsibility over the guardianship process.

“But federal agencies may provide indirect support to state guardianship programs by providing funding for efforts to share best practices and facilitate improved coordination, as well as by sharing information that state and local entities can use related to guardianship,” she said.

The GAO's report shows that progress is being made, said Sen. Susan Collins (R-ME), chairwoman of the Aging Committee, “but much more needs to be done to put best practices in place to oversee guardians and create the tools needed to uncover potential abuse in time to stop it.”

The committee's ranking member, Sen. Claire McCaskill (D-MO), noted that the GAO report identified steps that states can take to protect seniors from guardianship arrangements that are bad for them.

“For example, state courts should do their due diligence to make sure that a guardian is truly needed for an individual before one is appointed,” she said. “Allowing seniors to remain in the least-restrictive option can protect the individual while also maintaining as much freedom as possible.
Additionally, state courts should periodically re-examine whether guardianships are working well for both parties over the course of the arrangement, and make adjustments where necessary.”

Full Article & Source:
GAO: Extent of elder abuse from guardians remains unclear

Elder Abuse Often Missed In ER

FRIDAY, Nov. 25, 2016 (HealthDay News) -- About 10 percent of American seniors suffer elder abuse, yet the problem is often missed in hospital emergency departments, a new study finds.

Researchers reviewed national data and found that emergency doctors make a formal diagnosis of such cases in only 1 of 7,700 visits by seniors.

"These findings indicate that the vast majority of victims of elder abuse pass through the emergency department without the problem being identified," study senior author Dr. Timothy Platts-Mills, an assistant professor of emergency medicine at the University of North Carolina's School of Medicine, said in a school news release.

"Emergency physicians strive to make sure that for each patient who comes through the door, all serious and life-threatening conditions are identified and addressed. For elder abuse, EDs across the country are falling short," he added. Platts-Mills is also co-director of the division of geriatric emergency medicine at the university.

The authors of the study noted that victims of elder abuse typically don't receive routine care from a primary care doctor and often depend on the emergency department.

Each year in the United States, seniors make more than 23 million emergency department visits. That means emergency departments can play an important role in identifying elder abuse and taking steps to ensure the safety of these patients and fulfill their unmet health care needs, according to the researchers.

Identifying elder abuse can be difficult. Seniors who are physically frail or have mental impairment are prone to injury and may have difficulty caring for themselves, Platts-Mills explained.

"It can be very difficult distinguishing whether a bruise is from a fall or physical abuse, or whether poor hygiene is a result of a patient asking to be left alone or the result of overt neglect on the part of a care provider," he said.

"But those difficulties don't change the reality that elder abuse is common, takes a tremendous toll on its victims, and is frequently missed," Platts-Mills concluded.

Full Article & Source:
Elder Abuse Often Missed In ER

3 Ways to Respond When Someone with Alzheimer’s Says I Want to Go Home

When someone with Alzheimer’s says I want to go home

Hearing seniors say “I want to go home” over and over again is something Alzheimer’s and dementia caregivers often deal with. It’s especially frustrating to hear when they’re already home.

The big question is how to respond in a way that calms them down and helps them let go of the idea. First, it helps to understand why they’re saying this and what they really mean. Next, do your best to not take it personally so you can stay calm too.

3 ways to respond to “I want to go home”

Use these three methods to respond when you hear “I want to go home.” They’re soothing and help you avoid big fights.

These suggestions will put you on the right track, but be prepared to get creative. Not everything you try will work the first time. And even if something works once, it might not work every time. Don’t get discouraged! This gets easier with practice.

1. Reassure and comfort

Approach your older adult with a calm, soothing, and relaxed manner. They’ll pick up on your body language and tone of voice and will subconsciously start to match you. If you’re calm, they’ll get calmer too.

Sometimes saying “I want to go home” is how your senior tells you they’re tense, anxious, or scared and need extra comfort. If they like hugs, this is a good time for a big one. Others may prefer gentle touching or stroking on their arm or shoulder or simply having you sit with them.

Another way of giving extra comfort and reassurance is to give them a soft blanket or stuffed animal to cuddle.

2. Avoid reasoning and explanations

Don’t try to explain that they’re in their own home, assisted living is now their home, or they voluntarily moved in with you 3 years ago.

Trying to use reason and logic with someone who has a brain disease will only make them more insistent, agitated, and distressed. They won’t be able to process that information and will only sense that you’re preventing them from doing something they feel strongly about.

3. Agree, then redirect and distract

This is a challenging technique, so don’t beat yourself up if the first few attempts don’t work perfectly. Being able to redirect and distract is a skill that improves with practice.

First, agree
Agree by saying something like “Ok, we’ll go soon.” or “That’s a good idea. We’ll go as soon as I clean up these dishes.”

Then, redirect and distract
After agreeing, subtly redirect their attention. This redirection should lead into pleasant and distracting activities that take their minds away from wanting to go home.

For example, you could gently take their elbow while saying “Ok, we’ll go soon” and walk down the hall together to a big window or to the kitchen. Point out some of the beautiful birds and flowers outside or offer a snack or drink they’ll like. Later, casually shift to another activity that’s part of their daily routine.

Another example is saying “Ok, let’s get your sweater so you won’t be cold when we go outside.” Then, while you’re both walking and chatting about something pleasant, stop for a cup of tea or get involved in an activity they enjoy.

Or, ask them to tell you about their home. After a while, guide the conversation to a neutral topic. Asking about their home validates their feelings, encourages them to share positive memories, and distracts them from the original goal of going home.

Open questions that encourage them to share their thoughts work well. For example:

• Your home sounds lovely, tell me more about it.
• What’s the first thing you’re going to do when you get home?

If nothing is working…

Sometimes, your older adult will be stubborn and refuse to let go of the idea of going home no matter how much you try to soothe or redirect. 

If that happens, you might want to take them on a brief car ride. Experiment with how far and how long you need to drive before you can go back to where they live without protest. Or, suggest a stop at the ice cream parlor for a nice (distracting) treat!

Even if it’s not possible to actually take them out or get into the car, the actions of getting ready to leave can be soothing because it shows that you believe them and are helping to achieve their goal. Meanwhile, the activities of getting ready give you more chances to redirect to something else.

Bottom line

“I want to go home” is usually a request for comfort rather than asking to go somewhere. When responding, the goal is to reduce your older adult’s anxiety and fear so they can let go of the idea.

This terrible disease forces seniors to live in their brain’s version of reality. The best thing you can do is step into that reality, focus on comfort and reassurance, and respond to the emotions behind their request.
 
Full Article & Source:
3 Ways to Respond When Someone with Alzheimer’s Says I Want to Go Home

Families feel steamrolled as estates disappear

Editor’s note: Investigative journalist Diane Dimond, whose weekly syndicated column on crime and justice appears in the Journal, is preparing a book on the nation’s elder guardianship system. It’s a system designed to protect the elderly from the unscrupulous. But as Dimond discovered, it can be dominated by a core group of court-appointed, for-profit professionals who are accused of isolating family members and draining the elders’ estates. New Mexico is no exception.

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This is the final installment of a five-part Albuquerque Journal series:  Who Guards The Guardians?

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Blair Darnell died on Nov. 18, 2015, at the age of 85. After a lifetime spent as a cowgirl and raising champion quarter horses with her husband, Casey, the last five years of her life were spent under a court-ordered guardianship and conservatorship program approved by District Judge Beatrice Brickhouse.

After Blair Darnell’s eldest daughter, Kris Darnell-Kreger, disagreed with her siblings about what was best for their widowed mother and took the matter to court in January 2010, the once close-knit family fractured.

Blair, suffering early stages of dementia, was declared “incapacitated” by Judge Brickhouse, who appointed a team of for-profit professionals to, literally, take over every facet of Blair Darnell’s life. As a “ward” of the court, Mrs. Darnell lost her civil rights to make her own decisions.

The Darnell estate, estimated at $5 million when the court stepped in, dwindled to less than $750,000. The monies were spent to pay for Blair’s simple living expenses – even though she had trust and Social Security income – and for a team of court-appointed guardianship professionals. The finances were administered by a powerful court-appointed conservator named Darryl Millet.

Today, Casey and Blair Darnell’s three youngest children – Cliff, Emily and Mary – continue to seethe about how their parent’s beloved 17-acre ranch was divided up, dismantled and finally sold off without their consent by conservator Millet – even though a family trust was in place. Kris Darnell-Kreger has declined Journal requests to be interviewed.

Millett told the Journal he was faithful in his duties to do what was best for Blair Darnell. Court officials said Judge Brickhouse could not comment on the case.

The Darnells’ cherished childhood ranch was a prime bosque property with an extensive pasture and access to the Rio Grande. It has been described as beautiful, unique and supportive of migratory bird habitat. The events that led to the family’s losing the property can be tracked by court documents and other information uncovered by the Journal during a 10-month investigation. It is a complicated legal trail that, the three Darnell siblings say, was fraught with emotion and frustration and was extremely expensive for them to traverse.

The Darnell property was sold to a buyer in the fall of 2013 in what

the family said was a “sweetheart” deal. The buyer sold it in April 2015

to the New Mexico Game and Fish Department for double the price. 

(Dean Hanson/Albuquerque Journal)

Property sale

On March 20, 2013, Darryl Millet filed a motion with Judge Brickhouse requesting a hearing to approve his plan to sell the bulk of the Darnell ranch, about 15 acres. Under rules of the Uniform Probate Code, all guardian proceedings in New Mexico are strictly sequestered, kept secret, to protect the privacy of the ward.

Despite the secrecy, and the rule that a conservator may act independently of the family and is only required to report to the judge, Cliff, Mary and Emily Darnell learned that Millet had received a $1.54 million offer on the property from a man named Jay Rembe. Mary, who has had her real estate license for 20 years, felt that price was way too low. Through her attorney, Mary let the judge know of her professional opinion and that there was someone ready to offer much more for the ranch.

• On April 8, 2013, a sworn affidavit was filed with the court informing the judge that the Darnells’ longtime neighbor, Denny Gentry, was prepared to offer $1.7 million for the 15-acre plot held in Casey Darnell’s “A” Trust. Gentry told the court he had expressed an interest in buying the property years earlier and that Blair Darnell had “indicated that when the property was listed, we would have first right of refusal against any offer.”

• On April 10, Mary Darnell asked the court to hold a hearing on the matter. The next day, she filed an emergency motion to force the conservator to reveal documents related to his proposed sale.

• On May 13, Judge Brickhouse held a closed hearing on conservator Millet’s motion for approval of sale. Also on this day, Cliff Darnell filed his opposition to the proposed plan.

• On June 25, after a flurry of back-and-forth pleadings and affidavits, Judge Brickhouse approved the $1.54 million offer from Rembe.

Despite that, there was no sale at this point. Because there is no transparency in this process, there is no public information available to explain why a higher offer was not pursued. And there is no way to determine why both the $1.54 million offer and the $1.7 million proposal ultimately fell through.

Mary Darnell with her partner, Dick Churchill, and their son, Casey. Mary

was the primary caregiver for her mother, Blair Darnell, until her mother

was placed under state guardianship. (Courtesy of the Darnell family)

‘Suspect’

On July 31, Mary Darnell, confused and concerned about the process, received an opinion from a real estate lawyer she consulted about the conservator’s fiduciary responsibility to her family. In an email reviewed by the Journal, the Albuquerque attorney wrote that after reviewing all the information Mary had sent, he considered the sale proposal Millett had submitted to the court to be “suspect,” and said Millet should have engaged a Realtor as an independent third party.

In his letter to Mary Darnell, John Lieuwen wrote, “It is blackletter law that a trustee owes a fiduciary duty to both the present income beneficiary (Blair Darnell) and the remaindermen (the heirs). Even if the trustee’s primary charge is the current beneficiary, he cannot do anything which will compromise the remaindermen’s interest.”

On Oct. 29, Mary, with the blessing of brother Cliff and sister Emily, filed a motion asking Judge Brickhouse to require Millet to produce financial information or, in the alternative, to remove him as conservator/trustee.

The next day, before the judge could consider the motion, Millet closed on a deal to sell the Darnell ranch to Tom L. Stromei for the even lower price of $1.4 million.

According to the purchase agreement, the sale included the entire ranch – all 17 acres, including Blair Darnell’s home and the two-acre parcel on which the home still sits. This, even though the two-acre parcel and home were protected separately in the family’s “B” Trust.

Included in the cash deal was a life estate deed allowing Blair to remain in her home on a fenced-in, one-acre parcel until she died. Upon her death, the home and land would automatically pass to Stromei.

The three youngest Darnell children call it “a suspect, sweetheart deal,” but they were powerless to stop it.

When contacted by the Journal, Stromei said he knew nothing about the back story of the land. “The property was put on the market by a real estate broker, and I purchased the property, and that’s the end of it,” he said. Stromei said he had never had any other dealings with conservator Millet, and as the conversation abruptly ended, he added, “I don’t appreciate the accusations those people make around here.”

At the beginning of the Darnell saga, Kris Darnell-Kreger’s attorney, Greg MacKenzie, provided a verified petition to the court saying the Darnell land was worth some $300,000 an acre. That’s about $5.1 million.  (Click to Continue)

Full Article & Source:
Families feel steamrolled as estates disappear

See Also:
Who Guards the Guardians?  Part One

Who Guards the Guardians?  Part Two

 Who Guards the Guardians? Part Three

Who Guards the Guardians?  Part Four

Woman Stole $87K From Mom in Wayne Nursing Home: AG

WAYNE, NJ — A California woman is accused of stealing more than $87,000 from her elderly mother living in a Wayne nursing home, said state Attorney General Christopher S. Porrino.

Pamela M. Land, 68, allegedly used the power of attorney she had over her mother's money to drain the woman's bank account rather than make the monthly payments to the nursing home.

Land allegedly stole the more than $87,700 from May 2013 to January 2016, authorities said.

She allegedly used the money for shopping sprees and racked up debt on her credit cards. She also allegedly used the money to pay for her daily expenses, Porrino said. The elderly woman had given Land oversight of the money to fund her stay at the nursing home.

Land was indicted on charges of misapplication of entrusted property and theft by unlawful taking, both second-degree offenses.

“Stealing the life savings of an elderly person is reprehensible, but it’s especially gut wrenching when the crime is committed by the ailing victim’s own daughter,” Porrino said in a statement.

Land faces a maximum of 20 years in state prison and a $150,000 fine if she is found guilty of the charges.

Full Article & Source:
Woman Stole $87K From Mom in Wayne Nursing Home: AG

Springfield Advocate Testifies At Senate Aging Hearing

Pushing to better protect seniors from neglect and abuse by court-appointed guardians, Missouri Senator Claire McCaskill helped lead a hearing on this topic today.

Jessica Kruse with Ozarks Elder Law in Springfield testified that many judges and clerks, especially in rural areas, can’t oversee every move by guardians.

Medical wishes, family support, and money are all on the line.

"Funding for monitoring programs is one area where the federal government can assist and reduce financial abuse in guardianship cases," said Kruse.

Kruse says, especially in rural areas, the systems are strained.

"It is very difficult for the judges and clerks to keep tabs on each guardian and conservator in their jurisdiction.  In addition to this, each state has it's own statutory system for guardianships that are carried out inconsistently within each county and each state," added Kruse.

The Senate Aging Committee hearing was led by Missouri Democratic Senator Claire McCaskill and Maine Republican Senator Susan Collins.

 According to the most recent published statistics, the Missouri Department of Health and Human Services received over 17,000 initial reports of abuse, neglect, and financial exploitation of seniors in one year. It’s unclear how many of these cases involve financial exploitation specifically.

Pointing to a recent report recommending better inter-governmental communication, McCaskill asked, “The problem is, when Social Security finds out there is fraud they are not sharing that information with state courts, even though they share it with other federal agencies—what’s the rationale for that? The (Social Security Administration) have caught someone ripping someone off, what in the good lord’s name are they doing keeping that information from state authorities?”

Full Article & Source:
Springfield Advocate Testifies At Senate Aging Hearing

Family members feel helpless when court takes control

Editor’s note: Investigative journalist Diane Dimond, whose weekly syndicated column on crime and justice appears in the Journal, is preparing a book on the nation’s elder guardianship system. It’s a system designed to protect the elderly from the unscrupulous. But as Dimond discovered, it can be dominated by a core group of court-appointed, for-profit professionals who are accused of isolating family members and draining the elders’ estates. New Mexico is no exception.

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This is the fourth installment of a five-part Albuquerque Journal series:  Who Guards the Guardians?

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A person might take great care in planning his or her final years. How they want to spend their money, or whom they want to give it to.

But for those elderly who are declared incapacitated and become “wards” of the court under New Mexico’s guardianship system for the elderly, they will have little – if any – say in how their money is spent and whether there is any left for their heirs or others they wanted to give it to.

Set up to protect the most vulnerable elderly citizens, the system has helped countless New Mexico families deal with the care of their aging and mentally challenged loved ones, even in the face of emotional family conflict.

But the system is steeped in secrecy, and the judge who presides over the civil division at state District Court in Albuquerque admits court appointees are allowed to operate on an honor system because of the heavy caseload and lack of court resources.

Once the elderly person is declared incapacitated, the system enlists a group of lawyers, a guardian, conservator, various caretakers, a health care professional and what’s called a court visitor – all paid for out of the elder’s estate. The appointed conservator pays all the bills.

Judge Shannon Bacon

Court appointees have been known to earn well into six-figure salaries, per case, depending on the longevity of the ward.

District Judge Shannon Bacon told the Journal that eight of the 10 judges who hear such cases in Albuquerque currently handle a caseload totaling more than 1,000 cases each.

A 10-month investigation reveals the extraordinary power and control some of these for-profit court appointees exercise over their wards.

Once the elderly people are labeled “incapacitated,” they immediately lose their civil rights. They can no longer travel alone, vote, enter contracts, decide who their doctors will be, who can visit their home or how to spend their own money. All those decisions are made by the guardian and conservator.

Many court appointees are part of a cottage industry of elder care service providers whose names repeatedly cropped up during the Journal’s discussions with unhappy and frustrated family members.

The family members say they have been pushed aside, falsely accused of neglecting or stealing from their loved one, denied the right to defend themselves against false accusations and in some cases barred from seeing their parent during their final stage of life. These family members also say it is painful and gives them a sense of helplessness as they watch their parent’s end-of-life plans being revoked and their estates drained to pay for services they don’t believe are needed.

Under vaguely written sections of the Uniform Probate Code, all proceedings in these elder guardianship cases are sequestered, held in strict secrecy, to protect the privacy of the ward. All involved, from family members and lawyers to guardians and caretakers, are warned they may face fines and/or disciplinary action if they speak about their case to anyone. Despite the restrictions, several families said they felt compelled to come forward to tell their stories.

Controversial conservator

Albuquerque lawyer Darryl Millet is a frequent court appointee serving as both a conservator and a trustee. He is no stranger to controversy. Members of several different families who have had contact with Millet accuse him of sloppy accounting, questionable business and real estate practices, and arrogant and bullying tactics against both the ward and relatives – even threats of arrest.

Darryl Millet

Millet told the Journal the sequestration rule prohibits him from fully discussing most cases. He insists his job is not to focus on what the family wants but, rather, on what is in the best interest of the ward. He said the complaints against him are an “unfair characterization.”

“I have worked very hard all my life as an attorney to be honest and straightforward,” Millet said. “I have a great reputation with the judges and other attorneys in town. When I am appointed as conservator, the reason … is because the family members have shown they are untrustworthy with respect to their parent’s money.”

Millet says there are only four dissatisfied women who don’t like him because he “didn’t give them what they wanted … and now they are smearing me all over the internet.”

Millet has gotten two websites devoted to complaints against him taken down.

Mary Darnell, a daughter of one of his wards, says that a few months after her mother died she was pressured to remove a negative online comment she had posted about Millet’s professional conduct.

On Jan. 12, 2016, Millet wrote an email to her lawyer, Patrick Westerfield, saying, “Here is one … posting from Mary Darnell that must be dealt with.” Fearful that the conservator Millet might hold up final disposition of her mother’s estate, Mary says, she relented and removed the post.

It would take another eight months before the estate was finally settled.

Westerfield has refused several requests for an interview and in a recent email wrote, “The problems with the Guardianship system are prime examples of problems with the entire civil litigation system in New Mexico and beyond. I do believe it is a violation of the rules of ethics for me to discuss with you my representation of any current or former clients.”

In another set of emails obtained by the Albuquerque Journal, dated Oct. 30, 2013, attorney Millet appears annoyed at the daughter of a deceased ward who asked for clarification of her mother’s $5,000 funeral expense. She notes that the $1,000 cremation fee was prepaid and the services were held at her mother’s home, so no extra costs should have been charged. She writes again to say she wants to come by his office to collect a $216 check to cover the cost of printing and mailing out her mother’s memorial service announcement.

Millet’s response to this woman who had recently lost her mother: “As to your argumentative and occasionally insulting emails, if they continue, I will block your incoming emails. If that happens, you will have to rely on the US mail to communicate with me. Further, you are prohibited from coming to my office for any reason without my prior permission. If you disregard this instruction, you will subject yourself to a criminal trespass charge.” (Click to Continue)

Full Article & Source:
Family members feel helpless when court takes control

See Also:
Who Guards the Guardians?  Part One

Who Guards the Guardians?  Part Two

 Who Guards the Guardians? Part Three

New GAO Report on Guardianship: "ELDER ABUSE: The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults"

The extent of elder abuse by guardians nationally is unknown due to limited data on key factors related to elder abuse by a guardian, such as the numbers of guardians serving older adults, older adults in guardianships, and cases of elder abuse by a guardian. Court officials from six selected states GAO spoke to noted various data limitations that prevent them from being able to provide reliable figures about elder abuse by guardians, including incomplete information about the ages of individuals with guardians. Officials from selected courts and representatives from organizations GAO spoke to described their observations about elder abuse by a guardian, including that one of the most common types appeared to be financial exploitation. Some efforts are under way to try to collect better data on elder abuse and guardianship at the federal, state, and local levels to support decision making and help prevent and address elder abuse by guardians. For example, the Department of Health and Human Services (HHS) plans to launch the National Adult Maltreatment Reporting System—a national reporting system based on data from state Adult Protective Services (APS) agency information systems by early 2017. According to HHS and its contractor, this system has the capability to collect information that could specifically help identify cases of elder abuse where a guardian was involved. GAO also identified state and local initiatives to capture key data points and complaint data as well as identify “red flags” such as unusually high guardian fees or excessive vehicle or dining expenses.

The federal government does not regulate or directly support guardianship, but federal agencies may provide indirect support to state guardianship programs by providing funding for efforts to share best practices and facilitate improved coordination, as well as by sharing information that state and local entities can use related to guardianship. State and local courts have primary responsibility over the guardianship process and, as such, have a role in protecting older adults with guardians from abuse, neglect, and exploitation. Measures taken by selected states to help protect older adults with guardians vary but generally include screening, education, monitoring, and enforcement.

What the GAO Found: ELDER ABUSE:  The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults

Read the GAO's report:  ELDER ABUSE:  The Extent of Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults

Watch the Senate Special Committee on Aging Hearing: "Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power" 

Abuse of the Elderly by Guardians Often Takes the Form of Financial Exploitation

When guardians harm the elderly person they're looking after, they often do it by targeting the victim's wealth, according to a federal report released on Wednesday.

The Government Accountability Office study cited eight cases in six states involving elder abuse by a guardian. Each of them involved financial ripoffs. Penalties and restitution ordered by courts ranged from $20,000 to $160,000.

“Officials from selected courts and representatives from organizations GAO spoke to described their observations about elder abuse by a guardian, including that one of the most common types appeared to be financial exploitation,” the GAO report states. “A prosecutor in one of the states we spoke to shared her observation that the majority of financial exploitation by professional guardians is done through overcharging for services that were either not necessary or were never performed.”

“Guardians should be protecting seniors, not stealing from them,” said Sen. Susan Collins, R-Maine and chairman of the Senate Aging Committee. The GAO study was released at a panel hearing on Wednesday.

Full Article and Source:
Abuse of the Elderly by Guardians Often Takes the Form of Financial Exploitation

Family members say they were shut out

Editor’s note: Investigative journalist Diane Dimond, whose weekly syndicated column on crime and justice appears in the Journal, is preparing a book on the nation’s elder guardianship system. It’s a system designed to protect the elderly from the unscrupulous. But as Dimond discovered, it can be dominated by a core group of court-appointed, for-profit professionals who are accused of isolating family members and draining the elders’ estates. New Mexico is no exception.

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This is the third installment of a five-part Albuquerque Journal series:  WHO GUARDS THE GUARDIANS?

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Blair and her husband, Clarence “Casey” Darnell, loved horses. They met in the late 1950s when Blair, a handsome, vibrant transplant from New Orleans, attended the University of New Mexico’s anthropology program.

She and her 2-year-old daughter, Kris, visited the Darnell stables to buy a horse. But after the animal tossed Blair, she took it back, demanding that Casey break the horse or give her a refund.

Casey, a World War II bomber pilot, was smitten by Blair’s spirit. They married at a friend’s North Valley home on Jan. 27, 1958. Casey adopted little Kris, and the couple started their own family on the 17-acre Darnell ranch nestled in the bosque (near what is now Coors and Paseo del Norte), where champion quarter horses were raised and trained. They had three children on that ranch: Cliff, Emily and Mary, in that order.

“My mother was active in 4-H and took in lots of wayward kids to come work the ranch,” Mary Darnell recalls. “My dad was vice president of the American Quarter Horse Association and was inducted into the Quarter Horse Hall of Fame in 2009.” Casey Darnell died in August 2001.

ABOVE RIGHT: Casey Darnell and his children sometime in the 1960s.
Clockwise from right, Mary, Emily, Cliff and Kris Darnell. TOP LEFT:
A few of the trophies and awards the Darnell horses accumulated over
the years. BOTTOM LEFT: Blair Darnell remained active until her later
years. Here, she returned to New Orleans to mark the 50th anniversary of
being crowned “Queen of Proteus.” INSET: Casey Darnell
(Courtesy of the Darnell Family)

Not long after her husband passed away, Blair was kicked by a horse and hit her head on a railroad tie when she fell. She was unconscious for about 30 minutes, but in her tough cowgirl fashion, refused medical treatment. In later years, Mary came to believe their mother’s forgetfulness was a byproduct of a brain bleed suffered during that accident.

Brother Cliff remembers he and his half-sister, Kris Darnell-Kreger, taking their mother to a doctor in 2005 or 2006 and being told she displayed early signs of dementia, not Alzheimer’s. Nevertheless, no one denied Blair was having cognitive difficulties in her later years and needed assistance.

Emily and Mary say they were more than willing to help care for their mother but say they were shut out after Kris got the court involved. Kris Darnell-Kreger has declined several requests to be interviewed for this story.

Under the Uniform Probate Code, proceedings in elder guardianship cases are sequestered, meaning none of the parties is allowed to speak about the case.

But the Journal has learned that on Jan. 6, 2010, a petition was filed in the court of Judge Beatrice Brickhouse by attorney Gregory MacKenzie on behalf of daughter, Kris. In it, he painted a dire picture of 78-year-old Blair Darnell’s situation. The petition accused Mary, her mother’s primary caregiver, of seriously neglecting her mother’s medical needs and “self-dealing” by directing her mother into questionable financial transactions. MacKenzie also accused Emily and Cliff of less serious actions that adversely affected their mother.

The next day, Judge Brickhouse granted the petition, appointed a temporary guardian/conservator, a so-called court visitor and a psychologist to perform a neuropsychological exam of Blair Darnell. She had not appeared before the judge but was immediately referred to in court documents as “an adult incapacitated person.” No hearing was ever held to determine whether any of the allegations against the adult children was true.

By Jan. 7, the system was in full motion and Blair Darnell would lose all ability to control the final years of her life.

In the original petition, Judge Brickhouse was told that Mary lived on the Darnells’ 17-acre ranch free of rent and owed her mother more than $200,000.  (Click to Continue)

Full Article & Source:
Family members say they were shut out

See Also:
Who Guards the Guardians?  Part One

Who Guards the Guardians?  Part Two

Press Release: Senator McCaskill Protecting Missouri Seniors

WASHINGTON –- U.S. Senator Claire McCaskill is continuing her bipartisan push to ensure that Missouri seniors are protected from neglect and abuse by legal guardians, enlisting the help of a witness from southwest Missouri. Jessica Kruse, from Ozarks Elder Law in Springfield, Missouri will testify at a McCaskill hearing on Wednesday focusing on preventing abuse by individuals who are court-appointed guardians.

Ms. Kruse will also discuss some of the challenges that local law enforcement and prosecutors in Missouri face when attempting to combat elder financial abuse. The hearing will take place in the Senate Aging Committee, which is led by McCaskill and Republican Senator Susan Collins of Maine.

Last year McCaskill asked the Government Accountability Office (GAO) to update a report it issued in 2010 which found examples of serious abuse, particularly by individuals who make their livings as professional guardians. In conjunction with the hearing, GAO will publicly release its report titled “Elder Abuse: The Extent of Abuse by Guardians Is Unknown, but Some Measures Exist to Help Protect Older Adults.”

Senate Aging Committee Hearing: “Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power”
WEDNESDAY, November 30
1:30 p.m. CT, Dirksen Senate Office Building 562

Witnesses for the hearing will also include Kathryn Larin, Acting Director; Forensic Audit and Investigative Services Team, Government Accountability Office; Cate Boyko, Manager of the Minnesota Conservator Account Auditing Program; Jaye Martin, Main Legal Services for the Elderly.

Source:
Press Release:  Senator McCaskill Protecting Missouri Seniors

Senate Special Committee on Aging Hearing Today on Guardianship Abuse

"Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power"

Date: Wednesday, November 30, 2016
Time: 02:30 PM
Location: Dirksen Senate Office Building 562
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Source:
Free download of "Stealing Home: A Con's Guide to Inheritance Theft

Cottage industry of guardians, conservators and caretakers can quickly drain estates

Editor’s note: Investigative journalist Diane Dimond, whose weekly syndicated column on crime and justice appears in the Journal, is preparing a book on the nation’s elder guardianship system. It’s a system designed to protect the elderly from the unscrupulous. But as Dimond discovered, it can be dominated by a core group of court-appointed, for-profit professionals who are accused of isolating family members and draining the elders’ estates. New Mexico is no exception.

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This is the second installment of a five-part Albuquerque Journal series - Who Guards the Guardians?

When a family dispute over what to do with an elderly parent winds up in a New Mexico court, the lives of all involved can change dramatically.

It begins when a lawyer representing a family member, often a son or daughter, who is seeking the court’s involvement files a petition asking a district judge to appoint a guardian and a conservator to take over the elder person’s affairs.

What many families don’t initially realize is just how much power these court appointees have over the elderly “wards of the court.”

During a 10-month investigation of elder guardianship cases in New Mexico, the Journal heard consistent complaints.

Family members who did not initiate the proceeding said they were shut out of the process and their loved one was almost immediately isolated by court-appointed strangers. These adult children of wards were stunned to learn their parent’s hard-earned estate was used to bankroll the entire process, a cottage industry of for-profit elder care service providers.

Fee after fee

Among the first bills paid for by the incapacitated elder is the hourly fee for those newly appointed to run his or her life. It is routine for a New Mexico attorney associated with this type of case to earn $300 an hour or more, a guardian and conservator about $200 an hour each.

According to lawyers familiar with the system, the elder – frequently pre-diagnosed with some sort of diminished mental capacity – also must pay for his or her own neuropsychological exam by what’s called a qualified health care professional. That routinely costs close to $1,000.

The costs for a court visitor, the court appointee who helps investigate the family dynamic, can run about $2,000 a month. Payments to one court visitor reviewed by the Journal topped more than $14,400. Initial costs for all these professionals add up quickly, and the appointees become inexorably enmeshed in the elder’s care.

Once those for-profit professionals are in place, they communicate with the judge about their findings and ask permission to take certain major actions, such as liquidating the senior’s stocks or moving the ward to a different living arrangement.

In some cases, the elder’s house is sold and the person is moved to a care facility, chosen by the court appointees. If they are allowed to stay in their home, they then must pay the cadre of support personnel the guardian and conservator are allowed to hire: in-home caretakers, personal shoppers, dog walkers, landscapers, pool maintenance companies and messenger or delivery services.

In one case reviewed by the Journal, a daughter of a now-deceased elderly man who became a ward of the court says her father was charged for both a dog walker for his tiny Yorkie and a separate service that picked up the dog’s waste. She says he also paid for pool maintenance for a backyard pool no one used and a messenger service to pick up his prescriptions at a nearby pharmacy that offered free delivery.

Several family members say supervision of the extra personnel is lacking.

“My mother was routinely fed a diet of McDonald’s and Taco Bell,” one woman said about her now-deceased mother. “Where the hundreds of dollars in groceries we paid for went is anyone’s guess.” She also complained that of the dozens of caretakers in and out of her mother’s home, “some fell asleep on the job, items disappeared from the home and some even wore Mom’s clothes. There was no one to complain to because the guardian and the conservator wouldn’t talk to me.”

The conservator handling the estate of a 78-year-old woman who lived on a ranch in Albuquerque’s bosque used her money to install satellite TV after caretakers complained the elderly woman’s television didn’t get enough channels. Conservator records reflect the monthly charge of nearly $90.

Nancy Oriola is the CEO of Decades LLC, an elder care agency that accepts court appointments to act as elder guardians and/or conservators and handled that case. She told the Journal that Decades hires various outside caretaker agencies and admitted that “from time to time, we may encounter a problem with an employee from an agency. But when those problems occur, we try diligently to rectify the issues.”

It is not unusual for in-home care to drain an estate of more than $120,000 a year. One attorney claimed the cost of care for his client’s wealthy parent who had been declared incapacitated topped $600,000 in one calendar year.

“The home care costs were absolutely unconscionable, insane,” according to this Albuquerque lawyer, who is familiar with the process. “The annual cost was in the hundreds of thousands of dollars for this woman to stay in her own home,” he said. An example he offered were the supermarket bills – “$400 worth of groceries a week … for a 98-pound lady,” he said. “That’s $1,600 a month!” (Click to Continue)

Full Article & Source:
Cottage industry of guardians, conservators and caretakers can quickly drain estates

See Also:
Who Guards the Guardians, Part One

Defining the players

ALBUQUERQUE, N.M. — It is important to understand the various players in a case involving an incapacitated person. Among the positions a New Mexico District Court judge appoints:

Guardian Ad Litem 

The court appoints an attorney to represent the person alleged to be incapacitated. They are present at court proceedings to speak on behalf of the potential ward and inform the court as to what they believe is in the potential ward’s best interest.

 

Court Visitor

This person is usually a social worker or for-profit care manager who evaluates the potential ward, determines what they are capable of doing and what daily activities they need help with. They present their findings about family dynamics to the court and make a recommendation on whether a permanent guardian should be appointed.

Qualified Health Care Professional

A physician, nurse practitioner, psychiatrist or a neuropsychologist is assigned to determine the level of mental and physical impairment and make a report to the court. In New Mexico, such a report is routinely ordered even if the elder has already been determined to have dementia.

Permanent Guardian

This person is appointed after an initial 60- to 90-day assessment to make decisions about a ward’s medical care, where they will live, what kind of care they will receive and who will provide that care. After hiring in-home caregivers, the guardian often relies on their firsthand reports about conditions in the home, especially family relationships with the ward. A guardian can be a for-profit corporation or an individual, such as a family member.

Conservator

This appointee can be a bank, corporation or an individual. The conservator handles all of the ward’s finances. They pay the monthly bills, maintain the ward’s home and property, manage the estate investments and make decisions about what the ward’s future care needs might be, ensuring there are enough assets in place to pay for that care. The conservator, working with the guardian, can also hire companies to provide services for the ward.

Caregiver

This position is determined by the guardian, who hires the necessary number of staff to provide the ward with in-home care. Caregivers are assigned to wide-ranging tasks, from providing simple companionship and light meal preparation to constant bedside monitoring with responsibility for dispensing medicines. They are usually provided by a company, which bonds the employees and conducts background checks.

Full Article & Source:
Defining the players

Who guards the guardians?

On the late afternoon of Jan. 8, 2010, Mary Darnell was in her small ranch home in Albuquerque’s bosque, indulging a cousin who was practicing her sales pitch for Ginsu knives.

Mary, one of four Darnell children, had moved back to the 17-acre horse ranch where she had grown up to become the on-site caretaker for her 78-year-old mother, Blair Darnell, who had been experiencing memory problems.

As the cousin wrapped up her cutlery presentation, Mary noticed several cars parked in front of the larger home where her mother lived about 500 feet away. Bracing the cold, Mary, then 45, headed out to check on her mother and see who had come to visit. What she encountered would change their lives forever.

In her mother’s house, around the kitchen table, sat a group of unfamiliar women from an elder care company called Decades LLC.

“All these people were walking around (Mother’s) house looking at everything, and I thought, this is weird,” Mary said. “They hand me a stack of papers. A woman named Nancy Oriola from Decades told me there had been a court hearing and (Mother) was being put under temporary guardianship and conservatorship.”

Mary Darnell

Mary said she had no idea what the woman was talking about, but among the group of strangers in the room she saw a familiar face. Mary remembers the moment precisely. “My older sister, Kris, was there, and I was, like, ‘What have you done?’

Unbeknown to the rest of the Darnell family, Kris Darnell-Kreger’s attorney, Gregory MacKenzie, had filed an emergency petition with the court two days earlier. In it, MacKenzie asked District Judge Beatrice Brickhouse to appoint professional outsiders to handle Blair’s affairs – both an attorney to act as guardian ad litem to look out for the elderly woman’s personal protection and a financial conservator to control her estimated $5 million estate.

MacKenzie alleged both financial and medical improprieties, primarily against Mary Darnell, as reasons for court intervention. A review of the court docket from that time period does not list an actual hearing being held.

The next day, Jan. 7, 2010, Judge Brickhouse signed an order granting the appointments MacKenzie sought. MacKenzie’s petition cites no law to substantiate the need for an emergency intervention or for it to be granted without a hearing. But the wheels of New Mexico’s elder guardianship system had been set in motion, and for the next 90 days three court appointees, including a qualified health care professional, were instructed to assess Blair Darnell’s situation.

District Judge Beatrice Brickhouse granted a petition to appoint professional
outsiders to handle Blair Darnell’s affairs. (Morgan Petroski/Albuquerque Journal)

Although the case was presented as an emergency, a full court hearing would not be held for nearly six weeks. Nontheless, according to court documents reviewed by the Journal, Blair Darnell was already being referred to as an “adult incapacitated person.”

On Feb. 16, Mary Darnell, two of her other siblings and their mother went to that initial hearing to try to understand what was happening. None was allowed to address the court to defend against the allegations made in MacKenzie’s petition. The siblings’ motion to remove the temporary guardian and conservator so they could continue to care for their mother was denied. At this hearing, Mary says, Judge Brickhouse received recommendations from her three temporary appointees and without speaking directly to Blair Darnell or any of her four adult children made the temporary guardianship a permanent arrangement.

District Judge Nan Nash, chief of the 2nd Judicial District Court in Albuquerque, responded to written questions from the Journal about the initial steps in the guardian system. Asked whether a judge requires a petitioning attorney to substantiate allegations made against family members, she wrote, “The guardianship petition is not taken at face value. The statutory framework includes precautions to keep that from happening.”

Nan Nash

Asked under what circumstances a judge decides the potentially incapacitated person need not be present in court, Judge Nash wrote, “Considerations include extreme physical or mental disability.”

Mary Darnell insists her mother, who she says was suffering from early stages of dementia at that point, was perfectly capable of appearing in court.

 Oriola, CEO of Decades LLC, which was brought in for Blair Darnell’s case, said in an email response to the Journal her firm provides high-quality care and defended the professional guardian system, saying it was created to protect elders from abuse by family members.

‘Ward of the court’

The legal effect of Brickhouse’s ruling was to immediately reduce Blair to protected-person status, a “ward of the court,” and strip her of all her civil rights. Blair Darnell lost her right to manage her own money, sign a contract, vote, marry, decide where she could travel, who could come into her home and what doctors and medicines she could use. Every aspect of her life was to be decided by court appointees who were strangers.

Suddenly, Blair Darnell had fewer rights than a convicted murderer.

“Everyone was being very quiet and hush-hush and scurrying around,” Mary remembered of that January afternoon she stumbled upon the baffling scene in her mother’s home. “And then they whisked Mother off because they thought my sister and I were going to get into an argument and they didn’t want her to be affected by our conversations. I’m, like, ‘Where are you taking her?’ And they said, ‘We don’t have to disclose that.’ ”

Close examination of the secretive court process that overtook Blair Darnell in her final years is both illuminating and frightening because it could happen without notice to any family with an elderly parent. It is a process designed to protect the elderly, but many New Mexico families say it does the opposite, draining hard-earned estates and often isolating seniors from the loved ones who are most familiar with their wishes.  (Click to Continue)

Full Article & Source:
Who guards the guardians?

In many cases, guardians meet a need

ALBUQUERQUE, N.M. — Professionals who are regular participants in New Mexico’s guardian/ conservator court system say they are a necessary part of protecting the rights of the elderly from unscrupulous or abusive relatives and outsiders.

To be certain, there are many elderly people who are unable to fend for themselves, have no close relatives and need a court-appointed guardian relationship.

Ruth Pregenzer, whose law firm deals extensively with elder issues, told the Journal, “Guardian and conservatorships have grown up to meet a need,” a reference to the aging baby boomer generation.

 “We’re not living anymore in a society where families take care of each other,” she said. “Oftentimes, families are all over the country.”

There are many kind and trustworthy lawyers, guardians, conservators and caretakers who operate with compassion and good intentions within New Mexico’s elder care system. In addition, cases involving elders often include courtroom discussion of their mental competence and medical conditions that must, under law, be kept confidential.

As for some families’ contention that there is a cottage industry of for-profit professionals who control much of the business within a tightknit group, Nancy Oriola, CEO of elder care firm Decades LLC, told the Journal, “I believe that the professionals who refer Decades make a conscious effort to not engage in the activity you describe.”

“We rotate the work of all professionals we hire — be it attorneys, Realtors, caregiving agencies, estate liquidators, etc.,” she said.

According to a 2013 task force report prepared for the New Mexico Senate, there could be as many as 10,000 guardianships and conservatorships active in the state courts.

During an interview in her chambers recently, 2nd Judicial District Judge Shannon Bacon indicated the number is much higher now.

Referring to the 10 civil court judges who handle those cases in Albuquerque, Bacon said, “Eight of the 10 have over 1,000 (total) cases each.”

Full Article & Source:
In many cases, guardians meet a need

I-Team Update: Broken System, Call to Action

"I'm hopeful to still get her released, but I'm not deceiving myself either."

Two of her family members petitioned a Scott County court to make her a ward of the state and since then three of her daughters have been working to get it terminated. We've been following the tale of Pauline Williams' guardianship for more than two years.

But now, Williams' story and others like it have a pair of local lawmakers ready to help.

Mainzer and other concerned family members recently sat down with State Senator Wayne Wallingford and State Representative Holly Rehder.

"They were both very interested, very shocked at what they learned. And both said that they were willing to talk together and see what the pathway was”, Mainzer said.

"There are so many families in Missouri that are experiencing these same problems," Representative Rehder said during a recent interview on her meeting with Mainzer and efforts to reform Missouri’s Guardianship system.

Rehder and Wallingford will both pre-file bills in December that aim to improve the process. The measures would start by bringing in the Health Department on home screenings.

"It requires the Department to also have the Health Department come and present another signature,” Rehder explained. "So, instead of just one signature, just one person making that decision making that call to remove someone from a home, it also takes the Health Department to also come in, do an inspection, and say yes this home is unfit or unhealthy, or to say no it isn't."

The bills also put the wishes of the ward first.

"So, if I'm being removed from my home and I'm elderly and I say, well I want my daughter to take care of me, then the court has to allow that if the daughter is willing."

Rehder also questioned the process that has family members face the same judge each time they petition to have a loved one removed from a guardianship.

"I find it very concerning that family members who have the means to take care of their parent and are petitioning the court and getting it denied by the same judge. It seems to me there should be another path, another look, another set of eyes on that previous case,” Rehder said.

In the meantime, Mainzer continues documenting her mom's condition in photos and videos and facing more accusations of invading her mother’s privacy.

It happened at the Sikeston Convalescent Center last month.

"I had been taking video of her and I was approached by four staff,” Mainzer recalled. “And one of them had a piece of paper in their hand and said we have a report that you're videotaping. And we're going to have to report that because that's a form of mental abuse. And you're not allowed to do that in this facility."

Mainzer then showed me a copy of the notice staffers gave her. It is a notice posted for staff members, not for visitors.

“Each resident must be free from all types of abuse, including mental abuse,” it reads. “Mental abuse included, but is not limited to, abuse that is facilitated or caused by nursing home staff taking or using photographs or recordings in any manner that would demean or humiliate a resident.”

Mainzer believes staffers gave her a copy of their own video policy for one reason.

"To intimidate me, to tell me to stop."

We went to the Sikeston Convalescent Center to find out what the actual picture and video policy is.

We met with the administrator, who asked us not to use his name.

He showed us a framed notice just inside the front door.

It was the same staff notice given to Mainzer.

When we questioned him on this, he then gave us a printout from the home’s policy manual.

It reads as follows:

“Written consent must be obtained from the resident or representative prior to photographing the resident for all purposes except abuse, neglect or emergencies, and photography obtained for personal/family use."

The administrator said, since Mainzer has posted pictures and videos of her mom online, he believed she must have signed consent from her mom's guardian, Public Administrator Paula Scobey.

His staff, he said, should have given Mainzer a copy of this policy. He said they are doing their best to maintain Ms. Williams' right to privacy.

"She's been terribly abused. My opinion, as an advocate, she's been terribly abused," Carole Herman said of Pauline Williams.

Out in California, Herman's Foundation Aiding the Elderly filed a second complaint against the nursing home on Williams’ after dehydration and other medical issues led to two more hospital stays. Herman said Scobey should be doing what she's doing.

"Absolutely! She is responsible for Ms. Williams' care. I'm concerned about the state, and I'm also concerned about the guardianship and how Ms. Scobey is not living up to her duties."

Teala Mainzer's not giving up.

She's hoping interest in Jefferson City can lead to needed changes in a broken system.

But, she wonders if those changes will come in time for her 87-year-old mother.

"Time is not on her side. Time is not on my side. Time is on the court's side because if things are delayed, if things continue, then she will languish in guardianship until she dies."

We sent a list of questions to Public Administrator Paula Scobey the week prior to this report.

Does she believe Pauline Williams is getting proper care?

Does Williams tell her she wants to be with her family?

We received a letter from her attorney in response. You can read it here.

Source:

Broken System, Call to Action

7 Surprising Early Signs of Alzheimer’s Disease

Click

Full Article & Source:
7 Surprising Early Signs of Alzheimer’s Disease

Young Caregivers Get an Assist

Imagine you're a teenager. You want to hang out with your friends, but you have to go home, clean the house, cook dinner and take care of your sick parent or family member. It's a lot. You want to do it. You love them and you’d do anything for them. But still, you're just a teen  An assist here and there would be nice...

I'll help with your appointment.

I’m cooking tonight! 

I did the laundry, dishes and cleaned the house today.

I love you mom! I’m always here for you!

These are commonly heard statements in the Cuco house. Dianne and Tanya Cuco have been caring for their mom since her leukemia diagnosis in 2008.

“It was so hard. Our dad left the house one year before my mom got ill,” says Dianne. “At first, my older sister and I didn’t know what to do.”

They quickly learned to care for their mom even while they were going to school and work. Both sisters do housework. They give their mom medication and take her to buy groceries.

Tanya is now a college sophomore studying to be a radiologist. Dianne, a ninth-grader, wants to be a veterinarian or marine biologist someday.

“Hopefully I can do something bigger for my mom when I grow up, like buy her a house,” says Dianne.

Caregiving youth, like Dianne and Tanya, help their relatives deal with physical or mental illness or disability. This help is significant and often on a daily basis, according to the.American Association of Caregiving Youth (AACY), a support organization for youth and their families.

These eight to 18-year-olds often forgo their education, health, and childhood to take on the responsibilities of an adult caregiver.  (Click to Continue)

Full Article & Source:
Young Caregivers Get an Assist

Hundreds of local vets misdiagnosed in Veterans Affairs traumatic brain injury exam mishap

DETROIT (WXYZ) - In a letter, sent to 25,000 vets nationwide, the Department of Veterans Affairs admits traumatic brain injury (TBI) examinations between 2007 and 2015 were mishandled.

They were not conducted by properly qualified neurological and psychiatric specialists, resulting in not only potential misdiagnosis, but disability compensation claims that may have been unfairly denied.
  
"It doesn't surprise me at all," says veteran Kenneth McDonald, who detailed the trouble getting a diagnosis at Detroit's VA. "I knew they weren't gonna recognize it."

The 7 Investigators learning the Detroit region ranks in the top 15 nationwide for those affected - nearly 500 vets (485 to be exact) got the letter.

It has led to lawmakers on Capitol Hill raising questions.

"Do you think sending one letter to veterans about this is enough?," asked U.S Rep. Dina Titus.

For the VA right now, it appears it is.

We don't have numbers on how many of those contacted have actually shown up to get retested. We've also learned, vets have less than 7 months from today to do so and apply for benefits if rediagnosed.

"TBI is caused by trauma to the brain and can be mild or serious," says Rep. Ralph Abraham.

It is the signature injury of the Iraq and Afghanastan wars.

"TBI is also referred to as the invisible disease, because it can be difficult to detect," says Abraham.

Making the proper diagnosis, by the proper doctor, is essential.

If you are a veteran concerned about your original TBI exam, you can call the VA hotline at: 1-800-749-8387.

Full Article & Source:
Hundreds of local vets misdiagnosed in Veterans Affairs traumatic brain injury exam mishap