Books about death are invariably about life. In her book Memento Mori, Muriel Spark says: ''Death, when it approaches, ought not to take one by surprise. It should be part of the full expectancy of life. Without an ever-present sense of death life is insipid. You might as well live on the whites of eggs.''
In that vein, this book deals with the ever-present reality of death while concurrently embracing life.
It celebrates the lives of the greatest generation while alerting aging baby boomers to be aware of what is waiting for them around the next corner. As the clients in this book journey through the final stages of their lives toward death and the feeling that time is running out, Hope, the protagonist, conversely journeys toward a richer and fuller life. As cliched as this sounds, this thoughtful book encourages readers to celebrate life and to live each day as the gift it is.
ALBUQUERQUE, N.M. — “Who Guards the Guardians,” an Albuquerque Journal
series by reporter Diane Dimond, has been selected for the 2017 Clark
Mollenhoff Award for Excellence in Investigative Reporting.
Diane Dimond
Diane Dimond
The
award by the nonprofit Fund for American Studies and the Institute on
Political Journalism is named for the late Pulitzer Prize-winning
reporter whose investigations into organized crime led to crackdowns on
labor racketeering and Teamsters union corruption.
This year’s award will be presented to Dimond on June 29 at the National Press Club in Washington, D.C.
“I
am pleased to inform you that your entry, “Who Guards the Guardians?”
was the winning article chosen from 95 entries from newspapers and
magazines across the country,” Joe Starrs, director of the Institute on
Political Journalism, wrote in a letter to Dimond announcing the prize.
The award includes a $2,500 cash prize and expenses paid for the Washington, D.C., appearance.
The Institute on Political Journalism also awards prizes for economic and collegiate reporting. Its website says the institute was created “to develop … objective journalists with high ethical standards and solid understanding of free-market economic principles.”
At best, handicapping our Supreme Court is an inexact
science, but if several recent cases give any indication, I think the
pendulum there is swinging in favor of attorneys in discipline matters.
Last
December, in a case called Parnoff, the court clarified the level of
intent needed to prove "knowing misappropriation" when an attorney takes
a client's money and triggers the automatic 12-year disbarment
provisions of the Practice Book, adding an element of intent. I was a
bit surprised by the result, as I had proposed using "willful and
intentional" when I wrote the initial version of the rule. These terms
were replaced by "knowing" in the final version, so I always figured
that the idea had been to lower the level of intent needed to invoke the
rule's harsh provisions. Now willfulness and intentionality are read
into it, raising disciplinary counsel's burden of proof in a
misappropriation case. Score one for the bar.
More recently, in a
just-released case called Elder, the court again waded into the law of
lawyer discipline, holding that what we all thought was a screening rule
concerning when lawyer discipline cases became stale was really a
statute of limitations. The rule had originally been drafted by a CBA
committee, working with the Statewide Bar Counsel, to give this office
flexibility to dismiss facially invalid claims for the sake of saving
administrative resources and was enforced that way for many years. None
of us ever thought it was designed to create substantive rights or
defenses, rather just to give bar counsel the ability to weed out some
of the chaff so they could concentrate on real cases. In Elder, however,
the court held that the rule's six-year staleness test was really a
mandatory statute of repose. Score another for the bar.
The same
court just heard argument on a case called Rozbicki, where a judge
suspended a lawyer for a pattern of making claims, including "judicial
misconduct, judicial bias, judicial prejudice and judicial
self-interest," against two judges. Before Parnoff and Elder, I would
have bet that Rozbicki would have been a per curiam decision affirming
the lower court. Now I'm not so sure.
The
law concerning lawyers calling judges names or making unfounded claims
is fairly well established. In a case called Notopoulos, a lawyer was
disciplined for accusing a judge of "extortion" and funding "a private
Marshall Plan for the support, care and feeding of his crony." In two
different cases involving an attorney named Burton, discipline was
imposed for unsubstantiated claims of bias and corruption. What is
different from those cases and Rozbicki is that in all of them, judges
either complained of the conduct or imposed discipline on their own
motion. In Rozbicki, neither of the judges imposed discipline or
referred the matter. While the trial judge didn't find this a
distinction with a difference, I am not so sure.
There's a
provision in the same screening rule at play in Elder which provides
that the grievance authorities have no jurisdiction when the misconduct
complained of occurs before a court and it "render(s) a decision finding
misconduct or finding that either no misconduct has occurred or that
the allegations should not be referred to the statewide grievance
committee." The trial judge in Rozbicki refused to hold that a judge's
not acting when s/he was aware of misconduct was the same as rendering a
decision that no disciplinary referral should be made. But Section
2.15(b) and (c) of the Code of Judicial Conduct mandate that judges
having knowledge of or receiving information regarding a lawyer's
misconduct that "raises a substantial question regarding the lawyer's
honesty, trustworthiness, or fitness as a lawyer in other respects"
shall take appropriate action, including informing the appropriate
authorities. Presumably, a judge not acting on such information may well
be tantamount to determining that the conduct did not warrant action.
Section
2.15 of the code did not exist when the original screening rule was
passed, but arguably when the judges adopted it, they must have
understood that they were imposing heightened duties on themselves and
their colleagues to police the bar. Thus, it's not too much of a stretch
to wonder whether the Supreme Court took Rozbicki from the Appellate
Court to round out the trifecta of pro-lawyer disciplinary cases.
Serious misconduct occurring before a court or of which a judge has been
made aware of should be handled, in the first instance, by the judge or
judges involved. That's the argument the accused lawyer made in
Rozbicki. After Elder, I think it might have legs.
Either way, we
will have had three significant lawyer discipline decisions in about six
months, which I think is some sort of record. It also means I am going
to have to rewrite some of my treatise on Connecticut lawyer
discipline.•
“What stands out is when the texter, says ‘Thank you.
You’ve really helped. I feel better.’ You sign off and look up in the
sky and say, Whoa! It’s an amazing feeling.”
Thousands of people every day text 741741, and that number keeps
going up. No, it’s not a secret sexting line; it’s the Crisis Text Line,
a nonprofit 24/7 helpline that lets people in crisis text message a
counselor. CTL’s success has surprised even its founder and CEO, Nancy Lubin.
Lubin began texting with teens when she was helming the youth
volunteerism charity DoSomething.org; that’s when she noticed something.
The teens would text her when they were having problems—anything from
bullying to sexual abuse. Lubin realized that for young people
especially, texting is a primary mode of communication. And in a moment
of crisis, it’s perfect. “It’s fast, no one can hear you, and it’s in
real time,” she says. The anonymity and intimacy of text makes it that
much easier to reveal a scary secret.
Thinking that a text-based helpline might save young lives, Lubin launched Crisis Text Line in 2013, starting in just two cities, Chicago and El Paso.
Within four months of its August 2013 start-up, word of the text-for-help line had spread nationwide.
Ten percent of the texters are under age 13.
Some are the victims of family sexual abuse.
Occasionally, a texter is sitting next to a bottle of Tylenol.
Wanted: Older Crisis Volunteers
By May 2017, more than 3,000 volunteer counselors have handled more than 36 million text messages.
Many of those volunteers are seniors.
Older people, it turns out, are especially empathetic—and they’re patient, active listeners.
Another advantage: Older people are responsible. “They show up on
time and regularly commit to at least four hours of texting-time each
week,” says Liz Eddy, director of communication at CTL.
And since some of us don’t sleep so well as we age, we tend to be
available during the hours before dawn when the number of texts spikes.
Steven Moray, 63, often volunteers for the Saturday night “spike
team,” when people seem to be most in need of help. “More than a few
times I’ve woken up in the middle of the night and instead of doing
crossword puzzles, I go on the CTL platform for a few hours,” he says.
That’s why CTL is hoping to grow its cadre of mature crisis
volunteers—or “superheros with laptops instead of capes,” as the
nonprofit calls its counselors.
How the Crisis Text Line Works
CTL’s concept hinges on having a live crisis counselor help a person
move from a “hot moment” to a “cool moment” through a text conversation,
or as Eddy explains, to “de-escalate” those moments of high anxiety,
deep depression, risky behavior and even danger to a cooler, calmer and
safer level, so that the person in crisis is better able to cope with
their situation. The text line’s technology flags texts that may need
speedy responses—among the triggers for a flag: an unhappy face crying
emoji.
An average texting conversation lasts about 45 minutes, and texters
can share at their own pace. Counselors act as sounding-boards,
anonymous confidents who ask questions and encourage the texter to
“talk” about what’s going on and how they’re feeling. In some cases, the
counselor may recommend an organization or hotline that can offer
specific help, whether it’s treatment for an eating disorder or guidance
in escaping an abusive relationship. And although texts are
confidential, in about one in a hundred cases, the counselor may refer a
texter—say a potential suicide—to an emergency service. If an adult is
abusing a minor, the counselor is required to report the situation.
Professional supervisors can access the texter’s number to initiate a
“rescue.”
For now, those who reach out to the CTL are mostly in their late
teens to early 30s, but as more and more older adults take up texting,
the demographics of CTL users are likely to broaden.
Crisis Training for Older Superheroes
The person contacting CTL may be using their cell phone, but as a
volunteer counselor you communicate via a special platform on your home
computer. As you gain experience, you’ll be able to engage in several
texting conversations at once while having a conversation with a
supervisor if you need advice or support. The platform also lets
you research community services, hotlines and other programs, and give
that contact information immediately to the person who’s texting with
you.
Nobody is thrown into the deep end—would-be volunteers complete a
36-hour training on- and offline program. Groups of volunteers meet with
an instructor via Skype to learn the ropes of crisis management. They
discuss different situations that a counselor is likely to encounter.
They also cover Course material—readings and self-quizzes—offline.
Finally, counselors in training take one-on-one tests with a supervisor
to check their helping skills.
The training focuses on developing and communicating empathy for and
an understanding of people who are at risk for self-harm or suicide, are
homeless, have an eating disorder, feel undone by stress or depression,
or who are experiencing any number of other challenges—bereavement,
bullying, health concerns, LGBTQ issues, isolation…
Words that texters use who are struggling with loneliness.
“The training is great,” says Steve, the older volunteer who often
helps during spike hours. He’s been a CTL counselor for a year and a
half. Even after you’ve finished the training, he says, you’re never
alone. “There’s always a supervisor to help. If you’re not feeling
comfortable, you have several options. Your supervisor may make a
suggestion, or you can trade off the texter to another volunteer.”
Each
volunteer also has a mentor who can offer advice, guidance and
encouragement.
There were a few times in the past, Steve admits, when he thought,
“Hmmmm…maybe not.” Then he reminded himself that the goal is not to fix
what’s broken, but to work with a person to help him or her get through
the worst of the worst moments.
“I’ve had several hundred conversations,” Steve says. “What stands
out the most is when, at the end of the conversation, the texter, says
‘Thank you. You’ve really helped. I feel better.’ You can’t replicate
that feeling. You say, ‘You’re welcome.’ and sign off and look up in the
sky and say, Whoa! It’s an amazing feeling.”
“Volunteering at CTL is a way to stay connected and to actually get
back from what you give. We seniors are good at it, because we have a
lot of life experiences.”
Watch Nancy Lublin’s TED Talk About Crisis Text Line
The Crisis Text Line analyses the millions of texts it receives,
using data science to anticipate a texter’s issue and intent based on
words in their messages. The intelligence gathered through those
insights becomes the basis for alerts that the volunteers see certain
words, for example, might trigger an alert that suggests the volunteer
might ask the texter if they’re thinking about cutting themselves. The
tech makes the volunteers better helpers. But the human connection is
paramount.;Watch:
BOSTON — Eighteen years after leaving office, former Attorney General Scott Harshbarger is asking lawmakers to pick up an unfinished piece of the reforms he sought around elder protection and adult guardianship.
Harshbarger on Monday asked the Judiciary Committee to throw its support behind a bill that would establish a state office of adult guardianship as a public-private partnership that would handle the appointment of guardians for adults who cannot make their own legal decisions and lack family, friends or access to volunteers who could step into the role.
The office would serve “the poor and the powerless,” Harshbarger said, including people who are elderly and intellectually or developmentally disabled.
Harshbarger, who became attorney general in 1991 and left office in 1999 after an unsuccessful gubernatorial bid, said creation of such an office has been proposed for years.
“The missing piece in it has been how would we fund this,” Harshbarger said. “We happen to propose an innovative way — nonprofit funding. All we’re asking for is that the state agency have oversight and a nonprofit agency will be the office of the public guardian, supported by public funding.”
Rep. Paul Brodeur’s bill (H 3027) would set up an office within the Executive Office of Health and Human Services to supervise a privately funded nonprofit that would provide guardianship services.
Brodeur, a Melrose Democrat, said the office would serve between 4,100 and 4,700 people in Massachusetts who “truly have no one but the Legislature and advocacy groups to fall back on for help.”
He said such people may need legal decisions made on their behalf when being discharged from a hospital or admitted to a nursing facility.
“There’s no one in some cases that can speak with legal authority for that person,” Brodeur said.
“What does that mean? It very often means that the hospital or the provider will have to go into court, find a guardian and make arrangements to put that decision into force. That usually happens in a time, essentially, of crisis.”
Peter Macy, the executive director of Guardian Community Trust, said the bill proposes a “radical new way to fund guardianship,” and 60 percent of the necessary private funding has already been pledged.
He said a business plan has been developed calling for approximately $800,000 annually in private dollars to “entirely fund the operational side of a public guardian,” leaving the state’s cost at around $400,000 for a supervisory office with between three and five staff members.
“Creating the office of public guardian is critical,” Macy told the committee. “We must have it. We cannot get the private dollars without your help to create a tiny government office.”
PROVIDENCE, R.I. — The state Supreme Court has dismissed a lawsuit brought against the Coventry Police Department by a Warwick woman who has repeatedly been accused of exploiting elderly men — most recently an aging veteran diagnosed with dementia.
The high court upheld a ruling by Superior Court Judge Bennett Gallo dismissing a suit brought by Carel Callahan Bainum, a longtime Warwick resident who ran for mayor in 2014. Bainum had accused the Coventry police of maliciously prosecuting her for trespassing when she visited an elderly man with dementia at the Coventry Health and Rehabilitation Center while donning a blond wig to disguise herself.
The case stems from Bainum’s relationship with Michael Koczan, a World War II Army Air Corps veteran who died in in 2013 at age 96. Bainum was visiting Koczan in the center’s secure dementia ward on Oct. 16, 2009, when Coventry Officer Ryan Desisto asked her to leave, at the center’s request. She was told, too, that Koczan’s daughter, Kristin Wild, was seeking to halt all Bainum’s visits to her father.
Still, Bainum continued to visit Koczan, wearing the blond wig. Staff eventually recognized her, leading Coventry police to charge her with willful trespass.
A trial was held in Superior Court in 2010 in which Bainum, Warwick’s onetime animal-control supervisor, represented herself. A jury, in 55 minutes, convicted her of the misdemeanor count. Judge Edward C. Clifton gave her a one-year suspended sentence with probation and ordered her not to contact Koczan.
Bainum then filed suit, accusing the department and individual officers of malicious acts, altering police reports and perjury. She charged that they had colluded and conspired against her.
She told The Providence Journal prior to her trespass trial that Koczan, who suffered severe cognitive impairment and a host of physical problems, was being kept “a prisoner” in the Coventry nursing center. She claimed to be Koczan’s friend and said she wanted to call attention to his plight.
Koczan told nursing home staff that he wanted to leave, marry Bainum and “live happily ever after.”
H. Reed Cosper, who was the state’s mental-health advocate at the time, alleged in a prior guardianship petition that Bainum was exploiting Koczan and had a history of “financial and emotional exploitation of elderly men, particularly veterans.”
Bainum vehemently denied that she was an elder predator.
Gallo in 2015 dismissed Bainum’s claims as meritless. The judge found that Bainum’s malicious prosecution allegation hinged on whether the police had probable cause to prosecute her for trespass.
Gallo found that her conviction “conclusively establishe[d]” the required probable cause.
The high court agreed.
“Further, the plaintiff’s malicious-prosecutions claim ... requires that the criminal proceeding terminated in the plaintiff’s favor. Here, the plaintiff’s criminal willful-trespass conviction clearly demonstrates that the prior proceeding did not terminate in her favor,” Justice Gilbert Indeglia wrote for the court.
Bainum, whose phone number at Sunnyside Drive was disconnected, could not be reached for comment. But she has been the subject of much litigation in Rhode Island courts.
Providence lawyer, David J. Strachman, sued Bainum on behalf of Vartan Baligian, who loaned her $120,000 in 2002. In 2007, the year the loan was due, it was rewritten to become an 11-year-interest-free note. Baligian died in July 2008. A judge has ruled that Bainum had “hoodwinked” Baligian into signing the new loan documents and has blocked her from disposing of assets until the civil-fraud case is tried.
Strachman said the $179,207 judgment awarded in that case has not been paid. Of the Koczan ruling, Strachman said, “It’s a disturbing involvement with yet another extremely old senior citizen.”
On April 10, 2017, the Financial Industry Regulatory Authority’s (FINRA) National Adjudicatory Council (NAC) introduced new Sanction Guidelines (Guidelines) which allow the NAC and FINRA staff to take into consideration the vulnerability of customers in determining appropriate sanction levels.1 The last update to the Guidelines occurred approximately two years ago, and included changes related to unsuitable recommendations and misrepresentations.2 Last month’s changes to the Guidelines provide for the first time a “principal consideration that analyzes whether a respondent has exercised undue influence over a customer.”3 Now listed as a specific factor for adjudicators and FINRA staff4 to consider in determining appropriate sanctions is “[w]hether the respondent exercised undue influence over the customer.”5
I. New Guidelines Codify Past Practices and Apply Immediately
Prior to the new “principal consideration,” FINRA has historically acknowledged the vulnerability of customers in certain decisions.6 However, including customer vulnerability and a respondent’s undue influence over a vulnerable customer when analyzing sanctions has never been specified.
This new “principal consideration” applies to all FINRA cases immediately, unlike the recent senior investor-related rulemakings (new FINRA Rule 2165 (Financial Exploitation of Specified Adults) and amended FINRA Rule 4512 (Customer Account Information)), which are not effective until February 2018. The NAC and applicable FINRA staff can immediately take the new “undue influence” factor into consideration when adjudicating, prosecuting or negotiating disciplinary actions.
II. New FINRA Rule 2165 and “Undue Influence”
Neither FINRA Rules nor By-Laws define the term “undue influence.”7 Definitions in new FINRA Rule 2165 may help the industry to understand what it means for a respondent to “exercise undue influence” over a customer. The concept of undue influence arises in Rule 2165’s “financial exploitation” definition as “an act or omission . . . to . . . obtain control, through deception, intimidation or undue influence, over the Specified Adult’s8 money, assets or property.”9
It is possible that the NAC or FINRA staff may look to whether a senior investor was deceived or intimidated by the respondent, or whether the respondent exercised an inappropriate level of “control” over an investor given that investor’s mental capacity or the availability of a designated family member or friend. Presumably any influence over a customer’s decisions would only be considered “undue” if there was some level of deceit, self-dealing or other bad intent. However, this conclusion is not clear from the Guidelines.
III. Expect Continued Scrutiny of Firm Interaction with Senior and Vulnerable Investors
The senior-centric update to the Sanction Guidelines should come as no surprise. Over the past two years, FINRA has significantly increased its focus on senior investors, first with a joint report with the U.S. Securities and Exchange Commission in early 2015,10 followed closely by the launch of its Securities Helpline for Seniors,11 the topic’s rising prominence in the latest examination priorities letters,12 and most recently with the adoption of new FINRA Rule 2165.13 This scrutiny is expected to increase, with a focus on related sales practice examinations and subsequent enforcement actions.
About 1 in 20 older adults
report being financially abused by a family member in the year
prior,
according to research funded by the U.S. Justice Department. (iStockphoto)
When her husband died suddenly and unexpectedly from a massive heart attack,
“Mary” – who asked that her real name not be used due to the sensitive
nature of her story – was devastated and began spiraling downward.
He was only in his late 60s and in relatively good health, she recalls. Mary fell into a severe depression
after his passing. “I withdrew. I isolated myself,” says Mary, now 70,
who lives in Playa del Rey, California. In addition to her abject
despair, she believes the antidepressants she was taking contributed to suicidal thoughts. She attempted suicide – overdosing on powerful painkillers she had for treating her arthritis, she says. She was hospitalized in 2015 and admitted into an inpatient rehab facility to recover.
Mary had previously appointed her daughter as
trustee under a family trust and agent under powers of attorney to
manage her finances if she was ever unable to do so herself. And it was
during this time that – due to Mary’s psychiatric issues – her
daughter's authority under the POA and trust became effective. Mary had
been financially supporting her daughter, who was living in Mary’s home
along with her daughter’s son. But instead of acting in her mother’s
best interests, “she ran up $120,000 in credit card debt, which I only
recently found out about,” Mary says – money spent on everything from
online shopping to food delivery. She purchased a new car in her
mother’s name, a new refrigerator and three new computers, all with her
mother’s money and without permission; she rented out her mother’s
bedroom to bring in more income for herself; and she failed to pay
property taxes on Mary’s home.
According to research funded by the U.S. Justice Department, about 1 in
20 older adults report being financially abused by a family member in
the year prior. Though definitions vary, elder financial abuse is generally considered to be financial exploitation,
such as stealing money or taking over assets without permission, of an
older adult – 60 or 65 and older – by a family member, caregiver or
another trusted person, like a financial advisor. By one estimate from
the San Francisco-based financial services firm True Link Financial,
seniors lose nearly $36.5 billion to financial abuse annually. A
previous widely cited estimate from MetLife put the figure at less than
one-tenth of that – still a high loss, at $2.9 billion; but many experts
say that’s most certainly a gross underestimate, given how very few
financial exploitation cases ever see the light of day. “That’s based on
only cases that got media coverage, which must be some tiny fraction of
1 percent of all elder abuse cases,” says Kathleen Quinn, a senior
advisor and past director of National Adult Protective Services
Association.
More Than Money
Money lost is only part of the profound price
paid by seniors who are financially exploited. Quinn says that some
people lose their homes, and notes – based on research of the issue in
Utah – an estimated 9 percent, or nearly 1 in 10, of those who are
financially exploited go on Medicaid as a direct result.
Because the perpetrator is typically a family
member or caregiver, experts say being financially exploited can deeply
undermine a person’s ability to trust others, and lead them to withdraw
and become isolated,
which can make a person more vulnerable to re-victimization. Studies
show financial abuse can increase hopelessness and risk for depression
and raise suicide risk.
“This is obviously about more than just money,” says Sarah Barnard, a
social worker who manages an elder abuse prevention program at WISE
& Healthy Aging, a nonprofit social services organization in Santa
Monica, California. Going from a place of stable financial footing to no
longer having money needed for daily expenses can be “psychologically
devastating,” Quinn says.
After Mary’s condition stabilized, she was transferred to an assisted living facility.
“I really wanted to come home, but my daughter said I couldn’t come
home,” she says. So instead she languished for six months at the
facility, paying $2,000 a month to be there, before finally coming home.
Eventually, Mary notes that her psychiatrist called Adult Protective
Services, who reported the issue to local law enforcement. Mary also
enlisted Bet Tzedek Legal Services in Los Angeles – which provides legal
assistance and advice in elder abuse cases, including financial abuse – to revoke her daughter’s power of attorney and regain control of her finances.
That’s proved an involved affair, as her
daughter had been withholding her driver’s license, medical insurance
cards, credit and debit cards and other money, says Dominique
Sanz-David, a staff attorney at Bet Tzedek. Instead, Mary’s daughter
generally just used Mary’s money for her own benefit, Sanz-David says.
Not having access to her own financial means or
identification did more than rob Mary of money. “I was basically a
faceless person,” she says. “She had me totally isolated.” Mary notes
that she couldn’t even talk to her doctor without her daughter’s
permission. The ordeal has not only taxed her financially, but it’s
taken a toll on her mentally. “I was depressed,” Mary says. “I was
hopeless.”
Outside Help
Experts say the scenario Mary found herself in
is a familiar one, where an adult family member exploits a supportive
relationship, such as when the perpetrator is already living in the
home. Often those who are financially abused have recently lost a spouse
and may otherwise be alone.
That makes it incredibly important – while also
often being exceedingly difficult – for the individual experiencing the
financial abuse to seek outside help. That includes contacting Adult
Protective Services and law enforcement to put pressure on the
perpetrator to cease the abuse. Though it can be difficult in many cases
to recoup money lost – since frequently it’s spent and perpetrators
commonly have limited monies of their own – experts still often advise
filing a civil lawsuit as well.
Mary says Sanz-David has been instrumental in
helping her regain control of her finances, while huge hurdles remain.
Mary has worked with a debt consolidation
attorney to begin paying down a lower negotiated amount on the credit
card debt. She’s looking to return to the workforce – a difficult
prospect, given her age, she says. And she’s planning to sell her house
when she’s able and relocate, possibly out of state, she says, so that
her property tax burden is lower. It’s all together a monumental
undertaking.
It remains unclear what repercussions –
including any criminal charges – her daughter will ultimately face as a
result of Adult Protective Services reporting the issue to local law
enforcement. Experts say victims – particularly older parents – are
often unwilling to take action, like contacting law enforcement, against
family members who’ve taken advantage of them.
Similarly torn, Mary still allows her daughter
to live with her. Sanz-David advised Mary to get her daughter out the
home, and told her she could get a restraining order against her because
of the financial abuse. She also advised her to take civil action. But
Mary has declined to do so. “Mothers and grandmothers do not want to
hurt their children and grandchildren even at their own expense,”
Sanz-David says; she adds that she’s advised Mary to contact her if she
changes her mind.
A reluctance to take action – as well as shame and embarrassment
of having been exploited – is frequently used against victims of
financial abuse by those perpetrating the abuse, experts say, to not
only conceal it, but to re-victimize.
Mary, for one, says she is firmly back in
control of her finances – if still struggling mightily to pay for damage
done by her daughter. “She doesn’t have the durable power of attorney,
so she can’t commit any financial obligation to me without my
permission,” Mary says, while acknowledging that some patterns continue.
“She’s told me that she’s sorry, and she’s going
to get a job, but she isn’t looking for a job. So I’m looking for a job
– a part-time or a full-time job to help pay the property taxes,” she
says. As for not putting distance between herself and her daughter, she
sees no choice in the matter. “She’s my daughter, and I do have
unconditional love for her. She has nowhere to go. She has no income …
she would be homeless,” Mary says; in which case, she adds, her daughter
wouldn’t be able to take care of her 10-year-old son. “So I wouldn’t do
that.”
But even though Mary has opted not to take legal action against her
daughter as advised, she echoes elder abuse experts in emphasizing that
outside intervention is absolutely critical to combat financial
exploitation – even if it’s perpetrated by next of kin. “If you don’t,
it just becomes a quagmire. It’s like one of the sinkholes in Los
Angeles,” she says. “It just appears out of nowhere, and suddenly you’re
in the sink hole, and you feel hopeless – you feel like there’s no way
out.
Changes in cognitive function or appearance – like self-neglect – may leave seniors more
vulnerable to financial abuse. (Getty Images)
Ideally, David Top would like to move his father, 88-year-old Gabriel Top of Manhattan, into a memory care facility – that is, if the money were available to do so.
After suffering a stroke about a dozen years ago, Gabriel’s short-term memory was greatly diminished, and today Gabriel suffers from severe dementia. Memory care is specialized long-term care offered by some nursing homes for residents with dementia – like that caused by Alzheimer’s disease
– and other memory issues. “His dementia is getting worse, and he
doesn’t get the amount of care that he needs,” David says of his father.
“Part of the goal was to move him to Las Vegas, where they have a
top-notch memory care facility.” That’s also where David’s daughter
lives and family often gathers for reunions and vacations. “So he would
be part of his family’s life, basically, instead of being isolated.”
Though family travel to see Gabriel in
Manhattan, they can’t afford to relocate him or put him in memory care,
after hundreds of thousands of dollars Gabriel had saved were taken from
him by a long-time companion, David says. “He depended on her for
everything – for advice and to get to his medical appointments, and
really to manage his life,” David says of his father’s companion; at one
time, Gabriel and the woman had been a couple. But David notes she
started to take utter control of Gabriel’s life, including alienating
him from family – even convincing him not to get needed medical care.
She also became a joint account holder on bank and investment accounts,
eventually removing his name from those accounts. "The amount of money
the long-term companion took from Gabriel is estimated at close to
$750,000, in addition to an unknown amount of interest and dividends,"
says Jahna Locke,
an Equal Justice Works AmeriCorps Legal Fellow at the non-profit New
York Legal Assistance Group, who is working on Gabriel’s case. NYLAG is
providing free legal services to try to help recover the money that was
taken. “She basically took all his money,” David says.
One of the most common forms of elder abuse, financial exploitation is growing in prevalence (along with other forms of abuse) as the population ages.
Most commonly committed by a family member, caregiver or trusted
individual, financial abuse typically involves taking money, property or
other assets – or withholding those – without a person’s permission.
Though in Gabriel’s case, David says he didn’t yet have dementia when
the abuse appears to have started in 2012, he and Locke say his
companion took advantage of his dementia as time went on.
Even mild cognitive impairment has been shown to inhibit
financial-decision-making, studies show, and can make a person more
vulnerable to financial exploitation. More than one-third of people 65
and older already have some form of cognitive impairment, notes Dr. Robert Roush,
a professor of geriatrics at the Huffington Center on Aging at Baylor
College of Medicine in Houston. Roush is the medical project director
for the Elder Investment Fraud and Financial Exploitation Prevention
Program, or EIFFE, Prevention Program, which was created by the Baylor
College of Medicine and funded by a grant from the Investor Protection
Trust. Among other things, as part of continuing medical education EIFFE
teaches doctors how to screen older patients for cognitive deficits
that could put them at higher risk of being financially exploited.
“You’ve got a lot of people out there at risk, and a lot of people that
we know are being scammed,” Roush says. “For every one of these cases of
financial exploitation that we know about, there is so many more.”
Frequently, money that's been stolen is spent by
perpetrators and never recovered by victims. In Gabriel's case, efforts
to recover the money he lost are greatly complicated by the fact that
his alleged abuser recently died, following a stroke last fall. Locke
declined to release the individual's name, citing concerns that doing so
could compromise future legal action taken on behalf of Gabriel, and in
light of an ongoing criminal investigation into the matter. "We're
looking into the possibilities of working probate with the [late
friend's] estate to see if there's any way that we can capture these
funds," Locke says. "The thought is that the funds are still within her
name."
“He was saving his whole life for when he needed
it,” David says of his father. “He even short-changed himself on some
of his quality of life trying to be self-sufficient in his older years.”
Though his father isn’t able to articulate his feelings, David says the
exploitation by his long-time friend saddened his father and recast the
entire relationship. “Mentally it weighs on him,” David says, adding he
believes his father has suffered from depression as a result.
Financial abuse not only affects a person’s
fiscal health, but overall well-being. Research finds it can raise a
person’s risk of depression, leading people to withdraw and increasing hopelessness. Faced with profound loss, some victims even become suicidal,
experts say. Additionally, having money and assets stolen in retirement
can make it difficult for some people to afford needed medical care.
“When elders lose enough money to have to make choices between paying
for out-of-pocket health care costs and routine living expenses, they’re
going to go with the latter and forgo the former, which can cause all
types of conditions to worsen,” Roush says. That can range from not
being able to get needed drugs that aren’t covered by insurance to
forgoing treatment due to out-of-pocket costs, or even not going to the
dentist or purchasing healthful foods, due to expense.
A study
published in the Journal of Elder Abuse and Neglect in January found
financial mistreatment, like having money stolen, is associated with a
decline in functional health – predicting more difficulties doing
activities of daily living, such as dressing or bathing or getting in
and out of bed without assistance. The reason for the association is not
perfectly clear. But, “a lot of older adults are retired and relying on
a fixed income to access care and treatment to sustain their health,”
says Jaclyn Wong,
a doctoral candidate in sociology at the University of Chicago who led
the research. “So perhaps the financial mistreatment is reducing the
monetary resources that older adults need in order to maintain their
physical well-being.”
For older, frail adults, health can spiral down
quickly, particularly if they’re unable to get the care they need, Roush
says. “It’s a constellation of things,” he adds of the health effects
linked to financial abuse. Many who are abused feel embarrassed or
ashamed and withdraw, leaving themselves more vulnerable to
re-victimization and myriad other health consequences associated with isolation, from further contributing to depression risk to raising the specter of future heart problems.
While doctors and others on the front lines seek
to prevent and report elder financial abuse, Roush says loved ones and
seniors should be aware it can happen to anyone. He advises also taking
notice if a loved one experiences changes in cognitive function or
appearance – like self-neglect – which may leave them more vulnerable to
financial abuse.
What’s more, experts say, because of the pernicious nature of financial
abuse, it’s important to treat victims with compassion and understanding
that reflects the profound impact it can have. Wong reiterates that the
problem shouldn’t be viewed purely through an economic lens: “Your
economic situation, your social situation, your health situation – those
are all linked,” she says.
“They feel like they can’t reach out and get support, because they feel like they’re not
allowed to feel victimized in a way.” (Getty Images)
As with those who have endured other types of abuse, victims of financial elder abuse often feel they can’t or shouldn’t seek recourse.
Most commonly perpetrators of financial
exploitation – which can range from stealing Social Security checks to
taking over assets – are family members, caregivers or others known and
trusted by those who are victimized. That can make individuals who are
financially exploited all the more reluctant to come forward, and
experts say perpetrators often bank on this or pressure victims not to
speak up as well to keep their indiscretions from seeing the light of
day – and stave off a day in court.
That betrayal by a family member or another
trusted person is especially hard on those who are financially abused,
says Sarah Barnard, a social worker who manages an elder abuse
prevention program at WISE & Healthy Aging, a nonprofit social
services organization in Santa Monica, California. On top of that, many
who’ve been financially exploited feel shame and guilt, and that may be
reinforced by victim-blaming.
“It’s just people’s way of distancing themselves, saying, ‘Oh that
wouldn’t happen to me,’” Barnard says. “People feel so much pain,” she
adds. “They feel like they can’t reach out and get support, because they
feel like they’re not allowed to feel victimized in a way.”
But as experts note, the widespread nature of financial exploitation
shows it can happen to anyone.
Increasingly, states are looking at new
ways to legally address financial exploitation – to better address and
deter this form of abuse as the U.S. population ages and, experts say, increasing numbers are vulnerable. Most states currently criminalize financial elder abuse, says Matthew Andres,
director of University of Illinois College of Law’s Elder Financial
Justice Clinic, which provides free legal services to victims of
financial exploitation. That means in addition to laws already on the
books to prosecute things like theft, there are “enhanced” penalties or
additional charges that may be filed in financial exploitation cases
involving seniors or vulnerable adults that could increase jail time for
perpetrators.
What’s more, Andres notes that a handful of
states now have statutes in place allowing older or vulnerable adults –
such as someone with cognitive or mental impairment – to sue
specifically for elder financial exploitation; Andres says states with
so-called elder financial exploitation civil causes of action include
Arizona, California, Florida, Oregon, Minnesota, Utah, Illinois and
Washington. (In general, in cases where victims are deemed to be unable
to act on their own behalf, due, for instance, to cognitive impairment
like severe dementia, another person acting under power of attorney or a public guardian may file suit on their behalf.)
A key feature of elder financial exploitation
civil causes of action is that they allow victims to sue for multiple
times the amount lost – typically two or three times the amount – and
also to recover attorneys’ fees for bringing the case, Andres says.
“It’s both to punish people more and act as a deterrent for this kind of
behavior but also to encourage settlement of these cases,” he says.
“Because somebody is more likely to give back 100 percent of the money
that is taken if they know that at the end of the case they may have to
give back 300 percent of the money that was taken.” In addition, being
able to recover attorneys’ fees can help in finding a lawyer to take an
elder financial abuse case, which can be challenging to litigate.
“They’re complex cases and a lot of attorneys just don’t want to get
involved in recovery – recovery may be difficult,” he says. “So
rewarding attorneys' fees is important to help people get
representation.”
In the rest of states without elder financial
exploitation civil statutes, individuals can still sue to recover
losses. But commonly they may not be able to recover more than 100
percent or attorneys' fees. Frequently property or money stolen is
quickly expended, with nothing left to recover. That’s another reason
experts say it’s critical that victims as well as anyone who suspects
elder financial abuse report it immediately to authorities. Call local
law enforcement or contact your local Adult Protective Services office to report financial exploitation – the earlier, the better to best prevent damages from mounting.
Don’t forget, too, experts say, that the cost of
financial abuse goes far beyond the monetary loss. Rather, it should be
treated like other types of abuse or trauma, Barnard says. “Victims and
their families should know that services like counseling and case
management can help them heal and stabilize after being financially
abused. The victim may need help with basic needs like reliable
caregiving, food, transportation and housing.” This may involve getting
help from numerous agencies; Barnard recommends looking up social
services in their area to see what’s offered.
Therapy may also be helpful to address the fallout from financial abuse. Studies have found increases in depression and anxiety associated with financial exploitation, and experts say it may increase risk for suicide
as well. Therapy can help address mental health concerns, Barnard says.
“It can help elders process the shame and betrayal that many victims
feel after being taken advantage of by those who they may have trusted.”
Dr. Robert Roush,
a professor of geriatrics at the Huffington Center on Aging at Baylor
College of Medicine in Houston, emphasizes the importance of this kind
of “psychological first aid” to help those affected feel safe again. In
addition, it’s important that those who have been victimized don’t make
any major financial decisions right away – such as in an attempt to try
to recoup losses – says Roush, who is the medical project director for
the Elder Investment Fraud and Financial Exploitation Prevention Program
(or EIFFE) Prevention Program. Instead, the extent of the loss first
needs to be determined, and it’s important to speak with professionals,
such as social workers who deal with financial abuse cases, financial
advisors and possibly with attorneys experienced in dealing with such
cases – if considering legal action – about next steps.
Apart from taking action to recover monetary losses, experts say victims
of financial abuse most especially need support to weather the storm
and reduce the likelihood of re-victimization. “Check in with vulnerable
elders to reduce isolation and loneliness, as those are factors that
increase their likelihood of being exploited,” Barnard says. That might
include seeing if they’re interested in going to a local senior center
or getting involved with a church they attend, she suggests. Providing
non-judgmental support is critical to begin to address and recover in a
holistic way all that was really lost, experts say, when a relationship
was financially exploited to profit the abuser. As Barnard points out,
“The vast majority of people who are financially abused get into that
position because they are looking out for others.”
DETROIT – After a fractious family battle lasting three years, Marine Corps veteran Gayle Robinson’s adult children all told Wayne County Probate Court Judge Terrance Keith April 24 that they want their mother back in her Westland home of 60 years, and notorious guardian/conservator Mary Rowan promptly dumped from her case.
Robinson is currently confined against her will in the Maple Manor nursing home in Wayne, Michigan, where Rowan placed her indefinitely without any court order. Keith had pledged during a hearing July 28, 2014, that he would not allow Robinson to be removed from her home without such an order, according to court transcripts.
“Why I am in jail?” Robinson asked a friend of the family who told VOD she visited her at Maple Manor a few days before the hearing. Robinson told VOD during an earlier hearing that she wanted to remain in her home with her son Randy, his daughter and her dog Fluffy, a wish which a former Guardian Ad Litem, Ella Bully-Cummings, also relayed to Judge Keith.
The friend said Robinson was sitting at a table in the corner of the Maple Manor dining room with three other residents, none of whom were eating the food placed in front of them. She said Robinson had a shriveled up hot dog and potato chips on her plate.
“When Gayle recognized me, she got up and gave me a big hug,” the friend said. They went together to the tiny room she sleeps in, but another resident who Robinson said sleeps all day occupied the bed next to a tiny TV. So Robinson does not watch the TV. When nursing home staff saw her in the room, they promptly told her to leave, she said, saying Robinson’s guardian Rowan did not want anyone visiting before her court hearing.
Over the past three years, Robinson has been deemed able to live on her own by medical professionals at Henry Ford Hospital, the Veterans’ Administration, and even a court-appointed evaluator, Dr. Marlena Geha.
“We have all come together,” Robinson’s daughter Mary Robinson told Keith during the hearing April 24, as the adult children crowded in front of him. “My mother’s wish is to be in her home. I will move out of my home and stay with her if she needs it. My mom is entitled to [in-home] care as a veteran. But instead over $5,000 of her insurance money has been spent at Maple Manor, out of $9,000.”
She said Rowan’s assistant Katie McDonald told her that her mother is not eligible for VA in-home care.
Other siblings at the hearing expressed unanimous agreement that their mother should be back at home, and that Rowan should be removed as guardian/conservator.
“I lived in my mom’s house for six months every night,” said son Ricky Robinson, referring to an agreement reached with McDonald that someone be with Robinson at all times. “But I was nothing but her prison guard, so we stopped. I kept visiting her with my kids. Please let Randy move [back] in with my mother and get rid of Mary Rowan.”
Randy and his daughter Lynette had been living peacefully with Robinson, who was active in VA affairs and other events, and was able to manage her own home and financial affairs, when her oldest daughter Kathleen Law opened probate proceedings in 2014.
Keith later ordered Randy out of the home and even jailed him for three months at Rowan’s request after his mother fled to her brother’s home in California to avoid placement in a nursing home.
NASHVILLE, Tenn. (WKRN) – A judge has granted Casey Moreland’s request to go out of state to see his elderly and ill mother who is in hospice care in Indiana.
According to the filing, Moreland, who remains under house arrest per the conditions of his release from custody, will visit with his mom at her Indiana home on Friday and Saturday of this week.
The document states he will leave with his wife and sister on Friday morning and return back to Nashville on Saturday.
While in Indiana, Moreland will stay at his mother’s home.
The former Nashville judge was indicted last Tuesday by a federal grand jury on five counts of obstruction of justice. He’s accused of taking steps to obstruct and interfere with an FBI investigation by devising a scheme to pay a material witness to take back her previous statements.
Moreland has since pleaded not guilty to those federal charges.
One of the greatest gaps in Medicare coverage is that it does not help to pay for home-based care unless such care is requested by a physician as medically necessary. Medicaid will cover such long-term custodial care for people with little to no income or assets. But Medicaid covers fewer than one in five of the roughly 55 million people on Medicare, leaving the rest to fend for themselves or, for a small group of mostly better-off folks, purchase private long-term care insurance.
Now, it appears that even Medicare’s limited home-based coverage benefits for those with medical needs are also not possible for many people. The nonprofit Center for Medicare Advocacy says it been researching the availability of Medicare-covered home-based care in response to a worrisome and growing volume of complaints from Medicare enrollees that they are being denied home-based care even though they are qualified to receive it and it is covered by Medicare.
Like nearly everything about Medicare, this is a complex topic. But it appears that Medicare is not keen to encourage use of allowable home care benefits. Home care providers don’t much like this benefit either. They don’t make much money on it, and under new Medicare rules, they can actually lose money providing such care.
Let’s begin with the benefit itself. According to the Center for Medicare Advocacy, Medicare will pay for up to 35 hours a week of home-based care — provided by nursing and home health aids — to people who are housebound and for whom such care is prescribed as medically necessary by their doctor or another authorized caregiver. The home health benefit also includes physical, occupational or speech-language therapy.
Skilled nursing care is covered on an “intermittent” and “part-time” basis and also for home-based medical social services and for home health aides, who are allowed to perform certain personal services that stem from the patient’s underlying medical needs, but which are not the same as custodial care, which is not covered by Medicare.
These last two coverage categories, while part of Medicare’s benefits, merit only a footnote on the Medicare website. And when Medicare updated its home health care brochure last March, it was full of errors about the nature of available coverage, according to Center for Medicare Advocacy associate director Kathleen Holt.
Holt says the allowable benefits are thus broader than people realize. However, she adds, it looks like it doesn’t matter what’s actually covered, because home health agencies routinely decline to provide even the skimpier services that Medicare publicizes to Medicare enrollees who request them.
Significantly, Medicare will only pay insurance claims to home health agencies who are registered and approved by Medicare. Ostensibly to help consumers, it has developed an extensive quality rating system, so consumers can find the most qualified agency. However, there apparently is no requirement that an agency actually provide home health services when Medicare enrollees request them.
The reasons why these agencies turn away business, Holt claims, stem partly from Medicare’s increasing emphasis on paying for health care that actually helps patients get better. This is an admirable goal, but what it means is that home health agencies are rewarded for treating patients who are likely to get better.
Supporting care that cures people, while understandable, is not a requirement Medicare insists on for covering most health care. Therapy that maintains a person’s ability to function, or even that slows the pace of decline, is a perfectly good goal for treatment and one that many older Americans and their families embrace.
However, Medicare and Congress have supported the shift from fee-for-service health care to fee-for-results care. In this situation, home health agencies face a carrot-and-stick financial incentive system based on measurable patient improvement. That’s all fine and dandy, but what this means is that agencies are effectively discouraged from treating people with long-term chronic conditions who may be qualified for services, but are unlikely to get better. (Click to Continue)
CHICAGO — A guardian is suing Kensington Place Nursing and Rehabilitation Center, citing alleged insufficient measures were taken to prevent injuries and negligence.
Tim Jones, as plenary guardian for Donnie Jones, filed a complaint on April 26 in Cook County Circuit Court against the defendant alleging Donnie Jones suffered injuries from a fall, including an acute left subdural hemorrhage which required emergency surgery, causing the deterioration of his overall health. The plaintiff holds Kensington Place responsible because the facility allegedly failed to provide adequate medical assistance and supervision to address Donnie Jones' risk of falling.
The plaintiff seeks judgment against the defendant in an amount greater than $50,000 plus court costs. He is represented by Ashley Hadler Herschberger and Jacob D. Radecki of Levin & Perconti in Chicago.
An ongoing problem that nursing home residents, their families, and consumers have expressed for years is the belief that facilities are “overly prepared” for routine annual inspections[1].
Their complaints generally sound something like this:
“Over the past several months, this nursing home has had a lot of problems answering call lights, has served food that’s, at best, barely palatable; has neglected to hire enough staff to cover the evening and weekend shifts; and has this permeating stench of urine and feces. But, then, out of the blue one day, there’s extra staff walking the hallways, many people of whom we have never seen before; the food goes from deplorable to tasty; call lights are responded to in minutes, not hours; and the aroma smells of flowers and fresh baked bread.”
Residents, families, and advocates have repeatedly claimed that the underlying reason for this sudden and short-lived change from bad to good nursing home quality is the nursing home’s apparent awareness of the not-so-surprising, unannounced inspection–“that the state is coming in soon for their survey.”
And more often than not, they’re right. The timing seems to be uncanny.
Unfortunately for the residents, once the inspectors leave, the daily awfulness returns, leaving residents and families scratching their heads, frustrated by what appears to be a compromised inspection process.
While much of the evidence about their claim has historically been anecdotal, a closer look at the inspection histories of the nursing homes most recently added to the Center for Medicare and Medicaid’s Special Focus Facility list gives credence to their argument.
Of the nine nursing homes added to the list this month, more than two-thirds of the cited severe deficiencies in those homes were discovered during random complaint investigations[2] (see graph below). The sample data shows when inspections are untethered from restrictive timeframes and occur randomly, a nursing home’s ability to undertake advanced preparations for the surveyor’s visit is diminished–yielding more serious problems that need immediate attention. And when this happens, surveyors are more apt to pinpoint those problems so they can can quickly negotiate a prompt remedy before violations become catastrophic for residents.
Fortunately, federal and state officials are aware of this overall concern and have taken some steps to enhance the integrity of the inspection process by, for example, coordinating a percentage of annual surveys during non-regular business hours and by standardizing additional family interviews during their surveys.
AKRON, Ohio -- Summit County Probate Court released a new video
titled "Guardianship: As your Special Needs Child Becomes An Adult," to
help parents of developmentally disabled children make decisions about
their child's transition into adulthood.
The video is meant to inform, address issues and answer questions parents may have as their children approach age 18.
"I recognize that it can be a difficult decision to journey on the
path from parent to legal guardian," Probate Court Judge Elinore Marsh
Stormer said in a news release. "This video acknowledges this reality
and provides an important piece in our overall effort to protect our
wards and to support their guardians."
The video shows parents Fiovi, who talks about her son Nicholas, and
Mary, who discusses her experience becoming the legal guardian of her
son Scott.
They each speak with Stormer, who guides them through the process of making a decision in the best interest of their children.
The video can be used in tandem with a video previously released by the Probate Court titled "Guardianship of Persons With Developmental Disabilities." The videos together provide information to support caregivers and loved ones of children with special needs.
Guardian training is mandated by the Ohio Supreme Court. Summit
County Probate Court created the first comprehensive video training in
Ohio.
There are 18 videos available for online viewing through the Probate
Court's website that cover issues ranging from advanced directives to
marriage licenses. They can be viewed at www.summitohioprobate.com.
The Florida Supreme Court has ordered that Milton attorney Jennifer Byrom be publicly reprimanded after it found the attorney charged excessive fees for a 10-year-long probate case.
The matter began in 1998 when Byrom’s future client, a widow, consulted her on her husband’s estate, requesting assistance with handling the $1.5 million estate. In July 1998, Byrom took guardianship, but she did not extend guardianship to the widow in petitions filed with the courts.
It was at this time when the attorney began to charge exorbitant hourly rates. According to court documents, Byrom charged between $60 and $85 per hour for any work performed by her staff and between $180 and $250 per hour for work she completed done. She charged the widow for both guardianship and legal services, even though she was only entitled to charge for performing the latter.
Additionally, Byrom charged incidentals to the account such as her food and travel expenses. All of her expenses were approved by the courts.
After 10.5 years of service, the widow’s daughter filed for and was granted guardianship, but Byrom had already racked up charges totaling $400,000 during her time as guardian.
After reviewing the facts of the case, including the court approvals and signatures from the widow and her children approving the activities charged, the Supreme Court determined that discipline was warranted. Byrom will to be publicly reprimanded in the Referee and will be required to take 15 hours of continuing legal education in guardianship and 15 hours in guardianship, probate and/or estate planning.
The family law attorney was admitted to the Florida State Bar in 1985 and is a graduate of the Samford University Cumberland School of Law in Birmingham, Alabama. She had no prior record of discipline in the state.
The Bibb County Sheriff’s Office is casting an online drag net for a 39-year-old woman accused of preying on a senior citizen.
Christy Lynn Parks is wanted for burglary in the second degree, forgery and exploitation of an elderly person, according to a post on the sheriff’s office facebook page.
Parks, who is about 5 feet 1 and 120 pounds, could be driving a black GMC Yukon.
Anyone with information is urged to call Investigator Kenneth Hester at 478-951-7659 or the Bibb County Sheriff’s Office at 478-751-7500.
VOLUSIA COUNTY, Fla. - A man who is accused of targeting senior victims and overcharging them for construction costs has been arrested, Volusia County deputies said.
Gary Mitchell, 29, was arrested Thursday in Broward County and taken to the Volusia County Jail.
Deputies said Mitchell specifically targets older residents.
Mitchell is accused of going to a 90-year-old DeBary woman’s home and telling her that she needed her driveway resurfaced, deputies said.
The woman initially declined, but later let the man fix her driveway for $3,000, investigators said.
The woman told deputies that she thought that was too much, but did it anyway. She said she tried to have the bank cancel the check, but Mitchell had already cashed the check, investigators said.
Detectives later learned that Mitchell didn’t resurface the woman’s driveway, but painted over it with a watered-down concrete mix, deputies said.
Deputies said Mitchell also tried to get $3,200 from an 88-year-old DeBary man for work on his driveway, but, accepted $40 after the man complained to Mitchell that the price was too high.
Mitchell was previously convicted in Arizona of financial exploitation of a vulnerable adult, deputies said.
Mitchell is charged with elderly exploitation and scheme to defraud.
The Pennsylvania Supreme Court is set to convene in Harrisburg on
Tuesday and Wednesday to hear argument on a variety of issues, including
right to counsel during psychological exams, the role of stare decisis
in judicial discipline cases and the statute of limitations in
underinsured motorist cases.
Right to Counsel
One
of the first cases the court will hear is an appeal from a March 2016
Superior Court ruling that a litigant does not have an absolute right to
the presence of counsel during an independent psychological evaluation.
In
a March 9 opinion in Shearer v. Hafer, a unanimous three-judge panel of
the court held in an apparent issue of first impression that
Pennsylvania's Rules of Civil Procedure allow a trial court to issue
protective orders expressly prohibiting the presence of third-party
observers during the standardized portion of an evaluation. The
psychologist conducting the evaluation at issue had said counsel's
presence could threaten the validity of data gathered during the test.
The
decision affirmed a ruling of the Lebanon County Court of Common Pleas,
which granted Scott Hafer and Paulette Ford's motion for a protective
order in a case involving a car accident.
Judicial Discipline
The
court will also hear argument in the disciplinary cases of two
suspended Philadelphia judges who were removed from office for ethics
violations.
The question before the justices is whether, when
imposing sanctions on a judge, the Court of Judicial Discipline is bound
to follow the doctrine of stare decisis, requiring it to follow its
prior decisions.
In separate sanctions rulings issued Dec. 16, the
CJD removed both judges from the bench and barred them from holding
public office in the future.
Both judges have already appealed the sanctions rulings to the state Supreme Court.
The
decisions came after Philadelphia Court of Common Pleas Judge Angeles
Roca and Philadelphia Municipal Court Judge Dawn Segal were found
earlier this year to have violated the state constitution and the Code
of Judicial Conduct by engaging in ex parte contact with former
Municipal Court Judge Joseph C. Waters Jr., who was later charged
criminally and sentenced to 24 months in prison for fixing cases of
political donors.
UM Arbitration Preservation
Is
an unopposed demand for arbitration enough to toll the statute of
limitations for bringing an uninsured motorist claim that is subject to
mandatory arbitration, or does an arbitration petition need to be filed
with a court?
That is the question the Pennsylvania Supreme Court
is set to consider. Both sides said they are looking forward to a clear
rule from the Supreme Court on the issue.
In late December 2016,
the justices took up an appeal in Erie Insurance Exchange v. Bristol.
The court specifically agreed to hear arguments about whether the
statute of limitations in uninsured motorist claims subject to mandatory
arbitration is "tolled only by the commencement of an official judicial
action, or may extrajudicial actions also toll the statute of
limitations."
A three-judge panel of the state Superior Court in
May 2016 ruled that the statute of limitations on an uninsured motorist
claim had not been tolled despite the parties corresponding about the
mandatory arbitration and even selecting arbitrators. The decision
upheld a ruling from the Montgomery County Court of Common Pleas, which
had granted summary judgment for the insurance carrier.
