Pinellas County professional guardian Fernando Gutierrez has been charged with multiple counts of exploitation of elderly residents who resided in assisted living facilities using power of attorney agreements. The I-Team has done multiple stories about Gutierrez, who has been under investigation for years by the Florida Attorney General's Office. He admitted to us the he is the POA or health care surrogate for dozens of elderly residents.
If you know someone who is affected by his arrest, please contact me at adam@abcactionnews.com
RUSSELLVILLE – Tommy Montgomery was trying to help a woman and her family who were down and out. Instead, Montgomery ended up being a statistic in the growing crime of elder abuse financial exploitation.
“I met her and she said she was going to help me," said the 64-year-old Montgomery. "Then she said she needed some money, and she would come by my house and I would loan her money.”
Montgomery’s wife was in a nursing home and he believed the woman was going to help out around his house.
“At least that’s what she led him to believe,” Franklin County District Attorney Joey Rushing said.
After loaning the woman money, Montgomery was then approached about giving the woman and her family a place to live.
“They started staying on my porch, and the next thing I knew, her, her husband and their two children had moved into the house with me,” he said.
Before long, Montgomery said he was asked to go with the woman to help her get loans.
“She took me to where you write checks and they would loan you money,” Montgomery said.
He said he never got any of the money that he signed for, which according to the district attorney’s office amounts to nearly $3,000.
“She even had him put his truck up for collateral on one of the loans,” Rushing said. “She had him on the hook for all of the loans, and he got nothing out of it but the payments.”
Montgomery said the couple and their two children lived with him several months.
“Tommy, is so good-hearted and always wanting to help others that he couldn’t say 'no' to her,” Rushing said.
“I was just trying to help, and they took advantage of me,” Montgomery said.
According to reports, the Franklin County Department of Human Resourses got involved in trying to check on the two children, and a concerned citizen who knew Montgomery contacted police.
As it turned out the woman, Julie Hawk Clark, was arrested for financial exploitation. Her husband was arrested on the misdemeanor charges of illegal possession of prescription drugs.
Rushing said Clark eventually pleaded guilty to second-degree financial exploitation of the elderly and was sentenced to five years, split to time served and being placed on supervised probation for five years.
“Neither she nor her husband can have any contact with Tommy,” Rushing said.
“It’s just sad that there are people who prey on the goodness of others like this. And that’s all this was,” Rushing said.
Montgomery’s case is not an isolated incident. More and more adults, 60 and older, are becoming victims of elder abuse.
According to a report by AARP, 1 in 10 Americans age 60 and older have experienced some form of elder abuse.
Jerry Groce, regional director for the Alabama Department of Human Resources, said elder abuse comes in a variety of forms from sexual to emotional to physical violence and financial manipulation.
“You see them all, but the biggest issue we see right now is financial exploitation,” Groce said.
He said people will go to “great depths” to take advantage of others, especially the older population.
“Eldely people seem to be more trusting. They grew up in a time when people gave them their word and they kept it,” Groce said. “Unfortunately, in today’s society that just doesn’t happen like it used to.”
Locally, law enforcement and DHR officials who work with the elderly population are seeing an increase in elder abuse cases.
According to local statistics, in 2010 there were 173 cases of elder abuse reported in Colbert, Franklin and Lauderdale counties. That increased to 543 in 2016. This year, the three counties have reported 383 cases.
“There is no question elder abuse is on the rise. It’s one of the fastest growing types of abuse we see,” Lauderdale County District Attorney Chris Connolly said.
A large percentage of the abuse cases involve financial exploitation.
“It used to be we might see one (case) every year or so. Then it got to be every month or two. Now, it seems like we see one of these cases every week,” Connolly said.
Rushing said he recently had three cases of financial exploitation, the most the county has had at one time.
“Honestly, it’s almost like an epidemic,” Rushing said.
Cassie Martin, adult protective supervisor for Colbert County DHR, said in many cases, it is the caregiver or a relative who is exploiting their elderly family member.
“The victims are so trusting and they are having to trust someone to take care of them,” Martin said. “Oftentimes, the ones abusing and exploiting are the ones our adults trust and love. This often makes it hard for the older adults to admit that abuse happened.”
Groce believes the problem has increased because of our more mobile society.
“In the past, people had extended family who lived nearby and took care of them. They were always checking on them,” Groce said. “Now, as society has become so mobile, families don’t live that close, some not even in the same city or state. They’re spread out, and it leaves our older adults vulnerable to this kind of abuse or exploitation.”
Groce said statistics indicate elder abuse is one of the least reported crimes.
“According to reports, we may be getting only about 20 percent of cases actually occurring” Groce said.
“It’s scary to think there are that many more of these types cases going on that we don’t know about,” Rushing added.
Connolly said many victims are afraid to report the abuse.
“They’re scared to come forward because they need someone to take care of them,” he said. “And they’re scared for their safety, so it goes unreported.”
Martin said victims are often ashamed of what has happened to them.
“They don’t want to admit that they have been taken advantage of,” she said, “and that is exactly what’s happened. People are preying on these innocent victims. There are people who make a living taking advantage of our elderly population.”
Groce said law enforcement and DHR are working to make people more aware of the problem.
“Our older population should be revered, not exploited,” he said. “We want to do all we can to take care of them, keep them safe, and protect them from being take advantage of by these predators.”
In some respects, Bitty and Beau's is like any other coffee shop — there's the smell of coffee brewing, the pastry case of croissants and muffins, a handful of people sitting at tables in front of steaming cups.
Yet there are other signs that this is someplace different. There's the bubbly cashier, Jesse Guillaume, who has cerebral palsy and wears a flower crown every day, and only takes a break from chatting to ring up customers’ coffee orders. There's Matt Dean, who has autism and is bent on selling Bitty and Beau’s totes to everyone who walks in the door — "It's perfect for summer!" — in between helping out behind the bar, where workers churn out frappes and cappuccinos.
And then there are the occasional dance parties in the center of
the coffee shop, often led by 22-year-old Trevor Jefferson, who has
Down syndrome and dreams of being a Hollywood actor. He shakes his hips
to Justin Bieber and Katy Perry, blowing kisses at the smartphone
cameras recording his moves.
“You kind of see a lightbulb go off in people’s eyes,” Ben
Wright, who co-founded the shop with his wife, Amy Wright, told TODAY
during a recent visit. All of their 40 employees have some form of
disability, with the exception of two managers.
“The whole point is just to show people who come in that people
with intellectual and developmental disabilities can do a lot more than
you think they can,” Wright added.
TODAY
Ben and Amy Wright named the coffee shop after their children Beau and Bitty, who have Down syndrome.
The couple opened Bitty and Beau’s
in January 2016, in a 500-square-foot store in Wilmington, North
Carolina. They quickly outgrew the location and moved into a former
Hummer dealership a few miles away — 10 times the size of their original
space. This fall, they’ll open a second outpost in Charleston, South
Carolina.
“This dream has unfolded so quickly and with so much support
behind it that we never saw this coming,” Amy Wright, who runs
day-to-day operations at the coffee shop, told TODAY.
The Wrights have four children; their youngest two, Bitty, 7,
and Beau, 12, the coffee shop’s namesakes, have Down syndrome. They
opened the shop in part so that their children would one day have a
place to work.
The estate planning lawyers on the website at Walsh & Padilla in
Houston look like you would expect. Earnest. Well-groomed. Suits and
ties for the men, pearls and pendants for the women.
There's only one problem: Walsh & Padilla doesn't exist.
The Houston Bar Association, in a lawsuit filed in state district court in Harris County, alleges that Walsh & Padilla
is fictitious and its website touting estate planning, probate and
other legal services is an elaborate front for a scam to fleece the
elderly, including one victim who had $14,000 drained from a bank
account. The attorneys in the photos look so lawyerly because they are
lawyers -- except at other law firms, from where the photos were stolen.
The site even includes a working phone number, with an automated
answering system that patches callers through to the voice mail of top
partner "Jonathan Walsh." (Calls to that number seeking comment were not returned.)
The scam involves sending letters to elderly residents in the
United States and Canada informing them that they have life insurance
proceeds coming to them as a pretense to gain bank account numbers and
other financial details, according to court documents. The bar
association on Monday obtained a court order requiring the website to
shut down immediately; the bar association also said it filed a criminal
complaint with the Harris Count District Attorney's Office, which
declined to comment.
The scam has an unusual level of sophistication, nothing like the easy to spot email entreaties for money, said Mary Kate Raffetto,
a commercial litigator at Beck Redden, who has done much of the legwork
to track down the scam artists. "Someone with some know how-has done
this and put this together," she said.
The website remains up
as the bar association, which traced the operation to South Africa,
tries to locate the web server and deliver the restraining order. "The
more we investigate, you see they're trying to cover their tracks to
prevent you from finding out who hosts the site," said Raffetto.
Walsh & Padilla came to the attention of the bar association recently when its president, Alistair Dawson, received a call from the Houston law firm Jackson Walker. The photo of one of its partners, Curt Langley, appeared on the Walsh & Padilla site, but over the name "Jonathan Walsh, B.A., J.D."
That was discovered by a recipient of one of the letters about life
insurance proceeds who became suspicious, did a reverse search on the
Jonathan Walsh photo, found Langley and notified him. "I've been telling
everyone here they wanted to use someone who is good looking and has an
honest looking face," said Langley.
William R. Hayes,
an estate planning and probate lawyer with Hayes & Wilson in
Houston, also started getting calls from Canada and discovered, much to
his surprise, that his firm's website had been cloned by Walsh &
Padilla. One of the calls Hayes received was from a Canadian who was
contacted by Walsh & Padilla under the guise of a relative who died
in Houston and left a life insurance policy of $6.2 million.
"They changed the name, put in a new (phone) number," he said, but
the design, courtroom photos and even the blue/brown/gold color scheme
are the same. Even the links on cloned website take visitors to the
biographies of Hayes & Wilson lawyers, including Hayes and his
partner Lisa Wilson, to make it look like they work for Walsh & Padilla.
"If you do enough clicking, you will find most of us on it," he said.
"Walsh & Padilla also used photos of three lawyers and one firm administrator at Allen Matkins, a Los Angeles-based real estate law firm. All the names were changed, according to the lawsuit.
"The case serves as a reminder that if something seems too good to be
true it probably is," Raffetto said. If a lawyer, financial advisor or
someone else says they've got money for you, she said, "Be very wary."
SALT LAKE CITY — As county officials prepare to use their purse strings power to help address the troubling situation around Salt Lake County Recorder Gary Ott, state leaders also are pushing forward.
The Legislature's Political Subdivisions Interim Committee voted
unanimously Wednesday to create a bill file that legislators can use to
create a new law to remove incapacitated county elected officials from
office — and fill a "hole" in state law that provides no recourse when
such situations arise.
Earlier this year, Rep. Rebecca Chavez-Houck, D-Salt Lake City, proposed
a bill that would implement a three-tiered process for removal: a voter
petition, a unanimous vote from the applicable governing body, and a
judicial proceeding where a judge could order a medical evaluation of
the public officer in question.
However, the bill was placed on hold
during the 2017 Legislature, with lawmakers saying the issue needed
more study, and wary that such a law could be used as a political
weapon.
Previously, Chavez-Houck sponsored the bill alone. But Wednesday, Sen.
Daniel Thatcher, R-West Valley City, stepped forward as a Republican
backer with his own ideas of how to make such a law palatable to
legislators.
Thatcher proposed a different three-part framework, where a county
council or commission would have to vote unanimously to call for a
mental competency exam in court. If a judge then ruled the individual to
be incompetent and untreatable, the council could then vote unanimously
to remove the official from office.
"This is a deep, personal issue for me," Thatcher revealed during
Wednesday's meeting. "Gary Ott was one of my mentors. When I made the
decision to run for office, Gary Ott was the very first elected official
I sat down with. He wrote me my first donation. I love this man."
But the last time Thatcher had a conversation with Ott at a Republican event, he realized something was wrong, he said.
"After about 15 seconds of lucidity, he started yelling at me for taking
his tools before (his deputy) Julie (Dole) quickly whisked him away and
out of sight," he said.
Dole disputed Thatcher's story, telling the Deseret News in a text message Wednesday it "never happened."
"I've never seen Gary yell at Thatcher or yell about his tools," she
said. "Matter of fact, I can't recall ever seeing Gary yell. I'll think
on this more, but (I) am not recalling any situations of Gary yelling in
my presence."
Thatcher told lawmakers that "in a perfect world" loved ones would help
an elected official step down with grace when they're inflicted by
illness, but as portrayed by Ott's story, that isn't always the case.
That's why, he said, a law to address such situations is needed.
"Yes, I want to deal with the Gary Ott situation," Thatcher said. "But I also want to make sure this never happens again."
However, creating such a law might not be as simple as passing a bill.
Darcy Goddard, chief policy adviser in the Salt Lake County District
Attorney's Office, told lawmakers they "would almost certainly require" a
change to the Utah Constitution to create a law that wouldn't be
vulnerable to unconstitutional arguments.
A constitutional amendment would require a two-thirds majority vote in
both the House and Senate, and would need to be approved by voters in
the next general election.
Rep. Christine Watkins, R-Price, said she could "see where this is going
to be very tricky," but added that Thatcher's proposal "probably has
some merit."
Rep. Val Potter, R-North Logan, said he's supportive of pursuing a new
law because he worries that situations such as Ott's, while rare, have
happened before and can happen again.
When he was a county council member, Potter said, "we had this very thing happen."
"We had an elected official who was not able to do her job because of
cancer," he said, but the matter was resolved when county leaders
"offered her an opportunity to resign."
"This does happen, and I don't think we know how many times this has happened," Potter said.
As waves of baby-boomers reach retirement age, it seems there has
been more media coverage lately about issues that affect seniors. One
of these is the prevalence of elder abuse. I'm not sure if it's on the
rise or it's just being publicized more than it once was, due to
shifting demographics.
We often think of elder abuse in terms of what we can readily
observe-- physical acts committed against older people, hidden cameras
revealing in-home caregivers or nursing home employees lashing out at
those they've been entrusted to protect. But there's another form that
can sometimes take years to recognize and can be difficult to prosecute,
but it is abuse nonetheless-- financial exploitation of the elderly.
With my parents recently retired, I've been on the lookout for
information about how to improve quality of life for the 65+ population.
That's why yesterday's Tribune article about a Blue Island car dealership allegedly taking advantage of an 85-year-old customer caught my attention.
Her son says his mother, June Shivers, dropped off her beloved 2005
Lincoln LS one day for some repairs. She came home later that afternoon
with a 2014 Ford Fusion and a six-year payment plan at about $400 per
month.
It appears that she thought the dealership was giving her a "loaner"
car to test-drive for a couple days while the Lincoln was in the shop.
Concerned, her son called the dealership after his mother's friends
told him, "I think they're trying to sell your mom a car." The
dealership assured him she was just going to take it for a test drive,
but when she got home, he found documents in her possession, bearing her
signature, that suggest otherwise.
She's since filed a lawsuit against the dealership and the bank that
provided the financing. Her son says she wasn't given a fair trade-in
value for the Lincoln; she got a $600 credit when a fair one would have
totaled at least $2,000. He also claims that his mother has been having
problems with her memory and was not in a position to make the
transaction. He believes the dealership took advantage of her.
The Blue Island business, however, asserts that they had seen June
Shivers several times over the years, and that they didn't notice any
signs that she was having cognitive difficulties. The car has since
been repossessed, and she's still on the hook for what's left of the
loan, more than $10,000.
It's not clear what happened here. It seems odd that she would trade
in a vehicle that she loved, when it was fully paid for, and take on a
purchase that would leave her in so much debt. Unfortunately, it
appears that her family hasn't provided any documentation of her memory
problems, which would help their case. Still, something doesn't add up.
Her son alleges she didn't know what she was signing when she
provided her John Hancock on the forms that finalized the sale, and that
she never would have given up her Lincoln.
Cases like this remind us to keep tabs on our older loved ones. It's
bad enough when businesses take advantage of them. And there are the
numerous phone scams where some unknown individual contacts them to tell
them their child needs to be bailed out of jail or that they must
support a particular cause. Too often, the elderly victims send money
or provide bank account information, their assets are taken, and by the
time law enforcement can get involved, it's usually too late to recoup
the losses.
What's especially troubling is that fraud often takes more subtle
forms, and the older person is exploited by some one he or she knows and
trusts. The New York Times reports that, in many cases, the guilty parties are the victims' own friends or family members.
They may seek access to the older person's home or bank account,
stealing small amounts at a time so as not to call too much attention to
themselves. Those with dementia and similar problems are especially
vulnerable, because they're less likely to recognize what's happening.
Yet they can be cheated out of their entire life savings, sometimes
even losing their homes, too.
It can appear that they consented to the withdrawals or willingly
gave away valuable possessions since they readily provided access to
their assets, when in reality they didn't know they were being fleeced
of everything they had.
Many instances of abuse go unreported. Authorities may be reluctant
to get involved, thinking it's a "family matter." But as increasing
numbers of well-off Americans reach their golden years, there's been a
resounding call in many states and locales to
put stiffer penalties on the books for those who take advantage of this
population, and several jurisdictions have taken measures to crack down
on elder exploitation.
In 2010, the federal government passed the Elder Justice Act to raise
awareness of financial crimes committed against older people, and to
encourage reporting of cases of exploitation.
Greater awareness and tougher legislation are definitely in order.
It's also important for the families of exploited individuals, when
reporting such cases, to provide relevant medical information if their
loved one has memory loss. Doing so makes it easier for a judge, jury,
or police officer to understand how the victim could easily be taken
advantage of.
Meanwhile, keep an eye on your older loved one. If they mention that
they've recently turned over the keys to their home or granted power of
attorney to some one you wouldn't expect or don't trust, don't be
afraid to ask questions and dig deeper. If the person in question is
not doing anything suspicious, they should be willing to be transparent
about their relationship to your loved one, and should understand why
you're concerned.
If fraudulent activity is going on, then you can intervene early,
before your loved one's entire livelihood is lost, and the criminal can
hopefully be brought to justice before any more damage is done.
(Lawrenceburg, Ind.) – Thanks to a monetary donation by Dearborn County Hospital and the support of Circuit Court Judge James Humphrey, LifeTime Resources was recently awarded a grant to better assist seniors and incapacitated adults in Dearborn County.
Monies derived from the $50,000 Volunteer Advocates for Seniors or Incapacitated Adults (VASIA) grant, awarded by the Indiana Supreme Court, will be combined with Dearborn County Hospital’s donation of $12,500 and additional funding to help maintain and operate a volunteer guardianship program.
As a requirement to receive a VASIA grant, applicant programs must have a commitment from one or more entities in their service area to provide matching funds.
Designed to address temporary and/or emergency guardianship needs, the program, operated by Sentry Services and administered by LifeTime Resources, will serve as a guardian/representative payee for seniors or incapacitated adults whose family and/or friends are either unable or unwilling to assume the responsibility. The intent of the program is to assure that the rights and interests of all seniors and incapacitated adults are protected under the full extent of the law.
The VASIA grant will also allow for the program to expand its scope of services for seniors and incapacitated adults through the use of volunteers. The program will utilize volunteers to provide various forms of assistance such as calling and/or visiting the individual; escorting them to healthcare appointments; helping them apply for benefits; and other appropriate activities or duties.
For more information on the program and its services and requirements, please contact Sentry Services at LifeTime Resources by calling (812) 432-6220.
GREENEVILLE, Tenn. - Two people in Greeneville have been charged with abuse after police say an elderly woman was locked outside of her home-- away from her oxygen.
Around 11:00 a.m. on Sunday, officers responded to an anonymous complaint to check the welfare of an elderly woman on the front porch of her home on Cherry Street.
The victim says her son, Josh Lane, and his wife, Brandy Ragan, locked her out of the house because she woke them up.
The victim also said they nailed the windows shut and padlocked the door to keep her from gaining entry to her oxygen machine.
She went on to say she had been without her oxygen for three days.
Lane and Ragan are both charged with willful abuse and neglect or exploitation of an adult.
Ragan is also charged with an outstanding violation of a probation warrant.
The police report said the incident was drug related.
It can be overwhelming to try to understand your options for in-home, community-based and long-term supports and services. Maine’s Aging and Disability Resource Centers (ADRCs) are here to help!
ADRCs provide answers to questions about aging and disability resources in Maine. ADRC staff are knowledgeable on a wide range of issues and can help you find the resources you need.
ADRC resource experts have designed this site to help you find your own way to the right resources. Click “Explore Your Options” to get started. If you don’t find what you need or need more help, call 1-877-353-3771.
The FBI has joined the investigation into the alleged diversion of millions of dollars in assets, including clients’ Social Security deposits, held by the Desert State Life Management trust company in Albuquerque for elderly and mentally or physically incapacitated clients.
The FBI on Thursday filed a petition seeking the civil forfeiture of two properties owned by Desert State CEO Paul Donisthorpe and his wife, Liane Kerr.
The allegations contained in the 17-page petition contend Donisthorpe engaged in an illegal scheme to defraud the clients of his nonprofit trust company, conducting “financial transactions involving the proceeds of that scheme in a manner so as to conceal the nature, source, location, ownership or control of the proceeds of that scheme to defraud,” all in violation of federal wire fraud, bank fraud and money laundering laws.
Included in the forfeiture petition is a “luxury lodge” in Angel Fire that the couple has been actively trying to sell. The price was reduced just last weekend to $725,000 from $899,000, according to internet real estate listings. The assessed value in 2016 was $925,000.
The federal government also seeks the forfeiture of Desert State’s business office, at 1011 4th St. NW. That’s the same address for Kerr’s law office. She is a criminal defense attorney.
Both properties, the petition alleges, were purchased at least in part with Desert State client funds.
The forfeiture action filed by the U.S. Attorney’s Office in Albuquerque and signed by FBI Special Agent Grant Nixon is a civil matter, and no criminal charges have been filed in the case. Neither Donisthorpe, a certified public accountant who reportedly has medical issues, nor his wife returned Journal requests for comment.
The state Financial Institutions Division has been attempting to conduct a financial examination of Desert State since February, despite what state officials said were numerous stalling attempts by Donisthorpe. He has reportedly suffered some sort of brain damage, either from a stroke, a fall or a suicide attempt, according to a petition filed May 31 by the state agency.
The state petition, which seeks to assume control of the trust company via receivership, contends that so far examiners have found more than $4.1 million in client assets missing after being transferred into bank accounts associated with Donisthorpe and his other business interests. Donisthorpe hasn’t yet responded to the state’s allegations in court. An estimated 70 clients have been identified as suffering losses, state officials say.
The Santa Teresa family of one client has been informed that their disabled son’s $1 million account at Desert State has been drained to zero.
The federal petition states that FBI agent Nixon reviewed a March 10, 2015, financial statement signed by Donisthorpe and his wife showing their joint income to be about $100,000. The couple had obtained a mortgage on the four-bedroom, four-bathroom Angel Fire home, with $130,128 as the principal amount of the loan.
At least $49,000 of client funds were diverted from Desert State client accounts and applied to the mortgage on the Angel Fire property, the forfeiture petition states. Another $37,870 in clients funds were applied to the mortgage on the 4th Street property in Albuquerque after being diverted to Donisthorpe’s Spectrum Capital account. More than $10,000 in what the FBI believes were client funds was also applied to the 4th Street property from two other accounts that Donisthorpe controls.
The petition alleges that client funds were “laundered” through Spectrum Capital Markets LLC and into Donisthorpe’s Corazon Cattle and Paul A. Donisthorpe LLC accounts.
According to the forfeiture filing, the state Financial Institutions Division on May 17 provided the FBI with an Excel spreadsheet showing bank information for Desert State and three of Donistorpe’s other business ventures: Paul A. Donisthorpe LLC, Spectrum Capital Markets LLC and Corazon Cattle LLC. The funds came from various sources including client Social Security deposits and client accounts at financial institutions like Charles Schwab or Vanguard, the petition says.
The financial records showed a pattern of client funds being transferred from client accounts at other financial institutions to Desert State before passing through Desert State accounts to an entity controlled by Donisthorpe, Spectrum Capital. “These transfers did not appear to be authorized by clients and are not consistent with legitimate operations at DSLM,” the petition states.
From Spectrum Capital, the funds were diverted to other entities Donisthorpe controlled: bank accounts, credit card accounts and mortgages, “none of which are associated with DSLM or legitimate business activities of DSLM,” according to the forfeiture filing.
From August 2013 to April 2016, the transfers from the Desert State account to Spectrum totaled about $2.2 million, it stated. “The analysis identified no funds returning to DSLM accounts once they enter the Spectrum Account.”
WAIKAPU — The older veteran whose son pushed him down the stairs, the
man who kept an elderly woman alive to get her Social Security checks,
the overworked caregiver who took the stress out on a patient — all are
examples of elder abuse, and often they go unnoticed, experts on aging
and abuse said Thursday.
“There are still people who think elder abuse only occurs in nursing homes,” said Kathy Greenlee, vice president of aging and health policy with the Center for Practical Bioethics. “Most abuse occurs, by the raw numbers, in the community, and it’s appropriate that we deal with it in all settings.”
Greenlee was the keynote speaker at the daylong Elder Abuse Awareness
Conference attended by nearly 200 people at the Kahili Golf Course on
Thursday, which was designated World Elder Abuse Awareness Day.
Elder abuse often goes unnoticed because many people aren’t aware
that it happens, and victims are ashamed to report it, Greenlee said. In
Hawaii, where it’s common for many generations to live together, the
risk for neglect or abuse persists.
“Caregivers mostly don’t intend to start out and harm their loved ones,” said Deborah Stone-Walls, executive on aging for the Maui County Office of Aging. “Most
of the time the abuse happens because of the mounting stress. . . .
It’s very cultural here in Hawaii for us to care for our families. We
don’t even view ourselves as caregivers. I’m just helping my mom. That’s
my job.”
Dr. Adam Coles
That’s why it’s important to be alert for signs of abuse and take steps to prevent it, speakers at the conference said.
Researchers estimate that one out of every 10 people age 60 and older
who live at home suffer abuse, neglect or exploitation, Greenlee said.
Two-thirds are women, and victims are disproportionately
African-American, Latino, poor or isolated. Abuse also can increase
mortality rate among elderly victims by almost 300 percent. “Not from the abuse itself but the ongoing trauma,” Greenlee said. “It’s a serious public health crisis . . . in terms of what it does to people.”
Part of the problem is that many people are reluctant to admit when
it happens. Often abusers can be a family member or caregiver and, in
addition to feelings of shame and guilt, many elderly greatly fear
losing their independence.
Others simply don’t realize it’s an issue. For example, it can be
hard for someone to believe that an elderly person is a victim of sexual
abuse, because “the general public doesn’t see older people as sexual people,” Greenlee said.
Kathy Greenlee
Elder
abuse comes in many forms: physical, emotional, psychological, sexual,
medical and financial. It includes neglect — failing to provide proper
food, clothing, medical, hygiene or supervision.
But how do family members or friends distinguish the normal signs of
aging from signs of declining health due to abuse? Often, it comes down
to looking for things that seem off, explained Dr. Adam Coles, a
psychiatrist and clinical director at the Maui Family Guidance Center.
It could be new or recurring injuries, especially those where the
explanation for the injury or the accounts of the caregiver and the
elderly patient don’t match up. It could be sudden weight loss or the
onset of depression, or any unusual change in behavior.
“There’s going to be some obvious signs,” Stone-Walls said. “Broken
bones, bruises, some overt things like an unkempt home . . . and poor
hygiene. But there may also be other more subtle signs, such as
withdrawal or a noticeable change in activities. . . . Usually with
seniors when there’s a drastic change in their ability to spend money to
care for themselves, that could be an indication that they are being
financially abused.”
The elderly are frequent targets of financial scams, said Leif
Adachi, a detective with the Maui Police Department who investigates
financial crimes.
“Why are kupunas targeted? The number one reason should actually be money,” Adachi said. “Grandma who’s retired and worked all her life has a savings.”
Deborah Stone-Walls
Criminals
have concocted a wide array of tricks, from claiming to be computer
techs to posing as a grandchild calling from prison and needing money
for bail. And, it’s not just distant crooks doing the swindling. It’s
also people who misuse their elderly family members’ money. Adachi
advised people to stay up to date on the latest scams, validate people’s
information before doing business with them and reporting any
suspicious activity to police.
But the most common source of elder abuse is at the hands of caregivers. While providing long-term care is “a burden of love,” it’s also a risk, Greenlee said.
“I think it’s too easy to dismiss all caregiver abuse as stress, but I think it’s a great correlation,” she said. “There
are mean caregivers. But there are also caregivers who are under
tremendous stress, and we need to pay particular attention to them and
give them interventions and support.”
Stone-Walls encouraged people to call their local aging office “before they feel stressed.”
“Even if they don’t feel like they need anything today, we can help them know what could be available in the future,” Stone-Walls said. “Caregivers need to be sure to not put themselves last. When they put themselves last, it can have devastating effects.”
Coles said one of the many ways people can prevent potential abuse is by “maximizing the independent living skills of the elderly,” which takes a burden off caregivers and gives the elderly a greater sense of freedom.
Avoiding the TV, getting some exercise and providing them with human
or animal companionship also can help combat loneliness and feelings of
neglect. It’s also important to make sure their medical and mental needs
are meant.
Sometimes, people just need to “be brave enough to ask,” Stone-Walls said.
“Even for professionals, sometimes I hear, ‘I think someone might be being abused and I don’t know how to ask,'” Stone-Walls said. “Sometimes people just need you to say, ‘Are you OK? How can we help you?'”
Many family caregivers of seniors will, at some point, have to answer the question “does your loved one have a DNR?”
Too often that question will come at a stressful time, during a medical emergency.
“What does that mean?” you may ask.
You won’t have to ask that, though, after you read this article.
DNR (Do Not Resuscitate), often referred to as “no code,” is an advance directive document that guides medical personnel to NOT perform CPR or otherwise try to revive your loved one if their heart is stopped.
If your senior loved one does not have a DNR in place, they are considered to be a full code and will receive all aggressive measures if their heart or breathing stops.
As a family caregiver you might be asked about their code status during an emergency — either full or no code or some level in-between.
A DNR advance directive is used only when the person is unable to communicate their own wishes and someone else needs to step in to direct their care, otherwise they will be asked to direct their care themselves.
CPR, cardiopulmonary resuscitation, is a technique that is used to reestablish a person’s heart rhythm and breathing, shocking the heart back to a normal beating rhythm. It can involve chest compressions, rescue breathing, defibrillation, medicine to stimulate the heart function, mask ventilation and intubation for mechanical breathing (also known as life support).
Details About DNR Orders
A doctor is required to sign a DNR advance directive to be placed in your senior loved ones medical record, unlike a living will which requires a signature of the person involved and possibly a witness. A new DNR is required upon each hospital admission, including transfers between facilities.
It is important to know that many EMS (emergency medical personnel) are not allowed to honor a DNR order unless specific to that state and properly executed. For example, some states have a DNR document for use by EMS and then another one for the hospital.
A physician order for life-sustaining treatment (POLST), which covers out of hospital DNR orders, may be available in your state. There are also bracelets or documents kept on the refrigerator to alert first responders or your senior’s wishes.
HELMSFORD, Mass. - Police are investigating a Lowell woman suspected of stealing tax dollars meant for kids with disabilities, 25 Investigates has learned.
Investigative Reporter Eric Rasmussen has been looking into the case for months and confirmed Amy Young, former director of family support at Chelmsford-based LifeLinks, is under investigation – suspected of helping herself to taxpayer money under the guise it was going to families in need.
LifeLinks is a nonprofit state contractor that passes along funding from the Department of Developmental Services to adults and children with intellectual and developmental disabilities in the Greater Lowell area.
A DDS spokesman confirmed LifeLinks alerted the state to the suspected theft by an employee in September, but 25 Investigates obtained Chelmsford police log records showing the nonprofit waited until November to report “embezzlement at LifeLinks over many years.”
Another four months passed before parents got a letter from LifeLinks in March that a “member of the staff inappropriately used funds.”
Parents looking for answers
Lisa Puccia and Joan Levasseur, two mothers who told 25 Investigates Young was assigned to help their children take on the challenges of autism, say they feel betrayed.
“That's just the same as walking in someone's house and stealing from them,” said Levasseur. Puccia said, “I'm actually taken back that she could even do this, at all, to any of us.”
When 25 Investigates asked LifeLinks about Young, the nonprofit’s CEO, Jean Phelps, declined an interview request but wrote in an email, “The staff person was terminated immediately.”
Now Puccia and Levasseur want to know if Young used their accounts in the suspected embezzlement – by billing for bogus services – but said they still can’t get answers.
“I couldn’t access the information to find out if the two checks a year I was getting for the social skills group were the only two checks against my account,” said Levasseur.
Phelps insisted in an email to 25 Investigates that the stolen money “did not directly impact any services received by individuals and families.”
Mom says no funding available
But Puccia isn’t convinced. She says her daughter stopped receiving help from LifeLinks in 2010.
“I approached LifeLinks, our family service provider, and she said that there was no funding available at that time and that when there was funding available they would actually get in touch with us and they never did,” said Puccia. “I thought she was looking out for my kid and she obviously wasn't. She was looking out for herself.”
Young declined an interview request. She instead sent us an email citing the “ongoing investigation” and added, “I have been advised to not make a statement.”
Meanwhile, parents tell 25 Investigates they became suspicious about recent social media posts from Young and her family documenting frequent vacations.
“(She’s taking) trips to Disney, trips to Las Vegas... and more than one trip to Disney in a year. I mean, really?,” said Levasseur.
LifeLinks receives millions in state tax dollars
Neither Chelmsford Police nor LifeLinks would say exactly how much money Young is suspected of embezzling or how long the theft had been going on.
But public records reveal the nonprofit contractor took in more than $15 million from the state in just fiscal 2016 alone.
The Chelmsford Police called the theft “a serious case” and said the case “will likely be presented to the grand jury” after the investigation is complete.
In an emailed statement to 25 Investigates, a spokesman for the Department of Developmental Services said the agency “treats the appropriation of taxpayer funds very seriously and is working with state officials to ensure any misused state funds are returned to the Commonwealth.”
The agency also told 25 Investigates, “DDS required that Lifelinks retain an independent accounting firm to conduct a review of their internal controls. No new individuals have been referred to LifeLinks for services.”
What happens when the Arkansas Judicial Discipline and Disability Commission is itself disciplined and finds itself disabled? The state is about to find out thanks to the continued antics on and off the bench by that regular inspiration for indignation, The Hon. Rev. Wendell Griffen, who continues to make more headlines than sense.
This time it took a three-page letter from the respected Howard Brill, a former chief justice of the state's Supreme Court, to get both the commission's executive director, David Sachar, and his deputy, Emily White, to step aside from a case and imbroglio that once again pits the best interests of the State of Arkansas against Wendell Griffen's seemingly endless capacity to make trouble for all concerned or who should be concerned, namely We the People.
"It is my belief," wrote Professor Brill in a letter to the commission's top two officials, "that both of you are caught in an unacceptable dilemma with these competing allegations [for and against Judge Griffen]. Unique circumstances are present in this situation. Accordingly, I believe that the commission, and indeed the state, would be best served if both [of you] withdrew from any major role in the investigation or prosecution of any charges arising from either of these referrals" to the commission on ethical grounds--one each against the whole Supreme Court from Judge Griffen, and the other against Judge Griffen from the whole Supreme Court.
At this confused and confusing point, the state's judicial ethics commission had gotten a grand total of 253 complaints as of the end of 2015, all of which came to nothing except one. That one did result in the sanction of a single judge, but nothing more. Just as Professor Brill's letter to the commission noted, this isn't the first time the commission has had to deal with Brother Griffen--for in 2005, when Wendell Griffen was a member of the state's Court of Appeals, the commission concluded not to discipline him because his tendency to discuss "disputed political or legal issues" was protected by the First Amendment, but now the judge is again in the middle of a political and legal firestorm. This one features cross-complaints from himself and the state's Supreme Court, and Judge/Rev. Griffen may have found a way to disqualify the whole ethics-and-disability commission from judging him. By claiming it has a conflict of interest.
Why? Because, as Professor Bill notes, the commission may be formally independent of the state's Supreme Court but is obliged to work with it closely when it comes to cases involving of judicial conduct. This investigation, as the professor notes in his letter to the commission, "would make it difficult for you to conduct a truly independent investigation."
Then there are the unique circumstances of this heckuva mess. For the commission may have investigated complaints against one judge or another before now, but not against all seven members of the state's highest court. This investigation, the professor warns, with all its "sharply conflicting allegations, and the scope of the potential charges, would likely make an investigation lengthy and difficult. A proper investigation would likely require interviews or even depositions of members of the [Supreme Court] and others. You would be hampered in conducting such interviews." Therefore the members of the commission should step aside in favor of independent investigators.
So congratulations, Judge Griffen, on your latest victory over the public interest. When it comes to delaying and denying justice, few are able to throw a monkey wrench into this state's legal machinery with your dexterity--and success.
Gentle Reader may already have noticed that wherever Brother Griffen wanders in the law, trouble is sure to follow, along with confusion. Megalomaniacal pretensions can have all kinds of repercussions when it comes to politics in general and the law in particular.
The constitution of this state provides a solution when a public official is a continual source of embarrassment and consternation. It's called impeachment and the wheels for it should already have been greased on those previous occasions when it became necessary or, in Judge Griffen's case, imperative. If 'twere done, and it should be, let it be done quickly. Before the judge gets himself and the State of Arkansas into even more trouble.
The 86-year-old man did not want to admit that his son was forging checks and stealing from him to support his drug habit.
The son lived rent-free with his father and 83-year-old mother, who had dementia, and was supposed to be helping care for them. The father never said a word about the thefts to his daughter.
Even when his daughter discovered the truth and asked him about it, the man could only nod in the affirmative.
“He sadly shook his head. He could not verbalize it,” said the daughter, whom the Times-Union is not naming to avoid embarrassing her parents. “It’s his child. Still to this day he would do anything for him.”
ElderSource,
a Jacksonville-based senior resources organization that serves seven
Northeast Florida counties, will have a seminar Thursday on how to
prevent elder exploitation, abuse and neglect.
Three speakers will share
tips for protecting older adults against fraud, scams and physical and
mental abuse.
As the number of elders in Northeast Florida increase, so do cases of abuse.
“In 2016 there were over 2,000 reports of elder abuse in
Northeast Florida. We know this number is low as many cases are not
reported,” said Linda Levin, CEO of ElderSource.
Often the senior is being exploited, abused or neglected
by a family member. Other times a stranger is involved. And some cases
are self-neglect, she said.
Such educational programs as the Thursday seminar “help
to build awareness of the problem and tell people how they can help,”
she said. “I hope people … engage in these opportunities. Anyone can
make a difference — everyone needs to make a difference.”
EXPLOITING OLDER ADULTS
At the 4th Judicial Circuit State Attorney’s Office in
Jacksonville, Chief Assistant State Attorney Mac Heavener and Human
Rights Division Director Octavius Holliday prosecute cases of abuse,
aggravated abuse and neglect of an elderly person or disabled adults, as
well as cases of explotation of such “vulnerable adults.”
They meet monthly with representatives of the
Jacksonville Sheriff’s Office, state Department of Children and Families
and Attorney General’s Office to monitor such cases, they said.
Criminal charges range from third- to first-degree
felonies, with penalties at five to 20 years in prison and fines $5,000
to $15,000, depending on the severity of the case. Some charges, such as
battery, carry “enhanced penalties” if the victim is age 65 or older,
Heavener said.
As the 86-year-old man’s daughter found, many elderly
people are loath to admit they are being abused or exploited. That’s the
case in particular for members of the so-called “Greatest Generation,”
who grew up in the Great Depression and fought in World War II, Heavener
said.
“As a whole, that generation … is reluctant to say, ” he said.
The prospect of a criminal trial is another burden for
the elderly, who may not be healthy enough to handle being in court or
emotionally strong enough to make a public accusation, particularly
against a relative, Holliday said.
“The bulk of cases are family members, so there is reluctance to throw those family members away and take action,” he said.
In addition, a fear of being removed from their homes prevents seniors from reporting abuse, he said.
To help prevent exploitation, Heavener said seniors’
bank accounts and credit card statements should be closely monitored.
Also, he recommended caution with business offers, especially those that
appear to target seniors.
“If it seems too good to be true, it probably is,” he said.
As for physical abuse, Holliday urged friends and family
members of seniors to watch for any physical changes, such as bruises.
Such evidence can even be spotted in video chats, he said.
Heavener and Holliday urged anyone who has concerns to
report them to the Children and Families Department, which will
investigate and call in police and prosecutors if warranted. In urgent
cases, when the health or welfare of a senior is at risk, they should
call 9-1-1.
“A lot of cases begin with a 9-1-1 call,” said Holliday,
whose Human Rights Division with him and another full-time attorney
also handles human trafficking, “racial animus” crimes and public
corruption. “The sooner the report, the better.”
‘DO THE RIGHT THING’
The case of the 86-year-old father being exploited by
his son was resolved after a call to Children and Families and action by
his daughter. By the time the state probe was begun, the daughter had
ordered her brother to move out.
“My father did admit to being afraid in his own home,” the daughter said. “I have never been so angry in my whole life.”
The family did not press charges. Later, after his wife
was moved to a dementia-care center, the father moved in with his
daughter.
“What’s most important is my father and mother are
safe,” she said. “I found out first-hand how difficult it is for elders.
This could have gone on for years, the whole enabling thing.”
She urged other family members of seniors to look out
for not only physical but behavioral changes, such as withdrawing. She
said “do the right thing” for seniors, many of whom cannot or will not
speak for themselves, even if it makes other family members angry.
“Caregiving is a role that often implodes sibling
relationships,” she said. “Nobody is immune, everybody has got some
disfunction in the family.”
ElderSource’s Levin also urged people to pay attention
to the seniors in their lives, including those in their families,
neighborhoods, churches and businesses.
“This is not a single person or family’s problem. This a
problem for the community,” she said. “We need to look out for each
other, take notice of what is going on with our neighbors and friends,
church members and customers. If we notice a change in that person,
reach out to them and if you have a suspicion, report it.
“It truly is a matter of life or death,” she said.
Beth Reese Cravey: (904) 359-4109
Elder Abuse Prevention Seminar
The
event — “Don’t Let It Happen To You,” focusing on preventing elder
abuse, neglect and exploitation — will be 11 a.m. to 1 p.m. Thursday at
the Main Library, Conference Center Level-Multipurpose Room, 303 N.
Laura St. in Jacksonville. Ken Amaro, First Coast News’ consumer and
investigative reporter; Lynne Powell of the Florida Department of
Children and Families; and attorney Tance Roberts will share tips for
protecting older adults against fraud, scams and physical and mental
abuse. Admission is free, but registration is required. To sign up, call
(904) 630-4654.
Elder Abuse Awareness and Prevention Training The
training will be offered noon to 1:30 p.m. June 21 for community
members, health care professionals and other people who interact and
work with adults. The event will be at ElderSource, 10688 Old St.
Augustine Road, FL 32257. The cost is $10. To register, call (904)
391-6600 or email Heidi.Katz@eldersourceinstitute.org.
ElderSource
To
donate, get referrals to services or get more information, contact
ElderSource at 10688 Old St. Augustine Road, Jacksonville, FL 32257;
(904) 391-6600 or tollfree at (888) 242-4464; or go to myeldersource.org.
Reporting elder abuse, neglect or exploitation
• To report urgent cases, when the health or welfare of a senior is at risk, call 9-1-1.
• Florida Department of Children and Families
To
report suspected elder abuse, neglect or exploitation, 24 hours a day,
call the Florida Abuse Hotline at (800) 96-ABUSE or (800) 962-287) and
press 1; use the Telephone Device for the Deaf at (800) 453-5145; fax
(800) 914-0004 or go to dcf.state.fl.us/programs/abuse/report.shtml.
•Jacksonville Sheriff’s Office Special Assault Unit
The
unit investigates suspected elder abuse and exploitation of the
elderly, as well as felony sexual assaults, crimes involving child
pornography, lewd and lascivious acts, aggravated child abuse and child
neglect. For more information contact the unit at (904) 630-2168 or
JSOSAU@jaxsheriff.org.
•State Attorney’s Office Human Rights Division
To
provide tips about elder abuse, human trafficking, hate crime or
excessive force, call the division’s hotline at (904) 255-3099 and leave
a message.
Brazen judges openly legislating from the bench are confirming the widely-held public perception that activist courts are out of control.
As a lawyer practicing for three decades in the plaintiff-friendly
stronghold of California, within the jurisdiction of the notorious Ninth
Circuit, I witnessed many instances
of judges—state and federal—slanting their decisions against disfavored
parties, such as insurance companies, corporate employers, and
deep-pocketed defendants.
Activist judges used to be subtle about it, usually “fudging” the
result only in close cases, and typically relying on semi-plausible
statutory interpretations, tenuous factual “findings,” flimsy
credibility determinations, and the like to justify the
politically-desired outcome. Even in California, it was important for
judges to maintain a patina of impartiality, so decorum required that
their result-oriented decisions hide behind at least a fig leaf of
neutral reasoning or precedent.
Not anymore. Judges increasingly view themselves as political
actors free to “go rogue,” issuing rulings that are directly contrary to
unambiguous laws. Such scofflaw decisions cannot in any meaningful
sense be considered “law,” and the black-robed functionaries who issue
them cannot fairly be regarded as “judges.” We are entering the realm of
fake law being invented by fake judges.
This obliteration of the proper
judicial role is a threat to democracy—or, if you prefer, to our
republican system of representative self-government.
If this sounds like hyperbole, consider the absurd ruling of the
Fourth Circuit Court of Appeals, upholding a nationwide injunction of
President Trump’s travel ban order, not based on the actual text of the
order, but on statements that candidate Trump made on the campaign
trail. Even NeverTrumperDavid French at NRO called this decision “a
strange madness” that he termed “Trumplaw” because he does not believe
that any court would rule this way if the President were any other
politician. Yet a recent ruling from a federal district judge in the
Eastern District of Pennsylvania (based in Allentown) is even
worse—possibly the most outrageous judicial decision I have ever seen.
The case, Blatt v. Cabela’s Retail, Inc., is a
straightforward employment discrimination lawsuit brought by a former
employee against the outdoor sports retailer Cabela’s, under
the Americans With Disabilities Act. The facts are simple: A biological
male named James Blatt was hired by Cabela’s as a seasonal stocker at
its Hamburg, Pennsylvania store. He was employed for six months, from
September 2006 through March 2007, at which time Cabela’s terminated
him. Blatt is a diagnosed “transgender,” meaning that he “identifies” as
female even though he was born as (and anatomically remains) a male.
Blatt’s lawsuit alleges that Cabela’s discriminated against him under
the ADA by refusing to “accommodate” his medical condition—gender
dysphoria—by allowing him to wear a female name tag (“Kate Lynn” instead
of “James”) and granting him access to the female restroom.
Additionally, Blatt alleges that he was subjected to objectionable
comments from co-workers due to his decision to dress and act like a
female at work, and ultimately was fired due to his condition.
I confess that I am skeptical about the extension of legal
privileges to so-called transgender persons (see, for
example, here, here, and here), but the ADA clearly excludes gender
identity disorders as a “disability” requiring accommodation by an
employer. Simply put, when Congress enacted the ADA in 1990, in section
12211 it specifically denied legal protection to “homosexuality and
bisexuality,” and went even further, listing the types of sexual
disorders that would not qualify as a disability. The statute expressly
states that “the term ‘disability’ shall not include … transvestism,
transsexualism, pedophilia, exhibitionism, voyeurism, gender identity
disorders not resulting from physical impairments, or other sexual
behavior disorders.” (Emphasis added.) “Gender dysphoria,” Blatt’s
alleged disability, is a gender identity disorder. Ergo, Blatt’s
condition is not covered under the ADA and cannot form the basis for a
claim of discrimination under that statute.
Nevertheless, on May 18, 2017, U.S. District Court Judge Joseph
Leeson, appointed to the bench by President Barack
Obama, denied Cabela’s motion to dismiss, ruling that gender
dysphoria is protected by the ADA. Acknowledging the provisions of
section 12211, quoted above, Judge Leeson “reasoned” that the exclusion
of “gender identity disorders” from coverage of the ADA should be “read
narrowly to refer to only the condition of identifying with a different
gender, not to encompass (and therefore exclude from ADA protection) a
condition like Blatt’s gender dysphoria, which goes beyond merely
identifying with a different gender and is characterized by clinically
significant stress and other impairments that may be disabling.”
Whatever that means.
Congress unambiguously excluded “sexual behavior disorders,” from
the ADA, specifically citing “transvestism” and “gender identity
disorders.” Therefore, gender dysphoria is not covered by the ADA,
period. The statute could not be clearer. Judge Leeson strained to
conclude that Blatt’s gender dysphoria was more than merely “identifying
with a different gender,” by claiming that Blatt’s condition also
“substantially limits her [sic] major life activities,” including
reproducing.
As Dave Barry would say, I’m not making this up.
According to Judge Leeson, because a man pretending to be a woman,
and even dressing like a woman, can’t bear children, that makes the
gender identity disorder a disability under the ADA. Therefore, Judge
Leeson concluded, “Blatt’s condition is not excluded by section 12211 of
the ADA, and Cabela’s motion to dismiss Blatt’s ADA claims on this
basis is denied.”
Cabela’s will now have to incur the legal expenses of discovery and
trial preparation in defense of a claim that Congress intended not to
exist. Cabela’s recourse will be to appeal an adverse judgment to the
Third Circuit Court of Appeals, if it doesn’t settle the meritless
lawsuit in the meantime to avoid substantial legal costs.
This was not a casual mistake by a busy, overworked judge. Federal
judges are assisted by a bevy of full-time “law clerks” (recent law
school graduates who compete for the coveted one or two year positions
based on academic distinction), and sometimes also part-time “externs”
(current law students volunteering for a semester). Judge Leeson’s
six-page opinion was issued nearly 18 months after Cabela’s motion to
dismiss was argued in December 2015. Judge Leeson’s ruling was
deliberate.
He blatantly thumbed his nose at the ADA because he desired a
policy outcome contrary to the one enacted by Congress. The decision,
largely overlooked in non-legal media, was closely-followed in the LGBT
community—in fact, hailed as a landmark ruling. Which it is.
Americans need to confront that judges—especially life-tenured
federal judges—have become naked political actors, advancing a policy
agenda masquerading as law. The ideology represented by these “new
mandarins” is profoundly hostile to our bourgeois social order. Activist
judges now routinely misconstrue or ignore statutes enacted by the
legislature, and—as with the case of Trump’s travel ban order―hamstring
executive branch policies with which they disagree. This is antithetical
to the constitutional separation of powers, and principles of
self-government. Despite activist courts’ ongoing judicial usurpation of
lawmaking, many libertarian legal theorists continue to advocate an
even greater role for judges in reviewing
democratically-enacted laws. Proponents call this theory “judicial
engagement,” but I view it as a call forlibertarian judicial activism.
The judiciary is too “engaged” already. Decisions like Blatt v. Cabela’s illustrate the need for judicial restraint, not increased activism.
Thieves follow the money, and wealth accumulates as we age. But the aging brain is not always well-suited to financial decision-making - and that creates opportunity for financial fraud and abuse targeting the elderly.
“It’s a perfect storm,” said Elizabeth Loewy, general counsel for Eversafe, a technology firm that monitors customers’ bank and investment accounts, credit cards and credit reports for potential fraud and abuse.
Loewy has been in the frontlines of the fight against elder financial fraud and abuse for a long time. She pioneered prosecution of these cases during 29 years as an assistant district attorney in the Manhattan District Attorney's Office.
“When the office got started prosecuting elder abuse, we thought most of the cases would be physical abuse or domestic violence, but we quickly saw that it usually involved some kind of fraud or larceny,” she said.
Today, there is broad recognition that seniors are vulnerable to financial fraud that can devastate household balance sheets. Almost one in five Americans over the age of 65 has been taken advantage of through inappropriate investments, unreasonably high fees for financial services, or fraud, according to a study last year by the Investor Protection Trust, a nonprofit consumer advocacy group.
A broad range of professionals who work with the elderly are stepping up their anti-abuse efforts.
The North American Securities Administrators Association approved a rule last year requiring financial advisers to report suspected financial abuses to states’ securities regulators and adult protective services departments. The U.S. Securities and Exchange Commission recently approved new Financial Industry Regulatory Authority rules requiring its broker-dealer members to add a trusted backup contact person for all accounts and to allow members to put temporary holds on fund disbursements when financial exploitation is suspected. The new rule takes effect in February 2018. And the Investor Protection Trust is training physicians and attorneys to be on the lookout for warning signs of financial vulnerability.
“There is a good deal of progress, and it’s about time” said Loewy.
Eversafe is part of a growing tech startup sector that aims to guard against financial fraud targeting seniors using software that monitors accounts for irregular activity. The category also includes True Link, which also offers a robo-advisory service focused on management of retirement income.
More than half of the U.S. population over age 85 suffers from some level of cognitive impairment, according to research by the Center for Retirement Research at Boston College (CRR). Within that group, 27 percent suffer from dementia, and another 37 percent suffer some level of mild cognitive impairment.
Not all of these seniors are vulnerable to financial abuse, said Anek Belbase, research fellow at CRR. “People with mild impairment who have spouses or family members providing support can do just fine. They can still express their needs and priorities well and can avoid problems with support from someone they can trust.”
Dementia sufferers are at greater risk - and so are spouses who start managing household finances at a late age. “If a spouse who has been managing things dies first, the surviving spouse needs to learn to do this at an older age, possibly at a time when there is some cognitive impairment, and the ability to learn new things has probably declined,” Belbase said. “That’s a person who is susceptible to making financial mistakes and becoming a victim of fraud.”
Compounding the problems, financial judgment is one of the first areas of cognitive ability to decline - and numerous studies conclude that people suffering cognitive decline tend to think they are more capable than they really are. And family members often turn out to be perpetrators of fraud, Loewy notes.
TAKING DEFENSIVE STEPS
How to guard against becoming a victim? Experts recommend getting an early start by making plans to protect yourself in your fifties or sixties. Procrastination is your worst enemy, since the onset and progress of cognitive decline is difficult to predict.
Start with a financial checkup that includes a review of estate-related legal documents. Have a clear succession plan - a trusted family member to manage your affairs in the event you are unable to do so.
Also consider simplifying your financial affairs and consolidating accounts wherever possible, so that a trusted financial adviser, attorney or family member can easily keep tabs on things for you if the need arises. The risk of cognitive decline also argues for shifting to less active investments and automation of retirement income drawdowns.
And - if you work with a financial adviser, make it a fiduciary. Avoid any financial adviser who is not a fiduciary - a legal definition that requires an adviser to put the best interest of a client ahead of all else. If in doubt, simply ask anyone you are considering hiring to sign the Fiduciary Oath - a simple, legally enforceable contract created by the Committee for the Fiduciary Standard.
The adviser simply promises to put the client’s interest first, exercise skill, care and diligence, to not mislead you, and to avoid conflicts of interest. You can download the oath here (bit.ly/1PtGy4w).
At Senator Collins’ Invitation, Maine Veteran and Veteran Caregiver, Joe and Melanie Swoboda, Testified
Washington, D.C. - Today, U.S. Senator Susan
Collins, the Chairman of the Senate Aging Committee, held a hearing
focused on military caregivers, which featured experts, advocates, and
veterans and their caregivers. In addition to bringing awareness to the
challenges faced by military caregivers, the Committee unveiled a RAND
Corporation report commissioned by the Elizabeth Dole Foundation on a
blueprint to aid military caregivers going forward.
Military caregivers are individuals who provide informal care on a
routine basis to veterans in need of regular assistance. There are more
than 5.5 million military and veteran caregivers in the United States.
These spouses, parents, friends and other loved ones transform their
lives to provide daily, essential care for those who have protected and
served our nation.
At Senator Collins’ invitation, retired Sergeant First Class Joseph
Swoboda, and his wife and caregiver, Melanie, of Levant, Maine,
testified about the difficulties faced by military caregivers and the
essential support they need. A three-time combat veteran of Operation
Iraqi Freedom, Swoboda medically retired from the military in 2013.
“Military caregivers—America’s heroes in plain clothes—enable
veterans living with visible and invisible injuries to recover and
remain involved with their communities. I am so impressed by the
sacrifices Melanie and Joe have made, and their testimony today enhanced
Congress’ understanding of the difficulties faced by military
caregivers and their needs going forward.” said Senator Collins.
“In order to better serve our nation’s caregivers, I introduced the
RAISE Family Caregivers Act and cosponsored the Military and Veteran
Caregiver Services Improvement Act, and I look forward to seeing these
bills signed into law. We must never forget our military caregivers, and
we should do all that we can to support them.”
Melanie Swoboda, a Dole Foundation Fellow, testified about her
experience being a military caregiver, noting her husband’s struggles
upon retirement, “I knew he was struggling - he was home, but he had
never really come back from Iraq,” said Mrs. Swoboda.
Eventually her husband was able to get treatment through caregiver support groups like the Dole Foundation. Mrs. Swoboda stressed the importance of programs like these, saying,
“I love my husband, and I would absolutely care for him regardless, but
having caregiver support programs in place is so important to me
because for the first time in 20 years, I can breathe. I cannot imagine
how much harder this would be without those programs—but I know millions
of caregivers manage every single day.”
Senator Dole established the Elizabeth Dole Foundation to empower
military caregivers - the spouses, mothers, fathers, siblings, and other
loved ones caring for wounded, ill, and injured service members and
veterans at home - and to recognize their service to our nation. Last
September, as part of its efforts, the Foundation launched Hidden
Heroes, a multifaceted campaign to expose the tremendous challenges and
long-term needs faced by military caregivers and inspire fellow
Americans to seek solutions.
TODAY
TODAY
Too often that question will come at a stressful time, during a medical emergency.
