Judge Rejects Conway Daughter’s Temporary Conservatorship Petition For Now

A Los Angeles judge Friday denied a petition by a daughter of 84-year-old Tim Conway to be appointed as her father’s conservator, finding that the woman’s concerns about her stepmother’s medical decisions regarding the actor/comedian are moot for now because he has been hospitalized since Sept. 3.

But Los Angeles Superior Court Judge Robert Wada said his decision was “without prejudice,” meaning Kelly Conway could renew her conservatorship bid in the future if the circumstances warrant.

Wada also discharged a temporary restraining order that prevented Conway’s wife, Charlene, from moving Conway to a new residence prior to his hospitalization. He said the entertainer’s current status as a hospital patient makes such an order unnecessary.

Arguing against granting Kelly Conway’s petition, Charlene Conway’s attorney, Jeffrey Forer, told Wada that Conway had brain surgery Thursday at Cedars-Sinai Medical Center and that all medical decisions are being made by Conway’s doctors.

Conway’s court-appointed lawyer, Michael Harris, said that while he believes both Kelly and Charlene Conway have Conway’s best interests at heart, he also saw no need for a temporary conservatorship at this time. Harris has stated in his court papers that Conway suffers from “fluid on the brain” and is unable to communicate.

Kelly Conway’s lawyer, Troy Martin, declined to comment after the hearing. In court, he said that his client wants to see her father, once he is discharged from the hospital, to be returned to a care facility where he was living. He said the filing of the temporary conservatorship petition stopped any plans Charlene Conway may have had to move him elsewhere.

Martin also said there is clear evidence that some of the medication Conway received before being hospitalized made it hard for him to walk, talk, swallow and eat.

“He only gets better when he is taken off those medications,” Martin told the judge.

Kelly Conway maintains her father was happy at the care facility where he was living, where Conway had a private room and received 24-hour care. She argued in her court papers that moving him would be “harmful to his health and life.”

But Charlene Conway — who has been married since 1984 — denied in court papers that she has any plans to move her husband. She claims Kelly Conway’s request to be named conservator was based on a shoddy medical report based on conjecture and fabrications.

Conway was a performer on “The Steve Allen Plymouth Hour” in the 1950s before landing a role on the comedy series “McHale’s Navy.” But he shot to fame with his work on “The Carol Burnett Show,” with his comic antics often causing on-screen bouts of laughter by co-star Harvey Korman.

In addition to Kelly, Conway and his first wife Mary Anne Dalton had five other children. They divorced in 1978.

Full Article & Source:
Judge Rejects Conway Daughter’s Temporary Conservatorship Petition For Now

See Also:
Judge Defers Ruling on Tim Conway Conservatorship Amid Dispute Over Care

Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter

Tim Conway's daughter gets temporary restraining order against his wife over star's care

Nursing Home Staff Step In to Save Patient’s Four Dogs from Euthanasia

Staff at an Oklahoma nursing home stepped in to save four dogs belonging to a new resident after discovering the dogs were going to be euthanized.

Alan Kilburn was taken to the hospital a few weeks ago and eventually moved to the Arbor Village Nursing and Rehabilitation Center in Sapulpa, Oklahoma where he became the nursing home’s newest resident.

When he learned he would not be returning home, Kilburn worried about his four dogs, Sparky, Lady Bug, Whitey, and Blue. No longer able to care for them, a relative took all four dogs to the Tulsa Animal Shelter where they were scheduled to be euthanized.

When nurses learned about Mr. Kilburn’s dogs and the tragic loss he would soon face, they stepped in to help.

Tesa Slater, an employee at the Arbor Village Nursing and Rehabilitation Center contacted the Tulsa Animal Shelter and not only saved the lives of Kilburn’s four dogs, but had them special delivered right to the nursing home.

Lady Bug will be allowed to live at the center with Kilburn while Sparky, Whitey, and Blue were all adopted by different staffers who promise to bring them by for weekly visits.

“If even in just one little moment, one piece, we can make their world better, then we’ve done something good,” said Danielle O’Leary, a nurse at Arbor Village who adopted one of the four dogs.

Full Article & Source:
Nursing Home Staff Step In to Save Patient’s Four Dogs from Euthanasia

Texas doctor 'horrified' patient deaths linked to his role in $60M Medicare fraud scheme

An Arlington doctor pleaded guilty Tuesday in federal court to a conspiracy charge in what government officials say was a $60 million scheme to defraud Medicare.

Dr. Charles R. Leach, 66, is one of 16 defendants in the criminal case involving Novus Health Services and Optim Health Services, collectively known as Novus. The Frisco-based company was one of the largest hospice providers in North Texas before it shut down in late 2015.

A federal indictment alleges they defrauded the government by billing for hospice care that wasn't always delivered or warranted. In some cases, patients died after receiving high doses of medication to justify the higher billings, authorities said.

Leach's attorney said the doctor knew nothing about hospice patients being overmedicated to hasten their deaths.

"Dr. Leach is very remorseful for his role," his attorney, Mick Mickelsen, said after the hearing. "He has taken responsibility and [is] fully cooperating with the government."

Sentencing is scheduled for Dec. 14.

Leach worked as a medical director for Novus from April 2014 to October 2015. He also briefly worked for Novus Home Health.

As part of his plea deal, Leach said he falsified claims to Medicare and Medicaid by claiming to have provided medical care that he had not.

He also signed blank prescription forms in bulk for controlled substances such as hydromorphone or morphine. Those drugs were then used to overmedicate patients, according to prosecutors.

The plea documents state that Leach knew Novus CEO Bradley Harris often directed medical services. But Harris, a certified public accountant, had no medical license.

Mickelsen said Leach signed the blank prescriptions "out of convenience" but had no knowledge that drugs were being used to hasten patients' deaths.

"He was horrified to find out," Mickelsen said. "He's responsible, though, for making that possible by breaking the rules when it comes to how those scripts were issued."

Leach is the fourth Novus defendant to plead guilty to conspiracy. The three others were Jessica Love, a registered nurse case manager and regional director for Novus; Melanie Murphey, who worked as Novus' director of operations; and Taryn Stuart, a Novus hospice nurse.

As part of their plea agreements, the defendants face up to 10 years in federal prison and a fine of up to $250,000 or twice any financial gain they received.

Twelve others, including Harris, are scheduled to go to trial in January.

Full Article & Source:
Texas doctor 'horrified' patient deaths linked to his role in $60M Medicare fraud scheme

Senior Citizen Allegedly Swindled Out Of More Than $600K By Nursing Home Employees

CHICAGO (CBS) — 97-year-old Grace Watanabe lived at Symphony Residences of Lincoln Park for eight years. She trusted the workers at her nursing home to help her, but her Public Guardian says some just helped themselves to her money.

Some of the staff members at the nursing home, named in a lawsuit, are accused of bilking Watanabe out of more than $600,000.

Cook County’s acting Public Guardian says he has never seen anything like this one before and is trying to fight to get her half a million dollars back, while Chicago Police investigate the incident.

“The people who were being paid to take care of her and protect her stole a vast bulk of her life savings,” said Cook County Public Guardian, Charles Golbert.

Acting Cook County Public Guardian Charles Golbert filed a lawsuit Thursday, hours after being appointed to Watanabe on an emergency basis.

The lawsuit states she has dementia and is unable to make financial decisions since at least 2016. Golbert says red flags went up earlier this year when her bank noticed large checks being written from her account.

“How large is large?” CBS 2’s Dana Kozlov questioned.

“Tens of thousands of dollars,” Golbert replied. One check was written for $40,000 and another one for $50,000, all written to Symphony employees or their children.

“I mean, it was rampant, from the receptionist and the hairdresser to activity directors to assistant activity directors to one of the directors and no one caught them for a period of a year,” said Golbert.

Symphony Residences did not want to comment on the lawsuit.

“Oh my goodness! There’s a lot of them,” stated an employee of Symphony, who is not named in the lawsuit, shocked by the allegations.

CBS 2’s Dana Kozlov tried finding CEO David Hartman at his home and went to an address connected to Symphony’s owner, Bernard Hollander. All that was found was an empty lot owned by the company near one of Symphony’s other facilities. In a statement, Symphony said all the employees suspected of involvement are no longer employed at the facility.

Ms. Watanabe moved to another nursing home facility. Police are investigating the incident.

Symphonies Residences of Lincoln Park issued a statement saying:

“Several months ago, Symphony Residences of Lincoln Park was shocked and saddened to learn that a beloved, longtime Resident was giving money to its employees, the receipt of which was a violation of company policy.  An investigation was immediately commenced.  We notified law enforcement and worked closely with the Ombudsman, Healthcare and Family Services, the Resident, and the Resident’s financial institution to gather all facts. The employees suspected of involvement are no longer employed at the facility and all staff were retrained in policies relating to receiving gifts from residents and their families. The dignity, safety and security of our residents is always our first priority. “

Full Article & Source:
Senior Citizen Allegedly Swindled Out Of More Than $600K By Nursing Home Employees

See Also:
Caregivers took $600K from woman, 97, once held in internment camp: legal filing

EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’

Professional guardian Elizabeth “Betsy” Savitt, left, answers questions from senior attorney for the Department of Elder Affairs, Michael McKeon, right center, during a hearing in front of administrative Law Judge Mary Li Creasy, center, Wednesday, September 5, 2018. In the first hearing of it’s kind, the state of Florida argues that controversial guardian Elizabeth Savitt should be sanctioned. (Lannis Waters / The Palm Beach Post)

A confidential investigation into controversial professional guardian Elizabeth “Betsy” Savitt contains “allegations or suggestions of wrongdoing by sitting judges,” an administrative judge revealed on Wednesday.

The revelation surfaced during a first-of-its-kind hearing, held in West Palm Beach, into whether Savitt should face sanctions for conflict of interest with judges involved in her guardianships, including her husband, former Circuit Judge Martin Colin.

The action against Savitt by the state Office of Public and Professional Guardians is based on the report by the Inspector General of the Clerk & Controller in Palm Beach County. The new guardianship office is asking for sanctions against Savitt. Those sanctions have the potential to effectively bar her from practicing in this county and may include repayment of up to $190,000 in guardianship fees.

Savitt, as a professional guardian, was a so-called “member of the judicial community,” dining with judges and even going on vacation with one. The former chief judge felt it necessary to move all her cases out of the South County Courthouse, concerned with the appearance of coziness between Savitt and judges there.

Savitt’s attorney, Ellen Morris, tried in vain to exclude the investigative report, with its judicial allegations of wrongdoing, from Wednesday’s proceeding. Morris in a pleading said the report contains “statements and conclusions that are highly objectionable throughout.”

But Administrative Law Judge Mary Li Creasy said she found nothing in the report that makes it confidential under state law — no Social Security numbers or medical information of incapacitated seniors or disabled adults. Palm Beach County Clerk Sharon Bock has refused to turn over the report despite a public records request filed by The Palm Beach Post on June 20.

Creasy said Morris’ concerns about the allegations against judges was also not a basis to bar the report as evidence against Savitt.

2012 investigation of Savitt

Anthony Palmieri, the clerk’s deputy inspector general, testified at the hearing that in May 2012 the clerk’s office alerted then-Chief Judge Peter Blanc about a conflict of interest involving Savitt and Colin. He didn’t know what Blanc did with the report, but Blanc told The Post last week that he cautioned Colin to be careful not to preside over his wife’s cases.

Savitt testified she didn’t know until recently that her husband signed orders in her cases. She said if she had known, she would have alerted her attorney to “a mistake.”

However, she also repeatedly said she had no conflict of interest despite the fact that her husband sat as a guardianship judge who at times ruled on her cases and granted fees in other cases to attorneys who worked for her. Morris argued state guardianship statutes don’t specifically say that a guardian married to a guardianship judge has a conflict of interest.

“I don’t have a conflict of interest arising from my marriage,” Savitt said. “I didn’t appear in front of Judge Colin. He wasn’t presiding over any of my cases. He wasn’t the judge on any of my cases.”

The Post reported Sunday that Colin’s was an invisible hand in Savitt’s guardianship cases. He asked Delray Beach elder law attorney Sheri Hazeltine in the fall of 2009 to represent his wife as the tennis instructor aimed to enter the lucrative field. A professional guardian is appointed to oversee the affairs of seniors who are found incapacitated by the court. They can handle all financial, health care and residency decisions for the ward.

At least twice, Colin appointed Hazeltine, who took action that led to Savitt becoming a guardian.

Savitt, in testimony, denied Hazeltine’s account that Judge Colin pegged her to represent Savitt. Hazeltine at the time had numerous cases in front of Colin and told The Post that being a sole practitioner with a disabled child that “there was a natural measure of fear involved” in being asked to do something for her home-court judge.
 
Hazeltine said she quit as Savitt’s attorney when she learned that the guardian was taking fees prior to judicial approval.

Savitt also testified that there had never been any complaints from family members of her ward about a conflict of interest.

‘Never said a word’

However, James Vassallo said Savitt never disclosed that she was married to a guardianship judge and if he had known, he would have never allowed her to be guardian to his father, Albert Vassallo Sr.
 
“Never ever did she say a word to me about that,” Vassallo said. “I would never have hired her. I found out later. She told me that it didn’t matter what I said, she was married to a judge and that she could do whatever she wanted.”

Vassallo said Wednesday that he spent $20,000 fighting Savitt over his father’s trust and to keep her from funneling money to his sister, who had previously taken money from his dad and was the reason he sought the guardianship in the first place.

“And I’m still getting bills that my father owes, like from the hospital and stuff, that she never paid.”

Thomas Mayes, son of Savitt ward Helen O’Grady, said in The Post’s 2016 investigation, Guardianships: A Broken Trust that Savitt never disclosed her conflict with her husband.

The Mayes family learned that Savitt was married to a judge when Circuit Judge Rosemarie Scher, then presiding over their case, said she’d been out to dinner with the couple and described the judge’s wife as “part of the judicial community.”

“Savitt never told us beforehand, which I thought she should have,” said Mayes. “The lawyers never told us.”

Savitt testified she disclosed her marriage by identifying her husband as “Martin Colin” on her guardianship applications. However, Savitt didn’t identify him as a sitting judge, saying that the court or the clerk of court would automatically just know.

Palmieri testified that just putting Colin’s name under spouse in the guardianship applications did not go far enough.

One easily refutable statement by Savitt, under oath, at Wednesday’s hearing was that no other judge but Colin recused himself from her cases. In fact, Circuit Judge John Phillips recused himself routinely. Also, after The Post’s investigation, then-Chief Judge Jeffrey Colbath required south county judges to recuse themselves from Savitt’s cases. He also removed all of Savitt’s cases from the South County Courthouse out of concern of conflict of interest.

A large swath of time at Wednesday’s hearing was spent delving into when Savitt took money from the life savings of her wards prior to a judge’s approval.

Savitt admitted she wrote checks out of the wards’ accounts prior to judicial approval and deposited them into a personal checking account but insisted she was serving the wards’ best interest.

Palmieri testified that of the 2,000 guardianship cases he has investigated, only Savitt has taken retainers. The Post found Savitt took $20,000 in retainers in at least seven guardianship cases.
Savitt testified she took retainers at the advice of her counsel at the time.

Palm Beach County’s judicial circuit prohibited the practice after The Post reported on Savitt and Colin.

Morris argued at the hearing that Savitt eventually disclosed the retainers to the judges presiding over her cases and that they were all approved.

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Palm Beach Post Staff Writer

Michael McKeon, senior attorney for the Department of Elder Affairs, asks questions of professional guardian Elizabeth “Betsy” Savitt during a hearing ... read more

 

Vacationed with judge

Savitt also addressed her relationship with Circuit Judge David French, who oversaw the majority of her cases. Michael McKeon, senior attorney for the Department of Elder Affairs, asked Savitt whether she was “friendly” with French.

“I’m friendly to all the judges,” Savitt said.

Savitt said French is a friend and that she vacationed with him and his wife at the time in the Bahamas in 2006 or 2008 before he was a guardianship judge. She said she was friends with his wife. She couldn’t remember the last time she visited his home.

When asked whether she believes she has a conflict when it comes to French, Savitt said no. “Judge French takes an oath. He would recuse himself,” she said. French has announced he will retire at the end of this year.

Despite an order from the chief judge to recuse himself from Savitt cases, French appointed the guardian to a pro bono case in January 2017 — her last guardianship appointment. The appointment allows Savitt to remain on the wheel for random appointments under new rules.

The latest case, involving senior Mavis Samms, includes accusations from the family that Savitt allowed the senior’s home to go into foreclosure.

“Savitt has made a mess of my mom’s finances,” according to an emergency motion filed by Samms’ daughter, Paula, in May 2017.

McKeon asking Savitt to be declared “unfit to serve as a guardian” due to the conflict of interest and acting in bad faith toward her wards.

Morris, representing Savitt, said the guardianship office brought the complaint in bad faith and that she would be seeking attorney fees.

The hearing will continue today. Judge Colin and Hazeltine are listed as witnesses.

Full Article & Source:
EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’

See Also:
Judge Martin Colin had a hand in his wife’s guardianship cases, state says 

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders - Should It Be Expanded to Cover Insurers and Insurance Agents?

Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?

Following up on the blog post from late June concerning the intersection of elder abuse laws and long-term care litigation, this post concerns an Alabama statute aiming to prevent financial abuse of elders in the financial advisory context: “Protection of Vulnerable Adults from Financial Exploitation Act,” Ala. Code § 8-7-170, et seq. (2016) (the “Act”). Specifically, section § 8-6-172 of the Act requires “qualified individuals” to “promptly notify” the Alabama Department of Human Resources and the Alabama Securities Commission if he or she “reasonably believes that the financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted . . . .” The Act’s definition of a “vulnerable adult” includes persons 65 year of age or older, and the Act broadly defines “financial exploitation” to include the “wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of a vulnerable adult.” The definition of “financial exploitation” also includes using a power of attorney or guardianship to take advantage of a vulnerable adult’s property.

Notably, the Act currently only applies to “qualified individuals,” which it defines as any “agent, investment adviser representative, or person who serves in a supervisory, compliance, legal, or associated member capacity of a broker-dealer or investment adviser.” It gives such individuals that make a disclosure “in good faith and exercising reasonable care” immunity from administrative or civil liability as a result of making the disclosure. It also gives such individuals the authorization to delay a disbursement from an account of the vulnerable adult if there is a belief that such a disbursement “may result in financial exploitation of a vulnerable adult” and immunity for such delays, if such a delay is made based on a good faith belief.

Insurance agents and insurance companies are often in similar positions as financial advisors vis-à-vis their insureds, particularly with respect to changing beneficiaries (either at the request of the owner/insured or his or her power of attorney or guardian) and disbursing policy proceeds. So should the Act also cover insurance companies and insurance agents?

An argument can certainly be made that without this addition, the elderly could still fall victim to a whole segment of financial issues. The insurance industry frequently faces the challenges of a change in beneficiary, especially late in life for insureds. Sometimes such a change is unauthorized or results from undue influence on an elderly insured. While there is no one solution to combating such abuses, a long-term agent may have a close enough relationship to the policy owner to question or prevent such a change.

In any event, by expanding the Act in the future to include reporting obligations and accompanying immunity for insurance companies and agents that make such disclosures, the elderly might be better protected and insurance companies would have better direction and protection in these scenarios.

Full Article & Source:
Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders - Should It Be Expanded to Cover Insurers and Insurance Agents?

‘Star Trek’ Actress Court Battle: Judge Won’t Go

Actress Nichelle Nichols, known for her most famous role as communications officer Lieutenant Uhura aboard the USS Enterprise in the popular Star Trek television series, displays her Lego astronaut ring while visiting the “Build the Future” activity at NASA’s Kennedy Space Center in Cape Canaveral, Fla. on Monday, Nov. 1, 2010. Photo by (NASA/Bill Ingalls) [Public domain]

A judge ruled that she will continue hearing conservatorship proceedings regarding 85-year-old “Star Trek” cast member Nichelle Nichols, finding that a friend of the actress — who has allegedly suffered memory loss — does not have the legal right to try and remove the judge from the case.

Los Angeles Superior Court Judge Barbara Johnson heard arguments on Aug. 16 by lawyers for Angelique Fawcette asking that the judge step down from the case, then took the case under submission and issued her decision on Wednesday. Fawcette is a producer and actress based in Ventura County.

The judge found that Fawcette, who says Nichols does not need a conservator, had no standing to bring the removal motion because she was not a party or an “interested person” as defined by the law.

Although a geriatrician who examined Nichols concluded that she suffers from “moderate, progressive dementia,” Fawcette says Nichols can manage her affairs with the help of a  regular assistant.

Fawcette maintains that Johnson’s May 14 decision naming four individuals to serve as temporary co-conservators of Nichols was unnecessary. The judge said she granted the petition brought by Nichols’ son, Kyle Johnson, even though she was concerned about the potential cost of the conservatorship to the Nichols estate.

Nichols played Lt. Uhura, a translator and communications officer, aboard the USS Enterprise in the “Star Trek” series that ran on NBC from 1966-69, and also appeared in some of the later “Star Trek” movies.

The temporary conservators — Norine Boehmer, Dawn Mills, Susan Ghormley and Leandra McCormick — are “professional fiduciaries” whose full-time job is to take care of the money or other assets of another person. Johnson said they will remain Nichols’ temporary co-conservators at least until Sept. 19.

But Fawcette, who stated in her court papers that she met Nichols in 2012 while casting a film, says her friend does not need a conservator and that she can still perform such routine tasks as showering, dressing, putting on makeup and traveling to conventions without assistance.

Meanwhile, Johnson has filed court papers asking that he be named the permanent conservator of his mother’s person and that Marina del Rey psychologist B.J. Hawkins be appointed the permanent conservator of the actress’ estate to manage her financial matters. Most of Nichols’ assets are in her Woodland Hills home, which Johnson’s court papers state is worth nearly $2 million.

Jeffrey Shuwarger, Nichols’ court-appointed lawyer, stated in recent court papers that he visited the actress on Aug. 14. Nichols initially agreed only to her son’s appointment, but was more cautious about Hawkins, so a meeting with the psychologist was arranged six days later, according to Shuwarger’s court papers.

Nichols later agreed to have Hawkins come on board, Shuwarger’s court papers state.

“She appeared to make a good connection with Dr. Hawkins and said she liked her,” according to Shuwarger, who also states in his court papers that he favors the two appointments.

A hearing on the Johnson-Hawkins appointments is scheduled Nov. 8. Nichols said she did not want to go to court, but would do so if necessary, according to Shuwarger’s court papers.

Full Article & Source:
‘Star Trek’ Actress Court Battle: Judge Won’t Go

Indictment ‘likely’ for couple accused of taking veteran’s GoFundMe money, lawyer says

Kate McClure & Johnny Bobbitt

TRENTON, N.J. — A New Jersey couple under investigation after a good Samaritan accused them of dipping into some of the $400,000 in online donations they raised for him is likely to be indicted, their attorney said Monday.

Ernest Badway represents Mark D’Amico and Katelyn McClure in a civil case against Johnny Bobbitt.

The attorney said in a letter dated Thursday that one or both could be indicted by the Burlington County prosecutor and that he and his firm would no longer represent the couple in the lawsuit involving Bobbitt.

Badway petitioned Superior Court Judge Paula Dow to pause the civil case in a letter Thursday, the same day authorities raided the couple’s home.

The letter came to light Monday when Dow granted the stay in the civil case until December.

“(Since) it is expected that one or both of the defendants will likely be indicted, my firm and I will no longer be able to continue our representation of them in this matter,” Badway wrote.

He declined Monday to comment further. It’s unclear if he will represent D’Amico and McClure in a possible criminal proceeding.

Burlington County Prosecutor Scott Coffina last week confirmed the criminal investigation into the couple, citing the “enormous” public interest in the case, though no charges have been brought.

The prosecutor’s office declined to comment on Badway’s letter, but pointed out no charges have been filed.

D’Amico and McClure have earlier denied wrongdoing or misusing the cash, which was raised on GoFundMe from 14,000 contributors.

Bobbitt sued the couple over mismanagement of the funds, and Dow had ordered sworn statements to determine what happened to the cash, which attorneys say is all gone.

The formerly feel-good story has turned dismal, with Bobbitt saying the couple used the funds as “personal piggy bank” to bankroll a lifestyle they couldn’t afford.

GoFundMe and the law firm representing Bobbitt issued a joint statement last week saying he would receive all the money raised for him. Chris Fallon, Bobbitt’s attorney, earlier said he had gotten about $75,000 of the cash.

Badway has said Bobbitt got about $200,000.

Last week, investigators seized a BMW and other items from the couple’s Florence, New Jersey, property. Badway said in his letter that all the couple’s personal and business financial statements, along with jewelry and cash were seized in the official raid last week.

The story goes back to 2017 when Bobbitt used $20 to help a stranded McClure get gas when her car ran out on Interstate 95 in Philadelphia. As a way to help repay his kindness, McClure and D’Amico launched a GoFundMe page that brought in just over $400,000 in contributions.

The account, at first, led to appearances for Bobbitt and McClure on national TV programs, but turned into a dispute over the money.

D’Amico has said Bobbitt spent $25,000 in less than two weeks last year on drugs as well as paying for overdue legal bills and sending money to family. Bobbitt’s attorney said last week Bobbitt was entering a residential program for drug treatment.

The couple also bought Bobbitt a camper with some of the cash and parked it on land McClure’s family owns in New Jersey. But Bobbitt became homeless again after D’Amico told him in June he had to leave.

Full Article & Source:
Indictment ‘likely’ for couple accused of taking veteran’s GoFundMe money, lawyer says

How to Handle Sibling Disputes Over a Power of Attorney

A power of attorney is one of the most important estate planning documents, but when one sibling is named in a power of attorney, there is the potential for disputes with other siblings. No matter which side you are on, it is important to know your rights and limitations.

A power of attorney allows someone to appoint another person -- an "attorney-in-fact" or “agent” -- to act in place of him or her – the “principal” -- if the principal ever becomes incapacitated. There are two types of powers of attorney: financial and medical. Financial powers of attorney usually include the right to open bank accounts, withdraw funds from bank accounts, trade stock, pay bills, and cash checks. They could also include the right to give gifts. Medical powers of attorney allow the agent to make health care decisions. In all of these tasks, the agent is required to act in the best interests of the principal. The power of attorney document explains the specific duties of the agent.

When a parent names only one child to be the agent under a power of attorney, it can cause bad feelings and distrust. If you are dealing with a sibling who has been named agent under a power of attorney or if you have been named agent under a power of attorney over your siblings, the following are some things to keep in mind:

• Right to information. Your parent doesn't have to tell you whom he or she chose as the agent. In addition, the agent under the power of attorney isn't required to provide information about the parent to other family members.
• Access to the parent. An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health.
• Revoking a power of attorney. As long as the parent is competent, he or she can revoke a power of attorney at any time for any reason. The parent should put the revocation in writing and inform the old agent.
• Removing an agent under power of attorney. Once a parent is no longer competent, he or she cannot revoke the power of attorney. If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian.
• The power of attorney ends at death.If the principal under the power of attorney dies, the agent no longer has any power over the principal's estate. The court will need to appoint an executor or personal representative to manage the decedent's property.

If you are drafting a power of attorney document and want to avoid the potential for conflicts, there are some options. You can name co-agents in the document. You need to be careful how this is worded or it could cause more problems. The best way to name two co-agents is to let the agents act separately. Another option is to steer clear of family members and name a professional fiduciary.

Sibling disputes over how to provide care or where a parent will live can escalate into a guardianship battle that can cost the family thousands of dollars. Drafting a formal sibling agreement (also called a family care agreement) is a way to give guidance to the agent under the power of attorney and provide for consequences if the agreement isn't followed. Even if you don't draft a formal agreement, openly talking about the areas of potential disagreement can help. If necessary, a mediator can help families come to an agreement on care.

To determine the best way for your family to provide care, consult with an elder law attorney. To find one near you, click here.

Full Article & Source:
How to Handle Sibling Disputes Over a Power of Attorney

Prosecutor: Woodcliff Lake Court-Appointed Guardian Pocketed $50,000 From Incapacitated Ward

Darren Pavesi

A construction foreman from Woodcliff Lake serving as a court-appointed guardian pocketed $50,000 from his incapacitated ward and a second victim, said authorities who arrested him.

Over the past 4½ years, Darren Pavesi “used his ward’s financial assets for his own benefit, misappropriating funds to make unauthorized payments to himself and to pay his own personal expenses,” Acting Bergen County Prosecutor Dennis Calo said Friday.

Pavesi, 55, of Prospect Avenue, was charged with two counts of theft following an investigation by Calo’s Financial Crimes Unit, the prosecutor said.

He was released pending a Sept. 19 hearing in Central Judicial Processing Court in Hackensack.

Full Article & Source:
Prosecutor: Woodcliff Lake Court-Appointed Guardian Pocketed $50,000 From Incapacitated Wade

Ashland pawnbroker indicted for elderly exploitation

Mark C. Paul

A Boone County grand jury on Friday indicted the owner of an Ashland pawn shop for allegedly trying to defraud an elderly man of his property.

Court documents show 68-year-old Mark C. Paul is charged with one count of financial exploitation of the elderly where the property value was $50,000 or more, a class A felony. Paul was booked in the Boone County jail on $100,000 bond, which he has since posted and was released.

According to the indictment, Paul obtained control over the elderly victim’s property over the course of several months from May 2016 to January 2017 through an improper use of power of attorney. The property, the indictment states, was valued at more than $75,000 and the victim was was over the age of 60.

Paul is the listed owner of Trading Post Pawn and Auto Sales in Ashland, according to the Boone County Collector’s website. He appeared in court Monday, waiving formal arraignment and entering a plea of not guilty.

His attorney, Jeffery Hilbrenner of Columbia, did not immediately respond to a request for comment.

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Ashland pawnbroker indicted for elderly exploitation

Woman sentenced to prison for leaving 87-year-old father on floor for 4 days

Isabella Parker

GOLDEN, Colo. – A Golden woman was sentenced to 10 years in prison on Monday after she left her 87-year-old father on the floor of his home for four days while she went gambling, according to KDVR.

Isabella Parker, 48, left her frail father, Ben Parker, on a mat on the floor with no food or water for over 36 hours while she went to Black Hawk to gamble, according to the District Attorney’s Office.

The weekly housekeeper found Ben Parker face down on a mat in the bedroom of his home at 1001 18th Street in Golden on Feb. 20, 2017. He was dressed only in a shirt and diaper and covered in his own urine and feces, according to prosecutors.

The DA’s office said that Isabella Parker was his caregiver and knew that he was unable to sit up or pull himself up off the floor. He had no food or water and couldn’t take his daily medication.

Ben Parker died two months after the incident.

Isabella Parker was found guilty on July 2, 2017 of three charges including criminal exploitation of an at-risk adult. She was also charged with stealing $13,000 from her father.

“Prison is an appropriate sentence for Ms. Parker. It is unconscionable that a daughter would leave her elderly father in such a dangerous situation. She was gambling in Black Hawk while her father lay helpless, suffering,” said DA Pete Weir said in a statement. “With seven prior felony convictions, and only one short prior prison sentence, she has had every chance possible at rehabilitation while under probation supervision.”

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Woman sentenced to prison for leaving 87-year-old father on floor for 4 days

Stiehl restores elderly woman’s desire to live independently, dissolving guardianship move by daughter

BELLEVILLE – Newly appointed St. Clair County Circuit Judge William Stiehl ruled that Margaret Ashmann, 85, whose daughter won approval from two previous judges to act as her guardian, should return to her home in Fairview Heights and run her own life.

Stiehl signed an order on Sept. 4, restoring freedom to Ashmann after 39 days at an assisted living facility, Cedarhurst in Collinsville.

After a hearing on Tuesday, Ashmann said, “It’s wonderful to know I can go home and do my own thing.”

She said she was proud of her children, but that the effort to obtain guardianship over her was “so uncalled for.”

“This probably cost me a few years off my life,” she said. “I cried for days.”

Daughter Kathleen Wilshire petitioned for guardianship on July 27, swearing her mother was incapable of managing her estate and person.

Her lawyer, former chief judge John Baricevic, attached a physician’s affidavit.

Associate Judge Janet Kievlan signed a temporary order for Wilshire on July 27.

Ashmann retained Belleville attorney Margaret Lowery, who moved to dissolve the order on Aug. 6.

Lowery wrote that for an appointment with Ashmann’s physician, her daughter intentionally removed her hearing aids.

Lowery wrote that Ashmann would have been unable to respond properly to the physician’s questions.

She wrote that the physician’s affidavit contained an inaccurate diagnosis, no foundation basis, “and perhaps tainted facts.”

But a physician who examined her at Cedarhurst, rendered an opinion that she wasn’t under disability, Lowery argued.

At a hearing before Associate Judge Heinz Rudolf on Aug. 14, guardian ad litem Michael Rousseau said he just met Ashmann for the first time.

“She’s very with it, very sharp,” Rousseau said.

He said he asked questions and she answered them all.

“She wasn’t confused,” he said.

Lowery said Ashmann “worked all her life and doesn’t have any money, with a million dollars in the bank.”

Baricevic objected to giving her access to money.

Lowery told Rudolf, “It’s not his money. It’s her money.”

Rudolf spoke to Ashmann throughout the hearing, and she responded.

Yet he denied her motion and sent her back to Cedarhurst.

He ordered an evaluation by William Newman of St. Louis University.

He said Stiehl would hold the next hearing.

 A day later, Baricevic moved for reconsideration.

“Dr. Newman bills at $600 an hour and demands a $5,000 retainer,” Baricevic wrote.

The temporary guardian did not agree to an expert of this nature.”

He called it a waste of the ward’s assets.

On Aug. 29, Lowery wrote that Wilshire’s change of heart occurred because she was advised she would have to meet Newman regarding her suitability as guardian.

She wrote that Wilshire “is not of sound mind having suffered from a somatoform disorder, a psychiatric illness, for the past decade.”

“Margaret Ashmann is being held hostage at Cedarhurst under an emergency order when no emergency has ever been pleaded,” Lowery wrote.

Stiehl declared Ashmann to be a competent person not under disability. He ordered Wilshire to turn over all of Ashmann's property by 9 a.m. on Sept. 5, and called for Wilshire to provide a final accounting by Oct. 2.

“Margaret B. Ashmann is hereby restored effective immediately to all powers of a citizen of the United States as if the Guardianship had never existed to include restoration of her driving privileges and voting privileges,” Stiehl wrote.

He terminated and dissolved the guardianship, removing Wilshire from having any power to conduct business on behalf of Ashmann.

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Stiehl restores elderly woman’s desire to live independently, dissolving guardianship move by daughter

Report: Savitt involved with ‘corruption, collusion of judges’

Former Judge Martin Colin and his Elizabeth “Betsy” Savitt.

“Corruption and collusion of judges and lawyers in Delray Beach for financial gain” centered around dubious professional guardian Elizabeth “Betsy” Savitt and her husband, former Circuit Judge Martin Colin, according to a report never before made public by Palm Beach County’s guardianship watchdog.

Once again, a major institution in what is known nationwide as “Corruption County” stands accused of betraying the public trust.

Judge David French

Colin signed orders in Savitt’s cases. The couple’s friend — Circuit Judge David French — oversaw the majority of her cases. And lawyers appointed by Colin steered lucrative guardianships to Savitt while asking Colin to approve tens of thousands of dollars in fees in other cases before him. Other judges approved questionable fees or appointed Savitt under “unusual” circumstances.

These allegations are detailed in a 25-page report by the Inspector General of the Clerk & Comptroller’s Office and obtained by The Palm Beach Post on Friday. The State Attorney’s Office investigated but found no evidence of a crime.

Families of Savitt’s incapacitated wards — often seniors — complained in vain for years that a group of lawyers and judges were against them at every turn as they watched their loved ones suffer and lose their life savings.

The IG report stands as vindication for families who watched slack-jawed as numerous judges dismissed their concerns about retainers, over-billing and bogus litigation to generate fees. Remarkably, Savitt continues as a guardian.

At least one chief judge was informed — verbally, not in writing — that the IG had found “major violations of Florida guardianship law” by Savitt as early as 2012. He told Colin to be sure not to preside over his wife’s cases.

Another investigation detailed in the report began in 2014 again found “major violations of guardianship law” by Savitt.

Despite years of investigation by authorities, none took public action until The Post exposed Savitt and Colin in its January 2016 investigation, Guardianships: A Broken Trust.

The report, delivered to the state Office of Public and Professional Guardians in December, is the basis for the first action by any authority to take Savitt out of the guardianship field, which poured thousands of dollars into hers and the judge’s household.

The guardianship office is seeking, in effect, to prohibit her from being a professional guardian in this county. It also seeks to require her to pay back the nearly $200,000 she earned from fees in 13 cases involving at least one of the judges or lawyers.

Chief Judge Jeffrey Colbath, in the wake of The Post investigation in 2016, made sweeping changes to the county guardianship system but didn’t stop Savitt from practicing. He ordered mass recusals from south county judges, transferred Colin to another division and sent Savitt’s cases to the North County Courthouse.

Colin announced he would not run for re-election and retired at the end of 2016. French is retiring at the end of this year but not before he appointed Savitt to another case, thumbing his nose at Colbath’s efforts.

Colin and Savitt did not respond to an email request for comment. French’s office said the judge declined to comment. And a spokeswoman for Chief Judge Krista Marx said she was unavailable for comment.

All of this might have been nipped in the bud if the state Judicial Qualifications Commission acted on complaints about Colin in 2008 that claimed he was favoring divorce attorneys who represented Savitt. The JQC failed to seek even a reprimand and within two years, Savitt was a professional guardian with power over the finances, the medical care, and the housing of incapacitated seniors and disabled adults.

The system works

Palm Beach County Clerk & Comptroller Sharon R. Bock.

Sharon Bock, the county’s Clerk & Comptroller, said the IG report shows the process worked because of the independence of her office to investigate guardianship complaints.

The initial Savitt investigation was kick-started by a call to the clerk’s fraud hotline in 2012. Another investigation commenced in 2014 with several more hotline tips and finally coalesced with a complaint to the state’s revamped guardianship office in 2016, within days of it getting the authority to police professional guardians.

“We believe the work product we are turning out is making a difference and has made a difference already in Palm Beach County,” Bock said. “We have been doing these reports since 2011.”

Carol Berkowitz, executive director of the Office of Public and Professional Guardians, said that there is enormous respect for many professional guardians across Florida who work tirelessly to support vulnerable adults, but added:

“It is extremely important that we act when a complaint investigation finds that a guardian has violated their statutory responsibilities or is not acting in the best interest of their ward.”

Criminal investigation

The IG report states Savitt’s case was referred to the public corruption unit in State Attorney Dave Aronberg’s office, which also issued a subpoena to ascertain whether a senior’s money was used to satisfy Savitt’s outstanding $308,000 mortgage. Both the state attorney and IG said it was not.

“This investigation focused on whether the relationship between Judge Colin and Elizabeth Savitt resulted in Savitt receiving an unfair financial advantage assigned to her or if she or her associated attorneys received unfair favorable rulings from Judge Colin,” according to a memorandum issued by the state attorney’s office on Nov. 21, 2016, and quoted in the report.

The state attorney found “no evidence to support any of the allegations.”

The IG commented that even though the state attorney’s standard of proof was higher, there was circumstantial and anecdotal information of criminal corruption and collusion. He said it was unclear whether the state attorney’s standard was “beyond a reasonable doubt” or a “probability of obtaining a conviction” yet it concurred with the state attorney’s conclusion.

Anthony Palmieri, the deputy inspector general for the clerk who authored the IG report, said, “My sole focus was on Betsy Savitt as a professional guardian and her conflicts and what her duties were and what her responsibilities were. And yet that did kind of leach into Judge Colin and maybe into Judge French. My focus was not on the judiciary.”

More than a dozen judges

More than a dozen judges are part of the report.

French oversaw 16 of Savitt’s cases. He appointed her to cases, approved her fees as well as the fees of her attorneys — sometimes over the vigorous objections from families of the ward.

The IG was especially interested in a vacation trip French and his wife took with Savitt and Colin to the Bahamas.

The blockbuster report found Circuit Judges Charles Burton,James Martz, Rosemarie Scher, and Leonard Hanser all appointed Savitt to guardianships in some fashion.

Judge Scher also approved an improperly filed petition by Savitt’s lawyer, the report states.

Circuit Judges Jack Cook and Diana Lewis — now off the bench — were involved in cases where the IG found Colin paved the way for his wife’s appointment.

And Judge Edward Garrison approved a fee request from one of Savitt’s lawyers that was $5,000 more than requested. Fees for attorneys are taken from the ward’s money.

Marx, French and Scher, along with Circuit Judges Howard Coates and Jessica Ticktin approved $21,500 in retainers taken by Savitt from her wards’ banking accounts that the report said violates Florida guardianship law.

Circuit Judge Peter Blanc, the chief judge in 2012, received the initial verbal report finding a conflict of interest.

Blanc told The Post he spoke with Colin and told him not to preside over any of his wife’s cases. Colin testified at an administrative hearing on Thursday it was he who initiated contact with Blanc. It didn’t matter. Colin admitted on the stand that he signed several orders in his wife’s cases, claiming it was an accident.

Judge Marx, who was sitting in the Probate Division at the time, is quoted in the report admonishing Savitt in court for taking a retainer, saying: “It seems you are asking for forgiveness rather than permission.” Marx, however, approved the $8,000 retainer anyway.

Colbath, as part of his guardianship reforms, prohibited taking of fees from wards prior to judicial approval. Palmieri said that in the 2,000 guardianship cases he’s investigated statewide, only Savitt took fees before prior judicial approval.

‘Unusual circumstances’

Judge Jeffrey Dana Gillen appointed Savitt under “unusual” circumstances when no parties had asked for her to be a guardian for senior Frances Berkowitz.

Savitt’s name seemed to come out of nowhere. The two lawyers hadn’t recommended her and one even said, “I don’t think Judge Gillen did (recommend Savitt) either.”

The clerk noted, however, that the day before Savitt was appointed,an email had gone out that gave Judge Colin and his judicial assistant “an opportunity to discuss the case with Judge Gillen or Judge Gillen’s JA.” The IG has not substantiated whether Colin or his JA read the email.

Former attorneys for Berkowitz then tried to remove Savitt as guardian, arguing that her appointment was improper. They also claimed that $400,000 was missing from Berkowitz’s bank accounts.

Gillen’s judicial assistant said Friday that he was reviewing the report and would have a comment next week.

In one of the more remarkable sections of the IG report, Savitt is said to have been “the driving factor” for guardianship reform by the Florida Legislature in 2015.

The new state guardianship office selected Savitt, though, as the first guardian against whom it is seeking sanctions. It accused her of conflict of interest and failing to act in good faith, contrary to her wards’ best interest. After the hearing last week, Administrative Law Judge Mary Li Creasy said she will issue a recommendation on sanctions in about a month.

Savitt’s attorney, Ellen Morris, tried without success to keep the report from being entered as evidence at the hearing, saying in a motion that it contained “statements and conclusions that are highly objectionable throughout.”

Creasy denied that motion and by accepting the report into evidence paved the way for its release by the guardianship office on Friday.

Savitt invoked spousal privilege at the hearing so she wouldn’t have to disclose conversations she had with her husband about her cases.

Twyla Sketchley, a veteran guardianship attorney in Tallahassee, testified that the spousal privilege went to the heart of the conflict of interest.

“If I’m a guardian and I’m married to the judge, I can go home at night and over the dinner table, I can discuss my cases and what I need and how horrible these parties are, and none of that can be disclosed to any other parties in a proceeding,” Sketchley said. “You have a special relationship with that judge that no one else in that courtroom can or could have.”

Colin testified that the crux of the state’s conflict of interest case against his wife was “nonsense.”

“I had no role in the cases that she got appointed on,” Colin said. “That is not a process that would even take place if someone has an understanding of how one gets guardianship cases.”

Colin, though, said he was friends with all the other probate judges who oversaw his wife’s cases. He also said lawyers and families chose Savitt as guardian, though many times those very lawyers appeared in front of him in other cases and relied upon Colin to approve their fees.

One of those attorneys was Clifford Hark, who was hired by families seeking guardianships and would recommend Savitt.

The IG investigated but couldn’t prove or disprove that Savitt’s appointments and the fact that she didn’t object to his legal fees was “quid pro quo.”

Hark was also accused of steering cases to Savitt. The Boca Raton attorney has denied assisting Savitt in establishing herself as a guardian.

Judge Garrison signed an order of fees for Hark of senior Helen O’Grady’s case for $14,689 when the amount sought was $5,000 less. Colin had transferred the guardianship directly to Garrison because Garrison was presiding over the probate case.

Garrison also ordered Savitt to return $30,000 she took from O’Grady’s estate to be “held in trust” by her and her attorney.

Attorney Sheri Hazeltine

That attorney, Sheri Hazeltine, told The Post that Colin asked her to represent his wife in 2010 and that she felt “there was a natural measure of fear involved” in complying with the request. The report said Colin appointed Hazeltine to two cases in which the lawyer paved the way for Savitt to be appointed guardian.

Savitt’s attorney has argued that the guardianship office does not have jurisdiction over any case prior to the Legislature endowing it with regulatory powers in March 2016.

French, however, gave the office a perfect opening. In January 2017, after Colbath had transferred all of Savitt’s cases from him to the North County Courthouse, French appointed her to a pro bono case involving senior Mavis Samms. Savitt was required to take a pro bono case to be included on the new wheel for random appointments of guardians.

Samms’ daughter said Savitt allowed the senior’s home to go into foreclosure, according to court documents.

Thomas Mayes, who fought Savitt in the guardianship of his mother, Helen O’Grady, said he felt the attorneys were complicit in generating bogus litigation in order to soak the life savings of the incapacitated seniors “until there is nothing left.”

“I am wondering if Betsy and her cronies would have to pay back the families?” said Mayes of Boynton Beach. “Hopefully they will see that she was out for herself and her cronies.”

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Fees taken before judge’s OK

The accusations from families against professional guardian Elizabeth Savitt include missing money, overbilling and unnecessary litigation to generate fees. Here are some of them:

• Kansas schoolteacher Helen O’Grady, 83: Elizabth Savitt took $1,724 without prior court approval and before doing any work in the guardianship case and then when O’Grady died, took $30,000 to be “held in trust” by her and attorney Sheri Hazeltine. A judge ordered them to give the money back.
• New York accountant Robert Paul Wein, 89: Savitt acknowledged she took about $17,000 for her fees and a retainer of $8,000 from Wein’s accounts without prior court permission.
• Chicago-area decorator Lorraine Hilton, then 94: Savitt failed to secure a bank account, which allowed it to be accessed by one of the ward’s sons, who wrote two checks totaling $49,685 for real estate, according to court documents. She also took a $2,000 retainer without prior court approval and before doing any work.
• A Delray Beach nursing administrator Carla Simmonds: Savitt attempted to draw fees from the stroke victim’s $640,000 trust and then asked the court to allow her to drain her $46,000 IRA to pay fees for about one-quarter of its worth. Her caretaker paid $13,300 of his own money to Savitt and her lawyer to get them to withdraw from the case. Savitt initially took a $2,500 retainer without prior court approval.
• Retired Deerfield Beach plumber Albert Vassallo Sr., 88: Savitt got a $3,000 retainer without prior court approval. She placed the senior with a daughter who siphoned off $130,000 from her dad’s savings, forcing the guardianship action by a sibling. When Vassallo passed away, Savitt tried to funnel an additional $54,000 from his estate to the daughter, court documents show.

What The Post Found
The Post has been reporting for two years on guardian Elizabeth Savitt’s conflict of interest while her husband, Martin Colin, served on the bench. The Post’s initial investigation in 2016 prompted widespread changes in the guardianship system in Palm Beach County. 

Full Article & Source:
Report: Savitt involved with ‘corruption, collusion of judges’

See Also:
Judge Martin Colin had a hand in his wife’s guardianship cases, state says 

Post investigation: Another blow to Judge Colin

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

Guardianships: A Broken Trust: Attorney: "Courts Have Allowed This Culture"

Guardianships: A Broken Trust, 115 Recusals in Six Months

Guardianships: A Broken Trust: Judges Socialized, Planned Trips Together

WALKING ON THE MOON DOES NOT KEEP YOU FROM AGING

Posted on August 15, 2018 by H. Frances Reaves

 

Buzz Aldrin, the second man to walk on the moon, is 88 years old and has met his fourth wife.  The bad news, the kids don’t like her.  

Here’s what we know from media reports; Dr. Aldrin has sued two of his (3) children and his former manager.  Two children, Andy and Jan, had asked a court to name them as guardians citing his loss of cognitive function and dementia. Warrior that he is, Colonel Aldrin (ret) came out fighting!  He sued the kids, claimed they had transferred monies from his foundation for their personal use and used his credit cards without his permission and sabotaged his love life.  He made an appearance on Good Morning America excoriating his children and accused them of exploiting the elderly.  

The  ousted manager, Christina Korp, states that “almost a year ago, some people began to exert undue influence on Buzz.  These individuals began to actively try to drive a wedge between Buzz, his children and me, for what I fear is their own benefit.”  Her  argument is that because he has dementia he is vulnerable to manipulation.

My argument is that the kids and manager he is suing are doing exactly the same thing.  This ‘fight’ is about who gets to manipulate Colonel Aldrin.  His estate is valued at approximately $12 million. The two children are paid by the Aldrin foundation, as was the former manager. 

Lisa LaBonte met Buzz Aldrin because of their shared interest in STEM education (Science, Technology, Electronics, Mathematics).   She works for Carnegie Ventures and because of Colonel Aldrin’s work has become a part of his business life.  They are great friends.  

Colonel Aldrin also has a girlfriend (unnamed) and the relationship has blossomed into something more.  One can speculate as to her motive but the same can be said for the kids and former manager.  Further, If Buzz Aldrin is happy  . . . who cares?  Doesn’t  he deserve it?

All of this will be solved fairly soon as the “mental health’ tests have been administered and the Courts will review the three different opinions.  I’m only sad that a man who gave his life to service for our country (his children did not) has to defend his honor.  The children did nothing for the $12 million but now feel as though its theirs to protect.  I say, Buzz Aldrin’s life speaks for itself.  Good for him making a last stand – no matter what the outcome!

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WALKING ON THE MOON DOES NOT KEEP YOU FROM AGING

Owners of senior and child care centers charged with human trafficking

California Atty. Gen. Xavier Becerra on Friday announced human trafficking charges against four owners of several child and senior care centers. (California attorney general's office)

A family of four running several senior and child care centers in San Mateo County has been charged with human trafficking and other labor-related charges, California Atty. Gen. Xavier Becerra said Friday.

The defendants — Joshua Gamos, 42; Noel Gamos, 40; Gerlen Gamos, 38; and Carlina Gamos, 67 — are accused of holding employees of the Rainbow Bright day-care centers against their will, failing to pay them minimum wage and overtime pay, and abusing them verbally, physically and psychologically.

The alleged abuse took place between 2008 and 2017, according to the complaint.

The charges are the result of a yearlong investigation by the attorney general’s office’s Tax Recovery and Criminal Enforcement Task Force, which involved the collaboration of multiple agencies including the U.S. Department of Labor and law enforcement departments in Daly City, South San Francisco and Pacifica.

While serving the arrest warrants, officials seized 14 illegal assault weapons, three of which were “ghost gun” rifles without serial numbers, according to a statement released by Becerra’s office.

The Gamoses are charged with 59 criminal counts, including human trafficking, rape and grand theft.

The four family members allegedly targeted Filipinos who were living in the U.S. illegally or otherwise vulnerable by posting ads in a local Filipino newspaper. According to the complaint, employees at multiple Rainbow Bright facilities were promised food and a room to sleep in for their work as live-in caregivers for developmentally delayed adults. They were told they would work eight hours a day for five days a week and receive a monthly salary of between $1,000 and $1,200.

But according to the complaint, employees were made to work 24 hours a day, seven days a week with no increase in pay, sometimes with only a few hours of sleep a night. At times, they were not allowed to communicate with one another.

If the employees didn’t behave properly in the eyes of the owners, according to the complaint, they would be punished, sometimes with a decrease in pay or threats that they would be deported.

The owners also withheld employees’ passports on the pretext that they would help employees with their immigration status, the complaint said. In some cases they kept the passports until the employees were fired or quit.

The complaint also alleges that Joshua and Noel Gamos offered female employees gifts in exchange for sex acts. Joshua Gamos is also accused of raping employees on multiple occasions, according to the complaint.

“No worker in the United States should live in fear or be subjected to violence, abuse or exploitation at the hands of their employer,” Becerra said in a statement. “We must not turn a blind eye to abusive labor practices. Report it, and we will investigate and prosecute.”

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Owners of senior and child care centers charged with human trafficking