Considering a Change of Address Rather Than a Nursing Home

From the Elder Abuse Reform Now Project (the EARN Project) and the Silver Standard News!

By Mary West

Most people are familiar with the reality that neglect and understaffing in nursing homes can result in a range of adverse health consequences to residents, such as malnutrition, dehydration and injuries. While it is known that intentional abuse also occurs, many are often unaware of its breathtaking depth and scope. Tragically, the lack of knowledge of the physical, emotional and sexual mistreatment that sometimes happens in these facilities can put a loved one in danger.

The news accounts below show the horrific indignities and cruelties the elderly and infirmed are subjected to in nursing homes. Case 2 through Case 6 are merely a few of the 65 incidents reported by ProPublica that have come to the attention of authorities since 2012. While the stories vary, the thread they have in common is a shocking lack of respect for human life. The 65 cases only represent incidents where the perpetrators got caught—it is sobering to imagine how many more abuses must go undetected.

Case 1

Minnesota’s Star Tribune reports on Jean Krause, a 78 year-old  resident of an assisted living facility called Heritage House who was sexually assaulted by her caregiver, 59 year-old David DeLong. On the evening of May 8, 2016, Krause was found in a fetal position in bed, unclothed below her waist. DeLong stood a few feet away, breathing heavily with his underwear and jeans at his knees. When a female staff member noticed DeLong, he began pulling up his clothes. Later, the bloodstained clothing and mattress pad of Krause was discovered in the facility’s washing machine. DNA evidence proved DeLong’s guilt. No one told the family about the sexual assault at the time.

Case 2

In 2013, a nursing assistant at Newaygo Medical Care Facility in Freemont, Michigan was accused of taking an inappropriate  photograph of an Alzheimer’s disease resident. This picture, which involved the resident sitting on the toilet with their private parts exposed, included a drawing of a penis having the caption “limp dick.” After the image was shared on Snapchat, the assistant was fired.

Case 3

A similar incident occurred in 2014 at the Prestige Post-Acute and Rehab Center in Centralia, Washington. In this case, a nursing assistant recorded a video of a resident sitting on the toilet and shared it with another assistant working on the other side of the building. The resident’s face was visible, her pants were below her knees, and she was singing and laughing while cleaning herself. Upon learning of the abuse, the administrators notified the police and terminated the employee.

Case 4

Yet more horrors were reported in the California Advocates for Nursing Home Reform in 2014. A photo was taken of a resident wearing only an underwear brief being carried over the shoulder of a male nursing assistant. Other pictures featured residents inappropriately exposed and/or deceased. One of the nursing aides said that such pictures and videos were frequently sent among the nursing staff.

Case 5

Another astoundingly heartless case, involved a Snapchat video from the Bentley Senior Living Center in Jefferson, Georgia, which appeared in 2018 in the Athens Banner-Herald. The video, recorded in a hospice room, showed employees smoking a vape pen and yelling curses at an elderly woman who lay dying of a stroke. It was posted online and labeled, “The End.”

Case 6

In 2015, the Chicago Tribune provided an account of a recorded  incident at Rosewood Care Center in St. Charles, Illinois. In it, a nursing home assistant was assistant slapping the face of a 97 year-old dementia resident with a nylon strap. The video, posted on Snapchat, showed the resident crying, “Don’t! Don’t!” as employees laughed. The two employees were fired.

The fear these stories cause us, that a loved one could suffer similar abuses, is all to understandable. The idea of a precious parent being the victim of such atrocious treatment is unbearable.

What can be done about the abuse? The Centers for Medicare and Medicaid Services, which has oversight over nursing homes, has requested state health departments ensure all facilities have policies that prohibit staff from taking demeaning pictures of residents. However, because the nature of nursing assistants’ work involves being alone with residents, enforcing such policies 100 percent of the time seems impossible. State laws, requiring Nursing Homes to report abuse vary greatly and compliance with the laws that do exist Compliance very unreliable. Fortunately, a safer housing alternative is available.

The Co-housing Housing Alternative

In view of the drawbacks and dangers associated with living in nursing homes, more and more people are considering an alternative – co-housing with friends. This option is quite attractive, as it offers benefits that include improved quality of life, cost efficiency and greater safety. A co-housing community is similar to a college dorm of best friends. It’s a unique environment that consists of bedrooms and a shared space that includes a living room, library, fitness area, garden and more. ...

Living with friends prevents the social isolation so often seen in long-term care facilities. Because the arrangement involves engaging in activities together, such as cooking, watching television and gardening, the emotional and psychosocial advantages are enormous. In addition to the companionship, co-housing also provides an ever-present network for the exchang of information.
Moreover, the inherent support system increases the likelihood that seniors will stay active. Having friends with whom to take regular walks, go on outings or play scrabble helps promote engagement in life and happiness.

Financial benefits of co-housing are substantial. Nursing homes are very expensive, and even a retirement home with plenty of nice amenities may not fall within the budget of many seniors. In contrast, when friends share a home, they each contribute to the cost of  rent, utilities and food, thus making it an affordable option.

One of the biggest perks of co-housing revolves around safety. If seniors became ill or suffer an injury while home alone, it might take hours or even days before a family member discovers their plight and gets help. Conversely, within the co-housing community, the members would know to check on someone who doesn’t appear for breakfast or who has a medical condition.

Full Article & Source:
Considering a Change of Address Rather Than a Nursing Home

See Also:
The Elder Abuse Reform Now Project

Joe Gavalis: Beware of the “too good to be true” scams

Before members of the Northwest Georgia Regional Commission Council, Joe Gavalis held up an iTunes card, the main instrument used by scammers to defraud seniors, he said. When he purchased the card from Walmart, the cashier even commented on how she tries to tell people about their use in scams, but they go through with it anyway.

Gavalis, the law enforcement coordinator for the North Georgia Elder Abuse Task Force and a retired federal agent of 30 years, told commissioner members last week that nearly a three-quarters of all abuse suffered by seniors is financial in nature, committed by family members and professional scam artists alike.

“If it’s too good to be true than it probably isn’t true,” he said, referring to callers claiming seniors have won the Irish or Jamaican lottery, both commonly-used scams. “If you never entered it you didn’t win.”

The two other forms of elder abuse are physical and institutional, Gavalis said, and instances of all three forms have been on the rise. In just six years, from 2010 to 2016, the GBI recorded an increase of more than 1,700 cases of elder abuse in Georgia.

In Gordon County, there were 59 elder abuse cases from 2010 to June 2018, according to the GBI. In comparison, Floyd County had 206 cases during this same period.

“Frauds are everywhere,” Gavalis said. “We just have to be aware of them.”

Seniors are especially vulnerable to the narratives created by professional scammers, who manipulate the trustworthiness of their victims, Gavalis said. Scammers will also use the love seniors have for their family members, especially grandkids, against them, he continued.

In sharing a recent case, Gavalis said one woman was led to believe her grandson had been arrested by the DEA in Atlanta and she needed to send $9,000 to free him from jail. So she followed their instructions and withdrew the money from her account and mailed it to an address in Atlanta which ended up being a hotel that the perpetrators would only pick the packages up from.

But scamming can be like fishing, Gavalis said, and after a victim bites once, the line may be cast again. The perpetrators called her back and she sent another $9,000. On the third point of contact, the woman was asked for $15,000, which she said she didn’t have, but as she did her grandson walked in the door, after she had already lost $18,000.

These scams are not just led by individuals, rather they are frequently operated by a collection of people working under a collective, making calls out of an office in a distant place, Gavalis said.

Gavalis, who travels around the region speaking at senior centers and warning of possible scams and other forms of elder abuse, said the cooperation of law enforcement agencies across not only county lines but state lines as well is essential to attacking the problem of elder abuse, particularly scams.

“The crooks don’t say I can only operate in the city of Rome,” Gavalis said, their reach can extend across the country, the continent and the globe.

Through the sharing of information between agencies, connections can be made to the motives of these criminal actors, and similar cases and people are revealed, Gavalis continued.

A recent issue to emerge in Georgia is the rise of unlicensed personal care homes, Gavalis said.

“You wouldn’t put your cats in them,” he said, adding the “squalor and horrible conditions” are no place for loved ones.

In one case, employees at one home were taking the SNAP — Supplemental Nutrition Assistance Program — cards of patients and selling them in South Carolina, Gavalis said.

For more information on how to protect against elder abuse, visit the Georgia Department of Law Consumer Protection Unit at consumer.ga.gov.

Full Article & Source:
Joe Gavalis: Beware of the “too good to be true” scams

San Francisco Mayor Seeks More Homeless Housing Through Conservatorship Law

SAN FRANCISCO (CBS SF) — San Francisco Mayor London Breed has introduced citywide legislation to implement a new conservatorship law that helps house and treat homeless people suffering from mental health and substance abuse issues.

Senate Bill 1045, authored by state Sen. Scott Wiener, D-San Francisco, allows the counties of San Francisco, Los Angeles and San Diego to set up a conservator in cases for people who can’t care for themselves.

In conjunction with the city legislation, Breed announced that she intends to add between 70 and 90 new beds for mental health patients to the city’s navigation centers and hospitals over the next year.

“This is about getting people who are severely ill the help they desperately need,” Breed said in a statement. “There is a small subset of our homeless population that are clearly, visibly suffering on our streets.”

She said, “They are frequently in and out of the hospital or criminal justice system, but they never receive the comprehensive care they need to stabilize and get back on their feet. It is simply inhumane for us to allow them to continue to deteriorate without intervening.”

Breed has directed the city’s Department of Public Health to figure out ways to increase the number of beds at the city’s navigations centers and Zuckerberg San Francisco General Hospital.

At Tuesday’s Board of Supervisors meeting, Supervisor Rafael Mandelman, along with Breed, introduced the legislation to support SB 1045.

“I believe it is imperative that we move the ball forward,” Mandelman said. “Everyday that San Franciscans suffer in our streets and jails for untreated mental illness is one day too many. We cannot continue to allow our neighborhoods to serve as open mental institutions and shelters as jails.”

He said, “SB 1045 is not a cure all. It does offer a new tool to help people suffering from severe mental illness and addiction … We must seize every opportunity to improve conditions of those suffering mental illness.”

“I am thrilled that San Francisco is moving to implement my bill, SB 1045, which will help some of our most vulnerable residents get the help they need,” Wiener said in a statement. “I am grateful to Mayor Breed and Supervisor Mandelman for understanding that the faster we implement this tool, the faster we can help those suffering on our streets.”

SB 1045, signed into law last month by Gov. Jerry Brown, is set to take effect on Jan. 1.

According to Breed’s office, the city’s health department has estimated that the new conservatorship law will impact between 50 and 100 people in the city; individuals who are the most likely to need city services. Last year, only about 12 percent of homeless people who used city services accounted for 73 percent of the costs.

A coalition of several groups, including the Coalition on Homelessness, have voiced opposition to SB 1045, arguing that conservatorship takes away individuals’ civil liberties, affecting decisions about their body, housing and medical care.

The Coalition on Homelessness is pushing for Proposition C on this November’s city elections, which would use a business tax to provide funds for housing and treating homeless people suffering from mental health and substance abuse issues.

Breed and Wiener have both opposed Proposition C, arguing that the conservatorship law is the way to ease the city’s homelessness crisis.

Full Article & Source:
San Francisco Mayor Seeks More Homeless Housing Through Conservatorship Law

Guardianship... Yet Another Hall of Fame Member

From The Elder Abuse Reform Now Project and the Silver Standard News
by Marcia Southwick

MEET JUDITH WIDENER:

Judith has the dubious honor of having been inducted into The Boomers Against Elder Abuse Guardianship Hall of Shame in 2013.

Judith had 660 or more cases during her 17 years as a conservator in Nebraska.

At the time of her arrest, Judith was in charge of 216 wards spread out over 36 counties all over the state.

So how did she manage to visit all of her wards in far-off corners of the state? Who on earth would allow one guardian to handle 216 wards at a time? We are talking about 216 people who have had their fundamental rights and life savings taken away and have been put under the complete charge and control of Judith Widener.

To put this in perspective, imagine someone taking care of 216 dogs. Would not that person land in jail for abuse, negligence, or hoarding? Yet, Judith Widener was given control of 216 human beings with literally no oversight. Apparently, in Nebraska, it is perfectly acceptable to neglect and abuse elders, and others, rendered powerless by the court—human beings who can’t fight back and then use the bank accounts of those human beings for your self-benefit.

Wards of the state are people who have lost all rights and all power of choice to make any decision concerning their own life—even when it comes to choosing the people who can visit them.

A ward is person denied the right to drive a car—denied the right to carry their own personal ID or to even leave a facility without the guardian’s permission.

No one is more vulnerable than a ward of the court.

A ward no longer has equal rights in the eyes of the law.

A ward is even prohibited from signing a contract to hire an attorney to protect themselves.

The charges against Widener involved thefts, uncovered by State Auditor Mike Foley as part of an audit of the state Aid to the Aged, Blind and Disabled program. His staff audited a sample of the accounts connected with Widener’s business, Safe Haven. At that time, Widener controlled 40 bank accounts that held more than $600,000. Mind you, these are only samples of a few cases-- not the final figures.

Widener also allegedly accepted funds on behalf of wards who were no longer living, double-billed for services, and used funds belonging to wards to make personal payments on credit cards and for phone and television services to her home. She had also written checks from guardianship accounts for birthday and Christmas gifts to herself.

Judith Widener was sentenced to only 180 days in jail and instructed to pay restitution.

Full Article & Source:
Guardianship... Yet Another Hall of Fame Member

See Also:
The Elder Abuse Reform Now Project (The EARN Project)
Watch the documentary, "The Unforgivable Truth"

Mother talks about son days after he was killed at a group home

Click to Watch Video

A grieving mother talking about her son, just days after the man who was supposed to be taking care of him, is accused by Mobile Police of killing him.

“We're going to remember his laugh,” said Heather Cox, Matthew Cox’s mother.

Tonight she is holding onto the small moments.

“I spoke to him Friday night and when I talked with him he was like, ‘it's my mom,’” Cox said. “My mom's on the phone.”

Homicide victim Matthew Cox
Family Photo

Her son Matthew died just hours after that phone call.

The police report said investigators believe Trent Yates stomped the victim's abdominal area, causing injury that caused his death. The news tragic for Matthew’s mom.

“We as their families put them there for help, to help them get independence to help them grow and the whole thing all failed,” Cox said.

FOX10 News reached out to the Alabama Department of Mental Health, they said group home operators like, New Way Out, which operated the home where the alleged crime happened, are required to do criminal background checks of employees.

When FOX10’s Tyler Fingert went to get answers on Tuesday why Yates, who has a previous assault conviction was working for them, the doors were locked and they would not come out to talk.

Trent Yates
Mobile County Metro Jail

"I mean it’s really the most heinous kind of crime that you can imagine,” said Dean Waite, the family’s attorney. “Matthew is just like a child, a four year old child and you know you entrust people to take care of children, the elderly, the disabled, not to kill them."

Heather said Matthew had autism and had the mental capacity of a four year old, but as his mom that did not matter.

“Just how happy he was, just how happy and how full of life he was, he enjoyed everything, he enjoyed his music, he enjoyed food, he enjoyed people,” Cox said.

Heather said Matthew had been at that group home since March.

Full Article & Source: 
Mother talks about son days after he was killed at a group home

Editorial: Do your homework. Then vote 'no' on bad judges.

We write a lot about holding police officers, public officials and others accountable for their actions. Does that apply to judges too?

You have to wonder.

Earlier this month, Cook County Judge Joseph Claps was acquitted of a misdemeanor by another judge who refused to “speculate” that the object Claps dropped in the courthouse lobby was a gun.

Two Cook County sheriff’s deputies who witnessed the oopsie testified that it was a gun. Surveillance video backed them up. But Will County Judge Edward Burmila, who was brought in to hear the case, could only shrug after Claps’ lawyer suggested it could have been a water pistol or a cigar lighter or “almost anything.”

Claps, of course, knows what fell out of his jacket. But he didn’t testify, and Burmila let him off the hook.

We don’t think for a minute that this would have been a winning strategy for an ordinary citizen.

Nor do we think it will succeed with the Judicial Inquiry Board, which is investigating. That could lead to discipline by the Illinois Courts Commission. In the meantime, the judge collects a six-digit salary while assigned to administrative duty.

Disgusted? All you can do in this case is trust the disciplinary system to do its job. Now let’s talk about yours.

At the bottom of Tuesday’s Cook County ballot are the names of 59 Circuit Court judges seeking retention. Your job is to decide whether they deserve another six years on the bench. Are you prepared to hold them accountable? Cook County voters have that power, but they rarely exercise it.

Once elected, judges need a 60 percent “yes” vote every six years. The last time voters removed a sitting judge was 1990.

We’re reminded of former Circuit Court Judge Cynthia Brim, charged in March 2012 with misdemeanor battery on a sheriff’s deputy after a disturbing courtroom rant about race, justice and “kahoonas.” She was acquitted by reason of insanity. She’d been suspended with pay for more than two years by the time the courts commission removed her from the bench in 2014.

Voters could have removed her themselves long before that. Local bar associations had rated her unqualified for the bench in 2000, 2006 and 2012, based on a rigorous vetting process that typically identifies a handful of incompetent judges. But too few voters availed themselves of this valuable resource.

You can see the current ratings at voteforjudges.org.

In makings its endorsements, the Tribune relies heavily on that research, as well as interviews with judges and lawyers. This year, we urge you to use the punch numbers provided to vote “no” on Maura Slattery Boyle (228); Matthew Coghlan (232); and Lisa Ann Marino (314). You can read our endorsement here. 

Want to hold judges accountable? Do your homework. Then do your job.

Full Article & Source: 
Editorial: Do your homework. Then vote 'no' on bad judges.

Trial begins for ex-lawmaker accused of bilking elderly widows

Robert Kenneth Lindell

The jury trial of a former Maine legislator accused of bilking two elderly widows, one in Belfast and one in France, out of more than $3.5 million and of not paying income taxes began Tuesday at Bangor’s Penobscot Judicial Center.

Robert Kenneth Lindell Jr., 53, of Cloverdale, California, is charged with theft by unauthorized taking, a securities violation in connection with the alleged fraud, three counts of theft of federal income tax funds, and five counts each of intentional evasion of income tax and failure to pay Maine income tax.

Lindell, formerly of Frankfort, has pleaded not guilty to all 15 counts. He has been held without bail at the Penobscot County Jail since May after he violated his bail conditions after being free for a year.

Assistant Attorney General Gregg Bernstein told the jury of six men and eight women, including two alternates, in his opening statement that Lindell, a financial adviser who had offices in Bangor and Belfast, gained the trust of both women and access to their finances. Then, between 2010 and early 2017, he allegedly slowly drained their accounts.

“This case is simple. He made unauthorized payments from their accounts to his own, all to finance his lifestyle,” Bernstein told jurors. “In 2013, he paid $425,000 in cash for a ‘fixer-upper’ house in California wine country. He spent another $400,000 in repairs and upgrades.”

The money he took from the women was not reported in his federal or Maine income tax filings, the prosecutor said.

“Mr. Lindell owes thousands of dollars in back taxes,” Bernstein said, but did not give the jury an exact amount owed in his opening statement.

The Belfast widow died in 2012 at age 92, but Lindell allegedly continued to have access to her finances. He is accused of draining nearly $3 million from her estate, which should have totaled about $5.5 million. He is accused of stealing about half a million dollars from the woman in France, who was a longtime family friend, according to Bernstein. She was scheduled to testify Tuesday afternoon with the assistance of an interpreter.

Defense attorney Zachary Brandmeir of Bangor told jurors in his opening statement that Lindell will take the stand and tell them that he did not steal from either woman. In addition, Lindell will testify that while he may have made mistakes in his tax returns, he did not deliberately lie.

“This is about assumption, incompleteness and doubt,” he said. “The only way this case is simple is if you assume the worst of Mr. Lindell. That is what the law tells you not to do.”

Brandmeir said the California house was purchased by one of the Belfast woman’s trusts as an investment and it remained in the trust’s name. The defense attorney also said that many of the payments to his client were management fees that are customary in handling large estates.

The trial is scheduled to end Friday but jury deliberations could go into next week, according to attorneys.

Lindell served in the Maine House of Representatives as a Republican from 2004 to 2006, when he was defeated in his re-election bid.

Lindell’s Maine securities disciplinary record included sanctions in 2002 and 2013. Both actions ended in consent orders, court documents said.

If convicted, Lindell faces up to 10 years in prison and a fine of up to $20,000 on the most serious charge of Class B theft. He also could be ordered to pay restitution and back taxes.

Full Article & Source:
Trial begins for ex-lawmaker accused of bilking elderly widows

Trial begins for former Frankfort lawmaker accused of bilking money

The trial is underway in Bangor for a former lawmaker from Frankfort, accused of bilking at least $3 million from two elderly women.

Opening statements began Tuesday morning in Bangor in the case of 53-year-old Robert Lindell, Junior. He's also charged with tax evasion.

He's a broker and financial adviser who moved to California in 2014.

He served one term in the Maine House.

The attorney general's office says while still in Maine, Lindell handled the estate of a 92-year-old Belfast woman who died in 2012.

He also managed assets for a woman in her 80's, living in France.

The trial is scheduled to last the week.



Full Article & Source:
Trial begins for former Frankfort lawmaker accused of bilking money

S.F. Moves to Enact Wiener’s Conservatorship Bill

A homeless man is picked up by paramedics on the Embarcadero, April 2018. (Courtesy Image)

A controversial mental-health bill that entered the State Senate earlier this year may have found its home in San Francisco. SB 1045, authored by Senator Scott Wiener, would grant authorities the right to take away someone’s rights if they are frequent users of the city’s hospital, jail, and psychiatric wards. 

Supervisor Rafael Mandelman introduced a local bill nearly identical to Wiener’s at a Board of Supervisors meeting on Tuesday. Under the legislation, a person would meet the new conservatorship criteria if they are homeless and are a high utilizer of emergency departments, have a history of frequent incarceration due to behavior resulting from severe mental illness or a substance-abuse disorder, or a history of 5150 holds. 

“I see this as a start of a conversation for our city, and I look forward to collaborating in the weeks ahead with stakeholders, advocates, and key city departments to make this program as effective as possible,” Mandelman said. “We can’t allow our neighborhoods to serve as open-air mental institutions, our jails as shelters, and our hospitals as a temporary way-station between the two. It’s not humane and it’s not the response of a civilized government in one of the wealthiest cities in the world.” 

Wiener, Assemblymember David Chiu, and Mayor London Breed also support the bill. 

“Conservatorships we know are a challenge, and we are going to continue to engage all stakeholders on finding solutions for the purposes of helping this population,” Breed said Tuesday.

But despite the support of many politicians, the bill has failed to win the support of many of the aforementioned “stakeholders,” including independent health centers and homelessness organizations in S.F. Some adamantly oppose it. 

“There has not been any showing of current barriers in existing law or practice that prevent counties from providing the care and services they propose with this bill,” Mary Howe, executive director of the Homeless Youth Alliance, says. “SB 1045 does not propose a solution that meets the sponsors’ goals of addressing homelessness and the need for behavioral health care. San Francisco is already failing and unable to meet the housing and medical needs of the very people this bill seeks to help.”

Dr. Vitka Eisen, president and CEO of HealthRIGHT 360, is concerned that the main change in conservatorship law expressed in SB 1045 was the specific inclusion people who use drugs. The current law is limited to those who abuse alcohol. 

“We’re coercing treatment for substance use in a way that has not actually been done,” Eisen tells SF Weekly, noting that the only way to do that currently is through a court order. 

“This is in fact a level of coercion that has not previously existed,” she says. “I have pretty deep concerns about that. That being said, I truly do understand the tremendous challenges faced by people who have a substance-abuse disorder related to methamphetamine. Those people who suffer from that condition exhibit behaviors that appear to be pretty self-destructive. I want to believe that the people that are putting this legislation forward want to approach this same condition with compassion. But what else can we do before we step over and coerce people into substance-use treatment?”

Other health organizations have also expressed skepticism over the legislation. According to the Examiner, groups such as the San Francisco Mental Health Board, the Mental Health Association of San Francisco, and Senior and Disability Action — which were only invited to speak with politicians three business days before the bill was scheduled to be introduced — expressed everything from concern over the speed with which this was moving to fears it was taking a big step backward and criminalizing the mentally ill.  

The number of people affected by the conservatorship bill vary depending on who you talk to. Simon Pang, captain of the San Francisco Fire Department EMS-6 team, which responds to the regular high users of 911 services, says he estimates “less than 10 individuals have such severe substance-abuse disorder and mental disorganization that they cannot perform routine acts of daily living.” In contrast, the city’s Department of Public Health says somewhere between 50 and 100 people would qualify. Earlier this year, Wiener said it would apply to “only a tiny percentage of people on our streets — perhaps 1 percent of the population,” which, if the annual homeless point-in-time count is accurate — hint: it isn’t — would be 75 people. 

Currently, the above numbers also only apply to unhoused people living on our streets. In the new legislation, that’s changed.

“When we initially introduced the bill, it was limited to chronic homeless,” Wiener tells SF Weekly. “We did that to try to make it a little more targeted, but that requirement was removed. There are groups who are marginally housed who are also in crisis, although most people who have the ability to pay rent are probably less likely [to qualify].”   

This puts a slight damper on the concern that conservatorship would only apply to people without homes, adding to the litany of ways in which San Francisco criminalizes homelessness. 

After all, as Howe points out, “If someone is required to be confined for their own safety, then one’s housing status is irrelevant.”

With the introduction of SB 1045 this week, the city faces a conundrum. The mental and physical health crises on our streets are absolutely unacceptable, but is this the right path? As the Department of Public Health states, 12 percent of the unhoused people who accessed health services last year accounted for 74 percent of the department’s costs. And if that’s true, then housing appears to be the obvious answer. With Nov. 6 right around the corner, it’s odd that these politicians aren’t standing up for Proposition C, which would double their homelessness budget. 

“I know everyone up here is supportive of the need to build up our funding for responses to homelessness,” Mandelman said at a conservatorship press conference Tuesday, as he stood next to Chiu, Breed, and Wiener. 

If only that were true.

Full Article & Source:
S.F. Moves to Enact Wiener’s Conservatorship Bill

Advocacy group says it found 49 substantiated cases of abuse, neglect at ID treatment center

The Southwest Idaho Treatment Center (SWITC) in Nampa provides residential care to people with developmental disabilities and mental illnesses. It is run by the Idaho Department of Health and Welfare. Katherine Jones Idaho Statesman file

Read more here: https://www.idahostatesman.com/news/local/community/canyon-county/article220782360.html?fbclid=IwAR3y_YeCmISaH69L_Mwrnu53mwh392pvM2epFUkqsUI_B6azDC3vz1t8y1I#storylink=cpy

An advocacy group in Idaho has released a 114-page report that says the Southwest Idaho Treatment Center in Nampa for people with disabilities has again shown failures and neglect in its care for clients.

In some cases, people with disabilities were reportedly told they could not talk to their guardians about the abuse, according to DisAbility Rights Idaho, an advocacy group for people with disabilities.

The nonprofit made its announcement about the yearlong investigation into reported abuse and neglect during a Monday press conference. The advocacy group reviewed 70 investigations that occurred from Jan. 1, 2017, to Jan. 31 this year. The group said it found 49 substantiated cases of abuse or neglect.

DisAbility Rights Idaho titled its report on SWITC “No Safe Place to Call Home.” The group’s executive director, Jim Baugh, said that because the group has federal authority to do secondary investigations of abuse or neglect involving people with disabilities at an institution, they made the report findings public.

The Idaho Statesman previously requested copies of the SWITC investigations through a public records request, but it was denied those documents.

The nonprofit reviewed 20,000 pages of investigations at the treatment center to identify problems and make recommendations to the Idaho Department of Health and Welfare, the agency that runs SWITC. The group found that at least 14 residents were victims of confirmed abuse or neglect.

“In a facility with only about 23 residents, these are appalling numbers. In our opinion, these point to systemic failures,” Baugh said.

DisAbility Rights Idaho provided a copy of its report to Health and Welfare on Oct. 1, and the department did respond, saying many of the problems the group outlined were outdated and have since been changed.

Health and Welfare disputed some of the claims in the report, and said the department has already changed policy on some of the recommendations from DisAbility Rights Idaho. Health and Welfare’s response stated the report has “methodological flaws” and “while some of the report’s recommendations are worth considering, others suffer from the limited investigation and lack of expertise.”

DisAbility Rights Idaho did make the department’s full written response public in its report.

“Contrary to what the report says, we first notified media and the public in August 2017 when we identified inappropriate and abusive employee behavior that was not meeting our standards,” the Department of Health and Welfare said in a press release Monday in response to the report. “We launched an extensive internal investigation into the allegations. As a result, six employees were terminated. However, the Canyon County Prosecuting Attorney’s Office declined to file criminal charges based on the Nampa Police Department investigation.”

What is SWITC?

The Nampa facility is home to about two dozen clients who have developmental disabilities or mental illnesses. The facility is supposed to prepare them for care in the community, but many clients end up cycling in and out or staying for long periods of time.

SWITC has faced whistle-blower lawsuit threats from former employees or patients’ families because of neglect. In 2018, inspectors threatened three times in six months to take away SWITC’s ability to treat Medicaid patients because of failed inspections.

In its press release, the Department of Health and Welfare said a survey team reviewed many of the abuse investigation reports from 2017 and 2018.

Full Article & Source:
Advocacy group says it found 49 substantiated cases of abuse, neglect at ID treatment center

NMS nursing homes banned from Maryland for alleged patient dumping

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A company that operated five nursing home facilities in Maryland accused of dumping residents who couldn't pay will have to pay millions of dollars to the state.

Vonda Wagner became a victim of patient dumping and said it was a terrifying experience. She now lives in an east Baltimore apartment. She's had a stroke. Because of a tracheotomy operation, she cannot talk, but the words she writes speak volumes about patient dumping.

"It was scary. I come from a town that had 600 people," she wrote.

When her health insurance coverage ran out, she lived in a Hagerstown nursing home. It was accused of bringing her to Baltimore and placing her in an unlicensed assisted-living facility, which eventually left her on a downtown street.

"I couldn't talk and you hear things about muggings. I couldn't scream for help," she wrote.

Maryland attorney General Brian Frosh said his office took the nursing home's parent company NMS LLC to court, claiming it engaged in unfair, unsafe and unlawful discharge practices, evicting hundreds of residents from its five facilities across the state.

"These are very bad accusations. they were dumping patients in homeless shelters, unlicensed assisted-living facilities, and they were endangering the health and lives of the people they were supposed to be treating," Frosh said.

Frosh said NMS agreed to pay a $2.2 million settlement and now is prohibited from operating nursing homes in Maryland.

"Putting them out of business, making sure they can never get back into the business and socking them with a $2.2 million fine send, I think, a strong message, not just to them, but to the rest of the folks who are treating our most vulnerable citizens," Frosh said.

Vonda now has a care taker.

"(I) make sure she takes her medicine, which isn't easy sometimes," said Doug Haller, her caretaker.

She has patiently waited for this outcome from the attorney general. She wrote, "It's about time. I want to thank him and his crew."

NMS is dropping a federal lawsuit against the Maryland Department of Health.

Full Article & Source:
MS nursing homes banned from Maryland for alleged patient dumping

Md. gets $2.2M in settlement with nursing-home operator over evictions

WASHINGTON — The State of Maryland has settled a case against a nursing-home operator accused of “resident dumping” — the unwarranted eviction of elderly residents in an attempt to get more money from the government.

The office of Attorney General Brian Frosh announced the settlement Friday with Neiswanger Management Services, which operated five nursing facilities in the state, and its owner, Matthew Neiswanger. The company, which stopped operating nursing homes in February of this year, is now permanently “precluded” from doing so, and can no longer be a Maryland Medicaid provider. The company will also pay the state $2.2 million and drop a lawsuit against some workers at the state Department of Health.

Frosh’s office said in the statement that the company issued eviction notices to hundreds of nursing-home residents for supposed nonpayment, although the residents in fact were paid up.

The company did this when their facilities were at full capacity, and did so because the residents were on Medicaid and the company wanted to replace them with people whose care would be paid for by Medicare, which typically pays more, Frosh’s office said.

The company sent out at least 1,061 eviction notices between Jan. 1, 2015, and May 31, 2016, more than twice the number issued by Maryland’s other 225 licensed nursing homes combined, the attorney general’s office said.

Many evicted residents were “dumped … in homeless shelters and predatory unlicensed assisted living facilities, where they faced financial exploitation and abuse,” Frosh’s office said.

Full Article & Source:
Md. gets $2.2M in settlement with nursing-home operator over evictions

Friend Opposes Bid by Actress’ Son For Permanent Conservatorship

A longtime friend of actress Nichelle Nichols filed court papers objecting to the appointment of her son as the permanent conservator of his mother’s estate, saying he may sell the former “Star Trek” star’s Woodland Hills home and place her into assisted living without her consent.

Actress/producer Angelique Fawcette also says that she has only been allowed to visit Nichols once since the actress’ son, Kyle Johnson, filed his conservatorship petition earlier this year. Both sides agree Nichols has suffered memory loss, but Fawcette maintains it is less severe than what Johnson is alleging.

On Sept. 10, Los Angeles Superior Court Judge Barbara Johnson named 67-year-old Johnson — who is not related to the judge — as the temporary conservator of his mother’s person, and Marina del Rey psychologist B.J. Hawkins as the temporary conservator of the actress’ estate to manage her financial matters pending a trial on permanent conservatorships.

Fawcette alleges in her court papers that Johnson is anxious to sell his mother’s home so he can put her into an assisted living facility. Fawcette’s attorney, Troy Martin, said his client will fight such a move.

“Ms. Fawcette intends to continue her efforts to ensure that the court abides by Ms. Nichol’s wishes to remain in her home and to continue doing what she loves by interacting with her fans,” Martin said.

Both (Nichols) and Fawcette “have an inalienable right to carry on a close and loving relationship without interference,” Fawcette maintains in her court papers. “Since the filing of the original petition, Fawcette has been allowed to visit with (Nichols) once, in a meeting that was arranged by … Hawkins.”

Nichols “has a very supportive and loyal fan base” and “takes great pleasure in being in the company of her fans and very much enjoys attending `Star Trek’ conventions,” according to Fawcette’s court papers.

While Fawcette opposes Johnson’s petition, she is asking that Hawkins be named conservator of Nichols’ estate and her person if the judge believes permanent conservatorships are necessary. A hearing is scheduled for Nov. 8.

Most of Nichols’ assets are in her Woodland Hills home, which is worth nearly $2 million, according to her son’s court papers.

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. She and Fawcette met in 2012, according to Fawcette’s court papers.

Full Article & Source:
Friend Opposes Bid by Actress’ Son For Permanent Conservatorship

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

Star Trek ‘Lt. Uhura’ on 1960s TV Now Target of Court Battle Over Conservatorship

Star Trek‘s Nichelle Nichols Goes to Court Over Guardianship Issues

Bilking Elderly Clients Gets NJ Lawyer 10-Year Sentence

A New Jersey lawyer has been sentenced to 10 years in prison for fleecing millions of dollars from his elderly clients.

Ocean County Superior Court Judge Michael Collins sentenced the lawyer, former Manchester solo Robert Novy, now 67, to prison.

The sentence, issued Oct. 26, conforms to a plea agreement between Novy and the state Attorney General’s Office, according to a release.

“Novy preyed upon vulnerable seniors who trusted him as their attorney to guard their interests. Instead, he callously stole their life savings, betraying their trust and the oath he took to uphold the law,” said Attorney General Gurbir Grewal in a statement

Novy’s Attorney, Gerald Krovatin of Krovatin Klingeman in Newark, didn’t immediately return a call seeking comment.

According to prosecutors, the plea agreement also requires Novy to pay restitution to his victims out of two funds created from assets previously seized from him: one for $3 million for victims already identified, and another for $1 million for victims identified later, the release said.

The deal also requires Novy to surrender his New Jersey law license and pay a $500,000 penalty.

Novy was the subject of a 10-count indictment charging him with misapplication of entrusted property, and multiple counts of theft and money laundering. Novy’s victims typically did not have close relatives to monitor their interests, and, in some cases, the clients suffered from dementia, prosecutors said, charging that he used the stolen funds for his own benefit, paying personal and business expenses. He was accused of taking control through wills, powers of attorney, and trust documents, making himself the sole financial decision-maker for the clients.

As an elder law practitioner, Novy previously hosted a bimonthly radio program, “Inside the Law,” on WOBM in Lakewood, which focused on topics of concern to senior citizens.

According to the Attorney General’s Office, he was arrested on Oct. 18, 2016, after law enforcement executed a search warrant at his office, and charges were then referred to the grand jury.

The indictment alleged that from 2009 through 2016, Novy stole approximately $1.9 million from six elderly clients, in amounts ranging from about $45,000 to nearly $740,000. The indictment alleged that Novy stole money in varying ways: transferring funds from his clients’ personal bank accounts or liquidated personal assets into his own bank account; transferring funds from personal accounts or liquidated assets into Interest on Lawyer Trust Account (IOLTA) sub-accounts he controlled when those funds should have instead been placed in independent, managed trust funds selected by the clients; and transferring money from personal and trust accounts to firm business accounts.

Deputy Attorneys General Peter Gallagher and William Conlow handled the prosecution.

Full Article & Source:
Bilking Elderly Clients Gets NJ Lawyer 10-Year Sentence

Wife of Retired Couple Forbidden to See Her Husband in Nursing Home After Publication of MedicalKidnap.com Article

Last November marks the beginning of the fourth year that 70 year old Charley Taylor of Missouri has been held by Morgan County in a nursing home against his will, after a trip to the emergency room turned into a permanent medical confinement.

Although he has doctors who have stated that he is competent and of sound mind, and although his wife Helen had power of attorney to make decisions for him if he was medically not capable, a state-appointed conservator has been appointed to him by the court to make all decisions, even against his own wishes and the wishes of his wife.

Meanwhile his wife Helen, who has been fighting for her husband’s freedom, has also been battling against false accusations herself. She has been sent to jail based on false charges and later released due to lack of evidence, kidnapped and confined to a mental hospital until a doctor determined that there was nothing wrong with her, and has been evaluated five times to prove her own competency. She told Health Impact News:

We were financially set for the rest of our lives after 40 years of marriage until I called 911. Our lives have been destroyed and I am told everything to do when I see him.
If this is justice, I don’t need it. We want to be together. He is 70 years old, and I am 67.

I have never had but a speeding ticket in my life until the county took him from me. Since then, I have been labeled a thief, a person that blows up nursing homes, called in to take a lie detector for abusing animals. The county just won’t stop with the things they accuse me of. I was a grandmother of 13. Now, I am a homeless woman that lives in an apartment across the street from my husband in a nursing home. Oh, I forgot, an abuser of my husband. No charges after 719 days in court. No witnesses. I can’t believe what a crooked county can do to people.

Helen and Charley worked hard for many years for everything that they owned—sometimes working several jobs in addition to their full-time jobs. Helen said, “I’ve worked all my life.” From 1979 to 2005 she was a field representative and managed doctors in medical facilities. She was so good at it that, she was sent across the country to open new facilities and train personnel. Additionally, Helen was also a mayor for two years in the town of Barnett, while also working a full-time job that required frequent travel, as well as a holding a municipal judge’s license.

The county has been depleting Helen and Charles’s joint properties. Helen refuses to part with any more. She said, “They are telling me to sell and they can split the money.”

Helen’s former attorney became very concerned for her safety. He asked:

“Do they know where you’re at? I’m worried for you.” He told her, “They will kill people for that amount of money.”

He advised her not to let those involved know where she is because they would rather kill her than be exposed and lose their income.

State Kidnaps Husband and Seizes Estate

Charley has asked for a jury to hear his competency case, requesting that the conservator be removed.

This request has allegedly been denied.

Reportedly, to date, Amanda Huffman, who was elected in 2012 as Conservator and Public Administrator for Morgan County, has drained a large sum of money and three homes from Charley’s estate and has been pressuring Charley’s 67 year old wife Helen to sell additional properties to pay for his care. (Health Impact News contacted Amanda Huffman but she has declined to comment at this time.)

Helen said that, despite being deemed competent in the eyes of the medical professionals, according to Judge Kevin Schehr, the only one who is qualified to determine competency is conservator Amanda Huffman.

The Taylor Story – Living a Nightmare

Charley had limited mobility in his legs after a work-related injury in 1984. In November 2013, he was wheelchair bound, and as a result, he had two bedsores on his heels from his socks that would not heal. A neighbor, who was trying to be helpful, brought in an old heating pad without a cover, which Helen did not know about. The heating pad burned Charley, and then the burn would not heal.

Charley needed antibiotics, and the only kind that he could take was either injectable or given through an IV. When Helen spoke to Charley’s doctor about it, the doctor told her to call 911 and have an ambulance get him to the emergency room.

The ambulance took him to the hospital where he was treated by a doctor. Helen said that doctor honed-in on Charley’s fingernails that had been chewed off, accusing her of harming him. Reportedly, when Helen tried to explain that this was a habit that Charley had been living with all of his life, the doctor dismissed her.

Helen said that the doctor said that Charley had an infection and needed intensive surgery, lasting up to five hours. The doctor scheduled a surgery, insisting that Charley’s condition was severe. To support their case, Helen was shown a photo of Charley’s feet. However, Helen said, “They had somebody else’s feet.”

We had his toenails taken off because of sugar diabetes.The feet in the photo are smaller, and Charley wears a size 11.

She said, “They called me a liar.”

Helen said that when the surgeon arrived to perform the surgery, he said that Charley did not have an infection. He said that he only needed a small procedure, lasting about 45 minutes.

Wife’s Power of Attorney Removed – State Kidnaps Husband

While Charley was at the hospital, Helen was concerned for her husband. For instance, each day, for the first few days, when Helen arrived, she learned that Charley had been moved to a different location in the hospital. One day, she found him on a gurney by the elevator unattended, another day she learned that he had been moved to the oncology floor.

Helen visited Charley daily since his admission to the hospital. However, a couple of weeks went by where she was unable to leave her home because of illnesses.She had a bout with temporary blindness due to cataracts.

The following month, Helen and a friend went to check on Charley, and he was gone. Helen contacted her attorney to see about getting Charley moved. She said:

[He]called around, and he told me that Charley went to [a]nursing home.

He went on to say that on December 6, 2013 a petition had been filed by the Department of Health and Senior Services for Charley to have a conservator and a Guardian ad Litem. As a result, Morgan County Public Administrator Amanda Huffman was appointed as Conservator for Charley.
Helen was taken aback. At the time, she thought:

Surely, there has been a misunderstanding.

It was Helen who had durable power of attorney for Charley, and she was to make any decisions regarding Charley’s medical care. According to Lawyers.com:

A conservator (sometimes known as an “adult guardian”) is a court-appointed position responsible for managing the legal and financial affairs of an adult who is unable to manage these issues on his or her own.

Still in shock, Helen drove to see her husband and straighten out this misunderstanding. When Helen approached the nursing home administrator with questions about her husband, she was denied any and all information, citing HIPAA laws.

Another Nursing Home, Wife Forbidden to Kiss or Touch Husband

In January 2014, Charley was allegedly moved to Morgan County-owned Golden Age Living Center, “The Home with a Heart,” in Stover, Missouri. Helen said that from the day that Charley arrived, she was told that she could not touch, kiss, or lay next to Charley anymore, and that her visits with him must be supervised by a staff member. (Golden Age Living Center has not yet responded to Health Impact News’ effort to contact them for comment.)

Helen bought Charley a cell phone since he did not have a phone in his room. There have been many times that Helen and other family members have called for hours on end, and the cell phone was turned off. She has resorted to calling the nurses station to try to reach him, and was told that she could not call them for personal calls. Eventually, the staff took the cell phone away. She was told that it was because the staff thought that Charley was taking photos with it.

She says she later found out that the nursing home staff had even blocked her number.

Husband Sexually Abused in Nursing Home

Helen said that there was one staff who “would touch and kiss” Charley. He did not like it. One day in July, Helen and Charley were on the phone. When the staff came in, Helen told him to lay down the phone so that they will think that he was off the phone.

Two CNAs came in, and then she heard another female voice that said, “Morning, Charley. Are you gonna smile for me today?” Then, there was total silence. “Charley, I know what will make you smile. Let me see that little pecker of yours.” Then, she said, “Girls, look at this little thing.

Charley, you still aren’t smiling for me. Charley, are you gonna smile? Oh, I need to clean the dead skin off of that pecker.” Helen said that the she “rubbed and rubbed on it till the CNAs put a Depend on him.” She said, “Charley, you still haven’t smiled. Do I need to put her titties on your table to get you to smile for me?”

Helen said, “I was livid.” She asked Charley three times who the female voice was. She said that it took him a while before he would tell her.

Finally, he told her who it was.

Helen said about the nurse, “That was her thing—to get ‘em up. And laugh.” Helen allegedly immediately reported the incident to the social worker, but she said that it was never investigated. She said that the abuse continued for about three months, and then Charley called and made a police report. He made two reports about the nurse.

Helen said, “The nursing home told the attorney general that he was being treated for dementia, and the complaint stopped.” This was a lie, Helen said, because Charley’s doctors already said that he is of sound mind. Helen contacted the attorney general, but he refused to discuss it.

Helen’s attorney told her to take the sexual abuse information to police. When she did, she got a ticket for harassment. After three months of court hearings, she ended up with a $225.00 fine.

Charley’s Phone Listed On Dating Sites

Helen said that she traded phones with Charley and found that he had been listed on four dating sites and several shopping networks. She said, “Someone actually called the phone and asked for the nurse who had sexually assaulted him.” Helen reported it to the administrator, but she said that nothing was done about it.

Wife Kidnapped from Home and Forced into Mental Hospital

After Charley was admitted to Golden Age Living Center, that night, not long after Helen went to bed, she heard a knock on the door. Next thing she knew, several men burst in the door. It was Morgan County police with an ambulance, stating that someone had reported that she overdosed on drugs. The ambulance took Helen to Calloway Community Mental Hospital, where she was told that she would be “kept for evaluation for 30 days.” When she arrived, Helen was told by staff members that she was on lockdown 24-7 and “had to be in our line of sight at all times.”

During her entire stay, Helen said that no tests or evaluations were done on her at the facility, including a drug test. She said, “I watched TV for 30 days.” She constantly had Charley on her mind. She worried a lot about her husband, and expressed concern about him to those around her on a daily basis. He was her best friend, and she wanted to be there to ensure that he was being taken care of.

While Helen was there, she told a social worker that she needed to hurry and get out of there so that she could take care of Charley. The social worker showed compassion and made arrangements for Helen to speak with Charley by phone for 30 minutes by phone every day.

One day, Helen approached a doctor at the facility. She asked, “What am I doing here?”
The doctor said, “I don’t know. Why are you here?”

She said, “I don’t know. Can I go home?” It was then that the doctor made arrangements for her release.

Helen’s Home Ransacked – Becomes Homeless

Helen was relieved and ecstatic about going home, especially because it meant that she would be seeing Charley again. However, her excitement was met with devastation:

When I got home the door was sawed off, and everything had been stolen and my home was ransacked. I had to walk away from the home.

The list of stolen items included jewelry, china, a dishwasher, clothing, and cash. Helen never recovered the stolen items. To this day, the police have had no leads, and no arrests have been made.
To add insult to injury, Helen said:

Later someone said they saw me kick the door in there—I’m 5′ 2” and weigh 107 lbs. They took me to jail again and let me out at 2:00 am. It was a 23 mile walk, a young man stopped on the road and took me twenty of those miles.

Helen Arrested — Falsely Accused of Making Terrorist Threats

During Charley’s stay at Golden Age, Helen says she was accused of making terrorist threats after she was overheard talking with her grandson about a fundraiser for a skatepark on the 4^th of July. Helen said that they talked about organizing a fireworks display, like she did when she was mayor. Reportedly, someone told authorities that they overheard Helen threatening to blow-up the nursing home. Helen was arrested, and her grandson was accused of being her accomplice.

The bail bonds man took my wedding ring as collateral for the $50,000 bond. They’ve taken everything. They kept me in holding for 49 days. I paid a lawyer $3000.00 only to find that he was seated on the board at the nursing home. They had two girls say that I threatened to blow up the nursing home. Their witnesses failed to show up in court for the hearing. The charges were dropped.

A social worker allegedly told Helen, “He’s never coming home. You’ll never see your husband again.”

Helen said that a couple of days before she was arrested for the terrorist threat, a nursing home administrator allegedly said to her, “Your husband would be perfectly happy here if you didn’t come and visit.”

Helen Falsely Arrested Again – Then Quickly Released due to Lack of Evidence

One day Helen and her grandchildren were looking for houses for sale near the nursing home, and she let her granddaughter let her out of the car to go into to see Charley. Helen drove down the street to look at the homes. When she returned, she was looking for her grandchildren. She said that a cop stopped her, saying that two CNAs reported that she had been parked in the back, attempting to kidnap Charley. She and her grandchildren were handcuffed and put in the police cars. She said that the children were unlawfully detained.

Dumbfounded, Helen said, “I told them, you may want to check your security cameras and see I wasn’t parked in the back parking lot.” Reportedly, the policeman said, “OK,” and released her.

Moved to Another Nursing Home in 2016

Last March, 2016, Charley was sent to a different nursing home, and he has been there ever since. Helen has been relegated to one hour visitation a day.

According to Helen, a few months ago, an administrator called a meeting with her. In that meeting, Helen was told that Charley would be evicted soon because Amanda Huffman allegedly has stopped paying Charley’s bill. Because of HIPPA laws, Helen does not know the billing amount or the account balance. However, she said that the bed alone is $124.00 a day.

She said that Huffman is taking his retirement money from the railroad, and is now asking for his annuity. Helen told Health Impact News:

They told me sell some property. I already gave three houses away. Huffman signed off on the house and is putting the [undisclosed amount] acres in my name.

Further, Helen said that Huffman is supposed to be sending her spousal support each month but has failed to do so.

Husband Allegedly Starving at Nursing Home

Helen brings Charley snacks on a regular basis because, without them, Charley would not have enough food to eat. She said he often tells her, “I didn’t get lunch today.” Also, she said that he goes without breakfast and lunch sometimes for a couple of days. Helen buys Charley clothing, food, etc.

I pay for everything at the nursing out of the [small monthly stipend] they give me to live. They don’t buy him anything.

When he is fed, it is not enough to fill him up, and it is difficult for him to eat.

Helen said, “The only time they take care of him is when I’m there.” Helen said that it is not uncommon to see that Charley’s Depends are on backwards, and he goes twelve hours without having them changed. She said that he has gone 19 days without a shower and witnessed a bandage on him that had feces on it.

Helen said that Charley “lays in the back room and has nobody to talk to.” Helen gets one hour visits daily. Amanda Huffman, who is in charge of Charley’s welfare according to the court, has reportedly only visited him twice since she was appointed conservator. Further, Helen said, “Huffman doesn’t return anybody’s calls.”

This is not worth the money she [Amanda Huffman] is wasting on this place—that I worked [for] all my life to take care of him.

Recently, she sought protection and help from an advocacy group for the state, which is in the beginning stages of involvement with her case.

How Could this Happen? Justice Denied

Both Helen and Charley feel that the conservatorship ruling is inappropriate and unjust, since Charley is able to handle his affairs. The couple have consulted lawyers and physicians to stop the abuse of power, as they are denied due process. The attorneys have stated that it is the burden of the court to show that Charley is in need of a conservator, which would necessitate a trial jury. Further, the court must also seek “next of kin and other interested persons” as potential conservators as a requirement to “meet due process concerns.” Reportedly, their pleas have been ignored by Judge Schehr.

According to Helen, the day that the court-appointed lawyer brought it up in court, he quit. She said that it was never brought up again in court. Regarding all the corruption that is happening with their case, Helen said, “There ain’t no lawyer that can touch this.”

All we want is to be together.

This comes despite having documentation from two medical professionals. Both a psychiatrist and Charley’s medical doctor felt so strongly about the mishandling and misdiagnosis of Charley’s mental state that they wrote a letter on his behalf, stating that Charley is competent to handle his affairs. According to Helen, when the Taylors approached Amanda Huffman about this, she said that a doctor cannot make the determination as to whether Charley needs a conservator or not.


Judge Kevin Schehr has said that medical evidence and a plan must be in place for Charley to safely return home. However, Helen said that nothing has been arranged or presented to the court to pursue this. Further, the judge said that Charley waived his right to a jury, but Helen said that the court could never produce evidence of such a waiver. She said, “There’s nothing on record.”

Attorneys Warn Helen

Since Charley was taken, Helen has dodged attacks on many fronts, which she believes were attempts to silence her. She says:

They have also tried to label me mentally incompetent, but it didn’t work.

One of her attorneys told her, “They will kill you for this kind of money.” With regards to Morgan County’s judicial system, he said, “The Justice Center—it’s a joke. They make it up as they go along.”

Helen said, “There’s no justice there.”

Full Article & Source:
Wife of Retired Couple Forbidden to See Her Husband in Nursing Home After Publication of MedicalKidnap.com Article

Seniors in nursing homes are often afraid to report elder abuse

CHAMBERSBURG – Franklin County commissioners are encouraging residents of long-term care centers to exercise their rights.

Incidents of elder abuse in nursing homes often go unreported, and seniors who report them typically fear retaliation.

The commissioners recently proclaimed October 2018 as Residents’ Rights Month in the county. The theme “Speak Up: Know Your Rights and How to Use Them” emphasizes that residents must be informed about their rights and must be partners in achieving quality care and quality of life.

It's sometimes a scary place

About 60 percent of residents in long-term care centers have no relative or loved one checking in on them, according to Angie Pickel, staff ombudsman for Franklin County.

A National Elder Abuse Incidence Study indicated that about 20 percent of cases of neglect, exploitation, abuse or self-neglect are reported. About 80 percent of residents reporting abuse in long-term care centers fear retribution from the staff.

“It’s a scary place,” Pickle said.

Across the country, residents of long-term care centers, their family members, ombudsmen, citizen advocates, center staff and others honor the individual rights of long-term care residents by celebrating Residents’ Rights Month.

The Pennsylvania Department of Aging in July identified the county Area Agency on Aging as a best practice site for Guardianship Services. The state in June gave the county a green rating for its Older Adult Protective Services program.

“We’re proud of the programs and services that Franklin County offers to aging residents and the excellence in which they’re delivered,” commissioner’s Chairman Dave Keller said.

The Franklin County Area Agency on Aging conducts Pennsylvania’s Empowered Expert Residents training sessions. The PEER program trains resident advocates to work with facilities, staff and residents to enhance quality of care and quality of life for their peers. The program, initiated in 2002, encourages long-term care residents to volunteer their time and expertise to self-advocacy issues.

Franklin County staff and volunteer ombudsmen will conduct training for nursing home staff, residents and their families in October at many of the local centers. For more information, contact Angie Pickel, staff ombudsman for Franklin County, at 717-261-0631 or at arpickel@franklincountypa.gov.



Full Article & Source:
Seniors in nursing homes are often afraid to report elder abuse