PHOENIX – An Arizona man says a body donation center where FBI agents
reported finding buckets of human organs and a Frankenstein-like body
sold his mother’s body to the U.S. Army for “blast testing.”
Jim Stauffer told KNXV
he contacted the Biological Resource Center after his 73-year-old
mother, who had Alzheimer’s, died five years ago. He said he now feels
“foolish” because he only contacted the donation facility after his
mother’s neurologist couldn’t accept the body at the time.
Stauffer said he signed BRC paperwork outlining what he would and
would not permit the center to do with his mother’s body, and, several
days later, received a box with a majority of her ashes.
He had no idea what actually happened until he says Reuters
combed through internal BRC documents obtained by authorities and found
out Stauffer’s mother, Doris, was sold to the military for “blast
testing.”
“She was then supposedly strapped in a chair on some sort of
apparatus, and a detonation took place underneath her to basically kind
of get an idea of what the human body goes through when a vehicle is hit
by an IED,” Stauffer said.
Stauffer, who has joined a lawsuit against BRC and Stephen Gore, the
company’s owner, said he remembers the mention of explosives on the
paperwork he signed years earlier and didn’t give his consent.
“Every time there’s a memory, every time there’s a photograph you
look at, there’s this ugly thing that happened just right there staring
right at you,” Stauffer said.
When federal authorities raided the Arizona facility of the BRC in
January 2014, they made a horrific discovery: bodies piled atop one
another, buckets full of body parts and other unsettling scenes, details
that came to light recently when a former FBI agent gave a statement
for a lawsuit.
Thirty-five relatives of people whose bodies were supposed to be
donated for science research between 2010 and 2014 have sued officials
who worked at BRC in Maricopa County or its facility in Illinois.
The grim discoveries were detailed in a civil lawsuit which was first
filed in 2015, has been amended several times and is headed for trial
this fall in a Phoenix court. It alleges officials deceived relatives
who donated the remains of their loved ones and the company conspired to
traffic bodies and body parts for profit.
Full Article & Source:
Arizona man finds out his mother’s body was sold to military for ‘blast testing’
Saturday, August 10, 2019
Caretaker steals more than $100,000 in jewelry from elderly couple, police say
MIAMI - A Coral Gables caretaker was arrested
Tuesday after he stole more than $100,000 worth of jewelry from an
82-year-old woman's home, police said.
Francisco Castillo-Lumbi, 36, faces charges of grand theft and elderly exploitation.
According to a probable cause affidavit, Marlene Berg told police she had reason to believe that her husband's caretaker had stolen numerous pieces of pricey jewelry from the master bedroom of her home.
Berg's son and his fiancé told police Castillo-Lumbi was acting strangely and watching their every move, even saying he believed he was going to be blamed for the theft because he had access to the jewelry towers in the master bedroom.
Police said a hidden camera in the master bedroom showed Castillo-Lumbi searching through the jewelry and removing jewelry boxes on two different occasions while Berg, her son and his fiancé were out of town.
A prosecutor revealed in bond court Wednesday that Castillo-Lumbi "admitted to selling several pieces of jewelry," including a ring for $270 to a stranger. She said Castillo-Lumbi needed money because he's trying to arrange fake passports to bring his children to the U.S. from Nicaragua.
It was also revealed in court that Castillo-Lumbi fled to the U.S. because he faces an 80-year prison sentence in Nicaragua on terrorism charges.
"They fed this man," Michael Catalano, an attorney representing the family, told Local 10 News. "They treated him like he was a son."
Castillo-Lumbi was ordered held on a $200,000 bond. He also has a federal immigration hold.
Full Article & Source:
Caretaker steals more than $100,000 in jewelry from elderly couple, police say
Francisco Castillo-Lumbi, 36, faces charges of grand theft and elderly exploitation.
According to a probable cause affidavit, Marlene Berg told police she had reason to believe that her husband's caretaker had stolen numerous pieces of pricey jewelry from the master bedroom of her home.
Berg's son and his fiancé told police Castillo-Lumbi was acting strangely and watching their every move, even saying he believed he was going to be blamed for the theft because he had access to the jewelry towers in the master bedroom.
Police said a hidden camera in the master bedroom showed Castillo-Lumbi searching through the jewelry and removing jewelry boxes on two different occasions while Berg, her son and his fiancé were out of town.
A prosecutor revealed in bond court Wednesday that Castillo-Lumbi "admitted to selling several pieces of jewelry," including a ring for $270 to a stranger. She said Castillo-Lumbi needed money because he's trying to arrange fake passports to bring his children to the U.S. from Nicaragua.
It was also revealed in court that Castillo-Lumbi fled to the U.S. because he faces an 80-year prison sentence in Nicaragua on terrorism charges.
"They fed this man," Michael Catalano, an attorney representing the family, told Local 10 News. "They treated him like he was a son."
Castillo-Lumbi was ordered held on a $200,000 bond. He also has a federal immigration hold.
Full Article & Source:
Caretaker steals more than $100,000 in jewelry from elderly couple, police say
New Hampshire law aims to protect vulnerable elderly
At the request of its securities regulators, New Hampshire has enacted a
law that will take effect on Sept. 8, intended to protect vulnerable
adults from financial exploitation.
The law will allow registered representatives and investment advisers to delay a disbursement of funds from an investment account for a limited time if they reasonably believe it could result in the financial exploitation of a vulnerable adult.
The state's Bureau of Securities Regulation said New Hampshire law defines "vulnerable" to mean that the "physical, mental, or emotional ability of a person is such that he or she cannot manage personal, home, or financial affairs in his or her best interest, or that he or she cannot act or cannot delegate responsibility to a responsible caretaker or caregiver."
Regulators said that if an investment firm or its representative delays the disbursement of client funds due to a reasonable suspicion of financial exploitation, the firm or individual must follow certain procedures. This includes notifying the Bureau, notifying affected parties (except for parties believed to have engaged in the exploitation), and reviewing the proposed disbursement.
"With New Hampshire having the second oldest average age in the country and with the increasing numbers of baby boomers approaching or in retirement, it is particularly important to protect an aging population," said Barry Glennon, the state's head securities regulator.
Full Article & Source:
New Hampshire law aims to protect vulnerable elderly
The law will allow registered representatives and investment advisers to delay a disbursement of funds from an investment account for a limited time if they reasonably believe it could result in the financial exploitation of a vulnerable adult.
The state's Bureau of Securities Regulation said New Hampshire law defines "vulnerable" to mean that the "physical, mental, or emotional ability of a person is such that he or she cannot manage personal, home, or financial affairs in his or her best interest, or that he or she cannot act or cannot delegate responsibility to a responsible caretaker or caregiver."
Regulators said that if an investment firm or its representative delays the disbursement of client funds due to a reasonable suspicion of financial exploitation, the firm or individual must follow certain procedures. This includes notifying the Bureau, notifying affected parties (except for parties believed to have engaged in the exploitation), and reviewing the proposed disbursement.
"With New Hampshire having the second oldest average age in the country and with the increasing numbers of baby boomers approaching or in retirement, it is particularly important to protect an aging population," said Barry Glennon, the state's head securities regulator.
Full Article & Source:
New Hampshire law aims to protect vulnerable elderly
Friday, August 9, 2019
Ohio Judge Set to Rule on Forlorn Husband's Racketeering Lawsuit
OHIO - Cuyahoga County Court of Common Pleas Civil Judge Sherrie
Miday is scheduled to decide this week whether to dismiss a retired
surgeon’s complaint against a construction company, 8 lawyers, his
estranged daughter and a CPA regarding the guardianization of his 85
year old wife of sixty years.
Dr. Mehdi Saghafi, 88, filed the complaint in the Cuyahoga County Court of Common Pleas under the Organized Crime Control Act of 1970 after he was forced to divorce Fourough Bakhtiar Saghafi by a court appointed guardian, according to a press release.
“Given their advanced ages and Mrs. Saghafi’s advanced, progressive dementia, filing an action for divorce was not in the best interests of either party, and there existed no reasonable, rationale or good faith basis for filing the Divorce Action,”wrote Dr. Saghafi’s attorney Charles Longo in the opening pleading.
Defendants include the Plaintiff's guardian daughter Jaleh Saghafi Presutto, Custom Contractor C. Francis Builders and Accountant Stephen Sartchev.
Cuyahoga County Court of Common Pleas Spokesman Darren Toms declined to comment on the litigation.
As recently as 2013, Dr. and Mrs. Saghafi amassed marital assets in excess of $8,000,000, according to court records.
The forlorn, aging husband and two of his adult sons are licensed medical doctors but they were not appointed guardian of their family’s matriarch. Instead, the court assigned guardian is Jaleh Saghafi Presutto and court records allege the estranged daughter is “a convicted felon having plead guilty on or about May 16, 2018 to various crimes involving forgery and dishonesty.”
Once appointed by a Judge, a guardian of a senior citizen, such as Fourough Bakhtiar Saghafi, is empowered to liquidate their assets, sedate the individual with physician-prescribed psychotropic drugs, to deny choice of food, marital status, health insurance, medical care and even ban visits with friends and loved ones.
“The Defendants had, and continue to have, the common purpose of profiting from and receiving payments from and through the Guardianship," Mr. Longo stated.
Defendants claim, however, that the Plaintiff father failed to allege facts that could support a collateral attack on prior judgments.
“Every single alleged act of fraud, theft, conversion or other wrongful conduct or act — including the underlying and predicate wrongful acts required to support the conspiracy and RICO claims — requires the judgments and orders of the Lorain County Probate Court and Cuyahoga County Domestic Relations Court to be void,” wrote Defendant’s Attorney Harry Cornett of the Tucker Ellis law firm in the Defendants’ Aug. 2 Motion to Dismiss. “Otherwise, the transfers of funds from Plaintiffs to support [Fourough] Bakhtiar were legal transfers.”
The Plaintiff's lawsuit claims spending on the part of the guardian have been frivolous and unnecessary and that prior court judgments were obtained without jurisdiction, having been unlawfully issued in alleged sham proceedings.
Lorain County Probate Judge James Walther, who presided over some of the underlying proceedings, declined to comment.
Dr. Saghafi’s complaint comes at a time that the Senate Judiciary Committee in Washington, D.C. under the direction of Republican Senator Lindsey Graham of South Carolina is considering a proposed law called the Guardianship Accountability Act that would overhaul guardianship proceedings involving the elderly and people with disabilities across the country.
Pennsylvania Senator Bob Casey, ranking member of the Senate Committee on Aging, and Maine Senator Susan Collins, chairman of the Senate Committee on Aging, introduced the bipartisan bill last year. “Without proper oversight, unscrupulous guardians can abuse these legal relationships and exploit the individuals they are supposed to protect,” wrote Collins and Casey in a joint statement online. According to the National Center for State Courts, some 1.3 million adults are guesstimated to be under the care of a family or professional guardian who control roughly $50 billion of their assets.
Full Article & Source:
Ohio Judge Set to Rule on Forlorn Husband's Racketeering Lawsuit
Dr. Mehdi Saghafi, 88, filed the complaint in the Cuyahoga County Court of Common Pleas under the Organized Crime Control Act of 1970 after he was forced to divorce Fourough Bakhtiar Saghafi by a court appointed guardian, according to a press release.
“Given their advanced ages and Mrs. Saghafi’s advanced, progressive dementia, filing an action for divorce was not in the best interests of either party, and there existed no reasonable, rationale or good faith basis for filing the Divorce Action,”wrote Dr. Saghafi’s attorney Charles Longo in the opening pleading.
Defendants include the Plaintiff's guardian daughter Jaleh Saghafi Presutto, Custom Contractor C. Francis Builders and Accountant Stephen Sartchev.
Cuyahoga County Court of Common Pleas Spokesman Darren Toms declined to comment on the litigation.
As recently as 2013, Dr. and Mrs. Saghafi amassed marital assets in excess of $8,000,000, according to court records.
The forlorn, aging husband and two of his adult sons are licensed medical doctors but they were not appointed guardian of their family’s matriarch. Instead, the court assigned guardian is Jaleh Saghafi Presutto and court records allege the estranged daughter is “a convicted felon having plead guilty on or about May 16, 2018 to various crimes involving forgery and dishonesty.”
Once appointed by a Judge, a guardian of a senior citizen, such as Fourough Bakhtiar Saghafi, is empowered to liquidate their assets, sedate the individual with physician-prescribed psychotropic drugs, to deny choice of food, marital status, health insurance, medical care and even ban visits with friends and loved ones.
“The Defendants had, and continue to have, the common purpose of profiting from and receiving payments from and through the Guardianship," Mr. Longo stated.
Defendants claim, however, that the Plaintiff father failed to allege facts that could support a collateral attack on prior judgments.
“Every single alleged act of fraud, theft, conversion or other wrongful conduct or act — including the underlying and predicate wrongful acts required to support the conspiracy and RICO claims — requires the judgments and orders of the Lorain County Probate Court and Cuyahoga County Domestic Relations Court to be void,” wrote Defendant’s Attorney Harry Cornett of the Tucker Ellis law firm in the Defendants’ Aug. 2 Motion to Dismiss. “Otherwise, the transfers of funds from Plaintiffs to support [Fourough] Bakhtiar were legal transfers.”
The Plaintiff's lawsuit claims spending on the part of the guardian have been frivolous and unnecessary and that prior court judgments were obtained without jurisdiction, having been unlawfully issued in alleged sham proceedings.
Lorain County Probate Judge James Walther, who presided over some of the underlying proceedings, declined to comment.
Dr. Saghafi’s complaint comes at a time that the Senate Judiciary Committee in Washington, D.C. under the direction of Republican Senator Lindsey Graham of South Carolina is considering a proposed law called the Guardianship Accountability Act that would overhaul guardianship proceedings involving the elderly and people with disabilities across the country.
Pennsylvania Senator Bob Casey, ranking member of the Senate Committee on Aging, and Maine Senator Susan Collins, chairman of the Senate Committee on Aging, introduced the bipartisan bill last year. “Without proper oversight, unscrupulous guardians can abuse these legal relationships and exploit the individuals they are supposed to protect,” wrote Collins and Casey in a joint statement online. According to the National Center for State Courts, some 1.3 million adults are guesstimated to be under the care of a family or professional guardian who control roughly $50 billion of their assets.
Full Article & Source:
Ohio Judge Set to Rule on Forlorn Husband's Racketeering Lawsuit
Caretaker allegedly scams holocaust survivor out of savings
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WFTX |
Rella and Leonard Herman are in their 90s and live in Pine Crest.
Lopez is now facing felony charges.
Full Article & Source:
Caretaker allegedly scams holocaust survivor out of savings
Euthanasia opponents label consultation on WA laws 'a sham', raise alarm over safeguards
The proposed legislation, which was available on the Department of Health's website before it was introduced into Parliament yesterday afternoon, would legalise the prescription of lethal drugs to patients suffering intolerably from an illness that – on the balance of probabilities – would kill them between six and 12 months.
Premier Mark McGowan said yesterday the draft was the "culmination of lengthy and comprehensive consultation".
But Upper House Liberal MP Nick Goiran labelled the government's consultation process a "sham".
"Why did the government block the opposition's amendment to the parliamentary committee's terms of reference that would have seen it examine the risks of voluntary euthanasia?" he said.
"Why did the government block the release of the minutes of the committee meetings?
"Why did the government refuse to allow [Mr McCusker's] expert panel to consider the views of those opposed to euthanasia?"
Mr Goiran said it was difficult to take seriously Mr Cook's assurances the legislation would be safe."Why did the government block the opposition's amendment to the parliamentary committee's terms of reference that would have seen it examine the risks of voluntary euthanasia?" he said.
"Why did the committee not examine any of the wrongful deaths in the few jurisdictions that have gone down this path?
"Why did the government refuse to allow [Mr McCusker's] expert panel to consider the views of those opposed to euthanasia?"
"These facts alone demonstrate this has been anything but authentic consultation," he said.
Euthanasia legislation was unveiled today.@WAtoday Political Reporter @nathanhondros tells @oliverpeterson the Government believes its a "safe and compassionate" piece of legislation.— Perth LIVE 6PR (@PerthLive6PR) August 6, 2019
🎧https://t.co/PApzObAAXu#perthnews pic.twitter.com/ktysH1BNgg
"Sham consultation would be more accurate. "Now we are seeing short-cuts in the lawmaking process." Professor Mary McComish, former dean of the University of Notre Dame's law school, said she was concerned some of the safeguards included in the bill wouldn't stack up under scrutiny. "At first sight it does look as though the concerns about safeguards have been listened to, but I have some concern about access to the whole process in regional and remote areas," she said. "The bill allows for first requests and final requests and administration requests for the [lethal] substance to be made by video conference, which would mean the patient does not even see the doctor or the doctor does not even see the patient physically for those very important parts of the process." (Click to Continue)
Full Article & Source:
Euthanasia opponents label consultation on WA laws 'a sham', raise alarm over safeguards
Thursday, August 8, 2019
Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle
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Geriatric Management, Rebecca Fierle’s business at the corner of Hillcrest Street and Altaloma Avenue just northeast of downtown Orlando. (Jeff Weiner / Orlando Sentinel) |
The
cremated remains of nine people were found by law enforcement officers
who searched the Orlando office of disgraced former professional
guardian Rebecca Fierle this week, the state’s Office of Attorney
General said Wednesday.
“As
this investigation continues, we will be focusing on whose cremains are
in the urns, medical records that identify the cause of death, how long
the cremains have been in the target’s office and much more,” Kylie
Mason, a spokeswoman for Attorney General Ashley Moody, said in a
statement. “As this is a very active criminal investigation, we cannot
comment further at this time.”
The
Florida Department of Law Enforcement and the Orange County Sheriff’s
Office executed a search warrant Monday at 1646 Hillcrest St., a small
converted house northeast of downtown Orlando that serves as an office
for Fierle’s business, Geriatric Management.
FDLE
launched a criminal probe into the court-appointed decision maker last
month, after a state investigation found one of her incapacitated
clients, 75-year-old Steven Stryker, died at a Tampa hospital in May
following Fierle’s refusal to remove a “do not resuscitate” order she
filed against his wishes.
FDLE
spokesman Jeremy Burns confirmed the agency found cremated remains at
Fierle’s office but could not provide more details and directed inquires
to the attorney general’s office.
Fierle is not currently facing criminal charges. Her attorney did not immediately respond to a request for comment Wednesday.
![]() |
Rebecca Fierle |
It
is not uncommon for guardians to temporarily have the cremated remains
of dead clients until a final resting place is found, said Gina
Rossi-Scheiman, executive director of the Florida State Guardianship Association, a statewide organization of about 580 members, including guardians, attorneys and others associated with guardianship cases.
Guardians are responsible for incapacitated people who may be homeless or indigent with no family to claim them.
“In
most of these cases, the reason a professional guardian or a public
guardian has been assigned is because there is nobody for the
individual,” Rossi-Scheiman said. “At times, you’re the only person in
somebody’s life.”
If the deceased ward left no instructions and no family member exists or is available, Florida law gives guardians legal authority over the remains.
Rossi-Scheiman
said, in her experience as a guardian, she’s had to pick up a ward’s
remains from a cremation company to send to a family member because no
one else could do it. Guardians are tasked with making end-of-life
decisions for wards, including prepaid burial plans and funeral
arrangements with families, she said.
“It’s
possible for you to be in possession of someone’s remains because
you’re caring for that person and making sure they’re put in the proper
place where somebody needs to be laid to rest, whatever those wishes
are,” Rossi-Scheiman said.
Rossi-Scheiman did not want to comment on Fierle’s case, but said “everybody is concerned.”
“We’re waiting to see what happens,” she said.
Investigators
with the Okaloosa County Clerk of Circuit Court and Comptroller found
hospital staff could not perform life-saving procedures on Stryker
because of the DNR. Fierle told investigators she routinely filed DNRs
on the behalf of clients. Circuit Judge Janet Thorpe, in seeking
Fierle’s removal from 95 Orange County cases in July, found that Fierle
had “abused her authority” by doing so without permission from the court
or families. Fierle has since resigned from all of her cases statewide.
Fierle
told investigators she filed a DNR on Stryker because it was “an issue
of quality of life rather than quantity,” wrote Andrew Thurman, an
auditor and investigator for the Okaloosa Clerk. His report alleged
Fierle’s decision amounted to "the removal of care necessary to maintain
the ward’s physical health” and cited criminal statues.
Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle
Cremated remains of 9 people found in office of embattled Central Florida guardian
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Click to View |
Moody revealed the discovery Wednesday in an interview with The News Service of Florida.
The Florida Department of Law Enforcement and Orange County Sheriff’s Office executed a search warrant at Rebecca Fierle's Orlando office Monday.
"Alarmingly, we found items that are cause for concern and will intensify our investigation. We found nine cremains. We are now in the process of identifying those and furthering the investigation," Moody said.
A Central Florida attorney told WESH 2 News that it’s not uncommon for wards to have the remains of the people they are caring for.
Fierle is facing a criminal investigation and the governor has ordered a complete review of the Department of Elder Affairs' Office of Public and Professional Guardians.
That followed revelations that Fierle signed 'Do Not Resuscitate,' or DNR orders, for most of her wards.
Court records reviewed by WESH 2 News show Fierle has handled more than 800 Guardian cases in nine local counties over two decades.
Fierle’s wards were individuals who are physically or mentally incapacitated and are appointed a guardian.
Fierle has resigned from all of her guardian cases in 14 counties writing, "I will not be seeking reappointment in any cases, nor will I seek future appointments as a guardian."
The controversy over Fierle’s actions began after the death of a man who hospital workers would not treat because investigators say Fierle filed a "do not resuscitate" order without consent from his family.
"Anytime you have allegations where Do Not Resuscitates, DNR's, were executed in an unlawful manner, and then you conduct a search warrant and find multiple actual urns with remains in the office, that is concerning in an investigation. So, this will only help us in the investigation. Certainly, we will continue our efforts and make sure the necessary witnesses are interviewed and develop a full case," Moody said.
Full Article & Source:
Cremated remains of 9 people found in office of embattled Central Florida guardian
Federal legislation filed to address guardianship issues as scandal embroils Florida’s troubled program
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Jack Meagher says his court-appointed guardian, Rebecca Fierle, doesn't respect his wishes, and he doesn't need someone to make decisions for him. |
As
Florida’s guardianship program is under increased scrutiny with the
revelation that a client died after his Orlando guardian filed a “do not
resuscitate” order against his wishes, federal lawmakers on Wednesday
filed bipartisan legislation to expand protections for incapacitated
people.
The
Guardianship Accountability Act would expand oversight and data
collection “to hold guardians accountable” by creating a national
resource center and expanding background checks and communication
between local, state and federal organizations, U.S. Rep. Darren Soto’s
office said in a statement.
“It
is our duty in Congress to speak up and protect the most vulnerable
members of our communities,” said Soto, D-Kissimmee, in a statement. “In
Orlando, we saw firsthand the abuse of a former guardian which led to a
preventable death. We owe it to our seniors and to those living with
disabilities to provide protections from ill-intended bad actors who
abuse the system designed to provide a better quality of life."
The
scandal in Florida was sparked by the death of 75-year-old Steven
Stryker, a ward of Orlando professional guardian Rebecca Fierle. Despite
Stryker’s stated desire to live, corroborated by his daughter and a
psychiatrist, Stryker died after Fierle refused to rescind a DNR order
she had filed, which prevented staff at a Tampa hospital from attempting
to save his life, a state investigation found.
It
has since emerged that Fierle routinely filed DNRs on behalf of her
wards without court approval. She resigned as a professional guardian
statewide as judges across Central Florida launched removal proceedings
against her after details of the Stryker case, first reported by the
Orlando Sentinel, came to light. Fierle is currently under criminal
investigation by the Florida Department of Law Enforcement.
State
agents searched the Orlando office of Fierle’s company, Geriatric
Management, on Monday, finding the cremated remains of nine people, according to the state’s Office of Attorney General.
Soto
was joined by fellow Florida congressmen U.S. Rep. Charlie Crist, D-St.
Petersburg, and Gus Bilirakis, R-Palm Harbor; Michigan Democratic U.S.
Rep. Debbie Dingell; and U.S. Sens. Susan Collins, a Maine Republican,
and Bob Casey, a Pennsylvania Democrat, in introducing the act.
“Guardianship
abuses are resulting in seniors literally being held against their
will, isolated from family members and friends, their assets liquidated
and drained by unscrupulous people gaming a broken system,” Crist said
in a statement. “... This legislation brings federal resources to bear,
providing the missing transparency needed to understand where problems
exist with a better ability for stakeholders to track outcomes across
disparate state court systems nationwide.”
Said
Bilirakis: “It is said that the strength of a society can be judged
based upon how it treats its most vulnerable populations. We’ve seen
from recent examples in the news, and alarming rates of elder abuse
throughout Pasco and Pinellas counties, that guardianship is an area
where we can and must do better in order to ensure the protection of our
seniors.”
Full Article & Source:
Federal legislation filed to address guardianship issues as scandal embroils Florida’s troubled program
Wednesday, August 7, 2019
13 Investigates uncovers pattern of abuse, neglect in group homes for the disabled
No one disputes it can be a tough job, but when you have an industry with high turn over rates and improperly trained workers, group homes can become places of extreme abuse.
13 Investigates' Sandra Chapman uncovered troubling issues for a provider with a network of group homes across the state and the country.
One of these group homes is in a house located on Atwood Court in Fishers. The home is operated by ResCare, one of Indiana's largest residential care providers, and is where Indiana's most vulnerable are supposed to be protected.
Records show that protection wasn't extended to Anthony Harris who lived at the ResCare group home in Fishers. Harris has cerebral palsy and is completely disabled and non-verbal.
A caregiver admitted to viciously beating Harris in 2017.
Brutal pictures show what happened to Anthony Harris

In
this photo provided by the Harris
family attorney, Anthony Harris
recovers in the hospital after the
family attorney, Anthony Harris
recovers in the hospital after the
alleged attack in 2017.
(Courtesy Scott Benkie)
(Courtesy Scott Benkie)
Emergency room nurses from Community Hospital were the first to alert police.
In a 911 call obtained by 13 Investigates, a nurse tells the dispatcher: "His face is all bruised up. His eye is swollen and the CAT scan, it seems like he might have been abused in the group home or somewhere. And there's another patient that came from the same group home, same situation. His face is all bruised up," she said, referring to Harris' roommate who was also attacked.
"There was blood everywhere. It had been splattered. It was a horrific scene," said Scott Benkie.

Anthony Harris' attorney said the cerebral palsy
patient was tortured in his group home.
(Courtesy Scott Benkie)
The discovery still evokes disbelief for the attorney who has seen the disturbing photographs of Harris dozens of times.
"The sheer magnitude of what was done to an absolute helpless person. We found out that he had been tortured previously, his fingers had been bent back and broken," said Benkie from his Indianapolis law office.
Michael Anderson was charged and plead guilty to criminal battery in the case and sentenced to six years in prison.
13 Investigates has learned ResCare now has a confidential settlement with the Harris family.
But troubling questions remain, like how Michael Anderson was even hired by ResCare?
Caregiver Had Prior Convictions When Hired By ResCare

Michael Anderson plead guilty
to attacking a cerebral palsy patient.
(Hamilton County Sheriff's Department)
According to Indiana law, animal cruelty is defined as "intentionally beating a vertebrate animal."
In the animal cruelty case, Anderson plead guilty in 2012 to a criminal misdemeanor.
Then in 2014 and 2015, he was arrested on two separate drug possession charges. As part of a plea deal he admitted guilt in one case and got the other case dismissed. Even after Anderson was hired, a ResCare worker reportedly told management Anderson was smoking marijuana on the job, according to Benkie.
"Armed with that information, how could you in good conscience hire someone and have them entrusted to a person and persons who are totally helpless?" Benkie asked with dismay.
In court filings prior to the settlement of the Harris case, Benkie accused ResCare of failing to conduct a thorough background check of Anderson, including his criminal history. ResCare denied that claim.
Benkie told 13 Investigates, ResCare did a background check on Anderson and decided to hire him anyway, despite the convictions that he believes should have been red flags.
"You put him in an environment where you allow him to prey on those people. It's predatory. That's just absolutely mind boggling," Benkie said.
13 Investigates asked ResCare about it's hiring practices and how it could allow someone with prior convictions for animal cruelty, care for vulnerable residents.
ResCare did not provide a direct response to the question, but a spokesman did release a statement to 13 Investigates.
"We follow very stringent, state-regulated hiring practices and have been recognized and nationally accredited for the significant training we provide our teams," wrote Barnard Baker, a ResCare spokesman. "Unexpected and unfortunate incidents do sometimes occur when working with complex populations."
ResCare Employee Caught on Camera Beating Client Had Prior Assault Convictions
13 Investigates has learned ResCare settled another similar lawsuit filed in San Luis Obispo, California.
In that case, a 20-year-old man with severe autism was attacked. According to an article in the Santa Maria Sun, the caregiver is seen on a hidden video camera grabbing the client and violently lifting him out of a seat, before they fall behind a table out of view.
The man's mother filed a lawsuit that revealed the worker had previously entered pleas of no contest to two separate misdemeanor assault charges. In one of the cases, the worker grabbed a 19-year old by the throat and threatened him with a hunting knife. Both convictions resulted before he was hired by ResCare.
Jeffrey Stulberg, the attorney representing that family, confirmed to 13 Investigates the lawsuit against ResCare was also resolved through a confidential settlement.
According to ResCare's spokesman, the company is "deeply concerned any time an individual (ResCare) supports is compromised or harmed."
ResCare identifies itself as the nation's largest provider of healthcare services to people with disabilities and the largest privately-owned home care company.
Baker told 13 Investigates ResCare has been working with Indiana families for 30 years and serves more than 2,000 individuals. The company employs 2,700 workers to provide direct care service to the state's most medically complex and high-need populations.
Accountability for ResCare in Indiana

A ResCare building in Sheridan, Indiana.
(WTHR Photo)
The direct care for Hoosiers with high-need medical care is often paid for by Medicaid dollars, provided by the Centers for Medicare and Medicaid Services or CMS.
While Indiana's Family and Social Services Administration (FSSA), oversees the licensing of long-term residential care facilities like ResCare, the Indiana State Department of Health (ISDH) is responsible for inspections and making sure the facilities are operating under state and federal guidelines. It's outlined in a Memorandum of Understanding between FSSA and ISDH.
If violations are found, the company must provide a correction plan to the state health department.
Once that plan is approved, state inspectors return to the home or facility to see if the violations have been corrected.
The process can last more than a year. If the issues have not been addressed, ISDH can report non-compliance to the Centers for Medicare and Medicaid Services. That non-compliance can affect the company's Medicaid certification. But only the FSSA can impose state sanctions like fines or license revocation.
Despite Investigations, Criminal Convictions and Lawsuits ResCare Not Cited for Any Violations
Indiana State Department of Health Investigations of ResCare Homes and Facilities
- Bedford (#717)
- Bedford (#724)
- French Lick (#701)
- Greencastle (#13405)
- Henryville (#11595)
- Henryville (#11663)
- Henryville (#11664)
- Indianapolis (#453)
- Indianapolis (#963)
- Indianapolis (#979)
- Indianapolis (#1000)
- Jeffersonville (#693)
- Jeffersonville (#709)
- Jeffersonville (#769)
- Jeffersonville (#956)
- Memphis (#723)
- Memphis (#4615)
- Milan (#623)
- New Albany (#664)
- New Salisbury (#687)
- Paoli (#673)
- Paoli (#695)
- Versailles (#775)
Note:
Any person may file a complaint with the ISDH about an ICF. The ISDH
investigates all complaints. If in the course of the investigation a
violation of state or federal rules or regulations is found by
surveyors, the complaint is said "to be substantiated with findings."
But at the Fisher's home where Anthony Harris was beaten, there are no state inspection reports according to the State Department of Health.
The agency told 13 Investigates that particular ResCare property is classified as a Medicaid waiver home.
Waiver homes have three or fewer residents living there and are not licensed, regulated or surveyed by the Indiana State Department of Health like other residential group homes.
Oversight of waiver homes falls solely on FSSA's Bureau of Developmental Disability Services or BDDS.
Despite the criminal action and lawsuit, ResCare was not cited for any violation.
In fact, over the last three and a half years, ResCare has had no citations.
"Between dates January 1, 2016 and June 30, 2019, BDDS has not cited ResCare for violations occurring in supervised group living sites," said Jim Gavin, FSSA Spokesman.
While no citations may have been issued, 13 Investigates has discovered Harris isn't the only resident to suffer as a result of inadequate supervision.
![]() |
Charles
Shelton (L) allegedly pushed a patient down a flight of stairs. Megan Catherine Akers (R) admitted to battering a man with severe autism. (Lake County Sheriff's Department) |
According to an attorney representing an incapacitated patient, the man suffered broken ribs after Charles Shelton, the man's caregiver, pushed him down a flight of stairs. Shelton plead guilty to a single battery charge.
In the other case, 33-year-old Megan Catherine Akers admitted to battering a 27-year old-man with severe autism by striking him with a clipboard. Akers was sentenced to 18 months in a Lake County community corrections program.
A lawsuit is now pending against Akers, Shelton and ResCare for both incidents, alledging a "larger pattern of abuse stemming from the failure of ResCare to hire appropriate staff and to train (them) properly."
In Fort Wayne, a former ResCare employee is serving a four year prison sentence after pleading guilty to sexual misconduct with a minor.

Charles
Shelton (L) allegedly pushed a patient
down a flight of stairs. Megan Catherine Akers (R)
admitted to battering a man with severe autism.
(Lake County Sheriff's Department)
down a flight of stairs. Megan Catherine Akers (R)
admitted to battering a man with severe autism.
(Lake County Sheriff's Department)
And in Indianapolis, state health inspectors found a ResCare group home with 22 federal and state safety violations last August, some of them life and death issues. Twenty-two violations is four times over the state average of deficiencies typically found during an inspection.
13 Investigates obtained the complaint by the State Department of Health about a client who walked out of a home on Delbrook Drive undetected. He was supposed to be watched around the clock.
According to the report he "(eloped) from the group home while on one to one staff supervision, falling and sustaining a seizure on the group home's driveway without staff's knowledge."
A neighbor eventually found him, alerted the staff and called 911.
"He was banging his head on the ground," read the report.
Claudia Williamson owns a home down the street from where it all happened and was stunned to hear a resident had slipped out and hurt himself.
"I didn't even know what happened to the resident. So I'm so sorry to hear that," she told 13 Investigates.
Background Checks Don't Report All Violent Crimes
Under State law, background checks do not include misdemeanor convictions for battery, violence, or other troubling behaviors. In the cases 13 Investigates cited in Indiana and California, both workers took plea deals for misdemeanor charges.
The felony crimes screened under Indiana law are:
- A sex crime
- Battery
- Neglect
- Abuse
- Exploitation of an endangered adult or of a child
- Failure to report: Battery, Neglect, Abuse, or Exploitation of an endangered adult or of a child
- Theft if the person’s conviction for theft occurred less than ten (10) years before employment application h. Criminal conversion
- Criminal deviate conduct
- Murder
- Voluntary manslaughter
- Involuntary manslaughter
- Offense relating to alcohol or a controlled substance
State Health Inspectors Order ResCare to Implement Procedures to Prohibit Mistreatment, Neglect and Abuse At Local Group Home
The Delbrook Drive case was substantiated as "staff neglect" by the Indiana Department of Health.
The worker who failed to keep watch was terminated. The client who walked out was moved to another residential care location while ResCare promised to provide more staff training.
State inspectors concluded ResCare "must develop and implement...procedures that prohibit mistreatment, neglect or abuse" at that group home site.
But according to FSSA, no fines were issued.
ResCare maintains in its statement to 13 Investigates, "We always take immediate action any time a concerning incident occurs outside of normal service delivery...This includes self-reporting and cooperation with the state and all relevant authorities to swiftly address any issues."
13 Investigates asked the FSSA about its accountability for ResCare.
No one would speak with 13 Investigates on camera, but Gavin told 13 Investigates, "Between dates January 1, 2016 and June 30, 2019, BDDS is unaware of any plan of correction not rectified by ResCare through ISDH nor any reports of noncompliance to CMS."
Yet attorneys across the country told 13 Investigates, there's a systemic problem that demands better hiring practices and more accountability.
FSSA's Response to 13 Investigates
Jim Gavin, FSSA spokesman, released a statement to 13 Investigates:"No one receiving services from FSSA should experience abuse or neglect. For that reason, FSSA uses state and federal law to establish provider standards and oversight systems to monitor the delivery of services. In cases of abuse, additional collaboration with local Adult Protective Services and prosecutors routinely occurs, which is critical in ensuring perpetrators – like the one you describe – are convicted, ensuring they aren’t able to work with vulnerable populations in the future.
The employee to which you refer was terminated and charged by law enforcement. FSSA is pleased that the prosecutor pursued and obtained a felony conviction and that, in this instance, our partnership with adult protective services and the local prosecutor yielded an appropriate result.
Indiana law requires providers to conduct criminal background checks. The law lists the past felony convictions that could preclude employment. It is FSSA’s understanding that ResCare performed the required background check on this individual before hiring."
ResCare's Response to 13 Investigates
Barnard Baker from ResCare Media Relations released a statement to 13 Investigates with their response to our investigation. The complete statement is:"ResCare Community Living is proud to serve more than 2,000 individuals throughout Indiana. Our on-the-ground team of 2,700 dedicated staff provide more than five million hours of direct care services to the state's most medically complex and high-need populations each year. While the work of these caregivers is difficult and often overlooked, they provide an essential service which helps many people live their life in preferred community settings, as opposed to institutions.
Though we deliver thousands of positive outcomes every day, we are deeply concerned any time an individual we support is compromised or harmed. ResCare strives for conscientious and compassionate care in the services provided, promoting people-first principles at all times.
We follow very stringent, state-regulated hiring practices and have been recognized and nationally accredited for the significant training we provide our teams. However, as is the case throughout the health care industry, unexpected and unfortunate incidents do sometimes occur when working with complex populations.
We always take immediate action any time a concerning incident occurs outside of normal service delivery with an individual we support. This includes self-reporting and cooperation with the state and all relevant authorities to swiftly address any issues. That was the case with each of the dated matters WTHR raised with our agency.
ResCare has served as a strong and trusted partner to the state and Indiana families for more than 30 years, and we will continue to meet the complex and unique needs of the individuals we serve for many years to come."
Full Article & Source:
13 Investigates uncovers pattern of abuse, neglect in group homes for the disabled
Crestview woman charged with escape attempt in addition to elderly exploitation
OKALOOSA COUNTY, Fla. (WMBB) — A Crestview woman woman already
sentenced to five years in prison is now also being charged with an
escape attempt.
34-year old Elizabeth Hallford was at the Okaloosa County courthouse in Crestview for sentencing Thursday on charges of elderly exploitation and possession of a controlled substance.
After her sentencing, Hallford was placed in a secure hallway adjacent to the courtroom, awaiting transportation to the county jail. Authorities say she found an unsecured door and got away. Hallford was recaptured within minutes, about two blocks away. A review is being done by the Sheriff’s office to determine why the door latch was not closed securely.
Full Article & Source:
Crestview woman charged with escape attempt in addition to elderly exploitation
34-year old Elizabeth Hallford was at the Okaloosa County courthouse in Crestview for sentencing Thursday on charges of elderly exploitation and possession of a controlled substance.
After her sentencing, Hallford was placed in a secure hallway adjacent to the courtroom, awaiting transportation to the county jail. Authorities say she found an unsecured door and got away. Hallford was recaptured within minutes, about two blocks away. A review is being done by the Sheriff’s office to determine why the door latch was not closed securely.
Full Article & Source:
Crestview woman charged with escape attempt in addition to elderly exploitation
Judge could consider handwriting expert for Aretha Franklin's will
wills discovered in couch cushions after Aretha Franklin's death.
A hearing is scheduled Tuesday in Oakland County Probate Court, north of Detroit.
A handwritten 2014 document shows Franklin apparently wanted her son, Kecalf Franklin, to serve as the representative of her estate, which might be worth millions.
But lawyers for Franklin's estate have said "there is no basis" to believe Kecalf Franklin has those skills.
After Franklin's death last August her heirs agreed to put the estate in the hands of Franklin's niece, Sabrina Owens, who is a university administrator. Attorneys for Theodore White II said in a court filing that White should be named co-executor, along with Owens.
White and Owens' names appeared in a 2010 handwritten will, but were crossed out in the 2014 document.
Full Article & Source:
Judge could consider handwriting expert for Aretha Franklin's will
A hearing is scheduled Tuesday in Oakland County Probate Court, north of Detroit.
A handwritten 2014 document shows Franklin apparently wanted her son, Kecalf Franklin, to serve as the representative of her estate, which might be worth millions.
But lawyers for Franklin's estate have said "there is no basis" to believe Kecalf Franklin has those skills.
After Franklin's death last August her heirs agreed to put the estate in the hands of Franklin's niece, Sabrina Owens, who is a university administrator. Attorneys for Theodore White II said in a court filing that White should be named co-executor, along with Owens.
White and Owens' names appeared in a 2010 handwritten will, but were crossed out in the 2014 document.
Full Article & Source:
Judge could consider handwriting expert for Aretha Franklin's will
Tuesday, August 6, 2019
Family sets up hidden camera in nursing home, catches man sexually assaulting patient
SEATTLE (KIRO/CNN) - A man is behind bars after authorities say he raped a disabled woman in a nursing home where he worked.
According to court documents, 29-year-old Nshimiyiana Hamzat, nursing
assistant at Foss Home and Village Nursing Home in north Seattle, was
caught on a hidden camera sexually assaulting the victim more than once.
The woman's family says they hid the camera that looks like a phone charger in the room.
Hamzat is charged with second degree rape.
"I asked him what you are doing to me? He said to me back, 'I'm trying to help you, I'm trying to clean you," the victim said, who did not want to give her name.
She described feeling shame, and because of that, she did not immediately tell her family.
"I was feeling that nobody would help me,” the victim said.
Once she told her family, her brother bought the hidden camera and did not tell his sister about his plan, which made him nervous.
He was worried if the suspect found the hidden camera, he might hurt his sister even more.
He said the video proof made him lose his appetite.
"I was at the same time happy, because I catch him but I'm going sick - I can't eat nothing,” the victim’s brother said.
Hamzat, who the state says owns another adult care home himself in Bothell, Wash. where operations have since been suspended, remains jailed.
The woman's brother said he wants transparency and action from the facility.
Leadership at Foss Home and Village would not talk on camera about the allegations but said Hamzat was suspended.
The victim says Hamzat should be in jail.
According to Seattle media, there is another investigation involving another sexual assault at the same facility.
Full Article & Source:
Family sets up hidden camera in nursing home, catches man sexually assaulting patient
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A hidden camera caught a nursing assistant sexually assaulting a woman multiple times in Seattle. Nshimiyiana Hamzat is charged with second degree rape. (Source: Family/KIRO/CNN) |
The woman's family says they hid the camera that looks like a phone charger in the room.
Hamzat is charged with second degree rape.
"I asked him what you are doing to me? He said to me back, 'I'm trying to help you, I'm trying to clean you," the victim said, who did not want to give her name.
She described feeling shame, and because of that, she did not immediately tell her family.
"I was feeling that nobody would help me,” the victim said.
Once she told her family, her brother bought the hidden camera and did not tell his sister about his plan, which made him nervous.
He was worried if the suspect found the hidden camera, he might hurt his sister even more.
He said the video proof made him lose his appetite.
"I was at the same time happy, because I catch him but I'm going sick - I can't eat nothing,” the victim’s brother said.
Hamzat, who the state says owns another adult care home himself in Bothell, Wash. where operations have since been suspended, remains jailed.
The woman's brother said he wants transparency and action from the facility.
Leadership at Foss Home and Village would not talk on camera about the allegations but said Hamzat was suspended.
The victim says Hamzat should be in jail.
According to Seattle media, there is another investigation involving another sexual assault at the same facility.
Full Article & Source:
Family sets up hidden camera in nursing home, catches man sexually assaulting patient
It’s well past time to prosecute abusive guardians
Winstanley was an elegant, eloquent, remarkable woman. In an era when women were undereducated, Betty became a trained chemist. She was married for 72 years to her loving and supportive husband, and was the mother of his three children. After Dr. Robert Winstanley died in 2014, Betty wanted to leave their retirement home in Pennsylvania and find another place in Maryland closer to her two youngest children. The estranged oldest son protested and took the matter to the courtroom of Judge Jay Hoberg. Hoberg spent almost no time before declaring Betty to be “incapacitated.” He appointed strangers to take control of all of Betty’s life decisions. The legal battle, which lasted nearly four years, ate away at the $1.9 million nest egg the Winstanleys had worked so hard to amass. Betty hated every minute she was under court control.
Betty’s was the first guardianship story I ever wrote about, back in early 2016. I almost couldn’t believe that a judge could declare an American citizen “incapacitated” and a “ward of the court” without so much as having a meaningful conversation with the elder person. I soon learned it was a frequent occurrence.
In an instant, the elder loses their civil rights and all ability to make their own decisions. Suddenly, they have no say on how their money is spent, where they live, which doctors or friends they can see, and once the court decides the family is “dysfunctional,” fee-earning outsiders who make their living in this oftentimes questionable profession, take control. If family members question a guardian’s actions, the court appointee can ban them from seeing their loved ones simply because they “upset” the elder.
Since telling readers about Betty’s plight, I have written, literally, tens of thousands of words exposing this shameful practice. Several other journalists have also written extensively on this court-sanctioned exploitation of senior citizens. Yet it still takes place in courtrooms across the country with a concentration on sunny, retirement-friendly states like Florida, California, Nevada, Texas, New Mexico and Arizona. Horrifying cases of court-ordered guardians mistreating their wards and siphoning off massive amounts of estate money have also been reported in Pennsylvania, Ohio, Virginia, Alabama, Oregon, Maine, Michigan and many more states. Honestly, I could write a horror story a day about what is happening to elderly Americans victimized by the very system that is supposed to protect them.
How much power do these guardians have and how bad does it get? Take the recent case of Rebecca Fierle, a Central Florida guardian with more than 100 wards who placed “do not resuscitate” orders on clients who, allegedly, never consented. Those wards apparently had no idea that their assisted living residence or hospital would not be allowed to save their life in an emergency. In May, Navy veteran Steven Stryker’s friends and family begged the probate judge to lift his unauthorized DNR. Stryker, 75, died a few days later while doctors and nurses in a Tampa hospital helplessly stood by.
Now, in a rare move, Circuit Court Judge Janet Thorpe has ordered Fierle removed from all her cases. Judge Thorpe found Fierle had “abused her powers” with all those DNRs and never told the court she was taking Medicaid payments in addition to her hourly guardian fees. What happens next to Fierle is anybody’s guess. Involuntary manslaughter charges, maybe?
That’s how bad it gets. But still, local law enforcement, district attorneys and state attorneys general say they cannot act because it is a civil, not a criminal, matter once a probate judge has ruled. Holding a senior against their will and fraudulently taking their money sounds criminal to me.
Following Stryker’s death, Florida Gov. Ron DeSantis promised he will “vigorously” investigate the state’s guardianship system. Voters there have heard it all before. Florida, with the largest percentage of those over 65, has been the scene of decades of complaints about corrupt guardians, yet not one unethical guardian has ever been prosecuted. Governors, state legislators and members of Congress promise new, meaningful laws, but they never materialize.
Betty Winstanley, a woman with whom I had many fascinating conversations, needed hearing aids but, in my opinion, was not incapacitated. Steven Stryker, who moved to Florida to take care of his elderly parents, had trouble swallowing, but he wasn’t incapacitated, either, according to his family and friends. The judges and guardians who failed to act in their best interests should be ashamed. Betty, Steven and the countless other seniors caught up in this demeaning system deserve better.
You know why judges, lawyers, guardians and those who operate residential senior facilities get away with mistreating seniors this way? Because so few are ever prosecuted. It is way past time to change that.
Full Article & Source:
It’s well past time to prosecute abusive guardians
Government Accountability Office Focuses on Nursing Home Abuse Reporting
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by Susan_V_Kayser |
The GAO analysis of CMS data found that, while relatively rare, abuse deficiencies cited in nursing homes more than doubled, increasing from 430 in 2013 to 875 in 2017, with the largest increase in severe cases. In light of the increased number and severity of abuse deficiencies, GAO testified that, while it is imperative that CMS have strong nursing home oversight in place to protect residents from abuse, there are several oversight gaps that may limit the agency’s ability to do so. The gaps include:
- Information on abuse and perpetrator type is not readily available. CMS does not require state survey agencies to record the type of abuse and perpetrator and, when this information is recorded, it cannot be easily analyzed. Without this information, CMS lacks key information and, therefore, cannot take actions—such as tailoring prevention and investigation activities—to address the most prevalent types of abuse or perpetrators.
- Facility-reported incidents lack key information. CMS has not issued guidance on what nursing homes should include when they self-report abuse incidents to state survey agencies. This contributes to delays in state agency investigations and the inability to prioritize investigations for quick response.
- Gaps in CMS processes can result in delayed referrals to law enforcement. CMS requires a state survey agency to make a referral to law enforcement only after abuse is substantiated—a process that can often take weeks or months. As a result, law enforcement investigations can be significantly delayed. GAO reported that delay in receiving referrals limits law enforcement’s ability to collect evidence and prosecute cases—for example, bedding associated with potential sexual abuse may have been washed, and a victim’s wounds may have healed.
- require state survey agencies to submit data on abuse and perpetrator type;
- develop guidance on what abuse information nursing homes should self-report; and
- require state survey agencies to immediately refer to law enforcement any suspicion of a crime.
Some in the health care provider sector have raised concern about confusing definitions of the term “abuse,” pointing out that the CMS definition that applies to various types of providers differs from the definition in the Elder Justice Act of 2010, which requires nursing home reporting of certain types of incidents. As a result, while a nursing home would be obliged to report an incident under the Elder Justice Act, another type of health care provider may not be mandated to do so.
In fall 2019 another GAO report concerning abuse matters is due to be published. It is expected to compare federal abuse reporting requirements for nursing homes and assisted living residences.
Of course, it remains to be seen whether Congress or CMS will act soon to address issues raised by GAO.
Full Article & Source:
Government Accountability Office Focuses on Nursing Home Abuse Reporting
Monday, August 5, 2019
The Last Acknowledgement of Love
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Image by engin akyurt from Pixabay |
By
the summer of 2014, my mom’s caregiver managed to separate my mom from
me, my mom’s sister, and the rest of my mom’s family. It was a mere
three months after she and her husband moved in with my parents; into my
childhood home.
The
isolation happened slowly and gradually. At first, my mom’s jewelry,
heirlooms, and possessions, including items my mom promised me, were
being sold. Next, I was accused of not understanding my mom’s health
condition, even though I clearly understood the first 20 years of it,
prior to the caregiver entering the picture. My mom’s cell phone number
was changed, so she was unreachable by the number she held for a decade.
Then my mom’s cell phone was either monitored or taken away from her.
Phone calls went unanswered and not returned. There were many months of
eerie silence.
Visits
to see my mom were no longer tolerated, as doctors’ appointments,
scheduled surgeries, Mother’s Day plans, and other family events were
haphazardly shifted around to create confusion and drama. The chaos
prevented me from being with my mom at times when I should have been by
her side. One day, I got the dreaded lawyer letter that insisted that I
stop all in-person, phone, and electronic communication.
It
was all so surreal. My parents and I had a wonderful parent-adult child
relationship before the caregiver came into our lives.
What
was going on? Is my mom well? Is she starving? Who is taking care of
her? Is she asking for me? What if I never see her, or my dad, again? All questions I would ask myself on a daily basis.
I
tried calling dozens of times. I tried to go to the house as much as
possible, given the three hour drive was not around the corner.
Doorbells mysteriously stopped working. Outdoor security cameras were
installed around the perimeter of the home. Doors were never opened. One
of the first times that I went back to the house, I peered through an
open window to see that pictures of me, which had adorned the living
room for decades, were quickly removed after the caregiver and her
husband moved in.
There
was so much confusion. Through all of this, I learned that a greedy
outsider can isolate family members from each other. It is so prevalent
that a common predator practice is called, “Isolate. Medicate.
Liquidate.” A vulnerable person is isolated from family and friends by a guardian, medicated
to decrease decision making, and loses capacity to prevent the guardian
from helping themselves to their possessions, money and assets, or liquidation of the property.
For
20 years of my adult life, I assumed the role of “parenting the parent”
— a role that I was quite fond of, given that my mother gave me life
and all that she sacrificed. My mom was diagnosed with Multiple
Sclerosis when I was in high school and dementia much later. As these
illnesses lead to my mom’s cognitive decline, conversations between us
became simpler, yet meaningful. Discussions were similar to an adult
talking to a 5 year old child. A routine exchange went something like
this:
Mom: I’m having trouble with my blouse.
Me: Here, I’ll help.
Mom: Which arm do I put in first?
Me: Let’s start with this one (tapping her left arm).
After both arms in, mom starts to button her blouse.
Mom (stumbling with the first button): Argh. My fingers aren’t working today.
Me Here (buttoning her blouse together): You look pretty. I like this color on you.
(Mom blushes and giggles, as she smiles at her reflection in the mirror)
(Mom takes out a brush and waves it in the air). My hair is thinning.
Me
(Looks at the brush and then down at her head, trying to find evidence
of balding spots): I don’t think your hair is thinning. You have a very
healthy head of hair. (Tugs at a little tuft). Strong too.
(I start brushing my mom’s hair)
Mom: It’s hot today.
Me: Thank goodness for air condition! We have to keep you cool (Pats my mom’s shoulder).
Mom: (Squeezes my hand and smiles)
Me: Aww, I love you too Mom.
My
mom always knew who I was. Mom also knew what she wanted at any given
time. But her brain’s neurotransmitters did not always fully cooperate.
She could comprehend simplicity in conversations. Yet, her long term
memory recall was pretty accurate. She could still carry on
conversations, knew how to make and receive phone calls, and knew when
someone was at the door.
Because
my aunt and I were continually denied access to my mom for over half a
year, my uncle and I did some reconnaissance work. We found my mom and
my dad in the parking lot of a rehabilitation center as they were
exiting the facility…truly, by some miracle.
For
five minutes, my parents and I spoke, hugged, laughed, and cried. It
reinforced that the denial of communication between us was coming from
an external force. I held no grudges, and apparently they did not
either.
I
promised my mom that we would go back to the spa together very soon.
She loved getting services done every few months. The spa treated her
like a queen. And I was grateful for the quality mother-daughter time.
As
I leaned over my mom to buckle her seat belt in the car, she hugged me.
And she whispered in my ear, “I still love you.” I hugged her back and
said that I loved her too and hugged her tightly. She did not let me go
immediately after. When I stood straight again, she just looked at me
and had a large smile from ear to ear. She looked beautiful and radiant.
I
closed the door, convinced that I would see and talk to her again.
Convinced that I would be able to reconnect her sister with her again.
And somehow believing she and I would go to the spa to get our manicures
and pedicures done again, albeit several months down the road.
But it was not to be. That was the last time I saw her.
Almost three years later, despite repeatedly trying to get to her, she passed away.
Even though she was receiving in-home hospice care for 3 months, none of the family were notified.
Even though she spent a week in a hospice facility and ultimately passed there, none of the family were notified.
She
was originally not afforded a funeral, service, or an obituary. And she
was cremated against her original wishes of a burial. The reason,
stated via email, was because she greatly feared my uncle and I would
harass her at graveside after her death. A reason that I continue to
find extremely hard to believe she was capable of vocalizing, let alone
rationalizing.
The email that I received also warned that all her contents were already out of the house.
There
was no consolation by the caregiver on the loss of my mother. In fact,
there was just bitterness towards me that I found out about my mom’s
passing. To add insult to injury, there was even a threat that the
hospice facility security cameras would be checked for my alleged
criminal activity. The “criminal activity” was defined as the illegal
measures that I must have taken since the email admitted that no one was
notified about my mom’s passing.
My mom was tossed out like yesterday’s newspaper. To this day, this saddens me to no end. She deserved 10000000% better.
While
I am so grateful to have that moment in the rehab center’s parking lot
to have been able to exchange sentiments with my mom, I would have given
anything to say “I love you” again. Just one more time.
I
wonder what she thought too, especially after a three year hiatus. Did
she think I abandoned her? Was she brainwashed? Was she calling for me?
Did she die of a broken heart, even lost the will to live because I
could not get to her? There will probably never be any closure. I keep
the belief she would have wanted more than anything to hug or squeeze
her only child’s hand once more and say, “I love you.” Yet, it breaks my
heart that she passed without being afforded the opportunity to say it
to me or any other friend or family member. And she had many who loved
her. After finding out that she passed without a service, I coordinated
one for her in which over 60 people attended. My mom was well loved.
My
dad, who is competent, continues to be isolated from the majority of
his family and long time friends, and is on track to suffer the same
fate as my mom. My mom’s caregiver is his now-wife. They married two
months after my mom passed away and one month after the caregiver’s
husband passed away. To reiterate, that was 2 significant deaths and a
wedding in a 3 month period. That’s not normal, especially after a
combined 60 years of marriage between them.
All
of my parents’ assets are now in the caregiver’s name, including the
power of attorney, trusts, and health directive. I have little doubt
that she will manipulate my dad to make him, and other professionals,
believe he is on the brink of dementia, depression, or some fatal
illness, so that she can take the assets and move on to another victim.
It has happened before. The caregiver knows she has done wrong and needs
to be accountable for her actions.
I
saw my dad from afar in June 2019. He saw me. But I could not get close
enough to talk to him. The caregiver posted video footage on Facebook
that showed the car I was in, on a public street, in front of my
childhood home. The video was captioned with an ominous warning that the
authorities, and lawyer, were notified of the recording. There was no
credibility to her threat. She has since removed the post.
I want my dad to know how much I love him, in spite of being separated for 5 years. He was the best dad,
instilling many of the values that I hold today. I have not given up on
him. Even with all that has happened, I still want to see him. Yet, I
worry it will not happen.
Unfortunately,
my situation is not a unique one. Thousands of elders are being abused
by an external person taking control of their lives. Money and greed is
separating family members, as unscrupulous people control puppet
strings. Between social isolation, financial exploitation, and physical
and emotional abusive conditions, seniors are dying alone. These factors
also contribute to an expedited, lower life expectancy. Seniors are
dying of neglect and broken hearts.
Love
your loved ones. Say “I love you” frequently. Do not take for granted
that you will have one more day to express your last acknowledgement of
love to anyone.
Full Article & Source:
The Last Acknowledgement of Love
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