Guardian waits 12 days to inform family members of their loved one's COVID-19 death

Family calls guardianship a civil rights violation

 

“She dies alone without her family knowing. And two weeks later we find out,” said Terri.

 

By: Adam Walser

DELAND, Fla. — Last July, we reported on a controversial eight-year-long guardianship in which state investigators already uncovered wrongdoing.

New developments have led a family to call court-ordered guardianship in Florida “a civil rights violation."

The I-Team introduced you to retired school administrator Dr. Lillie Sykes White last July.

She was isolated from most of her family by a professional guardian during a legal battle over her trust.

“I never thought anything like this could've happened,” White said, in a 2018 video shared with the I-Team by her niece Terri Kennedy.

 

White was removed from her home in August 2016 and taken to an assisted living facility.

When asked by Terri on the video if she wanted to see her sister, White said, “Of course I do. I’ve always wanted to see her.”

A detective tracked her down, so they bought airline tickets

That reunion of Lillie, her sister Jane and her niece Terri wasn’t supposed to happen.

Her guardian, with a judge’s permission, forbid most of her family from knowing where she was or communicating with her.

But Jane and Terri used the services of a detective, who worked pro bono, to track her down.

“We weren’t even sure she was really there. But the private investigator said there’s a high chance. So we bought a ticket and flew from New York to Florida,” Terri Kennedy said.

Adam Walser

“We were lucky because it was a holiday or a weekend or something. So the regular people who were supposed to keep us away I guess weren’t on,” said Jane Kennedy, Lillie’s sister. “When I saw her, you never know how great that was. And when she saw me, 'oh my God,' the twinkle in her eyes and the smile and the hugs. Wonderful!”

“My mom had dark glasses on because she had been crying and crying and crying. And didn’t want her sister to see that,” Terri said.

In the months that followed, the guardian ignored requests from Terri and Jane to contact Lillie.

“I just wanted to hear her voice. She probably wanted to hear my voice too,” said Jane.

And the guardian added even more restrictions, supposedly to protect Lillie.

“You needed a passcode to speak with her. No one gave us the passcode,” said Terri.

Watchdog agency found no wrongdoing

In 2019, the Florida Office of Public and Professional Guardians, the watchdog agency assigned to investigate complaints against professional guardians, found that Lillie’s guardian violated multiple sections of Florida’s guardianship law.

But the agency didn’t take any action, saying her conduct was mitigated “by the complexity of the family relationships."

Terri met with Florida Secretary of Elder Affairs Richard Prudom last year.

OPPG falls under his department's jurisdiction.

“Secretary Prudom, when we met in January 2020 said file another complaint. I will expedite it,” Terri said.

But after filing a new complaint, Terri and Jane say they never heard anything from the state.

OPPG’s policy is not to comment on any active or pending investigations.

In November 2018, Lillie’s original guardian resigned and a family member was appointed as her new guardian.

That person is not under the jurisdiction of OPPG, since she is not a registered professional guardian in the State of Florida.

“She dies alone without her family knowing”

The meeting in 2018 was the last time Jane and Terri spoke to Lillie.

“And now my sister’s gone. She’s gone,” said Jane, fighting back tears.

“She dies alone without her family knowing. And two weeks later we find out,” said Terri.

Earlier this week, they received her death certificate, which said Lillie died Dec. 31 of respiratory failure and pneumonia related to COVID-19.

“They should have at least said ok, you can talk to her. She’s not doing well. They didn’t do that. They just let her die,” Jane said.

“Now she’s dying and you still don’t let her 85-year-old sister speak to her? There are no words for that,” said Terri.

Terri says her life’s mission is to tell her aunt Lillie's story and push for changes.

She now operates a website to tell Lillie’s story and has started a fund.

“My aunt’s case reveals the cruelty of unchecked power. Being able to isolate and exploit a senior in secrecy under the guise of protecting her,” Terri said.

“Lillie’s life matters. They have violated her civil rights. My civil rights. The civil rights of all of our family members,” said Jane.

Full Article & Source:

Guardian waits 12 days to inform family members of their loved one's COVID-19 death

CVS, Walgreens use different metrics to measure success vaccinating long-term care centers

by Fred Cantu

Texas Governor Greg Abbott often speaks of our seniors, especially those in long-term care facilities, as our most vulnerable Texans. So, it was no surprise he would be upset with the low numbers he's seeing for their COVID-19 vaccination rate.

He shared these numbers in Houston on Tuesday:

“Texas has provided 487,500 doses for nursing homes and long-term care centers. CVS and Walgreens are in charge of administering those doses. They have administered 124,827 of those doses to those who reside in nursing homes or long-term care centers.” He then added, “We, as a state, continue to insist that Walgreens and CVS pick up their pace because while Texas is now administering 78% of vaccines, Walgreens and CVS are only at 26% of their vaccine administrations.”

The math is right, but the participating pharmacies question the metrics he's using to measure their success. CVS tells us the feds allotted them more vaccine than they needed for the job. In a written statement, CVS explains, “The federal government determines weekly vaccine allotments based on facility bed count,” but what they discovered in the real world was, “occupancy is far less than bed count and staff uptake has been lower than expected."

CVS and Walgreens agree a better measure of their vaccination progress is the number of facilities they've completed. Walgreens says it has completed 100% of its assigned skilled-nursing facilities and CVS says it will have all its done by Thursday. And CVS reports it has completed 73% of its assisted living and other long-term care facilities while Walgreens puts its count right at two-thirds.

Both CVS and Walgreens issued statements earlier this month saying they believe they'll meet the deadline the feds set for them. That means they expect to have given every patient in every Texas long-term care facility at least their first dose of the COVID vaccine by January 25.

Full Article & Source:

CVS, Walgreens use different metrics to measure success vaccinating long-term care centers 

"Trustworthy" by Tara K. Wilson

Americans are experiencing the largest generational wealth transfer in history, while questioning their own mortality; now is the time for them to plan and protect their health, wealth and happiness in life through enlightened estate planning.  

Trustworthy explores the evolution of an archaic system built on procrastination, confusion, fear and death into a modern one that focuses on autonomy, transparency and tranquility. 

To facilitate this shift, Trustworthy focuses on maintaining control of one’s dignity and destiny during life; ultimately leading to protection and peace of mind. It answers the five Ws about estate plans, and more specifically, Trusts:* WHO needs one?* WHAT is it?* WHERE do I get one?* WHEN should I make one?* WHY do I need one?

Trustworthy will help you organize your life, protect yourself, your family and your assets, minimize the time, fees, hassles and emotional issues during some of life’s inevitable events and, perhaps, establish a legacy that will live on in perpetuity.

Trustworthy is available from Amazon

Swedish police arrest woman suspected of confining son for decades

by Jon Henley 

Woman, whose adult son is being treated in hospital, held on suspicion of illegal detention and grievous bodily harm

Police at the apartment block in Haninge, south of Stockholm, on Tuesday, where the woman was alleged to have kept her son confined. Photograph: Claudio Bresciani/AP

Stockholm police have arrested a woman suspected of keeping her 41-year-old son confined to their flat for almost three decades, police and local media have said.

Emma Olsson, a public prosecutor in charge of the preliminary investigation, said the 70-year-old woman, who denies any wrongdoing, was being held on suspicion of illegal detention and causing grievous bodily harm.

Her son was being treated in hospital for physical injuries he had when he was found, Olsson said, but did not specify what they were. She said he appeared to have been kept confined to the apartment for “a very long time”.

According to the Expressen newspaper, the man was found by a relative who entered the unlocked flat, in Haninge municipality about 12 miles south of the Swedish capital, on Sunday evening after hearing that the mother had herself been admitted to hospital.

The relative said she had told authorities 20 years ago that she suspected the woman was “totally controlling her son’s life”, but no official action had been taken and other family members had urged her not to cause trouble.

“But I understood he was in there and he must be afraid,” she told the paper. “I pushed the door and shouted hello. It stank of urine, dirt and dust. It smelled rotten. No one can have cleaned for many years.”

She pushed her way through piles of rubbish to the kitchen, where she found the man sitting in a corner. “I saw him in the light from a street lamp outside,” she said. “At first, I only saw his legs … They looked terrible. Everything up to the knees was just sores.”

The relative said the man could hardly stand, was missing most of his teeth, and his speech was slurred. “He spoke very fast and a little incoherently but he was not afraid of me,” she said. “I’m in shock, but I’m thankful he got help and will survive.”

The state broadcster SVT reported that the woman had lost an earlier child at a young age and given her new son the same name, subsequently becoming “over-protective”. Aftonbladet newspaper said she took the boy out of school when he was 12 or 13.

“She stole his life from him and manipulated the people around her in order to keep her secret … he has been badly let down by all of society,” the unnamed relative told Aftonbladet.

An unidentified neighbour who lived in the same building told the paper they had not seen the man for years. “They almost never went outside, and never even opened the windows for fresh air,” she said. “The apartment was sealed.”

Another neighbour told Aftonbladet she occasionally bumped into the mother. “We talked about small things, as you do,” she said. “Sometimes I asked about the boy, and she just said he was fine. She never really talked about him.”

Many neighbours found the situation strange, she said. “But what can you do? How do you know what’s going on behind closed doors?”

Full Article & Source:

Swedish police arrest woman suspected of confining son for decades

Attorney arrested

 By Mark Thornton

Attorney George "Dow" Yoder III is led into Jones County Justice Court on Wednesday. 

(Photo by Mark Thornton)

Former special assistant prosecutor charged with burglary

 •

The term “criminal lawyer” took on a different meaning with an arrest the Jones County Sheriff’s Department made on Monday afternoon.

George “Dow” Yoder III, 49, of Canton — a former state and federal prosecutor who has worked as a defense attorney in several high-profile cases in Jones County — is behind bars facing a felony charge.

He was booked into the Jones County Adult Detention Center charged with burglary of a dwelling after being caught in a home on Rocky Creek Cove, just outside of Ellisville, Sgt. J.D. Carter of the JCSD said.

Yoder was in the living room of the residence when the home owner confronted him and told him to leave, according to the report. Yoder then went outside and walked around the shed and the home owner, who had already called law enforcement, told Yoder to get off the property. Deputies arrested Yoder nearby a short time later.

“He didn’t steal anything,” Carter said, “but it’s not known what he would have done if he hadn’t been confronted.” 

The suspect was not making sense with his explanations of why he was there, a source close to the case said, but there was no evidence he was intoxicated.

“I have no idea what I’ve been accused of,” Yoder said Wednesday at his initial appearance in Jones County Justice Court. “I’ve been unable to make bond.”

Judge David Lyons responded, “That’s because I hadn’t set bond yet.”

Lyons set Yoder’s bond at $5,000. Yoder waived the reading of the indictment and the reading of the ways to make bond, saying, “I understand my rights.”

When the judge asked if he had any questions, Yoder said, “I’m not sure I got all of the questions. I‘m unsure of how I can communicate while I’m in the custody of the Jones County Sheriff’s Department,” saying that his constitutional right was being denied.

He went on to say that “no burglary occurred” and that “no criminal charges are being pursued” by the home owner. Yoder told the judge that the resident worked with his aunt for 30 years in Hattiesburg and “no crime occurred.”

That’s a matter that will have to be discussed in another setting, Lyons said, explaining that the purpose of the initial hearing was to tell Yoder what he was charged with and to set a bond. The defendant said he understood.

Yoder ignored questions from a reporter who was trying to get his side of the story as he was being escorted from the jail to the courtroom.

Yoder’s address is in Canton and his law practice is in Ridgeland, but he had reportedly been staying with family members near where he was arrested. A check of Yoder’s criminal history shows that he was arrested in Marion County on Dec. 27 for violation of a protective order.

Yoder was a candidate for the state Court of Appeals in 2016 after serving as ADA in Madison County and he was special assistant U.S. Attorney in the Jackson Division of the Southern District Court.

He represented James Barnett in a civil suit that was settled with the City of Laurel after two officers were accused of beating his client after a high-speed pursuit into Jasper County in 2018.

Yoder has also represented several defendants in criminal cases in Jones County Circuit Court in recent years.

Full Article & Source: 

Attorney arrested 

Caretaker accused of assaulting elderly Brunswick County man

Maria Oliver (Photo: BCSO)

BELVILLE, NC (WWAY) — A Belville woman is accused of assaulting an elderly man.

Maria Oliver was arrested on Tuesday and charged with abuse disable/elder inflicting serious injury.

An arrest warrant states Oliver was a caretaker for the man and assaulted him at his home, causing injury.

No word on the extent of the injuries.

Oliver is being held in jail under no bond.

Full Article & Source:

Caretaker accused of assaulting elderly Brunswick County man 

Feds, States Should Do More To Uncover Severity Of Elder Financial Abuse, Urges GAO

by Ted Knutson

The federal government and the states should do more to uncover the severity of elder financial abuse, the Government Accountability Office urges in a report released today.

Comprehensive data on the costs of financial exploitation does not exist, but GAO notes some studies have put it in the billions.

The abuse can undermine the ability of older adults to support and care for themselves, which can negatively affect their health, and shift the burden of caring for them to family members or society in general, GAO warns.

The problem is expected to get worse with the aging of the Baby Boomers. By 2030, more than 20 percent of Americans will be 65 or over compared to 13 percent in 2010.

The study notes when older adults are financially exploited by trusted others (such as family, friends, or guardians) or by strangers, the money is rarely recovered.

Acknowledging a barrier that is commonly voiced by senior citizen advocates in determining the severity of the problem, GAO researchers say state adult protective services officials told them victims often are reluctant to implicate others, especially family members or other caregivers.

Another obstacle is adult protective services caseworkers frequently face challenges obtaining and interpreting financial documents, and may not have access to forensic accountants, who might be able to determine how money has been lost and how it can be recovered.

Additionally, caseworkers told GAO said they often have difficulty acquiring financial records from banks that could help verify the costs of financial exploitation.

“Some financial exploitation cases can be extremely complicated because of multiple accounts, asset transfers, complex annuities, and more,” the study explains.

The study explained elder financial exploitation may take a variety of forms from a caregiver or family member stealing money or medications off a victim’s dresser to charging items for their personal use to a victim’s credit card to a legal guardian withdrawing funds from the victim’s bank account to a scam that entices a victim to share bank information or wire money.

While the dollar figure of elder abuse harm is unknow, more state adult protective offices are reporting the frequency of the exploitation to Washington.

Since they began providing data to the Department of Health and Human Service’s National Adult Maltreatment Reporting System (NAMRS) in 2017 voluntarily, the number of states providing financial exploitation data of any kind has risen from 30 in Fiscal 2016 to 39 in Fiscal 2019.

During the same period, states giving NAMRS detailed financial exploitation case data climbed from 17 to 24.

At the same time, detailed case data on type of perpetrator for all types of abuse rose from 21 to 27.

To uncover the financial toll, GAO is urging HHS’s Administration for Community Living to add cost figures to the NAMRS reports.

The study was requested by Senate Aging Committee Chairman Susan Collins (R-Maine) and Ranking Democrat Bob Casey (D-Pennsylvania)

The full 80-page report:

 Full Article & Source:

Feds, States Should Do More To Uncover Severity Of Elder Financial Abuse, Urges GAO

As scams against senior citizens increase in Pennsylvania, state forms task force to help

By Mike Urban

Brian Long is 77 and knows his age makes him a target for the increasing number of scammers who try to steal from senior citizens.

They see the elderly as easy prey, he said, and are ruthless enough to come after them.

Long has learned enough about financial abuse of the elderly that he not only recognizes emails, phone calls and text messages from people attempting to rip him off, but also leads seminars about these crimes on behalf of Berks-Lancaster-Lebanon LINK, an agency that helps the aging and disabled.

Despite his attempts to help people avoid being victimized, Long has repeatedly heard from seniors who still fell prey to financial schemes, evidence of how devious those scammers can be, he said.

Long and others who work with the elderly in Berks hope a new state task force can help protect seniors, improve reporting mechanisms and cut down on those crimes by coordinating efforts between agencies.

"Financial exploitation causes significant harm to older adults, and we know it is significantly underreported," said state Secretary of Aging Robert Torres, who is chairing the task force. "The department felt it was imperative to bring together stakeholders who work closely with older adults and discuss how financial exploitation occurs and ways to prevent and stop it.”

The task force’s creation stemmed from a recommendation in a recent Pennsylvania Department of Aging report.

In studying several hundred substantiated financial exploitation cases statewide, the department found that on average the victim was female, around 79 years old, widowed and living alone, with an income above the federal poverty guidelines. Sixty-five percent of the perpetrators were family members, most of them adult children.

But probably less than 10% of cases are reported, the study estimated, and as a result the approximate losses for fiscal year 2017-18 could have been as high as $2.5 billion, the study found.

"It really is a crisis," said Detective Robert Heiden of the Berks County district attorney’s office, who has investigated many cases involving financial exploitation of seniors.

"For some victims, it can be financially devastating," he said.

Family ties

About 75% of the cases Heiden sees in Berks involve family members stealing from their parents or grandparents, with a small percentage involving caregivers, and the rest committed by scammers, he said.

Sometimes seniors are targeted because it's assumed they have experienced a decline in mental capacity, but often it's because scammers are hoping they're isolated and won't talk to anyone about the crime, Heiden said.

He has spoken with some victims who were so embarrassed that they were reluctant to report being taken advantage of, but Heiden assures them they aren't alone.

"I tell them that it happens to a lot of people," he said. "They aren't the first. And it's best for them if we try to get their money back. Sometimes that money is their life's savings."

Berks detectives, state police and local police departments do sometimes get convictions in those crimes and can recoup money, but that isn’t always possible depending on the nature of the theft, how difficult it can be to trace the scammers, or how much money the thieves can afford to pay back, he said.

"There are times that money is gone," Heiden said.

Heiden said the average amount stolen from senior victims nationally is $40,000, and he investigated a case last year in Berks in which $180,000 was taken.

Not only are the victims missing that money, but they may now have trouble applying for the government programs and medical insurance assistance until they prove what happened to their savings, he said.

"It can affect the level of care they receive," he said.

Pandemic impact

The COVID-19 pandemic has left many seniors unable to receive visits from loved ones and they are more vulnerable to being ripped off, Heiden said.

By basically sheltering in place, Heiden said, they have less contact with family members who usually check their finances and mail as well as with groups of friends they may have met for breakfasts or lunches, and with whom they discussed concerns.

"That system of checks and balances isn't there now," he said.

Heiden urged seniors to remember the adages that nothing is free, and that if something seems too good to be true, it likely is.

"If you're suspicious, or you notice something wrong, talk to someone you trust," he said.

Those who think they’ve been victimized should call local law enforcement or their bank if that's where they notice a problem, he said.

False trust

Most of the cases the Berks County Area Agency on Aging has seen over the years involved family members stealing from seniors, and those crimes have increased over the last five years or so, Director Jessica Jones said.

But the office also sees cases in which people earned the trust of seniors either in-person, online or by phone in order to rip them off, she said.

Among the most insidious schemes are those that involve tricking seniors into thinking they're in a long-distance romantic relationship and convincing them that they need to send money or gift cards to stay together, she said.

Long has seen those crimes occur locally as well and said they can be extremely hard emotionally for the victims.

"When you're lonely you want to believe that someone is interested in you and concerned about you and loves you," she said. "So people see it as another chance at romance and throw caution to the wind, and others play to those fantasies. Hope can be a powerful thing."

Another common scam is to call seniors and convince them to send money to help a relative who has been hospitalized or put in jail, Long said.

Sometimes seniors answer calls from unknown numbers simply because it provides a connection to the outside world, but that's a mistake, he said.

"If you don't know who is calling, don't answer the phone," he said.

Talk about it

Jones encourages people to speak with their older relatives to help them avoid becoming victims of such crimes.

"There are people who think this isn't going to happen to my mom and dad, but then it does," she said. "You should have that conversation with them."

Jones hopes the task force can reduce these crimes through community education and improve reporting mechanisms to help solve those that occur.

The task force representatives agreed, saying it’s crucial to provide help to seniors.

"Elder financial exploitation and fraud are all too common occurrences, exacerbated by this pandemic," said state Secretary of Banking and Securities Richard Vague, who is serving on the task force. "The work of the task force to coordinate and develop strategies around financial exploitation detection and prevention is more important than ever."

Full Article & Source:

As scams against senior citizens increase in Pennsylvania, state forms task force to help

Apopka caretaker stole from terminally ill woman, police say

By Hannah Phillips

An Apopka woman with a history of theft charges was arrested Tuesday for exploiting the terminally ill woman she was hired to care for, police said.

Melisa “Missy” Brooks, 50, is accused of stealing more than $3,900 worth of items from her elderly employer over the course of a month, according to Apopka police. At the time, Brooks was already awaiting trial on allegations that she stole from another elderly person in her care.

In the new case, Brooks was hired in November by the son of a woman police described as an “elderly dying patient.” The son wanted someone to help bathe and dress his mother.

But the son told police that things went missing from his mother’s dresser and cabinets soon after Brooks took the job — including a bag containing $300 worth of quarters, a gold chain and crucifix pendant, four gold rings, an Olive Garden gift card and bottles of liquor.

Brooks denied knowing about the missing items but was later identified in surveillance footage from a Bealls store using the mother’s credit card to make an unauthorized purchase of $623, police said. Brooks was jailed Tuesday on various theft and exploitation charges.

She pled not guilty to similar charges last year after being accused of exploiting and stealing between $300 and $10,000 from a person 65 or older in May 2019. Records detailing the allegations against Brooks were not publicly available Wednesday.

Brooks’ next court hearing is scheduled for Feb. 9 in that case, in which her bond was revoked by Orange County Judge Andrew A. Bain following her latest arrest. Apopka police in an affidavit urged that she be held in custody “to protect future elderly victims.”

A string of additional theft charges also precedes the most recent allegations against Brooks. In 2012, she was arrested for shoplifting about $90 worth of merchandise from a Seminole County Publix.

“I stole some razors and lunch meat,” she told police, according to the arrest report.

Brooks completed a “shoplifting and impulse control” program in lieu of judgement but was found guilty of stealing about $140 worth of merchandise from another Publix two years later, according to court documents.

She was later found guilty of stealing $287 worth of clothing from a Kohl’s in 2017, which she told officers she intended to return for gift cards. An Orange County judge also found Brooks guilty of a theft that took place in 2013.

Full Article & Source:

Apopka caretaker stole from terminally ill woman, police say

Former New Mexico legislator known for wise, calm demeanor

Jack Burton, an attorney from Santa Fe, Sen. Jim White,
R-Albuquerque, and Sen. Daniel Ivey-Soto, D-Albuquerque

SANTA FE, N.M. (AP) - A New Mexico legislator who was known for his advocacy in protecting people who are incapacitated and placed under legal guardianship has died, Senate Republicans announced Friday.

Republican Jim White served one term in the Senate representing parts of Albuquerque, and Sandoval, Santa Fe and Torrance counties. He lost a reelection bid in the June primary.

“We will miss his wise and calm demeanor and passion for public service,” the Senate Republican Caucus said in a statement Friday. “Our thoughts and prayers go out to Senator White‘s family members and friends.”

Senate Minority Whip Craig Brandt, a Rio Rancho Republican, told the Albuquerque Journal that one of White’s relatives found him at home. The cause of death wasn’t known.

White was a veteran of the U.S. Air Force and served in Vietnam. He retired from work as an airport executive and served in the state House from 2009-14.

“He was a man that served his country, served his state and served his constituents well,” Brandt said.

White was honored by the New Mexico Foundation for Open Government in 2018 for his support in making the adult guardianship program more transparent.

Full Article & Source:

Former New Mexico legislator known for wise, calm demeanor

 

See Also: 

Senate approves guardianship reform

 

Florida Supreme Court disciplined 20 attorneys in recent court orders

The Florida Bar, the state’s guardian for the integrity of the legal profession, announced to Historic City News that the Florida Supreme Court disciplined 20 attorneys in recent court orders issued from November 21 to December 28, 2020, disbarring four, revoking the licenses of three, suspending 12 and reprimanding one. One attorney was placed on probation and two must pay restitution.

As an official arm of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 108,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

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Rita Horwitz Altman, 215 S. Olive Ave., Suite 200, West Palm Beach, suspended for three years and probation for two years thereafter effective immediately following a Dec. 17 court order. (Admitted to practice: 1992) Altman represented an immigration client in an asylum claim. The client provided critical evidence to Altman, who failed to add it to the asylum claim and to the court during the final hearing. Altman’s negligence, incompetence, lack of diligence and failure to be forthright with the court when asked about the evidence resulted in the denial of the asylum claim. (Case No:  SC20-848)

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Jean Bernard Chery, 1221 W. Colonial Drive, Suite 201, Orlando, disciplinary revocation with leave to seek readmission after five years effective 30 days following a Nov. 25 court order. (Admitted to practice: 2009) Chery improperly made disbursements to himself from his trust account. He also received settlement funds in several personal injury matters and disbursed attorney’s fees to himself before clients signed settlement statements and in amounts greater than he was entitled to. Chery deposited funds into the trust account to replenish the shortages but failed to notify The Bar’s Lawyer Regulation Department of the shortages, their cause, or the amount of the replenishments. (Case No: SC20-1323)

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Craig Albert Fine, 159 New Dorp Lane, Fl PLAZA-1, Staten Island, New York, suspended for 90 days effective Dec. 14 following a Dec. 10 court order. (Admitted to practice: 2012) Fine failed to maintain minimum trust account records, which led to a $17,965.97 shortfall in his trust account.  Further, Fine commingled personal funds in his trust account and issued earned fees to himself that cleared through another client’s funds held in trust. In mitigation, the court found the unintentional nature of the misappropriation, his remorse and acceptance of responsibility, immediate efforts made to rectify the situation, and remedial record­keeping measures instituted among other matters including his unblemished disciplinary record. This is a reciprocal discipline action from the Supreme Court of New York, Appellate Division, Second Judicial Department. (Case No: SC20-1497)

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Justin Infurna, 8324 Prestbury Drive, Orlando, suspended effective 30 days following a Dec. 28 court order. No new clients may be accepted as of Dec. 28. (Admitted to practice: 2010) Infurna appears to be causing great public harm by abandoning his clients’ cases, failing to appear for legal proceedings, making misrepresentations to clients as well as to at least one judge, and by engaging in a pattern of verbally attacking clients, former employees, and fellow attorneys. (Case No: SC20-1834)

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John Christopher Kenny, 1700 N. Monroe St., Suite 11-131, Tallahassee, suspended for 60 days effective immediately following a Dec. 10 court order. (Admitted to practice: 1994) Kenny was hired to handle an adoption matter and failed to timely respond to the petition for adoption served on his client. He failed to competently and diligently handle his client’s legal matter, resulting in a motion for default being entered against his client. (Case No: SC20-814)

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Bryan Alexander Kutchins, 3980 Tampa Road, Suite 101, Oldsmar, suspended for one year and payment of restitution effective 30 days following a Dec. 1 court order. (Admitted to practice: 1973) Kutchins was retained in a guardianship matter when he did not have sufficient experience in handling guardianship proceedings and charged excessive fees. On Nov. 30, 2016, the court issued an order prohibiting Kutchins from accepting any further payments pursuant to the contract. Rather, Kutchins’ compensation was limited to what was provided by statute, which required court approval of attorney’s fees. Kutchins denied knowledge of the Nov. 30, 2016, order, and accepted a payment from the client on Dec. 12, 2016, in violation of the order. (Case No: SC20-525)

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James Russell Leone, 1594 Ross Drive, Deltona, disciplinary revocation with leave to seek readmission after five years effective 30 days following a Dec. 17 court order. (Admitted to practice: 1985) Leone was the subject of a Florida Bar investigation wherein he was alleged to have misled or misrepresented facts or law to a nonlawyer relating to residential property over which Leone was asserting a legal interest for his client. Leone filed an action for ejectment, but the trial court found Leone failed to establish any legal basis for his client’s claim. Leone had previously represented his client in at least seven similar matters. (Case No: SC20-1553)

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Carmen Diana Lubbecke, 715 N. Washington Blvd., Suite B, Sarasota, suspended for one year effective 30 days following a Dec. 17 court order. (Admitted to practice: 2000) Lubbecke represented a husband and wife in a foreclosure defense case. Thereafter, she entered into an agreement with the husband to receive proceeds from the sale of the house in foreclosure as payment for legal fees. Lubbecke did not advise the clients to seek the advice of independent counsel. Lubbecke communicated with the husband and entered into a legal agreement regarding purchasing the home, which she did not ultimately do. While representing the wife in the foreclosure, Lubbecke filed a lawsuit against her to remove her name from the property pursuant to the party’s agreement in their divorce. (Case No: SC20-1786)

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Ronald Louis Nelson, 1247 1 Ave. N., St. Petersburg, suspended for 91 days effective immediately following a Nov. 30 court order. (Admitted to practice: 1994) Nelson was held in contempt of the court’s order dated March 27  for failing to notify clients, opposing counsel and tribunals of his suspension. (Case No: SC20-1365)

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Mayowa F. Odusanya, 1315 Oakfield Drive, Brandon, suspended for three years effective immediately following a Nov. 24 court order. (Admitted to practice: 2010) Odusanya was hired to handle post-conviction matters for a client convicted of criminal charges in the Sixth and Thirteenth Judicial Circuits. Odusanya filed a Notice of Appearance in one circuit’s case but filed no pleadings in the cases in the other circuit. Odusanya failed to diligently pursue relief for his client and failed to provide substantive information to his client’s family and his client, who was incarcerated in a state prison.  (Case No: SC19-1309)

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Ernest Maloney Page IV, 115 W. Drew St., Perry, disciplinary revocation effective 30 days following a Dec. 10 court order. (Admitted to practice: 2004) Page was charged by Information in the U.S. District Court, Middle District of Florida, Jacksonville Division. On Sept. 3, Page pleaded guilty to conspiracy to commit bribery concerning a program receiving federal funds. Page filed for disciplinary revocation, which was granted by the Florida Supreme Court on Dec. 10. (Case No: SC20-1338)

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Mark Payne, 9040 Town Center Pkwy., Lakewood Ranch, disbarred effective 30 days following a Dec. 10 court order. (Admitted to practice: 1985) Payne and his wife own Real Estate Services Group, Inc., a Florida corporation that buys and sells real estate. Payne purchased a home after final judgment in a foreclosure action. After the purchase, Payne contacted the homeowners, offering to represent them in the foreclosure action brought by their mortgage lender. Payne did not enter into a written agreement with the homeowner clients, nor explain or seek their consent for his simultaneous ownership interest in and legal representation of Real Estate Services Group. In addition to the conflict of interest, Payne failed to make the necessary and proper disclosures to the lender and made misrepresentations to all parties. (Case No: SC18-680)

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John Chandler Ross, 1025 Indian River Ave., Titusville, suspended for three years with proof of rehabilitation required prior to being reinstated effective 30 days following a Nov. 24 court order. (Admitted to practice: 1983) This was a reciprocal discipline based upon the Dec. 18, 2019, order of the U.S.  District Court for the Middle District of Florida, entered in a forfeiture case wherein the court removed Ross as counsel for the client and directed that he be suspended from the practice of law before the U.S. District Court for the Middle District of Florida.  The court found it necessary to take steps to remove Ross as counsel because of his abandonment of the client and the case. (Case No: SC20-588)

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Leonardo Adrian Roth, 201 S. Biscayne Blvd., Suite 905, Miami, disbarred, effective immediately from a Dec. 23 court order. (Admitted to practice: 1988) Roth was previously disbarred in 2013 but in three separate grievances with the bar, he is alleged to have held himself out as an attorney in good standing, licensed to practice law in the State of Florida. The complainants in these cases assert that they received legal advice and other services from Roth and that he did not disclose his disbarment. (SC20-1260)

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Sabrina Starr Spradley, 207 Tropic Isle Drive, Apt. 107, Delray Beach, disbarred effective immediately following a Dec. 2 court order. (Admitted to practice: 2009) Spradley was held in contempt of the Court’s order dated Feb. 11  for failing to notify clients, opposing counsel and tribunals of her suspension. (Case No: SC20-1366)

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James M. Thomas, 36181 E. Lake Road, Suite 414, Palm Harbor, suspended for one year effective 30 days following a Dec. 1 court order. (Admitted to practice: 2003) Thomas represented a complainant in a civil matter involving damage to the complainant’s condominium. The court entered summary judgment as to liability in favor of the complainant and reserved ruling on the amount of damages and attorney’s fees and costs. Thereafter, Thomas failed to appear at two properly noticed pre-trial conferences. As a result, the court entered an order dismissing the complainant’s case without prejudice. The trial court found that Thomas’ failure to appear could not be explained as a mere calendaring error and was more than excusable neglect. The consequence of the dismissal resulted in the complainant recovering nothing and being required to pay $30,563.10 in attorney’s fees to Thomas. Thomas refiled a new case for the complainant but failed to pursue it. (Case No: SC18-1391)

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Ryan Christopher Wagner, 110 S.E. 6 St., Suite 1420, Fort Lauderdale, public reprimand and held in contempt effective immediately following a Nov. 24 court date. (Admitted to practice: 2014) Wagner failed to respond to an official Bar inquiry in a timely manner.  (Case No: SC20-1361)

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Michael Lee Weimorts, P.O. Box 4926, Santa Rosa Beach, disbarred and must pay $3,500 in restitution to the Summerhaven North Townhome Association effective 30 days following a Dec. 10 court order. (Admitted to practice: 1993) Weimorts failed to diligently represent the homeowners association, failed to communicate with the client for more than two years, failed to respond to Florida Bar inquiries, and failed to participate in the disciplinary proceedings. (Case No: SC20-555)

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Katrina Wegmann, 66 W. Flagler St., Suite 500, Miami, suspended for three years, effective 30 days following a Dec. 23 court order. (Admitted to practice: 2012) Wegmann was arrested and charged with insurance fraud following a claim for damages to her home in which she misrepresented the date of the incident giving rise to the damages.  After Wegmann successfully completes a Pretrial Diversion Agreement with the Miami-Dade County State Attorney’s Office, criminal charges will be dropped. (SC20-1795)

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Sasha Bentley Weitzner, 37 N. Orange Ave., Suite 500, Orlando, suspended for 18 months effective 30 days following a Dec. 10 court order. (Admitted to practice: 2007) While in court, Weitzner appeared to be under the influence of drugs or alcohol.  The court requested a urinalysis, which Weitzner refused.  He was then replaced at the client’s request. In another case, Weitzner fell asleep during voir dire, causing the judge to stop proceedings to wake him up and admonish him.  When questioned, Weitzner denied being under the influence of drugs or alcohol. In another matter, Weitzner was arrested on one count of Grand Theft and two counts of Petit Theft First Offense. He entered a residential treatment facility, where he remained for 18 months until being successfully discharged. He fully cooperated with The Bar’s investigation, showed remorse, and proved interim rehabilitation. (Case No: SC20-215)

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About The Florida Bar

Founded in 1949, The Florida Bar serves the legal profession for the protection and benefit of both the public and all Florida lawyers. As one of the nation’s largest mandatory bars, The Florida Bar fosters and upholds a high standard of integrity and competence within Florida’s legal profession as an official arm of the Florida Supreme Court. To learn more, visit FloridaBar.org

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Florida Supreme Court disciplined 20 attorneys in recent court orders

Caretaker charged after embezzling over $61K from elderly woman

By JARRID McCORMICK

RED JACKET — A Mingo County woman is facing 15 felony charges after police say she embezzled more than $60,000 from an elderly woman she was taking care of.

Barbara Jean Gooslin, 63, of Red Jacket was arrested Jan. 14 by the West Virginia State Police and charged with seven counts of forgery, seven counts of uttering and one count of embezzlement by misuse of fiduciary relationship, according to a criminal complaint filed in Mingo County Magistrate Court.

According to the complaint, Gooslin was serving as a caretaker for the victim from Feb. 6, 2018, to July 11, 2018, assisting her with day-to-day needs, running errands and paying bills.

She would also assist the victim with retrieving the victim’s mail and making sure the incoming bills were paid by issuing checks to the biller.

During this time period, police say that Gooslin wrote seven of the victim’s checks made out to either herself or “cash” in varying amounts.

The checks cashed were written for $9,500, $8,000, $9,500, $9,600, $7,500, $9,750 and $7,500 — a total of $61,350.

While interviewing Gooslin, the report states she told police that she wrote the checks to herself and cashed them at the Matewan Branch of BB&T and did so without authorization or consent from the victim or any other authorized person.

When asked about the cash, she told police that she did not have any of the cash on hand or in her possession and was unable to tell the officer what the money was spent on or where it is located.

Gooslin was arraigned in Mingo County Magistrate Court by David Justice and has since been released after posting a $40,000 cash/property bail.

Corporal J.D. Matheny of the Williamson Detachment of the WVSP was listed as the investigating officer.

Disclaimer: All defendants are presumed innocent until proven guilty in a court of law. A criminal complaint is a document that alleges a criminal charge.

Full Article & Source:

Caretaker charged after embezzling over $61K from elderly woman

A nurse for 50 years refused to retire when the pandemic began. She later died from Covid-19

Betty Grier Gallaher, known around her Alabama hospital as "Miss Betty," died this month from Covid-19.

Credit: From Coosa Valley Medical Center / Fair Use

After more than 50 years as an emergency room nurse, Betty Grier Gallagher had more than earned the right to retire. But according to those who knew and loved her, she just couldn't. She cared that much.

Gallaher worked the night shift at Alabama's Coosa Valley Medical Center -- her preference, her son said, so she could mentor younger nurses. Known around the hospital as "Miss Betty,"she loved to be their sounding board, personal therapist and "work mom."

She'd make sure everyone she worked with was fed every night. She cared for her patients the same way she cared for her family and her coworkers, who became family themselves. She was, according to her loved ones, everyone's favorite nurse.

So when the Covid-19 pandemic began in March, Gallaher's concerned coworkers asked her, for her safety, to stay home.

But sitting back wasn't like her. She knew her colleagues and community needed her, so she continued to work until Covid-19 sidelined her in December.

Gallaher died from Covid-19 on January 10, one day before her 79th birthday, in the same hospital where she worked for much of her career.

"She didn't do it to stand out," said her son Carson Grier Jr. "She did it because this is who she was -- this is her calling."

She was a dedicated nurse and mentor

Gallaher was a nurse for most of her life. She believed it was her lifelong duty to care for her patients and mentor her younger colleagues, said Grier, a high school basketball coach and elementary school physical education instructor.

"This was her purpose and plan for her life," Grier told CNN. "And she lived it daily."

She spent 43 years at Coosa Valley Medical Center in Sylacauga, about an hour southeast of Birmingham. It's where she met Chuck Terrell, then a radiology technician. The two were best friends for more than 30 years, and Gallaher even trained two of his sons as nurses at Coosa Valley.

"We've all worked with Betty now," Terrell said. "I never could make her understand how much everybody loved her."

One of the parts of the job she loved best was working with young nurses who were sometimes 50 years her junior, such as Coosa Valley ER nurse and supervisor Nikki Jo Hatten.

"Betty's the type that worries about you as a nurse just as much as she worries about a patient," Hatten told CNN. "She's gonna stop you while you're busy, just to make sure you're OK."

Gallaher knew everyone's name in the ER, plus the names of their partners, children and pets, Hatten said. She'd show up with a bag of burgers to feed anyone who forgot to bring a meal for their 12-hour shift. She'd hold your hand and wrap you in a warm blanket if you needed it. She showed the same love to her colleagues as she did to her family and children.

"She was the cure for an anxiety attack," Hatten said.

She worked in the ER until Covid-19 sidelined her

Miss Betty didn't fear working on the front lines of a disaster. She worked as a supervisor at a hospital in New Orleans when Hurricane Katrina knocked out power and stranded many of her coworkers.

A few years after the 2005 hurricane, she told her son she was retiring. When he asked her what she'd do next, she said she'd go back to Coosa Valley, where Terrell had worked his way up to director of the emergency department, and return as an ER nurse.

"She wanted to get back to the everyday grind of the emergency room," Grier said. "She did it 'til it was her last days."

In March, her coworkers tried to persuade her to sit the pandemic out. Hatten said after a day or two of staying home, the 78-year-old arrived back at work to resume her night shift.

"She couldn't stand it," Hatten said. "She missed coming to work. It's what she lived for."

On December 19, Hatten noticed the typically indefatigable Miss Betty was short of breath during her rounds. Hatten suggested Gallaher get checked out after her shift ended, but Gallaher shrugged her symptoms off as exhaustion.

The next day, emergency responders brought Gallaher into the hospital, though she hadn't called them, Hatten said -- they'd checked on her out of worry. She tested positive for Covid-19, and she would stay at Coosa Valley until she died.

Even when she was confined to her hospital bed, Gallaher's primary concern was her colleagues' well-being. On New Year's Eve, she called Terrell and requested that he buy pizza for the ER staff with her debit card as a thank-you. She refused a transfer to a Birmingham hospital suggested by her carers -- Hatten said she joked that she wouldn't have anyone to style her hair.

Hatten, Terrell and their coworkers tried to keep Gallaher comfortable and occupied. After she made her rounds throughout the hospital, Hatten would stop by Gallaher's room in the intensive care unit and draw on her door in dry erase marker or don PPE to show Gallaher photos of her dog.

Miss Betty feared dying alone in the ICU, Hatten said. At the end of her life, her work family made sure she was surrounded by people who loved her.

"The day she did pass away, just about all our ER staff went and filled that room up," Hatten said. "It was not the way we wanted to see her go, but I'm glad we got to be there."

Remembering Miss Betty

Hatten's shift is quieter than usual without Miss Betty there. When the silence becomes too sad, Hatten and her coworkers will swap "Betty stories" or repeat the funny quips she'd make. It's therapeutic, she said.

"She was the glue of our ER, or the ER matriarch," she said. "It feels like we lost our mom."

Gallaher's legacy was well known in Sylacauga, but Hatten wanted to share Miss Betty with the world. So she made a TikTok dedicated to Gallaher, a compilation of short clips of the 78-year-old nurse palling around with her colleagues, beaming.

Her first TikTok about Miss Betty, posted less than one week ago, has been viewed hundreds of thousands of times.

"We didn't want her to be forgotten," Hatten said. "Everybody deserves a Betty in their hospital, and we wanted to share ours."

Grier likes to remember his mother the way she appears in Hatten's TikTok -- smiling, playful, always a bag of food in hand. He believes if his mother had the chance to do her life over again, knowing how it would end, she'd do it the exact same way.

"There was only one way she knew how to live, and that was to help others," he said. "I hope that I get to say that I lived my life the way I wanted to live it, like she did."

Terrell was set to preach at Gallaher's funeral before it was postponed; Grier tested positive for Covid-19 a few days before the service, though he's now recovering. Giving the eulogy would've been both easy and impossible, Terrell said -- easy because Gallaher secured her own legacy in the care she showed others, and impossible because he loved her so much and missed her terribly.

Before she died, Gallaher texted Terrell that she'd finally retire when she recovered from her illness. The pair liked to relax by painting acrylic figurines -- cows were her favorite to paint.

Gallaher never got to retire, and Terrell never got to paint with her one last time. He knew she'd never slow down in life, so he likes to imagine her now, in bliss, painting cows while the people she's touched carry on her legacy of kindness.

Full Article & Source:

A nurse for 50 years refused to retire when the pandemic began. She later died from Covid-19

A Recipe for Disaster - Giving Your Attorney an Ownership Interest

by Peckar & Abramson PC

Over the years, I’ve written extensively on the problems that can arise when an entity is formed with the attorney for the group also participating in the venture as a partner, co-shareholder or co-member with ownership interest. A new decision from the Disciplinary Review Board in New Jersey highlights the myriad problems that can occur in such a situation.

The New Jersey Supreme Court just disbarred a Manalapan attorney. He allegedly misappropriated funds relating to one of his client’s ventures. The opinion shows that the lawyer, who had represented a client in his business operations, assisted in the formation of a new business venture. The lawyer gained an ownership interest in exchange for providing legal services. After the loss of substantial funds, the lawyer found himself on the other side of ethics charges. As a result, he lost his law license.

Having your lawyer who forms an entity, as a business partner in that very entity, is a recipe for disaster. Generally speaking, lawyers must give special, written warnings to clients before they can enter into business transactions with clients. Without certain protections, the lawyers’ actions in the transaction can easily appear to be a conflict of interest.

In the decades that I’ve been handling partnership, shareholder and LLC disputes, I have seen many occurrences of this. As such, I have another comment when an attorney’s unethical conduct taints the formation process. When dealing with a deadlocked LLC or other partnership dispute, this unethical conduct is a strategic consideration.

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A Recipe for Disaster - Giving Your Attorney an Ownership Interest

GA man at care home tells cops he whacked woman with broomstick to relieve his stress

By Joe Kovac Jr.

A sheriff’s deputy in Monroe County was sent to Whispering Pines, an assisted-living home near Bolingbroke, to check on what was described as “a disturbance.” When the deputy got there on the morning of Dec. 31, he spoke to the caregiver for a 64-year-old woman who, according to an incident report, said the woman had been struck “over the head with a broomstick multiple times.”

The victim, meanwhile, was seen holding a paper towel to her head. The deputy noted that he saw blood and called an ambulance to check on her. The deputy asked where the culprit was and was directed to a room down the hall. It was there the deputy encountered a 52-year-old man who claimed the woman he’d struck with the broomstick had, according to the report, been “putting stuff in his room causing ants.”

The deputy’s write-up went on to note that “I asked how he knew she was doing that and he did not provide an answer. I asked why he hit (the woman) over the head and he laughed and said it was a good relief to his stress.” The man was arrested for battery.

Read more here: https://www.macon.com/news/local/crime/cop-shop-blog/article248504925.html#storylink=cpy

Full Article & Source:

GA man at care home tells cops he whacked woman with broomstick to relieve his stress

Volunteer guardians fill crucial role for some county residents

Crime Victim Services program offers help

Andrew Carey, right, was the second Volunteer Guardian in the
history of the Allen County Crime Victim Services program
started in 2017. He is pictured with Allen County
Probate/Juvenile Court Judge Glenn Derryberry.

LIMA — Andrew Carey was one of the first people to sign up for the Volunteer Guardian program in Allen County, a program started in 2017 by Allen County Crime Victim Services.

He is a volunteer guardian for a man living with mental health issues who is not able to make major decisions for himself.

“In my life, I’ve been blessed with a lot of things over my years and if I can give back to help others, I feel like I need to,” Carey said.

According to Elysia Bush, director of the CVS Elder Victim Ministry and Guardian Programs, volunteer guardians don’t deal with finances but focus on advocating for their protected person’s quality of life. Some individuals need assistance with or are unable to make decisions in areas such as healthcare, housing and daily needs. If there are no family members able to step in, a guardian is needed.

The person for whom Carey serves as a guardian is living in a residential care facility with specialization in mental health services. Carey’s job is to monitor his quality of life, ensuring the accommodation, health and care needs provided by the facility are satisfactory.

Establishing a relationship of trust is important as a guardian, Carey said.

“There might have been a little hesitation on his part during our first meeting. We had a good conversation, for about an hour or so. I think once I showed him that I was interested, and that I was going to come and visit him on regular basis, I think he felt very comfortable. I feel he opened up and we have a good working relationship,” Carey said.

Crime Victim Services provides training and clear guidelines to enable guardians to ensure their protected person’s safety, dignity and advocate for their needs. Although being a court-appointed guardian makes volunteers legally responsible for the guardianship duties, Carey stressed that Crime Victim Services works alongside volunteer guardians.

“If you have any issues, questions or problems they are there to work with you and help you work through things,” he said. “Crime Victim Services does a great job of educating, training and communicating throughout the process. It has been easy to give time for guardianship as well as work,” he said.

Carey spends about two hours a month with his protected person, plus regularly communicating via call or text. The COVID-19 pandemic has temporarily prevented in-person visits.

“You can put into it as much as you want to,” stressing that the time commitment is not a burden. I really enjoy the interaction with my ward. He is very social and appreciative. I find it very rewarding.”

Full Article & Source:

Volunteer guardians fill crucial role for some county residents

Erika Jayne’s husband ‘suffering memory loss’: Tom Girardi’s brother files motion, seeks conservatorship

By Alicea James

 

Erika Jayne’s husband Tom Girardi is claimed to be suffering from memory loss. Pic credit: Bravo

The news just keeps getting worse for Tom Girardi, the husband of Real Housewives of Beverly Hills star, Erika Jayne.

The estranged couple is embroiled in what is turning out to be a tumultuous split after the singer and performer filed divorce proceedings last year.

The RHOBH star also accused her husband of having an affair and, a few weeks ago, shared what she claimed was proof of his alleged indiscretions.

But, Tom Girardi has more than just a divorce to contend with.

The high profile attorney has also been wrapped up in several lawsuits filed against him. Now it’s alleged to be affecting his mental health and his family is stepping in.

Tom Girardi’s brother says he’s ‘incompetent’

A recent court appearance has revealed some shocking allegations regarding Tom Girardi’s state of mind.

Erika Jayne’s estranged husband is claimed to not be doing too well amid his divorce and mounting legal cases against him.

Matter of fact, the attorney’s brother, Robert Girardi wants a judge to appoint him as a legal guardian for the 81-year-old, as noted by the Los Angeles Times.

Robert claimed incompetence as one reason for wanting to become Tom’s guardian, and also claimed that his brother is “unable to act for himself.”

In one case, Tom is alleged to have misappropriated at least $2 million meant for his clients. During the contempt hearing, his assets were ordered to be frozen.

Now his brother has stepped in, trying to aid the aging attorney.

During a petition held on January 13, Robert told the bankruptcy judge that Tom is suffering from short-term memory loss.

“My brother is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and his law firm Girardi Keese notwithstanding having [it] explained to him over and over and by various people,” shared Robert Girardi.

He added, “Furthermore, my brother is not capable of making rational decisions with respect to his financial responsibilities and offers solutions and opinions that are factually impossible.”

Judge denies Robert Girardi’s petition

Robert was trying to give an explanation as to why the Bravo Housewive’s estranged husband had missed the deadline to file a response — after a coalition of creditors moved to force Girardi and his law firm into involuntary bankruptcy.

However, the judge in the case was not swayed, and directed the case to proceed to Chapter 7 bankruptcy, where Tom’s remaining assets will potentially be liquidated in order to pay off creditors.

However, Tom’s 77-year old brother is not giving up. He revealed plans to take things to the Los Angeles Superior Court, and file a separate petition to be appointed as Tom’s conservator.

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Erika Jayne’s husband ‘suffering memory loss’: Tom Girardi’s brother files motion, seeks conservatorship

Tennessee mother, boyfriend arrested for abuse of 21-year-old dependent daughter

Belynda Scott and Carlos Johnson are both charged with one count each of aggravated neglect of a vulnerable adult with physical harm; aggravated neglect of a vulnerable adult with bodily injury; and aggravated abuse of a vulnerable adult.

DECATURVILLE, Tenn. (TCD) -- A Tennessee couple was arrested and charged with child abuse and neglect of the woman's adult daughter "who relied on them for care," the Tennessee Bureau of Investigation (TBI) announced Monday.

TBI agents began an investigation on December 30, 2020, into Decaturville residents Belynda Scott and Carlos Johnson into allegations of abuse and neglect after Scott's daughter was hospitalized in Memphis.

Agents serving a search warrant at Scott and Johnson's home on the 70 block of East Walnut Street determined that between May 1 and December 29, 2020, Scott and Johnson were responsible for the abuse and neglect of Scott's 21-year-old daughter. The daughter relies on the couple for care, according to TBI.

On January 7, agents arrested Scott and Johnson and charged both with one count each of aggravated neglect of a vulnerable adult with physical harm; aggravated neglect of a vulnerable adult with bodily injury; and aggravated abuse of a vulnerable adult.

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Tennessee mother, boyfriend arrested for abuse of 21-year-old dependent daughter

New Mexico requires orientation as part of guardian reforms

SANTA FE, N.M. (AP) — New Mexico will now require that proposed guardians and conservators participate in an orientation program before being appointed by a judge to make decisions for people who are incapacitated.

The New Mexico Supreme Court issued an order Thursday approving the new rule. It will apply to cases filed on or after Feb. 1.

A committee involved with reforming the state's adult guardianship system developed a series of videos that cover topics from filing grievances to identifying and reporting abuse.

Justice Shannon Bacon said the videos will ensure that people serving in theses roles understand their duties and responsibilities under the law.

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New Mexico requires orientation as part of guardian reforms