Monday, December 23, 2024

Lakeville man accused of convincing neighbor with dementia to adopt him, then stealing at least $1M

Joseph Robinson is charged in federal court in a case involving the "staggering apparent financial exploitation of a vulnerable adult."

Source:
Lakeville man accused of convincing neighbor with dementia to adopt him, then stealing at least $1M

Luzerne County caretaker charged with financial exploitation

Story by Emily Cherkauskas


A Luzerne County caretaker is facing charges after police say she stole over $34,000 from the person she took care of.

Dina Sabecky of Edwardsville was charged by Dallas Township police with identity theft, forgery and theft by deception and unlawful taking in connection to a series of alleged fraudulent transactions.

According to police, Sabecky was hired as a personal caretaker in 2014. After, "significant" financial discrepancies were discovered in the victim's Wells Fargo Bank account by the victim and family members.

Investigators determined that Sabecky made unauthorized ATM withdrawals, altered checks totaling over $34,000 and deposited them into a personal account. She also allegedly forged the victim’s signature on additional checks.

Search warrants executed at Wells Fargo and PNC Bank revealed a total of 80 fraudulent checks amounting to $25,675 deposited between 2019 and 2020. Additional fraudulent checks from 2017 and 2018 brought the total loss to $34,638.

Sabecky arranged on the charges on Wednesday before being released on $25,000 unsecured bail. A preliminary hearing is scheduled for Jan. 7, 2025.

"The Dallas Township Police Department urges residents to closely monitor their financial accounts. If you believe you have been a victim of financial exploitation, please report it to your local law enforcement agency," police said in a press release.

Full Article & Source:
Luzerne County caretaker charged with financial exploitation

Sunday, December 22, 2024

Bond set at $100K for Billings landlord charged with assault, elder abuse


By: Q2 News

BILLINGS - Bond was set Friday at $100,000 for John Anthony Skauge, a Billings landlord who faces felony charges of aggravated assault and exploitation of older person with developmental disabilities.

Skauge, 81, appeared in Yellowstone County District Court by video from the county jail for arraignment on the charges. He pleaded not guilty.

Skauge is the owner of the Colonial Apartments on the Billings South Side that city officials have taken legal action against that could lead to the property being condemned and demolished. The property has a long history as the source of frequent police responses.

A trial date in the civil case brought against Skauge by the City of Billings is currently scheduled for late January. It is unclear how the new criminal case could affect the civil case.

The criminal charges allege that on Aug. 10 Skauge pushed a 64-year-old woman down some stairs in a residence on Radcliffe Drive, breaking her hip. Prosecutors allege Skauge left the woman alone and did not seek medical attention. The woman's daughter said she became concerned when her mother did not respond to text messages and found her in the chair severely injured where she had been sitting for 10 to 12 hours.

The woman suffered severe and permanent injuries, prosecutors said, and has been cared for in a rehabilitation facility since the incident. 

Full Article & Source:
Bond set at $100K for Billings landlord charged with assault, elder abuse

Woman charged in Union County for allegedly stealing from seniors


By WBTV Web Staff

CHARLOTTE, N.C. (WBTV) - A woman was arrested in Union County this week in connection with the exploitation of an elderly adult in the Indian Trail area.

The Union County Sheriff’s Office said Hattie Sturdivant, 50, befriended the victim while she was working at an assisted living facility in Mecklenburg County and unlawfully accessed his finances.

Over a four-month period, deputies said she moved and spent more than $200,000 from the victim’s bank accounts.

The investigation also uncovered two more victims in Union County, deputies said. Evidence shows that Sturdivant used similar tactics to manipulate and financially exploit these people, gaining trust to access their resources.

Sturdivant faces multiple charges, including exploitation of an elder, obtaining property by false pretenses and financial transaction card fraud. She is currently being held in the Union County Jail on a $1 million bond.

Full Article & Source:
Woman charged in Union County for allegedly stealing from seniors

Colonial Heights nursing home cited by VDH for deficiencies, then found compliant days before abuse complaint


By: Melissa Hipolit

COLONIAL HEIGHTS, Va. — Four days before Colonial Heights Police received a complaint about possible elder abuse and neglect at Colonial Heights Rehabilitation and Nursing Center, the Virginia Department of Health found the facility was in full compliance after finding several deficiencies during an inspection in early August.

The VDH inspector found staff at the facility failed to administer scheduled medications, lacked necessary supplies, and failed to provide incontenience care to a resident which caused them to get a severe rash on their buttocks.

The inspection report is dated Aug. 6, 2024 and details what an inspector found over several days in late July and early August after receiving nine complaints about the facility.

That’s just two months before Colonial Heights Police received a complaint of possible elder abuse and neglect from Adult Protective Services regarding a 74-year-old resident at the facility who prosecutors said died from Sepsis from wounds on her back and in her genital area.

Prosecutors said the woman was left in her bed for days in her own urine and feces, and her wounds from the poor care were so bad APS originally thought she might have been a victim of sexual assault.

The inspector reviewed the records of 23 out of 178 residents during the unannounced inspection.

They found one resident had a severe yeast rash on their buttocks.

The inspector said the staff failed to provide incontinence care to meet the needs of the resident and noted the facility’s nurses made no documentation of the rash prior to, or even after, a Nurse Practioner pointed it out to them.

The NP wrote in her notes “Patient has had this in the past…will be worse if she continues to lay in waste for hours. Instructed patient to advocate for herself by talking to the Director of Nursing regarding how long she is laying in waste.”

The inspector also noted staff:

  • Failed to give a diabetes medication to one resident three Saturdays in a row
  • Did not have self-catheterization supplies available to a resident so he was uncomfortable after not being able to empty his urine since the morning prior
  • Failed to consult with a resident’s doctor and resident staff representative and failed to implement its abuse policy after the resident, who was classified as having severe cognitive impairment, was found engaging in sexual activity with another resident on two occasions. According to policy, any suspected or witnessed incidents of patient on patient abuse or exploitation brought to the attention of the administration will result in an internal investigation and reporting to the state survey agency. Failure by an employee to report any witnessed incident or mistreatment, abuse, neglect, theft or exploitation or reasonable suspected crime against a patient will result in corrective action.

The facility needed to correct the deficiencies found by the inspector by Sept. 18.
We asked VDH if they went back to check if the facility made the changes and a spokesperson said they conducted an “off-site” revisit on Oct. 1 to ensure compliance.

That was just four days prior to the APS complaint to police about the potential elder abuse and neglect at the facility.

The VDH spokeswoman said not all revisits are conducted on-site, and the severity of the citations determine if an on-site revisit is required.

We asked her what an “off-site revisit” entails and received the following information:

“An off-site revisit is a desk review of a health care provider’s plan of correction that includes examining credible evidence supplied by the provider. VDH carries out this review off-site.”

Full Article & Source:
Colonial Heights nursing home cited by VDH for deficiencies, then found compliant days before abuse complaint

Saturday, December 21, 2024

Police swarm Colonial Heights nursing home, arrest employees after patient death

By: Wayne Covil

COLONIAL HEIGHTS, Va. — Colonial Heights police arrested multiple employees at the Colonial Heights Rehabilitation and Nursing Center Wednesday morning, charging them with crimes ranging from abuse and neglect of vulnerable adults to falsifying patient records. The arrests came after a complaint was made in October. Police say a 74-year-old patient was hospitalized and ultimately died due to inadequate care received at the facility.

Eighteen staff members have warrants issued against them, including Shawonda Jeter, 46, the administrator of the center and Danielle Harris, 53, who is a nurse. Both women are currently in custody without bond.

"We have secured warrants on 18 individuals who are staff members at Colonial Heights Rehabilitation and Nursing Center," Major Rob Ruxer, of the Colonial Heights Police, said.

More charges could be forthcoming as the investigation continues.

The series of arrests followed an investigation launched by the police in October after Adult Protective Services reported a potential elder abuse case.

Multiple local and state agencies, including the State Attorney General’s Elder Abuse Task Force, are involved in the ongoing investigation and were present during the arrests.

According to police, charges include both felony and misdemeanor counts, including the abuse of vulnerable adults, falsifying patient records, and obstruction of justice.

CBS 6 cameras captured evidence bags being removed from the facility.

"During the investigation, our investigators, as well as individuals with the Elder Abuse Task Force, have secured and served multiple search warrants on the facility in order to obtain medical records,” Ruxer said.

One nurse has been charged with five counts of misdemeanor falsifying patient records.

"The Virginia Department of Health has staff on the ground to ensure that all residents are receiving proper care and will remain involved to ensure that the proper individuals are placed in leadership positions moving forward," Delegate Mike Cherry told CBS 6 in a statement.

Colonial Heights police are still working to apprehend all 18 individuals and are requesting assistance from the public. 

They are urging family and friends in the community to report any similar situations at the facility to the police department.

CBS 6 previously reported about Colonial Heights facility in July when the Virginia Department of Health's Office of Licensure and Certification looked into the nursing home following a CBS 6 investigation. The investigation uncovered four instances where the facility violated federal rules.

A PR firm sent us the following statement:

"We are aware of the events that happened today and are cooperating fully with law enforcement.”


Full Article & Source:
Police swarm Colonial Heights nursing home, arrest employees after patient death

Judge calls Virginia nursing home death case 'gut-wrenching' and 'horrendous'

The prosecutor identified the victim as a 74-year-old woman with cerebral palsy and diabetes. She said the woman was supposed to be removed by a lift out of her bed, but that was never done.

Source:
Judge calls Virginia nursing home death case 'gut-wrenching' and 'horrendous'

Company that owns Colonial Heights nursing home runs several other facilities

Innovative Healthcare Management LLC, owner of Colonial Heights Rehab and Nursing, is facing scrutiny following the recent arrest of 18 employees at the facility after the death of a 74-year-old woman residing there.

Source:
Company that owns Colonial Heights nursing home runs several other facilities

Friday, December 20, 2024

As nursing home care worsens, why is Virginia struggling to hold facilities accountable?


By: Tyler Layne

RICHMOND, Va — The quality of care in Virginia's nursing homes is getting worse, according to regulators, but so is the level of oversight from the agency responsible for holding facilities accountable to acceptable standards.

Those whose loved ones have been harmed at nursing homes call the combination of lacking oversight and declining conditions a "domino effect" that puts vulnerable residents at risk.

Failure, disbelief, and regrets

Tracey Pompey and Joanna Heiskill used to be strangers, but separate tragic nursing home experiences brought them together.

In 2015, Pompey's father was found dead at Glenburnie Rehabilitation and Nursing Center in Henrico County.

“He was face down on the floor in his room, and he was covered in stool," Pompey recalled.

An investigation by Virginia Department of Health (VDH) found facility staff knew that her dad was vomiting stool that day, yet failed to notify the family or a physician, resulting in a delay in treatment.

“It could have been different had they just sent him to the hospital," Pompey said. "I've allowed myself not to think about it, but it does bring up sad emotions."

Four years later, Heiskill's mother was rushed from what used to be Bonview Rehabilitation and Healthcare to a hospital with low oxygen levels. She later died.

Heiskill claimed the facility did not give her mom the proper medication. VDH inspection records showed her complaint was substantiated and further revealed that staff misappropriated her mother's money by applying to receive her social security benefits without authorization and withdrawing cash from her resident trust fund account.

“They failed my mother, miserably. They failed my mom," Heiksill said. “I regret putting my mother in the facility."

Letitia Edwards eventually became connected with Heiskill and Pompey and recently had a concerning experience of her own.

Nursing home woes

Her mother is currently in a facility that she does not want to name. In October of this year, Edwards said she discovered her mom in her bed with a broken leg, but she said staff could not explain how it happened and would not let her see an incident report.

“It just really pains me that it's not just my mother that has experienced this. I've witnessed at that facility a lot of neglectful things," Edwards said. "I'm in disbelief right now."

It's stories like these which prompted Pompey and Heiskill to form the group "Justice and Change for Victims of Nursing Facilities" to advocate for stronger laws and regulations to protect a vulnerable population.

But over the years, their disappointment has only grown, as they see the same issues that impacted their families continue.

Just this week, Colonial Heights Police announced multiple employees at Colonial Heights Rehabilitation and Nursing Center were arrested in connection to an alleged elder abuse case, after police said a patient was hospitalized due to alleged inadequate care.

The advocacy group believes cases like this could be prevented with more enforcement from regulatory agencies.

“Our government here in Virginia— we’re holding them accountable for what’s happening in these nursing facilities, and their silence is deafening," Heiskill said.

Watch advocate Joanna Heiskill calls on the government to show they care


Virginia's lacking oversight

It's the Virginia Department of Health that's responsible for ensuring nursing homes are meeting state and federal requirements. In order for facilities to be licensed at the state level and participate in Medicare and Medicaid programs at the federal level, the government sets health, safety, and care standards for nursing homes to meet.

But as CBS 6 uncovered in a previous investigation, when people submit complaints alleging poor care and conditions, VDH is often slow to take action.

For example, both Steve Lambert and Heather Tyler said they waited more than eight months for the agency to even open a case into their complaints, when federal timeline requirements say complaints assessed at even the lowest prioritization levels should be investigated within 45 days or during the facility's next inspection. For both Lambert and Tyler's complaints, an inspection had occurred after they submitted complaints.

“I found it very disheartening that the Department of Health had not responded," Lambert said.

“Get off your rear ends and do something about this. Make people responsible. Make them accountable for what their job is supposed to be," Tyler said.

A 2023 performance review of VDH by the Centers for Medicare and Medicaid Services (CMS), which monitors state agencies' oversight activities, found Virginia was failing to initiate investigations of the most severe complaints within a required 3-day timeframe.

CMS data also showed 71% of Virginia's nursing homes were overdue for inspection, as of December 2024. That's the third worst rate in the country and well above the national average of 20%.

It's unacceptable to U.S. Senators Tim Kaine and Mark Warner who allot CMS funding for oversight efforts.

“Why is Virginia so far out of whack from other states?” Sen. Kaine said. "If it was just a federal funding issue, yes, you would see Virginia with a poor track record, but it would match what other states’ track records are and I think this is obviously a significant issue for the state as well."

“I think it's an embarrassment that Virginia is so far behind other states," Sen. Warner said.

In a corrective action plan that VDH submitted to CMS in response to failures cited in the 2023 performance review, VDH said it "experienced a significant increase in the number of nursing home complaints." Data provided by the agency shows VDH received over 800 complaints so far in 2024, a 57% surge since 2018.

But VDH reported that vacancies of inspectors and supervisors limited their ability to respond within required timeframes.

It's coming at a time when the state is also "observing an overall decline in the care being provided to residents" and as CMS says it's "increasingly concerned" with the quality of care at facilities, especially those owned by private equity companies and investment firms.

“One of the things that I feel very strongly about is the way money dictates the care, the quality of care. I think our government can do better and should do better," Heiskill said. “Look at the massive amount of corporations that have recently been purchasing these nursing facilities, and they're being allowed to do it, again, with no oversight on what's going on.”

Then, there's the report from the state legislature's investigative unit JLARC which revealed a VDH plagued by years of financial mismanagement, operational challenges, and a staffing crisis. The latter of which rendered the agency "unable" to fulfill its regulatory obligations.

CBS 6 questioned Governor Glenn Youngkin about these escalating concerns.

“How did the oversight system get this bad, and what is your plan to fix it?” reporter Tyler Layne asked the governor during a public event.

“When we came in in 2022, the Virginia Department of Health was very— troubled, is how I'll describe it, and they were troubled in lots of ways. One of them was that they had not been able to really put together the organizational structure to provide the kinds of oversight necessary," Youngkin said.

But he said VDH has already been implementing recommended changes for improvement, and he expressed confidence that Health Commissioner Dr. Karen Shelton can right the ship.

After VDH initially declined multiple interview requests, Shelton eventually agreed to sit down and discuss these issues with CBS 6.

Health Commissioner acknowledges 'tremendous difficulty'

“What I've been able to gather through looking at federal data, looking at public records, is that when it comes to VDH’s regulatory responsibilities, it seems that the agency is significantly falling short of meeting those goals. Is that something that you as the Commissioner acknowledge?” reporter Tyler Layne asked Commissioner Shelton.

“I think that we all acknowledge that there's been a tremendous difficulty after COVID with a lot of healthcare workforce shortages, so both in the nursing home industry itself as well as within the Virginia Department of Health," Shelton said.

Shelton said she currently has a 46% vacancy rate of nursing home inspectors.

“How is that sustainable?” Layne asked.

Nursing home woes

“We are taking definite measures in order to increase that. We are looking at compensation studies for our current staff. Some of our vacancies— we have lost staff to other state agencies. Some of the state agencies pay more than we do for the same kind of investigations for other complaints," Shelton said.

Some of the other short-term administrative solutions Shelton has implemented include contracting temporary inspectors, focusing efforts on the most high-need inspections, and the agency has created a strike team to investigate complaints.

“Do you find that VDH is able to get around to these quick enough to your satisfaction?” Layne asked.

“We’re always striving to do better," Shelton responded.

Complaints assessed at the lowest priorities are the most backlogged right now, Shelton said. Federal rules require the agency to investigate nearly every complaint that comes in, and Shelton said only a small number of overall complaints received are outside of VDH's regulatory scope.

But the stakes are high when facilities remain unchecked.

A recent Congressional report title Uninspected and Neglected found "nursing home residents are the people who ultimately suffer when understaffing at state survey agencies reduce their capacity to oversee health facilities” and that “poor conditions... are directly connected to insufficient enforcement.”

“Do you believe that there is a correlation between lack of oversight and worsening conditions?” Layne asked.

"Well, I think it's really up to the nursing home industry themselves. It's the facilities who provide the care for the patients. So it's really incumbent upon them to be providing the best possible care for their patients," Shelton answered.

“It is, but it’s also the state's responsibility to hold them accountable if they're not doing that," Layne said.

“Absolutely," Shelton responded.

'Draconian' powers to hold facilities accountable

To that end, Shelton said Virginia is abnormally restricted in its enforcement options.

“Currently, the state powers are pretty draconian in nature," Shelton said.

By law, she said VDH has no authority to impose fines on poor performers without petitioning in court, put their license on probation, or require staff training. Shelton said these are typical enforcement measures that every other state in the region has access to.

On the federal level, CMS can impose intermediate sanctions, but Shelton said it's "very important" for the state to have those authorities too.

Watch Health Commissioner Dr. Karen Shelton discusses 'Draconian' state powers


Additionally, Shelton said state licensing fees for health facilities have not increased in 40 years, which is currently set at $1.50 per bed and capped at $500 per facility.

While VDH would typically collect $150 in licensing fees annually from a facility with 100 beds, Shelton said other states, on average, would collect around $5,000 for the same-sized facility.

An increase in fees would give the health department more money to hire inspectors, whose starting salaries currently range between $71,000-$82,000.

Shelton is calling on the General Assembly to change the laws in these areas, with support from Governor Youngkin.

The proposed measures to increase nursing home regulation come at a time when Youngkin has prioritized decreasing government regulations across his administration.

“Is this one of the areas, in your conversations with the governor, where he thinks there might be too much regulation?” Layne asked Shelton.

“I think by comparison, as I mentioned, you can look at the other states and other agencies and see that we do not have as much regulation as they do, and we're just trying to get up to speed to give us the appropriate tools to manage our job," Shelton said.

When pressed for a more direct answer to that question, Shelton declined to elaborate further, but noted that the governor supports VDH's proposed legislative priorities.

The issue of lacking regulation was also brought to a December state Board of Health meeting.

Vickie Runk, who runs assisted living communities in Lynchburg which are subject to different oversight standards than nursing homes, is the board member appointed by the governor to represent the nursing home industry.

She believes inspectors have been coming down hard on nursing facilities — but for the wrong things.

“While we're short, what we should be focusing on is care-related complaints, not the paperwork, the everyday compliance that is barriers to us focusing on the care," Runk said.

She said she supports VDH's legislative proposals, but right now, she wants investigators to limit the scope of their probes to the problems families care about most, not minor noncompliance issues.

“Those inspectors should be in there, integrated their focus on resident care, any possibilities of neglect or medication mismanagement, food that's not being properly distributed and prepared. If we're focused just on those charts and that paperwork and who signed off on something and who was trained by this person or who wasn't trained by this person, we're not focusing on care, and that's our job," Runk said.

Watch: Virginia Board of Health Member Vickie Runk Addresses Inspector Shortage


Though Virginia is seeking additional funding sources, Shelton said CMS has provided stagnant federal funding to states for oversight activities. Congress has not increased CMS funding in this area in more than ten years, despite requests under democratic and republican administrations for more money.

The commissioner acknowledged the frustration that some Virginians have expressed as they look to VDH for answers to their nursing home concerns.

She pledged that improving the oversight system was a top priority to her.

"Our nursing home residents are some of our most highly vulnerable population, and they deserve and they need great quality of care, high intensity care, and we are here to help to regulate the communities that do that, and to make sure that we're working together to facilitate that best care," Shelton said.

"And do you feel VDH is doing a good job with that right now?" Layne asked.

"We are moving forward at a fast pace," Shelton said.

'They've let us down'

While state leaders present an array of solutions, advocates remain doubtful.

“The lawmakers here, I just feel like they've let us down. They've let me down," Edwards said.

For years, they've written legislators, shared their stories, and lobbied for change — but they've seen little progress.

“It leaves me feeling very frustrated, very angry and just disappointed," Heiksill said.

“That's why our elderly in nursing facilities are suffering, and families are having to go through losing their loved one," Pompey said.

CBS 6 will monitor any proposed nursing home legislation in the upcoming General Assembly session and track its progress.

Full Article & Source:
As nursing home care worsens, why is Virginia struggling to hold facilities accountable?

15 holiday gifts for dementia patients and caregivers: 'Cognitively appropriate'

The Alzheimer's Association released a list of gift recommendations for individuals with the disease at every stage of dementia. Experts offer insights on how to navigate the holiday amid dementia.

The top gifts this holiday season might not be the best fit for everyone, especially those who have Alzheimer’s disease. There are seven million Americans living with the disease, according to the Alzheimer’s Association – and some gifts might not be appropriate depending on a person's stage of dementia.'Family members and friends may have to rethink their gift-giving strategies when shopping for someone living with dementia,' Elizabeth Edgerly, Ph.D.

trackers, in the form of watches, bracelets or key rings, can offer an individual their independence while keeping them safe. 5. 'Memory' calendars can be filled with family photos and pre-marked with important dates. Gifts for middle to late stages 6. Music playlists can be compiled with your loved one’s favorite artists and songs. 7. Comfy, loose-fitting clothing, like sweat suits, slip-on shirts, night gowns, bathrobes and lace-free shoes, are easy to throw on, remove and wash. 8.

Soothing gifts like a soft blanket or handheld massage ball can help relieve stress and anxiety. 10. 'Adaptive' dining accessories — like no-spill cups, plate guards and silverware with handles — encourage independence at the dinner table. Gifts for engagement 11. A memory phone can store photos with names and contact information. 12. Puzzles and activity books stimulate the brain and promote cognitive sharpness. 13.

Make plans to spend time with the person doing the things they like,' she advised. 'It can be playing a game, looking at old pictures, watching a favorite movie or going out to eat.' 'The adage that the best things in life are free is true. Spending time and engaging the person in meaningful ways can be the best gift of all.'

Full Article & Source:
15 holiday gifts for dementia patients and caregivers: 'Cognitively appropriate'

Thursday, December 19, 2024

S.C. guardian program delivers gifts to vulnerable adults


AIKEN, S.C. (WRDW/WAGT) - The South Carolina Vulnerable Adult Guardian ad Litem program delivered 70 stockings to various assisted-living and skilled-nursing facility locations across the state earlier this month.

The program, a division of the South Carolina Department on Aging, provides guardians ad litem for vulnerable adults who have been abused, neglected or exploited and are in the custody of the South Carolina Department of Social Services.

The program has six regional coordinators who cover the 46 counties in South Carolina.

“Ad litem” means someone appointed to act in a lawsuit on behalf of a child or other person who is not considered capable of representing themselves.

Gifts were delivered statewide, including in Aiken, Bamberg and Orangeburg counties.

“It is a pleasure and privilege to assist vulnerable adults with necessities and treats for the holiday season,” said Brenda Marchant, director of the program. 

Among the items delivered were beads, snacks, fruit, festive ties, socks and lip balm.

Items in the stockings were purchased by the program’s Vulnerable Adult Fund. To help create stockings, the program used money from the fundraising 5K Race for the Ages.

Full Article & Source:
S.C. guardian program delivers gifts to vulnerable adults

Wendy Williams, 60, All Smiles in Rare Sighting After Dementia Diagnosis

by Jacqueline Burt Cote


Wendy Williams 
hasn't been seen in public very much since her dementia diagnosis, so fans were thrilled when the 60-year-old was spotted looking happy and healthy in Florida recently.

In a clip shared to Instagram on Sunday, Dec. 15 by the account toinethedon, Williams smiled while she picked up a take-out order from the Fort Lauderdale restaurant Sista Sara’s Shonuff Oysters with her nephew, Travis Finnie.

Williams sat in the backseat of a black car wearing a green jacket and holding a black purse as she greeted and thanked the restaurant workers.


Commenters thought Williams seemed like her old self again.

"She looks almost ready for her purple chair," noted one person, referring to the famous chair from her talk show set.

"She looks good," agreed someone else.

"Glad too see you Wendy looking well praying for you 🙏," declared another fan.

In October, Williams shared a health update with the Daily Mail, saying that she was "doing good" despite her February 2024 diagnosis with aphasia and frontotemporal dementia—the same diagnosis as actor Bruce Willis.

Williams' diagnosis came after years of cognitive decline and shortly before the premiere of a controversial Lifetime documentary chronicling her physical and financial struggles.

The Wendy Williams Show premiered in 2008 and ran for 13 seasons before airing its final episode in 2022. Williams was forced to take a series of hiatuses in later seasons due to her health issues, which also include Graves’ disease and lymphedema.

Full Article & Source:
Wendy Williams, 60, All Smiles in Rare Sighting After Dementia Diagnosis

See Also:
Wendy Williams

Wednesday, December 18, 2024

Broken Arrow Police Arrest 72-Year-Old Woman Accused Of Caretaker Abuse

A 72-year-old woman is arrested and accused of caretaker abuse in Tulsa County by Broken Arrow Police. 

By: News On 6


A woman was arrested, and police say she abused an elderly woman in her care.

WHO'S BEEN ARRESTED:

72-year-old Cheryl Carlson

WHAT THE AFFIDAVIT SAYS:

  1. July 1, 2023; a niece of the victim called Broken Arrow Police to say her aunt with Alzheimer's had been put into a home by Carlson. Carlson had gotten guardianship and was accused of mis-using the victim's money.
  2. The niece got an attorney and got guardianship back and showed officers the accounts.
  3. Police say Carlson closed out several of the victim's CD's worth a total of $130,000 and deposited the money into Carlson's personal account and spent the money on trips, cash and casinos.
  4. Police say Carlson used the victim's money to write checks to herself and others and made several ATM withdrawals from a casino from the victim's account.

This is a charge, not a conviction.

Full Article & Source:
Broken Arrow Police Arrest 72-Year-Old Woman Accused Of Caretaker Abuse

Bank accounts locked and cash withdrawn after elderly gave power to law firm partner

by Sue Mitchell


Elderly and vulnerable people in south-east England have told the BBC how they lost control of their money and property after dealing with a law firm based in Essex.

They described how they were persuaded - and sometimes felt under pressure - to grant lasting power of attorney (LPA) to a man called Ron Hiller, a partner in the firm.

LPA is a legal agreement in which someone appoints an "attorney" to make decisions on their behalf, either for finance or health and welfare.

Attorneys are supposed to act in their clients' best interests. But we investigated 30 cases involving Mr Hiller and his firm, Craybeck Law, and found a disturbing pattern of events:

  • People found they had no access to their bank accounts and no idea how much Mr Hiller was charging for being their attorney
  • Large amounts of cash were withdrawn without a reasonable explanation
  • Properties were sold for what owners and others considered was lower than market value, and possessions were cleared and disposed of without owners' knowledge or informed consent

There has been a massive rise in LPAs in England and Wales in recent years. In 2023, more than one million people registered - a rise of 37% on the year before.

I spoke to dozens of vulnerable people, as well as their friends, family and neighbours, who expressed concern about Ron Hiller's business practices.

My findings also raise concerns about the potential lack of oversight within the system, and whether the body that regulates attorneys - the Office of the Public Guardian (OPG) - is able to deal with such problems.

A spokesperson for Craybeck Law has denied any wrongdoing but said the firm could not respond to claims about specific individuals, because of client confidentiality.

We made repeated attempts to speak to Mr Hiller in person, including at his home, but he did not respond.

Carole's story

Carole was in her 60s, living alone in a house in Uxbridge, west London.

In April 2022 she was admitted to hospital with an infection. She never came back.

Her friends and neighbours, Bert and Hazel, wanted to visit her in hospital but Covid restrictions were in place. Then the hospital told them she had been transferred to a care home.

They rang the home repeatedly but were never put through. They left messages but their calls were not returned.

Within months, Carole's house had been completely cleared out and sold for £355,000 - a low price, the neighbours thought, considering other houses in the street were fetching up to half a million.

Hazel and Bert were worried about what was happening, but they had no legal right to know any more details.

They wrote asking for my help, as they knew I had investigated a similar case.

I managed to track down Sandie, Carole's cousin.

Together we paid a visit to Carole's care home in the Hertfordshire town of Rickmansworth.

Carole told us she was desperate to leave, but was stuck there. She said she had been introduced to Ron Hiller at the care home, and he had convinced her to grant him lasting power of attorney over her finances.


Most people appoint family members to be their attorney but for Carole, this had not been an option. Her closest relative was Sandie - however, she lived about a 100-mile drive away and suffered from serious health problems.

A property and finance LPA can be activated as soon as it is registered. Carole told us she had been in a lot of pain when she arrived at the care home, and her LPA shows she agreed to grant these powers to Mr Hiller straight away.

Since that point, she had been without her bank cards and had received no statements. She was also in the dark about how much she was paying Mr Hiller to manage her finances.

She had wanted to call Hazel and Bert, but Mr Hiller had given her a new phone that didn't contain any of her old contacts.

Carole told us he had advised her to sell her house in order to pay the care home fees, then later told her it had fetched a low price because nobody had wanted to buy in her area.

As we sat talking, Sandie looked at her phone and discovered the house was on the market again. This time, the asking price was almost £100,000 more than when Mr Hiller had sold it for Carole.

After meeting Carole in the care home, Sandie asked for detailed accounts from Craybeck Law.

What came was a slow drip-feed of bank statements, with no real explanation of Mr Hiller's charges and hardly any receipts.

However, they did show that large sums of money had been taken from Carole's account. Her bank card had been used to make a series of £300 cash withdrawals from ATMs in the Essex town of South Benfleet, near Mr Hiller's office.

He told Sandie that Carole had authorised the withdrawals - but later, when Carole asked to see invoices, they were not produced.

Detail of bank statement showing five withdrawals of £300 each from the same cashpoint at Sainsburys Bank in South Benfleet. The first was on 16 January 2023, and the last is a week later on the 23rd. Caption above picture reads "Carole's bank card was used to make several withdrawals from ATMs in South Benfleet"

The statements also showed a charge for arranging for Carole's house to be cleared. I later discovered the work was given to Silverback Commerical Removals, and that the director of this firm was David James Hiller - the son of Ron Hiller.

Craybeck Law denied there was any conflict of interest and said the decision to use Silverback was reached after quotes were sought from alternative providers. Carole has no record of these.

I heard a similar story about house sales a few miles away in Watford.

Ron Hiller was appointed to oversee the finances of an elderly woman called Elizabeth - her house had been sold for £350,000 after she went to live in a care home.

It was then left empty and sold on a few months later for £525,000 - without any signs that improvements had taken place.

Craybeck Law said it would not comment on individual cases but told us that the properties it handled were often in poor condition and that sometimes they needed to be sold quickly to cover care home fees, and "to avoid the risk of a sale falling through".

Under pressure?

Many of the people I spoke to, felt Ron Hiller had put them under pressure to appoint him as attorney.

Some also told me they had been introduced to him by care professionals, who had led them to believe he was a qualified solicitor.

On the website for Craybeck Law, Ron Hiller is described as a partner in the firm's elder client division. However, the letters after his name - MCICM - denote a diploma in credit management and debt collection.

There is no mention of Ron Hiller on the official register of qualified solicitors either.

A spokesperson for Craybeck Law denied Mr Hiller had ever given the impression he was a qualified solicitor. They added that changes to the law in 2008 meant that individuals who were not qualified solicitors were permitted to become partners in law firms.


In the Hertfordshire town of Letchworth, a woman called Petra told me how an NHS social worker called Margaret Falegan had brought Mr Hiller to her house during a professional visit.

Petra suffers from anxiety and had previously told Ms Falegan - whom she described as her mental health nurse - that she was having trouble with her bills.

She felt she was being put "very much" under pressure to grant Mr Hiller power of attorney, even though she felt uneasy about him.

The next day, she went to her local Citizens Advice Bureau and - with the help of the staff there - suspended the process.

A few weeks later, she received a letter from Mr Hiller. It read: "I've informed the mental health team, Stevenage, of your decision, as this may impact on the level of support they may have planned to provide you in the future."

Whatever Mr Hiller had meant by this, Petra read it as a threat. She told me she was still upset about the letter months later, and it had destroyed her trust in the mental health team.


I have heard of other cases where Margaret Falegan introduced Mr Hiller to potential clients in the course of her professional duties. In one, the appointment was made in spite of objections from the man's relatives that he had dementia and did not understand what he was signing.

When I approached Ms Falegan for a response, she denied putting pressure on her clients to sign with Mr Hiller. However, she did not say whether her employer, Hertfordshire Partnership University NHS Foundation Trust (HPUFT), knew that he had accompanied her on client visits.

In response to my findings, HPUFT said it had now launched an investigation into Ms Falegan, as well as other social workers who had introduced Ron Hiller to clients. The trust said it had also raised the matter with the appropriate professional bodies and the police.

"If an NHS or care worker is making introductions between their clients and potential attorneys that is very concerning," says consultant psychiatrist James Warner.

"If [elderly or vulnerable people] don't have the ability to decide who they want to appoint as their attorneys, they shouldn't be appointing attorneys."

Craybeck Law said that when a potential client was introduced to the firm, a qualified individual - usually a social worker - would have a discussion with that person, to ensure they had the mental capacity to make the decision to appoint the firm as their attorney.

They said this would take place without a Craybeck Law representative present.

It also said the firm had processes to ensure that no individual felt coerced into signing powers of attorney.

Wills

In several of the cases I looked at, Craybeck Law - and chiefly Ron Hiller - not only acted as attorney but also executor of clients' wills.

An executor is legally responsible for carrying out the instructions in a person's will and handling their estate.

However, in at least two cases, Mr Hiller seems to have ignored the instructions he was given. One client was surprised when I told her that the will he had drawn up for her split her estate between four charities - including one she had never heard of.

Another client told me he had not seen a copy of a will Mr Hiller had drawn up for him, and did not understand its contents.

Valerie in Borehamwood also appointed Mr Hiller as attorney and executor of her will. After she died in 2022, it emerged that her family had been left out of her will and her entire estate - estimated at about £220,000 - was left to a police charity.

Her brother and sister-in-law, John and Kaye, live in Australia and were not well-placed to challenge the will. The fact that family members were no longer beneficiaries also meant they were not entitled to any financial information.

"We couldn't see how much [Ron Hiller] was charging for probate or how much he charged every year for being her power of attorney," Kaye told me.

Ann Stanyer, a leading lawyer in this field, told me that if an attorney is also the executor of a will, there is much less scope for proper scrutiny: "They can both operate the powers of attorney during their lifetime and take fees through that, but they can then take big fees from the estate as well."


Craybeck Law said that the firm was governed by the Solicitors Regulation Authority's (SRA) rules and principles, including strict conduct and ethical guidelines that it upheld.

It said that much of what had been put to it was inaccurate and based on second- or third-hand hearsay and that it fully refuted the insinuations made about the way it supported its clients.

The SRA has now confirmed it is looking into allegations made in this article.

Moving on

Carole has now moved out of the care home in Rickmansworth, and into a small flat in Folkestone near her cousin Sandy.

She has the added work and expense of buying all the basics for her new home, because Ron Hiller disposed of all her furniture and most of her possessions.

However, she is happy to be making a fresh start.


Her story, and the others in this article, were only a few of those I heard about Ron Hiller. He has acted as attorney for scores of people - a fact that Ann Stanyer finds odd.

"You've got to run [LPA] properly and you can't possibly do that if you've got volumes of these things," she says. "I have four or five which are active and that's more than enough."

The Office of the Public Guardian doesn't appear to track when an attorney has an unusually large number of clients. A former senior judge at the Court of Protection, Denzil Lush, is concerned that the OPG is not designed to spot potential problems with the system.

For instance, if an attorney's powers are revoked by more than one of their clients, the OPG does not automatically look at why this is happening.

The issue has caught the attention of Parliament - a private members bill, which has gone to its second reading, proposes greater safeguards.

Many MPs feel it is an urgent problem because of the sheer numbers involved. More than eight million people in England and Wales have now registered an attorney to act for them.

The system was designed to protect elderly and vulnerable people, but the danger is that without better safeguards, it could be leaving them open to harm.

Full Article & Source:
Bank accounts locked and cash withdrawn after elderly gave power to law firm partner

Tuesday, December 17, 2024

Connecticut’s conservatorship system is failing those who need it most

by Chelsea Donaldson


I met Frank during the height of the COVID-19 lockdown, in early 2020. We could not meet in person, and so I had to perform a legal intake with him over the phone on the floor of my bathroom – the only room in my studio apartment that had a door so I could maintain privacy.  The phone call was brief and confusing, and the only thing he could tell me was that the military harmed him, and that he could remember his social security number.  He wanted me to represent him in a disability claim for service-connected compensation through the Department of Veterans Affairs.

Frank had schizophrenia. His type was severe. He suffered from hallucinations and delusions that were so all-encompassing that I sometimes wasn’t entirely sure whether or not he knew he was talking to me or to the voices in his head. He struggled with alcoholism and frequently called me from liquor stores – so often that I saved the phone numbers in my office line as “Frank – Liquor Store (New London)” or “Frank – Liquor Store (Banned)” so I knew what I was getting into when I picked up the phone. 

In order to represent Frank in his disability claim, I needed to get in touch with his conservator. It was a hard time – even attorney to attorney, getting forms signed on behalf of Frank was a lot of back and forth. Getting the conservator on the phone was next to impossible. It was my first encounter with the conservatorship system in Connecticut, and it was not a pleasant one. I often received messages that I considered disparaging against my client. In one message, the conservator’s office asked me, “Does he actually have a case? Is this even necessary?” I often felt that I was alone in believing Frank’s story that he was disabled as a result of his service.  

I won that case. Frank was thrilled. It was one of the few happy phone calls I had with him in our years-long attorney-client relationship. He could now afford rent and live in a stable housing situation. He could be comfortable instead of deciding which bridge to sleep under that night.

Eventually, Frank petitioned for a release of his conservatorship. He had never agreed with being conserved, and wanted full access to his money. His clinicians (doctors, nurses, social workers, and staff) strongly recommended against it. Frank struggled with an ongoing substance abuse problem. Liquor and cocaine were his drugs of choice. His clinicians had stabilized him. He was sober for the first time in months, but his sobriety was tentative. He was medication-compliant, but that did not stop his most severe symptoms from bubbling up in times of stress or excitement. Before the hearing, Frank had informed his clinicians that he had intended to divvy up money to his clones when he was released from his conservatorship. 

I attended the hearing, but did not formally testify. After all, I was Frank’s attorney for a very specific issue, and did not offer an opinion on whether or not he should be conserved. I only confirmed what was already in the record – that Frank had been deemed not able to manage his finances by the VA, that he had a service-connected disability of schizophrenia, and that I regularly worked with his clinicians in order to adequately communicate with Frank due to the severity of his psychosis.

The probate hearing ultimately resulted in Frank being released from his conservatorship. He had full access to his non-VA funds, immediately. The judge did not seem to take the concerns of his clinicians seriously, and neither did the conservator. Instead, the judge stated that conservatorship was “not the answer” for Frank, and that Frank needed to fail in order to learn how to manage his money. That he, in spite of every ounce of evidence to the contrary, did not need case management for his funds. That there were consequences for actions.

Within days, Frank called me, words slurred with alcohol. Within weeks, he had regularly blown through his non-VA funds on anything but his basic needs. Within six months, I received a call that Frank was found dead in his home. 

This situation is not unique. The conservatorship system in Connecticut is inherently flawed, but a solid solution at fixing it seems out of reach. Many court-appointed conservators have thousands of cases to manage and are paid minimally through the state. They serve an essential function – to manage people who have no other options. In my experience, the probate court is loath to hold these folks to the high standard that Connecticut law requires because, to be blunt, there is no one else to fill the gap.

The people who fall into the court-appointed conservatorship cycle, like Frank, meet a few set qualifications. They have no family to step up for them, or they are too poor to afford a private pay conservator. So they are appointed one by the court – and that court-appointed conservator often does not have the time or training to manage people who require proper case management like Frank. The only training “encouraged” by the state of Connecticut is a three-hour program concerning what a conservator is responsible for. For someone like Frank, who lived in a different reality than the rest of his circle, a three-hour training was not going to prepare someone to navigate the complexities of his situation.

Instead, people like Frank become a number in a system that is overburdened and woefully inadequate for individuals who require compassion, care, and dignity in the midst of mental crisis.

In a system where society’s most vulnerable requires the strength of character to defend them, Connecticut falls woefully short. As the Connecticut Legal Rights Project states: “Connecticut has a modern, even a model conservatorship statute, but it is too often ignored.”  Per the Standards of Practice for conservators, “The conservator shall limit the conservator’s caseload to a size that allows the conservator to support, protect and maintain ongoing contact with each conserved person.” 

In reality, this does not happen. 

In my experience, I voiced complaints and concerns for multiple conservatorships on behalf of my clients, but they have been ignored by the courts. On one occasion, I was told by the judge: “Where else do you want me to send your client?  Because it’s either this conservator or nothing.”  I have been told by attorneys who operate as court-appointed conservators that they have upwards of 1,500 clients through this system. I have been told by clients that they never speak to their actual conservator, but the paralegals in their office instead.  

The probate courts may be doing the best with the resources they are granted, but it is often not enough. Too many court-appointed conservators do not pay sufficient attention to their clients, who are desperate for assistance. For some, it may be because they are corrupt and do not care.  But for many, it is because they simply do not have the time to handle the hundreds to thousands of clientele the state assigns them for lack of a better place to go. 

The system failed Frank. He died far too young, a victim of a system that was supposed to protect him. He should be alive and enjoying his time off of the streets, making friends and getting healthy. Instead, I will no longer be answering phone calls or seeing him at the VA, but visiting a grave.

In memory of Frank, my client and friend. I treasured every single conversation I had with you. The system failed you, and I hope you are now at peace. 

Full Article & Source:
Connecticut’s conservatorship system is failing those who need it most

Monday, December 16, 2024

Burlington County nursing home with nation’s biggest fine for a safety violation this year faces Medicare and Medicaid crackdown

Story by Harold Brubaker

Sterling Manor Nursing Center, a Burlington County nursing home, received the nation’s biggest fine for patient safety violations this year and is now facing a federal and state crackdown. Regulators have threatened to terminate its participation in Medicare and Medicaid, the government insurance programs that pay for most nursing home care.

Federal regulators fined Sterling Manor $738,590 in connection with a January complaint inspection that uncovered multiple drug overdoses by residents. Separately, in July, Sterling Manor was fined an additional $266,450, but details on why were not immediately available.

The two fines gave Sterling Manor the highest total for financial penalties nationwide out of more than 2,300 nursing homes with fines from January through Oct. 2, an Inquirer review of federal records found.

The facility’s history of “serious quality issues” is reflected in a warning icon posted on a Medicare website that rates nursing homes on quality measures. Sterling has no rating currently.

Last month, about a month after state inspectors cited Sterling for another resident overdose, the federal Centers for Medicare and Medicaid notified Sterling that it would be terminated from the government-sponsored health insurance programs on Jan. 31, unless it produced an adequate improvement plan, according to a Dec. 6 letter from the New Jersey Department of Health.


Thursday the New Jersey Comptroller’s Medicaid Fraud Unit jumped in, announcing its intention to suspend Sterling Manor and a nursing home in Bridgeton, Cumberland County, from Medicaid in 60 days. It’s common for nursing homes to be sold or placed under alternative control under these circumstance, as happened to facilities in Deptford and Hammonton this year.

Both Sterling and South Jersey Extended Care in Bridgeton provided substandard care for years and engaged in a Medicaid fraud by siphoning money to a group of related companies that operated the facilities on behalf of an owner who had no real responsibility, the comptroller’s office said.

Sterling has 124 beds. The number of beds at South Jersey Extended Care is 167.

Investigation into a Bridgeton facility

At the same time as announcing its intention to suspend the two nursing homes and their operators from Medicaid, the comptroller’s office released a 70-page report painting a picture of how a web of related companies allegedly profited from their management of South Jersey Extended Care, which is owned on paper by a man named Mark Weisz.

The reality, according the comptroller, is that Weisz ceded all responsibility for the facilities’ operations to companies owned by his cousin, Michael Konig, and Konig’s brother-in-law, Steven Krausman. Those relationships were not disclosed on nursing home cost reports as required by law, allowing Konig and Krausman to charge inflated rates without exposure to state and federal scrutiny, according to the controller’s report.

“This investigation shows that Krausman and Konig’s broader business model was to funnel as much money as possible to themselves — from a dedicated, taxpayer-funded funding stream — to support their other business interests, while providing low-quality nursing home care,” the report said.

The scheme described by the comptroller has been documented for years throughout the industry by national media and academic studies.

When asked for comment, Peter Slocum, a lawyer for Konig, Krausman, and Weisz, provided copies of his responses to an advance copy of the comptroller’s report.

The report is “defamatory and wholly unsupportable,” he told the comptroller’s office in the Nov. 19 letter. He provided no further comment to The Inquirer.

A new management company, not included in the comptroller’s report, has operated the two facilities since August 2022.

Konig’s record

Konig has a checkered record in the nursing home industry. In the mid-1990s, Connecticut banned him from the business for five years, according to the Boston Globe, and later that decade Massachusetts banned him from operating nursing homes for 10 years. In both cases, authorities investigated Konig for Medicaid fraud and poor resident care.

Around that time, Konig set up alternative owners for the nursing home operated in New Jersey, including Weisz at South Jersey Extended Care and Sterling Manor. But his Broadway Healthcare Management continued providing extensive services to the facilities, including staffing them, according to the comptroller’s report.

Konig has a history of receiving reprimands from federal authorities.

A federal judge in 2015 ordered him to pay $636,410 in back wages and overtime to at least 150 direct-care staff who worked at 10 nursing homes throughout New Jersey.

The U.S. Third Circuit Court of Appeals in 1996 upheld a National Labor Relations Board decision ordering Konig to stop interfering with unionization efforts by licensed practical nurses at a Vineland nursing home he owned at the time.

Full Article & Source:
Burlington County nursing home with nation’s biggest fine for a safety violation this year faces Medicare and Medicaid crackdown