Wednesday, September 11, 2024

Venango County Woman Accused of Stealing Over $117,000 From Elderly Care-Dependent Woman

The victim’s checking account recorded 156 ATM withdrawals from October 2023 until July 2024 totaling $101,150.00.

by Jacob Deemer


VENANGO CO., Pa. (EYT)
— A Venango County woman was arrested on Friday after an investigation revealed she stole over $117,000.00 from an elderly care-dependent woman.

According to court records, the Franklin Police Department filed the following criminal charges against 53-year-old Kimberly S. Ace, of Franklin, in District Judge Sue Haggerty’s office on September 5: 

  • Financial Exploitation of Older Adult or Care Dependent Person, Felony 2
  • Theft By Failure To Make Required Disposition of Funds, Felony 2
  • Theft By Deception-False Impression, Felony 2
  • Misapply Entrusted/Government/Financial Institution Property, Misdemeanor 2

According to a criminal complaint, Franklin Police were assigned a case of a possible theft from a care-dependent person reported on July 17 by the Venango County Area Agency on Aging.

It was reported that a known bank issued a notification that large sums of money had been transferred from the victim’s account to another bank account. The bank listed Kimberly Ace as the Power of Attorney over the victim’s accounts. Bank representatives then provided the victim’s banking statements from October 2023 until present, where it was reported three large monetary transactions were made from the victim’s account to another bank account, the complaint states.

During the investigation, Franklin Police interviewed the victim and advised her of the incident.

The victim stated that she and Ace went to an attorney for help with Power of Attorney documents. She advised that she signed over Power of Attorney to Ace in May 2023, and Ace was authorized to pay her bills and buy her food; however, Ace was not authorized to take large sums of money from her bank accounts, according to the complaint.

Police did not observe any possessions or upgrades within the victim’s residence that would indicate the money removed from the victim’s bank accounts was made for the victim’s benefit. The victim denied receiving any new items or currency from Ace, the complaint notes.

While speaking with the victim, Ace entered the victim’s residence, asking if everything was okay. An officer told Ace that everything was fine, at which point Ace said that police were “probably there for her,” the complaint indicates.

Ace then told police she had “mishandled” some of the victim’s money and that she had already signed Power of Attorney back over to a known attorney, the complaint continues.

The known attorney confirmed to police that he currently has Power of Attorney as the victim signed it over to him. The attorney also provided police with a document showing Ace listed as Power of Attorney over the victim’s finances starting on May 12, 2023, the complaint states.

Search warrants for Ace and the victim’s bank accounts were granted. The warrants showed the victim’s checking account, opened in October 2023, recorded 156 ATM withdrawals from October 2023 until July 2024, totaling $101,150.00, the complaint indicates.

The victim’s money market account recorded eight withdrawals totaling $16,242.00 from October 2023 until December 2023 and were endorsed by “Kimberly Ace POA,” according to the complaint.

The total amount stolen is $117,392.00, the complaint notes.

Ace was arraigned at 1:45 p.m. on September 6 in front of District Judge Patrick Lowrey.

She was released on $5,000.00 unsecured bail.

A preliminary hearing is scheduled for September 25, at 10:30 a.m., in Venango County Central Court. 

Full Article & Source:
Venango County Woman Accused of Stealing Over $117,000 From Elderly Care-Dependent Woman

Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults


by Lee Voss

ST. CLOUD (WJON News) -- A Sartell man faces nine felony charges for allegedly defrauding four homeowners out of more than $200,000.

Forty-two-year-old Travis Peterlin is accused of stealing $200,236.01 from homeowners in Stearns, Sherburne, and Isanti counties. Some of the charges include exploiting vulnerable adults.

According to the charges, the thefts happened between the fall of 2022 and the summer of 2023 when Peterlin worked as an estimator for a local home improvement company.

The charges allege Peterlin would tell customers that the company wouldn't do specific work but that he could do it "on the side". He would then take down payments and fail to complete the work.

In one case, Peterlin is accused of convincing an Isanti County woman to loan him more than $50,000 to buy a pickup and trailer he never bought. He also allegedly collected checks worth thousands of dollars from the woman for work that was either never done or greatly exceeded what it should have cost. She told an investigator that she felt she was being overcharged but was too embarrassed to tell her children. The woman's power of attorney was not present during the transactions. Court records indicate the woman was swindled out of more than $143,000.

In a separate instance, a St. Cloud man allegedly lost more than $68,000. The man told authorities he did not remember writing the checks and wondered whether they were stolen from his bedroom. The charges allege the checks were all deposited into Peterlin's bank account.

In that case, Peterlin is also accused of coercing the man to write out a $15,000 check for a Habitat for Humanity home improvement grant application that doesn't exist.

The charges against Peterlin range from theft-by-swindle to check forgery to the financial exploitation of a vulnerable adult.

Peterlin has court appearances scheduled for October and November.

Court records show he was fired from the company in July of 2023 when the fraud was discovered.

Full Article & Source:
Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults

Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

From Staff Reports


CLARKSBURG, W.Va. (WV News) — A Clarksburg man is accused of stealing money from an elderly woman and then continuing to financially exploit her estate after her death, according to the criminal complaint against him.

William Kehrer, 52, is charged with embezzlement by a fiduciary and financial exploitation of an elderly person after allegedly taking more than $250,000 from the accounts of an 87-year-old woman who is now deceased.

Kehrer is alleged to have moved $266,266 from the 87-year-old victim’s account into his own.

Although Kehrer made “a good-faith effort” by writing a check for $13,930 for the woman’s care to the Clarksburg Nursing and Rehabilitation Center, he kept the remaining $252,336 in his own account, Clarksburg Police Detective A.C. Vernon alleges.

“The remainder of the money was misappropriated by being moved to the defendant’s account, without being used to assist (the victim),” Vernon said in the complaint.

Kehrer also is alleged to have embezzled nearly $20,000 from the woman’s estate following her death.

Kehrer, as the fiduciary of her estate, is alleged to have failed to produce for appraisement a 2007 Dodge Durango valued at $7,000 and a refund check from the Clarksburg Nursing and Rehabilitation Center in the amount of $11,542.

Kehrer also is alleged to have taken around $1,008.86 from the estate to “pay utility bills.”

If convicted on the embezzlement charge, Kehrer could face a prison sentence of not less than one nor more than five years, according to state code.

If convicted on the financial exploitation charge, he could face a fine of not more than $10,000 and prison sentence of not less than two nor more than 20 years.

Full Article & Source:
Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

Tuesday, September 10, 2024

Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’


by Alex Ebert

Attorneys advocating for indigent elderly and mentally-ill New Jerseyans warned the state high court that rules forcing them to pay for expert witnesses out of their own pockets make it difficult for them to protect their clients.

Without fee-shifting to pay attorneys opposing the state in conservatorship cases that they otherwise take pro bono, “the house is on fire,” said Brian C. Lundquist, the attorney for a man with disabilities—referred to has Hank—in a two-hour oral argument Monday.

The dispute centered around Hank’s case in which the state, and all courts, praised the work of his attorneys. Sussex County initially sought a “plenary guardianship” stripping Hank, injured in a car crash, of most of his legal, financial, and healthcare rights. Two lawyers assigned to the case by the trial court found that made no sense considering his relative independence, and they got the county to change its mind and provide a limited guardianship after hiring a rebuttal expert.

The case centers on the question of who pays for the essential attorney time and medical expertise spent saving the man’s liberties.

The trial and appeals courts agreed with Sussex County that it’s small adult protective services branch—with an operating budget under $100,000—shouldn’t be forced to pay for this and other cases. The county argued it needs its cash to protect its “most vulnerable” citizens and the communities in which they lived.

Lundquist, in an argument that was heated and led to frequent interruptions between him and the justices, said he couldn’t hide his emotion.

“An affirmance would be akin to the clearest message you can send to any counsel assigned to represent these individuals that under all circumstances you will not be paid, and that includes all expenses for experts,” he said. “Don’t send that message. The house is on fire, let’s not argue about picking up the hose.”

Government Immunity

Under New Jersey law state and county protective services staff are tasked with evaluating those who potentially pose a danger to themselves or others with the help of hired experts to evaluate the capabilities of “allegedly incapacitated individuals.” Where possible the process leads to consent to government services ranging from housing to medicine.

However, sometimes a person’s capacity indicates they can’t consent and cases must be opened. Courts here assign attorneys to represent clients—often indigent—to ensure process is followed and citizens keep their rights where appropriate, but it doesn’t always pay for those experts or the lawyers’ time.

The courts should only charge the state shifted-fees if there are damages involving malfeasance on the part of the government, William G. Johnson, Sussex County’s attorney said. Otherwise, there would be an incentive for the system to break down, and for opposing attorneys to prolong litigation to seek higher fees.

The New Jersey Attorney General, which came in supporting the county, agreed with Johnson. They both said that fees, and maybe even expert witness fees, should be the responsibility of pro bono counsel.

“I’m sympathetic, but that’s what we should expect members of the bar to do,” Johnson said. “Because we’re a dedicated profession, we’re called upon to do these things.”

Rules, Statute Interplay

All of the justices wrestled with the lack of a statute on-point regarding the fees at issue. In other contexts, like public defense of criminal defendants, there’s a pathway for payment of essential expert reports for pro bono counsel.

Deputy Attorney General Stephen J. Solcum tried to move the judges to a standard somewhat in between Lundquist and Johnson.

He said that allegedly incapacitated persons’ counsel should be able to apply, in advance, for the court to get an expert to rebut the state. Then the court could later use its discretion to potentially split the fee between the litigants.

However, upon pressing by the judges, he agreed that logically that process doesn’t align with the state’s statute that provides broad immunity to the state and a guardianship court rule that allows courts to grant potential fee shifts with their discretion.

Lundquist said trying to square those two legal sources was “impossible game of ‘go fish.’” Instead, he would just leave the matter up to the trial court, granting judges wide discretion to pay for experts and award attorneys that go the extra mile for clients.

Otherwise, he said, New Jersey should expect counties to always seek plenary guardianships. Government workers don’t want to be blamed if people they’re overseeing “get out of an apartment and get hit by a car crossing the street.”

Because of that incentive, he said, the state will default to more protection than may be needed, and their experts need to be rebutted because they’re preferences align with the state.

“You know the thing about experts,” Lundquist said. “I can get you whatever opinion you want if you pay the right price.”

The case is In the Matter of A.D., an Allegedly Incapacitated Person, N.J., No. A-30-23, 9/9/24.

Full Article & Source:
Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’

Monday, September 9, 2024

Joplin woman accused of exploiting elderly, blind woman heads to trial

by: Bobbie Pottorff

JOPLIN, Mo. — A Joplin woman accused of stealing large sums of money from an elderly, blind woman will go to trial.

Tammy Tripp, 51, waived her preliminary hearing on Thursday and was bound over for trial.

Tammy Tripp, 51

Prosecutors charged Tripp with financial exploitation of an elderly disabled person back in June.

Tripp is accused of stealing nearly $717,000 from the elderly woman’s bank and retirement accounts.

An investigator for the Missouri Department of Health and Senior Services says once the elderly woman’s family learned about the possible fraud, Tripp and her husband removed the woman from an assisted living facility and hid her at a camper park in Oklahoma.

Authorities say Tripp also allowed her daughter to access the elderly woman’s bank account and get $93,000 to purchase a house.

Tripp is still sitting in the Jasper County Jail on a $50,000 dollar cash-only bond.

Full Article & Source:
Joplin woman accused of exploiting elderly, blind woman heads to trial

Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures


By Zahida Siddiqi

The sale of 15 bankrupt nursing homes in Pennsylvania might be under jeopardy, putting more residents in the state at risk of being displaced.

The sale is part of a financial reorganization plan of the nursing homes’ former owner South Hills Operations, a New York-based nursing home operator currently undergoing Chapter 11 bankruptcy. South Hills filed for voluntary protection from creditors May 17 under Chapter 11 of the U.S. Bankruptcy Code.

On Wednesday, the U.S. Department of Justice (DOJ) entered a $35.8 million judgment against South Hills Operations in Pittsburgh’s bankruptcy court, emphasizing South Hills was “jointly and severally liable” for underpaying its workers. A judge ruled earlier that South Hills Operations had “acted with malicious self-interest” in underpaying wages for 5,595 nursing home employees over a period of many years.

The nursing homes that could be impacted are located across seven counties in Western Pennsylvania. Together, these 15 for-profit nursing homes have a combined capacity of 2,046 patients.

The latest judgment follows a court ruling in July, in which four nursing homes in the Pittsburgh area that were part of the South Hills restructuring plan, succeeded in avoiding closure after an agreement was reached to sell the properties to New York-based WeCare Center. 

The court eventually approved the sale of the four nursing homes to WeCare, which operates 10 facilities between the two states, with the condition that these facilities be sold “free and clear of all liens, claims, encumbrances, and interests.” The sale, initially slated for completion on July 15, faced potential collapse if not finalized. The bankruptcy court is scheduled to hold a hearing next week to address the sale of the nursing homes, according to an article in the Pittsburgh Post Gazette.

If the government’s claim is upheld, the other facilities will also be impacted. 

This news comes amid a spate of closures and bankruptcies in Pennsylvania. Residents at Mountain View Care and Rehabilitation Center were relocated after its closure. Also, LaVie Care Centers, which has 9 facilities in the state, filed for Chap. 11 in spring. And last month, Guardian Healthcare, another long-term care provider based in the state, also sought Chapter 11 protection, affecting 19 nursing homes, pharmacies, and related businesses in Pennsylvania and West Virginia.

Full Article & Source:
Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures

Woman sought for exploiting elderly person arrested

By Cesar G. Rodriguez

A woman wanted for exploitation of an elderly person has been arrested, according to the Webb County Sheriff’s Office.

Authorities said on Friday that Norma Lisa Gonzalez was arrested in Kleberg County and served with a warrant charging her with exploitation of a child, elderly individual or special needs person, a third degree felony.

“I thank the community for all your help in capturing the suspect. Exploitation of our senior citizens will not be tolerated," said Sheriff Martin Cuellar in a statement.

"Elderly abuse and exploitation is one of the most heinous crimes and we must all do everything in our part to ensure that perpetrators are brought to justice."

Cuellar encourages the community to report suspicious activity at (956) 415-BUST (2878) or (956) 523-4408. Information leading to an arrest may be eligible for a cash reward.

Full Article & Source:
Woman sought for exploiting elderly person arrested

Sunday, September 8, 2024

Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs

by Kara Berg

An Oakland County Probate Court judge who was removed from her docket last week for "unprofessional conduct" made a series of comments about Black people and used gay slurs, including at least two against Oakland County Executive Dave Coulter, before her removal, according to audio recordings obtained by The Detroit News.

The six recordings were verified Thursday by Coulter's office and Oakland County Board of Commissioners Chairman David Woodward as being the voice of Probate Court Judge Kathleen Ryan. They include graphic statements about Coulter, who is gay, and refer to Black people in the United States as "lazy."

The recordings are now connected to a state judicial misconduct investigation into Ryan, Coulter spokesman Bill Mullan said Thursday. Ryan, who was removed from her docket on Aug. 27, will remain on leave by order of the chief Oakland County Probate Court judge pending the outcome of a Judicial Tenure Commission investigation, Mullan said.

It's unclear when the recordings, which altogether last roughly a minute, were made or if Ryan consented to be recorded.

Ryan did not respond Thursday night for comment, and her attorneys couldn't be immediately reached.


Probate Court Administrator Edward Hutton declined to comment on Ryan's removal but told WXYZ-TV (Channel 7) for a story published Thursday that he is the one who recorded the audio of the judge and submitted a sexual harassment complaint against Ryan. He also said he sent the recordings to Michigan Supreme Court Chief Justice Elizabeth Clement, Coulter and other public officials on Aug. 22, months after he sent Oakland County Chief Probate Judge Linda Hallmark a notice of sexual harassment and nothing happened.

“I just want to make it right,” Hutton told WXYZ. “I haven't filed a lawsuit. I'm not looking for a payday. I want to keep my job and do it in peace. And I want the people in Oakland County that come to court to get a fair shake, to have their day in court, to have an unbiased trier of fact."

Hallmark said when Hutton reported the sexual harassment to her in May, she immediately contacted the State Court Administrator’s Office and the county. He did not give her any of the recordings until last week, she said, when she removed Ryan from her docket. She said Hutton sent the recordings out without her knowledge. 

“As soon as I heard recordings, I took immediate action,” Hallmark said. 

She declined to comment on the recordings other than noting they were “obviously troubling.” 

In the recordings, Ryan can be heard calling Coulter a gay slur and telling him to "put that in your f------ a-- and stuff it." She said Coulter was "more concerned about the f------ AIDS vaccinations."

The recordings were short and did not give any context for the rest of the conversation. It is unclear where or when they were recorded.

Ryan is heard in the audio saying that "as far as I’m concerned, (Coulter's) a skinny White girl."

Ryan also made a comment about how Black people from countries other than the U.S. are better and that "if you're an American Black person, then you’re a f------ lazy piece of shit."

"Like I said before, I was not racist before. I f------ h---, I am now," Ryan said. "I really f----- am now. I can honestly say that. OK, I’m not systemically racist, I’m a new racist. I never was, but now I am because you're shoving this s--- down my throat, making allegations that you don’t know s--- about. You’re telling me who I am and you’ve never f------ met me."

The probate judge also said another person is a "fucking c---sucker. He’s just a dick. I have no use for him."

“There is absolutely no place for harassment of any kind or for racist or homophobic language by anyone at Oakland County, especially by someone the public must be confident will act fairly and impartially," Coulter said in a statement. "The alleged conduct and abhorrent comments made by Judge Ryan merited her removal from the Probate Court docket pending further investigation. I have confidence that the agencies reviewing this matter will treat it with the seriousness it deserves and will take further action if warranted.”

Woodward, the board chairman, said if what Ryan said on the recording is true, she "needs to do the right thing and save the people of Oakland County the embarrassment and resign immediately."

"I can't express enough the disappointment and disgust I felt after hearing (the recordings)," Woodward said. "Bottom line, this type of hate speech dishonors the black robe, corrupts blind justice, and costs a loss of public trust in our judicial system."

Judicial Tenure Commission Executive Director Lynn Hellend has declined to confirm if there was an investigation into Ryan. The commission handles investigations into judicial misconduct on or off the bench, and most cases are handled confidentially within the commission. It is rare for judges to be removed in general, especially before their case is adjudicated.

Ryan does not have any previous public Judicial Tenure Commission complaints, according to the JTC website.

Ryan has been on the bench in Oakland County since 2010. She ran unopposed in 2022 and is next up for election in 2028.

Ryan was charged with misdemeanor domestic violence in 2021, but the case was dismissed in March 2022. The Oakland County Prosecutor's Office did not respond for comment on why the case was dismissed.

Full Article & Source:
Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs 

See Also:
Oakland Co. probate judge removed from docket pending misconduct investigation

Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

Jason Penrod is charged with first-degree felony grand theft of over $100K

By Greg Wehner 

A Polk County, Florida, attorney was arrested for stealing nearly $2 million from a trust set up for a Pennsylvania brother and sister by their now-deceased father.

Polk County Sheriff Grady Judd said during a press conference on Thursday afternoon that 47-year-old Jason Penrod of Family Elder Law has been arrested and charged with first-degree felony grand theft of over $100,000.

Judd said that his office had received complaints on July 25 and July 29 about Penrod that are still under investigation and pending the return of bank records.

But on Aug. 2, a complaint was filed with the Pennsylvania State Police, accusing Penrod of ripping off a brother and a sister who had a trust from their now-deceased father.


Judd said that Penrod had flown to Pennsylvania to look the trustees in the eye and say, "I took your money. Not only did I take your money, I took $1.7 million. I wiped out the trust. But I’m going to pay it back."

The sheriff also said Penrod told the siblings he had a gambling addiction and gambled the money away at the Seminole Hard Rock Casino in Tampa.

After Penrod blamed the loss of money on his gambling addiction, he then said he would pay it back with interest like a "short-term-loan," Judd said.


The suspect also allegedly provided a litany of excuses, Judd explained, saying that he had repressed memories, post-traumatic stress disorder (PTSD), trauma, numbness and stress.

When Penrod returned, he allegedly checked himself into a facility to be treated for his gambling addiction, and as the investigation continued, Judd’s investigators learned that there were at least two more victims, bringing the number of victims to four, and the total loss to about $4 million.

Judd said Penrod had agreed to give up his law license before refiling so he can make the money to pay it back.


"This guy’s delusional, among all of his other excuses," Judd said.

The sheriff said his investigators and the state’s attorney are going to do what they can to send Penrod to prison "for a very long time."

The one crime he has been charged with so far, grand theft of over $100,000, carries a maximum prison sentence of 30 years.

Adding to the number of excuses Penrod allegedly gave for draining the account, Judd said the suspect considered suing the Hard Rock for letting him gamble there.

"Now, you tell me that this guy doesn’t have a hitch in his giddy up," Judd said. "He’s got about five brain cells, and three of them he left in the Hard Rock. And now, he’s locked up and going to prison. That’s our goal."


Judd provided additional details about the alleged swindles that Penrod is accused of conducting.

One of the victims is a 93-year-old woman whose husband and two sons died. One of the sons had left his mother a trust to help take care of her. That money is now at the Hard Rock, according to Judd.

"Jason stole the money, and by his own confession, he was spending the money at the Hard Rock," the sheriff said. "Now he’s trying to hide behind mental illness. He’s not mentally ill. He’s a thief. He’s an absolute thief."

Judd said the investigation into Penrod is underway, and it is unknown how many other cases or victims there may be.

He also said there may be people who lost money and do not even know they lost the money because they get paid out only once or twice a year.

Still, Judd alleges that Penrod stole millions of dollars.

"The worst kind of criminal is the one that hides behind a coat and a tie and steals money with a law license or a professional license of any kind," Judd said. "So, at the end of the day, Jason, you’re not going to have a royal flush, but you have a jailhouse flush that’s guaranteed from us."

Full Article & Source:
Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

'Hero Dog' saves owner from danger during intense Monsoon storm

She says he never barks, but when severe weather caused major damage outside of her building, her dog did something he normally never does.

Source:
'Hero Dog' saves owner from danger during intense Monsoon storm

Saturday, September 7, 2024

Ohio Supreme Court reprimands judge for Facebook posts relating to guardianship case


By Bernise Carolino

The Supreme Court of Ohio has publicly reprimanded a judge for professional misconduct in connection with social media posts relating to a pending guardianship case. These statements were found inaccurate, inappropriate, and inflammatory.

A judge of the Hamilton County Court of Common Pleas, Probate Division was implicated in the handling of a guardianship and conservatorship case that predated his tenure. This case involved an 83-year-old widow who had three adult children.

In 2014, the court deemed the widow incompetent, terminated the conservatorship, and appointed the attorney who had served as her conservator as her guardian. In 2015, the court appointed another attorney as successor guardian. Over the years, two of the widow’s children raised numerous complaints about the appointed guardian and the guardianship process in general.

In January 2019, a reporter inquired about the guardianship case. The judge authorized an assistant court administrator under his supervision to respond to public inquiries. The administrator informed the reporter that the widow had been removed from her home due to “a squalid, unsafe living environment” and that her son “was not properly caring for her.”

In October 2022, the widow’s son posted on the court’s Facebook page a comment criticizing a magistrate involved in the case. The judge’s response to this comment accused the son of failing to take care of his mother and letting her live in deplorable conditions. The judge’s response also claimed that a neighbour called senior services and that the widow was a victim of elder abuse.

The record of the guardianship case showed that the actual reason for the widow’s relocation to an assisted living facility was her guardian’s belief that she would benefit from better supervision and the activities available there.

Judge reprimanded

At the disciplinary proceeding, the judge stipulated that his and the assistant court administrator’s statements were misleading, inaccurate, and unsupported by the case record. He also admitted that he failed to refresh his memory about the facts of the case before making the replies on social media.

In Ohio State Bar Association v. Winkler, the Ohio Supreme Court accepted the recommendation by the Board of Professional Conduct to publicly reprimand the judge.

The board found clear and convincing evidence that the judge violated numerous provisions of the Ohio Code of Judicial Conduct. These violations included making public statements that could impact the outcome or the fairness of pending matters and failing to promote public confidence in the judiciary's independence, integrity, and impartiality.

The board deemed the judge’s multiple offences, as well as the vulnerability of the victims and the harm caused by the misconduct, to be aggravating factors.

The board also accepted the presence of mitigating factors, including the judge’s previously clean disciplinary record, evidence supporting his good character and reputation, his cooperation during the disciplinary process, and his prompt actions in removing the Facebook posts. The board noted that the judge acknowledged his misconduct and apologized to the son.

Full Article & Source:
Ohio Supreme Court reprimands judge for Facebook posts relating to guardianship case

Jason Neufeld, Esq. Appointed Co-Chair of the Elder Law Practice Section


On behalf of President Aaron J. Horowitz, the Broward County Bar Association (BCBA) is delighted to announce the appointment of Attorney Jason Neufeld to the position of Co-Chair of the Elder Law Practice Section. This esteemed appointment is effective from July 1, 2024, to June 30, 2025.

Miami, FL (PRUnderground) September 5th, 2024

Serving as Co-Chair is a prestigious honor that recognizes Jason Neufeld, Esq. as a leader within the Broward legal community. In this pivotal role, Jason will collaborate closely with BCBA staff, judges, and community and business leaders to enhance knowledge and professionalism in elder law.

“Jason Neufeld has demonstrated exceptional dedication and expertise in the field of elder law,” said President Aaron J. Horowitz. “Their appointment as Co-Chair reflects their leadership and commitment to advancing our legal community. We are confident that Jason will excel in this role and contribute significantly to our mission.”

As Co-Chair, Jason Neufeld, Esq. of Elder Needs Law in Aventura, FL, will lead a dynamic and active section, working to provide crucial services to the Bar Association, the practice of law, and the community at large via the section’s pro bono activities. This role offers a fulfilling opportunity to drive positive change and foster professional development within the field.

We extend our heartfelt congratulations to Jason Neufeld, Esq. and express our gratitude for their leadership and service to the BCBA and the broader legal community.

About the Broward County Bar Association (BCBA)

The BCBA is dedicated to supporting legal professionals in Broward County through education, advocacy, and community engagement. Our mission is to promote excellence in the legal profession and enhance the delivery of legal services to the community.

About Elder Needs Law

Elder Needs Law, PLLC is a Florida law firm specializing in the unique legal needs of elders. Medicaid planning, estate planning, guardianship, probate, elder law, and asset protection are some of the main areas in which Elder Needs Law can assist their clients. For more information on how they can help you or your loved ones, you can visit their website.

Source:
Jason Neufeld, Esq. Appointed Co-Chair of the Elder Law Practice Section

Friday, September 6, 2024

Judge Orders Guardianship Firm to Return Thousands It Took From an Elderly Woman for Services It Never Provided

New York Guardianship Services had billed Judith Zbiegniewicz $450 a month for court-ordered care, but a judge found the company provided “minimal services, if any” for years, including at the height of the coronavirus pandemic.

A New York judge has ordered one of the city’s most prominent guardianship companies to return thousands of dollars to an elderly woman for the court-mandated care and oversight it failed to provide her.

Supreme Court Justice Lee Mayersohn wrote in an Aug. 8 decision that the company, New York Guardianship Services, billed Judith Zbiegniewicz monthly but provided “minimal services, if any” for years, including at the height of the coronavirus pandemic.

During that time, Zbiegniewicz, who was living under guardianship for depression and anxiety, said she and her husband spent a night on the streets, moved into a city shelter and finally found affordable housing on their own.

Zbiegniewicz and her decade-long journey through the state’s broken guardianship system were the subject of a ProPublica investigation earlier this year. The reporting showed how that system, which is plagued by chronic delays, lax regulation and minimal oversight, has failed to protect thousands of aging and sick New Yorkers who judges have declared incapable of managing their own affairs.

The people most affected are poor wards like Zbiegniewicz who have no friends or family willing to look after them — a group dubbed “the unbefriended” in industry parlance. To care for this group, the city relies on a network of nonprofits. New York Guardianship Services represented itself as one such group and was assigned by the court to be Zbiegniewicz’s guardian.

Despite its representations, NYGS, which serves hundreds of wards, is not actually registered as a nonprofit with state and federal authorities, ProPublica found.

For roughly a decade, the company paid itself from Zbiegniewicz’s bank account, even as she complained about deteriorating living conditions. The problems that she described — living with bedbugs, rats and no heat — persisted for years, and NYGS did little or nothing to fix them while it collected monthly stipends from her limited funds. She said that she eventually tried to reach Mayersohn to flag the neglect and hold NYGS accountable but that her attempts were unsuccessful. The judge’s secretary, she said, simply referred her calls back to the guardianship company.

That changed in June though, after Zbiegniewicz attended a hearing to formally dispute NYGS’ accounting — protests she had previously articulated in a letter to the judge. During a court appearance, she complained to Mayersohn about her time as a ward of NYGS. She said she told him that there was “no excuse for what they put me through.”

Mayersohn’s decision, informed by that hearing, requires the company to return $5,400 to Zbiegniewicz for some of the fees it took between January 2019 and July 2022, a stretch in which she effectively lived on her own outside the guardianship.

The order separately requires the bank that owned the rat-and-bedbug-infested Queens home where NYGS placed Zbiegniewicz to honor a prior housing court settlement, which it has yet to pay. Under the deal, the bank owes Zbiegniewicz $5,000. If it doesn’t pay, she can seek to reclaim the money in court, though Zbiegniewicz said she was skeptical that the effort and cost of doing so would be worth it. An attorney for the bank didn’t respond to a message seeking comment.

In an interview, Zbiegniewicz said that she was pleased with the ruling, but that she was more happy that Mayersohn finally heard directly from her. She also said that she wanted NYGS to be held to account for its actions.

“I got some kind of justice, but the justice would be if they would be taken out of guardianships completely because they do not do anything for the people,” she said.

As part of its reporting, ProPublica identified more than a dozen cases like Zbiegniewicz’s in which NYGS failed to meet the needs of those entrusted to its care. In one case, a woman who’d had two strokes was placed in a nursing home where she was left to sit in soiled diapers, a family member said. In another case, the company continued to collect payments for a man’s care even after he left the country and later died.

Brothers Sam and David Blau, who run NYGS, and a lawyer for the group did not respond to an email seeking comment on the judge’s decision. In response to ProPublica’s previous reporting, Sam Blau, the group’s chief financial officer, said that “we are accountable to the Court” and emphasized that the group’s financial paperwork was scrutinized by examiners who had the power to raise issues. He called the reporting “misguided, without full and proper context, filled with omissions and less than accurate information” but wouldn’t specify what his concerns were when asked. He declined to comment on any specific cases.

Zbiegniewicz credited ProPublica’s investigation for the judge’s action in her case — an uncommon occurrence in New York’s troubled guardianship system. But she also noted it took years of sustained protest on her part, a level of persistence that many ailing and elderly New Yorkers in guardianship cannot manage.

“I’ve done what I could, I feel good about it, the judge heard, you wrote things,” she said. “Maybe somebody will see and maybe somewhere, down the line, somebody will do something about it.”

Full Article & Source:
Judge Orders Guardianship Firm to Return Thousands It Took From an Elderly Woman for Services It Never Provided

Family: Relative's decomposing body found in nursing home closet


By WPTV - Staff

A family believes a body found in a South Florida nursing home's closet is a 71-year-old man who went missing from the facility nearly two weeks earlier.

The family of Elin Etienne believes it was his decomposing body that was found Monday in a closet at the North Dade Nursing & Rehabilitation Center, 11 days after he went missing. He had been a patient at the facility after suffering a brain aneurysm earlier in August, the family said.

North Miami Police issued a missing person alert for him Aug. 23, a day after he disappeared.


Ruth Keisha Etienne, his granddaughter, told WTVJ-TV that nursing home administrators never notified them a body had been found. She said an anonymous caller told them, so they contacted administrators.

"They said they found him in a closet and he was already decomposing, and they refused to let us see the body," Etienne told the station. "And we tried to speak to the nursing home people, but they refused to speak to us. They don’t want to talk to us. I wonder why?"

The nursing home declined to comment Wednesday. The Miami-Dade County Medical Examiner's Office said Wednesday that the body still had not been identified. Police said they are conducting a death investigation.

State nursing home regulators did not immediately return a call Wednesday seeking comment.

Full Article & Source:
Family: Relative's decomposing body found in nursing home closet

Thursday, September 5, 2024

96-year-old California woman facing eviction from seniors home unless she coughs up $110K to new owners: ‘I’m not going’

By Richard Pollina

A 96-year-old California woman was served a three-day eviction notice from her senior living home demanding she cough up $110,000 or leave the unit she’s been living in for 22 years.

Jean Jacques says she signed a lifetime contract with California-Nevada Methodist Homes in 2002 to live at their Forest Hill Manor nursing home in Pacific Grove, Calif., for the rest of her life, according to KSBW.

She secured her spot with a $250,000 down payment and paid $5,000 monthly rent until her savings ran dry.

Jean Jacques says she signed a lifetime contract with California-Nevada Methodist Homes in 2002 to live at their nursing home for the rest of her life.
Jean Jacques says she signed a lifetime contract with California-Nevada Methodist Homes in 2002 to live at their nursing home for the rest of her life. KSBW 8

Things became complicated when California-Nevada Methodist Homes went bankrupt and sold the facility to Pacific Grove Senior Living in 2022.

The for-profit senior living community purchased the property with the clause that it would abide by previous contracts of the tenants who signed lifetime deals, an expectation Jacques thought would be honored.

However, Pacifica Senior Living, the San Diego-based parent company of Pacific Grove Senior Living, served the 96-year-old with the eviction notice on Aug. 16, saying she had three days to send it $110,000 or face eviction.

“I was shocked,” the full-of-life senior shared. “The reason I moved into Forest Hill Manor was to be taken care of for the rest of my life.”

Jacques and senior advocates discovered her previous contract was grandfathered in, but the policies ensuring she could live in her unit until she died were not.

California-Nevada Methodist Homes went bankrupt and sold the facility to Pacific Grove Senior Living in 2022.
California-Nevada Methodist Homes went bankrupt and sold the facility to Pacific Grove Senior Living in 2022. KSBW 8

“She’s devoted all of her savings and money into this place,” the president of Pacific Grove Senior Living’s residents’ association, Bob Sadler, told KSBW. “I don’t care what the legal ramifications are here. This is morally unthinkable.”

Sadler told the outlet that the “lifetime care” contracts like Jacques signed in 2002 were only considered unconditional with the previous owners, not Pacific Senior Living.

However, a project manager with the Alliance for Aging, Elizabeth Campos, told the outlet that the eviction notice was allegedly not approved by the Community Care Licensing Division, the California government agency that oversees these facilities.

the "lifetime care" contracts like Jacques signed in 2002 were only considered unconditional with the previous owners, not Pacifica Senior Living.
The “lifetime care” contracts like Jacques signed in 2002 were only considered unconditional with the previous owners, not Pacific Senior Living. KSBW 8
Pacifica Senior Living, the San Diago-based parent company of Pacific Grove Senior Living, served the 96-year-old with the eviction notice on Aug. 16, saying she had three days to send them $110K or face eviction.
Pacific Senior Living, the San Diego-based parent company of Pacific Grove Senior Living, served the 96-year-old with the eviction notice on Aug. 16, saying she had three days to send them $110,000 or face eviction. KSBW 8

Furthermore, the notice did not instruct Jacques on how to appeal the eviction, Campos claims.

“You know, it’s frustrating. You do get angry knowing that it’s an elderly person,” Campos told the outlet. “Where is this person going to go?”

Campos and others are fighting for Pacific Senior Living to do the right thing and uphold the original contract so Jacques can stay in the unit she has called home for the past 22 years.

Jacques and senior advocates discovered her previous contract was grandfathered in, but her policies ensuring she could live in her unit until she died were not.
Jacques and senior advocates discovered her previous contract was grandfathered in, but the policies ensuring she could live in her unit until she died were not. KSBW 8

Since receiving the eviction notice, the facility’s business office has not contacted Jacques.

The Alliance for Aging and the Residents’ Committee have attempted to contact the office but have yet to receive a reply, according to KSBW.

The Post has reached out to Pacific Grove Senior Living for comment.

Jacques, who turned 96 in July, says she has no plans to leave her home.

“I’m not going. They’ll have to bury me because I have no place to go,” she declared to KSBW. “They have all my money.”

Full Article & Source:
96-year-old California woman facing eviction from seniors home unless she coughs up $110K to new owners: ‘I’m not going’

World’s oldest man born in the year of Titanic disaster shares long life secret

by Ellie Ng 


John Tinniswood, the world’s oldest living man, has turned 112 at his care home in Southport, Merseyside.

Mr Tinniswood was born in Liverpool on August 26 1912, the year the Titanic sank, and became the world’s oldest living man in April, saying the secret of his longevity is “just luck”.

Asked how he feels to be turning 112, he told the Guinness World Records (GWR): “In all honesty, no different. I don’t feel that age, I don’t get excited over it. That’s probably why I’ve reached it.

“I just take it in my stride like anything else, why I’ve lived that long I have no idea at all.

“I can’t think of any special secrets I have. I was quite active as a youngster, I did a lot of walking. Whether that had something to do with it, I don’t know. But to me, I’m no different [to anyone]. No different at all.”

On what the biggest difference in the world is over the course of his life, he said: “It’s no better in my opinion, or hardly any better, than it was then. Probably in some places it is, but in other places it’s worse.”

On the secret of his longevity, he told GWR it’s “just luck.”

“You either live long or you live short, and you can’t do much about it,” he added.

Beyond eating a portion of battered fish and chips every Friday, Mr Tinniswood said he does not follow any particular diet.

“I eat what they give me and so does everybody else. I don’t have a special diet,” he said.

Mr Tinniswood lived through both world wars and is the world’s oldest surviving male Second World War veteran. He worked in an administrative role for the Army Pay Corps.

Mr Tinniswood said he doesn’t follow any special diet, but eats a portion of battered fish and chips every Friday
Mr Tinniswood said he doesn’t follow any special diet, but eats a portion of battered fish and chips every Friday (Guinness World Records/PA Wire)

In addition to accounts and auditing, his work involved logistical tasks such as locating stranded soldiers and organising food supplies.

He went on to work as an accountant for Shell and BP before retiring in 1972.

A lifelong Liverpool FC fan, Mr Tinniswood was born just 20 years after the club was founded in 1892, and has lived through all eight of his club’s FA Cup wins and 17 of their 19 league title wins.

Mr Tinniswood met his wife, Blodwen, at a dance in Liverpool, and the couple enjoyed 44 years together before Blodwen died in 1986.

Their daughter Susan was born in 1943.

Since turning 100 in 2012, he received a birthday card each year from the late Queen Elizabeth, who was his junior by almost 14 years.

The oldest man ever was Jiroemon Kimura from Japan, who lived to the age of 116 years 54 days and died in 2013.

The world’s oldest living woman, and oldest living person, is Japan’s 116-year-old Tomiko Itooka.

Full Article & Source:
World’s oldest man born in the year of Titanic disaster shares long life secret

Tuesday, September 3, 2024

Medical care driver charged with multiple sexual assaults on 88-year-old

The man, who regularly drove the woman to an elder care facility, was captured on surveillance video committing the assaults, the district attorney's office said.

Source:
Medical care driver charged with multiple sexual assaults on 88-year-old

Asking Eric: Elderly man dumped in assisted living by his young wife needs help from his estranged kids


By  R. Eric Thomas 

DEAR ERIC: I had a very close relationship with my father, until he remarried in my mid-20s. When he remarried, he told my brother and me that we would be excluded from his trust. He stated that he had raised us and was done with any financial support.

Since then, we have had a superficial relationship at times, and a conflicted one at others. His wife has manipulated him and alienated him from all extended family members over the course of the last couple of decades.

He is now 82, in poor health and has been dumped in an assisted living facility by his much younger wife. He expects me to assist him with many tasks, such as transportation to medical appointments. I live an hour away, and still have my own children at home to care for.

My resentment prevents me from having any desire to help him. How do I make peace with setting boundaries to protect myself, and deal with the guilt tripping that comes with it? How do I let my resentments go, so that when he passes, I will be at peace?

– Taken for Granted

DEAR GRANTED: Often guilt trips are the last resort of a person who refuses to take responsibility for their own actions or wants. Remember that this is someone who isn’t communicating with you fairly or clearly.

That doesn’t have to be your inheritance, though.

Now is the time to have an honest conversation about how your relationship changed, how it affected you, and what you’re doing in the present to protect yourself.

He may never be ready for this conversation. But you need to say your peace, unapologetically hold your boundaries and ask your questions while you have the chance.

You can’t change the past – the way that your relationship deteriorated, your feelings about the trust, the trouble with his wife. You also can’t change him – his expectations, any cruelty or coldness.

Furthermore, it’s not your responsibility to untangle messes he’s made. Where is his wife? What’s become of the trust? It’s possible he’s a victim of financial elder abuse. There are resources for him, the Department of Health and Human Services’ Eldercare Locator, (800-677-1116). You can point him in the direction of a solution, while maintaining your boundary.

Full Article & Source:
Asking Eric: Elderly man dumped in assisted living by his young wife needs help from his estranged kids

Daughter accused of causing elderly mother’s death must undergo “mental health treatment”

A 59-year-old woman accused of neglecting her mother, leading to her death, will undergo mental health treatment to see if she is able to stand before a jury of her peers.

Source:
Daughter accused of causing elderly mother’s death must undergo “mental health treatment”

Monday, September 2, 2024

Elderly Care Facility Accused of Neglect Leading to Resident's Death


By Northern California Record

A tragic case of alleged elder abuse and neglect has been brought to light with a recent court filing. On August 19, 2024, Mehrzad Attar filed a complaint in the Superior Court of California, County of Santa Clara, against Atria Sunnyvale and several associated entities and individuals. The lawsuit accuses the defendants of severe neglect that led to the death of James Attar.

The plaintiff, Mehrzad Attar, is acting as the successor in interest for his deceased brother, James Attar. According to the complaint, James was a resident at Atria Sunnyvale, a residential care facility for the elderly located at 175 E Remington Dr., Sunnyvale, CA. The lawsuit names multiple defendants including WG Sunnyvale SH LP, Atria Management Company LLC, Ventas AOC Operating Holdings LLC, Atria Senior Living Inc., Ventas Inc., Byron Perryman, Flavio Silva, and Does 1 through 100. The complaint outlines two main causes of action: elder abuse - neglect and survival action - negligence under CCP §377.20.

James Attar had been residing at Atria Sunnyvale when he was informed by a speech therapist on July 11, 2023, that he required a "thickened liquid" diet due to his medical condition. Despite acknowledging this requirement, Atria Sunnyvale allegedly failed to provide such a diet or assist in relocating James to another facility that could meet his needs. Tragically, on August 17, 2023, James choked while eating lunch at the facility and suffered an anoxic brain injury from which he never recovered before passing away on January 6, 2024.

Mehrzad Attar's complaint details numerous allegations against the defendants. It asserts that they were aware of staffing issues and substandard care but chose to ignore these problems in favor of financial gain. The lawsuit claims that "Defendants knew it was substantially certain that ATTAR would suffer injury due to the failure to provide the custodial care and services needed." Furthermore, it alleges that management's focus on increasing profits led to underfunding and understaffing at Atria Sunnyvale.

The plaintiff is seeking general damages according to proof; special damages; attorney’s fees under Welfare and Institutions Code section 15657; punitive and exemplary damages; costs of suit; and any other relief deemed just by the court. This case underscores serious concerns about elder care facilities' obligations to their residents.

Representing Mehrzad Attar are attorneys Benjamin T. Ikuta and Nicholas J. Leonard from Ikuta Hemesath LLP. The case is being reviewed by Judge J. Nguyen under Case No: 24CV445513.

Full Article & Source:
Elderly Care Facility Accused of Neglect Leading to Resident's Death

Legislature approves Dodd’s Elder Fraud Protection Bill


By Thomas Gase

A measure from State Senator Bill Dodd, D-Napa was approved by the California Legislature on Friday that aims to strengthen elder and dependent adult financial abuse protections.

This would be done by clarifying the duties of banks and financial institutions to safeguard against fraud.

“Today we take an important step toward underscoring what steps a bank or credit union should take to protect against senior scams, which, unfortunately, are occurring all too often,” Dodd said in a news release. “My bill says in plain language that if an institution or advisor knows or should have known that an elder or dependent adult is subject to financial abuse – and repeatedly fails to act – they may be held accountable for assisting in the abusive activity. When adopted it will serve as an up-front scam prevention policy for California banks and credit unions. I thank my fellow legislators for their support.”

Financial elder abuse cases are on the rise in California. Now, when victims attempt to sue their bank for assisting in a scam, the institution can avoid responsibility by claiming it did not have actual knowledge of fraud.

However, Dodd’s legislation, Senate Bill 278, would clarify that victims of financial elder abuse can continue to hold institutions accountable when they should have known of the fraud but negligently assisted in the transfer anyway. The clarification would support victims of financial elder abuse in meeting their burden of proof. The bill will incentivize financial institutions to implement safeguards upfront, so seniors don’t lose their life savings to scams.

SB 278 is supported by elder rights advocates and Consumer Attorneys of California. SB 278 heads next to Gov. Gavin Newsom for his signature.

“Help is on the way for millions of California seniors, who are at risk of losing their life savings in a financial scam,” said Jacquie Serna of Consumer Attorneys of California said in the same news release. “SB 278 would mark a historic shift to preventing scams before they happen, holding banks and other financial institutions accountable to take common-sense steps to help seniors recognize the signs of a scam.”

Full Article & Source:
Legislature approves Dodd’s Elder Fraud Protection Bill