U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special
Committee on Aging, recently introduced the Alternatives to Guardianship
Education Act. The proposed legislation aims to safeguard older adults
and individuals with disabilities by promoting awareness of alternatives
to guardianship among educators, healthcare providers, court workers,
and family members. Guardianships, which are established when a court
determines a person is unable to make significant decisions
independently, have sometimes led to the loss of autonomy and abuse. The
bill emphasizes education on alternatives like supported
decision-making and advance directives to potentially reduce abuse.
Senator Casey highlighted that while high-profile cases have
increased visibility of the issues within guardianships, there is a
significant need for public education on the alternatives that uphold
civil rights and provide necessary support. The bill proposes a public
education campaign to further these goals.
This initiative is part of Senator Casey’s broader efforts to address
issues in guardianships. Previous actions include collaborating with
Senator Elizabeth Warren (D-MA) in July 2021 to inquire about
guardianship data and promoting alternatives with the Health and Human
Services Secretary. In October 2021, Casey introduced the Guardianship
Accountability Act to enhance oversight and training to detect abuse in
guardianships. He also raised public awareness through an Op-Ed
discussing the implications of Britney Spears’ conservatorship case.
In 2023, Casey conducted a hearing titled “Guardianship and
Alternatives: Protection and Empowerment,” where he introduced the
Guardianship Bill of Rights Act, aiming to establish alternative
arrangements and standards to protect the civil rights of those under
guardianships.
The
Task Force launched in 2019 and consists of more than 55 different
organizations and more than 100 individuals in the public, private, and
nonprofit sectors.
“The
Alzheimer’s Association Michigan Chapter has been a tireless advocate
for our seniors, leading the way in making our state a place where
residents can grow older with the assurance that their rights and
freedoms will be preserved,” Nessel said. “I am honored to receive this
award and am proud to have the Alzheimer’s Association as part of the
Elder Abuse Task Force.”
"It
was an obvious choice for the Alzheimer's Association Michigan Chapter
to recognize Attorney General Dana Nessel with this year's Excellence in
Leadership award," said Jennifer Lepard, President & CEO of the
Michigan Chapter. "Ensuring the state’s most at-risk populations are
safe and secure has been one of her core initiatives, most notably
through the Elder Abuse Task Force, on which the Association also works.
Through this initiative and additional extensive work in her time in
office, Attorney General Nessel has proven she is a true advocate for
the state’s most vulnerable, including those living with Alzheimer's and
dementia."
It
is estimated that more than 100,000 older adults in Michigan are
victims of elder abuse and that less than half of all instances are
reported to authorities. Michigan residents seeking elder abuse
resources are encouraged to call 800-24-ABUSE (22873), or 855-444-3911
to report suspected elder abuse.
Together with state and
federal partners, U.S. Attorney Adair F. Boroughs announced the
formation of the Palmetto Health Care Fraud Task Force (PHCF Task
Force), which has been created as a dedicated task force to combat
health care fraud and recover taxpayer money in the District of South
Carolina through criminal and civil actions. Other agencies that have
joined the PHCF Task Force include investigators from the Department of
Labor and the South Carolina Attorney General’s Medicaid Fraud Control
Unit.
In February 2023, the FBI, U.S. Attorney’s Office for the
District of South Carolina, and other federal, state, and local agency
partners began meeting as part of a Health Care Fraud Working Group with
the goal of combatting health care fraud in the District of South
Carolina. The PHCF Task Force was created after the FBI and the U.S.
Attorney’s Office saw great success from the Working Group meetings. The
creation of the PHCF Task Force demonstrates an increased effort to
bring to justice those who defraud the health care system, to deter
future health care fraud and abuse, and to promote trust in the
healthcare system. Additional resources available to the PHCF Task Force
will include the FBI's Data Analytics Response Team (DART), numerous
forensic accountants, and Intelligence Analysts from various agencies,
which all will promote efficiency in prosecuting cases.
Health care fraud is an enormous burden on South Carolina taxpayers.
In 2023, taxpayer funded healthcare programs spent approximately $23
billion in South Carolina alone. Although it is difficult to approximate
the amount of money lost to waste, fraud, and abuse each year, the
Government Accountability Office estimates it could be as much as 10% of
money spent. The PHCF Task Force will better equip the United States to
detect wrongdoers and recoup money lost to fraud in South
Carolina—which costs taxpayers billions each year.
The
PHCF Task Force and agencies involved in the Health Care Fraud Working
Group will meet regularly to aggressively investigate allegations of
false billings, COVID-19 fraud, violations of the Anti-Kickback Statute,
and other schemes that victimize patients, health care providers,
private insurers, and government insurers, such as Medicare, TRICARE,
and Medicaid, in the District of South Carolina.
Gov. Brian Kemp has signed a new law that will
help prosecutors crack down on people who harm the elderly or those who
can't take care of themselves. The law is called HB 218.
The
new law allows a "surrogate" to speak in court on behalf of the person
who has been hurt if that person is unable to speak for themselves.
Georgia has become the first state in the country to allow someone to
stand in court on behalf of mentally incapacitated adults over the age
of 17, provided the victim previously reported the abuse to them.
"This is just another tool that our prosecutors
now have to go after the bad guys who are trying to abuse our state's
most vulnerable people," said Rep. Scott Hilton. "There was one in Cobb
where a school bus driver slapped in the face, a child with Down's
syndrome. He then told a forensic interviewer, and that interview was
not allowed or was not admissible into court."
"It's
very significant. So somebody doesn't get to walk away scot-free," said
Joe Gavalis, the law enforcement coordinator for the North Georgia
Elder Abuse Task Force.
He
said the law would have been especially helpful in a recent case in
which a 91-year-old woman was interviewed by police after experiencing a
case of alleged sexual abuse at the facility she was living in.
"And
in two weeks, God bless her, she passed away," Gavalis said. "Well,
that case goes nowhere under the old law. Now, there is a good
possibility, using this law, that cases like this can be brought forward
and have the investigator who took the record, who did the interview,
can be put on the stand and be cross-examined."
Rep.
Sharon Cooper expressed hope that this new law would convey a powerful
warning that Georgia is determined to protect its elderly population and
will harshly penalize those who exploit vulnerable individuals.
"It's
very important that we make people in Georgia realize that you cannot
take advantage of our elderly if you do. We're going to go after you and
the punishment is going to be severe," she said.
Now that HB 218 is a real law, Gavalis says Georgia leaders are going to spread the word all over the state.
“These expenditures did not meet our guidelines, and these guidelines must be followed by everybody.”
by Dylan Nolan
Charleston County probate court judge Irvin Condonis
facing scrutiny from county council members after an audit conducted by
county accountants revealed inappropriate use of purchasing cards (p-cards) by probate court officials.
Charleston’s probate court processes 2,000 estates, marries 5,000
couples and commits 2,000 individuals on an annual basis. Condon – first
elected Charleston County’s probate judge in 1994 – established drug
and veteran’s courts in the county, which are models of “treatment
courts” studied by other attorneys throughout the country.
Despite these accomplishments, Condon’s recent dust-up with county
council is not the first time his office stands accused of inappropriate
behavior. For example, Condon’s court failed to act in a timely manner when former Charleston mayor John Tecklenberg made himself multiple loans from the estate of his then-92 year old former-neighbor, Johnnie Wineglass.
Wineglass, who was incapacitated with Alzheimer’s disease at the time
of the incident, first entrusted Tecklenberg with her financial affairs
in 2008. During his 2016 mayoral campaign Tecklenberg made himself a $25,000
loan from her account without the expressed approval of the court and
without properly notifying other interested parties as is required per
S.C. Code of Laws § 62-3-713.
While
Tecklenburg documented the loan and repaid it with interest, the fact
it was improperly issued (and that Condon didn’t stop him) drew the ire
of law enforcement investigators and members of the public at the time.
Condon went on to implement a conservatorship management system in an
attempt to prevent further abuses going forward.
Condon has also faced scrutiny from this news outlet for hiring his niece, Theresa Padron, as a customer service representative in 2017. Pardon went on to become an estate clerk the following year.
Condon’s latest troubles originate from an audit requested by county council chairman Herbert Sass after county employees brought purchasing irregularities to the attention of council. The audit (.pdf)
revealed “numerous p-card purchases that were violations of county
policies and procedures” including the purchase of a gift card for the
office March Madness pool winner, a Chewbacca mask shipped to a personal
address and more than $6,000 of food from restaurants and stores without the requisite pre-approval or documentation.
While Sass wasn’t present as council reviewed the results of the audit, councilwoman Jenny Costa Honeycutt expressed her displeasure with the purchases.
“I’ll be honest these situations embarrass me, they’re an
embarrassment to government, it looks like we can’t control our
expenditures,” she said.
“The probate judge does a fantastic job in his office,” Costa
continued, but “these expenditures did not meet our guidelines, and
these guidelines must be followed by everybody.”
Condon appeared before the council
of his on volition last week to explain the purchases. Condon told
council members “all the items were budgeted, and they are all spent on
operations for our probate court.”
“I didn’t realize that somebody could work forty years for Charleston
County and I can’t buy them a $130 lunch for 20 people at Costco,”
Condon said. “Come on – What are you telling the employees of Charleston
County? We’re not here for you?”
Despite Condon contending that the money was spent for the benefit of
Charleston County taxpayers, he fired his former financial head in the
fall of 2023.
Condon told the council he “fired the financial officer that I had for many many years.”
Condon called this former employee a “longtime friend” whom he “thought that person was protecting my backside.”
Once it became clear to Condon that his employee wasn’t complying
with county protocol, however, he fired the individual and requested the
county audit the office.
Councilman C. Brantley Moody
told Condon “I don’t think anybody’s questioning whether some of these
charges may be viable for the citizens of Charleston County, but what I
think you’re not seeing yet is you can’t ask for forgiveness every
time.”
“You can’t go out and do it and go well I’ll just figure it out later, it’s just got to be followed,” Moody said.
Condon’s office, per the South Carolina Constitution, is
independently operated by it’s elected head. While Condon’s budget is
set by the council and he must abide by county purchasing policies, the
county administrator has no control over his day to day operations,
meaning the responsibility to hire managers capable of ensuring
compliance with policy falls solely on Condon’s shoulders.
P-cards have time and time again
proven to be magnets for inappropriate purchases in South Carolina.
FITSNews asked Condon how he would prevent this problem from continuing
at his office.
“We’re going to reduce the number of P-cards from seven to either one or zero,” he said.
Condon told FITSNews the office may have to retain a card to purchase
from vendors who require credit cards, but that all purchases will
henceforth be cleared through the county finance office before
disbursements are made. Condon also offered to reimburse the county.
Council members tasked county staff with proposing an appropriate
amount to be returned, as well as whether to return Condon’s p-card
access.
Count on FITSNews to continue to monitor South Carolina’s courts, elected officials and how your tax dollars are being spent.
In the Superior Court of California, Sacramento County,
Kelley Roberts has filed a lawsuit against Rehana Harborth and others
(Case Number: 34-2022-00319058) on April 28, 2022. The suit alleges
financial abuse of an elder, fraud, breach of fiduciary duty, imposition
of constructive trust, and slander of title.
Roberts is represented by Attorney Thomas D. Walker and is suing
for an amount exceeding $25,000. The defendants include Rehana Harborth
(also known as Ronal Harborth), Nicqueline Barthus (also known as
Niquiele Barthus and Nicky Barthus), Trent Barthus, Kalin Barthus, Jade
Barthus, Erenc Harborth, Dean Barthus, Hannah Barthus, Tyler Q. Dahl and
Does 1 through 20.
The plaintiff alleges that the defendants entered into a
relationship with Jerry B. Da Valle approximately two years prior to his
death and became his "Care Custodians". It is alleged that the
defendants wrongfully attempted to secure property for themselves
following Da Valle's death.
Roberts seeks judgment against the defendants for their alleged
actions which have resulted in financial abuse of an elder (Jerry B. Da
Valle), fraud, breach of fiduciary duty among other allegations.
Pictures obtained by the WAFB I-TEAM speak for themselves, showing the conditions inside an apartment where a woman’s special needs son was allegedly neglected.
A group of good samaritans, including a Maricopa County Public Health employee helped saved an elderly woman who was in distress in the triple-digit heat.
Brian Seitz and Laura Prats were arrested on
suspicion of crimes against an at-risk person resulting in death and
serious injury, sheriff’s officials said
By Lauren Penington
Sheriff’s deputies arrested two caregivers of a disabled Jefferson
County woman Wednesday on suspicion of crimes related to her death,
officials said Thursday.
When first responders found 58-year-old
Sheryl Seitz, she was lying on an air mattress in an Arvada garage,
covered in filth and maggots, according to a Thursday news release from the Jefferson County Sheriff’s Office.
Jefferson
County sheriff’s deputies arrested Seitz’s son and his girlfriend
Wednesday on suspicion of crimes against an at-risk person resulting in
death as well as crimes against an at-risk person resulting in serious
injury. The victim’s son also faces a charge of tampering with physical
evidence.
The Arvada Fire Department responded to reports of a
sick person at an Airbnb in the 6400 block of Kendall Street on Monday,
the release stated. Paramedics transported Seitz to a local hospital,
where she died from her injuries a day later.
Hospital records indicated that Seitz was suffering from bed sores,
two hip fractures, a “loosely connected wrist,” ulcers, septic shock and
maggots burrowing into her body when she arrived on Monday, sheriff’s
officials said Thursday.
The Arvada Police Department began the
initial investigation but quickly learned that the crimes likely
occurred at an RV storage lot in unincorporated Jefferson County where
the victim and the two suspects lived separately, according to
Thursday’s release.
On Wednesday, sheriff’s deputies executed search warrants at the
trailer where Brian Seitz and Laura Prats — the son and his girlfriend —
lived, Sheryl Seitz’s RV and the car driven by the two suspects,
Thursday’s release stated. Both suspects were arrested.
Because of
the victim’s declining medical condition and her inability to walk or
care for herself, the two suspects had been her caretakers for the last
six or seven years, sheriff’s officials said. The two received state
funding for the older woman’s care through a home healthcare company for
83 hours a week.
Seitz’s RV did not have running water or a bed for her to sleep in,
the release stated. The only source of heat in the RV was a space
heater.
The death is still under investigation and official
autopsy results are pending. The Jefferson County Coroner’s Office will
release Seitz’s official cause and manner of death at a later date.
VOLUSIA COUNTY, Fla. – A caregiver arrested in 2022 in the shooting death of an 89-year-old woman in a Ponce Inlet condo was sentenced to 60 years in prison Thursday.
Micayla
Yusko pleaded no contest last week in the death of Margaret D.
Hindsley, who was shot multiple times in January 2022. Yusko and her
husband, Tyden Paul Guinn, were both arrested after Guinn’s father turned them in.
“They
just came home and told me they just did this,” the father said in the
911 call. “I woke up, they just came in and told me they just shot
somebody.”
“I had a
feeling that they were gonna shoot somebody, that they were gonna kill
somebody,” he said in the 911 call. “I thought (Guinn) was gonna come
home and kill me.”
According
to him, the couple had been married about two years at the time and
Yusco, who he said has a history of mental health problems, had put the
younger Guinn “in a spell.”
Guinn and Yusco visited Hindsley twice per day as her caregiver, according to police.
The family of Margaret “Darlene” Hindsley, 89, is mourning the loss of a beloved mother and grandmother. (Coronado Law Group)
Virginia resident Hang Zhan was arrested over the scam on April 16Credit: Prince William - Manassas Regional Adult Detention Center
Police have urged residents to take action to prevent others from falling victim to similar scams
by Callie Patteson
TENS of thousands of dollars was stolen from elderly woman after a
scammer tricked her into providing her financial information in a
malicious scheme.
Police have blasted the alleged heartless scam, warning that it all started with the request for an Apple gift card.
On April 8, police were contacted by a woman from Sullivan County, Tennessee – just over 100 miles north east of Knoxville – who claimed she had seen over $130,000 stolen from her, according to WJHL.
The scam reportedly started just four days before on April 4, when the woman claimed she was shopping online.
The
Sullivan County Sheriff’s Office revealed that the woman said a pop-up
message appeared on her screen, claiming there was illegal activity
detected on her computer and that she needed to contact Microsoft at a
provided number.
Police say the woman called the number and was allegedly informed that child pornography was detected on the computer.
The woman claimed the individual on the call informed her she would
need to pay to have the activity removed, by purchasing $900 worth of
Apple gift cards and providing information for the cards.
That
same evening, the woman was allegedly told that the issue would cost
approximately $4,000 to fix, however it would be resolved the next day.
On
April 5, the victim was allegedly contacted by a separate person who
claimed she needed to provide information for gift cards worth $3,000.
The woman reportedly then purchased the gift cards and provided the alleged scammer with the information.
Not long after the woman was then allegedly told that her bank account was compromised.
She was reportedly informed to withdraw all of her money and hand it to someone in person who would then allegedly create a new account for her with the funds, according to police.
Police reportedly said that the victim withdrew around $130,000 from her bank account at multiple branches, while speaking with the scammers on the phone the entire time.
One day later, a man allegedly went to the woman’s home and collected the money.
The woman told police she saw the man enter a gray vehicle after leaving her home.
Upon investigating the scam, police identified the man as Hang Zhan, 29.
Zhan, from Glen Allen, Virginia,
has been charged with theft of property over $60,000 as well as
financial exploitation of an elderly or vulnerable person and fraud.
“I just think in the end, you really see what happens when a guardian
has complete control and the family is cut out," one of the producers
said at an event on May 1
Mark Ford and Erica Hanson,
who served as executive producers, attended an awards consideration
panel in Hollywood on May 1, where they said they were worried about
Williams’ circumstances during production — as she was shown to have
been living alone and without food in her refrigerator — and sought to
get in touch with her loved ones.
“The deeper we got into it, we didn't want to let go of Wendy until we
got her back in touch with her family,” Ford said. “Because we felt that
at a certain point that's who's going to be there for her to care for
her.”
Ford noted that at the time they were not made aware of her frontotemporal dementia (FTD) diagnosis
and still had several questions post-production about why, as it
appeared to them, Williams was not receiving adequate care and why her
legal and financial guardian Sabrina Morrissey was “not responding to
any kind of calls for help.”
Morrissey has not responded to requests for comment on the documentarians’ allegations. But on Feb. 20, she filed a lawsuit
in an attempt to block the 4.5-hour project from being aired. In the
complaint, which was unsealed and obtained by PEOPLE, Morrissey slammed
the network's documentary, claiming that it "shamelessly exploits
[Williams] and portrays her in an extremely demeaning and undignified
manner."
Morrissey alleged that Lifetime "incorrectly states that she is 'broke'
and cruelly implies that her disoriented demeanor is due to substance
abuse and intoxication."
Wendy Williams in the Lifetime docuseries.
PHOTO: Lifetime
The documents further claimed that Williams was "not capable of
consenting" to the terms of her contract with A&E Television
Networks, Lifetime's parent company. Per Morrissey, court and guardian
approval was needed for all contracts before a documentary with
privately-shot footage of the talk show host could be publicly released,
and that "no such approval was sought or provided."
Morrissey also stated that she allowed the doc to go forward with the
understanding that the project would not proceed without the "review and
final approval of the Guardian and the court, who are responsible for
[Williams'] wellbeing." However, she claimed that no permissions were
sought and she was "horrified" upon viewing the contents of the trailer after she was told the documentary would portray Williams in a positive light.
In a statement shared with PEOPLE, Lifetime responded to Morrissey's
allegations, noting, "We look forward to the unsealing of our papers as
well, as they tell a very different story."
At the time of filing, Morrissey requested that the court put a
temporary restraining order on the documentary which was granted but
eventually overturned by a superior court.
During the May 1 panel, Ford recalled that “you could see Erica and
Michael towards the end of the documentary, very, very worried and
saying to her management, who was the only other person that was coming
into her apartment on a daily basis, 'Something has to be done to help
her.'” He added, “This is getting very dire and scary.”
“And because she was under a guardianship, her family couldn't just fly
up and hang out and decide to get involved in her medical care,” he
explained. “They were removed from that process by the courts so they
could face legal ramifications if they tried to get too involved.”
Ford said that is when the documentary “took a turn” and tried to
“expose what these guardianships are like” when the family is not
involved. Hanson added that she felt it was “incomprehensible” that
Williams’ son, Kevin Hunter, Jr.,
didn’t know where she was and “can’t call her” despite having
previously tried to “help his mother with all of her addiction issues.”
Wendy Williams in the Lifetime docuseries.
PHOTO: Lifetime
“I just think, in the end, you really see what happens when a guardian
has complete control and the family is cut out and they don't know how
she's being treated medically. And they don't know what's happened with her finances,” Hanson said.
Ford said that it was “important” that “there be ways for families to
call out abuses if they feel like they're occurring,” and that is what
was “happening here in this film.” “And if there are issues, come out
and tell the world what they are. The family welcomes that. Just don't
keep it in secrecy. Let them answer what the specific things are,” he
said at the panel.
“It's a very complicated process for [her family],” he added. “But I
think you could see in the film, they're a lovely group of people who
care about their sister, daughter, mother and want the best for her, and
who better to be involved in her care than those people, not a
stranger.”
Williams was placed under a conservatorship in early 2022 when Wells
Fargo froze the star’s accounts after her financial adviser at the time
alleged that she was of “unsound mind,” according to Williams’ court
filings. The bank successfully petitioned a New York court to have
Williams placed under temporary financial guardianship, reportedly
because it believed she was at risk of financial exploitation due to
cognitive issues.
Additionally, a spokesperson for the financial services company shared
with PEOPLE: "This matter was conducted under seal. Any claims against
Wells Fargo have been dismissed."
He was sentenced for related federal charges in February 2024
A
Montgomery man who was sentenced on federal charges for fraud schemes
targeting the elderly has now been sentenced on state charges.(MGN)
By WSFA 12 News Staff
MONTGOMERY, Ala. (WSFA) - A Montgomery
man who was sentenced on federal charges for fraud schemes targeting the
elderly has now been sentenced on state charges.
Montgomery County District Attorney Daryl Bailey and Alabama Securities Commission Director Amanda Senn announced Thursday that 36-year-old Nicholas Allen
was sentenced to 64 months in prison for two counts of financial
exploitation of the elderly, one count of securities fraud, and one
count of theft of property.
Allen was sentenced for related federal charges in February.
Prosecutors on both the federal and state levels say he solicited money
from multiple elderly people and made a number of misrepresentations.
He used the over $200,000 he received from the victims for personal
gain.
“Nicholas Allen is a fraudster
and a thief who preyed upon Alabama’s most vulnerable. Throughout the
case proceedings, he failed to show even a hint of remorse,” said Senn
in a statement.
The federal charges were prosecuted
jointly by the U.S. Attorney for the Middle District of Alabama and the
ASC. Officials say Allen’s state sentence will run concurrently with his
federal sentence of 76 months.
A
federal judge also ordered Allen to pay nearly $370,00 in restitution.
He has been barred from participating in the securities industry in the
state of Alabama.
“If someone thinks
that they can cheat an Alabamian out of their hard-earned money without
facing the consequences, they better think twice. Alabama is home to the
ASC, and we won’t rest while fraudsters are preying upon our neighbors,
friends, and community,” Senn added.
Allen will remain in federal custody and then serve a probationary term.
Guardianship is a vital legal mechanism designed to safeguard vulnerable
adults who are unable to manage their own affairs due to various
reasons. Yet, its implementation often poses challenges, raising
concerns about the protection of individual rights and preventing
potential abuse. The Uniform Guardianship, Conservatorship, and
Protective Proceedings Jurisdiction Act (UGCOPAA) emerges as a beacon of
reform, addressing these complexities and ensuring a balanced approach
that prioritizes both protection and empowerment.
AARP VI is
urging our elected officials to pass the Uniform Guardianship Act. The
hearing for the Guardianship Reform Bill presented by AARP is set for
hearing on May 24th in the Virgin Islands Legislature. This
bill will protect and empower Virgin Islanders to have greater agency in
their individual rights.
Traditionally, guardianships have
been characterized by their dual nature—intended to protect while also
potentially restricting personal freedoms. The recent spotlight on
high-profile cases like that of Britney Spears has underscored the need
for comprehensive reform within the guardianship system. UGCOPAA
acknowledges this necessity by emphasizing the rights of individuals
under guardianship, striving to make it a last resort rather than a
default option.
One of the significant advancements brought by
UGCOPAA is its focus on alternatives to full guardianship. By
encouraging exploration of less restrictive options, the Act aims to
empower individuals and preserve their autonomy whenever possible. This
approach respects the dignity of those under guardianship and fosters
better outcomes while reducing the burden on the judicial system in the
long run.
Moreover, UGCOPAA introduces stringent requirements for
guardians, ensuring they understand their responsibilities and act in
the best interests of those under their care. From enhanced notice to
third parties to detailed reporting and decision-making standards, the
Act strengthens oversight and accountability within the guardianship
process.
Crucially, UGCOPAA embraces modern principles,
eliminates outdated terminology, and recognizes the evolving dynamics of
familial and support structures. By expanding the pool of potential
guardians beyond traditional family ties, the Act acknowledges the
concept of "chosen family" and promotes inclusivity in decision-making
processes.
Furthermore, UGCOPAA empowers courts to tailor orders
to meet the unique needs of vulnerable individuals, providing
flexibility beyond conventional guardianship arrangements. This
adaptability allows for more nuanced approaches that consider the
specific circumstances of each case, promoting greater effectiveness and
fairness.
In essence, UGCOPAA represents a significant step
forward in guardianship reform, striving to strike a delicate balance
between protection and autonomy. By prioritizing the rights of
individuals under guardianship, enhancing oversight mechanisms, and
embracing modern principles, the Act seeks to ensure a more equitable
and respectful guardianship system for all involved.
As
communities continue to grapple with the complexities of caregiving and
guardianship, understanding and supporting initiatives like UGCOPAA are
crucial steps toward fostering a more just and compassionate community
here in the Virgin Islands.
By Brammhi Balarajan, Jillian Sykes, Caroll Alvarado and Holly Yan
A former nurse who killed at least three patients and tried
to kill more than a dozen more at nursing facilities across Pennsylvania
has been sentenced to life in prison, the state’s attorney general
said.
But the family of one of her victims said her real justice is yet to come.
Heather Pressdee pleaded guilty to three counts of
first-degree murder and 19 counts of criminal attempt to commit murder,
the Pennsylvania attorney general’s office said.
Pressdee, 41, pleaded guilty to avoid the death penalty, her attorney Phillip DiLucente told CNN Thursday.
As part of the plea agreement, a Butler County judge
sentenced Pressdee to three consecutive life sentences for the three
counts of murder “plus 380 to 760 years
of consecutive incarceration for the 19 counts of criminal attempt to
commit murder,” the attorney general’s office said. She will not be
eligible for parole.
“The defendant used her position of trust as a means to
poison patients who depended on her for care,” Attorney General Michelle
Henry said.
“This plea and life sentence will not bring back the lives
lost, but it will ensure Heather Pressdee never has another opportunity
to inflict further harm.”
‘She played God’
Pressdee intentionally gave lethal and potentially lethal doses of insulin to patients at five care facilities in Allegheny, Armstrong, Butler and Westmoreland counties between 2020 and 2023.
The daughter of victim Irene Simons said she’ll “never forgive” Pressdee for what she did.
“We’re angry and hurt that she disguised herself as a caring nurse,” Elizabeth Simons Ozella told CNN affiliate WTAE. “She took someone from this earth that she had no right to take, and she played God when she didn’t have that right.”
How the nurse tried to conceal her crimes
Pressdee admitted to “harming, with the intent to kill” the
19 patients, ages 43 to 104, the attorney general’s office said,
according to a criminal complaint filed against the former nurse.
She would often administer insulin during the low-staffed
night shift hours while working the medicine cart at the facilities, the
criminal complaint stated.
“Pressdee often took steps to ensure her victims would
expire prior to shift change so that they wouldn’t be sent to the
hospital where her scheme could be discovered through medical testing
such as C-peptide tests,” according to the criminal complaint.
Despite Pressdee’s hefty sentences this week, a sister of
victim Nicholas Cymbol said, “There’s no justice for this.”
“She’s pure evil,” Melinda Brown said, according to WTAE. “We’ll get justice when she meets her maker.”
Pensive older woman looking out bedroom windowTetra Images—Getty Images
By Dr. Robert Glatter and Dr. Peter J Papadakos
Dr. Glatter is Editor at Large for Medscape Emergency Medicine and
Assistant Professor of Emergency Medicine at Zucker School of Medicine
at Hofstra/Northwell. Dr. Papadakos is the Professor of Anesthesiology,
Surgery, Neurology and Neurosurgery at the University of Rochester, and a
Professor of Internal Medicine at Mercer University School of Medicine
The number of senior citizens is growing rapidly;
individuals aged 65 and older increased from 39.6 million in 2009 to
54.1 million in 2019 (a 36% increase) and is projected to reach 94.7
million by 2060. This has come about as a result of advances in modern
medicine and improved living conditions.
However, over
the last few years, reports not only in the U.S., but from around the
world, have brought to light a major new pandemic that may reach deeply
into the fabric and soul of our society: The usual respect and care of
our aging population is decaying into a growing incidence of neglect and
abuse. Increasing reports of horrific events that affect our aging
population detailing prolonged suffering and premature death are now
commonplace.
Frankly,
elder abuse reflects a decay of basic human rights in a major segment
of our society. This type of neglect has many faces which may include
physical, sexual, emotional, and psychological abuse. Victims are also
commonly subjected to financial abuse, often losing savings, assets,
homes, and other material property. Individuals may also be exposed to
abandonment and loss of contact with family and friends.
This
form of neglect may impact the elderly the most, leading to emotional
issues such as loss of dignity, self-worth, and respect. Such abuse may
be a single event or a cycle of repeated acts. It can vary from
subtle—such as not acting in a protective or loving manner in a
relationship where there is an expectation of trust, but also within a
family or in a senior care facility.
Prior to the COVID-19, 1 in 10 elderly adults in the U.S. experienced elder abuse. A major review in 2017 of 52 studies from 28 nations reported that 15.7% of people over 60 were subjected to some form of abuse.
In 2020, this number doubled to 1 in 5—a nearly 84% increase. A study
by the Administration for Aging stated that hundreds of thousands of
seniors were abused, neglected and exploited by family and others. What
is even more disturbing is that in 90% of cases, the abuser is a member
of the family, based on findings in the study. In fact, two-thirds of
the abusers were adult children or spouses. We, of course, find this to
be a shocking statistic; since the dawn of recorded history the elderly
have been given great respect and were cared for by both the family and
the community as a whole.
Why
did this natural relationship so greatly change in such a short period
of time? We believe the root cause are shifts in family demographics:
over time, adult children now live great distances from parents, but
also may have stressful careers, leading to personal issues that
distract from attention to parents.
The pandemic further aggravated this issue with a marked decline in
visits and travel related to restrictions. Families were also unable to
visit elderly relatives in senior care facilities in most states. This
may have been a mechanism that loosened family bonds and connections
that were never fully restored since the onset of the pandemic.
Moreover, growing economic pressures brought on by the pandemic also
impacted families. In most households, fewer individuals are free from
the obligation to care for parents on a daily basis. The reason is that
children must work in order to pay bills, rent, and buy food.
The
pandemic also pressured families to care for elderly and frail family
members at home because nursing homes were not accepting admissions.
Caring for individuals with cognitive issues such as dementia and
Alzheimer’s at home without help of course created many issues. This
stressful home environment can trigger strong negative emotions in
caregivers and lead to physical and verbal abuse. Use of alcohol and
drugs also peaked during the pandemic and may also have played a key
role in the rise of such abuse.
The escalating opioid crisis also led to an uptick in misuse and diversion
of opioids by the elderly, which has transformed into an increase in
pain and suffering of elderly persons with chronic pain. The increased
prevalence of substance abuse has encouraged family members to raid the
financial assets and valuables of elderly family members. Widespread
layoffs and job loss during the pandemic are other factors underlying
the exploitation of elderly parents by family members.
Social
isolation, a byproduct of lock downs, further magnified these events in
that typical family interactions abruptly ended, leading to a breakdown
in families’ ability to spot early signs of decline in function or
cognitive impairment.
Family
members being unprepared or unable to take on the role of caregivers
are an additional factor in the elderly being more susceptible to
becoming victims of abuse and violence . Data
indicates that it’s more likely for children to be raised without an
extended family, devoid of exposure to elderly relatives living in the
same household.
The
pandemic also disrupted access to community centers, social workers,
and support agencies that often aid families by offering staffing and
education. Rising food and utility prices added further financial
stress, ultimately leading to moral injury and burnout among care
givers.
Technology
has also played a role in the rise of financial abuse. It is now very
easy to transfer financial assets electronically with a few key stokes
from an elderly individual—often no signatures are necessary. Media reports
are filled with stories of family raiding retirement accounts, selling
assets, and taking homes away from the elderly. Elderly individuals may
not be tech savvy and therefore vulnerable to financial abuse. They
can also be easy targets for telemarketing schemes and internet fraud,
placing them at risk for identity theft.
Many
families may believe that placement of loved ones into a senior living
facility may be representative of a loving and supportive “safety net.”
However, this industry is also in crisis. Over 3.2 million adults are
currently living in nursing homes and other long term care facilities in
the US. As many as one-third of all adults will enter a nursing at point
during their lives as the US population ages. Sadly, nursing homes are
not a safe haven: abuse is increasing due to understaffing, improper
training and staff burn out. The industry was greatly affected by the
pandemic with loss of beds, lost income, and loss experienced
caregivers. These factors have led staff members to take out their anger
on they people they should be caring for. A shocking report
by the World Health Organization reported that 66% of nursing home
staff members admitted to abusing individuals under their care.
How
can families and society deal with this pandemic of abuse? The most
effective approach involves increased focus on education and community
support. Families need access to home care services, including social
workers, occupational therapists and physical therapists—team members
who make important contributions to the comprehensive care of our loved
ones. In some cases, this may also involve placement in a long-term care
facility when the needs of a loved one are more complex in nature.
Families should also be able to evaluate and monitor the care loved ones
receive in long-term facilities. The need for transparency is
essential, with “report cards” issued by government agencies available
to the public.
At the very least, we should all attempt to reconnect with the elderly
members in our lives. It can be transformative for both parents,
children, and all members of an extended family and community—and can
also address the nationwide epidemic of loneliness that so many elderly people suffer from.
U.S. Attorney's Office, Eastern District of Missouri
ST. LOUIS – A man from Jefferson County, Missouri on Wednesday
admitted helping to defraud an elderly St. Louis woman out of more than
$500,000.
Austin James, 27, of Hillsboro, St. Louis County, Missouri, pleaded
guilty in U.S. District Court to one felony count of identity theft. He
admitted knowingly possessing or using, without lawful authority, a
means of identification of another person to commit bank fraud and the
financial exploitation of the elderly.
James admitted aiding Gino Rives in exploiting the 80-year-old
victim, who had hired Rives sometime before Jan. 17, 2021 to repair her
roof for $7,500. Rives falsely claimed to be a licensed contractor and
the victim hired him to renovate the interior of her home. Rives told
the woman to write checks to himself, James and others that totaled more
than $550,000 for renovations on the one-bedroom, one-bath, 1,100
square-foot home that was worth no more than $135,000 in 2021. James
received eight checks totaling $94,606 between January 2021 and March
2023 for purportedly performing work on the victims, kitchen, bedroom,
bathroom, basement and foundation. But he did not do the work for which
he had been paid.
Due to the volume of checks being written on the victim's account and
being cashed by Rives, James and others, her bank contacted the St.
Louis City Building Inspector’s Office, which determined that any work
done on the house was worth no more than $50,000, if it included and
plumbing or electrical work.
Rives, 36, of Edmundson, in St. Louis County, pleaded guilty last
year and admitted defrauding two elderly victims. He and his mother,
Zella Rives, pleaded guilty to separate charges this year and admitted
falsely claiming that Rives was too disabled to work. They are scheduled
to be sentenced next month.
James is scheduled to be sentenced on August 14. The charge carries a
penalty of up to 15 years in prison, a fine of up to $250,000, or both
prison and a fine.
The Social Security Administration Office of Inspector General and
the U.S. Secret Service investigated the case. Assistant U.S. Attorney
Tracy Berry is prosecuting the case.
