Law to promote alternative to guardianship goes into effect

by Danielle DaRos

TALLAHASSEE, Fla. (CBS12) — A new law goes into effect Monday that directs judges to consider a less restrictive alternative to guardianships, called Supported Decision Making.

For years, the CBS12 News I-Team has been reporting on the problems in Florida's guardianship system, in which incapacitated people lose all of their rights, access to money, and too often, become victims of abuse.

Now, a new law requires judges to consider Supported Decision Making for Floridians with disabilities, who do not need full-fledged guardianship. 

Instead of having a professional guardian exercise complete control over an individual in a restrictive court-ordered arrangement, Supported Decision Making allows an individual to maintain their freedom and rights. The individual has trusted advisors, like friends, relatives, mentors, pastors, etc., that help them make certain decisions.  

"I'm hearing from families all over the state about how much this is going to help them," Rep. Allison Tant, D-Tallahassee said. She said under guardianships, families used to have to go to court to help their loved ones make decisions.

Rep. Tant has been advocating for a Supported Decision Making law for years and finally saw it pass this year with unanimous support in the legislature.

Disability Rights Florida supported the passage of the law, and celebrated by calling it a "huge win" when Gov. DeSantis signed it last month.

"It’s really important to have other options," said Caitlyn Clibbon, Director of Community and Healthcare Services for Disability Rights Florida. "If there’s any way for a person to maintain their rights, whether that’s through power of attorney or through someone helping to make decisions through supported decision making, [we want to] to preserve everyone’s rights to the greatest extent possible."

A Port St. Lucie man named Michael Lincoln McCreight was an inspiration for the Supported Decision Making law. Three years ago, the I-Team profiled his journey of breaking out of a guardianship using the Supported Decision Making model. He was the first Floridian to do so. 

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Law to promote alternative to guardianship goes into effect

Former Monroe County official arrested for financial exploitation, stealing and forgery

By WGEM Staff

MONROE COUNTY Mo. (WGEM) - A former Monroe County public administraor was arrested on Monday after a four-month investigation started by the Missouri State Highway State Patrol’s Division of Drug and Crime Control.

The Missouri State Highway Patrol reported the arrest of 45-year-old Jessica Chase.

On February 15, Monroe County Sheriff Joe Colston requested the Missouri State Highway Patrol’s Division of Drug and Crime Control investigate Chase.

Following an investigation, Chase was charged with six counts of financial exploitation of an older/disabled person, six counts of forgery, seven counts of filing false documents, 12 counts of felony stealing, two counts of fraudulent use of a credit/debit device, and one count of money laundering.

A probable cause statement claims that while working as a PA for the county, Chase served as the conservator for many elderly and or disabled people.

The statement alleges that Chase financially exploited and permanently deprived several disabled people of their money by taking money from their accounts, without their knowledge or permission to purchase items for herself. In addition, Chase is also accused of withdrawing cash from several bank accounts, without the owner’s knowledge or consent and allegedly keeping that money for herself.

Chase allegedly conducted the transactions between March 16, 2023, and December 22, 2023.

According to court documents, Chase was the public administrator for Monroe County from Jan. 3, 2021, until she resigned on Feb. 6 of this year.

Chase has been on a $150,000 cash bond in the Monroe County Jail.

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Former Monroe County official arrested for financial exploitation, stealing and forgery

Collinsville Man Charged In Elderly Financial Exploitation Case

by Dalton Brown

COLLINSVILLE - A Collinsville man faces multiple felonies after allegedly deceiving a disabled elderly victim out of more than $15,000 over the course of 19 months.

David E. Alred, 50, of Collinsville, was charged with two counts of financial exploitation of an elderly person with a disability, both Class 1 felonies. He was additionally charged with theft of property over $5,000 by deception from an elderly person, a Class 2 felony.

From approximately Sept. 15, 2022 to April 16, 2024, Aldred reportedly obtained by deception over $15,000 from an elderly victim 70 years of age or older.

Madison County court documents filed on June 28, 2024 add that Alred stood in a “position of trust and confidence” with the victim as he carried out “a series of acts” to illegally obtain the money for more than a year and a half.

The Collinsville Police Department presented the case against Alred, who was ordered to be remanded to jail until his initial appearance in court.

The issuance of charges is based solely upon probable cause and is not an indication of guilt. All subjects charged with criminal offenses are considered innocent until proven guilty in a court of law.  

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Collinsville Man Charged In Elderly Financial Exploitation Case

Financial exploitation of seniors persists

Story by Jennifer Bullock

COLUMBUS, Ohio (WCMH) – Older Americans are falling victim to scams. Better Call 4 has told you about some of the most common tactics reported to agencies like the Better Business Bureau of Central Ohio, the Attorney General’s Office, the Federal Trade Commission and even the Federal Bureau of Investigation.

In fact, the FBI’s Internet Crime Complaint Center (IC3) recently released its 2023 Elder Fraud Annual Report, which stated that adults over the age of 60 reported around $3.4 billion in monetary losses to fraud and scams last year.

“So, what the FBI’s report is about is what they call ‘elder fraud,’ which is when a stranger takes advantage of an elder,” Ian Bednowitz, general manager for cyber safety company Norton Lifelock, said.

Bednowitz said around the same time, the Financial Crimes Enforcement Network — a bureau of the U.S. Department of the Treasury — released its report. The findings, for Bednowitz, hit close to home.

“They, in general, talk about elder financial exploitation, and there are two types,” Bednowitz said. “One is the elder fraud, the other is elder theft. And the number two form of elder theft is when a caregiver in the home actually steals from the elder. That was my personal experience was with elder theft.”

Bednowitz said the caregiver hired to take care of his mother was actually taking money from her.

“Thousands of dollars,” said Bednowitz. “And my heart sunk.”

Bednowitz said he spent a lot of time and energy cleaning up the mess that caregiver created, and doesn’t want to see anyone else go through that.

“The best defense is a good offense,” said Bednowitz. “If you have a caregiver in the home, you need to protect yourself.”

Bednowitz suggested vetting the agency and the caregiver, but warned against relying solely on a background check.

“My caregiver was background checked,” Bednowitz said. “She actually had a fake identity that she used past the background check.”

Dig a little deeper into their identity, he said. Before you invite them into the home, get all of the personal information out.

“Make sure you get all tax returns out, get the social security number out, start changing, redirecting where mail is going, so that it’s not coming to the home,” said Bednowitz.

Finally, consider freezing your — or your loved one’s — credit.

“If your credit is frozen, no one can take out access without you giving permission yourself to use your credit,” said Bednowitz. “And if you’re not going out and actually using your credit to buy a car or a home, keep your credit frozen.”

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Financial exploitation of seniors persists

Former employee charged with theft from Geneva dance studio

by Brenda Schory

A former employee of a Geneva dance studio faces charges of financial exploitation of an elderly person and theft of more than $100,000, court and police records show.

Desiree R. Cortez, 47, of Geneva was charged May 29 with three felonies: financial exploitation of an elderly person by illegally using more than $50,000 of assets; financial exploitation of an elderly person age 70 or older by a person in a position of trust for more than $15,000 of assets; and theft of over $100,000 but less than $500,000, according to the charging documents.

Cortez’s attorney did not respond to a message seeking comment.

Cortez was in charge of accounting and payroll for the Elise Flagg Academy of Dance, 319 W. State St., Geneva, for four years until she was fired Jan. 23, according to a 48-page police report.

According to the police report, Cortez made $258,669.46 in unauthorized personal purchases from June 1, 2022 through March 1.

Reports indicate police began investigating March 11 when the next employee to handle the dance company’s accounts reported the suspected theft.

Police detailed hundreds of transactions, so many that investigators created a spreadsheet to keep track, according to the report.

Cortez also is accused of using dance studio funds to pay for her daughter’s attendance at ballet camp in Pennsylvania and a high school trip to Europe; Amazon, DoorDash, UberEats, Verizon and Starbucks purchases; vacation travel expenses; and opened new credit cards and bank accounts in the dance company’s name, according to the report.

Cortez is scheduled to appear in court Aug. 1 for a preliminary hearing.

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Former employee charged with theft from Geneva dance studio

Wendy Williams’ Unsealed Lawsuit Against A&E Cites ‘Exploitation’ And Inability To Consent

Story by Asheea Smith

Recent court documents filed on behalf of former talk show host Wendy Williams are against Lifetime's parent company, A&E, involving the release of the documentary series, 'Where is Wendy Willams?'      

The docuseries aired as a two-night special, setting sky-high ratings for the network late February. The show detailing Williams' deteriorating mental and physical health and concerning financial situation went on to average 1.2 million viewers over two nights.

Overall, the series received 6.2 million views across linear and digital platforms. The world watched as she struggled with alcohol, family, and the downward spiraling of her unruly fame. 

Per The Hollywood Reporter, Williams' was initially told that the documentary would be "positive and beneficial" to her image.

The complaint, which was unsealed Thursday, claims that A&E's contract to shoot the documentary wasn't valid due to Williams' alleged inability to consent to the series.

"This blatant exploitation of a vulnerable woman with a serious medical condition who is beloved by millions within and outside of the African American community is disgusting, and it cannot be allowed," the document claims. 

"We look forward to the unsealing of our papers as well, as they tell a very different story," A&E shot back in a statement.

The legal battle began when Williams' appointed temporary guardian, Sabrina Morrissey, filed a lawsuit with the New York County Supreme Court against the A&E Network to block the release of the documentary, a matter set for Feb. 27.  

In that filing, Morrissey alleged Williams, 59, was "incapable of managing her own business and personal affairs, and indeed, was placed into a guardianship and under the supervision of this court."

Kannie Yu Lapack, Lifetime's Executive VP and Public Affairs, confirmed to The Hollywood Reporter that the network appeared in person in court and decided to follow through despite the filing. Yu LaPack said, 'Where is Wendy Williams?' will "air this weekend as planned." 

"The Guardian was horrified by the release of the trailer and its contents," the filing alleges, claiming the footage falsey depicts Williams' behavior as a result of alcohol abuse rather than the result of a medical condition.

Williams' team announced her diagnosis of primary progressive aphasia and frontotemporal dementia just days before the launch of the series. 

Producers of the Lifetime series allege they were also shocked by the situation revealed during the documentary's filming and that their intent was to present a behind-the-scenes look into the former talk show host's comeback via a new podcast. 

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Wendy Williams’ Unsealed Lawsuit Against A&E Cites ‘Exploitation’ And Inability To Consent

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Wendy Williams