“A Real Overhaul Is Long Overdue”: Lawmaker Calls On State Leaders to Reform New York’s Beleaguered Guardianship System

A new bill asks Gov. Kathy Hochul and state legislators to overhaul New York’s broken guardianship system. It cites a ProPublica investigation that found the elderly and infirm living in dire conditions while under court-mandated oversight.

by Jake Pearson

The chair of the New York City Council’s Committee on Aging is calling on Gov. Kathy Hochul and legislative leaders to overhaul the state’s beleaguered guardianship system in response to a ProPublica investigation that found elderly and infirm New Yorkers living in dire conditions while under court-mandated oversight.

City Councilmember Crystal Hudson introduced a resolution last week intended to force Albany to take up the cause of those whom judges have deemed incapable of managing their own affairs — a constituency without powerful lobbyists or political influence whose needs have long been ignored by state legislators.

“Too many people have been failed by this system, and a real overhaul is long overdue,” said Hudson, a Democrat. “We need a system that instills confidence — one that guarantees people in need of guardianships a dignified existence.”

More than 28,000 people statewide are currently under the care of court-appointed guardians, and nearly 60% of them live in New York City.

Hudson’s bill, which calls for an annual infusion of state funding to serve poor New Yorkers in the system, will be the subject of public hearings later this fall.

The proposal cites a series of stories this year by ProPublica that revealed how thousands of residents who have no family or friends to look after them are ill-served by many of the nonprofits and private attorneys that judges appoint to oversee their well-being. In the guardianship industry, this group of wards is known as “the unbefriended.”

The news organization found that there are too few guardians available to serve the people who need them and even fewer overseers, called examiners, to review the guardians’ work. A dearth of court staff and judges has compounded the problem. ProPublica found that annual assessments of guardians’ care can take years to complete, and even then the court oversight mostly focuses on financial paperwork, with officials rarely visiting wards in person.

The lack of scrutiny and long delays can result in unchecked neglect, as well as financial exploitation of New York’s most vulnerable people. A woman featured in ProPublica’s reporting lived for years in a home that had no heat and was infested by bedbugs and rats — conditions her legally appointed guardian did not rectify and her examiner did not question. Another man’s guardian spent more than half of her ward’s life savings for care provided by her own private business — a flagrant conflict of interest that a judge permitted for years.

Hudson’s resolution would pressure state legislative leaders and the governor to bolster the system by allocating state money to pay for more guardians. The current system is largely unfunded. So judges often ask lawyers to take on cases pro bono or assign nonprofits, which take monthly fees directly from their wards’ accounts. For a small group of people in need, county social service departments pick up the tab, though judges say the groups they contract with to provide those services are overburdened and understaffed.

To fix the problem, the legislation suggests a plan developed by Guardianship Access New York, a coalition of nonprofit providers. It calls for a “significant and permanent statewide investment in nonprofit guardianship services” of $15 million annually. That’s similar to what happens in Florida, which publicly funds 16 nonprofits that serve thousands of eligible wards. In GANY’s proposal, the funding would go to vetted groups that would then serve 1,500 New Yorkers each year to “ensure access to an ethical, reliable, and effective guardian.”

Kimberly George, a leader of GANY who also runs Project Guardianship, a nonprofit group that serves as guardian to about 160 New York City wards, said in an interview that the proposal “wouldn’t fix the whole system, but it’s a big piece of it.”

“If judges have reliable good guardians to go to, maybe they won’t have to appoint ones that they know are questionable or aren’t sure about,” she said.

Judges, for example, have long relied on a guardianship company featured by ProPublica even as it failed to meet the needs of more than a dozen wards. In one case, it collected monthly fees from an elderly man even after he left the country — and also after he died. The group, which serves hundreds of poor New Yorkers, continues to receive appointments. The company has declined to answer questions about specific clients but previously told ProPublica that it was accountable to the court and that its work was scrutinized by examiners, who are empowered to raise any issues.

The city resolution comes as the state court system crafts its own guardianship proposals in advance of next year’s legislative session, which begins in January.

According to an internal proposal obtained by ProPublica, an advisory committee of judges and lawyers has recommended that the state’s top judicial leaders and court administrators ask Albany to create a “fully funded statewide entity” to serve as a public guardian. Such a government entity, the committee estimates, would cost $72 million to staff and would serve the “unbefriended” in each county — a population the proposal estimates represents about 20% of all wards statewide.

The committee also recommended that the courts seek to increase compensation for court examiners, as well as court evaluators, who assess the needs and capacities of people before a judge imposes guardianship. That money would come from funding that is now reserved for lawyers who represent the indigent in criminal cases, not from wards’ own funds.

A court spokesperson said the state’s top judicial leaders “have made clear to our partners in other branches of government that we support the creation of a statewide public guardianship program as a key component of an overhaul of the system.”

Spokesperson Al Baker added: “We are proud to be advocating for additional funding to cover the costs of guardianships, particularly to assist those who are the most economically constrained.”

State lawmakers last seriously addressed the court-appointed guardianship system 30 years ago, when they passed the state’s main guardianship statute, Article 81 of the Mental Hygiene Law. This year during budget negotiations, lawmakers secured just $1 million to fund a statewide helpline, despite a request to provide $5 million to combat some of the bigger problems detailed in ProPublica’s reporting. Spokespeople for the Senate majority leader, Andrea Stewart-Cousins, and Assembly speaker, Carl Heastie, didn’t respond to requests for comment on Hudson’s resolution.

Neither did the office of Hochul, whose support will be essential to any guardianship reform. The Democrat, who took office three years ago, has proposed a plan to confront the needs of the state’s aging population, which mentions guardianship, among other measures, though it spells out few details.

Advocates hope Hochul will be receptive to an overhaul, given her record on a related issue. In July 2022, she signed into law a bill that provides an alternative to guardianship for people with intellectual and developmental disabilities, permitting them, not a guardian, to make decisions about their own lives.

At the bill signing, according to a transcript, she acknowledged the power of government to better the circumstances of the vulnerable.

New York, she said, had “a well-intended Legislature and a governor who wanted to make sure if there’s any issue that comes to our attention where a wrong needs to be righted, we will take the pen and do just that. And that is what today is about.”

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“A Real Overhaul Is Long Overdue”: Lawmaker Calls On State Leaders to Reform New York’s Beleaguered Guardianship System

Wendy Williams’ Guardian Sues Lifetime Over Exploitative Documentary

The former talk show host’s guardian alleges that she was "viciously and shamelessly exploited" in the documentary.

By Oumou Fofana

Wendy Williams' guardian has taken legal action against several parties and entities involved in Lifetime’s controversial documentary “Where is Wendy Williams?” which dives into the talk show host’s life under guardianship.

According to PEOPLE, Sabrina Morrissey filed a complaint against A&E Television Network, Lifetime Entertainment Services, EOne Productions, Creature Films, and executive producer Mark Ford in the New York Supreme Court on Monday (Sept. 16), accusing them of exploiting the talk show star. Morrissey tried to stop the documentary from airing before it premiered on Feb. 24 and 25 but was unsuccessful.

“As is patently obvious from the very first few minutes of the Program itself, W.W.H. was highly vulnerable and clearly incapable of consenting to being filmed, much less humiliated and exploited," the 75-page complaint read. "When the Guardian discovered that Defendants’ true intentions were to portray W.W.H. in a highly demeaning and embarrassing manner, she immediately sought to protect and to preserve her dignity. But the defendants fought to move ahead... without a valid contract and released without the Guardian's consent."

The complaint argued that the network and defendants exploited Williams and should be held responsible for covering her medical care and supervision for the remainder of her life. "Not surprisingly, the public reacted with disgust and revulsion at Defendants’ blatant and vicious exploitation of W.W.H," it continued. "By willfully taking advantage of a severely impaired, incapacitated person, Defendants have made millions on W.W.H.’s back, while W.W.H. has received a paltry $82,000" from the documentary.

"This case arises from the brutally calculated, deliberate actions of powerful and cravenly opportunistic media companies working together with a producer to knowingly exploit W.W.H., an acclaimed African-American entertainer who, tragically, suffers from dementia and, as a result, has become cognitively impaired, permanently disabled, and legally incapacitated," the complaint added. "Eager to sensationalize and profit from W.W.H.’s cognitive and physical decline, Defendants took advantage of W.W.H in the cruelest, most obscene way possible for their own financial gain, in a manner that truly shocks the conscience."

It additionally claimed that the "defendants not only deliberately destroyed" Williams' "credibility and image," but did so for their own financial gain. It added that the 60-year-old was the "laughingstock and drunkard implicitly responsible for her own continued suffering" and many photos of her in a wheelchair with her legs spread were circulated across the internet, along with footage showing her on camera with a nearly bald head — appearances she would have "never, ever consented or allowed."

Wendy has been under a court-ordered guardianship that manages her finances and health since May 2022. For the past 16 months, she has been residing in an undisclosed facility, receiving treatment for cognitive issues after being diagnosed with primary progressive aphasia and frontotemporal dementia in May 2023.

Full Article & Source:
Wendy Williams’ Guardian Sues Lifetime Over Exploitative Documentary

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Maine high court suspends Ellsworth probate judge who didn’t pay taxes, child support

by Gillian Graham

William Blaisdell answers questions from the Maine Supreme Judicial Court in Portland in July. Brianna Soukup/Staff Photographer

Maine’s highest court has ruled that an elected probate judge in Ellsworth will be suspended for four months for failing to file three years’ worth of taxes and pay tens of thousands of dollars in child support.

In a decision handed down Tuesday by the Maine Supreme Judicial Court, justices said that the behavior of William Blaisdell warranted public censure and imposed a one-year suspension from judicial office, with all but four months suspended.

“We view Judge Blaisdell’s misconduct as egregious and deserving of significant sanction. Disobedience of a court order by anyone is serious, but contempt of a court order by a sitting judge cannot be tolerated. We cannot expect the public to have respect and confidence in our courts when a judge himself flouts court orders,” justices said in their ruling.

Blaisdell, 54, was found in contempt of court in Waldo County in March because he was behind on more than $33,000 in child support payments to his ex-wife. He had to pay her $50,000, including attorney fees and interest, to avoid a 90-day jail sentence, according to court records. He also has not filed at least three years of tax returns from 2020 to 2022, records state.

The judicial committee began its investigation into Blaisdell after a district judge in Belfast reported him to the committee and the Maine Board of Overseers of the Bar. Blaisdell also runs his own law firm in Ellsworth.

Blaisdell, who has said he has no plans to resign, told the court he would like to keep his judgeship. He said he’s been in office for a little more than nine years, holding court for at least one day a week and earning $30,000 yearly. His term ends in 2026.

Blaisdell appeared before the Maine Supreme Judicial Court in Portland in July as the court’s Committee on Judicial Conduct recommended he be removed from office in light of these failures. Because he’s an elected official, only legislative authorities can remove him, not the court.

The justices said in their opinion that they understand suspending the only probate judge in Hancock County imposes a hardship for the county and other probate courts.

“A partially suspended suspension would ameliorate that harm and provide a means of monitoring Judge Blaisdell’s conduct. For those reasons, we suspend all but four months of the one-year suspension, provided that Judge Blaisdell complies with the conditions imposed in his bar disciplinary matter,” they wrote.

It’s not clear what will happen at the court while Blaisdell is on suspension. Barbara Cardone, spokesperson for the Maine judicial branch, said that decision was up to the individual court and said she was not sure how Hancock County would decide to move forward.

Juliette Wilbur, registrar of probate in Hancock County, did not respond by 7 p.m. to emailed questions about whether cases would be paused or whether an interim probate judge would be appointed.

To “emphasize the gravity of the misconduct,” the court ordered Blaisdell to forfeit $10,000 from his salary, an amount equivalent to months of his judicial pay.

Last month, the state Board of Overseers sanctioned Blaisdell, and while he remains eligible to practice law, he must be monitored by another lawyer – former district attorney Matthew Foster – under an agreement with the board.

That agreement also outlines allegations by a former client that he spent months in jail while Blaisdell failed to act upon the client’s requests for a motion to adjust his bail. That former client said he struggled to contact Blaisdell, who had been appointed to the case.

Blaisdell could not be reached for comment Tuesday. One phone number listed for him in an online database had been disconnected; another rang several times before reaching a voicemail inbox that was full.

From 2016 to 2022, the years for which data is readily available, the Judicial Conduct Committee sent only eight complaints – lodged against a total of six judges – to the Supreme Judicial Court. Among those disciplined judges was former York County Probate Judge Robert Nadeau, who was suspended from the bench for 30 days in 2016. In 2017, Nadeau was suspended from practicing law for two years.

In that same time, the committee dismissed nearly 650 such complaints, according to an analysis of the committee’s annual reports.

Staff Writer Daniel Kool contributed.

Full Article & Source:
Maine high court suspends Ellsworth probate judge who didn’t pay taxes, child support

More Data is Needed to Better Address the Financial Exploitation of Older Adults

By Karen Shakira Kali

Elder financial exploitation, the most common form of elder abuse, broadly refers to the illegal use of an older person’s money, property, or other financial resource for personal benefit, profit, or gain. The perpetrator can be a known, trusted person such as a caregiver, or they may be a stranger or imposter. Elder abuse affects at least 10% of older adults each year in the United States.

While financial exploitation can occur in any community, gaps in data exist in understanding the impact on older adults within certain communities that historically have been discriminated against. Without this data, addressing financial exploitation in all communities will continue to be a challenge.

Financial exploitation in the U.S. is a growing problem

Financial exploitation continues to grow. AARP research places annual losses for older adults over 60 at a conservative $28.3 billion, of which $20.3 billion is a result of known perpetrators (e.g. family, friends, or caregivers). According to the Financial Crimes Enforcement Network’s (FinCEN) most recent analysis of reported suspicious activity, perpetrators of financial exploitation stole or attempted to steal more than $27 billion from older adults age 60+ in the 12-month period ending in June 2023. FinCEN’s new annual projection is higher than the entire six-year period from 2013-2019 when FinCEN estimated the total risk of losses or actual losses to be $21.8 billion.

Underreporting is likely, making understanding the full scope of the problem difficult. Many instances of elder abuse, which includes financial exploitation, go unreported each year. Perhaps the most prevalently cited study attempting to estimate the impact suggests that one in 23.5 cases go unreported annually.

There are many reasons cases go unreported. Older adults may fear retaliation or losing their independence, or they may have a close attachment to the perpetrator (e.g., a trusted caregiver, such as a family member). Some may struggle with the steps required to report the crime. Additionally, for some in communities with a history of discrimination, fear or distrust of authority, including law enforcement, and fear of further discrimination contribute to a possible unwillingness to come forward.

Data on diverse populations is needed

Beyond the general limitations in reporting, even less is known about the impact of financial exploitation among older adults of various diverse populations. There is a marked lack of research quantifying findings by racial and ethnic group and even fewer research initiatives targeting LGBTQ+ populations, populations with limited English proficiency, and low-income populations.

Filling some of the data gaps on financial exploitation are population-based surveys on the issue – yet very few current studies include race, ethnic identities, or other identities. This limited amount of available research suggests the need for more. One issue is that research on racial differences and scam victimization tends to be inconsistent. Some studies find Black older adults are more likely to experience financial exploitation than older white adults, yet similar studies have yet to corroborate this finding. When researchers in 2010 found that African Americans in Pennsylvania were as much as five times more at risk for financial exploitation, they called for a larger national study. But despite the apparent disparity, little research has been conducted since.

Interventions and prevention strategies depend on better data

Data drives solutions. The lack of information on diverse populations and financial exploitation is a barrier to addressing the issue across all communities. A greater focus on race, ethnicity, LGBTQ+ identity, and other demographic data, particularly in population-based surveys, would not only provide a clearer understanding of financial exploitation but also encourage policymakers and others to tailor prevention and intervention strategies beyond a one-size-fits-all approach to combatting financial exploitation.

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More Data is Needed to Better Address the Financial Exploitation of Older Adults

Baltimore State's Attorney announces charges in cases involving elder abuse

by JESSICA BABB

Baltimore State's Attorney Ivan Bates, along with the Economic Crimes Unit, announced a conviction and several indictments in a press conference Wednesday.

It was part of an announcement, which kicked off the resource fair and luncheon hosted by the Economic Crimes' Older & Disabled Persons Unit to educate older adults about avoiding financial scams and other crimes. Bates said the Unit works in conjunction with the Inspector General and the Sheriff's Office.

"It's critically important to me that our older adult population is supported by our office and educated on protecting themselves from financial fraud and abuse of all forms. Economic crimes tend not to make headlines in our city, but they happen daily, create financial ruin, and cause significant harm to our housing market and local economy," said State's Attorney Ivan Bates. "These crimes are especially heinous because they prey upon one of our most vulnerable populations in Baltimore. Under my administration, we will continue prioritizing victims in this demographic and ensuring accountability for offenses perpetrated against them."

James Rickey Dupree was recently convicted on charges of theft, forgery and issuing counterfeit documents. The defendant used his security clearance to enter the Port Authority grounds and steal brand-new Range Rovers valued at nearly $200,000, using falsified documents to deceive authorities at the port.

Other individuals have been charged and indicted.

Defendants Maurice Ford, Arngelette Mock, Shawn Wilson, Caprice Diggs, and Danielle Seldon have been indicted on charges of Theft Scheme between $25,000 and $100,000, in addition to related offenses, to steal $54,990.70 from Horseshoe Casino. In 2023, Ford was a slot machine technician employed by the casino, who is accused of conspiring with the other individuals, who were patrons, to steal money through using the slot machines.

Bryan Oneal Jones is charged with Theft and Financial Exploitation of a Vulnerable Adult, accused of soliciting home improvement contracts on social media through a business page, beginning demolition, and taking multiple customer payments without completing the work. Between 15 victims, Bates said the damages total about $309,299.

Karen McAllister was charged with Engaging in a Felony Theft Scheme Between $25,000 and $100,000 and Felony Exploitation of a Vulnerable Adult for Obtaining through Undue Influence $25,000 and $100,000. The defendant's grandmother is the victim in this case.

David Coleman was charged with a Felony Theft Scheme valued at over $100,000, Obtaining Property of a Vulnerable Adult valued at over $100,000, Acting as a Contractor without a License, and Selling Home Improvements without a License. Court documents allege that the defendant defrauded a 72-year-old disabled veteran and his wife out of $105,700 with promises of remodeling their home. The defendant is accused of never completing the work and was never a licensed contractor.

Matthew Praglowski was charged with Vulnerable Adult Physical Abuse by a Household or Family Member and Assault in the Second Degree. The victim is Praglowski’s grandfather, who was 77 years old at the time of the abuse. The victim reported being beaten about the face, placed in a choke hold, and forced to the ground. The victim sustained bruises and contusions to both arms, his head and neck, and stitches around his eye.

Jasmine Monet Williams was charged with Exploitation of a Vulnerable Adult by Deception, Theft Scheme $1,500-$25,000, Attempted Theft $500-$1,500, Identify Theft, and Credit Card Fraud.

Wenetha Leslie was charged with Financial Exploitation of a Vulnerable Adult, Felony Theft, Conspiracy, and Forgery. Court documents allege that the defendant used false representations and undue influence to cause her 78-year-old father to sign a document giving her Power of Attorney. Leslie is accused of accessing the victim's personal and Social Security information. Bates said the investigation showed the defendant added her name to the victim’s personal bank account and wrote checks totaling $40,000 that were subsequently endorsed using an alias and withdrawn by cashier’s checks.

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Baltimore State's Attorney announces charges in cases involving elder abuse

Burtchville Woman Sentenced for Embezzling More than $86,000

September 16, 2024

LANSING – Today, Lisa Marie Tramski, 57, of Burtchville, was sentenced to one year of probation by Judge Daniel A. Damman in the 31st Circuit Court in St. Clair County after paying $51,600.75 in restitution, announced Michigan Attorney General Dana Nessel. Tramski pled guilty in July to one count of Embezzlement of $50,000 or more, but less than $100,000 for embezzling funds from an elderly woman after becoming her court-appointed guardian. 

Tramski was appointed in early 2018 as guardian for the victim, who died only weeks later. About a week before the death, Tramski had the victim sign a will leaving everything to Tramski. Despite knowing there were legal challenges to the will, Tramski proceeded to take $86,033.75 from the victim’s accounts. Ultimately, the probate court invalidated the will benefitting Tramski.   

“Guardians and conservators are appointed to care for those they serve, not exploit or steal from them in their time of need,” said Nessel. “My office remains committed to pursuing those who abuse their positions and advocating for stronger legislation to better protect elders from harm.”  

Michigan's Elder Abuse Task Force launched in 2019 and consists of more than 55 different organizations in the public, private and nonprofit sections - all working together to combat elder abuse. The more than 100 individuals on the Task Force are divided into seven committees working diligently to accomplish nine initiatives (PDF), including requiring certification and training for professional guardians.  

Earlier this year, the Department testified in support of House Bills 4909, 4910, 4911, and 4912, a bill package aimed at reforming Michigan’s guardianship statutes. The Department also supports Senate Bill 656, which would restrict the type of investments a conservator can make with estate property. Additionally, Attorney General Nessel and the Task Force have advocated for legislation to establish family consent laws and PPOs for elder/vulnerable adults, as well as a guardian certification initiative.  

More than 100,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. Michigan residents seeking elder abuse resources are encouraged to call 800-24-ABUSE (22873), or 855-444-3911 to report suspected elder abuse.

Source:
Burtchville Woman Sentenced for Embezzling More than $86,000

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Burtchville Woman Pleads Guilty to Embezzling More than $86,000

A Look Inside the Guardianship System with Investigative Reporter Diane Dimond

Edison Public Library to Welcome Author of ‘We’re Here to Help: When Guardianship Goes Wrong,’ on September 24

By Victoria Davis

EDISON, NJ - Join author and investigative journalist Diane Dimond on Tuesday, Sept. 24 at the Edison Public Library to learn more about the state-run guardianship/conservatory system and ways to safeguard yourself and loved ones. 

During the 6:30 p.m. event, which will take place at the North Edison Branch, Dimond will discuss her latest book, We’re Here to Help: When Guardianship Goes Wrong.

A guardianship is a legal arrangement where a court appoints a person or organization to make decisions for someone who is unable to do so themselves. We’re Here to Help, a culmination of more than eight years of research, offers an in-depth look into a system that, according to Dimond, has become ‘largely unregulated, ill-understood, and increasingly populated by financially motivated predators.’ 

“It is a court system that has truly run amok, a system in which you or someone you love can be declared an ‘incapacitated ward-of-the-court’ and be automatically stripped of all civil rights,” Dimond, whose book examines the system and its real-life effects by telling the human stories behind the headlines, and shows how to avoid the risks of voluntary or involuntary guardianship, said. 

“While many associate abusive and financially exploitative guardianships with the elderly, many citizens living with a disability - be it intellectual, physical or psychiatric - are often the target of guardianship insiders who prey on the vulnerable,” Dimond said, adding, “Many senior citizens I speak to are worried about what will happen to their disabled adult child after they pass away. The disabled are prime targets for predators operating within this system.”

Diane Dimond is a multiple award-winning freelance journalist, author, syndicated columnist, and former television correspondent who specializes in crime and justice issues. She began her journalism career in her hometown of Albuquerque, New Mexico and, over the years, worked at National Public Radio, WCBS-TV, Hard Copy, the Today Show, MSNBC, CNBC, and Court TV. Dimond has written for Newsweek, Huffington Post, the Daily Beast, the New York Post, Real Clear Investigations, and the Albuquerque Journal and is also the author of Be Careful Who You Love: Inside the Michael Jackson Case, Cirque Du Salahi, and Thinking Outside the Crime and Justice Box. 

Dimond’s Sept. 24 book discussion is geared toward adults as well as family members and/or caregivers of someone who may require guardianship in the future. 

Admission is free, but space is limited and registration, which can be done by clicking here, is recommended. 

Copies of We’re Here to Help: When Guardianship Goes Wrong will also be available for purchase at the event. 

Full Article & Source:
A Look Inside the Guardianship System with Investigative Reporter Diane Dimond

Elder Eyes Wide Shut

By Jaimee K Martello 

World Elder Abuse Awareness Day was on June 15^th.  Father’s Day was June 16^th.  Many are not aware of WEAAD.  I only know it exists because of a book I started co-writing with a friend.  A legal guardian and conservator have hijacked her father’s life and estate and she cannot get him out.  To date over half a million dollars have been billed to estate; he is drugged to incapacitation so that he cannot defend himself in court.  My friend, his daughter, is terrified and panicked.  Fighting with every cell of her energy that has not been killed in the process against the system.

It is consuming my thoughts and destroying my perspective on reality.  I had a sit-down with my parents to pass along what I learned about elder abuse through this project.  I had to warn them.

My friend, who I will call Lilly to protect her and her family, is amidst a legal battle with her sibling and a cabal of lawyers over the legal guardianship and conservatorship of her 74-year-old father, though he can still make decisions.  His decisions are neither recognized nor respected by the family courts.  As Americans, we complain about our presidents being in their 70s or 80s, but our parents are pretty damn young, smart, physical, and capable at 70.

Lilly explains her father’s life had been kidnapped.  Sacrificed, slowly, for the cash cow underbelly of the legal system.  His bank accounts have been drained.  Property for sale.  Her bank account is near zero as she spends the only dollars left fighting for her dad against his conservator and legal guardian.  This week she received a petition against her home.  She co-owns a condo with her dad, and they want it.  By technicality, they have that legal right.

My jaw is dropped and I have a perpetual pit in my stomach.  I fear for her but I also tread with caution.  Is this real?  Lilly keeps saying it feels like a movie, when I remember… I’ve seen this movie.

I Care a Lot, starring Rosamund Pike, dropped on Netflix in 2020.  It is a horror movie veiled by black comedy.  How many more horrors could we take in 2020?

The IMDB logline is “A crooked legal guardian who drains the savings of her elderly wards meets her match when a woman she tries to swindle turns out to be more than she first appears.”  It does not say “Based on a True Story.”

Was my old friend, Lilly, feeding me a story?  We don’t live in the same state and haven’t seen each other in a while.  Was she plugging a controversy into ChatGPT and reading it back to me?

As a writer and content producer, I attempted to write a memoir treatment to help her expose this life-altering story.  We talk for hours and hours each week.   The transference of fear I have includes the sit down with my parents and the countless speculation, anger, and sadness my husband must endure.

In 2021, Esquire quoted J Blakeson, writer and director behind I Care a Lot. “The idea first came when I heard news stories about these predatory legal guardians who were exploiting this legal loophole and exploiting the vulnerability in the system to take advantage of older people, basically stripping them of their life and assets to fill their own pockets.”

This is real, and yet, I had a hard time suspending my disbelief.  I ignorantly believed the world was just.  Scratch the silver screen.  This is happening, and hiding, in plain sight.

Lilly told me about her struggle to find a lawyer to help her.  Criminal law would not touch her case.  Everyone pointed to elder law.  She followed their advice and held confidential consultations with three elder law attorneys, but no one took her case.  Instead, one took that information and colluded with her sibling to take action on her father’s estate.  The first lawyer nominated the second one to represent her father’s temporary legal guardian and conservator until the third was nominated to be his permanent conservator.  By the book, any court-appointed justice would deem this is as unethical.  100 percent a violation of the lawyer-client code.  But this crime is layered and seems to be protected by the courts.  But we must swear and solemnly affirm that what we shall state shall be the truth, the whole truth, and nothing but the—

They took the very truths and words against her.  Framed Lilly as the abuser and the reason her father should be under a legal guardian.  While having their cake and eating it too, they rarely know the life inside of a jail cell, or a life removed of agency.  God bless we live to an old age, but god be damned if we get taken by this scandal.  That our lives can be stolen, frozen, and drugged.  For profit.

I went into research mode.  I found several documentaries and news stories attempting to blow the whistle. Mickey Rooney produced a documentary on elder guardianship and exploitation in 2012 called Last Will and Embezzlement.  Headlines pick up the Wendy Williams conservatorship daily.  The #FreeBritney Campaign was a viral sensation.  Mad in America has an informative interview, “’A Playground for Predators’: Diane Dimond on The Abuses of Guardianship.”  Dimond includes too many true stories on the topic, and lists many resources and knowledge to help blow the whistle.

In 2018, true crime director Billie Mintz released The Guardians, an expose on a legal kidnapping business in Nevada.  I had a visceral reaction.  The lawyers, the courts, the nursing staff, and the victims spit lyrics verbatim of what Lilly had told me.  I cold-called the Mintz.

I’ve worked in non-scripted and editorial television since the early aughts.  I pitched my credits in hopes of verifying my ethical intent for a call.  He offered a time for the three of us to speak.

The film exposes a trillion-dollar business.  An unjust common practice that is duplicitously supported and enforced by so-called legal practices.  “Do not go to the courts,” he said on our call.  “They are in on it.”  In the deep waters of directing The Guardians, Mintz learned elder law, and the injustice and inhumane practice of legal guardianship is a calculated effort by the court, the attorneys, and the healthcare system.  He said he entered this world as I did, with reluctance and skepticism.  He could not accept this corruption as fact.  There had to be a catch.  A victim exposed why we cannot imagine these injustices to reach far and wide.  “I had to learn.  There is no universal moral code.”  I’ve been playing those words on repeat daily.  There is no universal moral code.

Lilly told Mintz her backstory.  Her father was very successful and owned many commercial and residential properties.  Her mother passed not long before and he was grieving the loss of a marriage lasting half a decade.  She and her sibling were estranged.  She was appointed, by her father, as power of attorney and health proxy if in the event it was needed.  Her sibling served her papers to remove her titles and take control of her father’s assets.

Between her sibling and a ring of lawyers, blessed by the judge again and again, her father’s financials were compromised and now out of his control. The lawyers found doctors who would willingly sign false statements that he was unable to take care of himself, and they made untrue and harmful claims that Lilly was unable to care for him.  One attorney drugged him to incapacitation so that he was medically unfit to attend the trial.  A judgment can be made without a man in court.

“This is a business.  You are a target.”  Mintz went on.  And I swallowed the harrowing truth.  There is no universal moral code.  He broke down the viciousness of this organized crime and what he learned first-hand while in production.  What is happening to Lilly is textbook.  Play-by-play.  WWE-style blow-by-blow.  The lawyers love it when you push back.  It is a drug.  If it were Vegas, the lawyers would be the house.  You can come to play, but the house always wins.  Lilly remembers a lawyer threatening her: “If you push back, we will ruin you and drain your assets.”

One of the victims in the documentary The Guardians, Julie Belshe, who lost her both of her parents, Rudy and Rennie North to conservatorship, fought tooth and nail to get the District Attorney and the Attorney General to listen, investigate and send their kidnapper April Parks to prison.  She now continues the battle by leading the National Guardianship Liberty Movement.  Belshe confirmed the cycle is a minefield of layering and lawyering.  It is built for you to set off bombs one by one, and the lawyers or the judge step in to provide a solution, one that will then destroy every ounce of faith, every dollar of cash, and every square foot of real estate.

One in ten citizens over the age of 60 suffer elder abuse.  We aren’t expected to retire until 67.  I am not advocating for presidents being at this age, but if they can rule the country, why are our loved ones at such a life-threatening risk?  We work and work and work in the land of the free and the home of the brave to wait for our social security check and now must fear someone taking it from us?  Your golden years ring different when someone else is on the receiving end of your hard-earned cash.

Belshe drew me a diagram and laundry listed the players.  “Everyone is in on it.”  Lawyers, courts, social workers, hospice, doctors, nurses, nursing homes, realtors, rehab centers, and attorney generals.  It goes on.  They wrongfully trick you into legal guardianship, identify vulnerabilities whether a rift in the family or an elder that lives alone, and then attack.  They manage a successful transfer of power to their firm, legally, then reframe your will, your property, your accounts, and your family’s character to their narrative.  They defame and defund you.

“And Lilly’s sibling is a f*cking idiot.”  Belshe said.  “He won’t get a dime.  They are playing him too.”  They spend down.  They bring in a suite of aids, doctors, and physicians that the victim does not need, bill back the hours, generate interest on your money, and liquidate your funds until the elder is on Medicaid.  They accelerate their death and cremate them.

There is no universal moral code.  Just because I am good, and I have empathy, does not mean others do.  It is the removal of our independence—one that this country prides itself on daily.  That which makes us human, more importantly.  Yet, Lady Liberty looks down on us and laughs.

I follow a lawyer/influencer on Instagram/TikTok.  The firm claims to “be different.”  And I’m in too deep not to test the waters.  I emailed them asking for guidance on a case like this.  In under two hours, I received a form letter response.  A form letter I’ve heard Lilly read to me time and time again regarding her quest for help.  After careful consideration….  We regret to…. Seek assistance from a firm that specializes in this type of practice.

The specialists are the enemy.  And I am struggling to find the heroes in this scripted alternate reality.

There are professional criminals in our system who are provided a funded playing field, and sworn into law.  I wish we could tell the whole truth, but this legal mafia is a well-oiled machine, which appears to be veiled and protected by the state itself.

Lilly and I had a call with an acclaimed journalist.  Her take was that American citizens will rally for our elders because we are all destined for their future.  We are in the early stretches of the Silver Tsunami, which is the highest percentage of elders our country has known.  This is the time to knock on the media’s doorstep.  Someone in politics would rally around this during an election year.  (Yet another one in the system capitalizing on this crime.)

Yet we’ve yet to find an investigator to help a family whose monies have been depleted.

We know there is an audience out there.  We are all subject to abuse.  I ask you, rally with us.  Share your common stories and make noise.  Suspend your disbelief and learn secondhand how our country is endorsing terroristic acts against our twilight years.

The United States Senate Special Committee on Aging estimates 1.3 million adult guardianships in the United States and an estimated $50 billion in assets under guardianship arrangements.  Try to remember you are not alone.

You do not need someone to tell you no way, oh my god, I can’t believe it, who would do such a thing?  Find a social support system of others who understand and know this is real.  You need a network that says I know.  This is what we are going to do.

Full Article & Source:
Elder Eyes Wide Shut

3 Yrs. Prison For Stealing $500K From Law Firm Acct.: Nassau DA

Between 2014-2021, Michelle Byrd stole from bank accounts that benefited people with special needs, prosecutors said.

by Jerry Barmash

A Hempstead woman has been sentenced to up to three years in prison for stealing money from a law firm bank accounts, prosecutors said. (Shutterstock)

MINEOLA, NY — A Hempstead woman was sentenced on Friday to one to three years in prison for stealing more than $500,000 from a law firm that was the trustee for bank accounts that benefited people with special needs, prosecutors said.

Michelle Byrd, 55, pleaded guilty on April 29, to one count of second-degree grand larceny and second-degree criminal possession of a forged instrument.

Byrd paid restitution to the law firm for $106,287.02 and judgment orders were issued for the benefit of the law firm of $395,266.41 and $25,000 for the law firm’s insurance company, Nassau County District Attorney Anne Donnelly said.

“Michelle Byrd had a duty as a case manager for seven trusts to protect the firm’s vulnerable clients and manage their finances appropriately and carefully to ensure that their needs were met," Donnelly said. "Instead, this defendant acted only in her own self-interest, stealing hundreds of thousands of dollars from elderly and special needs clients to finance her lifestyle. Her despicable and unconscionable theft forced a wheelchair-bound stroke victim to sell his home because of the financial losses he suffered."

Donnelly said that Byrd worked for a Nassau County-based law firm that manages trusts for special needs clients. An attorney at the firm served as a trustee on trust accounts that supported seven clients and was the authorized signatory permitted to make disbursements and manage the beneficiaries’ bank accounts and transactions. Byrd, a salaried employee, served as a case manager, and was in frequent contact with trust beneficiaries regarding their financial needs, Donnelly said.

From April 2014 to April 2021, Byrd wrote hundreds of checks to herself from seven trust accounts, causing a total loss of approximately $526,553. Byrd forged the signature of the trustee on checks and forged bank statements to conceal the theft, Donnelly said.

"Byrd violated her ethical obligations and the trust of the clients she was supposed to serve and will now forfeit her funds and freedom to pay for her crimes," Donnelly said.

Full Article & Source:
3 Yrs. Prison For Stealing $500K From Law Firm Acct.: Nassau DA

California man accused of attempting to scam elderly Georgia couple out of over $180,000

Story by WSBTV.com News Staff

A California man is behind bars after officials say he tried to scam an elderly Georgian couple out of thousands of dollars.

Perry police officials said after conducting a covert operation, they arrested Gurdev Singh of California and a citizen of India.

According to the investigation, Singh attempted to steal over $180,000 from an elderly Perry couple.

Authorities did not specify how Singh attempted to scam the victims.

Singh was charged with a criminal attempt to commit theft by deception and exploitation of elder persons. He is being held at the Houston County Detention Center. 

Anyone with information regarding this case or similar incidents is asked to contact Detective Ike Wilcox at 478-944-2848.

Full Article & Source:
California man accused of attempting to scam elderly Georgia couple out of over $180,000

Ithaca Woman to Stand Trial for Embezzlement from Vulnerable Adult

LANSING – Today, Cheryl Colburn, 65, of Ithaca, was bound over to stand trial in the 8th Circuit Court in Montcalm County on one count of Embezzlement from a Vulnerable Adult, $1,000 - $20,000, a 5-year felony, announced Michigan Attorney General Dana Nessel. Colburn, who was serving as the professional guardian and conservator of the victim, was charged in July for allegedly keeping the victim’s property for her own benefit.   

Colburn was the adult victim’s guardian and conservator from 2021 until the victim’s death in April 2023. During this period, the Department alleges Colburn took items belonging to the victim, including a utility trailer, an Arctic Cat ATV, and a moped, to her personal residence. These items were allegedly never reported in the accountings required to be filed with the probate court. 

“Guardians and conservators are entrusted with a responsibility to protect and advocate for vulnerable adults in their care,” Nessel said. “Unfortunately, some abuse this position of trust. To prevent such exploitation, it is imperative that closer oversight be placed on guardians and conservators. That is why the Elder Abuse Task Force has advocated for legislation to better safeguard our seniors.” 

Michigan's Elder Abuse Task Force launched in 2019 and consists of more than 55 different organizations in the public, private and nonprofit sections - all working together to combat elder abuse. The more than 100 individuals on the Task Force are divided into seven committees working diligently to accomplish nine initiatives, including requiring certification and training for professional guardians. 

Earlier this year, the Department testified in support of House Bills 4909, 4910, 4911, and 4912, a bill package aimed at reforming Michigan’s guardianship statutes. The Department also supports Senate Bill 656, which would restrict the type of investments a conservator can make with estate property. Additionally, Attorney General Nessel and the Task Force have advocated for legislation to establish family consent laws and PPOs for elder/vulnerable adults, as well as a guardian certification initiative. 

More than 100,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. Michigan residents seeking elder abuse resources are encouraged to call 800-24-ABUSE (22873), or 855-444-3911 to report suspected elder abuse. 

Colburn will next appear in front of Judge Suzanne Hoseth Kreeger in the 8th Circuit Court on September 19 at 8 a.m. 

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Please note: For all criminal proceedings, a criminal charge is merely an allegation. The defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos.

Source:
Ithaca Woman to Stand Trial for Embezzlement from Vulnerable Adult

Cher Ends Conservatorship Battle With Son Elijah Blue Allman

"The parties have privately resolved this matter," a lawyer for the singer said at a hearing Friday

 by Nancy Dillon

Cher has dropped her quest for a court-ordered conservatorship over son Elijah Blue Allman after reaching a private settlement with the only child she shares with the late musician Gregg Allman, a lawyer for the superstar singer told a California judge Friday.

“I’m pleased to report that following a mediation with [two private judges], the parties have privately resolved this matter, and petitioner now wishes to end these legal proceedings,” Cher’s lawyer Gabrielle Vidal told the court. The lawyer said Cher wished to dismiss her petition without prejudice, meaning she would reserve her right to file it again if needed. It was last December that Cher first sought conservatorship control over Elijah’s finaces, claiming it was “urgently needed” to protect him. In court filings, she said her son was “currently unable to manage his assets due to severe mental health and substance abuse issues.” 

Asked by the court Friday if he was in agreement with Vidal’s statement that the matter had been settled, Allman’s lawyer, Steven K. Brumer, answered, “Most definitely.” 

“I don’t have the documents, but I can accept your representation on behalf of your client that she seeks to withdraw the petition. I will deny the petition without prejudice,” Los Angeles County Superior Court Judge Jessica Uzcategui said. “Congratulations to all of you, and take care.”

After the ruling, Allman’s law firm, Cage & Miles, issued a statement: “This outcome allows the parties to focus on healing and rebuilding their family bond, a process that began during mediation and continues today.”

Neither Cher nor Allman appeared during the quick hearing held in a courthouse in downtown Los Angeles. It was back in May that they agreed to “pause” their public court battle and try to resolve their dispute behind closed doors.

At an initial hearing in the case last January, Cher’s legal team asked for an emergency ruling granting control over Allman’s finances ahead of an expected distribution from his father’s estate. It was denied on the basis that Allman deserved more time to review and respond to his mother’s claims. Cher appeared by video at a follow-up hearing three weeks later but was again denied conservatorship powers pending a larger hearing. 

Allman, 48, attended both hearings in person and objected to his mom’s petition. At a third hearing in March, Cher was granted a delay to gather medical records. Her lawyers said she was willing to pay for private mediation in the meantime if Allman would agree to participate. “Cher would very much would like the opportunity to make sure she’s taken every possible step to try to resolve this informally,” Vidal told the court.

Cher’s lawyers said she genuinely feared for her son’s safety because his battle with addiction was compounded by a mental health diagnosis that “leads to periods of psychosis.” Vidal said Allman had been placed on involuntary hospital holds multiple times, including in September 2023. The lawyer said Cher was terrified that her son’s “life is at risk,” and that he was too vulnerable to safely manage the estimated $120,000 he receives each year as his inheritance. 

“The concern is that if he gets this distribution into his hands, and during a period of stress, that that will lead to the drug use. This proceeding was filed because Cher was told unequivocally by the doctors treating him, that if she did not take this step as his mother, the concern was that he would once again end up on the street,” Vidal previously told the court.

“I don’t question the motivation behind Cher’s request as having been driven by concern for her son,” Judge Jessica Uzcategui said in January. “And I understand the perhaps overlapping issues with respect to substance abuse and mental health that have affected the proposed conservatee in the past. I don’t think he questions that either. I see a lot of acknowledgment of that in some of the paperwork,” the judge said. But concerns are not “sufficient evidence,” she said as she denied Cher’s emergency requests but did not dismiss the underlying petition. 

In court filings, Allman admitted his struggle with addiction but said he tested negative for drugs and alcohol in a series of voluntary tests in January. He told the court he had rented a new residence and was in the process of hiring a business manager. “In the two weeks since the initial hearing, I have been successfully managing my income and expenses and have refrained from the use of illicit substances that have historically caused the incidents that have given rise to my mother’s concern,” Allman previously wrote. “I am doing well and do not need the help that my mother is offering.”

Throughout the case, Cher and her lawyers said she only wished to protect her son. “Petitioner has worked tirelessly to get Elijah into treatment and get him the help he needs,” her initial filing said. “Petitioner loves Elijah immensely and has always acted with his best interests in mind.”

Full Article & Source:
Cher Ends Conservatorship Battle With Son Elijah Blue Allman

See Also:
Singer Cher Agrees to 'Pause' Fight to Place Troubled Son Elijah Allman Under Conservatorship After He Demands Sanctions Over Subpoenas

Cher’s Son Argues She’s ‘Unfit to Serve’ as His Conservator

Cher dealt another blow in her request for temporary conservatorship over her son

Look, I Don't Need Conservatorship ... Plenty Reasons Why!!!

Cher Files for Conservatorship of Son Elijah Blue Allman

Elijah Blue Allman Contests Cher's Request for Conservatorship

Cher's Son Elijah Blue Allman Looks Clean-cut in First Sighting Since Conservatorship Victory