Courts Appoint Special Counsel to Oversee Reform of New York’s Troubled Guardianship System

Judicial leaders in New York created two new oversight positions as they work to reform the state’s guardianship system. The personnel additions follow a ProPublica investigation that spotlighted lax monitoring of court-appointed guardians.

by Jake Pearson

New York’s top judicial leaders are moving to reform the state’s troubled guardianship system after a ProPublica investigation found lax monitoring allowed court appointees to abuse and neglect the elderly and infirm New Yorkers they were supposed to protect.

The renewed attention will come from two newly created positions in the state court system: a special counsel for guardianship matters and elder justice, who, according to a spokesperson, will focus on “reform efforts of the statewide adult guardianship system”; and a so-called statewide coordinating judge.

More than 28,000 New Yorkers are under the care of court-appointed guardians, charged with managing the affairs of people deemed incapable of caring for themselves. Under state law, guardians can control their wards’ finances and health care and are paid for their services from their charges’ funds. But as ProPublica reported this year, court oversight of these officials is threadbare. In New York City, for example, there are just over a dozen judges and 157 court examiners responsible for overseeing the guardians and ensuring the welfare of 17,411 people.

Advocates say those most vulnerable to abuse and neglect are the so-called unbefriended — the New Yorkers who have no friends or family able to look after them. An internal court assessment obtained by ProPublica estimated that they account for 20% of all wards statewide. No single government agency provides for their care. The courts have long relied on a small network of nonprofits and professional guardians for these low- and no-fee cases.

The shallow pool of providers, coupled with too few court examiners to oversee guardians’ work, has led to neglect, exploitation and abuse. A woman featured in ProPublica’s reporting lived for years in a home that had no heat and was infested with bedbugs and rats — conditions her legally appointed guardian did not rectify and her examiner did not question. Another 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.

After ProPublica sent questions about that guardian’s conduct to the court system, a court spokesperson said an inspector general had opened an investigation into the allegations. The spokesperson didn’t provide any further details.

The court system’s actions come as advocates press local and state officials to buoy the guardianship system that they say cannot keep pace with the demand for services, especially among the elderly, which is the fastest-growing age group in the state. Advocates told lawmakers at a New York City Council hearing on elder fraud last week that the current arrangement is unsustainable.

“The chronic lack of available guardians has created an untenable situation,” testified Jean Callahan, who chairs a group of judges, lawyers and others involved in the guardianship system called the Working Interdisciplinary Networks of Guardianship Stakeholders, or WINGS. “We’ve created an unfunded mandate in New York.”

Callahan was among a half dozen professionals who urged the City Council to pass a resolution calling on state leaders to create a publicly funded system. The bill’s author, City Councilmember Crystal Hudson, drafted the measure in response to ProPublica’s reporting. “Now is the time for Gov. [Kathy] Hochul to take action, to strengthen our guardianship system by instituting a public fund to compensate guardians in order to safeguard vulnerable New Yorkers in need of protective arrangements,” Hudson said during the hearing.

Her bill endorses a $15 million annual appropriation that would support a network of nonprofits that cater to the poorest of the unbefriended. Guardianship Access New York, a coalition of nonprofits that drafted the proposal, sent a letter last week to Hochul and other top state officials urging them to fund the initiative, which is supported by roughly two dozen community groups, including AARP New York.

Another plan, suggested by an advisory committee to the state court system, goes much further. It proposes creating an independent statewide agency to serve as a guardian for those who have nobody else, an endeavor that the group estimates would cost $72 million annually to staff.

State Sen. Cordell Cleare, who chairs her chamber’s Committee on Aging, said in an interview that she supports overhauling the guardianship system, and she has endorsed the more modest proposal to help nonprofits care for the unbefriended statewide. “From everything I’ve looked at and weighed, I think it’s the right thing to do,” she said.

But it’s not clear whether Hochul and the state’s legislatives leaders agree. While they’ve acknowledged the need to care for the state’s growing aging population, none have specifically commented on the problems in guardianship highlighted by ProPublica or advocates’ proposed fixes. Any reform efforts would go through the Senate and Assembly judiciary committees, but neither chair responded to requests for comment for this story.

In a statement, a spokesperson for the governor said Hochul will review budget proposals “in January, as required by law.”

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Courts Appoint Special Counsel to Oversee Reform of New York’s Troubled Guardianship System

Trenton Police warn residents of scam calls from impostors posing as utility staff

The Trenton Police Department is alerting residents to an increase in scam calls involving utility impostors. These callers pose as utility representatives and inform residents that their utility bills are unpaid, warning them of imminent service disconnection.

Residents are strongly advised to safeguard their personal and financial information. The department emphasizes that individuals should not disclose sensitive details over the phone unless they first verify the legitimacy of the call by contacting their utility company directly. This precaution helps prevent fraud and potential financial exploitation.

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Trenton Police warn residents of scam calls from impostors posing as utility staff

Emergency Petition Seeks to Expedite Conservatorship for CEO of Nursing Home Giant Life Care Centers

By Amy Stulick

An emergency petition on Tuesday was filed to expedite the conservatorship action brought by the son of Life Care Centers of America CEO Forrest Preston, as other executive members cited year-end obligations.

Preston’s son, Aubrey B. Preston, should be appointed as his conservator on an emergency basis, executives said, due to the critical and time-sensitive needs of Tennessee-based nursing home operator Life Care and its affiliates. Forrest is incapable of attending to his duties as CEO in his disabled status, the executives allege in the court filings.

The son is requesting limited powers necessary to protect his father’s health, safety and welfare. And, in consultation with Life Care President Todd Fletcher and CFO Steve Ziegler, the younger Preston is seeking to make all decisions for Life Care and its affiliates that his father made in his leadership roles.

“[Forrest] is often the sole decision maker for essential business decisions or sole authorized signatory for essential documents,” Ziegler said in the court filing.

A new court date of Nov. 12 was set to hear the emergency request, while a hearing on the original petition was scheduled for mid-January. The action seeks a 60-day appointment in line with the maximum under Tennessee law until the January hearing, according to a report from the Chattanooga Times Free Press.

Fletcher said that despite Forrest’s current roles with Life Care and its affiliates, he neglected his responsibilities by often being absent for weeks if not months on end.

“Forrest’s extended absences have occurred even when pivotal action items were required of him, including [failure] to timely execute loan documents that almost caused the default of an over $100,000,000 loan on one occasion,” Fletcher claimed in court documents.

Personal observations by Ziegler and Fletcher indicate that Forrest Preston is mentally disabled and can no longer understand basic business issues. The executives don’t believe he has the capacity to understand and execute legal documents on behalf of Life Care and its affiliates, according to court documents.

Ziegler and Fletcher said in the court documents that they believe Forrest no longer comprehends even some of the more basic aspects of Life Care and its affiliate operations.

“He, in fact, regularly exhibits confusion about routine matters in his daily life that are far less complex than the business issues he contends with at Life Care and its affiliates,” said Ziegler.

Significant business decisions on the immediate horizon for Life Care include loan renewal documents and vote equity shares to guide the businesses’ direction, court documents show.

Ziegler pointed to year-end tasks that need to be completed. The team can’t wait for January to take action, he said.

Aubrey noted that his father may be a potential flight risk as Forrest’s wife, Kim Nguyen Preston, asked an employee of the nursing home company to begin the process of renewing a passport for Forrest, according to court documents.

Life Care’s executive team is concerned that Nguyen Preston may terminate key employees of Life Care in retaliation as well.

Court filings allege the wife and her siblings also engaged in conspiracy and civilly aided one another in misappropriating Forrest’s assets, citing violations of the Tennessee Adult Protection Act. The filing also claims that since marrying in 2018, Nguyen Preston has progressively isolated Forrest from his family and friends.

The complaint suggests that instead of protecting him, Nguyen Preston and her family unlawfully enriched themselves, acquiring significant real estate and cash.

The older Preston is being asked by a county judge to submit to two medical examinations within 10 days amid the conservatorship petition.

Full Article & Source:
Emergency Petition Seeks to Expedite Conservatorship for CEO of Nursing Home Giant Life Care Centers

See Also:
Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

‘Disabled’ Life Care Centers owner resists medical, competency tests, son applies for emergency conservatorship

by James M. Berklan

Amid fears his third wife is planning to take him out of the country, the billionaire owner of Life Care Centers of America is now the subject of an emergency conservator request from a son who wants some control over his “disabled” 91-year-old father.

The request in a Tennessee court comes less than a week after Aubrey Preston first asked a judge to intervene on behalf of his father, Forrest Preston, whom he claims has been increasingly isolated and abused by his wife and her siblings since their “secret” marriage six years ago.

It followed the discovery that Forrest’s wife, Kim Phuong Nguyen Preston, had entered company headquarters in Cleveland, TN, late at night for no apparent business purpose less than 48 hours after the initial conservatorship request was filed Oct. 29.

Kim also asked Forrest’s personal assistant at the company to help renew his passport and help get her son a passport.

The emergency appeal, which was filed Monday, included sworn affidavits from Life Care’s president and its CFO, who each testified that Forrest has been missing from company work for weeks or months at a time and is “mentally disabled” and unable to make important decisions.

The result has put Forrest’s health, and that of the company, at great risk, they contend in Monday’s Bradley County Chancery Court filing.

Forrest Preston founded Life Care in 1970 and remains its CEO, board chairman and sole owner. His net worth was estimated by Forbes at $1.2 billion last year.

Life Care consists of more than 200 skilled nursing facilities and assisted living communities in 28 states and has more than 30,000 employees.

Pivotal hearing

A hearing has been set for Nov. 12, at which time Aubrey Preston hopes to be named his father’s conservator, or financial overseer, for up to 60 days. That would bridge the time until a mid-January hearing, which has been set to determine whether more permanent conservatorship terms should be put in place.

After last week’s court filing, a judge assigned a legal guardian to help arrange medical testing for Forrest. Through a long-time friend and business associate, however, Forrest refused to submit to the tests, this week’s filing notes.

When a member of the local media reached him by phone Tuesday, Forrest reportedly vowed he was “here to stay.” He also called his wife “a great class lady” and said he would not “beat up” on Aubrey for filing for conservatorship. 

“We’ll work it out,” he added before cutting off further inquiries, according to the Chattanooga Times Free Press.

Janice Seay, the personal assistant to Forrest Preston, said in her affidavit that Kim asked her to help with his passport renewal after Kim said there was interest in returning to her native Vietnam, possibly to purchase real estate. 

Aubrey Preston has accused Kim Preston, along with her brother and sister who live with the couple in Tennessee, of improperly influencing his father to transfer millions of dollars in cash and US real estate to them.

“Forrest is mentally and physically disabled. Without an emergency conservator in place, there will be substantial harm to his health, safety, and welfare as he is vulnerable, including to Kim [and her sister and brother’s] schemes,” wrote attorney Gary R. Patrick in Monday’s filing.

Life Care Centers President Todd Fletcher, who is also a nephew of Forrest Preston, and CFO Steve Ziegler, said via affidavit that Forrest “no longer comprehends even some of the more basic aspects of Life Care and its affiliates’ business operations.” They also described “confusion about routine matters in his daily life.”

“I do not believe that Forrest has the capacity to understand and execute legal documents on behalf of Life Care and its affiliates,” each testified.

Since Kim allegedly has Forrest under her control, each also said they feared that she would “retaliate” against them and other key employees leading to a loss of “essential leadership and crippling operations.”

“Kim’s disruptions of the business of Life Care and its affiliates is devastating to employee morale and operations,” they added.

Also included in the emergency filing was an affidavit from a neighbor of one of Forrest and Kim’s properties, who said it has uncharacteristically gone into disrepair from neglect and has been frequented by vagrants. Upon talking with Forrest about these conditions, the neighbor said he did not appear to understand the conversation — “he simply was not there.”

Attempts to reach Kim and Forrest Preston Wednesday were unsuccessful.

In his emergency conservator request, Aubrey Preston has asked for “limited powers to protect his father’s health, safety, and welfare in the interim.” That would include assuming his father’s decision-making powers as head of the company, in consultation with LCCA President Fletcher and CFO Ziegler. 

He also would acquire control over his father’s passport and, in consultation with the court-appointed legal guardian, would hold sway over any desired expenditures above $25,000. 

Aubrey and his agents also would be able to investigate Forrest’s assets and any transfers made from him or LCCA to Forrest, his wife or her relatives, or anyone else who has received more than $50,000 in value, during the last two calendar years.

Full Article & Source:
‘Disabled’ Life Care Centers owner resists medical, competency tests, son applies for emergency conservatorship

Judge Admits to Judicial Misconduct as Charged, but Denies Willful Misconduct

Respondent counsel for Chatham County Probate Judge Thomas C. Bordeaux Jr. disagreed the jurist's conduct "amount[ed] to willful misconduct in office; a willful and persistent failure to perform the duties of office; and conduct prejudicial to the administration of justice which brings the judicial office into disrepute."

by Cedra Mayfield

What You Need to Know

• Chatham County Probate Judge Thomas C. Bordeaux Jr. answers judicial misconduct charges.
• Judicial Qualifications Commission of Georgia announced 10 counts of formal judicial misconduct charges against Bordeaux in October.
• Bordeaux has retained Cartersville attorney S. Lester Tate III and Atlanta attorney W. Matthew Wilson as respondent counsel.

A Georgia judge accused of failing to timely issue final orders in at least nine probate cases has responded to judicial misconduct charges launched against him by the Judicial Qualifications Commission of Georgia.

Unlike many other judges who've come under fire, Chatham County Probate Judge Thomas C. Bordeaux Jr. has admitted to the bulk of the allegations charged against him.

However, respondent counsel for the jurist challenge the judicial watchdog's conclusion that Bordeaux's conduct amounts to willful misconduct that's prejudicial to the administration of justice.

Code of Judicial Conduct Violations

According to formal charges announced by JQC Director Courtney Veal and Deputy Director Ashton Murphy on Oct. 3, Bordeaux failed "to fairly, promptly, and efficiently dispose of" at least nine probate cases before him since 2017.

The 10-count charging document alleged Bordeaux violated at least two Code of Judicial Conduct rules, one of them repeatedly. (click to continue reading)

Full Article & Source:
Judge Admits to Judicial Misconduct as Charged, but Denies Willful Misconduct

See Also:
Chatham County Probate Judge under State investigation

Abdicated Authority: How We Fail Conservatees

Author(s): Nicolas Badre, MD,Alex V. Barnard, PhD 

Key Takeaways

• California's homelessness crisis and misuse of conservatorship highlight the complexities of involuntary psychiatric care, with recent legislative efforts expanding treatment criteria.
• The debate on involuntary treatment focuses on balancing life-saving care and civil liberties, with both sides agreeing on the importance of law application over wording.

SHOW MORE

How can we ensure an accountable, effective, and limited conservatorship system? Here are some actionable concepts.

BillionPhotos.com/AdobeStock

States began reforming their laws on involuntary mental health treatment to put an end to indefinite commitments 70 years ago, yet there is still no consensus on when involuntary treatment works, for whom, and to what it is needed. The binary debate on the necessity or harm of involuntary treatment has often overshadowed pragmatic solutions. Here we focus on actionable concepts that involve a greater role for government in ensuring an accountable, effective, and limited conservatorship system.

California encapsulates many aspects of the broad debate concerning involuntary psychiatric care. The state faces a significant homelessness crisis, characterized by political desires to utilize mental health services to address the perceived nuisance of homeless individuals, particularly those using substances in public. It is also notorious for controversies surrounding the misuse of conservatorship to restrict liberties, as highlighted by the high-profile case of Britney Spears,¹ and farther back by the case of Brian Wilson.²

In recent years, the state has moved aggressively to expand the use of involuntary treatment. As Governor Gavin Newsom declared, “We know what it takes to help people with mental illness out of the shadows and out of encampments—housing and treatment. It’s time to go big and reform the system.”³ This vision is exemplified by Senate Bill 43 in 2023, which made substance use disorders eligible for conservatorship and expanded the definition of “grave disability”—the key criterion for conservatorship—to include an inability to provide for personal safety and medical care (alongside food, clothing, and shelter).

Diagnosing the Problem

Proponents of expanding involuntary treatment argue that it provides life-saving care for individuals who are unable or unwilling to consent to treatment, and who might otherwise wind up incarcerated, homeless, or dead. Opponents argue that forced treatment is traumatic and that the needs of individuals with serious mental illnesses are best met through voluntary services, independent housing, and peer supports. Both sides of this debate, however, seem to agree that the specific wording and structure of commitment laws is impactful and worth fighting over.

We argue that problems in the current conservatorship system are more related to implementation than the wording of the law. The landmark Supreme Court decision in O'Connor v Donaldson (1975) established that the state “cannot confine a non-dangerous individual who is capable of surviving safely by himself or with the help family or friends.”⁴ Yet law enforcement, inpatient psychiatrists, judges, and public guardians define “grave disability” differently.

Emphasis should be placed on the consistent and fair application of current laws. Multiple attempts at changing conservatorship laws in California have had little impact. The vehement debates about precise wording of involuntary laws are less important than how they are applied by stakeholders, “you would be hard-pressed to find anything resembling a strategy for how judges, clinicians, or bureaucrats should be using the law as written.”⁵

Each of the actors involved in the continuum of conservatorship can effectively block someone from advancing on the pathway to the conservatorship, none of them can ensure that a person who needs it gets it or ensure that other actors deliver quality care. Furthermore, the fragmentation hinders adequate evidence to be disseminated rendering each participant with inadequate information to evaluate the need for conservatorship.

While conservatees are legally required to be in the least restrictive setting, many linger inappropriately in locked facilities because step-down programs are mostly private and screen out those with criminal justice history, substance use, or comorbid medical issues.

Because of a lack of state guidance or evaluation, there are no clear outcome measures for conservatorship, meaning that conservatees in some counties of the state rapidly cycle on and off conservatorship while others are left on conservatorship, with the important civil liberties restrictions it entails, for life. These problems stem not from commitment laws but the way the state has effectively “abdicated authority” over them: declining to use its regulatory and financial levers to provide direction to the conservatorship system.

Proposals for Improvement

Data Collection

While both sides agree the current system is dysfunctional, we lack the basic data needed to assess the nature and scale of that dysfunction. Lee and Cohen highlighted significant limitations in the reporting of civil commitment across the United States, finding that only 25 states offered a publicly-available count. As they point out “without accurate incidence estimates, links to potentially contributing and consequent factors of civil commitment cannot be reliably assessed.”⁶ It is antithetical to science to discuss the necessity of more or less civil commitment without knowing how much civil commitment is currently being performed and for what reasons. An absence of baseline data also makes it impossible to assess whether changes to commitment laws actually change the number of commitments, much less improve outcomes.

Oversight Enhancement

Clinicians often resist oversight, fearing their expertise and morality are under scrutiny. Clinicians in California are familiar with vigorous public defenders representing clients in conservatorship hearings who challenge their diagnosis, the veracity of hearsay from family members, and the treatment team's ability to predict the future. However, oversight could encompass various aspects that benefit both providers and the people they serve, such as:

• Providing training and guidelines to ensure that the multiple actors in the conservatorship system (physicians, law enforcement, judges, public guardians) define criteria in a way consistent with evidence about who is most likely to benefit from conservatorship.
• Ensuring that local mental health departments provide adequate reimbursement to ensure that mandated services are available for individuals under conservatorship. Without such measures, private hospitals are deincentivized to adequately treat individuals.
• Counterbalancing reimbursement, for-profit programs must be overseen to curb excess on the inappropriate use of involuntary programs. Recent reporting shows how major hospital chains twist criteria to extend inpatient stays.⁷
• Safeguarding against for-profit programs selecting only the most cost-efficient admission by creating requirements of admission or providing a safety net of public institutions.

When California closed its Department of Mental Health in 2012, it left a significant oversight void that remains unaddressed. The state needs to have dedicated leadership specifically focused on regulating the conservatorship system.

Funding for Appropriate Placements

Contrary to popular folklore, California has a high rate of involuntary treatment—nearly 500 involuntary holds per 100,000 annually compared to less than 200 in Texas,⁶ or European countries like France and England.⁸ Despite this, the state only had about 5000 conservatorships in 2018,⁹ compared with over 100,000 individuals on emergency holds that year. The real bottleneck is not the availability of acute psychiatric beds, then, but placements afterwards. Locked, sub-acute mental health rehabilitation centers are in such high demand that they can afford to be selective, leaving many patients without placement options. Patients are thus subjected to either inappropriate, long-term hospital stays or discharged rapidly, contributing to the revolving door phenomenon. Focusing investments to ensure patients can step down to less restrictive levels of care can avoid both the expense and civil liberties concerns of expanding inpatient placements.

Concluding Thoughts

Seventy years ago, societal measures led to the closure of state hospitals and a shift in the care of individuals with severe mental illness. Today’s system relies heavily on short-term involuntary holds without effectively transferring patients to lower levels of care, resulting in high readmission rates. The current fragmented, complicated, and unregulated system fails to achieve the goals of both proponents and opponents of involuntary treatment. In other domains, like corrections, such poor data and oversight would be deemed unacceptable. Ultimately, the states have failed to fulfill their roles by “abdicating their authority” and leaving implementation up to individual courts, hospitals, and clinicians. Effective measures to increase accountability would benefit both sides of the debate on involuntary care.

Dr Badre is a clinical and forensic psychiatrist in San Diego. He teaches medical education, psychopharmacology, ethics in psychiatry, and correctional care. Dr Badre can be reached at his website, BadreMD.com. Dr Barnard is an assistant professor of sociology at New York University. His research examines decision-making in public mental health care in France and the United States.

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Abdicated Authority: How We Fail Conservatees

Roosevelt man indicted for manslaughter in mother’s death; sister charged with elder abuse

MINEOLA, N.Y. — A 65-year-old man from Roosevelt has been indicted on manslaughter charges in connection with the death of his 85-year-old mother, while his sister faces charges for alleged abusive acts toward their mother in the weeks prior to her death, Nassau County District Attorney Anne T. Donnelly announced.

Michael Rainford McDougall is accused of placing his mother, Carmel McDougall, in a headlock and swinging her, causing her to fall and suffer a severe head injury that ultimately led to her death. McDougall, her primary caregiver, has been charged with Manslaughter in the Second Degree, among other felonies, after video footage reportedly captured the incident inside their home. His sister, Nichole McDougall Mullings, is charged with Endangering the Welfare of an Incompetent or Physically Disabled Person for allegedly physically restraining and threatening their mother on two occasions.

According to DA Donnelly, McDougall was arraigned on charges of Manslaughter in the Second Degree, Endangering the Welfare of a Vulnerable Elderly Person, Criminally Negligent Homicide, and additional counts of Endangering the Welfare of an Incompetent or Physically Disabled Person. He pleaded not guilty, and his bail was set at $250,000 cash, $500,000 bond, or a $1 million partially secured bond.

Mullings, 55, was arraigned on two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person and was released to pre-trial services. Both defendants are scheduled to appear in court on November 22, 2024.

Prosecutors allege that on September 12, police responded to a wellness check at the family’s Hudson Avenue home, where they found Carmel McDougall unresponsive. Video footage from the home’s internal NEST cameras reportedly showed Michael McDougall putting his mother in a headlock and swinging her, causing her to fall and hit her head on the floor. As she lay injured, McDougall allegedly threatened her to get up.

Carmel McDougall was transported to Mount Sinai South Nassau Hospital, where she was diagnosed with a catastrophic brain bleed. She was placed on life support and later died on September 18.

Additionally, on August 30, Mullings allegedly restricted her mother’s movement and breathing on two separate occasions, acts also captured on video, according to the DA’s office.

DA Donnelly condemned the alleged actions of both siblings, stating, “Frustrated with their 85-year-old mother’s declining health, Michael McDougall and his sister, Nichole McDougall Mullings, allegedly took their anger out on her with physical violence and threats.” She added, “Carmel McDougall’s son and daughter failed her when she needed them most.”

If convicted, Michael McDougall faces up to 19 years in prison, while Mullings could face up to 1-1/3 to four years.

Full Article & Source:
Roosevelt man indicted for manslaughter in mother’s death; sister charged with elder abuse

Hellertown woman found guilty in financial exploitation of mother, authorities say

By  Pamela Sroka-Holzmann

A Hellertown woman has been convicted of financial exploitation of her 86-year-old mother’s estate.

Alyssa Ann Piazza, 54, of the 1600 block of Oakridge Lane, on Friday was found guilty by a jury of two counts felony theft, felony neglect of care of a dependent person, felony forgery, abuse of a care dependent person and misdemeanor communication of lewd, threatening or obscene language.

The verdict was announced Tuesday morning by the Northampton County District Attorney’s Office. 

Piazza scheduled to be sentenced Dec. 12.

George Nassif, the public defender representing Piazza, couldn’t immediately be reached for comment Tuesday morning.

Northampton County District Attorney Stephen Baratta, who prosecuted the case, said he was thankful to the jury for its “careful consideration of the facts and the rendering of an appropriate verdict.”

He warned losses associated with the financial exploitation of older adults exceeds $3 billion annually.

“The statistics also bear out the high prevalence of social isolation, cognitive impairment, and the existence of a relationship of expected trust between the victim and perpetrator often renders these adults uniquely susceptible to financial exploitation,” Baratta stated in a news release.

Authorities said Piazza misused a power of attorney and left her mother homeless as she diverted her mother’s entire financial estate and sold her home of 27 years.

The woman in August 2022 reported verbal and mental abuse to the Lower Saucon Police Department.

She told investigators Piazza and her husband moved in with her at her Mansfield Street home in 2015. She suffered an illness two years later and placed Piazza in control of her affairs, according to court records.

The woman reported being shoved and dragged by Piazza, and called derogatory names. Piazza withheld food from her and threatened her if she reported the treatment, court records state.

Piazza was found by police to be stealing the vicim’s prescription medication in August 2022 after picking it up from an area pharmacy.

Piazza additionally stole hundreds of thousands of dollars after selling the victim’s home and transferred the cash into her own bank account, authorities said. 

Piazza then posted photos on social media illustrating the newfound wealth, court records state.

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Hellertown woman found guilty in financial exploitation of mother, authorities say

'I can't wait for you to die soon!' Tennessee nursing assistant charged with elder abuse

by WTVC

CHATTANOOGA, Tenn. — A certified nursing assistant threw a 90-year-old Alzheimer's patient out of a shower and started beating him, saying "I can't wait for you to die soon!" according to Chattanooga Police.

The incident happened on Wednesday in the early morning hours at the Ascension Living Valley Residence on Mountain Creek Road, which is a facility for people with Alzheimer's disease.

The victim required two certified nursing assistants (CNAs) to give him a shower, while he was seated in a shower chair.

The other CNA told officers that she and 51-year-old Gary Christopher Crownover were giving the victim a shower when the victim hit Crownover in the face, which knocked off his glasses.

The affidavit says Crownover then

..became very upset and pulled the chair with the victim in it completely out of the shower and then dropped the chair and victim onto the floor. Witness stated Mr. Crownover then hit the victim in the head with closed fist multiple times and then smacked victim in the face with open palm multiple times. Witness stated Mr. Crownover stated "I can't wait for you to die soon" to the victim. Witness stated she was shocked with the incident.

The CNA said she and Crownover then picked the chair and victim up off of the floor and dried him off.

There was blood on a towel from a knee injury the victim sustained during the beating, and he also had redness on his right eye, according to the affidavit.

After putting the victim to bed, the CNA reported what she saw to her supervisor, who immediately called the police.

The affidavit says police were advised that Crownover had been "sent home on suspension" before officers got there.

Authorities arrested Crownover later in the day on Wednesday and charged him with abuse of a vulnerable adult.

We reached out toAscension Living, who tells us via email:

"The health and safety of our residents and associates is of the utmost importance. We take these allegations very seriously and are cooperating with law enforcement officials on this matter. The associate is no longer working and has no access to the facility. We are committed to ensuring a safe environment and remain dedicated to serving the healthcare needs of our community."

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'I can't wait for you to die soon!' Tennessee nursing assistant charged with elder abuse

Man sentenced for stealing over $1.3 from elderly Cherokee County mother

By FOX 5 Atlanta Digital Team

WOODSTOCK, Ga. - A man will spend a decade in prison after police say he stole more than $1.3 million from his elderly mother's bank account.

At a hearing in September, 64-year-old Thomas Glenn North III pleaded guilty to 37 charges including one count of neglect to a disabled, adult, or elderly person; 1 count of exploitation and intimidation of a disabled, adult, or elderly person; and 35 counts of theft by taking.

Officials say they began their investigation into North after a family member discovered that the victim's assisted living facility was evicting her because he hadn't paid her rent.

According to evidence provided by prosecutors during the hearing, North had power of attorney for his mother and withdrew $1.35 million from her bank account and trust fund over three years.

"At a vulnerable time in her life, the victim in this case trusted her son to serve as power of attorney, with the expectation that he would safeguard her finances and well-being," said Deputy Chief Assistant District Attorney Rachel Hines, of the Special Victims Unit, Office of the District Attorney. "Instead, he shamelessly took funds from a family trust, stole the proceeds of her home sale, and completely depleted her life savings, forcing her to rely on the support of other family members."

At the hearing, North's sister told the court how the betrayal had deeply affected her mother's physical and emotional help. 

"Elder abuse takes many forms, including theft. Sadly, this is often a crime that involves family members," said District Attorney Susan K. Treadaway. "What is especially shocking about this case is that this defendant brazenly withdrew thousands of dollars on a regular basis until his mother was left penniless and no longer able to support herself. A lifetime of savings was wiped out in three years."

Following the guilty plea, a Superior Court judge sentenced North to 40 years with the first 10 in custody and the remainder on probation. North will also be required to pay back the funds he took at a rate of $50,000 a year.

North is also forbidden to have any contact with his mother or other members of her family. 

Full Article & Source:
Man sentenced for stealing over $1.3 from elderly Cherokee County mother

Dog groomer arrested for alleged sexual assault on 75-year-old client

Author: Steve Price 

SOLANA BEACH, Calif — Tony Choi has been arrested and charged with elder abuse and sexual assault. 

San Diego Sheriff's deputies say the 52-year-old Solana Beach resident approached a 75 year old woman while she was outside her home near the Torrey Highlands area and asked her if she wanted her dogs washed. Moments later, she invited him inside and that's when they say Choi attacked her.

Fortunately, a caregiver at the home interrupted the attack and Choi ran away. It happened Halloween morning and Choi was arrested later that night outside his home.

Choi is no stranger to law enforcement and CBS 8. We first met him in September 2022, after multiple grooming clients say he not only did a terrible job, but also injured their pet. 

"To see my dog after the fact and she's curled up in a corner and obviously traumatized, I don't even want to think about what happened in that van," David Miner told us back then. 

His golden retriever, Dixie, was in Choi's van for three hours and came out of it in bad shape. 

"It was terrible. It really was."

And Dixie's not alone. Kugle's owner says the Goldendoodle had cuts all over its body, and Toodels left traumatized. 

"Raw skin around his ears and his rectum," said Toodles' owner, Norman Ratner. "Rear end and the underbelly was just raw."

CBS 8 left messages on a phone number we had for Choi and knocked on his door to see if he'd talk about the incident, but he didn't return our call and, with the exception of two dogs that barked as we arrived, no one else was home.

Choi has not faced any criminal charges related to his grooming business because animal control can't prove his actions constituted animal abuse. But CBS 8 has learned he's been arrested several times, including twice last year for allegedly driving under the influence of drugs.

He's currently out of jail on $100,000 bail. He's scheduled to be in court for an arraignment on November 8, 2024.

Full Article & Source:
Dog groomer arrested for alleged sexual assault on 75-year-old client

FRANK'S KEEPSAKES American Pickers star Frank Fritz’s antiques including his motorcycle collection to be auctioned off after tragic death

by Teresa Roca

AMERICAN Pickers star Frank Fritz’s antiques will be auctioned off after he tragically passed away two years after suffering a debilitating stroke.

Frank died at age 60 on September 30 with loved ones, including longtime friend and co-star Mike Wolfe by his side.

Frank Fritz with his motorcycle collection at his Davenport, Iowa farmhouse in 2021Credit: Coleman-Rayner

Frank Fritz's friend said the star's motorcycles will be auctioned offCredit: Coleman-Rayner

Frank was a longtime collector of motorcycles, vintage signs and other antiques, as he even owned antique store Frank Fritz Finds in Savanna, Illinois. 

In an exclusive interview with The U.S. Sun, Frank’s longtime friend Jerry Gendreau revealed what will happen to the American Pickers star's beloved antiques. 

“They’re going to have an auction.

"That’s what I would do because of his fan base, I think he’ll do really, really well with an auction.”

In 2021, The U.S. Sun photographed Frank at his $155,000 Iowa farmhouse in Davenport, Iowa. 

In one of Frank’s outhouses on the property, Frank showed off rows of motorcycles from his personal collection.

Through the years, viewers of American Pickers have watched Frank purchase items from vintage signs to antique mannequins. 

Jerry previously told The U.S. Sun some of the bikes will be displayed at his store.

Frank Fritz Finds is located in the back room of Jerry’s bar, Hawgdogs, in Savanna, Illinois.

Jerry told The U.S. Sun in October, “We have been an antique store for 35 years. We’ll probably continue to be that. 

“We may display motorcycles and choppers that represent Frank. 

“Right now it’s set up as an 1880s general store. Maybe they’ll be bikes on a rack all the way down the center.

"We’re trying to contemplate what other people want me to do.”

Frank Fritz Finds sells small antiques from $35 oil cans to a $30 vintage typewriter. 

Frank wasn’t as involved in the business after he suffered the stroke in July 2022 at his Iowa home.

Frank Fritz was also the owner of many pricy antique signsCredit: Coleman-Rayner

Frank Fritz's store Frank Fritz Finds is located in Savanna, IllinoisCredit: News Enterprises Inc

CONSERVATORSHIP

Frank’s friends filed an emergency appointment of a temporary guardian and conservator for the star on August 18, claiming his “decision­-making capacity is so impaired” from the stroke.  

The conservatorship papers obtained by The U.S. Sun revealed plans for the store during his health battle.

The Initial Plan filed by conservator MidWestOne Bank read, “Mr. Fritz is a well-known collector and has numerous outbuildings full of valuable collections. 

“The conservator has not yet inventoried those items but plans to leave them largely as they are now, with the exception of stocking Mr. Fritz’s antique store in Savanna, IL as needed. 

“Conservator is hopeful [Frank] will be able to participate in selection and pricing of items as he did previously.”

Frank Fritz's Conservatorship

Frank Fritz was placed under a conservatorship in August 2022, just weeks after he suffered a stroke.

• Frank's conservator is MidWestOne Bank and is in charge of his finances
• The bank agreed to invest Frank's money and collections to generate income
• The guardian is his good friend Chris Davis
• Chris is responsible for helping Frank manage his Crohn's disease treatment, go to physical therapy, grocery shop, cook and more day-to-day tasks
• The conservatorship also agreed to help replenish Frank's Iowa antique store, Frank Fritz Finds
• A wheel-chair ramp and more have been installed in his Iowa home under the conservatorship

LEAVING PICKERS

Frank left American Pickers in 2020 to undergo back surgery.

He never returned and was officially let go in 2021, despite fan outrage over the cast shakeup.

Mike's brother Robbie replaced Frank on the show, while Jon "Jersey Jon" Szalay later became a full-time cast member.

Frank revealed his feud with Mike, 59, during an interview with The U.S. Sun in 2021.

Frank said, “I haven’t talked to Mike in two years. He knew my back was messed up, but he didn’t call me up and ask how I was doing. That’s just how it is.

"The show is tilted towards him 1,000 percent. I can’t even bend that far down to show you how much.

"That’s fine. It’s like you’ve got Aerosmith, and there’s Steven Tyler, and he’s the frontman. 

“I found my spot, I’m second and he’s number one on the show. That’s no problem with me, maybe he does have a problem.”

FINAL YEARS

The stroke left Frank wheelchair-bound, as he was in rehabilitation.

“He can walk, but he’s always going to need the wheelchair because he can’t walk long distances,” a source previously told The U.S. Sun in August 2023.

“Basically, you lose motion. He lost motion. A stroke can affect your left or your right side, it affected his right side.”

Jerry previously gave insight into Frank's health struggles in the months before his passing.

“He felt really, really bad," he told previously The U.S. Sun.

"You would go to see him in the nursing home and one-half of his body was completely done. He would lift his arm up and it would just drop.

"That’s got to be tough to be totally bedridden.”

Jerry explained how Frank grew “frustrated” because he “couldn’t come out and say what he wanted to say,” though some days were "much, much better than others.”

“I’ve seen this when people get tired, they get tired. I think if you don’t have the will to live, you won’t," Jerry said.

“I think Frank could’ve lived a lot longer if the will to live would’ve been there.”

Mike and Frank ended their feud during his health issues and reunited over Memorial Day Weekend of 2023.

Mike was by his side in hospice when he passed, along with other loved ones. 

Frank Fritz passed away on September 30, two years after suffering a strokeCredit: American Pickers on The History Channel/Facebook

Full Article & Source:
FRANK'S KEEPSAKES American Pickers star Frank Fritz’s antiques including his motorcycle collection to be auctioned off after tragic death

See Also:
'American Pickers' star Frank Fritz dead at 60

FRANK'S FIGHT American Pickers’ Frank Fritz relies on ‘long-term nursing care’ after stroke as conservator demands access to his funds

Judge Rules On ‘American Pickers’ Frank Fritz Conservatorship

AMERICAN PICKERS STAR FRANK FRITZ'S JUDGE MAKES MAJOR RULING IN DEMAND TO SEAL HEALTH & FINANCIAL RECORDS AFTER STROKE

‘American Pickers’ Frank Fritz Conservatorship In Danger

RIGHT PATH American Pickers star Frank Fritz’s conservator files new financial plan as he recovers from debilitating stroke

American Pickers' Frank Fritz Still Under A Conservatorship, But There's Been An Update

PICKING PRIVACY American Pickers star Frank Fritz’s conservator begs judge to seal his financial records and location amid his recovery

CONSERVATOR CHAOS American Pickers star Frank Fritz’s conservator at risk of removal by judge after star suffers debilitating stroke

PAY UP American Pickers alum Frank Fritz’s conservatorship lawyer demands to be paid $2K for his services in tragic case

Frank Fritz, of 'American Pickers,' under guardianship after stroke

FRANK'S FATE American Pickers alum Frank Fritz’s judge makes major ruling in conservatorship case after star suffers from stroke

Upstate medical billing company owner pleads guilty to healthcare fraud

by Olivia Jaquith

ALBANY, N.Y. (WRGB) — A Plattsburgh man pled guilty Tuesday to healthcare fraud, federal prosecutors said.

According to a release, Scott Newcombe, 40, as part of his plea, admitted that from approximately April 2020 through April 2023, he acted as the office manager and healthcare claims biller for two physicians’ practices in Plattsburgh through a company that he formed, called SJ Healthcare Management Services, LLC. The company reportedly charged a fixed monthly fee, under which prosecutors said Newcombe performed various management, administrative and billing services for the practices.

Prosecutors with the U.S. Attorney’s Office for the Northern District of New York (NDNY) said Newcombe further admitted that he submitted false and fraudulent claims to public and private insurers on behalf of the aforementioned practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.

Newcombe is scheduled for sentencing on Feb. 28, 2025, according to a release. He faces up to 20 years in prison and a term of post-imprisonment supervised release of up to three years.

The Federal Bureau of Investigation (FBI) and U.S. Department of Health and Human Services (HHS) investigated this case.

Full Article & Source:
Upstate medical billing company owner pleads guilty to healthcare fraud

Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

By Zahida Siddiqi

The CEO and sole owner of Life Care Centers of America, Forrest Preston, is facing a conservatorship bid from his son, with the suit raising questions about the future of one of the nation’s largest nursing home providers.

Preston’s son, Aubrey B. Preston, is seeking a court intervention in the matter, alleging in an Oct. 29 complaint filing that Forrest’s wife, Kim Phuong Nguyen Preston, and her family have abused and financially exploited his father.

The older Preston is being asked by a county judge to submit to two medical examinations within 10 days amid the conservatorship petition.

The filing asserts that Forrest’s disabilities have allowed Nguyen Preston’s family to disrupt Life Care’s operations and potentially threaten its financial stability. Allegations include Nguyen Preston’s involvement in board meetings and her intimidation of employees.

The court documents called attention to maintenance delays at Life Care facilities as well as sale or closure of facilities to generate cash and reduce operational expenses from the pandemic through early 2024. Based in Cleveland, Tennessee, Life Care Centers owns or manages nearly 200 skilled nursing. post-acute and Alzheimer’s centers in 26 states, and employs approximately 40,000 individuals. It is one of the nation’s largest privately-owned nursing home chains, contributing to Preston’s estimated net worth of over $1 billion.

“Life Care is undercapitalized with over a hundred million dollars of deferred maintenance, needed facility improvements, and depreciated equipment in need of replacement,” the court filing states.

In an emailed statement to Skilled Nursing News, Life Care Centers of America President Todd Fletcher said, “Regardless of any legal proceedings, Life Care’s leadership and associates both in Cleveland and around the country remain committed to fulfilling their mission of providing excellent care to the residents in the communities they serve,” adding that “Life Care has no further comment at this time.”

Company representatives also confirmed that Forest Preston, who founded Life Care in 1976, remains the company’s current owner, chairman and CEO.

In describing the older Preston as “mentally and physically disabled,” the court filing states that Life Care’s executive team has managed as best they can, but that their authority is limited.

“Forrest’s disabilities have progressed to the point that his behavior is endangering Life Care’s very existence,” the filing states.

The court filing alleges that he is “unavailable to Life Care executives for weeks and sometimes more than a month when key decisions are needed or his signature on crucial documents is required.”

Chattanooga attorney Gary L. Patrick, representing the son, stated in the complaint that “Aubrey no longer had any choice but to seek this court’s intervention, not just for Life Care’s patients and employees, but most importantly for the safety and well-being of his father.”

The complaint alleges that Preston’s current wife, Nguyen Preston, and her siblings engaged in conspiracy and civilly aided one another in misappropriating Forrest’s assets, citing violations of the Tennessee Adult Protection Act. The filing also claims that since marrying in 2018, Nguyen Preston has progressively isolated Forrest from his family and friends.

The complaint suggests that instead of protecting him, Nguyen Preston and her family unlawfully enriched themselves, acquiring significant real estate and cash.

Full Article & Source:
Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

Richard Simmons' Brother Lenny Speaks Out About Legal Battle Over His Estate: 'Contrary to His Beliefs' (Exclusive)

The family of the late fitness icon has responded to a petition filed by Simmons' house manager, Teresa Reveles

By Cara Lynn Shultz

The family of Richard Simmons has replied to a court filing from the late fitness icon’s house manager Teresa Reveles, who claimed she was pressured into giving up her role as “co-trustee” of Simmons’ considerable estate.

In an exclusive statement to PEOPLE on Oct. 30, Simmons' brother Lenny said, “First, I am solely interested in protecting and maintaining my brother’s legacy. It was never my intention to play this out in public, but due to circumstances beyond my control, I have been forced to do so."

The statement continues, "Second, we have filed papers with the court that address and refute what Teresa has claimed. They also provide a brief summary of the reasons I declined Teresa’s request to serve as co-trustee and my concerns about why she is proceeding with this litigation."

Reveles, 73, filed a petition against Lenny, 78, on Sept. 25. In the petition, Reveles stated that after “an open casket viewing of Richard’s body," Lenny and his wife Cathy Simmons “immediately” took her “directly to a meeting … to discuss Richard’s financial affairs.” 

The petition referred to Lenny Simmons' actions as a “nefarious scheme,” with Reveles, who is not a native English speaker, claiming she did not understand what she was signing. She also alleged that Lenny colluded with Simmons' former manager Michael Catalano.

"The criticisms of Michael Catalano are unjustified," Lenny said in his statement. "Michael was Richard’s longtime manager and his friend. Michael worked tirelessly for Richard throughout his life, often without being compensated, and is continuing to do that even after his death. It is a shame that Teresa is attempting to tarnish his reputation and harm his career."

The beloved fitness star died on July 13, two days after he fell in his home. Reveles discovered Simmons unresponsive on his bedroom floor and called 911. His death at age 76 was ruled accidental, the result of “blunt traumatic injuries” he suffered during his fall. 

Tom Estey, longtime spokesperson for the Simmons family, provided PEOPLE an exclusive statement at the time of Reveles' filing, saying Richard Simmons “would be heartbroken to learn of Teresa’s greed and insulted that she would diminish their three decades of supposed friendship in such a public way. Her actions threaten to harm Richard’s incredible legacy, which we are working hard to preserve.”  

Estey's statement continued: “She is a significant beneficiary of his will. She made an informed decision to decline to serve as co-trustee of the estate, which does not affect her status as a beneficiary at all … Teresa’s request to be reinstated as co-trustee was declined because co-trustees must work together in the best interests of the estate, and Teresa has shown by her actions that she does not share those interests." 

In his statement to PEOPLE on Oct. 30, Lenny concluded, "My brother embodied and emanated joy, laughter, and above all, kindness to each other. This litigation, which I did not initiate, is completely contrary to his beliefs and his values. My sincerest wish is that it ends as soon as possible and that we can turn our attention to ensuring that Richard’s positive message continues to be heard by generations in the future.”

Full Article & Source:
Richard Simmons' Brother Lenny Speaks Out About Legal Battle Over His Estate: 'Contrary to His Beliefs' (Exclusive)