‘Long time coming.’ Michigan Senate committee pushes guardianship reform bills forward

By: Heather Catallo , Johnny Sartin

(WXYZ) — Local families have been demanding changes to Michigan’s laws after the 7 Investigators' years-long investigation into the state’s guardianship system. After a vote today, several bills that would reform some of the guardianship rules are as close to becoming law as they’ve ever been.

The bills that moved forward Thursday do not have everything in them that Attorney General Dana Nessel’s Elder Abuse Task Force originally wanted, but experts say the bills are a major step forward in protecting Michigan’s vulnerable adults.

Since 2017, 7 Investigator Heather Catallo has raised the voices of Michigan families who say the state’s guardianship system has devastated them.

“This is not right. This is illegally keeping me. Might as well go to jail, at least I got more people to talk to,” said Gerald Harten, a 77-year-old Vietnam veteran from Macomb County. Harten alleges a court-appointed professional guardian has kept him from his loved ones for months, and says he feels like he’s been kidnapped.

If a judge declares you legally incapacitated, you lose the right to make your own medical and financial decisions.

This is how Gretchen Sommer described losing her aunt and uncle in 2019 to a professional guardian: “Kept them hostage, took them from their families, locked them behind a six-and-a-half- foot privacy fence and just drained their estate.”

 

Today the Michigan Senate Committee on Civil Rights, Judiciary, and Public Safety sent four guardianship reform bills forward to the full senate.

“Family is always held to a different standard when they’re in these roles. Because I continue to fight, press, retain counsel, I have been retaliated against by the courts – told to schedule visits with my own mother in my childhood home that I grew up in for 21 years,” Roslund Harris told state senators during Thursday’s hearing. “No stranger should have priority over family. I pray your hearts are convicted today to pass these bills and go back and amend what we need to do.”

Elder advocates said the bills will add much more due process and help for those facing guardianship, such as making sure your rights are clearly explained to you if someone’s trying to put you under guardianship. They would also beef up the current requirements that a ward can attend their own court hearings, something legal experts say is often ignored.

“These bills are a very, very, very long time coming. And I know we have people here who have been wronged by our system, we have people who have had family members essentially cut out of their lives because of our guardianship system. We’ve had people lose their homes, their freedoms, all because we have an antiquated system that desperately needs reform,” said Rep. Kelly Breen (D-Novi). Breen is one of the sponsors of the legislation.

“We require a court to state on record why a sale of a ward’s property is in the best interests of the ward,” said Senator Stephanie Change (D-Detroit), the chair of the Senate Committee on Civil Rights, Judiciary, and Public Safety, as she pointed out one of many proposed changes.

Despite those reforms, some on Thursday expressed disappointment that the bills do not require professional guardians (guardians with multiple wards who are guardians as a ‘business’) to be certified or have any state oversight.

“The one thing that was probably the most important thing – that should come first -- is these people have to have some place that they register. My gosh, my daughter has to get a license to polish nails. And we’re letting people take over people’s lives,” said Sen. Ruth Johnson (R-Holly).

“The [bills] are not perfect by any means, but they are good and they are absolutely better than what we have. The status quo not acceptable,” said Rep. Breen. 

The Attorney General’s Elder Abuse Task Force had originally introduced a bill to create an Office of the State Guardian to provide oversight and certification of guardians, but that’s been dropped for now. Members of the task force have said they want to get that concept introduced again in the next legislative session.

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‘Long time coming.’ Michigan Senate committee pushes guardianship reform bills forward

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‘I’m kidnapped.’ Vietnam veteran fighting Michigan guardianship system

New York nursing home operator accused of neglect settles with state for $45M

NEW YORK (AP) — The operators of four nursing homes in New York will pay $45 million to settle claims that they neglected and mistreated residents, including some who were forced to sit in their own urine and feces for hours, state Attorney General Letitia James announced Thursday.

The Democrat filed a civil lawsuit last year that accused the owners and operators of Centers Health Care of using Medicaid and Medicare funds to enrich themselves, their relatives and associates instead of using funds for resident care. James claimed understaffing at the homes contributed to neglectful care. She said residents lived in squalor and were left unsupervised, leading to injuries.

Under the settlement, Centers and its owners will direct $35 million for improved resident care and staffing. Medicaid and Medicare programs will receive $8.75 million in restitution. Independent monitors for operations and finances were appointed by the court shortly after the lawsuit was filed and reforms have already begun, according to the attorney general.

“Centers’ owners operated the nursing homes with insufficient staffing so that they could pocket tens of millions of taxpayer dollars meant for resident care," James said in a prepared statement. “Residents suffered tragic harm and their families were often left in the dark or in despair about their loved ones.”

Centers, in a prepared statement, said it was pleased to resolve the litigation, “which dismisses all allegations of wrongdoing against Centers.”

“Over the last three decades, Centers has cared for thousands of residents across dozens of facilities, while maintaining the highest standards of care and resident welfare, the statement read. ”We are committed to fully implementing the settlement terms, including a significant investment in resident care.”

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New York nursing home operator accused of neglect settles with state for $45M

‘I’m kidnapped.’ Vietnam veteran fighting Michigan guardianship system

By: Heather Catallo , Johnny Sartin

SOUTHFIELD, Mich. (WXYZ) — Prosecutors have called court-ordered guardianship a superhighway that you can’t exit from and that’s exactly what one Macomb County combat veteran says has happened to him.

Gerald F. Harten says he survived the horrors of the Vietnam War only to now feel like he’s been captured by the enemy decades later. But this time, he says the enemy is Michigan’s guardianship system.

Harten admits he’s fully into his golden years and he’s not quite as physically capable as he once was, but he insists he is not mentally incapacitated. Harten says he wants his voice to be heard by the American court system that he fought for so many years ago.

“This is not right. This is illegally keeping me. Might as well go to jail — at least got more people there to talk to. Get three squares there, they'll give you your medicine. I've been in ‘jail’ for a year. That's the way I feel,” Harten told the 7 Investigators.

The 77-year-old Army veteran’s journey into guardianship started last November after he had back surgery and other health complications.

According to court records, his wife, Mary, had power of attorney to make Harten’s medical decisions, but she was hospitalized at the same time, so she could not care for him.

“I was in a hospital and my boy stepped up to be my overseer of the medicine,” Harten said.

Harten’s son became his legal guardian. When a judge approved that petition for guardianship, Harten was declared legally incapacitated.

“The court says I'm not allowed to go to the bank, take any money out or do anything,” Harten said.

If a judge appoints a guardian and conservator for you, you lose your rights, meaning you can no longer make your own medical or financial decisions, you can’t get married, you can't get divorced or decide where to live.

Harten says his son did a good job taking care of him at his home in Madison Heights after his surgery, but as Harten and as his wife both got better, Harten says he started asking to go back to his own home in Harrison Township.

“I was a millwright by trade. Worked seven days a week for 31 years. And I had everything paid for — my house. I have… three motorcycles, the pool in back, jacuzzi. I was made for my retirement. I'm not allowed to go home,” Harten said. “It’s just been a nightmare.”

Things in court then got messy. According to court records, Harten’s wife tried fighting the guardianship, his son hired a lawyer and there are allegations Harten’s wife ignored court orders and refused to pay for Harten's care. The judge later terminated the wife’s power of attorney over her husband.

In May, the judge put Macomb County professional guardian George Heitmanis in charge of Harten’s life.

Harten says he was furious Heitmanis kept him at his son’s house, even though police records show that the family started feuding so much that officers were called to the home repeatedly last summer.

“I'm kidnapped. I am really kidnapped,” Harten said about his guardianship.

Through their attorney, Harten’s son and his family declined to speak to the 7 Investigators, but police records show they alleged that Harten was often the aggressor during their conflicts.

According to court records, the allegation that Harten has dementia has been used to justify the need for guardianship.

The doctor’s note filed with the court that was used to start the proceedings last fall says Harten was suffering from “likely underlying vascular dementia …”

A report later ordered by the court that was conducted by a gerontologist who also works as a professional guardian states Harten’s “need for a guardian and conservator... has been clearly noted by four different evaluators.” For at least two of those evaluations, court records show Harten was on opioid pain killers, and he alleges those were the cause of his confusion at the time, not dementia.

“Do you think you are mentally deficient,” 7 Investigator Heather Catallo asked.

“No! Just no,” Harten said. “I remember everything.”

Whether he’s been talking to the 7 Investigators or the police, Harten consistently insists he’s not mentally incapacitated and he says to anyone who will listen that he just wants to go home.

“Do you remember the last time we talked,” one officer asked Harten while his body camera was recording back in August.

“I sure do. I don't have dementia,” Harten said.

Harten later told the officer while he was in the back of the police car, “It is a real bad situation. I don't want to be there.”

In the police bodycam footage, as officers moved Harten to the hospital, the video shows him remembering the officer who’s a fellow veteran from past police runs to the house.

“You’re the Army guy,” Harten said.

“Yeah, yeah,” the officer said.

After that exchange with police in August, Harten was evaluated by more neurologists at the hospital, and doctors regularly noted in his records that he was alert and oriented to person, place and time. Doctor’s notes indicate there had not been an “outpatient workup for dementia ...”

In September, Harten arranged his own transportation to get to the Veterans Affairs Hospital in Detroit to meet his regular doctor who wrote a letter saying “... Mr. Harten is competent and able to make his own decisions ...” and that Harten understands “the consequences of his actions.”

“Everybody that I know would say that I'm not crazy,” Harten said.

Harten’s guardian eventually transferred him from the hospital to a group home, which he says he’s not happy about. And other than one hearing on Zoom in July, Harten says he has not been allowed to attend his own court hearings.

“They always get me away from court deals. And that's what made me mad. I said, ‘what? I can't see the judge?” Harten said.

Harten has written two letters to Macomb County Judge Sandra Harrison asking to be heard in court, and his fellow veterans have filled the courtroom to support him even though he says he has yet been allowed to attend in person. Instead, his guardian speaks for him.

“Mr. Harten has significant neurological issues,” Heitmanis said at a September hearing.

Regarding a ward’s attendance at court, “It's not up to their guardian. It's not up to their loved ones. It's not even up to their doctors. Only that person gets to make that call," Michigan Elder Justice Initiative attorney Nicole Shannon said.

Shannon says someone who’s under guardianship has the statutory right to attend key hearings, and she’s helped write new legislation to reinforce that right for anyone facing guardianship.

“This is not just a legal technicality. This is a very substantive, important right that folks need to exercise. And if somebody is prohibited from attending their own hearing, it can have devastating consequences,” Shannon said.

“I am really almost crying out for desperation. I want to go home,” Harten said.

On Tuesday, the 7 Investigators reached out to both Harten’s professional guardian and his court-appointed lawyer. Within hours, a new hearing was scheduled on the court docket to discuss a new petition to terminate the guardianship.

Heitmanis told the 7 Investigators, the court wants Harten to go home as long as it can be made safe.

The hearing to terminate the guardianship will be held in December.

On Thursday, the Michigan state senators are expected to discuss proposed guardianship reforms during a committee hearing. Those reforms include increasing access to court hearings for people under guardianship, and other safeguards.

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‘I’m kidnapped.’ Vietnam veteran fighting Michigan guardianship system

DOJ Report to Congress Details Fight Against Nursing Home Neglect, Elder Abuse and Financial Fraud

Federal regulators have made significant progress combating elder abuse and financial fraud since July 2023, according to a new report.

By: Michael Adams 

In recent years, the U.S. Department of Justice (DOJ) has been working in tandem with federal, state, local and Tribal law enforcement agencies to target financial fraud and abuse involving elderly Americans, as well as their risks of nursing home neglect due to grossly inadequate care in long-term facilities.

Older individuals face an increased risk of falling prey to various financial fraud schemes, and they face particular dangers of abuse at the hands of caretakers, both at home and in nursing home facilities.

As a result of these dangers, a number of new federal programs have been started, and legacy programs have continued gaining traction, to help curb the physical and financial abuse of elderly Americans.

Last month, the DOJ released its sixth Annual Report to Congress on Activities to Prevent Elder Fraud and Abuse, which outlines programs the agency has put in place to combat elderly fraud and abuse, as well as how those programs performed from July 1, 2023 to June 30, 2024.

National Nursing Home Initiative Addresses Elder Neglect

The DOJ report indicates that the agency’s Elder Justice Initiative is cooperating with 94 U.S. Attorneys’ Offices across the country to implement the National Nursing Home Initiative, which will help identify nursing homes that do not provide adequate staffing numbers or skill to provide for resident care.

The National Nursing Home Initiative also tracks and identifies nursing home facilities that do not adhere to basic nursing standards, or provide their residents with enough food, as well as those that use inappropriate physical and chemical restraints to sedate residents.

Government officials are already enforcing actions against nursing home facilities that have committed fraud, provided unnecessary medical services, or been unable to care for residents in the manner that the law requires.

The report also indicates the DOJ’s Office for Victims of Crime (OVC) awarded nearly $6 million to 12 different organizations that will support local communities over a three year period, by providing services to elderly victims of abuse and exploitation.

In addition, the agency reports that between July 2023 and March 2024, more than 9,750 individuals over the age of 60 applied for compensation through the DOJ’s Victims of Crime Act (VOCA) Formula Grant Program.

VOCA addresses the emotional and financial needs of crime victims, by advocating for them and assisting with medical services, counseling, transportation, funeral and burial costs, as well as lost work. During the reporting period, VOCA awarded more than $79 million specifically to organizations that assist individuals who experience elder abuse.

The DOJ has also pursued at least 300 enforcement actions against hundreds of fraud defendants, returning more than $31 million to elderly victims of financial scams during the covered period. In fact, the report points out that the National Elder Fraud Hotline has fielded more than 139,000 calls across all 50 states, as well as 44 other countries and territories since it was launched in 2020.

“Raising public awareness is an essential part of the Department’s efforts to combat and reduce elder abuse, neglect, financial exploitation and fraud,” said Andy Mao, National Elder Justice Coordinator Deputy Director of the Civil Fraud Section. “With so much elder abuse hidden from the public eye, it is imperative that we arm our communities with the information and red flags they need to identify and recognize potential abuse when they see it.”

Nursing Home Abuse Affects All Americans

Nursing home neglect and elder abuse affect thousands of individuals. However, the damage associated with these issues is not confined to the elderly.

Recent studies have revealed that many nursing homes accused of neglect are overbilling taxpayers, with some facilities, termed “opportunistic systems,” overcharging Medicare by $4.3 billion. Since Medicare bills are covered by the Centers for Medicare and Medicaid Services (CMS), which is funded by U.S. tax dollars, these overcharges impact all American taxpayers.

Staffing has been another area of increasing concern for nursing home facilities, with the U.S. Department of Health and Human Services publishing a report earlier this year, which indicated that less than one-third of U.S. nursing homes have enough nurses on staff.

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DOJ Report to Congress Details Fight Against Nursing Home Neglect, Elder Abuse and Financial Fraud

Kinsey Police warn of elderly abuse after arresting man for stealing from his grandmother

By Jacklynn Lambert

KINSEY, Ala. (WTVY) - The Kinsey Police Department has a message to the public about elderly abuse.

This month, Kinsey Police arrested a man for stealing from his grandmother and leaving her without power and thousands of dollars.

That man, 29-year-old Jordan Glass, is facing several charges including elderly abuse and neglect and financial exploitation of an elderly person.

The victim, although bedridden at the time, contacted the police suspecting something was wrong with her finances after she had no money to pay her bills.

“She has a memory better than I do. She was the one who helped Sergeant (Josh) Waybright go through every transaction. She went through every bit of it with him and helped get information from the bank,” Kinsey Police Chief Jim Mock said.

After an investigation, police discovered Glass lied about having power of attorney over his grandmother and had been robbing her for months.

Glass had taken over $8,000 from his grandmother, leaving her with no way to pay her power bill and facing the threat of having her water turned off.

Chief Mock said several community members have since stepped in to help the victim with her bills and other essentials after hearing about the situation.

“You make one phone call, you have 30 or 40 trying to help. That is one of the leisures of having a small town, everybody knows everybody. To me, it is just sickening that you can do an elder person this way when they can’t defend themselves on their own or anything like that. Thank god Sergeant Josh Waybright got up with DHR, they have helped tremendously along with other organizations that have come in through DHR that have helped with trying to get things right in this situation for her,“ Mock said.

The police chief then went on to express his disdain for the abuse of individuals like the elderly.

“My thing is, the elders are supposed to be protected by everybody. They have done their time and what they are supposed to do out here. It takes a special kind of person to take advantage of an elder or a child in that kind of manner,“ Mock said.

With the ongoing investigation, Glass is expected to face several additional charges related to this case of elderly abuse.

Glass is being held at the Houston County Jail on an upwards of $600,000 bond.

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Kinsey Police warn of elderly abuse after arresting man for stealing from his grandmother

AARP Alabama urges community response to elderly abuse after Elkmont man allegedly beats parents

By Noah Cowell

ELKMONT, Ala. (WAFF) - AARP Alabama asks the local community to help prevent elder abuse after a man brutally assaulted his parents in Elkmont.

Charlie Cain Jr., 55, was charged with two counts of elder abuse after allegedly beating his parents in Elkmont last Tuesday.

Other charges include domestic violence and violating his parents' protection order they filed in May after claiming he threatened them.

Witnesses say Cain — who has a history of drug problems — became irritated on Tuesday when his parents would not take him to a local pharmacy.

Cain then yanked his mother to the ground and broke her jaw, while also striking his father in the face.

The good Samaritan who reported the assault says she never expected Cain to be capable of an attack this severe. She says she’s seen his parents repeatedly give their son more chances after his other times in prison, but he just continues to hurt them.

According to court records, Cain was charged with domestic violence and harassment two years ago after beating his parents across the face with his cell phone.

AARP works to raise awareness of these types of elder abuse cases and how to stop them. Jamie Harding of AARP Alabama urges everyone to keep an eye on their older friends and neighbors.

“These are some of our most vulnerable friends and neighbors and relatives, and we all have a responsibility to help protect them as much as possible,” Harding said.

She says signs of abuse can range from victims having an unkempt or abnormally messy appearance to having bruises.

Harding also says what Cain is accused of doing is horrifying, adding elder abuse often goes unreported because seniors are often hurt by close family members.

“Understand that that person is probably not going to admit that their family member is abusing them, so that’s why somebody else has to step in and help them,” Harding said. “No one wants to throw their family member into jail.” 

Harding also urges witnesses of elder abuse to reach out to the Department of Human Resources on their adult abuse and exploitation hotline.

The good Samaritan hopes Cain doesn‘t get out of jail anytime soon so his parents can stay out of harm’s way.

The Limestone County Sheriff‘s Office currently has no updates regarding Cain’s case.

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AARP Alabama urges community response to elderly abuse after Elkmont man allegedly beats parents

3 arrested on charges of elder abuse, Medicaid fraud in separate Arkansas cases

by Max Hauptman

Three people were arrested in Arkansas on charges of Medicaid fraud and elder abuse in separate cases, including one instance in which an employee at an assisted living facility was seen striking an elderly woman with Alzheimer's Disease, prosecutors say.

All three suspects in the different cases were arrested or surrendered themselves into custody on Oct. 31.

North Little Rock resident Ja’Layia J. McClendon, 28, was arrested on a charge of abusing an endangered or impaired person after prosecutors say witnesses saw her hitting 82-year-old woman with Alzheimer's Disease living at a Little Rock assisted living facility. Prosecutors say the woman was left with bruises on her face and forearm.

Trey Franks, 28, was arrested in Little Rock on Oct. 31 on a warrant for the same charge after prosecutors say more than $1,000 was sent to his credit card from the bank account of a woman living in a long-term care facility in Cabot, Arkansas, in five separate transfers from September to October 2023.

The third arrest was that of Hannah Christmas, a 34-year-old Hamburg, Arkansas, resident, who is facing a charge of Medicaid fraud. She's accused of billing the Dermott, Hamburg and Lakeside school districts $5,500 for physical therapy services that were never rendered from August 2023 to April 2024.

USA TODAY attempted to contact attorneys for all three people and either could not identify one or did not hear back from them.

Elder abuse can take on many forms, including physical, psychological or sexual abuse, financial exploitation, or neglect and abandonment. The Justice Department estimates that more than 10% of people over the age of 65 suffer from some form of elder abuse each year.

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3 arrested on charges of elder abuse, Medicaid fraud in separate Arkansas cases

DOJ outlines efforts to combat elder abuse, fraud in annual report to Congress

by Kimberly Bonvissuto 

With “millions” of older adults falling victim to elder abuse and fraud each year, the Department of Justice has released its sixth annual report about its efforts to tackle those crimes and prosecute offenders.

The DOJ’s “Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse” report to Congress outlines its efforts from July 1, 2023, to June 30, 2024, to combat elder abuse, neglect, financial exploitation and fraud.

During that period, the department pursued more than 300 enforcement actions against more than 700 defendants charged with stealing almost $700 million from 225,000 victims. The government provided services to more than 230,000 older adult victims and returned more than $31 million to them.

“Because millions of older Americans suffer some form of elder mistreatment each year — and because many more abuses go unreported or unseen — everyone has a role to play in this work,” Attorney General Merrick Garland wrote in a foreword to the report.

Working with partners including the US Postal Inspection Service, state partners and Medicaid Fraud Control Units, as well as law enforcement corpus, the department pursued more than 30 different types of elder fraud schemes. 

The scams with the highest financial losses for older adults — including senior living residents — were investment scams, where older adult lost $1.2 million. Tech support scams led to $590 million in losses, business email compromise scams led to $382 million in losses, romance scams cost victims $357 million and government impersonation cost victims $180 million. 

The department’s National Elder Fraud Hotline received more than 50,000 calls in the past year and helped older victims to report potential crimes and to local available resources and services. The five states with the highest number of calls were California, Florida, New York, Ohio and Texas. The most common types of fraud reported in those calls are romance scams, identity theft and business imposter scams. 

During a September hearing on fighting fraud held by the Senate Special Committee on Aging, US Sen. Bob Casey (D-PA), committee chairman, released the group’s ninth annual fraud book, “Fighting Fraud: Scams to Watch Out For.”

According to that report, FBI data showed that fraud losses among older adults reached $3.4 billion in 2023. According to the FBI’s Internet Crime Complaint Center, or IC3, investment scams were the costliest scams for older adults, with reported losses topping $1.2 billion last year, a 400% increase since 2021. 

The Federal Communications Commission reported that health-related scam calls targeting older adults tend to spike during Medicare’s open enrollment period, October to December. Last year, there were $17 million in confirmed losses due to healthcare scams. Mike Braun (R-IN), ranking member of the Senate Aging Committee, said that Medicare lost $60 billion in 2023 due to fraud, errors and abuse.

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DOJ outlines efforts to combat elder abuse, fraud in annual report to Congress

'The gardener talked': My grandmother gave her neighbor $6,000 to buy a car. How can I protect her from exploitation?

By Quentin Fottrell

'The neighbor is living it up and - lo and behold! - and there is no vehicle'

Dear Quentin,

If an elderly person is preyed upon by a neighbor is there any recourse? My grandmother loaned her next-door neighbor $6,000 to help her to "afford a car." My grandma didn't want me to know about it, but the gardener talked.

There were no repayments of any kind. The neighbor is living it up and - lo and behold! - and there is no vehicle! My grandma may or may not be in her full faculties, but insists on living alone. Is there any way to protect her from this neighbor or other predators?

Turns out, she's been stuffing the house with cash for many years. What prevents someone from visiting to make withdrawals? Any advice on how to best shore up the leak?

Granddaughter

Dear Granddaughter,

Garden fences sometimes need to be higher - much higher.

There's a lot you can do. Call your grandmother's bank and alert them to any unusual transactions, carry out a deep clean of her house so you can excavate the cash piles and apply to be a guardian/conservator and/or power of attorney over her medical and financial affairs.

After you have the legal authority, freeze her credit at Experian (EXPGY), TransUnion (TRU) and Equifax (EFX), so this neighbor from hell cannot set up an account or take out a credit card in her name. Put your grandmother's documents, including her Social Security number, in a safe place.

The National Careline offers, among other organizations, advice on next steps, including contacting the local council and reporting the issue to her local Adult Protective Services, District Attorney's office, and/or to the police or Sheriff's office. Find your local APS here.

"If your loved one has a social worker, elder patient advocate, or someone in a similar role, consider asking that person for help," per this advice from the Consumer Financial Protection Bureau. There may also be a family council in your grandmother's community.

Some states have laws to help survivors of financial abuse to file cases in civil court to recover lost funds, the CFPB says. You may also be able to put a temporary freeze on your mother's bank accounts. You could also seek a "restraining order" or "order of protection" in civil court.

Bravo to the gardener for snitching on this neighbor who sees your grandmother as an ATM to fund her lifestyle. Community is so important in these kinds of cases: gardeners, housekeepers, friends, hairdressers - anyone who could notice something untoward.

Who are the predators?

It may seem unthinkable, but neighbors, friends, family members and even caretakers are among the most common perpetrators of elder financial abuse. Such crimes cost the elderly up to $28 billion annually, researchers say, although official estimates may not reflect the true cost.

"Isolation is a red flag and many studies of elder abuse say a lack of a good support system and physical and psychological isolation are hallmarks of the problem," according to the National Adult Protective Services Association. But as you discovered, it can also happen in plain sight.

Typically, if you suspect someone of elder abuse - emotional, physical, psychological or financial - you should report them to adult protective services, or call 911 and report them to local law-enforcement authorities or your district attorney's office.

The National Center on Elder Abuse, a government agency affiliated with the U.S. Administration on Aging, says that one in 10 people over the age of 60 in the U.S. experienced some form of abuse in the prior year. Research still lags all the new forms of financial abuse.

There are red flags to watch out for, however. Financial signs of elder abuse include fraudulent signatures on documents, overdue bills and "unusual or sudden changes in spending patterns, will or other financial documents," according to the nonprofit National Council on Aging.

You can IdentityTheft.gov to report identity theft and get a recovery plan. It is managed by the Federal Trade Commission. You can also call 1-877-IDTHEFT (1-877-438-4338); Telecommunications device for the deaf: 1-866-653-4261. 

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'The gardener talked': My grandmother gave her neighbor $6,000 to buy a car. How can I protect her from exploitation?

Veteran's Day

Thank  you for your service!

Don’t let this happen to you

by John O'Connor

My colleague Jim Berklan has been covering one of the year’s most compelling and troubling stories in long-term care: the unfolding saga of Forrest Preston, the 91-year-old founder of Life Care Centers of America.

New details emerging from Tennessee sound like something out of a soap opera. Since marrying his third wife, Kim, nearly 40 years his junior, Preston’s life and business have reportedly spiraled into chaos, according to a court complaint by his son, Aubrey.

Allegations range from restricted family contact to questionable financial transfers benefiting Kim and her siblings. Fears of a planned exit from the country and a recent passport renewal attempt have escalated the situation further.

The court has now ordered a legal guardian to assess Preston’s mental health, while Life Care’s leaders warn of operational disruptions, morale issues, and financial risks stemming from Wife Number Three’s influence over Preston.

The story will likely resonate with many nursing home operators, as countless facilities were founded and are still run by aging visionaries. The occupational risk here is founder syndrome — a condition often rooted in deep emotional investment. Symptoms can include excessive control, micromanagement, and a reluctance to plan for succession. Left unchecked, founder syndrome not only weakens operations but also exposes companies to serious risks if a founder’s health falters.

Here are five ways to help protect your organization from a similar fate:

Embrace succession planning early

Every organization needs a clear plan for leadership transitions. Founder syndrome often thrives in environments where succession planning is seen as a threat rather than a necessity. By actively working to groom potential successors and formalize a transition plan, founders can prevent their departure from becoming a crisis.

Establish a robust, independent board

Boards should be empowered to act in the organization’s best interests — and that means being able to provide oversight and checks on founder-driven decisions. By ensuring that no single individual holds outsized control, companies can safeguard against rash or irrational decisions that may emerge in later years.

Create boundaries and delegate authority

Founders should work to delegate authority and establish boundaries within the organization. Not only does this help the company prepare for a future without them, but it also encourages a healthy organizational culture where leaders can emerge, and the business can operate autonomously.

Seek legal and financial protections

This case also underscores the importance of legal and financial protections. Business and personal finances should remain distinct, and proper legal documentation can help protect assets in case of familial or personal disputes. Transparent accounting and clear policies around asset management are essential.

Be open to retirement and life transitions

Letting go is difficult, but aging is an inevitable part of life. When a founder refuses to step back, they risk not only harming their company but also their legacy. Preston’s story serves as a reminder that maintaining full control into one’s twilight years can lead to serious and possibly irreversible damage.

Whether or not the company can weather this storm remains to be seen, but it stands as a glaring example of the risks associated with founder syndrome.

For today’s nursing home operators, the message is clear: don’t wait until it’s too late to put safeguards in place.

John O’Connor is editorial director for McKnight’s.

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Don’t let this happen to you

Family dog saves owner from mudslide after Hurricane Helene

The siblings used all their allowance to pay for the family dog, Tucker, three years ago. 

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Family dog saves owner from mudslide after Hurricane Helene

Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse

Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse

Priscilla Presley has taken legal action against her former attorney, seeking to prevent her from evading a serious financial elder abuse lawsuit, as reported  by Lawyer Monthly. Court documents reveal that Priscilla, 79, has requested a judge to reject her ex-lawyer Lynn Walker Wright’s request to be removed from the case, arguing that Lynn does not reside in California or have any connections to the state.

Priscilla has filed a lawsuit against her previous business partner, Brigitte Kruse, a man named Kevin Fialko, and Lynn. She alleges that Brigitte and Kevin were responsible for introducing her to Lynn. In a recent declaration submitted to the court, Priscilla stated, “Although they concealed it from me at the time, I now understand that [Brigitte] and [Kevin] orchestrated a widespread effort to isolate me from my trusted advisors, leading me to distrust them. They ultimately convinced me to replace my advisors with individuals they had selected, which was a crucial part of their strategy to manipulate my finances for their own gain.” Priscilla mentioned that she first met Lynn in December 2022 after Brigitte recommended her as a lawyer.

Allegations of Isolation and Secret Recording

Elvis' ex-partner entered into an agreement with Lynn and later discovered that Lynn also represented Brigitte. In her statement, Priscilla mentioned that a few weeks after hiring Lynn in January 2023, the defendants arranged for her to travel to Florida for an auction featuring Elvis memorabilia. She stated that she was informed she would meet Lynn during the trip to "sign some documents."

However, Priscilla claimed she was never provided with any paperwork to review beforehand. During the meeting, which took place at Brigitte's residence instead of Lynn's office, Priscilla felt "completely isolated from my other advisors." She noted that she was not allowed to have anyone else present in the room except for Brigitte. Priscilla asserted that Lynn did not inform her about the potential conflicts of interest in representing both her and Brigitte. "For no valid reason, this meeting was recorded by [Lynn], who I believe later shared a copy of the video with [Brigitte] and [Kevin]." Priscilla further contended that most of Lynn's work for her occurred in California. She argued that Lynn should not be allowed to withdraw from the case where she is seeking $1 million in damages.

Financial Exploitation Claims Against Brigitte Kruse

As previously reported by LM Priscilla alleges that Brigitte and others exploited her. Elvis' former wife referred to Brigitte as a "con artist and pathological liar." Priscilla shared that she first met Brigitte in 2021 when Brigitte was involved in selling Elvis memorabilia. She mentioned that a friendship blossomed between them, but over time, Brigitte began to take charge of Priscilla's life and finances.

Priscilla alleged that Brigitte had her sign various contracts that entitled her to 80 percent of Priscilla's earnings from deals. According to Priscilla’s attorney, “This situation stems from a carefully orchestrated and reprehensible scheme by the defendants to exploit an older woman by earning her trust, cutting her off from her closest friends and family, and misleading her into thinking they would manage her personal and financial affairs, all while their true intention was to deplete her finances.” The attorney further stated, “In a mere two years, the Defendants cultivated a personal relationship with [Priscilla] that allowed them to gain her full trust and distance her from her long-standing business and financial advisors.

They persuaded [Priscilla] that her previous advisors were either dishonest or incapable, leading her to believe she was missing out on millions due to their mismanagement.”

Counterclaims and Ongoing Legal Dispute

Priscilla asserted that Brigitte and the other defendants had funds that were rightfully hers deposited in accounts they controlled. Additionally, she claimed they mishandled transactions and withdrew money from her son’s bank account without justification. A lawyer representing Brigitte and her co-defendant Kevin Fialko commented to TMZ regarding Priscilla’s lawsuit, “This lawsuit is a retaliatory action stemming from one filed by Priscilla’s business partners last year. We are confident that the facts will emerge, and justice will be served.”

The attorney expressed, “It’s disheartening for all of us who dedicated our time to assist a woman in need, only to see her now trying to leverage her fame to harm the lives of compassionate, diligent individuals. We are grateful to all our supporters who have stood by us through this challenging period. Our focus remains on our business, and we eagerly anticipate our day in court. The truth will emerge through evidence, not hearsay. At this moment, we won’t be making any further comments as we honor the judicial process.” Prior to Priscilla’s lawsuit, Brigitte had already initiated her own legal action against Priscilla in a Florida court, claiming breach of contract.

Full Article & Source:
Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse

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Priscilla Presley Sues Ex-Advisors for Elder Abuse, Alleging ‘Abhorrent Scheme’ to Steal Her Money

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Oregon Mother and Daughter Face Felony Charges for Falsifying a Will in a $2 Million Estate

By Lucille McNamara

KLAMATH COUNTY, Ore. — Klamath County prosecutors say felony charges have been brought against a mother and daughter who allegedly falsified a will to collect an estate worth $2 million.

Daughter of the Deceased Woman Fights Claim

Their claim has been fought by the daughter of the deceased, Cathy Gerlett, who died suddenly on February 9, 2023.

The mother-and-daughter team of Renee and Kristine Pereira now faces charges of attempted aggravated theft, forgery, identity theft, and other computer crimes.

Both women pleaded not guilty at their court appearance at the end of October.

The daughter of the deceased woman, Kristy Gerlett, has been investigating the case ever since her mother’s death and pleading with law enforcers to charge the women she suspected of forging signatures on her mother’s will.

Kristy was excluded from the will, which allocates 80% of the estate to Kristine Pereira.

The indictment accuses the woman of forging Cathy Gerlett’s signature, the signatures of two witnesses, and the notary’s signature and seal.

According to court records, Renee Pereira filed the will in probate court in April last year, two months after the death of Cathy Gerlett.

District Attorney Says the Crime Was Premeditated

At Kristine Perreira’s arraignment, Klamath County DA David Schutt described the case as a ‘premeditated and coordinated effort’ by mother and daughter to steal an estate worth more than $2 million.

Kristy Gerlett is pressing for additional criminal charges involving the use of her mother’s credit card after her death. The card was used to buy gift vouchers worth $2,000, hotel accommodation, and a trip to a casino.

Kristy Gerlett filed a lawsuit contesting the will in June 2023 after discovering that the two witnesses and notary whose signatures appear on the will swore under oath that they never signed the document.

In a separate declaration, a handwriting expert testified that the deceased woman’s signature on the will was also falsified. He said her signature was probably copied from her original will dated 2018, in which the woman left 25% of her estate to her daughter, Kristy.

According to court records, an unknown person advertised an estate sale in August 2023, at which family heirlooms were sold.

A judge subsequently froze the estate and dismissed the 2022 will. He also removed the executor of the estate.

Full Article & Source:
Oregon Mother and Daughter Face Felony Charges for Falsifying a Will in a $2 Million Estate

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