Senator Palumbo and Families Push for Guardianship Reform Urge Passage of Karilyn’s Law in 2025

by Anthony H. Palumbo

In the wake of several high profile guardianship abuse cases, including Wendy Williams speaking out about her forced conservatorship and New York Attorney General Letitia James investigation into guardianship providers, Senator Anthony Palumbo (R,C-New Suffolk) is renewing his efforts to reform New York’s Guardianship system through the passage of  Karilyn’s Law. The legislation provides a mechanism allowing family members and friends to visit loved ones under guardianship and conservatorship. The bill is named after Karilyn Montanti, a senior and victim of the guardianship system, whose loved ones had been denied visitation rights.

            Karilyn’s Law prevents a guardian, care manager, or power of attorney from arbitrarily terminating visitation rights and isolating vulnerable individuals who are being held in involuntary guardianship.  The bill provides for the ward or family members, who have been denied their due process rights, to be heard and have an evidentiary hearing before the court within 10 days of bringing an application. 

            “New York’s guardianship system needs to be overhauled to protect some of the State’s most vulnerable residents from forced isolation and provide them with the ability to see loved ones and friends,” said Senator Anthony Palumbo. “The denial of visitation rights is just one component of the guardianship abuse we are witnessing throughout New York, but it is the most inhumane and must be addressed in 2025.”

            Chrisine Montanti, daughter of Karilyn Montanti and a Guardianship Advocate said: “I have been living a complete nightmare for several years as my mother is in a constant state of torture and I am powerless to save her. My mother was blocked and denied access to her entire family, friends and only grandchild without having an evidentiary hearing and without due process.  I am grateful to Senator Palumbo for his continued efforts to pass Karilyn’s Law and as a champion of guardianship reform.  His work to safeguard New York State’s most vulnerable individuals will help prevent other families from having to endure the horrific ordeal that I have been facing for nearly a decade.”  

            “If this can happen to me and my family this can happen to anyone. We have been blocked from contacting my mother and aunt by phone, I personally have no visitation rights to my mother, and I have been threatened with jail time while trying to get my mother back to her home in New York. The guardianship system needs to be reformed, and I urge the legislature to pass Karilyn’s Law this year,” said Illana Musikar.

            “My mother screamed you are breaking my arm as she was dragged out of her home against her will and placed in a memory-care facility in Irondequoit New York.  No doctor or judge said she was mentally incompetent.   She was denied the right to make phone calls, have visitors of her choosing and was drugged against her will. If Karilyn’s Law had been in effect, I could have helped her and brought her home. Instead, she died alone on a narrow bed at the facility. We need to pass Karilyn’s Law and provide greater protection for vulnerable New Yorkers like my mom,” said Jonathan Farley.

            "New York’s guardianship system is in dire need of reform to protect our most vulnerable citizens from exploitation and abuse. Karilyn’s Law is a critical step forward in ensuring that families are not unjustly torn apart by guardianship decisions made without accountability or due process. Growing public awareness and attention to the abuses within the guardianship system highlight the urgency of addressing these failures. By passing Karilyn’s Law, we can prevent other families from enduring the heartbreak and injustice that so many have already faced under the current system." – Senator George Borrello, 57th District. 

            “Karilyn’s Law is long overdue and is a simple change to improve the State’s guardianship system. The legislation will help close a loophole that has allowed guardians with extreme power to deprive individuals of their visitation rights and will reunite family, friends and loved ones. It is the compassionate and right thing to do for the countless families navigating the guardianship system,” concluded Senator Anthony Palumbo. 

Full Article & Source:
Senator Palumbo and Families Push for Guardianship Reform Urge Passage of Karilyn’s Law in 2025

See Also:
Editorial: Guardianship under the microscope

Wendy Williams Guardianship Controversy Spurs N.Y. Lawmaker to Push Visitation Law

Husband, Wife Bilk Elderly Maryland Woman Out Of $1M During 'Complex ID, Fraud Scheme:' Sheriff

Story by Zak Failla

An elderly woman was robbed of more than $1 million after being targeted as part of "a complex identity theft and fraud scheme," according to the Harford County Sheriff's Office.

Devalkumar Harshadkumar Vyas and wife Mamata D. Vyas - who were arrested for a similar scheme in New York last month - preyed on a 73-year-old woman who was convinced to make bitcoin and gold purchases that they then took over the course of a five-week period. 

In June, investigators say that the woman received an unsolicited email from erickressman@tuta.io, purportedly from Eric Kressman of the Office of the Inspector General claiming that she was the target of identity theft.

Shortly thereafter, the victim received an unsolicited call from a person identifying himself as "Willy Le," an employee of the Social Security Administration.

"Le" was able to provide the woman with detailed information about her bank accounts, and advised that she had to transfer it to him for safekeeping, imploring her to keep the entire situation confidential.

After that call, a spokesperson for the sheriff's office said that she made multiple transactions over five weeks, including deposits into a bitcoin machine and purchases of gold. 

She met with the suspects on five different occasions to hand over the gold and cash, resulting in a total loss of over a million dollars.

During the investigation, it was determined the suspects were driving a silver Chevrolet Equinox that was registered to Devalkumar Harshadkumar Vyas.

Further investigation found that Vyas and his wife were involved in a similar crime in New York state. Both husband and wife were arrested on Wednesday, July 10, by the New York State Police and charged there.

Late last month, Devalkumar Vyas was interviewed by members of the Harford County Sheriff's Office, where he admitted to his role in the fraud scheme in Maryland.

Now, detectives are concerned there may be other victims of the couple who have not yet come forward.

While an arrest has been made, the sheriff’s office is continuing their investigation, they added.

Anyone who may have been victimized in a similar scheme has been asked to contact investigators by calling (410) 836-5428.

Full Article & Source:
Husband, Wife Bilk Elderly Maryland Woman Out Of $1M During 'Complex ID, Fraud Scheme:' Sheriff

Wendy Williams Guardianship Controversy Spurs N.Y. Lawmaker to Push Visitation Law

Wendy Williams' guardianship woes are commanding the attention of at least one New York lawmaker ... who's making a big push so her family can easily visit her.

Anthony Palumbo, a N.Y. state senator, tells TMZ ... today, he is re-introducing a piece of legislation that would change guardianship laws regarding family visitation in the state.

According to Palumbo, "Karilyn's Law" would allow families to visit loved ones by filing a motion with the court ... the guardian would then have 10 days to show the court if the person intending to visit is displaying inappropriate conduct -- and if not, they can visit.

He says the law is designed to ensure family members have a legal path to visit a loved one under a guardianship, which he thinks is lacking under the existing framework.

Palumbo has been following Wendy's case for years, and says her being locked up in an apartment is tragic. He goes on to say that even if her memory is failing, she should still be allowed to be with her family instead of forcibly separated from them.

Despite the unfortunate circumstances, Palumbo hopes the newfound attention surrounding Wendy's case will spur lawmakers into action. He first proposed Karilyn's Law in 2022, but it didn't get passed.

Since he first proposed the piece of legislation, he says his office has received dozens of calls and emails from concerned citizens about Wendy's guardianship. The way Palumbo sees it, unfortunately, it can take a celebrity and a tragedy to get people's attention.

Full Article & Source:
Wendy Williams Guardianship Controversy Spurs N.Y. Lawmaker to Push Visitation Law

See Also:
Wendy Williams

Editorial: Guardianship under the microscope

New York's attorney general is looking into the system of care for the most vulnerable, but the state needs to do more to expand resources and oversight.

By Times Union Editorial Board, Opinion

The troubled system intended to protect the state’s most vulnerable residents is getting a look from the state attorney general’s office — official attention that’s coming none too soon.

Jake Pearson of the nonprofit newsroom ProPublica has for a year been reporting stories about the guardianship program that described evidence of alleged fraud, abuse and neglect.

Among many other issues raised by ProPublica, their investigation found that there are simply too few “examiners” to monitor the care provided by guardians; only 157 exist for the 17,411 wards in New York City alone.

In the absence of proper oversight, rogue organizations have enriched themselves at their wards’ expense. That’s where Attorney General Letitia James enters to investigate these bad players and, as ProPublica reported, “how they manage the health and financial affairs of hundreds of elderly and infirm New Yorkers deemed incapable of looking after themselves.”

One such outfit is New York Guardianship Services, on which ProPublica has reported extensively, noting that it has — among other outrageous cases — placed a woman in a rat-infested apartment without heat all while the firm collected $450 a month and reported her situation to the courts as “appropriate.” This occurred, according to ProPublica, “even as internal company records and her own emails showed that she’d repeatedly complained about the conditions.”

NYGS, which was ordered by a judge to repay that ward $5,400, is one of about a half-dozen organizations now being investigated by James’ office.

Great news — but what about the guardianship program itself?

Earlier reporting by ProPublica quoted Kristin Booth Glen, a former judge who three decades ago helped craft Article 81 of the state Mental Hygiene Law, the statute that guides guardianship in New York, as acknowledging the system is now “a total and utter disaster.”

The state Office of Court Administration has noted that judges backstopping the system are outmatched by caseloads; it has appointed an advisory committee to suggest fixes. That committee has now called for a $72 million independent statewide agency to serve as a public guardian. 

Advocates have called on Gov. Kathy Hochul and legislative leaders to budget $15 million annually for a statewide network of nonprofits that could shore up the system. But the fact that the negotiated budget for the current fiscal year included only $1 million for a statewide guardianship hotline doesn't bode well for either proposal.

The hotline might be a fine tool, but it's the equivalent of a Band-Aid on a sucking chest wound. These are, after all, people who have guardians because they can’t speak for themselves.

They are referred to as the “unbefriended” because they don’t have family or confidants who can represent their best interests. As we speak, the system rarely checks on these people in person and largely relies on financial paperwork to determine a person’s well-being.

The state needs to step in immediately to consider these proposals and find ways to address alleged abuses, including improved training requirements for guardians and examiners; increasing the number of judges to keep eyes on the system; making reporting requirements more robust; and establishing caseload limits for everyone involved.

Full Article & Source:
Editorial: Guardianship under the microscope

Vulnerable people quietly kicked out of Clark County’s adult family homes and assisted living facilities

Washington long-term care ombuds: ‘This is a statewide problem, and it seems to be increasing’

By Alexis Weisend

The state of Washington prohibits nursing homes from kicking out residents without letting anyone know.

But legislators have failed to extend the same protections to residents of adult family homes and assisted living facilities, which generally provide a lower level of care but still house some of the state’s most vulnerable people.

“We can’t just leave people out,” said state Sen. Paul Harris, R-Vancouver, whose bill aimed at solving the issue died last session in the House, where he was serving at the time.

Attorneys and ombuds say the result is an undocumented surge of displaced residents that’s fueled by a boom in adult family homes, an aging population, and the state’s mental health and addiction crises.

Murfreesboro woman charged for financial exploitation, theft of an elderly relative

by Ashley Griffin

MURFREESBORO, Tenn. (WZTV) — A Rutherford County woman faces charges of financial exploitation, theft, and criminal simulation by the TBI.

According to investigators, Jill Black Turner had stolen property and cash from an elderly relative who was living at a Murfreesboro care facility back in the summer of 2024.

Authorities also believe Turner may be responsible for using the victim's checking account and had forged a check in their name.

On January 6, Turner was indicted with one count each of financial exploitation of an elderly/ vulnerable adult, theft of property $60,000 - $250,00, and criminal simulation.

She was booked into the Rutherford County Jail on a $20,000 bond.

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Murfreesboro woman charged for financial exploitation, theft of an elderly relative

Families object to settlement amounts in class action lawsuit against disgraced nursing home owner

Story by Shay O'Connor

On Thursday, a Jefferson Parish judge announced that families involved in a class action suit against disgraced nursing home owner Bob Dean would receive final payments soon.

This, as some plaintiffs appeared in court and pleaded for more money.

Hundreds sued Dean for transporting their older family members to a warehouse in Tangipahoa Parish during Hurricane Ida.

About a dozen people died at the site.

Mitchell Harris is the son of Debra Whiltberger.

"We didn't get justice through Bob Dean. He's living in a nice, beautiful mansion. We are here with nothing," Harris said.

Harris said his mom was 60 years old when she died just weeks after enduring horrid conditions at a warehouse in Independence in the wake of Hurricane Ida.

"She was bedridden. She had had several strokes. Couldn't walk or eat by herself. Had no water, during that time, no nothing. Just laid there. I don't know how she did it," Harris said.

Harris said his family was allocated $10,000 in an initial settlement, and he has to pay attorney fees out of that amount.

It's why he went before the judge to object.

"I'd rather take a loss and fight it than someone offer me an insult on what they think my mom's life was worth," Harris said.

He is not alone. Jeanette Triplette said her mom is still dealing with the latest effects from the terrible experience.

"You can't put a price on someone's life. You can't put a price on someone's quality of life," Triplette said.

More than 400 patients or their living family members are to split under $9 million in Bob Dean's insurance proceedings. Each of the families who participated in the class action lawsuit received allocation letters based on how much officials believed they are owed.

People received different amounts.

These requests come as attorneys said they feel the process has been smooth, given the circumstances.

"Watching from the outside, it seems like it's been longer. But inside the legal system, it has moved very quickly," said attorney Rob Couhig Jr.

Attorneys said most should have received at least two payments. The biggest lump sum is expected to go out to families. Another payment could follow based on what is left after that.

WDSU spoke with at least one family who said they received their allocation letter, but so far, no payments.

"None whatsoever. They sent like $1,000 and $1,700 out. We never got none of that," said Rachael Ayo, daughter of Ella May Alario.

Dean was sentenced to three years' probation last July and ordered to pay $2 million in restitution. There is expected to be another hearing to address the plaintiff's request.

The judge also said if he agrees to the objection it will slow the process for those families who objected. But he will look into the matter.

Full Article & Source:
Families object to settlement amounts in class action lawsuit against disgraced nursing home owner

See Also:
Bob Dean

Lascassas woman accused of stealing from elderly adult at care facility

Story by Alicia Patton

RUTHERFORD COUNTY, Tenn. (WKRN) — A Rutherford County woman faces a slew of charges after an investigation revealed she stole from a vulnerable adult, according to the Tennessee Bureau of Investigation (TBI).

Special agents with the TBI’s Medicaid Fraud Control Division said they began investigating 60-year-old Jill Black Turner in August 2024 following allegations of theft and financial exploitation of an elderly adult.

During the investigation, agents reportedly learned between July 2023 and July 2024, property and cash belonging to an elderly resident at a Murfreesboro care facility had been stolen. Officials added the victim’s checking account was also utilized for unauthorized purchases, and her name had been forged on a check.

According to the TBI, the investigation identified the suspect as a relative to the victim. On Jan. 6, 2025, the Rutherford County Grand Jury returned an indictment charging Turner with one count each of financial exploitation of a vulnerable adult, theft of property $60,000 – $250,00, and criminal simulation.

Deputies with the Rutherford County Sheriff’s Office arrested Turner on Jan. 13. She is being held in the Rutherford County Jail on a $20,000 bond.

No additional details about the incident were immediately released.

Full Article & Source:
Lascassas woman accused of stealing from elderly adult at care facility

Wendy Williams' family starts GoFundMe to raise $50K to free star from 'isolating' guardianship

By Julianna Salinas

Wendy Williams' family is turning to the public for help to free her from her "deeply isolating" conservatorship .

The former talk show host was placed into a court-ordered legal guardianship that oversees her finances and health back in May 2022. Despite claims from lawyer Sabrina Morrissey that the star is "incapacitated," her family believes otherwise.

Wendy's family, led by her niece Alex Finnie, has started a GoFundMe in the hopes of raising $50,000 to help with mounting legal fees and moving her out of the wellness facility she is currently living in , which she claims is like living "in prison."

Though the former radio host was diagnosed with primary progressive aphasia and frontotemporal dementia in 2023, she is adamant that a legal conservatorship is not necessary, especially with the support and care of her family.

In a recent appearance on Power 105's The Breakfast Club, the 60-year-old spoke directly about her situation, claiming: "I am not cognitively impaired. But I feel like I am in prison" and that she is barred from contacting her family. She also claims that she has experienced "emotional abuse" at the facility she currently resides in.

The description for the fundraiser reads: "For far too long, Wendy has faced the challenges of being unjustly placed under guardianship and labeled as incapacitated, despite her strong will and determination to live her life independently."

It continues: "The guardian assigned to her has severed her connections with friends and family, leaving her without the support network she so desperately needs. This isolation in New York has made it increasingly difficult for her to maintain her strength and resilience."

The description concludes: "Wendy's family is passionately advocating for her return to Florida, where she can once again be surrounded by the love and support of those who care about her. They are suffering emotionally as they witness the toll her isolation is taking on her well-being."

The former radio host's guardianship is similar to that of fellow stars Britney Spears and Amanda Bynes, who have both since been freed from the legal confines of their conservatorships. So far, the GoFundMe campaign has raised over $15,000.

Full Article & Source:
Wendy Williams' family starts GoFundMe to raise $50K to free star from 'isolating' guardianship

See Also:
Wendy Williams 

Who is Sabrina Morrissey? Unpacking Wendy Williams' Heartbreaking Conservatorship Battle

Sabrina Morrissey, a name now synonymous with controversy, has come under intense scrutiny for her role as Wendy Williams’ guardian. As the famed talk show host and media personality fights to regain control of her life, Morrissey’s actions—and the system enabling them—are facing widespread criticism from fans, family, and advocates for reform.

The Role of Sabrina Morrissey in Wendy Williams’ Conservatorship

Morrissey was appointed as Williams’ legal guardian in 2022, a role that granted her control over the star’s finances, healthcare, and personal decisions. This legal arrangement came after a public feud between Wendy and Wells Fargo Bank, along with her former financial adviser Lori Shiller. Wendy accused them of conspiring to mismanage her finances, leading to her placement under guardianship.

According to Wendy’s former attorney, the guardianship was less about protecting the TV star and more about covering up alleged financial malfeasance. Claims of violations of laws and financial regulations have further fueled skepticism about the motivations behind the conservatorship.

Allegations of Emotional and Financial Abuse

In a rare and emotional interview on The Breakfast Club, Wendy broke her silence, calling out the guardianship as a source of emotional and financial abuse. She revealed she is confined to a New York facility, allowed no visitors, and has limited access to communication. Wendy described her daily life as “prison-like,” sharing that she only has $15 to her name, cannot receive phone calls, and has no access to a laptop or the internet.

Williams’ niece, Alex Finnie, corroborated these claims, painting a harrowing picture of isolation and surveillance. “She’s there every day, all hours of the day,” Finnie said, emphasizing the emotional toll of such restrictive conditions.

Public Outcry: The #FreeWendy Movement

Much like the #FreeBritney campaign that galvanized public support for Britney Spears, Wendy’s fans have launched the #FreeWendy movement. Social media has exploded with calls for justice, with fans labeling Morrissey as the antagonist in Wendy’s ongoing struggle.

“Wendy Williams is literally being held captive by Sabrina Morrissey. #FreeWendy,” one fan posted on X (formerly Twitter). Others pointed to Morrissey’s alleged attempts to control Wendy’s narrative, including filing lawsuits to block a Lifetime documentary, Where Is Wendy Williams?

A Broken System?

Wendy’s case has drawn comparisons to other high-profile conservatorships, highlighting systemic flaws. Despite Morrissey filing court documents describing Wendy as “cognitively impaired and permanently incapacitated,” the former TV host sounded lucid, coherent, and impassioned in her interview. Wendy vehemently denied claims of cognitive decline, even challenging listeners to judge for themselves.

Family Advocacy

Wendy’s son, Kevin Jr., has been vocal about his mother’s situation. Following her appearance at his college graduation, he described her as sober and eager to return home. “Isolation is killing her faster than anything else,” he wrote on Instagram, pleading for her freedom.

What’s Next?

The fight for Wendy Williams’ autonomy continues, with public sentiment firmly on her side. The #FreeWendy movement is gaining momentum, pressuring both Morrissey and the legal system to reconsider the terms of her guardianship.

As Wendy tearfully said during her interview, “This system has falsified a lot.” Whether the public outcry and legal challenges will lead to her freedom remains to be seen, but one thing is clear: Wendy Williams is not giving up without a fight.

Sabrina Morrissey’s legacy, for now, remains entangled with this heartbreaking saga. Whether she’ll be remembered as a protector or an enabler of abuse depends on the outcome of Wendy’s quest for justice.

Full Article & Source:
Who is Sabrina Morrissey? Unpacking Wendy Williams' Heartbreaking Conservatorship Battle

Woman who lost $850,000 to scammers posing as Brad Pitt faces wave of online harassment and mockery

A French woman who revealed on television how she had lost her life savings to scammers posing as Brad Pitt, has faced a wave of online harassment and mockery, leading the interview to be withdrawn on Tuesday.

The woman, named as Anne, told the "Seven to Eight" program on the TF1 channel that she had believed she was in a romantic relationship with the Hollywood star, leading her to divorce her husband and transfer $850,000.

The scammers used fake social media and WhatsApp accounts, as well as AI image-creating technology to send Anne what appeared to be selfies and messages from Pitt.

To extract money, they pretended that the 61-year-old actor needed money to pay for kidney treatment, with his bank accounts supposedly frozen because of divorce proceedings with his ex-wife Angelina Jolie.

Anne, a 53-year-old interior decorator with mental health problems, spent a year and half believing she was communicating with Pitt and only realized she had been scammed when news emerged of Pitt's real-life relationship with girlfriend Ines de Ramon.

"The story broadcast this Sunday has resulted in a wave of harassment against the witness," TF1 presenter Harry Roselmack wrote on his X account on Tuesday. "For the protection of victims, we have decided to withdraw it from our platforms."

Anne was said by the channel at the time of its broadcast to have been suffering from severe depression and received hospital treatment.

The interview, in which she was filmed openly and even shared family photos with reporters, went viral on Monday.

It sparked a deluge of mocking comments and jokes, but some online critics accused TF1 of failing to protect a vulnerable individual who might not have been unaware of the consequences of going public.

Toulouse Football Club tweeted that "Brad told us that he would be at the stadium on Wednesday" for the team's next match, before withdrawing the message and apologizing.

Netflix France also posted on social media promoting "four films to see with Brad Pitt (really) for free."

Romance scams have been a feature of the internet since the advent of email, but experts say artificial intelligence has increased the risk of identity theft, hoaxes and fraud online.

"These people deserve hell"

Anne told TF1 that she was first contacted by someone posing as Pitt's mother shortly after she began using Instagram for the first time while on a ski trip with her family in France.

"She told me that her son needed someone like me," Anne explained.

The scammers messaged her again several days afterwards, this time posing as Pitt.

"At first I said to myself that it was fake, that it's ridiculous," Anne explained to TF1. "But I'm not used to social media and I didn't really understand what was happening to me."  

"I ask myself why they chose me to do such harm like this?" she continued. "I've never harmed anyone. These people deserve hell."

More than 64,000 Americans were taken for over $1 billion in romance scams in 2023— double the $500 million just four years earlier, according to the Federal Trade Commission.  

In 2023, senior citizens were conned out of roughly $3.4 billion in a range of financial crimes, according to the FBI data. The agency recently warned that AI has increased the "believability" or criminal scams given that they "assist with content creation and can correct for human errors that might otherwise serve as warning signs of fraud."

Full Article & Source:
Woman who lost $850,000 to scammers posing as Brad Pitt faces wave of online harassment and mockery

Bill proposes new office to regulate guardianships across North Dakota

The bill would create an Office of Guardianship and Conservatorship to license and maintain a registry of professional guardians and conservators, among other duties.

Sen. Diane Larson, R-Bismarck, looks over amendments to a bill during a hearing about Senate Bill 2029, which proposes an Office of Guardianship and Conservatorship, in the Peace Garden Room at the North Dakota Capitol on Monday, Jan. 13, 2025.

Tanner Ecker / The Bismarck Tribune

By Grant Coursey / The Bismarck Tribune 

BISMARCK — North Dakota legislators heard testimony on a bill that would overhaul the way guardianships and conservatorships are overseen — something the judiciary has been working toward for more than a decade.

Senate Bill 2029 would create an Office of Guardianship and Conservatorship with broad powers to oversee such matters statewide. The office would license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding for guardianship and conservatorship programs.

Those in support of the bill believe it will address the shortage of guardians and conservators facing North Dakota while enforcing greater accountability. Those in opposition to the bill are concerned it will syphon funds from existing programs.

Chief Justice Jon Jensen said the creation of the Office of Guardianship and Conservatorship was a main priority of the legislative session for the state Supreme Court during his recent State of the Judiciary address.

According to South Central District Judge Cynthia Feland, who testified in favor of the bill, the state currently has no licensing program for professional guardians and conservators, making it difficult to monitor who is claiming to be a professional and what their qualifications are.

South Central District Judge Cynthia Feland gives testimony during a hearing about Senate Bill 2029, which proposes an Office of Guardianship and Conservatorship, in the Peace Garden Room at the North Dakota Capitol on Monday, Jan. 13, 2025.

Tanner Ecker / The Bismarck Tribune

President of the Guardianship Association of North Dakota Margo Haut, who testified against the bill, said that guardians are already required to obtain a national certification from the Center of Guardianship Certification and must be certified by the state courts system to act as a guardian in North Dakota.

Feland said the licensing component of the bill is important because complaints against guardians and conservators are handled on a case-by-case basis in the court system. Feland said this has created instances in which a professional guardian is removed from a case for misconduct without any mechanism to investigate other cases they are handling. The proposed bill would fix this, according to the judge.

“If we now have a procedure for licensing and we can remove them, then notification goes throughout the state to all of the district courts that this person's license has been revoked,” she said.

If a guardian’s license is revoked, Feland said the Office of Guardianship and Conservatorship would be able to find other guardians to step in and take over the cases from the de-licensed guardian.

Donna Byzewski is the program director of the corporate guardianship program for people with intellectual disabilities at Catholic Charities North Dakota. She said during her neutral testimony that she was concerned the budgets of guardianship services would be devastated by legal costs when guardians were brought before the proposed office's review board.

Byzewski did, however, say the bill would give the court tools to protect people in the case of exploitation or neglect by a guardian and remove the offending guardian in a timely manner, something that has taken months -- if not years -- to accomplish previously.

Feland said the judiciary is already preparing to implement the office should the bill pass.

“I don't wait for this stuff to pass. We're doing it now. So as we are speaking right now, we are actually putting together the rules for the Supreme Court to create these things” Feland said. “This is a problem that's been there for over a decade and is getting worse. So the best way, then, to resolve it is to start doing these things right away.”

Full Article & Source:
Bill proposes new office to regulate guardianships across North Dakota

Elderly woman died after being found unresponsive outside local nursing home

by: Peggy Gallek

WARRENSVILLE HEIGHTS, Ohio (WJW) — Warrensville Heights police are investigating the death of an elderly woman after she was found unresponsive outside of the Avenue Warrensville Care and Rehabilitation Center on Christmas Eve.

The FOX 8 I-Team obtained a copy of the Warrensville Heights police report that states the 84-year-old woman was last seen by a nurse at 8:40 p.m. Dec. 23.

The report further notes that another nurse went to check on the woman at 9:30 p.m. and she was not in the room. The nurse told officers that she “assumed” the woman left the hospital with her brother. She then said she checked the logs and found that no visitors were at the hospital on Dec. 23. The nurse said she then tried calling the woman’s brother but he didn’t answer.

The nurse then told the officer “multiple times that she is a new nurse and was not sure what to do after that,” the report states.

According to the report, about nine hours later the nurse told a coworker about the woman’s disappearance. A few minutes after alerting her coworker a “Code Purple” was issued and the officials searched the facility for the woman. At 7:30 a.m. police were called and sent to the facility.

A short time after police arrived the woman was found outside in a corner of the patio. She was unresponsive. She was taken to the hospital, where she later died.

The report states the officer asked officials for security video from inside the facility. Officials , however, told police the cameras only have views of the common areas and none of the footage showed the woman’s direction of travel, the report stated.

The woman was sent to the facility Dec. 18 for physical therapy. The report noted that she could not walk and was in a wheelchair. Her brother told officers he had talked to her earlier and she said she wanted to leave the facility.

No arrests have been made.

We reached out to officials at Avenue Warrensville Care and Rehabilitation Center to discus the matter and received the following statement:

“We are sorry for death of the resident and have expressed our condolences to the family. This continues to be an active investigation and therefore we are unable to comment further at this time.”

Full Article & Source:
Elderly woman died after being found unresponsive outside local nursing home

Understanding Adult Guardianship: When and How It Works

by Procino-Wells & Woodland, LLC

January 15, 2025

As we navigate through life, the possibility of becoming incapacitated—whether due to illness, injury, or cognitive decline—can raise important questions about how our affairs will be managed. If such a situation arises and you can no longer handle your own affairs, there are two primary avenues through which someone else can legally act on your behalf: a Power of Attorney or a court-appointed guardianship. Understanding these options is crucial for effective planning and ensuring that your wishes are respected.

Power of Attorney: A Private Solution

A Power of Attorney (POA) is often regarded as one of the most vital tools in estate planning. This legal document allows you to appoint an Agent—someone you trust—to make decisions regarding your financial and legal matters if you become unable to do so yourself. The scope of authority granted in a POA should be broad, ensuring your named Agents aren’t limited in the ways they can support you if the need arises.

Advantages of a Power of Attorney

1. Cost-Effective: Establishing a POA is less expensive than pursuing a guardianship through the court.

2. Privacy: The POA process is private, and the details of your affairs do not become a matter of public record.

3. Choice of Agent: You have the freedom to choose who will act on your behalf, ensuring that your Agent is someone who understands your values and wishes, and that you trust implicitly.

However, if a valid, thorough POA is not in place, or if conflicts arise regarding its interpretation, the need for a guardianship may become necessary.

Guardianship: A Court-Mandated Process

When a person is deemed incapable of managing their affairs and a POA is insufficient or non-existent, a guardianship may be sought through the Court of Chancery. This is a more formal and public process that involves several steps and requirements.

How Guardianship Works

1. Petitioning the Court: A person wishing to become a guardian must file a petition with the court. This petition typically requires medical and other evidence demonstrating that the individual is indeed incapacitated. Formal notice of the pleadings must also be given to all interested parties.

2. Appointment of Attorney Ad Litem: The court appoints an attorney to represent the person with an alleged disability. The attorney ad litem’s role is to confirm to the court that the person needs a guardian and that the petitioner is the best candidate for this role.

3. Court Assessment: The court will evaluate the evidence presented, and if it finds that the individual cannot manage his or her own affairs, it will appoint a guardian. This guardian can be responsible for the person’s health and personal care, financial matters, or both.

4. Ongoing Oversight: Once appointed, the guardian is required to submit annual accounts to the court throughout the duration of the guardianship, providing updates on the incapacitated person’s health and financial status. This oversight ensures that the guardian acts in the best interests of the individual.

Disadvantages of Guardianship

1. Public Proceedings: Unlike a POA, guardianship proceedings are public, which means personal income and asset information is exposed. Related and interested parties must also be publicly notified and receive copies of the pleadings.

2. Potential for Disagreement: The court may appoint a guardian who is not your preferred choice, potentially leading to conflicts among family members or friends.

3. Cost and Complexity: Guardianship can be a lengthy and costly process, often requiring legal assistance to navigate court filings and hearings.

Choosing the Right Option for You

While a Power of Attorney is generally the preferred method for ensuring your affairs are managed according to your wishes, it is essential to have it in place well in advance of any potential incapacity. If a POA is not established, if it is not thorough and comprehensive, or if complications arise, guardianship may be the necessary route.

At Procino-Wells & Woodland, LLC, we understand the complexities of guardianship proceedings. Our team provides knowledgeable guidance and representation throughout the process, ensuring that your interests are safeguarded. We aim to assist you with compassion and respect, helping you navigate these important decisions with clarity and confidence. Your future is important, and we’re here to help you plan for it.

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Understanding Adult Guardianship: When and How It Works

Wendy Williams denies she's 'cognitively impaired,' says guardianship feels 'like I'm in prison'

Williams appeared on 'The Breakfast Club' and spoke about her guardianship

By Caroline Thayer

Wendy Williams sobbed on the phone from the New York care facility where she is currently residing, detailing the duress she's been under since entering into a guardianship, in a new interview.

"I am not cognitively impaired, you know what I’m saying," she said in an interview on iHeartRadio's "The Breakfast Club" Thursday morning, where she was joined by her niece, Alex Finnie. In February 2024, Williams' team announced she'd been diagnosed with both progressive aphasia and frontotemporal dementia (FTD).

"I feel like I’m in prison," the 60-year-old admitted on the radio program.

"I’m in this place where the people are in their 90s and their 80s and their 70s," she continued. "There’s something wrong with these people here on this floor." 

She detailed the extreme supervision she was under, sharing that while she could make outgoing phone calls, people were not allowed to call her. 

"Where I am… you have to get keys to unlock the door to press the elevator to go downstairs, first of all. Second of all, these people here, everybody here is like nursemaids, so to speak," she said, explaining that staff just doles out medicine. Williams admitted she isn't privy to what she's taking. "Excuse me, doctor, can you tell me what this pill is for?"

"For the last three years, I have been caught up in the system," Williams added, saying that she'd spent her last three birthdays alone. "This is what is called emotional abuse."

The conversation took a turn when Williams expanded on restrictions, starting to sob at the thought of not being able to travel to Miami to celebrate her father's 94th birthday next month. "At 94, the day after that is not promised."

She said through tears, "My life is like f---ed up?"

In February, Williams' team publicly shared the depths of her health struggles.

"As Wendy's fans are aware, in the past she has been open with the public about her medical struggles with Graves' Disease and Lymphedema as well as other significant challenges related to her health," a public statement from her team read. Williams had taken several absences from her talk show, "The Wendy Williams Show," beginning in 2017 after fainting on air. During an episode in 2019, she revealed she was living in a sober house. 

"Over the past few years, questions have been raised at times about Wendy's ability to process information and many have speculated about Wendy's condition, particularly when she began to lose words, act erratically at times, and have difficulty understanding financial transactions," the statement continued.

"In 2023, after undergoing a battery of medical tests, Wendy was officially diagnosed with primary progressive aphasia and frontotemporal dementia (FTD). Aphasia, a condition affecting language and communication abilities, and frontotemporal dementia, a progressive disorder impacting behavior and cognitive functions, have already presented significant hurdles in Wendy's life."

Days later, Lifetime aired a documentary called "Where Is Wendy Williams?" which followed the talk-show host after her show had been canceled in pursuit of starting a podcast. In the documentary, she detailed her issues with substance abuse, condemned her guardianship and progressively became "more aggressive" in interactions with others.

In Thursday's interview, Williams confirmed that she had seen the documentary – something her guardian had suggested. Throughout the interview, she balked at the notion she was "cognitively impaired and incapacitated."

"How dare? Do I seem that way? God d--- it," she said.

A representative for Williams did not immediately respond to Fox News Digital's request for comment.

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Wendy Williams denies she's 'cognitively impaired,' says guardianship feels 'like I'm in prison'

See Also:
Wendy Williams

Wendy Williams Speaks Out Against Guardianship: “I Feel Like I’m in Prison”

The former daytime talk show host added, "I am not cognitively impaired," despite being diagnosed with aphasia and frontotemporal dementia.

by Hilary Lewis

Wendy Williams called in to The Breakfast Club Thursday morning to speak out against her guardianship.

The former daytime talk show host, who has been under a guardianship since 2022 and was last year diagnosed with aphasia and frontotemporal dementia, said, “I feel like I’m in prison.”

“I am not cognitively impaired, you know what I’m saying? But I feel like I’m in prison,” she added. “I’m in this place where the people are in their 90s and their 80s and their 70s … There’s something wrong with these people here on this floor.”

Breakfast Club host Charlamagne Tha God said Williams was calling in because she was “trapped in a conservatorship” and couldn’t leave her current location.

Williams checked into an unknown facility in April 2023 after being placed under the care of court-appointed caregiver Sabrina Morrissey. Morrissey alleged in late 2022 in a New York court that Williams was of “unsound mind,” leading bank Wells Fargo to petition to have Williams placed under temporary financial guardianship.

Williams, who was the subject of the controversial Lifetime docuseries Where is Wendy Williams? last year, was joined on the show by her niece Alex Finnie, who also called in. Finnie said the facility is high security and, consistent with past reports about Williams being unreachable, added that Williams can only make calls, no one can call her.

“They won’t allow you to leave or have visitors,” she said. “So you can’t even leave and take a walk if you wanted to, or take a trip or visit family members.”

Finnie added, “That’s been the reality since 2023. She’s sitting in that room that she’s sitting in, she’s there every day, all hours of the day, every week, every month, she’s not getting proper sunlight. I went to New York in October to visit her. And the level of security and the level of questions that there were in terms of, ‘Who am I? Why am I here? What’s the purpose?’ I mean, it was absolutely just horrible.”

As for the documentary, Williams said she and Morrissey watched it together and that, “she was the one who wanted to do that.”

She continued, claiming that her situation amounts to “emotional abuse,” “What do I think about being abused? Look, this system is broken, this system that I’m in. This system has falsified a lot.”

Finnie continued to advocate for her aunt, saying she “sounds great.”

“I’ve seen her, in a very limited capacity, but I’ve seen her and we’re talking to her. This does not match an incapacitated person,” Finnie said. “And that’s why we say she’s in a luxury prison, because she is being held and she is being punished for whatever reason that other people are coming up with as to why she has to be kept in this position.”

Williams said her phone had been taken away and that she cannot make purchases and has to have someone get everything for her. She wants to visit her 94-year-old father for his birthday in February but is afraid her guardian won’t let her go.

“At 94, the day after that is not promised,” she said, as her voice grew increasingly emotional.

Finnie, who said the family is afraid Williams will be moved without notice or the ability to contact her, also indicated they were speaking out despite concerns of possible retaliation from Williams’ guardian.

“I said, ‘You know, we do this, you’re ready for what’s on the other side?’ And as she said, ‘I have to do this. There’s nothing else I could do at this point,'” Finnie said. “What you’re hearing now is a few-minute clip of what we’ve been dealing with for the last several months and the last two, three years.”

Morrissey sued to try to prevent the release of the docuseries but a judge dismissed the request, citing the First Amendment. The four-hour-plus project, which aired across two nights on Lifetime, showed Williams’ increasingly fragile state after the June 2022 cancellation of her talk show, documenting her life for the better part of a year as she struggled with family, fame and excessive alcohol consumption.

Filming stopped when she checked into an unknown facility, and Where Is Wendy Williams? producer Mark Ford told The Hollywood Reporter last year, “We were more worried about what would happen if we stopped filming than if we continued.”

At the time, shortly after the doc aired, producers indicated that she hadn’t seen it.

“We simply have had no way to get it to her to see it,” Ford told THR. No way to screen it with her, because she’s locked down in a facility and we haven’t been able to speak to her since we wrapped filming.”

But he added that he and his team had conversations with Williams behind-the-scenes as they were filming about what they wanted to show.

Williams was credited as an executive producer on the project as part of a three-picture deal with Lifetime.

After her initial attempts to block the release of the docuseries, Morrissey, acting in her capacity as Williams’ guardian, sued Lifetime’s parent company A+E Networks in March, saying the contract to shoot the documentary wasn’t valid since Williams didn’t have the legal or mental capacity to authorize her participation in the project and was allegedly told it would be “positive and beneficial” to her image.

In September, a newly revised complaint over the documentary asked that all profits from the project be used to fund Williams’ medical care. 

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Wendy Williams Speaks Out Against Guardianship: “I Feel Like I’m in Prison”

NY – AG James to Probe Guardianship Programs

by nycaribnews

According to sources familiar with the inquiry, New York Attorney General Letitia James is looking into how several guardianship groups handle the financial and medical matters of elderly and infirm New Yorkers who are judged incapable of taking care of themselves.
The investigation, which is chaired by attorneys in the office’s charities section, comes after a year-long series that showed that some guardians took use of their positions for personal benefit, while others disregarded their vulnerable clients.

Judges frequently rely on guardianship agencies to look after the so-called unbefriend, or those who have no family or friends to care for them. Nevertheless, there is little control, authorities hardly ever visit wards, and the courts mostly use financial records to determine well-being. This oversight has resulted in neglect, abuse, and fraud.

New York Guardianship Services (NYGS) is one of the organizations under scrutiny. More than a dozen patients, including an elderly woman housed in a run-down house, had their requirements not met. NYGS fraudulently reported her living circumstances as “appropriate” while collecting $450 a month from her little salary. Following the discovery of this carelessness, a judge mandated that NYGS pay the lady $5,400. Even after an old man passed away and left the country, NYGS continued to collect money from him.

Although company officials have refused to comment on individual customers, they have stated that court-appointed examiners, who have the power to raise concerns, examined their work. But because there aren’t enough examiners in the system, monitoring is delayed and yearly exams take years to finish, which deprives judges of important data.

Despite not being recognized as a nonprofit by state and federal authorities, NYGS promoted itself as one. The attorney general’s office has previously looked into guardianship cases. It investigated Integral Guardianship Services ten years ago for fraudulently lending enormous sums of money to its senior executives while wards languished in nursing homes for longer than necessary. After the lawsuit was settled, Integral closed, giving hundreds of wards to other groups like NYGS. Investigations into NYGS and other successor organizations are currently underway. Amid mounting pressure on lawmakers and court officials to reform the guardianship system, the investigation was announced. To maintain a network of seasoned NGOs that help the unfriended, advocacy groups are arguing for more funding.

It’s unclear what Governor Kathy Hochul will say about guardianship before the legislative session begins. $1 million for a statewide guardianship hotline was allocated in last year’s budget. NYGS executives and the attorney general’s office have not responded to inquiries about the investigation. Guillermo Kiuhan, a lawyer for a former NYGS ward, hopes the inquiry will result in the authorities taking action to resolve the issues and stop more problems.

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NY – AG James to Probe Guardianship Programs

New York Attorney General Launches Investigation of Guardianship Providers

by Jake Pearson

New York Attorney General Letitia James is investigating about a half dozen guardianship organizations and how they manage the health and financial affairs of hundreds of elderly and infirm New Yorkers deemed incapable of looking after themselves, according to people familiar with the matter.

The inquiry, which is being conducted by lawyers in the office’s charities bureau, follows a yearlong series by ProPublica that revealed how some guardians neglected the vulnerable clients entrusted to their care, while others used their court-appointed positions to enrich themselves at their wards’ expense.

Judges often rely on guardianship companies to care for the so-called unbefriended, people who don’t have friends or family able to look after them. Oversight of these guardians, however, is scant, with officials rarely visiting wards to check on their care. Meanwhile, the courts that appoint the guardians rely largely on financial paperwork to determine a person’s well-being. That dynamic, the news organization found, has resulted in fraud, abuse and neglect of the state’s most vulnerable.

Among the groups investigators are scrutinizing is New York Guardianship Services, which was featured in ProPublica’s work, said one of the people familiar with the state probe, who, like others, spoke on the condition of anonymity to discuss a sensitive law enforcement action.

ProPublica found NYGS had failed to meet the needs of more than a dozen people entrusted to its care, including an elderly woman whom the company placed in a dilapidated home with rats, bedbugs and a lack of heat. NYGS collected $450 a month in compensation from the woman’s limited income while stating in reports to the court that her living situation was “appropriate” — even as internal company records and her own emails showed that she’d repeatedly complained about the conditions.

After ProPublica’s first story was published, a judge ordered NYGS to pay back that ward $5,400, representing about a year’s worth of fees, writing that the company had provided “minimal services, if any” during that time.

In another instance, ProPublica reported that the company collected monthly fees from an elderly man even after he’d left the country — and also after he died.

Company executives have declined to answer questions about specific clients but previously told ProPublica that NYGS was accountable to the court and that its work was scrutinized by examiners, who are empowered to raise any issues.

But ProPublica’s investigation found that there are too few examiners in the system to provide timely and thorough oversight. There are just 157 examiners responsible for reviewing the reports of 17,411 New York City wards, according to the court’s most recent data. And there are roughly a dozen judges to check their work. As a result, ProPublica found that annual assessments detailing wards’ finances and care can take years to complete, depriving judges of critical information about people’s welfare.

The courts have similarly taken a light touch to vetting guardianship providers. ProPublica found that though NYGS presented itself as a nonprofit, it hadn’t registered as such with state and federal authorities.

The attorney general’s investigation is not the office’s first foray into the guardianship world. A decade ago, the same unit investigated a nonprofit guardian called Integral Guardianship Services, ultimately finding the group had improperly loaned its top officials hundreds of thousands of dollars while its wards unnecessarily sat in nursing homes, according to court records. To settle the case, Integral agreed to various reforms, paid back the loans and brought on a management consultant, the Harvard Business School Club of New York, to review its systems, operations and finances.

Even so, Integral shut down just a few years later, stranding hundreds of wards whose cases were absorbed by other nonprofit groups and private lawyers. Among them was NYGS, which was founded, in part, by Integral’s former director of judicial compliance, Sam Blau, who wasn’t named in the attorney general’s lawsuit. Other Integral employees also remained in the guardianship business, starting their own groups or working as court-appointed fiduciaries, court and tax records show.

Some of those successor businesses are now among the entities state investigators are examining, the people familiar with the attorney general’s investigation said.

NYGS executives Sam and David Blau did not respond to an email seeking comment. Neither did the attorney general’s office.

News of the attorney general’s investigation comes as court administrators and Albany legislators face increased pressure to fix the guardianship system. Court officials have said they need more money to address the problems and announced last fall that they were appointing a dedicated special counsel, as well as a statewide coordinating judge, to oversee reforms.

Advocacy groups have mounted their own lobbying campaign, pressing Gov. Kathy Hochul and legislative leaders to commit $15 million annually to support a statewide network of nonprofits experienced in handling government contracts to serve the unbefriended. Another proposal, put forth by an advisory committee to the state court system, has advocated for the creation of a $72 million independent statewide agency to serve as a public guardian.

It’s not clear what Hochul, a Democrat, foresees for guardianship ahead of the upcoming legislative session. She’ll present the executive budget later this month. Last year’s $229 billion spending plan included just $1 million to fund a statewide guardianship hotline. A spokesperson for her office did not respond to questions about her funding plans or for comment on the AG’s probe.

Guillermo Kiuhan, an attorney for the former NYGS ward who has since died, said he was encouraged to hear the company may have to answer for what he said was outright theft. He has been trying to get NYGS to reimburse the ward’s heirs for the thousands of dollars the company took as compensation while his family provided for his care in Colombia. So far, the efforts have been unsuccessful. The Blaus didn’t respond to questions about Kiuhan’s claims.

“We are very frustrated,” he said in an interview. “Hopefully this is an opportunity to get the authorities involved … and not have more people with the same problem.”

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New York Attorney General Launches Investigation of Guardianship Providers