Friday, April 11, 2025

Man charged in elder abuse case involving his mother


By Charlie Boothe

BLUEFIELD, W.Va. (WVVA) - A Bluefield man has been charged with elder abuse in connection with injuries sustained by his mother.

Douglas Ashley Conley, 47, is facing a felony charge of abuse or neglect of an incapacitated adult after West Virginia State Police were called April 5 by WVU Princeton Community Hospital in reference to an 84-year-old woman’s injuries and condition.

According to the criminal complaint, the victim had severe bruises on her face, neck and inside her legs as well as a brain bleed and broken ribs. She also showed signs of long-term physical neglect.

The victim was flown to a Roanoke hospital for further treatment.

The criminal complaint said the State Police investigation by Trooper First Class J.B. Fox led to Conley, who lived with the victim and was her caretaker at a residence on Lorton Lick Road. They were the only residents in the house.

Conley remains incarcerated at Southern Regional Jail on a $10,000 cash only bond.

This is an ongoing investigation.

Full Article & Source:
Man charged in elder abuse case involving his mother

Former General Manager of The Foundry Restaurant Pleads Guilty to Multiple Felony Theft Charges


Concord, NH – Attorney General John M. Formella announces that James Peretti, the former general manager of The Foundry Restaurant (Foundry), located in Manchester, New Hampshire, pleaded guilty in Hillsborough Superior Court Northern District today to two felony theft charges stemming from his tenure at the Foundry.

In March of 2024, Peretti was charged with a class A felony count of Theft by Unauthorized Taking or Transfer which alleged that he, pursuant to one scheme or course of conduct, stole from the Foundry across nearly the entirety of his four-year tenure as general manager by generating fraudulent reimbursement claims and using the reimbursement claims as a basis to take cash he was not entitled to.

In June 2024, Peretti was charged with a separate class A felony count of Theft by Deception which alleged that he, pursuant to one scheme or course of conduct, also stole from the Foundry by falsifying an employee’s clock-in entries to make it appear the employee worked hours he actually did not, diverting paychecks reflecting the falsified hours away from the employee, depositing the paychecks into a bank account over which the employee had no control, and spending the resulting proceeds on items unrelated to the Foundry or the employee.

Peretti’s guilty pleas were entered pursuant to a capped plea agreement.  As part of the plea agreement, he has agreed to pay restitution in the amount of $150,633 to the Foundry.  At a sentencing hearing scheduled for June 23, 2025 at 10:30 a.m. in Hillsborough Superior Court Northern District, the State will argue that Peretti should be sentenced to 2 to 4 years in the State Prison on the Theft by Unauthorized Taking or Transfer charge.  

On the Theft by Deception charge, Peretti will be sentenced to 7 ½ to 15 years in the State Prison, all of which will be suspended for a period of 15 years.  The suspended sentence will run concurrently with the sentence on the Theft by Unauthorized Taking charge.    

This case was investigated by Investigator Fred Lulka of the New Hampshire Department of Justice’s Consumer Protection and Antitrust Bureau and is being prosecuted by Assistant Attorney General Zach Frish, also of the Consumer Protection and Antitrust Bureau, as well as Senior Assistant Attorney General Bryan J. Townsend, II, of the Elder Abuse and Financial Exploitation Unit.

Source:
Former General Manager of The Foundry Restaurant Pleads Guilty to Multiple Felony Theft Charges

Lancaster County woman charged with stealing nearly $52,500 from disabled husband

Deborah Moyer forged checks, made wire transfers and used her husband's credit cards to take $52,466.55 from his accounts over a 5-month span, police claimed.


Author: Keith Schweigert (FOX43)

LANCASTER, Pa. — A Lancaster County woman has been accused of stealing nearly $52,500 from her disabled husband's bank accounts by forging his signature on checks and making other unauthorized transactions in his name.

Deborah Moyer, 53, of Lancaster, is charged with 34 felony counts of identity theft, 18 felony counts of forgery, a felony count of access device fraud, and a felony count of financial exploitation of a care-dependent person, according to charging documents filed by the East Lampeter Township Police.

The victim, an amputee who is dependent on others for care and transportation, came forward to authorities on April 3 after being contacted by his bank about a check he'd failed to sign, according to police.

The victim told the bank he hadn't written any checks and advised the check was fraudulent, prompting an investigation that discovered several checks written in his name that he hadn't authorized, police said.

The resulting investigation determined that between Nov. 25, 2024, and April 2 of this year, Moyer had forged the victim's name on nine checks to take $32,500 out of his account, according to police. 

She also made 25 other transactions using the victim's credit cards and made wire transfers to take an additional sum of approximately $20,000 from the victim's account, which she was not authorized to access, police said.

The investigation determined that Moyer used the money to pay off her own credit cards and to transfer funds to another person, according to police.

In all, she is accused of taking $52,466.55 from the victim's account, police said.

Moyer was arraigned before Magisterial District Judge Deborah Commons on Wednesday and remanded to Lancaster County Prison after failing to post bail of $100,000, according to court records.

A preliminary hearing is scheduled for April 25.

Full Article & Source:
Lancaster County woman charged with stealing nearly $52,500 from disabled husband

Thursday, April 10, 2025

Beverly woman pleads guilty to strangulation

by Taylor McKinnie


ELKINS — A Beverly woman who was accused of abuse or neglect of an incapacitated adult, and financial exploitation, entered into a plea agreement Tuesday morning in Randolph County Circuit Court.

Cassie Lynn Pell, 37, pled guilty to one count of strangulation, a felony, and one count of financial exploitation of an elderly person, a misdemeanor. She could face no less than one, no more than five years in prison when sentenced for the felony charge. For the misdemeanor charge, Pell could face not more than one year in prison, and/or be fined not more than $1,000.

Pell was initially indicted in October on two counts of abuse or neglect of an incapacitated adult, a felony; one count of strangulation, a felony; and two counts of neglect of an incapacitated adult, a misdemeanor. In a separate indictment, she was indicted on one count of financial exploitation of an elderly person, and three counts of fraudulent use of an access device, all felonies.

Pell is currently being held in the Tygart Valley Regional Jail on both a $15,000 cash-only bond and a $2,821.41 cash-only bond.

When asked by Lewis and Upshur County Circuit Court Judge Kurt Hall, who presided over the case, as to what she did that made her guilty of the strangulation charge, Pell said she had gotten into a “verbal argument” that escalated.

“We had gotten into a verbal argument and I had pushed her, and when I pushed her I grabbed her,” Pell said.

“And where did you grab her?” Hall asked.

“Around her throat,” Pell said.

Pell denied that the victim lost consciousness from the incident, but admitted that the victim did sustain a bruise.

When asked about the financial exploitation charge, Pell said she had been carrying the victim’s debit card and made an unauthorized purchase. Pell said the victim was in her 70s at the time of the incident.

Pell also admitted that alcohol had been involved in both incidents.

After Hall accepted the plea agreement, Tyler Resetter, Pell’s attorney, asked the court to modify Pell’s post conviction bond, citing that Pell had no means to pay the current amount at this time, that Pell was agreeable to any terms of supervision from the court and that Pell has attended and had been making progress in classes and schooling during her time in prison.

Randolph County Assistant Prosecuting Attorney Christina Harper stated she believed that Pell’s bond was appropriately set. Harper explained to the court that the victim and the victim’s family, who wanted to avoid going to court, stated that the victim still had a fear of Pell and that the victim wanted there still be a no-contact order once Pell was out of prison.

Hall denied the motion to modify Pell’s bond.

According to a criminal complaint filed by Deputy J. Wolfe of the Randolph County Sheriff’s Office, on Aug. 13, Wolfe conducted a welfare check at a home near Beverly. An elderly woman at the home told the officer that Pell had “destroyed her house,” as the living room was “in disarray with broken ceramic material littering” the floor, and that Pell “beat my head with her fist.”

Wolfe said the woman had a bump on her head “consistent with being struck,” and he also observed “containers and plates of food containing spoiled and molded meat on the living room floor,” the complaint states.

Wolfe spoke with Pell, who lives in a camper next to the home, according to the complaint. Pell said she took care of the woman full-time, adding, “We get mad, we fight” and “She hit me and I grabbed her.”

Pell allegedly took the elderly woman’s walker, cell phone and house keys from her and took them to the camper, the complaint states.

Asked to return the woman’s cellphone, Pell “attempted to take the battery out of the cell phone so she wouldn’t break it. I believe this was an intentional attempt to deprive (the elderly woman) of her means of communication,” Wolfe wrote in the complaint.

Pell also allegedly refused to give the elderly woman all of her house keys back, saying, “That’s how I get inside to make sure she don’t bust her a-,” according to the complaint. Wolfe wrote that Pell made this statement while the elderly woman’s walker was sitting outside next to her camper.

The elderly woman expressed fear of Pell, saying she had been strangled by Pell twice in previous weeks, the complaint states. At the close of her conversation with Wolfe, Pell allegedly said, “I want her to burn in hell. I’ll make sure of it.”

During a preliminary hearing at Randolph County Magistrate Court on Aug. 23, Wolfe told the court that he spoke to the victim’s neighbors who expressed concern about the victim’s safety, claiming that when they tried to approach the home in the past, Pell would chase them away with her two dogs.

Wolfe also said during the preliminary hearing he had been by the residence before for a trespassing call and that another officer had been to the house previously, though Wolfe did not know what for.

A date for Pell’s sentencing has yet to be set.

Full Article & Source:
Beverly woman pleads guilty to strangulation

Hospice nursing assistant accused of stealing checks from elderly victim

by: Kevin S. Held


ST. LOUIS COUNTY, Mo. – A certified nursing assistant is accused of stealing checks from an elderly woman whom she was caring for and depositing those checks into their own account.

According to the St. Ann Police Department’s probable cause statement, the check scam occurred between Jan. 14 and March 31.

Police said the victim met Charnell Hawkins in the summer of 2024. Hawkins was performing hospice care for the victim’s husband, who eventually passed away.

Following the death of her husband, the victim called Hawkins to share the news. Hawkins allegedly offered to help the victim is she ever needed medical assistance in the future.

The victim was injured in a car crash on Nov. 1, 2024, and hospitalized until mid-January 2025.

While she was in the hospital, police said the victim contacted Hawkins, and the two arranged for the victim to move into Hawkins’ home in Old Jamestown.

The victim eventually moved into Hawkins’ home on Jan. 18 after spending time in a rehab facility, with an agreement that she’d pay Hawkins $2,000 a month for her care.

St. Ann police said they were called to the victim’s home over a concern that a cat was in the house and not being cared for. Officers went to the residence and discovered several pieces of furniture were missing and the victim could not be located.

Eventually, police learned the victim was staying with Hawkins and went to check on her there. The victim’s missing furniture was at Hawkins’ home. The victim told police she suspected Hawkins was misusing her money, adding that Hawkins had taken her checkbook and cell phone, and she hadn’t seen her own mail in several weeks.

Investigators discovered Hawkins had either cashed or deposited several checks from the victim in the amount of $36,750. Approximately $20,550 worth of checks had been written when the victim was either still in the hospital or at the rehab facility.

In addition, the victim told police she’d signed documents giving Hawkins power of attorney, but only for her medical care and not her finances. Police said Hawkins repeatedly tried to get the victim to sign over her home, but the victim refused to do so.

The St. Louis County Prosecuting Attorney’s Office charged Hawkins with financial exploitation of an elderly or disabled person. Online records do not indicate when she’s scheduled to appear in court.

Full Article & Source:
Hospice nursing assistant accused of stealing checks from elderly victim

Woman charged with felony elderly exploitation after camera catches Wayne County theft, deputies say


by: Rodney Overton

GOLDSBORO, N.C. (WNCN) — Deputies in central North Carolina said Monday that a health care worker was caught on camera stealing from an elderly victim.

The incident was first reported in early March when a man who was caring for an elderly person told deputies about a felony larceny, according to a Wayne County Sheriff’s Office news release.

The man told deputies on March 3 that money was missing from the elderly person’s wallet — “so much” money was missing that the man set up a video camera to monitor the wallet, deputies said in the release.

Nine days later, the man filed another report with deputies about the matter.

“The camera caught a health care employee who was coming to the residence on a regular basis, going through the victim’s wallet,” deputies said in the news release.

Late last month, warrants were filed for the arrest of Latavia Sharie Glonesya Brown, 24, deputies said.

Brown was caught and charged with three felony counts of elderly exploitation on March 26 in Greene County, according to deputies.

A court date is set for Brown in Wayne County District Court the morning of April 16, according to court records.

Full Article & Source:
Woman charged with felony elderly exploitation after camera catches Wayne County theft, deputies say

Wednesday, April 9, 2025

Recent Criticism of Organ and Tissue Donation: "NO!," the Transplant System is NOT ‘in Chaos’!

by Monty L. Donohew


According to a recent article in the New York Times, there are issues within the U.S. organ transplant system about which you should be aware if you are a person awaiting an organ transplant, or an intended recipient (the NYT article is behind a pay wall, but you can access the article for free in the Virgin Islands Daily News by clicking here).  If one could believe the headline, the "organ transplant system" is  "in chaos."  The headline is clearly exaggerated and untrue.   

Before delving into the specifics of the article, however, these challenges do not regard organ procurement or recovery.  In other words, please do not reconsider a donation!  If anything, the article raises issues that would be resolved by a larger supply of donors and donor organs.  In other words, the criticism does not, and should not, mean that if you are an intended donor, that your gift will not be honored.  
The article focuses on the practices of providing organs to patients on a waitlist.  According to the article, procurement organizations like Lifebanc in Northeast Ohio, and Legacy of Hope in Alabama sometimes provide organs to patients that are not at the top of a waitlist.  The story highlights the plight of Marcus, a man who reportedly was "next in line" for a kidney transplant, but who has been "skipped" multiple times in favor of patients at different hospitals. According to the Times, the practice of directing donations that do not strictly follow the "official waitlist" raises concerns about fairness and transparency in organ allocation, especially since some hospitals appear to benefit more than others.
The broader question raised by the authors is whether the U.S. organ transplant system, controlled by a single national network,  lacks transparency, leading to what some believe are inequities in who receives life-saving organs. Reforms have been proposed to increase accountability and ensure that the "official waitlist" is followed more strictly. Some argue that systemic changes are needed to prevent hospitals from unfairly influencing organ allocation and to ensure that every patient has a fair chance at receiving a transplant.  Of course, the article does not discuss or explore whether deviation from the official waitlist has any explanations or virtues, or whether strict reliance upon a waitlist might be disadvantageous.   
The article admits, for example, that there is already a highly regulated "official waitlist." The Times article doesn't really explain "why" patients like Marcus are skipped.  The Times did commission a survey showing that more organs in such cases go to hospitals with what it characterizes as "close ties" to organ procurement networks. The fact that hospitals with ties to organ procurement organizations receive more organs, however, may just reflect the fact that they conduct more donor recoveries and organ transplants, and are therefore more likely to be able quickly stand up a transplantation surgery reducing risk of loss of a donated organ.  The authors imply that any deviation from the list results from undue and unfair influence, and is therefore suspect, but the authors don't explore alternate explanations.  
The article is replete with strong denunciations by some advocates with little explanation why procurement organizations might "favor" one hospital over another.  Of course, procurement organizations haven't helped themselves, because they have not responded to the criticism.  There is no response from either procurement organizations or hospitalists regarding either the survey findings, or the rationale for anomalies explaining why a person might be "skipped."  I sought a response from two procurement organizations with which I am familiar, sharing the broad outline of my intended article, and I was unable to garner comment or response, but, that may reflect nothing more than a disciplined strategy regarding  public communication.
I am not  a doctor, but I suspect that there may be a variety of reasons, admittedly frustrating to a waitlist patient, that explain such anomalies.  For example, the relative proximity of the patient to the recovered organ (long trips for recovered organs present risks) might explain a skip.  The temporal availability of the patient, transplant teams, and/or operating rooms to make use of the recovered organ might explain anomalies (larger hospitals with large surgical staffs may simply be "ready," and/or one patient may relatively make a better candidate "in the moment" than another, regardless of list placement.  There may also be a variety of risk factors specific to a particular patient, hospital, transplantation, or transport.  Any or all of these seem to be pretty obvious possible explanations for deviating from a list. 
It is also possible that list anomalies occur as a result of the HIV Organ Policy Equity Act (HOPE ACT). What is the Hope Act?  It is the Act which permitted HIV positive individuals to make donations of organs and tissue. Until 2013 it was against federal regulation to transplant organs from someone who was HIV positive into a potential organ recipient, even if the intended organ recipient was also HIV positive. In 2013, these HIV prohibitions were deemed outdated by Congress and lifted. The HOPE Act directed the Health and Human Services (HHS) Secretary to develop guidelines to conduct research relating to HIV positive donors and organ transplantation.
Current regulations ensure that an HIV negative recipient does not receive an organ from a HIV positive donor, but HIV positive donors can donate organs and tissues to other HIV positive recipients. The HOPE Act simply gives more people a chance to donate life. Given the limited number of transplantable organs available for the more than 120,000 people who are awaiting transplants, it makes sense to find all possible ways to safely and ethically save as many lives as possible.  But, it also means that any particular organ may not be suitable for the person at the top of the list.  Of course, these details cannot be shared, due to medical privacy (HIPAA).  A doctor can't tell a reporter or a recipient that an organ is positive or negative because that violates the medical privacy of the organ recipient, potentially disclosing a patient's HIV history. I suspect there are similar restrictions for other health attributes, but I am just spit-balling here. The point is that I would be shocked, given such considerations, if every available donor organ went precisely to the next person on the list.
I get a sense when reading the article that at least some critics treat organs like product deliveries from Amazon: "I ordered first, so I should get mine first." The waitlist, however, isn't a "line" at the car wash where the first in line is always, or even should be, served first. 
I formerly taught medico-legal documentation and deposition preparation and conduct "classes" during Grande Rounds at a local teaching hospital.  I considered the opportunity  to work with such amazing minds a privilege and an honor.   I was amazed and impressed at the vast array of variables and considerations medical professionals in a hospital consider and resolve in making even routine decisions.  My strong suspicion is that the article, while certainly well researched, supported, and written, from the standpoint of a layperson, could not begin to report fairly to a lay audience the myriad reasons a simple list is not reflexively adhered to in making such momentous decisions. That does not mean that there may never be some form of corruption in the system, but the mere possibility of corruption extrapolated from a few cases should be considered critically. 
Regardless, if you are a donor awaiting a transplant, you should be aware of the facts, and better, be prepared for possible frustration and/or disappointment.  I would encourage those in positions of responsibility, if they don't already, to explain to patients and families that the waitlist is not a strict line, and manage expectations, frustrations, and disappointment.  Especially for those clinging to last hopes, honestly managing expectations would seem both moral and necessary. 
I also want to be careful that my criticism of the Times article is not woven into the  rhetorical crutch, "fake news." Reporting that raises awareness, asks questions, and challenges, even if by casting circumstances in the worst possible light, should be celebrated.  I am not suggesting that the authors engaged in shoddy reporting; as discussed I believe that the authors cast is probably limited by the fact that they aren't surgeons, hospitalists, or professionals routinely dealing with organ procurement and transplantation questions or concerns.  Professionals understand and appreciate, or should, that these articles, headlines, and narratives may not reflect the "whole story," just like a client's or patient's fears, apprehensions, or concerns, are usually not based upon the "whole story."  To the anxious or frightened layperson, though, these emotions are the only story.  That is why professionals work so hard to cultivate good productive relationships with clients/patients, and where appropriate, their families, so that their decisions and risks can be evaluated carefully, based upon their specific circumstances, thereby leaving them with only appropriate concerns, and realistic expectations.  Reporters, admittedly, are not in that "business."  
Full disclosure: both my wife and I were Ambassadors for Lifebanc.  My clients can attest, though, that I never, professionally "encourage" or "discourage" donation; as a lawyer my  professional responsibility is to see my client's wishes fulfilled.  Most clients have made decisions regarding donation prior to settling an estate plan. I can sometimes play a role in answering questions regarding the procurement and recovery process, and dispel unfounded fears or concerns (the most common being that the family of of a donor bears the cost of organ recovery), but my role as an "advocate "is appropriately left to seminars, public forums, and articles.          
For more information see Bryan M. Rosenthal, Mark Hansen and Jeremy White, "Organ Transplant System ‘in Chaos’ as Waiting Lists Are Ignored," New York Times, March 10, 2025

Full Article & Source:
Recent Criticism of Organ and Tissue Donation: "NO!," the Transplant System is NOT ‘in Chaos’!

Elder Justice Event Finds Abuse A Growing Problem With Many Potential Solutions


About 10% of people 65 and older experience some form of abuse, according to the Department of Justice, and the rates are trending upward over time. As the U.S. population ages, practitioners of elder law note that it is more critical than ever for legal systems to have the means to identify, report, and prevent abuse among older adults. 

On Feb. 16, the Solomon Center for Health Law and Policy, in collaboration with Yale General Internal Medicine, explored these issues in a half-day symposium, “Innovating Elder Justice: Law, Medicine, and Technology to Address Abuse and Financial Exploitation in Today’s Aging Society.” 

The event is the latest extension of the Solomon Center’s work in elder law. Since starting in the 2019-2020 academic year, the Adrienne C. Drell and Franklin W. Nitikman Elder Law Project has focused on the intricate challenges emerging at the intersection of aging and the law. Notably, the project introduced a pathbreaking seminar titled “Aging and the Law” in Spring 2020, taught and directed by Professor Nina Kohn, the Solomon Center Distinguished Scholar in Elder Law, and Kevin Cremin ’00, Director of Litigation for Disability and Aging Rights at Mobilization for Justice. Additionally, the elder law project started a Geriatric Medical Legal Partnership, which focuses on providing legal services to older adults with diminished capacity. Other initiatives include the collaboration with the Center to Advance Palliative Care (CAPC) at Mt. Sinai and the production of the book Law and a Hundred Year Life, co-edited by Abbe Gluck ’00, Solomon Center Faculty Director and Alfred M. Rankin Professor of Law, and Anne Alstott, Jacquin D. Bierman Professor in Taxation. Building on this history, the symposium brought together experts in law, health, and aging to address the issue from many perspectives.

The symposium commenced with an introduction from Heather K. Gerken, Dean and Sol & Lillian Goldman Professor of Law at Yale Law School, who emphasized the urgency of preventing elder abuse. Gerken expressed gratitude and recognition for Adrienne Drell ’92 and Franklin Nitikman ’66, whose generosity and support enabled the creation of the Elder Law Project.

Next was a keynote conversation between Gluck and Sen. Richard Blumenthal ’73. Gluck asked about the federal government’s role in promoting elder justice. Blumenthal responded by discussing how nursing homes and assisted living facilities need federal oversight because oversight can vary from state to state. He also emphasized the significance of Medicare funding and stated that strong federal oversight is becoming more feasible and cost-effective thanks to technological advancements. At the same time, Blumenthal noted, there are concerns about artificial intelligence being used to commit elder fraud — for example, scammers have used AI-generated voices to defraud older adults. He noted that the Elder Abuse Prevention and Prosecution Act may need updating in light of new technology.

Blumenthal also emphasized the importance of updating and strengthening conservatorship laws. Older adults must receive adequate protection, he said, but the law must also mitigate the risk of abuse by appointed conservators or guardians. He also highlighted how addressing elder abuse means addressing domestic and intimate partner violence and keeping people away from firearms. Gaps within current reporting mechanisms may hinder timely detection in elder abuse cases, he noted.

The first panel, titled “Elder Abuse and Financial Fraud: Causes, Enforcement Gaps, Policy Directions,” focused on the relationship between elder abuse and financial fraud. Nina Kohn, David M. Levy Professor of Law at Syracuse University and Solomon Center Distinguished Scholar in Elder Law at Yale Law School, served as moderator.

Laura Mosqueda, Professor of Family Medicine and Geriatrics at the University of Southern California’s Keck School of Medicine and the Director of the National Center on Elder Abuse, began by telling the stories of individual victims of elder abuse. She asked audience members to think about how they would have responded in each situation. She pointed out that current screening and follow-up methods are often too cursory to identify abuse before the victim suffers serious injury. Are these methods working for the people they are intended to work for, she asked, or to make us feel better? 

Mosqueda noted that there are a number of experiments and promising interventions underway already, but that more funding is needed to continue investigating what works best. Interventions targeting caregivers are promising, she said. Supporting caregivers can decrease abuse and neglect, she explained, because elder mistreatment may result from caregivers’ lack of knowledge or resources. 

Kathy Greenlee, Senior Director of Elder Justice Initiatives at Advancing States and former U.S. Assistant Secretary for Aging (2009-2016), discussed a report AARP published in June 2023 on financial exploitation and fraud. The report found that victims lose approximately $28.3 billion annually. Of this total, $20 billion is lost to someone that the victim knows. But only one in 10 people in such a situation will report it because victims may feel embarrassed, still love the person who took the money, or rely on that person for care. Many are afraid that they will lose their independence if they report. Using the word “scam” when talking to elders about financial abuse, which implies that victims have been tricked, does not capture the extent of the problem, Greenlee said. She explained that words like “theft” and “crime” make it clearer that financial abuse victims are not just those who are easily deceived. Greenlee added that everyone needs more education on preventing financial abuse — not just elders and their caregivers, but clergy, pharmacists, and others who may routinely interact with elders. 

Author Marie-Therese (MT) Connell said that researching and writing the book The Measure of Our Age: Navigating Care, Safety, Money, and Meaning Later in Life showed her how unprepared we are for the “challenges and gifts” of aging, and how this unpreparedness leads to abuse. There are not only high costs for elders and their caregivers, she said, but “cascading policy failures down generations.” Agreeing with Mosqueda and Greenlee, she emphasized the need for prevention tools, and called for multi-disciplinary approaches.

Connell also discussed the community-based model for elder abuse intervention she co-designed called RISE, which stands for “repair harm,” “inspire change,” “support connection,” and “empower choice.” The model includes restorative justice elements and works not only with Adult Protective Services but also various community partners. RISE offers solutions for both victims and perpetrators to help people rebuild healthy relationships. It also includes robust data collection methods because, Connolly explained, research must be baked into an invention from the beginning to get results and create policy change. Maine has already adopted and funded RISE and other states are in the process of doing so, she said.

The second panel, “Innovations in Addressing Elder Fraud and Abuse: Leveraging Law and Technology” touched upon specific interventions to prevent elder abuse. Alison Hirschel, Director and Managing Attorney of the Michigan Elder Justice Initiative, and Rebecca Iannantuoni, Partner at Day Pitney LLP and Supervisor, Geriatric and Palliative Medical-Legal Partnerships at Yale Law School, moderated.

Dr. Fuad Abujarad, Associate Professor of Emergency Medicine at Yale School of Medicine, started the discussion talking about VOICES, which stands for Virtual cOaching in making Informed Choices on Elder Mistreatment Self-Disclosure. VOICES is a digital health tool to assist older adults in self-identifying and self-disclosing elder mistreatment. It seeks to address the low instance of abuse being reported — just one of 24 abuse cases is reported, according to the National Center on Elder Abuse. Developed by a multidisciplinary team, VOICES allows older adults to self-report mistreatment instead of using a provider-based reporting system. Other advantages of this tool, Abujarad explained, are that it is private, confidential, and easy to operate. Abujarad noted that VOICES has already motivated more than 70 patients who otherwise had not shown any prior signs of mistreatment to report elder abuse.

Dr. Bonnie Olsen, Professor of Clinical Family Medicine at the Keck School of Medicine, University of Southern California, continued the discussion. Olsen is a clinical psychologist whose expertise is elder abuse, dementia, and capacity. She said that people who work with older adults need to understand the factors that facilitate elder abuse in the first place. 

“The more we know where the risks are coming from, we will be better equipped to prevent mistreatment or address it when it occurs,” Olsen said. 

Olsen discussed studies and interventions focused on providing tools to detect and address elder abuse by training patients and their caregivers. For example is the COACH (Comprehensive Older Adult and Caregiver Help) intervention, The program teaches caregivers and gives them social support to reduce the risk of caregivers mistreating older adults. Mosqueda, Olsen, Connolly, their colleagues conducted a double-blind, randomized controlled trial testing of COACH and found that the treatment group had no reported elder mistreatment, a significantly lower rate than the control group. 

Liz Loewy, co-founder & COO of personal detection and alert system EverSafe, focused on financial mistreatment. She said that stakes of elder fraud are high, calling it a “$36 billion problem.” Loewy, who previously served as the former Chief of the Elder Abuse Unit at the Manhattan District Attorney’s Office, explained that regulators and financial institutions have not offered an adequate response to underreported problem of elder fraud. Even when fraud is reported or identified, she added, it may be too late. 

What can be used to prevent elder financial abuse? According to Loewy, technology can provide protection against scams, but this tool is underused. One example of this technology she named is her company, EverSafe, which aims to fill the regulatory gap by detecting unusual financial activity and alerting people who serve as designated caregivers. There are many other technological tools to prevent elder mistreatment, Loewy said, but they all require a proactive approach that focuses on training and prevention.

The symposium concluded with remarks from New Yorker staff writer David Owen, introduced by Eugene Rusyn ’17. Owen shared the story of his mother’s experience of financial exploitation, which he has written about for the magazine. While many scams target older adults through the internet, Owen’s mother fell victim to schemes through postal mail. Owen explained that the deceptive mail gained his mother’s trust because it bore seals and stamps to create the illusion of government approval. Owen highlighted the challenges of reporting such scams to law enforcement and financial institutions. He noted that online reporting forms are often inaccessible to older adults and suggested that elder fraud may be more widespread than currently understood due to underreporting. In his closing remarks, Owen emphasized the role that media journalists should play in uncovering and exposing elder abuse.

Full Article & Source:
Elder Justice Event Finds Abuse A Growing Problem With Many Potential Solutions

Tuesday, April 8, 2025

Camera captures theft in Iowa nursing home, but legislation on the issue remains stalled

Based on video, a Des Moines care facility fired a worker suspected of theft

By Clark Kauffman

DES MOINES, Iowa (IOWA CAPITAL DISPATCH) - While legislation allowing all Iowa nursing home residents to have cameras in their rooms has failed to advance this session, the technology is being successfully used in one Iowa care facility.

State records show that unlike many Iowa nursing homes, Des Moines’ Greater Southside Health and Rehabilitation has a policy of allowing the use of resident-installed cameras so that family members can remotely monitor their loved ones.

The son of one elderly male resident of the home took advantage of that policy and had a camera installed in his father’s room at Greater Southside. Footage captured on Jan. 17, 2025, allegedly shows a certified nurse aide entering the man’s room at about 2 a.m., as the resident slept, and then accessing a locked drawer where the resident kept his money. It was later reported that $55 was missing from the drawer. Based on the video, the worker was fired.

The nurse aide was later interviewed by state inspectors and reportedly admitted entering the resident’s room but denied taking any money. She reportedly told inspectors that she was not aware the resident’s room was monitored by a camera installed by the man’s son.

The home’s administrator, Dirk Timm, told inspectors he watched the video on the son’s phone and it was evident to him that the nurse aide had unlocked the resident’s dresser drawer with a key, picked up something and placed the item in her pocket. He told inspectors the nurse aide informed him the resident had asked her to put his wallet in the drawer — a claim the resident denied.

The facility was subsequently fined $500 for failing to protect residents from abuse in the form of financial exploitation.

Timm told the Iowa Capital Dispatch the facility allows resident-installed cameras as long as they don’t intrude on the privacy of other residents and don’t capture bedside care in a manner that could violate a resident’s right to dignity. If a resident who wants an in-room camera has a roommate, the roommate and the facility must each agree to the use of such a device.

So far, Timm said, the policy of allowing cameras hasn’t caused any problems.

“There has been some suspicion of the cameras among some people, but I think that may be just paranoia,” he said. “But we do have information posted, as far as our policies go, and so if anyone does have an issue with the policy we just try to contact the resident’s family and let them know.”

After nine years, legislation remains stalled

A week after the incident at Greater Southside, legislation that would prohibit Iowa care facilities from barring the use of resident-installed cameras was introduced in the Iowa House and referred to a committee. Although it is backed by the state’s Office of Long-Term Care Ombudsman, it has failed to advance.

Similar legislation was introduced in the Iowa Senate last month, but it, too, has failed to advance.

Since 2017, similar legislation has repeatedly run into stiff opposition from the Iowa Health Care Association, the organization that lobbies the Iowa Legislature on behalf of many of the state’s nursing homes.

During the 2023 legislative session, IHCA lobbyist Merea Bentrott told Iowa’s nursing home owners she was “locked, loaded and ready to go” in opposing that year’s cameras-in-nursing-homes bill.

“This is something we’ve opposed for many, many years,” Bentrott told IHCA members on a call the association recorded and later uploaded to its website. She said she was able to persuade a committee chairman to spike the bill and prevent it from moving forward.

“I’m happy to say that yesterday we were able to kill that legislation,” Bentrott said in the call. “That is good news. That was on the House side of things. The bill never had legs in the Senate. We talked to them very early on and we were able to get them to a point where they agreed that camera legislation was not something that they would make an issue this year. So, we were confident we would be able to kill the bill in the Senate, but we didn’t even want it to get to a subcommittee in the House and we were successful in preventing that from happening. So that is a big win.”

During a subsequent call, Bentrott warned the IHCA members that the camera legislation was likely to come up again in the future. “This is something that will probably come up every single year,” she said. “Best case scenario is that we kill it before it even gets any legs.”

This year, the Iowa Health Care Association is not officially registered as lobbying lawmakers on either the House or Senate version of the camera-in-nursing-homes bill.

However, IHCA was never registered as opposing the 2023 bill, either — despite Bentrott’s admission that she had actively and successfully lobbied lawmakers in an effort to “kill” the legislation.

Full Article & Source:
Camera captures theft in Iowa nursing home, but legislation on the issue remains stalled

Woman charged for cruelty and exploitation of an elderly man


by: Lilianna Badeaux

JENNINGS, La. (KLFY) — A woman was arrested in connection with cruelty and exploitation of an elderly man after stealing over $40,000 from his bank account for five months, authorities said.

Betty Fulton, 58, was arrested and booked into the Jeff Davis Parish Jail for the following charges: cruelty to the infirmed, exploitation of the infirmed and theft, authorities said.

According to police, they arrested Fulton on March 31 after responding to a domestic disturbance in the 1300 block of North Main Street. Upon arrival, officers said they discovered Fulton arguing with another man regarding the care of an elderly man who lived inside the residence.

During the investigation, it was revealed that the elderly man seemed to be malnourished and was living in unclean conditions. The officers then transported him to the nearest hospital for a medical evaluation, authorities said.

Later on, authorities said they discovered Fulton checked out the elderly man out of a local nursing home against doctors’ orders five months prior, and had been withdrawing multiple transactions totaling over $40,000 from the man’s bank accounts since.

Full Article & Source:
Woman charged for cruelty and exploitation of an elderly man 

Monday, April 7, 2025

Attorney owes $26M for malpractice, elder abuse

BROOKLYN — A federal court preserves a $26 million jury verdict against attorney Howard Kleinhendler, who was accused of legal malpractice, fraudulent inducement and exploitation of a vulnerable adult. The evidence on the record supports allegations that the attorney persuaded an elderly client with Alzheimer’s to sell his 1,000-acre Virginia property for a reduced price of $12 million to a group of investors he had formed without disclosing his conflicts of interest.


Read the ruling here.

Source:
Attorney owes $26M for malpractice, elder abuse

Missouri woman indicted for scamming over 1 million from elderly Facebook user


A woman from Independence, Missouri, was arrested following a five-count federal indictment alleging she defrauded an elderly victim of more than $1 million.

Amanda Sargent, 35, was indicted by a federal grand jury on March 26, 2025. The indictment was unsealed after her arrest. According to the indictment, Sargent allegedly met the victim through a Facebook group that connects individuals experiencing homelessness in the Kansas City area with community resources.

In late 2021, Sargent posted a request in the Facebook group asking for assistance with car repairs. The elderly victim responded by sending a small amount of money. Over the next two years, Sargent allegedly made repeated false claims requesting help for various expenses, including medical bills, rent, utilities, and a kidney transplant. The victim believed the money was helping Sargent and her children and ultimately sent over $1 million between late 2021 and mid-2023.

According to the indictment, Sargent’s claims were false, and she withdrew the money in cash for personal use.

The Platte County Sheriff’s Office initiated an investigation after the victim reported the suspected fraud. The indictment includes five counts, each representing separate alleged acts of fraud.

The charges in the indictment are accusations and do not constitute evidence of guilt. Prosecutors must present evidence to a federal trial jury, which will determine guilt or innocence.

If convicted, Sargent faces up to 20 years in prison and a fine of up to $250,000 per count. Sentencing will be determined by the court, based on federal guidelines and other statutory factors. A sentencing hearing will be set following a presentence investigation by the United States Probation Office.

Full Article & Source:
Missouri woman indicted for scamming over 1 million from elderly Facebook user

Sunday, April 6, 2025

Brooklyn Columbian Lawyers’ April CLE tackles ‘Estate Battles and Guardianship Nightmares’

‘A very nuanced topic; it’s not clear cut and black and white’

by Wayne Daren Schneiderman


CONEY ISLAND
— The most recent Continuing Legal Education (CLE) program for the Columbian Lawyers of Brooklyn was a bit atypical — at least in its execution, by speakers Ellyn Kravitz, Esq., partner at Abrams Fensterman, and Britt Burner, Esq., partner at Burner Prudenti Law.

Both women ventured out from behind the large table that typically houses CLE presenters, essentially breaking the fourth wall and making for a more personal and in-your-face presentation for the audience right from the get-go.

The CLE took place at Gargiulo’s on the evening of April 2 to an impressive and seemingly inquisitive crowd. 

The topic, “Yours, Mine, and Who Sues Who? Estate Battles, Blended Families, and Guardianship Nightmares,” focused on “blended families,” or family units where one or both partners have children from a previous relationship.

“It’s different than the standard husband, wife, two kids, white picket fence scenario,” Burner explained, adding that several issues may arise in blended families, such as inheritance disputes, financial exploitation, and end-of-life health care decisions. 

Concerning guardianships, the emphasis was specifically on Article 81, which is for any incapacitated adult, typically an elderly person who can no longer handle their daily and customary activities.


A nuanced topic

Both Kravitz and Burner touched upon Statutory Power of Attorney and being a health care proxy.

“You want to make sure that you have a health care agent and a power of attorney who can work together,” Burner said. 

A scenario arose involving a long-standing second marriage — each with children from their first marriage.

“Everyone got along until they didn’t,” Kravitz noted. “They had done some Medicaid planning, but that had to be redone when the husband suffered a catastrophic illness. An irrevocable trust was created that needed to be revoked under EPTL 7-1.9.”

Ultimately, one of the trustees refused to consent to the revocation, and a guardianship proceeding needed to be commenced to force the issue. 

 “What Britt and I hoped to convey with this scenario is for you all to appreciate and understand how we can be resourceful and work with the court and the clients to achieve the best outcome for someone alleged to be incapacitated,” Kravitz underscored.  

“For other attorneys and judges,” Burner added, “in their courtrooms as well as in their offices, they are faced with people who might have diminished capacity, and they don’t necessarily know what to do with that.”

Burner explained that one must understand that this is a very nuanced topic, “There is a lot of gray area when it comes to capacity and planning around it.” 

According to Kravitz, “Trust and Estates is for everybody; everyone needs advanced directives, powers of attorney, health care proxies — people need a will. It’s simply beneficial knowledge.”


Some background 

Ellyn Kravitz, Esq. specializes in elder law, estate planning, estate administration, special needs planning, and veterans’ benefits. She is an authority on issues affecting adults and children with disabilities, seniors, and military veterans. Kravitz is certified as an elder law attorney by the National Elder Law Foundation as accredited by the American Bar Association. She received her Juris Doctor degree from the New England School of Law and her LL.M. in estate planning from the University of Miami. She received her undergraduate degree from the University of Michigan.

Britt Burner, Esq. has distinguished herself as a leading elder law and estate planning attorney in the New York area, most recently being recognized in the 2025 and 2024 Best Lawyer rankings for Elder Law and Trusts and Estates in Manhattan. Burner is active in the Elder Law community, previously serving as the immediate past-chair of the New York City Bar Association Committee on the Legal Problems of the Aging and now serving as chair of the Elder Law and Special Needs section of the New York State Bar Association. Burner received her undergraduate degree from Boston College and her Juris Doctor from Brooklyn Law School. 

Full Article & Source:
Brooklyn Columbian Lawyers’ April CLE tackles ‘Estate Battles and Guardianship Nightmares’

Hard choice for a comfortable death: Sedation

NYT: Inducing sleep with drugs near the end of life, a practice called terminal sedation, is a widely used treatment, but it often frustrates families and doctors. 


By ANEMONA HARTOCOLLIS

In almost every room people were sleeping, but not like babies. This was not the carefree sleep that would restore them to rise and shine for another day. It was the sleep before — and sometimes until — death.

In some of the rooms in the hospice unit at Franklin Hospital, in Valley Stream on Long Island, the patients were sleeping because their organs were shutting down, the natural process of death by disease. But at least one patient had been rendered unconscious by strong drugs.

The patient, Leo Oltzik, an 88-year-old man with dementia, congestive heart failure and kidney problems, was brought from home by his wife and son, who were distressed to see him agitated, jumping out of bed and ripping off his clothes. Now he was sleeping soundly with his mouth wide open.

“Obviously, he’s much different than he was when he came in,” Dr. Edward Halbridge, the hospice medical director, told Mr. Oltzik’s wife. “He’s calm, he’s quiet.”


Mr. Oltzik’s life would end not with a bang, but with the drip, drip, drip of an IV drug that put him into a slumber from which he would never awaken. That drug, lorazepam, is a strong sedative. Mr. Oltzik was also receiving morphine, to kill pain. This combination can slow breathing and heart rate, and may make it impossible for the patient to eat or drink. In so doing, it can hasten death.

Mr. Oltzik received what some doctors call palliative sedation and others less euphemistically call terminal sedation. While the national health coverage debate has been roiled by questions of whether the government should be paying for end-of-life counseling, physicians like Dr. Halbridge, in consultations with patients or their families, are routinely making tough decisions about the best way to die.

Among those choices is terminal sedation, a treatment that is already widely used, even as it vexes families and a profession whose paramount rule is to do no harm.

Doctors who perform it say it is based on carefully thought-out ethical principles in which the goal is never to end someone’s life, but only to make the patient more comfortable.

But the possibility that the process might speed death has some experts contending that the practice is, in the words of one much-debated paper, a form of “slow euthanasia,” and that doctors who say otherwise are fooling themselves and their patients.

There is little information about how many patients are terminally sedated, and under what circumstances — estimates have ranged from 2 percent of terminal patients to more than 50 percent. (Doctors are often reluctant to discuss particular cases out of fear that their intentions will be misunderstood.)

While there are universally accepted protocols for treating conditions like flu and diabetes, this is not as true for the management of people’s last weeks, days and hours. Indeed, a review of a decade of medical literature on terminal sedation and interviews with palliative care doctors suggest that there is less than unanimity on which drugs are appropriate to use or even on the precise definition of terminal sedation.

Discussions between doctors and dying patients’ families can be spare, even cryptic. In half a dozen end-of-life consultations attended by a reporter over the last year, even the most forthright doctors and nurses did little more than hint at what the drugs could do. Afterward, some families said they were surprised their loved ones died so quickly, and wondered if the drugs had played a role.

Whether the patients would have lived a few days longer is one of the more prickly unknowns in palliative medicine. Still, most families felt they and the doctors had done the right thing.

Mr. Oltzik died after eight days at the hospice. Asked whether the sedation that rendered Mr. Oltzik unconscious could have accelerated his death, Dr. Halbridge said, “I don’t know.”

“He could have just been ready at that moment,” he said.

With their families’ permission, Dr. Halbridge agreed to talk about patients, including Mr. Oltzik and Frank Foster, a 60-year-old security guard dying of cancer. He said he had come to terms with the moral issues surrounding sedation.

“Do I consider myself a Dr. Death who is bumping people off on a regular basis?” he asked. “I don’t think so. In my own head I’ve sort of come to the realization that these people deserve to pass comfortably.”

An Uncomfortable Topic
For every one like Dr. Halbridge, there were other doctors who, when asked about their experiences, would speak only in abstract and general terms, as if giving a medical school lecture, and declined requests to arrange interviews with families who had been through the process. It is a difficult subject to discuss.

The medical profession still treats its role as an art as much as a science, relying on philosophical principles like the rule of double effect. Under this rule, attributed to the 13th century Roman Catholic philosopher Thomas Aquinas, even if there is a foreseeable bad outcome, like death, it is acceptable if it is unintended and outweighed by an intentional good outcome — the relief of unyielding suffering before death. The principle has been applied to ethical dilemmas in realms from medicine to war, and it is one of the few universal standards on how end-of-life sedation should be carried out.

At Metropolitan Hospital Center, a city-run hospital in East Harlem, Dr. Lauren Shaiova, the chief of pain medicine and palliative care, has issued 20 pages of guidelines for palliative sedation. The guidelines include definitions, criteria, what to discuss with family and hospital workers and a list of drugs to induce sleep, control agitation and relieve pain.

The checklist of topics to be discussed with the family includes whether to offer intravenous food and water. Another checklist anticipates that some hospital workers may be upset by the process, and recommends a discussion with questions like: “Were you comfortable with the sedation of this patient? If not, what were your concerns?”

But clarity, doctors say, is hardly the rule. In 2003, Dr. Paul Rousseau, then a Veterans Affairs geriatrician in Phoenix, wrote an editorial in the Journal of Palliative Medicine calling for more explicit guidelines and research. He noted that some researchers include intermittent deep sleep in the category of palliative sedation, while others limit it to continuous sedation, which he said might explain some of the variance in estimates of how often it occurs.

And he proposed more systematic research into the types of medications used, how long it takes for patients to die, and the feelings of family and medical staff.

Doctors at two prominent New York City , and NewYork-Presbyterian Hospital, freely discussed their policies on terminal sedation, but were reluctant to allow a reporter to talk to patients or families. The policy adopted by Beth Israel’s hospice endorses palliative sedation to “carefully selected patients” at the end of life. The three-page policy reviews legal, ethical and clinical considerations in broad strokes, but refrains from providing names of drugs and checklists.

Dr. Russell Portenoy, chairman of , said the policy reflected the perceived perils of too much specificity. The hospice ethics committee decided that every patient was different, he said, and that “it was better to present a policy at this 10,000-foot level.”

The Metropolitan guidelines authorize certain drugs to induce palliative sedation, or in conjunction with sedation for pain, and agitation. The sedation drugs are lorazepam, midazolam, phenobarbital and, in the intensive care unit only, sodium thiopental.

For pain, the guidelines list opioid drugs, including morphine, methadone and fentanyl.

Doctors say that other drugs used for sedation are ketamine, an anesthetic and sedative popular at rave parties, and propofol, an anesthetic, which was ruled, with lorazepam, to have caused Michael Jackson’s death. In very high doses, sodium thiopental is used as a sedative in the three-drug combination used for lethal injections.

There is one ethical guidepost for all the protocols: Terminal sedation should not become so routine that the end of life is scheduled like elective surgery, for the convenience of the doctor or the family, or because the patient’s care is no longer economically viable.

Physicians occasionally feel pressure to turn up the medication, said Dr. Pauline Lesage, Beth Israel’s hospice medical director. The pressure may come from weary relatives, who say, in effect, “Now it’s enough; I just want him to disappear.”

Sometimes the pressure is institutional. “You may be tempted to jump over because, oh well, ‘I need the bed,’ or ‘That’s enough, I don’t see what we are doing here,’ ” she explained.

The doctors resist pressure to deliberately hasten death, she said. “Otherwise you see that you are jumping into a different field.”

The Conversation
Leo Oltzik was a lanky man with a piercing gaze, a draftsman who, among many of his projects, worked on plans for the Second Avenue subway. In 57 years of marriage, he and his wife, Eleanor, had a son and a daughter and hardly ever argued.

They slept in the same bed, even after a railing had to be installed on one side to keep Mr. Oltzik from jumping out. But around Thanksgiving, Mr. Oltzik became too agitated for his wife and son to continue caring for him at home. “He was fighting death,” Mrs. Oltzik said.

After three days of efforts to calm Mr. Oltzik in the hospice failed, Dr. Halbridge told the family that he was going to try an IV drip. Mr. Oltzik was connected to an intravenous bag of Ativan, a brand name of lorazepam, and he was given Roxanol, a liquid morphine, for pain and . He lay in a large room where the December sun washed over flowered curtain ruffs, plush carpeting and lavender chairs. He looked as if he was sleeping, except to his wife.

“That’s not him,” she said, pulling out a photograph from better times.

On the sixth day, the staff invited Mrs. Oltzik and their son into a cozy meeting room, equipped with an overstuffed couch and chairs. They were joined by Dr. Halbridge; Barbara Walsh, a nurse managing the hospice team; and Lynne Kiesel, a medical social worker, who called the Oltziks’ daughter, Barbara Ladin, in Florida, and put her on a speakerphone.

“We have these meetings to talk about how you’re doing, how he’s doing, and to give you a chance to ask us questions,” Ms. Walsh began, then turned to Dr. Halbridge, who signaled his profession with the stethoscope wrapped over his dark blazer like a shawl.

“Our biggest challenge was to try to get him not to be so agitated,” Dr. Halbridge began.

The staff had tried to calm him with various medications by mouth, without success. “So we put him on an IV medication, which is dripping in at a continuous rate,” he said.

The doctor pressed ahead, in a cheerful, upbeat voice, tinged with regret, saying that the staff had to decide what was better for Mr. Oltzik in the long run and wanted the family’s opinion. His was falling, “which implies that his body is slowing down, but he’s comfortable, and that’s what we’re looking for,” Dr. Halbridge continued. (Low blood pressure can be a side effect of Ativan and Roxanol, according to the drug manufacturers, as well as a consequence of the dying process.)

Ms. Walsh added consolingly, “He really looks like he’s sleeping.”

She said, apologetically, that the hospice had tried to find a balance between controlling Mr. Oltzik’s agitation and making him too sleepy.

“We did go to this IV as kind of a last measure, because we know that people do get sleepy and may not be as responsive, and we know how hard that is for the family to see,” she said.

Mr. Oltzik’s daughter zeroed in on the question that had been hanging over the discussion: “This is the end?”

“Yes, pretty much,” Dr. Halbridge said, “because what we’re seeing is a man who had a rather significant blood pressure on admission, and over the past day now, and today again, his blood pressure is even lower. So we’re talking about a poor prognosis and a shorter time.”

Mr. Oltzik’s son detected an almost imperceptible change in his mother. “Stay calm,” he urged her.

Moments later, the social worker gently entered the discussion, saying, “You’ve given him excellent care at home.”

“I worked very hard,” Mrs. Oltzik said.

Although throughout the half-hour meeting the staff had never explicitly asked to continue sedating Mr. Oltzik, his daughter now gave them tacit permission: “We understand that the inevitable is here, but we wish him to go in peace and to find solace in that,” Ms. Ladin said.

When the conference was over, Mrs. Oltzik still seemed to be ruminating. As many relatives do, she had hesitated over whether her husband should be given and water through tubes, now that he could not feed himself. The thought of someone dehydrating or starving is one of the most difficult emotional burdens for families, and was the crux of the famous fight over , a vegetative Florida woman whose husband wanted to let her die, but whose parents did not.

Palliative care doctors generally agree that sedated patients do not feel pain from or starvation, and that food and water may only prolong agony by feeding the fatal disease.

Mrs. Oltzik had done some research, and decided that nutrition and water would only burden her husband’s system. “The idea is now not to make him work harder, but to be as peaceful and calm as he can,” she said. “Common sense dictates that that would be the way to go.”

Much of the conversation had proceeded not in black and white like a legal document, but in shades of gray. By the end, they all seemed to understand one another, though ultimately Mrs. Oltzik would express some sadness at being unable to interact with her husband.

The Family’s Dilemma
From Karen Foster’s perspective, watching her husband, Frank, die while sedated was the least in a series of cruel blows. Mr. Foster, who arrived at the Franklin hospice about the same time as Mr. Oltzik, had stoically hidden his from his family for years. As recently as October, he was still driving, Mrs. Foster said; then he suddenly went downhill.

The night before Thanksgiving, her husband was acting bizarrely, and soon he was admitted to the hospice, Mrs. Foster said. Dr. Halbridge put him on morphine for pain and Ativan to calm his shortness of breath and . It was terminal sedation, Dr. Halbridge said, but Mr. Foster’s liver was failing so rapidly that no medication could have hastened his death.

Mrs. Foster sat stiffly at his bedside in a cloche hat and long coat, as if she expected him to go any second. She said she was relieved that her husband was no longer suffering. The sight of him sedated, his mouth open in a premonition of death that some doctors call “the O sign,” was less shocking than the disease he kept secret, she said.

But families sometimes push back. Marguerite Calixte, a day care worker, asked Dr. Halbridge to wake her husband out of deep sedation — begun the day before because he had trouble breathing — so she could say goodbye.

Her husband, Alix, who was 53, had trained as a nurse and had told her that if he was going to die of his , he wanted to die at home, with his wife and their two teenage children.

On a Thursday night, Dr. Halbridge began decreasing the morphine drip, and by the next morning, Mr. Calixte’s eyes fluttered open. “I’ve been talking to him,” his wife said on Saturday, in Haitian cadences. “I say, ‘If you want to go home, squeeze my hand tight.’ He keep doing it over and over.”

Ms. Walsh, the team manager, patiently gave Mrs. Calixte a lesson in how to take care of her husband, but doubted that he would be able to go home on Monday, and she was right.

He died that Saturday night, when his wife went home to have dinner with their children.

Mrs. Calixte believed the morphine was to blame. “He died quicker,” she said. “I don’t know when it was going to be, but it wasn’t going to be now. The thing is, he was going to suffer. I know that. But he wasn’t going to die so quick.”

Dr. Halbridge said there was “no way of knowing which would have taken him sooner,” the medication or the disease. He said the conflict between his desire to make Mr. Calixte comfortable and Mrs. Calixte’s wishes made the case “a tough one, I admit.”

Teaching a Difficult Subject
The has endorsed “palliative sedation to ” and in 2008, the issued a policy statement supporting palliative sedation, except when it is used primarily for emotional distress. Even the , while rejecting a constitutional right to physician-assisted , has opened the door to palliative sedation.

There is general agreement that “a patient who is suffering from a terminal illness and who is experiencing great pain has no legal barriers to obtaining medication, from qualified physicians, to alleviate that suffering, even to the point of causing unconsciousness and hastening death,” Justice wrote in a 1997 case, .

One provision of the House health care bill, which passed in November, recognizes that palliative care may include treatment “furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death.” The bill — but not the Senate version, passed on Thursday — also allows doctors to be reimbursed for discussions with patients about what treatments they would want or decline. This gave rise to charges by some Republicans that “death panels” would be convened to decide who deserves life-saving treatment.

Amid the furor, the bill was revised to make clear that patients would not be forced to forgo treatment.

Terminal sedation remains touchy enough that last month, Dr. Lyla Correoso, Bronx medical director of the Visiting Nurse Service of New York, and Dr. Shaiova spoke with doctors, nurses, administrators and social workers at Metropolitan Hospital about how to explain the process to families and colleagues, so no one would feel guilty or betrayed.

The title of the lecture, projected on a giant PowerPoint screen, conveyed the crux of the dilemma: “The Double Effect: Is it the Drug or the Disease?”

“Some people speculate that people are really covering up the fact that this is really perhaps a type of euthanasia or maybe something else that’s really afoot,” Dr. Correoso said. “You have to have good overall intent, and most physicians, that’s what we’re here for — we’re here to do something good.”

She advocated setting “goalposts” in advance, by asking patients to stipulate “the farthest line I’m not going to cross” — including sedation.

The most pointed questions came from a chaplain, Rabbi Isaac H. Mann. Was it possible, he asked, that a person under deep sedation could still be feeling pain, and how would the staff know?

“Yes,” Dr. Shaiova replied. But they often expressed pain through agitation or grimacing, she said, adding, “Err on the side of treating them” with pain-controlling drugs.

The chaplain pressed for more clarity, even after the meeting had broken up. Was she trying to say, he asked Dr. Correoso, that if morphine killed a patient, “you wouldn’t mind?”

“Then you’ve already broken the principle of double effect,” Dr. Correoso replied.

“The doctor knows that this can kill the patient,” Rabbi Mann insisted.

“The doctor doesn’t know,” Dr. Correoso said. Then she repeated a refrain often heard in the world of palliative medicine: “It’s not easy to kill a patient. People think it’s easy, but it’s really not. That’s why Dr. Kevorkian had to use all that” combination of drugs.

The Gray Zone
On the day Dr. Shaiova and Dr. Correoso lectured on terminal sedation, they were also consulting with a patient at Metropolitan Hospital who was dying of lung cancer. The patient, Gloria Scott, 50, had learned of her cancer in June.

End-of-life treatment often has a kind of studied ambiguity to it, and such was the case with Ms. Scott.

After she was moved to the hospice wing of in Jamaica, Queens, she received fentanyl, a synthetic opioid pain reliever, through an IV line that gave her the drug continuously, and allowed her or a nurse or doctor to push a pump for more when she had “breakthrough” pain. Under her right ear, she wore a scopolamine patch, used to reduce secretions. Scopolamine has sedative and mood-altering properties, and was once combined with morphine to induce “twilight sleep” for women giving birth. Ms. Scott also had standing orders for Ativan, the sedative, and Haldol, for delirium, two more drugs in the palliative sedation arsenal.

At first, though in pain, she was lively. She sat on the bed in the lotus position, which eased her pain, and in her Betty Boop voice, punctuated by an infectious giggle, she talked about her favorite Motown music and her plans to get a business degree.

She fiercely resisted signing a “” order, although she would later change her mind. “I don’t know when is my last day,” she said. “I might outlive one of you all.”

She asked her doctor at the hospice agency, Erik Carrasco, to keep the fentanyl, which she had begun taking at the hospital, turned down low. Otherwise, she said, “you sit here and you nod. I don’t want to be like that.”

Two weeks later, the change in Ms. Scott was marked. She was still alive but dessicated and barely responded to visitors. Her companion, Milton Cruz, was troubled by her “semi-dreamland” state, as he put it, but was shy about asking questions.

In her last days, she lost the desire to eat or drink, though nurses continued offering food and water, Dr. Carrasco said. The textbook survival time for patients who stop eating and drinking is two weeks, Dr. Carrasco said, but he said he had seen people last longer — elderly people who had survived the Holocaust and “people who are waiting for someone, like a son.”

She died after 22 days. Dr. Shaiova said she did not consider Ms. Scott’s sedation to be palliative or terminal sedation, because that was not her doctor’s intention. Her body had sedated itself as a defense against the disease, Dr. Shaiova said, and she had been on fentanyl long enough to develop some tolerance, making it unlikely to have hastened her death.

“When you’re sick, you’re sick, and everything else is somewhere in the gray zone, and that’s the problem,” Dr. Shaiova said.

Dr. Carrasco said that while the medication might have contributed to her , he believed she had died a natural death. “What I’ve been seeing sometimes is you release the pain,” he said, “and even though you are using very small amounts of morphine or narcotic, they relax and pass away.”

The Semantics
Even when everybody agrees that terminal sedation is a humane response to unyielding suffering, many doctors seem to feel a prick of conscience.

“There should be ambivalence,” said Dr. Joseph J. Fins, chief of medical ethics at Weill Cornell Medical College. “If it became too easy and you weren’t ambivalent, then I would really start worrying about it. But the fact that you’re worrying about it doesn’t mean you’ve done something wrong.”

In a 1996 paper in the Journal of Palliative Care that is still debated within that community, Dr. J. Andrew Billings, a Harvard professor and palliative care doctor at , and Dr. Susan D. Block, a psychiatrist, took on the moral ambiguity surrounding terminal sedation. They argued that the main distinction between terminal sedation and euthanasia was time.

Terminal sedation would lead inexorably to death, but “not too quickly,” they said. They derided the rule of double effect in this context as a rationalization, a subtle cover-up, of what they called “slow euthanasia.”

Even a simple morphine drip, they said, could put patients into a stupor at the right dose or when combined with other drugs or when concentrated by the inefficiency of a damaged liver or kidneys.

“If the morphine drip becomes a code word for slow euthanasia,” they wrote, “laypersons may be increasingly wary of the other uses of opioids.”

Both Dr. Billings, who is still at Harvard, and Dr. Block declined requests to be interviewed.

The authors did not endorse euthanasia, but their arguments have been used by others looking to make the case for public acceptance of euthanasia, to the dismay of some doctors who defend terminal sedation.

People who adopt this argument say, “We know what you’re really doing, it’s crypto-euthanasia,” Dr. Fins said. “Polemics really have no place at the bedside.”

Dr. Fins said he sometimes told families that terminal sedation was altruistic, because they might be giving up an extra day or two “of communication with the person you love in the service of that love.”

As for the argument that double effect is overly scholarly, Dr. Fins said: “I can’t imagine a world at the end of life without double effect. We’d be highly impoverished without it, and patients would suffer needlessly without it. We do need our philosophical contrivances in order to be pragmatic physicians and caregivers.”

Ambivalent, Then Accepting
Mr. Oltzik died two days after the meeting between Dr. Halbridge and his family, and Dr. Halbridge was frank in describing his treatment.

Asked if he would call it palliative sedation, Dr. Halbridge said, “This would be called terminal sedation, almost.” He said he hesitated only because the word “terminal” sounded negative and might make the family feel bad, when “it’s really comfort care.” The terms “palliative” and “terminal” were interchangeable, he said.

Speaking with considerable passion, he said he saw himself as the doctor who would not “forsake” patients by telling them he could do nothing for them. If there was no cure, he could at least offer comfort. “We are not gods who can cure everything, and I think at some point in time you have to accept that,” he said, “and to me, it’s the mark of an honest doctor who understands when that time has come.”

The decision to administer terminal sedation was based on a review of the patient’s history that convinced him that Mr. Oltzik was “terminally agitated,” he said. “It means that he is entering the dying process and for whatever reason — whether it’s physical, spiritual — something is interrupting the peaceful passing, and to me, because it’s so uncomfortable for the family and for the patient, that’s the time to medicate the patient and make them comfortable, because no matter what you do, he’s not going to go back to the old Leo that he was.”

He then told a self-deprecating joke about a doctor who gets to the gates of heaven and demands to jump to the head of the line, only to be turned back by St. Peter. But St. Peter opens the gates to someone else carrying a doctor’s bag. “That’s God,” St. Peter explains. “He just thinks he’s a doctor.”

Young residents often challenge him, saying things like, “If I’m 105 years old, I want to be fed, no matter what,” Dr. Halbridge said. His response is, “O.K., but did you ask your patient what he wants?”

Some patients are getting “multimillion-dollar workups” in the intensive care unit, he said, but make their wishes known by pulling out tubes. “I think a light bulb should go off in somebody’s head after the third time he pulls it out. Am I going to change the outcome of this, and if I’m not, why am I doing it?”

At one point, however, Mrs. Oltzik changed her mind.

“She was having second thoughts on that, and then she was saying, ‘I wonder if we should cut back on his medication,’ ” Dr. Halbridge said.

She hoped for a last chance to communicate with her husband, but Dr. Halbridge said he warned her that Mr. Oltzik was more likely to wake up agitated and suffering. Dr. Halbridge did not want to feel like he was experimenting. “I have a little bit of a problem with using the patient as kind of a guinea pig and saying, ‘Well, the medication worked nicely, now we’ll take it away and see if they bounce back the other way,’ ” he said.

Did he wake Mr. Oltzik? There was no need, Dr. Halbridge said: “He passed away within a couple of minutes.”

A couple of weeks later, Mrs. Oltzik still felt a bit uneasy. “They had him so heavily sedated that he was in a stupor,” she said. “I didn’t say goodbye to him, which hurts me.”

But she did not fault the hospice team’s judgment. She could not think of any other way to handle her husband’s agitation. As to whether his death had been speeded up, even a tiny bit, she said philosophically, “There was no way of knowing.”

This article, Hard Choice for a Comfortable Death: Sedation, first appeared in The New York Times.

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Hard choice for a comfortable death: Sedation