Arizona governor calls for stronger protections after incapacitated woman’s pregnancy

(PHOENIX) — Arizona’s governor is calling for stronger protections for people with disabilities in the wake of a sexual abuse scandal at a long-term care facility.

Gov. Doug Ducey issued an executive order on Wednesday that will lead to increased oversight and better protocols for preventing, recognizing and reporting abuse and neglect at health care facilities, according to a statement.

“All Arizonans deserve to be safe — and we have a special responsibility to protect those with disabilities,” Ducey said in the statement. “This executive order provides increased accountability and stricter oversight, ensuring our most vulnerable are safe and protected. There’s more that needs to be done to ensure Arizona is guarding against abuse and neglect.”

Ducey called on the Arizona Health Care Cost Containment System, the Department of Health Services and Department of Economic Security to develop training on preventing abuse and neglect in the disability community, according to the statement.

The order came a day after Nathan Sutherland, a 36-year-old former nurse, pleaded not guilty to sexual assault and abuse charges after he allegedly raped and impregnated an incapacitated patient at a Phoenix long-term care facility.

The 29-year-old woman, who’s been comatose for more than a decade, gave birth to a baby boy at Hacienda Healthcare in Phoenix on Dec. 29, sparking allegations of sexual abuse and concerns about patient safety.

Investigators said Sutherland’s DNA matched a sample from the woman’s newborn. Employees at the facility said they had no idea she was pregnant.

Ducey also requested an inquiry into how Hacienda employees didn’t notice that the patient had been raped, according to a letter sent to the state’s Attorney General Mark Brnovich.

“It is unknown for how long or how many times this vulnerable victim was attacked prior to and after this instance and it may never be known due to the fact that her ability to communicate is limited,” the letter said. “Although a suspect in this crime has been apprehended thanks to the good work of the Phoenix Police Department, details continue to emerge regarding the leadership of this entity and its lack of action.”

Longtime Hacienda CEO Bill Timmons resigned in the wake of the incident, a move backed by the firm’s board of directors, and the state’s Department of Health Services said it would mandate the facility operate under stronger guidelines for the time being.

State officials are reportedly laying the groundwork to prepare for potentially moving patients out of Hacienda-operated facilities, according to ABC affiliate KNXV-TV.

The woman’s lawyer, John Michaels, said the baby is being cared for by her family.

“The family obviously is outraged, traumatized and in shock by the abuse and neglect of their daughter at Hacienda Healthcare,” Michaels said. “The family is well aware of the intense news and public interest in their daughter’s case, but at this time is not emotionally ready to make a public statement.”

“The family would like me to convey that the baby boy has been born into a loving family and will be well cared for,” he added.

Full Article & Source:
Arizona governor calls for stronger protections after incapacitated woman’s pregnancy

See Also:
Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty 

Lawyer: No proof nurse raped Arizona patient who had baby

Nurse arrested in rape of woman in vegetative state who gave birth at care facility

Center where comatose woman had baby faced criminal probe

Lawyer: Incapacitated woman who gave birth not in coma 

Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave

Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge

Patient in vegetative state gives birth, sex abuse investigation underway: report

Governor Dayton and AARP Minnesota Announce New Work Group on the Health and Safety of Minnesota Seniors

 

Independent work group will be led and convened by AARP Minnesota, in conjunction with other senior organizations, to provide guidance on how the state can better serve Minnesota seniors

 

Recommendations of the work group will inform legislative proposals ahead of 2018 Legislative Session

 

Among requested recommendations are strategies to protect the rights of residents and families, connect them to resources, and improve communication about allegations of abuse

 

ST. PAUL, MN – Governor Mark Dayton and AARP Minnesota Director Will Philips today announced a new work group to provide guidance on steps the state should take to improve the health and safety of Minnesota seniors who are cared for in nursing homes and assisted living facilities. The new, independent work group will be led and convened by the AARP, in conjunction with other organizations serving Minnesota seniors, and will provide its recommendations to state leaders ahead of the 2018 Legislative Session.

 

“I am deeply concerned by recent reports of maltreatment, neglect, and abuse taking place in those businesses, which families have entrusted for the care of their loved ones,” said Governor Dayton. “I believe the perspectives of seniors and their families should be at the center of the discussions, as we work to ensure that Minnesota laws protect our seniors. I thank AARP for agreeing to convene and lead this work group, and I am committed to proposing legislation next year to improve oversight of senior care and strengthen the rights of residents and their families.”

 

In a letter to Director Philips, Governor Dayton requests that the AARP-led work group also engage the expertise of other consumer-focused senior organizations in the work group process, including Mid-Minnesota Legal Aid, the Alzheimer’s Association of Minnesota, the Elder Justice Center, and Elder Voice Family Advocates. 

 

“Caring for its most vulnerable citizens is one of the greatest responsibilities of any state. AARP is honored that Governor Dayton asked us to lead this workgroup to better protect vulnerable adults and hold abusers accountable,” said AARP Minnesota Director Will Phillips. “We look forward to working with other consumer advocates and policy makers to identify key policy changes to better protect Minnesota seniors.”

 

Among the recommendations the work group may provide, Governor Dayton’s letter requests guidance for state leaders focused on the needs of seniors who are cared for in nursing home and assisted living settings, including:

 

·         Protecting the rights of residents and families and connect them to resources.

o    Review the current state and federal regulatory, licensing, compliance, and enforcement requirements, and recommend changes if these requirements are insufficient to deter potential abuse and protect seniors and families from retaliation from providers. 

o    Clarify and strengthen the statutory definitions of memory care, assisted living, and housing with services so consumers and families can make informed decisions on proper placement for seniors.

o    Recommend changes to current law to ensure that family members are informed about how to report suspected abuse and neglect, including the Minnesota Vulnerable Adults Reporting Center and the Ombudsman for Long Term Care. 

 

·         Improving communication with family members and law enforcement about allegations of abuse.

o    Recommend changes to current law to remove barriers and improve communication with family members when there is alleged abuse, including the complaints and investigations processes within the Office of Health Facility Complaints and self-reports from providers.

o    Recommend changes to current law ensure proper reporting to law enforcement about potential abuse.

 

Efforts Already Underway to Protect Seniors and Improve Care

Last session, Governor Dayton worked with the Legislature to secure new funding to increase staffing and resources at Minnesota Department of Health (MDH) to more quickly respond to and investigate alleged abuse of vulnerable adults. The legislation also called for MDH to engage stakeholders in these improvements. The new work group will build off of the feedback gathered from MDH’s Request for Information from stakeholders, and the three listening sessions the agency held this fall, which engaged hundreds of seniors, families, and providers across Minnesota about senior care issues. 

 

The Administration is also taking immediate action to shorten the timeframe to respond to complaints and complete investigations into alleged abuse. MDH and the Minnesota Department of Human Services (DHS) are collaborating to implement a rigorous plan to improve processes and assessments of senior care and safety, based on the successful changes that DHS has made to their own licensing system.

Full Article & Source:
Governor Dayton and AARP Minnesota Announce New Work Group on the Health and Safety of Minnesota Seniors

Alabama Governor Awards Grant to Assist Elderly, Disabled Abuse Victims

Gov. Robert Bentley has awarded a $1.9 million grant to provide care services for elderly and disabled victims of abuse, neglect or exploitation.

The Alabama Department of Human Resources is using the funds to assist its Adult Protective Services program throughout the state. The program provides short-term in-home care and supervision, homemaking and sitter services for elderly and disabled adults who remain in their own homes after an abusive caregiver has been removed.

“Elderly and disabled victims who cannot look after themselves deserve to have help and to be cared for in their time of need,” Bentley said. “I am pleased to help DHR’s efforts to provide comfort and much-needed assistance to those victims who need it most.”

Full Article and Source:
Governor Awards Grant to Assist Elderly, Disabled Abuse Victims

Pasadena, TX Presbyterians Want State Agency to Return Church Assets, Allow Minister Visits

Members of Faith Presbyterian Church in Pasadena, TX are protesting the Texas Dept. of Aging and Disability Services' (DADS) lack of oversight of what they claim are their church assets, along with the four-year retention of an elderly ordained Presbyterian pastor.

Rev. John Stout,a former NASA chaplain and disabled WWII vet, helped form the 40,000-member Apollo Prayer League. APL worked with Apollo 14 astronauts to land the King James Version of the Holy Bible on the moon in 1971. The League operated under the auspices of Faith Presbyterian Church as a 501(c)3.

Now, 91, Stout, the League and the church figure prominently in a book about their roles in getting the first Bible to the moon onboard a spacecraft. "The Apostles of Apollo: The Journey of the Bible to the Moon..." by Carol Mersch.

According to court records, in October 2010, DADS took possession of Stout's assets, including various space memorabilia -- dozens of valuable lunar bibles in microfiche form that had gone to the lunar surface or circled the moon. A similar one was auctioned by Heritage Galleries in May.

The pastor and his wife, Mary Helen, were declared "incapacitated" wards of the state and relegated to the Heritage Villa Nursing Home, Dayton, TX, as federally-supported Medicaid residents. (Texas Case No. CV25849, 344th District Court. Texas Dept., 02/09/10, Order Appointing Permanent Guardian of the Person and Estate.

A DADS guardianship supervisor testified that Stout had indeed been held incommunicado in that facility. According to court documents, his computer was taken away; his mail censored; incoming and outgoing phone calls prohibited, along with stamps or writing materials, and only pre-approved visitors. Betty Duke,81, an Elder and Treasurer of Faith Presbyterian, she and a group of church parishioners visited the nursing home on Sept. 5 to visit Stout and console him in the loss of his wife, Helen, of 71 years. However, the home's administrator, Dexter Guice, denied access to the group on the grounds for "his (Stout's) own protection."

Duke mailed complaint letters Sept. 12 on church letterhead to DADS guardian Vicki Jones of Houston; DADS Commissioner John Weizenbaum, Gov. Rick Perry, Texas Attorney General Gregg Abbott, TV news commentator Glenn Beck and others.

In her letter, she questioned DADS compliance with Abbott's on-line definition of elder abuse. 

Full Article and Source:
Pasadena, TX Presbyterians Want State Agency to Return Church Assets, Allow Minister Visits  

Illinois: Senator Steve Stadelman's Bill to Prevent Guardian Abuse Receives National Attention

A bill sponsored by Illinois Senator Steve Stadelman to strengthen the protection of adults in need of a legal guardian was signed by Governor Pat Quinn this week.

Senate Bill 1051 amends the Illinois Probation Act of 1975 by emphasizing that judges consider the welfare of the dependent adult when appointing a guardian. The bill also requires the inclusion of contact information for physicians providing evaluations, reports or opinions on a person's mental or physical disability for the purpose of naming a legal guardian.

"The legislation now specifically states 'best interest and well-being' of the dependent adult shall be the court's main concern in selection of the guardian," said Stadelman, D-Rockford "The goal is to help prevent guardianship from being used in a convenience or retaliatory manner."

Stadelman worked with Sylvia Rudek, director of the National Association to Stop Guardian Abuse, to pass the legislation, which both houses of the Illinois General Assembly approved unanimously.

Rudek, who lives in Mount Prospect, Illinois, was subsequently named by Money Magazine to its "50 Heroes: 50 States" list for her efforts on SB 1051 and other reforms.

"SB 1051 provides clear language along with protections for the elderly and disabled adults of Illinois who are under guardianship," Rudek said. "Senator Stadelman is to be commended for reaching across the aisle and working with Rep. David Harris to gain bipartisan support. NASGA looks forward to working with Senator Stadelman in the future to further protect Illinois seniors and infirm adults."

Source:
Stadleman Bill to Prevent Guardian Abuse Receives National Attention

See Also:
NASGA Members in Legislative Action

Note:
Representative David Harris, who sponsored Senator Stadelman's bill in the House, gave NASGA the following statement:

"As the House sponsor of Senate Bill 1051, I was delighted to see that the Governor signed the bill into law. I was glad to work with state Senator Stadelman to get this legislation enacted, and I compliment him on his advocacy on the issue.

It is important to keep promoting bills that protect against guardianship abuse.  I expect to introduce several pieces of legislation on the issue of guardianship abuse when the General Assembly begins its new session in January of next year."

NASGA very much appreciates both Senator Stadelman and Representative Harris for their individual commitments to guardianship abuse reform and for working together on SB 1051 which will provide better protection of the elderly and disabled citizens of Illinois.  Sylvia Rudek looks forward to working with both of them again in the next session!  

New Jersey Families Angry: Gov. Christie Vetoed, Demanded Changes to Bills Determining Where Disabled People Will Live

Despite earning overwhelming support in the legislature, two bills that would have given families a greater say in where their loved ones with developmental disabilities live and what level of care and supervision they receive have been rejected by Gov. Chris Christie.

The governor conditionally vetoed one bill that would have halted the state Department of Human Services’ plan of transferring about 470 developmentally disabled people living in out-of-state centers — some for decades — into state facilities.

Christie also conditionally vetoed a bill, (S2158) that would have required the department to provide a comparable level of care and supervision in privately-operated group homes to people coming from state-run institutions, known as developmental centers.

The same level of care would be provided, “where feasible,” according to the veto statement.

Lawmakers who sponsored the bills and families who serve as guardians to people affected by the legislation Monday expressed their disappointment with the governor's actions and said they were considering their legal options.

Sue Anderson of Hillsborough said she and other parents were intended to lobby their legislators to override the governor's veto. Her 25-year-old daughter, Kara, needs the one-on-one supervision the Woods in Pennsylvania has provided her for past six years, which her family only found after two placements in New Jersey declined to meet her needs.

"I won't go through that again," she said.

Assemblywoman Valerie Vainieri Huttle, (D-Bergen), a sponsors of both bills, said she intends to push for an override "to allow any resident currently served out of state to continue to stay in his or her home as long as it is medically appropriate."

Full Article and Source:
Families Angry Christie Vetoed, Demanded Changes to Bills Determining Where Disabled People Will Live

Florida Governor Rick Scott Signs Bill Giving Clerks More Power to Fight Guardianship Fraud

Gov. Rick Scott has signed a bill originating out of Palm Beach County giving clerks of court statewide more power to ferret out fraud in guardianship cases. Palm Beach Clerk and Comptroller Sharon Bock, along with members of a successful guardianship fraud program she started locally, drafted a bill that became one of five measures the state association of court clerks pushed over the legislative session. The bill, which passed both the state House and Senate unanimously, will allow investigators within clerks offices to investigate potential fraud cases and work with police on criminal cases. Previous laws only allowed clerks to operate in a limited auditing role.


Source:
Scott Signs Bill Giving Clerks More Power to Fight Guardianship Fraud

See Also:
Palm Beach County Guardianship Fraud Hotline

Law inspired by I-Team investigation arrives on governor's desk

A bill providing new protections for our most vulnerable citizens arrived on Gov. Rick Scott’s desk Thursday.

The protections were inspired by an ABC Action News I-Team investigation.

The law, which is expected to receive the governor’s signature at any time, affects tens of thousands of Floridians who have lost their rights and have court-appointed professional guardians.

Sen. Jeff Brandes sponsored the bill after learning about Willi Berchau.

We first reported last September that Berchau, 99 years old at the time, was in a locked-down unit for Alzheimer’s Disease patients even though he didn't belong there.

After we got involved, he was moved out of the unit and eventually had all his rights restored by the court.

Full Article, Video & Source:
Law inspired by I-Team investigation arrives on governor's desk

New Commission to Regulate Prosecutorial Misconduct

New York State is poised to become the first state in the nation to create a public commission specifically designed to investigate complaints of misconduct by prosecutors and impose discipline upon prosecutors who violate the rules. The commission is modeled after commissions on judicial conduct, which exist in every state, including New York, to regulate the conduct of judges. Given the prosecutor's unique role as a "minister of justice" who occupies a "quasi-judicial" position, the huge costs on the criminal justice system from prosecutorial misconduct, and the abject failure of other mechanisms to discipline prosecutors, it is essential to the integrity of the justice system and the public's confidence that the system functions fairly and accurately, that this commission be created.

The incidence of misconduct by prosecutors in New York and across the country is escalating. Flagrant misconduct by prosecutors has been documented in several recent high-profile cases: late Senator Ted Stevens' conviction was thrown out because of egregious misconduct by federal prosecutors; the Duke Lacrosse prosecutor Michael Nifong was disbarred and jailed because of his misconduct; and prosecutor Ken Anderson, who hid evidence that wrongfully convicted Michael Morton and sent him to jail for 25 years, also was disbarred and jailed. But these cases are the tip of the iceberg. They illustrate the terrible consequences of misconduct that occurs regularly in thousands and thousands of other cases but do not receive the same publicity.

Prosecutors claim that reports of misconduct are exaggerated, and that misconduct is the work of a few bad apples, or a handful of rogue prosecutors. Indeed, some prosecutors in New York even claim that the prosecutor commission has been created to retaliate against the Moreland Commission, which subpoenaed legislators in connection with its investigation into public corruption. But given the extent of misconduct nationally and in New York, and the fact that this proposed commission has been studied for several years, this response by prosecutors is misguided and misinformed. Indeed, in a remarkable opinion by Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals, in which he was joined by several colleagues, Kozinski writes that the culture of prosecution has changed dramatically in recent years; no longer is misconduct by prosecutors the "exception" or "a rare blemish." One of the most pervasive forms of misconduct - hiding favorable evidence that could prove a defendant's innocence -- "has reached epidemic proportions." Judge Kozinski concludes, just as so many courts and commentators have previously concluded, that "some prosecutors turn a blind eye to misconduct because they're more interested in gaining a conviction than achieving a just result."

The increasing incidence of misconduct by prosecutors is not surprising. The phenomenon is closely linked to the post-9/11 legal and political culture of fear, secrecy and repression in which the power of law enforcement, especially of prosecutors, has become much more dominant and aggressive. Prosecutors see themselves almost exclusively as "Accusers and Convicters." This unsettling spectacle has replaced almost completely the prosecutor's other important function to respect the rights of everybody, including defendants, and ensure justice for all persons. In this changed climate, the goal of finding the truth becomes submerged in an overly-aggressive law enforcement culture. In this troubling period of criminal justice, prosecutors get the message that they can prosecute as hard as they want and as far as they want, and there is virtually nothing to stop them. This new climate is manifested by massive and warrantless electronic surveillance, far broader leeway for law enforcement to search, seize and get confessions, a huge increase in drug arrests and prosecutions, a huge increase in the prison population, and more and more legislatively and judicially-created weapons in the hands of prosecutors to help them get convictions.

Full Article & Source:
New Commission to Regulate Prosecutorial Misconduct

Senator wants information about Branstad’s allegations of state employee abuse

DES MOINES — A Democratic state senator on Wednesday asked Republican Gov. Terry Branstad to provide specifics on incidents of elder abuse, child abuse and sexual misconduct involving state employees that the governor cited in comments to reporters earlier in the week.

Sen. Rob Hogg, D-Cedar Rapids, chairman of the Senate Judiciary Committee, told Senate colleagues during a floor speech that he was disturbed to read Branstad comments to reporters that state employees had been dismissed for incidents of elder abuse, child abuse and sexual misconduct that have gone unreported to the public because of employee confidentiality agreements and personnel protections in state law.

Asked during Monday’s weekly news conference how many incidents of abuse or assault by state employees are taking place, Branstad responded, “I don’t know, but there are a lot of them.”

Hogg said the governor “laid down some very serious allegations” that beg for more information. He wrote the governor’s office requesting details about the incidents, when they happened and within which state agencies, as well as information on when the governor’s office was informed about the allegations and how the administration responded.

“It is unacceptable to have state employees, if it’s true, engaging in criminal conduct, and it’s also unacceptable to not have that criminal conduct reported to the proper authorities,” Hogg said.

“We need to know for each incident when the governor’s office was informed, and for each incident, we need to know what the governor or his office did in response to the information that they were provided,” the state senator said. “There are thousands, if not tens of thousands, if not hundreds of thousands of Iowans, who when confronted with allegations of child abuse, elder abuse or sexual abuse, are under a legal obligation to report that to law enforcement authorities, and I would certainly hope the governor’s office has met that standard.”

Before a town hall meeting in Newton Wednesday, Branstad said he was unaware of Hogg’s request but noted it points up his concern that Iowa law makes personnel items confidential that cannot be disclosed. He said that’s why he is asking the Legislature to change the law to allow more disclosure and hoped Hogg would work with his administration to accomplish that “and not just play politics.”

Branstad said state government has “a few bad apples” who have been guilty of the offenses he cited but “unfortunately the law doesn’t permit us to release that. I think it should be available to the public in the future.”

During his weekly news conference, Branstad called on state lawmakers to ease what he considered to be overly broad confidentiality protections for state employees who are dismissed or disciplined for inappropriate on-the-job action.

Branstad told reporters it is not enough to prohibit secret employment settlements from taking place as he directed last week in an executive order.

“I want to see us go further and also require the reasons for the dismissal also to be made public,” he said, noting that some workers have been cited for incidents of abusing elderly Iowans and children or for sexual misconduct that have not been publicly disclosed.

Full Article & Source:
Senator wants information about Branstad’s allegations of state employee abuse

NY: The Moreland Commission to Investigate Public Corruption

On July 2, 2013, Governor Andrew M. Cuomo appointed the “Commission to Investigate Public Corruption” under the Moreland Act and Executive Law Section 63(8) to probe systemic corruption and the appearance of such corruption in state government, political campaigns and elections in New York State.

Attorney General Eric Schneiderman will appoint the members of the Commission as Deputy Attorneys General giving the Commission broad investigative authority to probe matters that “involve public peace, public safety and public justice”.

The Commission will have the power to issue subpoenas and examine witnesses under oath.  They will be tasked with among things, reviewing the adequacy of existing state laws, regulations and procedures involving unethical and unlawful misconduct by public officials and the electoral process and campaign finance laws.  They will also examine whether existing laws and regulations have been fairly and vigorously enforced and what changes must be made to such enforcement.  The Commission is directed to make recommendations to toughen and improve existing laws and procedures.

Note: 

The Commission will hold hearings in September:
* Tuesday, September 17 in lower Manhattan,
* Wednesday, September 18 in Buffalo,

* Tuesday, September 24 in Albany

The hearings will begin at 6:00 p.m.

Source:
The Moreland Commission to Investigate Public Corruption

Brown signs bill to protect rights of conservatees

SANTA CLARA COUNTY, Calif. (KGO) -- Gov. Brown signed a bill into law Monday protecting the rights of people under a conservatorship. That's when a judge appoints someone to handle the affairs of a person due to old age or physical limitations.
An ABC7 News I-Team investigation uncovered cases in which the Santa Clara County public guardian was restricting access to conservatees.

The law clarifies a conservatee's right to have visitors, phone calls, and personal mail.

Full Article and Source:
Brown signs bill to protect rights of conservatees

VT Governor Peter Shumlin Expected to Sign Watered-Down Elder Abuse Bill

Gov. Peter Shumlin vetoed one bill last year. It was an innocuous-sounding piece of legislation that would have required the Agency of Human Services (AHS) to send monthly updates to the Legislature on how it screens and responds to reports of elder abuse.

Lawmakers gave it another go this session — both the House and Senate passed a similar bill — and this time around, Shumlin is unlikely to strike it down. That’s because lawmakers stripped a number of the more onerous reporting requirements in order to secure the administration’s support.

The bill deals with the Adult Protective Services (APS) division of the Department of Aging and Independent Living (DAIL). APS, which investigates reports of elder abuse, has been plagued with problems in recent years. Although DAIL dutifully chipped away at a backlog of hundreds of unaddressed cases,  advocates aren't confident that the department has gotten its act together.

Full Article and Source:
Shumlin Explected to Sign Watered-Down Elder Abuse Bill

TN Governor, Bill Haslam Approves New Conservatorship Law

Gov. Bill Haslam has signed into law a measure making the first major revisions in more than a decade to the state law governing the process of placing state residents under the control of a court-appointed conservator.

The new statute, which will take effect July 1, was the product of a series of hearings held across the state by the Tennessee Bar Association. It sets out for the first time uniform procedures for placing a person in a conservatorship on an emergency basis.

“The intent of this law is to clarify the process, to make sure people aren’t being taken advantage of,” said Rep. Andrew Farmer, the House sponsor of the measure.

Under the new law, a person being placed in a conservatorship in an emergency situation must be informed of the proceedings within 48 hours and a hearing must be held within five days.

The judge also will be required to certify that absent the conservatorship, the person would be likely to suffer substantial harm.

Testimony at the bar association hearings last year, including a session in Nashville, showed the emergency process varied from courtroom to courtroom across the state. Several witnesses, including Jewell Tinnon of Nashville, said their rights and possessions had been taken away without notice or justification and they questioned the need for emergency action.

Tinnon’s story was told in a special report by the Tennessean last year. Her house, car, and all of her personal possessions were stripped away while she was in a conservatorship initiated by two relatives who she said she hadn’t seen in years. Tinnon now lives in public housing.

Under the new law, a judge will be required to specify exactly what rights are being taken away and what rights the ward will retain. The law mandates that the restrictions be as limited as possible.

Under a last-minute amendment, specific provisions were added to clarify the procedure for a health care provider to follow in placing a patient in a conservatorship on a temporary basis. The change was sought by hospitals.

Full Article and Source:
Haslam Approves New Conservatorhsip Law

Georgia Governor Signs Elder Abuse Bill

Governor Nathan Deal made a stop in Moultrie to sign a bill for elder abuse.
The Elder Abuse Act passed the House with a unanimous vote. During his stop in southwest Georgia to sign the bill, Governor Deal stated this shows how much lawmakers are dedicated to protecting those who can't protect themselves.

"I think it indicates an acknowledgement on the part of the general assembly that they probably have heard of examples of elder abuse in their particular parts of the state and they came together and said this is something that really does need to be done," said Governor Nathan Deal, (R)-Georgia.

Full Article and Source:
Governor Nathan Deal Signs Elder Abuse Bill

TN Conservatorship Bill Amendment Regarding Emergency Hearings and Also Hospitals Goes to Governor

A rewrite of the state law governing conservatorships setting new first time standards for emergency cases has been approved by the Tennessee General Assembly and will now goes to Gov. Bill Haslam.

The measure was approved on a 32-0 vote Friday by the state Senate after that body agreed to a last minute amendment sought by hospitals and previously approved by the House. There was no debate.

The overall proposal was offered earlier this year by the Tennessee Bar Association following a series of public hearings held across the state.

“We’re very pleased to have had an opportunity to take a careful look at the law,” said Allan Ramsaur of the bar association following the Senate vote. It should bring some clarity to the way the process works.”

The change in the law followed controversy surrounding several conservatorship cases in the Nashville area in which those placed in a conservatorship charged that they were not given adequate notice and that all their possessions were taken away in the process.

Under the bill voted Friday, a person being placed in a conservatorship on an emergency basis would have to be informed of the action within 48 hours and a hearing would have to be held in five days.

The bar association found in its hearings that without a statewide standard, courts across the state were using varying methods to handle emergency cases.

The last minute amendment sets up a special process for cases in which a hospital patient can be placed in a temporary conservatorship on an expedited basis in cases where the hospital stated the patient needed to be transferred to a lower level of care but lacked the capacity to make his or her own health decisions.

In those cases the hospital could petition the court for the appointment of a temporary conservator with the authority to approve a transfer to a nursing home or other health facility.

Officials of the Vanderbilt Medical Center said the provision would enable them to free up a scarce acute care bed for another patient needing that level of care.

A second amendment approved by the House and Senate clarifies that the new law will only apply to cases filed after July 1 of this year.

Source:
Conservatorship Abuse Law Goes to Haslam
See Also:
TN Lawmakers Amend Conservatorship Bill After Concern From Hospitals

Governor Christie Ignores Complaints against Judge McVeigh

THE FAMILY RESOLUTION CENTER, LLC THE FAMILY RESOLUTION CENTER.COM OFFICE OF THE GOVERNOR POB 001 TRENTON, NEW JERSEY 08625 Dear Governor Christie, I am writing to you once again about a New Jersey Judge, Margaret Mary McVeigh, JSC, who serves as a Chancery court Judge. 71 Hamilton St., Paterson, New Jersey. I have written to the Judicial Review Division of the court, Chief Judge Volkert in Patterson and Chief Judge Rabner in Trenton, New Jersey. I have also published rather extensively and provided specific details related to the pattern of corruption via the plundering of estates of litigants brought to probate by a consistent series of lawyers - Joseph Mecca, Esq., lawyers from the Hunziker firm in Wayne, New Jersey and others, named in my published articles. The same protocol is consistently employed. An estate brought to probate, viewed by the Judge and the appointed trustees of the estate are removed, replaced by the same cast of characters drafted by the judge, family members are removed from contact with the recipient of an estate via restraining order. All key participants/family members who have been named as recipients of the estate are removed, replaced by McVeigh appointees who are then paid by the estate until the estate is totally denuded. The individual for whom the estate was meant to support and protect is invariably left homeless, penniless, sent to a nursing home or group home in the case of a physically impaired youth. The original estate owner is always declared to be mentally incompetent by the court appointed medical minions - or the judge herself - and the subject's physicians are removed from ministering to their patient who is then isolated from all sources of chosen support, left to the voracious appetites of the court and court appointed minions who devour the proceeds of the estate, time and time again.

Full Article & Source:
Governor Christie Ignores Complaints against Judge McVeigh

Missouri Legislation Strengthens Senior Protections

Gov. Jay Nixon signed legislation Wednesday intended to strengthen protections for elderly and disabled Missourians against financial exploitation.

Missouri already has a law that makes it a crime to take financial advantage of an elderly or disabled person through deception, intimidation or force. However, officials say it has been difficult for prosecutors to prove cases of financial exploitation when the perpetrator has guardianship or power of attorney.

Under the newly approved law, it now will be a crime to use "undue influence" to exploit someone's "vulnerable state of mind, neediness, pain or agony." That specifically could be applied to instances of improper or fraudulent use of power of attorney, guardianship, conservatorship or other fiduciary authority.

Full Article and Source:
Missouri Legislation Strengthens Senior Protections

MI Governor Signs Senior Protection Legislation

Gov. Rick Snyder signed a 10-bill package to protect Michigan's senior citizens and vulnerable adults. The measures encourage the reporting of elder abuse and strengthen penalties for those who are convicted.

"The abuse of seniors and vulnerable adults is one of the fastest growing crimes in our state, and law enforcement agencies will now have better tools to help protect potential victims from financial and physical abuses," Snyder said.

The governor called for the legislation's passage in his special messages on health and wellness and public safety.

Sen. Tonya Schuitmaker sponsored Senate Bills 461, 464 and 466 in the package.

Senate Bill 461 prevents a person from benefiting from the estate of a deceased person if the person who is to receive benefits has been convicted of abuse, neglect, or exploitation. SB 464 increases coordination between state and local authorities to expedite abuse investigations. And SB 466 establishes a public notification system for missing seniors, similar to the Amber Alert for missing children, called the Mozelle Senior or Vulnerable Adult Medical Alert Act. The measures are now Public Acts 173, 175, and 176 of 2012.

Other bills in the package are:

SB 454, sponsored by Sen. Mike Nofs, allows vulnerable adult victims to give court testimony via closed-circuit television or prerecorded video. It is now Public Act 170 of 2012.

SB 455, sponsored by Sen. Tory Rocca, provides sentencing guidelines to enhanced punishment for criminals who fraudulently obtain a senior's signature. It is now Public Act 169 of 2012.

SB 457, sponsored by Sen. Patrick Colbeck, allows county medical examiners to establish death review teams to investigate the unexpected death of a vulnerable adult under suspicious circumstances. It is now Public Act 171 of 2012.

SB 459, sponsored by Sen. Judy Emmons, increases the penalties for the financial exploitation of vulnerable adults and strengthens the punishment for criminals who fraudulently obtain a senior's signature. It is now Public Act 172 of 2012.

SB 462, sponsored by Sen. Steve Bieda, establishes reporting requirements for employees of long-term care facilities when they suspect or have knowledge of abuse and neglect at a facility. It is now Public Act 174 of 2012.

SB 465, sponsored by Sen. Dave Hildenbrand, strengthens penalties for criminals who embezzle from seniors. It is now Public Act 168 of 2012.

SB 468, sponsored by Sen. Goeff Hansen, prohibits a court magistrate from refusing complaints of abuse against vulnerable adults that are filed by someone other than the alleged victim. It is now Public Act 177 of 2012.

Full Article and Source:
Snyder Signs Senior Protection Legislation

Justice Center for the Protection of People With Special Needs

For too long our state has been inconsistent in how it addressed incidents of abuse against people with special needs, lacking any real consistent standards for tracking and investigating complaints or punishing those who commit abuse and neglect.

Knowing that it is imperative that state government meet its obligation to protect and serve all New Yorkers, Governor Cuomo has proposed legislation to create the Justice Center for the Protection of People with Special Needs which will give New York State the strongest standards and practices in the nation for protecting people with special needs and disabilities.

The Justice Center for the Protection of People with Special Needs will transform how our state protects over one million New Yorkers under the care or jurisdiction of six state agencies.

Source:
Justice Center for the Protection of People With Special Needs