(KTAL/KMSS)
— A Louisville mother is going viral on social media after she says a
hidden camera placed in her nonverbal autistic son’s hair captured a
school employee physically and verbally abusing the child inside a
classroom.
The allegations surfaced this week after mother Tiphanee Lee shared videos,
screenshots and emotional posts on Facebook, claiming she secretly sent
her son, Semaj’ Lee, to school with a recording device after becoming
suspicious about how staff at Field Elementary School were treating him.
According
to Lee, the footage and audio allegedly captured a teacher’s assistant
yelling at the child, using racial slurs and physically assaulting him
while the boy cried out. Lee said she decided to use the hidden camera
after school officials repeatedly described her son as “aggressive,”
behavior she said did not match what she saw at home. Lee hid the camera
in her son’s hair.
The posts quickly gained traction online,
with thousands of shares, comments and reactions pouring in across
Facebook, Instagram and other platforms. Many social media users
expressed outrage, calling for criminal charges, staff accountability
and increased protections for children with disabilities.
According to a letter shared online from
Jefferson County Public Schools, district officials said Child
Protective Services and district investigators began looking into the
allegations on May 13. The district also said the staff member at the
center of the investigation has been reassigned while the investigation
continues.
Lee has
vowed to continue speaking out and says she wants justice not only for
her son, but for other children who may be unable to speak for themselves.
A Kentucky state representative is sponsoring legislation that would strengthen protections for older adults against financial abuse, increasing penalties for those who exploit senior citizens.
State Rep. Matt Lockett of Nicholasville is behind House Bill 794, which prioritizes protection for Kentuckians — especially older adults — from financial exploitation.
A Kentucky legislator has proposed a so-called “granny cam” law to allow nursing home residents to position video cameras in their rooms that could catch incidents of elder abuse.
House Bill 491, filed by state Rep. DJ Johnson, R-Owensboro, would require nursing homes to allow residents and their families or other legal guardians to install video- and audio-recording equipment in the residents’ rooms. The recording equipment would not be hidden; in fact, a sign at the room’s entrance would announce its presence. For shared rooms, the resident’s roommate would have to agree to the surveillance, although the equipment would be pointed away from the roommate.
Nursing home advocates say the cameras, already authorized in at least 20 states, could be an invaluable tool in protecting some of Kentucky’s most vulnerable citizens, by offering proof when they’re mistreated.
“It’s not a replacement for quality care. It’s not a replacement for family involvement. But I think that having some video monitoring available has been helpful in the past for family members and for residents who have not been believed about the quality of care they’ve been experiencing in the nursing home,” said Denise Wells, executive director of the Nursing Home Ombudsman Agency of the Bluegrass.
Before the COVID-19 pandemic, Kentucky nursing homes had among the worst collective ratings in the country for health and safety quality, the Herald-Leader has reported. In 2018, 43 percent were rated “below average” or “much below average” by the U.S. Centers for Medicare and Medicaid Services.
Since the pandemic, Kentucky state health officials have struggled with a massive backlog in their mandatory annual inspections of nursing homes, leaving some facilities largely unscrutinized for years, the Herald-Leader has reported.
When family members ask questions about a loved one’s bruises or other injuries, they’re sometimes not taken seriously because they’re outside visitors, Wells said. Likewise, when an elderly resident says a staff member hurt them, it’s sometimes assumed they suffer from cognitive decline and imagine things, she said.
“Unfortunately — and this is in line with the fact that people with disabilities are much more likely to experience abuse — it’s typically because they are viewed by a perpetrator as somebody who is not a reliable witness, so to speak,” Wells said.
“We definitely work with residents, as ombudsmen, who have concerns about certain caregivers,” she said. “When they report something, that caregiver might get suspended for two days pending an investigation, but then they’re placed right back in that person’s room, because the allegation was not substantiated.”
Johnson, the bill’s sponsor, said he doesn’t know if it will get a committee hearing during this legislative session, much less be signed into law. There might just be a discussion this year, he said.
Families should “have a right to keep an eye on” their loved ones living in nursing homes, Johnson said. However, he said, he’s not only hearing from families interested in his bill, he’s also hearing from the nursing home industry, which has “general concerns.”
“So the bill, I would say, is in flux,” Johnson said.
“I don’t think we’ve seen a final version of it,” he said. “The whole point is to have these conversations so we can come up with what would be the best legislation doing anything at all.”
Esther “Mitzi” Piskor is tossed from a wheelchair onto a bed by a Cleveland, Ohio, nursing home employee on May 13, 2011. Piskor’s son, Steve, was suspicious about the treatment his mother received at the nursing home, so he hid a video camera in her room. A decade later, the state of Ohio passed Esther’s Law to authorize cameras in residents’ rooms. Steve Piskor/YouTube
The major lobbying group representing the nursing home industry in Frankfort, recently renamed the Kentucky Coalition for Aging Resources and Empowerment, did not respond to a request for comment for this story.
Texas was the first state to authorize “granny cams” in nursing homes in 2001.
Among the many states to follow Texas is Ohio, which enacted Esther’s Law in December 2021.
Ohio’s law is named for dementia patient Esther “Mitzi” Piskor, a victim of elder abuse at a Cleveland nursing home. Her son, Steve, who was suspicious because of his mother’s bruises and withdrawn behavior, hid a camera in her room. It captured video of aides brutally tossing Esther into and out of her bed and a wheelchair.
Several of the aides were fired and convicted of crimes following an investigation.
The Grand Jury in Christian County has indicted a woman for murder following elder abuse charges in November.
By Christian County Now
HOPKINSVILLE, KY (CHRISTIAN COUNTY NOW)
– A Hopkinsville woman has been indicted by the Christian County Grand
Jury for murder following an elder abuse related death in November.
63-year-old Patricia Bader-Sanders was arrested on Nov. 3 after
Jennie Stuart Medical Center contacted the Hopkinsville Police. The
suspect’s 86-year-old mother, Wilma Saturley, was observed at the
hospital with multiple bruises, swelling to her forehead, jaw, and limbs
with a dislocated shoulder. She also had several bedsores on her
backside.
At the time, Sanders told HPD that she was the sole person caring for
her mother who had been under continuous medical care after being
hospitalized over the summer. Sanders was also acting as her legal
guardian since 2023, according to an arrest report.
At the time of the arrest, Sanders was initially charged with abuse and neglect of an adult. However, her mother died at the hospital
three days after the arrest. A On Dec. 19, the Grand Jury announced the
charged had been changed murder due to circumstances of extreme
indifference to human life by engaging in conduct which is believed to
have caused the death of Saturley.
LEXINGTON — A Lexington man has been charged in federal court with
wire fraud after prosecutors say he exploited a trusting relationship
with an elderly woman, siphoning more than $300,000 from her accounts
over several years while she was suffering from dementia.
Donald Charles Beaty is charged in a single-count federal information
filed in the Eastern District of Kentucky alleging wire fraud tied to a
scheme that prosecutors say ran from 2018 through late 2023. The case
is assigned to U.S. District Judge Robert E. Wier, with proceedings
referred to U.S. Magistrate Judge Matthew A. Stinnett.
According to court documents,
the victim — identified only as “Victim 1” — was born in 1935 and lived
in Lexington. Prosecutors allege Beaty befriended her around 2018 and
gained access to her financial information under the pretense of helping
manage and pay her bills.
Instead, federal prosecutors say Beaty persuaded the woman to write
him checks, give him cash, and grant him access to her bank accounts,
then deposited the money into his own accounts and routed funds to other
entities for his personal benefit. From 2020 through 2023 alone, Beaty
allegedly received more than $300,000 from the victim, according to the
charging document.
The scheme allegedly escalated after February 2022, when prosecutors
say Beaty knew the woman was suffering from dementia and was no longer
able to make financial decisions on her own. Despite that, he is accused
of continuing to accept checks and even driving her to the bank to
withdraw cash from her accounts.
One example cited in the charging document describes a February 22,
2022 transaction in which Beaty allegedly deposited a $3,500 check from
the victim into his own Stock Yards Bank account, then used electronic
transfers to move money to other accounts, including a payment to
Santander Bank in his own name.
The information also alleges Beaty knew that his daughter, Sidney
Beaty, was stealing funds from the same victim to pay her own credit
card bills. A related federal case against Sidney Beaty is pending
separately in the Eastern District of Kentucky, according to the docket.
Beaty is represented by Lexington attorney Rawl Douglas Kazee under a
court-appointed arrangement. The case is being prosecuted by Assistant
U.S. Attorney Andrea Mattingly Williams.
If convicted, Beaty faces up to 20 years in federal prison, a fine of
up to $250,000 — or twice the amount gained or lost — and up to three
years of supervised release. Prosecutors are also seeking restitution
and forfeiture of proceeds tied to the alleged fraud, including a
potential money judgment representing the full amount obtained through
the scheme.
Beaty was arraigned earlier this month. Further proceedings have not yet been scheduled.
The Senior Community Center of Owensboro-Daviess County is hosting a
free public program aimed at raising awareness about elder abuse,
neglect, and exploitation.
The informational session begins at 5 p.m. at the Center’s location
at 1650 West Second Street. Seniors, their family members, and
caregivers are encouraged to attend.
Deborah Middleton, representing Adult Protective Services, will
provide information about recognizing and reporting elder abuse and
situations/conditions of concern. Captain Jeff Payne of the Daviess
County Sheriff’s Office investigations unit and detective Matt
Fitzgerald will share insights regarding the investigation process when
concerns are reported.
SCC Executive Director David Tucker said the program was created in
response to recent allegations of financial exploitation involving an
elderly resident in the community. That case, which includes accusations
of pawned property, fraudulent bank activity, and forged legal
documents, is still pending. Tucker said it came to light after a
concerned neighbor reported suspicious behavior, leading to criminal
charges.
“Our goal is always to advocate on behalf of seniors and to ensure
their protection and well-being,” Tucker said. “We invite all seniors,
as well as their caregivers and anyone who loves or is concerned about
the welfare of a senior in their life, to join us for this important
program.”
Tucker will also highlight SCC initiatives designed to address elder
abuse and neglect, including Friendly Visits and wellness checks.
Community members are invited to attend an upcoming Lunch & Learn session focused on elder abuse awareness.
It’s set noon to 1:30 PM Friday, June 13, at the Pennyrile Area Development District, on 300 Hammond Drive in Hopkinsville.
The event is part of a broader effort to raise awareness about the
mistreatment and neglect of older adults. A complimentary lunch will be
provided for all registered participants.
Those interested are asked to register by June 7 using a link found here: https://forms.office.com/g/n6BebdVaeG.
For more information, contact Cindy Tabor at (270) 886-9484.
Elder abuse is serious and an oft-hidden issue impacting millions of older Americans.
It’s officially defined as intentional acts—or failures to act—that
cause harm or risk of harm to individuals aged 60 and older, and it is
most often at the hands of caregivers and/or trusted individuals.
Types of Elder Abuse include, but are not limited to:
Physical Abuse: hitting, kicking or pushing that causes injury, impairment, or death
Sexual Abuse: forcing unwanted sexual contact or behaviors, including sexual harassment
Emotional or Psychological Abuse: encompassing verbal and nonverbal
behaviors that cause fear, distress, or emotional pain, such as threats,
humiliation, or harassment
Neglect: failing to meet basic needs, including food, shelter, hygiene, and medical care.
Financial Abuse: the unauthorized or improper using of an older adult’s money, property, or assets
Some quick facts and statistics from the CDC:
+ The older adult population is growing faster than younger age groups
in the U.S., and with that growth comes an increase in elder abuse
+ 10% of older adults living at home experience abuse, including neglect and exploitation.
+ From 2002 to 2016, more than 643,000 older adults were treated in
emergency departments for nonfatal assaults, and more than 19,000
homicides occurred
+ Nonfatal assault rates increased by more than 75% among men and 35% among women during that time period
+ Older men and people of color—especially non-Hispanic Black, Hispanic,
and American Indian/Alaska Native adults—are at higher risk of homicide
+ Between 2014 and 2017, firearm-related homicides rose, with 39% involving an intimate partner
+ And the economic cost of violent injuries to older adults reached $33
billion in 2022, with nonfatal assaults rising 31% and homicides
increasing 26% from 2015-22.
Key prevention steps include:
+ Listening to older adults and supporting them.
+ Recognizing the signs of abuse and understanding how they differ from normal aging.
+ Checking in on isolated individuals.
+ Encouraging help for caregivers or older adults struggling with substance use.
+ And providing caregiver support through local services like respite care, adult day programs, or counseling.
GRAVES COUNTY, Ky., (KBSI) — Authorities are warning of a surge in
scams targeting elderly residents, with two recent cases resulting in
the loss of approximately $320,000.
The victims, both widows, were tricked into wiring funds to scammers, who used varying methods to deceive them.
Law enforcement and family members intervened in both cases, but one
victim refused to believe she was being scammed despite warnings.
Area banks have warned customers about the dangers of wiring money
and making large withdrawals but ultimately must follow the customer’s
wishes.
Authorities urge residents to have serious conversations with elderly
family members about avoiding scams. If you suspect a scam, immediately
stop communication and contact law enforcement.
LOUISVILLE, Ky. (WAVE) - An agreement has been reached in the Emergency Protective Order case
filed by the son of former Kentucky Governor Matt Bevin against his
adopted parents. The former governor was ordered by a judge Tuesday not
to contact his adopted son, Jonah, or else face criminal charges.
The
case originated after Jonah Bevin alleged he was physically and
emotionally abused under the guardianship of Matt and Glenna Bevin. He
also says he went through therapy and was even sent to a Jamaican
facility where he described accounts of being beaten and waterboarded.
After
a contentious hearing last Thursday that was expected to continue
Tuesday, attorneys for Jonah quickly put an end to the hearing, saying
that all parties involved had come to an agreement.
The agreement called for different terms for each parent.
Former Gov. Bevin agreed to a six month
EPO starting Tuesday, March 25, meaning no contact with Jonah and
potential jail time if he violates the order during that time period.
Following the expiration of the order, Bevin will be placed under a
court-ordered civil restraining order from Jonah, which carries less
severe penalties if broken.
Former First Lady Glenna Bevin agreed to an immediate Civil Restraining Order, and no EPO.
The exact terms of the civil restraining orders still have to be worked out amongst attorneys.
The
order also calls for the former governor to turn over any information
he may have regarding Jonah’s biological parents in Ethiopia. According
to Jonah, the Bevins told him his entire life that his biological
parents were dead, only to later bait him with a trip to Ethiopia to
supposedly meet his biological mother.
The confusion was the focal point of
hearings Tuesday, as it’s still unknown whether or not Jonah’s parents
are alive and where exactly they are. By court order, if Bevin knows
this information, he must turn it over to his adopted son.
Following
the conclusion of the hearing Tuesday, attorneys for Jonah spoke to the
press, while the former governor and attorneys for the Bevins refused
to answer any questions.
“I got what I
needed,” Jonah said. “It looked like to everybody that Matt Bevin had
everything figured out in his life, but he had nothing figured out.
There’s an image they want people to see, and they don’t want an actual
image of what is actually going on in their homes, and today we brought
it out. We brought out what he didn’t want people to see.”
Attorneys
for Jonah said the decision Tuesday was just the “first step” in a
likely long legal battle. They’re still pursuing criminal charges in
connection to Jonah’s abandonment at a Jamaican facility, which was shut
down after documented cases of abuse and neglect.
Jonah said he wants to stand up and speak out for all of the kids still trapped in facilities like the one he was rescued from.
He said while he doesn’t know where his parents are or if they’re alive, he’s looking forward to finding out.
“I
do desire to talk to and be with my family but the thing is, Matt has
the information,” Jonah said. “And I know that he has the information,
because he had texted the information to me and deleted it. So, I have
no further information, but I have to get those things from Matt, and we
will get those things from Matt.”
Jonah says he has exciting plans for his new life, although he couldn’t say where he’ll be going next.
The
former governor is estranged from his wife, Glenna, and has lived a
relatively reclusive lifestyle since his disappointing loss to current
Governor Andy Beshear in 2019. It’s unclear what their next move will
be, as they refused to answer reporter questions.
U.S. Attorney's Office, Western District of Kentucky
Louisville,
KY – A New Mexico man was sentenced last week to 1 year and 6 months in
federal prison for his role in a sweeping “grandparent scam” that
targeted victims in Kentucky and across the United States through
Canadian-based call centers.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky,
Karen Wingerd, Special Agent in Charge, Cincinnati Field Office, IRS
Criminal Investigation, and Special Agent in Charge Robert Holman of the
United States Secret Service made the announcement.
According to court documents, callers would convince senior victims
that their grandchild or other family member had an emergency, usually a
car accident, and urgently needed money from the victim.
Co-conspirators posing as “couriers” would then collect cash from
victims at home and others would launder the criminal proceeds, both
through traditional banks and cryptocurrency exchanges. The charged wire
fraud conspiracy and money laundering conspiracy spanned from August
2020 to May 2021 and impacted hundreds of victims across the United
States—including in Kentucky—who lost over $3 million in total.
Robert Louis Sanchez, 57, of Albuquerque, New
Mexico, was sentenced last week to 1 year and 6 months in prison,
followed by 3 years of supervised release, after pleading guilty to wire
fraud conspiracy in April, for his role both as a courier and sometimes
as the “safehouse” who would guard cash that was taken from victims.
Four other defendants have previously entered guilty pleas and have been sentenced in the case.
Jairo Ostia Roberts, 44, who traveled from Panama to the
United States to act as a courier in the scheme, was sentenced on March
9, 2023, to 6 months in prison followed by 1 year of supervised release,
for wire fraud conspiracy. Roberts was removed to Panama upon his release from U.S. Bureau of Prisons custody.
Panama Abel Diaz Adames, 39, who also traveled from Panama to
the United States to act as a courier in the scheme, was sentenced on
April 4, 2024, to 1 year and 4 months in prison, followed by 3 years of
supervised release, for wire fraud conspiracy.
Christopher Courcoulacos, 46, a Canadian citizen who had been
residing in Panama, was considered a “manager or supervisor” within the
conspiracy, and was sentenced on November 9, 2023, to 6 years in prison,
followed by 3 years of supervised release, for wire fraud conspiracy.
Mark Anthony Phillips, 44, of Ruskin, Florida, was sentenced
on May 2, 2024, to 6 years in prison, followed by 3 years of supervised
release, after pleading guilty to a money laundering conspiracy charged
in the Western District of Kentucky, as well as pleading guilty to five
additional money laundering counts, originally charged in the Western
District of New York, which were transferred to Kentucky for guilty
pleas and sentencing.
There is no parole in the federal system.
This case was investigated by the IRS-CI and USSS with assistance
from the Jefferson County Sheriff’s Office, the Federal Bureau of
Investigation, Homeland Security Investigations, and the Treasury
Inspector General for Tax Administration.
Assistant U.S. Attorney Corinne E. Keel prosecuted the case.
This case was investigated and prosecuted as part of the National
Elder Justice Task Force and the Kentucky Elder Justice Task Force. The
Department of Justice’s mission of its Elder Justice Initiative is to
support and coordinate the Department’s enforcement and programmatic
efforts to combat elder abuse, neglect and financial fraud and scams
that target our nation’s older adults. Kentucky’s task force is
comprised of investigators, prosecutors, and others at the local, state,
and federal level with a common objective of protecting seniors across
Kentucky.
Court-appointed
guardianship locked me in a soundproof closet with other adult
daughters navigating a world not designed for women.
(Maskot / Getty Images)
Britney
Spears’ autobiography revealed details of her father’s abuse of power
through a court-ordered conservatorship that lasted from 2008 to 2021.
Her father had reproductive control over her body and even what she ate.
My
experience with a court-ordered legal guardianship didn’t last 13
years, but I am an adult daughter who experienced abuse by a father. The
difference is Britney’s dad was the conservator of her, and I was the
guardian of my dad.
Before retiring, my
dad owned a small concrete business in our rural Kentucky hometown. He
rode a Harley Davidson and went to church on Sundays, except when the
weather was nice. He planned meticulously for his end of life like a
fantasy. He initiated durable power of attorney (POA) and healthcare
surrogate documentation for me to protect his interests in the future.
For 20 years, he trained me relentlessly so I would know exactly how to
execute his final wishes.
What he didn’t plan for was dementia.
My
dad was born during the Silent Generation. He served in the U.S. Army
Reserves. He wanted a son but got a daughter. Fathers should be grateful
to have a daughter, since research proves we provide twice as much caregiving for senior parents than sons do.
My dad also didn’t plan for his health to decline when I was part of the 71 percent of working mothers in America.
Working
mothers and adult daughters who make up the majority of
the sandwich generation need the ability to also care for their own
mental and physical well-being to avoid burnout.
Why
did I pursue court-appointed legal guardianship for my father? Because
POA failed me when he needed it most. My dad was on a path to wreck
himself financially. Before his second traumatic hospital stay, where he
received the Alzheimer’s diagnosis, he opened three new checking
accounts, closed two other bank accounts, opened credit cards at
different retail stores he did not frequent, bought a dog, and canceled
his Medicare Advantage insurance. A blizzard of yellow post-it notes
with his Social Security number and other account log-in information
were scattered around his house. Leeches and predators tried to gain
access to his life and also harassed and threatened me.
Alzheimer’s made
my dad physically aggressive. He lived with my family for six weeks. As
a mother, I could not have this behavior in my home around my
children.
While my POA indicated I was
my dad’s chosen healthcare surrogate and could make decisions when he
was incapacitated, every time I called to “fix” something he had broken,
I was asked to put him on the phone for his approval—even after I
explained he was incapacitated with Alzheimer’s. To complicate matters,
his Alzheimer’s diagnosis came during the worldwide pandemic in 2020. He
lived 800 miles away from me.
Trying to
undo damage my dad did to his Medicare health insurance while denied
rights as POA was a nightmare. Alzheimer’s care isn’t cheap. His long-term memory care cost up to $9,000 per month, and it was not easy to secure during the pandemic with a healthcare professional shortage.
Achieving
court-appointed guardianship was a different nightmare. Eleven months
and thousands of dollars later, I was appointed and bonded as his legal
guardian (of the person and of the estate) in Texas. But,
court-appointed guardianship locked me in a soundproof closet with other
adult daughters navigating a world not designed for women.
Why wasn’t the court order enough? Because a woman with legal power isn’t enough.
Banks,
health Insurance companies, and other businesses serving seniors do not
understand Alzheimer’s disease. Most businesses have standard legalize
for POA situations; however, guardianship overrides pre-existing POA.
This does no good when businesses are unaware of the differences between POA and guardianship.
POA is meant to help someone temporarily incapacitated due to health or advanced age.
Guardianship
is when someone is not of sound mind, cannot make safe or logical
decisions, and their situation is not expected to resolve itself for the
long term.
Why do businesses
expect a senior citizen diagnosed with an irreversible disease of the
mind to make financial or health decisions? Why wasn’t the court order
enough? Because a woman with legal power isn’t enough.
Being
a working mom of children doing virtual school during the pandemic,
also in the middle of a graduate degree, and suddenly caring for a
delusional and aggressive senior parent while being forced to educate
every single business on what guardianship legally appointed me to do
was overwhelming.
Guardianship paperwork
is thick. Do you know how many businesses asked if I had a fax machine?
What end consumer in the age of AI and self-driving cars has a fax
machine at home or can get to one easily during a pandemic? Why pay a
dollar per page to fax information in the age of Alexa, Google and
smartphones when I should be able to email or upload a file?
The most dehumanizing part of legal guardianship was being a woman.
I
was constantly put in my societal place. Businesses repeatedly denied
my rights. One financial institution denied my right to close an
account. They demanded a court order. Their ignorance was that my
court-appointed legal guardianship is
a court order. The experience of trying to advocate for my
incapacitated father and my rights as his guardian involved ghosting,
gaslighting and blurred interpretations of legal rights.
My dad died three months later.
Now
it’s eight months later, and I’m still waiting—only now, I’m stuck in
this legal guardianship and can’t get out. It is a ridiculously
desensitized process void of human compassion that prevents adult
daughters from properly grieving and processing trauma.
I’m an only child of divorce. There was no village of support.
Alzheimer’s
disease was not the worst part of my dad’s end of life. It was the
stress, isolation and trauma from the elder law experience.
It would’ve been different if I had been a son.
Facts. Caregiving falls to women. Alzheimer’s disease is on track to collapse the U.S. healthcare system with people living longer. Working mothers and adult daughters who make up the majority of the sandwich generation need the ability to also care for their own mental and physical well-being to avoid burnout.
The Road to Elder Law Reform
Elder law reform can be improved with four action items.
First, POA must define incapacitation and
quantify “temporary,” federally, for all states, in clear and detailed
terms. Dumb it down. It is currently too broad, too big, and open to
interpretation.
Second, when adult
daughters live in another state away from her senior parent, POA
documentation should be state-mobile so she can continue working and
caring for her children and senior parent.
Third, the federal government should require specialized training for banks, insurance companies, and other business legal departments so they communicate with POAs accurately and legally.
Fourth,
when adult children provide legitimate documentation from licensed
medical physicians who have diagnosed a senior citizen with Alzheimer’s
(translation: incapacitated), elder law attorneys need to make the legal
language clear that POA exists for a time such as this. Otherwise, the
United States risks working mothers leaving their jobs when there aren’t enough workers and ruining her own health—which will ironically further strain our healthcare system.
KENTUCKY — In a new report, Kentucky was named the fifth-best state for elder-abuse protections in 2024.
What You Need To Know
Personal finance website WalletHub released its annual report on states with the best elder-abuse protections
Kentucky was ranked fifth of 50, receiving a total score of 49.69
Scores were assessed based on 16 metrics across three categories
Each metric had a corresponding weight and was scored on a 100-point
scale, with 100 representing the "best protection against elder abuse"
With research conducted by personal finance website WalletHub,
Kentucky received a total score of 49.69. Wisconsin ranked No. 1 with a
score of 62.45, followed by Massachusetts (55.07), Ohio (52.71) and
Virginia (49.76). Assessing the 50 states and the District of Columbia,
scores were given based on 16 metrics across three categories: the
prevalence of elder abuse, resources for prevention and the quality of
elder-abuse protections.
Metrics were scored on a 100-point scale with various weights, with
100 representing the "best protection against elder abuse," according to
WalletHub. The website then determined each state's weighted average
across all metrics to calculate its overall score and ranking.
According to the website, financial abuse against the elderly is becoming a greater concern with inflation rates rising.
"Falling prey to financial abuse can have dire consequences for
anyone, but our older population is greatly susceptible," said Cassandra
Happe, WalletHub analyst. "Abuse can greatly impact their ability to
afford basic necessities, especially since many seniors are on a fixed
income."
WalletHub recommends the following tips for spotting signs of elder financial abuse:
Watch for unusual bank or credit card activity
Be wary of new or unusual "friends," including acquaintances
Keep an eye on social media and Internet usage
Pay attention to changes in legal documents
Be mindful of behavioral changes, such as appearing fearful, anxious or secretive about finances
Note any decline in personal care conditions
According to the U.S. Census Bureau,
the 65 and older population is projected to nearly double from 49.2
million in 2016 to 94.7 million in 2060. The full report and rankings,
published Dec. 13, can be found here.
Two good Samaritans looking for a lost dog's
owner ended up potentially saving an elderly man's life. (Credit:
Jennings County Sheriff's Office)
LOUISVILLE, Ky. - Two
good Samaritans looking for the owner of a lost dog ended up
potentially saving an elderly man's life, according to a Kentucky
sheriff.
In a Facebook post,
the Jennings County Sheriff's Office said that a dog had broken from
her chain over the weekend and was found by two good Samaritans on what
happened to be National Dog Day.
The pair attempted to locate the dog's owner.
As they were going door to door, they heard a man
yelling for help inside a home. The pair entered the home and found an
elderly man who needed immediate medical attention and had been down and
immobilized for at least two days.
The pair then called 911. First responders said they didn't know if the elderly man could've survived much longer.
Meanwhile, the dog was transported to animal control and was eventually reunited with her owners.
"Thank
you to these good Samaritans for their kindness in caring about the dog
but also potentially saving the elderly male," the sheriff's office
said in a post.
"Dogs truly are man's best friend. Although it was not her owner, this pup breaking loose likely saved a life."
ASHLAND The United States recommends a former nurse
and care home owner to spend more than two years in federal prison for
defrauding her elderly patients.
Donna Sue Glass, 52, of
Argillite, the former owner and operator of Glass Family Care Home was
indicted in December 2022 on seven counts of wire fraud after the United
States alleged she swindled three patients out of nearly $100,000.
According
to a sentencing memorandum filed in U.S. District Court, Glass became
the guardian over two of her residences — giving her full access to
their finances and later a third after she became a signor on their bank
account.
Glass’s
actions, according to a U.S. attorney, constitute a 26-month
incarceration. “Elder financial exploitation is the type of cynical,
insidious crime that must be met with a serious sentence of
incarceration,” the document reads.
According to plea agreement documents from April, Glass admitted to operating with the intent to deceive.
Per
case documents, Glass became a co-signor on an elderly resident’s
account when a physical ailment left him unable to sign his own checks.
Court
records indicate Glass depleted the man’s account and spent $73,251 “to
which she was not entitled,” between April 2014 and April 2019.
The
U.S. also alleged Glass charged the man $1,500 per month in rent for a
shared 16-by-20-foot room, with no access to a private toilet, while
using the patient’s additional funds for vacation, mortgage payments and
monthly subscriptions to Sun Tan City.
“She housed more residents
than state statute permitted. ... She squeezed residents into housing
conditions that were inadequate at best — not providing a wall for a
bathroom is humiliating,” Assistant United States Attorney Kathryn M.
Dieruf wrote in reference to Glass’s actions.
Glass became
guardian to a second patient in October 2014. She is accused of
depleting the woman’s account by “unlawfully (stealing)” $14,299.
In
the case of the second patient, Glass is accused of collecting rent
from other residents, “commingling funds to the point of
inextricability.”
After the account was “bankrupted,” Glass
increased the woman’s rent well beyond her monthly income — abusing her
role as both guardian and landlord, Dieruf wrote.
Glass remained
the woman’s guardian after she was moved to a new facility and, per
court documents, Glass neglected to pay the new facility.
According
to court documents, Glass was given access to a third patient’s
benefits and financial accounts and she continued to collect his Social
Security benefits after he was moved from the Glass Family Care Home.
“The
defendant’s residents were senior citizens whose mental and physical
capacities had deteriorated to the point of needing the care of a family
care home. The defendant took advantage of her residents’
vulnerabilities, lack of oversight and trust in her to use and abuse
their bank accounts or outright steal their income,” Dieruf wrote.
Dieruf
also asks for restitution in the case, requesting the judge to order
Glass to pay the amount lost to each of the resident’s estates.
The
prosecuting sentence memorandum says the Glass Family Care Home is
currently listed for sale at $260,000 and requests that any proceeds of a
sale should be applied toward payment to her victims.
Glass’s attorney, Michael Curtis, also filed a sentencing memorandum, requesting the judge sentence Glass to home incarceration.
Curtis wrote Glass “has been a nurse and ... had done an excellent job in caring for her patients.”
“She
is an extremely passionate person who feels for the other people and
her sole job was caring for those in need,” Curtis continues.
Dieruf
seemingly responded to that line in the U.S. memorandum with: “She
insists she only cared for the well-being of her residents. The facts of
this case demonstrate otherwise.”
Curtis says Glass’s mistake was commingling money — confusing her fiduciary duties.
The
defense requested Glass receive mental health treatment if she were to
be incarcerated, “or if she is released on some alternative form of
sentencing,” Curtis wrote.
Curtis wrote home incarceration and
supervised release would “reflect the seriousness of the offense and
likewise promote respect for the law and provide just punishment.”
Glass’s
official sentence, which will be decided by a judge after taking the
sentencing proposals from counsel into consideration, will occur on Aug
14.
Two Louisville nursing homes will be
shutting down and paying penalties after site visits by Medicare
officials showed signs of patient neglect and mistreatment
By Dustin Vogt
LOUISVILLE, Ky. (WAVE) - Two Louisville
nursing homes will be shutting down and paying penalties after site
visits by Medicare officials showed signs of patient neglect,
mistreatment, and in the case of one nursing home, rats in plain view.
Hillview
Rehab and Care Hillcreek, located at 3116 Breckinridge Lane, and St.
Matthews Care and Rehab Center, located at 227 Browns Lane, have
dismissed cases seeking injunctive relief and will be shutting down,
according to the U.S. Department of Justice.
The
nursing homes are owned and operated by Medical Rehabilitation Centers,
LLC, which is headquartered in Lexington. The company agreed to pay a
total of $1,026,409 in civil money penalties to the Centers for Medicare
& Medicaid Services.
“This office
will vigorously defend the actions of CMS when it seeks to hold
accountable nursing facilities that fail to comply with Medicare rules
and regulations,” U.S. Attorney Michael A. Bennett said in a release.
“Nursing homes must meet all federal program requirements and provide
their residents, which include some of our most vulnerable citizens,
with the quality care and services they deserve. When facilities fail to
meet these requirements, CMS is authorized to hold the facilities
accountable.”
From September 2022 through May 2023, the Kentucky Division of Health Care performed site visits to the two nursing homes.
The visits found numerous violations of Medicare rules and regulations for each of the two nursing homes.
In
the case of Hillview Rehab and Care, findings included using blood
glucometers on multiple patients without disinfection, leaving a
resident with skin tears in an unheated room covered in urine and feces,
finding rats and rat droppings in plain view within various locations
and failing to implement care plans for multiple residents who each
suffered serious harm.
For the St.
Matthews location, findings include failing to protect residents from
abuse, failing to complete proper background checks on its employees and
failing to ensure that alleged violations of abuse or neglect were
reported immediately among others.
On May 24, the two nursing homes filed
federal lawsuits in an attempt to remain open, with the United States
filing motions to dismiss and dissolve restraining orders entered by the
court.
Following a brief hearing on
June 1, the nursing homes agreed to terminate provider agreements with
Medicare, dissolve temporary restraining orders, dismiss the cases with
prejudice and close the facilities within 30 days.
The
U.S. DOJ said Hillcreek and Exceptional Living Centers will pay a
penalty of $636,752.75 to CMS and St. Matthews and Exceptional Living
Centers will pay a penalty of $389,656.25.
Standing in line at a bank recently, I noticed an older
woman approaching the teller next door with checkbook register in hand.
Her voice was very concerned as she asked for help understanding why her
register did not match her bank statement. Had someone stolen her
money? The teller took her to a nearby table and went item by item to
help solve the mystery. The patience, understanding and thoroughness
were impressive to witness. By the time I finished my business, the pair
had found the source of the difference and all was well.
This woman did a good job protecting herself. She kept her
paperwork up to date. She got help when she had questions. However,
there are many times when all is not well, especially for our older
friends and family.
Financial exploitation is a form of elder abuse. While elder abuse takes many forms, the most common is financial.Simply
put, financial exploitation is theft. It might be taking actual money,
or it could be taking items that belong to an older adult. It might also
be scamming an older adult into giving out their Medicare number,
Social Security number, or other personal information. Then thieves can
use that information to take out new credit cards and access services.
Beyond great customer service, that bank teller probably
received extra training about financial elder abuse. While anyone can
get scammed, this bank teller knew certain people are at higher risk,
such as a person who
• Experiences a disability, memory problems or mental illness,
• Does not have access to social support and friends,
• Lives in group housing, or
• Is grieving the loss of a spouse or family member.
Unusual activity in a bank account is a key sign of financial exploitation that the bank teller understood.Another
sign might be suddenly missing important paperwork or property.
Sometimes a person exploiting an older adult will make sure they do not
see a bank statement so they cannot notice the unusual activity.
When older adults are lonely, thieves can use the need for
companionship to get close enough to take advantage. A person trying to
exploit an older adult may try to isolate them so that friends and
family will not notice those missing things.What
friends and family of the victim might notice is that their loved one
has less and less furniture or clothing in the closet.
Older adults can do things to help protect themselves from financial abuse.
• Use direct deposit to get your benefits.
• Keep valuable things and your cash in a safe place.
• Do not sign anything you do not understand.
• If you have ATM debit cards or credit cards you do not use, cancel them.
• Do not give your bank PIN to anyone.
• Look at your bank statements carefully.
• If you have someone to help you with your money, put the details of your agreement in writing.
• Take the time to have someone you trust review paperwork with you.
• Do not answer calls if you do not recognize the number. They can leave a message.
Often, scammers and thieves make it seem like you must
hurry and “act now.” You always have time to stop and think and check.
If it sounds too good to be true, it probably is. If someone says a
family member needs money, call that family member directly. Telephone
scammers can fake voices now, so check in with real people.
Sometimes older adults do not report theft or scams
because they are embarrassed. It is important to know that you are not
alone.Thieves often take advantage of the best intentions of good people.It is also important to know there are other good people, like the bank teller, willing to help sort things out.Reporting a crime is important because it could keep it from happening again.
Friends and family can help older adults keep themselves
safe from elder abuse. Know the risks. Remind older adults about how to
protect themselves. Know your neighbors and help older adults take part
in social activities to keep connected. Report suspected abuse by
calling Kentucky’s Cabinet for Health and Family Services at
1-800-752-6200. To find out more about elder abuse, visit
https://www.chfs.ky.gov/agencies/dcbs/dpp/apb/Pages/publications.aspx.
BULLITT COUNTY, Ky. — For weeks, Hillview Police Detective Chris Boone has poured over hundreds of pages of checks.
"There's one for $12,000, $10,000, $71,000. There's a $30,000 deposit," Boone said, flipping through the photo copied pages.
Boone says they were all signed by lawyer John Schmidt during his
time as Bullitt County's Master Commissioner. But instead of helping
people settle their estates, investigators say Schmidt was stealing from
them.
"There was people relying on these payments from their
estates and were told to trust the system the money will come to you as
it’s supposed to and their money was missing," Boone said.
In one
case, an estate set up for a man, and passed to his children when he
died was cleared out. Debbie Cain says Schmidt went to the bank and
emptied out her sons' $247,000 account.
"When I found out about this furious is an understatement. I mean, I was livid when I found out that money was gone," Cain said.
According to court documents filed just this week it appears those
thefts go back almost 20 years. In fact, it was a state audit done back
in 2004 that first noted there seemed to be a misappropriation of
funds.
"The thing that really bothers me about this is the amount of time it
went on and the amount of time it went on without being addressed when
it should have been addressed. A lot of these people wouldn’t be in
the position they’re in if this would have been addressed when it was
first an issue," Boone said.
That's victims like Cain's sons.
They were defrauded in 2019, the same year Schmidt was removed from his
position. Investigators say it was long after the damage was done.
They believe he got away with hundreds of thousands of dollars.
"I just, God, I hope they catch this man, I really, really hope they get him," Cain said.
The
warrant for Schmidt's arrest is for charges of theft and abuse of
public trust. Anyone who might have been a victim or knows the
whereabouts of Schmidt is asked to call police at (502) 955-6808.
U.S. Attorney's Office, Western District of Kentucky
Louisville, KY – Two Marion County women were sentenced yesterday for their roles in an over $500,000 elder fraud scheme. Donna Jean Bradshaw,
57, of Lebanon, Kentucky, was sentenced to 48 months of imprisonment,
followed by 48 months of supervised release. She was also ordered to pay
restitution of $582,635. Tammy Lynn Gilbert, 49, of
Bradfordsville, Kentucky, was sentenced to 5 years of supervised
release, including 12 months of home incarceration, and was ordered to
pay $10,000 in restitution and a $1,000 fine.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky
and Special Agent in Charge Jodi Cohen of the FBI Louisville Field
Office made the announcement.
According to court documents, between March 2013 and June 2016, Bradshaw, aided by Gilbert, engaged in multiple schemes to commit bank fraud and wire fraud. Bradshaw, with Gilbert’s
aid, engaged in various means to defraud an elderly victim of funds,
including creating a fictitious United States Occupational Safety and
Health Administration mortgage loan reimbursement program and
fabricating documents from a Louisville law firm to create the
appearance of a fictitious inheritance.
Bradshaw pleaded guilty to two counts of bank fraud and eight counts of wire fraud on January 25, 2023. Gilbert pleaded guilty to two counts of bank fraud and eight counts of wire fraud on June 25, 2020.
The case was investigated by the FBI Louisville Field Office.
Assistant U.S. Attorneys David Weiser and Corrine Keel prosecuted the case.
This case was investigated and prosecuted as part of the National
Elder Justice Task Force and the Kentucky Elder Justice Task Force. The
Department of Justice’s mission of its Elder Justice Initiative is to
support and coordinate the Department’s enforcement and programmatic
efforts to combat elder abuse, neglect and financial fraud and scams
that target our nation’s older adults. In response to the growing need
and targeting areas of greatest concern, the Department of Justice
initially stood up 10 task forces made up of 11 federal districts to
combat a variety of elder abuse, including elder financial exploitation.
Kentucky’s federal districts make up two of the 11 districts under the
Initiative. Kentucky’s task force is comprised of investigators,
prosecutors, and others at the local, state, and federal level with a
common objective of protecting seniors across Kentucky.
In October, the Department announced that as part of its continuing
efforts to protect older adults and bring perpetrators of fraud schemes
to justice it is expanding the Transnational Elder Fraud Strike Force,
adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force
will help to coordinate the Department’s ongoing efforts to combat
largest and most harmful fraud schemes that target or disproportionately
impact older adults.
To report elder fraud, for non-life-threatening emergencies, call the
National Elder Fraud Hotline at 1-833-FRAUD-11 (or 833-372-8311).
