Showing posts with label Public Guardian. Show all posts
Showing posts with label Public Guardian. Show all posts

Thursday, February 26, 2026

Judge questions former Sullivan County public guardian about multiple guardianship cases

Former Sullivan County public administrator Joan Brummitt answered for her oversight as guardian

by Matt Flener

A former Sullivan County elected public official faced pointed questions from a judge on Tuesday for how she handled the estates of 13 people whom she oversaw as guardian or conservator.

The judge ordered former longtime Sullivan County Public Administrator Joan Brummitt to appear before him on Tuesday — in one case asking why she did not transfer more than $400,000 from a ward’s estate to the new public administrator in the county after Brummitt resigned from office.

Sullivan County Associate Circuit Judge Adam Warren on Tuesday, after hearing an explanation from Brummitt’s attorney, gave Brummitt more time to transfer ownership of that specific ward’s bank and brokerage accounts to the new county public administrator before holding her in contempt.

In 12 other probate cases of former wards, Warren cited Brummitt for failing to file various reports. Brummitt cleared most of those cases by filing the reports in the court record and before Warren on Tuesday.

Brummitt declined to comment to KMBC 9 News about the cases.

Brummitt’s court appearance marks the latest questions from a judge.

In a separate criminal case, she is facing four felony counts of financial exploitation of an older/disabled person and four felony counts of stealing $750 or more.

She has pleaded not guilty.

Brummitt, in her role as Sullivan County Public Administrator, had the responsibility to care for wards of the state.

Public administrators are elected in Missouri to take care of financial and medical decisions for elderly or mentally ill patients when a judge decides family or friends can no longer care for them.

Court documents in Brummitt's criminal case

Previous court documents allege Brummitt moved money last October from an elderly ward’s bank account to her personal bank account on four separate occasions.

A Missouri State Highway Patrol investigator said on Oct. 14, 2025, Brummitt used her personal cell phone and online banking app to send money from the ward’s account through three separate transactions, totaling $999, $1,900 and $1,980.

She made another online $999 transfer on Oct. 16, the MSHP investigator said in court documents.

The total amount came to $5,878.

Brummitt is charged with four felony counts of financial exploitation of an older/disabled person and four felony counts of stealing $750 or more.

A Missouri State Highway Patrol investigator testified last month that Brummitt admitted to the highway patrol that she moved money from the ward’s account to hers.

The investigator told the court that Brummitt admitted to highway patrol investigators that hackers told her to move the money.

Brummitt’s criminal attorney, Mark Williams, has previously told KMBC 9 News that Brummitt is innocent until proven guilty.

In a series called "Paper Prisons," KMBC 9 News is investigating ways to systemically improve the care of those under guardianship by highlighting stories of people struggling to navigate a tangled system of legal paperwork, medical records and court orders.

If you have a tip about a Missouri guardianship case, email investigates@kmbc.com. 

Full Article & Source:
Judge questions former Sullivan County public guardian about multiple guardianship cases 

See Also:
Sullivan County elected official accused of stealing thousands from disabled person

Missouri elected guardian charged with 8 felonies for stealing from ward

Missouri public guardian pleads not guilty to eight felony counts

Judge: Missouri public guardian’s felony financial crime case can move forward   

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Paper Prisons: Missouri woman details struggle to leave public guardianship after husband's death

Paper Prisons: Missouri man continues fight to free his mother from public guardianship 

Friday, January 16, 2026

Judge: Missouri public guardian’s felony financial crime case can move forward

Sullivan County Public Administrator Joan Brummitt is charged with eight felonies connected to alleged financial crimes


by Matt Flener

A Missouri elected public guardian’s felony financial crime case will move forward after a preliminary hearing at the Sullivan County courthouse on Wednesday.

Joan Brummitt is accused of stealing nearly $6,000 from a ward of the state under her care, according to court documents.

Brummitt, in her role as Sullivan County Public Administrator, has the responsibility to care for wards of the state.

Public administrators are elected in Missouri to take care of financial and medical decisions for elderly or mentally ill patients when a judge decides family or friends can no longer care for them.

Brummitt appeared in court with her attorney, Mark Williams.

Williams cross-examined Missouri State Highway Patrol investigator Barbara Littrell about Brummitt’s admission to the highway patrol that she moved money from the ward’s account to hers.

Littrell told the court that Brummitt admitted to highway patrol investigators that hackers told her to move the money.

“Bottom line is she conducted the transfers,” Littrell said on the witness stand before Ninth Circuit Court Presiding Judge Terry Tschannen.

Littrell told the court that she worked with employees at Putnam County State Bank to uncover the alleged crimes.

KMBC asked Brummitt’s attorney if she was coerced or told to transfer the ward’s money into her personal account.

“Either that or if they were hacking into her phone,” said Mark Williams. “Regardless of what she thought, you know, they could do it anyway, because as I cross-examined the officer, there are ways depending on the bank and the security system the bank has that they can access people's accounts and they can go back and forth on your own account if you have more than one account.”

Judge Tschannen found enough probable cause existed to keep the case moving forward to trial. He referred the case to allow the Missouri Supreme Court to choose another judge.

Court documents allege Brummitt moved money in October from an elderly ward’s bank account to her personal bank account on four separate occasions.

A Missouri State Highway Patrol investigator said on Oct. 14, 2025, Brummitt used her personal cell phone and online banking app to send money from the ward’s account through three separate transactions, totaling $999, $1,900 and $1,980.

She made another online $999 transfer on Oct. 16, the MSHP investigator said in court documents.

The total amount came to $5,878.

Brummitt is charged with four felony counts of financial exploitation of an older/disabled person and four felony counts of stealing $750 or more.

Brummitt still holds office. But a judge has restricted her from making financial decisions on behalf of her wards.

In a series called "Paper Prisons," KMBC 9 News is investigating ways to systemically improve the care of those under guardianship by highlighting stories of people struggling to navigate a tangled system of legal paperwork, medical records and court orders. 

Full Article & Source:
Judge: Missouri public guardian’s felony financial crime case can move forward

See Also:
Missouri public guardian pleads not guilty to eight felony counts

Missouri elected guardian charged with 8 felonies for stealing from ward

Monday, December 8, 2025

A new law expands the definition of ‘grave disability’ and who will qualify for conservatorship


News Provided By
California Courts
December 05, 2025, 22:38 GMT 

Starting Jan. 1, 2026, the Public Guardian, an office under the Monterey County Health Department, will use the expanded definition of “gravely disabled” as referring to those unable to provide basic care and safety for themselves, because of chronic alcoholism or substance use disorder. 

Source:
A new law expands the definition of ‘grave disability’ and who will qualify for conservatorship 

Wednesday, March 19, 2025

Elderly man under guardianship wants to return to Harrison Township home

Gerald Harten says he’s been separated from his wife and held in various group homes for months. Monday a court hearing was finally held to determine Jerry’s fate, but justice for Jerry is delayed yet again.

By: Heather Catallo

MOUNT CLEMENS, Mich. (WXYZ) — Last fall, the 7 Investigators raised the voice of a Vietnam veteran who said he felt like he’s become a prisoner of Michigan’s guardianship system.

Gerald "Jerry" Harten says he’s been separated from his wife and held in various group homes for months. On Monday, a court hearing was finally held to determine Harten’s fate, but justice for him is delayed yet again.

Harten has been wanting to appear in person to talk to a judge at the Macomb County Probate Court. But once again on Monday, his public guardian would not let him attend the hearing.


Harten is an aging veteran who is so frustrated about being under court-ordered guardianship that he called the police on his own family several times last summer.

The 77-year-old Vietnam veteran’s journey into guardianship started in November of 2023, after he had back surgery and other health complications. His wife Mary had power of attorney to make his medical decisions, but she had her own medical emergency at the same time and could not care for him. So, Macomb County Probate Judge Sandra Harrison declared Harten legally incapacitated and made his son his guardian.

“I was in a hospital and my boy stepped up to be my overseer of medicine,” Harten told 7 Investigator Heather Catallo in an interview last fall.

Harten says after his health improved, he still was not allowed to leave his son’s home, and court records show Harten’s wife and his son started fighting over who should care for him.

So the judge appointed public guardian George Heitmanis, but the family conflict continued and so did the police visits.


Harten was then moved to three different group homes and now, he’s been moved to a rehab facility.

“I am really almost crying out for desperation. I want to go home,” Harten said. “They always get me away from court deals. And that's what made me mad. I said 'what? I can't see the judge.'”


After 15 months under guardianship, court records show Harten’s son is now trying to get him back under his roof. And instead of holding a long-awaited hearing for Harten Monday, lawyers for all of the parties asked for another adjournment.

“The one thing we did agree to is that we probably need a third party who is not any of us to investigate everybody and then report back who appears to be suitable,” said attorney Elizabeth Ferguson, who represents Harten’s son and daughter-in-law.


Harten’s new court-appointed attorney, Ben Schock, advocated fiercely for him in court, objecting that his client’s guardian would not allow Harten to appear in front of the judge for his own case.

“Why was Jerry not allowed to come to court today?” Catallo asked.

“There is a statement from a licensed medical doctor that indicates that his presence in the hearing can exasperate his medical condition,” Schock said.

“But that statement is a year old, and he’s had other evaluations since then. Hasn’t he expressed a desire to come to court?” Catallo asked.


“Absolutely, he’s expressed a desire to come. That was part of my objection today. We are going to get additional medical, hopefully for Mr. Harten, which allow him to attend future hearings,” Schock said.

Harten’s son and his wife declined again to speak to us on camera.

All of the parties are expected to be back in court in early May.

Full Article & Source:
Elderly man under guardianship wants to return to Harrison Township home

Guardianship hearing for Vietnam veteran adjourned again

Gerald Harten says he’s been separated from his wife and held in various group homes for months. Monday a court hearing was finally held to determine Jerry’s fate, but justice for Jerry is delayed yet again.

Source:
Guardianship hearing for Vietnam veteran adjourned again

Friday, January 10, 2025

‘Neglect,’ ‘exploitation’ by Kent County guardian prompt criminal enterprise charge

by: Susan Samples



GRAND RAPIDS, Mich. (WOOD) — A joint investigation by detectives in Grand Rapids, Walker and Kent County uncovered a public guardian’s “wide-ranging scheme” to exploit vulnerable adults, according to court records.

Kimberley St. Onge, who served as a guardian through Kent County Probate Court, is charged with conducting a criminal enterprise, a 20-year-felony, and embezzlement from a vulnerable adult more than $1,000 but less than $20,000.

“St. Onge, acting as a legal guardian for multiple individuals, systematically diverted funds meant to support the basic needs of vulnerable adults,” a Grand Rapids detective wrote in a probable cause affidavit filed Dec. 17 in 61st District Court. “Across all cases, St. Onge exhibited a clear and deliberate pattern of financial exploitation, commingling funds, and neglecting her legal and moral responsibilities as a guardian.”

The complaint lists 12 alleged victims and/or complainants who lost a total of $43,650 in amounts that ranged from $2,351 to $12,968.

However, in an initial fraud case filed in May, a detective reported that Kent County’s guardianship program, which investigated promptly when allegations surfaced, estimated St. Onge’s “mass embezzlement” could surpass $100,000.

According to the December affidavit, St. Onge allegedly cashed her wards’ federal supplemental security income checks at nonbank locations, including Walmart and a liquor store, before depositing them into her own accounts and using them for personal expenses, like gas and hotel stays.

In multiple cases, the detective went on to write, there was no evidence that the wards’ funds were used to pay their housing costs or personal expenses.

In the affidavit filed in May, another Grand Rapids detective reported that checks fraudulently cashed on a ward’s bank account were made out to St. Onge’s son and mother.

“This affiant is aware of five checks which were written between 04/02/24 and 05/05/24 that were not authorized payments for legitimate purposes on behalf of (one of St. Onge’s wards),” wrote the Grand Rapids detective in the May case, “These checks totaled $2,400.”

A friend of the alleged victim in that case noticed suspicious activity on her friend’s bank account, notified probate court and helped the ward file a report with the Grand Rapids Police Department.

“I first saw a check come through for $600 to some name I never heard of and then several others,” the friend told Target 8 in an interview at her northwest Grand Rapids home, “and then another $300 and another $300, and they weren’t things we’d normally pay.”

Target 8 is identifying the ward’s friend by her first name only, Joann, to maintain her privacy. She was conducting a living room Bible study when Target 8 knocked on her door.

“Every day I wake up and I ask God to give me wisdom,” she explained.

Fittingly, it was Joann’s desire to serve that exposed a woman who, according to police, served only herself. Joann had previously managed the finances of a woman with special needs she met at church.

“I knew (she) was struggling with her finance situation and there was no family available to help her so I stepped in and told her I would pay her bills for her,” explained Joann, who’s 83. “So my name got put on her checking account, so it was easier to do. Then one day, I decided I was getting older and I should probably turn this over to someone younger.”

That’s when Joann and her friend sought a guardian through Kent County Probate Court and ended up with Kimberly St. Onge.

What St. Onge may not have realized was that Joann was still receiving notifications from her friend’s bank account.

“I first saw the check come through for $600,” Joann told Target 8. “And then (the ward’s) rent wasn’t getting paid, nor her utilities.”

Joann and her friend filed a report with GRPD and notified Kent County Probate Court.

“I kind of presumed that (there) was more than one (victim),” Joann recalled. “If (St. Onge) had clients, she wouldn’t just do it to one. So that was kind of the reason we decided we’d report it, to help save others, too. There was no other way to go. It had to be done.”

Joann thought her friend’s affairs would be well-managed.

“I turned it over to the state,” Joann said. “She should have been in good hands.”

Michigan’s Elder Abuse Task Force, convened in 2019 by Attorney General Dana Nessel, has been working to reform guardianship and conservator laws to better protect vulnerable people.

“There really hasn’t been uniform requirements throughout the state,” J. Dee Brooks, Midland County prosecutor and a task force member, said. “That’s what we’re really looking to do… to make (the system) more structured, to have a process where those individuals would be required to be certified by the state so we can make sure they have the necessary qualifications and also so they could be monitored.”

The task force has made progress in some areas, enacting the Financial Exploitation Act and creating a Vulnerable Adult Incident Report Form.

But a package of additional reform bills has so far failed to make it to a full vote of the Legislature.

“I think what happened was there was some pushback from the professional organizations (that represent conservators and guardianships),” Brooks explained in an interview with Target 8 via Zoom. “They were concerned it would involve over-regulation.”

But the task force is not giving up the fight for reform.

The AG’s office reports that more than 73,000 older adults in Michigan are victims of elder abuse. If you’re seeking resources or you’ve experienced or witnessed elder abuse, you’re urged to call 800.24.ABUSE (22873) or 855.444.3911.

According to an affidavit filed in 61st District Court, when allegations surfaced against St. Onge in May, Kent County’s Guardianship Program began a review and “found clear evidence of fraud, and commingling of finances.”

“Judge (David M.) Murkowski has issued an order to freeze all bank accounts belonging to Kimberly St. Onge,” a detective wrote in one of the affidavits.

Kalie Gascho, probate court register and administrator, declined comment regarding St. Onge due to the ongoing criminal case. did, however, confirm that the court runs criminal history, central registry and credit checks on all potential guardians. She also said St. Onge began serving as a guardian on May 16, 2023, and was terminated on May 21, 2024.

Court records show the alleged embezzlement occurred from June 1, 2023, to May 2024.

St. Onge, 56, has a clean criminal record in Michigan outside of a 2012 impaired driving conviction, according to the criminal database maintained by state police.

Federal court records show St. Onge, who most recently listed a home address in Zeeland, filed for bankruptcy twice more than 10 years ago.

She’s currently in the Kent County jail in lieu of a $10,000 bond. Her next court appearance is scheduled for Jan. 14.

St. Onge declined a jail visit with Target 8 and her defense attorney declined comment, explaining that she had been assigned to the case the same day Target 8 inquired about it.


Full Article & Source:
‘Neglect,’ ‘exploitation’ by Kent County guardian prompt criminal enterprise charge

Wednesday, December 18, 2024

Bank accounts locked and cash withdrawn after elderly gave power to law firm partner

by Sue Mitchell


Elderly and vulnerable people in south-east England have told the BBC how they lost control of their money and property after dealing with a law firm based in Essex.

They described how they were persuaded - and sometimes felt under pressure - to grant lasting power of attorney (LPA) to a man called Ron Hiller, a partner in the firm.

LPA is a legal agreement in which someone appoints an "attorney" to make decisions on their behalf, either for finance or health and welfare.

Attorneys are supposed to act in their clients' best interests. But we investigated 30 cases involving Mr Hiller and his firm, Craybeck Law, and found a disturbing pattern of events:

  • People found they had no access to their bank accounts and no idea how much Mr Hiller was charging for being their attorney
  • Large amounts of cash were withdrawn without a reasonable explanation
  • Properties were sold for what owners and others considered was lower than market value, and possessions were cleared and disposed of without owners' knowledge or informed consent

There has been a massive rise in LPAs in England and Wales in recent years. In 2023, more than one million people registered - a rise of 37% on the year before.

I spoke to dozens of vulnerable people, as well as their friends, family and neighbours, who expressed concern about Ron Hiller's business practices.

My findings also raise concerns about the potential lack of oversight within the system, and whether the body that regulates attorneys - the Office of the Public Guardian (OPG) - is able to deal with such problems.

A spokesperson for Craybeck Law has denied any wrongdoing but said the firm could not respond to claims about specific individuals, because of client confidentiality.

We made repeated attempts to speak to Mr Hiller in person, including at his home, but he did not respond.

Carole's story

Carole was in her 60s, living alone in a house in Uxbridge, west London.

In April 2022 she was admitted to hospital with an infection. She never came back.

Her friends and neighbours, Bert and Hazel, wanted to visit her in hospital but Covid restrictions were in place. Then the hospital told them she had been transferred to a care home.

They rang the home repeatedly but were never put through. They left messages but their calls were not returned.

Within months, Carole's house had been completely cleared out and sold for £355,000 - a low price, the neighbours thought, considering other houses in the street were fetching up to half a million.

Hazel and Bert were worried about what was happening, but they had no legal right to know any more details.

They wrote asking for my help, as they knew I had investigated a similar case.

I managed to track down Sandie, Carole's cousin.

Together we paid a visit to Carole's care home in the Hertfordshire town of Rickmansworth.

Carole told us she was desperate to leave, but was stuck there. She said she had been introduced to Ron Hiller at the care home, and he had convinced her to grant him lasting power of attorney over her finances.


Most people appoint family members to be their attorney but for Carole, this had not been an option. Her closest relative was Sandie - however, she lived about a 100-mile drive away and suffered from serious health problems.

A property and finance LPA can be activated as soon as it is registered. Carole told us she had been in a lot of pain when she arrived at the care home, and her LPA shows she agreed to grant these powers to Mr Hiller straight away.

Since that point, she had been without her bank cards and had received no statements. She was also in the dark about how much she was paying Mr Hiller to manage her finances.

She had wanted to call Hazel and Bert, but Mr Hiller had given her a new phone that didn't contain any of her old contacts.

Carole told us he had advised her to sell her house in order to pay the care home fees, then later told her it had fetched a low price because nobody had wanted to buy in her area.

As we sat talking, Sandie looked at her phone and discovered the house was on the market again. This time, the asking price was almost £100,000 more than when Mr Hiller had sold it for Carole.

After meeting Carole in the care home, Sandie asked for detailed accounts from Craybeck Law.

What came was a slow drip-feed of bank statements, with no real explanation of Mr Hiller's charges and hardly any receipts.

However, they did show that large sums of money had been taken from Carole's account. Her bank card had been used to make a series of £300 cash withdrawals from ATMs in the Essex town of South Benfleet, near Mr Hiller's office.

He told Sandie that Carole had authorised the withdrawals - but later, when Carole asked to see invoices, they were not produced.

Detail of bank statement showing five withdrawals of £300 each from the same cashpoint at Sainsburys Bank in South Benfleet. The first was on 16 January 2023, and the last is a week later on the 23rd. Caption above picture reads "Carole's bank card was used to make several withdrawals from ATMs in South Benfleet"

The statements also showed a charge for arranging for Carole's house to be cleared. I later discovered the work was given to Silverback Commerical Removals, and that the director of this firm was David James Hiller - the son of Ron Hiller.

Craybeck Law denied there was any conflict of interest and said the decision to use Silverback was reached after quotes were sought from alternative providers. Carole has no record of these.

I heard a similar story about house sales a few miles away in Watford.

Ron Hiller was appointed to oversee the finances of an elderly woman called Elizabeth - her house had been sold for £350,000 after she went to live in a care home.

It was then left empty and sold on a few months later for £525,000 - without any signs that improvements had taken place.

Craybeck Law said it would not comment on individual cases but told us that the properties it handled were often in poor condition and that sometimes they needed to be sold quickly to cover care home fees, and "to avoid the risk of a sale falling through".

Under pressure?

Many of the people I spoke to, felt Ron Hiller had put them under pressure to appoint him as attorney.

Some also told me they had been introduced to him by care professionals, who had led them to believe he was a qualified solicitor.

On the website for Craybeck Law, Ron Hiller is described as a partner in the firm's elder client division. However, the letters after his name - MCICM - denote a diploma in credit management and debt collection.

There is no mention of Ron Hiller on the official register of qualified solicitors either.

A spokesperson for Craybeck Law denied Mr Hiller had ever given the impression he was a qualified solicitor. They added that changes to the law in 2008 meant that individuals who were not qualified solicitors were permitted to become partners in law firms.


In the Hertfordshire town of Letchworth, a woman called Petra told me how an NHS social worker called Margaret Falegan had brought Mr Hiller to her house during a professional visit.

Petra suffers from anxiety and had previously told Ms Falegan - whom she described as her mental health nurse - that she was having trouble with her bills.

She felt she was being put "very much" under pressure to grant Mr Hiller power of attorney, even though she felt uneasy about him.

The next day, she went to her local Citizens Advice Bureau and - with the help of the staff there - suspended the process.

A few weeks later, she received a letter from Mr Hiller. It read: "I've informed the mental health team, Stevenage, of your decision, as this may impact on the level of support they may have planned to provide you in the future."

Whatever Mr Hiller had meant by this, Petra read it as a threat. She told me she was still upset about the letter months later, and it had destroyed her trust in the mental health team.


I have heard of other cases where Margaret Falegan introduced Mr Hiller to potential clients in the course of her professional duties. In one, the appointment was made in spite of objections from the man's relatives that he had dementia and did not understand what he was signing.

When I approached Ms Falegan for a response, she denied putting pressure on her clients to sign with Mr Hiller. However, she did not say whether her employer, Hertfordshire Partnership University NHS Foundation Trust (HPUFT), knew that he had accompanied her on client visits.

In response to my findings, HPUFT said it had now launched an investigation into Ms Falegan, as well as other social workers who had introduced Ron Hiller to clients. The trust said it had also raised the matter with the appropriate professional bodies and the police.

"If an NHS or care worker is making introductions between their clients and potential attorneys that is very concerning," says consultant psychiatrist James Warner.

"If [elderly or vulnerable people] don't have the ability to decide who they want to appoint as their attorneys, they shouldn't be appointing attorneys."

Craybeck Law said that when a potential client was introduced to the firm, a qualified individual - usually a social worker - would have a discussion with that person, to ensure they had the mental capacity to make the decision to appoint the firm as their attorney.

They said this would take place without a Craybeck Law representative present.

It also said the firm had processes to ensure that no individual felt coerced into signing powers of attorney.

Wills

In several of the cases I looked at, Craybeck Law - and chiefly Ron Hiller - not only acted as attorney but also executor of clients' wills.

An executor is legally responsible for carrying out the instructions in a person's will and handling their estate.

However, in at least two cases, Mr Hiller seems to have ignored the instructions he was given. One client was surprised when I told her that the will he had drawn up for her split her estate between four charities - including one she had never heard of.

Another client told me he had not seen a copy of a will Mr Hiller had drawn up for him, and did not understand its contents.

Valerie in Borehamwood also appointed Mr Hiller as attorney and executor of her will. After she died in 2022, it emerged that her family had been left out of her will and her entire estate - estimated at about £220,000 - was left to a police charity.

Her brother and sister-in-law, John and Kaye, live in Australia and were not well-placed to challenge the will. The fact that family members were no longer beneficiaries also meant they were not entitled to any financial information.

"We couldn't see how much [Ron Hiller] was charging for probate or how much he charged every year for being her power of attorney," Kaye told me.

Ann Stanyer, a leading lawyer in this field, told me that if an attorney is also the executor of a will, there is much less scope for proper scrutiny: "They can both operate the powers of attorney during their lifetime and take fees through that, but they can then take big fees from the estate as well."


Craybeck Law said that the firm was governed by the Solicitors Regulation Authority's (SRA) rules and principles, including strict conduct and ethical guidelines that it upheld.

It said that much of what had been put to it was inaccurate and based on second- or third-hand hearsay and that it fully refuted the insinuations made about the way it supported its clients.

The SRA has now confirmed it is looking into allegations made in this article.

Moving on

Carole has now moved out of the care home in Rickmansworth, and into a small flat in Folkestone near her cousin Sandy.

She has the added work and expense of buying all the basics for her new home, because Ron Hiller disposed of all her furniture and most of her possessions.

However, she is happy to be making a fresh start.


Her story, and the others in this article, were only a few of those I heard about Ron Hiller. He has acted as attorney for scores of people - a fact that Ann Stanyer finds odd.

"You've got to run [LPA] properly and you can't possibly do that if you've got volumes of these things," she says. "I have four or five which are active and that's more than enough."

The Office of the Public Guardian doesn't appear to track when an attorney has an unusually large number of clients. A former senior judge at the Court of Protection, Denzil Lush, is concerned that the OPG is not designed to spot potential problems with the system.

For instance, if an attorney's powers are revoked by more than one of their clients, the OPG does not automatically look at why this is happening.

The issue has caught the attention of Parliament - a private members bill, which has gone to its second reading, proposes greater safeguards.

Many MPs feel it is an urgent problem because of the sheer numbers involved. More than eight million people in England and Wales have now registered an attorney to act for them.

The system was designed to protect elderly and vulnerable people, but the danger is that without better safeguards, it could be leaving them open to harm.

Full Article & Source:
Bank accounts locked and cash withdrawn after elderly gave power to law firm partner

Friday, April 5, 2024

Public Guardian of Contra Costa County sues K.Y. for establishing a conservatorship under the Lanterman-Petris-Short Act


By Northern California Record

In the Court of Appeal of the State of California, First Appellate District, Division Four, a case was filed on March 20, 2024. The case involves K.Y., the objector and appellant, and the Public Guardian of Contra Costa County, the petitioner and respondent. The court case ID is A166825 and it concerns an appeal from an order granting the petition of the Public Guardian to establish a conservatorship for K.Y. under the Lanterman-Petris-Short Act (LPS Act).

K.Y. contested the jury's finding that she is gravely disabled and challenged the court's order allowing the Public Guardian to make medical decisions on her behalf. She also alleged that the trial court made an error in admitting hearsay statements contained within psychiatric records at trial.

The trial court had appointed the Public Guardian as K.Y.'s conservator on December 9, 2022, after a jury found her to be gravely disabled. This empowered the Public Guardian to make medical decisions on her behalf and placed K.Y. in a board and care facility.

K.Y. is seeking to overturn this decision, arguing that there was insufficient evidence for her classification as gravely disabled and challenging the court's right to allow another party to make medical decisions for her. However, since her one-year conservatorship period has already expired before briefing was complete, her appeal has been dismissed as moot by the court.

Full Article & Source:
Public Guardian of Contra Costa County sues K.Y. for establishing a conservatorship under the Lanterman-Petris-Short Act

Wednesday, October 4, 2023

Probate Court Cases Illustrate Illinois’ Broken Adult Protection System


By David Jackson

In 2015, the Cook County Public Guardian sent a blistering letter to Catholic Charities, one of about 40 Illinois Adult Protective Services contractors.

The state-contracted nonprofit was dropping the ball on protecting older adults from financial predators, the letter alleged. After victims lost their homes and money, they became wards of the state, putting control of their finances and care in probate court.

Quick and effective intervention by the APS could have prevented those catastrophic losses and enabled the victims to remain in their homes with support or in top-quality nursing facilities, the Public Guardian said.

Cases such as those continue to crop up in Cook County probate court.

Catholic Charities of the Archdiocese of Chicago said it could not address the specific cases, citing confidentiality. “Caring for those who seek assistance in their time of need is central to our mission. We will continue to strive to meet those needs with care and compassion,” a spokesperson for the agency said in an email.

Illinois is an outlier among states in contracting out its APS program to a cadre of often-underpaid and ill-equipped social service caseworkers, an Injustice Watch investigation found. They often lack the resources to conduct thorough investigations, build sustained relationships of trust with victims, recover stolen assets, or hold perpetrators accountable.

The case files underscore the persistent failures of Illinois’ APS program as FBI reports show seniors in the state were swindled out of a record $75.9 million last year, up from $5 million in 2014.

Here are a few examples:

>> Norma Czajkowski, 76, had a mental disability and was living alone on the North Side after the death of her husband. In 2015, she took in a basement renter who began to show up with her at a bank as she withdrew large sums. The bank alerted police and froze her account after she appeared with the renter and liquidated a $28,000 certificate of deposit and then withdrew $12,000 cash. She waved off help and caseworkers reported she was alert and oriented, then asked the bank to unfreeze her accounts.

The bank called the public guardian, which immediately sent in a psychiatrist who described the home as “putrid” and “unimaginable to live in,” with a stench that was obvious from the sidewalk outside. Czajkowski had no gas service, no edible food, no running toilets, extensive cat urine and feces, rotting food throughout the home, and hoarded objects stacked to the ceiling, court papers show. She was hospitalized and moved into a senior living center, where she died in 2020.

>> Jessica Motto, 91, was living alone with dementia in 2015, when a family member called the public guardian and alleged Motto was being financially exploited by a home-care provider. The social service agency was already investigating the case but concluded the woman’s physical care was excellent and no intervention was necessary, according to the Cook County Public Guardian.

The guardian later determined the home-care provider had drained Motto’s accounts of $300,000 to pay for jewelry, clothes, plane tickets, and furniture. The home was filthy and stuffed with belongings, and neighbors told the guardian the home-care provider frequently left the woman alone, including one incident when she fell and was crying out for help.

>> The family of a 73-year-old retired janitor alerted Chicago police to his alleged financial exploitation in 2021. The widower, who had no children, had a neurocognitive disorder, court records show. A woman with a criminal history in Texas, Missouri, and Illinois encountered the man while he was stopped in traffic at a red light and convinced him they were already acquainted. She said she needed help for her grandchildren. He told the APS he believed her because “I am getting old and forget peoples’ names sometimes,” government records show.

Agency caseworkers substantiated allegations the woman financially exploited the 73-year-old, and he made his own separate report to local police. But the abuse continued as he made bank withdrawals totaling $67,500. At one point, the alleged perpetrator crashed his missing 2004 Ford Mustang while carrying $9,757 in cash, court records show. She also had his cellphone, making it difficult for him to contact his family and the APS investigators. No criminal charges were brought.

Full Article & Source:
Probate Court Cases Illustrate Illinois’ Broken Adult Protection System

Sunday, November 15, 2020

Lincoln Park nursing home seeks gag order on public guardian about 99-year-old allegedly bilked of $750,000


Grace Watanabe, who has dementia and no living relatives, was moved to another nursing home in 2018 by Cook County Public Guardian Charles Golbert.
 
By Mitch Dudek

The owners of a Lincoln Park nursing home who are facing a lawsuit over employees who allegedly stole $750,000 from a 99-year-old woman are seeking to bar her court-appointed guardian from talking to the media.

Owners of Symphony Residences of Lincoln Park contend such communications between Cook County Public Guardian Charles Golbert and reporters could taint a jury pool.

Golbert took emergency custody of Grace Watanabe, who has dementia, and removed her from the nursing home in 2018 after the alleged theft came to light. A civil lawsuit he filed on her behalf seeking to recover the money is pending.

While not accused of taking part in the theft, the lawsuit alleges nursing home executives were aware of it and didn’t report it to law enforcement.

The motion, filed in September, points to a Chicago Sun-Times story published in September 2019 in which Golbert accused the owners of the nursing home of attempting to delay litigation by refusing to sit for depositions.

“It’s not clear how much longer she’ll be with us,” Golbert said in the article. “And I think they’re hoping they’ll get off the hook if she dies because as long as she’s alive, they know 100 percent that I’ll be going after them aggressively.”

Symphony Residences in Lincoln Park
Symphony Residences in Lincoln Park
Pat Nabong/Sun-Times

The nursing home contends Golbert’s accusations are “far from complete, accurate, and fair, as they omit, among other things, that settlement discussions have been ongoing since before suit was filed.”

Since the article was published, the motion said, “a number of negative reviews and comments regarding the contents of this article have been left on the defendant’s professional sites, including Facebook, Yelp!, and Google reviews.”

On Tuesday, Natalie Bauer Luce, a spokeswoman for Symphony, said in an email: “Our motion seeks to ensure that this matter is decided in a court of law, not in the court of public opinion as false and inflammatory comments intending to eliminate any possibility of impartiality in this case have been issued regularly. This motion is simply seeking to redirect these assertions to the appropriate venue.”

Golbert filed a response Tuesday contending Symphony executives were trying to unconstitutionally silence him “from shining light on the neglect and financial abuse.”

Golbert separately told the Sun-Times the attempted legal maneuver was “offensive, outrageous, repugnant and an assault on free speech.”

“The public has a right to know which nursing homes are good and which ones are miserable and dangerous,” he said.

Watanabe’s money — allegedly stolen by several Symphony employees through forged checks and by using her ATM card — was spent on jewelry, travel, ride-hailing services and fast food, according to Golbert.

Watanabe has no living relatives and should she die before the conclusion of the civil suit, the beneficiaries of her will — Misericordia and Mercy Home for Boys & Girls — could step in as complainants, Golbert said.

Watanabe was born in Santa Cruz, California, in 1921 and was held in the Poston internment camp from 1942 to 1946 during World War II. After her release, she earned a bachelor’s degree in English from the University of Illinois in Chicago.

“She’s currently at another nursing home where she’s safe and doing well,” Golbert said.

 
Full Article & Source:
 
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Tuesday, June 2, 2020

Public guardians of Carroll County’s older adults adjust approach, even as COVID-19 infects clients

By Mary Grace Keller

Older adults are among those most vulnerable to COVID-19, so the Carroll County Adult Public Guardianship Program has adapted its practices throughout the pandemic to ensure its clients are cared for and kept safe.

A public guardian can be appointed by the court when a person is not able to make everyday decisions and/or handle their finances because of a disease or disabling condition, according to the county website. A guardian’s duties may include case management, arranging funerals, attending court hearings, and communicating with hospitals, long-term care ombudsmen and the local health department.

At the helm of the county’s program is coordinator Becca Claycomb. The program currently cares for more than 25 older adults, though they have served as many as 40 this year, she said. About half of the program’s current clients have tested positive for COVID-19, the disease caused by the novel coronavirus, according to Celene Steckel, director of the Department of Citizen Services.

Of the Adult Public Guardianship Program’s clients, 12 have tested positive for COVID-19, seven of them have recovered and one died as of Friday, Steckel said.

Clients of the guardianship program may live in nursing homes or other long-term care facilities, which have been hit especially hard by the pandemic of COVID-19. As of Monday, 515 of the county’s 932 cases were found in congregate living facilities, according to Carroll County Health Department. Eighty-eight of the county’s 97 fatalities occurred in such places.

Claycomb’s role is to ensure clients receive all benefits available to them, many of which fall under the Bureau of Aging and Disabilities.

“The majority of the clients served have been diagnosed with dementia at varying stages,” Claycomb wrote in an email. “The guardianship clients typically present with different medical and psychiatric diagnoses ranging in severity.”

To keep their clients safe, guardians have adapted to video chats and conference calls to stay in contact with those they serve.

Typically, guardians would see clients face-to-face at least every six to eight weeks, according to Claycomb, though she said visits usually occurred more often. Now, guardians are staying in touch with clients via video calls such as FaceTime, participating in telehealth appointments, and getting care updates from facility and medical staff, she said.

Court hearings have been postponed since local courts closed to the public except for emergency proceedings, but emergency guardianship petitions are still being processed, Claycomb wrote.

She said it is unlikely staff will see their clients in person until the third stage of the governor’s reopening plan.

“Our clients make up some of the most vulnerable individuals within the county and we do not want to risk exposing them to the virus,” Claycomb wrote.

Referrals for guardianship typically come to the Bureau of Aging and Disabilities from assisted living facilities, skilled nursing facilities, state and local hospitals, and the local Department of Social Services, according to Claycomb. There has been a steady increase in referrals and petitions in the past few years, Claycomb said, and she expects the number to become larger as the older adult population grows.

“We appreciate the community supporting our mission as we attempt to come up with creative ways to serve older adults in Carroll County,” Claycomb wrote. “We encourage the community to continue spreading positivity and doing small acts of kindness to remind others that we are all in this together.”

Full Article & Source:
Public guardians of Carroll County’s older adults adjust approach, even as COVID-19 infects clients

Tuesday, July 2, 2019

Mother questions retaliation after advocating for son with developmental disabilities

Pam Dahl is the mother of Derrick Dahl, a 36-year-old man with developmental disabilities who lives in a group home in Medford. Beth Nakamura/Staff

The mother of a man with developmental disabilities, whose story of advocacy was recently published in The Oregonian/OregonLive, is now questioning if she’s facing retribution for challenging the care her son receives.

A visit with her son Thursday was cut short, Pam Dahl said, when a worker complained she badmouthed the company that runs the southern Oregon group home where he lives.

Then, on Monday, a Jackson County employee pushed to find a public guardian for Derrick Dahl, according to an email reviewed by The Oregonian/OregonLive.

Someone other than Pam Dahl should serve as a guardian, the government employee wrote in the email, because of the mother’s inconsistent contact with her son and the “disruptive nature” of her visits.

The story of Pam Dahl and her son was published a month ago as an example of the difficulties facing parents with developmentally disabled adult children and flaws in Oregon’s system that cares for them. Derrick Dahl’s caregiving team and his doctors came under scrutiny after Pam Dahl fought for specialized medical advice after learning about her son’s health issues.

Pam Dahl said she wasn’t disruptive in her visit last week but instead questioned if her son would be better-served at a different group home operated by the same company. Derrick Dahl, 36, has required medical attention for two recent falls, she said, leaving him with a concussion and a split lip.

Just days later, Pam Dahl discovered a county worker pushing to officially hand decision-making power to someone else, a move that could limit her input.

The government employee didn’t contact Pam Dahl before making the recommendation to identify a guardian, the mother said.

“I don’t think that I should be cut out of his life, and that’s what it makes me feel like,” said Pam Dahl, 55. She chose not to become her son’s guardian when he became an adult but remained involved in his life, visiting from her home several hours away.

Alternative Services-Oregon, the group home operator, denies any retribution toward Pam Dahl. Jackson County officials didn’t respond to requests for comment Tuesday.

Oregon’s Office of Developmental Disabilities Services did not immediately respond to questions about Pam Dahl’s allegations or whether the state would review the matter.

“Anyone with a concern about services can file a complaint,” an agency spokeswoman said, adding that the mother could still seek guardianship to determine where her son lives.

The state of Oregon operates a public guardianship program only as last resort. Instead of tapping a family member or professional guardian to serve in that role, a guardian from the Oregon Public Guardian and Conservator Program would make decisions for an individual.

“Guardianship is one of the most severe restrictions on a person’s right to self-determination and should never be considered lightly,” according to the agency’s website.

Chris Rosin, appointed the Oregon public guardian and conservator, in February said his office served as guardian for just 55 adults statewide, 11 of whom have intellectual or developmental disabilities.

Pam and Derrick Dahl were featured in a front-page investigation by The Oregonian/OregonLive in May examining Oregon’s flawed system for people with developmental disabilities who cannot make medical decisions and who lack legal guardians.

In such cases, medical decisions are made by an appointed health care representative with approval by a team of caregivers, service coordinators or family members.

In 2017, doctors at Providence Medical Group evaluated Derrick Dahl and identified a mass that was “concerning” for a sarcoma, a cancerous tumor, records show. But he wasn’t immediately seen by a cancer specialist.

Pam Dahl pushed for Derrick’s care team to obtain an opinion from a specialist in 2018, leading to surgery at OHSU’s Knight Cancer Institute and the revelation that the tumor apparently was not cancerous.

Pam Dahl’s decision to publicly share her son’s cancer scare exposed simmering tension with Alternative Services, the group home operator, which began years ago, according to a former employee.

The company’s executive director, Pat Allen-Sleeman, initially responded to newsroom inquiries about Derrick Dahl’s medical care from 2017 and 2018 by saying “there is really no story here to tell, except misinformation, a dramatic self-serving version and an inaccurate and harmful story.”

Pam Dahl said interactions with Alternative Services have gone downhill since the story’s publication. A visit Thursday with her son ended when a company employee asked her to leave, she said.

Pam Dahl said she questioned caregivers at the group home about her son’s injuries and said she would like him to move to a different group home, also operated by Alternative Services, where he lived until early 2018.

One of the caregivers called a supervisor and then handed over the phone.

“She said, ‘You’re going to have to leave,’” Pam Dahl said of her conversation with the supervisor. “‘We can’t have you badmouthing the company to other employees.’”

Pam Dahl said she questioned how she could be badmouthing the company when she was advocating for him to move to a different home operated by Alternative Services.

“There was no reason to ask me to leave,” Pam Dahl said. “I was stunned.”

Allen-Sleeman, the company’s executive director, said Pam Dahl was told “she should not be speaking badly about ASI to our staff, and that if she couldn’t calm down, she would be asked to leave.”

Pam Dahl asked the employees if she was being disruptive, and, when told she was, flipped the phone back to them and left, Allen-Sleeman said.

On Monday, Derrick Dahl’s services coordinator at Jackson County proposed the need to find Derrick Dahl a public guardian, according to an email Pam Dahl shared with The Oregonian/OregonLive.

Melissa Walker wrote that she received a few calls and emails about Thursday’s incident. It was her “understanding” that Pam Dahl wanted her son to move to a different group home, Walker wrote, but Pam Dahl “cannot dictate” where her son lives because she is not his guardian.

“Because of the disruptive nature of Pam’s visits and the inconsistency of her contact with Derrick, I don’t feel she would be the best guardian for him, hence my proposal of a public guardian,” Walker wrote.

Pam Dahl acknowledges that she hasn’t been consistent in her visits but disputes that she was disruptive. Pam Dahl said she didn’t speak with Walker before Walker proposed a guardian.
Neither Walker nor her boss, Rick Hammel, responded to requests for comment Tuesday.

Last week’s incident was only the latest hint of friction between Pam Dahl and Alternative Services, according to a former employee at the company.

Jamie Gregory said she was the manager at the group home where Derrick Dahl lived until April 2018. Gregory told The Oregonian/OregonLive that she remembered hearing disparaging comments about Pam Dahl and being instructed to withhold information from the mother after she learned about her son’s tumor that spring.

Around the same time Alternative Services moved Derrick Dahl to a different group home operated by the company, a move Gregory said she vocally opposed. Gregory said she was fired shortly after, which she attributes in part to speaking up for Derrick Dahl.

“If Derrick could voice his own opinion, he would not agree with the move either,” Gregory told the newsroom.

Allen-Sleeman said the program manager who allegedly made disparaging comments is on vacation and unable to respond. Allen-Sleeman said she could not comment on a former employee’s “performance issues” but said Gregory’s statements are “very questionable.”

“A disgruntled ex-employee is not a credible reporter in my estimation,” she said. “But of course that makes a better story than the actuality of what really occurred.”

It’s not clear who may make decisions for Derrick Dahl going forward.

Walker’s recommendation Monday was emailed to a Jackson County employee, Allen-Sleeman, three other Alternative Services staff members and one former company employee, who serves as Derrick Dahl’s unpaid health care representative.

Allen-Sleeman said every member of Derrick Dahl’s care team agreed he should have a public guardian.

Pam Dahl hasn’t responded to the email.

Pam Dahl said she would be interested in becoming her son’s guardian if he moved to Eugene, Corvallis or Salem. Those cities are closer to her home on the Oregon coast and would allow her to be more involved, she said.

Pam Dahl said she thinks she needs a lawyer but isn’t sure who to contact for help.

“I feel like I’m on one side against all of them,” she said, “and I need someone to represent me.”

-- Brad Schmidt

Full Article & Source:
Mother questions retaliation after advocating for son with developmental disabilities

Friday, June 28, 2019

Cook County Public Guardian Wants To Know Why Kim Foxx Has Not Brought Charges In Case Of Swindled Nursing Home Resident

by Dana Kozlov
CHICAGO (CBS) — Cook County’s public guardian says a 98-year-old woman was preyed upon by nursing home employees paid to take care of her.

He’s still fighting to get her life savings back, but almost a year later, many involved in her case also wonder why no criminal charges have been filed.

A civil case will return to court Wednesday, and attorneys say the evidence she was bilked of almost $1 million is strong.

But they say there’s been nothing from Cook County State’s Attorney Kim Foxx when it comes to criminal charges, and they’re frustrated.

“She needs to get her money back, and she needs to know that the perpetrators have been charged criminally,” said Cook County Public Guardian Charles Golbert.

Golbert is in the midst of a 10-month battle on behalf of 98-year-old Grace Watanabe. He’s been fighting to get her $700,000 back from now ex-employees of Lincoln Park’s Symphony Residences and the facility itself since filing the civil lawsuit in September.

“This was a financial theft of large proportions,” says private attorney Steve Levin.

Levin has joined that fight. The lawsuit alleges six former Symphony employees forged checks and used other means to swindle Watanabe, who has dementia, out of her life savings.

Both Golbert and Levin say every person they’ve deposed has taken the Fifth Amendment, including Symphony Residences’ current executive director.

“Who’s investigating what happened if the executive director is taking the Fifth Amendment? Who’s investigating the facility’s point of view?” asked Levin.

Then there’s the criminal case. Golbert says he gave all of his evidence to a Chicago police financial crimes detective months ago.

“And he’s completed his investigation and waiting for the OK from the state’s attorney … to charge,” said Golbert.

Golbert even wrote Cook County State’s Attorney Kim Foxx a detailed letter about Watanabe’s case on May 17.

All he’s gotten is silence from Foxx’s office.

“I’m very disappointed that I have heard nothing from the state’s attorney’s office about bringing these individuals who stole money from somebody with dementia to justice,” said Golbert.

The lack of criminal charges also concerns Chicago’s Japanese American community who have been closely following Watanabe’s case, attending court hearings and even visiting her at her new facility.

“I think it’s important for us to be visible on this,” said Bill Yoshino of the Japanese American Citzens League. “That’s one of the questions we have on our minds, is what, if anything, the state’s attorney’s office is going to do in this case.”

Spokespeople for both the state’s attorney and Chicago police say the investigation is ongoing, adding there is no hold up.

Symphony Residences issued the following statement:
“The safety and well-being of our residents is our utmost concern. Upon learning of the incident involving Ms. Wantanabe, we immediately notified law enforcement authorities to investigate and seek restitution for Ms. Watanabe, and we are cooperating with those agencies. We require our team members perform their duties with the highest standards and ethical integrity. The employees involved in this matter are no longer employed at this facility, and we have conducted extensive retraining for the remaining staff on compliance standards and company policies related to residents’ rights, procedures for suspected cases of theft, and rules on accepting gifts from residents and their families, which is strictly prohibited. We will continue to work with law enforcement, and we remain committed to ensuring safeguards are in place to prevent an incident like this from happening again.”
Full Article & Source:
Cook County Public Guardian Wants To Know Why Kim Foxx Has Not Brought Charges In Case Of Swindled Nursing Home Resident