Property Manager for Senior Residential Buildings Pleads Guilty to Financial Exploitation of Two Elderly District Residents

Department of Justice

U.S. Attorney’s Office

District of Columbia

---

FOR IMMEDIATE RELEASE

Wednesday, August 2, 2023

Property Manager for Senior Residential Buildings Pleads Guilty to Financial Exploitation of Two Elderly District Residents

            WASHINGTON – Nicole Freeman Smith, 51, of Upper Marlboro, Maryland, pleaded guilty today in Superior Court to one felony count and one misdemeanor count of financial exploitation of a vulnerable adult or elderly person (FEVA) for stealing more than $133,000 from two elderly District residents suffering from cognitive impairment. The plea was announced by U.S. Attorney Matthew M. Graves, D.C. Attorney General Brian L. Schwalb, and Special Agent in Charge Shawn Rice, of the U.S. Department of Housing and Urban Development Office of Inspector General.

            According to court documents, Smith, who worked as a property manager at several residential buildings for seniors in Washington, D.C., targeted vulnerable building residents to steal thousands of dollars from their accounts and other sources of income after befriending them and gaining their trust. After unduly influencing one victim to provide Smith with access to her financial account information, Smith stole over $94,000 from the victim’s accounts, and attempted to steal $25,000 more. Smith used the stolen funds to pay for personal expenses, including paying off credit card and utility bills, back taxes, and multiple auto loans. Smith further stole more than $38,000 from a second victim, depositing two of the victim’s personal injury settlement checks in Smith’s bank account and keeping the money for herself.

            The Honorable Lynn Leibovitz accepted Smith’s guilty plea and scheduled sentencing for September 29, 2023. As part of her plea, Smith agreed to pay restitution to the victims and will be prohibited from working or volunteering with elderly or vulnerable adults. 

            This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.

            In announcing the guilty plea, U.S. Attorney Graves, D.C. Attorney General Schwalb, and Special Agent in Charge Rice commended the work of those who investigated the case from HUD-OIG. They also cited the efforts of Assistant U.S. Attorney Benjamin D. Bleiberg, and former Special Assistant U.S. Attorney Nina Torabzadeh, on detail from the Office of the Attorney General to prosecute financial crimes cases involving elderly victims, who investigated and prosecuted the matter.

Source:
Property Manager for Senior Residential Buildings Pleads Guilty to Financial Exploitation of Two Elderly District Residents

Bankruptcy lawyer disbarred after sanctions in 30 cases

By Mike Scarcella

REUTERS/Kevin Lamarque

(Reuters) - A bankruptcy lawyer who had been sanctioned in courts at least 30 times has agreed to disbarment in Washington, D.C., following a related penalty in Florida last month.

Sam Babbs III consented to disbarment in Washington over misconduct allegations that included misusing advance funds from clients and practicing law in states where he was not licensed. The District of Columbia Board on Professional Responsibility this week recommended that the city's highest court, which oversees attorney misconduct, impose the sanction.

His disbarment would be effective on April 11, giving him a window, bar regulators said, to wind down his practice. He has been a member of the D.C. bar since 2009.

In a separate action, the Florida Supreme Court last month revoked his license to practice for at least five years. The D.C. bar's disciplinary office said some of the matters it was investigating were the same as complaints lodged against him in Florida.

Babbs, whose work focused on bankruptcy matters involving individuals and families, told Reuters on Wednesday that he has no interest in practicing bankruptcy law again and decided not to fight the claims.

"You have to know when to hold them and when to fold them," he said.

He said he will have the ability in both jurisdictions to reapply to the bar. Babbs said his business model, where he tried to build and maintain a national practice relying on local counsel, came about from "bad advice."

The D.C. bar's disciplinary office was investigating a referral from the U.S. Trustee Program, the U.S. Justice Department's bankruptcy watchdog.

"In at least 30 cases, the bankruptcy courts have sanctioned me for engaging in the unauthorized practice of law, charging unreasonable fees and violating the Bankruptcy Rules including for not making required disclosures," Babbs told the D.C. bar's discipline team.

Bankruptcy courts in some instances blocked Babbs from making further appearances and also ordered him to disgorge the fees he had received from clients.

The D.C. bar's disciplinary office on Wednesday declined to comment.

The case is In the Matter of Sam Babbs III, D.C. Board on Professional Responsibility, Disciplinary Docket 2021-D142, et al.

Full Article & Source:

Bankruptcy lawyer disbarred after sanctions in 30 cases 

National Guardianship Network Calls for Reforms to U.S. Guardianship System

For Immediate Release
06/24/2021

Contact: David Card
202.408.9514 x122
press@ndrn.org

WASHINGTON, DC – During the week of May 10, 2021, the National Guardianship Network, with the support of the State Justice Institute, the Borchard Foundation Center on Law and Aging, and the Syracuse University College of Law, brought together 125 advocates, family guardians, judges, lawyers, scholars, and other stakeholders for the Fourth National Guardianship Summit. These participants gathered virtually for four days to discuss the current state of the nation’s adult guardianship system and develop recommendations for reform and improvement around the theme of maximizing autonomy and ensuring accountability.

At the conclusion of the summit, delegates approved 22 final recommendations to improve and reform the adult guardianship system in the United States.

Six working groups convened during the week to address the rights of persons subject to guardianship; supporting decision-making; limited guardianship, protective arrangements, and diverting guardianship pipelines; rethinking monitoring and addressing abuse by guardians; fiduciary responsibilities and tensions; and developing guardianship court improvement programs.

On the final day of the summit, participants discussed, debated, and amended the recommendations offered by the working groups. Seventy-five summit participants serving as delegates for National Guardianship Network members and other sponsoring organizations then voted to adopt the recommendations developed by each working group.

The National Guardianship Network hopes the recommendations will guide reform efforts in the states, along with federal support, to improve oversight and accountability of guardian system, and reduce many unnecessary and overly broad guardianships. The National Guardianship Network members will take steps to assist its members and other organizations work to achieve the recommendations over the coming month and years.

# # #

The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States.

 

Full Article & Source:

National Guardianship Network Calls for Reforms to U.S. Guardianship System

Maryland man financially exploited the elderly

by Kristen Harrison-Oneal

 

WASHINGTON D.C. – Thornton Fennell, 56, was indicted on October 26, 2020, and arrested on December 5, 2020, on charges involving the financial exploitation of two elderly District residents.

The announcement was made by Acting U.S. Attorney Michael R. Sherwin; Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Karl Racine, Attorney General for the District of Columbia.

The indictment charged Fennell with three counts of Financial Exploitation of an Elderly Person (FEVA) and ten counts of First Degree Theft of a Senior Citizen.  The charges involve fraudulently obtaining funds from two different elderly victims as well as using intimidation, deception, and undue influence to cause an elderly victim to take on a reverse mortgage for the benefit of another person.  The theft charges involved $4,308 from one victim and $63,600 from the other.

An indictment is merely a finding of probable cause by the grand jury.  All criminal defendants are presumed innocent until proven guilty.

This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.

In announcing the indictment and arrest, Acting U.S. Attorney Sherwin, Chief Newsham, and Attorney General Racine commended the work of those who investigated the cases from the District of Columbia’s Office of the Attorney General and MPD. They also cited the efforts of Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, and Assistant United States Attorney Chimnomnso Kalu, who investigated and are prosecuting the case for the U.S. Attorney’s Office for the District of Columbia with support from Paralegal Specialist Chad D. Byron.

Full Article & Source:

Maryland man financially exploited the elderly

Nevada guardianship reform goes to Washington

LAS VEGAS (KTNV) — Our reporting is driving change to protect people from serious crimes.

13 Investigates has revealed exploitation of our most vulnerable citizens in a years-long special report on horrific abuse in the guardianship system.

Now we follow the story as it goes to our nation's capital.

"Guardianship abuse hit many in Nevada. It destroyed the lives of countless individuals, depriving them of their liberty, their right to see their family and their assets," says Barbara Buckley, Executive Director for Legal Aid Center of Southern Nevada.

The stories we filed, beginning in 2015, about cases of theft and exploitation is leading to major reform in how we care for the vulnerable.

Buckley took Nevada's experience to the nation's top-level lawmakers. In a hearing before the Senate Special Committee on Aging she talked of the crimes committed against elderly and disabled adults in Nevada, all under court approval...

"Guardians were being appointed without notice often when there was no real need for a guardian," Buckley told senators. "The court bypassed family members to appoint professional guardians or others who proceeded to loot the estate and then isolate the individual from loved their loved ones."

Many of the victims told us they felt the system was rigged against families. Senator Richard Blumenthal from Connecticut questions the judges assigned to guardianship cases.

"And these judges are essentially beyond any oversight and very often they have their own fiefdoms. Literally; their own private kingdoms. They make a ton of money," Sen. Blumenthal said.

Buckley told the senators about three key areas of reform in Nevada's guardianship system that were implemented in the wake of our investigation. Ideas that could help protect seniors in the future, like the right to have an attorney.

"The goal of counsel is to ensure that the least restrictive alternative to guardianship is the first thing examined," Buckley said. "So as to maximize the independence and legal rights of those who are facing guardianship. To provide a voice in court proceedings for those who want to contest a guardianship either because it's unnecessary or because the guardian is abusing their power."

The second piece of reform is creating a Bill of Rights for protected persons that would end the previous lack of consideration for those under guardianship.

"In Nevada, like many other places, there seems to be almost a callous indifference about the rights of the individual under guardianship--where their opinion really didn't matter." Buckley explained.

"A person has the right to be treated with dignity, respect, to be in the least restrictive environment, be represented by counsel. To not have their visitors restricted."

The third plank, key to ongoing protection, a direct result of our investigation, is the creation of the Guardianship Compliance Office. 
 
"This office opened in January 2018 and provides auditing and investigative services to the district courts," Buckley said. "They may locate a protected person who is not where they are supposed to be. They may report on the appropriateness of the guardian and the care and treatment."

The senate just released this report called ensuring trust about the effort to overhaul guardianship.

And you can see the entire hearing by clicking here.

Full Article & Source:
Nevada guardianship reform goes to Washington

Senate panel looks to fund Alzheimer's research and resources

WASHINGTON – Public health leaders and caregivers coalesced Tuesday behind an effort to focus attention and funding on Alzheimer’s disease.

There was no dissent among the witnesses or the members of the Senate Special Committee on Aging about the need for more resources such as those called for in legislation introduced by U.S. Sens. Susan Collins, R-Maine, and Catherine Cortez Masto, D-Nevada.

Their bill would authorize $37 million annually to establish resource centers across the country, to enhance public-private partnerships, and to improve data collection on the incurable brain disease.

The Building Our Largest Dementia Infrastructure for Alzheimer’s Act – or BOLD Act – is an important step toward finding a cure, said U.S. Sen. Bob Casey of Pennsylvania, the committee’s ranking Democrat. He said the centers will particularly help rural Americans who need better access to resources.

Although there is no cure for Alzheimer’s, early diagnosis and intervention can be cost-effective and can help patients and their caregivers live better lives, testified Pennsylvania Secretary of Aging Teresa Osborne.

Better investment will afford Alzheimer’s patients “the opportunity to age in place in the setting of their choice with their friends and family with the dignity and respect that they deserve,” she said.

She also asked Congress to fund training and resources for first responders who can assist disoriented Alzheimer’s patients like the one another witness described.

Cheryll Woods-Flowers of Mount Pleasant, S.C., whose father died of Alzheimer’s in February, said his diagnosis came at age 70, shortly after he disappeared from home. Seven hours later he was found hungry, lost and crying.

He lived 16 more years with the disease, said his daughter, who is grateful for the early diagnosis that gave her and her five siblings time to talk through decisions, understand his wishes and get him on medication that reduced the severity of his symptoms.

Actress Marcia Gay Harden, whose mother, Beverly, has Alzheimer’s disease, said coping would have been easier if the BOLD Act already were in place.

“I wish we’d had BOLD,” because it would have provided specific resources directing them where to turn for resources about everything from finances to dietary needs of patients.

“Alzheimer’s becomes a stealthy thief, robbing families of their finances and security and forcing its victims to live only in the moment,” she said because it causes memories to evaporate.

Witnesses said they want Congress to pass the BOLD Act along with additional investments in Alzheimer’s research and education.

The current year’s appropriation is $1.8 billion – an increase of $414 million over last year, according to Aging Committee staff. Mr. Casey would like to see that funding reach $2 billion.

“Alzheimer’s disease and related dementias are among the greatest public health challenges facing older Americans,” Mr. Casey said. “As our population ages, the number of people living with the disease and their caregivers will only grow.”

Full Article & Source:
Senate panel looks to fund Alzheimer's research and resources

This 87-year-old D.C. woman just made it easier for you to keep your independence

The 87-year-old wore a silk dress she had sewn herself. The bright blue fabric featuring yellow, turquoise and lavender flowers pulled at the eyes, and against it, the pale pink stones of her necklace seemed a conservative choice. But that’s not why she wore it.

With a smile, she explained that she had picked the beads less for the statement they made than for the promise they held.

“They’re supposed to help you get a boyfriend,” she said, laughing.

When the woman tells people she is not far from 90, they show genuine surprise. She has not yet let her hair turn white and she speaks with a well-earned wit. She also takes care of most of her needs by herself, getting dressed on her own, taking the right amount of medications as needed and making appointments that she gets to herself by using public transportation. She recently enrolled in a college class after deciding she wants to learn Italian.

Each of these details matters, because it speaks not only to her personality but also to her capabilities. Despite all that, she was deemed an “incapacitated individual” — unable to make choices for herself. But that changed this month.

The octogenarian is the first senior citizen in the District to convince a court to terminate a guardianship placed on her in favor of “supported decision-making.” She and her attorneys successfully argued that with help from people in her life, she could make her own decisions and did not need a court-appointed guardian to do that for her.

Guardianship is often associated with people who develop or are born with intellectual disabilities. But this case shows why it should matter to everyone. As we age, and the lucky among us will, we all risk losing what we value most: the ability to choose how we live.

Putting legal protections in place will ensure that we have to give that up only when it is absolutely necessary.

[Guardianship case in McLean illustrates lack of regulation for those caring for the elderly]

“I felt very annoyed by having someone else taking care of everything,” said the woman, who for privacy reasons spoke on the condition that she be identified only by her middle name, Dolores. “I am the boss. I can do whatever I need to do.”

Her case marks the first time that the District’s supported decision-making law, which was passed in May, has been cited in court to help a resident regain independence. Most of us have friends or relatives we turn to for advice. This is the same as that — but more. The D.C. law formalizes those relationships and requires institutions and organizations to recognize the role of people who serve in those supportive positions. The District is only the fourth jurisdiction in the country to pass the law, after Texas, Delaware and Wisconsin. (Virginia and Maryland — are you listening?)+

“You’re a pioneer in many ways,” Morgan Whitlatch, the legal director for Quality Trust for Individuals with Disabilities, which handled Dolores’s case, told her recently as we sat in her apartment in Northwest Washington. “You weren’t scared to fight.”

“I had to fight against everybody,” Dolores replied.

In 2015, Dolores was facing possible eviction from a subsidized senior building after falling behind on her rent, according to court documents. Her landlord agreed to work out a payment plan if she was assigned a guardian to help her with her finances, and so she agreed to one.

But once she regained financial stability, she asked her guardian to file a letter with the court saying she no longer needed him. When she realized he failed to do that, she went to the court on her own and wrote a complaint.

She also called AARP, and the organization directed her to Quality Trust.

Years earlier, Quality Trust had handled a case in which the stakes also involved an individual’s independence. A 29-year-old woman with Down syndrome named Margaret “Jenny” Hatch had fought in a Virginia court against a guardianship request by her parents. They wanted her to remain in a group home, supervised and protected. She wanted to move in with friends and continue working at a thrift shop they owned.

[Virginia woman with Down syndrome seeks power to live the way she wants]

When the judge denied her parents’ guardianship request in August 2013, Jenny cried and exclaimed, “Oh my God. I’m so happy to go home today. I deserve it. It’s over. My God, it’s over.”

Her lawyer, Jonathan Martinis, declared, “For anyone who has been told you can’t do something, you can’t make your own decisions, I give you Jenny Hatch — the rock that starts the avalanche.”

Dolores didn’t know it, but she was swept into that avalanche. Her case was handled through the Jenny Hatch Justice Project, which is run through Quality Trust and funded by the DC Bar Foundation to assist low-income District residents.

“For me, this is exciting because this is groundbreaking,” Whitlatch told Dolores that day at her apartment. “I hope this is going to transfer over to how we treat older adults. You being able to have this fight means maybe they won’t have to fight as hard.”

For Dolores, the court’s decision has simply meant she can now do what she has always done: take care of herself.

When she was 5 years old and growing up in South America, she said her parents used to put her on a train with her brothers, who were 4 and 6, and told her to watch them until they arrived at their grandparent’s house three hours away.

Later, when she moved to the United States, she worked for the State Department and then handled bilingual translations for several government agencies, including the Library of Congress and the Labor Department.

Dolores recognizes that she is not able to do everything alone now. But she said that for every problem she encounters, she knows whom to call. She has a person who helps her when she has health insurance issues and one who helps when she has medical questions. Recently, after someone stole her wallet, she knew exactly who could help her get a new Metro card.

“It makes you feel powerful to be in charge of your own life,” she said. “You can have a lot of help everywhere, but you are your own boss.”

Still, she said, she worries about the future, about whether one day she will be told that she can no longer live alone in her apartment.

She knows all too well what many of us, thankfully, have not yet had to learn — the suddenness with which life can change.

Full Article & Source:
This 87-year-old D.C. woman just made it easier for you to keep your independence

U.S. Pays Billions for ‘Assisted Living,’ but What Does It Get?

 A report provides the most detailed look to date at the role of assisted living in Medicaid, one of the nation’s largest health care programs. Credit Nam Y. Huh/Associated Press

WASHINGTON — Federal investigators say they have found huge gaps in the regulation of assisted living facilities, a shortfall that they say has potentially jeopardized the care of hundreds of thousands of people served by the booming industry.

The federal government lacks even basic information about the quality of assisted living services provided to low-income people on Medicaid, the Government Accountability Office, a nonpartisan investigative arm of Congress, says in a report to be issued on Sunday.

Billions of dollars in government spending is flowing to the industry even as it operates under a patchwork of vague standards and limited supervision by federal and state authorities. States reported spending more than $10 billion a year in federal and state funds for assisted living services for more than 330,000 Medicaid beneficiaries, an average of more than $30,000 a person, the Government Accountability Office found in a survey of states.

States are supposed to keep track of cases involving the abuse, neglect, exploitation or unexplained death of Medicaid beneficiaries in assisted living facilities. But, the report said, more than half of the states were unable to provide information on the number or nature of such cases.

Just 22 states were able to provide data on “critical incidents — cases of potential or actual harm.” In one year, those states reported a total of more than 22,900 incidents, including the physical, emotional or sexual abuse of residents.

Many of those people are “particularly vulnerable,” the report said, like older adults and people with physical or intellectual disabilities. More than a third of residents are believed to have Alzheimer’s or other forms of dementia.

The report provides the most detailed look to date at the role of assisted living in Medicaid, one of the nation’s largest health care programs. Titled “Improved Federal Oversight of Beneficiary Health and Welfare Is Needed,” it grew out of a two-year study requested by a bipartisan group of four senators.

Assisted living communities are intended to be a bridge between living at home and living in a nursing home. Residents can live in apartments or houses, with a high degree of independence, but can still receive help managing their medications and performing daily activities like bathing, dressing and eating.

Nothing in the report disputes the fact that some assisted living facilities provide high-quality, compassionate care.

The National Center for Assisted Living, a trade group for providers, said states already had “a robust oversight system” to ensure proper care for residents. In the last two years, it said, several states, including California, Oregon, Rhode Island and Virginia, have adopted laws to enhance licensing requirements and penalties for poor performance.

Senator Susan Collins of Maine was among the bipartisan group of senators who requested the government report. Credit Gabriella Demczuk for The New York Times

But the new report casts a harsh light on federal oversight, concluding that the Centers for Medicare and Medicaid Services has provided “unclear guidance” to states and done little to monitor their use of federal money for assisted living.

As a result, it said, the federal health care agency “cannot ensure states are meeting their commitments to protect the health and welfare of Medicaid beneficiaries receiving assisted living services, potentially jeopardizing their care.”

Congress has not established standards for assisted living facilities comparable to those for nursing homes. In 1987, Congress adopted a law that strengthened the protection of nursing home residents’ rights, imposed dozens of new requirements on homes and specified the services they must provide.

But assisted living facilities have largely escaped such scrutiny even though the Government Accountability Office says the demand for their services is likely to increase because of the aging of the population and increased life expectancy.

That potential has attracted investors. “Don’t miss out on the largest market growth in a generation!” says the website of an Arizona company, which adds that “residential assisted living is the explosive investment opportunity for the next 25 years.”

Carolyn Matthews, a spokeswoman for the company, the Residential Assisted Living Academy, said: “Unfortunately, there has been elderly abuse in this business. We are trying to change the industry so the elderly have better quality care and we are not warehousing them.”

The government report was requested by Senator Susan Collins of Maine, a Republican who is the chairwoman of the Special Committee on Aging; Senator Orrin G. Hatch of Utah, a Republican who is the chairman of the Finance Committee; and two Democratic senators, Claire McCaskill of Missouri and Elizabeth Warren of Massachusetts.

The Trump administration agreed with the auditors’ recommendation that federal officials should clarify the requirement for states to report on the abuse or neglect of people in assisted living facilities. The administration said it was studying whether additional reporting requirements might be needed.

“Although the federal government has comprehensive information on nursing homes providing Medicaid services, not much is known about Medicaid beneficiaries in assisted living facilities,” the report said.

Assisted living was not part of the original Medicaid program, but many states now cover it under waivers intended to encourage “home and community-based services” as an alternative to nursing homes and other institutions.

The report said that assisted living could potentially save money for Medicaid because it generally cost less than nursing home care. Under the most common type of waiver, Medicaid covers assisted living only for people who would be eligible for “an institutional level of care,” in a nursing home or hospital.

Full Article & Source:
U.S. Pays Billions for ‘Assisted Living,’ but What Does It Get?

7 ON YOUR SIDE: Losing everything at probate court

WASHINGTON (ABC7) — If you're not careful, an attorney might take control of everything you own, charge you hundreds of dollars an hour, and you or your family won't be able to fire them. If that sounds unfair, it happens every day at probate court.

“I had an apartment building down the street and they just sold that,” said Northeast Washington resident Reggie Battle.

A D.C. Probate judge assigned Battle an attorney to look after his property after an operation and hospitalization. After recovering, Battle says he found out his property was sold while mowing the grass around his apartment building.

"He said, ‘You don't have to cut it no more, because we already sold it for $500,000 and I still haven't got any money from it,’" recalled Battle.

In fact, probate attorneys are taking money from Battle's estate, all in the name of protecting him.

“I'm paying $325 an hour. Even phone calls. They charge me for phone calls and everything,” added Battle.

"No family, no citizen should go to probate court and lose their resources, lose their dignity and lose what they worked hard for. Probate court is supposed to help, not hurt,” said Battle’s neighbor and Advisory Neighborhood Commissioner Kathy Henderson.

Terri Jordan walked through her Southeast Washington home, thinking every day may be her last living there. The home actually belonged to her father before he died.

"There wasn't a will and we owe conservatorship fees, so they want to sell our house to pay for personal conservatorship fees,” said Jordan.

In a third and separate case, Teresa Washington regrets going to court seeking help to access her ill father's bank accounts.

"You have somebody come in there and just take over. Take over the homes. Take over everything,” said Washington.

7 On Your Side found probate attorneys charge families as much as $350 dollars an hour in D.C. It's not just for legal work. They can also charge $350 an hour for making calls to get other people to do work on getting a house ready to sell. It's all legal.

7 On Your Side asked probate attorneys working with the people we interviewed for this story to explain what's going on. Those attorneys declined. We also asked the probate judges to address the complaints coming to 7 On Your Side. They declined to go on camera.

A judicial source tells ABC7 News the court "struggles" with figuring out how much probate attorneys charge families and what work they can charge at a full rate. There's admittedly little oversight.

In fact, there's a lot not known about Probate. Ask the experts, from the American Bar Association: "Their estimate is 1.3 million adults subject to guardianship," said Erica Wood of the ABA. "We don't know because data in the guardianship system is very uneven. Very scant."

To the experts at the Government Accountability Office, which tried to uncover how many probate abuse complaints existed: “What is known about the extent of abuse? The bottom line is we know very little,” said GAO Director Kathryn Larin. “Knowing which types of abuse are most prevalent, knowing where the problems are located, we really just don't know the answers to those questions.”

Probate attorneys say the best way to avoid the problems of probate court is to set up a “living revocable trust.”

Daniel Ruttenberg of SmolenPlevy legal firm answers some viewer questions about what you can do to protect yourself in this extended interview:

Full Article & Source:
7 ON YOUR SIDE: Losing everything at probate court

Cornyn, Klobuchar Bill to Protect Seniors from Financial Exploitation Passes Senate

---

Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators

WASHINGTON – Today U.S. Senators John Cornyn (R-TX) and Amy Klobuchar (D-MN) announced that their bipartisan legislation to protect seniors from neglect and financial exploitation has passed the Senate. The Court-Appointed Guardian Accountability and Senior Protection Act would help crack down on elder abuse by strengthening oversight and accountability for guardians and conservators.

 

“This bill strengthens support for our nation’s senior citizens by ensuring they get the court-appointed care they need, while also protecting them from exploitation and fraud,” said Sen. Cornyn.  “I’m proud to join Sen. Klobuchar in standing up for enhanced oversight to ensure this critical program helps, not harms, America’s senior citizens.”

 

“While most court-appointed guardians and conservators are undoubtedly professional, caring, and law-abiding, there are some who use their position of power to exploit seniors,” Senator Klobuchar said. “This bipartisan legislation would strengthen oversight and accountability for those entrusted to with the well-being of seniors, and will protect those who are most vulnerable.” 

 

Cornyn and Klobuchar’s bipartisan legislation passed as part of the Elder Abuse Prevention and Prosecution Act. The Court-Appointed Guardian Accountability and Senior Protection Act makes courts eligible for an already existing program designed to protect seniors. Under the program, state courts would be able to apply for funding to assess the handling of proceedings relating to guardians and conservators, and then make the necessary improvements to their practices. For example, the courts could conduct background checks on potential guardians and conservators, or implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.

Full Article & Source:
Cornyn, Klobuchar Bill to Protect Seniors from Financial Exploitation Passes Senate

Senator Collins Chairs Aging Committee Hearing on Military Caregivers

At Senator Collins’ Invitation, Maine Veteran and Veteran Caregiver, Joe and Melanie Swoboda, Testified

Washington, D.C. - Today, U.S. Senator Susan Collins, the Chairman of the Senate Aging Committee, held a hearing focused on military caregivers, which featured experts, advocates, and veterans and their caregivers. In addition to bringing awareness to the challenges faced by military caregivers, the Committee unveiled a RAND Corporation report commissioned by the Elizabeth Dole Foundation on a blueprint to aid military caregivers going forward.

Military caregivers are individuals who provide informal care on a routine basis to veterans in need of regular assistance. There are more than 5.5 million military and veteran caregivers in the United States. These spouses, parents, friends and other loved ones transform their lives to provide daily, essential care for those who have protected and served our nation.

At Senator Collins’ invitation, retired Sergeant First Class Joseph Swoboda, and his wife and caregiver, Melanie, of Levant, Maine, testified about the difficulties faced by military caregivers and the essential support they need. A three-time combat veteran of Operation Iraqi Freedom, Swoboda medically retired from the military in 2013.

“Military caregivers—America’s heroes in plain clothes—enable veterans living with visible and invisible injuries to recover and remain involved with their communities. I am so impressed by the sacrifices Melanie and Joe have made, and their testimony today enhanced Congress’ understanding of the difficulties faced by military caregivers and their needs going forward.” said Senator Collins.

“In order to better serve our nation’s caregivers, I introduced the RAISE Family Caregivers Act and cosponsored the Military and Veteran Caregiver Services Improvement Act, and I look forward to seeing these bills signed into law. We must never forget our military caregivers, and we should do all that we can to support them.”

Melanie Swoboda, a Dole Foundation Fellow, testified about her experience being a military caregiver, noting her husband’s struggles upon retirement, “I knew he was struggling - he was home, but he had never really come back from Iraq,” said Mrs. Swoboda.

Eventually her husband was able to get treatment through caregiver support groups like the Dole Foundation. Mrs. Swoboda stressed the importance of programs like these, saying, “I love my husband, and I would absolutely care for him regardless, but having caregiver support programs in place is so important to me because for the first time in 20 years, I can breathe. I cannot imagine how much harder this would be without those programs—but I know millions of caregivers manage every single day.”

Senator Dole established the Elizabeth Dole Foundation to empower military caregivers - the spouses, mothers, fathers, siblings, and other loved ones caring for wounded, ill, and injured service members and veterans at home - and to recognize their service to our nation. Last September, as part of its efforts, the Foundation launched Hidden Heroes, a multifaceted campaign to expose the tremendous challenges and long-term needs faced by military caregivers and inspire fellow Americans to seek solutions.

Click HERE to read the RAND Corporation’s report

Witnesses for the hearing included:

Panel One

• Senator Elizabeth Dole, Founder, Elizabeth Dole Foundation
• Ryan Phillippe, Actor, Director, Writer, and Hidden Heroes Ambassador

Panel Two

• Terri Tanielian, M.A., Senior Behavioral Scientist, the RAND Corporation, Arlington, VA
• Melanie and Joe Swoboda (U.S. Army), Veteran Caregiver and Veteran, Levant, ME
• Mary Hahn and Thomas Ward (USMC), Veteran Caregiver and Veteran, Wilmington, NC
• Wanda and Samuel Ickes (U.S. Army), Veteran Caregiver and Veteran, Alum Bank, PA

Click HERE to read their testimonies.

Full Article & Source:
Senator Collins Chairs Aging Committee Hearing on Military Caregivers 

Experts tell Senate that aging in isolation a ‘silent killer’ for millions

W. Mark Clark, president of Pima Council on Aging

WASHINGTON – Mortality rates are higher among seniors who are aging in isolation, a “silent killer” that affects millions but goes mostly unnoticed, experts told a Senate committee Thursday.

Witnesses told the Senate Special Committee on Aging that an estimated 8 million older adults are affected by isolation, putting them at more risk for depression, dementia and mortality.

In Pima County, 46 percent of nearly 2,300 seniors surveyed last year cited social isolation as an issue of living alone, said W. Mark Clark, president of the Pima Council on Aging.

“While aging at home is cited as a top priority by a majority of older people, and doing so has both emotional and economic benefits, aging in place at home can also lead to isolation,” Clark said in his prepared testimony.

But until now, experts said, there has been little national focus on this “loneliness epidemic” – Sen. Susan Collins, R-Maine, the committee chairman, said Thursday’s hearing was the first by a congressional panel to focus on social isolation among seniors.

That isolation has caused some damaging effects for old people, said Brigham Young University professor Julianne Holt-Lunstad, who helped conduct a study that linked premature mortality to deficits in social interaction.

Holt-Lunstad said cumulative evidence from 148 different studies that included more than 300,000 participants, revealed that greater social connection is associated with a 50 percent drop in the risk of early death.

The influence social interaction has on mortality matches or sometimes succeeds that of smoking, obesity and air pollution, she said in her testimony.

“Being connected to others socially is widely considered a fundamental human need, crucial to both well-being and survival,” Holt-Lunstad said. “Yet, an increasing portion of the U.S. population now experiences isolation regularly.”

Clark said the findings come at a time when budgets of programs that can help connect seniors – programs like those under the Older Americans Act that helps fund Pima County’s Meals on Wheels – are facing spending cuts.

Both lawmakers and experts at the hearing recognized Meals on Wheels for its social as well as its nutritional benefits. For some senior citizens, they argued, losing that program means losing their only connection to the community outside their homes.

Clark said other reasons senior citizens may remain isolated is out of fear that if they request services they will be referred to a nursing home and lose the ability to keep living on their own.

Committee members from both sides of the aisle expressed support for further research on the problem, evidence that … the Senate committee is paying attention to this, and that makes us very pleased,” Clark said.

He offered several recommendations that he said were aimed at serving the social needs of aging adults without taking away their independence. Those included increasing funding for services like Meals on Wheels, promoting volunteer efforts that older adults can take part in and providing a wider array of affordable, accessible transportation options for senior citizens who may not be able to drive.

The goal, Clark said, is to reduce isolation and help get people into community activities that add purpose to their lives.

“The problem of social isolation is widespread and knows no race, gender, income or geographic boundaries,” he said in his prepared testimony. “Our willingness to respond and our desire to see greater awareness and resources deployed to address this … cannot be ignored.”

Full Article & Source:
Experts tell Senate that aging in isolation a ‘silent killer’ for millions

Arizonan Testifies At US Senate Committee On Aging And Isolation

Social isolation and loneliness can put older adults at risk for several chronic conditions. In fact, prolonged isolation is comparable to smoking 15 cigarettes a day, according to the AARP Foundation.

Thursday morning, members of the U.S. Senate Aging Committee started looking at ways to deal with this issue. One witness was from Arizona.

W. Mark Clark is the President and CEO of the Pima Council on Aging. He testified before the committee and talked about what factors contribute to social isolation and loneliness.

"People retiring from other states, move to communities like ours and leave behind their families, friends and support systems," Clark said. "We have become, in a very real sense, where the garage door is the front door."

Other challenges, he said, include: "Changes to mobility, cognitive ability or health status can cause an individual to hold back from previously enjoyed social activities. Older adults in rural areas who can no longer driver are at incredible risk of physical and social isolation unless transportation options are available."

Clark also said language barriers and acting as caregiver can lead to isolation.

Full Article & Source:
Arizonan Testifies At US Senate Committee On Aging And Isolation

2017 National Crime Victims' Service Awards - Joy Solomon, Esq.

Source:
2017 National Crime Victims' Service Awards - Joy Solomon, Esq.

"Choice is an Illusion" President Margaret Dore States Congress Must Reject DC Assisted Suicide/Euthanasia Act

Margaret Dore

Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide and euthanasia legalization efforts throughout the United States, and now in the United States Congress, made the following statement in connection with H. J. Resolution 27 in the House Oversight and Government Reform Committee.

"The resolution seeks to prevent DC Act 21-577 from going into effect," said Dore. "The Act is a deceptively written law that legalizes physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined." Dore stated, "The Act is a recipe for elder abuse, it applies to persons who have years or decades to live and purported oversight is a sham." Dore added, "The Act has national and international security implications."

A Recipe for Elder Abuse

Dore said, "The Act is stacked against the patient and a recipe for elder abuse." Dore elaborated, "The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in requesting the lethal dose. After that, no doctor, not even a witness, is required to be present at the death. Even if the patient struggled, who would know?"

"But, it gets worse," said Dore, "the death certificate is required to list a medical condition as the cause of death, which prevents prosecution." Dore explained, "The official cause of death is a medical condition (not murder) as a matter of law. For perpetrators, the death certificate is a 'stay out of jail free card.'"

Full Article and Source:
"Choice is an Illusion" President Margaret Dore States Congress Must Reject DC Assisted Suicide/Euthanasia Act

Senators Submit Senior Financial Protection Bill

A bill reintroduced in the Senate aims to make it easier for financial companies to report suspected financial exploitation of senior citizens.

Senators Susan Collins, R-Maine, and Claire McCaskill, D-Mo., introduced the Senior Safe Act of 2017 to combat fraud such as lottery scams, IRS impersonation and exploitation by caretakers, according to a press release from Collins’s office.

The legislation is aimed at protecting financial institutions from legal liability tied to privacy laws when reporting suspected financial abuse of seniors, as long as the firms adequately train their employees, according to the press release.

The bill is based on a Maine program involving cooperation between financial institutions, legal organizations and regulators aimed at educating financial services employees to prevent the potential financial abuse of seniors, according to the press release. That program trained “hundreds” of financial services employees and resulted in more seniors getting help, Jaye Martin, director of Maine’s Legal Services for the Elderly, said at a Senate Aging Committee hearing last year, according to Collins’s press release.

Collins and McCaskill first introduced their bill in October 2015, around the time Finra and the North American Securities Administrators Association introduced similar measures. This summer, the House of Representatives approved the Senior Safe Act. And Finra requested the SEC’s approval in October for a proposal to require financial institutions to make reasonable efforts in finding the contact information for a trusted person on each account. Finra’s proposal would also let firms put temporary holds on suspicious disbursements and alert the trusted person on those accounts.

Full Article & Source:
Senators Submit Senior Financial Protection Bill

Urgent: Will Congress Stop the Washington D.C. Assisted Suicide Law in Time? Write Now!

Nancy Valko, RN

Washington D.C. Mayor Muriel Bowser  quietly signed an assisted suicide bill into law on December 19, 2016 after a majority of the city council voted for it.

Under the U.S. Constitution, the Congress has exclusive legislative authority over the District of Columbia. Congress has just 30 legislative days to review a law of the District of Columbia once it is passed by the city government. Resolutions of disapproval must be passed by both houses and be signed by the president to block a D.C. law.

In a race against time, the first step  to block the assisted suicide law was taken January 12, 2017 by Sen. James Lankford (R-Okla.) who introduced introducing a resolution in the Senate that opposes D.C.’s  “Death With Dignity Act”.
A companion resolution was introduced in the House by Rep. Brad Wenstrup (R-Ohio) and Rep. Jason Chaffetz (R-Utah) also said that he would push to block the law.

COMPASSION AND CHOICES HAS ALREADY STARTED A LETTER WRITING CAMPAIGN TO LEGALIZE ASSISTED SUICIDE IN WASHINGTON, D.C.

In a message to assisted suicide supporters, Compassion and Choices claims that “more than 2400 supporters” have “sent more than 7,000 messages to members of Congress”.  The organization also emphasizes “the importance of including your personal testimony” as “often the most effective way to change the minds of lawmakers”.

HOW TO CONTACT YOUR CONGRESSMAN OR CONGRESSWOMAN TO OPPOSE  ASSISTED SUICIDE IN WASHINGTON, D.C.

The National Right to Life Committee has a website link   to “Nullify District of Columbia Assisted Suicide Law” to contact your Senators and a separate link to contact your House representative(s). Enter your zip code in the box provided and you will be taken to a list of your congresspersons and a form you fill out to send an email to those representatives or senators with your comments.

HOW TO WRITE COMMENTS

Keep your comments respectful  and address the points that most move you. If you have a personal story about why you are against assisted suicide, write it as clearly and concisely as possible.

PROBLEMS WITH THE ASSISTED SUICIDE BILL

While many legislators (as well as the public) are persuaded by the “safeguards” to support assisted suicide laws, the Washington D.C. bill has many of the same problems with “safeguards” that other assisted suicide bills have. (For example, see my blogs “The slippery Slope-Tactics in the Assisted Suicide Movement” and “Pain and ‘Choice’“.)

In the D.C. assisted suicide law, such problems include:

1.The extraordinary immunity protections against civil, criminal liability or professional  disciplinary actions for doctors who participate in “good faith compliance” with the law.

2. Protection from life or annuity insurance problems due to suicide (“Neither may a qualified patient’s at of ingesting a covered medication have an effect upon a life, health, accident, insurance, or annuity policy”)

3. Minimal reporting requirements and secrecy in public records (“The Department will generate and make available to the public an annual statistical record of information collected”) Emphasis added.

4. Require mental health evaluation only for the purpose of determining if the person is mentally capable to make the decision to end his or her life. (“‘Counseling’ means one or more consultations as necessary between a state licensed psychiatrist or psychologist  and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.”)

CONCLUSION

There are many reasons to oppose legalizing assisted suicide including risk for elder abuse, discrimination against people with disabilities and/or terminal or chronic conditions, the destruction of the most basic rule of medical ethics to not kill patients or help them kill themselves, suicide contagion, etc.

Assisted suicide, legalized and approved by society, is a manifestation of despair and abandonment-not empowerment. We cannot afford to be bystanders while others like Compassion and Choices continue to demand that we all accept legalized assisted suicide as a constitutional and civil right.

Full Article & Source:
Urgent: Will Congress Stop the Washington D.C. Assisted Suicide Law in Time? Write Now!

Ohio ranks 30th in elder-abuse protection

WASHINGTON, D.C. — With the share of U.S. adults aged 65 and older expected to comprise more than a fifth of the entire population by 2029 and 23 out of 24 elder-abuse cases going unreported every year, the personal-finance website, WalletHub, conducted an in-depth analysis that identifies 2016’s states with the best elder-abuse protections.

To determine which states fight the hardest against elder abuse, WalletHub’s analysts compared the 50 states and the District of Columbia across 10 key metrics. The data set ranges from “share of elder-abuse, gross-neglect and exploitation complaints” to “total expenditures on elder-abuse prevention per resident aged 65 and older” to “financial elder-abuse laws.”

Ohio ranked 30th overall among the 51 entities. The state came in 30th for elder-abuse, gross-neglect and exploitation complaints per resident aged 65 and older; 31st for total expenditures on elder-abuse prevention per resident aged 65 or older; 19th for total expenditures on legal assistance-development per resident aged 65 and older; fifth for total long-term care ombudsman-program funding per resident aged 65 and older; 35th for financial elderly abuse laws; 37th for number of eldercare organizations & services per resident aged 65 and older; fifth for presence of elder-abuse forensic centers; 22nd for number of certified volunteer ombudsmen per resident aged 65 and older; 13th for frequency of assisted-living facilities inspections; and 38th for quality of nursing homes.

States with the best elder-abuse protections were, in rank order, District of Columbia, Nevada, Massachusetts, Wisconsin, Missouri, Tennessee, Iowa, Louisiana, Vermont, Hawaii.

States with the worst protections, with worst last in the list, were, Alabama, Kentucky, Idaho, North Dakota, New Jersey, South Dakota, Rhode Island, California, Wyoming and South Carolina.

Alabama, Arizona, Florida, Idaho, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, New Hampshire, New Mexico, Ohio, Texas, Utah, Virginia, Wisconsin and Wyoming have no legislation that protects the elderly from financial crimes.

Alaska has the highest total, long-term-care-ombudsman-program funding per resident aged 65 and older, $11.18, which is 16 times higher than in Nebraska, the state with the lowest at $0.68.

The District of Columbia has the highest number of certified, volunteer ombudsmen per 100,000 residents aged 65 and older, 82.26, whereas both South Dakota and Wyoming have none.

Missouri has the highest frequency of assisted-living facilities inspections, twice per year, which is 10 times higher than in both California and Nebraska, the states with the lowest at once every five years.

North Dakota has the highest nursing-homes quality (share of certified nursing-home beds rated 4 or 5 stars), 62.9 percent, which is two times higher than in Louisiana, the state with the lowest at 27.2 percent.

Full Article & Source:
Ohio ranks 30th in elder-abuse protection

A Family Affair: Five Ways To Foil Family Financial Abuse

I know family members are responsible for elder financial abuse because I’ve seen it happen. It occurs more often than you think.

The scenario goes like this: A sibling “takes over the management” of Mom or Dad’s finance. They obtain power of attorney and start fleecing their own parents. I wish I could say this is a rare scenario, but it isn’t.

In one piece that I wrote, I came across a son who had robbed his 103-year-old mother. She had to go to court to stop the exploitation.

According to the SIFMA Senior Investor Protection Resource Center, of the $3 billion in elder financial fraud, more than half of the crimes are committed by family members or caregivers.

“In cases where such exploitation is discovered, it is often only after large, questionable requests or aggressive power of attorney tactics,” the SIFMA Center notes.

“On top of this, senior investors are also heavily targeted by fraudsters who often utilize common schemes such as the Jamaican Lottery Scam, Nigerian Letter Fraud, Sweetheart Scams, Granny Scams, Contest Scams, and the Sale of Non-Existent Investment Products.

Moreover, it is estimated that only 1 in 44 instances of senior financial exploitation is ever reported.”

How can you protect your family members from fraud? Here are what financial watchdogs recommend:

– Have a responsible family member monitor and pay bills. More than two family members should be involved. That way you can spot any large charges, withdrawals or changes in account ownership.

– Financial (durable) power of attorney should be granted to the most responsible, financially savvy siblings. That way, in the event of cognitive decline, a family trustee can take over. Siblings who’ve had financial setbacks or suddenly move in with Mom or Dad should be monitored closely.

– Keep in touch with all financial professionals in your parents’ lives. You should have access to their lawyer, accountant, financial planner and broker. Are they making any major moves such as cashing out accounts or buying new investments? Talk to them every week.

-- Know your recourse. If there’s fraud involved, you can always involve your state attorney general’s office. You can also file for arbitration against brokers.

– Communicate with your elders. Have they met a “new friend” who just happens to be selling insurance, brokerage products or real estate? Are they going to “free” lunches sponsored by brokers?

There are lots of scams out there. You can’t be on top of every one, but you can certainly be vigilant with your relatives.

For more on how to prevent financial abuse, click here.

Full Article & Source:
A Family Affair: Five Ways To Foil Family Financial Abuse

Elderly couple’s $4 million suit accuses caregivers of major household theft

David & Vera Mann

Sometimes Vera Mann sees an empty spot where a treasured object once sat, and her eyes fill with tears. The mantelpiece in her living room, which used to display crystal vases and porcelain figurines. Her light-filled atrium, where small marble animals peeked out from among the orchids. Her own fingers, where for 70 years she wore her wedding and engagement rings.

All gone, now.

Over the course of six months last year, she and her husband, David, say, three nurses caring for him in their Kalorama home systematically made off with more than half a million dollars’ worth of their belongings. The Manns, both 91, have filed a $4 million civil suit against the nurses and two home health-care agencies, seeking compensation for the missing items — from bath towels to priceless family heirlooms — and for the distress it caused them. An investigation by D.C. police is also underway.

The alleged disappearances, and the length of time over which they occurred, highlight a growing problem as more Americans age and require in-home care: The more dependent they are on caregivers, the harder it is to confront them when there is a problem. And crime allegations can be hard to prosecute if it’s the word of the residents against that of the caregivers.

A bill being considered in the District may help, making it a crime to use “undue influence” in the financial abuse of a vulnerable adult, including people 65 or older. Thirty-five states have statutes criminalizing the financial exploitation of older or incapacitated persons, and at least nine have laws defining undue influence in their criminal codes.

The bill passed an initial D.C. Council vote last week, and the council expects to take a final vote this month or next. If it passes, advocates say it will make such cases easier to prosecute, particularly in situations involving coercion or in those in which it isn’t clear whether a crime has been committed.

The Manns’ three-story D.C. townhouse, with a soaring, custom-built atrium that Vera hand-painted in Italian-style trompe l’oeil, is filled with items collected over a lifetime of travel and overseas stints: He is a former assistant secretary of the Navy and she is a psychologist. The nurses were provided by Maryland-based Capital City Nurses, hired by their son in March 2015 after gastric bypass surgery left David in need of round-the-clock care.

When small kitchen items began to vanish, the couple said they initially assumed they had been misplaced. But then the disappearances became more glaring, they said. A Limoges china planter. A silver fish platter. An expensive eelskin briefcase that hadn’t left the house in 25 years. And finally, the couple said, jewelry and furs worth hundreds of thousands of dollars vanished, including pieces Vera’s mother brought over from Russia around the time of the Titanic disaster.

“Those things, and the house itself as a safe environment that she had designed, were an important world to her, so to have a lot of the components of that world lost, to be invaded like that, was very traumatic for her,” said their son, James Mann. For his father, he said, “it’s more a matter of a violation of trust, that people who came in on the basis of they were going to take care of him didn’t do their job.”

By September, David was nailing boards across the kitchen cupboards and Vera was hiding valuables in locked rooms the caregivers were not supposed to enter. That didn’t work — they allege that locked closets were forceably opened, and Vera said she awoke one night to find one of the caregivers in her bedroom, rummaging through boxes.

When the Manns called Capital City Nurses to report what was happening, they said, they were not taken seriously.

“They said, ‘Oh no, our people don’t do such things,’ ” David said.

Full Article & Source:
Elderly couple’s $4 million suit accuses caregivers of major household theft