Nekoosa woman gets 8 years probation for theft from elderly AZ woman

Wood County Circuit Judge Timothy Gebert also ordered Janice Christiansen to pay $82,438 restitution after stealing from an 82-year-old Tucson, Arizona, woman.

by Karen Madden

Key Points

• A 65-year-old Nekoosa woman was sentenced to eight years of probation for stealing more than $59,000 from an elderly Arizona woman.
• The woman, who had power of attorney, used the funds for personal expenses, including ATM withdrawals at casinos.
• The theft resulted in the 82-year-old victim facing eviction from her assisted-living facility due to unpaid bills.
• As part of her sentence, the woman must pay $82,438 in restitution and is barred from serving as a power of attorney for anyone but her spouse.

WISCONSIN RAPIDS − A 65-year-old Nekoosa woman was sentenced April 10 to eight years of probation and must pay $82,438 restitution for stealing from an elderly Arizona woman's account.

Janice A. Christiansen pleaded guilty April 10 to theft in a business setting. Wood County Circuit Judge Timothy Gebert withheld a prison sentence and placed Christiansen on probation. He ordered her to pay $82,438 restitution, with $5,000 to be paid by May 11 and $500 a month to be paid starting June 1. Gebert also ordered Christiansen to undergo any counseling deemed necessary, have no contact with the victim and not to serve as a guardian or power of attorney for anyone other than her spouse.

According to the criminal complaint, on Nov. 10, an investigator from the state of Arizona contacted the Wood County Sheriff's Office and said she was investigating fraudulent spending from an 82-year-old Tucson, Arizona, woman's bank account. The woman has dementia and is in an assisted-living community, the investigator said.

The investigator said Christiansen had been spending money out of the woman's personal account for about two years, dating back to about June 1, 2023. The investigator said a check for $10,500 was written on the account, as well as ATM withdrawals at machines at the Ho-Chunk Casino and White-Tail Crossing in Nekoosa. The total amount was between $20,000 and $30,000.

Officials learned Christiansen had the woman's "power of attorney," according to the complaint. The automatic payments to the woman's assisted-living center had been turned off and a check written to the facility had bounced. Notice of termination of the 82-year-old woman's patient status with the center was given because she was about $32,000 past due, according to the complaint.

Officials chose a random month, May 2024, to look closely at transactions. During the month, they found 17 cash withdrawals all made in Wood County, according to the complaint. No withdrawals were made in Arizona. 

The total amount of Christiansen's withdrawals from the elderly woman's account minus deposits she made from June 25, 2023, to Feb. 3, 2025, was $59,410, according to the complaint.

Christiansen told investigators she and her husband got to know the older woman when the couple was going down to Arizona during the winter for seven years. Christiansen said she and her husband stopped going to Arizona about three years ago. Christiansen said the woman asked her to become her power of attorney, according to the complaint.

Christiansen said she struggled to pay the elderly woman's rent because the woman received $4,000 a month income and rent was about $3,500, according to the complaint. The investigator went over the woman's monthly expenses and income with Christiansen and she agreed there should be a monthly surplus of about $270, according to the complaint.

Christiansen said the facility had increased the rates. She called them several times to try to verify the rent but she couldn't get the information, she said. Christiansen said she became confused about how much the rent was and how much back pay was owed, according to the complaint.

Investigators learned Christiansen had lost $150,000 gambling at a casino. Christiansen said she didn't believe the whole amount she lost came from the older woman's account. When the investigator asked Christiansen how much she thought she had taken from the woman, Christiansen said she didn't know but she thought it might be between $50,000 and $60,000.

Full Article & Source:
Nekoosa woman gets 8 years probation for theft from elderly AZ woman 

Streamwood woman says brother took more than $430,000 from elderly parents' financial accounts

By Carol Thompson, Dorothy Tucker

Cathy Solway remembers a promise made with her brother to take care of their aging parents when their health began to decline and they moved into assisted living: "We're gonna take care of mom and dad as a team. We're gonna do this together." 

But then she made a discovery that changed everything.

"I left the bank, sat in my car and about had a complete breakdown from what I was seeing. A lot less money than I knew should have been in that account," she said.

Growing up

Cathy Solway and her brother, Robert Carlson, grew up in suburban Streamwood.

"We had a pretty great childhood. My brother and I were pretty happy growing up," she said.

Their parents, William and Caroline Carlson, got married in 1958 and raised their family in a modest house.

"My mom was a stay-at-home mom. She was the room mom. My dad worked hard, but they never missed anything that we were involved in," said Solway.

William Carlson served in the Air Force as a young man. After his stint in the military, he worked for United Airlines, the FAA and the Village of Streamwood. He worked practically his entire life, his daughter said.

"He was getting a decent amount of retirement benefits," said Solway.

But then came the official word her parents' health was declining.

"They both were just not able to take care of themselves," she said. "They both were in various stages of Alzheimer's. They were diagnosed in 2017 to 2019."

In 2022 the family decided to move them into assisted living, first at an Illinois facility and then into a Wisconsin facility, closer to her brother Robert.

"And my brother was like, 'You know, I'm going to make sure that their finances are taken care of and, you know, we'll make sure that their bills are paid for the house.' They still had the house that they had lived in," Solway said. 

Solway knew her parents had enough money to cover those bills plus the assisted living facilities' fees.

"I knew my dad was very good at saving money. He was very careful with his money," she said.

But her brother had surprise news. 

"He just suddenly told me in March of '23 'We need to sell their house,'" she recalled. "To be told that there's no money left was a little odd."

The discovery

After asking her brother questions and getting vague answers, Cathy said she went to the bank to check the account balance.

"When they went into assisted living [in 2022] they had over $165,000 in their savings account," she explained. "When I saw how much was left in the account, I felt that was like a gut punch."

With that initial balance, plus their parents' monthly social security and benefit payments and minus the living expenses, Solway estimated the remaining balance should still have been a large amount. 

"I'm doing the math in my head. At some point, there should be around $80,000 in there," she said. But the actual balance was much lower. "There was only about $9,200."

She looked through other statements, and said she spotted multiple large deposits, several withdrawals and checks for thousands of dollars each.

"This is what would happen: $30,000 would go in and about $30,000 would go out, but not in one lump sum," she said. 

She, along with her mother, called the three financial institutions that held her father's retirement accounts and found in the one that held her father's 401k there was a zero balance. She found just $600 left in another one. 

"Over $110,000 and that was just from those three accounts," she said.

Within months, her brother had sold the family home in Streamwood for around $160,000. That money was supposed to be used for their parents' living expenses.

Her brother had been designated power-of-attorney for the parents in early 2023, an arrangement made as part of a trust prior to the Carlsons' failing health. But by the end of the year, Solway was legally challenging his power over their financial affairs.

The court case and admissions

Solway and her attorney filed a petition to remove her brother as power-of-attorney and trustee of the family trust in December 2023 in Walworth County Civil Court.

Through the probate case, she was able to get access to detailed financial records and audio recordings from financial institutions.

"When we subpoenaed all the audio records, there were multiple times that he called and made withdrawals. They were all my brother," she said.

She said her brother called and told representatives he was his father, William Carlson. And in a deposition taken for the case he admitted the voice on the recordings was "Mine."

Some of the checks seen in the statements were made out to her brother's business, Looking Good Turf. Some had Robert Carlson's signature, but many appeared to be signed by his father.

"There were checks through '23 written for his landscaping company," Solway said. "Writing thousands of dollars of checks to his landscaping company and signing my dad's name to it."

And in his deposition, when Robert Carlson was asked who signed his parents' names on documents and checks, he answered, "Me."

By July 2024 a Walworth County judge removed Robert Carlson as power-of-attorney and trustee over the family trust. The ruling also ordered him to repay the trust more than $430,000.

Elder Financial Exploitation

The Illinois Department on Aging, or IDoA, released new data from 2025 showing financial exploitation is the leading type of abuse against people over the age of 60, and adults with a disability of any age.

Twenty-five percent of elder abuse is financial exploitation. and the 6,000 cases in 2025 are an increase from 4,500 in 2004.

"This is due to the growth of the program, but it's also due to increased prevalence of exploitation among the population," said Brian Pastor, division manager of Advocacy and Prevention Services in the IDoA. 

He said the abuser is often close to the victim.

"They're a family member. They're a trusted individual," he explained. 

The agency's data shows most often, in 34% of all cases, the abuse is committed by the victim's adult child, especially when it comes to money.

"They really do feel often in these circumstances that they are entitled to these funds because they're going to get them eventually. Which may or may not be true," Pastor said.

Solway said she doesn't expect her brother will ever repay the money. She has received compensation from at least one of the financial institutions.

Wintrust, the Carlsons' bank, told CBS News Chicago in a statement, that the judicial order did not pertain to it, so it will not repay any of the money Robert Carlson withdrew via checks to his business or for other bills.

CBS News Chicago tried to contact Robert Carlson in Wisconsin, but could not find him. Neighbors told us they thought he had moved to Florida.

Solway advised others to make sure more than one person has power-of-attorney privileges. Her parents both passed away within a few weeks of each other in 2025. 

Full Article & Source:
Streamwood woman says brother took more than $430,000 from elderly parents' financial accounts 

Caregiver in Wisconsin arrested on 20 counts of abuse to disabled adult

by: Adam Rosen

BELOIT, Wis. (WFRV) – A 49-year-old caregiver in Wisconsin was arrested following an investigation into battery against a disabled adult over time.

According to the Rock County Sheriff’s Office, the initial report was on January 23, 2026, when deputies responded to the possible battery. Officials learned throughout the early phases of the investigation that there may have been multiple offenses over time.

Officials developed probable cause early in the case to arrest 49-year-old Toyo Perez of Beloit on a single count of abusing a vulnerable adult; however, upon reviewing several hours of footage and a subsequent interview, Perez was arrested on Wednesday on the following charges:

• 10 counts – Intentionally Subjecting an At-Risk Individual to Abuse—Causing Bodily Harm
• 10 counts – Intentionally Abusing/Neglecting Patient/Resident by Facility/Program Employee—Causing Bodily Harm

Perez is set for a court hearing at 3 p.m. on February 19.

Full Article & Source:
Caregiver in Wisconsin arrested on 20 counts of abuse to disabled adult 

Beloit caregiver accused of abusing disabled adult, Rock Co. deputies report

A Beloit woman faces charges after she was accused of abusing an adult with disabilities on multiple occasions. 

Source:
Beloit caregiver accused of abusing disabled adult, Rock Co. deputies report 

Hos­pital dis­charge law con­cerns advoc­ates

by Sarah Volpen­hein

A bill passed by the Wis­con­sin Legis­lature will make it easier for hos­pit­als to dis­charge cer­tain patients deemed inca­pa­cit­ated to nurs­ing homes, free­ing up hos­pital beds that might oth­er­wise be tied up for weeks.

The bill, which Gov. Tony Evers signed into law on March 20, has the sup­port of hos­pital sys­tems that com­plain of long, costly delays in dis­char­ging patients who can no longer make med­ical decisions for them­selves and haven’t des­ig­nated someone to act on their behalf. At present, they remain in the hos­pital while await­ing court pro­ceed­ings to appoint a guard­ian.

“This legis­la­tion will help ensure patients can move more quickly to the most appro­pri­ate set­ting for their recov­ery, while also improv­ing hos­pital capa­city for those who need hos­pital care,” said Kyle O’Brien, pres­id­ent and chief exec­ut­ive of the Wis­con­sin Hos­pital Asso­ci­ation, a trade group rep­res­ent­ing hos­pit­als.

The legis­la­tion was opposed by dis­ab­il­ity and aging rights advoc­ates, who say it cir­cum­vents the guard­i­an­ship pro­cess, designed to pro­tect the rights of vul­ner­able indi­vidu­als, and could res­ult in patients becom­ing con­fined to insti­tu­tions against their will.

“The guard­i­an­ship pro­cess is com­plex for a reason,” Lisa Has­sen­stab, pub­lic policy man­ager at Dis­ab­il­ity Rights Wis­con­sin, said dur­ing a Novem­ber hear­ing on the bill. “That reason is due pro­cess.”

The Sen­ate voted 28-5 in favor of the legis­la­tion on March 17 dur­ing what could be the body’s last floor ses­sion for the year.

The bill passed the Assembly in Feb­ru­ary with bipar­tisan sup­port, fol­low­ing an amend­ment adding price trans­par­ency require­ments for hos­pit­als.

Health sys­tems engaged in heavy lob­by­ing for bill

The legis­la­tion received a major push from Wis­con­sin health sys­tems, hos­pit­als and industry trade groups, which col­lect­ively spent more than 400 hours lob­by­ing in favor of the bill, accord­ing to reports made to the Wis­con­sin Eth­ics Com­mis­sion.

Wis­con­sin hos­pit­als spend hun­dreds of mil­lions of dol­lars every year hous­ing patients who no longer need hos­pital care and are await­ing dis­charge or trans­fer to nurs­ing homes or other facil­it­ies. While the reas­ons behind

dis­charge delays are many, the bill addresses only the guard­i­an­ship issue.

It does not address other under­ly­ing causes, such as lim­ited bed avail­ab­il­ity at nurs­ing homes or the lack of med­ical facil­it­ies accept­ing com­plex patients.

Up until now, if phys­i­cians deemed a patient no longer able to make med­ical decisions for them­selves and they did not have a power of attor­ney, the hos­pital could not dis­charge the patient to a nurs­ing home until a guard­i­an­ship peti­tion was filed with a court, even when fam­ily mem­bers agreed to the trans­fer. Those pro­ceed­ings could take weeks or months, hos­pital offi­cials said.

The patient may be someone who had a stroke, suffered a trau­matic brain injury, or has demen­tia or another agere­lated dis­ease and lacks the abil­ity to man­age their own health care, whether tem­por­ar­ily or per­man­ently.

The new law removes the require­ment to file for guard­i­an­ship and allows a fam­ily mem­ber, called a patient rep­res­ent­at­ive, to agree to the patient’s admis­sion to a nurs­ing home, make health care decisions for them and approve health-related spend­ing.

Dis­ab­il­ity advoc­ates argue the legis­la­tion removes pro­tec­tions like court over­sight that come with the guard­i­an­ship pro­cess while also grant­ing a lot of the same author­ity as a guard­ian. They say the legis­la­tion does not require that the patient be noti­fied of the rep­res­ent­at­ive’s appoint­ment or of their rights to ask for a ree­valu­ation of their men­tal capa­city. Nor does it require the rep­res­ent­at­ive to con­sider the wishes of the patient, they say.

The legis­la­tion, they said, also lacks pro­tec­tions against an abuser or estranged rel­at­ive assum­ing the role.

“Often­times the per­son who is an abuser is the per­son who is really keep­ing an eye on the per­son in the hos­pital,” said Tami Jack­son, pub­lic policy ana­lyst and legis­lat­ive liaison with the Wis­conVon sin Board for People with Devel­op­mental Dis­ab­il­it­ies. “Some­body who gets picked under this bill ends up with a whole lot of author­ity.”

Under the new law, the patient or another fam­ily mem­ber may object to the nurs­ing home place­ment, if aware.

Any­one may ask a court to review the patient rep­res­ent­at­ive’s actions or may request a ree­valu­ation of the patient’s capa­city.

Exten­ded hos­pital stays can con­trib­ute to over­crowding

While pro­mot­ing the bill, health sys­tems argued that patients may miss out on cru­cial rehab­il­it­a­tion or other health care while wait­ing in the hos­pital for dis­charge. By remain­ing in the hos­pital, they also are at increased risk of hos­pital-acquired infec­tions or falls espe­cially dan­ger­ous for eld­erly patients.

From Janu­ary to Octo­ber 2025, Mayo Clinic Health Sys­tem coun­ted about 35 patients with exten­ded stays at its north­w­est Wis­con­sin hos­pit­als, Gina

Ruden, a Mayo senior nurse admin­is­trator, said at a Novem­ber hear­ing on the bill. At Mayo’s Eau Claire hos­pital, that added up to patients spend­ing a col­lect­ive 1,200 days in the hos­pital because of guard­i­an­ship delays, she said.

The exten­ded stays con­trib­ute to hos­pital over­crowding. Mayo Clinic has seen an influx of patients, Von Ruden said, ever since the abrupt clos­ure in 2024 of two area hos­pit­als by Hos­pital Sis­ters Health Sys­tem, a com­pet­ing health sys­tem.

When over­crowded, the Mayo hos­pital in Eau Claire has to board patients in the emer­gency depart­ment, Von Ruden said, where they may spend the rest of their hos­pital visit if no bed becomes avail­able on an inpa­tient floor.

“They might be in a hall­way in the emer­gency depart­ment or even in the ambu­lance bay when things get real tight,” Von Ruden said.

The bill has a three-year sun­set pro­vi­sion, which allows legis­lat­ors to check if the bill is work­ing as inten­ded before renew­ing it. 

Full Article & Source:
Hos­pital dis­charge law con­cerns advoc­ates 

Financial exploitation of seniors

By LouAnn Schulfer, AWMA®
, AIF®

With our aging population, financial exploitation of seniors is a serious and growing problem. It happens throughout all economic levels and has robbed people of their savings, their financial security, their homes and ultimately their dignity. We tend to think of criminal activity as obvious and violent. However, exploitation often begins with a much softer approach. By playing on emotions, money or other assets are often stolen through gradual persuasion, with the victim eventually signing over money or other valuables thinking they are doing the right thing by helping someone else in a time of need. Often there are promises of returning the “borrowed” money. Sometimes, the emotion is our own greed, as exploitation may be a promise of returning the money along with a great rate of return. Exploitation can escalate through coercion, trickery, deception, and even harassment and threats.

Each year, I attend LPL Financials’ annual national FOCUS conference with a few thousand other advisors and financial professionals. Protection of seniors is of such importance that it has been one of the few mandatory sessions that all securities licensed advisors have been required to attend. The SEC approved amendments to FINRA Rule 4512, Customer Account Information, and FINRA Rule 216.5, Financial Exploitation of Specified Adults. As of February of 2018, advisors are required to make efforts to obtain the name and contact information for a client’s Trusted Contact person when opening or updating an account. The Trusted Contact person is an additional resource for advisors to consult when a complex situation arises, such as having concern for a client’s physical or mental wellbeing or responding to possible financial exploitation.

If you do not have a Trusted Contact on the record of your accounts, contact your advisor or the company where your money is held and request detailed information on how this can help to protect you, and what the firm’s policy is on contacting the Trusted Contact. Additionally, it is always a good idea to let a responsible adult know some basics about your financial affairs — where to locate assets and/or who to contact on your behalf in the event of concern, death or disability.

The State of Wisconsin has put together a guide of common consumer protection issues facing Wisconsin’s senior citizens. It is an excellent resource and I encourage you to read it: www.datcp.wi.gov/Documents/SeniorGuide170.pdf. Together, let’s work to detect and prevent the financial exploitation of seniors.  

Full Article & Source:
Financial exploitation of seniors 

Man arrested for elder abuse on Madison's east side

by Samantha Calderon 

MADISON, Wis. -- Madison police were dispatched on the city's east side Monday afternoon for a disturbance involving an elderly woman.

Police learned that the caller, an elderly woman residing on the 3200 block of Dairy Drive, reported that another male resident became violent when asked to leave the room.

According to police, the man allegedly threw a chair at her and proceeded to kick her in the face.

The man was arrested for physical abuse of an elder, battery, disorderly conduct, and a probation hold.

Full Article & Source:
Man arrested for elder abuse on Madison's east side 

Man pleads not guilty in elder abuse case

Source:
Man pleads not guilty in elder abuse case

Rescue dog saves frostbitten man

 A rescue dog saved a nearly frozen man in a Watertown backyard Monday morning.

"My dad was the first one to say, 'Wow, your rescue just rescued a life,'" said Katey Higgins.

Higgins, a Watertown resident, was taking her dog, Jagger, to her parents' home Monday morning when they quickly learned something was wrong.

Source:
Rescue dog saves frostbitten man

Wisconsin Supreme Court refuses to release voter records sought by conservative activist

The Wisconsin Supreme Court has rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters

by SCOTT BAUER

The Wisconsin Supreme Court has rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters, but the case could return.

The court did not rule on the merits of the case, instead saying in its 5-2 decision Friday that a lower appeals court did not follow proper procedure when it issued a ruling saying the records should be released.

Here’s what to know:

Conservative activist brought the case

The case tested the line between protecting personal privacy rights and ensuring that ineligible people can’t vote.

Former travel agent Ron Heuer and a group he leads, the Wisconsin Voter Alliance, allege that the number of ineligible voters doesn’t match the count on Wisconsin’s voter registration list. Heuer asked the state Supreme Court to rule that counties must release records filed when a judge determines that someone isn’t competent to vote so that those names can be compared to the voter registration list.

Justices rejected case on technicality

The justices said the District II appeals court, based in Waukesha, was wrong to overturn a Walworth County Circuit Court ruling denying access to the records. In a nearly identical lawsuit, the District IV appeals court, based in Madison, had denied access to the records saying they were not subject to disclosure under the state public records law.

Justice Janet Protasiewicz, writing for the majority, said that the District II appeals court have sent the case to the Supreme Court, explaining why the other appeals court ruling was incorrect.

If it follows the proper procedure for doing that, the case could end up right back before the Supreme Court again. In the meantime, the Supreme Court sent the case back to the appeals court for further action.

All four liberal justices were joined by conservative Justice Brian Hagedorn in the majority. He said the different branches of the appeals court must be unified in their actions.

Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented, saying the court “leaves unresolved issues of great importance to voters, election officials, and people from whom courts have removed the right to vote due to incompetency.”

Sam Hall, the attorney for Walworth County, praised the ruling.

“We all agree that election integrity is fundamental and our citizens must have confidence in our elective process, while also respecting the dignity of those individuals subject to guardianship orders,” he said.

A court has the power to remove the right to vote from a person under a guardianship order if the person is determined to be unable to understand “the objective of the election process.”

The attorney for Heuer did not immediately return an email seeking comment.

Full Article & Source:
Wisconsin Supreme Court refuses to release voter records sought by conservative activist

Madison caregiver arrested after hitting client at East Towne Mall

by Kyle Jones 

MADISON, Wis. -- Madison police arrested a man Tuesday night who they said hit an elderly person who was in his care.

Officers were called to East Towne Mall just before 7 p.m. after a group of strangers reported seeing a caregiver hit an elderly client.

After speaking with the witnesses, officers arrested a 52-year-old Madison man. He faces charges of physical abuse of an elder person.

News 3 Now is not naming the man at this time as part of a policy not to name people accused of crimes until they have been formally charged in court.

Full Article & Source:
Madison caregiver arrested after hitting client at East Towne Mall

Wisconsin Bill Aims to Speed up Criminal Cases With Elderly Victims

 by Sarah Lehr

A Wisconsin bill aims to speed up criminal proceedings when older victims or witnesses are involved. 

The legislation, which advanced to public hearings this month, says courts have a duty to expedite proceedings involving any victim or witness over age 60, and that judges have to take that duty into account when weighing motions for delays. 

And, when a witness is over 60, the bill would allow that person’s testimony to be recorded to be used as evidence at a potential future trial. 

Source:

Wisconsin Bill Aims to Speed Up Criminal Cases With Elderly Victims

WI Sen. Jacque's Bill to Protect Vulnerable Adults Advances

Vulnerable members of our society that have been targeted by criminals would receive stronger protections under a proposal that cleared a State Senate committee today in a strong bipartisan 6-1 vote.

“This legislation will enhance our adult at risk legal framework by adding more protections that will help ensure safe, fulfilling lives for the defenseless ones among us,” said State Sen. André Jacque (R-De Pere), lead author of the measure.

Sen. Jacque said Wisconsin has a longstanding definition of “adult at risk”, which refers to any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs, and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation. Unfortunately, there remain a number of protections currently lacking under state law for adults at risk, which Sen. Jacque’s bill will enact:

· Allowing prosecutors to request that a court freeze or seize assets from a defendant who has been charged with a financial exploitation crime when the victim is an adult at risk in order to preserve them for restitution.

· Allowing an adult at risk who is seeking a domestic violence, individual-at-risk, or harassment restraining order to appear in a court hearing by telephone or live audiovisual means.

· Increasing the penalty for forcible sexual misconduct, which is currently a second degree sexual assault, to a first degree sexual assault (going from a Class C to a Class B Felony) if the victim is an adult at risk.

· Allowing a term of imprisonment that is imposed for a criminal conviction to be increased in length if the crime victim was an adult at risk.

“Adults with disabilities are seven times more likely to be the victims of abuse, neglect, or exploitation,” Sen. Jacque said, noting that the bill (Senate Bill 72) passed the Senate last session as 2021 SB 388 in a strong bipartisan vote of 31-2. The measure has been supported by the Alzheimer’s Association and the Wisconsin Chapter of A-TEAM, a grassroots network of families who work legislatively to advance the cause of people with disabilities in the workplace, society, and home.

This stronger adult at risk legislation is Sen. Jacque’s latest effort to protect our most vulnerable. Last session, Gov. Evers signed a Jacque bill requiring training for guardianship, the most restrictive legal arrangement for incapacitated adults, to make sure decisions are made in their best interests.

Senate Bill 72 must next clear the full Senate and Assembly, and be signed by the Governor, to become law.

Senator André Jacque represents Northeast Wisconsin’s First Senate District, consisting of Door and Kewaunee Counties and portions of Brown, Calumet, Manitowoc, and Outagamie counties.

Source:

Sen Jacque Bill Protecting Vulnerable Adults Advances

Wisconsin ranks as the top state in elder-abuse pro­tec­tions

By Kristin Parisi Wisconsin

 

WISCONSIN — WalletHub recently released a study that reported Wisconsin ranked as the top state for elder-abuse protections in the United States, followed by Massachusetts and Ohio. 

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What You Need To Know

• Wisconsin ranked as the top state for elder-abuse protections in the United States


• Massachusetts ranked second, and Ohio followed with third


• Wisconsin is one of only 22 states with elder-abuse shelters in place


• Wisconsin ranks third in the country for both total expenditures on elder-abuse prevention and elder care organizations and services

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Out of 100 points, Wisconsin scored a 62.45. WalletHub used three dimensions — prevalence, resources and protection — to score each of the states. Wisconsin ranked 22 in prevalence, first in resources and fifth in protections.

The U.S. Department of Justice defines elder abuse as “an intentional or negligent act that causes harm or serious risk of harm to an older adult.” It can involve neglect, financial exploitation, self-neglect and more. Elder abuse cost the U.S. more than $1.6 billion last year.

A 2022 report by the Wisconsin Department of Health Services found that 22% of calls made to helplines for elder abuse had to do with financial exploitation, 47.5% had to do with self-neglect and another 10.4% was for neglect by others.

WalletHub officials said combating these abuses is key as the U.S. Census Bureau projects that the 65 and older population will double from 49.2 million in 2016 to 94.7 million in 2060.

Wisconsin comes in at the top for protections, with a high amount of elder care organizations and services. It also invests three times the amount per elderly resident in elder-abuse prevention programs than the state average. The state is one of only 22 with elder-abuse shelters in place.

Wisconsin ranks third in the country for both the total amount of money spent on elder-abuse prevention and elder care organizations and services. 

Every county in the state has an elder agency that will explore reports of abuse. You can find a list of those here.

Full Article & Source:
Wisconsin ranks as the top state in elder-abuse pro­tec­tions

La Crosse County joins new elder abuse prevention program

La Crosse County has been chosen as one of the four Wisconsin counties to participate in a new program aimed at reducing elder abuse.

Source:
La Crosse County joins new elder abuse prevention program

Sen. Testin, Rep. Macco: Introduce legislation to help elderly victims of crime

Madison, WI –With incidents of elder abuse on the rise, Senator Patrick Testin (Stevens Point) and Representative John Macco (Ledgeview) have reintroduced legislation to help victims get justice. By allowing for expedited hearings and the ability to preserve testimony through a video-taped court hearing, the bill aims to reduce stress and improve the process for elderly victims and witnesses who are involved in a court proceeding.

“The justice system must be able respond to the unique needs of an elderly victim or witness,” said Testin. “This bill has broad bi-partisan support, and I believe that the time is now to pass this important reform.”

Both Senator Testin and Representative Macco were involved in Attorney General Brad Schimel’s Task Force on Elder Abuse, which originally developed the bill. Macco agreed with Testin that the bill would have a positive impact.

“This bill is essential to protect our growing elderly population,” said Rep. Macco. “With more baby boomers retiring each day, it is critical that we take steps to protect them from harm and any unnecessary delays in the court process.”

The bill will circulate in the legislature for co-sponsorship until October 5^th.

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Sen. Testin, Rep. Macco: Introduce legislation to help elderly victims of crime

Reedsburg lawyer stole $1.6 million from client's trust to pay for home improvements, 2 trucks and a tractor

by Chris Ramirez

A Reedsburg lawyer will spend nearly four years in federal prison for embezzling $1.6 million from a client's trust accounts.

U.S. District Judge William M. Conley on Thursday ordered Kristin Lein, 61, to serve 45 months in prison, followed by three years of supervised release. She pleaded guilty in June to wire fraud, money laundering and filing a false tax return.

Prosecutors alleged that in June 2019, Lein began transferring money from several accounts belonging to the client’s trust to her own personal bank account.

Lein and the beneficiary of the trust spoke in a Feb. 2, 2022, phone call about financial matters. She told the person the trust balance was over $1.8 million. 

But that wasn't true.

Prosecutors alleged the amount in the trust was significantly less due to her actions, and that she continued to embezzle money until the funds were depleted in September 2022. 

Timothy M. O’Shea, the U.S. Attorney for the Western District of Wisconsin, said in a statement an investigation revealed Lein used the embezzled funds to pay personal expenses, including improvements to her home in Sauk County.

She also used the money to buy multiple vehicles, including a 2019 F-250 pickup truck, a 2017 Toyota Tacoma pickup truck and a 2020 Mahinda tractor, the statement said. 

Lein admitted she failed to report the income she obtained from the embezzlement on her 2019 personal tax return.   

The charges against Lein were a result of an investigation conducted by IRS Criminal Investigation. 

Assistant U.S. Attorney Aaron Wegner handled the prosecution.

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Reedsburg lawyer stole $1.6 million from client's trust to pay for home improvements, 2 trucks and a tractor

Man found not guilty by insanity in Eau Claire elder abuse case

By: Keith Edwards

EAU CLAIRE COUNTY (WQOW) - A hearing will be held next month to determine what should be done with an Eau Claire man who was found not guilty by insanity this week for elder abuse.

Lue Xiong was charged with attempted murder for allegedly beating and stabbing his father last July. The 87-year-old man needed stitches and had a potentially serious head wound. Xiong's brother said Xiong also put his foot on the victim's neck, affecting his breathing.

Xiong pleaded no contest Tuesday to elder abuse and strangulation/suffocation. The judge then found him not guilty, by reason of mental defect.

A pre-disposition investigation will be done, with a hearing set for June ninth.

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Man found not guilty by insanity in Eau Claire elder abuse case

Why some Wisconsin residents with mental disabilities lose voting rights — and how they can restore them

by Zhen Wang

Frank Wallitsch’s guardianship paperwork is photographed at his parents’ home in Mount Horeb, Wis. The box indicating Wallitsch’s voting rights were to be removed was accidentally left checked when the paperwork was filed in 2010. Wallitsch, who was placed under a guardianship related to his disability, lost his voting rights even though his parents did not intend for those rights to be removed. But despite being on the state’s ineligible voter list, he was able to vote in previous elections. (Drake White-Bergey / Wisconsin Watch)

Thousands of Wisconsinites have been “adjudicated incompetent” to vote under state laws designed to protect mentally incapacitated people from having someone else fill out their ballot.

Under laws in Wisconsin and many states, a court may determine someone is incompetent to vote. Ten states — including neighboring Illinois and Michigan — place no disability-related restrictions on voting rights, according to a 2018 Bazelon Center for Mental Health Law report.  

But Wisconsin lacks a statutorily defined system for tracking people ruled mentally incompetent to vote, Wisconsin Watch reporting has revealed. That has led to instances of people casting ballots in recent elections despite being on the statewide ineligible voter list. They include two voters who told Wisconsin Watch they didn’t know they were ineligible. 

Disability rights advocates and legal experts disagree over whether — and to what extent  — certain people with mental disabilities should lose their voting rights.

“Historically, people with disabilities have experienced a lot of discrimination with certainly their rights, and that includes the right to vote,” said Barbara Beckert, external advocacy director of Disability Rights Wisconsin. “There is a lot of inconsistency from state to state and how this is currently in place.”

Why does Wisconsin disenfranchise certain people with mental disabilities, and how can some restore their right to vote?

Here’s what you need to know. 

Who in Wisconsin could lose their voting rights for mental disability reasons? 

A subset of people under legal guardianship — someone who has a court-appointed guardian to make health and financial decisions — may lose their right to vote. 

People with degenerative brain disorder, including dementia, and developmental disabilities — such as cerebral palsy, epilepsy and autism — may be ruled “incompetent” or “incapacitated” and lose their voting rights.

Courts rely on opinions of medical professionals and a court-appointed guardian ad litem to assess a person’s capacity to make important decisions, such as those related to their health care or finances. During a hearing, a court will determine whether a guardian is necessary and will outline the scope of the guardian’s decision- making power.  

Not everyone under guardianship loses the right to vote. 

While people under the guardianship might struggle to make choices about health care and finances, many can still decide who they want to vote for, said Tami Jackson, a public policy analyst for the Wisconsin Board for People with Developmental Disabilities.

Under Wisconsin law, people disallowed from voting in Wisconsin include: “Any person who is incapable of understanding the objective of the elective process or who is under guardianship, unless the court has determined that the person is competent to exercise the right to vote.”

Under that broad definition, those who understand their reasons for voting, want to vote for a candidate and want that candidate to win should retain their voting rights, said Ellen Henningsen, who directs the Voting and Guardianship Project for Disability Rights Wisconsin.

“It’s a very simple standard. It’s a very low standard, frankly, because we don’t impose any capacity tests on average voters,” Henningsen said.  

Who decides whether someone is competent to vote?

Only a judge can determine a person’s legal competence to vote in Wisconsin. No one else has that power — not a family member, caregiver, election official, doctor or designated power of attorney. 

How many people in Wisconsin have lost their voting rights under this process? 

A Wisconsin Elections Commission list contains more than 22,000 people who have been “adjudicated incompetent” to vote in Wisconsin. But that list is imperfect. Some, but not all, counties notify state elections officials when a person is found incompetent to vote, Joel DeSpain, a Wisconsin Elections Commission spokesman, previously told Wisconsin Watch. Additionally, the statewide list includes people who have since died. 

Why disenfranchise people with certain mental disabilities?

The laws are designed to bolster election integrity and to protect mentally incapacitated people from having someone else fill out their ballot or manipulate them into voting a certain way.

“Individuals who do not understand the nature of voting creates a pool of potential votes that might be cast by anyone with the ability to gain access to those individuals’ ballots — a species of vote fraud,” Pamela Karlan, the co-director of the Supreme Court Litigation Clinic at the Stanford University Law School, wrote in the McGeorge Law Review. 

Frank Wallitsch is photographed with his mother, Susan Wallitsch, in her home in Mount Horeb, Wis. Frank is functionally nonverbal, but he can point to letters on a sheet of paper to communicate. While being photographed, Frank spelled, “Navigating law is hard,” using the paper. Wallitsch, who was placed under a guardianship related to his disability, lost his voting rights even though his parents did not intend for those rights to be removed. (Drake White-Bergey / Wisconsin Watch)

For instance, an assisted living facility staff member could influence the votes of people with severe cognitive disabilities in their care, she told the nonprofit news outlet Stateline in 2018.

A partisan review of Wisconsin’s 2020 election raised those same concerns when it found a couple of examples of nursing home residents who had voted despite being on the state’s “adjudicated incompetent” list. But no cases of nursing home voter fraud have come to light. 

Critics of disenfranchisement laws and practice point out such scenarios involve law-breaking by people other than the person with a disability, and they question the idea of protecting the rights of a cognitively disabled voter by stripping them away.

Can people restore their voting rights after losing them? 

Yes. That involves petitioning the county probate court. Filing a petition carries no cost and should be done 180 days after a guardianship hearing. 

Petitioners can get help from someone who supports the restoration of their voting rights, whether a guardian, family member, service provider or teacher. 

There, petitioners can show they understand the election process, said Henningsen, who advocates for people to restore their voting rights. There are good reasons to do so, she said.  Judges may have been mistaken in the first place. Or petitioners may now understand the election process, whether because they’ve matured or received education — or their health conditions have improved.

But once people lose the right to vote, they face a higher burden of proof in having it restored, Jackson said. 

Petitioners should be prepared for the court to ask questions, says Disabilities Wisconsin Rights, which publishes a guide for voting rights restoration. 

If a court restores a petitioner’s right, the person must register to vote before casting a ballot. 

How have these issues been politicized in Wisconsin?  

The issue first gained attention a year ago as part of former Supreme Court Justice Michael Gableman’s partisan investigation into the 2020 election. Gableman identified a couple of cases of people in nursing homes who had voted despite a court removing their voting rights.

That unfolded as Republican backers of former President Donald Trump sought to sow doubts about the results of his 2020 election loss to Joe Biden — and to purge thousands of names from Wisconsin voter rolls.

“It’s unfortunate that people with disabilities are being looked at as somehow violators of election law when so many of them who have their right to vote experience incredible barriers to access voting,”  said Jackson of the Wisconsin Board for People with Developmental Disabilities. “I just see that this is a solution that is looking for a problem.”

Although conservative activists pushed misinformation in that process, including conflating ineligible and eligible voters, they did help identify some holes in Wisconsin’s statewide voter database. 

As Wisconsin Watch reported in March, Dane County Clerk Scott McDonell conducted a review of about 1,000 names from the state’s list of people a court deemed incompetent to vote and found 95 examples of people who voted after being added to the list.

While more examples than previously known, the number is small compared with the millions of votes cast in statewide elections — and not enough to alter past results as Trump and others have claimed. In reviewing some of the cases, Wisconsin Watch found examples of human error, rather than coordinated or intentional illegal voting.

“We all want our elections to have integrity, but we also want to make sure that doesn’t come at the expense of the rights of people with disabilities,” Beckert said. 

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

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Why some Wisconsin residents with mental disabilities lose voting rights — and how they can restore them

Financial Elder Fraud Steals $3B a Year — Congress is Fighting Back

Written by:  Brian Niggemann 

WISCONSIN (CoinChapter.com) — New congressional legislation will attempt to help avoid financial elder fraud, which totals $3 billion a year. If passed, a law currently before the Senate would combat financial ill-treatment — a recurrent threat to older adults and other vulnerable people.

The bill allows companies that offer mutual funds and similar pooled investments. In doing so, the companies step in when they detect an illegal transaction involving an adult 65 years of age or older or a younger person with disabilities financially. 

The measure is a carbon copy of one that passed the House of Representatives in 2021 but was defeated in the Senate. According to AARP research, the average cost of exploitation is $120,000.

The Bill Gears Towards Investment Companies

In short, the legislation would permit so-called registered, open-ended investment companies, or their agents, to postpone a requested redemption of a security or fund for up to 25 days. These companies can include exchange-traded funds, hedge funds, mutual funds, some annuities, and other pooled investments.

The law gives administrative authorities, courts, and regulators the right to postpone payments further. It would apply to those aged 65 or younger. The Insured Retirement Institute says,

“Bad actors are constantly coming up with new methods to exploit existing law. The legislation would provide people on the front lines to help avoid exploitation.”

The Financial Exploitation Prevention Act of 2023, introduced by Representative Ann Wagner, R-Mo., was passed last month by the House with unanimity of support from both parties. But it is still being determined if or when the bill will be brought up as it is currently awaiting review by the Senate Banking Committee.

Family Members are the Main Culprits Behind Elder Fraud

Family members take twice as much money as strangers. Elderly persons with cognitive difficulties are more susceptible to exploitation and may experience up to a twofold increase in theft compared to those without these problems.

According to Marve Ann Alaimo, a partner at the law firm of Porter Wright Morris & Arthur: 

“The financial industry is waking up and catching on that there are a lot of people out there who are vulnerable to financial exploitation in general, especially at a time when many transactions are made over the phone or online. Ms. Alaimo added, “The aging population is ready for it.”

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Financial Elder Fraud Steals $3B a Year — Congress is Fighting Back