Showing posts with label legal guardian. Show all posts
Showing posts with label legal guardian. Show all posts

Thursday, January 8, 2026

Mercer County Man Investigated in Sexual Assault Case Involving Incapacitated Woman, Deputies Say

by Lootpress News Staff 


MERCER COUNTY, WV (LOOTPRESS) – A Mercer County man is facing felony charges after deputies say an investigation and forensic testing linked him to a reported sexual assault involving a woman with documented intellectual disabilities.

According to the Mercer County Sheriff’s Department, deputies first responded to a home on Trove Place in Princeton on June 20, 2025, for an indecent exposure complaint after 911 callers reported a man and woman engaged in sexual activity in a front yard.

Deputies said they arrived to find the pair — identified as Charles Keffer and Alexis Anderson — together near a trailer. A neighbor later provided deputies with brief video clips that appeared to show sexual activity taking place in the yard, investigators said. 

During the response, Anderson’s mother arrived and informed deputies that she is Anderson’s legal guardian and that Anderson has autism and an intellectual disability, supported by court documentation, according to the report. Anderson was transported to the hospital, where a sexual assault examination was performed.

Detectives later reviewed forensic lab results from the evidence kit, which indicated the presence of male DNA on multiple samples collected from Anderson. A court-authorized DNA swab was later obtained from Keffer, and state police lab analysts determined that DNA from several swabs was consistent with Keffer’s profile, investigators said.

Because of Anderson’s documented incapacity and longstanding acquaintance with Keffer, detectives wrote that they believe he was aware of her limitations at the time of the alleged conduct.

A forensic interview with Anderson was also conducted in October 2025 due to her cognitive condition. Investigators said Anderson disclosed that she was sexually assaulted and identified Keffer as the person involved.

Following the lab findings and interview, detectives requested warrants charging Charles Leslie Keffer with sexual abuse in the second degree and sexual assault in the third degree.

The case remains under investigation, and Keffer will face the charges through the court system.

Full Article & Source:
Mercer County Man Investigated in Sexual Assault Case Involving Incapacitated Woman, Deputies Say 

Tuesday, December 23, 2025

Hopkinsville woman indicted for murder after elder abuse death of mother

The Grand Jury in Christian County has indicted a woman for murder following elder abuse charges in November.


HOPKINSVILLE, KY (CHRISTIAN COUNTY NOW) – A Hopkinsville woman has been indicted by the Christian County Grand Jury for murder following an elder abuse related death in November. 

63-year-old Patricia Bader-Sanders was arrested on Nov. 3 after Jennie Stuart Medical Center contacted the Hopkinsville Police. The suspect’s 86-year-old mother, Wilma Saturley, was observed at the hospital with multiple bruises, swelling to her forehead, jaw, and limbs with a dislocated shoulder. She also had several bedsores on her backside.

At the time, Sanders told HPD that she was the sole person caring for her mother who had been under continuous medical care after being hospitalized over the summer. Sanders was also acting as her legal guardian since 2023, according to an arrest report.

At the time of the arrest, Sanders was initially charged with abuse and neglect of an adult. However, her mother died at the hospital three days after the arrest. A On Dec. 19, the Grand Jury announced the charged had been changed murder due to circumstances of extreme indifference to human life by engaging in conduct which is believed to have caused the death of Saturley.

Full Article & Source:
Hopkinsville woman indicted for murder after elder abuse death of mother 

Wednesday, March 5, 2025

BREAKING: ‘New chapter’ begins for Life Care Centers of America as judge gives permanent control to owner’s son

by James M. Berklan


A Tennessee judge has granted sole permanent oversight of long-term care icon Forrest Preston’s vast financial holdings to one of his sons, Aubrey Preston.

The centerpiece of the portfolio is the Life Care Centers of America nursing home chain, which comprises more than 200 facilities spread over 27 states, employing more than 30,000.

The gargantuan provider was deemed at risk after company executives raised alarms about Forrest Preston’s declining mental health and what was described as increasingly erratic behavior by his third wife, who had threatened Life Care leaders and was alleged in separate legal action initiated by Aubrey to have bilked the billionaire of tens of millions of dollars.

In a brief hearing in Bradley County Chancery Court Tuesday morning, Chancellor Jerri Bryant found that the 91-year-old Forrest Preston is disabled under state law and requires a conservator. His net worth has been estimated at $1.2 billion.

Attorneys gave brief opening statements, but there was no new evidence or testimony introduced. The judge’s formal, written order will be issued in the coming days. 

“We’re grateful that the court looked at the facts of the situation and determined that a conservatorship is the right course of action to protect my father,” said Aubrey Preston in a statement to McKnight’s Long-Term Care News. “This has been a difficult process, but it has always been about protecting Dad and helping him age with grace and dignity. This has also been about ensuring that Life Care and its sister company, Century Park, are protected for the future. We’ve got an outstanding management team, and they’ll have the support they need. Our family is fully committed to caring for Dad and providing stewardship for the businesses in the months and years ahead.” 

Life Care Centers President Todd Fletcher also issued an optimistic statement after the hearing’s outcome.

“As Life Care embarks on a new chapter, I’m honored to be part of this historic moment. Forrest Preston hired me in 1990, and for that I will always be grateful,” said Fletcher, one of Preston’s nephews. “On behalf of Life Care, Century Park, and our entire team of associates, we want to thank Aubrey Preston for his leadership and willingness to step in on behalf of his father. The future looks bright, and I look forward to working together with Aubrey to continue serving the mission and legacy that have made Life Care a leader in the industry.”

‘Unable to manage’ but ‘very much alert’

After court-ordered neurology exams, doctors found over the last few months that Forrest has “a moderate to severe cognitive condition that affects his ability to manage his own affairs, property, and healthcare needs” and that decision-making should be entirely transferred, according to a trial brief that Aubrey’s legal team filed last week.

“Forrest is, quite simply, unable to protect himself or manage his health decisions, unable to manage his personal financial decisions, and unable to manage the hundreds of business entities that comprise his business empire and he needs someone to protect him and manage his affairs,” it added.

Forrest Preston was in court and “very much alert and certainly understood the nature of the proceedings,” said his lawyer, William Horton, of Horton, Ballard & Pemberton PLLC. That made for mixed emotions.

“Any person who has, at that age, accomplished remarkable things, on his own, as sole owner, for years and decades and accomplished that much and is, I guess you might say, prideful of what he’s created, it’s hard for them to let go,” Horton told McKnight’s Long-Term Care News. “I would say he had some trepidation about it and reservations about it, but I think he accepts the end result and they’re the best results for the company and all concerned.

“Mr. Preston’s legacy and reputation and accomplishments were reserved with dignity, and the court was very complimentary of Mr. Preston,” Horton added.

Some claims settled

Aubrey Preston was granted temporary conservatorship in December after an emergency appeal prompted by behavior by Forrest’s wife, Kim Phuong Nguyen Preston, that Aubrey and company leaders called erratic, harmful and fraudulent.

After that Nov. 20, 2024, ruling, however, Kim stated in a recent legal filing that she would not object to Aubrey being named conservator if a court deemed it proper. 

The Vietnam native, who first came on the scene as a caregiver to Forrest’s now-deceased second wife, said in the same brief she wants to remain Forrest’s wife and caretaker, not conservator.

Attorneys agreed to a confidential settlement over Aubrey’s charges against Kim and her siblings’ alleged misappropriation of millions of dollars of Forest’s assets, Horton said Tuesday.

Aubrey Preston has owned and operated long-term care facilities for decades, though he has not worked directly for LCCA since serving as his father’s director of acquisitions as a young adult.

He described himself as a reluctant participant in the legal action who was compelled to act after hearing disturbing reports from company officers and others.

Among other endeavors, he is the founder and chairman of the Leiper’s Fork Foundation, where he is described as an entrepreneur, philanthropist and preservationist. He and his mother, Cora, Forrest’s first wife, were original land donors to conserve acreage in Leiper’s Fork through The Land Trust for Tennessee.

Full Article & Source:
BREAKING: ‘New chapter’ begins for Life Care Centers of America as judge gives permanent control to owner’s son

See Also:
Emergency hearing may determine control of Life Care Centers of America as case claiming owner’s mental disability grows

UPDATED: Court shifts emergency control of Life Care Centers of America to owner’s son

Son seeks conservatorship for Life Care’s Forrest Preston

Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

‘Disabled’ Life Care Centers owner resists medical, competency tests, son applies for emergency conservatorship

Emergency Petition Seeks to Expedite Conservatorship for CEO of Nursing Home Giant Life Care Centers

Don’t let this happen to you

[UPDATED] Sole Conservatorship Granted to Son of CEO of Nursing Home Giant Life Care Centers

By Zahida Siddiqi


Aubrey B. Preston will serve as the sole conservator for his father, Life Care Centers of America CEO and founder Forrest Preston, following a swift court decision Tuesday morning.

The trial in Bradley County Chancery Court was a short hearing, lasting about 30 minutes, according to sources present. And following statements from attorneys of various parties involved, Chancellor Jerri Bryant ruled that Aubrey, currently serving as the emergency conservator, would be the sole conservator for his father. 

Upon reviewing the documentation in the case, including health-related assessments filed under seal, Bryant found that Forrest Preston was disabled under Tennessee law and in need of a conservator. The written order will be issued at a later date.

“We’re grateful that the court looked at the facts of the situation and determined that a conservatorship is the right course of action to protect my father,” Aubrey Preston said in an email statement to Skilled Nursing News. “This has been a difficult process, but it has always been about protecting Dad and helping him age with grace and dignity. This has also been about ensuring that Life Care and its sister company, Century Park, are protected for the future.”

Life Care Centers and Century Park together have 20,000 patients and more than 30,000 employees across 200 skilled nursing facilities and other long-term settings in 27 states.

“We’ve got an outstanding management team, and they’ll have the support they need. Our family is fully committed to caring for Dad and providing stewardship for the businesses in the months and years ahead,” the younger Preston said.

In late November, a judge made Aubrey the emergency conservator on a limited basis for his 91-year old father. Court documents at the time described turmoil within the company related to the elder Preston’s alleged inability to make executive decisions, including related to crucial financial matters. During that time, Aubrey Preston was allowed to make decisions in consultation with Life Care Centers’ executive leaders.

Todd Fletcher, president Life Care Centers of America, applauded the court’s decision and thanked Aubrey for stepping in for his father in an email statement to Skilled Nursing News.

“As Life Care embarks on a new chapter, I’m honored to be part of this historic moment. Forrest Preston hired me in 1990, and for that I will always be grateful,” said Fletcher. “The future looks bright, and I look forward to working together with Aubrey to continue serving the mission and legacy that have made Life Care a leader in the industry.”

Aubrey’s precise corporate role and responsibilities at Life Care Centers will be discussed in the very near future, in consultation with Life Care’s board, according to sources familiar with the situation. In the past, Aubrey has closely worked alongside his father in overseeing the company’s real estate strategy. 

Forrest Preston founded Life Care Centers in 1970.

Full Article & Source:
[UPDATED] Sole Conservatorship Granted to Son of CEO of Nursing Home Giant Life Care Centers

Tuesday, March 4, 2025

She steals over $25,000 from her sick and fragile grandmother to gamble online.

Written by Tricia Richards


In a shocking case of elder abuse, a British woman has been found guilty of stealing over £21,000 from her vulnerable grandmother to fuel her online gambling addiction. This disturbing incident highlights the growing issue of financial exploitation of the elderly and the devastating consequences of gambling addiction.

Betrayal of trust: A granddaughter’s heinous act

Charlotte Kidd, a 30-year-old mother of four from England, was recently convicted of abusing her position as her grandmother’s legal guardian. Over a two-year period, from September 2020 to November 2022, Kidd systematically siphoned off her grandmother’s savings, amounting to approximately €26,000.

As the appointed caregiver, Kidd was entrusted with managing her grandmother’s finances, including paying for her nursing home expenses. However, she exploited this responsibility by using her grandmother’s bank card to fund her own lifestyle and gambling habits. The case has sent shockwaves through the local community and raised concerns about the vulnerability of elderly individuals to financial abuse.

This incident bears a stark contrast to other recent stories of generosity and kindness, such as the heartwarming tale of a family scammed by fake Disneyland tickets receiving an incredible Christmas gift from a mysterious donor. While some individuals go out of their way to help others, cases like Kidd’s serve as a sobering reminder of the darker side of human nature.

The allure of online gambling and its consequences

Kidd’s actions were primarily driven by her addiction to online gambling platforms. The ease of access and the promise of quick wins have made these digital casinos increasingly popular, but they also pose significant risks. In Kidd’s case, the addiction led her down a path of deceit and criminal behavior, ultimately tearing her family apart.

The court heard how Kidd used her grandmother’s money not only for gambling but also to cover her personal expenses, including rent, bills, and even school uniforms for her children. This pattern of behavior highlights the all-consuming nature of gambling addiction and its potential to override moral considerations and family loyalties.

While some individuals find themselves in dire straits due to circumstances beyond their control, as seen in the case of a delivery driver who received only a $2 tip, prompting a police officer to raise over $19,000 for him, Kidd’s situation was entirely self-inflicted. Her actions serve as a cautionary tale about the dangers of addiction and the importance of seeking help before it’s too late.

The impact on the victim and the family

The emotional toll of Kidd’s betrayal on her grandmother has been profound. The elderly woman, already dealing with health issues and reduced autonomy, now faces additional stress and heartbreak. In her statement to the court, she expressed disbelief that a family member could commit such an act, saying, “This situation causes me a lot of stress… I can’t believe a member of my family could do this to me. It has deeply hurt me.”

The case has undoubtedly strained family relationships and trust. While some families come together in times of crisis, as seen in the story of a woman who rescued a dog chained outside for 13 years, Kidd’s actions have likely created irreparable rifts within her own family. 

The incident also raises questions about the adequacy of safeguards for vulnerable adults. Despite Kidd being the legal guardian, she was able to misuse her grandmother’s funds for an extended period without detection. This case underscores the need for better oversight and protection mechanisms for elderly individuals who rely on others for financial management.

Legal repercussions and societal implications

The Hull Crown Court, where Kidd’s trial took place, handed down a sentence that has sparked debate about the adequacy of punishments for elder abuse. Judge Alexander Menary noted the prolonged nature of the theft and Kidd’s apparent lack of remorse. Despite the severity of her actions, Kidd received a 20-month suspended prison sentence and was ordered to pay £2,500 in compensation to her grandmother.

This relatively lenient sentence has raised eyebrows and prompted discussions about whether the legal system is doing enough to deter such crimes. Some argue that stronger penalties are needed to protect vulnerable members of society and to send a clear message about the seriousness of elder abuse.

The case also highlights the need for increased awareness and education about the signs of financial exploitation. Just as the public was shocked by the tragic death of a tourist couple from tainted limoncello in Vietnam, society must be vigilant about the less visible but equally devastating effects of financial abuse on the elderly.

Addressing the root causes and prevention

While Kidd’s actions are inexcusable, her case points to broader issues that need addressing. The rise of online gambling and its accessibility pose significant risks, particularly to individuals with addictive tendencies. Stricter regulations and better support systems for those struggling with gambling addiction are crucial in preventing similar incidents in the future.

Moreover, the case underscores the importance of robust screening processes for those appointed as guardians or caregivers for vulnerable adults. Regular checks and balances could help detect and prevent long-term financial abuse. Financial institutions also have a role to play in identifying suspicious patterns of transactions that may indicate exploitation.

As society grapples with these issues, it’s worth noting that not all stories involving the elderly are tragic. Some, like the remarkable case of a woman found alive 52 years after her disappearance in the United Kingdom, remind us of the resilience and mysteries that surround human life. However, for every uplifting story, there are countless untold tales of abuse and neglect that demand our attention and action.

In conclusion, Charlotte Kidd’s case serves as a stark reminder of the vulnerabilities faced by the elderly and the devastating impact of addiction. It calls for a multifaceted approach involving legal reforms, better support systems, and increased societal awareness to protect our most vulnerable citizens. As we reflect on this troubling incident, we must strive to create a society where the elderly can live with dignity and security, free from the threat of exploitation by those they trust most.  

Full Article & Source:
She steals over $25,000 from her sick and fragile grandmother to gamble online.

Saturday, November 23, 2024

Emergency hearing may determine control of Life Care Centers of America as case claiming owner’s mental disability grows

by James M. Berklan

Life Care Centers of America owner, founder, CEO/Chairman Forrest Preston, circa 2003 (Photo: Max McKenzie/LCCA)

An emergency hearing Wednesday may determine who will hold decision-making control over the nation’s largest privately held nursing home chain.

Aubrey Preston, a son of Forrest Preston, the founder and sole owner of Life Care Centers of America, filed an emergency petition for conservatorship early last week. He alleges that Forrest’s third wife, a former family caregiver, has taken advantage of the 91-year-old, whom top company officers and close friends say has dementia and lacks sufficient decision-making ability.

Forrest Preston’s personal work assistant and two of his other three children also are among those who have attested in affidavits filed in a Tennessee court to his inabilities. They have also accused Forrest’s wife, Kim Phuong Nguyen Preston, of abusing him financially and physically.

In a pre-emptive strike against the possible naming of someone other than Aubrey as a conservator for Forrest, a supplemental filing Thursday alleged that a top company financial official has been complicit with Kim Preston in improperly moving money out of an LCCA sister company for non-company use.

Lisa Lay, whose LinkedIn account describes her as senior vice president, treasury, has been “complicit with Kim in transferring money and potentially other assets to Kim and her family while Forrest has been disabled,” according to a supplemental filing in the Chancery Court of Bradley County in Tennessee.

Esmerelda Lee, the COO and executive vice president for LCCA “sister company” Century Park Associates, said in a sworn affidavit that Lay has improperly removed money needed for Century Park’s 42 buildings at Kim Preston’s direction. 

LCCA owns and/or manages more than 200 facilities and employs more than 30,000 people nationwide. As sole shareholder of LCCA, Forrest Preston is worth an estimated $1.2 billion.

Millions of dollars worth of real estate and cash have already flowed toward Kim and a sister and brother, Aubrey Preston’s court filings claim.

Pressure, rerouted funds

“Lisa does as Kim instructs without fail,” Lee said in her affidavit about Lay. Lee said that Century Park funding for capital projects has allegedly been diverted by Lay directly to Kim and Forrest. 

Subsequently, Lee said, she then must meet with Kim and Forrest “almost monthly” to receive funds to run the buildings, with meetings sometimes lasting up to eight hours.

“I am usually berated and questioned by Kim as to where the cash went and Kim has also falsely accused me of mismanagement of and theft from Century Park,” Lee added. “Forrest cannot understand what is going on in these meetings and cannot focus or stay on the topic of conversations …” 

[Editor’s note: In a separate sworn affidavit filed Monday that became known to McKnight’s only on Tuesday, Lay stated that she has never been asked to serve as a conservator for Forrest Preston and “would not agree to serve in that capacity if asked or appointed.” She also says she endorses Aubrey Preston for any such appointment that may be made. Commenting on Century Park accounts, she said that she is “obligated to follow, and have always followed, Forrest’s instructions regarding the accounts,” adding that she has “no independent discretion regarding the accounts.” “In performing my duties at Life Care, I have never reported to or taken direction from Kim Preston,” she added.]

Also filing an affidavit questioning Forrest’s mental competence was John F. McMullan, a personal friend for 50 years, as well as a business confidant and a former LCCA board member for 30 years. Preston at one time named him the executor of his estate in his last will and testament and gave him power of attorney, McMullan said.

“I believe Forrest is mentally incompetent and under the control and influence of Kim, which she is misusing to alienate Forrest from his friends and family, including me,” he said. He endorsed Aubrey Preston as a conservator, a position Forrest once told McMullan he should take himself if needed.

In her affidavit, personal assistant Janice Seay described a day when Kim Preston menaced Forrest with a fist, threatening to “knock out his other tooth,” during a meeting with a vendor who later “expressed grave concerns about Kim’s behavior.” Lay instructed Seay not to tell any other Life Care leaders about the incident, Seay said.

It was also during that nearly day-long meeting that Kim never took Forrest to the restroom after he requested such help, Seay’s affidavit said.

Another affidavit was filed from Gaye Harris, Forrest’s step-daughter. She said that she personally witnessed Kim — who at the time was hired to take care of her mother, who had suffered a stroke — “grab Forrest’s crotch in a sexually suggestive manner on multiple occasions.”

Family matter or corporate peril?

Wednesday’s hearing had originally been scheduled for Nov. 12, but was apparently delayed at the request of Forrest Preston’s legal team. In a recent article in Forbes, one of his attorneys told the business magazine that current events are “a private family matter” and that the company was “financially sound with good management in place.”

In the emergency appeal for conservatorship filed Nov. 4, Life Care President Todd Fletcher and CFO Steve Ziegler each testified that Forrest Preston had been missing from work for weeks or months at a time and is “mentally disabled” and unable to make important decisions.

The result, they each contended, has put Forrest’s health, and that of the company, at great risk.

Aubrey Preston first filed for conservatorship on Oct. 29. That resulted in a local judge ordering medical exams and interviews of Forrest Preston out of the presence of his wife. Those did not proceed over Forrest’s objections.

Aubrey filed the emergency request after it was discovered that Kim Preston had entered LCCA’s headquarters in Cleveland, TN, after hours one night for no apparent business reason and also had asked for help in updating Forrest’s passport.

Full Article & Source:
Emergency hearing may determine control of Life Care Centers of America as case claiming owner’s mental disability grows

See  Also:
UPDATED: Court shifts emergency control of Life Care Centers of America to owner’s son

Son seeks conservatorship for Life Care’s Forrest Preston

Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

‘Disabled’ Life Care Centers owner resists medical, competency tests, son applies for emergency conservatorship

Emergency Petition Seeks to Expedite Conservatorship for CEO of Nursing Home Giant Life Care Centers

Don’t let this happen to you

Friday, November 22, 2024

UPDATED: Court shifts emergency control of Life Care Centers of America to owner’s son

by James M. Berklan 

Aubrey B. Preston has been named emergency conservator for his father Forrest Preston, the founder and CEO of Life Care Centers of America. (Photo: Leiper’s Fork Foundation)

A Tennessee chancery court judge has granted an emergency conservatorship request by Aubrey Preston to oversee the financial affairs of his 91-year-old father, Forrest Preston, the founder and sole owner of the giant Life Care Centers of America nursing home chain.

It marks the first time that control of the 200-plus long-term care chain has resided with anyone but billionaire Forrest Preston since he founded the Cleveland, TN-based company 54 years ago.

An estimated 20,000 residents and families are served each day by LCCA’s approximate 30,000 employees across 28 states.

Wednesday’s decision came during an emergency hearing precipitated by what Aubrey Preston, among others, called the financial and potential physical abuse of Forrest, who has been described as suffering from dementia and is mentally incapacitated. 

Forrest’s third wife, Kim Preston, and two of her siblings, have been accused of isolating him from other family members, inappropriately asserting themselves in company business and manipulating the transfer of millions of dollars of real estate and cash to themselves personally in the period since Kim and Forrest were married seven years ago.

Neither Forrest nor Kim Preston were present at the hearing before Bradley County Chancery Court Chancellor Jerri Bryant, who granted each of Aubrey Preston’s emergency requests

Aubrey now has at least temporary control over Forrest’s personal and business financial matters. A hearing concerning permanent conservatorship is scheduled for Jan. 13-15, 2025.

Until then, the 65-year-old will have all decision-making powers that his father previously had as CEO, lone shareholder and board chairman of LCCA. He has been directed to work in coordination with the company’s CEO and CFO, who have pledged their support.

Aubrey also will have control over personal spending and veto power over anything Kim and Forrest want to spend above $25,000 weekly, explained Aubrey Preston attorney Gary R. Patrick in an interview with McKnight’s Long-Term Care News.

“We are very pleased with the outcome. We have a substantial number of witnesses that know and are willing to testify about things that happened in the past,” Patrick said, looking ahead to the full-time conservatorship hearing.

Also as part of Wednesday’s ruling, Aubrey is to be granted daily access to Forrest, outside the presence of Kim Preston and others, as desired; Forrest’s grandchildren will have the same consideration weekly. Patrick said one such meeting between Aubrey and Forrest had already taken place and was amicable.

The only defense against the conservatorship bid Wednesday was an affidavit Forrest Preston’s attorney filed containing a sworn statement from an osteopath who has been Forrest’s personal physician for four years.

“Mr. Preston’s attending physician did say, by affidavit, that he is in good health considering his age,” an attorney William H. Horton, told McKnight’s Wednesday afternoon.

Nearly three weeks ago, a judge ordered Forrest to undergo cognitive and medical tests, which have not been done, Patrick noted.

“This osteopath never said he administered a cognitive test, nor that he was qualified to do so,” Patrick said Wednesday. “We have no idea how he came to the conclusions that he did, saying that Forrest doesn’t need help or assistance. That was the thrust of their argument. There was nothing to support any of their arguments.”

Horton noted that Aubrey’s status is “an interim appointment and is limited in scope at this point.”

“The final hearing is set in mid-January to allow further evaluation of what needs to be done for a reasonable and fair resolution,” he added. “No testimony has been taken at this stage and no court ordered examination has occurred at this point.”

A call to an attorney representing Kim Preston was not immediately returned Wednesday.

‘Always about protecting Dad’

Kim Preston was a hired caregiver for Forrest’s second wife, Kathleen, who suffered a stroke. In 2018, less than two years after Kathleen died, the then-85-year-old Forrest and 49-year-old Kim were married without his family’s knowledge, according to filings seeking the conservatorship. 

Forrest Preston is worth an estimated $1.2 billion, according to the most recent Forbes estimate.

“We’re grateful that the court looked at the facts of the situation and determined that an emergency conservatorship is the right course of action,” said Aubrey Preston in a statement emailed to McKnight’s. “First and foremost: This has always been about protecting Dad and helping him age with dignity, without being taken advantage of. Additionally, this is about ensuring that Life Care is stable and able to operate without interference.”

He said that LCCA has an “outstanding” management team remaining in place.

“They’ll have the support they need going forward,” he continued. “Today is an important day. But we know there’s a lot of work to do in the coming weeks and months to fully support Dad and the company.”

LCCA President Todd Fletcher (a nephew of Forrest Preston), the company CFO and other top officers filed sworn affidavits in favor of the conservatorship. They testified that Forrest’s inability to comprehend or conduct business matters had hindered operations and put the chain’s viability at risk. 

They also said that his wife had badgered and threatened company leaders, sometimes flashing a gun, and had kept Forrest away from business matters for weeks and months at a time.

Aubrey and those under his direction also will have the power to audit past spending and asset transfers. He and his legal team have alleged that houses and cash have improperly been transferred to Kim and her brother and sister.

Reluctant litigant

Aubrey Preston has owned and operated long-term care facilities for decades, though he has not worked directly for LCCA since serving as his father’s director of acquisitions as a young adult. In the conservatorship filings, he has said he will move temporarily from Colorado to Tennessee to oversee LCCA affairs.

He describes himself as a reluctant participant in the legal action who was compelled to act after hearing disturbing reports from company officers and others.

Aubrey Preston is the founder and chairman of the Leiper’s Fork Foundation, where he is described as an entrepreneur, philanthropist and preservationist. He and his mother, Cora, Forrest’s first wife, were original land donors to conserve acreage in Leiper’s Fork through The Land Trust for Tennessee.

Among those endorsing Aubrey to become conservator via sworn affidavits were two of his three siblings, Forrest’s step-daughter, and a best friend of Forrest who was once named his executor and prospective conservator, a role he now says he does not desire.

McKnight’s attempts to reach Forrest and Kim Preston directly have been unsuccessful. Media reports about the conservatorship filing have quoted Forrest as saying the legal challenge is an internal family matter that could and should be determined without court action, outside of the public limelight.

Full Article & Source:
UPDATED: Court shifts emergency control of Life Care Centers of America to owner’s son

See Also:
Son seeks conservatorship for Life Care’s Forrest Preston

Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

‘Disabled’ Life Care Centers owner resists medical, competency tests, son applies for emergency conservatorship

Emergency Petition Seeks to Expedite Conservatorship for CEO of Nursing Home Giant Life Care Centers

Don’t let this happen to you

Monday, November 11, 2024

Don’t let this happen to you


by John O'Connor

My colleague Jim Berklan has been covering one of the year’s most compelling and troubling stories in long-term care: the unfolding saga of Forrest Preston, the 91-year-old founder of Life Care Centers of America.

New details emerging from Tennessee sound like something out of a soap opera. Since marrying his third wife, Kim, nearly 40 years his junior, Preston’s life and business have reportedly spiraled into chaos, according to a court complaint by his son, Aubrey.

Allegations range from restricted family contact to questionable financial transfers benefiting Kim and her siblings. Fears of a planned exit from the country and a recent passport renewal attempt have escalated the situation further.

The court has now ordered a legal guardian to assess Preston’s mental health, while Life Care’s leaders warn of operational disruptions, morale issues, and financial risks stemming from Wife Number Three’s influence over Preston.

The story will likely resonate with many nursing home operators, as countless facilities were founded and are still run by aging visionaries. The occupational risk here is founder syndrome — a condition often rooted in deep emotional investment. Symptoms can include excessive control, micromanagement, and a reluctance to plan for succession. Left unchecked, founder syndrome not only weakens operations but also exposes companies to serious risks if a founder’s health falters.

Here are five ways to help protect your organization from a similar fate:

Embrace succession planning early

Every organization needs a clear plan for leadership transitions. Founder syndrome often thrives in environments where succession planning is seen as a threat rather than a necessity. By actively working to groom potential successors and formalize a transition plan, founders can prevent their departure from becoming a crisis.

Establish a robust, independent board

Boards should be empowered to act in the organization’s best interests — and that means being able to provide oversight and checks on founder-driven decisions. By ensuring that no single individual holds outsized control, companies can safeguard against rash or irrational decisions that may emerge in later years.

Create boundaries and delegate authority

Founders should work to delegate authority and establish boundaries within the organization. Not only does this help the company prepare for a future without them, but it also encourages a healthy organizational culture where leaders can emerge, and the business can operate autonomously.

This case also underscores the importance of legal and financial protections. Business and personal finances should remain distinct, and proper legal documentation can help protect assets in case of familial or personal disputes. Transparent accounting and clear policies around asset management are essential.

Be open to retirement and life transitions

Letting go is difficult, but aging is an inevitable part of life. When a founder refuses to step back, they risk not only harming their company but also their legacy. Preston’s story serves as a reminder that maintaining full control into one’s twilight years can lead to serious and possibly irreversible damage.

Whether or not the company can weather this storm remains to be seen, but it stands as a glaring example of the risks associated with founder syndrome.

For today’s nursing home operators, the message is clear: don’t wait until it’s too late to put safeguards in place.

John O’Connor is editorial director for McKnight’s.

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Don’t let this happen to you

Tuesday, September 17, 2024

Elder Eyes Wide Shut

By Jaimee K Martello 

World Elder Abuse Awareness Day was on June 15th.  Father’s Day was June 16th.  Many are not aware of WEAAD.  I only know it exists because of a book I started co-writing with a friend.  A legal guardian and conservator have hijacked her father’s life and estate and she cannot get him out.  To date over half a million dollars have been billed to estate; he is drugged to incapacitation so that he cannot defend himself in court.  My friend, his daughter, is terrified and panicked.  Fighting with every cell of her energy that has not been killed in the process against the system.

It is consuming my thoughts and destroying my perspective on reality.  I had a sit-down with my parents to pass along what I learned about elder abuse through this project.  I had to warn them.


My friend, who I will call Lilly to protect her and her family, is amidst a legal battle with her sibling and a cabal of lawyers over the legal guardianship and conservatorship of her 74-year-old father, though he can still make decisions.  His decisions are neither recognized nor respected by the family courts.  As Americans, we complain about our presidents being in their 70s or 80s, but our parents are pretty damn young, smart, physical, and capable at 70.

Lilly explains her father’s life had been kidnapped.  Sacrificed, slowly, for the cash cow underbelly of the legal system.  His bank accounts have been drained.  Property for sale.  Her bank account is near zero as she spends the only dollars left fighting for her dad against his conservator and legal guardian.  This week she received a petition against her home.  She co-owns a condo with her dad, and they want it.  By technicality, they have that legal right.

My jaw is dropped and I have a perpetual pit in my stomach.  I fear for her but I also tread with caution.  Is this real?  Lilly keeps saying it feels like a movie, when I remember… I’ve seen this movie.

I Care a Lot, starring Rosamund Pike, dropped on Netflix in 2020.  It is a horror movie veiled by black comedy.  How many more horrors could we take in 2020?

The IMDB logline is “A crooked legal guardian who drains the savings of her elderly wards meets her match when a woman she tries to swindle turns out to be more than she first appears.”  It does not say “Based on a True Story.”

Was my old friend, Lilly, feeding me a story?  We don’t live in the same state and haven’t seen each other in a while.  Was she plugging a controversy into ChatGPT and reading it back to me?

As a writer and content producer, I attempted to write a memoir treatment to help her expose this life-altering story.  We talk for hours and hours each week.   The transference of fear I have includes the sit down with my parents and the countless speculation, anger, and sadness my husband must endure.

In 2021, Esquire quoted J Blakeson, writer and director behind I Care a Lot. “The idea first came when I heard news stories about these predatory legal guardians who were exploiting this legal loophole and exploiting the vulnerability in the system to take advantage of older people, basically stripping them of their life and assets to fill their own pockets.”

This is real, and yet, I had a hard time suspending my disbelief.  I ignorantly believed the world was just.  Scratch the silver screen.  This is happening, and hiding, in plain sight.

Lilly told me about her struggle to find a lawyer to help her.  Criminal law would not touch her case.  Everyone pointed to elder law.  She followed their advice and held confidential consultations with three elder law attorneys, but no one took her case.  Instead, one took that information and colluded with her sibling to take action on her father’s estate.  The first lawyer nominated the second one to represent her father’s temporary legal guardian and conservator until the third was nominated to be his permanent conservator.  By the book, any court-appointed justice would deem this is as unethical.  100 percent a violation of the lawyer-client code.  But this crime is layered and seems to be protected by the courts.  But we must swear and solemnly affirm that what we shall state shall be the truth, the whole truth, and nothing but the—

They took the very truths and words against her.  Framed Lilly as the abuser and the reason her father should be under a legal guardian.  While having their cake and eating it too, they rarely know the life inside of a jail cell, or a life removed of agency.  God bless we live to an old age, but god be damned if we get taken by this scandal.  That our lives can be stolen, frozen, and drugged.  For profit.

I went into research mode.  I found several documentaries and news stories attempting to blow the whistle. Mickey Rooney produced a documentary on elder guardianship and exploitation in 2012 called Last Will and Embezzlement.  Headlines pick up the Wendy Williams conservatorship daily.  The #FreeBritney Campaign was a viral sensation.  Mad in America has an informative interview, “’A Playground for Predators’: Diane Dimond on The Abuses of Guardianship.”  Dimond includes too many true stories on the topic, and lists many resources and knowledge to help blow the whistle.

In 2018, true crime director Billie Mintz released The Guardians, an expose on a legal kidnapping business in Nevada.  I had a visceral reaction.  The lawyers, the courts, the nursing staff, and the victims spit lyrics verbatim of what Lilly had told me.  I cold-called the Mintz.

I’ve worked in non-scripted and editorial television since the early aughts.  I pitched my credits in hopes of verifying my ethical intent for a call.  He offered a time for the three of us to speak.

The film exposes a trillion-dollar business.  An unjust common practice that is duplicitously supported and enforced by so-called legal practices.  “Do not go to the courts,” he said on our call.  “They are in on it.”  In the deep waters of directing The Guardians, Mintz learned elder law, and the injustice and inhumane practice of legal guardianship is a calculated effort by the court, the attorneys, and the healthcare system.  He said he entered this world as I did, with reluctance and skepticism.  He could not accept this corruption as fact.  There had to be a catch.  A victim exposed why we cannot imagine these injustices to reach far and wide.  “I had to learn.  There is no universal moral code.”  I’ve been playing those words on repeat daily.  There is no universal moral code.

Lilly told Mintz her backstory.  Her father was very successful and owned many commercial and residential properties.  Her mother passed not long before and he was grieving the loss of a marriage lasting half a decade.  She and her sibling were estranged.  She was appointed, by her father, as power of attorney and health proxy if in the event it was needed.  Her sibling served her papers to remove her titles and take control of her father’s assets.

Between her sibling and a ring of lawyers, blessed by the judge again and again, her father’s financials were compromised and now out of his control. The lawyers found doctors who would willingly sign false statements that he was unable to take care of himself, and they made untrue and harmful claims that Lilly was unable to care for him.  One attorney drugged him to incapacitation so that he was medically unfit to attend the trial.  A judgment can be made without a man in court.

“This is a business.  You are a target.”  Mintz went on.  And I swallowed the harrowing truth.  There is no universal moral code.  He broke down the viciousness of this organized crime and what he learned first-hand while in production.  What is happening to Lilly is textbook.  Play-by-play.  WWE-style blow-by-blow.  The lawyers love it when you push back.  It is a drug.  If it were Vegas, the lawyers would be the house.  You can come to play, but the house always wins.  Lilly remembers a lawyer threatening her: “If you push back, we will ruin you and drain your assets.”

One of the victims in the documentary The Guardians, Julie Belshe, who lost her both of her parents, Rudy and Rennie North to conservatorship, fought tooth and nail to get the District Attorney and the Attorney General to listen, investigate and send their kidnapper April Parks to prison.  She now continues the battle by leading the National Guardianship Liberty Movement.  Belshe confirmed the cycle is a minefield of layering and lawyering.  It is built for you to set off bombs one by one, and the lawyers or the judge step in to provide a solution, one that will then destroy every ounce of faith, every dollar of cash, and every square foot of real estate.

One in ten citizens over the age of 60 suffer elder abuse.  We aren’t expected to retire until 67.  I am not advocating for presidents being at this age, but if they can rule the country, why are our loved ones at such a life-threatening risk?  We work and work and work in the land of the free and the home of the brave to wait for our social security check and now must fear someone taking it from us?  Your golden years ring different when someone else is on the receiving end of your hard-earned cash.

Belshe drew me a diagram and laundry listed the players.  “Everyone is in on it.”  Lawyers, courts, social workers, hospice, doctors, nurses, nursing homes, realtors, rehab centers, and attorney generals.  It goes on.  They wrongfully trick you into legal guardianship, identify vulnerabilities whether a rift in the family or an elder that lives alone, and then attack.  They manage a successful transfer of power to their firm, legally, then reframe your will, your property, your accounts, and your family’s character to their narrative.  They defame and defund you.

“And Lilly’s sibling is a f*cking idiot.”  Belshe said.  “He won’t get a dime.  They are playing him too.”  They spend down.  They bring in a suite of aids, doctors, and physicians that the victim does not need, bill back the hours, generate interest on your money, and liquidate your funds until the elder is on Medicaid.  They accelerate their death and cremate them.

There is no universal moral code.  Just because I am good, and I have empathy, does not mean others do.  It is the removal of our independence—one that this country prides itself on daily.  That which makes us human, more importantly.  Yet, Lady Liberty looks down on us and laughs.

I follow a lawyer/influencer on Instagram/TikTok.  The firm claims to “be different.”  And I’m in too deep not to test the waters.  I emailed them asking for guidance on a case like this.  In under two hours, I received a form letter response.  A form letter I’ve heard Lilly read to me time and time again regarding her quest for help.  After careful consideration….  We regret to…. Seek assistance from a firm that specializes in this type of practice.

The specialists are the enemy.  And I am struggling to find the heroes in this scripted alternate reality.

There are professional criminals in our system who are provided a funded playing field, and sworn into law.  I wish we could tell the whole truth, but this legal mafia is a well-oiled machine, which appears to be veiled and protected by the state itself.

Lilly and I had a call with an acclaimed journalist.  Her take was that American citizens will rally for our elders because we are all destined for their future.  We are in the early stretches of the Silver Tsunami, which is the highest percentage of elders our country has known.  This is the time to knock on the media’s doorstep.  Someone in politics would rally around this during an election year.  (Yet another one in the system capitalizing on this crime.)

Yet we’ve yet to find an investigator to help a family whose monies have been depleted.

We know there is an audience out there.  We are all subject to abuse.  I ask you, rally with us.  Share your common stories and make noise.  Suspend your disbelief and learn secondhand how our country is endorsing terroristic acts against our twilight years.

The United States Senate Special Committee on Aging estimates 1.3 million adult guardianships in the United States and an estimated $50 billion in assets under guardianship arrangements.  Try to remember you are not alone.

You do not need someone to tell you no way, oh my godI can’t believe it, who would do such a thing?  Find a social support system of others who understand and know this is real.  You need a network that says I know.  This is what we are going to do.

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Elder Eyes Wide Shut

Sunday, December 18, 2022

Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA

Officials say she stole thousands from the man and allowed his home to fall into disrepair, and nearly let him lose it.

 by Alex Costello

The Nassau County District Attorney said Luigia "Gina" D'Amore stole $150,000 from a developmentally disabled man who she was acting as guardian for. (Shutterstock )

LEVITTOWN, NY — A Levittown woman was indicted today on charges of stealing more than $150,000 from a developmentally disabled man whom she acted as legal guardian for, the Nassau County district attorney said.

Luigia "Gina" D'Amore, 57, was charged with second-degree grand larceny, first-degree endangering the welfare of an incompetent or physically disabled person, and two counts of first-degree offering a false instrument for filing. She pleaded not guilty, and was released on her own recognizance. She faces up to 15 years in prison if convicted.

“This defendant befriended her alleged victim when they worked together for the Town of Hempstead, ultimately becoming his legal guardian after his retirement and taking control of the man’s finances,” said Nassau County District Attorney Anne Donnelly. “For the next several years, this defendant allegedly siphoned more than $150,000 from her elderly victim’s accounts and failed to pay his bills, leaving him to live in a mouse-infested home. The residence fell into disrepair and was nearly lost due to non-payment of taxes. This charged conduct is reprehensible, and my office will ensure justice for the victim in this case.”

According to Donnelly, Between July 2016 and June 2019, D'Amore acted as the appointed guardian for a developmentally disabled retiree from the Town of Hempstead Parks Department. Donnelly said D'Amore stole $150,000 from the man's bank accounts without providing proof to the courts that the money was being used for his benefit, as required by guardianship.

Donnelly said D'Amore would skim money from checks the victim received, depositing most into his accounts and taking the rest in cash for herself. She also made additional cash withdrawals from his accounts, Donnelly said, and wrote checks worth tens of thousands of dollars out to "cash," which she then cashed.

D’Amore failed to provide receipts for the cash withdrawals and checks when she submitted her accounting to the court as the victim’s guardian, Donnelly said.

In addition to stealing money, Donnelly said that D'Amore failed to pay for utilities and maintenance to the man's home, allowing it to fall into disrepair. She also didn't pay property taxes on the home in 2018 and 2019, Donnelly said, leading to a tax lien being placed on the home and the property nearly being auctioned in February 2020 for non-payment.

D’Amore surrendered herself to Nassau County District Attorney Detective Investigators on Dec. 16.

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Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA