In Memory of Weber

On behalf of Karen's family members and attorney: "Karen Weber’s heavenly father called her home to her eternal reward on the evening of September 17, 2008. Her family knows she is in a better place. We look forward to meeting up with her again someday, but until then, she will be greatly missed as she was dearly loved by all of us."

Karen Weber, the women at the center of a Terri Schiavo-like dispute, passed away apparently of "natural causes." Weber suffered a seizure and then a stroke and has been between an Okeechobee nursing home and a hospital. At the center of the dispute between family members was whether she was initially able to make decisions about her own care since her vocal cords were paralyzed when she had the stroke.

Ray Weber, Karen's husband of 34 years, sought to have her feeding tube removed and transferred to hospice. Weber's mother, who maintained at the time that she was alert and responsive indicated she did not believe Karen would want her feeding tube removed and filed for and received an injunction to prevent Ray Weber from proceeding.

Since that time Weber's health problems became more severe and a judge granted Weber's husband temporary guardianship reversing an earlier decision granting her mother guardianship. The hearing determining her competency was postponed.

Despite the guardianship order, an injunction the judge issued to prohibit the feeding tube's removal remained in place.

Full Article and Source:
Okeechobee woman at center of Schiavo-like case dies of 'natural causes'

See also:
Feeding tube debate comes to an end

Florida Man Battles Mother-in-Law to Remove Wife's Feeding Tube

Schiavo-like case in Okeechobee garners interest

Florida Legal Battle Involves Life and Death Debate Similar to Terri Schiavo

Relatives Claim Retaliation

Relatives who claim woman was abused say director barred them from facility

Relatives of a patient at the state-run Emily P. Bissell Hospital say hospital officials are retaliating against them for placing a "Nanny Cam" in the hospital room -- which recorded incidents of patient abuse -- by continuing to bar them from the hospital.

When Florance MacDonald and her sister suspected their 75-year-old aunt was being mistreated by staff at Bissell, they concealed a motion-sensitive video camera last month in their aunt's room. One of the incidents it captured shows an angry Bissell staffer yelling at their bedridden aunt, and slapping at her hands and face while she pleads for help.

Public Health director Dr. Jaime "Gus" Rivera, who is responsible for Bissell and two other state-run facilities, said: "The wrongdoings rose to the level of abuse -- both physical and mental -- sometimes both."

MacDonald and her sister hand-delivered a DVD of several incidents to the state's Division of Long Term Care Residents Protection -- the agency that monitors the welfare of nursing-home residents and investigates allegations of patient abuse.

But neither Long Term Care nor Bissell officials nor Rivera took action until earlier this month, after The News Journal began investigating the family's claims.

MacDonald and her sister haven't seen their aunt since Aug. 13 when Bissell Director Sue Mitchell told them in an e-mail they were no longer allowed in the facility.

Full Article and Source:
Family kept from seeing aunt at Bissell

See also:
Family says aunt abused at state-run care facility

Adele's Victimization

In an attempt to reach and help as many people as possible with the true story of Adele's victimization of elderly abuse and fraud, it has been decided to post the book "Marked For Destruction" in its entirety for free reading by any visitor to the site.

On behalf of Adele's friends, Chris and Patricia Zurillo, whose photo is displayed on the site and linked to this posting, it is felt that the importance and timeliness of this story warrants making it as available as possible. It is inconsistent with that goal to withhold its availability for the sake of its sale in PDF format for $5.49. The book in print will remain available as a retail purchase.

Please feel free to direct anyone or any organization to this site that may be helped by Adele's story.

Most Sincerely,

JP Products
Juno Pressman

FREE From Adele's Neighbors: Click Here To Read Her Entire Book

See also:
Marked For Destruction

Depleted Guardianship Estate

The estate of Vicki Peterson is suing the Department of Human Services, alleging that her financial assets were depleted during a guardianship.

The lawsuit was filed on behalf of the estate whose personal representative is Carl R. Peterson, her husband.

The filing in Tulsa County District Court alleges a conspiracy to defraud Vicki Peterson, "a vulnerable adult," of money and property.

Defendants in the civil action include the state Department of Human Services; Debra Roberts, a DHS employee identified as an Adult Protective Services specialist; and Judith Upjohn, in whose home Vicki Peterson lived.

The suit, filed by lawyer Wendell Clark, also alleges negligence and breach of a duty on the part of DHS and Roberts in failing to protect Vicki Peterson's property and assets.

The suit requests an unspecified amount of damages — exceeding $10,000 — and an accounting of Vicki Peterson's income and expenses while DHS was her guardian.

Clark said: "The purpose of the suit is to bring an uncooperative DHS into the light."

Vicki Peterson died in January. She was 71.

Full Article and Source:
Estate drained during guardianship, suit alleges

Judge Freezes Investment Account

Guardianship management questioned; hearing to be held

A Circuit Court judge has frozen an investment account of town chairman Jeff Long related to his guardianship of an estate, pending an evidentiary hearing into allegations of conflicts of interest and rendering undeserved economic benefits to family members, particularly to his sister Cheryl Long.

The petitioner, Kathleen Johnsen, who is also Long's ex-wife as well as a beneficiary in the estate, asserted in court papers that Long abused his power as the personal representative of the estate of the late Christabel Sarley.

She is seeking Long's removal as personal representative as well as reimbursement by Long of $378,761.13. Johnsen is also asking the court to direct Cheryl Long to reimburse Sarley's estate a substantial sum of money.

The discovery report maintains that over 14 years, without proper disclosure, Long favored a joint account Sarley had with his sister at the expense of Sarley's solely owned account.

Between July 1, 1992, and Sarley's death on Sept. 26, 2006, the report alleges, Sarley's account with Long's sister Cheryl grew in value by more than 295 percent, from $323,085 to $955,455, while Sarley's solely owned account plunged in value by 74percent, from $275,166 to $70,060.

After Sarley's death, the report asserts, about $378,761 of the $955,455 was transferred to an account in Jeff Long's sole name - it is that account Nielsen halted any further distribution from or contributions to pending the hearing - while the remaining assets, or $568,332.95, were transferred to an account in Cheryl Long's name.

The discovery report states that the net funds available for distribution to Sarley's heirs from her solely owned account totaled less than $51,000.

Full Article and Source:
Judge freezes account of Boulder Junction town chairman

New Study on Elder Abuse

A new study conducted at the University of Chicago concludes that nearly 13 percent of America's older adults suffer some form of abuse.

* 9 percent reported they have suffered from verbal mistreatment
* 3.5 percent from financial mistreatment
* 0.2 percent from physical mistreatment

The team of researchers, headed by Edward O. Laumann, Ph.D., based their findings on interviews with more than 3,000 community-dwelling residents aged 57 to 85.

Laumann said: "The population of the country is aging, and people now live with chronic diseases longer, So it is important to understand, from a health perspective, how people are being treated as they age."

According to the study, older adults who are physically impaired are particularly susceptible to abuse. They are 13 percent more likely to experience verbal mistreatment than those without similar handicaps. Females are nearly twice as likely to report verbal mistreatment, but no higher level of financial mistreatment, than men.

* Most abused older adults report that the mistreatment was perpetrated by someone other than a member of their immediate family.
* More than half said the mistreating party was someone other than a spouse, parent or child.
* 26 percent identified their spouse or romantic partner as the person responsible.

* A total of 56 percent of those who reported financial mistreatment said that someone other than a member of their immediate family was responsible.

At the federal level, the issue is also being recognized. U.S. Sen. Herb Kohl, chairman of the Senate Special Committee on Aging, said, "Our nation has for far too long turned its back on the shame of elder abuse."

Full Article and Source:
Barbara Quirk: Elder abuse on rise, but so is response

Saved from Government-Sanctioned Starvation

Heart attack victim Janet Rivera, who, like Terri Schiavo, was denied food and water for 11 days in July, was saved from the specter of death by starvation Sept. 9, when her brother was named her permanent conservator.

The victory marks the final win for the Rivera family who has fought unceasingly for her life since she was placed in the hands of Fresno, California government officials in June. Rivera's public guardian ordered her death by starvation in July and had her feeding tube removed.

Public outcry ensued and Rivera's feeding tube was reinserted.

Judie Brown, president of American Life League in response: "Praise God, this woman was snatched from such an excruciating death." "Janet was spared the fate of Terri Schiavo, but still we hope this case exposes the threat that hangs over us all - government euthanasia for the sick, elderly and disabled."

Source:
Disabled California Woman Saved from Government-Sanctioned Starvation

See also:
Public Guardian Replaced by Coroner

Probate Attorney Jailed

Charles Barnes has worked as a probate attorney for many years, and now he stands accused of embezzlement and forgery. Prosecutors say he spent nearly $150,000 that belonged to a client. The prosecution says he was holding the money for a family's estate, but when they tried to get it back, it was gone.

According to court records, Barnes was hired in February, 2007, to handle the probate of Faye Glenn's estate - including her checking account, transferred to Barnes' Attorney Trust Account at BancFirst.

Court records say that Barnes told investigators that he had spent the money because he had gotten into a financial hole. Investigators say that Barnes later attempted to cover his tracks by writing the family a check from his wife's account that he knew was closed. He is also accused of forging his wife's signature on that check.

According to Stephens County District Attorney Bret Burns, despite the fact that Barnes was supposed to reimburse $150,000 to the executor of the estate, Barnes had yet to do so after the probate period ended. Burns said:"So there was a large sum of money just sitting there." "They had been asking for that money back for the past year and they got different excuses, until they finally found out it was gone."

Barnes was booked into jail earlier in the week and released on a $148,000 bond - the amount he is accused of embezzling. The district attorney is asking anyone else who may have had a financial problem with Charles Barnes to contact his office or the Oklahoma State Bureau of Investigation.

Full Article and Source:
Duncan lawyer accused of embezzlement

Involuntary Redistribution of Assets

Probate instruments such as wills, trusts, guardianships and powers of attorney are being used to redistribute property in a manner contrary to the intended wishes of hard-working Americans. These are folks who mistakenly take the "bait" put forth regarding estate planning documents. Lawyers are the first to extol the need to avoid "the high cost of probate" or "government intrusion" as well as to protect one´s estate from "greedy heirs and lawyers." During this process, however, the real "switch" potential is rarely discussed. That is, members of this same industry (maybe your lawyer) turning the tables and using your estate documents to deny assets to rightful beneficiaries/heirs and instead perpetrating an Involuntary Redistribution of Assets (IRA). Disgruntled family members excluded from the plan or else wanting more than their specified share easily connect with attorneys willing to assist. It´s an unflattering reflection on the legal industry but with this backdrop, IRA actions are quietly happening everyday.

Estate planning that includes applicable legal instruments (will, trust, powers of attorney - medical and otherwise, etc.) continues to be a critical component of any financially responsible person´s life. People must, however, become aware of estate management´s dark side. The dangers posed by unscrupulous attorneys, a pay-to-play legal system and would-be looters with an inflated sense of entitlement are increasingly visible. IRA actions are affecting Americans from a variety of socioeconomic backgrounds. With the large transfer of wealth coming in the next 20 or so years, these cases will likely skyrocket. People think proper estate planning will protect them – wrong! People think they don´t have enough assets to be a target – wrong!! There is no inoculation from the threat of IRA. Forewarned, however, is forearmed.

Estate of Denial will continue to "shine light on the dark side of estate management" in hopes of educating more people regarding the dangers ahead.

Source:
Probate and Switch