Saturday, April 17, 2010

Severely Disabled, Is She Still a Mom?

Abbie Dorn lies in a hospital bed in her parents' home on the South Carolina coast. A halo of dark curls frames her pale face. The pump for her feeding tube clicks softly in the quiet room.

Abbie and their father, Dan Dorn, have divorced, and Dan is raising the children in a modest Beverlywood bungalow. Abbie, 34, held her babies only once, the day of their birth. She has not seen them in nearly 2 1/2 years.

Abbie's parents have been named conservators of her estate, which includes a multimillion-dollar malpractice settlement, and are asking a Los Angeles County Superior Court judge to order Dan to let Abbie see her children. Dan has refused all requests, arguing that visitation would be too traumatic at their young age.

The bitter dispute raises questions both legal and profoundly human. What is a parent? What constitutes a parent-child relationship? How do you show children that they are loved? And can Abbie Dorn ever be a mother to her children?

In court papers, Dan, 33, describes the woman he once loved as "in a vegetative state with virtually no hope for recovery." His attorney, Vicki Greene, says, "As far as we know, Abbie is incompetent," that the case is all about her parents' wishes, that "we don't know what Abbie wants, because Abbie can't speak for herself."

Abbie's mother argues vehemently otherwise. Her daughter, Susan Cohen says, has improved markedly since "the event." She gets hours of therapy each day. She can read. She is capable of complex thought.

And she can communicate. With her smile. Her tears. And, most of all, her eyes.

Full Article and Source:
Severly Disabled, Is She Still a Mom?

Flaws in Nebraska Law Can be Fixed

Designed to protect people's assets, the Probate Courts did anything but in several cases assigned to Dinah Turrentine-Sims.

A World-Herald examination of police and court records and interviews with judges, attorneys and other conservators showed that several simple fixes could have prevented the staggering losses that Turrentine-Sims is accused of causing.

And, experts say, most of the fixes could be paid for through reasonable fees assessed against the assets of the wards whose estates would be protected.

Douglas County Attorney Don Kleine charged Turrentine-Sims in two cases. He said Omaha police are continuing to investigate Turrentine-Sims' actions. So far, misappropriations are suspected in a handful of cases.

Kleine said it's paramount that legislators and judges make swift changes.

“It doesn't take much to figure out that something is very wrong here,” he said. “This whole system was set up to protect the most vulnerable, to protect those who can't protect themselves. It failed.”

Full Article and Source:
Flaws in Nebraska Law to Aid Wards Can be Fixed

See Also:
Guardian Faces Theft Counts

Reverse Mortgage Scam

Jackson County Prosecutors say Marilyn James, 55, transferred a home she owned to an older neighbor with Alzheimer's Disease.

After James put the home in the victim's name and had power of attorney, authorities say she took out a reverse mortgage for more than $64,000 on the home.

Prosecutors say she also stole $9,000 from the elderly man's life insurance policy.

James is only the second person in the nation to be prosecuted for a reverse mortgage scam.

"It's a new type of fraud, one that we haven't seen before because this is a new program," explains Jim Kanatzer, Jackson County Prosecuting Attorney. "So, I hope I'm wrong and I hope we don't see many more of these cases but I suspect we will."

Full Article, Video, and Source:
Woman Charged With Elder Fraud

Friday, April 16, 2010

Ward Accuses Guardian of Sexual Abuse

In a case investigators describe as "tragic," a 32-year-old mentally impaired man alleges he was sexually abused by his court-appointed guardian -- a convicted sex offender -- for two years, police say.

Duane Emery Kuerbitz, 49, of Bay City is jailed on first- and third-degree criminal sexual conduct charges in lieu of a $2.5 million bond.

"It's a sad case made even more tragic since our investigation shows he never should have been placed in Kuerbitz's care to begin with, and then no one did anything about his complaints," Oakland County Undersheriff Michael McCabe said.

Court records indicate the alleged victim is mentally impaired and has had a series of guardians since childhood.

On June 1, 2007, Kuerbitz filed for guardianship in Wayne County Probate Court, where records show Probate Judge Martin T. Maher and a previous guardian, Maria Ortiz, were aware of Kuerbitz's sex offender status when he was awarded guardianship.

Ortiz, who could not be reached for comment, contested the guardian change, citing concerns about Kuerbitz and how her ward "could be easily manipulated," according to court records.

Attorney Steven Geller, appointed in 2007 as guardian ad litem to investigate Kuerbitz's request, was advised of Kuerbitz's sex crimes but still recommended the change after a private interview with the victim.

Full Article and Source:
Man, 32, Accuses Guardian of Abuse

Illinois Lawyer Charged With Financial Exploitation

Authorities Monday charged an Alton lawyer who allegedly cheated an elderly woman out of more than $137,000 after meeting her at church and offering to help her obtain a payment from a probate case.

Dennis F. Nalick, 62, was charged in Madison County Circuit Court with unlawful financial exploitation of an elderly person for allegedly obtaining a check written payable to the 81-year-old victim.

Nalick was held in lieu of $250,000 bail after he was arrested. He was arrested after Alton police obtained an eavesdrop order and placed a recording device on the victim, who talked to the suspect.

The case unfolded starting in 2006, when the victim was awaiting settlement of the estate of her mother. That case was filed in Ohio, and Nalick allegedly offered to help the woman obtain the settlement as a friendly gesture.

Full Article and Source:
Alton Lawyer Charged With Financial Exploitation

Chief Counsel for JCB Delayed Conahan Investigation

The chief counsel for the state Judicial Conduct Board ordered an investigation into former Luzerne County Judge Michael T. Conahan delayed until after Conahan testified at the misconduct trial of former county Judge Ann H. Lokuta, according to a statement the board made to a state panel investigating the county kids-for-cash scandal.

The board also accused attorney Joseph A. Massa Jr. of summarizing an anonymous September 2006 complaint against Conahan without mentioning key allegations of case fixing and suspicions about Conahan’s close relationship with former Judge Mark A. Ciavarella Jr.

Massa disputed the claims during testimony the panel Monday, saying he asked the board to authorize a full investigation of the Conahan complaint at its bimonthly meeting in June 2007.

According to the board statement, Massa instructed the board to delay the investigation until after October 2007. Lokuta’s trial, on allegations she mistreated court staff and showed up late for hearings, was expected to end in September 2007, but dragged on into April 2008, Massa said.

Asked if he was protecting Conahan, Massa said, “absolutely not.”

Full Article and Source:
Chief Counsel for Judicial Conduct Board Delayed Conahan Investigation

Thursday, April 15, 2010

Retired Judge Victimized

An elderly, retired judge with dementia was financially victimized by two women, including an Attleboro city councilor who persuaded the retired jurist to buy a $328,000 house for her, according to an affidavit filed in Bristol County Probate Court.

The women, City Councilor Kimberly Allard and Laura Hunt, separately 'have used their position of trust to take advantage of" 85-year-old former Bristol Probate Court Judge Edward F. Casey, wrote William J. Bowles in the affidavit.

Bowles, who is a long-time friend of Casey as well as a state representative, last month was appointed Casey’s temporary conservator, which means he is in charge of the former judge’s financial affairs.

Allard, who took office in 2002, disputed she was taking advantage of the retired judge, and that the purchase of the house was his idea.

"If I was some horrible woman like they are making me out to be, who wanted his money, wouldn’t I have married him and had his pension for the rest of my life? And I didn’t do that," said Allard, 39, who is married but separated, with two children.

Full Article and Source:
Court Papers: Retired Judge Financially Victimized by Two Women

See Also:
Controversy for Councilor

Guilty of Bilking Elderly Out of $1.9 Mil

A Clinton County man pleaded guilty to running a Ponzi scheme that prosecutors say bilked elderly people of more than $1.9 million.

Lavern Huelsmann, 44, pleaded guilty to mail fraud and engaging in fraudulent financial transactions.

He will be sentenced July 26. The charges carry a maximum sentence of 30 years in prison and a fine up to $500,000. In addition, prosecutors are seeking the forfeiture of $1.9 million in "funds representing the value of criminally obtained proceeds."

Full Article and Source:
Trenton Man Pleads Guilty to Bilking Elderly Out of $1.9 Mil

Ex-Judge Disbarred for Abuse More Than 30 Years Ago

The Delaware Supreme Court ordered the disbarment of a former judge who admitted earlier this year to sexually abusing an 11-year-old boy more than 30 years ago.

William C. Bradley Jr.'s disbarment was based on a "professional misconduct involving moral turpitude," according to the one-page order the state's highest court.

Neither Bradley, 72, nor his attorney, Mason Turner, could be reached for comment.

A week after resigning as Court of Common Pleas judge in January, Bradley admitted to molesting Gregory Kelly at his home: "On or about the evening of Dec. 28, 1975, and Dec. 29, 1975, while present in my home located in Townsend, Delaware, I molested Gregory Kelly, then age 11, through inappropriate sexual contact. I deeply regret any harm I have caused to Gregory Kelly and his family."

The statement, and an undisclosed cash payment, were part of a settlement arising out of a lawsuit filed by Kelly in U.S. District Court in Wilmington.

Full Article and Source:
Delaware Courts: Ex-Judge Disbarred for Abuse