Al Barnes' Care Taken Away from Wife

A court ruling Friday has taken medical decision-making authority away from the wife of 85-year-old Al Barnes, calling her "deceiving" and rebutting her claims that his severe dementia and other conditions are reversible.

While noting that Lana Barnes is "adamant and sincere" in her belief that her husband can recover, the ruling found no evidence to support her claim that he suffers from a reversible Lyme disease infection.

"He is dying, slowly and painfully," the ruling stated. "The evidence before the court establishes that no amount of medical care and treatment is going to change that."

Alternate Decision Makers, a private Minneapolis firm, will remain as emergency guardian for Barnes, at least until a March 3 hearing when a permanent guardian is elected.

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Ill Man's Care Taken Away From Wife

Read the Court Order

Shocking Surprise in Al Barnes Case

Lana Barnes entered Hennepin County Probate Court Wednesday morning determined to win aggressive care for her frail husband and remain his medical decision-maker.

Instead, Barnes possibly could face lawsuits and criminal charges after making a startling admission on the witness stand: She altered a legal document governing her ailing husband's care.

Lana Barnes testified that as guardian for her husband, Al, she felt justified in eliminating two pages of his 1993 health care directive, including passages in which he said he didn't want to be kept alive by machines.

When she admitted her 85-year-old husband to Methodist Hospital in December she provided only a page identifying her as guardian.

In several hearings over the past 10 days, Methodist has sought to remove her from that role, contending that Al is too sick to recover and that her insistence on aggressive care is incorrect and reckless.

Her admission brought a sudden halt to the proceedings, as Referee Dean Maus, Lana Barnes and the attorneys went into a closed-door meeting.

Maus later advised her to hire a lawyer. "This is a very serious matter," Maus said. "You should be careful about what you should say."

The missing two pages of Al Barnes' directive contradicted his wife's insistence that he wanted life-sustaining care. Instead, it indicated that Barnes didn't want to be sustained by respirators or feeding tubes -- devices to which he is currently connected.

"If ... there is no reasonable expectation of my recovery from extensive physical and mental disability, I direct that I be allowed to die and not be kept alive by medications, artificial means or 'heroic measures,' " the directive stated.
Lana Barnes later said her husband had changed his views.

"Al did tell me he wants to live," she said. "He said, 'If there's any chance at all, I want it.' "

No legal action was immediately taken against Lana Barnes or on the petition to replace her as guardian. Maus said he would review evidence and select an emergency guardian soon. A March 3 hearing will name a permanent guardian.

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Wife's Surprise Shakes Barnes Case

See Also:
Doctor Vs. Patient's Wife

Assisted Living Facility Worker Accused of Exploitation

A woman accused of unlawfully obtaining nearly $16,000 from a 91-year-old woman for whom she cared at a local assisted living facility was arrested and charged with exploitation of an elderly/disabled adult, according to Ocala police.

Regina Ann Weitlauf, 43, was taken into custody at her Southeast Ocala home. She was booked into the Marion County Jail and released Monday night after posting a $5,000 bond.

Weitlauf told the Star-Banner that she looked after the woman and would cash checks on her behalf, with the money always going to the woman.

When asked about the $15,698 officials say she did not turn over to the woman, Weitlauf declined to comment other than to say “I’m innocent” and to note that she has an attorney.

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ALF Worker Accused of Exploiting 91-Year-Old

Wisconsin: Convicted Attorneys Are Still Practicing

Some even have kept their licenses while serving time for their crimes

At least 135 attorneys with criminal convictions are practicing law today in Wisconsin - including some who kept their licenses while serving time and others who got them back before they were off probation, a Journal Sentinel investigation has found.

The roster includes lawyers with felony or misdemeanor convictions for fraud, theft, battery and repeat drunken driving, as well as offenses involving political corruption, drugs and sex. A child-sex offender got probation for his crime but never lost his law license. A politician convicted in a check-kiting scheme was reprimanded but also kept his license.

Another 70 lawyers were charged with crimes but succeeded in having the charges reduced or avoided conviction by completing a deferred prosecution plan. All were given the green light to practice law.

The newspaper's review, which ran nearly 24,000 Wisconsin lawyers against state and federal court records, found that lawyers who are convicted of crimes are then subjected to a slow-moving disciplinary system that operates largely behind closed doors.

Wisconsin appears to be comparatively lenient in dealing with lawbreaking lawyers.

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Convicted Attorneys Are Still Practicing

See Also:
A Dozen Lawyers Who Broke the Law

Woman Gets Probation After Stealing Over $330K

Reno artist Peggy Viola Six, 64, befriended a woman 18 years ago while they were neighbors at a local trailer park.

Six, who described 88-year-old Gayle Savage as a mother figure, helped her buy a home and a vehicle after Savage received a large inheritance in 2004. But once Savage developed dementia in July 2008, Six’s greed “reared it’s ugly head and she took advantage of Gayle Savage,” said Chief Deputy District Attorney Karl Hall. As a result, Savage is in a state-run nursing home in Carson City instead of being able to afford home health-care and own pets, he said.

In less than one year, Six and Reno real estate broker Robin Benjamin, 65, stole more than $330,000 from Savage’s bank accounts and unlawfully sold her Southeast Reno home. Six gambled more than $500 a day with Savage’s money, purchased a motor home for her personal travel, and used the rest to invest in her artistry business and other ventures suggested by Benjamin.

Washoe District Judge Janet Berry sentenced Six to probation for her guilty plea of elderly exploitation. Six was facing a term of four to 10 years, which the state parole and probation division recommended. But Berry said prison would not help Six pay back $337,166.58 in restitution for the money she stole. The exploitation increased after Six obtained power of attorney over Savage while she was hospitalized, Hall said.

Washoe County Public Guardian Case manager Pamela Johnston told Berry that the exploitation caused Savage to become a ward of the state, and the money recouped for her will run out next year. That’s when taxpayers begin footing the $8,000 monthly fee for her care through Medicaid.

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Reno Woman Gets Probtion in Elderly Exploitation Case After Stealing More Than $330,000

NY Life Insurance Agents Sued for Elderly Financial Abuse

What would you do with 20 life insurance policies? Would you even buy 20 life insurance polices? Probably not, that is, if you knew what you were doing. Mary Mullen, an institutionalized senior—in her 80s—with Alzheimer’s disease, did not know what she was doing and so relied on salesmen from New York Life Insurance to take care of her. Instead, they took care of themselves. Those 20 life insurance policies– by the way—cost $600,000—and involved a number of elaborate schemes including an arranged marriage. New York Life, for their part, apparently refuses to investigate the suspicious policies, for which “the primary motivation” was “commissions and premiums.”

The whole sorry saga, which is now the subject of a lawsuit, began in 1994, when, according to Rebecca McFarland, trustee of the Mary Mullen Revocable Trust, one John Palmateer approached Mullen representing himself as an expert in insurance and financial matters. McFarland claims he gained Mary Mullen’s trust by visiting her occasionally, sometimes at the hospital. Of course, most people at this point would ask—’what about her family?’ Well, Mary Mullen had family, but they all lived out of state. Palmateer is accused of keeping the truth about Mullen’s deteriorating health from her family.

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NY Life Insurance Agents Sued for Elder Financial Abuse

"T.S. Radio" Begins Weekly Series on Guardian Abuse

Join us Tuesday evenings at 8:CST to discuss the growing issue of Guardianship Abuse.

People across the country have had to face the unethical and immoral appointment of total strangers as guardians over their family members life, assets and medical treatment. These individuals have no connection to the patient and in most cases, no concern for their ongoing health and treatment. Guardianship amounts to giving another person ownership of another. The law is used to steal money, assets and anything else of value from the vulnerable client. Once the assets are depleted...the patient no longer has any value to the guardian. What happens then?

In the debut show, Sara Harvey updated Marti and Barb on her battle to save her husband.

Source:
The Truth Squad: Episode Notes

Note: The Truth Squad series on guardian abuse will air every Tuesday night at:

6:00 pm PST
8:00 pm CST
9:00 pm EST

Canons Uphold Dignity of the Bench

One was accused of going after a kid with a baseball bat. Another solicited young prostitutes. One directed business to a mediator in exchange for a discount on his own divorce.

All were judges punished by the Minnesota Supreme Court based on recommendations from the state Board on Judicial Standards. The board, which on average takes action against one judge a year, lately appears to be ahead of that pace.

Two Hennepin County District judges recently rejected proposed punishments and took their cases to hearings before three-member fact-finding panels.

Judges Patricia Kerr Karasov and Jack Nordby are expected to wait weeks before learning of their punishments, if any. Karasov is accused of living outside her district and lying to cover it up. Nordby is accused of making intemperate remarks during a hearing. Both have denied the allegations.

When prosecuting lawyer Doug Kelley made opening comments in the Karasov hearing, he said judges need to be held to a higher standard than most people, including lawyers. He said Karasov deserved discipline in part for her defiance during the investigation.

Those who wear the black robes must adhere to a code requiring them to "maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives." They must "aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence."

The Supreme Court's former Chief Judge Eric Magnuson said in an interview, "You have to be a better citizen. If you want the title of judge, you have to shoulder the responsibility."

Canons and rules

The conduct code includes four canons that say judges shall:

• Uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

• Perform the duties of judicial office impartially, competently, and diligently.

• Conduct personal and extra-judicial activities to minimize the risk of conflict with the obligations of judicial office.

• Not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Each canon has a list of rules, sometimes dozens. Rule 2.8 reads: "A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct." Rule 3.6 reads: "A judge shall not knowingly hold membership in an organization that practices unlawful discrimination."

David Paull, executive secretary of the board, said most of the state's 500 judges and judicial officers have no trouble following the rules. But the board gets about 1,600 letters and calls a year alleging misconduct. Of those, about 120 are formally investigated, and action is proposed in about 20 cases. Action can range from private censure to public censure, suspension or removal.

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Canons Uphold Dignity of the Bench

Charlie Sheen's Family Discusses Conservatorship

Charlie Sheen's family are considering applying for conservatorship of his estate after his most recent alcohol and cocaine binge landed him in hospital.

Although the 'Two and a Half Men' star has decided to put together a team of professionals to help him overcome his substance abuse problems, his father Martin Sheen and mother Janet Templeton are so worried about his behaviour they may apply for control of his personal affairs and vast estate.

A source told RadarOnline.com: "Charlie looks awful ... he is very, very depressed and feels like the world is going against him. Charlie's parents are discussing getting a conservatorship order.

"Martin and Janet know that it's highly unlikely their petition would be granted, but they are trying to do whatever possible to save Charlie's life."

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Charlie Sheen's Family Discusses Conservatorship