Saturday, April 2, 2011

Judge Moves John Q. Hammons Hearing to Nursing Home

The legal dispute over the care of a 92-year-old businessman moved to the nursing home where he lives on Thursday. A probate judge held a hearing at The Manor at Elfindale, where John Q. Hammons lives, rather than the Greene County Judicial Courts Facility.

The hearing was for a lawsuit filed in early March by eight friends of Hammons. The friends say Hammons' guardian, Jacqueline Dowdy, won't let them visit or call Hammons, even though they believe he wants to see them and is well enough to do so. The lawsuit seeks to have Greene County Public Administrator David Yancey appointed to be Hammons' guardian.

Public administrators handle the affairs of people who can't do it themselves and have no one else to do it for him. Hammons and his wife, Juanita, have no children, and Juanita Hammons has long been in a nursing home herself.

After the hearing on Thursday, Probate Judge Michael Cordonnier recessed the Case Management Hearing until 8:30 a.m. on April 7.

Full Article and Source:
Judge Moves John Q. Hammons Guardianship Hearing to Nursing Home

See Also:
John Q. Hammons Guardianship Closed!

KY Gov Signs Two Bills to Protect Elderly

Gov. Steve Beshear held a ceremonial bill signing ceremony for two measures aimed at better protecting elderly and vulnerable adults from abuse, neglect or financial exploitation.

Lawmakers and advocates surrounded Beshear as he signed the adult protection bills that he praised as “a step forward in safeguarding our seniors.”

Beshear said he was disappointed lawmakers failed to pass what was a priority for many of the advocates — a bill to create a registry of people found to have abused or neglected adults, similar to the state’s a child abuse registry. That bill passed the House but died in the Senate.

He and the advocates said they will continue to press for such a law. Meanwhile, they said the bills Beshear signed will provide important protections for adults who are vulnerable because of age or disability.

“This is truly a good day for those of us who work in the field of elder abuse and guardianship,’’ said Becky Smith of GuardiaCare, a nonprofit Louisville agency that helps elderly or disabled adults manage their finances.

House Bill 52, sponsored by Rep. Joni Jenkins, D-Shively, bars people convicted of abusing or neglecting vulnerable adults from managing the affairs of their victims by acting as a guardian or power of attorney. It also prohibits them from inheriting from their victims or serving as executor of their estates.

Full Article and Source:
Governor Steve Beshear Signs 2 Bills to Protect Elderly

Family Not Notified of Man's Death for 11 Days

The poor handling of William Mullins's death suggests a health-care system under siege.

William Mullins didn't have an easy life.

He was born 60 years ago with cerebral palsy and some moderate mental challenges, a somewhat lower-than-normal IQ.

As he grew older and his behaviour became more erratic, he was diagnosed with schizophrenia.

Later still, he developed diabetes and heart problems.

For a time, to his family's despair, he lived on the streets, unwilling or unable to take care of himself.

At times, though, he was able to hold a job as a parking lot attendant.

Although he wasn't yet a senior citizen, he spent his last years in the comfort of an Edmonton care centre, where people remember him fondly as a friendly man who liked music and fresh air, who always preferred to sleep with his windows open, who liked to greet people he knew with a big "Hello." His sisters say his favourite song was Don't Worry, Be Happy.

Yet this isn't a story about the difficult circumstances of Bill Mullins' life -but about the indignity of his death.

On Feb. 11, staff at the nursing home where Mullins lived were concerned enough about his failing health that they called an ambulance.

Mullins was taken to the University of Alberta Hospital and admitted to the intensive care unit. He died the next day.

Nobody from the hospital notified the nursing home. Nobody notified the Office of the Public Guardian or the Public Trustee, who together had control of Mullins's personal and legal affairs. And nobody notified Mullins's two sisters, his next of kin, neither of whom live in Edmonton. For 11 days, his body lay unclaimed in the hospital morgue -lost, like some missing piece of luggage, in a morass of medical bureaucracy.

By the time his sister Heather was finally told what had happened, by the time she arrived in Edmonton to identify her brother's body, his corpse had begun to decompose.

It's a nightmare no family should have to contemplate.

What went wrong? How did poor Bill Mullins get so lost in the system?

The vulnerable man, with his complex medical and psychiatric disabilities, was, legally speaking, a dependent adult, an official ward of the province's Office of the Public Guardian. He'd been in and out of hospital often; even if he couldn't communicate clearly by the time the ambulance got him to hospital, his legal status and contact information for the guardian's office should have been part of his medical file. When he died, the appropriate protocol would have been for the hospital to notify the guardian's office, and for the public guardian, in turn, to notify the next of kin.

Full Article and Source:
A Man Died, and for 11 Days, His Family Wasn't Notified

Friday, April 1, 2011

'So, What Have You Learned as a Legal Intern?'



Source:
Xtranormal

72-Year-Old Man Takes Guardianship Case to Jury

The Vancouver (WA) Columbian reports: “As his attorney tells it, Richard Morse’s trial that starts today is about the balance between government and individual freedom. The 72-year-old man’s nursing home wants to become his legal guardian and take control of his $600,000 estate. Morse believes he’s perfectly capable of taking care of himself.

At issue is whether Morse is incapacitated and doesn’t have the ability to make decisions about his money and his care. Vancouver Health and Rehabilitation Center filed the petition for guardianship in May after Morse was staying there following hospitalization for infected leg wounds."

Full Article and Source:
Washington Man, 72, Takes Guardianship Case to Jury

Thursday, March 31, 2011

Protecting Iowa's Senior Citizens

During this video, Senator Dennis Black speaks in depth of the Bob Queener case:



Source:
YouTube: Protecting Iowa's Senior Citizens

See Also:
Update on Bob Queener Case

Caregivers and Guardian Arrested

Three people who had been caring for a disabled Utah woman who was found dead are accused of beating her, putting a pepper seed in her eye, and binding her wrists and ankles with restraints so she couldn't remove it.

Police found 22-year-old Christina Harms dead Friday in her home in the town of Kearns, about 24 kilometres south of Salt Lake City.

Unified Police Lt. Justin Hoyal says investigators found Harms' body covered in bruises and marks on her wrists and ankles consistent with the use of restraints.

An autopsy to determine the cause of death is pending, but police believe the abuse was a key factor.

Hoyal says Harms' live-in caregivers and her legal guardian were arrested and booked into the Salt Lake County jail on Sunday. No bail has been set.

Source:
Utah Caregivers, Guardian Arrested After Death of 22-Year-Old Disabled Woman

Abuse Caught on Camera

A family is planning to sue a New Jersey nursing home. They say an elderly family member died in January following physical abuse by a nursing aide.

87-year-old Mondesta Alvarado died at the Harborage Nursing Home in North Bergen, N.J. Alvarado was paralyzed and terminally ill when she was allegedly abused.

Former aide Julia Galvan is accused of repeatedly striking Alvarado. The abuse was captured on a video camera the family installed in her room after they suspected mistreatment. Galvan is also accused of removing her oxygen mask.

Criminal charges are pending against Galvan.

Source and Video:
Abuse of 87-Year-Old Caught on Camera

Wednesday, March 30, 2011

Brain Damaged Mom Can See Her Triplets

Paraplegic mother Abbie Dorn has been in the middle of a visitation battle with ex-husband Dan Dorn after he has refused to let her see their triplets after brain damage sustained during delivery of the triplets. Terry McCarthy reports with more and Russ Mitchell spoke with Legal Analyst Lisa Bloom and Psychologist Dr. Jennifer Hartstein to discuss the legal perspective and psychological effects that may be involved with the mother and children thereafter.



Source:
Brain Damaged Mom Can See Her Triplets,Judge Rules

See Also:
Abbie Dorn Court Battle Set for May 13