'Guardianship Fraud Awareness Month" in Palm Beach County, FL

At the Board of County Commissioners meeting on Oct. 4, 2011, Commissioner Aaronson presented a proclamation declaring October 2011 as “Guardianship Fraud Awareness Month” in Palm Beach County. Pictured above (l to r): Anthony Palmieri, Commissioner Burt Aaronson, Clerk and Comptroller Sharon Bock, Alan Bray.
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Guardianship Fraud Awareness Month

WI Family Accused of Leaving Protector to Die

The quote next to Mary Coleman's 1957 Reedsburg High School yearbook photo reads "speech is silver, silence is golden."

Indeed, Coleman lived in quiet solitude, spending decades helping her needy sister and troubled nephew in a modest two-story Madison home. When not working, she tended to them, foregoing all else to see to their needs.

Then, as quietly as she lived, the 70-year-old woman disappeared.

It would take months to discover Coleman was at her family's house all along: In August 2009, investigators found her mummified remains in the home's garage.

Investigators said Coleman fell and her sister and nephew, Veronica and Steven King, left her dying on the floor for two days while they watched television and ate fast food.

Over the next three months, Veronica King withdrew thousands of dollars from a shared bank account to which Coleman's pension and social security payments flowed.

Prosecutors, however, didn't file charges. The case languished for more than two years and a judge eventually approved tens of thousands of dollars more in life insurance payments to the Kings, whom Coleman had named as her beneficiaries.

Not until last month, after review by a new prosecutor, were the Kings charged with any wrongdoing. They're due in court Monday on counts of first-degree reckless homicide, financial fraud, subjecting an at-risk person to abuse and hiding a corpse.

Full Article and Source:
Family Accused of Leaving Protector to Die

NASGA Affiliate's Petition Collects Its 100th Signature! More Needed!

NASGA Affiliate Tom Fields created this petition with one purpose in mind, to guarantee for all the justice which he and others, including many of NASGA's members, have been denied.

According to Fields, this petition addresses a common injustice practiced by authorities according to which the criminal complaints of its citizens are routinely dismissed as civil complaints, often without even attempting an investigation of the facts.

According to Fields, without the Constitutional guarantee sought by this petition, too many of us have been denied the justice which we believe our Constitution guarantees us, especially its FIFTH and SEVENTH AMENDMENTS, according to which

• No person shall be ... deprived of life, liberty, or property, without due process of law, and

• In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ...

By means of the Constitutional guarantee sought by this petition, due process of law will require just what this guarantee says in all matters, both criminal and civil.

Fields believes many of NASGA’s members will want to sign this petition. He also believes it is important for them to do so, and do so quickly. Why? Because this petition needs 50 more signatures in order for the White House to include it with other petitions under its Open Petitions tab.

Finally, Fields notes several of those who have signed encountered various difficulties while trying to sign. A major difficulty was created by one ISP, which had been inadvertently blocking the e-mails which the White House sends to confirm the identity of the person creating the account needed to sign the petition. Fortunately the ISP cooperated to identify and resolve the difficulty.

Anyone who needs help signing the petition or wants more information about it should call (440/255-7693) or write (tvfields@oh.rr.com) Fields.

Sign the Petition

See Also:
White House Creates Website for Online Petitions

Keeping Meticulous Books a Blessing When Taking Over Finances

Peter Smith took over his dad's financial affairs at the beginning of 2010. He took notarial copies of the power of attorney document to his father's financial adviser and banks, provided a doctor's letter confirming his father's incapacity to anyone who asked for it. He then started writing cheques and collecting his dad's pension payments. So far, so good.

He wanted to do the job right, and after six months of handling his father's affairs he made an appointment to get some advice from a lawyer. The lawyer asked him to bring in the books he was maintaining for his father's money.

"What books?" Peter asked.

It turns out that an attorney is expected to keep books and detailed records. Those books would normally begin with a statement of everything his father owned and its value as of the date Peter took over. The books would then give an annual history of "all amounts received and disbursed." That means a detailed day-to-day statement of each dollar spent on his father's behalf or received for his benefit.

An example of an amount disbursed might read: "September 1 - Paid $1,219.21 to Green Acres Personal Care Home." An example of an amount received might read: "September 6 - Received $2,590.56 from Civil Service Superannuation Board - Pension payment."

At the end of each year an attorney like Peter is expected to reconcile everything. That means showing the closing value of all of the assets, and tying in all of the money that went out and went in so everything hangs together.

As backup, he was also expected to have receipts, cancelled cheques, bank statements and the like, and have all of that organized and ready to produce.

If that sounds like a lot of work, it is. Some folks don't bother.

They should. Why? There is often a day of reckoning.

Full Article and Source:
Keeping Meticulous Books a Blessing When Taking Over Finances

Don't Let Oregon Courts Silence the Press

It will be interesting to see how this censorship attempt of Salem-News.com will really go. This is an important time for all in media, because a court interpretation of the 'truth' obtained through a court order that itself is in question, should never be allowed to silence us, particularly when the information is fully attributed to a named source.

One thing I am wondering about is whether Mr. Brooks expected this case to end up in front of a jury, which it probably will. I suspect not, and that Mr. Cooper really should be more selective of his clients.

Interestingly, jurors aren't part of the 'system', and not exactly who a ruthless litigator can typically count on. In other words, the truth can win the day with the public and there is little these two men can do about it, and I really am excited about the prospect of being able to defend Ms. Boldt and our American Civil Right to free speech. That is what Mr. Brooks is trying to place his foot on top of, and I can only assume he has no idea what he is dealing with.

Erna [Boldt] explains that [her son] Leroy came to visit a few years ago from California, and when he did, he brought a friend. Erna didn't suspect anything, even when Leroy suggested he and Erna go to lunch because his, "friend was tired and wanted to lay down". He and Erna went for lunch, and his 'friend', Erna says she later discovered, promptly began going through her files to find the information they would use in court to deem her incompetent.

Erna believes she earned the disdain of the Clackamas County court officials because, quite frankly, she can be pretty feisty, and who would not be?

There are no terrible stories of Leroy's childhood according to any of the parties we have contacted, or received contact from, and he had not been estranged from Erna, until he took court actions against her.

Court documents show that Erna has seen a failure in cooperation from the Clackamas County court. Erna can produce documents demonstrating that they lost papers, failed to fulfill promises, and apparently just failed to fulfill their obligations to her as public tax paid servants.

I call foul on the whole thing, including these very questionable judge's decisions that allowed Leroy to clean up and Erna to lose in one of the most unforgivable ways ever imagined. Just because something can be done legally does not mean that it should be done. Wrong is still wrong.

Full Article and Source:
Don't Let Oregon Courts Silence the Press



Note: Erna Boldt is a NASGA member.

Nursing Home Volunteers ~ The Elderly are from Heaven

"When a person is admitted into a nursing home, they experience many losses.

Not only is their independence, freedom, and family gone, they also feel a loss of control of their lives, dignity, and the interruption in daily routines can be emotionally tormenting. They also feel extreme boredom. Family, for a lot of them, never come to visit.

Most of them would be very accepting of you and would be glad and appreciative of the time you spend with them. So to get started you can find a nursing home near you and talk to the Activities Director and ask them if there is anyone in particular that could use the companionship. Also ask for ways that you can volunteer. It is so worth it, because doing this is very rewarding, relaxing and fun." ~ Unknown

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Facebook: The Forgotten Ones - Compassion for the Elderly

A Heartbreaking Story of Guardian Abuse - Part IV

This is the fourth article in the continuing “Heartbreaking” series on the Dorothy Wilson elder abuse case at the hands of law guardian, Mary Giordano, of the Franchina and Giordano law firm. Most of the antics have been approved by the “honorable” Judge Joel Asarch, of the NYS Supreme Court in Mineola, NY, including the obvious bias against Diane Wilson, who has been the only one of Dorothy’s children fighting to help her.

Almost all of this would have been less complicated if Diane’s siblings would have tried to be of assistance. Instead, each of them stated in court that their mother would be better off in a nursing home, rather than at their sister’s. However, when Dorothy asked Diane’s sister on the telephone, several times, what she was doing to help her, she was allegedly told that this child was frequently making calls to the law guardian to help her. In court, at the last conference, where Dorothy was disallowed to attend, Dorothy’s son admitted not visiting his mother since she had been locked up in the latest facility. From an outsider’s perspective, they are using their family dissension as an excuse to provoke more problems for their mother. It is clear that the venom felt towards Diane’s close relationship with her Mom has fueled much of their antagonistic and greedy behavior.

When you have a situation where people in high positions seem to bend and break the laws, it takes all hope away from the victims and those helping them. Since researching and questioning a variety of people about this case, and other law guardian abuse cases against the elderly and sick, I am finding that the only thing that is truly sick is how much they get away with. Most people, in general, are afraid to get involved in correcting this serious situation. It appears that millions of dollars are basically stolen each year from the people who the guardians and judges are supposed to be in a position to protect.

I had the privilege of seeing Dorothy Wilson on October 7th. Keep in mind that one of the vague reasons that has been used to incarcerate her in a nursing home--against her will--is because of her mental state. Dorothy has some dementia; not a fact that anyone has tried to hide. However, the last time I saw her was over six months ago, she seemed very alert, albeit with some short-term memory issues. As I walked in the door to her room, she immediately knew who I was. Just as earlier in the year, she would have slight lapses in memory, but once reminded with a few words, Dorothy would expand in detail about whatever we spoke about.

It was very difficult seeing her sitting in a room by herself. Although the facility she is in is very nice, the room gave off a depressed energy. Granted, I am much more prone to feeling things like that then the average person is, but it still made me feel like I was suffocating; as though life was being drained from me. I could only imagine what Dorothy feels as she awaits the judge to do the right thing and free her from what she sees as a prison sentence.

Full Article and Source:
A Heartbreaking Story of Guardian Abuse - Part IV

See Also:
Heartbreak of Elder Abuse Continutes

Join the SAVE DOROTHY WILSON - Legally Kidnapped Facebook Page

After Abuses,Probate Reform Looms

Sweeping proposals designed to provide greater protection and accountability for the finances of incapacitated people and estates in probate are making their way through Arizona's court system.

The proposals are a result of widespread media reports of lawyers and fiduciaries mismanaging and depleting the life savings of men and women, mostly frail elderly, while charging high fees. The Probate and Mental Health Department of the Superior Court was designed to protect some of the state's most vulnerable people.

Advocates of reform said probate judges lacked the background and experience necessary to render fair rulings. And they said disputes between relatives often lasted months, if not years, in the system.

Jayme Mason, of Phoenix, was one of those engaged in a protracted probate battle. For four years, she disputed the way in which her grandmother's care and estate were being handled. During that time, Mason claims most of her now 93-year-old grandmother's property and possessions — once worth $2 million — were spent or devalued. Even her valuable coin collections disappeared.

Just how many of these heart-wrenching, complex cases of abuse have occurred in Arizona is not known. There are no statistics or estimates.

"There were just a few of those cases, but they were high-profile and … heartbreaking," said Arizona Supreme Court Chief Justice Rebecca White Berch.

As a result, Berch appointed a 19-member commission of jurists and laypeople last year to recommend ways of improving judicial oversight and processing in probate courts. The committee looked at probate systems in at least five other states — Texas, Florida, Minnesota, California and Idaho. Some of the proposed reforms are Arizona's alone.

Court officials now are making their way through the commission's proposed reforms in its 432-page report.

The proposals include:

•Requiring "good faith" cost estimates for services and expenses, budgets and monthly statements to avoid any sticker shock at the end of a year.
•Setting fee guidelines for probate lawyers and fiduciaries.
•Creating a first-in-the-nation sustainability review by the courts to determine whether a person's assets would be sufficient to cover expenses during his or her normal lifespan. Future decisions on expenditures would be made accordingly.
•Instituting a follow-up system by the courts to ensure that individuals are being treated properly.
•Implementing training programs for those involved in probate cases. The cost of the proposals has not been determined.

Full Article and Source:
After Abuses,ProbateReform Looms

Note: Jayme Mayson is a NASGA member.

Guardian Accused of Causing Death of Disabled Woman

Cassandra Shepard told police she had moved from South Dakota to get Nina away from a life of abuse.

Prosecutors say it followed the woman here.

As paramedics worked to save Christina “Nina” Harms’ life on the afternoon of March 25, Shepard told police that Harms had been acting out again, that in a tantrum she had held her breath until she passed out.

But as investigators looked at the scene — the bandages on Harms’ hands and arms, the ligature marks on her legs — they began to look at Shepard as a suspect.

“We came to the conclusion that things just weren’t adding up,” Paul Nielsen, a former Unified Police detective, said Friday during a preliminary hearing in 3rd District Court.

After hearing from police and medical experts, Judge Randall Skanchy took the case under advisement. He will rule at a later date whether Shepard, 20,should stand trial for the murder of the woman for whom she had promised to care.

Deputy Chief Medical Examiner Edward Leis, who performed the autopsy on the 22-year-old Harms, testified the woman was severely dehydrated and had toxic levels of a sedative, possibly Benadryl, in her system when she died.

Harms had a series of bruises on her body. Her hands were wrapped tightly in bandages to cover a series of wounds. And she had a pepper seed in her right, lower eyelid, Nielsen said.

“I didn’t do those,” an emotional Shepard told her attorneys after prosecutors showed a picture of the wounds on Harms’ arms. “I didn’t do those.”

Shepard was awarded legal guardianship of Harms after Harms’ mother, a relative of Shepard’s, died in 2008.

Police say Shepard and two other adults in the home locked Harms in a closet, at times binding her crucifixion-style to a pole there. Investigators have said that closet had an alarm system and a knife stuck in the door to prevent Harms from getting out. Inside the closet was a piece of cardboard with remnants of feces and urine and some air fresheners.

Full Article and Source:
Guardian Accused of Causing Death of Disabled Woman