Washington State Guardian Accused of Stealing From Elderly Clients

A 61-year-old Sedro-Woolley woman pleaded not guilty to charges accusing her of stealing money from at least two of her legal guardianship clients.

Sharon Nielson is accused of more than $370,000 of suspicious financial activity in her handling of two clients’ bank accounts between 2009 and 2011, according to police reports. She is charged with four counts of first-degree theft and one count of money laundering.

Nielson was the legal guardian of an 88-year-old Anacortes woman and a 77-year-old Sedro-Woolley man, both of whom lived in nursing homes, court documents say.

An audit of the woman’s finances after Nielson was removed as her guardian revealed more than $92,000 of unauthorized expenses from the woman’s estate, including payments to casinos and writing checks for cash to herself and her business.

She is also accused of writing checks for thousands of dollars to herself from the Sedro-Woolley man’s account.

Nielson appears to have used multiple accounts to conduct payments on behalf of her clients, making it hard to determine which transactions were on behalf of her clients, payments for her services and for her personal use, the affidavit said.

Full Article and Source:
Guardian Accused of Stealing From Elderly Clients

See Also:
In the Matter of Sharon Nielson, CPG: #10082
In the Court of Appeals in the State of Washington

Bad Behavior Behind the Bench

Mary Chrzanowski is a no-nonsense judge. Some have called her "Scary Mary", accusing her of being out of line on many occasions.

FOX 11 Legal Analyst Robin Sax says it may be hard to believe, but bad behavior behind the bench is not an isolated problem. She says, "Over and over, I'm seeing cases where judges love to grand stand and love to make the opportunity to make their own career. You can't forget that judges before they were judges were lawyers, and while we expect them to act with dignity when they put on the black robe. Sometimes they just act like lawyers."

In order to fix this, Robin says, "My advice to people out there who are experiencing bad judges is to tell their story and tell it often on websites, blogs, judicial committees, is to file complaints, talk to the media, and tell your story until someone listens. Because the only way the public knows about these outrageous cases is by people who have suffered through to talk about them."

Source:
Judge Scary Mary: Bad Behavior Behind the Bench

Sacramento County can't be sued in group home death, court rules

A state appeals court has ruled that Sacramento County cannot be sued over the death of an Oak Park group home employee that allegedly resulted from a conservator's placement of a paranoid schizophrenic with a 20-year history of violence into the home.The mental patient, Ofiu Edwards Foto, is accused of smashing Pausta Sibarani over the head with a wooden chair and assaulting her husband, Tumbur Purba, who also worked at the home. Sibarani, 65, died and Purba, now 73, was left with permanent brain injuries.

Full Article and Source:
Sacramento County can't be sued in group home death, court rules

Judges' battle called 'chaos'

Although Hamilton County’s Juvenile Court already has an administrator, Judge Tracie Hunter wants a second one – who would report directly to her.

And it will cost taxpayers an additional $106,900 per year.

After being rebuffed, Hunter filed a court order on Tuesday afternoon requiring county officials to make the hire.

Ignoring such an order could lead to a contempt action and possible jail time for county officials.
Hunter’s court order comes as juvenile court is $300,000 over budget this year. And like all county offices, it’s facing cuts next year. County officials want to cut $2.8 million from the court’s $18.5 million budget.

It also comes as Democrat Hunter and Republican John Williams, the other Juvenile Court judge, have battled for two years, first for a judgeship and now for control of the court.

Hunter accused the current Juvenile Court administrator, Curt Kissinger, of insubordination and reprimanded him prior to picking attorney Wende Cross to serve as her court administrator.

“I did it so that it will be carried out. Thus far it hasn’t been,” Hunter said of her order.

Full Article and Source:
Judges' battle called 'chaos'

NY nursing home cited after resident choking death

SYRACUSE, N.Y. (AP) - A choking death has led to changes at a central New York nursing home.

 

The Syracuse Post-Standard reports that the Loretto Cunningham skilled nursing facility was cited Oct. 3 by the state health department for a violation that created "immediate jeopardy" of serious injury or death for residents.

 

Neither the nursing home nor the health department would detail how the resident died, including whether it involved eating or drinking.

Full Article and Source:
NY nursing home cited after resident choking death

Guardianship release sparks celebration/desperation on Macomb Daily Facebook page

Reaction to Macomb Daily court reporter, Jameson Cook’s story about a retired chiropractor’s escape from guardianship on the Macomb Daily website was swift and celebratory but also rift with examples of guardianship abuse throughout the country amidst our society’s most vulnerable.

“Good to hear that Mr. Chism has regained his freedom as a result of ‘clear and convincing evidence,’ to make his decisions to his life as he chooses!” wrote Joe Roubicek

 

Moments after his guardianship was lifted, James Chism, 75, of Clinton Township, a long-time Macomb County chiropractor, smiled as he walked out of Macomb Probate Court in Mount Clemens – but declined comment.

  

“He’s made remarkable progress,” said his attorney, Patricia Patterson-Courie. “He’s got his driver’s license. He’s passed all of the tests.”

RELATED ASSETS

According to Marty Prehn, a national elder advocate and NASAGA member, he was contacted by producers of the Dr. Phil show, interested in covering the story.

 

“What isn’t debatable any longer is the reason for the guardianship, advanced dementia was not accurate,” wrote Sylvia Rudek. “The misinformation in guardianships is common and takes too long to get the true facts presented to the court…. The family has no standing to sue for elder abuse until the victim dies. Where is the civil court system in providing protection to the elder victim? It is all about billable hours.”

 

“It is not about billable hours it is all about FRAUD, Deprivations of Rights under the Color of Law, Consipracy against Rights, and violations to the 14th Amendment of the U.S. Constitution,” said Debby-Texas, Advocate. “A person under a guardianship loses all rights, equal protections under the law under the presumption of incapacitation without ‘clear and convincing evidence’.”

Full Article and Source:
Guardianship release sparks celebration/desperation on Macomb Daily Facebook page

Former Judge Joan Benge can practice law again, Supreme Court says

Former Judge Joan Benge, removed from the 24th Judicial District Court bench in Jefferson Parish because of a ruling she made in a personal injury lawsuit more than a decade ago, will be able to practice law again, the state Supreme Court decided Tuesday in closing what appears is the final chapter on her discipline. Justices barred Benge from practicing law for three years, but they applied it retroactively to February 2010, when she volunteered to suspend her license on an interim basis until the state Supreme Court could decide on the future of the profession she has had since 1991.

The ruling means that Benge, 55, of Kenner, should be able to resume practicing law in five months. She could not be reached immediately for comment Tuesday.
Only months after Benge was elected to the state bench in Jefferson Parish in 2001, she ruled in favor of the plaintiff, Philip Demma, who fabricated a claim that he cracked a tooth during a car accident in Metairie in 1998.

Full Article and Source:
Former Judge Joan Benge can practice law again, Supreme Court says

Forest Grove detective receives award for role in helping protect vulnerable elderly from abuse

A Forest Grove detective was named a recipient of the Oregon Health Care Association's Special Service Award last month for his role in helping shape legislation to protect vulnerable elderly from fraud and abuse.

Detective Matt Smith was honored along with Clackamas County Deputy District Attorney John Wentworth and Brady Scott, director of in Bandon, said Capt. Mike Herb, Forest Grove police spokesman. The three last year were appointed to a governor's work group that drafted legislative recommendations to further protect the elderly from abuse. The result was House Bill 4084, which Governor John Kitzhaber

The bill allows law enforcement to gain access to records that belong to elderly victims without them -- or a caregiver -- signing a waiver, if investigators believe abuse is occurring. That way, authorities can access records much faster, Smith said. The bill requires banks and financial institutions to turn over records upon receipt of a subpoena. Health care providers must comply without court order.

"Detective Smith contributed countless hours in attending meetings and legislative hearings at the State Capital in creating new legislation to protect seniors from becoming victims of fraud and financial abuse," Herb said in an email. "He is definitely a crusader fighting for our vulnerable elderly population."

Full Article and Source:
Forest Grove detective receives award for role in helping protect vulnerable elderly from abuse

Five Year "Anniversary" of Court-Ordered Hell

It was five years ago today that David E. Tate, Petitioner, along with notorious attorney Paul T. Housch, entered “Judge” Randy Kennedy’s court to conduct an “emergency” Ex Parte hearing “petitioning” the court for a conservatorship over brother John Daniel “Danny” Tate. With nothing but grossly perjured hearsay testimony, Kennedy “glad to do it” entered orders of conservatorship, administered the fiduciary oath to David E. Tate and ordered Danny Tate’s Vanguard account seized.

 

No evidence whatsoever was presented:

1. No medical evidence

2. No financial evidence

3. No crime(s)

4. No 911 reports

5. No complaints from the neighbors

6. NOTHING

Source:
Pauper vs Probate: October 23, 2007 Ex Parte Hearing 5 Year Anniversary

See Also:
Danny Tate's Home Auctioned Off to His Former Lawyer!