Saturday, December 1, 2012

Recommended Blog: FiduciaryWatch






FiduciaryWatch.org has filed for nonprofit incorporation, and wishes to promote and support the interests of seniors, disabled adults, minors, and non-disabled minors who are consumers of licensed private fiduciaries, and suffering emotionally, physically, and or financially at the hands of the private fiduciary industry in California and or Nationwide.

This page is a general outline of what we here at fiduciarywatch.org would like to see provided to advocate for the protection of seniors, disabled adults and minors, and non-disabled minors and their families, whom are consumers of the merging industry of the private fiduciary in both California and nationwide. Fiduciarywatch.org welcomes input and participation. Please feel free to explore our blog, send in e-mails, write articles, produce journalistic reporting, journalistic documentaries, u-tube reports, etc., informing us, and the public, about any senior citizen, disabled adult and or minor, non-disabled minor, and their family/families who are being taken advantage by those who earn their livelihood in the new and merging industry of the private fiduciary, estate managers, court appointed guardians, court appointed trustees, probate court investigators, lawyers, and or probate judges.

Source:
Fiduciary Watch

Woman's Competency Debated in Estate Battle Involving City Detective

Attorneys embroiled in claim that a Portsmouth police detective is exploiting an allegedly incompetent elderly woman in order to inherit her significant estate faced off Thursday in Superior Court.

Squaring off in Rockingham Superior Court before Judge Peter Hurd were Portsmouth attorney James Ritzo and Hampton attorney Gary Holmes. Both lawyers met in Probate Court, where each argued their side of the accusations involving the local woman and her relationship to local detective Aaron Goodwin. The woman, who will be 94 in December and whose competency is being disputed, has an estate that includes an $805,000 waterfront home, according to Portsmouth assessing records.
 
Goodwin, who denies any wrongdoing, is named as a beneficiary of her new trust, which was filed in June with the county probate court.
 
During the roughly 40-minute proceedings, Ritzo argued Goodwin provided companionship to the elderly woman so he'd "inherit the entire estate."
 
Ritzo told the court the woman was his client the past 25 years and during the last 10 years has suffered "increasingly" from dementia, Alzheimer's disease and failing eyesight. He told the court he drafted several wills for the woman, most recently in 2009, and that they remained fairly consistent over the years.
 
That changed, according to Ritzo, shortly after Goodwin met the woman in November 2010, when she called police about a prowler. "She called me up two weeks after that and said 'I want to change my will because I'm in love with Mr. Goodwin and I want to leave my entire estate to him,'" Ritzo said.

Full Article and Source:
Woman's Competency Debated in Estate Battle Involving City Detective
 

Lawless America: Jennifer Goings - "Nobody"


Source:
YouTube: Jennifer Goings: Nobody
See Also:
LawlessAmerica

Nicholas Sarkozy's Campaign Donations Allegedly Tied to Liliane Bettencourt

Nicholas Sarkozy has been questioned by a judge over allegations that he received envelopes stuffed with cash to fund his successful 2007 election campaign.

The donations are said to have come from the L'Oréal heiress Liliane Bettencourt, the richest woman in France. The former president was also questioned over allegations that he and his supporters took advantage of the 90-year-old billionaire's frail state of mind, and that he used his presidential power to hamper criminal investigations into the scandal.

Sarkozy, who lost his immunity from prosecution when he failed to secure a second term in office in May, has denied any wrongdoing.

Full Article and Source:
Sarkozy Before Judge Over Claims of Taking Illegal Campaign Donations

Friday, November 30, 2012

Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse; Apathy & Negligence by Law Enforcement & District Attorney

“San Jose Police confirmed that Villa Fontana isolates several residents. However, SJPD referred management of that abuse back to the Public Guardian, the perpetrator of the abuse.” *

San Jose Police Lieutenant Michael Knox is the first government employee to take any action on behalf of elder abuse victim Gisela Riordan. For over two years, Gisela has been denied visitors, phone calls, and mail. Imprisoned at Villa Fontana, she is not allowed contact with family, friends, neighbors, advocates or clergy. Each day is like every other for Gisela, lonely and filled with despair.

Lieutenant Knox listened sympathetically to Gisela’s story. Police Chief Chris Moore had already determined that SJPD’s ignoring false imprisonment and isolation was “consistent with Department policy.” Knox committed to a review of the Department’s policy on ignoring mental abuse of elders. Although a small step, it was the first positive step taken by any government employee in Santa Clara County.

Elder Abuse by the Public Guardian

Since early 2010, Gisela Riordan has been a victim of elder abuse by her conservator, the Santa Clara County Public Guardian Donald Moody. California law clearly states that a guardian or conservator does not have authority to isolate a conservatee. California law also states that isolation and imprisonment of elders are crimes.

However, the Public Guardian is not concerned with California law. Moody imprisons and isolates conservatees to suit his whims. Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a secured residential care facility willing to violate the law in exchange for payment.

Keeping conservatees isolated simplifies the management of those individuals. With no visitors, there are no complaints of neglect or substandard care. No one sees bruises or other evidence of physical abuse. No one knows if conservatees receive medical care or enough food to eat.

Given that Villa Fontana is willing to violate Gisela’s most basic right to visitation, advocates can only imagine what other rights are violated behind locked doors. There is no way to know what abuses or indignities are visited upon conservatees imprisoned inside the facility.

Since early 2010, Gisela Riordan has been a victim of elder abuse by her conservator, the Santa Clara County Public Guardian Donald Moody. California law clearly states that a guardian or conservator does not have authority to isolate a conservatee. California law also states that isolation and imprisonment of elders are crimes.

However, the Public Guardian is not concerned with California law. Moody imprisons and isolates conservatees to suit his whims. Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a secured residential care facility willing to violate the law in exchange for payment.

Keeping conservatees isolated simplifies the management of those individuals. With no visitors, there are no complaints of neglect or substandard care. No one sees bruises or other evidence of physical abuse. No one knows if conservatees receive medical care or enough food to eat.

Given that Villa Fontana is willing to violate Gisela’s most basic right to visitation, advocates can only imagine what other rights are violated behind locked doors. There is no way to know what abuses or indignities are visited upon conservatees imprisoned inside the facility.

*[Linda Kincaid, NASGA California Advocacy Liaison]

Full Article and Source:
Silicon Valley Tax Dollars Fund Elder Abuse, Apathy & Negligence by Law Enforcement and District Attorney

Mayoral Blitz Over Clark Estate

It was a loud, high-profile stage whisper designed to get the attention of 15 competing teams of attorneys fighting 3,000 miles away over an estate worth an estimated $400 million. Santa Barbara's current mayor Helene Schneider showed up at a press conference with former mayor (and current planning commissioner) Sheila Lodge to express their mutual concern that Santa Barbara's interest was getting lost in the very high-octane shuffle over the two wills recluse heiress Huguette Clark wrote within weeks of each other.

In the second will, Clark left her 23-acre Santa Barbara estate that fronts the Pacific Ocean across from the Andree Clark Bird Refuge — named after her older sister — to an entity named the Bellosguardo Foundation, which she stipulated would be dedicated to the promotion of the arts. Backing the two mayors — in spirit if not body — was former mayor and arts advocate Hal Conklin, as well as an impressive array of big monied movers and shakers who've donated generously to the arts in Santa Barbara over the years, like Michael and Anne Towbes, Leslie Ridley-Tree, Robert Emmons, and Sarah Miller McCune. Clark died last May at age 104, having spent the last 22 years of her life living in a New York City hospital.

That second will has been challenged in court by about 20 of Clark's distant relatives, upset that they'd been totally cut out compared to a will she'd written six weeks prior. They've argued that Clark — who'd amassed a world-class collection of paintings, not to mention a $3 million collection of dolls — had been unduly influenced by her nurse, her attorney, and her accountant, all of whom she took care of handsomely in the second will. (In the previous will, Clark gave her nurse $5 million and split most of the rest among relatives. In the second, she gave the nurse $30 million, her relatives nothing, and her foundation the rest.) Schneider and Lodge expressed concern that the warring factions, now in settlement talks, might arrive at a deal that ignores Santa Barbara's legitimate claim on Clark's generosity. Her Bellosguardo estate — and the collection it holds — would provide Santa Barbara a priceless attraction. “In the 3,000 pages of depositions that have been taken, there's not one indication that she was not competent,” stated Lodge.

Full Article and Source:
Mayoral Blitz Over Clark Estate

Pair Suspended as Executors of Huguette Clark's Will

PA Judges Could Face Discipline in Traffic Court Probe

As many as 10 current or former Philadelphia judges, including state Supreme Court Justice Seamus McCaffery, could face state disciplinary proceedings following an investigative report on Philadelphia Traffic Court.

The list includes three sitting Traffic Court judges; five who no longer hear cases or have been suspended from the Traffic Court bench; one Municipal Court judge, Joseph J. O'Neill Sr., who successfully appealed a red-light ticket; and McCaffery, whose contact with the Traffic Court's director of operations about a ticket for his wife was questioned.

"Judges alleged to have engaged in unethical or inappropriate conduct have been referred to the Supreme Court and the Judicial Conduct Board," consultant William G. Chadwick wrote in the conclusion of his 35-page report. The report, set up by Chief Justice Ronald D. Castille, was submitted last week to Gary S. Glazer, the Common Pleas Court judge now in charge of Traffic Court operations.

Full Article and Source:
Pennsylvania Judges Could Face Discipline in Traffic Court Probe

Thursday, November 29, 2012

Local Politics & the Alleged Compassionate Hospital

Welcome to St. Joseph Hospital of Elmira, New York, where they claim on their website:

"St. Joseph’s Hospital, a Catholic health facility, is a voluntary not-for-profit community general hospital founded by the Sisters of St. Joseph of Rochester in cooperation with the physicians and citizens of Elmira, NY. The St. Joseph’s Hospital community, by maintaining a deep respect for the dignity of each person, strives to heal, as Jesus did, in mind, body and spirit, all who come to us."

“Maintaining a deep respect for the dignity of each person”… except for Gary Harvey.

It was Thanksgiving Day and Sara Harvey had made the arrangements to visit her husband. She and the guard arrived only to be told that the hospital hadn’t received an okay. Guard is not authorized if visit is not authorized, but the dignity people continued with their refusal.

(Cliff Note: A guard is required because Sara is supposedly a danger to her husband because she supposedly didn’t follow medical advice. The hospital, guardians et al petitioned the court to starve & dehydrate Gary to death, but she is the danger. Irony at its best.)

So, while all the important people, who should have made sure the visit was authorized and those who could have given the okay after the failed communication, enjoyed their Thanksgiving meals with the ones of their choice, Gary was denied a mere visit from his wife. The wife that loves him… talks to him… reads to him. Instead, he, a person who has always loved holidays and spending them with the wife he loves — got to lay there alone in the isolation that is his life.

Full Article and Source:
Local Politics & The Alleged Compassionate Hospital

AARP Faces Conservative Competition

Looking to counter what they see as AARP’s liberal slant, a new organization aims to rally conservative senior citizens.

The National Association of Conservative Seniors says it will provide seniors “membership benefits while working together to protect conservative American values” —benefits that include “financial planning services, health and wellness offers, Medicare insurance plans and competitive pricing on auto insurance and roadside assistance,” according to a release.

“These are the best years of American seniors’ lives,” said John White, NAOCS founder and president. “Our goal is to provide them with services that will enhance these years, making it easier for them to focus on the things that matter most to them: family, friends, faith and country. … We believe in America now, and we believe in America’s future. Together we can assure that the values our nation is built upon will continue for our children, grandchildren and generations to come.”

Full Article and Source:
AARP Faces Conservative Competition