Sister Wins Guardianship Battle Over Tennessee Public Guardian

After a three-month court battle and a personal plea at the end of a two-hour court hearing, a 78-year-old Nashville resident won her battle Tuesday to have a family member serve as her conservator rather than the county public guardian.

Davidson County Probate Judge David Randy Kennedy ruled that Mary Fowler’s younger sister, Judy Cathell, an Illinois resident, will take over immediately as conservator.

Jeanan Mills Stuart, the public guardian, was appointed as temporary conservator for Fowler late last year over the objections of Robert Walsh, a brother who also lives in Illinois, who petitioned to be conservator instead. Robert Walsh said he was told he couldn’t be the conservator because he lived in another state. No such objection was raised Tuesday to Cathell’s appointment.

Other family members and wards have complained about fees charged by Stuart, the public guardian appointed by Metro Council. She currently charges $225 an hour even when she is doing non-legal work. A handful of wards have fought their conservatorships under Stuart and gotten released.

In this case, Fowler and her family contacted The Tennessean after seeing a story published Sunday about Davidson County’s public guardian. They complained that they had no control over Fowler’s finances and life decisions, and questioned Stuart’s proposal to sell her home. They argued in court that a family member would be better suited to be conservator.

“This is the worst thing I’ve seen in my life,” Robert Walsh said of the entire process.

After testimony by caregivers and relatives, Kennedy stepped down from the bench and took a chair across from Fowler to hear her personal plea, which was barely above a whisper. Seated in a wheelchair, Fowler said that she agreed that her sister could properly care for her. “You need the assistance of your sister,” Kennedy said. Fowler plans to move to Illinois to be closer to her sister and a brother.

Asked after the court session if she was happy with the result, Fowler smiled and said, “Yes, now I have my money back.”

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Sister Wins Guardianship Battle Over Tennessee Public Guardian

Judge David Randy Kennedy's written response to The Tennessean's questions

The following are excerpts from written answers given by 7th Circuit Court Judge David Randy Kennedy to questions by The Tennessean.

Question: I did note that following complaints from Joe Haynes, you reduced her requested fee in the case of Nora Roberts ((09p923) ... Have you reduced her fee requests in any other cases?

“With respect to Ms. Roberts case, 09P923, I determined that it was appropriate to reduce the amount of Ms. Stuart’s fee. The Order entered November 20, 2009 reflects a fee of $22,796.25 whereas the Motion was for $29,396.26, for a reduction of $6,600.01. While I recall this as being a contested case relative to who should be appointed, as you are aware the hearing on this particular Motion occurred more than three years ago, and I just do not have any independent memory of the specific arguments presented by counsel. Clearly, there was an objection to the amount and I was appropriately persuaded to reduce the fees as indicated. The establishment of fees and compensation is within the discretion of the trial Court. Case law requires the Court to examine a wide range of facts including a determination as to whether the amount being sought by the fiduciary or attorney is reasonable and necessary, whether the service benefitted the ward or his estate, and if the service did not ultimately benefit the estate, whether it was intended to benefit the ward or his estate. In cases where the amount of the ward’s assets or income is extremely limited, there are occasions where the court either denies or reduces fees on the basis of fairness and equity. If an objection is filed to a Motion for fees, the court is obligated to examine the objection and to take evidence in conformity with the Local Rules and Rules of Evidence to determine whether the objection is valid.

“It is certainly possible that I have reduced her fees in other cases, as I have with respect to other fiduciaries and attorneys. However, I have never made a finding of malfeasance on her part and have never been presented with any evidence that would support such a determination. Rarely, in the years that Ms. Stuart has served as Public Guardian have I received any objection to her fees. The job of Public Guardian is enormously challenging and frequently requires much more direct human interaction, as well as explosive family conflicts than one might expect.”

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Judge David Randy Kennedy's written response to The Tennessean's questions

Elder abuse mandatory reporting bill clears Colorado Senate committee

A bill requiring people in certain occupations ranging from medical care to the clergy to report abuse of seniors cleared a Colorado Senate committee on Wednesday.

Senate Bill 111 is the product of an elder abuse task force that met last year to make recommendations on legislation requiring mandatory reporting of elder abuse. Colorado is one of only three states that does not have such a law.

The bill would  require doctors, nurses, social workers, clergy members, law enforcement officers, nursing home staff, home health care workers and others to report any neglect or abuse of anyone over the age of 70 within 24 hours of observing the abuse. Those who willfully fail to report abuse could face a fine up to $750 and up to six months in jail.

"We have an obligation to prevent crime and to lessen the effects on victims and that's what this bill does," Sen. Evie Hudak, D-Westminster, sponsor of the legislation, told the Senate Judiciary Committee on Wednesday.
Hudak said similar legislation has been proposed for decades, but there always were concerns about how it would be paid for because increased reporting of elder abuse could raise case loads for Adult Protective Services investigators. A 2005 bill was vetoed by then-Gov. Bill Owens.

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Elder abuse mandatory reporting bill clears Colorado Senate committee

Elder Abuse Manslaughter Charges Pursued Against Facility Operator

One of the signs that elder abuse is being taken more seriously are the increases in penalties faced by those who are caught engaging in this conduct. It is well understood that the vast majority of mistreatment of senior community members never ends up in a police report or complaint charges with regulatory agencies. Instead, most seniors suffer in silence, living out their golden years in pain and depression.

Yet, one way that those unreported cases might taken more seriously are the increases in penalties faced by those who are caught engaging in this conduct. It is well understood that the vast majority of mistreatment of senior community members never ends up in a police report or complaint charges with regulatory agencies. Instead, most seniors suffer in silence, living out their golden years in pain and depression. One of the signs that elder abuse is being taken more seriously are the increases in penalties faced by those who are caught engaging in this conduct. It is well understood that the vast majority of mistreatment of senior community members never ends up in a police report or complaint charges with regulatory agencies. Instead, most seniors suffer in silence, living out their golden years in pain and depression.t be influenced is by setting the the example via significant punishments for those actually caught doing wrong. The deterrent effect may work to prevent some neglect, with wrongdoers knowing that they could face serious ramifications for their conduct.

More Criminal Charges for Egregious Caregiving Lapses
For example, in what is being reported as a first of its kind prosecution, an elder caregiver who was supposed to provide support at a senior living home is facing manslaughter charges following one resident’s death. As reported in the Sacramento Bee, the 88-year old resident in question had lived in the senior care facility managed by the defendant since 2007. The senior passed away last June, and it was soon learned that the death was caused in large part by massive bed sores that she developed while living at the facility. Essentially, a few of the bedsores, particularly on her buttocks, were so severe that she developed sepsis. Sepsis is a far too common cause of death for nursing home residents related to severe bodily reactions from germ or bacteria infections.

Sadly, no one seemed to care about the woman’s condition until it was too late. An emergency room doctor who treated the senior explained that the bed sores were among the worst he had ever seen. They were of the “Stage 4” variety--the most severe category.

Full Article & Source:
Elder Abuse Manslaughter Charges Pursued Against Facility Operator

Jeanan Mills Stuart's written responses to The Tennessean's questions

These are excerpts from Jeanan Mills Stuart’s written response to The Tennessean.

“I think it is a good idea to give you a general description of my job as the Public Guardian for Davidson County. The Probate Court Judge nominates the Public Guardian and the nomination is confirmed by the City Council. I am not paid a salary for being the Public Guardian by Davidson County. I am provided with a security badge that gets me past the security checkpoint at the Courthouse. I am provided access to Caselink, an online database of Circuit Court filings. The premium on my blanket surety bond is paid for by Davidson County. In exchange, I am the default person selected as guardian or conservator where there is no other party found by the Probate Court Judge to be appropriate or willing to take on the task. I am obligated to provide all the care needed by my wards regardless of the ability of the conservatorship estate to pay my fees, and I am on call 24 hours per day. As a matter of law, I cannot delegate certain of my duties to another person.”

Question: What is your current hourly rate for the public guardian/conservator cases? Is it $225?

“Yes.

“Judge (Randy) Kennedy is well-aware that I am a lawyer. I am also a nationally certified guardian, a member of several associations of guardians, and an officer in one of them, I receive annual continuing education as both a lawyer and a guardian. As a condition of my service as public guardian, I must accept all appointments from Judge Kennedy, absent conflicts of interest, and even where the ward is unable to pay my fees or reasonable expense. I am on call 24 hours a day per day and cannot legally delegate many of my duties. My customary fees are at an hourly rate below the highest rates charged in Davidson County, Tennessee, for lawyers who also serve as conservators or who represent non-lawyer conservators. All of my fees and expenses are subject to the approval of the Probate Court of Davidson County, Tennessee, and may only be paid after the Court’s approval, regardless of the ability of the ward to pay them. In addition, my fees and expense, as well as my bank statements, receipts and cancelled checks are examined, where applicable, by the Bureau of TennCare/Medicaid of the State of Tennessee, the U.S. Department of Veteran’s Affairs, and the Social Security Administration. I am also subject to random and surprise audits by the Social Security Administration. Accordingly, all my time and labor, which could otherwise be available for me to be retained as a lawyer for other clients, is obligated to the wards of the Seventh Circuit Court of Davidson County, Tennessee, and my hourly rate is based on the foregoing. Lawyers may be appointed by criminal courts to represent indigent criminal defendants and may never be compensated for their labor or expenses. I have agreed to such a condition regarding conservatorships in Davidson County, Tennessee.”

Question: Do you handle any other cases besides those assigned by Judge Kennedy? If so, what is your rate in those cases?

“I do not, as a rule, have any. I have one private case. It does not require much work. Other than that, I have not accepted any private cases in the last three years because there is simply not enough time to handle them.”

Full Article & Source:
Jeanan Mills Stuart's written responses to The Tennessean's questions

House panel debates penalties for assisted suicide

 

HELENA, Mont. (AP) — Outlawing physician-assisted suicide in Montana would protect the elderly from being abused and keep the integrity of the medical profession intact, supporters of a bill to ban the practice told lawmakers Wednesday.

 

The House Judiciary Committee is considering the bill sponsored by its chairman, Republican Rep. Krayton Kerns of Laurel, to penalize the doctors and caregivers who participate in the practice.

 

"Basically House Bill 505 is written to target elder abuse," Kerns said. "And the fear that comes with that idea."

 

The Legislature has struggled with physician-assisted suicide since a 2009 state Supreme Court ruling that said nothing in state law prohibits it. The ruling effectively made Montana the third state to legalize the practice, though the lack of regulations and reporting requirements makes it impossible to know how many physician-assisted suicides have taken place.

 

Last week, a Senate committee tabled a bill regulating assisted suicide, just as it did during the 2011 session. Kerns' bill seeks to go in the opposite direction, outlawing rather than regulating the practice.

 

A similar measure also failed to receive sufficient lawmaker support in 2011.

 

Supporters of Kerns' bill said assisted suicide is unnecessary because end-of-life palliative care is sufficient to aid in the process of death and it may damage the medical profession.

 

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House panel debates penalties for assisted suicide

Police, Montana lawmakers to fight elder abuse

BILLINGS - Global stranger scams often prey on older generations, and with Montana's elderly population expected to double between now and 2030, seniors in the Treasure State are at high risk.

"We will rank fifth in the nation in the next few years as far as having the highest percentage of elderly people," explained Big Sky Senior Services Executive Director Denise Armstrong. "We are just ripe for the scam artists."

Big Sky Senior Services responds to several reports of elder abuse every week in Yellowstone County. Recently a social worker with BSSS, Linda Henry, encountered a woman who fell victim to one of those scams.

"In the last 12 months, she had paid out on three different occasions, checks anywhere from $350 to about $500 to companies that had contacted her by phone, offering to help protect her identity," explained Henry.

That scenario is far from uncommon. Of the 6,017 reports of elder abuse in Montana from 2011 to 2012, More than 20-percent were cases of exploitation.

"Unfortunately they're easy targets for financial exploitation and we see a lot of financial crimes when it comes to our seniors," explained Yellowstone County Attorney Scott Twito. "Especially here in Yellowstone County."

It's not always strangers who target elders, in fact more of than not the abuser is a family member.

Full Article & Source:
Police, Montana lawmakers to fight elder abuse

How public guardian's fees added up to $13,726 in 6 months

Jeanan Mills Stuart was approved to collect $13,726 in the case of one of her wards over six months of work. The information below, based on a fee affidavit filed in court, show how costs add up for telephone calls, reviewing bank statements and receiving and making short calls on behalf of her ward.

She billed for 69.6 hours of work at $197.22 per hour.

9/30/11

$295.83 — Trip to nursing home to check on client, 1.5 hours

$19.72 — Telephone call re therapy, 0.1 hours

10/2/11

$19.72 — Review bank statement, 0.1 hours

10/7/11

$59.16 — Compute cost to move ward and draft reimbursement letter, 0.3 hours

$19.72 — Review ward’s bank statement, 0.1 hours

10/10/11

$59.16 — Review nursing home bills, telephone call to nursing home, draft letter, 0.3 hours

$19.72 — Telephone call from ward, 0.1 hours

Full Article & Source:
How public guardian's fees added up to $13,726 in 6 months

Arguments in favour of assisted suicide rely on misinformation

The case of Ruth Goodman is a perfect example of how confused, illogical, uninformed and sometimes untruthful many proponents of euthanasia or physician-assisted suicide are.

Goodman killed herself on Feb. 2, with no assistance, at the age of 91 in her Vancouver home, in a bid to change physician-assisted suicide laws. If you're scratching your head right now and saying, "huh?" don't be alarmed, you are thinking clearly and are not losing your mind.

In short, Goodman's final act makes no sense. The reason this woman's last act is so strange is because everyone already has the right to die. Suicide is not illegal.

"I am a 91-year-old woman who has decided to end my life in the very near future," wrote Goodman, who had worked at an abortion clinic and was involved with the B.C. Civil Liberties Association.

"I do not have a terminal illness; I am simply old, tired and becoming dependent, after a wonderful life of independence," she wrote.

"By the time people read this, I will have died. I am writing this letter to advocate for a change in the law so that all will be able to make this choice."

To reiterate, everyone already can make "this choice." It's not illegal to kill yourself. No laws have to be changed. Anyone and everyone can commit suicide as long as they don't endanger anyone else while doing so.

What so-called right-to-die activists are actually seeking is the right for people to help other people to die - they want the right to kill other people and to have other people kill them, making legal what has been illegal in most sane places, since time immemorial.

In countries where euthanasia and physician-assisted suicide are legal - like the Netherlands - it is documented that thousands of people have been killed involuntarily by their physicians without their consent, even when a full recovery was possible.

Alas, this illogical and discordant story about Goodman has garnered much media attention, and that in itself is disturbing when you consider another story about euthanasia that has not received any mainstream media attention.


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Arguments in favour of assisted suicide rely on misinformation