Ginger Franklin's Car Towed and Sold While in Conservator, Jeanan Mills Stuart's 'Care'

For months, Ginger Franklin has been trying to find out what happened to the 2001 Nissan Altima she owned before she was placed in an emergency conservatorship.

At first she was told her car had been repossessed and sold by the bank holding a note on the vehicle.

The Tennessean was given the same answer when it first questioned Franklin’s conservator, Jeanan Mills Stuart, about the whereabouts of the car in February.

Stuart said Franklin was “upside down” on the car with an outstanding loan exceeding its value. She referred questions to the attorney who had handled Franklin’s bankruptcy.

The attorney, Maria Salas, however, told The Tennessean there was no loan on the car and the vehicle was never brought into the bankruptcy case. 

New records obtained by The Tennessean show that Franklin’s car, after being turned over to Stuart, was towed away from the garage where Stuart’s office is located on Franklin Pike after a caller said it had been abandoned.

West Nashville Wrecker Service declined to say who requested the car be towed in April 2009. It sent a legal notice by certified mail to Franklin, telling her that if she did not pay storage and towing fees, her car would be sold.

Franklin never got the notice because she was in a conservatorship handled by Stuart. Records show Herbert Mills, Jeanan Stuart’s father, received the notice and signed a receipt for it, in effect, authorizing the wrecker service to sell the car in an auction.

“I had nothing to do with the car other than leave it in the parking lot at my office where I had parked it after getting the low offer on it from the dealer. I had driven it from the dealer to my office and felt it was dangerous to drive the car any further because of the shaking of the vehicle when I drove it,” Stuart wrote.

Full Article and Source:
Client's Car Towed, Sold While  in Lawyer's Care

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Ginger Franklin, Tennessee Victim

Tennessee Public Guardian, Jeanan Mills Stuart's Fees Exceed $1.8 Million

TN:  Conservator Jeanan Mills Stuart and Judge Randy Kennedy

Jeanan Stuart Response to Questions

Tennessee Public Guardian, Jeanan Mills Stuart's, Fees Exceed $1.8 Million

The Davidson County public guardian, whose fees are under review by a local probate judge, has double-billed clients, billed more than 24 hours in a day and earned more than $270,000 in thousands of small, individual charges for tasks such as listening to a voice mail.

The Tennessean first raised questions  about Jeanan Mills Stuart’s fees when it found she was charging her legal rates of $200 to $225 per hour for nonlegal tasks, such as taking her wards on shopping trips and sorting their clothes before a move into an assisted-living center.

A new data analysis by The Tennessean of all of her billings between 2008 — when she was first appointed by the Metro Council — and February 2013 shows she has turned in fee requests with mistakes, such as double-billings, and more than 24-hour days, all of which have been approved by the judge overseeing the conservator cases.

In all, Stuart has billed for more than $1.8 million in fees since January 2008, when she took on her role, according to The Tennessean’s data analysis. As public guardian, she handles the affairs of people who are found by the Davidson County probate court to be mentally or physically unable to make their own decisions. Her wards have no control or say in what she does for them. The primary oversight of her fees is Davidson County Probate Judge David Randy Kennedy, who can approve or reject them.

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Davidson County Public Guardian's Fees Exceed $1.8 Million

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NASGA: Ginger Franklin, Tennessee Victim

'Private Guardian' Jared E. Shafer Accused by Guardianship Commissioner of "Bleeding Money" From 93-Year Old War Hero

"I'm really trying to put an end to this. I get that Mr. Olvera is bleeding money, and I don't want it to continue" - Guardianship Commissioner Jon Norheim

Just Google or Bing the name "Guardian Jared E. Shafer," and a very troubling scenario will unfold. Contained within the dozens of links are the untold stories of mostly wealthy Clark County, Nevada residents who have allegedly been "bleeding money" under the color of law simply because they are elderly or frail. A decade ago, I began reporting stories of wealthy senior citizens being exploited by a group of - what I consider to be - officially sanctioned leeches. World War II hero Guadalupe Olvera and his wife Carmela in 2003 moved from California to Del Webb Sun city Anthem in Henderson, Nevada. The couple was wooed by fancy brochures and promotional videos into purchasing a new 3000 square foot home for $436,524.00 cash where they lived until Carmela's death in 2009 following a 63 year marriage.

Because of an obscure Nevada law, Guadalupe, who was 90 at the time of his wife's death, was not allowed to handle his own affairs or let his only child Rebecca Schultz become his legal guardian to tend to his move back to California and the sale of his Sun City house. Based on Mr. Olvera's physical disabilities, under Nevada law, a "local guardian" was required to handle his temporary financial affairs because his daughter was not qualified since she lived in another state. Enter Jared Shafer of  Professional Fiduciary Services of Nevada, Inc. (PFSN, Inc.). Shafer, who is in private practice, was recommended by a staff member in the office of Clark County Guardianship Commissioner Jon Norheim, even though public officials are not legally allowed to make such recommendations.

Unfortunately, Schultz failed to do research on Shafer's background before agreeing to hire PFSN, Inc. because she assumed the county's referral would be trustworthy. Jared Shafer has not responded to numerous requests for his side of this story. Shafer's "guardianship" was to only last a few weeks, time enough to settle Olvera's financial affairs and list his house with a realtor. However, weeks turned into months, and Olvera became lonely for his daughter, granddaughter, and great granddaughter and wanted desperately to move back to California where he had lived most of his life.

 In the meantime, Shafer as guardian was given exclusive control of Olvera's finances. It was soon discovered he was "bleeding money" from Olvera's trust account at Wells Fargo while Olvera was retained in Henderson against his will. Upon learning of Shafer's withdrawals from his trust, Olvera became infuriated, and In September 2010, directed his daughter to move him back to California and sever his contract with PFSN, Inc. Prior to Olvera's directions to move him back to California, Rebecca and her friend Ruth Carney (a Nevada resident) had followed legal protocol and filed Motions at their own expense with the court to terminate Shafer's guardianship, and that Schultz and Carney be appointed co-guardians, but their efforts were thwarted by the court.

Full Article and Source:
American Mafia/Inside Vegas: "Private Guardian" Jared E. Shafer Accused by Guardianship Commissioner of "Bleeding Money" From 93-Year Old War Hero

See Also:
NASGA: Lupe Olvera, Nevada Victim

Former Public Guardian

Judge Orders CA County to Assume Guardianship of Elderly Murder Suspect

Over the objections of Los Angeles County mental health officials, a judge on Thursday ordered an 86-year-old murder defendant to remain in the government's care and not be released to a family member.

Los Angeles Superior Court Judge Norman Shapiro said that Nattie Kennebrew, who in 2009 allegedly shot and killed a handyman and tried to kill the manager at the Hollywood apartment building where he lived, must remain at Patton State hospital and that the county must pay for his care.

In his ruling to keep Kennebrew in a locked psychiatric hospital for mentally ill criminal defendants, Shapiro sided with the Los Angeles County district attorney's office, which argued that Kennebrew remained a threat to public safety. The county had said that because of Kennebrew's dementia, he did not need to remain under the county's oversight.

"I can't stress to you enough -- you have someone who murdered someone allegedly," Shapiro said. "I agree with the district attorney here."

Kennebrew is charged with fatally shooting handyman Gerardo Ramos, 46, on the afternoon of Jan. 28, 2009.

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L.A. County Ordered to Assume Guardianship of Elderly Murder Suspect

CT Probate Judge Seeks to Remove Daughter From Control of Slain Mother's Estate

East Hartford's probate judge wants to remove Candace Bednarz as fiduciary of her slain mother's estate, now that Bednarz has been arrested on charges of tampering with evidence and hindering the prosecution the man police say killed her mother.

Probate Judge Allan Driscoll has scheduled a hearing on the matter for May 14 at the East Hartford Probate Court in town hall. Driscoll also is seeking a report on the status of Beverly Therrien's estate.

Driscoll made the move after learning of the arrest of Bednarz, 54, of Manchester. She posted $150,000 bail and is scheduled to be arraigned May 8 in Superior Court in Manchester.

Bednarz's brother, Brett Bednarz, is awaiting trial on charges that he killed his 74-year-old mother, along with Pamela Johns, 60, and Michael Ramsey, 53, who were staying with Therrien at her home at 154 Naomi Drive home on Thanksgiving 2010.

Driscoll, at the request of the state victim advocate, already has ruled that there will be no disbursements from Therrien's estate, except to creditors.

No will was found in Therrien's home in the aftermath of her killing, and Driscoll ruled that a 2006 copy of her will was not valid. In the 2006 will, Therrien named Brett Bednarz as executor and primary beneficiary of her estate. Therrien specifically excluded Candace Bednarz from receiving anything from the estate.

"I intentionally make no provisions herein for the benefit of my daughter as there is no relationship between my daughter and me and I have provided money to her in the past to provide for herself and her daughter," the will says. "Additionally, she has sufficient assets with which to support herself."

Full Article and Source:
East Hartford Probate Judge Seeks to Remove Candice Bednarz From Control of Mother's Estate

Missouri Attorney Once Convicted of Murder Back in Practice

A Kansas City attorney whose conviction in the beating death of his law partner was overturned in 2006 can resume his practice, the Missouri Supreme Court ruled.

 

The court ordered the law license of Richard Buchli II to be reinstated, with certain conditions.
 

Buchli was convicted in 2002 of murder in the death of his law partner, Richard Armitage.

Prosecutors alleged that Buchli's financial problems were the motivation behind the killing.
 

A judge overturned Buchli's conviction in 2006, finding that evidence had been withheld from the defense during his trial. Prosecutors dismissed the case last year, after a judge in 2010 threw out all the state's evidence.

Source:
Attorney Once Convicted of Murder Back in Practice

New Probate Court Database Will be Key in Firearms Eligibility

Vincent J. Russo, manager of communications and intergovernmental relations for the Office of the Probate Court Administrator of Connecticut has issued an announcement that the Probate Courts “expect to complete work this summer on a new database for use by state and federal authorities in checking the mental health backgrounds of citizens who seek to buy or own firearms.”

The Mental Health Adjudication Repository (MHAR) will list those individuals who have had firearms eligibility rights terminated due to mental health adjudication in the Probate or Superior Courts, within the last 14 years. The Connecticut Probate Court website states that “When a Probate Court finds a person to be mentally incompetent, he or she may not buy, sell, own or possess a firearm, and his or her name is listed with the National Instant Criminal Background Check System.”

Frequently the matters addressed in Probate Courts include administration and oversight of trusts and estate or the care and guardianship of children. However, Probate Courts commonly address social issues involving mental health, said Mr Russo, and the new system in place as of July will proved a good methodology of reporting and sharing that information in a timely and efficient manner.

The database will be made available to relevant state and federal agencies and automatically updated each day, Mr Russo said in his announcement.

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New Probate Court Database Will be Key in Firearms Eligibility

Probe Results in Fine for TN Nursing Home, Block on New Admissions

A state investigation of the Bristol Nursing Home recently turned up allegations of a possible sexual assault victim who went days without a medical exam, and of a nurse who taped a patient’s mouth to keep him quiet, a report reveals.
 
The Tennessee Department of Health fined the nursing home $3,000  and has blocked new admissions until investigators are convinced they will not see a repeat performance.

Investigators accused the 120-bed facility of ignoring its own rules and state law when it failed to report immediately both abuse complaints to the state as well as to the patients’ doctors and guardians. Both patients have been diagnosed with dementia.

On Dec. 6, 2012, a housekeeper complained that a registered nurse briefly taped the patient’s mouth because he refused to stop screaming.

More than a month passed before nursing home officials told the patient’s guardian on Jan. 11, 2013. The nursing home administrator first reported the incident to the state during the investigation, on April 11, 2013.

“The allegation was not reported because I … felt like it didn’t meet the definition of abuse,” investigators quote the home administrator as saying.

Full Article and Source:
Probe Results in Fine for Bristol Nursing Home, Block on New Admissions

Read the Investigation

Disbarred Attorney, Linda Vasquez Littlefield, Now Facing Federal Charges

A Kissimmee attorney who was disbarred for ripping off an elderly couple is now facing federal charges for a similar scheme Tuesday night.

Channel 9's Jeff Deal spoke with the woman who tipped off authorities about Linda [Vasquez] Littlefield, and asked if there are tougher charges for people who prey on the elderly and take their life's savings.

Victim Janet Lentz said they took everything.

"I feel used, raped," Lentz said.

Investigators said the Littlefields ran up Lentz' credit cards, stealing $53,000.

They were both convicted. Linda is still serving part of a two-year sentence. Ross was sentenced to probation.

Federal investigators said there are now 26 victims -- people who put money in a special trust.

They said the Littlefields took nearly $3 million from the trust and spent it on cars, their businesses and property.

Kathleen Foust was Lentz' guardian, and was the first to report the Littlefields.

"Linda and Ross were criminals, they just legitimized themselves and looked like they were wonderful people," Foust said.

Since then she's heard horror stories about how the Littlefields targeted the elderly.

She said one woman spent her life savings setting up a trust for two developmentally-disabled daughters and lost everything.

"She said, 'Now I don't know who is going to take care of my daughters when I'm gone,'" Foust said.

Linda and Ross Littlefield were first arrested in 2010. Linda Littlefield was a Kissimmee attorney, and her husband Ross helped her run businesses that appeared to help the elderly.

Full Article and Source:
Investigators: Kissimee Couple Ripped Off Elderly

See Also:
FL: Ex-Lawyer Gets 2 Years Prison For Elder Fraud