Saturday, August 17, 2013
Nursing Home Reality Blog
A visitor to this blog shared the following comment a few days ago. I think her comment speaks directly to the issue of corporate greed and that leads to both the neglect of nursing home residents as well as mistreatment of nursing staff. A nurse wrote:
"At one time I worked in a nursing home that was so understaffed that I dreaded work every day. I provided care to 24 residents at one time (on a unit with a total of 48 residents).
On my shift there were just two CNAs and two nurses for 48 residents.
One time I was forced to work while having the flu and a 102 degree fever. Management told me that I would be fired if I didn’t report to work and they would demand the state revoke my licence for abandonment. It is really sad what happens in these nursing homes.”
Source:
NursingHomeReality
Medication May Cause Elderly to Become Frail
The cocktail of drugs commonly prescribed to older people could be hastening their ageing, according to experts who say despite the risks of over-medication the problem is getting worse.
An analysis of patients in one hospital has found more than 60 per cent were being prescribed potentially dangerous medications.
Full Article and Source:
Medication May Cause Elderly to Become Frail
An analysis of patients in one hospital has found more than 60 per cent were being prescribed potentially dangerous medications.
There is [also] the potential for battery or medical negligence cases to be brought.
Full Article and Source:
Medication May Cause Elderly to Become Frail
Friday, August 16, 2013
Guardianship cases can turn into nightmares for wards and their families
Things can get very ugly very quickly.
Holly Peffer had recently bought a new house in Derrick City, Pa., in 2007, when her life was upended.
"We bought a huge, beautiful, beautiful old home with several acres," Peffer said. She was preparing to care for her elderly mother, Rita Demark, who was in the early stages of dementia.
"She was physically very, very healthy," Peffer said. "She walked miles a day. But she had some memory issues. She couldn't remember what she had for lunch. She loved the outdoors and the four seasons in Pennsylvania. She was born and raised in Pennsylvania and domiciled here her entire life."
Peffer maintained contact with her sister, who sometimes cared for their mother, though according to Holly, her sister took liberties.
"My sister and my mother are very, very close, and my sister would never physically harm my mother, but as mom's memory had gotten worse, because my sister was having some financial, many financial difficulties, she was taking more and more and more from my mom," Peffer recalled. "You know, there were some checks missing, and very obvious forgeries for maybe a couple hundred dollars, there was one for $2,000."
A worker from the Department of Aging suggested that Peffer apply for guardianship over her mother to keep money from disappearing. That process involves a hearing before a judge. But when the day of the hearing came, Peffer got an urgent call from her mom's banker.
"She says, 'Holly, what the hell is going on?' I said 'I don't know, why, what are you talking about?'"
The bank had just received a fax that her power of attorney for her mother had been rescinded. The fax came from Holly's estranged brother in Florida. Her sister had whisked their mother down south and quickly petitioned so a professional guardian named Jetta Getty would control the mother's future. Peffer said the Florida court never asked whether Rita Denmark was even a Florida resident.
Full Article and Source:
Guardianship cases can turn into nightmares for wards and their families
KNOW YOUR RIGHTS!
If you are in guardianship/conservatorship litigation, or about
to enter litigation, the first thing to do is read and devour the
guardianship/conservatorship laws of your state. You may think it's your
attorney's job to know, advise, and take care of you. After all, that's what
you're paying dearly for.
But here's the reality: attorneys get paid whether they win or lose your case. Most want to win, of course, because of dedication, compassion, pride, or ego, But, if you lose, you still pay your attorney. You both go to the bank - you to make a withdrawal, your attorney to make a deposit!
And attorneys make mega bucks by taking on lots of cases. They juggle their expanding caseload and give minimal attention to the cases in the forefront, saving maximum attention for litigation. To you, there is only one case in the world; to your attorney, you're one of many in the stack.
Because it's your case, and because guardianship/conservatorship many times involves life and death, it's to your advantage to know as much about guardianship/conservatorship law as your attorney. All guardianships, for instance, by law must contain certain aspects of due process, including notice to the AIP (alleged incompetent person), a hearing to determine incompetency, etc. If you know there was no incompetency hearing in your case, as an example, then you've got something to shout about! A jurisdictional issue can have the whole case thrown out of court and end your nightmare!
So, don't count solely on your attorney. Count on you!
Not all attorneys are bad. Many take pride in their profession and pour their heart and soul into their caseload. Still, many attorneys are members of the "good old boy's club" or "incest club." Sometimes, they work for the guardian - sometimes they work for you. Sometimes they work for each other by trading or referring clients. If you familiarize yourself with the state statutes, and your attorney feeds you a line, you'll taste baloney.
Source:
NASGA: Know Your Rights!
But here's the reality: attorneys get paid whether they win or lose your case. Most want to win, of course, because of dedication, compassion, pride, or ego, But, if you lose, you still pay your attorney. You both go to the bank - you to make a withdrawal, your attorney to make a deposit!
And attorneys make mega bucks by taking on lots of cases. They juggle their expanding caseload and give minimal attention to the cases in the forefront, saving maximum attention for litigation. To you, there is only one case in the world; to your attorney, you're one of many in the stack.
Because it's your case, and because guardianship/conservatorship many times involves life and death, it's to your advantage to know as much about guardianship/conservatorship law as your attorney. All guardianships, for instance, by law must contain certain aspects of due process, including notice to the AIP (alleged incompetent person), a hearing to determine incompetency, etc. If you know there was no incompetency hearing in your case, as an example, then you've got something to shout about! A jurisdictional issue can have the whole case thrown out of court and end your nightmare!
So, don't count solely on your attorney. Count on you!
Not all attorneys are bad. Many take pride in their profession and pour their heart and soul into their caseload. Still, many attorneys are members of the "good old boy's club" or "incest club." Sometimes, they work for the guardian - sometimes they work for you. Sometimes they work for each other by trading or referring clients. If you familiarize yourself with the state statutes, and your attorney feeds you a line, you'll taste baloney.
Source:
NASGA: Know Your Rights!
DPS sergeant fired for 'dishonety'
Aug 15, 2013 5:09 p.m.A Department of Public Safety Sergeant has been fired after more than 15 years on the job.
DPS spokesman Bart Graves says Sgt. Terry Lincoln has been fired for dishonesty.
Officials say her termination is linked to an on-going criminal fraud investigation with the Payson Police Department.
Payson Police Chief Donald Engler said Lincoln has been under investigation since 2011. Investigators are looking into potential financial abuse of vulnerable adults.
Full Article and Source:
DPS sergeant fired for 'dishonety'
Thursday, August 15, 2013
Unclean Hands: Suing for Defamation
Rebecca Schultz must have really touched a nerve when she removed her wealthy father from Jared E. Shafer's "guardianship" back in September 2010.
In circumstances when an older wealthy married couple decide to retire to another state far away from their family, and then a spouse dies, a horrifying chain of events can occur.
In the case of Guadalupe Olvera, soon after re-locating to Sun City in Henderson, Nevada from their home in California, Carmela Olvera suddenly died. Based on Mr. Olvera's multiple physical disabilities and his desire to stay in Nevada until his paid-for half million dollar home could be sold and his other financial affairs settled, Nevada law required that he be evaluated to make sure he was mentally and physically capable of handling his own affairs. In the absence of a relative living in Nevada, the clerk for Clark County Family Court Judge Jon Norheim recommended private guardian Jared E. Shafer be hired as temporary guardian over Olvera's person and finances. The guardianship was supposed to be temporary and last only until Olvera's financial arrangements were in order, but in opposition to Olvera's wishes and the court pleadings of his only child Rebecca Schultz, the "guardianship" dragged on and on for over two years while Shafer bled Olvera's trust and bank account of over $300,000.
After careful research, I discovered that the granting of Guadalupe Olvera's wish to forcefully terminate Shafer's "guardianship" and move back with his family was the first time one of Shafer's "wards" has ever defied his unlimited power over their person and estate and escaped from his custody. In all other cases I investigated, Shafer defeated all attempts by family members to terminate him by convincing Clark County Family Court judges like Norheim that the relative was either a financial "exploiter," or "unfit" to be their loved one's legal guardian.
But Jared Shafer was not finished with the Olvera family. Three years after Guadalupe moved back home, Shafer filed a libel law suit against Rebecca claiming she authored anonymous Internet reports that damaged his and his cronies' reputations. He did so without any proof Schultz authored the reports. Many believe Shafer's libel suit was meant to send a message to the families of his other "wards" to not challenge his authority.
I view his baseless lawsuit against Schultz as a perfect example of a SLAPP suit (strategic lawsuit against public participation) meant to silence future exposés of his highly questionable business practices.
Full Article and Source:
Unclean Hands: Suing for Defamation
See Also:
NASGA: Great Escapes: Jared E. Shafer Loses Guardianship, Looted Senior Citizen Returns to Claim Home and Possessions After Winning Termination in a Bitter Sweet Victory
In circumstances when an older wealthy married couple decide to retire to another state far away from their family, and then a spouse dies, a horrifying chain of events can occur.
In the case of Guadalupe Olvera, soon after re-locating to Sun City in Henderson, Nevada from their home in California, Carmela Olvera suddenly died. Based on Mr. Olvera's multiple physical disabilities and his desire to stay in Nevada until his paid-for half million dollar home could be sold and his other financial affairs settled, Nevada law required that he be evaluated to make sure he was mentally and physically capable of handling his own affairs. In the absence of a relative living in Nevada, the clerk for Clark County Family Court Judge Jon Norheim recommended private guardian Jared E. Shafer be hired as temporary guardian over Olvera's person and finances. The guardianship was supposed to be temporary and last only until Olvera's financial arrangements were in order, but in opposition to Olvera's wishes and the court pleadings of his only child Rebecca Schultz, the "guardianship" dragged on and on for over two years while Shafer bled Olvera's trust and bank account of over $300,000. After careful research, I discovered that the granting of Guadalupe Olvera's wish to forcefully terminate Shafer's "guardianship" and move back with his family was the first time one of Shafer's "wards" has ever defied his unlimited power over their person and estate and escaped from his custody. In all other cases I investigated, Shafer defeated all attempts by family members to terminate him by convincing Clark County Family Court judges like Norheim that the relative was either a financial "exploiter," or "unfit" to be their loved one's legal guardian.
But Jared Shafer was not finished with the Olvera family. Three years after Guadalupe moved back home, Shafer filed a libel law suit against Rebecca claiming she authored anonymous Internet reports that damaged his and his cronies' reputations. He did so without any proof Schultz authored the reports. Many believe Shafer's libel suit was meant to send a message to the families of his other "wards" to not challenge his authority.
I view his baseless lawsuit against Schultz as a perfect example of a SLAPP suit (strategic lawsuit against public participation) meant to silence future exposés of his highly questionable business practices.
Full Article and Source:
Unclean Hands: Suing for Defamation
See Also:
NASGA: Great Escapes: Jared E. Shafer Loses Guardianship, Looted Senior Citizen Returns to Claim Home and Possessions After Winning Termination in a Bitter Sweet Victory
Worse Than Paying Taxes? Paying Someone Else's---And IRS Can Make You Do It
Can the IRS collect someone else’s taxes from you? In some cases, yes, where you end up with assets or money from that person. You may have a right to the assets or money, but the IRS trumps you. The IRS calls it transferee liability and says ‘show me the money.’
Take Joseph L. Mangiardi, who died in 2000. Lots of money was spent on lawyers in this mess. I noted earlier court cases in this same tax kerfuffle here: Paying Taxes Pennies On The Dollar. Mangiardi’s daughter Maureen was co-executor of her dad’s estate. When she filed the estate tax return in 2001, the tax due totaled about $2.5M.
The estate was mostly stock and a retirement account, but there was plenty of value so there should have been no problem. Stock prices were low, so it made sense to let them rebound before selling. The estate asked for time and the IRS said sure. The IRS and heirs would both do fine.
You can guess what happened. Instead of waiting for stock prices to rebound, the executors must have thought they were Gordon Gekko. They engaged in active trading of securities, buying and selling. Unfortunately, they weren’t Gordon Gekko and lost money. That was bad enough.
But like Gordon Gekko, the executors were paying themselves hundreds of thousands of dollars in fees. The IRS got pretty annoyed. The IRS first went after the estate but found it was insolvent. Meanwhile, the tax debt had ballooned to over $3 million. See U.S. v. Mangiardi.
Full Article and Source:
Worse Than Paying Taxes? Paying Someone Else's---And IRS Can Make You Do It
Wednesday, August 14, 2013
State court of appeals reverses ruling that prevented guardians from ordering their wards from life support
Legal guardians have the authority to order their wards to be disconnected from life support, according to a state Court of Appeals ruling Monday that said the end-of-life decision shouldn’t be dictated by the courts.
“This supports our position that guardians don’t need to go back to court to get consent to terminate life support,” said Charles Singer, the attorney for the professional guardian appointed for Jeffers Tschumy, the man at the center of the case. “We’ve been operating under that assumption for 30 years.”
Monday’s decision overturns a Hennepin County District Court ruling that said end-of-life decisions are too important to be made by a guardian most likely appointed years before to handle matters of daily living.
Minnesota has 12,000-plus wards; the decision could affect those who don’t have health care directives in place spelling out their end-of-life decisions. It is the first time such an issue has been addressed in the state courts.
Tschumy, 57, was mentally disabled and living in a group home under the guardianship of Joseph Vogel since 2008. In April 2011, he choked on food and was declared severely brain damaged with little hope for recovery.
Full Article and Source:
State court of appeals reverses ruling that prevented guardians from ordering their wards from life support
Editorial: Bill that cloaks judicial discipline process is wrong
Something smells bad in Raleigh regarding legislation the General Assembly passed in its closing hours that closes to public view the discipline process for state judges.The bill concentrates power for disciplining these judges in the hands of the N.C. Supreme Court, taking that power away from the Judicial Standards Commission, a more diverse group that includes judges, lawyers and layman citizens.
Furthermore, the bill passed even though it had been soundly defeated in the state Senate a week before the legislature went home, only to be resurrected in the session’s closing hours and approved with the votes of many senators who had spoken forcefully against it only days before.
Gov. McCrory should take the advice of the state Bar Association and veto this bill. We’re sure, now that the bill has been widely reported on by the state’s news media, that the legislature will not dare try to override this stinker.
Full Article and Source:
Editorial: Bill that cloaks judicial discipline process is wrong
See Also:
New laws mean changes for judges, elections
Subscribe to:
Posts (Atom)




