Fighting to Honor a Father's Last Wish: To Die at Home

Joseph Andrey was 5 years old in 1927 when his impoverished mother sold him to the manager of a popular vaudeville act. He was 91 last year when he told the story again, propped in a wheelchair in the rehabilitation unit of a nursing home where it seemed as though age and infirmity had put a different kind of price on his head.

Craning his neck, he sought the eyes of his daughter, Maureen Stefanides, who had promised to get him out of this place. “I want to go home, to my books and my music,” he said, his voice whispery but intense.

 

He was still her handsome father, the song-and-dance man of her childhood, with a full head of wavy hair and blue eyes that lit up when he talked. But he was gaunt now, warped like a weathered plank, perhaps by late effects of an old stroke, certainly by muscle atrophy and bad circulation in his legs.

Now she was determined to fulfill her father’s dearest wish, the wish so common among frail, elderly people: to die at home.

 

Her father had been discharged by a hospital to a nursing home like this one, supposedly for rehabilitation, so many times that even she had lost count. The stays, long or short, had only left him weaker, harder to care for at home with a shrinking allotment of help from aides and more prone to the infections that sent him back to the hospital.

 

This time she had fiercely opposed his being discharged to anywhere but home, a small walk-up apartment in Manhattan that her parents shared for half a century before her mother’s death. Yet over her protests and his own, he had been transferred here anyway, to Jewish Home Lifecare in Morningside Heights, a sprawling institution an hour from where she lived. Later, he would ask, “Are you sure you didn’t put me here?”

 

“No matter what I do, they want you in a nursing home,” Ms. Stefanides told him, promising the placement would be temporary. “I think they’re making money off you.”

 

Records would show that her father’s case let the nursing home collect $682.48 a day from Medicare, about five times the cost of a day of home care.

 

Full Article and Source:
Fighting to Honor a Father's Last Wish:  To Die at Home

Finding Humane Care at the End of Life

As the story of Joseph Andrey's last months shows, many Americans will end their lives in surroundings that only add to their misery. Those who hoped to die in their own beds are often forced into nursing homes, some of which mistreat patients. Even if home care is arranged, it too can be substandard, even abusive. And those who hope for government guidance can find unreliable information.

What can be done to ensure that the elderly get the care they want and need, particularly in their dying days?

Richard Mallott:  Government Must Enforce Standards for Elder Care

Carol Rodat:  Home Aides for the Elderly Need Better Standards and Training

Karen D. Lincoln:  Minorities are Forced into Nursing Homes at Greater Rates

Joan M. Teno:  Profits Place Treatment Over Humane Care for Elderly

David Gifford:  Families Can Plan Ahead to Improve Care for the Elderly

Joanne Lynn:  A Whole New System of Oversight is Needed for Elder Care


Source:
Finding Humane Care at End of Life

Woman Sentenced to 6-Years for Financial Exploitation of Senior With Memory Loss

A Murphysboro woman has been sentenced to 6 years in prison for financially taking advantage of a senior citizen.

Celeste A. Locke, 49, pleaded guilty Tuesday to one count of financial exploitation of an elderly person. Authorities said the victim was in his 80's and had difficulty with memory loss.

Prosecutors claim Locke told the victim several different stories, including that her husband had passed away and that she was in need of medical procedures. She promised to repay the money after receiving a large settlement. Detectives learned the victim had sent Locke more than $5,000 and that his bank accounts had nearly been depleted.

Locke was arrested in June. Jackson County State's Attorney Mike Carr says Locke admitted that she had never been married, hadn't had any medical procedures performed, and was not going to receive any settlement money. Carr says Locke also told investigators she used some of the money from the victim to support a drug addiction.

In addition to her 6-year prison sentence, Locke will also serve two years of mandatory supervised release.

Full Article and Source:
Murphysboro Woman Sentenced to 6-Years for Financial Exploitation

Santa Clara County Public Guardian, Don Moody, Escorted Out of Building

A high-ranking Santa Clara County official was placed on paid leave Thursday in the wake of a report that pointed to widespread dysfunction under his watch.

Don Moody, the public administrator/guardian/conservator, was escorted out of his office, sources tell San Jose Inside. County spokeswoman Gwen Mitchell confirmed that Moody was relieved of his duties for the time being but declined to elaborate.

“He’s out on leave, and it’s a personnel matter,” she said. “That’s all I can say.”

Moody came on board nearly six years ago as head of the Public Guardian’s office, a branch of the Social Services Administration (SSA) that takes financial control of adults who are unable to care for themselves and with no family or friends to care for them. His termination comes weeks after the county placed another SSA official—John Vartanian, director of the Department of Child Support Services—on paid leave for racking up travel rewards using public money.

During his tenure, Moody’s department has repeatedly come under scrutiny by the media, the Santa Clara County Civil Grand Jury and internal audits.

A grand jury report out this summer—the second in as many years—noted that Moody fails to track the amount of work and number of clients he handles. The people he hires to manage clients’ property don’t go through a thorough background check, the report found. Instead of having a panel of experts determine whether to assume control of a person’s estate, effectively revoking their civil rights, the decision lies with one person. And for years, countless referrals from the court have reportedly fallen through the cracks.

The latest grand jury report was spurred by a complaint that the office mishandled a case in which a client died before being conserved by the county.

Full Article and Source:
Santa Clara County Public Guardian Escorted Out of Building

Northshore Live: Coopers Corner - Ken Ditkowsky

Source:
Northshore Live:  Cooper's Corner - Ken Ditkowsky, August 7, 2014

Bond Set for Caretaker Charged With Financial Exploitation of Illinois Woman in Hospice

Multiple felony charges have been filed against a Chicago woman accused of stealing from two DuPage County women, one of which was a Winfield woman confined to hospice care in her home, according to a news release from the DuPage County State's Attorney's Office.

Latesha Miller, 37, has been charged with continuing a financial crimes enterprise, aggravated identity theft, financial exploitation of a person, financial institution fraud, forgery and theft, the release stated.

In August 2013, Miller worked as a certified nursing assistant at the Spring Meadows senior living facility in Naperville, where she allegedly stole an 86 year-old resident’s credit card and several checks, according to the release.

While working for a home health care agency, Miller was assigned to care for a hospice patient from Aug. 19 to 21, 2014, in Winfield. While caring for the woman, who has since passed away, Miller allegedly stole two checks that were both written out to an acquaintance, the release stated.

Bond was set at $300,000 for Miller, whose next court appearance will be Sept. 29 in front of Judge Kathryn Creswell.

Full Article and Source:
Bond Set for Caretaker Charged With Financial Exploitation of Naperville-Winfield Woman

Senator Susan Collins Honored for Her Work for Alzheimer's

U.S. Sen. Susan Collins was honored by Women Against Alzheimer's, a national nonprofit organization that advocates for policies to help fight and find a cure for the disease.

The "Out of the Shadows" award was presented to Collins at an inaugural dinner aimed at celebrating leaders in the Alzheimer's movement and bringing greater attention to the disease.

The dinner featured filmmakers behind the film, "I'll Be Me," a documentary about country music legend Glen Campbell and his struggle with Alzheimer's.

Campbell's story was featured during a Senate Special Committee on Aging hearing last year on Alzheimer's disease.
Collins serves as ranking member of that committee and is co-chairwoman of the Congressional Alzheimer's Task Force. Fighting Alzheimer's disease is among her top priorities in the U.S. Senate.

"I am extremely proud to be the first recipient of the Women Against Alzheimer's 'Out of the Shadows' award," Collins said in a prepared statement. "So many families like mine have experienced the pain of Alzheimer's, and that number is growing exponentially as our population ages."

Source:
Collins Receives Award for Alzheimer's Work

Linda Kincaid Reports: Elder Abuse Hearing: Alameda County Bailiff Says He Can Overrule Judge's Order!

On September 12, 2014, this Examiner attended a hearing on the Conservatorship of Elinor Frerichs in the Berkley, CA courthouse. Prior to the hearing, Judge Sandra K. Bean approved and signed the Order on Media Request to Permit Coverage posted at left.

The bailiff in Department 201, Deputy G. Resedes, refused to allow media coverage of the hearing. Deputy Resedes stated that he had authority to overrule an order by a judge. The deputy then refused to provide his badge number.

Alameda County residents who are concerned about freedom of the press can contact Court Executive Officer Leah T. Wilson.  lwilson@alameda.courts.ca.gov.

On September 13, 2014, this Examiner sent the following complaint and public records request to Court Executive Officer Leah T. Wilson with copies to Alameda County Sheriff’s Department and the Alameda County Board of Supervisors.

Leah T. Wilson

Executive Officer

René C. Davidson / Alameda County Courthouse
1225 Fallon St. Oakland, CA 94612 

Dear Ms. Wilson,

RE: Complaint and public records request 

Please accept this letter as a complaint concerning inappropriate conduct by a bailiff with the apparent intent and with the actual result of obstructing the First Amendment right of freedom of the press. Also accept this letter as a public records request for any documents that specify or authorize such behavior of bailiffs with regard to interactions with members of the press....  

On September, 12, 2014, I arrived at Department 201 prior to 9:30 AM, presented my signed order (MC-510) to the Clerk of the Court, and began opening my tripod in a back corner of the court room. A Deputy G. Resedes approached, and in a hostile tone of voice he ordered that I was not allowed to record. I showed Deputy Resedes my signed order, but he again stated that I was not allowed to video. I packed my tripod and moved to the front row of the court room, where I joined a group of elder rights advocates observing the proceedings.  

Deputy Recedes again approached me and stated that I was not a member of the press, 'You are just doing it for yourself.'  

I took the liberty of asking Deputy Recedes, 'Do you have authority to overrule an order from a judge?' 

The deputy replied, 'Yes. If you want my badge number, you can get it from the judge.'....

Full Article and Source:
Elder Abuse Hearing:  Alameda County Bailiff Says He Can Overrule Judge's Order

Virginia: Senior Guardianship Regulations at Issue in the Courts

Arcadius Hakim, 94, of Bailey’s Crossroads served in the U.S. Navy and later became an ear, nose and throat physician, practicing for nearly 50 years and amassing a pretty hefty nest egg. But when he developed dementia in his 80’s and then married a significantly younger woman, his family quarreled about who was to be in charge of Hakim’s finances, and eventually he was appointed a third-party conservator and guardian by a Fairfax County judge.

“My dad is a wonderful guy,” said Dr. John Hakim, a cardiologist and one of three children of Arcadius Hakim. “But when his house burned down in 2002 and he married a much younger woman, we as family members got concerned, and were unsure of how to manage him.”

The McLean law firm of Needham Mitnick & Pollack became Arcadius Hakim’s legal guardians and conservators in 2006, something that is not uncommon in Virginia. A guardian is often needed to care for an incapacitated adult, an adult with mental health issues or a senior who has diminished mental capacity. Additionally, in Virginia a conservator is a person appointed by the court to manage the incapacitated adult’s finances and property when they no longer can.

According to Susan Pollack of Needham Mitnick & Pollack, her law firm specializes in these types of cases, and especially in ones that have familial complications or are considered difficult to manage.
Legal guardian and conservatorship matters are billed at the firm’s professional rates, which can be hundreds of dollars per hour. Virginia Code § 64.2-1208 allows any appointed guardian reasonable compensation for services rendered to an incapacitated adult, but there is no specific definition of “reasonable compensation.”.

Fairfax County Circuit Court Commissioner of Accounts John Rust supervises the billing process by these types of law firms in these cases and for the last few years, the Hakim family has been embroiled in litigation that stemmed from findings issued by Rust in 2011 that some of the fees charged to the Hakim estate by NMP were disproportionate.

Rust concluded in his findings that it was unreasonable for NMP to charge legal rates for non-legal tasks and demanded the firm return $67,358 to the Hakim estate.

Now-retired Fairfax County Circuit Court Judge Leslie Alden ordered a review of the billings, which was then taken before Judge Randy Bellows. The case may soon finally be decided by the Supreme Court.

“They charged my father’s estate $500 to attend a funeral,” said John Hakim. “In other cases, they were charging his estate $200-$300 an hour just to make a phone call on his behalf.”

But NMP’s attorney Bernard DiMuro says all of the charges for services in the Hakim case were reasonable, and that any non-legal tasks were charged accordingly, and not at professional attorney’s rates.

“When NMP was appointed, there was a specific finding and ruling that it could charge professional rates because of the complexity of the case,” he said. “But non-legal tasks were not charged at professional legal rates.”

Full Article and Source:
Senior Guardianship Regulation at Issue in the Courts