How to Stop Guardianship Abuse: Hotline Monitors Palm Beach County

Palm Beach County in Florida has long been a haven for the wealthiest retirees. With some 22% of 1.6 million residents aged 65 and older, it’s no wonder the county clerk established a guardianship fraud unit three years ago.

“When the economy started going down in 2008, we expected to see an increase in criminal cases,” said Sharon Bock, who was elected clerk of the circuit court in 2004. “Instead, we noticed an uptick in guardianship and probate court filings.”

Currently, the county has 2,800 open guardianship cases on file, and between 2009 and 2012 there was a 15% increase year over year. That was a red flag for Bock given that Florida has more elderly residents than any other U.S. state.

“I hired a certified fraud examiner with an accounting background and he began reviewing how court appointed guardians were spending the ward’s money,” Bock told MainStreet.

Fraud Examiner Anthony Palmieri discovered guardians were spending money on Botox, cruises and even latex surgery for themselves.

“We’ve seen double and over billing of guardianship fees, flat out hiding of assets and the creation of joint accounts with the wards,” Palmieri told MainStreet.

More than half a billion dollars are in the hands of guardians in Palm Beach County, and surprisingly 75% of those guardians are family members or neighbors vs. 25% who are professional guardians or lawyers.

“We found out that in most cases family members lack the education and expertise to be a guardian,” Palmieri said. “In many cases, the annual accounting documents they filed were questionable as to whether they were filled out properly.”

The National Association to Stop Guardianship Abuse is weary, however, of courts that bring in a third-party guardian without a due process hearing to address alleged financial abuse by family members.

“Family theft is often used to rationalize the appointment of a third-party guardian, and yes, some family members do steal from their elderly relatives," said Elaine Renoire, president of the National Association to Stop Guardianship Abuse in Indiana. "However, it is also true that other family members are often pushed aside based solely on allegations or innuendos of theft without any formal police charges or proper investigation."

“We know these guardianship fraud programs are effective, because we’ve seen real results in Palm Beach County,” said Bock.

So far, the fraud unit’s investigations have led to two arrests and uncovered more than $3 million in questionable expenses and misreported assets.

Full Article and Source:
How to Stop Guardianship Abuse: Hotline Monitors Palm Beach County

See Also:
To Prevent Elder Abuse Families Need to Use Certified Guardians

Financial Abuse by Profiteering Heirs Awaits Boomers and Heirs

Portsmouth officer to be deposed about $2.7M inheritance

PORTSMOUTH — A police officer accused of exploiting an elderly woman with dementia to inherit her $2.7 million estate is scheduled to be deposed Oct. 27 by multiple lawyers on both sides of the debate.

The officer, Sgt. Aaron Goodwin, is accused in the Rockingham County probate court of exerting undue influence over the late Geraldine Webber, who died at age 94 on Dec. 11, 2012. Seven months before her death, Webber endorsed a new will and trust, naming Goodwin as the primary beneficiary of her waterfront home, stocks, bonds and a Cadillac.

Photo by Deb Cram

Goodwin, who is being represented by attorney Chuck Doleac, has consistently denied the allegations. Webber’s neighbor, retired officer John Connors, previously told the Herald that he saw Goodwin visit Webber’s home, in a police cruiser, more than 100 times.

According to court records, several lawyers declined to rewrite Webber’s 2009 will, while citing concerns about her mental capacity, before Hampton attorney Ralph Holmes agreed to do so. Parties involved in the estate dispute were notified this week that Holmes is also scheduled to be deposed in October.

The depositions were scheduled by Manchester attorney David Eby, who is representing the Memorial Sloan-Kettering Cancer Society and The Shriners Hospital for Children. Eby’s clients were each $500,000 beneficiaries under a 2009 will Webber had written by Portsmouth attorney Jim Ritzo, then were named as $80,000 beneficiaries under the 2012 estate plans drafted by Holmes.

Eby alleges Goodwin befriended Webber, who was diagnosed with dementia in 2010, before helping her visit "more than one attorney for the purpose of changing her estate plan."

During a Sept. 4 deposition, Webber’s physician, Dr. Ira Schwartz, testified that Holmes met with him in January 2012 to ask about Webber’s mental competency and that he told Holmes, “not only do I consider her unable to make an informed decision, but I believe she was judged to be that way by psychiatrists during a prior admission (at Portsmouth Regional Hospital).

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Portsmouth officer to be deposed about $2.7M inheritance

Iowa: Families to Convert Old Winery to Help Disabled

Four Iowa families have purchased an old winery where they plan to hold enrichment programs for their children and young adults with intellectual disabilities.

The rural, 10-acre former home of Wallace Winery, which closed in 2009, has a house, a barn, another building and plenty of land for gardening and outdoor activities. The families are planning to eventually convert a farmhouse on the property into a residential facility for young adults when they're ready to leave their parents' residence.

They're laying the groundwork for what they're calling the Village Community, a place for people with intellectual disabilities to learn, work, and one day, live together, the Iowa City Press-Citizen reported.

Ann Brownsberger said the families got the idea for the Village Community last year after meeting at a seminar in Coralville about guardianship for adults with disabilities. The families gathered at a restaurant to discuss how their children would be cared and provided for years after their parents were gone.

"We were looking for a model where we could continue to be that primary caregiver and protector, but we wouldn't be doing it on our own because we're acutely aware that we're not going to live forever," Brownsberger said. "Our children will mostly likely outlive us, so it was really important to us that they be cared for beyond our lifetime."

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Iowa:  Families to Convert Old Winery to Help Disabled

NASGA Director Sylvia Rudek Guests on Patient Safety Radio

Guest – Sylvia Rudek director of the National Association to Stop Guardian Abuse explains the hard facts about abusive guardians and laws and what you should do today to stay safe.

LISTEN to the archive of the show

See Also:
NASGA Members in Legislative Action

NY AG Press Release: A.G. Schneiderman Announces Arrest Of Two Nursing Home Employees On Charges They Neglected Disabled Resident

Attorney General Eric T. Schneiderman today announced the arrest of two employees of Erie County Medical Center Skilled Nursing Facility (now known as Terrace View Long Term Care Facility) in Buffalo, following an investigation into their treatment of a nursing home resident.

The investigation, which relied on a hidden camera placed in the patient’s room, revealed an alleged pattern of neglect. The two nursing assistants are charged with a variety of felony and misdemeanor counts in Buffalo City Court.

“Nursing home residents are among our state’s most vulnerable citizens, and the neglect that the victim in this case suffered is reprehensible,” Attorney General Schneiderman said. “Today’s arrests send a clear message that my office will not tolerate anyone being neglected by those responsible for their care, and we will use every tool in our arsenal, including hidden cameras, to ensure that those most in need of help are safely cared for and treated with respect and dignity.”

The victim in this case, identified in court papers only as “MH” in order to protect her privacy, is a 79-year-old resident who suffers from Alzheimer’s disease and dementia. She is non-ambulatory and totally dependent on nursing staff of the facility for her care.

Full Press Release and Source:
A.G. Schneiderman Announces Arrest Of Two Nursing Home Employees On Charges They Neglected Disabled Resident

AARP Mass Director Credits Members With Legislative Wins, Including UAGPPJA

Mike Festa has a lot of experience serving the state’s aging community. He assumed the post of AARP Massachusetts’ state director in January 2013, and previously served as the state’s Secretary of Elder Affairs.

Before that he had been a state representative for Melrose and parts of Wakefield for five terms prior to that. In his 17 plus months at AARP, Festa has learned about the respect his organization carries when it comes to advocating for issues important to the lives of residents 50 and older.

“We’re engaged in a lot of big issues that affect people’s lives: financial security, health care, health security and just having a livable and fulfilled life in our communities,” Festa said of AARP. “When you have a non-profit organization as powerful and as well-perceived as AARP is, it gives you a wide swath of opportunities to speak on issues and it gives you a lot of credibility.”

One of those issues was the passing of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which was signed by Gov. Deval Patrick last month and becomes law on Nov. 6., making Massachusetts the 39th state, along with the District of Columbia and Puerto Rico. “Although it only affects a small amount of people, it will allow people to move from one state to another and not have a problem and not have to start from scratch with their guardianship,” Festa said.

He credits AARP Mass. members for playing an important role in convincing their elected officials to put the law into place. “There’s no way this law would have passed the house and the senate without a lot of people making the phone calls to their Legislators and the Speaker of the House, the Senate President and chairs of Ways and Means. There was a point a couple weeks ago we were getting a 100 plus calls into the legislature every day.”

It’s a key victory for the state’s 50 and older population. “It’s been a very good year for the state in terms of its government’s commitment to supporting family caregivers — whether it’s in the home care programs or quality of life things like increasing resources for fighting elder abuse. And there was a significant increase of the senior center/council on aging funding,” Festa said, noting it was the first time in six years there have been significant increases in some of those areas.

While progress has been made, Festa said, “We’re an aging state and we have to expand the resources to support people in their communities. There’s no question that people want to live at home, but you can’t do that without these kinds of supports, whether it’s Meals on Wheels or the home care program.”

Full Article and Source:
AARP Mass. Director Credits Members With Legislative Wins

To Prevent Elder Abuse Families Need to Use Certified Guardians

Richard Lambie has been a professional guardian in California for 18 years, managing 45 elderly wards and their trusts. His clients typically come through referrals from attorneys.

“There is an underserved elderly population who have no family support system, either by choice or due to their own unique circumstance,” said Lambie.

Yet despite the growing demand for guardianship, families need to be wary of elder abuse, especially with regard to financial matters such as inheritance decisions. That's why families who secure guardians for their elderly relatives need to be sure the guardians are, like Lambie, associated with an accredited organization.

Lambie is one of some 600 guardians in California alone who are members of the state’s Professional Fiduciary Association of California, managing more than $8 billion in assets.

“We can only discipline guardians who are certified through our organization,” said Denise Calabrese, executive director with the Center for Guardianship Certification (CGC). “If they are not certified by CGC, we advise the complainant to go through the court system or the state’s guardianship office if one exists.”

Families who use an accredited guardian are also in greater control of the expense for these caretakers and financial fiduciaries. “In most states, guardian fees are approved by the court,” said Kim Grier, president with the National Guardianship Association in Atlanta. “Professional guardians can get paid from the estate of the individual they have been appointed to and public guardians are paid through public funds.

“There will always be a need for guardians, but it should only be for those persons who are truly incompetent, and that’s what guardianship law was created for in the first place,” said Elaine Renoire, president of the National Association to Stop Guardianship Abuse in Indiana.

Full Article and Source:
To Prevent Elder Abuse Families Need to Use Certified Guardians

Nurse at Syracuse Nursing Home Accused of Physically Abusing 92-Year Old Woman

A nurse manager at the Loretto Health and Rehabilitation Center in Syracuse has been accused of physically abusing a resident of the nursing home  and falsifying records to cover it up.

Natalie M. Harris, 42, of Liverpool, was arrested July 30 and charged in Syracuse City Court based on a felony complaint filed by the state Attorney General's Office which is investigating the matter.

The complaint says Harris abused a 92-year-old resident who did not want to move from her bed to a wheelchair on March 25. Harris grabbed the woman by the upper arms, lifted her from the bed and forced her into a wheelchair, causing substantial bruising on the resident's upper arms, according to the complaint.

The elderly woman became frightened and yelled, asking Harris to stop, the complaint says. Since the incident, the resident has been anxious and fearful of care providers, according to the complaint.
Harris denies the accusation, which she says is based on false statements made by co-workers who did not like her. She said she intends to fight the charges and go to trial. Harris said she has been a nurse for 14 years and worked for the last year at Loretto, managing a 34-bed unit on the eighth floor.

The complaint says the bruising was reported by other care providers to administration, which assigned Harris to investigate. Harris wrote in an incident report and medical records that the marks on the resident's arms were "senile purpura," a skin condition caused by blood vessel fragility in older people, according to the complaint.

But a doctor and a physician assistant diagnosed the marks as bruising, not senile purpura, according to the complaint.

"The false entries were made to hide or conceal the act of abuse which caused the bruising to the victim's upper arms," the complaint says.

Full Article and Source:
Nurse at Syracuse Nursing Home Accused of Physically Abusing 92-Year Old Woman

Ohio Justices Deciding Length of Ex-Judge Harland H. Hale's Suspension

Fixing a friend’s speeding ticket and lying under oath will result in the suspension of former Franklin County Environmental Court Judge Harland H. Hale’s law license.

The question remains: For how long?

The Ohio Supreme Court heard arguments yesterday about how severely Hale should be disciplined amid disagreement about his proposed punishment.

Hale’s attorney and the Board of Commissioners on Grievances and Discipline agree that a six-month suspension is appropriate. The justices, however, previously rejected a recommended six-month loss of license as too lenient.

Joseph M. Caligiuri, an assistant disciplinary counsel, told the justices that Hale, who was on the bench for 10 years, should pay for his misconduct with a one-year suspension.

“We have a sitting judge in the state of Ohio fixing a personal speeding ticket for a friend and lawyer … and who took efforts to cover his path. It is beyond the pale,” Caligiuri said.

Hale, who claimed he served a self-imposed suspension, compounded his misconduct when he lied in a disciplinary hearing that he did not represent clients for six months after stepping down under fire on May 24, 2013, Caligiuri said.

Hale’s attorney, George D. Jonson of Cincinnati, countered that an emotional and teary Hale did not lie during the hearing but “misspoke” in failing to recall five minor cases that he handled for free for friends and associates.

Full Article and Source:
Justices deciding length of ex-judge Hale’s suspension

See Also:
Ex-Judge Hale's Punishment Not Enough, Supreme Court Says