Was an 81-Year-Old Wife, Mother and Grandmother, Abducted by Her Own Daughter or Rescued from a Bad Situation?

Fourough Bakhtiar is wearing a magenta cardigan and a beige springtime hat in the Lorain County Justice Center in early April. Looking across the courtroom from behind big, thick-framed glasses, the 81-year-old wife, mother and grandmother is the center of her family's universe, though none of them, except her son-in-law Phillip Presutto, are here this morning. There's a good reason for that.

She is, however, joined by her attorney, Stephen Wolf, and her current legal guardian, Zachary Simonoff, who was appointed to manage Bakhtiar's affairs last year after much legal wrangling.

"I've probably had no other case that has been as contentious as this one and that has spurred as much litigation as this one," says Probate Court Judge James Walther.

He is not being hyperbolic. The fate of Bakhtiar's guardianship and sizable estate has been the gravitational center of a lengthy legal battle that's torn her family apart.

Since April 2013, for example, she has not lived with her husband, Mehdi Saghafi, in their Seven Hills home, and no one can agree whether that's a good thing for her or not. Saddled with signs of dementia, according to three physicians, and "vulnerable to exploitation," according to court records, even Fourough herself doesn't seem to be sure.

Five months ago, Judge Walther issued final orders to settle the legal war, the gist of which was this: Fourough, deemed incompetent by the court, was in need of a guardian. Her daughter, Jaleh Presutto, long estranged from the family, had brought her mother to live with her and her husband, Phillip Presutto, in Amherst and fought for the guardianship and initiated a divorce against Fourough's husband. The other family members, Fourough's husband and sons, fought back and claimed that Fourough was being corrupted, cajoled in her weak state to make decisions she wouldn't otherwise make, intentionally separated from her family.

But there's hardly an end in sight, and so up for debate this morning, as always in this probate case, is Fourough's money: Jaleh is seeking $20,000 from her mother's bank accounts to help her legal defense for allegedly abducting her mother. She was once Fourough's legal guardian; she's recently been indicted on five felony counts in Cuyahoga County for the elderly woman's kidnapping and abduction.

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Was an 81-Year-Old Wife, Mother and Grandmother, Abducted by Her Own Daughter or Rescued from a Bad Situation?

Viewers claim guardians abuse elderly's rights

2 Local 10 viewers say a professional guardian is abusing an elderly relative's rights, health and finances

PEMBROKE PARK, Fla. - In the last two weeks, Local 10 News investigative reporter Christina Vazquez has fielded calls into the hotline related to suspected guardian abuse. They are from people who claim a court appointed professional guardian is abusing an elderly relative’s rights, health and finances. It turns out this is a statewide problem, and now lawmakers in Tallahassee have responded.

This week, the Florida Senate passed a bill (HB 5) to begin overhauling how guardians are appointed and aimed at prohibiting abuse, exploitation and neglect of an elderly ward. The bill, if signed by Governor Rick Scott, would become law on July 1, 2015. 

"When someone has become incapacitated, they're in a vulnerable position, and a guardian can have considerable power over them," state Rep. Jose Javier Rodriguez, who co-sponsored the bill with Rep. Kathleen Passidomo, said. "Although I have not directly come across abuse by guardians in my work, like my colleagues, I see the potential for abuse and hear the horror stories across the state who feel like their loved ones, mostly elderly parents, wound up isolated with everything taken from them and little they could do about it. The reforms in HB 5 will help improve how guardians are appointed, better protect the wishes and rights of the incapacitated person and clarify the responsibilities of guardians."

Miami physician Sam Sugar, who founded the advocacy group Americans Against Abusive Probate Guardianship, told Local 10 News in an interview earlier this month, "The mantra of the guardianship program is litigate, medicate and take the estate."

Sugar said courts are too willing to take undocumented testimony from lawyers whose main goal is to get an emergency temporary guardianship and take control of the elderly person's assets. 

"The minute that happens the game is over," Sugar said.

He stated the ultimate goal "is the diversion of inter-generational transfer of wealth from one generation to another into the pockets of this racket, and it is a racket."

Sugar said it could easily happen in any family. Typically, after an emergency guardianship hearing, a guardian known to the judge is appointed. 

"Ultimately the rape of estate," Sugar said.

Strongman sales, reverse mortgages, specialty referrals with appraisals that make no sense.  The elderly person's assets are sold undervalued to friends of the guardian, leaving those protected by guardianship penniless.  

Applicants for professional guardianship need to complete a 40 hour course with exam.  A high school diploma is also required and the guardian must have no felony convictions or bankruptcy filings.  After that, guardians are eligible to retain clients.

WEB EXTRA: Becoming a guardian 

"These people hang out at hospitals, nursing homes ALFs, senior centers anywhere vulnerable elderly persons can find themselves," Sugar said. 

In some cases, Sugar said, the elderly are unaware that guardianship has been applied for. They receive a knock on the door noticing them that a court hearing is taking place, sometimes the very next day, leaving them less than 24 hours to prepare or find a lawyer.  Once placed in guardianship getting a loved one out of guardianship is difficult.

"It's harder than going to the moon," Sugar said. 

Sugar said guardianship is a $3.6 billion a year industry in Florida. In 2003, according to the Department of Elder Affairs, there were 23 certified for profit guardians in Florida. That number has grown to 460 this year so far. 

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Viewers claim guardians abuse elderly's rights

Upper East Side woman busted for allegedly stealing $340K from mom, 91

An Upper East Side woman has been busted for allegedly stealing $340,000 from her ailing 91-year-old mom.

Barbara Schwartz, 62, used money she pilfered from her mother's bank accounts for spa treatments, fancy clothes and booze, prosecutors said Wednesday.

Schwartz started helping herself to her mom's money in 2010, about two years after her mom had a stroke and she took control of her finances, court papers say.

The 91-year-old was in court in a wheelchair for her daughter’s arraignment on Tuesday.

“The defendant's mother spent a lifetime acquiring the assets needed to make her final years comfortable and free of the stress of financial worry, only to suffer a stroke and have her daughter allegedly steal the money for her own personal use," Queens District Attorney Richard Brown said.

Investigators found out the daughter had been siphoning the cash from one of her siblings, prosecutors said.

Schwartz, of E. 71st St., was ordered held on $50,000 bail.

Her lawyer, Christopher Wright, said she pleaded not guilty.

She faces up to 15 years behind bars if convicted.
 
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Upper East Side woman busted for allegedly stealing $340K from mom, 91

Man arrested for stealing nearly $16,000 from business that helps elderly or disabled

Thursday, April 30, 2015

AUGUSTA, Ga. (WRDW) -- A man is facing exploitation of an elderly or disabled person charges accused of writing personal checks to himself from checkbooks for a business meant to help the elderly or disabled.

Thaddeus Tilden Meyers, 55, was arrested on 5 counts of exploitation of an elderly person after a Georgia Bank and trust worker called the Richmond County Sheriff's Office in reference to a fraud on April 24 at 1:47 p.m., an incident report said.

The worker said Meyers is authorized to write checks for a company business called Support Solutions. However, Meyers is not authorized to write personal checks to himself. The Georgia Bank and Trust worker said Meyers wrote out, signed and cashed checks to himself, according to the incident report.

A Bank representative told investigators Meyers wrote a check for $6,800 off one account and more checks off of 9 other counts totaling $9,050.

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Man arrested for stealing nearly $16,000 from business that helps elderly or disabled

Pa. House Approves Bizzarro Bill to Help Prevent Elder Abuse

State Rep. Ryan A. Bizzarro, D-Erie, said the state House of Representatives today unanimously passed his legislation to provide extra protection against elder abuse committed by people acting with power of attorney.

“I am thankful that my colleagues realize the importance of protecting seniors battling dementia and other incapacitated Pennsylvanians who need someone to help with their finances in difficult times,” Bizzarro said. “Too often, cases of financial abuse go unreported, or those with power of attorney claim they didn’t know their actions could be considered criminal. Thanks to this legislation, we can give families peace of mind that extra steps have been taken to protect their loved ones’ finances.”

Bizzarro’s H.B. 299 would amend the state’s Power of Attorney Acknowledgment to indicate that failure to comply with the document’s directives could result in criminal charges against the person holding power of attorney. It would also allow area agencies on aging to access confidential records if the group believes a crime has been committed and can prove the elderly victim is mentally incapacitated.

In addition, the legislation was amended in the House Judiciary Committee to include a notice of the state Department of Aging’s elder abuse hotline (1-800-490-8505) to the person giving the power of attorney.

“Our state is home to two million senior citizens age 65 and older,” Bizzarro said. “It’s disgusting to think that there are people out there who would take advantage of our older Pennsylvanians. I am hopeful that this legislation will help bring awareness to this important issue and, ultimately, help cut down on elder abuse.”

Bizzarro introduced similar legislation last session, which passed the House. House Bill 299 now heads to the state Senate, where it awaits further review.

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Pa. House Approves Bizzarro Bill to Help Prevent Elder Abuse

Man gets 20 years for ripping off elderly in scam

A man has been sentenced to 20 years in prison for his part in a scam in which thousands of dollars were stolen from the elderly.

Joseph Dada Akintoye, 34, of Nigeria, was convicted Wednesday in Cobb County Superior Court of 15 charges, including racketeering, money laundering, theft by taking, theft by deception and exploitation of elder persons.

An international organization Akintoye belonged to called elderly people or contacted them online and convinced them to wire money into accounts he controlled, Kim Isaza, the spokeswoman for Cobb District Attorney Vic Reynolds, said in an emailed statement.

According to that statement, some victims were led to believe that the person calling them was a grandchild who was in jail in another state and needed the money for bail. Another victim was contacted by a man on Match.com and led to think she was helping with a foreign financial deal.

Three victims, none of them in Georgia, wired nearly $50,000 into an account held by a Marietta woman who was an associate of Akintoye, Isaza said. He told her how to launder the funds and how to shift them between various accounts.

Hundreds of thousands of dollars from other unidentified victims moved through the accounts of the Marietta woman, Isaza said. Some of the money was sent to Akintoye’s own account in Jacksonville, Fla., while most of it went to Nigeria and Malaysia.

“This is absolutely racketeering,” Cobb Superior Court Judge Adele Grubbs said before sentencing Akintoye. “He’s one of the kingpins, and he should pay. He’s come in this country, and he’s used this country. He’s contributed nothing.”

The last three years of Akintoye’s sentence will be suspended if he pays $35,000 restitution within one year. He was also fined $50,000.

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Man gets 20 years for ripping off elderly in scam

State Looking Into New Funding Opportunities for Elder Abuse Protection

The decision to enter into a guardianship contract for an elderly family member is a heavy one, no matter the circumstances. Professional guardianship programs — wherein an attorney, rather than a family member, is appointed as guardian — are common across the U.S.

An elderly person can land in a courtroom, be deemed “incompetent” and have all decision-making capacity handed off to a third party. What happens then is either beneficial to the person or not; it's often hard to distinguish between the two.

This week, we profiled one highly contentious guardianship case in Lorain County — one which has since spawned a divorce case and a criminal case in Cuyahoga County.

Gov. John Kasich appointed a working group last year to determine how best to invest new money into unifying adult protective services across the state. That includes identifying ways of protecting the state's elderly residents from all manner of abuse — physical, psychological, financial, etc. Ohio’s 88 counties each approach guardianship and elder abuse response differently.

The state will pay $2.6 million this year to create minimum standards and training requirements for adult protective services. The Ohio Department of Job and Family Services will target its requirements to legal guardians and will implement a central hotline and data-collection system for reports.

At the same time, the Ohio Department of Aging is looking across the next few years at making Ohio a "dementia-capable state," one that can "assist individuals who are suffering from dementia, losing their ability to effectively communicate and are unable to provide care for themselves; and provide resources to the family caregivers who are responsible for caring for their loved ones." Dementia, as diagnosed by third-party physicians of record, is often the first step to a judgment entry that an elderly person is in need of a guardian. With or without a guardian in place, however, as the report states, those diagnosed with symptoms of dementia remain susceptible to an array of abuses. Read the full report here.

Paul Greenwood, head of elder abuse protection unit in San Diego district attorney’s office, told the Columbus Dispatch last month: “Crooks and con artists are becoming more creative and daring in their efforts to deplete the life savings of our senior citizens. It is therefore time for us to go on the offensive in identifying, investigating and prosecuting these suspects.”

That newspaper has led something of a rallying cry for the state to raise awareness of these issues. From a recent letter to the editor praising the paper's coverage:

[O]verwhelmed adult-protective-service agencies save lives every day through thoughtful investigation and intervention. Expanding their capacity may be long overdue, yet even this is not enough.

Ohio must also prevent elder abuse before it begins. Curtailing elder financial exploitation is a compelling place to start. Exploitation often accompanies other forms of abuse, yet is the type most likely to involve interaction with an institution. Thus, banks are well-positioned to identify vulnerable elders and document suspected abuse.

While reports of elder abuse across Ohio have fallen from 15,292 in 2010 to 13,608 in 2014, according to the Ohio Department of Job and Family Services, it's unclear what percentage comprises guardianship abuse in the specific sense.

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State Looking Into New Funding Opportunities for Elder Abuse Protection

Florida Advocate Teresa Tozzo-Lyles Interviewed About Guardianship Abuse

Advocate Teresa Tozzo-Lyles is interviewed by WUFT-TV, describing the primary tactics of court-appointed for profit guardianships: Isolate, Medicate, Take The Estate. Tozzo-Lyles discusses with reporter Richard Gomez about the hoped-for changes in Guardianship, with today's (April 28, 2015) passage by the Florida Senate of HB5. This legislation changes the way guardians are appointed and explicitly prohibits the abuse, exploitation or neglect of an elderly ward.

Source:
WUFT-TV interviews Teresa Tozzo-Lyles about abusive guardianship

See Also:
Carmen Tozzo Hernandez, Florida Victim

Before guardianship

During Guardianship

I-Team Update: Fixing a Broken System

If you need a guardian, is the system working for you?

Experts say Missouri needs to do more to protect wards, lessen workloads and give families more peace of mind

"Clearly, something is broken in Missouri," Sharon Bock said.

Bock is the clerk and comptroller for Palm Beach County, Florida. Last year, she led the charge to reform the guardianship system in her home state.

"Missouri has the responsibility to make sure that the statutes are clear, that all of the statutes are designed to be in the best interest of this person who has lost their ability to either have control of their body or control of their money," Bock said.

After profiling the guardianship case of Pauline Williams of Sikeston in February, I reached out to the state lawmakers serving Scott County to ask them if the state's guardianship system needs to be fixed.

"It just appears to be that that's something that's been overlooked,” admits State Representative Holly Rehder.

Full Article, Video and Source:
I-Team Update:  Fixing a Broken System

See Also:
I-Team:  Broken System