Seniors and Vulnerable Adults Gain Protection through National Act

Nashville, TN – The North American Securities Administrators Association (NASAA) has adopted a model act designed to protect adults 65 or older, and other populations at increased risk of diminished capacity or other cognitive impairment, from financial exploitation.

The Tennessee Department of Commerce & Insurance’s (TDCI) Securities Division is a member of the NASAA.

The model, known as an “Act to Protect Vulnerable Adults from Financial Exploitation,” was developed by a special NASAA committee established to tackle a wide range of challenges confronting senior investors, regulators, and securities industry professionals. The model is designed to be enacted by state governments as legislation or implemented through regulation.

“This model provides new tools and authorities to help detect and prevent financial exploitation of seniors and adults with diminished capacity,” TDCI Assistant Commissioner for Securities Frank Borger-Gilligan said. “The model will make it easier for securities regulators, investment advisers and brokers-dealers, as well as Adult Protective Services agencies, to work in partnership to protect our most vulnerable citizens.”

Specifically, the model act:

Mandates reporting to the state securities regulator and state adult protective services agency when a qualified individual such as a securities broker or investment adviser has a reasonable belief that financial exploitation of an eligible adult has been attempted or has occurred.

Enables broker-dealers or investment advisers to impose an initial delay of disbursements from an account of an eligible adult for up to 15 business days if financial exploitation is suspected. The delay can be extended for an additional 10 days at the request of either the state securities regulator or adult protective services.

Provides immunity from administrative or civil liability for broker-dealers and investment advisers for taking actions including delaying disbursements as permitted under the act.

Requires qualified individuals such as securities brokers or investment advisers to provide records that are relevant to the suspected or attempted financial exploitation to government authorities.

Authorizes notification to third parties only in instances where an eligible adult has previously designated the third party to whom the disclosure may be made. Importantly, the model act directs that disclosure may not be made to the third party if the qualified individual suspects the third part of the financial exploitation.

The model act applies to adults age 65 and older and individuals who qualify for protection under a state adult protective services statute. The model act defines “qualified individual” as broker-dealer agents; investment adviser representatives; those who serve in a supervisory, compliance, or legal capacity for broker-dealers and investment advisers; and any independent contractors that may be fulfilling any of those roles.

The full text of the model act, along with background information is available in the Policymakers section of NASAA’s Serve Our Seniors website at http://serveourseniors.org.

For more information about the Tennessee Securities Division, call 1.800.863.9117 or visit http://tn.gov/commerce/section/securities.

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Seniors and Vulnerable Adults Gain Protection through National Act

Layer of oversight added for adult wards

Judge Charles Williams & Dana Yawn

SARASOTA COUNTY - As legislatures across the country tackle reforms of a fragmented system designed to protect vulnerable adults who can no longer make their own decisions, Sarasota County's state court has embarked on its own homegrown improvement project.

This new court monitor program joins a handful of such efforts in the nation. An ambitious commitment to improve oversight and public access, it comes a year after a Herald-Tribune series questioned the legal process that removes some or all of an elder's civil rights.

For the first time, the county's adult wards and their families have a number to call and a designated person to talk to about problems they encounter in the guardianship system. The newly hired monitor will serve as the “eyes and ears” for the court, investigating complaints and concerns.

“The articles that the Sarasota Herald-Tribune brought forth — which were important — pointed out that there are some cases that we do need to pay a little more attention to,” said 12th Judicial Circuit Court Chief Judge Charles Williams. “So the guardianship monitor, in my opinion, is basically not going to do anything other than make certain, as best we can with our limited resources, that not one person slips through the cracks.”

Adult guardianship places elders struggling with frailty or dementia under court protection, and assigns to someone else sweeping powers to make legal, financial and health care decisions for that person. Florida law gives preference to family members, but courts often appoint paid guardians when relatives are in conflict or appear unsuitable. As pointed out in the series, “The Kindness of Strangers: Inside Elder Guardianship in Florida,” once a court rules and the case is closed, wards and their families can find themselves with little recourse.

Brenda K. Uekert, principal research consultant for the National Center for State Courts and an advocate for guardianship reform, has called the monitoring of existing wards' cases “the hottest issue the courts face. Nationally, if I had to grade it, I would give the courts an 'F.'” She said the news of Sarasota County's startup program is “very encouraging.”

“I would say that puts the court in a very good light,” Uekert said. “Most courts don't have the resources to do this, or depend on volunteers. The California Superior Courts have court investigators who are supposed to visit persons under guardianship, though I know the degree to which this happens varies from county to county. But most courts do not have court staff to do so.”

A full-time position
Williams and court administrator Walt Smith asked the Sarasota County Commission to fund the full-time position, and in December hired Dana Yawn, who holds a master's degree in social work and has experience with the court's family division.

Together, Williams and Yawn designed a process that allows for follow-up on some 130 existing wards, as well as 60-day and one-year reviews for new cases.

“This is sort of modeled on what they do in dependency court for children and families,” Williams said. “Usually within a year you'll know whether or not the person's getting better, whether or not everything's running smoothly. We never had a requirement to actually bring a case back into court, so we're going to start doing that.”

At least two other circuits in Florida have guardianship monitors, but the structure of Sarasota County's program appears to be unique.

“Because we've never had a monitor before, we sort of had to figure out on the run how to put this thing together,” Williams said. This required an analysis, he said, of what happens “when a guardianship doesn't go the way it's intended to.

“The most common issue, usually, that we're very concerned about is making certain that it is the least restrictive alternative,” he said, referring to the legal requirement that elders retain as much independence as possible. “Certainly we don't want anyone to have rights taken away from them, or be subjected to a guardian, who didn't need it.”

Clerk of Court Karen Rushing's office will make its financial auditors available to investigate cases flagged by the monitor. And the clerk's existing hotline for people to report waste, fraud and abuse is available for anyone with concerns about a ward's welfare. Calls can be anonymous, Williams said, and can come from the ward, a relative, a neighbor — even a sharp-eyed stranger.

Until now, generally the only way to intervene in an existing guardianship has been the costly step of hiring an attorney to re-open the case.

“What we think is the biggest void is to be able to handle situations that aren't in the regular legal proceedings,” Williams said. “Members of the public really don't know how to deal with that effectively, because we had no real mechanism of doing it, other than going through the legal process, so we wanted to make it consumer-friendly.”

A unique perspective
This is Williams' third rotation through the probate and guardianship section, and he said his personal experience caring for his own parents made him sensitive to what people go through when a loved one has cognitive decline. And he knows that thorny family dynamics can get in the way of legal fact-finding.

“We thought it would be great if we could have someone that can basically be an extension of the court system and go out and take a look at these cases,” he explained. “We're going to be eyes-on. If there's something going on — bedsores, swollen feet or something — she's going to come back and tell me.”

Ira Wiesner, a local elder law pioneer who entered the field in 1989, called the hiring of a monitor “a wonderful enhancement.”

The program, he said, “gives families an opportunity to know that their concerns about the status of a guardianship of a loved one will get attention. Going forward, the annual reviews for new guardianships are going to be very positive. I just don't know how one person is going to be able to handle what I anticipate to be the volume — and we may find that the needs are far greater than what we were led to believe, and need a second one.”

Williams said he is “very, very pleased” with the local attorneys who handle guardianship cases, and he has met with them to outline the new system. If it succeeds, he said, he will ask to expand the monitoring program in Sarasota County and perhaps add one in Manatee.

“It's baby steps, I admit, but it's a start,” he said. “I think by this time next year we'll have a better idea of how effective we are. But really, I think right now if there's anyone who has an issue with a guardianship, and they bring it to our attention, we have the ability to immediately take care of it. And that's important.”

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Layer of oversight added for adult wards

Drugs to treat Alzheimer's Disease will be available within decade, say scientists

A treatment for Alzheimer’s disease will be available within a decade and could ultimately be prescribed like statins to prevent the onset of the illness, experts have predicted.

Speaking ahead of a lecture at the Royal Society, Professor John Hardy, a dementia expert from University College London, said that current drug trials were showing such promise that he believes we are now ‘in an era of great optimism.’
Prof Hardy said it was likely that drugs will be available by 2025 that will radically push back the age at which people develop dementia.

“I think we're on target for therapies by 2025,” he said. “All of us are excited about drug trials that are going on now.

“In the coming year we will know if we are already at the start of a new era of better treatments for slowing or stopping the development of Alzheimer’s disease.

“I am confident that over the next decade or so we will find more effective ways of preventing or slowing down the dementias. By 2050 such advances should be benefiting at least a million people a year in the UK.”

Last summer the pharmaceutical giant Eli Lilly announced that early trial results showed that the drug solanezumab could prevent mental decline from Alzheimer’s disease by a third.

It is the first time that a medication has been shown to work on the underlying disease process itself rather than the symptoms by clearing out the sticky amyloid plaques which stop brain cells from communicating with each other.

The drug would be given by infusion, but experts say that there could come a time when people at risk of dementia are screened and given preventative drugs, like statins are used to prevent heart problems.

Dr Simon Ridley, Director of Research at the Alzheimer’s Research UK, said: “We're not at the stage yet where we have a drug like a statin. The kind of drugs we're talking about at the moment would be very expensive infusions.

“But ultimately you could think of it in those terms. If we have identified people at risk that's a reasonable assumption.”

There are currently 850,000 people living with dementia in Britain which is due to rise to one million by 2025 and two million by 2050.

But there is reason for hope because since the 1980s dementia rates have actually fallen by 20 per cent because of life-style improvements, meaning that people do not now get diseases like Alzheimer’s so early.

A recent study by Cambridge University suggested that cholesterol in the body could be driving vascular dementia, so controlling diet could help prevent up to 30 per cent of cases.

“Reduction in the proportion of elderly cases might relate to the fact we are getting better at controlling cholesterol,” added Professor Hardy.

Dr Doug Brown, Director of Research and Development at Alzheimer’s Society added: "The development of treatments that can slow the rate of memory loss in Alzheimer's disease will, without a doubt, mark a turning point in the way dementia is managed, and be life-changing for people with the condition.

"We are now making much needed advancements in our understanding of what goes wrong in the brain when dementia develops and what we should be doing to tackle it.”

Dame Gill Morgan, chair of NHS providers, the trade association for acute, ambulance, community and mental health services, said: “Dementia is in my opinion the cruelest disease. Your family watch you declining. They keep the body but lose the person overtime.

“Our knowledge of dementia is about 20 years ahead of our knowledge of cancer.

“We're at an important time for dementia. This is a time bomb. This is a terrible condition we need to be doing more about this than in the past. Never has the health service and social care system been so fragile as it is today.”

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Drugs to treat Alzheimer's Disease will be available within decade, say scientists

PredatoryProbate.com

Bill to eliminate requirement for prospective wards' legal counsel in guardianship cases put on hold

Kris Fawson

SALT LAKE CITY — A legislative committee voted to hold a bill Wednesday that would eliminate the requirement that young adults with intellectual disabilities be represented by legal counsel when courts consider their parents' guardianship petitions.

The House Judiciary Committee voted unanimously to hold HB101 to give its sponsor, Rep. Fred Cox, R-West Valley City, more time to refine the proposal.

As drafted, the legislation would be limited to young adults who have intellectual disabilities, minimal assets and are able appear in court with the petitioner. Judges must be satisfied that counsel is unnecessary, the bill states.

Cox said he sponsored the legislation to assist families who have adopted or raised a child with disabilities from birth and have the young adult's best interests in mind by petitioning courts to become their guardians.

But paying their child's legal fees, on top of their own, is a financial burden for many families, he said. However, Cox acknowledged that some petitioners may not have the child's best interests at heart.

"I’m trying to balance the 98 percent of the time with the 2 percent of the time," he said.

But some committee members expressed concerns that young adults with intellectual disabilities, in particular, need to be represented by counsel.

"The trend in the law going forward is to give and recognize more rights to the person to be protected. In fact, you're going to see, and I predict in this state, the trend will be more toward limited guardianships and limited conservatorships rather than full," said Rep. Lowry Snow, R-Santa Clara, who is an attorney.

Laura Anderson, the mother of a son diagnosed with classical autism, told the committee she has been attempting to complete the guardianship process, which is complex.

"I don't want to pay for an attorney. I feel like I shouldn't have to, but it's part of the process. It's my son's legal right to have an attorney represent him," Anderson said.

"Just because he's disabled doesn't mean he doesn't have the rights each one of us are afforded."

Anderson said the Utah Legislature removed one impediment last year by lowering the court filing fees for guardianship petitions from $360 to $35 under legislation sponsored by Rep. Becky Edwards, R-North Salt Lake.

Andrew Riggle, public policy advocate for the Disability Law Center, cautioned that the proposed legislation could run afoul of the federal Americans with Disabilities Act and the equal protection clauses of the Utah and U.S. constitutions.

"We believe the right to counsel, especially in proceedings that have the potential of bridging a person's fundamental rights, are exactly where independent representation is most important," he said.

Parents seeking guardianships find the process to be "confusing and complex," Riggle said.

"How likely is it that a proposed ward who isn’t represented is going to be able to navigate through the process on their own?"

Kris Fawson, chairwoman of the Utah Coalition for People with Disabilities, said the coalition has no formal position on the legislation but noted guardianship "is a huge issue for families."

Fawson said she obtained guardianship of a young man with Down syndrome in the 1980s. No health care provider has asked her to present proof of the guardianship since.

Yet, she said she has concerns about eliminating a requirement that wards have legal counsel in guardianship proceedings.

"This is a population that’s been minimized in many, many ways. To have those rights not available to them, I think, is one more way we minimize that population," she said.

Cox said his constituents tell him that a growing number of health care providers are requiring proof of guardianships because of federal medical privacy laws.

"That’s the biggest culprit in most cases," he said.

Snow said HB101, as currently drafted, was intended to create a summary disposition intended to be easier on the petitioner and the potential ward.

However, if judges fear a potential ward's rights are not adequately protected, they may "require full proceedings in order to be safe." That's the opposite of what Rep. Cox was attempting to accomplish, he said.

Riggle said advocates need to do a better job of informing families of no-cost resources available in the community to assist them if the want to seek guardianships.

For instance, the Utah State Bar's Guardianship Signature Program provides to judges a group of attorneys who have volunteered to represent respondents in guardianship and conservatorship proceedings when the individual does not have counsel of his or her own choosing.

The state court system also has online resources for families.

"It's still a problem even with all the things we have," Cox told the committee.

"I appreciate your willingness to help."

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Bill to eliminate requirement for prospective wards' legal counsel in guardianship cases put on hold

Manatee Co. judge faces discipline after accepting gifts

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Manatee Co. judge faces discipline after accepting gifts

New model act from national organization hopes to end financial exploitation of seniors

NASHVILLE, Tenn. (WVLT) -- Tennessee hopes new guidelines from a national organization can help in preventing the financial exploitation of people 65 and older, or people who have an increased risk for diminished capacity or other cognitive impairments.

The Tennessee Department of Commerce & Insurance's (TDCI) Securities Division hopes the state legislature will pass a new model act from the North American Securities Administrators Association (NASAA).

The “Act to Protect Vulnerable Adults from Financial Exploitation” is a set of guidelines that NASAA hopes will “tackle a wide range of challenges confronting senior investors, regulators and securities industry professionals.”

In order for the model act to work in Tennessee, the state legislature will have to adopt the guidelines as law.

The act would help address several points of concern, like requiring records from brokers or advisers to provide records that could show suspected or attempted fraud and gives the brokers or advisers immunity for withholding disbursements if they suspect exploitation may be happening.

If enacted, the model act would only apply to people 65 or older and individuals who qualify for protection under a state adult protective services statute.

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New model act from national organization hopes to end financial exploitation of seniors

Steve Miller: Family Court Judge Charles Hoskin Punishes Quadriplegic for Being Unable to Write an Objection, Then Charges Him $400 in Additional Attorney's Fees

Guardianship victim Jason Hanson has repeatedly asked the court to furnish him an attorney, but Clark County Family Court Judge Charles Hoskin and his appointed Hearing Master Jon Norheim steadfastly refused while Jason's estate continued being looted.

Look what happened when Jason tried to object to paying Dara Goldsmith, the attorney of Jared Shafer, one of his looters. Shafer's other lawyer, Elyse Tyrell who doubled as Jason's "Trustee," refused to assist him. - SM

Steve Miller: JUST IN: Jason Hanson's $80,000 + trust Was Held by Jared E. Shafer. In 2014, only $8,597.00 Remained

On September 14, 2007, Jason's Charles Schwab account held over $80,000. By 2014, it should have accrued an additional $28,000 in interest.

On February 12, 2014, the balance of Jason's Trust was only $8,597.62.

Please note "PO Box 50790 Henderson, NV" on Jason's Trust check is the same as Jared Shafer's PO Box number shown on the business card below. Jason's trustee, attorney Elyse Tyrell, should be forced to explain what happened to the balance from Jason Hanson's Charles Schwab account set up by his grandmother for his life long care and wellbeing. - SM