Sunday, February 28, 2016

Tonight on T.S. Radio: FACEUS.org returns

Embezzlement Unethical Standards (F.A.C.E.U.S.). F.A.C.E.U.S. began when we found ourselves in Probate Court. Many labor under the illusion courts promote justice.

The reality is, as the law is practiced today the word justice is little more than than a mask behind which court authorized embezzlement takes place. Many individuals and families find themselves in court entanglements only to discover too late not only is there no justice in sight, but the Court system itself works more like a criminal extortion racket than in the service of Justice.

 Our frieneds at F.A.C.E.U.S..org, Luanne and Robin return to update listeners on what is happening in Colorado.

 Bills are showing up at an amazing speed! Gosh! Even the BAR Association is writing one or two! If that didn't make your hair stand on end, not much will!

 Luanne and Robin will also talk about what they have accomplished so far and what it took to get it done. It would appear the legislature in Colorado has gotten the message!~ This system of judicial abuse and tyranny has got to change!

Please call in during the last hour with your questions or comments. We want to hear what you think!!

LISTEN TO THE SHOW LIVE or listen to the archive later

Mary's Conservatorship Story

A loyal granddaughter gives an account of what it was like when her grandmother went under court-appointed guardianship as she approached her 100th birthday. She tells the chilling tale of how the conservator's true nature was quickly revealed once he had seized control of her grandma's life and the steps she took to try to change the tide and protect her precious "Grammy."


Source:
Mary's Conservatorship Story

Keokuk woman arrested on elderly exploitation charge


KEOKUK, Iowa -- An Iowa woman was arrested Friday and charged with financial exploitation of the elderly after an investigation by Quincy police.

According to a Quincy Police Department news release, Laura Hawkins, 55, of Keokuk, was arrested in Keokuk. Police said they were notified by Sycamore Healthcare of a 77-year-old resident who was possibly being financially exploited by a family member who was acting as a power of attorney for the person. An investigation found that several thousand dollars allegedly had been misused.

Hawkins was released on a notice to appear. Her first appearance in Adams County Circuit Court has not been scheduled.

The Keokuk Police Department assisted with the investigation.

Full Article & Source:
Keokuk woman arrested on elderly exploitation charge 

4 Ways to Protect Your Aging Parents From Financial Abuse

Seniors lose billions a year because of the problem -- and it's only getting worse.
Financial abuse against elderly victims is nothing new, but with an aging population and more access to personal information online, it’s a crime that’s reaching epidemic proportions. Seniors in the U.S. lose about $36.5 billion per year to various types of financial abuse. Too often, scam artists, financial advisers, caregivers and even relatives take advantage of elderly victims’ cognitive decline or memory loss to exploit them financially.

Luckily, many of these cases can be prevented with smart steps on the part of both seniors and their loved ones. While talking money with your aging parents isn’t easy, your vigilance can help protect them from falling victim to this increasingly common crime.

Be Present
Simply being a regular presence in your parents’ lives can go a long way toward safeguarding them from financial exploitation. It’s far easier to detect signs of financial abuse firsthand. So if you live close enough, visit often – it’ll give you a chance to gauge how they’re doing physically, emotionally and financially. Unpaid bills, excessive spending, or other changes in behavior can all be red flags.

A sad truth is that financial abuse often goes hand-in-hand with physical or emotional abuse.

“It’s really rare that all that’s happening is financial abuse,” said Elizabeth Loewy, former chief of the Elder Abuse Unit in the Manhattan District Attorney’s Office, who oversaw thousands of elder abuse cases there.

Pay attention to any physical or behavioral changes your parents exhibit. Weight loss, weight gain, sudden anger, a withdrawn demeanor or secrecy about finances can all be signs that abuse is occurring, said Crista Chelemedos, Executive Director of Senior Advocacy Services, a San Francisco Bay Area nonprofit that supports seniors’ rights and access to health care and other services.

If you live too far away for frequent in-person visits, make time for regular phone or video calls.

Even better – have a trusted person who lives near your parents check on them and report back to you.

Have difficult conversations
Ensuring that your parents’ financial wishes are documented before dementia or other cognitive issues arise is perhaps the most crucial step toward preventing financial abuse.

That means having tough conversations early and often. Research from Allianz Life reveals that seniors who talk about their finances with a relative, friend or trusted professional are far likelier to take measures to protect themselves from financial abuse.

“The challenge is that as your parents begin to age, you don’t just get to roll in and say, ‘you’re not handling your money anymore,’” Chelemedos said.

“This is an ongoing conversation you need to have,” she said.

Many adult children worry about infantilizing their parents or appearing too intrusive by discussing their finances – but they shouldn’t, Loewy said. She recalled numerous elder abuse cases that could have been averted if the victim’s children had discussed their parent’s future wishes and helped them get their documents in order.

Ask who your parents’ current doctors and lawyers are, whether they have a power of attorney, an estate plan and other financial documents, Loewy advised.

Carefully Vet Professional Caregivers
While the rate of elder financial abuse by caregivers is a relatively small piece of the overall pie, these professionals are in a unique position to perpetrate the crime. Loewy noted that there are “bad apples everywhere,” and there’s no guarantee that the person hired to care for your parent will be one of the good ones.

Still, there are a number of things you can do to help prevent abuse by hired caregivers. For in-home caregivers, it’s generally best to go through a licensed agency that conducts criminal background checks. Ask them about the screening process they use.

Services like Caring.com or Medicare’s Home Health Compare tool allow you to browse consumer reviews of different home health agencies. Referrals from people you know and trust are also highly valuable.

Checking in with your parent after they’ve hired an in-home caregiver is key to preventing any exploitation by this individual. That means “physically being around or having a loved one who can check in without letting the caregiver know you’re checking in,” Loewy said.

Equally crucial is ensuring your parent isn’t sharing financial information with their caregiver.

Checks, debit and credit cards and any documents with personal information shouldn’t be easily accessible. While it may be convenient for a senior to hand a caregiver a debit card for groceries or other errands, this is where financial abuse by hired caregivers often starts.

Turn to technology
While the Internet can be a channel to perpetrate scams (from phishing scams to emails from alleged foreign princes) it also offers tools to help guard against financial abuse.

“Technology is absolutely the key for monitoring what’s going on, especially from far away,” said Loewy, who now serves as general counsel and senior vice president for industry relations at EverSafe, a financial monitoring service designed for older adults.

For a monthly fee, EverSafe scans all of a user’s financial accounts daily for suspicious activity based on the account history. (Unlike with most banks, “suspicious activity” in this case could be something as seemingly minor as ordering a new debit card).

Other online tools designed to help users keep track of their money, credit and identity include apps such as BillGuard, which links monitors credit and debit card accounts for any strange activity.

Full Article & Source:
4 Ways to Protect Your Aging Parents From Financial Abuse

Saturday, February 27, 2016

Doug Franks Testifies on HB 403


1/28/16 House Health Care Appropriations Subcommittee: House Representative Larry Ahern HB 403 bill passed 12 to 0

Source:
HB 403

Cleburne man fights to get back wife taken away by state agency



FORT WORTH - Donald Henry is as mad as he is dumbfounded.

The Cleburne man doesn’t understand why a state agency took his wife away from his care and won’t let her return to their home.

The Henrys have been married more than 67 years, and Henry said he has long been taking care of his wife, a cancer survivor who is in the early stages of dementia and who suffers from chronic pain.

But on Dec. 11, after an initial visit in November, a worker with Adult Protective Services filed an emergency protective order to remove Ethel Henry from his care. Since then, Henry said, his wife has been moved from one facility to another and is receiving less care now than when she was living at their apartment in Cleburne.

Henry, 85, said his wife is now at the Cityview Care Center, a skilled nursing center in southwest Fort Worth. Cityview Care Center administrators have not returned phone calls seeking comment, nor has the attorney appointed by the state to represent Ethel Henry.

Henry is allowed to visit his wife and said that she cries a lot while staring at the walls of her room.

Since that first protective order APS has filed two extensions, according to court records. Police delivered the latest order to the husband and wife late Tuesday, Henry said. A hearing regarding his wife’s removal is scheduled for March in Johnson County Court at Law No. 2. (Continue Reading)

Full Article & Source:
Cleburne man fights to get back wife taken away by state agency

CBS4 Investigates: Statistics show poor state of adult care in Indiana



INDIANAPOLIS, Ind. (Feb. 24, 2016) - Terrifying statistics about elderly care in Indiana were found as part of a CBS4 investigation.

The investigation shows a lack of funding for investigators tasked with reviewing cases of possible abuse and neglect. The investigation also shows a lack of oversight and regulations from the state.

CBS4 began looking into the statewide problems after a mother and son were arrested in Greenfield for operating a home care business out of their home without any regulations. Shawn Kearns and her son David were charged with neglect of a dependent and criminal recklessness. State law requires businesses like Kearns Comfort Care who may four or more patients to be licensed. Investigators found the Kearns running and operating a care facility without any licenses, regulations, or medical qualifications.

Indiana’s Family and Social Services Administration is the department that oversees the overall health and safety of adults in care homes and facilities across the state.

Adult Protective Services investigators are tasked with looking into claims of abuse and neglect. APS investigators are part of the Indiana Prosecuting Attorney’s Council, however, the funding for APS falls under Indiana FSSA. Indiana is the only state in which APS operates through a criminal justice function.

Right now, the budget for APS is just under $3 million total, with only $2 million coming from the general fund. In a comparison from other states, Indiana’s APS budget falls short. Illinois’ APS is a state run agency with a budget of $23 million. Ohio’s county-run APS budget is $3.5 million.

Indiana currently has 30 AP investigators. Many of them, including Jerry Kiefer, investigate abuse and neglect claims in three counties. Kiefer is in charge of protecting adults in Hancock, Shelby, and Johnson Counties. He has more than 15 cases each month he’s responsible for handling. Ohio and Illinois each have more than 100 APS investigators.

“I think sometimes a lot of what we do are band aids,” Kiefer said.

With the workload and amount of cases that pile up each day, Kiefer said sometimes certain victims may unintentionally fall through the cracks.

“If I get called out on something that I think requires my attention and I’m going to be there for a long time, the other cases that have come in, they start to back up,” he said.

Cases of financial theft are very common, especially in the areas Kiefer is charged with investigating. He said those cases take a lot of legwork and require a lot of time to complete. He’s concerned these types of cases will get worse as Indiana’s senior population continues to grow.  (Continue Reading)

Full Article & Source:
CBS4 Investigates: Statistics show poor state of adult care in Indiana

Bring elder abuse into the light so we can help


The problem of elder abuse – physical, psychological and financial – isn't immediately apparent unless you or your closest have endured it; unless you have worked in aged care and seen it.

As we live longer, we hope for a peaceful existence with our loved ones or at least in a place that feels like home. Most of us will find that.

But with longevity can come loneliness, vulnerability, and worse.

The problem of elder abuse – physical, psychological and financial – isn't immediately apparent unless you or your closest have endured it; unless you have worked in aged care and seen it.

The NSW Upper House inquiry into elder abuse is a welcome opportunity to try to assess the extent of the problem and to bring it to public attention. They are the prerequisites for fine-tuning laws and protocols surrounding aged care inside and outside the home.

Submissions to the inquiry closed this month. Many rang alarm bells.

"When staff in aged care stop caring, there is a huge potential for abuse," wrote one nurse who has been registered since 1982. "But it is so hard for them to keep caring when there is no support given and no respect from management! Something needs to be done. The average age of a worker in aged care is 48, well above other industries. There is often high staff turnover, as the job satisfaction and rewards are not there when there is no support for staff and no time to care!"

Decisions about where and how to spend your final years used to be purely about money as well as the availability of family and health support. They are becoming increasingly about safety as well. This is not the old-style "panic" where the elderly were warned to stay off the streets as crime soared. Indeed, most street and house crime has dropped considerably.

The threat of elder abuse emerges far more often from those who care for us as we become less able to fend for ourselves: our family, our friends, care workers, financial advisers and even lawyers. More of us will become dependent on these people as the number of sufferers of dementia in particular increases. There are 342,000 Australians living with dementia and this will rise to almost 900,000 by 2050 without a major medical breakthrough. NSW has about 112,000 people living with dementia, with this number to reach 272,000 by 2050.

"Lawyers are central to the process of older people appointing substitute decision makers, often family members," Macquarie University law lecturer Lise Barry says in her submission. "Under the current law, these appointments give the attorney almost unfettered access to an older person's property, finances and legal decisions, highlighting how vulnerable some older people may be to abuse … If called upon to witness these appointments, lawyers should take the opportunity to screen for abuse."

Remember, we talking here about a very small minority who are abusers – but the opportunity for them to act will keep increasing without action.

In part the problem is cultural. The elderly must be afforded the respect of a healthy life in safety so they can contribute as much and for as long as they want, with appropriate safeguards against exploitation. Likewise, every single person who chooses a life of helping the aged deserves support. When it is missing, things can go wrong.

Reportable assaults in nursing homes have increased 86 per cent since 2009, even though the number of residents rose only 20 per cent over that period.

Without community support, many in their own homes also feel vulnerable. A submission from the Older Women's Network highlights that older women may be exposed to abuse by a broad range of family members and carers. Older women living alone are less likely to be physically or psychologically abused, but may be more at risk of financial abuse by an adult child after the death of a partner. Social isolation of both victim and abuser is a common feature of violence against older women.

Certainly, as Professor Susan Kurrle​ from the Faculty of Medicine at the University of Sydney says in her submission, recognition of abuse risks has improved. She cites a 1989 instance where health professionals missed the signs that a 78-year-old man was being physically abused by his daughter. A 2010 case involved an 81-year-old man whose son moved in with him after divorce. The early signs of abuse were detected by asking, "Are you afraid of anyone?" and "Has anyone hurt you recently?"

The Australian Longitudinal Study on Women's Health shows women who have experienced abuse "tend to be less educated and have more difficulty managing on their available income ... Compounded by the impacts of abuse, women may suffer stress, depression, reduced confidence, restricted activities, feelings of insecurity and forced changes to living arrangements."

The issues are complex and the solutions even more so. As a significant step, the public needs to understand these concerns are real, not just for the elderly but for those who care from them too.

Full Article & Source:
Bring elder abuse into the light so we can help

Friday, February 26, 2016

Joe Roubicek: Joe's Cases: Anything for Money: A Predator's Tale

Ina hated that incessant ringing as she lay in bed with her bedroom light on in the middle of the night. I’m 93 years old, for God’s sake, she thought. I can’t take this anymore. With a trembling hand she picked up the receiver. “Hello?”

Heavy breathing, then cries and screams. “Aaaaaggg help! Aaauughhh!” It sounded as if someone were being tortured.

“Who is this?” … Silence … “Leave me alone!”

More heavy breathing.

Ina hung up the phone and unplugged it from the wall.

Next morning, she washed, made her coffee, and returned to the bedroom to plug the phone back in, something she had done every day for the past week. But no sooner had she plugged it back in when it began ringing. Since it was daytime and the nuisance calls only came in at night, she answered the phone.

“How are you this morning?”

Ina recognized the Caribbean accent of Sharon Wilcox, a woman she had recently employed. In fact, she had expected the call.

“What do you want?” Ina asked.

“I need more money, Ina.”

“I’ve already given you plenty of money, Sharon. It’s time you left me alone.”

“You know, Ina, I still have the key to your garage. You mustn’t make me use it.”

“This is the last time, so you better stop calling me.”

“I’ll need $500,” Sharon said.

“And then you’ll leave me alone?”

“I promise. I’ll stop by this afternoon to drop off your key and say goodbye, okay?”

Ina agreed and Sharon Wilcox, her former devoted caretaker, came to the house that afternoon, picked up a $500.00 check, returned Ina’s garage key, a key that ultimately already had cost Ina $2,000 to retrieve it.

Maybe the calls would stop. Maybe Ina could have some peace.

Full Article and Source:
Joe's Cases:  Anything for Money:  A Predator's Tale