Saturday, September 3, 2016

Mysterious signature adds to confusion in Patterson Guardianship case

by Michael Volpe:
WASHINGTON, September 2, 201 6- A mysterious signature has deepened the confusion over Martin Patterson’s already controversial guardianship.

Patterson, only 37 and a former Army Ranger, was deemed incompetent as a result of being hit by lightning and placed into guardianship in 2011. Under guardianship, he is unable to make his own financial decisions.

Several neurological and competency tests have found Patterson competent.

Patterson alleges his mother Gail, an employee of the Erie, Pennsylvania VA Medical Center,  is responsible for the guardianship petition. He also alleges that since he has been in guardianship, approximately $100,000 has been misspent.

On August 1, 2014, Karen Boatwright signed off on the accounting for Patterson’s yearly budget- a total in excess of $75,000.

But Boatwright is an individual Patterson doesn’t know.

“I’ve never communicated with her,” Patterson said.

Patterson further stated the name was totally foreign to him until he discovered it on his document. He said that it was his understanding that his VA Fiduciary- the individual solely responsible for managing his money while in guardianship- was Laura Eaton of the local nonprofit MECA Inc. Not so, said Lisa Goebel, the spokesperson for the VA Fiduciary Hub In Indianapolis, which is overseeing the case.

Full Article & Source:
Mysterious signature adds to confusion in Patterson Guardianship case

See Also:
Former Army Ranger Claims Forced Guardianship

Beating Apathy in Dementia

90% of people with dementia suffer from apathy at some point. When they do, they decline faster and are harder to care for. A stimulating environment made all the difference in a revealing new study of 5 factors. Specifically, moderate stimulation did the most to lift people out of their apathy, while none or too much made it worse. Learn more about beating apathy in dementia.




People with dementia are less likely to be apathetic if they live in an appropriately stimulating environment, according to nursing researchers.

According to a report by The Centers for Disease Control, about half the people in nursing homes have dementia. 90% of them experience apathy at some point,
one of the most common neurobehavioral symptoms in dementia. Those with mild dementia will decline more quickly into severe dementia if they also suffer from apathy.

Help Them Stay Engaged

Ying-Ling Jao, assistant professor of nursing, Penn State, identified 4 negative consequences of apathy in dementia:
  1. Persons with dementia who are also apathetic won't be curious about the world around them;
  2. They are not motivated to carry out activity nor engage with those around them, in either a positive or a negative way.
  3. The individuals' cognitive function will likely decline faster.
  4. Caregivers will have more difficulty with their caregiving and are more likely to become depressed.
Jao observed 40 nursing home residents with dementia. She watched videos of each taken throughout a typical day. Three videos were chosen for each resident from recordings made during a previous study:
  • One taken at a mealtime,
  • One during a direct interaction between the resident and staff
  • One that was randomly selected.
Jao reports her results in The Gerontologist. She said,
'The purpose of this study was to examine the relationship between environmental characteristics and apathy in long-term care residents with dementia. My interest in apathy was mainly driven by my clinical observations in nursing homes when I was a nurse practitioner student. I remember that no matter which nursing home I visited, I often saw a crowd of residents sitting in the living room or hallway with no interest in the surroundings and no emotional expression.'

5 Influences on Apathy in Dementia

Jao zoomed in on five key characteristics that affect the quality of life in nursing homes:
  1. Environmental stimulation
  2. Ambiance
  3. Crowding
  4. Staff familiarity
  5. Light and sounds.
Of the five, clear and strong environmental stimulation associated most strongly with lower apathy in residents. This means an environment without competing background noise, and with a single straightforward stimulus. A good example is music therapy in a quiet room. A strong stimulus is intense, persistent, interesting and out of the ordinary. Even routine activities, such as a regular conversation or meal, count as moderate stimulation. A birthday party is considered strong simulation.

Strong Stimulation, No Stimulation, Overwhelming Stimulation

Assistant Professor Jao said,
'Interestingly, our results showed that clear and strong environmental stimulation is related to lower apathy, while no stimulation or an overwhelming environment with no single clear stimulation is related to higher apathy.'

'One of the innovative features of this study is that we used the Person-Environment Apathy Rating scale to measure environmental stimulation at an individual level. I believe that the same stimulation may be perceived differently or bring about different responses for different individuals in the same environment based on the individual's characteristics, interests and relevance to the stimulation. In fact, a stimulus may be clear to one person but unclear to another because of differences in hearing or visual abilities, especially in older adults.'

'One of the most important implications of these findings is that they will guide us in designing appropriate physical and social environments for dementia care that helps prevent or decrease apathy. We need more people to care about apathy for older adults with dementia.'
Jao plans to continue this research by replicating the study with a larger sample size and by looking more closely at the quality of interaction and communication between nursing home residents and their caregivers.

Full Article & Source:
Beating Apathy in Dementia

Unusual Dementia Facility Wants To Take Its Residents Back In Time

It’s always sunny inside the halls of an Ohio assisted living facility that has a one-of-a-kind approach to helping dementia patients feel comfortable in their surroundings.

A photo of the Lantern of Chagrin Valley assisted living facility got hundreds of comments after being posted on Reddit just a few days ago, showing the unique interior. 
Designed to have a 1930s-1940s feel, the facility wants to make dementia patients nostalgic, with an eye toward helping them relive their earliest memories.

The rooms are made to look like miniature houses on a golf course, complete with green floors, porches with rocking chairs and a ceiling that simulates sunny, blue skies by day and darkness at night. In the evening, lights on the patios come on, making it look as though you’re on an actual residential street. And there are other sensory enhancements, like the sounds of birds chirping and the smells of “peppermint and frankincense,” according to the News Herald.

CEO Jean Makesh says the elements have all been meticulously selected.

“I create a time capsule. It enables them to embrace everything around them,” he told Cleveland.com. The environment, he believes, has a calming effect, helping reduce common symptoms of dementia like agitation and anxiety.

The newest facility, pictured above, is the third of its kind in Ohio and just opened in July. At present, they only have one patient while they wait for state licensure, Makesh’s assistant, Heather Grice, tells The Huffington Post, but they have accommodations for up to 66 residents. Twenty-six of those spots are specifically for people with Alzheimer’s.

Besides enjoying the multi-sensory experience, residents at the new facility, like at the two others, will be encouraged to engage their minds ― whether it’s learning to write their names again or how to dress themselves each morning.

“We focus on what they can do and maximize on that and take things they can’t do and we work things back into their life,” Grice said.

Makesh said people have referred to him as “radical,” but he believes his method can help slow down the disease.  

Full Article & Source:
Unusual Dementia Facility Wants To Take Its Residents Back In Time

Friday, September 2, 2016

Glen Campbell Honored Among Alzheimer's Angst

Note:  The Falk/NASGA Legislative Team crafted the "Campbell/Falk Act" with the help of Senator Rusty Crowe and his wonderful legislative team. That bill became our signature bill and it received positive reviews in many states around the county.

The Campbell/Falk Act easily and enthusiastically passed the Tennessee Senate; but met with strong opposition in the House.  The House basically gutted our bill (removing accountability by adding a sentence which would have given public and professional guardians exemption from the requirements of the new law).  It was touch and go and we were worried the bill would not pass.

Were it not for the monumental efforts of Senator Rusty Crowe in negotiating with the House to remove the "free pass" the House version wished to give to public and professional conservators, the Campbell/Falk Act would not have passed at all.  


We are grateful to Senator Crowe for going more than the extra mile to ensure the passing of the re-drafted Campbell Falk Act in Tennessee, for his friendship and support, and the many hours he spent working with the Falk/NASGA legislative team to create the original bill which soon passed in its entirety in South Dakota.   


The country crooner was diagnosed with Alzheimer’s in 2011. This diagnosis spurred a documentary being filmed of his final tour as Campbell wanted to bring awareness to the disease to help others. It also brought on a family feud that continues today when Campbell does not have the ability to facilitate a reconciliation.

The prestigious Awards show will be televised for the first time in its 10 year history on September 9th, 2016 at 9:00 p.m. eastern on CBS. Glen Campbell will be honored by many via a medley of his hits by some of today’s hottest stars in country music at the 2016 ACM Honors which were filmed on August 30, 2016.

During the Awards show you will see a lot of great folks performing and being honored at this award show. What you won’t see are the adult children from Glen’s first and second marriages who were sitting in the audience get up and stand on the stage with Glen’s 4th wife and their 1/2 siblings to accept the award. The apparent shun and animosity did not go unnoticed by dozens of industry people in attendance and the Nashville music community is concerned.

There has been an ongoing feud between Glen’s 4th wife and some of his adult children from previous marriages for several years now. This unfortunately is happening more and more in families with loved ones suffering from Alzheimer’s. It seems to be a growing epidemic happening in today’s modern families, especially in families where there have been multiple marriages. Some good came from this feud however as the two oldest Campbell children (Debby & Travis) teamed up with Catherine Falk, the daughter of deceased actor Peter Falk and secured the Campbell Falk Bill. That Bill became law this past September, 2016.

Full Article and Source:
Glen Campbell Honored Among Alzheimer's Angst

See Also:
NASGA:  NASGA Members in Legislative Action

Experts Address Elder Financial Abuse as Global Problem

Experts on elder abuse meet in June at Weill Cornell Medicine to discuss the financial exploitation of older people. Clockwise from left: Karl Pillemer, Bridget Penhale, Nelida Redondo, Kendon Conrad, Mark Lachs and Peter Lloyd-Sherlock. All photos: Ira Fox
Financial exploitation of older people by those who should be protecting them results in devastating health, emotional and psychological consequences. A group of international elder abuse experts met in June at Weill Cornell Medicine to map out a strategy for conducting research on this problem in low and middle income countries.

The meeting, organized by Dr. Mark Lachs, co-chief of the Division of Geriatrics and Palliative Medicine and the Irene F. and I. Roy Psaty Distinguished Professor of Clinical Medicine at Weill Cornell Medicine, and Dr. Karl Pillemer, director of the Bronfenbrenner Center for Translational Research and the Hazel E. Reed Professor in the Department of Human Development at Cornell University, brought together experts from the United States, Canada, the United Kingdom, South Africa, and Argentina.

"Over the last few years, studies have found financial abuse and exploitation of older people to be extremely prevalent and extremely harmful for older people," said Dr. Pillemer, who is also a professor of gerontology in medicine at Weill Cornell Medicine. "These studies have mostly been done in the United States, England, and other high income countries, but very little is known about how this problem plays out in low-income countries. Our goal was to bring together research internationally and comparatively to try to understand this problem."

"This issue is an interesting integration of sociology, medicine, economics and geopolitics," said Dr. Lachs, who is director of Weill Cornell Medicine's Center for Aging Research and Clinical Care and director of geriatrics for the New York-Presbyterian Health System. "There has been growing interest here in the United States on financial vulnerability of older people, but I'm unaware of an international group that is focused on this."

One consequence of older people who are being financially exploited is that they cannot meet their own health needs. There are also psychological and emotional consequences because some older people live in fear of relatives who may be exploiting them and may give away much needed pensions to spouses, adult children, and other extended family members.

Top (from left): Chelsie Burchett, Bridget Penhale, Karl Pillemer, Janey Peterson, Kendon Conrad, Mark Lachs, Natal Ayiga, Steve Gresham. Bottom (from left): Peter Lloyd-Sherlock, David Burnes, Nelida Redondo.
According to Dr. Pillemer, based on available evidence, 5 to 10 percent of older people globally may experience some kind of financial exploitation. Exploitation can take different forms. In high-income countries, like the United States, the abuse may encompass theft, misuse of power of attorney or denying access to funds. In low-income regions, financial exploitation results from abuse of local laws and cultural norms. For example, in some South American countries, the law requires that children receive the parents’ dwelling, resulting in children moving parents into nursing homes in order to obtain the house. In parts of sub-Saharan Africa, women may be accused of witchcraft in order to seize their property or gain access to their funds.

Government pensions in low-income countries have become a source of income for older people, which puts them at risk for financial exploitation. However, researchers need to be sensitive to local cultural norms in their conduct of research and analysis of data so governments are not hesitant to provide much needed income to older people, according to Dr. Lachs.

"In some of the countries there's a cultural expectation that if the older person has a pension it will be shared with other family members," Dr. Lachs said. "Whereas in my practice, if a patient tells me that a child is asking for some of their pension, it raises the specter of the potential for financial exploitation."

The group, Dr. Pillemer said, concluded that there's a desperate need for new scientific knowledge about the extent, causes and consequences of this problem, as well as a need to understand how the problem of financial exploitation is the same across countries, and how it differs. The group is now working on a white paper to make the case for comparative research on financial exploitation of older people.

"That's important for a very critical reason: By looking at the dynamics of financial abuse in different countries, we can understand how policies affect both how much abuse occurs and how to deal with it," Dr. Pillemer said.

In addition to Dr. Pillemer and Dr. Lachs, attendees of the meeting were:
  • Bridget Penhale, Reader in Mental Health, University of East Anglia, UK;
  • Peter Lloyd-Sherlock, Professor of Social Policy and International Development, University of East Anglia, UK;
  • Steve Gresham, Executive Vice President, Private Client Group, Fidelity Investments, and Adjunct Lecturer in International and Public Affairs, Watson Institute, Brown University;
  • David Burnes, Assistant Professor, Factor-Inwentash Faculty of Social Work, University of Toronto;
  • Nelida Redondo, Senior Researcher, Universidad Isalud, Argentina;
  • Natal Ayiga, North-West University, South Africa;
  • Janey Peterson, Associate Professor of Clinical Epidemiology in Medicine, Integrative Medicine and Cardiothoracic Surgery, Weill Cornell Medicine; and
  • Ken Conrad, Professor Emeritus, University of Illinois at Chicago.
The meeting was supported by the Elbrun & Peter Kimmelman Family Foundation, Inc.

Full Article & Source:
Experts Address Elder Financial Abuse as Global Problem

Montgomery County judge's suspension amended

HOUSTON - A Montgomery County judge indicted for official misconduct had the terms of his suspension amended to allow him to perform administrative duties.

Judge Craig Doyal was originally suspended without pay June 28 for allegedly violating the Texas Open Meetings Act. At a July 26 hearing, Doyal and his attorneys argued that Doyal does not perform judicial duties as chief executive officer of Montgomery County and therefore would not jeopardize the interests of court proceedings.

The State Commission on Judicial Conduct Tuesday amended the order of suspension so that Doyal is suspended with pay from judicial functions. He will be able to continue to perform "non-adjudicative, administrative duties of Montgomery County Judge," the order said.

"I am thrilled to get back to the critical budget issues and the work of the county. It has always been my honor to serve this county. I know I have followed the law in my work here and that I did nothing improper. My lawyer and I will deal with the misdemeanor charge in court and I will get back to dealing with the county business and continue to do all I can to serve this great and growing county," Doyal said in a statement.

Doyal, Precinct 2 Commissioner Charlie Riley, Precinct 4 Commissioner Jim Clark and political consultant Mark Davenport were indicted June 24 by a Montgomery County grand jury.

They all face misdemeanor charges for allegedly holding private discussions about a $280 million road construction bond they passed in November.

If convicted, all four could face punishment ranging from probation to six months in jail.

Full Article & Source:
Montgomery County judge's suspension amended

Jewish Family Service helps ‘forgotten population’ with Volunteer Guardian program

Lynn and Match 2
Volunteer Lynn Spencer (right) spends time with her ward, Margie as part of Jewish Family Service’s Volunteer Guardian program. Photo Credit J.J. Mesko-Kimmich.

There’s a forgotten population of adults here in Akron: those who are mentally or physically impaired or developmentally disabled and without anyone willing or able to care for them.

Two years ago, Jewish Family Service of Akron (JFS) and Summit County Probate Court Judge Elinore Marsh Stormer partnered to institute a Volunteer Guardian Program to help serve this hidden population.

There are currently have 77 volunteers, but the baby boomer population is aging, creating increased need for additional volunteer support, says J.J. Mesko-Kimmich, who works for JFS as director of Volunteers for the program.

Says Stormer says of the program: “The need for compassionate, committed guardians is growing every year. I invite you to consider becoming a guardian through the JFS Volunteer Guardian Program. As a trained Volunteer Guardian, you can make a real difference to someone facing the most challenging time of their life.”

Volunteer Jay Regallis with his ward, Odie. Photo Credit J.J. Mesko-Kimmich.
Volunteer Jay Regallis with his ward, Odie. Photo Credit J.J. Mesko-Kimmich.

Program clients (wards), who are only accepted by referral from the Summit County Probate Court, must be 21 or older and must reside in Summit County. All JFS Volunteer Guardian clients live in nursing facilities and group homes that accept Medicaid.

The responsibilities of Volunteer Guardians include contacting their wards by telephone, letter and/or personal visit at least four times per year. Guardian paperwork is minimal; they are required to submit only one report per year to the court. Volunteer Guardians may be asked to assist with decisions involving medical treatment, housing, transportation and personal care necessities and options for their clients.

Says Kimmich: “In both the nursing home and the group home setting, there are supports and care teams in place to work through the decisions.  They all work together on behalf of the client, and the guardian is a part of that team, plus the Coordinated Care Team (CCT) at our office can help too. There are many supports in place.”

Volunteers must be 21 or older with a valid driver’s license. They do not have to reside in Summit County. JFS and the Summit County Probate Court require that all Volunteer Guardian applicants submit to a background check. Once accepted, they are asked to make an 18-month commitment to the program.

Volunteers receive training before beginning to work with clients. Photo Credit: J.J. Mesko-Kimmich.
Volunteers receive training before beginning to work with clients. Photo Credit: J.J. Mesko-Kimmich.

Volunteer Guardians are carefully matched with their clients. Kimmich takes gender, age, location, special client needs and Volunteer Guardian skills into consideration when pairing volunteers with their clients. Volunteers choose their clients from those identified as matches. They may visit the client first before making a commitment to a specific individual.

JFS Volunteer Guardians have no financial or estate management responsibilities, nor do they have any personal care duties.

Each volunteer receives comprehensive training so that they may enter the field well-prepared and confident about their role in their client’s life. There are also optional supplemental quarterly volunteer training sessions, and program staff are always available to provide added support.

JFS and the Probate Court work together closely to administer the program, and it receives a significant portion of its funding from the Court.

To learn more about the JFS Volunteer Guardian Program, go to http://jfsakron.org/volunteer-guardians.

Full Article & Source:
Jewish Family Service helps ‘forgotten population’ with Volunteer Guardian program

Thursday, September 1, 2016

Abuse and neglect of the Alzheimer’s patient -red flags

By Micha Shalev

Micha Shaley
This is part one of a two-part series. Part two will be in the October issue of the Fifty Plus Advocate.

Elder Abuse is one of the most overlooked public health hazards in the United States. The National Center on Elder Abuse estimates that between one and two million elderly adults have suffered from some form of elder abuse. The main types of elder abuse are physical abuse, sexual abuse, emotional and psychological abuse, neglect and self-neglect, abandonment, and financial exploitation. Elders with dementia are thought to be at greater risk of abuse and neglect than those of the general elderly population.

One occasionally reads of sensationalized newspaper stories of elderly Alzheimer’s and dementia victims who were subjected to abuse or neglect while they were residents in long term care facility.

Based on such newspaper accounts, one would have the impression that most cases of the abuse or neglect of Alzheimer’s or dementia victims takes place in such facilities. While such sorry events and incidents rarely do take place in such facilities, they are far from the norm. Recent studies however, have established rather clearly the troubling fact that most cases of the abuse of Alzheimer’s and dementia victims actually take place in the family home setting, by their own family members or paid care givers.

Potential indicators of abuse
Below are some potential indicators for each type of elder abuse. Please be aware that this does not represent a definitive listing.

Passive and active neglect
  • Evidence that personal care is lacking or neglected
  • Signs of malnourishment (e.g. sunken eyes, loss of weight)
  • Chronic health problems both physical and/or psychiatric
  • Dehydration (extreme thirst)
  • Pressure sores (bed sores)
Physical abuse
  • Overt signs of physical trauma (e.g. scratches, bruises, cuts, burns, punctures, choke marks)
  • Signs of restraint trauma injury – particularly if repeated (e.g. sprains, fractures, detached retina, dislocation, paralysis)
  • Additional physical indicators – hypothermia, abnormal chemistry values, pain upon being touched
  • Repeated “unexplained” injuries
  • Inconsistent explanations of the injuries
  • A physical examination reveals that the older person has injuries which the caregiver has failed to disclose
  • A history of doctor or emergency room “shopping”
  • Repeated time lags between the time of any “injury or fall” and medical treatment
Material or financial abuse
  • Unusual banking activity or bank statements (credit card statements, etc.) no longer come to the older adult
  • Documents are being drawn up for the elder to sign but the elder cannot explain or understand the purpose of the papers
  • The elder’s living situation is not commensurate with the size of the elder’s estate (e.g. lack of new clothing or amenities, unpaid bills)
  • The caregiver only expresses concern regarding the financial status of the older person and does not ask questions or express concern regarding the physical and/or mental health status of the elder
  • Personal belongings such as jewelry, art, or furs are missing
  • Signatures on checks and other documents do not match the signature of the older person
  • Recent acquaintances, housekeepers, “care” providers, etc. declare undying affection for the older person and isolate them from long-term friends or family
  • Recent acquaintances, housekeeper, caregiver, etc. make promises of lifelong care in exchange for deeding all property and/or assigning all assets over to the acquaintance, caregiver, etc.
Psychological abuse
  • Psychological signs:
    • Ambivalence, deference, passivity, shame
    • Anxiety (mild to severe)
    • Depression, hopelessness, helplessness, thoughts of suicide
    • Confusion, disorientation
  • Behavioral signs:
    • Trembling, clinging, cowering, lack of eye contact
    • Evasiveness
    • Agitation
    • Hypervigilance
Sexual abuse
  • Trauma to the genital area (e.g. bruises)
  • Venereal disease
  • Infections/unusual discharge or smell
  • Indicators common to psychological abuse may be concomitant with sexual abuse

Full Article & Source:
Abuse and neglect of the Alzheimer’s patient -red flags

Wednesday, August 31, 2016

New law extends statute of limitations in financial exploitation cases involving elderly, disabled

BENTON —Gov. Bruce Rauner signed a bill into law this week that extends the time period that charges can be brought against individuals accused of financially exploiting older adults or people with disabilities.

The law extends the statute of limitations for such crimes from three years to seven years, according to a news release from Sen. Gary Forby, D-Benton, a co-sponsor of the legislation.

The measure was signed into law by Rauner on Monday and is effective immediately.

“Unfortunately, the financial abuse of seniors and the disabled is on the rise,” Forby said in a statement. “It can force these vulnerable populations into dire financial situations, robbing them of their savings, their financial security and even their homes.

“It’s important that we continue to make necessary changes to our current safeguards to help prevent this type of abuse from occurring.”

Reported rates of elder abuse in Southern Illinois are higher than state and national averages. David Mitchell, the adult protective services unit director at Shawnee Alliance, a nonprofit that serves area seniors, recently told the newspaper that the rate of abuse of seniors and people with disabilities in Shawnee alliance’s 13-county catchment area is about 15 per 1,000 people. The statewide and nationwide rate is about 3.5 per 1,000 people, Mitchell said.

While recognizing elder abuse as a serious problem across the country, Mitchell also noted that this area may experience higher rates, in part, because of the awareness that has been created by Shawnee Alliance. The agency’s extensive outreach and education efforts on the issue of elder abuse are a positive for the region, he said.

Abuse can take many forms, including abuse that is physical, emotional or financial abuse or exploitation. It can rise to the level of a criminal offense, in which case that must be reported to the authorities, though Mitchell noted that often times the abuse is more subtle and involves exploitation by a family member that uses sob stories that may or may not be true, or threats not to visit an older person that is lonely, to convince her to fork over funds, sometimes funds she doesn’t have to give.

In a June interview, on the eve of World Elder Abuse Awareness Day, Mitchell said in an interview that by far the most common form of abuse cases reported to Shawnee Alliance involve financial exploitation. The most likely abuser is a family member or other trusted caregiver, he said.

Shawnee Alliance’s protective service unit investigates reports of abuse to adults age 60 and older, as well as adults with disabilities, broadly defined, ages 18 to 59.

The measure was House Bill 5805. It was co-sponsored by Rep. John Bradley, D-Marion, in the House. The vote to change the statute of limitations was unanimous in the House and Senate.

Full Article & Source:
New law extends statute of limitations in financial exploitation cases involving elderly, disabled