Sunday, May 21, 2017

Disability Rights Ohio sues Gov. John Kasich, state officials

COLUMBUS, Ohio -- Advocates for disabled Ohioans filed a class-action lawsuit against Gov. John Kasich and the state of Ohio over what they say is illegal segregation of institutionalized people with disabilities.

Disability Rights Ohio filed the complaint Thursday in federal court on behalf of six Ohioans with disabilities and approximately 27,800 similarly situated Ohioans. The complaint alleges the state has not complied with the Americans with Disabilities Act and the U.S. Supreme Court decision Olmstead v. L.C. and E.W.

State officials pushed back on the claims, saying the state is working with providers.

Why are they suing?

The lawsuit alleges people with intellectual or developmental disabilities who want to live and work in their communities can't because of limited state funding.

Large intermediate care facilities have eight or more beds and are "highly regimented and controlled, with little privacy, independence, or personal autonomy," according to the complaint. Facility residents have few if any interactions with people other than paid staff. If they work, most facility residents work in sheltered workshops, which the organization says further segregates people with disabilities.

Of the 5,800 individuals living in those facilities, 2,500 are on a wait list for a Medicaid waiver to receive services at home. Another 22,000 people who are not institutionalized are on the wait list.

Last year's state budget allocated millions of dollars for additional waivers, but Disability Rights Ohio Executive Director Michael Kirkman said the money won't fix problems with how the waivers are awarded.

Ohio is unique in that developmental disability services are provided through each of the state's 88 counties. Medicaid waivers that cover services provided in homes and communities are partially funded with local dollars. Residency in an integrated care facility is covered by Medicaid, which Disability Rights Ohio says is a disincentive to move people out of the facilities.

"Where you receive services should not depend on where you live," Kirkman said at a Thursday press conference.

Disability Rights Ohio raised its concerns with the Kasich administration in 2014. Negotiations followed, Kirkman said, but didn't pan out. The lawsuit seeks a court order forcing the state to expand choices for people with disabilities.

What does the administration say?

In addition to Kasich, the lawsuit is suing the directors of the Department of Developmental Disabilities, Department of Medicaid and Opportunities for Ohioans with Disabilities.

Zach Haughawout, a deputy director with the state developmental disabilities department, said Disability Rights Ohio is not being truthful about its conversations with state officials to address their concerns. Haughawout said that department attorneys attempted to sit down with Disability Rights Ohio as recently as two weeks ago, ahead of the lawsuit. Disability Rights Ohio confirmed a meeting has been set up for next week.

Last year's state budget allocated $300 million to expand community-based options for individuals with developmental disabilities and their families. The budget created 3,000 new waivers to cover community-based options. Haughawout said 1,200 waivers will provide options for people who want to leave the facilities or would have no other choice but to go there.

"Rather than allow the Department of Developmental Disabilities the time to implement budget changes negotiated with providers, county boards of development disabilities, self-advocates, and family members, they've decided to subject Ohioans with developmental disabilities to their singular vision  of what is best for them," Haughawout said in an email.

Full Article & Source:
Disability Rights Ohio sues Gov. John Kasich, state officials

Saturday, May 20, 2017

Six civil cases filed against Harbor Hospice of Beaumont



Jefferson County published records show six lawsuits were made in the past against a Harbor Hospice office location in Beaumont.

Several of the lawsuits were filed over the past eight years.

Lawyer Chris Portner represented three clients in a lawsuit against the Harbor Hospice location off Major Drive.

Two lawsuits from 2012 and 2014 involved fraud allegations from business partners of Dr. Qamar Arfeen. However, Portner said both of the cases were dismissed because the plaintiffs did not file their claims on time.

Portner also represented another client in 2011 who had a business dispute with Dr. Arfeen but the case has been settled. 12news could not confirm the terms of that settlement at this time.

Two other cases from 2009 and 2012 involved allegations of patient neglect but the status of those lawsuits remain unclear.

Another case was filed in 2016 but 12news could not determine details surrounding the case.

Federal agents are still not giving information on why Harbor Hospice officers were raided Thursday morning.

However, patients are still getting treated inside the offices as usual.

A source inside the Diagnostic Group Lung Center which is owned by Dr. Arfeen said employees have been told their jobs are safe and that no facilities would be shut down.

The source also confirmed that Dr. Arfeen did not address his employees but sent an email.

12news tried talking to Dr. Arfeen as he was leaving the Lung Center but he did not want to leave a comment.

Full Article & Source:
Six civil cases filed against Harbor Hospice of Beaumont

Big changes for guardianship in Nevada



RENO, Nev. (KOLO) - Many of us remember the actor Peter Falk as the bumbling detective “Columbo” or as the grandfather-story teller in "Princess Bride."

In New York state, prosecutors know him as a son who pushed for the arrest and conviction of a man who befriended his wealthy mother, isolated her and bilked Madeline Falk out of a million dollars.

“He did public service announcements for financial exploitation. He felt very passionately about it,” says Catherine Falk.

But what you may not know is Falk had two daughters who found out about their father's death through news media accounts.

Catherine Falk says she fought her stepmother in court for months to gain access to her father, who by the time she got to see him suffered from dementia.

“You know the burden should not be placed on the person--the family that's wanting to see visitation. The burden to isolate should really be put on the power of attorney to justify why are you isolating this person from all of these people,” says Falk.

If you think such things are impossible in this day and age, think again.

Current laws in Nevada allow a court appointed guardian--be it relative, a private company, or public guardian--to make all decisions for the person who is declared incapacitated, sometimes with very abusive results.

“A private professional guardian who had moved that elderly person, and was charging unbelievable fees. One day it appeared as if they billed 25 hours in one day.....yeah.” testified Barbara Buckley with Legal Aid Center of Southern Nevada.

Her agency has investigated and represented “Protected Persons” for more than a year now.

Buckley told Assembly Judiciary Committee members she supports both Senate Bills 433 and 360 because they paint clear-cut lines with what rights a "protected person" has, as well as directs the guardian to what they can and cannot do, and what needs to be reported to the court that oversees the process.

"The Bill of Rights" which she authored, if passed, would make Nevada only the third state in the nation with such a system in place.

“So this to me is one of the best bills in the country,” said Catherine Falk about SB 360 which contains the Bill of Rights as well as criminal penalties for guardians convicted of elder abuse or exploitation.

Guardians and facilities that violate the bill of rights can face civil litigation. But both Senate Bill 433 and 360 must make their way to the governor's desk first.

Assembly Judiciary took no action on these two bills May 15, 2017.

But as one lawmaker said last week, this session could be the year of marijuana, as well as changes to guardianship.

Full Article & Source:
Big changes for guardianship in Nevada

Why Many People Abandon Friends and Family With Dementia and Shouldn't

Several years ago, a close family member was diagnosed with breast cancer. The diagnosis was shocking, but the response was heartening. The oncologist analyzed the tissue sample down to its very receptors and provided a crystal-clear roadmap for treatment. An experienced and compassionate lay “navigator” was assigned to help guide my loved one through treatment. Friends and family rallied, making regular visits, cooking meals, holding hands, wiping tears, and, with time, becoming fierce advocates for disease awareness and research.

This response to breast cancer is part of an entire movement of support that has been embraced on all levels of society and has even engaged NFL players to bling themselves out in pink for one weekend of football every fall. It’s a model of how we should respond to any disease: wide-eyed with interest and support and dedicated to caring and curing.

Sadly, the picture couldn’t be more different for individuals suffering from Alzheimer’s disease and other forms of dementia.

Symptoms are insidious and easy to miss or ignore in early stages, and the diagnosis is never as certain as with many cancers since we do not routinely collect a sample of brain tissue to analyze. There is a dire shortage of specialists trained to manage dementia and even fewer in the pipeline. There are almost never volunteer “navigators” to support people through the many years of this disease. Precious few people, sports figures and celebrities have become advocates for promoting Alzheimer’s awareness and research.

All these deficits exist despite the fact that most people have a loved one or close friend with Alzheimer’s disease.

This disease affects and estimated 5.5 million Americans and its numbers are growing rapidly according to the 2017 Alzheimer’s Facts and Figures put out by the Alzheimer’s Association. It is the fifth leading cause of death after the age of 65, and reported deaths have increased by nearly 90% in the past five years. Currently, it is the most expensive disease to our economy, and yet the U.S. spends only a tenth of the research dollars for Alzheimer’s disease that are spent for heart disease and cancer combined.

Full Article and Source:
Why Many People Abandon Friends and Family With Dementia and Shouldn't

The Italian village with more centenarians than anywhere else in the world

The small Italian village of Acciaroli has the highest number of centenarians in the world but what is their secret to long-life and happiness? ITV Health Editor Rachel Younger finds out as she reports for On Assignment.

Naples
 
Retirement in this Italian village looks very different to in the UK Credit: On Assignment/ ITV

Growing old in 21st century Britain is no picnic. Social care is on its knees, the waiting time for hip replacements is rising by the day and loneliness amongst the elderly is in danger of becoming an epidemic.

Among my parents' generation of sprightly septuagenarians no one seems to fancy hanging around long enough to get that once prized telegram from the Queen. "Shoot me at 85!" they shout, when I tell them I'm off to Italy to meet a bunch of centenarians.

Pensioner

For this couple the small village of Acciaroli, close to Naples, is the perfect place to grow old Credit: On Assignment/ITV

The small village of Acciaroli, close to Naples, has a higher percentage of people hitting 100 than anywhere else in the world. My mission is to find out why.

Blame the red wine and long lunches if you like, but scientifically speaking, I can't say I came home much the wiser. Yes, there is some evidence pointing to genetics, diet, even the local strain of rosemary but frankly the samples aren't big enough, the research not yet fully tested.

What we did discover was a corner of Italy where people have all the time in the world.

No one rushed us through our interviews, everyone offered us a drink, most wanted to invite us back to the family home or local restaurant for a three-course meal. Bowls of pasta that in one cafe were made from scratch by 95-year-old Maria because she likes to keep her hand in. Because she reckons keeping busy - but not too busy - keeps her young.

Pasta

95-year-old Maria says making pasta from scratch keeps her busy and helps keep her young Credit: On Assignment/ ITV

I did hear the term "office hours" once, but only because that's how 94-year-old Beppe likes to describe the daily appointment he keeps with his friends to play cards at the local cafe.

It's not that the former fisherman doesn't care about his health. Beppe gave up smoking in his eighties to try to outlive his brother. But he's got better things to do than sit around dwelling on it.

Fishing

Fishing, playing cards, and meeting up with friends help pensioners in Acciaroli keep busy Credit: On Assignment/ ITV

Seriously, this sun-drenched peninsula is no utopia. Mafia style shootings aren’t unknown and there isn't much state sponsored care of the elderly.

Instead families and neighbours look out for each other, everyone's in and out of each other's houses, people never move from here and no one seems to be alone for more than a few minutes. It's life affirming and frankly envy-inducing to witness.

We meet a couple of farmers not far off a century themselves who like to share a drink before dinner. "To life!" they bellow, toasting each other with toothless grins, hamming it up for our cameras. "It's a wonderful life, if you know how to live it!"

I'd like to grow old here, enjoying the sunshine, the food and wine, and the company of my friends.
And if I had to guess, I'd say that might just be the secret behind their longevity.

Full Article & Source:
The Italian village with more centenarians than anywhere else in the world

Friday, May 19, 2017

Assembly hears testimony on reforming Nevada guardianship system

Barbara Buckley
CARSON CITY — The Assembly Judiciary Committee on Monday heard two bills aimed at reforming Nevada’s guardianship system.

Senate Bill 360 puts tougher penalties in place for guardians who abuse and neglect elderly and vulnerable wards in their care. The bill allows prison sentences of up to 20 years for such cases. The current maximum is six years in prison.

Senate Bill 433 puts a mechanism in place to ensure a protected person can communicate with family and friends. Supreme Court Justice James Hardesty told lawmakers that the state’s guardianship commission had found protected people were often restricted in that regard.

“It starts with the presumption that guardians will not restrict someone from communication,” he said.

Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, told lawmakers that checks and balances are needed. She shared a story about a woman under the care of a guardian who was put into a group home, isolated from family, as her belongings were sold.

“The guardian acted like God, destroying this person’s life,” she said.

The Assembly panel also heard testimony that included support from Catherine Falk, the daughter of actor Peter Falk.

She told the committee of a lengthy legal battle to see her father, who was suffering from dementia, after her stepmother wouldn’t allow visits. Falk died in 2011 and was buried without his two daughters being notified; they found out through media reports. She now advocates for guardianship laws through the Catherine Falk Organization.

“We feel if a guardian is restricting visits unfairly or without real reason other than personal animosity towards the family or simply for convenience, the court should know about it by requiring real proof that isolation is necessary,” Falk said.

The committee did not act Monday on the bills, which have both passed the Senate unanimously.
Contact Ben Botkin at bbotkin@reviewjournal.com or 775-461-0661. Follow @BenBotkin1 on Twitter.

Protections for wards

Rights for those under guardians in the “Wards’ Bill of Rights” of Senate Bill 360:

■ Notice of all guardianship proceedings.
■ A copy of documents in guardianship proceedings.
■ A family member, interested party or medical provider can speak on behalf of a ward.
■ Participate in developing a plan for your care and managing assets and personal property.
■ Remain as independent as possible.
■ Be treated fairly by guardian.

Full Article & Source:
Assembly hears testimony on reforming Nevada guardianship system

See Also:
Guardian oversight bill headed for vote in Nevada Assembly

Newark law firm partners indicted in theft of $140,000

Richard Roberts
A Grand Jury has indicted two suspended attorneys, partners in a former Newark law firm, in connection with allegedly stealing more than $140,000 from clients, according to Attorney General Christopher S. Porrino.

Richard M. Roberts, 79, of Bloomfield, and Gerald M. Saluti Jr., 49, of Howell, on Wednesday were charged with second-degree conspiracy, second-degree theft by failure to make required disposition of property received; third-degree hindering apprehension or prosecution, and third-degree perjury.

Roberts, as a prosecutor in the 1970s, obtained an indictment against Harlem drug kingpin Frank Lucas, according to the Associated Press. Roberts was portrayed by Russell Crowe in the 2007 film about the case, “American Gangster."

From October 2012 to August 2013, Roberts and Saluti allegedly conspired to steal more than $140,000 from four clients whose funds had been placed in the firm’s attorney trust account.
Gerald Saluti Jr

The funds allegedly included settlement awards owed to the clients and monies the lawyers were obligated to hold in escrow or use to make payments on behalf of the clients.

In addition to allegedly misappropriating funds to pay the firm’s expenses, Roberts and Saluti allegedly used funds to pay their personal expenses, including car payments, credit card bills and entertainment expenses. Roberts used $20,000 in stolen funds to make alimony payments, authorities alleged.

The hindering and perjury charges relate to allegations that Roberts and Saluti falsely told law enforcement and testified under oath that the practice administrator for their firm, Gabriel Iannacone, was solely responsible for the misappropriation of certain client funds from the attorney trust account.

It was alleged that, in fact, Roberts and Saluti conspired with Iannacone in those improper withdrawals and payments.

Ianncone pleaded guilty on Jan. 23 to third-degree conspiracy to commit theft by failure to make required disposition of property received. His sentencing is pending.

The Division of Criminal Justice’s investigation was ongoing, and additional charges may be filed against Roberts and Saluti, according to the Attorney General’s Office. Both attorneys are suspended from the practice of law in New Jersey. Roberts was suspended in November 2015, and Saluti in February 2014.

In August 2013, the men dissolved Roberts & Saluti LLC, which did business as the Saluti Law Group.

Mercer County Superior Court Judge Timothy P. Lydon presided over the indictment and assigned the case to Morris County, where Roberts and Saluti will be ordered to appear in court at a later date for arraignment.

Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000, while third-degree crimes carry a sentence of three to five years in state prison and a fine of up to $15,000.

In April, Roberts pleaded guilty in Newark federal court to an information charging him with one count of failing to pay payroll taxes and one count of failing to pay personal income taxes. Sentencing in that case is scheduled for Aug. 1.

Full Article & Source:
Newark law firm partners indicted in theft of $140,000

AARP, Legislative Aging Leaders, Advocates Commit to Pursue Anti-Elder Financial Abuse Legislation

AARP NY State Director Beth Finkel
ALBANY, N.Y. – Leaders of aging policy in the New York State Legislature stood with AARP and other aging advocates today and pledged to work toward passing bi-partisan legislation to combat elder financial exploitation before the end of the 2017 state legislative session.

Legislative Aging Committee Chairs Senator Sue Serino and Assemblywoman Donna Lupardo and Senator David Valesky – a former Aging Chair – joined AARP, the Alzheimer’s Association and 100 AARP volunteers from across New York at the Legislative Office Building to announce their commitment to work together on a comprehensive bill that can be enacted this year. New York StateWide Senior Action Council, LiveOn NY and Lifespan of Greater Rochester also indicated their commitment to the effort.

Elder financial exploitation is a growing problem; the number of reported cases of financial exploitation increased by more than 35% between 2010 and 2014, according to a study last year by the New York State Office of Children and Family Services (OCFS). Over one third of victims showed signs of dementia. The New York StateWide Senior Action Council, LiveOn NY and Lifespan of Greater Rochester also indicated their commitment to the effort.

Financial exploitation of older adults is the most common form of elder abuse, and the OCFS’s Bureau of Adult Services estimates that elder financial exploitation in New York costs $1.5 billion a year.

With 100 AARP members from across New York at the Capitol today to lobby lawmakers on elder financial exploitation and other issues, AARP, the Alzheimer’s Association’s New York State Coalition and the Statewide Senior Action Council announced their support, at minimum, for increased efforts to train professionals to improve detection of dementia and to help financial institutions stop fraudulent transactions and report them to authorities.

“As our population ages, elder financial exploitation is on the rise. It’s time to stop this shameful crime and protect older New Yorkers and the assets they’ve worked a lifetime to secure,” said AARP New York State Director Beth Finkel. “We’re pleased that Senators Serino and Valesky and Assemblywoman Lupardo are joining with AARP, the Alzheimer’s Association and Statewide Senior Action Council today to pledge to work toward a bi-partisan agreement this legislative session. We need a multi-disciplinary approach with everyone at the table: law enforcement, consumer groups, patient advocates and the financial industry. Older New Yorkers’ livelihoods are at stake. There’s no time to waste.”

“Taking advantage of a vulnerable older New Yorker–a New Yorker who has spent a lifetime building their savings–is a particularly abhorrent crime,” said Senate Aging Committee Chair Sue Serino.

“Combatting elder abuse and financial exploitation has been my priority since being named Aging Chair and I will continue to work tirelessly to ensure that our seniors have the resources they need to remain free from harm and safe from abuse. Once again, I urge my colleagues in the Legislature to step up for seniors and do right by them by passing legislation that will play a direct role in ensuring their health and safety.”

“We are seeing increasing incidences of elder abuse, and we must do all we can to stop this disturbing trend,” said Senator David Valesky. “The legislation that I sponsor would establish new protections for our elderly citizens and give law enforcement officials an additional tool to pursue and prosecute those who would take advantage of and harm adults who are unable to protect themselves.”

“Elder abuse can take many forms, but the financial exploitation of seniors is rapidly becoming one of the most prevalent forms,” said Assembly Aging Committee Chair Donna Lupardo. “Last year, New York State Office of Children and Family Services report on Financial Exploitation reported a 35% percent increase in cases of senior financial exploitation from 2010 to 2014, and there are an even greater number of cases which go unreported. While proposals have been around for many years, it’s time the Assembly and Senate come together and find common ground on the issue. I’m committed to working with my colleagues to pass legislation before end of session.”

“The Alzheimer’s Association, New York State Coalition is pleased that AARP, and so many of our partner organizations, are working together with the legislature to strengthen protections from financial exploitation for our seniors in New York with Alzheimer’s or other cognitive impairment,” said Jane B. Ginsburg, Executive Director, Alzheimer’s Association, New York State Coalition.

“There are 390,000 New Yorkers with Alzheimer’s. We must do everything we can to safeguard them from being taking advantage of. Establishing training guidelines with stakeholders for bank employees is the first step in this important process.”

“We need an innovative approach by creating an interdisciplinary program that will work to stop senior fraud through prevention, education, and services,” said Maria Alvarez, Executive Director of New York StateWide Senior Action Council. “In this age of automation and constant changes in the way that government and merchants conduct business, scams and frauds have taken on a larger life.

Whether it is the tax scam, identity theft, medical ID thefts, deed thefts as well as outright robbery, at StateWide, we find that when we partner with as many government and community agencies as possible, we are more successful in getting optimal results. Reports on the cost of financial elder abuse to New York seniors come to a whopping $1.5 billion each year. As the number of retirees grow in this state at exponential rates, it is important to address their needs and adapt the infrastructure that is serving what will soon be fully 25% of our New York’s population.”

“LiveOn NY has long advocated for meaningful legislation to address the issue of financial exploitation,” said Allison Nickerson, Executive Director of LiveOn NY. “Given the enormity of this problem, at a cost of at least $1.5 billion annually to New York state and individual older New Yorkers, and its devastating impact on older adults, we applaud the Assembly, Senate and Governor for focusing on this issue. We are proud to work together with a strong coalition of aging advocates to ask the legislature for changes that would provide a seamless reporting and disclosure process between banks, APS and law enforcement, which will stop the bleeding of older New Yorkers’ financial resources.”

“Lifespan is thrilled to partner with a group of statewide agencies to bring attention to the serious issue of elder financial exploitation,” said Ann Marie Cook, President/CEO of Lifespan of Greater Rochester. “We know that financial exploitation is the most prevalent form of elder abuse and costs victims and the state billions of dollars. We are working together to ask the legislature for changes so that banks can hold a suspicious transaction for further investigation, report suspected abuse to the right authorities and provide immunity to banks for reporting. Our ultimate goal is to help older adults in New York State live fulfilling lives free of abuse and exploitation.”

The advocacy groups have voiced support for various bills aimed at fighting senior financial exploitation, including S1093/ A6099 (Valesky, Serino/Lupardo) and A6395 (Lupardo). Today, the legislative sponsors joined the advocacy groups to announce their support for negotiating a comprehensive bill before the legislative session ends next month.

Governor Andrew Cuomo included anti-elder financial exploitation provisions in his state budget proposal this year but none made it into the final budget enacted last month.

Full Article & Source:
AARP, Legislative Aging Leaders, Advocates Commit to Pursue Anti-Elder Financial Abuse Legislation

Thursday, May 18, 2017

Panel takes first step to undo secrecy

The rules guiding adult guardianship cases provide for too much secrecy and not enough notice of court hearings to families of the incapacitated adults, members of the New Mexico Adult Guardianship Study Commission heard last week.

Marjory and Leroy Martinez
In its second meeting, the commission, appointed by the New Mexico Supreme Court to study the state’s system of adult guardianships, listened to dozens more stories from families outraged by the “racket” of the court oversight process for their elderly or infirm family members.

While the first two meetings have focused on bringing all 16 commission members up to speed on the often complicated guardianship process, Commission Chairwoman Wendy York, a retired state district judge, said the panel is starting to home in on recommendations to improve the system.

“We are hearing common themes, so it gives us the beginning of a road map,” York said after the all-day meeting. “We are hearing about notice of court hearings, involvement of family members, and what is the appropriate line to draw between complete access to information and privacy.”

The themes are arising out of public comment from families affected by the guardianship system, which is the legal process that oversees the lives and finances of incapacitated adults when family members can’t do it – often because they cannot agree on a course of action. The court appoints third-party nonrelatives and corporate professionals to determine how the incapacitated adult, often times elderly, will live and how his or her money will be spent.

But the process is secret, which is a protection for the vulnerable adult’s information but also, critics say, a protection for unscrupulous people looking to get rich off a family’s estate.

One lawyer offering public comment Friday said the secrecy of the process raises “due process concerns.”

Brian Vogler told the commission that his client needed to get some information from his guardian, but the guardian declined to provide that information.

“(It) seems there needs to be a window in to see how the court is proceeding,” Vogler told the commission. “It’s hard to balance everyone’s needs.”

After the meeting, he said his inability to see how judges behave or have behaved prevented him from accessing the nuances of the situation. He said he wanted to speak to the commission to provide a perspective that the secrecy “doesn’t just impact families.”

The commission on Friday took a step toward making certain guardianship case dockets are available on the state court system’s public website, where they are scheduled to appear later this month under an ongoing court effort to streamline case files.

Commissioners voted to have York send a letter to the court asking that the records access changes be made a priority if the implementation doesn’t happen as planned on May 23.

Until now, despite assurances from court officials that the documents were public, they have not been available on the website, nmcourts.com.

York said Friday that was mostly a clerical issue. She said members of the public said some court clerks were unaware that certain information in guardianship cases was public under states law.

But other changes to address the secrecy shrouding the process aren’t clear.

“Talking about the problems in the system is easier, but suggestions are more difficult,” York told the crowd, a group of about 30 people, most of whom had experiences with guardianship in their family.

The commission is studying whether reforms are needed in the laws, rules or court practices that up to now have mostly been playing out in closed-door District Court guardianship/conservatorship hearings, which by law are sequestered to protect the privacy of the incapacitated person. An interim report of possible recommendations is due to the Supreme Court by Oct. 1.

Leroy and Marjory Martinez told the panel that when her mother was put under court-ordered guardianship about seven years ago, she was shuffled between numerous nursing homes without informing family members.

“When she went to the emergency room, we weren’t told she was there for six hours,” the Martinezes told the panel.

And when they tried to question how the woman’s finances were being handled, “we were told, ‘don’t worry about it. She has enough money,’ ” Leroy Martinez said.

“But why did she need three wheelchairs, and an extra big bed one day which they had to get rid of the next, for a smaller bed? Why did she need the suite that cost so much more?”

Full Article & Source:
Panel takes first step to undo secrecy