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
Friday, May 19, 2017
Assembly hears testimony on reforming Nevada guardianship system
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| Barbara Buckley |
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
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| Richard Roberts |
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.
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| 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
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| AARP NY State Director Beth Finkel |
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.
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
![]() |
| Marjory and Leroy Martinez |
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
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