You Shouldn't Be a Caregiver

You love your aging parent, but that doesn't mean you should be their primary caregiver.
 
If you had vertigo, no one would expect you to fly a Boeing 747. If you add two plus two and don’t get four, maybe a career in accounting isn’t for you. And if, like me, you attempt painting and wind up with a jumbled mess of unimpressive stick figures and bland colors, it’s OK to admit, “Gee, art isn’t my strong suit, but I have other talents.”

So why don’t we approach the question of who should be the primary caregiver for an aging loved one with the same logic?

I knew a woman who couldn’t stand her mother, balance a checkbook or stomach the thought of organizing another person’s life. She was wracked with guilt about how to handle her mom’s physical decline. As the only daughter with two male siblings, she assumed she was drafted for the role of caregiver when it came time to intervene and help her mother navigate her failing health.

“I’m the daughter,” she said one day when we were having coffee. “Mom’s care falls on me.”

“You’re assuming a lot,” I replied. “Wouldn’t it be better to look at what your mom needs and who best can help her instead of just taking on a role based on some outdated notion of who should do what?”

Another time, I interviewed a man who wanted to help his ailing parents, but didn’t have as close an emotional relationship with them as his brother and sister did. He worked in finance and his parents needed help with handling their money, so I suggested he quit trying to do a little bit of everything, some of which was out of his comfort zone, and instead, talk to his siblings about “dividing and conquering.” That way, he could take on the focused and essential role of financial caregiver while his siblings addressed their other needs, such as taking them to doctor appointments and talking nightly by phone.

As you consider an aging loved one’s needs now and in the future, remember that there are lots of ways to help, and not everyone is cut out for the demands of a primary caregiver. Remove the emotion and the “shoulds” and consider these valid reasons why you shouldn’t be a loved one’s primary caregiver.

You don’t particularly care for the caree.

Think about it. You spend most of your lives together in contention and yet, when she’s older, you’re supposed to snap to it and become mom’s BFF and caretaker extraordinaire. At best, that’s a stretch. At worst, it’s a no-win situation for you both. Your tenuous relationship to the caree before their caregiving needs took center stage will influence whether or not you’re the right choice to lead the charge when their care needs grow.

Your family dynamics are too challenging.

You see it all the time – brothers and sisters who don’t get along squabbling over who’ll do what to help mom or dad. It can become more of a power struggle between family members rather than a well-designed plan for tackling the caregiving challenges at hand. If your family dynamics are difficult, maybe it’s best to step back from infighting and, in the interest of keeping the peace, let someone else take on the primary caregiver role.

Your skill sets don’t include managing people and money.

It may be hard to admit that you don’t have the organizational or bookkeeping skills to plan ahead for a caree’s busy life or make sure they pay their bills on time. Look at managing people and money as skill sets and, just as you would if you were hiring for a position, aim to find the best person for the job, whether it’s someone from inside the caree’s inner circle or trusted outside help.

You’re already maxed out in your work and home life.

The common term for those who manage the lives of both their children and parents is “the sandwich generation.” They’re caught between two extremely demanding groups, while often attempting to work fulltime, manage a relationship of their own and eke out some semblance of a social life.

Caregiving sometimes falls to the least burdened member of the family – the single one or the one whose kids have flown the nest – for a reason. While that’s not always fair, it makes sense. If you’re maxed out because the kids aren’t going to get to school and doctor appointments on their own, that may be all you can swing. How are you going to take on primary care for anyone else?

Patience isn’t your strong suit.

This is a hard one for most people to admit. We like to think of ourselves as having the patience of Job. But even Job would find the role of primary caregiver daunting. You not only need to be patient with the time it takes to handle someone else’s life, you need to be patient with the “someone,” too.

Talking to Medicare folks on the phone or standing in line at a bank to share your Power of Attorney so you can make financial decisions on the caree’s behalf can quickly consume hours. Add that to the patience required to walk and talk slower to accommodate the caree, communicate in a different way than you’re used to and engage more physically and emotionally than you might have previously, and you may end up overdrawn on your reserves of perseverance and unflappability.

You’re not equipped to manage the level of care required.

No one likes admitting that they may not be up for a task, but reality sets in once you assess the level of effort required to manage a loved one’s needs. There are several reasons why you may be ill-equipped. Perhaps you’re physically unable to lift a non-ambulatory person out of bed to go to the bathroom.

You don’t know enough about the disease afflicting your loved one to advocate and support them. You can’t watch the person 24 hours a day, but if you don’t, they risk falling or getting lost. Or, maybe you’re not in the greatest health yourself and could put both you and your loved one in jeopardy if you overextend yourself.

When it comes to caregiving, the bottom line is doing what needs to be done to help the person in need. That means different levels of care for different people since every situation is unique. Of course, not everyone can afford outside help. But if you can afford it, and your caree is open to it, you have more options and can possibly circumvent potential challenges such as being maxed out with your own life or fighting with siblings who share the burden.

When possible, sometimes the best thing to do is step aside. You can show your love and support in other ways, by calling and visiting as frequently as possible or, as the man in the example above did, by aligning your efforts with your expertise, like managing finances.

If, for whatever reason, you decide against being your aging loved one’s primary caregiver, support the person who is best suited to lead the charge, whether it’s a family member, a professional in-home caregiver or someone at a senior care community.

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You Shouldn't Be a Caregiver

Planning for incapacity in blended families is essential

Dana and Jerry have been married for 25 years. Both have children by previous marriages. Jerry’s three children never forgave him for divorcing their mother and have never accepted Dana. Consequently, Jerry and the children rarely see each other.

Jerry has been diagnosed with Alzheimer’s and is currently in middle stage of the disease with serious memory problems. Dana recently acquired home health services to assist with Jerry’s care.

Jerry’s children are in their fifties and scattered across the country. Concerned could take action against her, particularly if there are conflicts over Jerry’s care and his property, Dana has not yet informed of his condition.

Dana Should Seek Legal Counsel to Protect Herself

Dana should seek legal counsel to understand her options. The options available will depend, in part, upon the steps Jerry and Dana have taken before he developed Alzheimer’s. If Jerry has signed a Statutory Durable Power of Attorney (POA) and a Medical Power of Attorney giving Dana the power to manage his financial affairs and make medical decisions for him, Dana should take over and do so.

Although Jerry’s children might challenge the validity of these documents on the grounds that he was not competent or unduly influenced by Dana when he gave the power, the expense of such a challenge may be a deterrent in Dana’s favor. Also, if Jerry had an attorney prepare the POA and he signed it when there was no question of his competency and Dana was not being present when the documents were prepared or signed, she would be in a good position to prevail against a challenge by the children on these grounds.

If Jerry has lucid moments in which he retains the capacity to contract, Jerry could give Dana the power to handle his legal affairs and make medical decisions on his behalf even now.

If Jerry has a valid will naming Dana as executrix and leaving her property, she should safeguard that will. If Jerry does not have a valid will, Dana should discuss with counsel, her rights in accordance with the laws of descent and distribution. The lawyer can explain the property that Dana will receive. Jerry’s children will inherit the rest.

Additional Steps Could Have Been Taken Prior to Jerry’s Diagnosis

In the instance of blended families such as theirs, an irrevocable trust can be an effective tool to protect both the spouse and the children by a previous marriage.

In blended families - particularly if there is animosity toward the non-parent spouse - each spouse should designate through a Declaration of Guardian in the form provided under Texas Estates Code § 1104.201, the person(s) that they do and do not want to be named guardian of the person and guardian of the estate if the need for a guardianship arises.

If one or more of the children applies to be appointed guardian for Jerry, Dana can join the suit and request to be named guardian instead. In accordance with Texas Estates Code §1104.102, Dana is the preferred guardian if more than one person is eligible.

Sandra W. Reed is an attorney with Katten & Benson, an Elder Law firm in Fort Worth. She lives and practices in beautiful Somervell County, near Chalk Mountain.

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Planning for incapacity in blended families is essential

Woman who stole from elderly goes to prison

Coliene Moore

With documented losses well into the six figures, Illinois State Police continue to investigate a theft case that already has resulted in a prison sentence.

Coliene Moore, 69, was hit with a restitution order exceeding $636,000 when Sangamon County Circuit Court Judge John Belz sentenced her last month to four years for stealing from her elderly aunt. Ruth Lanier, now deceased, was 85 when Moore stole hundreds of thousands of dollars from her during a three-month period that ended in February of 2012.

Authorities say that Moore also stole nearly $82,000 from her mother, Mary Catherine Dormire, who was in her 90s when her daughter, her mother’s caretaker, raided bank accounts. Dormire is now deceased.

“Make no mistake, this is a callous, cold, calculating elder abuse crime spree,” Belz said when he sentenced Moore on Aug. 15. “Money was taken in astronomical, almost unbelievable amounts from people who didn’t deserve it.”

Authorities are still trying to determine whether there are additional culprits, as well as the extent of losses from a thief who stole both from relatives and from coworkers at the Illinois State Department of Transportation, where Moore worked as a secretary for nearly 40 years.

“It is still under investigation,” says Sangamon County state’s attorney John Milhiser. “And additional charges are possible.”

Moore convinced friends from work to loan her money – in one case, a former coworker gave her $287,000, according to police files -- and was slow to pay it back. In another instance, Moore convinced a coworker to loan her $48,000. She eventually made good on some debts to IDOT colleagues, according to police files and court records, but with stolen money. When victims asked for their money, Moore would typically tell them that she was expecting a sizable inheritance and would pay up when the money arrived.

“It is apparent that she continually seems to await the death of a relative and an opportunity to inherit their money in order to pay off prior thefts that she has committed,” assistant state’s attorney John Morse told the judge in arguing for a prison term.

In arguing for leniency, Dan Fultz, Moore’s lawyer, told the judge that “the problem may fix itself.”

“Nobody is ever going to trust Ms. Moore with their money again, as they shouldn’t,” Fultz told the court.

If nothing else, Moore was brazen. She gave the state’s attorney’s office a $473,500 check for restitution to cover losses in the Lanier case even before charges were filed in 2013. The check was signed by Moore’s mother, who suffered from mental disabilities to the point that she couldn’t handle her affairs, according to court files.

“The state’s attorney called and said ‘Carol, you won’t believe it – are you sitting down?’” recalls Carol Shepard, executor of Lanier’s estate, of a call she got from the Sangamon County state’s attorney’s office when the check was delivered in January of 2013. Shepard says that she advised the state’s attorney’s office to verify that funds actually were in a trust account that was in the name of Moore’s mother. Sure enough, the check bounced. “The state’s attorney called back and said, ‘Carol, you were right again: There’s no money there,’” Shepard said.

The check bounced nine months after police obtained bank records and confronted Moore. But charges weren’t filed until the spring of 2013, one year after police, interrogated Moore. Why weren’t charges filed earlier?

“There were ongoing negotiations as to restitution,” answers Milhiser. The state’s attorney adds that Moore lost power of attorney, which allowed her to raid bank accounts, when losses came to light, long before charges were filed.

Over the objection of Moore’s lawyer, a guardian in the spring of 2013 was appointed to protect Moore’s mother, who continued living with her daughter, described as her primary caregiver in court documents. Dormire, Moore’s mother, continued living with her daughter even after prosecutors in 2014 charged Moore with stealing from Dormire. Charges involving Moore’s mother ultimately were dropped in exchange for a guilty plea in the Lanier case.

Moore spent plenty of money on herself, paying off at least $20,000 in credit card debt and a $16,000 note on a Nissan titled in her mother’s name but that she drove. Checks went to merchants ranging from Walmart to the Fifth Street Flower Shop to Victoria’s Secret. Tens of thousands of dollars also were spent for the benefit of friends and relatives from pilfered accounts belonging to Moore’s aunt and mother, according to court and police files. A hairdresser got a check for $2,500. Moore’s son, Brian, received checks totaling nearly $16,000, and Moore also paid $11,700 in rent for the duplex where her son lived. Meanwhile, a nursing home where her aunt stayed after breaking a hip went unpaid and ultimately sued Lanier and Moore to collect more than $20,000.

“This is an elder abuse ATM,” Judge Belz decreed as he sent Moore to prison.

Shortly after obtaining power of attorney from her aunt, who told police that she didn’t realize that she had given her niece access to bank accounts, Moore in 2011 wrote a check for $19,000 to help Mark and Christine Kolaz buy a 2007 Mercedes Benz sedan, making the check out to the dealership. Kolaz, a lobbyist who was once chief of staff for Central Management Services, insists that he knew nothing about the deal, even though his name appears as a purchaser on the sales invoice and delivery sheet from Friendly Chevrolet.

“I’m not really familiar with that situation,” Kolaz said.

Mark and Christine Kolaz were divorced in 2002 but continued living in the same house. The dealership delivery sheet shows they had the same address and same home phone number in 2011. Mark Kolaz declined to discuss whether he still lives with his ex-wife, who in 2007 was accused by her father’s beer distributorship of embezzling $1.3 million after Christine Kolaz filed for bankruptcy, according to bankruptcy court files and stories published by the Associated Press. The U.S. attorney’s office investigated the alleged embezzlement, according to the Associated Press, but filed no charges.

Fultz, Moore’s attorney, told the judge that relatives “clearly had to understand that she wasn’t able to afford the things that she was providing, based on an Illinois Department of Transportation secretarial salary.” The judge found it odd that people who benefited from Moore’s thievery accepted large amounts of money from a woman who earned less than $54,000 a year.

“This is not stealing from the rich and giving to the poor,” Belz said as he pronounced sentence. “You know, I have to question some of these other people, if they didn’t know what was going on, that were the recipients of this.”

Fultz told the court that Moore’s son and daughter, Kimberly Krum, declined to testify on their mother’s behalf at the sentencing hearing after being told that they could be cross-examined to determine whether they knew that their moher was a thief and whether they benefited from her crimes.

Joby Crum, Kimberly Crum’s husband, said that neither his wife nor anyone else in the family knew about any thefts until last month, when Moore was taken into custody four years after charges were filed. He told Illinois Times that he has been appointed to speak for relatives.

“This completely blindsided the family,” said Joby Crum, who is the boys basketball coach at Springfield High School. “I would consider us to be fairly intelligent people, and we had no idea what was going on. … We don’t want anyone hurt any further than what has happened, and our fear is that might have happened.”

Moore’s husband filed for divorce on Sept. 13, telling the court that he had no idea that his wife was in legal trouble or had stolen money until she was arrested at Memorial Medical Center in August, two days after going to the hospital with complaints of a blood clot instead of going to court, where she was due to be sentenced. The no-show prompted Judge Belz to issue an arrest warrant. In his divorce petition, Jeffrey Moore says he believes that his wife might have a gambling problem.

The first sign of trouble came on Nov. 8, 2011, when a Sangamon County sheriff’s detective was summoned to St. Johns Hospital to speak with Don Lerch, a former IDOT employee who was dying from lung cancer.

Lerch told the detective that Moore, whom he knew from work, had asked to borrow money in 2007 to help a relative who was in a squeeze. Don’t worry, Moore told Lerch: My aunt is about to die and I’ll repay you from my inheritance.

It started out with $6,500, and loans kept coming until Lerch had given Moore $287,000 over a two-year period, according to police reports. Lerch continually asked for repayment, but never got it. Eventually, Moore told Lerch that her aunt had died, but had given all her money to Moore’s mother. Moore told Lerch that her mother was nearly dead and that she’d repay him once she got her inheritance.

Shortly after Lerch spoke with police, Moore obtained power of attorney from Lanier, which gave her access to her aunt’s bank accounts. Using her aunt’s funds, Moore obtained a $246,000 cashier’s check to pay Lerch, who died two weeks before the check was written. Nonetheless, the check cleared, according to police files. It’s not clear how, nor is it clear whether the money ended up in Lerch’s estate.

Police next encountered Moore in March 2012, when Senior Services of Central Illinois reported that Moore had been draining her aunt’s bank accounts since obtaining power of attorney three months earlier. Lanier told police that she was “shocked and very upset” that her niece had been taking money. After being confronted by a sheriff’s detective who asked about questionable withdrawals from Lanier’s accounts, Moore said that she’d been good to her aunt.

“I want you to know, and I’ll put this on the record: There has been no one that has been any better to Ruth than my family and myself,” Moore told the detective. “I have done everything for the last 40 years plus, never ask for anything, OK? I have cared for her, I have taken her to doctor appointments. … I’m not making any excuses for myself, but I did everything I could for her. I don’t know what she’s saying, but I know what she said to me. (It) sounds terrible, but I have been good to her.”

Moore, however, wasn’t an exemplary caregiver for her mother, according to court files. In moving to appoint a guardian for Dormire after thefts from Lanier came to light, Kevin McDermott, Sangamon County public guardian, told the court that Moore’s mother, who was born in 1919, was found alone in her Moore’s home a half-dozen times between August of 2012 and February of 2013 by Senior Services of Central Illinois. Over the objection of Moore’s lawyer, the court appointed McDermott as Dormire’s temporary guardian. But Dormire kept living with her daughter, even after Moore was charged with stealing from her mother.

McDermott says the only other option was a nursing home, and there had never been an allegation of physical or emotional abuse.

“That being the case, she’s probably just as well off with her daughter, staying with her,” McDermott said.

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Woman who stole from elderly goes to prison

Boynton area couple take plea deal in elderly exploitation case

Cindy Heller

WEST PALM BEACH - A suburban Boynton Beach couple has been placed on probation, barred from working with the elderly and ordered to pay $33,000 in restitution after being accused of stealing money from an 87-year-old woman who was suffering from severe dementia.

Franklin David Squires, 59, and Cindy Heller, 60, both pleaded guilty in their best interest Monday to charges of exploitation of an elderly person and money laundering in connection with money missing from bank accounts of their neighbor, 87-year-old Belle Winters.

Their best-interest pleas, which means they didn’t admit guilt, came as a jury was being selected to weigh the evidence against them. Palm Beach County Circuit Judge John Kastrenakes withheld adjudication before placing them both on probation for four years.

Howard Gale, who had travelled from Connecticut to testify against the couple in connection with his mother’s missing money, said he was disappointed they weren’t punished more severely. Winters died in 2015 shortly after Heller and Squires were charged.

“If it was up to me, I would have sent them to prison,” Gale said. “When you take advantage of an old person or a kid … you lose your right to live in society.”

But attorney Guy Fronstin, who represented Heller, said the couple didn’t steal money from Winters. The money was to reimburse Heller and Squires, who often dug into their own pockets to pay for Winters’ doctors visits, household expenses and utility bills. They even bought Winters a new refrigerator, he said.

A doctor told Palm Beach County sheriff’s deputies that Winters suffered from Alzheimer’s disease and was incapable of making decisions. But Fronstin said a bank official who quizzed Winters before she gave large sums of money to Heller and Squires was going to testify that the elderly woman knew exactly what she was doing. Winters wanted to repay the couple, he said.

As his mother’s health declined, Gale said he hired Heller, then Squires, who lived next door, to care for her. In January 2015, he discovered her bank accounts had been cleared out. Palm Beach County sheriff’s detectives said they traced the money to accounts held by Squires and Heller.

While Kastrenakes ordered both to make monthly payments to Winters’ estate, Gale said he doesn’t expect to ever recoup all of it. Fronstin agreed. Both Heller and Squires are disabled, he said.

Gale said his experience should serve as a warning to others whose elderly parents are unable to take care of themselves. “Put all of the assets in your name and don’t trust anybody,” he said.

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Boynton area couple take plea deal in elderly exploitation case

Tonight on T. S. Radio with Marti Oakley: Yolanda Bell: Medical kidnap..Anastasia’s condition worsens

5:00 pm PST … 6:00 pm MST … 7:00 pm..... CST … 8:00 pm EST

Sep 26, 2017 —It has been 219 days since my sister Anastasia Adams was abducted by Inova Fairfax Hospital and their designated guardians; 219 of her looking to me to help and save her from the injuries that have been inflicted upon her whether through alleged direct intent, inattention, or neglect; 219 days of wanting to be home sleeping in her own bed and my wanting her home where she will be safe and protected. I miss her smile, her mischievous side, and her laugh…yes she does laugh or at least she did prior before all of this and I pray she will again.

I had a rather interesting meeting today. There were a few red flags but only time will tell if it will bear fruit or if the items discussed will just be pencil whipped and tossed under the rug.

I saw Anastasia today, Thanks be to God. She is pale, more pale than she was last week. It appears she will be receiving another blood transfusion. If you recall she had to receive 2 pints of blood when she was hospitalized on September 6, 2017. Here it is barely 3 weeks later and she needs another one yet to my knowledge still no testing has been done to determine the source of the bleeding. Instead as I posted before the guardians would like to place her in hospice and increase her pain medication which we all know is code for…

The medical kidnapping is now turning to Hospice….palliative care….meaning “futility of care”.

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How to Make Probate Pay: The Ugly World of Human Predators

by Marti Oakley

The redistribution of wealth so often wailed about by the wealthy, whereby they believe if they have to pay taxes in direct proportion to income like every other taxpayer is forced to do, it is somehow because “some people just want a hand-out”, is a true diversion from the actual redistribution of wealth that occurs everyday in probate courts across the country.

The only thing of real value ever possessed by any country is its people. Through successive administrations, whether Republican or Democrat, our country has been robbed of its economic dominance, its ability to produce the best, the most and the most valuable commodities on the globe. The only thing left to buy, sell and trade of any value are the people themselves. And we the people have been commodified…turned into the last market for fast money to facilitate the greed of the few.

While the battle rages in the public as to whom is hellbent on destroying the traditional American family, the truth is, only the government has the power to do this. It is the government through policy, program creation, and bribery (funding) that families are ripped apart. Block grants to states facilitate the unconstitutional tribunal systems for which there is little to no oversight. This is intentional.

What is overwhelming most normal people is the vast number of sociopathic predators who make a parasitic living off assuming the identity of a living human being, then presenting themselves as that person and availing themselves of the benefits of someone elses life work. In legal circles they are called professional guardians. To the rest of the sane world they are predators; parasites on society at large.

Quoted from “The Dark Side..A law treatise on Judging” by Caroline Douglas J.D.

Page 307 para 4,5,6  (Continue Reading)

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How to Make Probate Pay: The Ugly World of Human Predators

Jury pool shrinks for attempted murder trial of former Sarasota deputy

SARASOTA — The pool of around 140 potential jurors who were interviewed Monday in the trial of a former Sarasota County Sheriff’s deputy charged with attempted murder, was reduced to around 65 who will return Tuesday for a final round of questions.

Jury selection was the beginning of the trial for Frank Bybee, 46, who is facing 18 felonies, including attempted murder, exploitation of the elderly, burglary, theft and kidnapping. He faces a life sentence if he is convicted of the first-degree felony charge for attempted murder.

His trial was postponed for 20 days after his attorney withdrew and a former Manatee County judge, John Lakin, joined the defense team causing a conflict of interest with 12th Judicial Circuit Court Judge Thomas Krug. Lakin is currently under investigation by the Florida Bar for actions taken while he was on the bench.

Krug recused himself from the case and Chief Judge Charles E. Williams asked the Florida Supreme Court to appoint a judge from outside of Sarasota County. Judge Donald H. Mason of Charlotte County was assigned to the case that was original scheduled to begin Sept. 5.

Assistant State Attorneys Karen Fraivillig and Art Jackman, and defense attorneys John Lakin and Ronald Kurpiers, must now choose 12 jurors and two alternates to sit on the jury.

The trial will likely begin Wednesday and is expected to last for two weeks.

Prospective jurors were questioned in two different sessions Monday, with attorneys deciding after each session whether hardships and established opinions produced by jurors were enough to strike them from the roster.

Many jurors raised their hands when asked if they had read or watched coverage of the Bybee case. Some said they already had preconceived notions of guilt and could not be impartial.

Among the reasons jurors gave for being unable to render a fair verdict were being caretakers themselves for disabled relatives, “personal feelings,” and one said a family member was convicted of murder and died in his jail cell. The statements came after jurors were informed that the case could take up to two weeks. Some expressed worries over financial hardships.

“I just could not do it,” said the female juror whose family member died in jail.

Another female juror said she decided she could not be fair after hearing the charges in the case, which involves an elderly woman.

A male juror said he is retired and takes care of his mother.

“I bathe her, toileted her, and fed her,” the male juror said. “You don’t want me on that trial.”

A juror in the afternoon session said she lost a lot of work during Hurricane Irma and is responsible for watching her grandchild.

The hurricane hardship excuse was the most common reasoning for many jurors, besides vacations, seeking to be exempt from the trial. Judge Donald H. Mason of Charlotte County said that nearly every juror present will suffer a financial inconvenience. He said it jury duty was part of living in America.

The attorneys released most of the jurors who cited hardships.

Several jurors felt they could be fair, but made the judge aware of possible issues that could arise during the trial.

“I wanted to let you know that my husband is a police officer,” a female juror said.

Two additional jurors just wanted the court to know they worked with the elderly, but felt “presumption of innocence” was not a problem.

Judge Mason and Fraivillig told the panel to be blunt with their answers.

Fraivillig asked the potential jurists if they would participate in the selection process. When they did not reply, she asked again, sparking a “yes” response.

“The most important thing for you to do is be candid with us,” Fraivillig said. “We are looking for jurors that have no preconceived notions or biases. We need you to be a blank slate.”

Two jurors said they had family members in law enforcement — one said they could be fair, the other said they might be tempted to side with a law enforcement officer.

A female juror said her uncle is a sheriff’s deputy being called as a witness. She said even if he was a plumber, she would trust her relative’s opinion.

Long after the potential jurors were asked if they had conflicts, two men said that they might have issues with “the system.”

“I have had dealings with State Attorney and sometimes I see how things go,” a male juror said. “Sometimes I agree and sometimes I don’t agree — because I am exposed to it, I’m probably not the best person.”

Both sides agreed to strike one female juror who told the court, “If I’m not getting paid, I will have an attitude.”

A male juror in the afternoon session asked whether he could make a fair judgement based on the charges he heard in the case said, “No, I can’t. I personally feel this guy is a low life.”

Another female juror says she works at the Sheriff’s Office and has been subjected to “negative opinions” about Bybee.

A male juror who said he was had to attend a paramedics test to become a firefighter was also excused. He received soft applause from the crowd when Judge Mason released him.

Bybee, an 18-year employee of the Sheriff’s Office, was arrested Jan. 23 after a 79-year-old woman called the Sheriff’s Office for help on Oct. 21.

Bybee, a patrol deputy, was sent to the call and took the woman to Sarasota Memorial Hospital, where the former deputy prayed with her before he left, according to an investigation.

About two months later, the woman reported that Bybee had inserted himself into her personal life and had become too controlling. She asked the Sheriff’s Office for help in severing the relationship with the deputy.

Bybee was placed on administrative leave Jan. 9 and three days later, according to court documents, he went back to elderly woman’s home and attempted to kill her.

The Sheriff’s Office terminated his employment on Jan. 31 after enough information was discovered through an internal affairs investigation to sustain allegations of conduct unbecoming and conformance with laws, on top of criminal charges.

Bybee has been in custody at the Sarasota County Jail on a $380,120 bail.

Jury selection is expected to last until at least Tuesday.

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Jury pool shrinks for attempted murder trial of former Sarasota deputy

Caregiver sentenced for stealing from elderly woman

Berlicia Chambers

TALLAHASSEE, Fla. (WCTV) – A former caregiver will serve jail time and probation after pleading no contest to stealing thousands of dollars from an elderly woman with dementia.

Tallahassee police arrested 46-year-old Berlicia Chambers in May on elderly exploitation charges.

Court documents allege Chambers stole at least $14,800 over a four year span from a woman who she was hired to care for. Investigators say the 78-year-old victim had memory problems and showed signs of dementia.

Arrest records say Chambers used an ATM card to withdraw cash from the victim’s account, and used the victim’s credit card to pay for personal expenses, including her satellite TV and cell phone.

Chambers was sentenced to 120 days in jail, with 88 days credit for time already served. She was also ordered to serve 6 years of probation and pay restitution of $12,980.

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Caregiver sentenced for stealing from elderly woman

JPMorgan Ordered to Pay More Than $4 Billion to Widow and Family

JPMorgan Chase & Co. was ordered by a Dallas jury to pay more than $4 billion in damages for mishandling the estate of a former American Airlines executive, but the verdict will probably be knocked down on appeal.

Jo Hopper and two stepchildren won the probate court verdict over claims that JPMorgan mismanaged the administration of the estate of Max Hopper, who was described as an airline technology innovator in a statement issued by the family’s law firm.

Large punitive damages verdicts like the one in the Hopper case are often scaled back because the U.S. Supreme Court has ruled they can’t be disproportionate to actual damages. In this case, the jury awarded less than $5 million in actual damages.

The bank said it acted in a professional manner and in good faith on Hopper’s estate and is “highly confident” the jury verdict won’t stand under Texas law.

“Clearly the award far exceeds any possible interpretation of Texas tort reform statutes,” Andrew Gray, a spokesman for the bank, said in an emailed statement. “There has been no judgment entered by the court based on this verdict.”

Max Hopper, who pioneered a reservation system for the airline, died in 2010 with assets of more than $19 million but without a will and testament, according to the statement. JPMorgan was hired as an administrator to divvy up the assets among family members.

Putters, Wine

“Instead of independently and impartially collecting and dividing the estate’s assets, the bank took years to release basic interests in art, home furnishings, jewelry, and notably, Mr. Hopper’s collection of 6,700 golf putters and 900 bottles of wine,” the family’s lawyers said in the statement. “Some of the interests in the assets were not released for more than five years.”

"The nation’s largest bank horribly mistreated me and this verdict provides protection to others from being mistreated by banks that think they’re too powerful to be held accountable," Jo Hopper said in the statement.

The court’s verdict form shows jurors awarded $8 billion in punitive damages against the bank. Alan Loewinsohn, attorney for Jo Hopper, said in an interview there may be duplication of some of the damage findings. As a result, he said, the punitive damage award could end up being “somewhere between $4 billion and $8 billion.”

Loewinsohn said he asked the jury to take into account the bank’s worth and asked them for $2 billion in punitive damages. “I believe they used that figure for the other parties in the case as well,” he said.

Fiduciary Duty

The jury found that the bank committed fraud, breached its fiduciary duty and broke a fee agreement, according to court papers.

At the lower end of that range, the jury’s award would erase almost two-thirds of the $6.6 billion profit that JPMorgan generated globally during the second quarter.
And it would rank high among the largest sanctions ever levied against the bank -- somewhere between the $2.6 billion it agreed to pay in 2014 for allegedly failing to stop Bernard Madoff’s Ponzi scheme, and a $13 billion settlement it reached with government authorities in 2013 for its handling of mortgage bonds that fueled the financial crisis.
The verdict form shows jurors were advised to consider factors including “the net worth of JPMorgan.” Indeed, the bank has a stock market value of about $330 billion.

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JPMorgan Ordered to Pay More Than $4 Billion to Widow and Family