Supreme Court indefinitely suspends special-needs trust lawyer

An Indianapolis lawyer suspended amid criminal charges and allegations that he stole hundreds of thousands of dollars from his clients’ special-needs trust funds has drawn a harsher rebuke from the Indiana Supreme Court for noncooperation with a disciplinary complaint against him.

Justices on Tuesday issued an order of indefinite suspension against Kenneth Shane Service. The Supreme Court in June temporarily suspended Service from the practice of law after he was charged in Lawrence County with Level 5 felony theft of more than $50,000. He is accused in that case of stealing at least $85,000 from two Bedford-area clients’ special-needs trusts.

But law enforcement investigators and attorneys who intervened in other cases to remove Service as a trustee say that’s only a fraction of the money missing from trusts he established.  A state police investigator told the Indiana Lawyer last month he was aware of as many as 17 potential cases where money may be missing from special-needs trusts Service opened in Indiana, Florida and West Virginia. A Fort Wayne attorney who intervened to remove Service as a trustee in five northern Indiana cases said well over $200,000 is missing from those trusts.

Separately, Service was at the center of a civil case argued last month before the 7^th Circuit Court of Appeals. The estate of a Missouri woman appealed a ruling in favor of the Carmel-based foundation Service established, the National Foundation for Special Needs Integrity, Inc. The estate argued trust documents Service created for the foundation were intended, by Service’s own admission, to be confusing. Those documents formed the basis for the foundation to take the remainder of Theresa A. Givens’ trust after her death in 2011 — at least $220,000 — in 2013 and 2014. Service was booted from the foundation in 2014, and the 7^th Circuit has yet to rule in this case.

In its order Tuesday, the court wrote Service had not responded and failed to cooperate with the Supreme Court Disciplinary Commission’s investigation of two grievances filed against him. Service also was ordered to reimburse the commission $513.12 for costs of prosecuting one of the grievances.

Meanwhile, a pretrial conference in Service’s criminal case in Lawrence Superior Court 1 is scheduled for Nov. 13.  

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Supreme Court indefinitely suspends special-needs trust lawyer

Pottstown man faces trial for alleged $843K theft from grandmother, famed radio host

 COURTHOUSE >> A Pottstown man accused of stealing about $843,000 from his grandmother, well-known Philadelphia radio personality Mary Mason, told a judge he wants to take his case to a jury.

Calvin Steven Turner IV, 33, of the 800 block of South Street, through his lawyer, notified Montgomery County Judge Garrett D. Page on Thursday that he wants to go to trial on the 283 theft-related charges that were lodged against him last November in connection with the alleged theft that prosecutors claim left Mason, a former WHAT radio host of “Mornings with Mary,” destitute.

“We will try this case. This case is going to go forward,” said Page, indicating he will schedule a three-day jury trial for the matter.

Addressing the judge, Assistant District Attorney Christopher Daniels claimed that after discussions with Turner’s legal team he had been under the belief that Turner was to plead guilty to some of the charges on Thursday. Daniels said the case has “lingered” for months and he seemed to oppose any defense request for a delay.

“My client has a right to say, ‘I didn’t do it,’” defense lawyer Martin P. Mullaney responded.

During several heated exchanges, Mullaney claimed defense lawyers are still trying to obtain documents related to the investigation that they need to prepare a defense. Daniels countered that prosecutors have turned over all so-called “discovery” and that Mullaney had all documents connected with the investigation.

“I’m ready, judge…to try this case,” said Daniels, who also informed the judge that no plea agreement was on the table.

“The commonwealth will continue to pursue this case against Turner because Mary Mason, while incapacitated, did not save all of this money throughout her life so that her family member could steal it and use it for his own benefit. It was for her benefit and unfortunately, for her, she had to move out of the assisted living facility that she was in because this family member stole her money and was unable to pay the bill,” Daniels added after the hearing.

Turner scurried from the courtroom and did not respond to reporters’ questions after the hearing. Turner remains free on bail pending trial.

“It appears that he had a legitimate power of attorney signed by Mary Mason that gave him the right to invest her funds as he saw fit without consequence,” Mullaney said after the hearing, hinting at a potential defense strategy.

An investigation of Turner began in February 2016 after Whitemarsh Township police received information that Mason’s bills were not being paid at Sunrise of Lafayette Hill, an assisted living facility in the township where Mason, now 86, had resided at the time. Mason, whose real name is Beatrice Turner, “has been diagnosed with dementia and Alzheimer’s disease,” according to the criminal complaint.

In May 2016, Mason’s account was $55,700 in arrears and no payments had been made on her behalf since August 2015, according to court documents.

“Administration at Sunrise informed me that (Mason’s) grandson was responsible for the payments and numerous messages and letters were sent to Steven Turner about the past due bills of his grandmother,” Whitemarsh Detective Craig Cubbin alleged in the arrest affidavit.

Turner, according to court papers, is Mason’s only living relative and when he placed Mason in Sunrise he gave the facility a copy of his power of attorney for Mason, dated September 2012. Authorities, in court documents, alleged the power of attorney “was missing numerous pages” and that Mason’s signature that appeared three times on the document “appears to be written in different styles and even misspelled once.”

The power of attorney stated that Turner “must use due care to act for the benefit” of Mason and that he was to keep Mason’s assets separate from his, according to the arrest affidavit.

When detectives confronted Turner in June 2016, he allegedly told them he knew his grandmother’s bills at Sunrise were in arrears and that he was trying to get them up to date.

“Steven Turner stated that his grandmother’s money ran out in 2015 and he was trying to pay the bills with his money,” Cubbin alleged.

The investigation revealed Mason at one time had cash and assets valued at more than $1 million, including multiple bank accounts and two condominiums and should have had enough funds to support her care at Sunrise, detectives said.

But authorities alleged Turner used Mason’s funds for his personal gain, making cash withdrawals from her accounts, transferring some of her funds to a real estate company he created and selling Mason’s condominiums for profit. Detectives alleged Turner then bought three other homes in Philadelphia and Pottstown.

“Steven Turner used these funds for his own benefit and lifestyle,” Cubbin alleged.

Turner allegedly used a debit card associated with Mason’s accounts for cash withdrawals and purchases in the amount of $73,282, including food and liquor purchases and “$15,556 of the total charges were to a strip club in Las Vegas.”

In April 2016, a court-appointed lawyer was named guardian for Mason’s estate. That lawyer was able to recover about $62,000 by selling two of the Philadelphia parcels that Turner allegedly purchased with Mason’s funds, according to court documents. At the time of Turner’s arrest last year, that lawyer feared Mason would have to be moved from Sunrise into a facility “where Medicare will take over,” according to court papers.

During subsequent Orphans Court hearings Turner was ordered to turn over the assets totaling more than $1 million or to show an accounting of how those funds were spent on Mason’s behalf.

“Steven Turner has failed to turn over the monies and has shown no accounting of how the funds were spent on his grandmother’s behalf,” Cubbin alleged in the arrest affidavit.

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Pottstown man faces trial for alleged $843K theft from grandmother, famed radio host

Woman fights court system for right to make own decisions

WSMV News 4

NASHVILLE, TN (WSMV) - Reba Sherrill may be in a wheelchair, but she's ready for a fight.

"I'm not going to let them just get away with this," she said.

Sherrill is fighting for the right to make her own decisions – something her daughters don't take for granted anymore.

“My mom's not a criminal, and yet they're treating her like a criminal," said Brenna Outlaw, Sherrill’s daughter.

The struggle began when Sherrill went to Vanderbilt University Medical Center in August. She was having complications from a car accident that happened in December 2016.

"When I went on Tuesday night, they kept me. And that was the beginning of the nightmare,” Sherrill said.

Sherrill went to Vanderbilt for a physical problem, but Vanderbilt's lawyers filed papers in Davidson County Probate Court saying Sherrill had a "borderline personality disorder.” Vanderbilt asked a judge to appoint someone to take control of her affairs. They said no family members were willing to do it.

Judge Randy Kennedy approved Vanderbilt's request the same day without consulting Sherrill or her family.

"Aug. 23, they went to court and asked the judge to appoint someone to make my decisions. They didn't tell me this hearing was taking place. It happened, and the next day, I was notified that it had taken place," Sherrill said.

"And it didn't matter. It didn't matter that they didn't notify family. That they had family willing to step in," said her daughter, Emily Outlaw.

The judge appointed a Nashville attorney, Cathryn Armistead, to serve as what's called a fiduciary. That gave Armistead power over where Sherrill would live; what doctors she would see – and it gave Armistead control over Sherrill’s financial affairs.

"They took all the money out of my bank account. Didn't even warn me. They didn't even tell me they were going to do it. They redirected all my personal mail to the attorney who was serving as the fiduciary," Sherrill said.

Sherrill was trying to rebuild her house in Hendersonville. It had been damaged in a fire. She couldn’t go forward because she couldn't pay the contractors.

Armistead moved Sherrill to a nursing home. Her family said she was given mind-altering anti-psychotic drugs even though her own family doctor wrote a letter saying those medications could cause a life-threatening adverse reaction.

"It didn't matter that she had a neurologist who said she's allergic to it, shouldn't take it, they were just shooting her up with it anyway," Emily Outlaw said.

Vanderbilt's attorney Anthony Bills filed papers with the court saying doctors determined that Sherrill was paranoid and delusional.

Sherrill said she believes it was because she told them she was highly sensitive to pesticides and herbicides.

"They said that because I eat only organic food that I was paranoid and psychotic," she said.

Sherrill’s daughter Brenna Outlaw found the idea laughable.

“I eat organic food; there’s a lot of people who eat organic food. There are millions of people who only eat organic food,” she said.

Vanderbilt’s attorney filed more papers, asking the court to give Armistead broader powers. They asked that Armistead be named Sherrill’s conservator permanently.

That would give Armistead the right to make end-of-life decisions, control all her medical care, decide where she lives, and sell her property.

"Basically when you go through this situation it's like you've already died. They take everything. They liquidate," Sherrill said.

A hearing was set for Oct. 11. Two days before that hearing, Judge Kennedy signed an order giving Armistead control over the settlement that Sherrill received after the December car accident.

The settlement totals more than $1 million – money that would then become available to pay all the fees that are racked up in conservatorship cases.

Hourly fees are charged by the lawyer the judge appointed to represent Sherrill. Armistead, an attorney, is also allowed to bill by the hour for work done on Sherrill’s behalf.

It's up to the judge to approve the bills; the family has no say.

"I'm kind of scared of how much they're going to end up charging her," Emily Outlaw said.

On Oct. 11, News 4 attended the hearing as the family fought the proposed conservatorship. Lawyers spent hours in negotiations behind closed doors.

In the end, both sides agreed that Sherrill's brother could be her conservator. Armistead is out of the picture.

"I like that if somebody is going to be over me, it's him," said Sherrill, referring to her brother.

There's something that Sherrill's family has never understood. Why did Vanderbilt's lawyers keep fighting to establish a conservatorship, even long after Sherrill had been discharged as their patient?

The News 4 I-Team’s Nancy Amons asked Vanderbilt’s attorney Anthony Bills as court finished for the day. He declined to answer questions.

"Again, Miss Amons, I'm sorry, I'm not at liberty to speak outside the courtroom about this case. Thank you." Bills said.

Sherrill and her family are at a loss to understand Vanderbilt’s continuing interest in their former patient.

"My attorney asked them that question, and they never really gave us an answer,” Sherrill said.
A Vanderbilt spokesperson emailed the I-Team a statement:

“The 2 million-plus patients we treat each year represent a variety of life experiences and social circumstances. We support the use of conservatorships for some patients to ensure there is an appropriate legal process in place for decisions associated with patient care,” said John Howser, chief communications officer with Vanderbilt University Medical Center.

Vanderbilt did not comment on why they pursued the conservatorship for some six weeks after Sherrill was no longer an inpatient.

The Sherrill family wants the laws changed. They want more protection for people like themselves – protection from a system they feel is un-American.

"This could happened to anybody," Brenna Outlaw said.

"They claim these are put into place to help the individual, to protect them, but all I see is it's abuse," Sherrill said.

Armistead did not return phone calls and emails sent to her office.

This isn't the first conservatorship case the I-Team’s Nancy Amons has investigated in Judge Kennedy's court.

Songwriter Danny Tate fought to get out from under a conservatorship under Judge Kennedy. His home was auctioned, and was purchased by the attorney to whom he owed legal bills.

Amons also profiled the stories of two other women, Jewell Tinnon and Ginger Franklin. Both of them lost their homes and all their possessions after the court put them in conservatorships. They have since died.

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Woman fights court system for right to make own decisions

Lawyer Wants Richard Dabate To Pay Back $70,000 To Slain Wife's Estate

In the 16 months between Connie Dabate’s murder and her husband’s arrest, Richard Dabate emptied his wife’s bank accounts, cashed in multiple retirement accounts and was on the verge of selling a home the couple owned in Vernon.

The sale of that home on Talcott Road for $149,000 was supposed to close on April 21, 2017, a week after Richard Dabate was charged with murder. But an attorney for Connie Dabate’s estate asked a probate judge to halt the sale and Judge O. James Purnell III ordered a freeze on any of Connie Dabate’s assets, including that home, the day before it was supposed to close.

The couple also owned a home in Ellington, where Connie Dabate was killed.

Records show that while the sale of the Vernon house was halted Richard Dabate took hundreds of thousands of dollars out of his wife’s 401(k) accounts of which he was the beneficiary — at least one a Fidelity account worth nearly $100,000. He also took $70,292 from bank accounts in Connie Dabate’s name.

Connie Dabate’s estate was the subject of a hearing Tuesday before Purnell, who scheduled it to get more information on why the estate was down to only $6.42.

Richard Dabate started within weeks of his wife’s death by writing a letter to Protective Life Insurance trying to get them to pay him Connie Dabate’s $495,000 life insurance policy. She had taken out the policy in 2003, before the couple had any children, and named Richard as the sole beneficiary.

“I’ve included what I hope is all the correct information to process my wife’s claim,” Dabate wrote.

“I’m trying to process this as fast as possible for expenses purposes. Please let me know if you need anything else from me.”

The insurance company denied his claim after state police detectives informed them he was a suspect in his wife’s murder. The company has since filed a federal lawsuit asking the court to take control of the money and determine who it should eventually be distributed to.

A new inventory was filed by Dabate’s probate attorney Tuesday showing Connie Dabate’s estate was worth about $86,000.

Richard Dabate, as executor of the estate, paid about $17,000 in funeral expenses and state and local taxes from his wife’s estate, records show. He then withdrew another $70,000 for himself before he was arrested and charged with his wife’s murder in April of 2017.

That left the estate with $6.42. It is unclear what Dabate did with the $70,000. Lawyer John G. Tunila said he plans to file a motion asking Purnell to order Richard Dabate to pay back the $70,000 to the estate. Tunila represents Connie Dabate’s sister, who is now executor.

“We want the money restored to the estate because [the estate] doesn’t have enough left to pay its bills,” Tunila said.

Purnell accepted the new accounting of Connie Dabate’s assets and said he’d take up the motion to pay back the estate when it was formally filed.

Purnell removed Richard Dabate as executor of his wife's will in May after Dabate was charged with murder in Connie Dabate's death. He appointed Connie’s sister as executor, froze the estate and ordered a full inventory.

Connie Dabate, 39 at the time of her death, left all of her assets to her husband. The will was finalized before either of her two boys, now ages 9 and 6, were born and was never updated. Richard Dabate is free on $1 million bail.

When Purnell removed Dabate, he ordered him to produce a full accounting of his wife's estate within two months but he hadn’t done so until Tuesday.

In his initial report to the court Dabate didn't submit any information about why, in January 2016, he withdrew more than $90,000 from a Fidelity investment account that belonged to his wife, as outlined in his arrest warrant affidavit.

Tunila said the Fidelity account was one of “multiple” 401(k)s that Connie Dabate had that Richard Dabate withdrew from following her murder. He declined to say how much money was in those accounts.

The house at 7 Birchview Rd. in Ellington has been appraised at about $392,000, according to assessor's records.

Connie Dabate was found shot in the back of the head in the basement of the couple's Ellington home. Richard Dabate told state police that his wife was killed by a masked intruder who shot her in the couple's basement after chasing her. He told police he fought with the man in the second-floor bedroom before he was subdued by the intruder.

Richard Dabate was found by police sprawled out in the kitchen of the couple's large, colonial-style home. One of his arms and a leg were secured to a folding chair with a zip tie, and he had superficial knife wounds. Dabate told police he escaped by knocking a blow torch into the intruder's face with his free hand.

Dabate eventually told state police in a six-hour interview that he had a pregnant girlfriend and that his wife was going to help "co-parent" the baby. He later acknowledged that the pregnancy wasn't planned.

He promised his girlfriend that he was getting a divorce, according to the arrest affidavit. The baby was born in February of last year.

State police obtained cellphone records for the couple, computer records from Richard Dabate's laptop, Facebook records for both of them and the girlfriend, text messages and Fitbit records for Connie Dabate.

Connie Dabate's Fitbit showed her last movements were at 10:05 the morning she died, nearly an hour after Richard Dabate told police she had been killed. Facebook records showed Connie Dabate posted three videos at 9:46 a.m., and the alarm system records showed movements throughout the house that didn't match Richard Dabate's description of the attack, the warrant showed.

Connie Dabate also had a $475,000 life insurance policy that Richard Dabate tried to claim five days after the murder, only to be rebuked by the insurance company. The insurance policy isn't required to be listed as an asset of her estate.

Purnell said that the case will proceed through probate court but that a final distribution of assets will not be approved until Dabate's criminal case is resolved. Purnell said any sales of property or other assets will be held by a court-appointed fiduciary, and all assets of Connie Dabate will be frozen.

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Lawyer Wants Richard Dabate To Pay Back $70,000 To Slain Wife's Estate

How A Roof Inspection Led To An Emergency Guardianship

NEWPORT, RI — Louise Mancini died in North Carolina last August at her sister's house. She had lived some 60 years in Newport but spent the last seven weeks of her life back home. Her sister, Faye Weller, made the trip to Newport to collect her after hearing some people had tried to take advantage of her. In June, according to court papers, Mancini, in a nursing home, on hospice, had been taken out of a Newport nursing home and 'induced' to sign away her property for a price as much as $200,000 below market value. An emergency guardianship stopped the sale.

The Purchase & Sale agreement, which Mancini signed, had been recorded in the Newport City Clerk's office on June 21, six days after it was signed by Sean Napolitano, acting as manager for NicNap Partners LLC. (He is not listed as one of the NicNap partners in the Rhode Island Secretary of State's Corporation Database. Andrew F. Nicoletta, of Middletown, is listed as the contact on the annual report filed Oct. 18. Under the manager's name, the entry is "None." Real estate investments are listed as the purpose of the business.)

On June 22, a day after the Purchase & Sale was recorded, Attorney William Harvey, who had been taking care of Mrs. Mancini's finances, went to court, applied for an emergency guardianship and was appointed her temporary guardian. Harvey told the Probate Court the reason for the emergency guardianship was this: she "was taken from nursing home by 86 year old boyfriend and induced into entering into purchase and sale agreement for less than market value."

The Probate Court ultimately obtained a "mutual release," cancelling out the Purchase and Sale agreement for the 86-year-old Mancini's property.

Napolitano did not respond to e-mail asking for comment. But court records and land evidence records show NicNap had offered Mancini $375,000 total for her two properties: the house at 12 Spring Street and the adjoining lot identified as 0 (zero) Moffitt.

How much below market value was the offer?

On Aug. 25, on or around the day she died, Probate Court Judge Gregory Fater authorized the 'fiduciaries' to sell her property "by private contract for an amount" not less than $563,000. A bond was fixed at $1.2 million. No surety was required. Per Land Evidence records, the two lots are still in her estate. But a zoning certificate was recorded on Oct. 10 from Guy Weston to Attorney Peter Regan, of Sayer Regan & Thayer. (If Regan's name sounds familiar, he is also the Middletown solicitor.)

Weston's certificate states Moffitt Place is a legal non-conforming lot, and it is buildable, meaning new structures could be built there, provided they met zoning criteria.

So, how did NicNap Partners manage to record a Purchase & Sale agreement for Mancini's two lots -- and for a price so far below their $563,000 minimum market value?

According to the guardianship papers, it all started when Mancini's lawyer, William Harvey II, contacted A-1 Roofing and Napolitano to inspect the roof at 12 Spring St.

Harvey also did not respond to the Patch's request for comment. His initial e-mail to Napolitano is not part of the court record, but this exchange followed on April 11 and 12, 2017.

"Sure," Napolitano e-mailed on April 11. "I'll inspect roof for her. What is the address? Is she looking to possibly sell? Just thought I'd ask."

The rest of the e-mail refers to a conversation unrelated to Louise Mancini and apparently about a rental Harvey was trying to arrange with Napolitano. It reads,"Yeah, Sean is a great guy. And Lastly, I'm thinking around July 1st is when that space would be available." It was signed "Sean."
Harvey wrote this message back.

"Sean, it's 12 Spring St. It will be on the market if she will ever kick the bucket. She's 86 and was on hospice. Now she's off and looks like she's ready to drop in on a half pipe."

The rest of his e-mail goes back to a question about the rental.

"What would you be looking for on the rent?"

Although Harvey's message was sent to Napolitano, it did not stay private. Per court records, someone apparently showed it to Mancini. She wrote it down verbatim.

On June 20, she had signed court papers agreeing to Harvey's appointment as her temporary guardian for limited purposes, including her real estate dealings, but seven days later, she sent the judge a handwritten letter.

"Honorable Gregory Fater," she wrote. "I do not want William Harvey as my guardian: I am not crazy at all. And I am able to take care of myself? (sic.) I feed myself and dress myself and I use my walker and my wheelchair to move myself around. I can walk (with) a walker. I do want my personal papers and checkbook returned to me immediately."

She signed the letter with her full name and address. Then she added this explanation.

"Here is what Mr. Harvey wrote about me: 12 Spring St. It will be on the market if she will ever kick the bucket. She's 86. Was on hospice. Now she's off and looks like she's ready to drop in on a half pipe.

"What would you for on the rent?

Plus no sale at all."

The next day she sent Fater a similar letter.

"Honorable Gregory Fater, I do not want William Harvey as my guardian: I am not crazy at all. And I am able to take care of myself? (sic.) I feed myself and dress myself and I use my walker and my wheelchair to move myself around. And I do want my personal papers and checkbook returned to me immediately." She signed the letter Mrs. Louise S. Mancini.

Two days earlier, on June 26, physician Robert O. Cicchelli evaluated her and concluded she had some mild impairment in cognition mostly due to past strokes. She was able to make good decisions about her healthcare and about social relationships but needed a "substitute decision-maker for protection in the matter of her financial decisions." Two of her prescribed drugs, gabapentin and Lorazepam" could tire her out enough to slow down her thinking and impair her business decision-making, he indicated. Otherwise, her mental outlook was good.

"I feel that she has no anxiety or depression," he wrote.

Fater appointed Attorney Craig Sampson, of Nicholson & Sampson as guardian ad litem to evaluate her. He went to visit her and talked with the nursing home staff and her friends. On July 11, Sampson concluded "a guardian is needed with respect to finances, residence and real estate transactions."

Earlier on July 6, he signaled any falling out between Mancini and Harvey had been patched up.

"She indicated that she did not believe she needed a guardian except as it relates to her real property," he wrote. "Louise informed me that she gets a little confused when it comes to her finances and would like Mr. William Harvey to continue to take care of her finances."

To be continued

Full Article & Source:
How A Roof Inspection Led To An Emergency Guardianship

Des Moines lawyer faces disbarment over theft

Sandra Suarez-Quilty

A Des Moines lawyer, lobbyist and former school board candidate who has acknowledged stealing money from clients and committing numerous other ethical violations should be barred from practicing law, the Grievance Commission of the Iowa Supreme Court says.

In responding to a complaint from the Iowa Supreme Court Attorney Disciplinary Board, the commission is recommending that the court revoke the law license of 44-year-old Sandra Suarez-Quilty.

According to the commission, Suarez-Quilty lied to a judge about her representation of a client; practiced law after her license was suspended in the wake of a second-offense conviction for drunken driving; used a client’s trust fund to pay for expenses unrelated to the client’s case; was arrested a fourth time for drunken driving while the charges tied to her third such arrest were still pending in the courts; and charged $5,000 to a client’s credit card for no legitimate reason.

The five-member commission noted that in Iowa, the conversion of client funds to one’s personal use is enough to support revocation of a law license, making it unnecessary for the panel to consider the other alleged ethical violations. Suarez-Quilty converted money from two of her clients to her own use, the commission stated.

“She admits to having committed theft,” the panel wrote in its recommendation. “The $5,000 charge on the credit card is very serious” and Suarez-Quilty ”admitted to having committed a felony with regard to those funds.”

Suarez-Quilty said this week that while she doesn't dispute the commission's findings, she is appealing the recommendation for a license revocation.

“There is no question that in the course of my disease of alcoholism I made bad decisions,” Suarez-Quilty said. “And I am desperately sorry for that. I am a sober woman today and living in recovery.”

Suarez-Quilty has practiced law in Iowa for 19 years and runs the Suarez Law Firm on Court Avenue in Des Moines, where she specializes in immigration cases and family law.

In 2012, she sought appointment to fill the term of a resigned Des Moines school board member, but was arrested a few days before the finalists for the position were chosen. According to police records, she came home intoxicated and fought with the man with whom she shared a residence at the time.
She allegedly punched him in the face, leaving his eye swollen shut. She was subsequently convicted of domestic-abuse assault causing bodily injury.

At various times, Suarez-Quilty worked as a staff attorney for Planned Parenthood and as a lobbyist for Orchard Place, the American Civil Liberties Union of Iowa and the Iowa chapter of the American Cancer Society.

In 2010, she received a private admonition for an alleged assault on a state trooper after a drunken-driving arrest. In 2013, she was publicly reprimanded as a result of her domestic-abuse assault conviction, and in 2015 she was publicly reprimanded for a variety of ethical violations.

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Des Moines lawyer faces disbarment over theft

Elderly parents' estate drained after three sons sell farm, 'gift' family home

Three adult sons who siphoned more than $1.6 million from their elderly parents have been refused guardianship over their estate.

The State Administrative Tribunal found the couple were victims of "questionable transactions" and appointed the Public Trustee as administrator.

In March, one of the sons had helped his father, 87, sell the couple's farm in Wyening, but later transferred the $1.6 million to his own account and then split the proceeds with his brothers.

He also took a personal commission of $50,000, and transferred a further $244,000, of which he later returned $200,000.

The sons also sought to have their parents' Mullaloo home gifted to themselves, even though the tribunal had found their mother, 81, "lacked the legal capacity required" to agree to it.

The sons did not make the solicitor involved aware that their mother had an independent guardian, or that there were ongoing proceedings.

Two of the sons used their parents' funds to pay their own legal fees, and the parents also covered the cost of renovations and repairs to the Mullaloo home, even though ownership had been transferred.

The tribunal also referred to "very large cash withdrawals" from ATMs, and noted the couple had given one son $3,000 for rent and groceries.

Granddaughter steps in to demand independent guardian

It was during April that the "questionable transactions" occurred, amidst a climate of family acrimony.

A granddaughter of the couple had sought an independent administrator for her grandmother on April 10, fearing she was at risk.

She said her grandmother was suffering from dementia, had lost weight, missed family events and medical appointments, and had her landline disconnected while family members' numbers were blocked on her mobile.

Two days later, a confrontation erupted between her, and her father and his nephew, which resulted in police charging the nephew with assault.

The granddaughter had her grandparents admitted to hospital on April 13, and she shared her concerns with a family doctor.

The same day, the $1.6 million proceeds from the sale of the farm was transferred out of her grandparents joint account.

Then on April 19, one son asked the tribunal for he and his brother to be appointed as guardian and administrator for their parents, arguing his father was "vulnerable to financial exploitation by his grandchildren" and was being held "against his will in hospital".

On April 20, the elderly couple were discharged from hospital against medical advice after one of the sons went there under a false name.

The gifting of the Mullaloo home occurred in May.

The tribunal said it did not accept the claims that the sons were making about the grandchildren.

It ordered that the Public Trustee lodge a caveat over the Mullaloo residence, and consider an injunction preventing the sons from dealing with the funds associated with the farm.

It ordered investigations be undertaken regarding other amounts.

The tribunal ruled an administrator be appointed for the grandfather and grandmother, and the Public Advocate appointed with his limited guardianship for the grandmother.

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Elderly parents' estate drained after three sons sell farm, 'gift' family home

Hospital Uses Guardianships to Remove Medicare & Medicaid Patients

I am not a lawyer and I readily admit my understanding of the law is limited. However one does not need a law degree or legal education to know the following case is an abhorrent perversion of law and justice.

The case of Anastasia Adams proves that having power of attorney and an advance directive will not protect you if a major hospital like Inova Fairfax in Northern Virginia sues for guardianship and hands you over to their designated guardians. Even having a court appointed guardian will not protect you from guardianship if Inova thinks your child needs Electro-Shock therapy and you disagree with them; as Francisca Zegarra-Rodriguez found out. Francisca was appointed as her son's guardian by Loudon County Circuit Court judge the Honorable Jeanette A. Irby on December 14, 2015. When Francisca disagreed with Inova's treatment decision Inova simply took her to court and had a Fairfax County Circuit judge set aside her guardianship order and took her son forcing him to have ECT. They returned custody of Francisca's son to her six months later.

Inova in both of these cases -- and in 35 others and counting, 19 just since February 2017 -- had Fairfax County judges appoint the same two co-guardians and co-conservators, using the same two guardian ad litem's, and the same external law firm Blankingship & Keith; who allegedly according to public records always state it is an emergency and there are no known power of attorney's even when they allegedly know they exist.

Anastasia's sister Yolanda Bell had been her power of attorney for 15 years when Inova sued for guardianship. In their petition for guardianship Inova and their attorney's did not allege there was abuse, neglect, or exploitation (nor did the circuit court judge find abuse, neglect, or exploitation). All Inova alleged was Yolanda "refused to consent to discharge" and therefore was not acting in the best interests of her sister. So on February 15, 2017, Fairfax County Circuit Court Judge Stephen C. Shannon issued an order appointing Inova's two designated guardians as co-guardians and co-conservators of Anastasia's person, property, and estate. Like Francisca Yolanda had simply disagreed with Inova. Yolanda disagreed with Inova wanting to discharge her Anastasia with a large pericardial effusion (fluid around the heart) and a 12" blood clot, so she appealed Inova's decision to Medicare. Medicare agreed with Yolanda that Anastasia was still too ill to be discharged but Inova had already taken custody of Anastasia.

Since the guardianship order Anastasia's health has been run into the ground by Inova's designated guardians. Allegedly the facility where she was first placed severely broke her right hip and the guardians would not have it set or fixed leaving it grossly deformed. Allegedly the next facility where she was placed broke Anastasia's right ankle and again the guardians would not have it set or fixed. What is allegedly happening to this woman and dozens of others by Inova in this writer opinion is both morally wrong and criminal.

According to public records there are at present approximately 38 people whom Inova Healthcare Services has sued for guardianship, allegedly either to enforce treatment decisions or effect discharge from one of there hospitals. All of these individuals are on Medicare or Medicaid and it appears that when Inova thinks they will not be paid they simply call in Laurie Kirkland from B&K and she files an emergency petition for guardianship. Amazingly at least 35 of the 38 guardianships all have two attorneys from Dingman and Labowitz, PC as co-guardians and co-conservators -- principal Kenneth E. Labowitz, Esq and partner Anne M. Heishman, Esq -- and either Saben N. Johnston, Esq or Gary Jetter, Esq as court appointed guardian ad litems. At first glance this might appear to be a coincidence but upon closer inspection one realizes the same one or two names are shown in appointing the guardian ad litems, with the predominant name being the Honorable Daniel Ortiz.

According to official court transcript in the Anastasia Adams hearing, guardians Heishman and Labowitz have up to 120 at a time. Conservatively, this means if each ward receives $1200 a month in social security benefits the guardians are receiving $144,000 a month and $1,728,000 a year since they have had all funds diverted to bank accounts they control. Meanwhile their wards, as evidenced by Anastasia's situation, are relegated to languish in substandard and poorly run nursing homes isolated from their families, clergy, and loved ones. In fact Anastasia was placed in a room with no TV or radio and left to just stare at the walls 24 hours a day.

Family members dealing with what has been labeled "predatory" guardianships have attempted to obtain legal help but lawyers in Northern Virginia will not help the victim's party because Inova is a major employer and contributes to many political campaigns. Add to this the fact that Kenneth Labowitz started a political action committee (PAC) in the '90s that got Senator Jim Moran (D) elected and served as the president of Legal Services of Northern Virginia; it becomes clearer why families are unable to get any help to fight the Inova guardianship machine and extract their loved ones from their clutches.

Both the U.S. Senate and U.S. House of Representatives have just passed SB178 Robert Matava Elder Abuse Prosecution Act of 2017 and it is waiting for President Trump to sign it into law. The Bill promises some potential protections (and hopefully prosecutions) for those families and individuals who find themselves trap in the agonizing torment of a guardianship like those above.

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Hospital Uses Guardianships to Remove Medicare & Medicaid Patients

Federal funding cuts could be 'devastating blow' to elder abuse prevention

Edward Rice told multiple doctors within a week in June he felt like he was being abused, but nothing was done to separate him from his alleged abuser. Edward Rice was dead a month later. Lacy Atkins / The Tennessean

Reductions in federal funding could be “a devastating blow” to state agencies around the country that depend on federal money to investigate hundreds of thousands of cases of alleged abuse of the elderly, abuse prevention advocates say.

Every state has agencies that depend, at least to some extent, on federal social services block grants to support investigating allegations, which can range from financial exploitation to physical abuse and neglect.

Advocates say there's only growing attention to the issue, and it deserves more resources, not less.

"It’s this kind of insidious problem we have to think about," said Paul Greenwood, the district attorney in San Diego County, Calif., and leading advocate for elder abuse prevention and prosecution who delivered a keynote speech on the topic recently to the state districts attorney conference in Knoxville.

The House passed a budget resolution that included a requirement to reduce spending, largely a recommendation from the House Budget Committee, chaired by U.S. Rep. Diane Black, R-Gallatin.

Ultimately, the forced spending reductions — including to the social services block grants — were removed by the Senate. But they could come up again as Congress prepares to debate a tax reform plan from the Trump administration and how to pay for it.

"Elimination of these funds would mean the elimination and/or reduction of many" of the services provided by adult protective agencies, said Julie Schoen, deputy director of the National Center on Elder Abuse, at the Keck School of Medicine in Alhambra, Calif.

"If funding is discontinued or cut, I cannot imagine what will happen."

In Tennessee, nearly half of the state’s nearly $8.6 million budget for Adult Protective Services comes from that federal grant program. In the last five years alone, the state has received 55,000 reports of alleged exploitation, abuse or neglect.

More than 34,000 of those have warranted a state investigation, an average of about 18 per day. That average is consistent with NCEA figures of about 20 per day, Schoen said.
"Elder abuse is on the rise, and awareness of this issue is also growing," she said.

Tennessee Adult Protective Services officials declined to say what moves could be made if funding is reduced, calling it speculative.

State prosecutors and lawmakers in recent years have created task forces and passed legislation to enhance the crimes committed against the state’s elderly, which are handled by 90 APS investigators statewide, less than one per county.

This past year, that effort was championed by state Senate Majority Leader Mark Norris, who has been nominated to a federal judgeship by President Donald Trump.

The legislation was generated in part by a committee established by Gov. Bill Haslam in 2014 and led by Norris. That committee focused on vulnerable adults and has developed legislation to increase criminal penalties for elder abuse.

Lisa Zavogiannis, the district attorney in Tennessee's 31st Judicial District, chairs the elder abuse subcommittee within the state's districts attorney conference.

Zavogiannis said the committee has only reached "the tip of the iceberg" on the issue.

"For so many years it was ignored," she said.

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Federal funding cuts could be 'devastating blow' to elder abuse prevention