Walton County lawyer, judge faces 12 child porn, enticing children charges

A Walton County lawyer, part-time judge and ex-special assistant attorneys general (SAAG) faces 12 charges of sexual exploitation of children, Channel 2 Action News reported.

George Randolph Jeffery, who goes by Randy, was arrested Friday amid a joint investigation by the GBI and FBI, Channel 2 reported.

Documents obtained by the news station indicate that most of the charges Jeffery faces involve photos or videos of child pornography, but one charge alleges that he used an email account to entice a child for indecent purposes.

A spokesperson for Attorney General Chris Carr sent Channel 2 a statement that said Jeffery had been appointed to serve as a SAAG, representing the Georgia Department of Human Services Division of Child Support Services in Walton and Newton counties.

“Attorney General Carr opposes any and all forms of child exploitation and abuse,” the statement said. “We hold our Special Assistant Attorneys General to very high standards. Given the circumstances, we terminated Mr. Jeffery’s appointment as a Special Assistant Attorney General immediately upon getting word of the arrest.”

Walton County Probate Judge Bruce Wright told the news station that he inherited Jeffery as an associate probate judge from the previous administration. He said Jeffery handled about one estate case for him a year for the past six years.

“A GBI agent and an FBI agent made me aware of (Jeffery’s charges) prior to the morning of his arrest,” Wright told Channel 2. “I was sad, I was hurt and I was mad all at once.”

Wright said he won’t assign Jeffery any cases while the charges are pending, and he’ll refer Jeffery to the Judicial Qualifications Commission for his removal as a judge if he pleads guilty or is found guilty of any of the charges, the news station reported.

Attorney Robbie Ballard told Channel 2 his firm represents Jeffery, and he intends to plead not guilty. He wouldn’t comment further on the case.

Because of his connections to the Walton County judicial system, Jeffery was taken to the Barrow County Jail, where he’s being held without bond, the news station reported.



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Walton County lawyer, judge faces 12 child porn, enticing children charges

Pets Forever volunteers help seniors keep their pets

At 83, Rita Lopez of Loveland can't take her dog, Buddy, on long walks — it doesn't help that she has arthritis and polio and can only go a few paces out her door and back.

Buddy, a Chihuahua Lopez rescued a year ago, still gets 15- to 20-minute walks three times a week with the help of Colorado State University student Elida Muniz through the Pets Forever program.

"Sometimes I can't walk very well. To have somebody walk my dog is really important to me," said Lopez, who lives in low-income senior housing in central Loveland and raised 10 children, plus operated a day care and worked as a housekeeper, caregiver and volunteer.

Elida Muniz of Pets Forever offers Buddy a treat

Since August, Muniz, 21, has been spending 1 ½ to 2 hours with Lopez every Monday, Wednesday and Friday morning to help with pet care and offer companionship.

Muniz, a fourth-year social work major and Fort Collins resident, visits Lopez and three other clients each week through a social work field placement internship at Pets Forever. She helps with dog walking, yard cleanup and pet feeding.

"I'm mainly there for client companionship, building up a relationship with them," said Muniz, who plans to work in the medical social work field in a hospital or nursing home. "We talk about their life, their history, their kids, their interests in Pets Forever. We usually use the pets as the focus of the bond with us. From there, the conversation leads to other things."

Pets Forever, a community service program housed in CSU's College of Veterinary Medicine and Biomedical Sciences, helps low-income elderly and disabled Larimer County residents maintain ownership of their dogs and cats by providing basic pet care and limited financial support for spay and neuter procedures, veterinary care and animal supplies.

Volunteers step in to do everything from dog walking to in-home animal care. They brush the animals, do yard and litter-box cleanup, deliver pet food and supplies, and give rides to the vet or groomer.

"We really recognize how much pets bring to people's lives," said Sarah Van Etten, program coordinator of Pets Forever. "The pet takes on an outsized role of importance in their lives. We feel like helping them keeps that relationship intact."

Pets Forever also serves as a shelter diversion program, Van Etten said.

"We become a part of that critical safety net in our community of keeping pets at home as opposed to having them go to a shelter where it might be hard to re-home them because sometimes the pets are older and maybe not in great health," Van Etten said. "By helping older pets stay at home with their families, we're providing a service not only to animal shelters but to the greater community as a whole."

Add captiRita Lopez of Loveland gets a kiss from her dog, Buddy, during a Pets Forever visit Oct. 24. (Shelley Widhalm / For the Loveland Reporter-Herald)on

The volunteers, called client service providers, are students and community members who provide the pet service and companionship. They are paired up with a pet owner, who typically is homebound and has limited social support, and come to the pet owner's home two to three times a week.

Students volunteer in multiple ways, such as through a three-credit service learning course that includes classroom time and weekly visits, semester internships of 10 to 30 hours of service a week and as university volunteers. There also are students who provide services through the university's work-study program.

"We diversified so we can serve as many clients as possible," Van Etten said.

The internship program is new and had six participants in 2017 and 17 so far this year.

"We're looking to expand that as a way for students to practice professional skill-building and get real-world experience with the population we serve," Van Etten said.

In spring 2018, Pets Forever began working with Shine LLC in Fort Collins, bringing teams of four to five adults with intellectual disabilities that are part of the day program to provide the service.

"It's a way for us to connect with different parts of the community," Van Etten said. "Pets Forever is looking for creative and innovative ways to build community and ensure sustainability of the service."

In 2017, 137 client service providers worked with the program, including 105 students, six interns and 26 community volunteers. They served 187 clients and 325 pets with 40 percent of the clients in Loveland and the rest mainly in Fort Collins and LaPorte. When the program was founded in 2008, there were 20 clients.

The human-animal bond

The service helps the pet owners preserve the human-animal bond, giving them the benefit of the comfort and companionship animals offer.

"Pets are a really important part of people's lives. They're their only companion sometimes," Muniz said. "It gives them something to take care of."

The pets provide the owners with physical, therapeutic and emotional support and help with things like lowering blood pressure and symptoms of depression and anxiety, Muniz said.

"Having that nonjudgmental companion that's with them throughout the day stabilizes them in their mood and emotions," Muniz said.

Pet Forever's services also benefit the animals, Muniz said. She sees Buddy become energetic and get excited for his walks, she said.

"Just being able to walk the dog further, you can see that in the dog's attitude and behavior," Muniz said. "They seem happier when they go further."

Lori Kogan, program founder and director of Pets Forever and a professor in the clinical sciences department of CSU's College of Veterinary Medicine and Biomedical Sciences, started the program when she learned about seniors and other local residents having to give up their pets because they couldn't physically or financially care for them. She tried to identify a service to help them but couldn't find anything in the Fort Collins community, she said.

"For a lot of these people, the pet is the only family member they have," Kogan said. "To keep those families intact felt really important to me. ... It's incredible, unconditional companionship. ... It's all part of keeping that relationship healthy and happy."

The program's funding

Pets Forever is funded through grants and donations, including the Animal Assistance Foundation, the American Society for the Prevention of Cruelty to Animals and PetSmart Charities. The budget for the program is $170,000 year, which covers student and volunteer coordination and administrative and direct program costs.

In 2015, the program lost its main funding source, the College of Veterinary Medicine and Biomedical Sciences, and has found replacement funds since then.

Van Etten said it is continuing to build a base through the generosity of individuals in the community as well as foundations focused on helping animals and people. "We're looking at foundations interested in the idea of building communities within generations, connecting students and older adults."

Pets Forever aims to continue sustainability of the program by looking for additional funding sources, Van Etten said.

"We've been really incredibly grateful and appreciative for the outpouring of support we've been given by the community and some of these lead foundations, but we're always looking to grow and expand our community of support," Van Etten said.

For details, visit petsforever.colostate.edu. The giving page is at advancing.colostate.edu/cvmbs/petsforever.

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Pets Forever volunteers help seniors keep their pets

Man with Dementia Abandoned at Airport

Caring for an elderly person with Alzheimer’s disease can be a difficult task, particularly if the disease causes their behavior to become hostile or aggressive, leaving many families with no other option but to institutionalize their loved one or hire professional round-the-clock care.

There are some families, however, who, when faced with a difficult situation like this, resort to something much worse than handing the person’s care over to the experts. Instead, they abandon the family member or attempt to pass them off to someone else without any concern for their well-being.

Such has been the case with Jerry Ellingsen, an 80-year-old man with Alzheimer’s who was found wandering around the Denver airport with his small dog. When he was discovered by United Airlines employees and questioned by police, he was found to have no memory of who he was, where he was, or why he was there.

After further investigation, police found out who the man was and learned that he was traveling from Fort Myers, Florida. They attempted to contact his daughter, who was the one who put him on the plane in an attempt to get him out of her hair and back to his wife, but to no avail.

Ellingsen’s estranged wife was also called, but she refused to come and pick her husband up, stating that he’d shown aggressive behavior toward her.

“I have no use for him,” she said. “I mean, a man that wants to kill me? Come on. I don’t want to live with him.”

Jackie refused to give police her address and said that if Ellingsen showed up at her house, she would not let him in.

Recently, Ellingsen had been living with his brother, sister-in-law, and nephew in Florida for a few weeks because no one else would take him in after he left his wife’s home. They were okay with having him stay with them, but they claim he got angry one day for no apparent reason, packed his bags, and left.

Ellingsen’s brother and his family contacted Ellingsen’s daughter, Pamela Roth, about the matter, and she put him in a hotel in Fort Myers for a few weeks. But it wasn’t long before she gave up on caring for him as well and sent him on a one-way flight to Denver by himself, hoping that his wife would handle the situation from there.



But rather than call her mother and explain the situation, Roth, who had power of attorney for her father at the time, and who works for a company specializing in senior home care, simply sent a text saying, “My dad and Corky will arrive on a flight in Denver tomorrow afternoon.”

With nowhere to go and no one to take him in, Ellingsen ended up wandering around the Denver airport before being admitted to the University of Colorado Hospital, where he has been for six months. His wife would only agree to take the dog.

Ellingsen is not alone in this difficult situation. A whopping 113 people were found to have been abandoned in the Denver area when 9 News looked into the issue, and all were being held at hospitals, some for as long as 577 days, despite having no immediate medical needs. About 30 percent of them had dementia.

Photo: 9 News

Hospitals are legally obligated to keep these people if they have no place to go, and the hospital generally eats most of the cost. Denver Health has an entire wing of stranded patients and estimates the cost of keeping them to be about $18 million per year, which only serves to drive up the cost of care for other patients and is an extra burden on taxpayers.

“If you need to drop my dad at a homeless shelter, it’s fine,” Roth texted. “I just want him to have a roof over his head. Please.”

Photo: 9 News

The case was investigated as elder abuse but dismissed as “legally insufficient” to pursue. Ellingsen’s sister-in-law describes the issue as “a sad sad circus.”

Learn more about Ellingsen’s story and the tragic epidemic of abandoned people with dementia in the video below.



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Man with Dementia Abandoned at Airport

Dispossessed After Death: The Disposition Of Tangible Personal Property, Auctions, And Estate Sales

(Photo by Scott Nelson/AFP/Getty Images)

In addition to the disposition of real estate, financial accounts, and royalties, a last will and testament also disposes of one’s tangible personal property, or plainly said, one’s things. These items are as large as cars and boats, as valuable as art and jewelry, and as sentimental as books, souvenirs, and family tchotchkes. A last will and testament will dictate how and to whom the testator’s stuff is disposed. In many cases, it can also be the source of additional estate monies to use to pay for estate administration, costs, and legal fees.

Contrary to many individuals’ expectations, a last will and testament does not bear a list of one’s possessions. Clients do not need to inventory their homes for every china plate or piece of clothing. Generally, the last will and testament (or living trust) will categorically distribute the testatrix’s possessions to a surviving spouse, her descendants, or a class of people (for example, she can bequeath all of her silver knick-knacks to her siblings). The executrix is charged with equally (or unequally) distributing the bounty. It is imperative that one person, like an executrix,  be given full discretion to make the decisions as to whom gets which object or if any items must be sold.  Often estates are plagued with arguments and even litigation over invaluable bric-a-brac, because a testatrix failed to include specific directions as to the distribution of tangible property or she did not properly identify an item to be disposed.

Only personal property that can be clearly identified and actually owned by the testatrix is listed in a will.  Examples may include a painting by a prominent artist or a clearly definable and monetarily valuable piece of jewelry (e.g., “my yellow gold 4 carat diamond ring with 6 rubies surrounding the center stone, size 8, and stamped ‘Firenze 1982’”). Such items should have appraisals and insurance riders attached to them. This will assist with the identification of items following a testatrix’s passing. Given the propensity for tangible items to be misplaced  will drafters often opt not to include their dispositions to minimize confusion and even litigation upon a testatrix’s death.

Often a testatrix is encouraged to execute a memorandum following the signing of a last will and testament. In the memorandum, the testatrix writes her wishes as to whom her personal property like jewelry, electronics, and art should be distributed. Often the memorandum need not be filed in the probate court, so as to preserve privacy. In some states, the memorandum is incorporated into the last will and its provisions are enforceable. In other states, such a memorandum is not enforceable and an executrix uses it as a guide in distributing the personal property, but maintains total authority on the disposition of the assets. It is important for a testatrix to get a sense of what is monetarily valuable and what is just sentimental. Items may be nostalgic but have little monetary value. Parents may wish to avoid fighting amongst their children after their deaths and gift jewelry or art during their lifetime.

If one has acquired valuable items during her lifetime, she may direct her executrix to sell the items and use the monies to pay estate expenses or bequests. This is often the case with celebrities who sell their items to fund their charities or foundations. Many of Barbara and Frank Sinatra’s paintings, signed letters, and personal items are presently up for auction. The proceeds will benefit the Barbara Sinatra Children’s Center in Rancho Mirage, California.

Nineties rap icon Tupac Shakur’s personal items are often auctioned, including most recently a high school love letter authored by him. Shakur’s jewelry (including a bullet-damaged medallion) and certain personal affects, have recently been donated to Temple University, specifically the Charles L. Blockson Afro-American Collection.

Sometimes families need to sell personal items to fund the estate and pay for legal and administrative costs. Artist Robert Indiana, who recently died, has two major artworks scheduled for auction in New York this month. His estate is auctioning the items to help pay for its legal fees as a result of a law suit in United States District Court in Manhattan wherein the decedent’s estate is a defendant. Indiana’s historic Maine house, Vinalhaven, is also in need of repair and the auction proceeds will help pay for these mounting costs.  Indiana’s last will directed that his house be used as a museum following his passing.  Similarly, famous Philadelphia mayor Frank Rizzo’s family is selling his house and more than 700 personal items, following the recent passing of his widow. Included in the sale is one of his famous night sticks and his Rolodex.

Amongst the most popular deceased celebrities whose personal items populate the auction circuit is Marilyn Monroe. Monroe, who died in 1962, had a last will that left all of her personal effects and clothing to her acting coach, Lee Strasberg. Strasberg died in 1982, leaving 75 percent of his interest in Monroe’s estate to his second wife, Ann Strasberg, who established Marilyn Monroe LLC, a Delaware limited liability. In 2010, the company was acquired by Authentic Brands Group and NECA Inc. for an estimated $50 million. Ultimately, the Estate of Marilyn Monroe, LLC was formed.

Ann Strasberg, who was not even named in Monroe’s last will, continues to reap benefit from the Estate of Marilyn Monroe, whose personal items pop up in the most unexpected places. Currently, you can purchase Monroe’s Jewish prayer book or “siddur” at Cedarhurst Gallery in New York where the item, owned by the star following her marriage to playwright Arthur Miller and conversion to Judaism, is up for auction.

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Dispossessed After Death: The Disposition Of Tangible Personal Property, Auctions, And Estate Sales

Women charged with financial elder abuse enter not guilty pleas

LAKEPORT, Calif. – A woman and her daughter arrested last month and charged with financial elder abuse have pleaded not guilty in the case.

Linda Ann Mafrice, 63, of Clearlake, and Meghan Mariana DeMarco, 29, of Kelseyville, entered the pleas in Lake County Superior Court on Wednesday, according to Deputy District Attorney Rachel Abelson.

Abelson said both women are scheduled for a disposition or setting of a preliminary hearing at 8:15 a.m. Jan. 15.

Both were arrested on Oct. 18 for financial elder abuse, grand theft, conspiracy, forgery and altering medical records, as Lake County News has reported.

The victim in the case is Dan Hamblin, Mafrice’s longtime boyfriend.

He also was the husband of Barbara LaForge, who was murdered in her downtown Lakeport frame shop in October 2002.

Lakeport Police Chief Brad Rasmussen confirmed to Lake County News last month that both Hamblin and Mafrice remain persons of interest in LaForge’s unsolved murder.

Mafrice and DeMarco are alleged to have coerced and tricked Hamblin into signing a deed to his residence at 10615 Fairway Drive in Kelseyville at a time when he did not have the mental capacity to consent to the transfer of his property.

Based on the investigation, they’re also alleged to have forged medical records and other documents to ensure the transfer went through.

The property was sold in June for $175,000 and they kept the proceeds, the District Attorney’s Office confirmed.

Mafrice also has a history of financial crimes for which she has served time in state prison.

Abelson said that, so far, both Mafrice and DeMarco are charged only with financial elder abuse; that charge offers the most time if convicted. She said some of other crimes for which the two originally were arrested “are just alternative charges for the same conduct but I will likely amend the complaint to add some as well as some auto theft potentially for the same victim.”

The women originally were held on $500,000 bail each. At her arraignment last month, DeMarco was released on her own recognizance, Abelson said.

In a separate appearance on Oct. 30, Mafrice also was released on her own recognizance over Abelson’s objections but at the recommendation of the Probation Department.

Attorney Angela Carter made a general appearance on behalf of her law firm Carter Brown for DeMarco on Wednesday. Komnith Moth, who works for Lake County’s indigent defense contract is representing Mafrice, who is seeing to obtain new counsel.

Carter told Lake County News that, so far, no financial records have been submitted as part of the case. “That is fairly normal in cases of this variety. The reports and information sometimes trickle in little by little. Accordingly, we set a court date in mid-January. That is longer than usual, but both the prosecution and the defense require records to proceed. I’m sure they will be forthcoming.”

In addition to entering a not guilty plea – which Carter said is normal in every case and gives her time to review the discovery and advise her client – DeMarco waived her right to a speedy preliminary hearing, since she’s not in custody.

Carter said she negotiated DeMarco’s release on her own recognizance directly with District Attorney Don Anderson, and said she believed Mafrice also benefited from that agreement. “It would not make sense legally to hold a co-defendant on high bail when the other was released without the need to post any bail,” she explained.

She added, “Keep in mind that there is new legislation scheduled to eliminate bail completely and these types of cases will not be required to have any bail posted, and release will be virtually automatic in the future if that legislation is not overturned.”

Beyond the January court appearance, Carter said she anticipates a preliminary hearing date in early spring, “depending on how much time the new attorney requires to prepare and how quickly the records are supplied to the attorneys.”

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Women charged with financial elder abuse enter not guilty pleas

Journey Guitarist Neal Schon Helps Wife Michaele Schon Battle In Court to Save Elderly Mother

Journey star Neal Schon is helping his wife, Michaele Schon gain a conservatorship over her mother to take the woman out of a facility where they feel she is being given insufficient care.

Michaele, who is formerly a “Real Housewives D.C.” star, is trying to become the conservator over her mother, Rosemary Holt.

According to documents, filed by both Neal and Michaele, Rosemary recently fell in the parking lot and was hospitalized. During the hospitalization, the hospital made the decision to release her and file to appoint a temporary guardian (a lawyer connected to the hospital) to handle her care, and admitted her to an assisted living facility.

Michaele claims she wasn’t involved in the decision to leave her mother, and says that since being admitted she is now being held against her will and has developed severe medical issues. Included in the filing, Michaele claims her mother developed an sacral wound on her back that caused her to become delirious.

The documents, filed by attorney Troy Martin, ask that the Schons take over full control of Rosemary’s personal decisions and her estate. Neal and Michaele claim it has gotten so bad that she is “in a substandard and dangerous assisted living facility,” and claim “She has suffered lacerations and contusions at this facility. She is being denied dental care which has resulted in severe dental problems.”

The couple attached graphic photographic evidence of the injuries and sores, and also included photos of the 91-year old Rosemary sleeping upright in a chair and appearing to be in pain while laying on a couch. They say, “She is so uncomfortable in her room, she frequently sleeps on the couches or chairs in the lobby.”

The Blast

She also says her mother was diagnosed with dementia by the hospital, but they believe she was just dimerous from the wound, and cannot express the severity of the situation. In seeking to become a guardian, Michaele also explains she and Neal want to move Rosemary out to California.

The stars claim they’ve already been paying for Rosemary’s expenses and care, and have recently purchased her a home where they will pay the full cost of hiring a nurse and provide constant care.

However, we’re told the other members of Michaele’s family are supportive of Rosemary staying in the Virginia assisted living facility, so it appears the fight will have to be settled in court.

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Journey Guitarist Neal Schon Helps Wife Michaele Schon Battle In Court to Save Elderly Mother

Why the state office created to help abandoned at-risk people can't actually help

KUSA — 9Wants to Know found burnt-out caregivers sometimes abandon family members with Alzheimer's and dementia at hospitals, leaving dozens of patients stranded.

During a monthslong investigation, our team found that an office meant to address this problem—with the idea of "state guardianship"—created about two years ago, but it's been doing nothing.

STRANDED | Read the previous stories in this investigation at this link
Wednesday, 9Wants to Know investigates why this office was created and what's led it to be so ineffective—unable to use taxpayer dollars to try and fix the epidemic plaguing Colorado.

Every month in downtown Denver, five unpaid public officials sit around a table at an official meeting over an office that doesn’t exist. They’ve held 15 of these meetings over the last year, complete with minutes and agendas in a borrowed room because there’s no office for this office that really isn’t an office.

You can find "The Office of Public Guardianship" on paper. The concept was born out of the state legislature nearly two years ago. The intent: create a state agency of legal guardians who would make decisions for abandoned and at-risk adults. It’s estimated about 5,800 people in Colorado, some of them in hospitals, could use a legal guardian, according to a state study.

The plan is to launch the office as a pilot program that would serve people in the Denver area first before a state-wide roll-out. When 9Wants to Know asked the chair of the commission how many people the Office of Public Guardianship has helped over the last year, the answer was zero.

“We’ve been going on with the business of getting an office up and running that has no funds,” explained Commision Chair Shari Caton. “This is not viable, and we can’t make it work.”

When lawmakers created the office with bipartisan support, they required the public agency to operate on nothing but gifts, grants and donations. It can not receive any tax dollars whatsoever, according to the law.

Turns out, according to the commissioners, nobody wants to donate to the government.

Even the local healthcare industry that lobbied for its creation doesn’t want to donate.

“Well, it’s the Office of Public Guardianship program. It’s a public function,” said Amber Burkhart of the Colorado Hospital Association. “During the legislative session, we spoke about this preference that it be funded through state government money.”

STRANDED PART I | Man with Alzheimer’s sent on one-way flight to Denver among scores of patients stranded in hospitals

Hospitals in Colorado absorb the cost of stranded people languishing in their care, which can cost up to $2,500 per day. Hiring guardians to represent some of the stranded may shorten stays in hospitals and reduce costs.

9Wants to Know has reported that Denver Health projects it will spend $18 million on people who’ve been stranded in their hospital just this year. The OPG law also requires the office to raise $1.7 million before it can even start hiring a director and staff. According to Commissioner Caton, the office has only raised about $2,000.

“I don’t have the skills as a grant writer or a fundraiser. That is not my profession. I’m an attorney by profession,” she said.

Caton said she believes the current system is not a viable business model for the agency. “I didn’t perhaps anticipate the challenges we would be facing with regard to raising money,” she said.

Democratic lawmaker Dave Young cosponsored the legislation with Republican Kevin Lundberg. Young said they wanted to get the program started despite a money shortage.

“We never let perfect be the enemy of the good” Young said. “You try to craft a best as a solution as you can, move it through. If it doesn’t quite work right, then you come back the next year and work on it again.”

STRANDED PART II | Nursing home dumped man unable to care for himself in lobby of independent living facility

If there’s one person happy with the inability for the office to function, it’s Maureen Welch, an activist who’s been attending the meetings. Welch said she believes the office - if it ever gets running - needs more oversight to prevent guardians from abusing their positions.

“I think you should not pass anything until there are safeguards in place that protect individuals who are at risk in Colorado,” she said. “Colorado can do better than this. Colorado needs to do better than this.”

While Young’s time as a state lawmaker ends in January (he’s been elected as the State Treasurer), he believes the legislature may need to “hit the reset button” on the program.

“I think if we can actually get this office working and working well, we’re gonna see some positive outcomes for people,” Young said.

Until then, the meetings for the nonexistent office will continue as people who need help languish in hospitals.

Full Article & Source:
Why the state office created to help abandoned at-risk people can't actually help

Connecticut Guardian Sued by Nursing Home for Failure to Timely File Medicaid Application

In his Elder Law column, Daniel G. Fish discusses a decision of a Connecticut appellate court, 'Bloomfield Health Care Center of Connecticut v. Jason Doyon', which should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility

Photo courtesy of kenary820/Shutterstock

A decision of a Connecticut appellate court, Bloomfield Health Care Center of Connecticut v. Jason Doyon (Conn. App. Ct., No. AC 40281, Oct. 9, 2018) should serve as a cautionary tale for guardians. In that case, a nursing home brought suit, outside of the guardianship court, against a guardian for failure to timely file a Medicaid application. The lower court dismissed the action for lack of privity but the appellate court reversed and remanded.

 ‘Bloomfield’

Samuel Johnson was admitted to the Bloomfield Nursing Home in April 2013. In September of that year his daughter filed a Medicaid application on his behalf. Medicaid denied that application in January 2014 for failure to provide information, such as an explanation of the proceeds of the sale of Johnson’s home.

The nursing home then initiated a conservatorship proceeding to assist Johnson in filing for Medicaid so that it could be paid. Jason Doyon was appointed conservator in April 2014. He paid over the proceeds of the sale of the home and Johnson’s monthly Social Security benefits to the nursing home. He did not file a Medicaid application until January 2015. This application was denied for failure to submit required documentation of eligibility.

The guardian then filed a further Medicaid application in August 2015 which was approved. However, the retroactive date that Medicaid eligibility began, May 1, 2015, left a gap in coverage and a debt owed to the nursing home. The nursing home brought suit directly against the guardian, in a plenary action, alleging his failure to timely file the Medicaid application was negligent and harmed the nursing home.

The guardian filed a motion for summary judgment arguing that he owed a duty only to his ward and had no duty of care to the nursing home. The trial court granted his motion. holding that “the defendant’s duty, and in fact, his authority to pursue Medicaid benefits on behalf of his ward, does not arise out of any relationship between the plaintiff and him, but solely from his appointment by the Probate Court as conservator …”

The appellate court reversed, finding the nursing home had advanced sufficient facts to demonstrate the foreseeability of harm to the nursing home if the Medicaid application were not filed timely by the guardian. The Bloomfield court gave great weight to the fact that the initial nursing home petition for the appointment of a conservator specifically mentioned the need for the Medicaid application; the guardian had exclusive access and control over the patient’s assets; the guardian had paid the proceeds of the sale of the home to the nursing home and paid the ward’s monthly Social Security benefits to the nursing home and knew of the debt to that facility. In this case the guardian was directly involved in the financial relationship between the ward and the nursing home.

New York State

In New York state, suits brought against guardians by third parties in plenary actions have been few in number and have been unsuccessful.

In Columbia Memorial Hospital v. Barley, 790 N.Y.S.2d 576 (App. Div. 3d Dept., 2005), the plaintiff hospital sued the patient’s guardian, the Columbia County Department of Social Services (DSS), alleging that the guardian failed to prevent the fraudulent transfer of the patient’s home or seek to have it set aside. DSS moved for summary judgment in the trial court and that motion was denied. The Appellate Division reversed and granted summary judgment to the guardian finding that “Plaintiff’s claim against DSS for breach of fiduciary duty should have been dismissed, however, because plaintiff neither pleaded nor proved facts demonstrating that DSS owed a fiduciary duty to plaintiff or had any relationship approaching privity …”

Martin v. Ability Beyond Disability, 2014 N.Y. Misc. LEXIS 5094 (Sup. Ct. Westchester Cty., 2014) reached a similar conclusion. This was a suit by mother of a deceased ward (John Martin II) against the guardian (Philip E. Conaty) for loss of the right of sepulcher. She alleged the guardian failed to notify her of her son’s death. The guardian argued lack of privity. The court agreed with the guardian: “The plaintiffs do not have standing to bring an action against Conaty. First the Court notes that Conaty owes no duty to the plaintiff other than in his capacity as a guardian for John.”

Complexity of the Medicaid Application

Bloomfield can be taken as a warning to guardians in New York to be timely in the filing of Medicaid applications on behalf of their wards. The fact that it took three applications to secure a Medicaid approval in Bloomfield can be taken as an indication of the complexity of a Medicaid nursing home application.

That application requires complete monthly statements from all financial investment and income tax returns over a five-year period immediately preceding the filing of the application. Those records must be analyzed to determine whether any uncompensated transfers were made within that time period by reviewing all withdrawals of $2,000 or more. In addition, the application must explain all of the income received during the five-year period, such as Social Security, pension, annuities, interest and dividends and required minimum distributions from retirement accounts. Further the application must document factors of age, citizenship, marital status, health insurance, and residence.

Obtaining all of the required information for a third party who is a resident of a nursing home and may be unable to assist in the process due to dementia can be an arduous process. The guardian should be aware of the information that will be required by Medicaid and ensure that the commission authorizes the guardian to secure the necessary information (e.g., birth certificates, marriage certificates, divorce decrees, death certificates and tax information).

The guardian should have the skill to timely file the Medicaid application and if not seek court approval for the retention of an appropriate professional with the experience and capability of properly filing the application and monitoring the processing of the application by the Medicaid agency.

Conclusion

Even though the nursing home in Bloomfield brought the original guardianship petition, it brought a separate proceeding against the guardian for the delay in the filing of the application. The nursing home might have avoided the privity issue if it had brought the proceeding for the delay in the guardianship court where the matter originated. The matter is made more difficult in New York state, where some nursing homes have brought guardianship petitions to secure payment for care and been criticized for using Article 81 of the Mental Hygiene Law for debt collection purposes. “To the extent that the nursing home is seeking to be paid for the care it has rendered to the person, the petitioner must seek a different avenue of redress for that relief as a guardianship application is inappropriate.” Matter of G.S., 841 N.Y.S.2d 428, Sup. Ct. Bronx Cty., 2007).

This case should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility. A Medicaid application is a daunting task for the first-time filer, and trying to master it without sufficient experience in the document requirements, deadlines, fair hearing and litigation options can expose a guardian to liability. The Bloomfield decision was not on the merits and only found that summary judgment was not appropriate in this case. The case is very fact specific, but the risk that a guardian could be liable to a third party for failure to properly process a Medicaid application for a ward is a genuine concern.

Daniel G. Fish is a partner at McLaughlin & Stern.
 
Full Article & Source:
Connecticut Guardian Sued by Nursing Home for Failure to Timely File Medicaid Application

Iowa takes center stage in the fight against elder abuse

AG Tom Miller

One in 10 older adults in the United States is abused or exploited every year. The abuse can be physical, psychological, or financial. In any form, it is unconscionable.

The United States Department of Justice and the Iowa Attorney General’s Office are committed to ending it. 

Elder abuse takes many forms. In some cases, trusted loved ones abuse their power-of-attorney status to drain the bank accounts of unsuspecting seniors. In other cases, scammers from half a world away swindle seniors through deceptive and extortionate phone calls. One such scheme, for instance, involves fraudsters calling victims and falsely claiming that a loved one has been arrested and sent to jail. The fraudster then asks the victims to wire money to secure the relative’s release. This scheme and others like it result in seniors losing an estimated $3 billion every year. 

Peter E. Deegan Jr. (Photo: Special to the Register)

In Iowa, we are united in our efforts to protect seniors. Embracing the Department of Justice’s increased commitment to stopping elder fraud and abuse, the U.S. Attorneys’ Offices for the Northern and Southern Districts of Iowa are prioritizing prosecution of those who defraud seniors, and we are asking judges to send perpetrators to federal prison.

In the past year alone, the U.S. Attorneys’ Offices for the Northern and Southern Districts of Iowa have charged and/or sentenced more than a dozen fraudsters for targeting the elderly and have coordinated with county attorneys to prosecute more than 20 others.

Marc Krickbaum (Photo: Special to the Register)

The Iowa Attorney General’s Office also is contributing to the fight by assisting county attorneys in prosecuting elder abuse and prioritizing frauds against elderly consumers. To further its work, the office received a $400,000 federal grant, which it has used to train more than 600 local law enforcement officers and other professionals on how to investigate and prosecute elder abuse cases.

On Nov. 14-15, the Department of Justice is hosting its first Rural and Tribal Elder Justice Summit in Des Moines. Over the course of two days, elder justice professionals serving and working with older adults in rural and tribal communities around the country will come together to gain a better understanding of the challenges rural and tribal communities face; identify promising practices, resources, and tools; and foster greater collaboration between tribal, local, state, and federal governments.

If you or someone you know is the victim of elder fraud/exploitation, we encourage you to reach out to the Iowa Attorney General’s Office at 515-281-5926 or 888-777-4590 (outside of the Des Moines area). And if you or someone you know is suffering from physical abuse, or is in immediate danger, please call 911 or contact your local law enforcement. The Department of Justice also provides resources to victims through its Office of Victims of Crime, which can be reached at www.ovc.gov. Additional elder justice resources, training, and outreach materials can be found at the Department’s Elder Justice Website, http://www.elderjustice.gov.

To register for the Rural and Tribal Elder Justice Summit, visit https://ovcttac.wufoo.com/forms/rural-and-tribal-elder-justice-summit.

Peter E. Deegan, Jr. is the United States Attorney for the Northern District of Iowa.

Marc Krickbaum is the United States Attorney for the Southern District of Iowa.

Tom Miller is the Attorney General of Iowa.

Full Article & Source:
Iowa takes center stage in the fight against elder abuse