Five Star Nursing Home Allegedly Engaged in Nursing Home Abuse Against Legendary Educator ...

A five star nursing home has engaged in elder abuse against a legendary educator, part of a growing problem of elder abuse in America.

Sean Higgins is Department of Veteran Affairs whistleblower but for the last year he has been dealing with a different form of corruption.

He said his mother, Cleo Higgins, 96, has been the victim of elder abuse at the Riviera Nursing Home in Holly Hills, Florida.  (Click to Continue)

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Five Star Nursing Home Allegedly Engaged in Nursing Home Abuse Against Legendary Educator

Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

PRATTVILLE — Former Autauga County Probate Judge Al Booth pleaded guilty to misdemeanor ethics charges Monday morning.

Booth pleaded guilty to one count of theft of services, court records show. He was initially indicted on four theft of services charges, but three of those charges were dropped as part of the plea agreement.

Circuit Judge Ben Fuller suspended any jail time and gave Booth 40 hours community service and was told to paid $1,676 in restitution to Autauga County. Booth was placed on supervised probation for two years, said Brad Ekdahl, his attorney. After Booth completes his community service and pays restitution, the probation becomes unsupervised, Ekdahl said.

“There was certainly never any intent to defraud the people of Autauga County,” Ekdahl said. “The process had to be allowed to play out. Judge Booth and his family are glad to get this behind them and are moving forward.”

The only witness to appear before the grand jury was an investigator with the Alabama Ethics commission. Theft of services is a Class A misdemeanor with a maximum punishment of a year in the county jail. Booth, 75, was facing felony ethics violations, but the grand jury indicted him on misdemeanor charges.

On four occasions Booth appointed his son, Alfred B. Booth also an attorney, to handle matters before the probate court when Al Booth was probate judge. The younger Booth goes by Brannon. The money paid to Brannon Booth did not exceed $500 on each individual appointment, the indictment reads.

Booth served 18 years as probate judge, retiring this year. State law does not allow judges to seek election or re-election to the post after they turn 70. Booth did make an unsuccessful bid for the House District 88 post in 2018. Al Booth serves as chairman of the Autauga County Republican Party.

The ethics commission determined in April that Booth violated the ethics law and forwarded to case to District Attorney Randall Houston’s office for review and possible legal action. An “intentional” violation of the state’s ethics law is a Class B felony, with a punishment range of two to 20 years in prison, the ethics commission website shows.

Houston recused himself from the case since Booth is a former elected official in his circuit. There was also the possibility that Houston may have been called before the grand jury as a witness.

The Shelby County District Attorney was appointed to handle the case.

Brannon Booth took an oath of office as "Special Judge of Probate" on Nov. 13, 2017, records at the probate office show. The oath was signed by Al Booth. Probate office records also show a motion filed July 17, 2017, where Brannon Booth submitted a bill to the probate office for $500 in a case where he was named guardian ad litem in a matter before the probate court.

The matter came out in open court during a misdemeanor harassment hearing on April 23, 2018 in Prattville Municipal Court. Al Booth had filed harassment charges against Keith Kuzma, after the two got into a shoving match at a GOP executive committee meeting in Prattville. Kuzma was found not guilty. Trey Norman represented Kuzma at the hearing.

Norman brought up Al Booth’s appointment of his son, Brannon Booth, as special counsel in Probate Court, while Al Booth was on the stand. Al Booth testified that he had appointed his son one time to handle a matter in probate court, where he was serving as judge.

“Did you consider the ethics laws and judicial canons before appointing your son?” Norman asked with an edge to his voice.

“That could be a problem,” Al Booth responded.

Houston was in the gallery during the trial.

On June 22, after the hearing, Brannon Booth filed a motion in Probate Court requesting he be withdrawn from the case, citing a " conflict of interest."

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Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

Elder financial abuse is a multibillion-dollar problem

All older Americans, regardless of income, are at risk of financial abuse.

Various studies estimate that seniors in the U.S. are scammed out of anywhere from $3 billion to $37 billion a year.

Between 2013 and 2017, those over age 70 lost an average of $41,800 to elder financial exploitation, according to an analysis by the U.S. Consumer Financial Protection Bureau.

The losses are even higher when the scammer is a friend or relative.

DTP | Getty Images

Seniors scammed by strangers lost an average of $17,000, while those who were ripped off by someone they know lost an average of $50,200, the bureau found.

Earlier this year, the Department of Justice announced the largest crackdown on elder fraud in U.S. history. More than 200 defendants were charged with victimizing in excess of 2 million older adults, who lost more than $750 billion to elder fraud schemes.

And still, elder abuse is vastly under-reported; only 1 in 44 cases of financial abuse ever comes to light, according to National Adult Protective Services Association, or NAPSA.

On the upside, there are ways to protect yourself, or someone you love, from financial abuse with a series of checks and balances, according to Jennifer VanderVeen, the president of the National Academy of Elder Law Attorneys.

Designate a power of attorney. Advisors, accountants and other financial professionals can often be among the first to spot potential red flags, such as large withdrawals or, conversely, a series of small ones.

A power of attorney takes that a step further by giving someone else authority in financial matters.
Close to half of seniors aged 65 or older oversee their own finances, which makes them vulnerable to thieves, according to the survey from AIG.

Photographer | Collection | Getty Images

“One of reasons seniors are so vulnerable is that they are incredibly private about their financial matters and reluctant to give their children any information,” VanderVeen said.

“If no one is looking at the finances, they may not realize they’ve been scammed for months.”

Set up separate accounts. “If Mom or Dad is willing, leave them with a certain amount of money in checking and then put the rest in a separate account that requires dual signatures,” VanderVeen advised.

“You want them to be able to pay bills and have fun, but you don’t want to have someone be able to completely wipe them out.”

You can also limit funds in accounts open to caregivers and set up alerts to warn of credit card charges and bank withdrawals.

One of reasons seniors are so vulnerable is that they are incredibly private about their financial matters and reluctant to give their children any information.

- Jennifer VanderVeen - president of the National Academy of Elder Law Attorneys

Look for red flags. Alarmingly, most types of financial abuse come from someone the person knows, not a stranger.

The sudden appearance of a family member who has been absent or multiple requests to change account ownership could be indications of attempted exploitation.

If there are signs of wrongdoing, call your bank immediately or contact Adult Protection Services and file a report with the local police department. There may even be a county prosecutor specifically assigned to handle cases of elder abuse.

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Elder financial abuse is a multibillion-dollar problem

Hidden camera records nursing home assistant abusing 93-year-old woman, daughter claims

Click to Watch Video

TOMBALL, Texas - The video is hard to watch and even tougher to listen to.

In it, Mary Teno says her 93-year-old mother Ethel was roughed up by a certified nursing assistant at the Grace Care Northpointe Center in Tomball, where she’s been staying for about a year.

"She just snatched her around and continued to hit her over and over again while my mom just screamed for help," Teno said.

Teno said after her mother complained of being hurt by some staff members, she decided to set up a hidden camera.

"It hurt me to see my mom being treated like that. And she could not defend herself,” Teno said.

Beyond what Teno said was verbal abuse, she also says there was physical abuse.

Teno said while the nursing assistant was wiping her mother, there was a shocking exchange caught on camera.

Although the nursing assistant may no longer be at the facility, Teno still worries how long this has happened to her mother and if it’ll happen to anyone else.

"She needs help. She’s very sick. No human being would treat a person in that manner," Teno said.

The law firm representing the nursing home released the following statement:
 
"Although we have not been provided the video at issue, we understand that the events depicted therein are inexcusable. We obviously do not condone such behavior and are taking every step necessary to ensure that nothing remotely similar happens again. Grace Care Center is committed to the welfare and safety of its residents and the involved nursing assistant has been permanently removed from the facility. We are working with the family, will continue our investigation, and are fully cooperating with the appropriate authorities."

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Hidden camera records nursing home assistant abusing 93-year-old woman, daughter claims

Legislation aims to prevent incapacitated people from being cut off from loved ones

A bill (S.B. 110) is working its way through the legislature that would help incapacitated adults whose caretakers are cutting them off from family and friends.

The bill would allow a court to appoint a guardian for the limited purpose of supervising the incapacitated individual's access to people they want to see or talk to.

The court would first need to determine that the incapacitated person wants contact with the person who has been barred - and that the contact is in the best interest of the incapacitated person.

According to the bill's sponsor, Sen. Peter Lucido (R-Shelby Twp.), the goal is to provide a legal avenue for allowing visitation and other communication when a caretaker says no.

"That's what courts are supposed to do: access to justice," said Lucido. "It is unjust to allow one party to seclude others from seeing their loved one."

"Especially in their golden years, why would you want to bar somebody from having that time with their loved one? That's what this is about," Lucido said. "Family members may not get along, but the person who had these children - or an uncle or aunt that misses their nephew or niece - should have the benefit of seeing that loved one."

Some say the bill does not go far enough to protect vulnerable adults from being isolated.

Sean Bennett, a disability rights advocate, submitted testimony to the House Judiciary Committee for its November 5th hearing, stating, "A better approach, and that required by Constitutional law, is to stipulate that a guardian may not restrict visitation or communication rights unless necessary to protect the person from harm or some other very good reason."

Alison Hirschel, managing attorney with the Michigan Elder Justice Initiative, in her testimony commended Lucido's efforts to address the "common scenario" of incapacitated adults being isolated from people important to their lives.

"Many of these situations arise as the result of long-standing family tensions and sometimes create heartbreaking situations in which concerned family members and vulnerable adults have no access to each other," wrote Hirschel.

But she urged some amendments to the bill such as clarifying that it applies to institutional settings as well as home settings and including language that "the limited guardian must promote access consistent with the incapacitated person's wishes and welfare."

Lucido said the bill has passed in the state Senate, was voted out of the House Judiciary Committee this week, and is headed for a vote in the House.

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Legislation aims to prevent incapacitated people from being cut off from loved ones

Elderly man scammed out of $130K in home repair scam

Seniors lose an estimated $2.9 billion every year from financial exploitation, according to the Senate Special Committee on Aging.

One North Dakota man is out a lot of money and his family wants to make sure it doesn’t happen to you.

“Back in 2012 a company came out to my house, contacted my uncle about doing work at his property,” said Danielle Levey.

That’s how the long list of charges began to add up.

Danielle Levey’s 86-year-old uncle, who asked not to be identified, got coaxed into fixing his roof, windows and adding siding on to his home.

“Family came out and saw the work that was done, saw that it was sub-par, and then when we heard the prices, we were all outraged,” said Danielle.

The sticker price was $82,000.

A family member contacted the company and told them to not contact their uncle ever again. The family would go out to check on the property periodically to make sure no one else showed up to try and scam him.

Five years later — it happened again.

“You can’t really see that they did anything but when you look at the invoice’s a lot of them were sealing the roof and installing lightning rods,” said Danielle.

Invoices of things that were never done and costing their uncle another $50,000, this time around.
She said it would still be going on if the bank hadn’t caught on.

“The bank noticed transactions of large sums coming out of his account. There were transactions in the spring and the fall. The bank called adult protective services,” she said.

Which brought them to the culprit.

Exploitation of a Vulnerable Adult and Construction Fraud are among the many charges Sean Gorman faces in McLean County, and this isn’t the first time his name has come up in construction fraud.

In 2015, Gorman was wanted for questioning in a similar incident. This time around, a warrant was issued for his arrest and earlier this week he turned himself in.

“It seems like its a couple of individuals, it’s not just this guy by himself. There’s different family members or other people that work alongside these people,” she said.

Gorman is out on bond and expected to be in court on Dec. 18. Until then Danielle wants others to be cautious.

“I just want people to know that if you see or hear of this company, or see these people around that they just need to be aware. And when it comes to an elderly person, then they aren’t going to call and see if they got a contractor’s license. They don’t know to do that,” said Danielle.

We reached out to Gorman’s attorney but did not hear back.

Danielle said she hopes her uncle can get some of his money back through restitution, but most importantly, they just want to move on.

McLean County Sheriff’s Department is also warning that there may still be others who are targeting people with the same scam.

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Elderly man scammed out of $130K in home repair scam

Tonight on Marti Oakley's TS Radio Network: "In the Mix" with Coz and Marti

7 CST:

Join us this evening as Coz & Marti discuss several issues that have popped up in the news recently.

Q: Are predatory guardians in reality, serial killers?
A: It would appear so! And they collect trophies from their victims! Just like all serial killers they like little mementos, personal to the victim, to keep as treasures to enable them to relive their crimes.

And what’s up with the Ottholes? Coz will be delivering all the news that is news on this band of merry thieves and liars.

Also, we have noted that many of these predators hide themselves behind some church. Perfect cover! How could we suspect them of anything so horrendous? After all, they are sitting right there in the front row of the church! This is a very common tactic for sociopaths and psychopaths. They hide behind churches and portray themselves as highly regarded members of the community. They secure connections to other high profile people in the community. How could you ever suspect them of anything?

More news from Alaska and Coz will be reporting on a huge case in Wisconsin that's about to go to trial.

So much to talk about! So little time!

LISTEN LIVE or listen to the archive later

Judge's family in turmoil after her Alzheimer's diagnosis

HOUSTON, Texas (KTRK) -- Should a Court of Appeals Justice remain on the job after an Alzheimer's diagnosis?

That is the question at the heart of a family saga involving the mayor of West University Place and his entire family.

When you walk into the stately First Court of Appeals courthouse in downtown Houston, Justice Laura Higley's smiling face is displayed along with the other justices.

At the city hall of West University Place, her husband Bob Higley's picture is also on display, as its current mayor.

However, it's the court filings in Harris County Probate Court 2 that paints the picture behind the smiling images.

"It's a sad, sad case on so many levels," said Sally McCandless, a West U resident for more than 43 years.

Like many, she was surprised to learn through news reports that Higley's sons have filed an application for permanent guardianship.

In these court filings, the adult sons contend that the judge has Alzheimer's.

In addition, "due to the recent (and rapid) progression of her Alzheimer's disease, Justice Higley's mental state has deteriorated to the point that she is no longer able to care for her own physical health or her own financial affairs ... Justice Higley is mentally 'in the moment' only, meaning that Justice Higley can carry on brief conversations and exchange simple pleasantries."

Click to Read Document

The sons also accuse their own father, Mayor Bob Higley, as having "acted as a malevolent enabler in that he has encouraged Justice Higley not to resign or retire from serving as Justice in the First Court of Appeals."

"He's the mayor of West University, but obviously the sons feel like he has not done what he's supposed to do," said McCandless. "She should not be in that position. She needs to have proper care, and it must be very difficult for those sons to say, 'We have to take action.'"

Neither the mayor nor the judge were available for comment at their West U home.

The chief justice for the First Court of Appeals, Sherry Radack, did not return ABC13's calls for comment, and neither did the sons.

When ABC13 inquired at the court about the cases Justice Higley was reviewing, we were told she has not been assigned any cases for November, and it's unknown if any additional cases will be assigned to her.

The State Commission on Judicial Conduct would not say whether any complaints have been filed against the judge, citing their rules for privacy.

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Judge's family in turmoil after her Alzheimer's diagnosis

Appeals court justice with Alzheimer’s disease resigns

Laura Higley

by Samantha Ketterer 

A justice on the state’s First Court of Appeals has resigned, days after reports that she was sitting on the bench while diagnosed with Alzheimer’s disease.

Justice Laura Carter Higley, who lives in West University and served on the Houston-based court, submitted her notice to Gov. Greg Abbott, the appeals court’s clerk confirmed Tuesday. In the letter, she did not offer a reason for stepping down from the bench, he said.

“Her service is appreciated by us and the state of Texas,” clerk Christopher Prine said.

The justice, a Republican, has held Place 5 on the court since 2002. She was re-elected in 2008 and 2014, with her term set to expire December 2020.

Higley has not responded to requests for comment.

The Houston Chronicle reported on Higley’s cognitive condition after her sons launched an effort to become her legal guardians. The justice, who is 72, had been continuing with her daily work routine contrary to her failing health, the sons said.

“Due to the recent (and rapid) progression of her Alzheimer’s disease, Justice Higley’s mental state has deteriorated to the point that she is no longer able to care for her own physical health or manage her own financial affairs,” sons Garrett C. Higley and Robert Carter Higley said in the filing for guardianship.

She had continued driving herself to work downtown, and had not resigned from her job despite “clear indicators and explicit warnings” that she was no longer capable of serving on the court, the brothers said.

Alzheimer’s disease is a progressively-natured form, meaning it can begin with mild memory loss and become increasingly severe, possibly causing the person to lose the ability to respond to their environment, according to the Centers for Disease Control and Prevention. It can affect the ability to complete daily activities, the agency said, and there is no known cure.

Higley became the subject of the guardianship case in mid-October, just a week after receiving an official diagnosis of Alzheimer’s disease, according to documents filed in Probate Court No. 2. Her wellness issues began more than a year earlier with a diagnosis of an unspecified mild neurocognitive disorder, which progressed to a mild neurocognitive disorder stemming from possible Alzheimer’s disease in March, records show.

The sons hope to pull decision-making regarding Higley’s care away from her husband and their father, West University Place Mayor Bob Higley.

They called their mother’s condition “in the moment” only, meaning she can’t engage in substantive conversations. She struggles to remember information relayed to her or people she spoke with just a day before, according to the court filing.

Higley can’t do her job or manage her personal and financial affairs without complete assistance and supervision, meaning she’s a legally “incapacitated” person, the sons said.

She has a long history in law, and was an attorney at Baker Botts, L.L.P. prior to being a judge. Before that, she was the mayor of West University Place.

Higley was one of nine justices on her court, which serves Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller and Washington counties. The judges mostly hear appeals on cases decided in lower district and county courts in their jurisdiction.

It’s unknown whether Justice Higley has been on the receiving end of any official complaints related to her work. Those would be brought to the State Commission on Judicial Conduct, the oversight group for judges, interim executive director Jacqueline Habersham has said.

The Houston Chronicle has requested comment from the governor’s office regarding Higley’s resignation.

Keri Blakinger contributed to this article.

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Appeals court justice with Alzheimer’s disease resigns