Monday, August 31, 2020

State Police charge man in elder exploitation case

The Rhode Island State Police announced that members of the Rhode Island State Police Financial Crimes Unit arrested Mark Harmon, age 62, of Pawtucket, on two counts of exploitation of an elder, three counts of unlawful appropriation, and one count of obtaining money under false pretenses over $1,500.

On May 2 of last year the Rhode Island State Police Financial Crimes Unit received a complaint from the Office of the Attorney General, Elder Abuse Unit regarding Harmon, who allegedly failed to fulfill his power of attorney fiduciary obligations for two elderly Woonsocket women. The victims were financially exploited, drained of their assets and left in significant debt. During his time as power of attorney, Harmon allegedly liquidated $391,727 of U.S. Savings Bonds, sold a victim’s house, liquidated an annuity and misappropriated funds, all while frequenting Twin River Casino with the money. During the investigation, two additional victims were identified, and similar activity was discovered. In total, the four elderly victims incurred a combined loss of more than $600,000.

Harmon was arraigned at Sixth District Court by Judge Isherwood and released on $10,000 personal recognizance. Isherwood also issued no contact orders for the victims. Harmon's next court appearance is scheduled at Providence Sixth District Court on Nov. 23.

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State Police charge man in elder exploitation case

Sunday, August 30, 2020

A man with autism lost his right to vote or buy a home. He’s fighting to reclaim them

By Carli Teproff

At 22 years-old, Tyler Borjas had a job, a bank account but he couldn’t legally vote, buy a house or even make travel plans. That’s because a Miami-Dade court deemed Borjas, who has autism, “incapacitated,” and placed him under guardianship.

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy

At 22, Tyler Borjas had a job, a bank account and got around using Uber and Metrorail.

But he couldn’t legally vote, buy a house or make travel plans. That’s because a Miami-Dade court deemed Borjas, who has autism, “incapacitated,” and placed him under guardianship.

”I want to make my own decisions,” Borjas, who is now 25, said. “I want my rights back.”

Guardianship essentially stripped Borjas of his rights, meaning he couldn’t legally make decisions for himself, said Viviana Bonilla López, an attorney working with Disability Rights Florida, an advocacy group.

Bonilla López has set out to change that for Borjas and other adults by promoting a mechanism known as Supported Decision Making instead of guardianship. If Borjas succeeds, it’s believed he’ll be only the second person in the state to reclaim his rights back in this manner.

Supported Decision Making allows adults with disabilities a “less restrictive alternative” while ensuring that they have oversight and help in making important decisions. Bonilla López filed a “suggestion of capacity,” (similar to a motion) in court on Thursday asking a judge to give Borjas his rights back and name his mother, Kelly Bain-Borjas, and two sisters, Hayley and Jade, as his supporters.

“Supported Decision Making better enables people with disabilities to protect themselves from abuse and neglect,” Bonilla López said. “Guardians and guardian advocates have sole control over the person in their care’s life with little oversight.”

So if Borjas wants to go on a trip or buy a car he would run the idea by his supporters and together they would make a decision. Borjas would be able to play a more active role in controlling his own life.

Tyler Borjas, 25, with his mother Kelly Bain-Borjas, center left, and sisters Hayley, far left, and Jade Borjas at home Aug. 22, 2020. Pedro Portal pportal@herald.com

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy

Tyler as a child


Borjas was a toddler when his mother started to notice her son wasn’t hitting certain milestones, including talking. Her brother told her not to worry, because boys tend to develop a little slower.

She ended up taking him to a neurologist and learned her son had autism.

She enrolled him in a Miami preschool that offered a program for children with autism. He was placed in an ESE class in elementary school and “he excelled,” his mom said.

Bain-Borjas said she didn’t want to hold her son back from doing anything he wanted to do. He wanted to learn martial arts. She obliged. He wanted to volunteer. So she signed him up. He wanted to work. She helped him get a job.

At 16, Borjas was already learning the importance of helping others and working. His first volunteer job was at a bird sanctuary. While in high school, Borjas was placed in a job-training program at the University of Central Florida, where he got experience by working at places including Publix and an assisted living facility.

“One thing about Tyler, is he is very self-motivated,” she said.

A life for himself


Borjas completed an internship at Nicklaus Children’s Hospital, and in 2016 he got a job at AmericanAirlines Arena working in the Papa John’s. He is currently not working because the pandemic has shut down major events.

Borjas does it all. He uses the dough machine, makes the pizza and delivers throughout the arena.

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy


Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy
He was living at home, but building the life he wanted.

How they fell under guardianship


When Borjas was 22, his mother filed a personal injury lawsuit on her son’s behalf. She said a lawyer told her the only option was guardianship.

She had heard about guardianship while her son was in school, but never went that route because she didn’t think her son needed it.

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy


Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy
Tyler Borjas, 25, is fighting to get his rights back after he was placed under guardianship by the courts. In this undated photo, Borjas makes pizzas at AmericanAirlines Arena.

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy
She said before she knew it, the judge deemed Tyler incapacitated.

“I was thrown off,” she said. “I didn’t want to take his rights away. I was very distraught.”

What led them to Supported Decision Making


Bonilla López is an Equal Justice Works Fellow working with Disability Rights Florida.

Her project, which is sponsored by the Florida Bar Foundation, is focused on expanding the use of Supported Decision Making.

She said she met Tyler and his mom at an event in October where she presented on the topic.

That’s when Bonilla López decided to take on Tyler’s cause.

“Tyler’s case is a perfect example that a guardianship should never have happened,” she said. “He was already independent and he was being found incapacitated.”

Tyler Borjas, 25, with his Chihuahua, Tito. Pedro Portal pportal@herald.com

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy
The first Florida case

 

Michael Lincoln-McCreight became the first person in Florida to terminate his guardianship in favor of Supported Decision Making.

In 2014, Lincoln-McCreight, who has a developmental disability and was in foster care, was deemed incapacitated after an advisor decided guardianship was the best route for him.

Now 25, he was around 20 at the time and participated in the Sheriff’s Explorers, volunteered at hospitals, went to church, and loved movies.

But that didn’t matter. In September 2014, the Circuit Court of St. Lucie County declared Michael incapacitated and he lost his rights.

“My dad always taught me to be independent,” he said. “I was shocked that it happened.”

Working with Disability Rights Florida, Lincoln-McCreight, who is a security guard, got his rights back in 2016.

He now works to help others like Tyler.

“People with disabilities can do anything if they set to their mind to it,” he said.


Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy

Michael Lincoln-McCreight Disability Rights Florida
On a mission



Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy
Bonilla López’s main goal is to spread the word that Supportive Decision Making should be used as an alternative to guardianship when it is appropriate.

“Guardianships are overused when really the person could be making their own decision with support,” she said. “A lot of times people confuse needing help with not being able to do something. But all of us need help, all of us need advice and people with disabilities are no different.

Bonilla López said they are also working on legislation that would require Supportive Decision Making to be considered before a disability guardianship is activated.

For Tyler, getting his rights back would mean he is in control.

For his mom: “I am just so happy that there is something in place that can help Tyler.”

Tyler Borjas, 25, with his mother, Kelly Bain-Borjas, and his Chihuahua ‘Tito’ at home Aug. 22, 2020. pportal@herald.com

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article244928607.html#storylink=cpy

Full Article & Source:
A man with autism lost his right to vote or buy a home. He’s fighting to reclaim them

Former caregiver charged with identity theft

By Mike LaBella

LONDONDERRY — A New Hampshire woman who worked as a caregiver has been charged with stealing the identities of four elderly people who were in her care.

New Hampshire Attorney General Gordon J. MacDonald said Christina Lariviere, (who also goes by the names Christina Soleil and Christina Melvin), 35, of Bow, was arrested Friday on eight class A felony counts of identity fraud.

The charges allege that between July 10 and Aug. 14, 2019, Lariviere obtained the personal identifying information of four elderly people —ages 100, 97, 92 and 87 — without authorization and with the intent to pose as these individuals. The personal identifying information included social security numbers, state driver’s and non-driver’s identification numbers, and birth dates, according to a press release from MacDonald.

An investigation revealed that Lariviere obtained the personal information while employed as a caregiver at a long-term care facility in Londonderry where the elderly people lived, MacDonald said.

The charges also allege that between July 31, and Dec. 13, 2019, Lariviere, acting with a purpose to defraud, posed as two of these elderly people in order to open credit and financial accounts in their names, according to MacDonald.

The state is seeking an extended-term of imprisonment on all of the charges, alleging that Lariviere, in committing the crimes, intended to take advantage of the elderly people's ages and disabilities that impaired their abilities to manage their own property and financial resources.

Lariviere is expected to be arraigned on the charges in Rockingham County Superior Court this week.
This case was investigated jointly by the Elder Abuse and Financial Exploitation Unit of the Attorney General’s Office and the Londonderry Police Department.

Lariviere was previously arrested on Jan. 30 of this year and charged in the Hillsborough County Superior Court-Southern District, with four class B felony counts of check forgery.

Those charges allege that while working as an in-home caregiver in Pelham in November 2019, Lariviere altered, without authority, personal checks belonging to residents of an elderly housing facility.

Lariviere has since been charged in Hillsborough County Superior Court-Southern District with additional counts of theft by unauthorized taking and attempted theft by unauthorized taking, MacDonald said.

Lariviere also has charges pending in Rockingham County Superior Court for attempted theft by unauthorized taking, theft by unauthorized taking and fraudulent use of a credit card.

Lariviere has also been charged with one class A felony count of identity fraud in the Hillsborough County Superior Court – Northern District.

The cases are being prosecuted by Assistant Attorney General Bryan J. Townsend, II, of the Elder Abuse and Financial Exploitation Unit.

If you or someone you know has been the victim of elder abuse or financial exploitation, please contact your local police department or the Department of Health and Human Services, Bureau of Elderly and Adult Services at 1-800-949-0470.

Full Article & Source:
Former caregiver charged with identity theft

CMS Implements Stricter COVID-19 Testing Requirements, Fines for Nursing Homes

By Alex Spanko

The federal government on Tuesday issued stricter requirements for COVID-19 testing in nursing homes, making routine staff testing a requirement for participation in Medicare and Medicaid and rolling out fines as high as $8,000 per instance of non-compliance.

The Centers for Medicare & Medicaid Services (CMS) established the new rules as part of a larger package of data reporting requirements for hospitals and laboratories.

“These new rules represent a dramatic acceleration of our efforts to track and control the spread of COVID-19,” CMS administrator Seema Verma said in a statement announcing the requirements. “Reporting of test results and other data are vitally important tools for controlling the spread of the virus and give providers on the front lines what they need to fight it.”

The exact frequency of the required employee testing will depend on the level of COVID-19 infections in a facility’s surrounding community, according to CMS.

“CMS recommendations for the frequency of staff testing will be based on the degree of community spread, to be announced shortly through guidance, that indicate the facility may be at increased risk for COVID-19 transmission,” the agency noted.

Nursing homes must now also provide tests to residents during all outbreaks, as well as when residents show any symptoms of the viral infection.

CMS has directed state surveyors to perform inspections ensuring that providers comply with the new regulations, with fines exceeding $400 per day or $8,000 per individual infraction.

Finally, all nursing facilities that receive a point-of-care testing unit from the Department of Health and Human Services (HHS) will be required to report diagnostic results as mandated under the CARES Act, CMS announced.

The rule, which will also apply to hospital labs and other sites that perform COVID-19 tests, will be enforced with fines of $1,000 per day for the initial infraction, with $500-per-day fines thereafter.

Nursing homes and other lab sites will be given a one-time grace period, lasting three weeks, to begin reporting the data.

“This requirement complements existing HHS guidance requiring laboratories to report test results and additional information, such as demographic data,” CMS noted. “This change allows CMS to take enforcement action against laboratories that fail to provide the required data, which is needed by federal, state, and local officials to conduct effective surveillance of the COVID-19 pandemic.”

CMS explicitly framed the rulemaking decision as a directive from President Trump.

“The provisions in today’s rule on nursing homes represent his expectation that CMS pull every available regulatory lever to maximize nursing home residents’ safety and quality of life,” Verma said in the statement. “These Americans and their families, who have already gone through so much, deserve nothing less.”

The move to beef up rules and enforcement around testing was largely expected in the wake of the HHS program, under which most of the nation’s 15,000 nursing facilities are slated to receive a point-of-care antigen testing unit by the end of September.

The antigen testing units are generally less sensitive than the gold-standard polymerase chain reaction (PCR) tests, with a higher chance of false negatives, though industry leaders and health care experts have largely welcomed the ability for quicker test results in a landscape marked by overwhelmed third-party labs and long turnaround times.

The federal government will provide an initial shipment of testing assays as part of those device deliveries, but facilities will be on their own to cover the costs of subsequent tests — as well as any follow-up PCR tests, which are typically recommended to confirm negative antigen results.

CMS pointed to the most recent round of $5 billion in federal CARES Act relief set aside for nursing homes — on top of billions in other aid available to post-acute and long-term care providers — as a key source of funding to cover testing expenses under the new rules.

The new requirements will take effect under an interim final rule with comment period, published in the Federal Register for inspection.

Previous federal testing requirements have largely taken the form of recommendations, such as specific benchmarks included in CMS’s guidelines for reopening nursing homes to visitors; CMS in July also announced its intention to require weekly staff testing in states with an overall infection rate of 5% or higher.

The American Health Care Association, which represents primarily for-profit nursing facilities, expressed general support for wider mandatory testing rules, while also raising concerns about how third-party testing delays could potentially result in fines.

“When CMS clarifies the frequency of testing required, it must factor in the delays that continue to be a reality,” AHCA president and CEO Mark Parkinson said in a statement. “Otherwise facilities could face fines for circumstances beyond their control and be conducting tests that are so delayed that they have little clinical value. CMS can solve these concerns by being reasonable in its implementation of the rule.”

LeadingAge, a trade organization of non-profit senior care and housing providers, called for more direct assistance on top of the requirements, noting that some providers have serious questions about the logistics of using the point-of-care machines.

“The fight against this virus is far from over, and our members need continued support,” CEO Katie Smith Sloan said in a statement. “The antigen testing machines HHS is delivering to nursing homes will help, but members who already have the machines report that they are still waiting for instructions and test kits to make them usable. What’s more, this HHS program addresses just one segment of the care continuum, and even nursing homes still face high costs for testing supplies and staff resources.”

Full Article & Source:
CMS Implements Stricter COVID-19 Testing Requirements, Fines for Nursing Homes

Saturday, August 29, 2020

Former ward of disgraced guardian Rebecca Fierle won his rights back. Then he died

Jack Meagher says his court-appointed guardian, Rebecca Fierle, doesn't respect his wishes, and he doesn't need someone to make decisions for him.
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By Monivette Cordeiro

James “Jack” Meagher Jr. was always a proud man, those who knew him said.

When a judge declared him incapacitated in 2018 and put him under the care of former Orlando guardian Rebecca Fierle, the Winter Springs man fought in court and in the press to prove he was capable of making decisions about his life. Meagher, who was disabled, traveled with his motorized wheelchair to get groceries, took photos of meals he cooked and dressed himself.

“[Fierle] is not looking out for my best interests,” a then 67-year-old Meagher told the Orlando Sentinel in 2019.

Rebecca Fierle
After a statewide scandal that led to Fierle’s resignation from hundreds of cases — and later arrest, on charges that she caused the death of another ward through abuse and neglect — Meagher and his attorney convinced a Seminole County circuit judge in April to restore his civil rights and discharge the guardian who replaced Fierle on his case.

It was a rare victory Meagher was only able to enjoy for four months — he died Aug. 13 of pancreatic cancer that had metastasized, his daughter Melanie Meagher said.

“He was reborn after guardianship,” said Sam Sugar, founder of the South Florida-based organization Americans Against Abusive Probate Guardianship, who knew Meagher from his work. “To have his new life cut short by a physical injustice, it’s really just tragic.”

The stories of Meagher and other Fierle clients and reporting by the Sentinel exposed widespread flaws in Florida’s guardianship system, prompting the Legislature to pass reforms aimed at reducing conflicts of interest and creating additional oversight for the court-appointed decision-makers, who assume full control over the lives of their wards.

Meagher, 68, was an Irish American who was born in New Jersey. He married Darcy Meagher in 1972 and had four children. They moved to Central Florida in 1979 and Meagher started A Budget Tree Service in 1981, a business which he eventually passed down to his son Dale Meagher, his daughter said.

“Dad worked from sunup till sundown,” said Melanie Meagher, 44. “He was always fixing something. ... People were inspired by that work ethic.”

After his wife’s death in 2014 from cancer, Meagher’s health declined and he needed care, his daughter said.

“It was difficult for Jack to lose function of his physical body,” she said. “He needed the assistance but he was a very proud man. Asking for help in his generation as a man was unheard of.”

Melanie Meagher said her family was desperate to get care for her father.

Her siblings sought a risk protection order against him — under a provision of Florida’s “red flag” law that allows a judge to prohibit someone considered a risk to themselves or others from possessing weapons — and later opted for guardianship, thinking that would provide him the best care possible, she said.

Circuit Judge Kenneth R. Lester appointed Fierle, a private guardian, to make medical, financial, housing, legal and personal decisions for him Nov. 5, 2018. Wards like Meagher can lose the right to marry, vote, travel or have a driver’s license. They also lose the right to decide where they live, how they spend their money and what doctor they go to.

Fierle came under fire after the death of an incapacitated client, 75-year-old Steven Stryker.

Stryker died at a Tampa hospital in May 2019 after medical staff were unable to attempt to save his life because Fierle had signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

Fierle also insisted Stryker’s feeding tube be capped, despite being warned that he could choke and die, according to the Florida Department of Law Enforcement. Days later, Stryker aspirated and died.

The disgraced guardian, who was arrested in February on charges of aggravated abuse and neglect of an elderly person, has denied wrongdoing and pleaded not guilty. Multiple investigations found Fierle routinely filed DNRs on her incapacitated clients and unearthed conflicts of interest in her handling of cases, including that AdventHealth Orlando paid her nearly $4 million over a decade to care for vulnerable patients — a financial arrangement not allowed without court approval.

“I don’t want to die,” Meagher told the Sentinel after the Stryker case came to light, when he was still legally under Fierle’s care.

Court records show Fierle said she had no DNR order in place for Meagher. He accused her of ignoring his wishes and ridiculing him.

“We trusted the state and the guardianship ... only to find out that was a very neglected department where they weren’t doing things correctly,” Melanie Meagher said.

After Fierle’s resignation, Nicola Fitchner was appointed Meagher’s guardian. Meagher hired attorney David Yergey III to get him out of the guardianship and restore his rights, Yergey said.

Through her attorney David Brennan, Fitchner asked a judge for the authority to sue Dale Meagher and the tree-trimming business Jack Meagher had handed down to him for using his father’s properties. Brennan said Fitchner didn’t endorse Meagher’s efforts to restore his capacity.

“This latest attempt to obtain the ward’s restoration to capacity is a strategy to preempt the guardian’s ability to recover assets and income for Mr. Meagher,” Brennan wrote in a court filing.

Lester restored Meagher’s rights April 8.

“He was very excited and wanted to know when he could get his driver’s license back,” Yergey said. “I remember he wanted to go out and do stuff but he couldn’t because of the whole [COVID-19] situation. ... It was my accomplishment of the year. I used my law license for something that carried a greater purpose.”

Meagher’s family and Fitchner are still fighting in court over fees and expenses the guardian and her attorney are trying to collect from his estate — $19,231 for Brennan’s law firm and nearly $4,365 for Fitchner for work they did from Aug. 1, 2019 to May 11.

Dale Meagher’s attorney, Lisa McCrystal, said her client has been wrongfully accused by the guardian of exploitation when in fact he had been helping with the costs of his father’s care. McCrystal said she’s objecting to fees she considers “unnecessary work.”

“Everything in guardianship is supposed to be for the best interests of the ward,” she said. “... We felt the guardian was [taking legal action] because they wanted to inflate the amount of the ward’s estate. In guardianship and probate proceedings, the amount of fees is directly tied to the estate.”

Brennan called McCrystal’s statement a “malicious accusation of dishonesty.”

“It is patently defamatory,” he said. “The ’unnecessary work’ she claims is the time spent trying to get her client, the loving son, to pay a reasonable amount for use of this property.”

Melanie Meagher said her parents passed along their business to her brother years ago and called the guardian’s involvement an “abuse of authority.” The last thing Jack Meagher said to his children was “I love you” before dying peacefully at hospice care, she said.

“My father was this big, burly tough guy with squishy insides,” she said. “He had a big heart. He was proud of his life, proud of the children he raised. My mom was his best friend and his rock. I’m glad they’re together again.”

Full Article & Source:
Former ward of disgraced guardian Rebecca Fierle won his rights back. Then he died

See Also:
Jack Meagher

RI State Police Charge Pawtucket Man in Elder Exploitation Investigation

The Rhode Island State Police announced on Wednesday that members of the Rhode Island State Police Financial Crimes Unit arrested Mark W. Harmon, age 62, of Pawtucket on two counts of Exploitation of an Elder; three counts of Unlawful Appropriation; and one count of Obtaining Money Under False Pretenses over $1500.

Allegedly, he took over $600,000 from his victims while regularly frequenting Twin River.

According to the State Police, on May 2, 2019, the Rhode Island State Police Financial Crimes Unit received a complaint from the Office of the Attorney General, Elder Abuse Unit regarding Harmon, who allegedly failed to fulfill his power of attorney fiduciary obligations for two elderly Woonsocket women.

The State Police claim, "the victims were financially exploited, drained of their assets and left in significant debt."

According to the State Police, during his time as power of attorney, Harmon allegedly liquidated $391,727.20 worth of US Savings Bonds, sold a victim’s house, liquidated an annuity and misappropriated funds, while frequenting Twin River Casino with the money. During the investigation, two additional victims were identified, and similar activity was discovered. In total, the four elderly victims incurred a combined loss of over $600,000.

A 2016 study found Rhode Island ranks as one of the worst states in the country when it comes to elder abuse protection.

According to a study done by WalletHub, RI ranked 48th out of 51, the study included the District of Columbia.

“Abuse happens every day and takes many forms. Anyone can become a victim of abuse, but vulnerable older Americans — especially those who are women, have disabilities and rely on others for care or another type of assistance — are among the easiest targets for such misconduct. By one estimate, elder abuse affects as many as 5 million people per year, and 96 percent of all cases go unreported,” said WalletHub.

Harmon was arraigned at 6th District Court by Judge Stephen Isherwood and released on $10,000 Personal Recognizance. Judge Isherwood also issued No Contact Orders for the victims. Harmon's next court appearance is scheduled at Providence Sixth District Court on November 23, 2020.

Under Rhode Island General Law 11-68-2 (a) (3), a person found guilty of Elder Exploitation may be imprisoned up to fifteen (15) years and fined up to ten thousand dollars ($10,000), or both.

Under Rhode Island General Law 11-41-11.1, a person found guilty of Unlawful Appropriation may be imprisoned up to twenty (20) years and fined up to fifty thousand dollars ($50,000), or both.

Under Rhode Island General Law 11-41-4, a person found guilty of Obtaining Money Under False Pretenses may be imprisoned up to ten (10) years and fined up to five thousand dollars ($5,000), or both.

Full Article & Source:
RI State Police Charge Pawtucket Man in Elder Exploitation Investigation

When Alzheimer's Disease came for my husband, I was left like a widow who cannot mourn

By Muriel Porter

At first my husband's Alzheimer's diagnosis just meant taking practical steps.(Illustration: Emma Machan (ABC))
I thought I knew how to grieve, how to say goodbye and move on. Until Alzheimer's Disease caught up with my husband.

Grief marked my life first at the age of five, when a beloved uncle died. But it was my mother's death when I was 13 that broke my heart. Then my father died just weeks before my wedding. I posted out "return thanks" cards for him in the same post I sent out my wedding invitations.

So I have always been confident that I knew how to manage grief and loss. Until now.

At first my husband's Alzheimer's diagnosis six years ago when he was 75, 41 years into our marriage, just meant taking practical steps.

A visit to the lawyer to ensure wills were up to date and get enduring powers of attorney drawn up. Organise guardianship documentation, advanced care directives. Ensure my name was on all the utility accounts. Buy some books to understand this insidious disease. Watch for changes in his health and behaviour.

And hope for the best.

I was watchful, careful, and often anxious. In the main, however, life continued on as normal. We travelled overseas, enjoyed local holidays, entertained friends and were entertained, went to restaurants, to films, and to church, went for long walks as we always had, and continued hosting the family Christmas.

But relentlessly, the disease took its toll. Anything that required sustained intellectual concentration became much harder for Brian. It was the first casualty.

Anything that required sustained intellectual concentration was the first casualty.(Illustration by Emma Machan (ABC))
Patterns of a lifetime started to vanish

Called on to preside at the Eucharist in the sudden absence of our vicar — Brian is an Anglican priest — became very tricky for him, though he was not actually aware of it.

He consecrated the bread and wine twice and mixed up the order of the liturgy. This from a man who had presided at the altar regularly for more than 40 years, sometimes multiple times a week in his main life's work as a school chaplain.

The words remained firmly fixed in his mind, the pattern had left him.

I swiftly stepped in on future occasions, producing a neat little word-for-word service booklet and standing beside him at the altar to guide him through. That continued to work well for quite a while, and most parishioners were quite unaware there was even a problem.

Presiding at weddings was not quite so simple. At weddings missteps cannot really be tolerated, and the priest's wife can't easily oversee the proceeding in the same way. So wedding requests had to be gently discouraged. So too did funeral ministry.

A straightforward funeral for an elderly friend not long after his diagnosis nearly turned into a disaster when he lost the service booklets and became alarmingly confused.

Day-to-day routines at home thankfully remained manageable for quite some time, though increasingly anything out of routine became problematic. Entertaining family or friends gradually had to be abandoned, as Brian became easily stressed by change.

Our walks got shorter and shorter and became a real concern. What if he could no longer make it around the block? Who would I call on to help get him home? Neighbours? Ambulance?

And falls increased, sometimes out of the blue. He seemed to just sink down to the ground. No broken bones or injuries resulted, but the falls distressed him. We ended up driving even very short distances.

I lost a partner and a confidante

Brian's growing incapacity resulted in boredom and frustration for him.

Over his lifetime he had regularly devoured several books a week, but now he became increasingly unable to read anything at depth. Books piled up unread, as did longer newspaper articles. Television programs he had once enjoyed, no longer entertained him. Even long-favourite foods no longer pleased.

My role as carer became more demanding.

I had immediately taken over all the financial management as soon as his diagnosis was made, and increasingly all aspects of household management as well. I had been used to a husband who happily shopped, occasionally cooked, and mostly did the washing up. That had all ended but none of that really concerned me.

I was aware of an enduring sadness at all he was losing, and all I was losing.(Illustration: Emma Machan (ABC))
Much worse was my increasing anxiety, never more so than when I was away from home.

My mobile phone always remained close in case he needed me, or in case the personal alarm I had arranged for him to wear messaged a fall. He remained steadfastly resistant to the idea of occasional carers coming in to give me an anxiety-free outing.

And because of his decreasing powers of judgement, I could no longer confide in him. I had always shared with him issues arising from my own close involvement in church life.

He had always offered wise advice, a sympathetic ear and unquestioning support. That was no longer possible — he could no longer fully understand what I was sharing, and I was fearful he might inappropriately speak to others of confidential matters.

I was disappointed to discover that, apart from the loving support of my daughter and dear friends, there was no significant external support.

Medical help was resolutely in silos — the psychiatrist, the geriatrician, the GP, were all good but were quite independent of each other. There was no overall medical management. And as for trying to access the Federal Government's much-vaunted home help when the situation was deteriorating — that was laughable.

With the rate of Alzheimer's increasing markedly in our society, it is surely time for each diagnosed case to be allocated a social worker or nurse to assist the primary carer navigate the complex systems to get the best outcome all round. It was such a difficult and lonely road.

With my caring role all consuming, there was little time for reflection at any depth. In the background, I was aware though of an enduring sadness — sadness at all he was losing, and all I was losing.

Rapid change as the pandemic bore down

A sudden acute medical episode that pushed the Alzheimer's into a rapid descent brought a huge change. Brian had to be admitted to residential aged care.

Initially there was no time to reflect on what this all meant. The first weeks of his move were overwhelming, as I grappled with the enormous task of not only trying to settle him in his new environment, but also to complete the necessary paperwork and handle the complex financial issues. I was appalled at what was required, and worried sick by the costs involved.

We had thought we were well set up for retirement; we used to delight in the amount of discretionary money we now had at our disposal — something we had never before experienced.

Now, the costs involved in high-quality aged care made a mockery of that. How was I to cope? Would I need to sell our loved family home and downsize? With all these decisions, I was run ragged.

I had no time to reflect on what was happening, and besides, it all happened during the first COVID-19 lockdown. I did not have ready access, except by phone, to financial advisors, or even my friends and colleagues.

I could not even physically go to church, let alone slip into a church building for quiet meditation.

Living without closure

My daughter is my salvation. Though so busy with her own professional life and young family, her support is steadfast, from home-cooked meals to helping manage the nursing home move and the continuing care of Brian once there. Hers is the shoulder I cry on as the continuing management of Brian's complex needs, even in residential care, frequently overwhelms me.

I am now fully aware I am alone after 47 years of married life. The cumulative grief of the past six years has now hit me powerfully. I find myself crying and crying and crying, particularly as I leave the sad nursing home visits, as I walk the paths and visit the places we have always shared.

I am experiencing full-blown grief, the grief of widowhood, yet I am not a widow.

My husband, the man I had married, the man who has shared my life for more than four decades, with whom I have children and grandchildren, has effectively gone.

Yet I have not been able to say goodbye or be comforted by the religious rituals and societal customs that give us closure. How I have always hated that over-used word, but now I can see its power. I have no closure, and without closure, no way of moving on.

I grieve like a widow

Brian is still part of my life. In Melbourne's stage 4 lockdown, I can visit him only infrequently, and then only because I have wrangled a "compassionate exemption" to their strict no-visitors rule. I am glad I am able to do so, but he is now, in many ways, someone else.

Our relationship is so utterly different. I care for him like a dependent child.

How on earth am I to live with this never-ending grief, this living death, in a future that now stretches before me as a grey muddle?

And my deep sadness is not just for myself, but for him.

His life is now so reduced, in so many ways. Reduced to the confines of an aged care room, with his daily needs managed by strangers. Where the prospect of fish and chips for Friday lunch, a short walk in the facility courtyard, and attending some of the centre's activities are the highlights of his week, surpassed only by occasional phone calls and longed-for visits.

Each time I leave him in anguish at the diminishment he has suffered and agonise afresh at what more I should or could do for him.

In short, I am a wife and partner still, but not as I have known it or could possibly want it. I live like a widow, I grieve like a widow, but cannot mourn.

Blessed are those who mourn, for they shall be comforted, as the Bible says in St Matthew's Gospel. But where is the comfort for those who grieve but cannot mourn?

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When Alzheimer's Disease came for my husband, I was left like a widow who cannot mourn

Friday, August 28, 2020

Pols push for independent probe of COVID-19 deaths in New York nursing homes

NYC EMTs move a patient from a Brooklyn nursing home into an ambulance in April. REUTERS/Lucas Jackson
By Bernadette Hogan and Natalie Musumeci

Albany lawmakers are pushing for an independent, bi-partisan commission that would investigate the COVID-19 deaths of at least 6,447 New Yorkers in state-regulated nursing homes and what role Gov. Andrew Cuomo’s mandate that virus-ridden patients be taken into the facilities may have played.

The legislation, if passed, would establish a five-member commission to conduct an investigation with subpoena power and perform a top-to-bottom review of what happened in the state’s 613 nursing home facilities during the coronavirus pandemic.

The commission — which would purposely not include a Cuomo appointee — would probe the measures taken by nursing homes to ensure the safety of their residents during the crisis, the coronavirus-related death rates of residents in the facilities, and the effectiveness of state and federal laws, as well as “executive orders, rules, regulations and recommendations governing the response of nursing homes to COVID-19,” the bill says.

“We need closure — we need closure for the people who lost those family members, and they deserve the answers because there’s several disconnects that took place here,” state Sen. Jim Tedisco (R-Glenville), the chief sponsor of the bill, said at the state capitol in Albany Wednesday.

Tedisco pointed to Cuomo’s Health Department’s controversial March 25 mandate barring the facilities from turning away coronavirus-positive patients — and how a recent DOH report “absolved” the three-term Democratic governor when it claimed that the policy was not responsible for spreading infection and death among frail residents.

A patient is loaded into an ambulance outside Cobble Hill Health Center in Brooklyn at the height of the city’s COVID-19 pandemic.AP Photo/John Minchillo
The state order, which Cuomo has vehemently defended, has been blamed for fueling the nursing home death toll. The Cuomo administration in early May also stopped counting the deaths of nursing home residents who died of COVID-19 in hospitals as nursing home deaths, raising more questions about the official death tally.

“They stopped counting individuals who left nursing homes, went to hospitals and died there. They don’t know when the peak was,” Tedisco said, explaining. “We don’t know how many left after the 25th [of March] to a hospital and died in a hospital.”

State Sen. Joe Griffo (R-Utica), another backer of the bill added, “The state can investigate bars and restaurants under this COVID-19 — how can we not investigate some of the nursing home conditions and the concerns that have been expressed by residents and families?”

Assemblyman Ron Kim (D-Queens), who lost an uncle in a New York nursing home to COVID-19, expressed his support for the bill as he ripped for Cuomo for penning an upcoming book on how the governor led New York through the coronavirus pandemic.

“In general,” Kim said, whenever Cuomo’s Health Commissioner Howard Zucker “was confronted with a tough question, he responded by saying, ‘We’re still in the middle of a pandemic, we’re still dealing with this,’ and yet the governor is writing a book and taking multiple victory laps around this issue.”

Kim, a co-sponsor of the bill, continued, “So there’s a clear disconnect, and I think they’re making excuses that we’re still in a challenging time when they don’t wanna’ answer questions and they don’t want to investigate.”

Assemblyman Ron Kim
Bernadette Hogan/NYPost
Rich Azzopardi, a Cuomo spokesman, argued that the two legislative hearings specific to long term care held several weeks ago were sufficient.

“Though it’s surreal to see Ron Kim repeat Trump’s discredited talking points, last time I checked the legislature was already looking at nursing homes, so what are we even talking about?” he bit back.

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Pols push for independent probe of COVID-19 deaths in New York nursing homes

Disbarred Attorney Sentenced to House Arrest for Embezzlement

Defense attorney James Mason (left) stands with his client, disbarred attorney Jonathan Hull, of Newcastle, during Hull’s sentencing for his embezzlement of funds from two nonprofits, at the Lincoln County Courthouse in Wiscasset on Tuesday, Aug. 25. (Evan Houk photo)
by Evan Houk

Jonathan C. Hull, a disbarred local attorney, pleaded guilty to three crimes related to embezzlement from two nonprofits he served as treasurer at the Lincoln County Courthouse on Tuesday, Aug. 25.

Superior Court Justice Bruce C. Mallonee imposed a fully suspended four-year sentence with two years of probation. Hull will spend the first six months under house arrest.

Hull must also undergo psychological evaluation and treatment during his probation.

Hull, 74, admitted to two felonies and one misdemeanor: two counts of class C theft by unauthorized taking and one count of class D misuse of property. The counts are in relation to embezzlement from the Cheseborough Program and Seven Trees Inc.

The misdemeanor count was unconditionally discharged, meaning there was no sentence for the crime.

The Cheseborough Program facilitates student exchanges between Bath, Maine and Tsugaru, Japan.

Seven Trees Inc. was co-founded by Hull and was the owner and steward of two homes for troubled youth, the Weymouth House in Bristol and the Curtis House in Jefferson, from the late 1970s until the homes closed in 2008 and 2010, respectively.

Hull lives in Newcastle and had practiced law in Damariscotta until an August 2018 suspension that resulted from the charges.

Assistant District Attorney Michael Dumas presented the state’s case against Hull and argued for a four-year sentence with all but nine months suspended, saying Hull’s conduct was “deeply troubling.”

“Professionally, yes, Mr. Hull has paid a price. But that does not erase the harm he has inflicted,” Dumas said.

“The courts have not shied away from imposing periods of imprisonment on other members of the bar who exercise unauthorized control over funds. Nor should this court shy away from doing so today,” Dumas argued.

Dumas detailed the charges, saying Hull embezzled $24,250 from the Cheseborough Program and over $47,000 from Seven Trees Inc. between June 2014 and May 2018.

He acknowledged that Hull incrementally paid back the money and eventually made good on all the funds he took from both nonprofits. He also acknowledged that Hull does not have a criminal record.

Mallonee said each class C felony could carry with it a sentence of up to five years of imprisonment and a $5,000 fine.

After a handful of emotionally charged appeals on Hull’s behalf and an argument from Hull’s Brunswick-based attorney, James Mason, in the courtroom on Tuesday, Mallonee decided against jail time.

Mallonee said the COVID-19 pandemic factored into his sentencing decision, as there is not a death sentence for embezzlement.

“If there were no COVID pandemic, then I think that I would not feel that I had a choice but to impose a jail sentence,” he said.

According to Hull’s disbarment decision from the Maine Supreme Judicial Court in June, he was diagnosed in 2018 with post-traumatic stress disorder connected to his military service during the Vietnam War and has been under medical care for diabetes, high blood pressure, and a sleep disorder.

Hull spoke during the hearing and cited his mental health issues as factors in his unlawful behavior.

Mallonee said Hull’s conduct represented a pattern of behavior, not just a one-off incident, and is a blemish on the reputation of the legal profession.

“Is this a lawyer with a sudden emergency need who met an opportunity and yielded to an uncharacteristic temptation? And that was what I hoped I would see. But it is what I fear I did not see,” Mallonee said.

Mallonee also cited a pending civil case that factored into the Supreme Judicial Court’s June disbarment decision.

Hull is cited in the decision for misconduct involving two former clients, Martha L. Hills, of Swoope, Va., and the estate of Wayne Plummer.

According to a complaint filed with the Maine Board of Overseers of the Bar, in February 2018, Hull improperly charged Hills’ credit card in the amount of $3,480.88, but reversed the charge later that day when contacted by Hills.

The disbarment decision also details how, from 2009-2010, Hull withdrew approximately $47,300 in funds from the estate of Wayne Plummer without explanation. Hull started to repay the estate in 2010, but there is still an outstanding balance.

Mallonee said he was grateful for 17 letters and additional statements from family and colleagues in support of Hull’s character.

Rob Gregory, a Damariscotta attorney who serves as clerk and registered agent with Seven Trees, attended by videoconference and spoke highly of Hull’s character, saying he has known him for 40 years.

Gregory argued against jail time and said Hull showed “only remorse and a desire to provide quick restitution and acknowledge his wrongdoing.”

Rem Briggs, a Newcastle resident and current member of the Seven Trees board who served with Hull beginning in 2007, spoke to Hull’s volunteer and charitable work as co-founder of the organization.

“When I think of Jonathan Hull, the first thing to come to mind are not his mistakes; he is aware of them and made good. What comes to mind first and foremost are the hundreds of troubled youth that Jonathan’s efforts put on the path of recovery and promise,” Briggs said.

Hull’s son spoke by videoconference and Hull’s estranged wife, Gretchen Hull, gave tearful testimony in person, arguing against a jail sentence.

Full Article & Source:
Disbarred Attorney Sentenced to House Arrest for Embezzlement