CDC updates guidance on long-term care visits, but families say it is not enough

by  Harry Croton

SPRINGFIELD (WEEK) --- Friday, more than 20 members of the group Caregivers for Compromise took to the state capital to push for easier access to visit loved ones in care facilities.

Two key federal agencies, including the CDC, released guidance this week that loosens restrictions for visits. But many still aren't satisfied.

"(Facilities) are going to say they aren't ready until IDPH tells them they can use that," Caregivers for Compromise spokesperson Carrie Leljedal said. "They also risk that if they put it in place today and IDPH walks in tomorrow, IDPH can technically tag them. Because (the department) hasn't signed off on it yet."

The CDC is allowing more intimate visits at long term care facilities. Vaccinated residents can meet even with people who haven't gotten a shot yet.

Ann Cheverton, Senior Vice President of resident services for Bickford Senior Living, says guidelines and safety precautions are still in place, but the new CDC information is a big step in the right direction.

"The new guidelines give us a little bit of a wiggle room to allow for that hug to occur," Cheverton said. "They can wear a mask but they can have some close contact for a short period of time. But again, trying to limit that exposure if possible."

Cheverton says the focus right now is on new COVID variants that could increase risk of illness in these facilities.

But she says a return to complete normalcy may be closer than some think.

"I think it's going to be towards the end of the year - maybe fall into early winter," Cheverton said. "The reason why maybe not a bit sooner, is just where the play is going with these variants."

For now, care facilities will continue to keep an eye on updates from local and federal health departments.

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CDC updates guidance on long-term care visits, but families say it is not enough 

State fines ex-stock broker, firm $220K for exploiting five Bend-area seniors

SALEM, Ore. (KTVZ) – The Oregon Division of Financial Regulation issued $220,000 in civil penalties, and Raymond James Financial Services, Inc. agreed to pay $123,279 in restitution to the victims of a former Bend stock broker's excessive trading practices.

Gary Dodds, a stock broker for Raymond James Financial Services, conducted churning, a method of excessive trading to receive additional commissions, on several of his clients’ accounts from 2016 to 2018, the agency said. 

The division’s investigation revealed Dodds made unsuitable recommendations and sales of securities for his clients and failed to maintain proper documentation of his trading activities. The division also said it learned that Raymond James Financial Services was aware of his actions, but did not take adequate corrective steps.

Under Oregon law, securities professionals can be held liable for financial exploitation of vulnerable people and investment firms are expected to supervise their representatives to prevent churning and similar violations.

The division issued a cease-and-desist order and assessed civil penalties of $100,000 against Dodds. As part of the order, Dodds agreed to not apply for any financial services license or registration in Oregon for five years. 

A civil penalty of $120,000 was also assessed against Raymond James Financial Services, and the company agreed to provide restitution to five Bend-area seniors totaling $123,379.

“Securities and financial professionals first concern should be the customer, not the commission,” said Division of Financial Regulation Administrator TK Keen. “Investment firms also have a duty to supervise advisors in a way that prevents churning, excessive trading and other violations of Oregon law.”

The division has three tips to help Oregonians avoid these types of fraudulent activities:

• Be aware of all activities in your accounts, especially when trades made on your behalf provide commissions.
• Find out if your securities professional is a fiduciary. A fiduciary must act in your best interest at all times. Visit the division’s choosing a financial professional website to learn more and to check a license.
• Ask questions. It is important to learn about all commissions, fees, and costs associated with buying, selling, and servicing your investment accounts.

To learn more about financial services, investments, and protecting yourself from fraud, visit the division’s financial services for consumers page.

The outcome of this investigation is an example of what can happen when people report possible financial exploitation of a senior. Oregon Adult Protective Services reported the incident, which prompted the division’s investigation. The division encourages everyone to report potential financial exploitation of vulnerable people by visiting its protect yourself and others from fraud website.

If you need to report financial exploitation or file a complaint on a financial services company or professional, call the division’s advocacy team at 888-877-4894 (toll-free) or email dfr.financialserviceshelp@oregon.gov.  

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State fines ex-stock broker, firm $220K for exploiting five Bend-area seniors

Republicans Matt Gaetz and Jim Jordan try to free Britney Spears

By Kris Van Cleave, Rebecca Kaplan and Gisela Perez

Pop star Britney Spears and her efforts to be free of her father's control of a court-ordered conservatorship of her finances have landed an unlikely supporter in Congress: conservative Congressman Matt Gaetz, Republican of Florida, who is wondering if Spears is being "overprotected" and whether authority over her finances should be returned to her. Spears would like her father to be replaced as permanent conservator by an adviser who is a fiduciary, specifically, by Jodi Montgomery, who has been installed on a temporary basis.

In a toxic legal battle, Spears' case to wrest control of her finances from her father has sparked the viral hashtag #freebritney and was the subject of a recent documentary. Now, Gaetz and House Judiciary Ranking Member Jim Jordan, Republican of Ohio, are calling for a hearing on the conservatorship process. 

"The most striking example is perhaps the case of multi-platinum performing artist Britney Spears," Gaetz and Jordan wrote in a letter this week to House Judiciary Chairman Jerry Nadler, Democrat of New York. "Since 2008, Ms. Spears has been under a court-ordered conservatorship. The facts and circumstances giving rise to this arrangement remain in dispute but involve questionable motives and legal tactics by her father and now-conservator, Jamie Spears."

The Judiciary Committee has yet to commit to or decline the hearing request but Nadler isn't exactly saying, "gimme more" on the subject. "The Chairman has received the request," a committee spokesperson told CBS News. "This Congress, the Committee will work to advance critical legislation to protect and strengthen civil rights and civil liberties for all Americans."

Spears landed in conservatorship in 2008 after a period when she struggled with mental health issues after her marriage ended in 2007. Her father argues the court put conservatorship in place because people were taking advantage of his daughter while her life and health were at risk.  

"From the beginning, the court has closely monitored Britney's situation, including through annual accountings and in-depth reviews and recommendations from a highly experienced and dedicated court investigator who annually meets at length with Britney and all involved in her conservatorship," Vivian Thoreen, an attorney for Mr. Spears told CBS News.  "Any time Britney wants to end her conservatorship, she can ask her lawyer to file a petition to terminate it; she has always had this right but in 13 years has never exercised it. Britney knows that her Daddy loves her, and that he will be there for her whenever and if she needs him, just as he always has been — conservatorship or not."  

Gaetz and Jordan want Congress to probe the process of conservatorships over concerns about their use to deprive Americans of personal freedoms by others through the courts, according to their letter. They cite a 2010 GAO report that identified examples of guardians improperly obtaining millions of dollars as well as "hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010."

Britney Spears has not responded to a request for comment. Her next court date is set for March 17. 

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Republicans Matt Gaetz and Jim Jordan try to free Britney Spears

About 40% of Frederick DSS staff opt to get COVID-19 vaccine

WINCHESTER — About 40% of the roughly 80 employees in the Frederick County Department of Social Services have received the COVID-19 vaccine, despite it being offered to all of them.

Those who didn’t get vaccinated weren’t asked why, though some expressed concern about the safety of the vaccine while others cited pre-existing medical conditions, DSS Director Tamara Green said following Tuesday’s Frederick County Social Services Board meeting.

Green told the board that the department continues to make safety a priority.

Some employees have been teleworking as many as four days a week as a precaution during the ongoing pandemic, she said. But the department hopes to soon return to a full A/B schedule, where half of the staff works in the office one day and the other half another day. This could happen if public schools expand in-person learning or at the start of the summer. She said staff are being encouraged to start thinking about child care arrangements now, as day care centers have limited slots available.

“One of our concerns for staff that we continue to discuss is there’s going to be limited child care,” Green said. “... It is a concern, we continue to try to be flexible and adaptable. Telework has been working so far and when issues do arise we address them, but so far we have been able to meet all of our mandates, and we’ve been successful with keeping people out of the office. So when you walk through you’ll notice there’s about anywhere from 40% to 50% of the staff here. We are just waiting to get back to normal. I think we all have a bit of Zoom and WebEx fatigue.”

Also at the meeting, Susan Hockensmith, the department’s supervisor for Adult Protective Services, said in normal years there’s usually an increase around January in the number of adults referred for protective services.

“This year with COVID, we didn’t really have the January slam, as we call it,” Hockensmith said. “We’ve just been busy all along.”

The county’s APS investigates reports of abuse, neglect and exploitation of adults age 60 and over and incapacitated adults over age 18, then provides services if deemed necessary. According to the county website, the goal of APS is to protect a vulnerable adult’s life, health and property without a loss of liberty.

There were 47 APS reports in November, 30 in December, 38 in January and 36 in February.

Hockensmith said self-neglect continues to be the biggest problem among adults the department is helping, while there has been a “significant dip” in financial exploitation cases.

“With COVID, the last four months or so, we’ve seen a real dip in the referrals coming in for financial exploitation, which is concerning because we know it hasn’t stopped,” she said.

As a result of the pandemic, she said it continues to be difficult to secure Medicaid waiver providers to provide in-home care to elderly/disabled adults who are Medicaid eligible. Most providers have waiting lists. She said the department is seeing delays of weeks and months to get providers into homes, which means those adults are at a higher risk of abuse and neglect for longer periods of time.

The lack of available home care has led to hospitalizations and resulted in some clients entering nursing facilities for long-term care sooner than they may have under normal conditions. She added that nursing facility placements continue to be difficult to secure during the pandemic.

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About 40% of Frederick DSS staff opt to get COVID-19 vaccine

Daughter steals $750K from mom in nursing home to buy farm, AG says

Lisa Braniff, 59, of Mount Vernon, began using her mother's money for her own self purpose around 2015, the AG said. (Source: WXIX)

By Jared Goffinet

MOUNT VERNON, Ohio (FOX19) - A daughter is now facing charges for taking around $750,000 of her mother’s money to furnish her own lifestyle instead of paying her mom’s medical and nursing home bills.

Lisa Braniff, 59, of Mount Vernon, along with her husband, stole hundreds of thousands of dollars from her mom over the course of several years, according to Ohio Attorney General Dave Yost.

Braniff had power of attorney for her mother in 2015. It didn’t take long after that for her to begin liquidating her mother’s assets, Yost said.

Braniff’s mother, the woman she was stealing money from, suffered from severe dementia, the AG said.

Instead of using the money to pay for her mother’s health care at the nursing home, Braniff used the money for herself, the AG said. To this day, Yost says the nursing home is owed for years of care service.

Braniff even bought a farm on Daniels Road in Mount Vernon with the money, Yost said.

“Stealing from your own mom when she’s in a nursing home — what a wretched abuse of trust,” Yost said. “A power of attorney is not a license for theft.”

In 2018 the money ran out, and Braniff was removed as her mother’s caretaker, according to the AG.

The investigation began when Susan Wasserman was appointed guardian of Braniff’s mother and contacted authorities about the situation, Yost said.

The 59-year-old Braniff was indicted this week for theft and forgery charges, according to Yost. Her husband, Joseph Braniff, 63, was indicted on theft charges, the attorney general said.

As for Braniff’s mother, she died in December of 2020 due to COVID-19.

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Daughter steals $750K from mom in nursing home to buy farm, AG says

Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations!

AATT Staff

Thomas Girardi, the estranged  husband of Real Housewives of Beverly Hills star, Erika Jayne, has been stripped of his law license according to a new report by Page Six. The outlet reported on Wednesday that according to state records, the lawyer’s license was revoked by the California State Bar, making him ineligible to practice law. 

Thomas Girardi long-standing law firm, Girardi and Keese, has been battered by several legal battles in recent months. Erika filed for divorce in November, only weeks before the couple was hit with a lawsuit alleging that the duo had embezzled money designated to the victims of Lion Air Flight 610. They were subsequently accused of staging the divorce to dodge accountability.

Thomas claimed poverty in court, in a case that is ongoing. Thomas’ former law partner, Robert Keese, sued to dissolve their business venture, 1126 Wilshire Partnership. Thomas was accused of not paying out the estimated $315k in earnings, instead keeping the money for “his own personal gain.” Wells Fargo also slapped the once famed lawyer with a lawsuit, claiming that he had breached agreements.

As reported last month, Robert Girardi, the brother of Tom Girardi, is serving as his brother’s temporary conservator.

Robert claimed that his brother wasn’t able to participate in an early  February hearing because he suffered a medical emergency in late January. 

Robert requested to take control of his brother’s estate amid the 81-year-old’s legal battles, but the judge only consented to Robert handling the former famed lawyer’s affairs until March 30.

Robert also asked the judge to allow him the authority to place Thomas in a facility that treats neurological disorders, such as dementia.

“There was an urgent need for Bob Girardi to have the power to engage counsel in the bankruptcy proceeding on his brother’s behalf, and Tom’s court-appointed counsel clearly agreed, as did the court today,” Robert Girardi’s attorney said in a statement to Page Six in early February.

Robert filed documents addressing Thomas’ involuntary bankruptcy case, alleging that his brother was experiencing short-term memory loss, and needed a conservator. He alleged that Thomas is “incapable of realizing” the consequences of the legal filings.

Robert initially alleged that Thomas is “incompetent and unable to act for himself” because he’s suffering from short-term memory loss.

“My brother is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and his law firm Girardi Keese notwithstanding having [it] explained to him over and over and by various people,” Robert said. “Furthermore, my brother is not capable of making rational decisions with respect to his financial responsibilities and offers solutions and opinions that are factually impossible.”

As reported, Tom Girardi was evicted from his California mansion in February amid his ongoing legal battle.

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Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations! 

 

See Also:

Tom Girardi

Missouri gradually reopening mental health facilities to visitors

An image of Fulton State Hospital from the Missouri Department of Mental Health.

by Kurt Erickson

JEFFERSON CITY — After nearly a year in lockdown, visits are beginning to resume at Missouri’s state-run mental health facilities.

Missouri Department of Mental Health spokeswoman Debra Walker said some of the state facilities for developmentally disabled residents are already allowing face-to-face visits and contact visits with guardians and guardian-approved family members.

Other facilities, such as mental hospitals, could begin allowing visits within weeks.

“As the positivity rate of COVID-19 in Missouri has dropped to less than 5% and approximately 70-90% of our residents/patients have been vaccinated, DMH is working on allowing family visits widely within our facilities by the end of March,” Walker said.

The gradual reopening does include a caveat: All visitors must undergo a screening for the coronavirus “to ensure safety for residents/patients.”

The department’s decision came as the federal Centers for Medicare and Medicaid Services said nursing home residents vaccinated against COVID-19 can get hugs again from their loved ones, and all residents may enjoy more indoor visits.

Nursing homes and similar facilities housing groups of people have been hit hard by the pandemic. Long-term care facilities represent about 1% of the U.S. population, but account for 1 in 3 deaths, according to the COVID Tracking Project.

The Department of Mental Health has seen a total of 2,244 positive cases of COVID-19, including 467 residents and patients.

The hardest hit facility was the Southeast Missouri Mental Health Center in Farmington, where 105 tested positive.

As of Thursday, 12 patients and five staff members have died of the disease.

There currently are no active cases among residents. DMH reports six active cases among employees.

Visiting currently is suspended in all Missouri Department of Corrections facilities.

While limited visiting has resumed, all visitors must call to schedule an appointment.

Although visiting will be increased to four days per week at most facilities, the visiting rooms will be open at only 30% capacity, with two-hour slots, with two visitors per offender.

Corrections spokeswoman Karen Pojmann said the department is waiting to see how the COVID-19 vaccination rollout goes among staff and offenders as well as in the community before setting target dates.

More than 5,200 inmates have signed up to get the vaccine, and nearly 4,000 have received the first dose, she said.

“Those who are eligible but initially decline vaccination remain eligible and can get vaccinated at any time. However, the rest of the offender population won’t be eligible until Phase 3, and there’s no way to know when Phase 3 will begin,” Pojmann said.

The department reports that 45 inmates have died from complications related to the virus.

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Missouri gradually reopening mental health facilities to visitors

"Mama B" Bashinsky Guardianship Abuse Case Goes Back To Alabama Supreme Court

News provided by   

The estate of “Mama B” Bashinsky

Mar 10, 2021, 10:30 ET

BIRMINGHAM, Ala., March 10, 2021 /PRNewswire/ -- Today, legal counsel for the estate of the late Joann "Mama B" Bashinsky, the beloved Alabama philanthropist, announced several developments in the case of the permanent guardianship petition that haunted her for the last 18 months of her life before she passed away on January 3, 2021.

On Friday, Bashinsky's counsel filed an appeal with the Alabama Supreme Court on one motion challenging an order issued by Judge A. Lee Tucker to pay a guardian ad litem fees for his own attorney on a prior matter. Following their appeal, Judge Tucker hastily ruled on numerous motions that have been delayed for weeks. Most notably, Tucker made a highly unusual ruling to deny the motion to dismiss the case in light of Mrs. Bashinsky's death, further highlighting the numerous conflicts of interest among those involved in the case, including the judges and petitioners. The family is now forced to have to go to the Alabama Supreme Court once again because Judge Tucker won't let the case die.

"These new decisions by Judge A. Lee Tucker are extremely disheartening, and confirm the corruption within the Jefferson County guardianship system at the hands of temporary conservator Greg Hawley and  guardian ad litem Ken Guin, as directed first by Judge Alan King and now by Judge Tucker," said attorney Susan Walker. "In my opinion, his latest rulings show that this court is failing to provide justice and fairness, as the Judge continues a case that has tormented the friends and family of Mama B, who suffered great distress for the last months of her life because of the permanent petition for guardianship and for conservatorship that threatened her finances and independence."

The case has taken many unseemly twists and turns from the first day Mrs. Bashinsky's fomer employees, John McKleroy and Patty Townsend, filed a petition to place her under a guardianship the very day she appropriately terminated them. On July 2, 2020, the Alabama Supreme Court issued an opinion declaring the emergency petition failed to establish an emergency and holding Mrs. Bashinsky was denied her constitutional due process rights. Since her death, the burden of exorbitant and unnecessary expenses on her family has endured as they navigate a case that would have typically died with the subject.

"Since the Alabama Supreme Court last saw this case, in my opinion it's clear that petitioners McKleroy and Townsend along with former temporary conservator Hawley and guardian ad litem Guin are not acting in the best interests of Mrs. Bashinksy, but in their own financial interests, especially considering that they continue to pursue the assets of an elderly widow no longer alive to defend herself," said attorney Walker. "There is no plausible explanation in my opinion as to why Judge Tucker would drag out the case of a deceased woman other than that it's in the best interests of his friends in a system ripe with corruption and financial exploitation."

There is currently unprecedented national attention on the issue of guardianship abuse, spurred on by major motion pictures, documentaries, and passionate opinion pieces from national political leaders like Gov Mike Huckabee, who called conservatorship abuse of seniors "a nationwide epidemic" deserving of "bipartisan reform and a grassroots campaign" when speaking of Mrs. Bashinsky's legal battle against predatory and exploitative petitioners.

People are becoming aware of the injustices suffered by vulnerable individuals, and they're ready to come to the defense of those who have been subjected to abusive treatment by a system that was supposed to help, not hurt them. People can help by reaching out to their elected officials, calling the Attorney for Jefferson County and their state legislators and demanding justice for Mama B, and starting conversations within their spheres of influence

"Every person in the state of Alabama who has an elderly loved one should pay close attention and realize the implications of this case," said Walker. "With a national spotlight on guardianship abuse currently, there's never been a better time for reform," she concluded.

Reference: CASE NO. 19BHM02213

For more information about Joann Bashinsky and guardianship abuse, go to:

https://bashinsky.com/

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"Mama B" Bashinsky Guardianship Abuse Case Goes Back To Alabama Supreme Court 

 

See Also:

Joann Bashinsky

Justices vacate judge’s recent orders in case alleging law firm estate theft

The Indiana Supreme Court on Friday vacated orders of a trial court judge in a case involving a former law firm’s alleged theft from an estate. The case brought by a Jasper County charity that claims it was defrauded of a bequest is proceeding before a new judge.

Justices issued an order Friday in a mandamus action, granting partial relief to Jesse Hardin, whose wife, Teri, was formerly a nonlawyer assistant of the Monfort Law Office in Monon.

Jasper Newton Foundation alleges in the underlying suit that former attorney and one-time Jasper County judge Robert Monfort and his law office stole upwards of $775,000 from the estate of widow Rose Nagel, who intended for proceeds from her estate to benefit Catholic schools in Rensselaer. Monfort represented Nagel and Teri Hardin was her guardian; both are defendants in Jasper Newton’s suit.

After Jesse Hardin was added as a third-party defendant facing allegations that he may have benefited from the alleged scheme, he moved for a change of judge in December. Special Judge Mary Harper, however, continued to exercise jurisdiction until shortly after Hardin filed the original mandamus action in January.

On Feb. 19, Porter Superior Judge Michael Fish assumed jurisdiction as a special judge in the case.

“In light of these developments, JNF’s counter-petition is moot, and the relator’s petition is partially moot to the extent it seeks to compel a change of judge from Judge Harper, which has occurred,” Chief Justice Loretta Rush wrote Friday, issuing a permanent writ of mandamus in State of Indiana ex rel. Jesse L. Hardin v. Jasper Superior Court No. 1, et al., 21S-OR-23.

“However, ‘[w]hen presented with a timely motion for a change of judge, the trial judge is divested of jurisdiction to act in the case on any matter other than the motion for change of judge or emergency matters.’ State ex rel. Wade v. Cass Cir. Ct., 447 N.E.2d 1082, 1083 (Ind. 1983).” Justices accordingly granted the writ in part, ordering the trial court “to vacate the non-emergency orders issued by Judge Harper after the filing of the change-of-judge motion and before her granting of that motion. This writ is effective immediately.”

The order appears to apply only to procedural, discovery and scheduling matters in the underlying case, Jasper-Newton Foundation, Inc. v. Teri L. Hardin, Robert V. Monfort, Robert V. Monfort Attorney-at-Law, P.C., 37D01-1808-PL-703.

There have been no criminal charges related to the accusations raised in the suit, but Monfort resigned from the practice of law last June. The Indiana Supreme Court Disciplinary Commission filed a formal complaint last April alleging Monfort engaged in engaging in criminal acts and “conduct involving dishonesty, fraud, deceit or misrepresentation” among a litany of other ethical charges related to his handling of two estate cases, including Nagel’s.

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Justices vacate judge’s recent orders in case alleging law firm estate theft