Sunday, May 1, 2022

Massachusetts mom is honored by her grown kids in picture-perfect portraits

Though Anne Walsh, a mom of four, suffered from Alzheimer's, a touching series of photos captured her with care and kindness

By Deirdre Reilly

1950s-themed senior centers are providing comfort for people with Alzheimer's

One in nine people over the age of 65 have some form of Alzheimer’s, and the disease is only becoming more common, according to the Alzheimer’s Association. There’s no cure for Alzheimer’s, yet some senior daycare centers are using 1950s nostalgia to bring comfort to those who have it.

They say a picture is worth a thousand words — and it can be priceless, actually, if it brings back memories of a loved one's unique spirit and qualities after he or she has left this Earth.

This is what Julie Centrella, a wife, mother of three and small business owner in Reading, Mass., learned when she commissioned portraits of her mother, Anne Walsh, who struggled with dementia in her later years due to Alzheimer’s disease.

"In the beginning, she was good at covering things up, so we didn't really know how bad it was." 

"We had been watching my mother decline, and it was getting worse and worse," Centrella, 52, told Fox News Digital in an interview. 

"In the beginning, she was good at covering things up, so we didn’t really know how bad it was."

Until her symptoms began, Walsh was living a full and productive life.

Anne Walsh emigrated to Boston as a young woman. She married, raised four children and became a grandmother to seven grandchildren.  (Joe Wallace )

Born in 1935 in County Galway, Ireland, into a family that would eventually include 16 children, Anne Walsh emigrated to Boston as a young woman. She married and raised four children, eventually becoming "Nana" to seven grandchildren. She loved fashion and was a very good cook, said Centrella. She was also a person of deep faith

Anne Walsh was widowed for the last 25 years of her life. After her Alzheimer's diagnosis, her daughters moved her from the south shore of Massachusetts to the Boston area, so she could be closer to them. 

"My mom’s speech began to be affected, her sentences were jumbled, and it was getting really hard to even carry on a conversation."

Walsh endured Alzheimer’s for 15 years before she passed away on Dec. 8, 2021, at the age of 86.

Today, an estimated 6.2 million Americans ages 65 and older are living with Alzheimer's dementia (though those numbers could be higher). The numbers could rise to 13.8 million people by 2060, according to the National Institutes of Health.

ALZHEIMER'S IS IMPACTING 6.5 MILLION OLDER AMERICANS

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Greene County judge sanctioned by Ohio Supreme Court

Credit: Greene County courts

By London Bishop

A Greene County Probate Court judge has been sanctioned by the state Supreme Court for berating a man who publicly questioned whether the judge should recuse himself in cases in which his daughter represents parties.

Judge Thomas O’Diam of Xenia received a six-month stayed suspension related to a series of events in mid-2019 in which he and his daughter spoke harshly to a man in his courtroom.

The Supreme Court of Ohio voted 5–2 to suspend O’Diam. The suspension is stayed on the condition that he commit no further misconduct and complete six hours of judicial education focused on judicial demeanor, civility, and professionalism.

“This was an isolated incident, in an otherwise unblemished legal career spanning more than 36 years, that happened over two and a half years ago,” O’Diam said in a statement Thursday. “I handled a status conference poorly. I did not treat Mr. Buccalo with the patience, dignity, and courtesy he deserved, and for that I am truly sorry.

“I acknowledged my mistake and apologized for it,” O’Diam continued. “It never happened before and has never happened since. I am glad this matter is behind me and I look forward to focusing on the important business of our court, as I have done for the past eight and a half years.”

In a per curiam opinion, the Ohio Supreme Court concluded that Judge O’Diam violated the judicial code that “a judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers ... and others with whom the judge deals with in an official capacity,” and requires that lawyers in their court also conduct themselves the same way.

O’Diam’s daughter, Brittany was handling the estate case of Grant David Buccalo’s mother. Brittany O’Diam has represented clients in her father’s court on 45 occasions over the past seven years without Thomas O’Diam recusing himself. In all of those cases, Brittany O’Diam has filed a waiver of disqualification, a form which all parties sign acknowledging the judge’s potential conflict of interest and agreeing to proceed.

Buccalo then attended a Greene County Commission meeting in 2019 and told commissioners he thought O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”

Buccalo told commissioners: “Justice depends on the appearance as well as the reality of fairness in all things. Otherwise, it erodes public confidence in the legal system.” He went on to tell county commissioners people need to feel that they “got a fair shake” when they leave the courtroom, and that it “wasn’t rigged.” Buccalo did not specifically mention his mother’s estate case or express concern about his own involvement with O’Diam. He also did not inform the commissioners that he had signed a waiver of disqualification.

After learning about those statements to the commissioners, O’Diam set a status conference for Buccalo’s estate case. At this status conference, O’Diam played the recording of Buccalo’s comments at the commission meeting and “interrogated” Buccalo for almost an hour, court documents say. Thomas O’Diam then let Brittany O’Diam question Buccalo without restriction.

Thomas O’Diam told Buccalo he took the comments to county commissioners personally and accused Buccalo of proceeding to “trash” him, according to court documents.

At one point, Buccalo asked for water, which he was denied. His experience at the status conference “had a profound effect on his mental health and his relationship with his family,” court documents state.

The Ohio Board of Professional Conduct had recommended that O’Diam be suspended for six months and be immediately suspended from his judicial office without pay.

Brittany O’Diam also is the subject of a misconduct complaint from the Ohio Supreme Court’s Office of Disciplinary Counsel for the same incident. A hearing in that case is scheduled for May 2.

Justices Sharon Kennedy, Patrick Fischer, Patrick DeWine, Michael Donnelly, and Melody Stewart joined the opinion. Chief Justice Maureen O’Connor and Justice Jennifer Brunner concurred in part with the Court’s opinion but stated they would impose the board’s recommended full suspension without pay.

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Employee at group home owned by Diyonne McGraw arrested for abuse of a disabled person

Wanda Denise Thomas

BY JENNIFER CABRERA

Wanda Denise Thomas, 59, an employee of both the Florida Department of Children and Families (DCF) and Easy Living Group Home, which is owned by Alachua County School Board candidate Diyonne McGraw, was arrested last night and charged with two felony counts of abuse of an elderly or disabled adult.

The arrest report states that a deputy from Alachua County Sheriff’s Office responded to the Easy Living Group Home at 2673 SE 18th Avenue in reference to a DCF investigation. According to the report, the business provides housing for mentally disabled adults, and the victims in this case are vulnerable adults due to intellectual impairments.

The case began with an anonymous report to DCF, alleging abuse to two or more residents in the home, specifically that the victims had been struck with a belt and had bruises on multiple areas of the body. Because Thomas, the suspect, is an administrative assistant at DCF in Alachua County, the investigation of the case was handled by a DCF investigator from Marion County.

The deputy reported that he spoke with a caretaker on site at the group home, and the employee said that the home is owned by Diyonne McGraw and that his direct supervisor is Rodney Johnson. The employee told the deputy that he had noticed bruises on two residents starting around March 11 and that he had documented the injuries with photos.

Interviews with the injured residents were difficult because the residents have difficulty communicating, but both were able to point to the locations of the injuries, even in cases where those injuries had healed. One resident reportedly mentioned “Wanda” and “belt” while lifting his shirt to show where he had been injured. Another resident still had visible injuries, including long, narrow bruises that are “consistent with being hit by a belt.”

Other residents who are high-functioning and better able to communicate stated that they had observed Thomas striking the two residents, one “due to his behavior” and the other “for not listening to instructions given by Wanda and for his random screaming throughout the day.”

Thomas’ supervisor at DCF told the deputy that Thomas had spoken with her about how difficult it could be at times to work at the group home. The report continues, “Wanda stated that she uses a belt to control the unruly residents to which [the supervisor] informed her that she cannot do that. Wanda seemed confused and asked why not before again saying that she does it and that her supervisor is aware that she uses a belt to hit the residents.”

The DCF supervisor also said that Thomas told her she has seen bruises on the residents, and the supervisor reminded her that she is a “mandatory reporter” who is required to report injuries to DCF when they are brought to her attention. The report states, “Wanda advised that she has not reported the injuries in fear of losing her job.”

Thomas’ supervisor at the group home, Rodney Johnson, reportedly told the deputy that he was not aware that Thomas used a belt or physically disciplined the home’s residents.

Thomas has been charged with two counts of abuse of a disabled adult; she has been released from the jail on her own recognizance with the condition that she not return to the group home.

Diyonne McGraw and DCF have not responded to our requests for comments.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law. 

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Saturday, April 30, 2022

Guardianship bill amended to create task force

A bill that would have provided basic protections for people under a court-appointed guardianship will now, if approved, create a task force to study the issue in-depth.
 
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Perry County attorney disbarred after corruption of minors, other charges

by: Avery Van Etten

Judge Michael Schechterly

PERRY COUNTY, Pa. (WHTM) — After pleading guilty to charges including inappropriate contact with minors last November, Perry County judge and attorney Michael Schechterly was disbarred on April 26 by order of the Supreme Court of Pennsylvania.

Schechterly was previously suspended from the Bar of Pennsylvania. He was sentenced in February to at least 60 days and no more than 23 months in prison in connection to charges including corruption of minors, intimidation of witnesses/victim, and obstructing administration or law of other governmental functions.

A Pennsylvania State Police investigation found that Schechterly sexually assaulted a 12-year-old boy in 2012, according to Attorney General Josh Shapiro.

The attorney general also said that Schechterly used his authority as a judge to intimidate a woman who was a witness and an alleged victim in an investigation of sexual misconduct by a state constable and prevented her from coming forward with her allegations.

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Older people fret less about aging in place: AP-NORC Poll

By RICARDO ALONSO-ZALDIVAR


WASHINGTON (AP) — The older you are, the less you fret about aging in your own home or community.

That’s a key insight from a new Associated Press-NORC Center for Public Affairs Research poll, which found that U.S. adults ages 65 or older feel much better prepared to “age in place” than those 50-64, who are mostly still in the final stretches of their working years.

The poll also documented greater insecurity around aging in place for older Black and Latino Americans, the likely result of a deep-rooted wealth gap that markedly favors white people.

Aging in one’s own home, or with family or a close friend, is a widely held aspiration, with 88% of adults 50 and older saying it’s their goal in an earlier AP-NORC poll

Ages 50-64
63%
28%
9%
Ages 65+
79%
17%

But doubts creep in for those ages 50-64. Among that group, the majority who rate themselves as extremely or very prepared shrinks to about 6 in 10, according to the poll.

This relatively younger group is especially likely to say their financial situation is the main reason they don’t feel very prepared to age in place. And they’re also more likely to feel anxious about being able to stay in their communities, get care from medical providers and receive backup from family members or close friends, the poll found.

Part of it may be due to fear of the unknown among people who’ve relied on a paycheck all their lives.

“When you’ve never done it before, and you are only going to do it once, you’re sort of flying by the seat of your pants,” said Leigh Gerstenberger, in his late 60s and retired from a career in financial services. “I spent a lot of time talking to people ahead of me in the journey,” says the Pittsburgh-area resident.

Also, people approaching their 60s may question if Social Security and Medicare will truly be there for them. Stacy Wiggins, an addiction medicine nurse who lives near Detroit, figures she’ll probably work at least another 10 years into her late 60s — and maybe part-time after that. Older friends are already collecting Social Security.

“In my group, you wonder if it’s going to be available,” Wiggins said of government programs that support older people. “Maybe it’s not. You will find people who are less apt to have a traditional pension. Those are things that leave you with a lot of trepidation toward the future.”

Some people now in their 50s and early 60s may still be dealing with the overhang of the 2007-09 recession, when unemployment peaked at 10% and foreclosures soared, said Sarah Szanton, dean of the Johns Hopkins University nursing school. For an aging society, the U.S. does relatively little to prepare older adults to navigate the transition to retirement, she observed.

“As Americans, we’ve always idolized youth and we’re notoriously underprepared for thinking about aging,” Szanton said. “It often comes as a surprise to people.” Her involvement with aging-in-place issues started early in her career, when she made house calls to older people.

In the poll, people 50 and older reported that their communities do an uneven job of meeting basic needs. While access to health care, healthy food and high-speed internet were generally rated highly, only 36% said their community does a good job providing affordable housing. Just 44% were satisfied with access to transportation and to services that support older people in their homes.

Kym Harrelson-Pattishall is hoping that as more people retire to her coastal North Carolina community, health care facilities and other services will follow. As it stands now, a major medical issue can involve a car trip of up to an hour to the hospital.

A real estate agent in her early 50s, Pattishall shares the goal of aging at home, but her confidence level is not very high. “I think it would just eat away what savings I have,” she said.

It’s all about adjusting, says another small-town resident, about 20 years older than Pattishall. Shirley Hayden lives in Texas, near the Louisiana border and on the track of hurricanes from the Gulf of Mexico. She says she has no investments and only modest savings, but she rates herself as very prepared to continue aging in place.

“You have to learn to live within your means,” Hayden said. “I don’t charge things I can’t afford to pay for.

“My biggest thing I have to work around as far as expenses is insurance,” she added. “I don’t really need any new clothes. In Texas, you live in jeans and T-shirts and they don’t go out of style. Yeah, your shoes wear out, but how often do you buy a pair of shoes?”

Not so easy to work around is the well-documented racial wealth gap that constrains older Black people in particular. A Federal Reserve report notes that on average Black and Latino households own 15% to 20% as much net wealth as white households.

In the poll, 67% of Black Americans and 59% of Latino Americans ages 50 and older said they felt extremely or very prepared to stay in their homes as long as possible, compared with the 73% share of white Americans saying they feel confident.

Wiggins, the Detroit area nurse, is Black and says it’s a pattern she’s familiar with. “Part of it is generational wealth,” she said. “I have friends who are white, whose dad died and left them settled. I have friends who are Black whose parents died, and they left enough to bury them, but nothing substantial.”

___

AP Director of Public Opinion Research Emily Swanson and Polling Reporter Hannah Fingerhut contributed to this report.

___

The AP-NORC poll of 1,762 adults age 50 and older was conducted between February 24 - March 1 with funding from The SCAN Foundation. It used a sample drawn from NORC’s probability-based Foresight 50+ Panel of adults age 50 or older, which is designed to represent the U.S. population. The margin of sampling error for all respondents is plus or minus 3.4 percentage points.

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Friday, April 29, 2022

Pennsylvania disability advocates file legal suit to challenge guardianship laws


Wormleysburg, Pa. -- On April 18, disability advocates and Independent Living Centers filed an Amicus Brief with the state Supreme Court regarding long-term care services for people with disabilities.

The brief cites SCOTUS's landmark ruling in Olmstead and objects to an alleged overuse of guardianship under state law for disabled and older individuals, including a failure to apply alternatives to guardianship.

The brief focuses on the case of David Italiano, an Alleged Incapacitated Person with a Disability. Currently, Mr. Italiano is institutionalized against his expressed wishes by the Huntingdon County Area Agency on Aging and has been stripped of his rights to self-determination.

According to the seven disability rights organizations that jointly filed the brief, court proceedings found that Mr. Italiano is capable of transitioning to an independent living situation and the Agency on Aging is stubbornly refusing to entertain the idea of a less restrictive living arrangement.

Though the case is specifically focused on the situation of Mr. Italiano, civil rights and disability advocates say that the issue affects every Pennsylvanian that may be at risk of having their rights restricted or removed due to age or disability.

“For all practical purposes, the state simply ‘disappeared’ David through an overly zealous and potentially abusive guardianship program that has deprived him of his fundamental rights as well as his own home,” said Misty Dion of Roads to Freedom Center for Independent Living of North Central PA (RTFCIL).

“Our organization is broadly recognized by both federal and state agencies as qualified and experienced to advocate for disabled and older people seeking services to preserve and promote their dignity and rights. Warehousing David in an institution and depriving him of his right to connect with loved ones and friends, while prohibiting us from continuing to provide him the essential services he requests, is a gross violation of his legal and human rights.”

RTFCIL previously worked with Mr. Italiano and a guardian. Italiano was a homeowner, but was moved to the Agency on Aging where he complained about abuses at the nursing facility. He attempted to leave the facility and return to living independently during a COVID outbreak. RTFCIL helped him file complaints with the State Ombudsman, which they said have gone unanswered.

The Huntingdon County Orphans Court approved of Italiano's plan to transition to independent living arrangements in January of 2021, but the judge transferred his guardianship to the Agency on Aging which has restricted his access to advocacy, transitional, and communication services, including confiscating personal cell phones from him.

The Ombudsman eventually responded to the allegations of abuse by sending a cease and desist letter to RTFCIL.

While the Road to Freedom Center and other advocates battle with the legal system, Mr. Italiano remains in a facility against his will and is at risk of the Agency on Aging choosing to sell his home to pay for his continued institutionalization.

To remedy situations like Mr. Italiano's, the Road to Freedom Center presented a list of recommendations from last year's Fourth National Guardianship Summit - Maximizing Autonomy and Assuring Accountability. The recommendations are included in the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Uniform Act), which:

  • Prohibits guardianships where less restrictive alternatives would meet an adult's functional needs
  • Require specific court findings before certain critical rights (examples: to marry, vote, choose visitors) are abridged
  • Require petitioners to state whether less restrictive alternatives have been tried and justify any failure to do so
  • Create mechanisms that adults subject to guardianship and others can use to trigger modification or termination of an order

Some states have adopted the Uniform Act or similar rules, but Pennsylvania is not one of them.

“Even the American Bar Association determines guardianship as a 'drastic intervention,' and that less restrictive options are much preferred,” said Mike Grier, Executive Director of PCIL. “That drastic intervention by aging organizations and courts here in Pennsylvania has stripped David Italiano and countless others of their dignity, their privacy, their right to choose where they live and with whom they associate. The current situation is simply untenable and must be changed.”

The seven organizations that filed the brief hope that it will help the state begin the process of reforming its guardianship and long-term care systems.

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Charges dismissed for Dougherty Probate Court Judge charged with threatening employee

Dougherty County Probate Judge Leisa Blount / Photo: Dougherty County Sheriff's Office

Criminal warrants have been dismissed for a Dougherty County judge charged in March 2021 with threatening a county employee.

According to Probate Judge Leisa Blount's attorney, Maurice Luther King, Jr., Blount was facing one count of terroristic threats and one count of violation of oath by an officer after allegedly threatening a custodian at the courthouse.

In June 2021, the case was moved from Dougherty County to the Lowndes County Judicial Circuit.

On April 25, 2022, District Attorney Bradfield M. Shealy signed a warrant dismissal that states, "upon investigation, the criminal warrants in the above-styled case are hereby dismissed. As such, given the facts and circumstances of this case, it is in the best interest of justice to cease further prosecution in this matter."


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San Diego man accused of bilking $1M from elderly woman in scheme


by: Dillon Davis

SAN DIEGO – An 84-year-old San Diego man was charged with more than two dozen felonies in connection to an alleged fraud scheme that bilked more than $1 million from an elderly Southern California woman, the Ventura County District Attorney’s office said.

Worthey Tobe Smith, Jr. was arraigned Monday in Ventura County Superior Court on 26 charges, including conspiracy, receiving stolen property and money laundering, District Attorney Erik Nasarenko said in a release. Smith denies the charges.

According to Nasarenko, Smith and an unidentified co-conspirator in 2020 lured the woman into believing she’d won a “large grant.” They allegedly told the woman she needed to contribute money before receiving the payout, ultimately obtaining 24 checks from her for a total amount of nearly $1.2 million.

Smith is accused of negotiating 22 of them and then converting $1 million of that total into cashier’s checks and sending them to another involved individual in Michigan. He’s also alleged to have taken a debit card linked to the victim that he used to take some $15,000 from her via unauthorized ATM withdrawals.

In a statement, Nasarenko said his office is grateful to police “for their investigative efforts in this alleged elder fraud case.”

“Our prosecutors will continue to work with law enforcement and victims to charge appropriate felonies that target our vulnerable residents,” Nasarenko said.

Smith is due back in court Wednesday at 1:30 p.m. for a bail review hearing. He is slated to attend an early disposition conference on the case April 27.

He remains in custody at Ventura County Jail.

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