Sunday, May 29, 2022

Friendly Pet Chicken Brings Cheer to Arizona Assisted Living Facility: 'She's so Sweet'

By Kelli Bender


Gracie the chicken has become a feathered friend to the residents of an Arizona assisted living facility.

For three years, the patient bird has been visiting Good Samaritan Society – Willow Wind Assisted Living in Prescott, Arizona, stopping by to sit on laps and gladly accept pets.

"She'll just lay there on your lap. She just keeps looking at you like, 'Keep petting me!' You know how dogs like to pet between their ears? Well, she likes to be pat on the back," Barbara Hebert, a resident at Good Samaritan Society – Willow Wind, said of Gracie.

The friendly fowl managed to get a visitor's pass to the facility thanks to her owner. Gracie belongs to Good Samaritan Society – Willow Wind Assisted Living's  Becky Medina, the activities director at the facility. Medina started raising chickens in 2012, and when she got Gracie, she noticed the bird was calmer than most chickens. Gracie doesn't flap her wings much and has a tame, gentle demeanor. 

After watching numerous people bring in the gregarious dogs to spread smiles among the Willow Wind residents, Medina decided folks would probably enjoy her chicken's company too.

"I consider my residents family. What brings me joy is making them happy, and Gracie brings them so much happiness. Many of the residents grew up on farms, and Gracie evokes so many wonderful memories for them," Medina said. 

Gracie was a hit on her first visit and has continued to be a greatly anticipated guest whenever she is scheduled to stop by the facility. Three years into her visits, residents still react to Gracie and her winning personality with disbelief and delight.

"She's so sweet. She makes you feel so calm. She's just adorable. Her feathers are so soft. I love animals, and she's just so sweet," Hebert added of the bird.

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Area Boy Scout rushes to help injured elderly woman

By Isak Dinesen


SCHOFIELD, Wis. (WAOW) -- 12-year-old Dexter Burnett made what was a normal walk home from a Boy Scout meeting on Tuesday, but it wasn't one he originally was planned to make.

"We were actually supposed to go to the DC Everest pool, and do swimming," Dexter's assistant scoutmaster, Mike Marcell said.

However, the pool wasn't ready for them, so they finished the day at their normal meeting spot at St. Therese School, just blocks from Dexter's house.

"I was walking, coming from [the south]," Dexter said.

That's when he heard something that didn't sound right.

"I was at about the garbage cans when I heard somebody yelling for help," Dexter recalled.

That noise came from an elderly woman on the floor of her unopened garage.

Her side door was open; he entered and found her bleeding from the head.

"I walk over, help her up, I run back to Boy Scouts which is basically at the end of this street at St. Therese and then get Mr. Marcell," Dexter said. Marcell and an Eagle Scout, who is soon to be studying to become an EMT in college, followed Dexter to the house.

"She's got blood all over her shirt, a pool of blood in the garage. We were able to get her into the house and get her sitting down," Marcell added; he would call 911 to get the woman an ambulance.

First responders say Dexter did the exact right thing.

"For this young Boy Scout to do this, and provide assistance, not be afraid, and go when somebody was calling out for help to see if they could render assistance is phenomenal," said Riverside Fire Chief Rob Bowen.

"The entire time Dexter was right there, asking her questions, trying to help her, comfort her," Marcell added.

During the process, Dexter had managed his composure well, which he says was a priority.

"I tried to remain calm, just so I didn't get overwhelmed and then freak out or anything," he said.

But when he got home, the emotions of the experience overwhelmed him.

"The first thing the scoutmaster said was, 'Dexter was a hero this evening.' And he came out, barreling out and just buried his arms in me and gave me a huge hug and had a few tears," his mom, Brenda Burnett said.

She adds that it's not out of character for Dexter to have compassion for others, but here, he might have done the ultimate deed.

"I believe he really saved her life. If he wouldn't have found her, I think someone else would have found her the next day in not a very good spot," Burnett said.

"As a mom, you try to make your children caring and kind to everyone that you see, but in this situation, he really did something huge," she added.

The injured woman's status is not clear at this time.

Burnett adds that once the woman gets out of the hospital, she hopes Dexter can properly meet the woman she saved. 

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Elderly New Yorkers to get robots to help relieve loneliness

By Ariel Zilber

New York State is distributing companion robots to 800 elderly residents as a way to combat loneliness. Intuition Robotics

New York state officials will distribute robots to hundreds of elderly residents, saying the digital companions will remind them to take their medication, help contact loved ones, book an Uber ride and even engage in small talk and crack jokes.

The New York State Office for the Aging (NYSOFA) will deliver the machines to the homes of 800 older adults as a way to combat the growing problem of loneliness, state officials said.

Greg Olsen, the director of NYSOFA, told The Verge that the state will hand out robots called “ElliQ”, which is manufactured by Israeli tech firm Intuition Robotics.

ElliQ is described as a “more proactive version of Siri or Alexa.”

“Many features attracted us to ElliQ — that it is a proactive tool, remembers the interactions with the individual, focuses on health and wellness, stress reduction, sleep, hydration, etc,” Olsen told the tech site.

“It focuses on what matters to individuals: memories, life validation, interactions with friends and families and promotes overall good health and well being.”

ElliQ reminds its human companions of when to take their medicine.
ElliQ reminds its human companions of when to take their medicine.
Intuition Robotics

ElliQ is a two-part machine that is attached to a base. One part consists of a “face” that is shaped similarly to a lamp. The “face,” which is outfitted with a microphone and speakers, lights up and swivels to face people with whom it is interacting.

The other part is a touchscreen tablet which is capable of making video calls as well as display pictures and information.

Intuition Robotics touts ElliQ as a “friendly presence in your daily life” which is capable of “engaging you in conversation, motivating you to adopt healthier habits, [and] surprising you with jokes and suggestions.”

The robot is also capable of holding video calls and telling jokes.
The robot is also capable of holding video calls and telling jokes.
Intuition Robotics

ElliQ machines are available for a subscription charge that ranges between $30 and $40 per month. Would-be buyers must pay a $250 “enrollment fee.”

The NYSOFA is investing $700,000 in the pilot program, according to the agency.

“In each case, the unit would be provided for as long as the individual needs it, and then put into reuse on a sustaining basis thereafter for others in the community who would benefit,” said NYSOFA spokesperson Roger Noyes.

The agency will also track outcome data before assessing whether to expand the program, Noyes added.

The use of robots to keep elderly people company was introduced well before the COVID-19 pandemic, particularly in countries with aging populations such as Japan, Denmark, and Italy, according to Vox.

New York State's Office for the Aging will distribute ElliQ to 800 elderly residents.
New York State’s Office for the Aging will distribute ElliQ to 800 elderly residents.
Intuition Robotics

State governments in New York, Alabama, Pennsylvania, Florida, and other jurisdictions have experimented with similar pilots, such as providing robotic pets to nursing home residents and those who live in retirement communities.

Just a month before a global pandemic was declared, a National Academies report showed that one-third of U.S. adults aged 45 and up were lonely. Surveys have surprisingly found higher rates in younger adults.

Rampant loneliness existed long before COVID-19, and experts believe it’s now worse. Evidence suggests it can damage health and shorten lives as much as obesity and smoking.

In addition to psychological distress, some studies suggest loneliness may cause physical changes including inflammation and elevated stress hormones that may tighten blood vessels and increase blood pressure. 
 
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Saturday, May 28, 2022

Wendy Williams is Closer to Gaining Access to Her Funds From Wells Fargo Bank

by Cedric 'BIG CED' Thornton

(Image: Associated Press/Invision/Omar Vega)

Former talk show Wendy Williams‘ battle with Wells Fargo to unfreeze and grant her access to her funds may soon be over. A judge in New York has appointed a financial guardian to oversee her finances, The U.S. Sun reports.

Williams may have access to her money as early as this summer, according to a close source. She now has a guardian who will decide how to handle financial circumstances going forward. A source explained, “The guardianship process is complete, which means the court [officially] appointed a financial guardian. Now it’s up to the guardian, Wendy, and the court as to how she will be accessing her money.”

For the first time since she went down with health issues, Williams will have a say in how her finances are used. Wells Fargo is no longer involved in the court proceedings and will be acting at the recommendation of the newly appointed guardian and the 57-year-old herself.

Williams has had a temporary guardian since March. A source has also told The Sun: “The court can eventually decide to give Wendy back full control over her accounts and end the guardianship—but that is up to the court.”

Until then, she still has “a voice and she still has a say” in terms of her finances, and while “she doesn’t have 100 percent control right now, that could all change soon depending on what the court decides.”

Less than two weeks ago, Williams claimed to only have two dollars to her name after having her bank accounts frozen.

In February, Williams filed a legal letter saying Wells Fargo has “several million dollars” belonging to her in its possession, as noted by People. The bank claimed the assets were frozen because “[Williams] is the victim of undue influence and financial exploitation.”

Williams was talk show royalty until she suffered an array of health issues, causing her to miss a swath of shows. Then in February, according to People, the decision to end The Wendy Williams Show was made, with producers announcing a daytime series hosted by Sherri Shepherd, Williams’s former guest host, taking its place.

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Oskaloosa lawyer suspended after Court finds lack of competence, rule violations


By Sarah Motter

TOPEKA, Kan. (WIBW) - An Oskaloosa lawyer has been suspended from the practice of law for two years after the Kansas Supreme Court found she violated various rules and made false statements that challenged a judge’s integrity.

The Kansas Supreme Court says in the matter of Donna L. Huffman, it has suspended her from the practice of law for two years with the possibility of probation after 90 days.

The Court noted that the Kansas Board for Discipline of Attorneys found that Huffman violated various Kansas Rules of Professional Conduct while she represented clients in a mortgage dispute.

According to court records, the case dealt with a husband and wife couple after a loan was obtained to purchase their home. However, when the loan was refinanced and closed, the husband never actually signed closing documents while the loan was mistakenly considered closed by the bank. Eventually, the couple sued and as the bank attempted to foreclose the property, it was held off due to the pending litigation. 

During this case, the Court found that Huffman demonstrated a lack of competence as a litigator as she consistently filed late pleadings, failed to follow the rules, was unable to abide by the court request that she stop raising issues already resolved, was unable to supply documents requested by the court, filed clearly meritless claims, did not understand the legal concept of res judicata and made arguments to the Court of Appeals that were “woefully inadequate, made no sense and was hard to follow,” and was “unsupported by the record.”

The Court also found that Huffman violated rules when she opened a new lawsuit based on the facts of a pending lawsuit and continued to file and amend responsive pleadings after the case had been dismissed and repeatedly sought reconsideration of previously decided matters.

Court records indicate that Huffman further violated the rules of the court as she repeatedly relitigated previously decided issues and made false statements that challenged the judge in the case’s integrity.

Therefore, the Court said it ordered Huffman to be suspended for two years, however, the suspension could be stayed after 90 days if she enters a practice supervision plan approved by the Disciplinary Administrator’s office which will cover the remaining period of time. 

To read the Court’s full opinion, click HERE.

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Oskaloosa lawyer suspended after Court finds lack of competence, rule violations 

Florida woman stole over $400K from hospitalized cancer patient, report says

(Courtesy of the Miami-Dade Jail)

by: Zachary Winiecki

MIAMI, Fla. (WFLA) — A woman was arrested Friday in Miami-Dade County after it was reported she stole over $437,000 from a hospitalized elderly cancer patient.

WPLG reported Ana Nunez posed as the 70-year-old patient’s daughters in order to visit her in the hospital. During that visit Nunez allegedly manipulated the patient into signing documents giving her power of attorney.

According to Local 10, the patient signed over everything she owned to Nunez, including her house and bank accounts.

Nunez’s son, Pablo Figueroa, was arrested earlier in May for his involvement in the scheme.

Nunez was arrested on charges of organized fraud, exploitation of the elderly and theft from the elderly of more than $50,000.

Nunez has prior convictions including grand theft and forging documents.

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Friday, May 27, 2022

Addressing Conservatorship Abuse Or Overreach

Ben Gettinger
By Ben Gettinger

A few high-profile cases have recently brought public attention to conservatorships and the potential for conservatorship abuse or overreach. Connecticut probate courts have a number of procedures and safeguards in place to prevent, identify and remedy such abuse or overreach. This column will highlight some of the procedures and safeguards in place for involuntary conservatorships.

In Connecticut, all conservatorship hearings are recorded and all witnesses are put under oath. The initial hearing cannot take place unless the subject of the involuntary conservatorship hearing (known as the “respondent”) has at least a 10-day notice. The notice of the hearing must be served on the respondent to confirm the notice requirement has been met. The hearing cannot take place unless the hearing notice was properly and timely served.

In general, the hearing cannot take place unless the respondent was examined by a physician no earlier than 45 days prior to the hearing. The physician must submit a report detailing their medical findings and answer a number of questions about the respondent to assist the court in determining if a conservatorship is appropriate.

Unlike in some states, the respondent is guaranteed the opportunity to have an attorney throughout the entire involuntary conservatorship process. If the respondent is indigent or otherwise cannot afford an attorney, the attorney will get paid through the probate court administration fund. The attorney will advocate on behalf of the respondent at the initial hearing and throughout the process if an involuntary conservatorship is ordered.

If a conservatorship is ordered, it will be subject to court review in a year and then every three years. The purpose of the review is to determine if the conservatorship is still appropriate. In addition, the conservator of the person must file a conservator’s report at least once a year. The conservator of the estate must file a financial report after the first year and then every three years and must keep all supporting documentation, such as bank statements, invoices and canceled checks.

If a conservator of the estate is ordered, the court will generally order a bond if the total assets are over $20,000 or there is over $10,000 in unrestricted assets. The conservatorship may also be subject to a random financial audit.

There are also restrictions on the conservator’s powers. For example, a conservator must get court approval before placing the respondent in an institution for long term care, changing the respondent’s residence, terminating the respondent’s lease, disposing of the respondent’s furnishing, selling the respondent’s real estate or consenting to psychiatric medication.

Finally, the respondent has the right to try to terminate the conservatorship. The respondent may request termination at any time. A hearing must be held within 30 days of the request. The respondent does not need to submit medical evidence. The respondent also has a lower burden of proof than the initial burden of proof needed to grant the conservatorship. The burden of proof to terminate is a “preponderance of the evidence” that the respondent is capable, whereas the burden of proof needed to grant an involuntary conservatorship is “clear and convincing evidence” that the respondent is incapable.

Even with these procedures and safeguards in place, involuntary conservatorships in Connecticut are not infallible. Please feel free to call the Milford-Orange Probate Court at 203-783-3205 if you have any concerns, suggestions or general questions about conservatorships.

Ben Gettinger is the probate judge for the Milford-Orange Probate Court.

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Paterson judge was ineligible to serve, says NJ Supreme Court. Will she stay on the bench?

by Joe Malinconico

PATERSON — The New Jersey Supreme Court disciplined Paterson Municipal Judge Cecilia Sardina Guzman with a public censure last week for hearing city cases while she was ineligible to practice law.

It's the second time the judge has been rebuked by the state's highest court. Guzman previously came under censure from the Supreme Court’s Disciplinary Review Board for lapses in her private law practice in handling two divorce cases.

The censure announced last week — essentially a public reprimand — said Guzman violated codes of judicial conduct, but it did not require her removal from her role as one of Paterson’s judges. City officials could not be reached for comment about Guzman’s status in the Municipal Court.

Her lawyer, Robert Ramsey, said Guzman has decided to give up her private law practice in order to focus on her work as a city judge.

“She’s thrilled to put this behind her and move on with her professional life,” Ramsey said.

Paterson Mayor Andre Sayegh said in February 2021 that Guzman's tenure was under review. 

“We will let this matter continue in its proper course," he said at the time. "Judge Guzman is entitled to due process and a fair hearing, and we respect her rights in that regard.”

“To date,” the mayor added, “there has been no known impact or effect on Paterson Municipal Court cases or operations. We will continue to monitor the progress of this case.”

Guzman’s salary as a city judge is $45,900, according to recent payroll records. She was appointed to the position in 2014. She is one of six municipal judges in Paterson.

She previously served in the same role in Dover in Morris County. Her lawyer said she was replaced in Dover as part of the changing of the political guard in that town’s municipal government.

Guzman lost her eligibility to practice law from Oct. 22, 2018, until Oct. 17, 2019, because she failed to properly register a trust fund used to deposit clients' money, according to court records. In February 2021, she filed a three-page response with the Supreme Court’s Advisory Committee on Judicial Conduct in which she admitted all 20 claims made by the state Supreme Court panel in its two-count disciplinary complaint.

Ramsey said Guzman had not known about her ineligibility to practice law and properly registered the trust fund within 48 hours of finding out to get her status restored.

Guzman has been the target of double-barrel disciplinary proceedings. In addition to the complaint by the Judicial Conduct committee, she also has been censured by the Supreme Court's Disciplinary Review Board, which oversees complaints about lawyers' conduct and ethics.

The review board decision said Guzman committed "gross neglect," "lack of diligence" and "failure to communicate with the client" in those cases. The decision also cited "recordkeeping violations and negligent misappropriation of client funds."

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Chatfield pair charged for taking about $100k from vulnerable adult

Bruce Lyn Amundson, 68, and Deborah Lane Amundson, 66, are both facing six charges of financial exploitation of a vulnerable adult and a summons has been issued for them to appear before District Judge Pamela King July 7. No attorney is listed for the pair.

 

By Mark Wasson

CHATFIELD — A Chatfield man and woman have been charged in Olmsted County District Court with stealing about $100,000 dollars from a vulnerable adult under their care, according to court records.

Bruce Lyn Amundson, 68, and Deborah Lane Amundson, 66, are both facing six charges of financial exploitation of a vulnerable adult and a summons has been issued for them to appear before District Judge Pamela King on July 7. No attorney is listed for the pair.

According to the criminal complaint:

The Amundson’s transferred $98,191.15 between January 2018 and December 2020 from a person that Bruce Amundson had a power of attorney over.

Law enforcement found bank slips from a Rochester bank where the deposits and withdrawals happened.

The pair told law enforcement the transfers were approved by the victim in exchange for the pair caring for the vulnerable adult. They were not able to furnish a contract authorizing the transactions.

The pair told law enforcement they put the vulnerable adult into a nursing home facility in April 2018.

The investigation was initially started after an Olmsted County adult protection social worker submitted a report to law enforcement about potential abuse. At the time the report was submitted, the victim had an outstanding bill of around $28,578 at the Rochester care facility.

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