Amber Laudicina had a seizure while at a Harris Teeter. Her service dog alerted the store manager, helping to save her life.
Over half a million people need a service dog to go about their day. Amber Laudicina of Winston-Salem is one of them.
She has a rare condition called dysautonomia and needs her trusted four-legged friend by her side.
By: Walt Kane
Last week, Monmouth County Superior Court Judge Joseph Quinn finally spoke the words Elberta Cohen was longing to hear.
The Cohen case raises questions about New Jersey’s guardianship system. There are no clear diagnostic standards for judges to determine if a person lacks the capacity to make decisions; the judge’s discretion is nearly absolute. Once in a guardianship, it can be next to impossible to get out. More than 40,000 people lived under guardianship between 2018 and 2022, according to the New Jersey Judiciary. Just 73 people have had rights restored.
Full Article & Source:
Woman trapped in guardianship for 3 years finally has her rights restored after KIYC investigation
See Also:
KIYC: Thousands of NJ residents are in court-ordered guardianships. Some fight to get rights back
By Malorie Thompson
Alzheimer’s disease can be devastating to those who are diagnosed with it, as well as to their friends and family members.
According to the Alzheimer’s Association, more than 6 million Americans are living with Alzheimer’s and that number is only expected to rise. Alzheimer’s disease kills more than breast cancer and prostate cancer combined.
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| Photo: YouTube/Rotten Tomatoes Indie |
To explore the effects that music has on Alzheimer’s patients, filmmaker Michael Rossato-Bennett went to nursing homes and filmed a short documentary called Alive Inside.
Photo: YouTube/Rotten Tomatoes Indie
The documentary follows Dan Cohen, the founder of the nonprofit Music & Memory, as he visits nursing homes and uses music to help patients combat memory loss and find a deeper sense of self.
The film offers a unique look at how those affected by the disease can use music as a form of therapy.
Photo: YouTube/Rotten Tomatoes Indie
Suffering
from Alzheimer’s often means losing part of who you are as a person, but
music might be able to help that and bring back a sense of self. It’s a
beautiful thing to witness.
You can learn more about the documentary by watching the trailer below:
Full Article & Source:
Filmmaker Goes In Nursing Homes And Captures The Effect Music Has On Alzheimer’s Patients
By Kelli Bender
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| Photo: Courtesy Dogs Trust |
According to Dogs Trust Salisbury, Peter Bradley and his partner Debbie Ackers from Dorset, England, recently adopted Ruby from the U.K. animal rescue.
It didn't take long for the 5-year-old German shepherd/Labrador retriever mix to prove her worth to her new pet parents. Shortly after her adoption, Ruby and Bradley were out on a walk when Bradley fainted due to low blood sugar.
Bradley fell to the ground and into an 8-foot-deep watery ditch, where he could not get up. Following the incident, Ruby flipped to hero dog mode and stayed beside Bradley while barking for attention.
"I woke up and had no idea where I was or what had happened. I could
feel my boots filling up with water but could not find the strength to
move. I could hear Ruby barking; she was making sure someone found me;
that is a sure thing. Once I found some strength, I tried to climb out,
but I could not as the sides were wet," Bradley said in a statement
recounting the accident.
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| Photo: Courtesy Dogs Trust |
"If Ruby had not barked as she did, I could have been there for an awfully long time without anyone knowing I was missing," the man added.
Bradley got out of the ditch with help from those who responded to Ruby's barks. Not long after he fainted and fell, Bradley fainted again, and once again, Ruby stayed by his side.
"I must have fainted again at home, and the next thing I knew, my friend was beside me. He found me out like a light and Ruby lying over me. He called paramedics," Bradley explained.
"Ruby continued to protect me and let the paramedics assist once she knew they were there to help. I did not want to go to the hospital, so thankfully, the nurses treated me at home instead. With the nurses and Ruby continuing to look after me, I am much better now," he added.
After an eventful few weeks with Ruby, Bradley does not doubt that he and the dog are meant to be.
"Ruby has bonded with me and Debbie so well, and it feels like she has always been in our lives. We walk her every day and feel safe with her by our side," Bradley said.
"She really is our hero."
While Ruby has found her home, Dogs Trust Salisbury has plenty of hero pooches searching for families, which animal lovers can learn more about at the rescue's website.
Full Article & Source:
Shelter Dog Rescues Elderly Owner Shortly After Getting Adopted: 'She Really Is Our Hero'
by Daniel Cassady
That prolonged, dramatic court battle, fought in both state and federal courts, took a turn in Lissner’s favor earlier this month when U.S. District Judge Valerie Caproni of the Southern District of New York granted Lissner’s motion to dismiss Max’s suit, which claimed the guardian was intentionally inflicting emotional distress on the family, isolating Peter Max, and preying on his Alzheimer’s induced dementia for financial gain, racking up over $2 million in fees at around $550 per hour for her guardianship services.
In her complaint, Max claims Lissner should never have been assigned as her father’s guardian, and his need for a guardian ended with the death of his wife, Mary Max, née Balkin. Peter Max, who has Alzheimer’s disease, has had a court-appointed personal needs guardian since 2015. Mary Max committed suicide in 2019 shortly after a New York Times story detailed allegations that she was abusing her husband who was, according to the Times report, simultaneously being exploited by business associates. Lissner was appointed as Max’s guardian in 2019 after the departure of several other court-appointed guardians.
Libra Max, meanwhile, has alleged that Lissner’s care has been “inhumane and predatory.” In court documents, she has claimed Lissner immediately began isolating her father from his family and friends, making it difficult for them to visit and communicate with him. The complaint further alleges that Lissner refused to provide the artist with basic necessities such as dental care and fresh clothing, and that she was verbally abusive towards Max and his family members, and has often denied requests for visitation.
Lissner moved to dismiss the lawsuit under a lack of subject matter jurisdiction, as the guardianship is a state, not federal ruling. She further moved to dismiss on the grounds that Max has failed to state a claim.
“Because the adjudication of Plaintiff’s [intentional infliction of emotional distress] claim would essentially put this Court in the position of second-guessing the decisions of the guardianship court … the court lacks jurisdiction … ” Judge Caproni wrote in the decision on March 3.
Since 2019, Libra Max has unsuccessfully tried to have Lissner’s guardianship of Peter Max terminated three times in state courts, each time unsuccessfully, with allegations that mirror those in the federal complaint.
The federal court also acknowledged the unfortunate reality that the family members were unable to resolve their disagreements out of the public sphere and without court intervention.
“Prior to being filed, Ms. Max sent the complaint to the press, and she and her counsel continued a publicity campaign against Ms. Lissner. Today’s decision shows Ms. Max’s allegations for what they are, and hopefully puts an end, at least for the time being, to the unjustified, ongoing efforts against Ms. Lissner,” Oren Warshavsky, of the law firm BakerHostetler, which was representing Lissner, said in a statement.
Libra Max, and her brother, Adam, have spoken to or reached out to media outlets both against and in support of Lissner’s care, respectively, while Lissner has been fighting lawsuits since 2019. Adam has supported Lissner’s treatment of her father, claiming that Peter Max is in “excellent care. He’s never been treated better in his life.”
In a separate case, Adam Max has been accused of colluding with his father’s business associates, and increasing production of paintings via a throng of assistants. Those works are regularly sold through smaller auction houses and on cruise ships. That suit is not the only example of Adam Max being accused of harming his father. Before she committed suicide, Mary Max, Peter’s wife, accused Adam Max of kidnapping his father for financial gain.
Throughout the legal saga, the one person whom neither the media nor
the courts have heard from is Peter Max, who, by all accounts, remains
in his Upper East Side apartment in Manhattan under Lissner’s care and
who, according to the New York Times, is unable to speak for himself.
Full Article & Source:
Federal Judge Dismisses Libra Max’s Latest Lawsuit To End Guardianship of Her Father, Pop Artist Peter Max
Written by: Brian Niggemann
The bill allows companies that offer mutual funds and similar pooled investments. In doing so, the companies step in when they detect an illegal transaction involving an adult 65 years of age or older or a younger person with disabilities financially.
The measure is a carbon copy of one that passed the House of Representatives in 2021 but was defeated in the Senate. According to AARP research, the average cost of exploitation is $120,000.
In short, the legislation would permit so-called registered, open-ended investment companies, or their agents, to postpone a requested redemption of a security or fund for up to 25 days. These companies can include exchange-traded funds, hedge funds, mutual funds, some annuities, and other pooled investments.
The law gives administrative authorities, courts, and regulators the right to postpone payments further. It would apply to those aged 65 or younger. The Insured Retirement Institute says,
“Bad actors are constantly coming up with new methods to exploit existing law. The legislation would provide people on the front lines to help avoid exploitation.”
The Financial Exploitation Prevention Act of 2023, introduced by Representative Ann Wagner, R-Mo., was passed last month by the House with unanimity of support from both parties. But it is still being determined if or when the bill will be brought up as it is currently awaiting review by the Senate Banking Committee.
Family members take twice as much money as strangers. Elderly persons with cognitive difficulties are more susceptible to exploitation and may experience up to a twofold increase in theft compared to those without these problems.
According to Marve Ann Alaimo, a partner at the law firm of Porter Wright Morris & Arthur:
“The financial industry is waking up and catching on that there are a
lot of people out there who are vulnerable to financial exploitation in
general, especially at a time when many transactions are made over the
phone or online. Ms. Alaimo added, “The aging population is ready for
it.”
Full Article & Source:
Financial Elder Fraud Steals $3B a Year — Congress is Fighting Back
By DREYMA BERONJA
According to the report, all 48 residents of the facility were impacted by insufficient practices that led to the potential for abuse and neglect.
The state also found that out of 17 allegations of abuse and neglect, the facility failed to report eight of them.
LARA said Mission Point did not meet 29 requirements including treating residents with respect; keeping residents safe from abuse, neglect and exploitation; reporting alleged violations; and providing basic life support to residents, which may have led to one resident’s death.
Mission Point of Ishpeming released the following statement on Facebook.
“Upon receiving the report and further internal investigation, we immediately removed three administrative staff members and prioritized Mission Point of Ishpeming with heavy support from our regional care team,” Mission Point’s post said.
A firm representing the Mission Point said the company had no further comment.
LARA said its report was based on observation, interview and record review. It said in part that Mission Point failed to immediately initiate CPR and call 911 in one case, which likely caused serious injury, harm and death to a resident.
The resident referred to in the report as Resident #12 was found half on the floor and the upper body on the bed without a pulse or respiration.
“We have since hired replacements for the key administrative roles,” it said. “While our regional leadership continues to spend a great deal of time with the new administrative team members and on site at the facility to ensure a smooth transition, we have received overwhelmingly positive feedback from our residents, families and staff on the changes. Also, we are aggressively developing our plan of correction and have submitted it to LARA for approval.”
LARA also said the facility failed to allow residents the right to be treated with respect and dignity, including the right to retain and use personal possessions.
For example, Resident #7 was interviewed about the respect and dignity requirement. LARA found this practice resulted in psychosocial harm, fear, increased anxiety, increased insomnia, feelings of insecurity and exacerbation of the resident’s post-traumatic stress disorder.
“A (certified nursing assistant) decided to change things up in my room. She came into my room at night and rearranged my whole room. She threw out a lot of my stuff,” Resident #7 said. “My safety and security has all been shot to hell.”
Resident #7 said the change in her room made her feel violated in some way.
“When I came back, and everything had been changed … I have never had my home invaded. I have to move forward,” Resident #7 said. “I don’t feel safe anymore. I don’t feel as secure as I did before.”
The state also said residents’ right to be free from abuse, neglect and exploitation was not met. Mission Point failed to provide necessary care and services for six residents out of 15 sampled for abuse and neglect.
The report said this resulting in a finding of staff inaction resulted in residents being left saturated in urine and feces. Inadequate nurse staffing resulted in a lack of consistently scheduled showers for residents, delayed medication administration and failure to ensure residents were dressed, groomed and able to get out of bed.
In a phone interview with a guardian of one resident at Mission Point, the guardian said the facility doesn’t have enough staff to take care of everyone.
“I don’t want this facility shut down because then it would just be worse for me, I don’t know what to say,” the guardian said.
When the state asked if the guardian found the resident saturated with urine all the way down to his shoes and soiled with dried feces, she confirmed that was the case.
“We take very seriously our responsibility for and commitment to the health, welfare and safety of our residents. That care starts and ends with strong onsite leadership,” Mission Point said. “Moving forward Mission Point Healthcare Service’s leadership and facility leadership will continue to monitor the plan of correction to ensure substantial compliance.”
To read the full report, visit val.apps.lara.state.mi.us/Files/ViewDocument/58133.
Full Article & Source:
Mission Point Care facility responds to report
A bipartisan bill proffered in the Pennsylvania General Assembly is aimed at strengthening guardianship laws and preventing elder abuse for senior living and care residents and other older adults.
Keystone State Sens. Lisa Baker (R) and Art Haywood (D) recently introduced state Senate Bill 506 to provide alternatives to appointed guardianships. The bill would require courts to automatically appoint counsel to individuals going through the guardianship process; consider other, less restrictive alternatives before imposing a guardianship; and institute training and screening of professional guardians.
“Unfortunately, cases where guardians have stolen or misused money belonging to the people they are legally charged with looking after are not uncommon,” Baker stated. “We must have capable people step in and protect their financial interests.”
Pennsylvania is one of only eight states that does not automatically appoint counsel to represent alleged incapacitated individuals.
The Pennsylvania Assisted Living Association supports the legislation, Executive Director Margie Zelenak told the McKnight’s Business Daily.
“Employees of personal care and assisted living communities are required to complete criminal background checks to work with seniors. These background checks protect the seniors that live in our communities,” Zelenek said. “Guardians can provide oversight for seniors living in our communities; therefore, it only seems plausible that they are also screened for any criminal history records.”
The call for guardianship reform is not new in Pennsylvania. In 2019, a group of legal advocates for older adults called for major changes to guardianship laws following an investigative report that found extensive flaws in the way the state handled its background checks and appointments — leaving many nursing home residents, among others, vulnerable to exploitation. At that time, a single guardian serving more than 100 older adults had been charged with multiple felonies related to stealing from them.
“LeadingAge PA supports efforts to protect vulnerable older adults from abuse and exploitation,” President and CEO Garry Pezzano said. “We encourage lawmakers to engage providers and other stakeholders throughout this process to ensure reforms achieve their desired outcome and allow older adults to receive the care and services they need.”
The Legislature’s Aging and Youth and Judiciary committees heard testimony last week from a judge, attorneys, advocates for older adults and disability rights advocates about the bill. Teresa Osborne, state advocacy director for AARP Pennsylvania, testified in favor of guardianship reforms, stating that AARP state affiliates “have played a key role in the enactment of hundreds of new bills to update state guardianship laws and practices so that guardians are aware of their roles and responsibilities.”
Pennsylvania Health Care Association President and CEO Zach Shamberg said the association also supports the bill “in hopes that it can further support older Pennsylvanians by streamlining the guardianship process — if necessary — and generate family members or appointed guardians who will act in the best interest of an individual who is unable to make decisions on his or her own.
“Not all older adults or adults with disabilities have family members
who can look out for them, and not all family members have the best
interest of their loved one in mind,” he added. “This legislation would
create more avenues in assigning guardianship, but also better training
and screening to ensure we have the right guardians making decisions on
behalf of older Pennsylvanians.”
Full Article & Source:
Bill would tighten background checks for would-be guardians
CORPUS CHRISTI, Texas — A former business manager for a San Antonio nursing home has been sentenced to 10 years in prison for misappropriating funds from Medicaid recipients, a press release from Attorney General Ken Paxton's Medicaid Fraud Control Unit said.
Robyn Nicole Calica, who worked at the Heights on Huebner nursing home, was found to have stolen money from the resident trust fund account at the nursing home and from the personal bank accounts of Medicaid recipients. Overall, investigators found that she had stolen $309,044.
According to the release, Calica previously only pled guilty to one count of second-degree theft. Since then, she has been ordered "to pay $124,690 in restitution to the Heights on Huebner facility and $18,276 to victims’ families."
The case was prosecuted by the Bexar County District Attorney’s Office and was investigated by Lt. Jeff Winney and Capt. Raúl González.
“Fraud will not be tolerated under my watch, especially when it involves vulnerable populations like the elderly and those in nursing facilities,” Paxton said. “We will continue to work together to bring criminals to justice and safeguard the people of Texas.”
The release states that Attorney General Paxton’s Medicaid Fraud Control Unit recovered over $236 million in taxpayer funds in the last fiscal year.
If there is suspected Medicaid fraud or abuse, or patient neglect, it
can be reported it by visiting the Texas Attorney General’s website.
Full Article & Source:
Former nursing home manager sentenced to prison for Medicaid embezzlement
