Assemblywoman Pilar Schiavo, D-Chatsworth, announced that Gov. Gavin
Newsom has signed her first bill, Elder and Adult Abuse Reporting
(Assembly Bill 751), aimed at protecting the safety and well-being of
California’s senior and disabled communities.
AB 751 signifies a significant step forward in combating the
pervasive issue of abuse targeting these vulnerable populations, said a
news release from the assemblywoman’s office.
“I’m so proud that our first bill signed by Gov. Newsom is AB 751,
aimed at protecting the safety of our senior and disabled communities,”
Schiavo said in the release. “This bill earned bipartisan support from
my colleagues in the Legislature because too often, these communities
are targeted and preyed upon. It’s critical that when abuse is reported,
it’s investigated. This milestone achievement represents a collective
effort to prioritize the safety and security of our senior and disabled
populations.”
AB 751 addresses the urgent need for law enforcement agencies to
improve their training and investigative protocols concerning abuse
inflicted on elderly and disabled people, the release said. The
legislation mandates that agencies provide comprehensive information and
training on various types of abuse, ensuring a more informed and
effective response to these distressing incidents.
In California, there are approximately 8.5 million older adults and 9
million people with disabilities, encompassing both adults and
children. These individuals are uniquely susceptible to the harms of
abuse and other serious crimes, which often go unreported,
uninvestigated and unpunished, the release said. Abuse can manifest in
diverse forms, including physical and psychological mistreatment,
financial exploitation and caregiver neglect.
“This is the next, major step toward a revolutionary change in how
law enforcement protects California’s 9 million adults and children with
disabilities and its 8.5 million older adults,” Greg deGiere, with the
Advocates for People with Intellectual & Developmental Disabilities
California, said in the release from Schiavo’s office.
AB 751 also garnered support from both senior and disability groups.
“We want to thank the Legislature and the governor for prioritizing
the health and safety of all Californians, especially our children,
seniors and people with disabilities with the passage of AB 751,” Dwayne
Camp Jr., with the California Alliance for Retired Americans, said in
the release. “This legislation is pivotal to ensure law enforcement is
better equipped with the resources to more equitably protect our most
vulnerable communities and we look forward to continuing our
collaboration with all stakeholders during the implementation process.”
by Jorge Perez, Bruce Adams, Tom Mongellow and Kelly Papa
Connecticut’s elder population has collectively lived lives that have
impressed and awed so many of us. Imagine one person over the age of 80
and what that person has witnessed during a lifetime. Numerous wars, a
Great Recession, so much political turmoil and upheaval. This person has
witnessed and participated in dramatic social change and perhaps played
an active role as technology and innovation have taken us in amazing
new directions, in addition to building a family, a career and a legacy.
This is a person to be honored and revered.
Now consider the fact that there are more than 800,000 of these kinds
of stories in Connecticut. Census numbers show seniors over the age 60
account for nearly a quarter of our state’s population. They are our
loved ones, neighbors, friends, role models and mentors.
This is why
it is particularly disturbing that cases of financial fraud, scams and
exploitation against this treasured population have been on the rise
lately. It is unconscionable to most of us, but there are those out
there who prey on this population and seek to steal their hard-earned
investments and savings. And it needs to stop.
Now consider the fact that there are more than 800,000 of these kinds
of stories in Connecticut. Census numbers show seniors over the age 60
account for nearly a quarter of our state’s population. They are our
loved ones, neighbors, friends, role models and mentors.
This is why
it is particularly disturbing that cases of financial fraud, scams and
exploitation against this treasured population have been on the rise
lately. It is unconscionable to most of us, but there are those out
there who prey on this population and seek to steal their hard-earned
investments and savings. And it needs to stop.
It should be unfathomable to think of this happening, but sadly,
financial exploitation of the elderly has become common. Those who work
with seniors on a daily basis know of many tragic instances where many
seniors have seen their savings depleted and, in some cases, wiped out
entirely simply by placing their trust in the wrong people — a more
common mistake than most think. To sit with someone after this has
happened — someone who has spent a lifetime working, saving and
sacrificing — is as infuriating as it is heartbreaking.
Will this new law stop all instances of financial
exploitation of the elderly? Unlikely. But will it make it much harder
by adding a strong layer of protection and training? It will indeed.
So going forward, for example, when someone walks
into their bank or credit union and makes a request for money from a
senior citizen that doesn’t seem quite right, that person will be
prepared to put the brakes on and halt the transaction until it can be
verified. This will give seniors and their families the peace of mind of
knowing the right people are looking out for their welfare.
These strong new actions were a priority of the
Department of Banking this year because similar legislation had stalled
in previous years. We cannot wait any longer while these stories of
exploitation and targeting of older residents pile up. The stories hit
harder every time we hear them. It is time to do whatever we can to stop
these scams and schemes preying on this vulnerable population. By
empowering both our financial institutions and our seniors with more
avenues to recourse than ever, this is major progress that could set a
national standard.
We need to continue to honor our senior population on a daily basis
for all they have seen, endured and contributed, and all the good they
continue to do in their later years. With this new law coming on the
books, we are doing just that.
Jorge
Perez is the commissioner of the State of Connecticut Department of
Banking. Bruce Adams is president and CEO of the Credit Union League of
Connecticut, which represents Connecticut’s credit unions. Tom Mongellow
is president and CEO of the Connecticut Bankers Association, which
represents the Connecticut banking industry. Kelly Papa is president and
CEO of Duncaster, a nonprofit continuing care retirement community in
Bloomfield.
Ohio is looking to increase nursing home
oversight in the state while stiffening the penalties for ones who
treat patients poorly.
By Josh Croup
COLUMBUS, Ohio (WTVG) - Ohio is looking
to increase nursing home oversight in the state while stiffening the
penalties for ones who treat patients poorly.
The state’s new two-year budget dedicates an additional $1.4 billion to increase the quality of care in nursing homes, the governor’s office says.
The
budget includes money to “dramatically” increase the number of
inspectors in the state to “make sure people are living with dignity in
high quality and safe environments,” Gov. Mike DeWine said.
The budget also stiffens penalties for nursing homes that consistently fail to provide quality care.
“Expectations
are a two-way street,” DeWine said. “If a nursing home takes care of
its residents exceptionally well and is well-staffed, they will be
rewarded with more funding.”
The
governor says the budget also provides nursing homes with more resources
to hire qualified and compassionate staff members, along with technical
assistance to improve their quality of care.
The state is also developing an “easy-to-navigate” website with details about every nursing home in the state.
For people who want to age in their homes, the budget dedicates $40 million to establishing a new Healthy Aging Grants program.
The Yolo County District Attorney's Office, in partnership with the
Yolo County Health and Human Services Agency, are issuing an urgent
public advisory to raise awareness about the alarming increase in
financial scams targeting our elderly population. These scams have
reached an unprecedented level of sophistication, posing a serious
threat to the financial security and overall well-being of our beloved
seniors.
Recent data from the California Department of Justice reveals a
startling rise in financial scams targeting the elderly, with a
staggering 30% increase in reported incidents across the state over the
past year alone. Our own community of Yolo County has unfortunately not
been spared from this troubling trend, with a significant number of our
seniors falling victim to these reprehensible crimes.
These scams have evolved far beyond traditional methods, leveraging
advanced technology and exploiting the vulnerabilities of our seniors.
Fraudsters employ various manipulative techniques, including
impersonating trusted institutions, creating sophisticated phishing
emails, and using coercive tactics to extract sensitive personal and
financial information. It is crucial that our focus be on supporting and
protecting victims rather than criticizing them for having been
victimized by these criminals.
In response to this growing threat, the County of Yolo has taken
proactive measures to combat financial scams targeting our elderly
residents. The Yolo County District Attorney's Office and the Yolo
County Health and Human Services Agency have joined forces to launch a
comprehensive initiative aimed at raising awareness, providing
educational resources, and strengthening community support networks.
Through this collaborative effort, we are enhancing public education
and outreach to ensure that our seniors have the knowledge and tools to
recognize and prevent scams before falling victim. We are also
bolstering efforts to investigate and prosecute those responsible for
preying on our vulnerable population, sending a strong message that such
acts will not be tolerated in our community.
We urge all residents of Yolo County to remain vigilant and to take
proactive steps to protect themselves and their loved ones. Here are
some essential tips to help safeguard against financial scams:
Keep personal information, such as Social Security numbers and banking details, confidential and secure.
Be cautious of unsolicited calls, emails, or messages requesting
personal or financial information. Legitimate organizations will never
ask for sensitive details via unsolicited means.
Regularly review financial statements and credit reports for any
suspicious activity. No legitimate financial institution or
organization will ever ask you to buy gift cards or put money into
cryptocurrency.
Report any instances of scams or fraud to the local authorities
and relevant regulatory agencies. Embarrassment and fear of losing their
independence are often the reason victims do not report these crimes.
When someone falls prey to deceit, DO NOT talk down to them or
treat them like a child. Encourage them to report it and support them in
their recovery from being scammed.
Stay informed by visiting the official websites of trusted
organizations for the latest information on scams and fraud prevention.
The County of Yolo, through this partnership of its dedicated staff,
remains committed to the safety and well-being of our seniors. We
encourage everyone to join us in this critical endeavor by spreading
awareness, supporting those victimized, and remaining vigilant against
these cunning scams. By working together, we can protect the most
vulnerable members of our community and ensure a safe and secure future
for all.
Report any crimes to your local law enforcement’s non-emergency
number. If you suspect that someone is a victim of elder abuse or
financial exploitation, report it to Adult Protective Services (APS) at
530-661-2727 or 1-888-675-1115. If you think the person’s safety may be
at risk, call 911.
Additionally, if you or someone you know is a victim of elder
fraud, we encourage you to call the National Elder Fraud Hotline at
833-FRAUD-11 (833-372-8311).
Complaint cites wrongful death, negligence as claims
LAS VEGAS (KLAS) — The daughters of a woman who died after falling
out of her bed at a Las Vegas nursing home have filed a lawsuit against
the facility, a lawsuit filed Monday said.
Pamela Rumel was 85 when she died on July 11, 2022, according to her obituary.
In June 2022, Rumel was admitted to Silver Hills Health Care
Center, a northwest Las Vegas valley nursing home, the lawsuit said.
The morning of Rumel’s death, she fell out of her bed, causing “her
to suffer a right distal femur fracture and hemorrhagic shock with
generalized weakness, right lower extremity pain, right hip pain, back
pain and death,” the lawsuit said.
Rumel lay on the floor of her room “in extreme pain begging for” help
for 15 minutes, the lawsuit said. She was able to text one of her
daughter for help while on the floor, the lawsuit said. Staff then
transported Rumel to a hospital where she died that evening, the lawsuit
said.
A doctor, whose declaration is provided in court documents, said
Rumel was “assessed to be at significant risk for falls,” adding that
“her underlying comorbidities” and the fall “proved overwhelming” to her
body and led to her death, documents said.
“The standard of care was not met by the staff at Silver Hills
Healthcare Center in development of a care plan with individualized
interventions to prevent this fall with significant injury,” the doctor
said in his declaration. “The fall led to severe pain in her bilateral
lower extremities, particularly affecting her right leg and hip. She
also experienced nausea, constipation, and chills as a result of the
pain.”
The wrongful death lawsuit, filed by attorneys at Bighorn Law, cited
claims of negligence and elder abuse. The civil lawsuit seeks a jury
trial and a minimum of $15,000 in damages, which is standard in Nevada.
Representatives from Covenant Care, which owns the facility, did not immediately respond to a request for comment.
More questions arise as victims wait to hear from the Palmetto State’s supreme court
by Jenn Wood
When Richard Anthony Mogy
died suddenly in a tractor accident on June 8, 2003 at the age of 42 at
his farm in Sumter County, South Carolina, he left behind his wife, Cathy Mogy,
and two children. Cathy, a nurse anesthetist, found herself overwhelmed
with her new role as a widow and single parent – but the Mogy’s were
planners. They had visited popular Florence estate attorney,Gary Crawford, before Richard died.
Richard Mogy was a partner in a property development business – TRC Properties LLC – with his best friend, Tony Hall and Cathy’s brother-in-law, Charlie Walls.
The three partners decided it would be prudent to purchase a life
insurance policy in case something happened to one of them and their
spouses had to buy themselves out of the business.
The three set the policy up and it became effective at the end of May of 2003 — just over a week before Richard Mogy died.
The policy they set up is commonly known as a “key-man” life insurance policy in the amount of $1 million.
A key-man policy is taken out in the name of the company – and the
company is the beneficiary, not the individual members. When Richard
Mogy died, Cathy became the third partner of TRC Properties. Yet she
says she never saw a dime of this insurance money. But as a newly single
mom with no business background, she didn’t know she should be asking
questions.
In late 2022, Cathy Mogy started asking Crawford’s office for a copy
of her late husband’s estate file. A property owned by Summerville
Properties — another business in which Richard Mogy was a partner — was
sold despite her objections. The other partners in the business signed
an affidavit stating that Richard Mogy was never a partner –and Cathy
Mogy was not currently a partner. A statement Cathy states is absolutely
false. Any sale of the property required a unanimous vote from all
partners per the original contract. This affidavit took away her ability
to vote on the decision allowing the property to be sold despite her
objections. Nevertheless, Cathy Mogy’s accountant needed information
regarding the sale from the estate regarding the value of the property
for the purpose of filing her taxes.
Around March 15, 2023 — with the tax deadline nearing — Cathy called
Crawford’s office and demanded her file, stating she would take legal
action if it was not made available to her immediately. Mogy was told
the file would be ready for her review on Monday, March 20, 2023.
If you have followed our ongoing coverage of the Palmetto State’s probate court mess, you know what happened next …
Gary Crawford died by suicide in the parking lot of his law office on Sunday, March 19, 2023.
Like Craig Hanna – who was having similar issues obtaining his father’s estate files from Crawford – Columbia-based attorney Tucker Player
was willing to assist her in recovering the documents. On May 11, 2023,
a process server attempted to deliver a subpoena to Crawford’s law
office for production of the Mogy and Hanna files. To their surprise, Rebecca Crawford – Gary’s wife and long-time legal assistant – refused service.
With no clarity as to the appointed successor to Gary Crawford’s firm, Player filed an emergency petition (.pdf)
for a writ of injunction and appointment of receiver for Gary Crawford
with the S.C. supreme court on May 24, 2023. In this filing, it was
noted that in addition to the question of where the money from the $1 million insurance policy went, Cathy Mogy had obtained her file from Brown Johnson – who claims to be Gary Crawford’s successor – and that what they discovered therein was “troubling“.
For example, contained therein was a deed for a property transferred on May 25, 2004 for $103,632 to Cecil Edward Floyd Jr.
(a.k.a. “Bubby”). When Cathy Mogy looked at her signature on the
affidavit attached to the deed, she realized it was not her signature.
In fact, it didn’t even look like her signature. And the witness who notarized it? Gary Crawford’s wife, Rebecca Crawford.
(Click to view)
(Via: Provided)
“Troubling” indeed …
Mogy’s attorneys stated they are in the process of retaining a
handwriting expert to fully investigate the authenticity of this
signature, but notes considering the evidence, it is not believed this
was a single transaction. The very real concern of the lack of any
attorney currently maintaining and possessing the client files of Gary
Crawford combined with the fact that the woman (Rebecca Crawford) who
notarized what appears to be a forged signature is currently the only
person in the custody and control of all those client files, is the very
definition of a emergency situation.
*****
THE RESPONSE …
On June 5, 2023, attorney Walter B. Todd Jr.–
who represents Rebecca Crawford and the law offices of Gary Crawford –
filed a response which purportedly attempted to clarify some of the
allegations laid out in the motion filed by Mogy’s attorney. Instead of
providing answers, though, the filing brought even more questions to
light.
According to Todd’s filing, Mogy was unsuccessful in obtaining her
file because “she had no active file in March 2023 when Mr. Crawford
died.” Yet in 2017, Gary Crawford drafted and witnessed a power of
attorney for Cathy Mogy. Six years had not elapsed from the time that document was executed and the date when Mogy demanded her file in November 2022.
According to attorneys for the Crawfords, though, the files were destroyed.
According to the S.C. Bar Association’s ethics advisory opinion 02-14,
“a client file is the property of the client, under Rule 1.15 it is
appropriate for the lawyer to retain records of the property for a
minimum of six years after the end of the
representation. File contents should not be disposed of until such time
as it is reasonable to believe that their disposal will not prejudice or
potentially prejudice the rights of the client.”
Despite that six-year period being unelapsed, all the files of Cathy
Mogy in the possession of the Crawford Law Firm had been destroyed.
And the $1 millionlife insurance policy? According to an affidavit submitted by Richard Mogy’s former business partner, Tommy E. Hall, he and the remaining partner in the business received the money.
“After Richard’s death, the proceeds of the policy on Richard were
made payable to myself and Charles Wall who were the named beneficiaries
of the policy. We each received a check in the amount of $500,000.00.”
(Click to view)
Affidavit of Tommy E. Hall (Provided)
As noted, the “key-man” policy on the life of Richard Mogy was
purchased on behalf of TRC Properties LLC – meaning the company was the
beneficiary. This is standard in “key man” insurance policies and is, in
fact, a requirement to qualify for that type
of insurance. Therefore, the benefits should have been paid to the
company – not its individual members.
“Mr. Hall’s affidavit is essentially an admission of theft,” Tucker
Player noted. “He and the other partner took a distribution from the
company without making an equal disbursement to the third partner. That
third partner was either Richard Mogy’s Estate or his sole heir,
Catherine Mogy. Mr. Hall’s affidavit is the first notice of this
unlawful activity and reaffirms the need for urgency in obtaining the
files my client has sought for years.”
According to the attorney, each partner of TRC Properties should have received an equal share of the payout – or $333,333 – including Cathy Mogy as she became the third partner in the business as the heir of her late husband.
As for the forged signature, an affidavit submitted by Rebecca Crawford sought to explain it away as an innocent mistake.
According to Crawford’s affidavit, the deed was prepared for Mogy to sign as the seller – and she confirmed Mogy did
sign it (and she notarized the signature). However, she claimed “it
appears that Cecil Edward Floyd, Jr., whom everyone calls ‘Bubby,’
actually signed the (accompanying) affidavit” – which according to her
did not present a problem as “Bubby” was the purchaser in the
transaction.
Crawford acknowledged in her affidavit that Cathy Mogy’s name should
have been struck through – and “Bubby’s” name inserted in lieu thereof –
but according to her, “any closing with Bubby has always been an
adventure with him talking a lot and telling stories and entertaining
everyone at the table.”
(Click to view)
Affidavit of Rebecca Crawford (Provided)
“This was probably what happened and Gary probably put the affidavit
in front of Bubby, Bubby signed it, and none of us caught the fact that
we actually had Mrs. Mogy’s name printed on the affidavit,” she claimed.
*****
According to Tucker Player, this unsubstantiated excuse for someone
else signing his client’s name on a legal document is unacceptable. He
further noted there was no accompanying affidavit from “Bubby” to affirm
Crawford’s statement – or to compare signatures in an effort to see if
“Bubby” was indeed the mystery signatory.
WHAT HAPPENS NOW?
To date, there has been no response by the S.C. supreme court to any
of the filings made by Tucker Player on behalf of his clients.
Furthermore, no files have been made available for examination as they
were apparently destroyed sometime after Gary Crawford died by suicide.
Player believes the estates of Carlos Hanna and Richard Mogy are
beset with fraud and other illegal actions. Among these actions? The
attempted sale of a home belonging to Carlos’ widow – Georgia Hanna – for $225,000
without notice to any party (or any evidence presented as to the value
of the home). Indeed, the original order from Darlington County probate
judge Marvin Lawson actually stated the sale authorization was being issued “without notice.”
When Player filed a motion with the supreme court to vacate the sale, Lawson vacated his own order,
recused himself from handling Georgia Hanna’s case, recused a
conservator he had assigned to the case and attempted to send the matter
back to Florence County.
Shortly after that, the presiding judge in Georgetown recused herself
from the Hanna case and sent it back for reassignment due to a
conflict.
It has yet to be reassigned.
At this time, there is currently no judge for either probate matter,
and no conservator or guardian for Georgia Hanna who has Alzheimer’s
Disease and resides in an assistant living facility. It is unknown what
will happen if any medical decisions need to be made on her behalf nor
is it known who is paying her bills — including those for both her
living arrangements and her health insurance.
More importantly? It is not immediately clear how widespread these lingering issues are across the state …
After quite a few setbacks affecting both his personal and his professional life, former American Pickers star Frank Fritz seems to have landed a bit of positive news regarding his ongoing conservatorship. The antique-hunting entertainer suffered a stroke in July 2022
that left him reportedly unable to care for himself in various ways,
with a longtime friend stepping in to serve as a guardian. Some
information about Fritz’s current situation went public in the months
since MidWestOne Bank became his conservator, including key details about his financial troubles
and property locations. The latest update involves the financial
institution’s attempt to bring a halt to that particular information
remaining in the public sphere.
As
the conservator in this situation, MidWestOne Bank filed paperwork
specifically requesting that the court seal off the inventory of Frank
Fritz’s financial assets and properties.The request noted that his
status as a celebrity who collects antiques were important factors in
the attempt to remove such information from the public eye, as reported
by The U.S. Sun.
Thankfully for all involved on Fritz’s side of things, the judge who
was assigned to the case gave his approval for those records to be
sealed off.
The request filed in court can be read below:
The Protected Person is a well-known celebrity and collector
of antiques and other diverse items. The inventory and related
documents contain sensitive and private information regarding the
Protected Person’s assets and liabilities as well as their whereabouts.
The Conservator requests that the court allow the inventory and
associated documents to be filed under seal to protect the Protected
Person’s privacy and estate.
It’s not clear how lengthy a decision it was for the judge to make, but it doesn’t seem like there were any big hiccups.
Which
is possibly a great sign in and of itself, since it was just on June 2
when a Notice of Delinquency for Conservatorships was filed, due to a
lack of an inventory report being filed before the agreed-upon due date
of December 12, 2022. There’s a 60-day timeframe from the point when
that notice was filed, at which point things would be taken up a notch
from a legal standpoint. It’s possible that the record-sealing request
was part of the eventual inventory filing, but that’s also not clear.
Here’s hoping this is a step forward among many more in the near future for Frank Fritz, who almost surprisingly reunited with Mike Wolfe over Memorial Day weekend,
despite reports over the past couple of years about feuding strife
happening between the two. While some of that may have been legit in
small bites, their recent reunion made it sound like a lot of that
friction stemmed from working together so closely for so long ahead of a
big drastic change. It was previously reported in early 2023 that Wolfe
and the American Pickers team would be up for having Fritz back on the show
in the future, but that doesn’t seem wholly likely at the moment, at
least not until his health situation takes a major upward turn.
