Bill proposes new office to regulate guardianships across North Dakota

The bill would create an Office of Guardianship and Conservatorship to license and maintain a registry of professional guardians and conservators, among other duties.

Sen. Diane Larson, R-Bismarck, looks over amendments to a bill during a hearing about Senate Bill 2029, which proposes an Office of Guardianship and Conservatorship, in the Peace Garden Room at the North Dakota Capitol on Monday, Jan. 13, 2025.

Tanner Ecker / The Bismarck Tribune

By Grant Coursey / The Bismarck Tribune 

BISMARCK — North Dakota legislators heard testimony on a bill that would overhaul the way guardianships and conservatorships are overseen — something the judiciary has been working toward for more than a decade.

Senate Bill 2029 would create an Office of Guardianship and Conservatorship with broad powers to oversee such matters statewide. The office would license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding for guardianship and conservatorship programs.

Those in support of the bill believe it will address the shortage of guardians and conservators facing North Dakota while enforcing greater accountability. Those in opposition to the bill are concerned it will syphon funds from existing programs.

Chief Justice Jon Jensen said the creation of the Office of Guardianship and Conservatorship was a main priority of the legislative session for the state Supreme Court during his recent State of the Judiciary address.

According to South Central District Judge Cynthia Feland, who testified in favor of the bill, the state currently has no licensing program for professional guardians and conservators, making it difficult to monitor who is claiming to be a professional and what their qualifications are.

South Central District Judge Cynthia Feland gives testimony during a hearing about Senate Bill 2029, which proposes an Office of Guardianship and Conservatorship, in the Peace Garden Room at the North Dakota Capitol on Monday, Jan. 13, 2025.

Tanner Ecker / The Bismarck Tribune

President of the Guardianship Association of North Dakota Margo Haut, who testified against the bill, said that guardians are already required to obtain a national certification from the Center of Guardianship Certification and must be certified by the state courts system to act as a guardian in North Dakota.

Feland said the licensing component of the bill is important because complaints against guardians and conservators are handled on a case-by-case basis in the court system. Feland said this has created instances in which a professional guardian is removed from a case for misconduct without any mechanism to investigate other cases they are handling. The proposed bill would fix this, according to the judge.

“If we now have a procedure for licensing and we can remove them, then notification goes throughout the state to all of the district courts that this person's license has been revoked,” she said.

If a guardian’s license is revoked, Feland said the Office of Guardianship and Conservatorship would be able to find other guardians to step in and take over the cases from the de-licensed guardian.

Donna Byzewski is the program director of the corporate guardianship program for people with intellectual disabilities at Catholic Charities North Dakota. She said during her neutral testimony that she was concerned the budgets of guardianship services would be devastated by legal costs when guardians were brought before the proposed office's review board.

Byzewski did, however, say the bill would give the court tools to protect people in the case of exploitation or neglect by a guardian and remove the offending guardian in a timely manner, something that has taken months -- if not years -- to accomplish previously.

Feland said the judiciary is already preparing to implement the office should the bill pass.

“I don't wait for this stuff to pass. We're doing it now. So as we are speaking right now, we are actually putting together the rules for the Supreme Court to create these things” Feland said. “This is a problem that's been there for over a decade and is getting worse. So the best way, then, to resolve it is to start doing these things right away.”

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Bill proposes new office to regulate guardianships across North Dakota

Elderly woman died after being found unresponsive outside local nursing home

by: Peggy Gallek

WARRENSVILLE HEIGHTS, Ohio (WJW) — Warrensville Heights police are investigating the death of an elderly woman after she was found unresponsive outside of the Avenue Warrensville Care and Rehabilitation Center on Christmas Eve.

The FOX 8 I-Team obtained a copy of the Warrensville Heights police report that states the 84-year-old woman was last seen by a nurse at 8:40 p.m. Dec. 23.

The report further notes that another nurse went to check on the woman at 9:30 p.m. and she was not in the room. The nurse told officers that she “assumed” the woman left the hospital with her brother. She then said she checked the logs and found that no visitors were at the hospital on Dec. 23. The nurse said she then tried calling the woman’s brother but he didn’t answer.

The nurse then told the officer “multiple times that she is a new nurse and was not sure what to do after that,” the report states.

According to the report, about nine hours later the nurse told a coworker about the woman’s disappearance. A few minutes after alerting her coworker a “Code Purple” was issued and the officials searched the facility for the woman. At 7:30 a.m. police were called and sent to the facility.

A short time after police arrived the woman was found outside in a corner of the patio. She was unresponsive. She was taken to the hospital, where she later died.

The report states the officer asked officials for security video from inside the facility. Officials , however, told police the cameras only have views of the common areas and none of the footage showed the woman’s direction of travel, the report stated.

The woman was sent to the facility Dec. 18 for physical therapy. The report noted that she could not walk and was in a wheelchair. Her brother told officers he had talked to her earlier and she said she wanted to leave the facility.

No arrests have been made.

We reached out to officials at Avenue Warrensville Care and Rehabilitation Center to discus the matter and received the following statement:

“We are sorry for death of the resident and have expressed our condolences to the family. This continues to be an active investigation and therefore we are unable to comment further at this time.”

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Elderly woman died after being found unresponsive outside local nursing home

Understanding Adult Guardianship: When and How It Works

by Procino-Wells & Woodland, LLC

January 15, 2025

As we navigate through life, the possibility of becoming incapacitated—whether due to illness, injury, or cognitive decline—can raise important questions about how our affairs will be managed. If such a situation arises and you can no longer handle your own affairs, there are two primary avenues through which someone else can legally act on your behalf: a Power of Attorney or a court-appointed guardianship. Understanding these options is crucial for effective planning and ensuring that your wishes are respected.

Power of Attorney: A Private Solution

A Power of Attorney (POA) is often regarded as one of the most vital tools in estate planning. This legal document allows you to appoint an Agent—someone you trust—to make decisions regarding your financial and legal matters if you become unable to do so yourself. The scope of authority granted in a POA should be broad, ensuring your named Agents aren’t limited in the ways they can support you if the need arises.

Advantages of a Power of Attorney

1. Cost-Effective: Establishing a POA is less expensive than pursuing a guardianship through the court.

2. Privacy: The POA process is private, and the details of your affairs do not become a matter of public record.

3. Choice of Agent: You have the freedom to choose who will act on your behalf, ensuring that your Agent is someone who understands your values and wishes, and that you trust implicitly.

However, if a valid, thorough POA is not in place, or if conflicts arise regarding its interpretation, the need for a guardianship may become necessary.

Guardianship: A Court-Mandated Process

When a person is deemed incapable of managing their affairs and a POA is insufficient or non-existent, a guardianship may be sought through the Court of Chancery. This is a more formal and public process that involves several steps and requirements.

How Guardianship Works

1. Petitioning the Court: A person wishing to become a guardian must file a petition with the court. This petition typically requires medical and other evidence demonstrating that the individual is indeed incapacitated. Formal notice of the pleadings must also be given to all interested parties.

2. Appointment of Attorney Ad Litem: The court appoints an attorney to represent the person with an alleged disability. The attorney ad litem’s role is to confirm to the court that the person needs a guardian and that the petitioner is the best candidate for this role.

3. Court Assessment: The court will evaluate the evidence presented, and if it finds that the individual cannot manage his or her own affairs, it will appoint a guardian. This guardian can be responsible for the person’s health and personal care, financial matters, or both.

4. Ongoing Oversight: Once appointed, the guardian is required to submit annual accounts to the court throughout the duration of the guardianship, providing updates on the incapacitated person’s health and financial status. This oversight ensures that the guardian acts in the best interests of the individual.

Disadvantages of Guardianship

1. Public Proceedings: Unlike a POA, guardianship proceedings are public, which means personal income and asset information is exposed. Related and interested parties must also be publicly notified and receive copies of the pleadings.

2. Potential for Disagreement: The court may appoint a guardian who is not your preferred choice, potentially leading to conflicts among family members or friends.

3. Cost and Complexity: Guardianship can be a lengthy and costly process, often requiring legal assistance to navigate court filings and hearings.

Choosing the Right Option for You

While a Power of Attorney is generally the preferred method for ensuring your affairs are managed according to your wishes, it is essential to have it in place well in advance of any potential incapacity. If a POA is not established, if it is not thorough and comprehensive, or if complications arise, guardianship may be the necessary route.

At Procino-Wells & Woodland, LLC, we understand the complexities of guardianship proceedings. Our team provides knowledgeable guidance and representation throughout the process, ensuring that your interests are safeguarded. We aim to assist you with compassion and respect, helping you navigate these important decisions with clarity and confidence. Your future is important, and we’re here to help you plan for it.

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Understanding Adult Guardianship: When and How It Works

Wendy Williams denies she's 'cognitively impaired,' says guardianship feels 'like I'm in prison'

Williams appeared on 'The Breakfast Club' and spoke about her guardianship

By Caroline Thayer

Wendy Williams sobbed on the phone from the New York care facility where she is currently residing, detailing the duress she's been under since entering into a guardianship, in a new interview.

"I am not cognitively impaired, you know what I’m saying," she said in an interview on iHeartRadio's "The Breakfast Club" Thursday morning, where she was joined by her niece, Alex Finnie. In February 2024, Williams' team announced she'd been diagnosed with both progressive aphasia and frontotemporal dementia (FTD).

"I feel like I’m in prison," the 60-year-old admitted on the radio program.

"I’m in this place where the people are in their 90s and their 80s and their 70s," she continued. "There’s something wrong with these people here on this floor." 

She detailed the extreme supervision she was under, sharing that while she could make outgoing phone calls, people were not allowed to call her. 

"Where I am… you have to get keys to unlock the door to press the elevator to go downstairs, first of all. Second of all, these people here, everybody here is like nursemaids, so to speak," she said, explaining that staff just doles out medicine. Williams admitted she isn't privy to what she's taking. "Excuse me, doctor, can you tell me what this pill is for?"

"For the last three years, I have been caught up in the system," Williams added, saying that she'd spent her last three birthdays alone. "This is what is called emotional abuse."

The conversation took a turn when Williams expanded on restrictions, starting to sob at the thought of not being able to travel to Miami to celebrate her father's 94th birthday next month. "At 94, the day after that is not promised."

She said through tears, "My life is like f---ed up?"

In February, Williams' team publicly shared the depths of her health struggles.

"As Wendy's fans are aware, in the past she has been open with the public about her medical struggles with Graves' Disease and Lymphedema as well as other significant challenges related to her health," a public statement from her team read. Williams had taken several absences from her talk show, "The Wendy Williams Show," beginning in 2017 after fainting on air. During an episode in 2019, she revealed she was living in a sober house. 

"Over the past few years, questions have been raised at times about Wendy's ability to process information and many have speculated about Wendy's condition, particularly when she began to lose words, act erratically at times, and have difficulty understanding financial transactions," the statement continued.

"In 2023, after undergoing a battery of medical tests, Wendy was officially diagnosed with primary progressive aphasia and frontotemporal dementia (FTD). Aphasia, a condition affecting language and communication abilities, and frontotemporal dementia, a progressive disorder impacting behavior and cognitive functions, have already presented significant hurdles in Wendy's life."

Days later, Lifetime aired a documentary called "Where Is Wendy Williams?" which followed the talk-show host after her show had been canceled in pursuit of starting a podcast. In the documentary, she detailed her issues with substance abuse, condemned her guardianship and progressively became "more aggressive" in interactions with others.

In Thursday's interview, Williams confirmed that she had seen the documentary – something her guardian had suggested. Throughout the interview, she balked at the notion she was "cognitively impaired and incapacitated."

"How dare? Do I seem that way? God d--- it," she said.

A representative for Williams did not immediately respond to Fox News Digital's request for comment.

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Wendy Williams denies she's 'cognitively impaired,' says guardianship feels 'like I'm in prison'

See Also:
Wendy Williams

Wendy Williams Speaks Out Against Guardianship: “I Feel Like I’m in Prison”

The former daytime talk show host added, "I am not cognitively impaired," despite being diagnosed with aphasia and frontotemporal dementia.

by Hilary Lewis

Wendy Williams called in to The Breakfast Club Thursday morning to speak out against her guardianship.

The former daytime talk show host, who has been under a guardianship since 2022 and was last year diagnosed with aphasia and frontotemporal dementia, said, “I feel like I’m in prison.”

“I am not cognitively impaired, you know what I’m saying? But I feel like I’m in prison,” she added. “I’m in this place where the people are in their 90s and their 80s and their 70s … There’s something wrong with these people here on this floor.”

Breakfast Club host Charlamagne Tha God said Williams was calling in because she was “trapped in a conservatorship” and couldn’t leave her current location.

Williams checked into an unknown facility in April 2023 after being placed under the care of court-appointed caregiver Sabrina Morrissey. Morrissey alleged in late 2022 in a New York court that Williams was of “unsound mind,” leading bank Wells Fargo to petition to have Williams placed under temporary financial guardianship.

Williams, who was the subject of the controversial Lifetime docuseries Where is Wendy Williams? last year, was joined on the show by her niece Alex Finnie, who also called in. Finnie said the facility is high security and, consistent with past reports about Williams being unreachable, added that Williams can only make calls, no one can call her.

“They won’t allow you to leave or have visitors,” she said. “So you can’t even leave and take a walk if you wanted to, or take a trip or visit family members.”

Finnie added, “That’s been the reality since 2023. She’s sitting in that room that she’s sitting in, she’s there every day, all hours of the day, every week, every month, she’s not getting proper sunlight. I went to New York in October to visit her. And the level of security and the level of questions that there were in terms of, ‘Who am I? Why am I here? What’s the purpose?’ I mean, it was absolutely just horrible.”

As for the documentary, Williams said she and Morrissey watched it together and that, “she was the one who wanted to do that.”

She continued, claiming that her situation amounts to “emotional abuse,” “What do I think about being abused? Look, this system is broken, this system that I’m in. This system has falsified a lot.”

Finnie continued to advocate for her aunt, saying she “sounds great.”

“I’ve seen her, in a very limited capacity, but I’ve seen her and we’re talking to her. This does not match an incapacitated person,” Finnie said. “And that’s why we say she’s in a luxury prison, because she is being held and she is being punished for whatever reason that other people are coming up with as to why she has to be kept in this position.”

Williams said her phone had been taken away and that she cannot make purchases and has to have someone get everything for her. She wants to visit her 94-year-old father for his birthday in February but is afraid her guardian won’t let her go.

“At 94, the day after that is not promised,” she said, as her voice grew increasingly emotional.

Finnie, who said the family is afraid Williams will be moved without notice or the ability to contact her, also indicated they were speaking out despite concerns of possible retaliation from Williams’ guardian.

“I said, ‘You know, we do this, you’re ready for what’s on the other side?’ And as she said, ‘I have to do this. There’s nothing else I could do at this point,'” Finnie said. “What you’re hearing now is a few-minute clip of what we’ve been dealing with for the last several months and the last two, three years.”

Morrissey sued to try to prevent the release of the docuseries but a judge dismissed the request, citing the First Amendment. The four-hour-plus project, which aired across two nights on Lifetime, showed Williams’ increasingly fragile state after the June 2022 cancellation of her talk show, documenting her life for the better part of a year as she struggled with family, fame and excessive alcohol consumption.

Filming stopped when she checked into an unknown facility, and Where Is Wendy Williams? producer Mark Ford told The Hollywood Reporter last year, “We were more worried about what would happen if we stopped filming than if we continued.”

At the time, shortly after the doc aired, producers indicated that she hadn’t seen it.

“We simply have had no way to get it to her to see it,” Ford told THR. No way to screen it with her, because she’s locked down in a facility and we haven’t been able to speak to her since we wrapped filming.”

But he added that he and his team had conversations with Williams behind-the-scenes as they were filming about what they wanted to show.

Williams was credited as an executive producer on the project as part of a three-picture deal with Lifetime.

After her initial attempts to block the release of the docuseries, Morrissey, acting in her capacity as Williams’ guardian, sued Lifetime’s parent company A+E Networks in March, saying the contract to shoot the documentary wasn’t valid since Williams didn’t have the legal or mental capacity to authorize her participation in the project and was allegedly told it would be “positive and beneficial” to her image.

In September, a newly revised complaint over the documentary asked that all profits from the project be used to fund Williams’ medical care. 

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Wendy Williams Speaks Out Against Guardianship: “I Feel Like I’m in Prison”

NY – AG James to Probe Guardianship Programs

by nycaribnews

According to sources familiar with the inquiry, New York Attorney General Letitia James is looking into how several guardianship groups handle the financial and medical matters of elderly and infirm New Yorkers who are judged incapable of taking care of themselves.
The investigation, which is chaired by attorneys in the office’s charities section, comes after a year-long series that showed that some guardians took use of their positions for personal benefit, while others disregarded their vulnerable clients.

Judges frequently rely on guardianship agencies to look after the so-called unbefriend, or those who have no family or friends to care for them. Nevertheless, there is little control, authorities hardly ever visit wards, and the courts mostly use financial records to determine well-being. This oversight has resulted in neglect, abuse, and fraud.

New York Guardianship Services (NYGS) is one of the organizations under scrutiny. More than a dozen patients, including an elderly woman housed in a run-down house, had their requirements not met. NYGS fraudulently reported her living circumstances as “appropriate” while collecting $450 a month from her little salary. Following the discovery of this carelessness, a judge mandated that NYGS pay the lady $5,400. Even after an old man passed away and left the country, NYGS continued to collect money from him.

Although company officials have refused to comment on individual customers, they have stated that court-appointed examiners, who have the power to raise concerns, examined their work. But because there aren’t enough examiners in the system, monitoring is delayed and yearly exams take years to finish, which deprives judges of important data.

Despite not being recognized as a nonprofit by state and federal authorities, NYGS promoted itself as one. The attorney general’s office has previously looked into guardianship cases. It investigated Integral Guardianship Services ten years ago for fraudulently lending enormous sums of money to its senior executives while wards languished in nursing homes for longer than necessary. After the lawsuit was settled, Integral closed, giving hundreds of wards to other groups like NYGS. Investigations into NYGS and other successor organizations are currently underway. Amid mounting pressure on lawmakers and court officials to reform the guardianship system, the investigation was announced. To maintain a network of seasoned NGOs that help the unfriended, advocacy groups are arguing for more funding.

It’s unclear what Governor Kathy Hochul will say about guardianship before the legislative session begins. $1 million for a statewide guardianship hotline was allocated in last year’s budget. NYGS executives and the attorney general’s office have not responded to inquiries about the investigation. Guillermo Kiuhan, a lawyer for a former NYGS ward, hopes the inquiry will result in the authorities taking action to resolve the issues and stop more problems.

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NY – AG James to Probe Guardianship Programs

New York Attorney General Launches Investigation of Guardianship Providers

by Jake Pearson

New York Attorney General Letitia James is investigating about a half dozen guardianship organizations and how they manage the health and financial affairs of hundreds of elderly and infirm New Yorkers deemed incapable of looking after themselves, according to people familiar with the matter.

The inquiry, which is being conducted by lawyers in the office’s charities bureau, follows a yearlong series by ProPublica that revealed how some guardians neglected the vulnerable clients entrusted to their care, while others used their court-appointed positions to enrich themselves at their wards’ expense.

Judges often rely on guardianship companies to care for the so-called unbefriended, people who don’t have friends or family able to look after them. Oversight of these guardians, however, is scant, with officials rarely visiting wards to check on their care. Meanwhile, the courts that appoint the guardians rely largely on financial paperwork to determine a person’s well-being. That dynamic, the news organization found, has resulted in fraud, abuse and neglect of the state’s most vulnerable.

Among the groups investigators are scrutinizing is New York Guardianship Services, which was featured in ProPublica’s work, said one of the people familiar with the state probe, who, like others, spoke on the condition of anonymity to discuss a sensitive law enforcement action.

ProPublica found NYGS had failed to meet the needs of more than a dozen people entrusted to its care, including an elderly woman whom the company placed in a dilapidated home with rats, bedbugs and a lack of heat. NYGS collected $450 a month in compensation from the woman’s limited income while stating in reports to the court that her living situation was “appropriate” — even as internal company records and her own emails showed that she’d repeatedly complained about the conditions.

After ProPublica’s first story was published, a judge ordered NYGS to pay back that ward $5,400, representing about a year’s worth of fees, writing that the company had provided “minimal services, if any” during that time.

In another instance, ProPublica reported that the company collected monthly fees from an elderly man even after he’d left the country — and also after he died.

Company executives have declined to answer questions about specific clients but previously told ProPublica that NYGS was accountable to the court and that its work was scrutinized by examiners, who are empowered to raise any issues.

But ProPublica’s investigation found that there are too few examiners in the system to provide timely and thorough oversight. There are just 157 examiners responsible for reviewing the reports of 17,411 New York City wards, according to the court’s most recent data. And there are roughly a dozen judges to check their work. As a result, ProPublica found that annual assessments detailing wards’ finances and care can take years to complete, depriving judges of critical information about people’s welfare.

The courts have similarly taken a light touch to vetting guardianship providers. ProPublica found that though NYGS presented itself as a nonprofit, it hadn’t registered as such with state and federal authorities.

The attorney general’s investigation is not the office’s first foray into the guardianship world. A decade ago, the same unit investigated a nonprofit guardian called Integral Guardianship Services, ultimately finding the group had improperly loaned its top officials hundreds of thousands of dollars while its wards unnecessarily sat in nursing homes, according to court records. To settle the case, Integral agreed to various reforms, paid back the loans and brought on a management consultant, the Harvard Business School Club of New York, to review its systems, operations and finances.

Even so, Integral shut down just a few years later, stranding hundreds of wards whose cases were absorbed by other nonprofit groups and private lawyers. Among them was NYGS, which was founded, in part, by Integral’s former director of judicial compliance, Sam Blau, who wasn’t named in the attorney general’s lawsuit. Other Integral employees also remained in the guardianship business, starting their own groups or working as court-appointed fiduciaries, court and tax records show.

Some of those successor businesses are now among the entities state investigators are examining, the people familiar with the attorney general’s investigation said.

NYGS executives Sam and David Blau did not respond to an email seeking comment. Neither did the attorney general’s office.

News of the attorney general’s investigation comes as court administrators and Albany legislators face increased pressure to fix the guardianship system. Court officials have said they need more money to address the problems and announced last fall that they were appointing a dedicated special counsel, as well as a statewide coordinating judge, to oversee reforms.

Advocacy groups have mounted their own lobbying campaign, pressing Gov. Kathy Hochul and legislative leaders to commit $15 million annually to support a statewide network of nonprofits experienced in handling government contracts to serve the unbefriended. Another proposal, put forth by an advisory committee to the state court system, has advocated for the creation of a $72 million independent statewide agency to serve as a public guardian.

It’s not clear what Hochul, a Democrat, foresees for guardianship ahead of the upcoming legislative session. She’ll present the executive budget later this month. Last year’s $229 billion spending plan included just $1 million to fund a statewide guardianship hotline. A spokesperson for her office did not respond to questions about her funding plans or for comment on the AG’s probe.

Guillermo Kiuhan, an attorney for the former NYGS ward who has since died, said he was encouraged to hear the company may have to answer for what he said was outright theft. He has been trying to get NYGS to reimburse the ward’s heirs for the thousands of dollars the company took as compensation while his family provided for his care in Colombia. So far, the efforts have been unsuccessful. The Blaus didn’t respond to questions about Kiuhan’s claims.

“We are very frustrated,” he said in an interview. “Hopefully this is an opportunity to get the authorities involved … and not have more people with the same problem.”

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New York Attorney General Launches Investigation of Guardianship Providers

2 nurses charged after non-verbal patient dies from injuries sustained in ‘scalding hot’ bath

By WDTV News Staff

TERRA ALTA, W. Va. (WDTV/Gray News) - Two nurses have been criminally charged in West Virginia after a non-verbal patient died due to injuries sustained from a “scalding hot” bath.

Larry Hedrick, 61, was left submerged in 134-degree water for 47 minutes on Jan. 4, 2024, at the Hopemont Hospital in Terra Alta, according to West Virginia Attorney General Patrick Morrisey.

Kylah Beard, a certified nursing assistant from Morgantown, and Delilah Clayburn-Hill, a registered nurse from Buckhannon, have each been charged with felony neglect of an incapacitated adult by a caregiver resulting in the incapacitated adult’s death.

The investigation showed that Beard helped Hedrick into a tub to give him a bath and failed to check the water temperature gauge. She then left the man, who required around-the-clock care, in the water for 47 minutes, officials said.

The lengthy exposure to the scalding hot water caused second- and third-degree burns and blisters on the man’s feet and legs.

Investigators determined that Hill was informed about the burns and blisters, but failed to implement appropriate treatment and therapy for his injuries, including but not limited to the use of pain medication.

Hedrick was later taken to West Penn Hospital Nursing’s burn trauma unit and died due to his injuries on Jan. 12, 2024.

The Attorney General’s Medicaid Fraud Control Unit investigated the case and recommended the charges, which will be prosecuted by Preston County Prosecuting Attorney Jay Shay and his team, officials said.

Investigators said they focused on the alleged actions taken by those individuals who provided “hands-on” care to Hedrick on Jan. 4, but they are continuing to investigate other individuals who did not provide “hands-on” care to Hedrick on that date and who may have violated the state’s criminal statutes.

“This is a very disturbing case and there needs to be accountability for the horrific death of the victim, Mr. Larry Hedrick, who was supposed to be under the care of medical professionals,” Morrisey said. “Our MFCU investigators and our office will assist Prosecutor Shay and his team in any way we can to make sure justice is served.”

Beard and Hill will have their initial appearance in Preston County Magistrate Court on Jan. 29.

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2 nurses charged after non-verbal patient dies from injuries sustained in ‘scalding hot’ bath

Contractors, handymen, loan brokers, even family can scam older homeowners. What to know

By LEW SICHELMAN Andrews McMeel Syndication

Every few years, federal regulators issue warnings to banks and credit unions about the dangers of senior financial abuse. But it isn’t just up to financial institutions to spot instances of potential fraud. It’s also up to anyone with a family member or friend who’s getting up in years — especially if they own their home.

 Older homeowners are a prime target for swindlers, and it’s easy to see why. Not only are seniors viewed as vulnerable and trusting, but homeowners 62 and older are sitting atop roughly $14 trillion of housing wealth.

Unfortunately, an AARP report says that older adults lose around $28.3 billion annually to some form of financial exploitation. And the Financial Crimes Enforcement Network, part of the U.S. Treasury Department, says banking institutions filed more than 155,000 elder financial victimization reports in the 12-month period ending in June 2023. 

These reports don’t break out figures related solely to the housing sector. But financial exploitation can take many forms, as do those who prey on unsuspecting seniors. Sometimes, for example, rogue loan officers or real estate agents persuade an elderly homeowner to sign false loan documents and keep the proceeds for themselves. Sometimes, they even take over the senior’s house. 

More often, though, the culprit is a family member. Verified cases by the New York State Office of Children and Family Services found that two-thirds of elderly fraud perpetrators were family members. Sons are most likely to rip off a parent or grandparent, according to a MetLife study. But fake paramours, fly-by-night contractors, bogus handymen and shady housing professionals are guilty, too.

Most mortgage lenders, real estate professionals and contractors act lawfully. But some don’t. In one instance, a loan broker persuaded a widow with dementia to take out a reverse mortgage on her house. In another case, a tax preparer took total control of all the assets of a 65-year-old client.

In yet another, a popular hairstylist persuaded three women to let him manage their real estate investments. When one died, it was discovered that he had depleted her bank and investment accounts, and her home now belonged to him. 

The message here is clear: If there is an elder in your life who is considering a reverse mortgage, home equity loan or some other type of financing, or is even just hiring someone to remodel a kitchen or bath, gently talk to them about their plans. Make sure it makes financial sense. 

This, of course, assumes your senior is willing to discuss their financial situation; many keep that information private for fear of losing their independence. But if you can get them to open up, talk about the pros and cons of their plans together. In situations involving reverse mortgages, in which borrowers extract equity from their properties, federal rules mandate that borrowers meet with an independent housing counselor for a full explanation of what is involved. But there are no such protections for other types of loans or for dealing with contractors.

Consequently, you should make sure your senior knows exactly what they are getting into. 

Here are a few questions to ask to make sure they aren’t being exploited: 

▪ Find out who is really going to benefit: the senior, or someone else. Red flags include caregivers who isolate elders from their family and friends, new “best friends,” missing belongings, and bank and investment statements that are no longer being received by the senior. In one case, a woman established a joint checking account to help another woman she’d befriended in a senior computer class pay her bills. Only after one of her checks bounced did she discover most of her money was gone. In another instance, a caregiver in a group home diverted the Social Security checks originally sent to more than 30 residents to her own home.

▪ Try to determine if the senior is being coerced, and if so, by whom. Be particularly aware of in-home helpers, including personal care attendants and meal service providers, who have access to the senior’s financial papers and identifying information. Pay special attention to those hired directly from newspaper ads or referral services that are not screened by a local government agency. In one case, a caregiver hired by an 84-year-old bedridden senior forged the senior’s signature to create a false power of attorney. The caregiver then proceeded to put his name on the senior’s accounts and replace the senior’s home address with his own. Luckily, the senior took action when he realized he was no longer receiving monthly bank statements. 

▪ Determine if the senior’s needs can be solved in another way. For example, there are several alternatives to a reverse mortgage, and there may be other choices besides a second mortgage to pay for a needed remodeling project. If this is beyond your area of expertise, consider calling in a trusted or recommended professional for advice.

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Contractors, handymen, loan brokers, even family can scam older homeowners. What to know