Devin Zielinski, 33, pleaded guilty to grand larceny after stealing
more than $230,000 from an elderly New York state pensioner, officials
announced Friday. His co-defendant, Amber Diacetis, 31, pleaded guilty
to related charges last year.
According to State Comptroller
Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat
Donnelly, and New York State Police Superintendent Steven G. James,
Zielinski and Diacetis posed as live-in caregivers while exploiting the
victim’s finances over several years.
Details of the financial exploitation
The
victim, an 87-year-old widower with no immediate family support,
received $3,526 monthly from his state pension and $2,138 from Social
Security.
From 2018 to 2023, $338,000 was deposited into his
accounts; investigators determined over $230,000 was withdrawn by the
defendants for personal use.
During this period, they neglected
to pay the victim’s mortgage, property taxes, and utility bills, leading
to foreclosure and the loss of his vehicle.
The victim was left living in unsanitary and unsafe conditions, with inoperable plumbing and animal waste inside the home.
Following
intervention by law enforcement, the victim was removed from the home
and placed in a safe living environment. Zielinski has remained at the
property as a squatter during foreclosure proceedings.
Sentencing dates set
Zielinski
pleaded guilty to grand larceny in the third degree before Judge
Jennifer G. Sober in Rensselaer County Court. He will be sentenced on
June 18. Diacetis is scheduled for sentencing on May 20.
Officials
condemned the defendants’ exploitation of a vulnerable senior. “Preying
on a vulnerable senior citizen to steal his hard-earned pension and
social security benefits while forcing him to live in squalor is
reprehensible,” DiNapoli said.
The case was investigated by the
State Comptroller’s Division of Investigations, New York State Police,
Schodack Police Department, and prosecuted by the Rensselaer County
District Attorney’s Office.
A California
man is fighting for his 92-year-old father's rights after he says the
county wrongfully put him under conservatorship - and won't let him
spend his final days with his family.
Howard Rose is under a Ventura County-imposed conservatorship that controls his person and finances - even though his family told Fox 11 they are willing to take care of him at home as they have done in the past.
The family now claims the county put the elderly father-of-one under
conservatorship to cover up medical negligence and gain control of his
finances.
They say the process was
set in motion after a hospital visit last year led to false accusations
that the family abandoned him - allegations that they vehemently deny as
they try to get him back home.
'We had no civil rights; he had no due process,' said Cynthia Rose, Howard's wife.
'These people can just gang up on you and take your loved one - your
dad, your grandma, your mom, anyone. It can happen to anyone and usually
money is involved,' Howard's only son, Andrew, added. 'That's what they
look for.'
Both Andrew and Cynthia
went on to claim that Ventura County has been racking up unnecessary
medical bills by transferring Howard between nursing facilities.
'What floored me was when I saw the first bill,' Cynthia said. 'The
nursing home was more expensive than the one we used in Santa Barbara
and the care was appalling - they had 129 cases of elder abuse there.'
His only son, Andrew, is fighting to bring him home - saying that he and his mother can take care of him
Andrew also said he now fears the county will take the condo the family lives in 'just to pay these bills we don't even owe.'
He explained that the Ventura County Superior Court established the
conservatorship after a judge heard testimony and evidence about his
ailing condition.
But when Andrew tried to speak at a hearing on September 24, he said Judge Roger L Lund denied his request.
At the same time, he said, Assistant County Counsel Mitchell Davis
admitted he never reviewed his father's file - yet still expressed his
intent to issue conservatorship if Howard were to return to the
hospital.
The following month, Andrew
said Jude Lund held another hearing - but only included county
witnesses and omitted the testimony of his father's patient advocate.
The doctor who did speak, Dr. Daniel Cox - who Andrew said put his
father on palliative care without his consent - was then unable to
reconcile contradictions between the nurse reports and his own, the
worried son claimed.
He said that
when he then asked to speak, Judge Lund threatened to remove him from
the courtroom before granting a temporary conservatorship and suspending
his mother's 1999 power of attorney.
County officials then allegedly justified his father's need for a
feeding tube based on failed tests - despite Howard reportedly passing
the only test he was given.
The Ventura County Superior Court established the conservatorship after a
judge heard testimony and evidence about Howard's ailing condition
Andrew and Cynthia said they have since
requested multiple independent evaluations - which the county has denied
each time. They also said the county has denied their request for
in-person meetings.
A spokesperson
for the county, however, has claimed the family was represented by an
attorney 'who was permitted to cross examine witnesses and could have
presented evidence to the court.
'The
conservatorship and all actions taken by the conservator have been and
continue to be under the court's supervision,' the spokesperson said,
noting that it 'denies the family's allegations - there is no coverup.
'Andrew Rose and his mother have recently filed a series of claims with
the county seeking financial compensation for themselves and for Howard
Rose. The county is reviewing those claims.'
In the meantime, Andrew said multiple agencies are reviewing the case for potential fraud.
'Judge Lund's pattern of granting conservatorships without reviewing
powers of attorney or ensuring due process echoes similar complaints
from other families,' Andrew told the news station.
He said the family is now seeking Howard's return home, 'an independent
medical evaluation as required by conservatorship guidelines' and
'transparency regarding the county's financial arrangements with nursing
homes and physicians.'
Howard's wife, Cynthia, asserted that they had no civil rights and her husband had no due process
Thus far, though, Andrew said the family's public records requests for documents have been delayed or ignored.
'We call on anyone else affected by the Ventura County Public Guardian
or the Superior Courts and Probate Division to come forward,' he
pleaded.
'Howard - who survived palliative care after being deemed "too old" for treatment - still begs to come home,' the son added.
'The County's silence, lack of oversight and denial of records only
reinforce our concerns. We challenge them to meet with us publicly and
show documentation of Howard's care and end this pattern of harm toward
the elderly.
'On Easter, we plead for grace: return Howard to his family and stop using the court system to exploit the vulnerable.
'Justice for Howard - and for all victims - demands that Ventura County's corruption and secrecy be brought to light.'
Guidelines for state Supreme Court hearings were developed by stakeholders' group
by Hamilton Kahn
SANTA FE, N.M. — The legal rights of adults with guardians in New Mexico are now in writing.
This
"bill of rights," developed by the Working Interdisciplinary Network of
Guardian Stakeholders (WINGS), will guide the state Supreme Court in
all hearings involving guardianship, a news release from the
Administrative Office of the Courts said.
Among 21 rights, the document gives adults with guardians the right
to be treated with dignity and to take part in all decisions by the
court affecting them, the release said.
WINGS was created by the
court to evaluate New Mexico laws governing guardianship and
conservatorship. Its members include judges, professional guardians and
conservators, health care providers, attorneys, legislators and family
members.
"WINGS believes the Supreme Court's adoption of this bill
of rights will improve the fairness of guardianship proceedings and
help both guardians and people under guardianship understand their
rights and obligations," said WINGS chair and District Court Judge Lee
A. Kirksey.
The next WINGS meeting is scheduled for 2 p.m. on June
13 at the Administrative Office of the Courts in Albuquerque. More
information is available online at adultguardianship.nmcourts.gov.
Longtime Stearns County Board Member Leigh Lenzmeier is under his wife’s temporary emergency guardianship.
By Jenny Berg
The Stearns County Board includes longtime commissioner Leigh Lenzmeier, front left. (Stearns County)
ST. CLOUD – A longtime Stearns County commissioner is stepping down
from his position amid a legal battle with his wife, who recently filed
for emergency guardianship over him due to his cognitive decline.
Leigh
Lenzmeier, 77, submitted a letter to the county on Wednesday stating he
is retiring effective immediately. He served as commissioner for 34
years, making him the the longest-serving county commissioner in Stearns
County and the second longest-serving in the state.
“The
residents I have served, the board members I served with and the staff I
worked with will always be the highlight of my life, and hopefully my
legacy,” he wrote. “This was not an easy decision, or a quick one for me
to make. But, I realize today, it is the right thing to do.”
As
recent as last week, Lenzmeier had said he was determined to finish the
rest of his four-year term, which runs through 2026. A Wright County
judge granted his wife the emergency guardianship in early April as she
argued his rapid cognitive decline was affecting his ability to act as
an elected official.
“This
is all about preserving his dignity and respect — and getting him off
that board," Alice Lenzmeier said last week. “I don’t feel the need for
the whole world to watch him go downhill.”
The
order listed a diagnosis of major neurocognitive disorder, which is
characterized by a “progressive and persistent deterioration of
cognitive function” in which “affected patients often have memory loss
and a partial or significant lack of insight into their deficits,”
according to the National Library of Medicine.
Leigh
Lenzmeier has been residing in an assisted-living facility in Buffalo,
Minn., for about a year and attending meetings virtually. The
guardianship order stated his “memory, executive functioning and ability
to care for himself have been in decline over the past 15 years with
rapid acceleration” in recent years.
The
temporary guardianship lasts 60 days. At an evidentiary hearing
Wednesday, which was closed to the public, a judge heard arguments on
whether to make the guardianship permanent. Leigh Lenzmeier is
contesting the permanent guardianship. The judge is expected to issue an
order in the coming days.
The
County Board had scheduled a special meeting for next week to discuss
the guardianship. County Administrator Michael Williams said Wednesday
that meeting will be canceled in light of Lenzmeier’s resignation. The
board will likely set a special election in November to fill Lenzmeier’s
seat.
At
Tuesday’s meeting, Board Chair Jeff Bertram said he’s received more
correspondence from constituents about this issue than anything else
during his two-year tenure.
“It’s
painful,” Bertram said. “I can’t tell you how many times I’ve cried
about this because it hurts me as a person. But, again, we have to
separate the person from the process.”
Stearns County Commissioner Leigh Lenzmeier has retired from his
position, effective immediately, according to a letter sent to the board
on Wednesday.
She
told 5 EYEWITNESS NEWS that her husband has memory issues and mental
decline. She had asked the board to resign him, but says they never
responded to her request.
Reporter Joe Mazan tried to talk to
Leigh, who lives at a senior living facility in Buffalo in the memory
care unit, but management told him no, saying Leigh is a vulnerable
adult.
Leigh’s letter of retirement says that he is proud of his 34 years of
service as a commissioner, calling it, and all the people he served and
worked with, a highlight of his life and “hopefully” legacy.
He went on to say the decision was not easy, but that he realized it was the right thing to do.
Colin Farrell explains ‘tricky’ decision to put son James, 21, with Angelman syndrome in long-term care facility
Colin Farrell is elaborating on a big parenting decision he made.
The “Penguin” star, 48, revealed in a new interview with Candis magazine
that he and his ex, model Kim Bordenave, put their 21-year-old son
James, who suffers from Angelman syndrome, in a long-term care facility.
“It’s tricky – some parents will say, ‘I want to take care of my child myself’, and I respect that,” said Farrell, per The Independent.
Colin Farrell with his son James. Warner Bros
“But
my horror would be, what if I have a heart attack tomorrow, and, God
forbid, James’ mother, Kim, has a car crash and she’s taken too – and
then James is on his own?” he added. “[He’d be] a ward of the state. And
he goes where? We’d have no say in it.”
Farrell said the former
couple are trying to “find somewhere we like where he can go now, while
we’re still alive and healthy, that we can go and visit, and we can
take him out sometimes”.
Colin Farrell at the 2025 Critics Choice Awards. FilmMagic
Colin Farrell’s son James. Kim Bordenave/Instagram
James Farrell has Angelman syndrome. Kim Bordenave/Instagram
“We
want him to find somewhere where he can have a full and happy life,
where he feels connected,” Farrell shared of his son. “By going out in
the van every day and going to the supermarket and doing the shopping
together. By going to the beach, museums, movies, all that stuff. Just a
connected life.”
Angelman
syndrome is a rare neurogenetic disorder that causes delayed
development and problems with movement, balance and speech, according to
the Mayo Clinic.
James was diagnosed with Angelman syndrome when he was just 2 1/2 years old.
Colin Farrell with Kim Bordenave and his sister Claudine at the 2003 Academy Awards. Getty Images
Colin Farrell and Kim Bordenave in LA in February 2003. GC Images
Last year, the actor launched the Colin Farrell Foundation, which aims to provide support for adult children with intellectual disabilities, in James’ honor.
James Farrell. Kim Bordenave/Instagram
“Once your child turns 21, they’re kind of on their own,” Farrell told People in
Aug. 2024. “All the safeguards that are put in place, special ed
classes, that all goes away, so you’re left with a young adult who
should be an integrated part of our modern society and more often than
not is left behind.”
Colin Farrell at the “Killing of a Sacred Deer” premiere at the 61st BFI London Film Festival in 2017. WireImage
“I remember the first
two questions I asked were, ‘What’s the life expectancy and how much
pain is involved?’” Farrell explained. “And the doctor said, ‘Life
expectancy, as far as we can tell, is the same for you and for me, and
pain, no.’”
Farrell has another son, 14-year-old Henry Tadeusz Farrell, with Polish actress Alicja Bachleda-CuruÅ›.
(KNSI) — On Wednesday morning, an evidentiary hearing was held to
determine whether Alice Lenzmeier’s emergency guardianship over her
husband should be made permanent. However, the judge overseeing the case
denied public access.
The meeting was originally scheduled for Monday, April 21st, but was
postponed to the 23rd after the attorney for Stearns County Commissioner
Leigh Lenzmeier requested the hearing be closed, citing privacy
concerns due to the sensitive nature of the evidence, including medical
records. Lenzmeier’s attorney, Michael Pepin, added that his client
feels some allegations against him are untrue and that, if made public,
they would harm his ability to do his job as a commissioner and damage
his reputation.
Attorney Paul Jeddeloh, who represents Alice, said they support
having a closed meeting because some of the evidence to be discussed
could be embarrassing.
Wright County Judge John Bowen had told the court that he was likely
to grant the request and believed a finding of good cause existed to
close the hearing, but he wanted more time to decide. Bowen issued an
order Tuesday afternoon, stating his decision to close the proceeding is
based on what is in Lenzmeier’s best interests.
According to court records, Commissioner Lenzmeier’s wife was given
emergency guardianship of her husband on April 7th. Filings show
Lenzmeier has been living in a memory care unit at Havenwood of Buffalo
since April 29th, 2024. Before that, he had spent a couple of weeks at
another supervised care facility, Park View Senior Health & Living
in Buffalo. Lenzmeier was taken to the emergency room after falling and
being unable to get back up on March 31st, 2024. He was found by one of
his children. Lenzmeier stayed at the hospital until April 8th and was
discharged on the condition that he be placed at an assisted living
facility.
Alice told the court he had been suffering from declining mental
ability for well over a decade, with a “rapid acceleration” over the
past three or four years. She cited a report written after a
neuropsychology exam in fall 2024, saying Lenzmeier “demonstrated rapid
forgetting” and could not appreciate how disruptive his condition is on
his quality of life. The report went on to say that Lenzmeier needs to
be in a regulated care setting, cannot drive, and recommended that he
step down from his role on the Stearns County Board of Commissioners.
Lenzmeier has stated he believes he can still serve as a commissioner and disputes some of the claims about his mental capacity.
Requests to attend the hearing, which was held via Zoom, and included
local media outlets and Stearns County Attorney Janelle Kendall, were
all denied. Kendall stated in her request that she should be included
because she advises the Board of Commissioners. The media had petitioned
the court for attendance because Lenzmeier is a public official, and it
is in the public’s best interests. Records surrounding his health are
also public; he previously discussed his situation in the media.
A special Stearns County Board of Commissioners meeting has been
called for Monday, April 28th, to discuss and consider action regarding
Lenzmeier’s situation.
SUWANEE, Ga. — Police in Suwanee are searching for a home health assistant wanted for identity fraud and elder exploitation.
Briauna Michelle Powell, of Stone Mountain, has been accused of taking
advantage of a person she was taking care of by using her credit cards.
According to a police report obtained by Channel 2 Action News, a Suwanee officer met with the power of attorney for an 82-year-old victim in February.
The
report said the victim was moved from Visiting Angels in Tucker to
another senior living facility due to the worsening of her dementia and
Alzheimer’s.
On
Feb 8, the person with power of attorney received a fraud alert on her
phone from Truist for a $236.37 charge on the victim’s Mastercard to
Shein.com.
That person declined the charge and submitted it as fraud. The card was in the victim’s purse and was later canceled.
According
to the report, between Feb. 19 and March 6, there were six unauthorized
transitions on the victim’s bank account, including internet payments
to Capital One, with a debit charge of 46 cents.
The power of attorney also had the victim’s Lowe’s credit card statement.
The
suspect racked up a bill of $1,120 between Feb. 10 and Feb. 27. Some of
the items included a mattress, dog potty, motor oil and dinnerware.
The report said the suspect even tried to open an account in the victim’s name.
The power of attorney, along with the officer, stopped by Visiting Angels on March 6 to report Powell’s suspicious actions.
Officers
gather information about Powell, including the times she was scheduled
to work at the victim’s home the weekend of Feb. 7.
Detectives issued a warrant for Powell’s arrest.
She’s
charged with multiple counts of ID fraud and elder exploitation.
Suwanee police believe that Powell used her position as a home health
assistant to get access to the victims’ personal information.
If
Powell has ever worked in your home or with your elderly family member
and you suspect any fraudulent activity, call Det. Zaenglein at
470-360-0689or via email.
Netanya
family’s claim to a $1 million check gifted by a late elderly neighbor
faces fierce opposition from the woman’s heir, who alleges fraud,
manipulation and a decades-long scheme
by Tomer Ganon/Calcalist
A nearly unbelievable story first revealed by Ynet's sister outlet Calcalist over three years ago has taken a new turn — one that appears to hinge on whether the case involves a generous gift or an elaborate fraud.
The saga began in November 2021, when a family from Netanya filed a lawsuit claiming they had cared for and supported their neighbor, G., a widowed and childless woman who lived across the hall from them for about 40 years.
According to the case, during a Rosh Hashanah dinner in 2010, G. handed them an envelope. Inside, to their astonishment, was a check for NIS 4 million ($1 million), allegedly given as a gesture of gratitude for their support.
The father of the family said he hesitated after opening the envelope and soon spoke with G., who allegedly told him it was her final wish for them to have the money and instructed him only to fill in a date and cash it when the time was right. “You are my family,” she reportedly told him. Still, he waited.
Years passed, and G.’s health and mental capacity declined. In March 2017, a court appointed a legal guardian for her after she was deemed unfit to manage her affairs. In June 2021, the neighbor filled in the date and deposited the check. The bank rejected it.
He then approached G.'s guardian, claiming the check was valid and had been held legally. The guardian disagreed, responding in a letter — attached to the lawsuit — that the circumstances suggested “the exploitation of a helpless, lonely elderly woman.”
G. died in March 2022, four months after the lawsuit was filed. Recently, during the ongoing legal proceedings, a man identified as A., the primary heir to G.’s estate under her will, submitted a sworn affidavit. According to official documents, G.’s assets included a rental apartment building in a European country and a pension tied to her dual citizenship.
In his statement, A. said he met G. in 2007 while renovating her home. Over time, he claimed, their relationship grew close, with G. eventually becoming a regular guest in his household. He disputed the neighbors’ narrative, asserting they had never cared for her and that G. had in fact spent that Rosh Hashanah holiday with his family, not theirs.
According to documents submitted to the court, A. managed G.’s needs after her health deteriorated and did so with her request and the guardian’s later approval. Her will included bequests to others as well — such as her housekeeper and her late husband’s grandchildren from a previous marriage, who each received NIS 100,000 ($25,000).
In the will, G. wrote that she had no children and chose not to leave anything to other relatives, saying they had already received “significant property and money over the years” but had shown “no interest in me, other than in a clearly ugly and transparent manner.”
She left the remainder of her estate to A., “who cared for me, looked after my needs and made my final years more pleasant.”
A. also pointed to a clause in the will in which G. wrote: “As I’ve recently been harassed by potential heirs and neighbors trying to inherit from me while I’m still alive, I request that a copy of this will be sent to the Israel Police.”
In his affidavit, A. claimed that “in hindsight, she was likely referring to the plaintiff — the neighbor — who tried to extract money from her during her lifetime. This clause, in my view, nullifies any promise or gift, if such a gift was ever even given.”
