Do You Know Mrs. Brown?

Mrs. Brown was only visiting Atlantic City for a short time when she ran out of blood pressure medication and apparently suffered a seizure. At least, that's how she remembers it.

But her memory is questionable.

It took more than three months for a guardian to be appointed to the woman. Then another four to find out she was JoAnn Brown, born Sept. 26, 1941, in Rocky Mountain, N.C.

Mrs. Brown:
"I'm asking constantly to leave, I'm just totally ignored, as if I have some type of medical disorder."

"I was told I would come over to this place for a short stay,It has been going on for at least five months now."

"I have a lifestyle, Now I just walk up and down the halls, then right back to my room again, sitting there and looking stupid."

Mrs. Brown is an example of what happens when patients with no identification wind up in hospitals.

Dr. Joby Kolsun: "We won't discharge a patient from the hospital until we have a safe plan for that person after they leave the hospital."

Without identification, the hospital cannot get paid. Without a next of kin, medical decisions cannot be made. That's where Edward Tetelman comes in. He is with the Department of Health and Senior Services' Office of the Public Guardian.

First, the hospital must petition for a guardian, making the case that the patient is incapacitated and cannot make decisions for herself. Two doctors make that determination, then the court appoints an attorney.

She doesn't think they would keep her in a nursing home.

Mrs. Brown: "I am still functioning on my own. When I can no longer do that, they have homes for people, and I will gladly go to one. In the meantime, I will continue to function on my own and do as I want to."

Except she insists she is not doing as she wants.

She would like to return to her home, which she says is a rooming house in Capitol Heights, Md. - however, Tetelman said, she also has named Washington, D.C., as a residence.

A return to either does not look likely until she is deemed fit for release or a family member comes forward.

by LYNDA COHEN Staff Writer, 609-272-7257

Full Article and Source:
Woman without I.D. spends year in New Jersey as care centers foot the bill

Nurse Speaks Out

The Milous Keith story ran a couple weeks ago. The article referenced Keith’s saga of being found incompetent by the courts and locked away in an Alzheimer’s ward, only later to be deemed competent and released.

During that time, he lost all his rights, most of his fortune and two years of his life.

The probate court said its actions of placing Keith with permanent guardianship were justified; others argued that a good ol‘ boy system saw Keith’s fortune and went for it. Everyone said a lack of oversight and an overwrought probate court were key problems in the case. And unfortunately, they all agreed it happens far more often than anyone really knows.

A nurse who actually cared for Keith during his “incarceration,” as she called it, said Keith’s stay was “false imprisonment.”

Nurse Carol Montgomery:
"It was horrible, Milous isn’t the only one who’s been treated this way. I’ve seen lots and lots of Milous’s."

"The nurses knew that Milous was having difficulties, but nothing that warranted him being in a locked-down unit."

"While the nurse aides may have been unaware that Keith was actually competent and able to make decisions, the R.N.’s could tell he was in the wrong place, but were powerless to act on it. And any complaints to administration fell on deaf ears."

"Once you’re in the social system, you’re done, because they just don’t care enough to find out what’s really going on."

A call to Adult Protective Services is what landed Keith in the probate court system in the first place. It was only a matter of days before he was signed over to an area law firm that served as the permanent guardian.

Source:
Milous Keith's nurse talks about overwrought social system

See also:

The Lost Years

Arrests in Torture Case

A woman is being held in a San Joaquin County jail, in connection with the torture and kidnapping of a teen reportedly held captive for nearly a year.

Police said that Caren Ramirez, 43, a felon who was the teen's aunt and had a prior warrant for assaulting and abusing the boy, was arrested at an apartment, a few blocks south of the UC Berkeley campus.

Note: another article reported that Ramirez is not the boys aunt but his former guardian. The relationship is not clear at this time.

"Kelly Layne Lau and husband Michael Schumacher, of Tracy, were charged with 13 counts of abuse and former guardian Caren Ramirez was charged with 10 counts. The boy's relation to Ramirez is unclear. Authorities had earlier identified Ramirez as the boy's aunt but said Thursday they had learned she was a family friend that he called his aunt. Probation documents show that Ramirez claims to be the teen's mother, but the San Joaquin County District Attorney's Office said that is not a fact. The office also said that there is no DNA or biological relationship between Ramirez and the teen."
Warrant: Teen Forced To Stay In Fireplace

The boy was abused by his father and placed in the care of Ramirez by CPS in Sacramento County. He was then physically abused by Ramirez who was subsequently charged and sentenced in a plea deal — before being moved into a second foster home. He disappeared from the second home about a year ago.

When he showed up barely dressed and emaciated at the In-Shape Sports Club in Tracy, the boy told employees there he ran away from his second foster home in Sacramento because he wanted to be with his family.

According to court records, Ramirez was convicted in 2007 in Sacramento County of one felony count of inflicting corporal injury on a child. Ramirez also has three outstanding warrants for her arrest out of Sacramento.

Also arrested were Kelly Layne Lau and Michael Luther Schumacher. They are expected to be arraigned on charges of torture, kidnapping, false imprisonment, child endangerment and corporal injury to a child.

Source:
Third suspect in Tracy abuse case arrested in Berkeley

See also:
Video - Lau speaks to ABC7 about torture case

Video - Tracy torture suspects appear in court

In court papers, tortured boy describes life

New Details in Abuse Case of Shackled Teen

Abused Teen's Brother: Life Was a "Horror Movie"

California: The aunt and onetime guardian of an emaciated and shackled 17-year-old boy has been arrested

Uniform Power of Attorney Act

The misuse of powers of attorney to exploit the elderly appears to be on the rise, but a new AARP report says that states can improve protections for older people by adopting a model law that addresses this type of abuse.

For most people, the power of attorney (POA) is the most important estate planning instrument -- even more useful than a will. But while a POA avoids the costly and time-consuming process of having a court appoint a guardian or conservator, it also confers a great deal of authority on the agent. This is why advocates for the elderly often call the POA a "license to steal."

Increasingly, it seems, dishonest agents have been taking advantage of this license. AARP says that adult protective services and criminal justice professionals are reporting "an explosion" of financial exploitation cases of this type against the elderly.

In 2006, the Uniform Law Commissioners, which draft and propose model laws for states, approved the Uniform Power of Attorney Act (UPOAA) to offer states a set of provisions that will protect people who executive POAs and discourage abuse. The UPOAA includes stringent requirements for agents to exercise certain powers and provisions making malfeasant agents liable for damages, attorney's fees and costs.

New Mexico and Idaho -- have enacted the UPOAA and 12 states are considering adopting it in 2009. AARP's study of current state POA statutes found that "a large majority of state laws lack most of the UPOAA's protections for individuals creating powers of attorney."

The AARP report,“Power of Attorney Abuse: What States Can Do About It,” compiled by the American Bar Association Commission on Law and Aging under contract to AARP, offers advocates tips for enacting the UPOAA provisions and includes a list of stakeholders who may want to collaborate in the study and recommendation process.

Source:
AARP Report Says States Have Power to Curb Power of Attorney Abuse

See also:
Power of attorney can victimize elderly - Agents can write checks, sell seniors' property

Family Wants Answers

Eileen Devlin and Maureen Faletti are trying to determine why their cousin was maltreated and neglected while in the care of the New Jersey Division of Developmental Disabilities (DDD).

Devlin and Faletti reached out to 12th District legislators for help in becoming legal guardians for their cousin Tara O'Leary, who died at the age of 29 on Nov. 10. At the time of her death, she was said to weigh only 43 pounds.

"We're looking for answers and we're looking for justice, and we're very concerned regarding other people this could be happening to."

Devlin said as a family, they are trying to figure out how O'Leary could end up in such a bad situation after they were reassured that she was in the care of a DDD caretaker's home.

She said the family was kept away from O'Leary because of the so-called guardian.

Full Article and Source:
Family members search for answers - Cousins turned to 12th District officials for help with guardianship

See also:
Death Prompts Investigation

Snakes in Suits

When Psychopaths Go to Work

In popular culture, the image of the psychopath is of someone like Hannibal Lecter or the BTK Killer. But in reality, many psychopaths just want money, power, fame, or simply a nice car. Where do these psychopaths go? Often, it's to the corporate world. In their new book, “Snakes in Suits: When Psychopaths Go to Work,” Paul Babiak, an industrial-organizational psychologist, and Robert Hare, a psychopathy expert, study office psychopaths. The modern, open, more flexible corporate world, in which high risks can equal high profits, attracts them. They may seem like superstars and corporate saviors, but they can alienate other employees and leave companies in shambles. Babiak and Hare were invited on “Today” to discuss their book.

Source:
Snakes in Suits’ unmasks corporate psychos

Preview:
Snakes in Suits By Paul Babiak, Robert D. Hare

See also:
Profile of the Sociopath

Elder Abuse Victims Act of 2008

H.R. 5352: Elder Abuse Victims Act of 2008

A bill to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.

Bill Text:
Summary
Full Text

Source:
Gov Track - H.R. 5352: Elder Abuse Victims Act of 2008

Profile of the Sociopath

It is impossible for us, as normal human beings with a conscience, to understand how the other half (plus?) lives, to understand how these financial predators operate or look in the mirror and feel good about themselves.

When a sociopath is in the guardianship business or any position of trust as an agent of the court or fiduciary and also, look at some judges, they win - we lose.

From experience and observation, I have concluded that we are surrounded by people who fit the descriptions of a sociopath. Not all sociopaths go criminal, but when they do, look out, they have the advantage as predator over their prey.

In our case, Aunt Helen's temporary guardian fit the profile of a sociopath 100%. In my Victim Impact Statement during the sentencing hearing, I used the term "sociopath", I have no regrets and I was right.

We need to know what and who we are up against, we need to know our enemies.

Here is a brief summary, anyone find the character FLAWS familiar?:

* Glibness and Superficial Charm

* Manipulative and Conning
They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.

* Grandiose Sense of Self
Feels entitled to certain things as "their right."

* Pathological Lying
Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.

* Lack of Remorse, Shame or Guilt
A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way.

* Shallow Emotions
When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.

* Incapacity for Love

* Need for Stimulation
Living on the edge. Verbal outbursts and physical punishments are normal. Promiscuity and gambling are common.

* Callousness/Lack of Empathy
Unable to empathize with the pain of their victims, having only contempt for others' feelings of distress and readily taking advantage of them.

* Poor Behavioral Controls/Impulsive Nature
Rage and abuse, alternating with small expressions of love and approval produce an addictive cycle for abuser and abused, as well as creating hopelessness in the victim. Believe they are all-powerful, all-knowing, entitled to every wish, no sense of personal boundaries, no concern for their impact on others.

* Early Behavior Problems/Juvenile Delinquency
Usually has a history of behavioral and academic difficulties, yet "gets by" by conning others. Problems in making and keeping friends; aberrant behaviors such as cruelty to people or animals, stealing, etc.

* Irresponsibility/Unreliability
Not concerned about wrecking others' lives and dreams. Oblivious or indifferent to the devastation they cause. Does not accept blame themselves, but blames others, even for acts they obviously committed.

* Promiscuous Sexual Behavior/Infidelity
Promiscuity, child sexual abuse, rape and sexual acting out of all sorts.

* Lack of Realistic Life Plan/Parasitic Lifestyle
Tends to move around a lot or makes all encompassing promises for the future, poor work ethic but exploits others effectively.

* Criminal or Entrepreneurial Versatility
Changes their image as needed to avoid prosecution. Changes life story readily.

Other Related Qualities:

1. Contemptuous of those who seek to understand them
2. Does not perceive that anything is wrong with them
3. Authoritarian
4. Secretive
5. Paranoid
6. Only rarely in difficulty with the law, but seeks out situations where their tyrannical behavior will be tolerated, condoned, or admired
7. Conventional appearance
8. Goal of enslavement of their victim(s)
9. Exercises despotic control over every aspect of the victim's life
10.Has an emotional need to justify their crimes and therefore needs their victim's affirmation (respect, gratitude and love)
11.Ultimate goal is the creation of a willing victim
12.Incapable of real human attachment to another
13.Unable to feel remorse or guilt
14.Extreme narcissism and grandiose
15.May state readily that their goal is to rule the world

Source:
Profile of the Sociopath

See also:

From TV to Prison

DHS Worker Charged Again

She is accused of financially exploiting a second vulnerable man.

A former Department of Human Services employee is now charged in two separate Tulsa County felony cases with financially exploiting vulnerable adults.

Prosecutors charged Debra Maxine Roberts, who was a DHS adult protective services specialist, with taking nearly $4,500 in funds belonging to 84-year-old James True.

Roberts was a temporary guardian for True. In her guardian's capacity, Roberts had the authority to use True's finances to pay for his residential care and daily living expenses.

In another case, Roberts was charged in September with financially exploiting Claude Spencer — identified by prosecutors as a 74-year-old mentally disabled Sand Springs man — by converting approximately $5,900 of his money to her own use. Roberts became a temporary guardian for Spencer in 2007.

Full Article and Source:
Former DHS worker charged again

More information:
Ex-DHS employee facing new charge

See also:

DHS Worker Arrested