Guardian May Be Ordered

The Clark County Guardianship Commissioner ordered that Sharoni Dagani, the wife of former Nevada Board of Education member Greg Dagani, be evaluated by doctors to determine whether a guardian should appointed for her personal welfare.

The 50-year-old husband Greg Dagani was called an “undue influence” by Scott Cantor, the lawyer for Sharoni Dagani’s mother, Joan Albstein. Sharoni Dagani, 21, has cerebral palsy and is confined to a wheelchair.

Dagani and her husband had been living in a filthy apartment but have not been updating their whereabouts with officials responsible for managing her personal trust fund and Social Security and Medicaid, according to testimony.

Outside court, Greg Dagani dismissed the allegations as “lies” and said he has never told his wife what to do. He said they are living comfortably in a three-bedroom house.

Source: Guardian might be ordered for ex-board of education member's wife

Removing "Bully" Judge

A Luzerne County judge described as a bully has been removed from office.

Our second-hand study of the case suggests that Judge Ann H. Lokuta had abused her office to such an extent that the Court of Judicial Discipline's report is "scathing."

So - good. She is off the bench.

What is not good is that the case took more than four years to reach its conclusion. Four years is too long.

Full Article and Source:
Judge's removal OK, but it took too long

A county judge described as a bully on the bench was stripped of her office in the longest and most costly judicial ethics investigation in Pennsylvania history.

The Court of Judicial Discipline also banned Luzerne County Common Pleas Judge Ann H. Lokuta from holding any state judicial office in the future.

Lokuta, who attended the hearing, said she would appeal to the state Supreme Court but declined further comment.

Full Article and Source:
'Bully' Judge Banned From Bench After Record-Setting Investigation

The Court of Judicial Discipline voted 6-1 on Tuesday to remove Lokuta from office based on its findings that her behavior on the bench brought disrepute to the office and prejudiced the administration of justice. Lokuta has 30 days to appeal the ruling to the state Supreme Court.

The key issue is whether Lokuta’s seat is truly “vacant” given the possibility that the decision could be overturned on appeal.

Full Article and Source:
Appeal could slow replacing Lokuta

See also:
Lokuta benched

State court bans Lokuta from bench

Ethics board, Sprague rip upstate judge

Luzerne judge vows to fight violations of judicial code

Pa. ethics panel: Judge's behavior 'scandalous'

Understanding Attorney Fees

Consumers spend billions of dollars each year on legal fees. While some are satisfied customers who are getting competent legal help at reasonable prices, many others believe legal fees are way too high and would rather leave a legal problem unresolved than pay for services they cannot afford. As a legal consumer, your best defense against paying more than you should is to educate yourself about legal fees before signing on the dotted line.

To learn more about lawyer fees and tips on how you can lower your legal costs, download HALT’s new guide Understanding Attorney Fees (pdf)

Visit HALT at www.halt.org

or write to HALT for a free copy at:
HALT—An Organization of Americans for Legal Reform
1612 K St NW Suite 510

Washington, DC 20006
202-887-8255

Accused Abusers Not Charged

No criminal charges will be filed against several caregivers whose abuse of an elderly patient at the state-run Emily P. Bissell Hospital was captured on a surveillance camera.

Jason Miller, an attorney general spokesman: "The agency [Delaware Attorney General's Office] is declining to prosecute even though investigations by the hospital and the state's Division of Long Term Care Resident Protection substantiated the allegations."

Three employees were terminated and another two were suspended without pay. Four of the five employees also have been placed on the state's Adult Abuse Registry, a list of caregivers who have substantiated allegations of abuse.

The 75-year-old woman in question was in the Bissell Hospital with a fractured leg after a fall in January 2007. Disagreements between two different factions in her family regarding the level of care being given at Bissell led to a mandatory mediation in October resulting in the appointment of a public guardian.

The guardian requested she be moved to another facility.

Full Article and Source:
Bissell workers accused of abuse face no charges

See also:
Relatives Claim Retaliation

Common Law Marriage Unrecognized

Joe John Sorce never thought it would end this way. In a hospital room with his longtime companion, Mary Clark, as she took her last breaths. He, holding her hand, unable to do anything about it.

The 63-year-old Sorce in recent weeks had fought to keep the woman he calls "my wife of 18 years" on life support at the hospital.

Before she died, a battle would wage over who would decide when Clark would be removed from life support and who would decide, Sorce or Clark's estranged children.

What ensued exemplifies the uneasy reality of end-of-life concerns: the legal, medical, ethical and moral issues that burst into the national consciousness during court battles.

Nevada doesn't honor what Sorce said was a common law marriage, doctors and nurses told Sorce he could play no role in medical decisions on her behalf. Instead, medical authorities twice consulted with the woman's estranged daughter on whether to take her off life support.

Marina Kolias was hired by Sorce in an attempt to get him named as Clark's guardian.

Judge Norheim granted a "temporary special limited guardianship" to Sorce following a hearing, allowing him access to Clark's medical providers. But he refused to give Sorce the authority to make any medical decisions on Clark's behalf.

Sorce said he received word in the late afternoon of Nov. 19 that hospital officials had again received permission from Clark's daughter to withdraw life support.

Clark died early on Nov. 20.

Full Article and Source:
Helpless as companion dies - State law allows estranged daughter to decide woman's fate

"My Dad Has Alzheimer's"

The daughter of Hollywood legend Peter Falk says her father is no longer competent to run his own life because he suffers from Alzheimer's disease and dementia.

Catherine Falk filed legal papers in L.A. County Superior Court claiming her father "requires full-time custodial care for his health and safety."

In the docs, Catherine claims she is worried her father "can easily be deceived into transferring away property" and believes a conservatorship will protect Peter from "fraud or undue influence."

A hearing on the matter is set for next month.

Source:
Peter Falk's Daughter: My Dad Has Alzheimer's

Conservator Cheated Grandmother

Charges have been filed against a man accused of stealing tens of thousands of dollars from his grandmother. Jervon Ware, the grandson, is her court-appointed conservator.

Genesee County Sheriff Robert Pickell says Ware cheated his grandmother out of nearly $37,000. The money was taken over a period of about three years, from social security checks and Catholic Social Service pension checks.

Ware is accused of using the cash buy drugs and alcohol, and to support his girlfriend and her daughter. Pickell says he even purchased two cars using his grandmother's funds.

According to investigators, Ware even remortgaged her home twice to replace the money he was spending, allegedly right before audits were done as part of his court-appointed conservatorship.

Pickell: "The courts placed him in a very trusting position and he violated that trust."

Source:
Man accused of stealing from grandmother

See also:
Grandson charged in warrant with embezzling nearly $37,000 from his grandmother

Judge Defends Probate Court

Protecting People In The Court Of Last Resort
Probate Judges Must Exercise Diligence In Appointing Conservators To Run Others' Affairs
By PAUL J. KNIERIM

Paul J. Knierim is probate court administrator and judge of the Simsbury probate court.

See: Probate Investigation

"Conservatorship and the ability of the Connecticut probate system to handle this important area of the law have become controversial. But the important fact is that some of our most vulnerable citizens would be at great risk of harm without the appointment of a conservator. Although reports about extraordinary cases can help us learn ways to improve, Connecticut's probate courts do an excellent job of handling thousands of these highly personal family matters every year."

Full Article and Source:
Protecting People In The Court Of Last Resort

Do you agree? Or disagree? Be heard with a Letter to the Editor: www.courant.com/writeletter

See also:
Connecticut

Plank Returns Home

After a hard fought probate court battle that fractured a family, 85-year-old Marilyn Plank returned home to Michigan where her former conservator said she is happy to be.

Her return came after Greenwich Probate Judge David Hopper denied a last minute "ex parte" emergency order for a stay filed by one of the daughters who originally brought Plank to Greenwich in 2007, Linda Higgins.

Court records show that Plank had been the object of a family legal battle after two of her daughters moved her from Michigan to Greenwich, leading to a contentious dispute in which the family was split over where she should reside permanently.

Some of Plank's seven children said she was moved to the Greens of Greenwich against her will and forced to stay, while another faction maintained she was moved to receive better medical care.

After a year, Hopper eventually ruled in favor of Richard Margenot's request to return Plank to an assisted living facility in Michigan. Margenot was appointed as Plank's independent conservator to represent her interests in court proceedings.

Full Article and Source:
Court battle resolved as elderly woman returns home

See also:
Probate Judge Frees Woman

Probate Investigation

Probate-Sanctioned Kidnapping