Tuesday, May 12, 2009

Record Number of Complaints

A record number of complaints were filed against judges in New York for the second year in a row, according to a report issued Friday.

The report from the state Judicial Conduct Commission found that 1,923 complaints were received last year, 212 more than the year before.

The commission decided to remove one judge from office, censure eight and publicly admonish six others. Another six judges resigned last year while they were being investigated and agreed not to seek judicial office again.

Since the commission was created by the Legislature in 1975, it has received 39,457 complaints and removed 157 judges from office. Another 421 resigned while under investigation.

Full Article and Source:
Complaints against N.Y. judges reach record levels

Human Rights Group Meeting

A human rights organization will review complaints people with disabilities have made against certain agencies in northwest Illinois.

The Peoria Regional Human Rights Authority of Illinois Guardianship and Advocacy Commission will meet at 1 p.m. May 20 at the Robert Young Center, 2200 Third Ave., Rock Island.

The Peoria commission is investigating cases in Peoria, Rock Island and Tazewell counties.

Anyone who believes the rights of a person with disabilities is or has been violated, may call the commission at (309) 693-5001. Complainants names are confidential.

Source:
Human rights group will hear complaints

More information:
Illinois Guardianship and Advocacy Commission will meet at Robert Young Center May 20

Monday, May 11, 2009

Never Give Up

Lifelong NY resident, WWII vet, teacher, worker, inventor...

On a visit to daughter in Ct. (2005) Dan Gross became embroiled in the Ct. Probate System where the judge, denied him his constitutional rights, although he begged for them.

The judge went on to give Dan to a conservator who had him locked up in a nursing home, even though it was not the highest level for him, had him forced medications, refused him his own doctors, his own choice of lawyers, prevented him from seeking aid of any advocacy groups, denied his right to visitors, family, stripped him of all assets, put his house up for sale - all his worldly possessions disappeared.

How can this happen?

In 2006, due to the efforts of some incredible high-minded people, they fought for, and won the freedom of this 86 year old man.

Connecticut Conservatorship

In 2007 the legislators changed the law to protect the rights of others. 2007 - Recent Developments in
Connecticut Conservatorship Law


Those we have the utmost gratitude for are Atty. Veronica Halpern (Htfd. Legal Aid), Rick Green of the Hartford Courant, Atty.John Peters, who worked pro-bono to free Dan, Atty. Marilyn Denney (Htfd. Legal Aid), Eric Zager of Fox 61 News, Royal Stark of Quinnipiac Law School and the students who helped, Tom Berrant of CTLegal Project and others, Dan's friends, and finally the outstanding judge of Superior Court, Judge Gormley, who restored justice and freedom to Dan Gross.

With Law, Justice is Conserved

Reform, Not Now, Not Ever

The Scandal of Connecticut's Probate Courts

We thank God above all and for putting these wonderful people in our path to overcome this perverse system that preys on the vulnerable. Symbol of Hope



Dan said this was always about the money--he was right.

He also said, "Never give up"--we won't! Petition by Dee King

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Legal Abuse of Octomom?

Gloria Allred has filed a petition in an Orange County Court, alleging that Nadya Suleman, the Octomom that most of us are quite tired of hearing about, is taking advantage of her spawn and raking in money without proper consideration of their interests.

Attorney Allred requests that the court appoint a guardian, and a separate theatrical agent, to ensure the Octo kids receive their share of any money earned by their fame.

The petition is filed on behalf of one Paul Petersen. Paul played young Jeff Stone on the Donna Reed Show. Mr. Peterson has made it his mission to ensure that other show biz kids get a fair shake.

What gives Paul Peterson the right to ask a California Court to stick it's nose into the affairs of Nadya Suleman and her children?

Full Article and Source:
Gloria Allred's Legal Abuse of Octomom

More information:
Octomom faces lawsuit for exploiting her kids

See also:
Gloria Allred Files Petition for Octo-Guardian

Probate Official Scam

Orangeburg County authorities are again cautioning people to be wary of scam artists.

A woman said she, "was phoned by someone claiming to be a representative of the probate court and that the woman asked her several personal questions, including her Social Security number," Orangeburg County Probate Court Judge Pandora Jones-Glover said.

The woman did not give the caller any personal information.

Jones-Glover: "It is not the policy of the probate court to request personal information over the phone. I also don't see why any probate court in South Carolina would do so. If anyone has questions, please call us and we will be happy to deal with any concerns you may have."

Orangeburg Department of Public Safety Lt. Becky Whitman: "People should remember never to give out their personal information over the phone. Scam activity picks up in the spring and around the holiday seasons. More recently we have gotten reports of letters asking for secret shoppers. Most of these invariably have Canadian stamps on them. A lot of times there are misspelled words, too."

Source:
Scammer pretending to be probate official

Sunday, May 10, 2009

The Plight of Guardianship Abuse

Norman Baker is an American hero who has been detained against his will for more than three years.

His "crime": owning too much property. 

His sentence: a court-appointed guardianship on the brink of costing him everything he spent his life building.
His rights: virtually none, significantly less in many ways than an actual law-breaking criminal. 

His future if this had continued: long-term de facto imprisonment, followed by abject poverty, if he has anything left at all.
Unwanted Guardianship
How an unwanted guardianship cost a firefighter his freedom and his fortune

The plight of Guardianship Abuse is highlighted in this interview with Norman Baker, a retired fire-fighter who saw his assets put in the hands of a court-appointed guardian and was forcibly sent to a retirement home.
Interview With Norman
Interview with Norman Baker by his attorney

The Fairfield County Probate Court terminated the guardianship, restoring Mr. Baker to competency and allowing him to regain his freedom and independence after nearly four years. Mr Baker had unsuccessfully challenged the validity of the guardianship in both the Fairfield County Probate Court and then in the Ohio Fifth District Court of Appeals. He had also filed with the Ohio Supreme Court an accusation that the Probate Judge assigned to his case was biased against him. That challenge was summarily dismissed by Chief Justice Thomas Moyer.
Baker Guardianship Ends

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Heirs Sue to Gain Control of $1M

Four months before he died, Mickey Carroll signed papers turning over control of all his assets to his caretaker, Linda Dodge.

Carroll, 89, was best known as a Munchkin, one of the little people in the movie "Wizard of Oz."

Relatives estimate he left an estate of more than $1 million. They filed a suit in Clayton claiming that "unscrupulous agents" have taken control of the assets and put them "in imminent danger of continued dissipation, waste and theft."

The eight heirs also maintain that Carroll suffered from dementia and was mentally incompetent to sign the legal papers.

Dodge calls the allegations "foolish."

On Jan. 7, five days after moving in with Dodge, Carroll — whose real name was Michael Finocchiaro — signed a durable power of attorney transferring control of his investments and assets to Dodge.

He signed a second durable power of attorney for health care, giving Dodge authority to make medical decisions if he became incapacitated.

In the suit, Janet Finocchiaro says she was concerned about her uncle's health. In a recent hot line complaint to the state of Missouri, she said her uncle was the victim of "elder abuse."

Full Article and Source:
Heirs sue to gain control of Munchkin Mickey Carroll's $1 million in assets

Guardianship Legislation - A Draconian Act

Canada - New legislation scheduled to be proclaimed into law this fall is being called a draconian act that strips rights from dependent adults by a provincial special interest group that spoke to local seniors last week.

The director of Alberta’s Office of the Public Guardian Brenda Lee Doyle: "Those claims are false and the Adult Guardianship and Trusteeship Act is not only progressive legislation that provides far more protection than it’s outdated predecessor, but it was also drafted through extensive public consultation."

Ruth Maria Adria from the Elder Advocates of Alberta speaking to Peace River seniors: "This is unjust legislation that violates citizens’ rights. Most people don’t know it until it bites them."

Full Article and Source:
Seniors legislation called draconian, progressive

Lawmakers Talk About Senior Issues

A pair of central Virginia lawmakers took questions about the state's rapidly aging population. In-home care, uniform guardianship and medicaid were all on the agenda.

Delegate David Toscano: "We're among the lowest ranking states in terms of our medicaid reimbursement and we need to do a better job there. But it's a process and we have to go from year to year."

Delegate Rob Bell: "The goal would be to say if you're well enough, you should be able to stay home if you want to. If you have to go to a nursing home, the financial piece will be there for you."

Source:
Lawmakers Talk About Senior Issues