Iowa: Fund Won't Reimburse Some Who are Bilked by Lawyers

Attorneys in Iowa set up a fund 35 years ago to reimburse clients who were wronged by dishonest lawyers. But the commission hasn't necessarily paid up if the dishonesty took place when an attorney was suspended.

The commission is now weighing whether it should.

The hesitation by Iowa's Client Security Commission seems counterintuitive to Randall Archer, a businessman bilked out of $33,500 by his Des Moines attorney, Kristine Corcoran Frye.

Archer said he relied on Frye for years to close sales on a number of properties he purchased. But on their last deal together, the attorney kept the money he gave her to put in a trust account for the closing.

In 2010, Archer filed a claim with Iowa's Client Security Fund to try to recover some of the money he lost. But the commission that controls the fund, established by the Iowa Bar Association and overseen by Iowa's Supreme Court, decided to table a decision on paying any claim.

The hang-up: Frye's license was suspended at the time she took his money.

Full Article and Source:
Fund Won't Reimburse Some Who are Bilked by Lawyers

Attorneys Ask to Close Hammons Guardianship to Public

Attorneys in the guardianship case of an elderly hotel magnate in southwest Missouri have asked that the case be closed to the public.

Friends of John Q. Hammons, 92, filed a petitoin in Greene County Circuit Court last year asking probate officials to appoint a legal guardian to oversee Hammons' care. Hammons, a prominent developer, now lives in a Springfield nursing home.

The case was reassigned to Probate Judge Michael Cordonnier on Monday. He likely will decide whether to close it.

The Springfield News-Leader reports that closing the case would allow only court personnel and attorneys access to the case files. The motion to close the case notes that information about Hammons' medical condition, medical records, business affairs and personal relationships would likely find its way into the file.

Source:
Attorneys Try to Close Hammons Guardianship Case

See Also:
Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

Media Hires Attorney to Argue to Keep John Q. Hammons Guardianship Public

The Springfield News-Leader and KY3 have hired a media attorney to argue why the John Q. Hammons guardianship case should remain open to the public.

A hearing has been set for 10 a.m. Friday in Probate Judge Michael Cordonnier's third-floor courtroom.

Jean Maneke, an expert on First Amendment cases who also provides legal advice on behalf of the Missouri Press Association, will represent both media companies.

Full Article and Source:
News-Leader KY3 Hire Attorney to Keep Hammons Case in Public Eye

The People's Bill vs. The Status Quo

HB2424 MUST MOVE FORWARD

Hours of public testimony, countless calls and emails, and multiple visits to the offices of legislators by citizens fighting for reform allowed HB2424 to become a hope.

When the deep-pockets of those who stand to profit from the status quo did their very best to kill this bill...it was the voice of the people that kept it alive!

NOW WE MUST SPEAK OUT AGAIN

It is time for the abuse and exploitation in the name of justice to end...

HB2424 IS GOING TO A FULL VOTE OF THE ARIZONA HOUSE OF REPRESENTATIVES

CALL TODAY AND TELL THE HOUSE TO VOTE YES ON HB2424

Source and Contact List to Email or Call:
The People's Bill vs. The Status Quo

Colorado 2011 Rocky Mountain Conference on Aging Scheduled

Elder Financial Exploitation is the theme for the 2011 Rocky Mountain Conference on Aging Thursday, April 21 at The Ranch near Loveland.

The conference is for anyone who comes in contact with older adults and may have concerns whether the individual is a victim of some type of abuse or exploitation. Conference attendees might be care providers, senior center personnel, doctors, bankers or even close friends.

While we hear of entities outside the family or close friends exploiting vulnerable individuals, unfortunately statistics show it more commonly occurs from within the close circle of family or friends. Conference attendees will explore the challenges and complexities of financial exploitation, learn to recognize warning signs, and acquire tools for investigation and prevention.

Peggy Tracy from Illinois will open the conference presenting "Elder Victimization: When Trusted Individuals Become Trust Violators". Tracy is a certified financial planner with extensive training in fraud criminology related to finances of older adults. She has appeared in an expert capacity on many radio and television programs.

Four breakout sessions are available: Outsmarting Investment Fraud; Communicating in Sensitive Situations; Using Internet to Investigate Financial Fraud; and Understanding the Emotional Toll of Financial Abuse on Older Adults. Following lunch a panel representing social services adult protection, medical, legal, and financial entities will address the role they play when a case of financial exploitation is suspected as well as the challenges and limitation they face.

Full Article and Source:
Confrerence on Aging Topic Elder Financial Exploitation

Ohio Man Accused of Illegally Altering Client's Will has Arraignment Postponed

AMentor man accused of illegally altering a dying woman's will was supposed to appear Monday in Cuyahoga County Court of Common Pleas.

Instead, William Dilley's arraignment was postponed until March 14 at his request, according to the court docket.

Dilley, 66, is charged with theft, tampering with records and perjury.

He was the financial adviser of Betty Montgomery, who lived in the Stratford Commons nursing home in Glenwillow.

Montgomery had no family and planned to divide her considerable estate between three friends, Save-A-Pet and the Holy Cancer Family Home.

However, Dilley altered her will and coerced her into signing it, so he would be the sole heir of her $750,000 estate, prosecutors said.

Full Article and Source:
Mentor Man Accused of Illegally Altering Client's Will Has Arraignment Postponed

NASGA Press Release

PRESS RELEASE
For immediate release

March 14, 2011
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
_________________________________________________________

NASGA Releases its Second Open Letter to Congress and the White House
_________________________________________________________

NASGA continues its mission to reform unlawful and abusive guardianships and conservatorships with the release of its second “Open Letter to Congress and the White House,” mailed to approximately 300 members of Congress, including every member of the Senate Special Committee on Aging.

In its previous white paper, NASGA warned that unlawful and abusive guardianships can be dangerous to the health and are dangerous to the wealth of all Americans. The focus of NASGA’s second white paper is the growing threat of fraudulent and/or unlawful non emergency “emergency” hearings leading to “temporary” guardianships and conservatorships – without prior notice to the prospective “ward” of the state – whose assets are seized, leaving respondent without means of hiring counsel to defend.

Wards' families aren’t the only victims affected by these fraudulent proceedings. In the end, after the fiduciaries have bled the once-ample estates dry, they withdraw from the case and move on, thrusting their wards onto the taxpayer’s backs via Medicaid. With the growing Medicaid crisis, it is of paramount importance that the unlawful aspects be addressed and resolved without further delay.

NASGA continues to advocate for federal intervention to bring about swift and meaningful reform in all “protective” proceedings.

Read "An Open Letter to Congress and the White House-2"

Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

Lt. Gov. Peter Kinder said that he encouraged friends of John Q. Hammons to file a guardianship petition in Greene County probate court to resolve lingering concerns he had about the hotel magnate’s treatment.

Kinder also said he felt he was being “stonewalled” by Hammons business associates in the fall, when he investigated complaints that Hammons was being blocked from seeing his longtime friends.

“It’s now properly before the court,” Kinder said, referring to the petition filed Friday in Greene County Probate Court.

“I’m delighted to see the involvement of the public administrator as a possible guardian in this case, which is what a public administrator is supposed to do.”

Full Article and Source:
Lt. Gov Says He's Still Concerned About John Q. Hammons

Court-Appointed Attorney Soon to be Involved in Hammons Case

An independent court-appointed attorney will soon talk to John Q. Hammons to assess his well-being and mental status, according to a local attorney familiar with guardianship cases.

If the case follows a typical path, the court appointed attorney, would then file a report with Greene County Probate Commissioner Carol Aiken, who decides whether a guardian should be appointed to handle Hammons’ personal - though not financial - affairs.

Attorney Elise Barker, who specializes in juvenile and adult guardianship cases in Springfield, said an independent attorney is always appointed by the courts when guardianship is an issue.

The action was triggered by a guardianship petition filed Friday by a group of Hammons’ friends.

They say the renowned Springfield hotelier is being prevented from seeing his friends by Jacqueline Dowdy, a longtime associate of Hammons who took over management of Hammons’ company last year.

Dowdy has said Hammons gave her durable power of attorney and medical power of attorney to handle his personal and medical decisions.

Barker said the court appointed attorney, Evelyn Mangan, would meet with Hammons “to talk about the guardianship petition and to see how Mr. Hammons feels about it.”

Full Article and Source:
Court-Appointed Attorney Likely to Check on John Q. Hammons

See Also:
Eight Petition for Guardianship for John Q. Hammons