A Fight for Life

An ongoing legal case in New York's Southern Tier is reminiscent of the Terri Schiavo case.

Family Life's Bob Price speaks with Bobby Schindler, Executive Director of the Terri Schiavo Life & Hope Network, about the legal battle over Gary Harvey's medical care.

Source:
Family Life Network: News: A Fight for Life

LISTEN to Bob Price's interview with Bobby Schindler

See Also:
Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion:  Gary Harvey Case and the Unexpected Twist

Still Troubled by Terri Schiavo's Death but Inspired Too

Register correspondent Brian O’Neel recently sat down for an interview with  [Terri Schiavo's]brother, Bobby Schindler Jr., who subsequently founded the Terri Schiavo Life & Hope Network to honor her memory. The organization helps medically dependent persons with disabilities and incapacitated individuals who face potentially facing life-threatening situations.

It’s now 20 years down the road since your father and Michael fought. What is your state of mind right now? Where are you, in terms of your perspective?
I struggle with this daily because it changes for me every day. From the time Terri collapsed to this moment, it has been a constant rollercoaster ride of emotions.

I guess the easy answer is: I’m committed to doing whatever I can so people will understand this issue. For the death merchants, so to speak, Terri’s death signaled the end. For me, it was the beginning. I’m not going to stop until everybody knows the truth about what they did to Terri, how she was barbarically and inhumanely killed, and how others are being killed just like her. That’s my mindset.

Euthanasia is such a widely misunderstood issue. So much of our society accepts this way of “caring,” which means directly killing people who are being sustained by basic and ordinary care, food and water.

Understand: Terri wasn’t on life support. She was receiving what the Church describes as basic and ordinary care, food and water. She had a feeding tube. She could’ve quite possibly lived a normal life span if she’d continued to receive food and water.

Furthermore, people don’t realize other individuals with brain injuries are being killed every day because the laws now consider feeding tubes artificial life support. It enables medical professionals and families to take it away from individuals if they choose.

The majority of calls we get are from families who are up against health-care professionals who are trying to take away food and water.

What’s the worst case that you’re familiar with, outside of your sister’s?
There are probably a few. There’s a case in New York. A county there has taken guardianship over a woman’s husband, Gary Harvey. The county is completely mistreating this woman, Sara, and what they’re doing to her husband is just unconscionable.











In Arizona, a man named  Jesse Ramirez, a war vet, got into a car accident. Doctors told his wife to remove the feeding tube. The parents went to court and got an injunction. A few months later, the guy walked out of the rehab center and was speaking with reporters.

Full Article and Source:
Still Troubled by Terri Schiavo's Death, but Inspired Too

See Also:
Terri Schiavo Life & Hope Network

Terri Schiavo's Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion:  Gary Harvey Case and the Unexpected Twist

The Forgotten Ones: Compassion for the Elderly

"Animals help patients keep their mind off their problems," says Jean S. Uehl, the director of nurses. "The love the patients get from the animals is unconditional." One particular stroke patient was withdrawn and rarely smiled, until she began to play with the resident cat. The patient and the cat became closely bonded to each other, and when the cat had kittens, "they became like the patient’s babies," according to Uehl.

The kittens played and slept on a tray on the resident’s wheelchair and slept in a chair near her bed whenever they could. The kittens brought the resident out of her shell and she began to talk and smile. "The kittens in particular get all the residents’ attention," says Uehl. "Everyone always wants to know where they’re at and what they’re doing." When there are kittens in the building, a number of residents stay busy all day, following them, playing with them, and keeping an eye on them. ~ From HealthyPet.com

Consider taking your pet to visit residents at a nursing home or an elderly neighbor. They do NOT have to be registered therapy animals. Call your l ocal nursing homes and ask about their policies. Usually only updated shots are required for your pet. Don't have a pet? Go hold a residents hand instead. ♥

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Facebook - The Forgotten Ones: Compassion for the Elderly

Petition: Urge CA Sen. Noreen Evans to CAP California Probate Fees

In 2006 the State of California enacted the Fiduciaries Act, which was meant to protect consumers from financial fraud, and abuse, by California Fiduciaries. A Fiduciaries Bureau was opened and Fiduciaries had to register, take classes, and become licensed by the Fiduciaries Bureau, a Division of the Calif. Dept. of Consumer Affairs. However, since 2006, Private Fiduciaries in California have been conducting a "Feeding Frenzy" with regards to fees charged to their elderly client's estates, assets, etc., see Calif. 6th Cir. Court of Appeals recent decision. Furthermore, Norine Boehmer, president of the Professional Fiduciary Association of California is against the reduction of fees for fiduciary's whom belong to her for profit organization.

Therefore, to to protect the consumer from further financial abuse by California licensed Private Fiduciaries, we urge State Senator Noreen Evans to submit legislation placing a cap on all licensed fiduciary fees in the State of California.

Source:
SIGN Petition: Urge Calif. Sen. Noreen Evans to CAP California Probate Fees

Fiduciary Watch: California Judges Claim They are Over Disciplined

California Judges want the Commission on Judicial Performance to leave them alone. How arrogant can California Judges be to think that they should not be monitored?

Tension between California’s jurists and the Commission on Judicial Performance? That’s nothing new. Fits of judicial pique against the watchdog panel have spiked and ebbed ever since state voters created it in 1960.

But 52 years later, frustration — one justice described it as “palpable anger” — with the 11-member commission has grown to such a high level that there’s now open, albeit cryptic, talk by two judges associations of forcing changes upon the disciplinary agency.

“There seems to be a scope or mission creep to their work,” said California Judges Accociation then President David Rubin, a San Diego trial court judge. “There seem to be significant instances of over discipline. And there seem at times to be issues of discipline for errors of law over real substantive violations of canons of ethics.”

The CJP appears to offer one of the few topics where the CJA and the Alliance of California Judges share similar views. Alliance Director Thomas Hollenhorst, a justice on the Fourth District Court of Appeal, echoed Rubin’s critiques and added what he said is judges’ growing resentment over a pointed tone in both the commission’s advisory letters and disciplinary proceedings.

“What you’re hearing from judges is a concern over what appears to be an attempt to sort of rub judges’ noses in offenses,” said Hollenhorst, who teaches judicial ethics and has served as a special master for the commission.

Commissioners and CJP Director Victoria Henley say they’re perplexed by the claims of over disciplining. They note that the numbers of admonishments, advisory letters and even ousters ordered each year by the CJP have changed little over the past decade. And with five judges and lawyers serving on the panel, they add, there’s significant empathy for what it takes to run a courtroom today.

“Everyone is very aware of the personal effect discipline has on judges,” said seven-year commissioner Judith McConnell, the administrative presiding justice of the Fourth District. “The commissioners take their job very seriously.”

Full Article and Source:
Fiduciary Watch:  California Judges Claim They are Over Disciplined

Latvia Abolishes Plenary Guardianship

[T]he Latvian parliament adopted a new law which abolishes plenary guardianship. This means that the 2,334 people in Latvia who are currently prohibited from taking any decisions about their lives, will have to be reviewed, and it is MDAC’s hope that many of them will have restrictions lifted so that they can make their own decisions.

Latvia becomes the second country in Europe to take this step following the adoption of the UN Convention on the Rights of Persons with Disabilities in 2006, the first being the  Czeck Republic.

The new law abolishes full deprivation of legal capacity. It introduces a new initiative of partial guardianship which is a joint decision between the adult and guardian (where either one can exercise a veto), temporary guardianship for up to 2 years without restricting legal capacity and advanced directives. The new law introduces compulsory periodic review of partial guardianship and this is scheduled for every 7 years.

Full Article and Source:
Latvia Abolishes Plenary Guardianship

Michigan Supreme Court Justice Diane Hathaway Charged With Fraud

Federal prosecutors have filed a fraud charge against Michigan Supreme Court Justice Diane Hathaway, just a few days before she leaves the state's highest court in a scandal involving the sale of a Detroit-area home and suspicious steps taken to conceal property in Florida.

The charge was filed Friday as a criminal "information," which means it was negotiated and that a guilty plea is expected in federal court. Defense attorney Steve Fishman declined to comment Saturday.

Hathaway is resigning Monday, months after a series of questionable real estate transactions first were revealed by a Detroit TV station. Hathaway and her husband, Michael Kingsley, deeded a Florida home to a relative while trying to negotiate a short sale on a house they couldn't afford in Grosse Pointe Park.

The sale went through and erased any remaining debt they had with the bank, $600,000. The debt-free Windermere, Fla., home then went back in their names.

The bank fraud charge says Hathaway made false statements to ING Direct, transferred property to others and failed to disclose available cash -- all in an effort to fool the bank into believing she had a financial hardship. Kingsley has not been charged.

Hathaway has refused to make any lengthy public comments. She told WXYZ-TV last spring that the property shuffles were a private matter.

Full Article and Source:
Michigan Supreme Court Justice Charged With Fraud

Dementia Patient "Overqualified" for Medicaid

“A man that’s worked all of his life, two to three jobs at a time has never asked for help,” said Rosemary of Gene.

“Now he severely needs help and can’t get it.” Rosemary said Gene needs medicaid to help cover the cost of assisted living or in-home care.

But because of the 1.7% social security raise, Rosemary said Gene no longer qualifies for medicaid. He’s overqualified by $15 too much in income.
Source: Dementia Patient "Overqualified" for Medicaid

When Stockbroker Fraud Involves Elder Abuse

Senior citizens may rely more and more on professionals to help manage their affairs, but doing so may open them up to stockbroker fraud, which in such cases could also amount to elder abuse. Some unethical stockbrokers will commit stockbroker investment fraud against elderly clients, putting the clients not only at risk of losing their money, but also in a position where that money cannot be regained. A recent incident of stock fraud highlights the issue.

According to KOMO News (12/27/12), a former stockbroker has been sentenced to five years in jail for stealing more than $1 million from an elderly man who was also his client. Prosecutors alleged the stockbroker was an investment advisor for the client, and was later given power of attorney over the man. Among the money that was reportedly stolen were more than $650,000 from a Charles Schwab account, almost $600,000 in checks written from the client's accounts and almost $250,000 in checks for estate services after the client died.

The stockbroker's registration was revoked in 2009. So far, according to prosecutors, none of the stolen money has been returned.

Elderly investors are at risk of coming up against unethical stockbrokers who will steal their clients' money for their own purposes. In some cases, they do so by manipulating the client into giving them power of attorney, gaining access to vital accounts and transferring money to themselves, spending it on luxurious items and trips.

Full Article and Source:
When Stockbroker Fraud Involves Elder Abuse