Editorial: D.C. Council Still Stalling on Elder Abuse

Last March, the daughter of the late D.C. Councilwoman Hilda Mason told the Office on Aging's Elder Abuse Prevention Committee that even her politically connected mother and multimillionaire stepfather became victims of neglect and financial exploitation at the hands of court-approved "conservators" who pilfered their fortune while forcing them to live in squalor.

The District's Adult Protective Services failed to protect her parents and still fails to protect vulnerable seniors, Carolyn Nicholas, president of Advocates for Elder Justice, testified.

As The Washington Examiner reported last year, Nicholas has been pleading with current council members to amend the Adult Protective Services Act to bring the District law in line with other states' best practices. But they're still dragging their feet.

In February, Council member Marion Barry, D-Ward 8, introduced a bill in memory of his old friend and political ally. The Charles and Hilda Mason Elder Abuse Clarification and Expansion Act of 2013 clarifies the definition of elder abuse and increases the penalties for preying on vulnerable seniors.

Guardians or conservators are only supposed to be appointed for people who do not have other plans in place when they become physically or mentally incapacitated. But D.C. Superior Court judges have overridden seniors' wishes, assigning "representatives" to people who have already designated a family member, friend or attorney to handle their affairs when they became frail or incapacitated.

Court-appointed guardians and conservators have total control over their wards' persons and property, but some are completely unsupervised, with no requirement to submit to outside audits or even file periodic accountings with the court for how they spent assets it took a lifetime to accumulate.

With such absolute power and little or no oversight by the courts or the city, abuse is inevitable. "Many court-appointed attorneys, guardians and/or conservators have in fact become nothing more than predators," Nicholas told The Examiner.

Barry's bill, which has been co-sponsored by Council members Anita Bonds, D-at large, Yvette Alexander, D-Ward 7, and Jim Graham, D-Ward 1, would make financial abuse of the elderly a felony punishable by a $10,000 fine and up to 15 years in prison, and allow elderly victims to sue for restitution. It would also prevent those convicted of exploiting seniors by "deception, intimidation, misrepresentation, fraud or undue influence" from inheriting their victims' estates.

Full Editorial and Source:
D.C. Council Still Stalling on Elder Abuse

One in 10 Elders is Abused or Neglected

According to the National Center on Elder Abuse, one out of every 10 older Americans is abused or neglected.

Even worse? For every case of elder abuse we know about, an estimated 23 more go unreported. And all too often, the source of the problem hits very close to home.

Dr. Laura Mosqueda is the director of geriatrics at the University of California Irvine School of Medicine.

"What surprises a lot of people is that the most common abusers are family members, not paid caregivers," says Mosqueda. "Most of the abuse occurs in the home, typically by either a spouse or an adult child. Many of us can never imagine ourselves getting so angry that we would push or hit a loved one, but we can get driven to that point more easily than many of us realize."

Full Article and Source:
One in 10 Elders is Abused or Neglected

Family Fears Ashes are Just Sand....

A day after sheriff’s deputies pull permits and seize 17 bodies from a Modesto funeral home under criminal and civil investigation, one grieving family has new fears about what happened with their loved one.

“If this is not him where’s my husband? Where’s his body,” asks Willie Cotton.

Those are questions Willie Cotton never thought she’d be asking about the man she loved for 25 years. She never thought she’d have nagging questions after paying a now shuttered funeral home to cremate him and spread his ashes between several urns and special lockets.

“That was the purpose, that he wanted to be cremated so that we could have a part of him,” she said.

Soon after, Dewey Cotton senior was memorialized in March. His wife and 10 children began asking Shaun McGuire of McGuire Crematorium and Funeral Services about his ashes.

McGuire promised them by March 16 — Dewey’s birthday — but they arrived much, much later.

When the remains were finally delivered to the Cotton home, family members say they immediately felt something was wrong. Promised lockets were empty and the consistency of their loved one’s remains seemed off. The I.D. tag other morticians tell FOX40 should have been burned with the body was found loose in the bag of supposed ashes.

The Cottons don’t believe it’s him and reports of an investigation at McGuire’s have them even more concerned.

Full Article, Video, and Source:
Family Fears That Ashes are Just Sand

See Also:
Bodies Taken From Modesto Funeral Home

91-Year-Old Man Raised Money to Prevent Eviction by Daughter

A 91-year-old man wants to stop his daughter from evicting him from the home he built 56 years ago in Zaleski, Ohio, a small community south of Columbus.

 

In 2004, John Potter and his wife, who has since died, gave the general power of attorney to his daughter for future matters if they declined in health, including to take care of her autistic adult brother, now 63.

But unbeknownst to Potter, his daughter Janice Cottrill eventually used that power to convey the deed to the one-story home to herself. In 2010, Potter said he learned of the deed transfer and switched power of attorney to his granddaughter, Jaclyn Fraley, now 35.

Potter, a World War II veteran and retired train dispatcher for the Baltimore & Ohio Railroad, sued to get the home back, arguing that his daughter had transferred the deed to herself illegally because those with the power of attorney are not permitted to transfer assets to themselves from the estate they oversee.

Potter won in Vinton County Court, but an appeals court ruled last year that the statute of limitations of four years had passed on the accusation of fraud and thus the deed could not be handed back to Potter.

Early this year, his daughter and her husband sent Potter an eviction notice, saying they had terminated his "existing lease." An eviction hearing will take place on June 12, during which the judge will have no choice but to evict Potter, Fraley told ABC News.

When asked how he feels about being evicted by his daughter and son-in-law, Potter was at a loss for words.

"I just cannot believe my daughter would ever do anything like that to me," he said.

Full Article and Source:
91-Year-Old Man Raised Money to Prevent Eviction by Daughter

Florida Man Accused of Bilking Elderly Woman Out of $170,000

A Pasco County man is accused of exploiting an 84-year-old woman and taking $170,000 from her, police said.

Bryant D. Gattos, 46, became Agnes Claire Raymond's financial adviser in July 2011. Raymond was diagnosed with moderate dementia, Tampa police said. In December 2011, Gattos obtained her power of attorney.

The next month, he took $170,000 from her "while knowing that she lacked the capacity to consent to the transfer of funds," police said. Gattos used the money for several purchases, including a Mercedes-Benz and a Harley-Davidson, police said.

Gattos faces a charge of exploitation of the elderly. He was being held in the Pasco County jail on $170,000 bail.

Full Article and Source:
Pasco Man Accused of Bilking Elderly Tampa Woman Out of $170,000

MA Lawyer Admits Facts in Multiple Cases Against Him

A disbarred Edgartown attorney admitted to sufficient facts on several charges last week in Edgartown district court, including identity fraud, credit card fraud and a removed attorney practicing law.

John C. McBride, 64, was facing 18 charges in five different cases for allegedly continuing to provide legal services after being disbarred and taking money from two clients. In one case from March 2011, he allegedly provided legal help for a 21-year-old Oak Bluffs man who believed he was facing criminal charges after a car accident in Rhode Island. The man allegedly paid more than $3,000 to Mr. McBride for legal services and later came to the police after reading about Mr. McBride’s other legal problems.

Police determined that the man was not charged with a criminal offense and said in the report that Mr. McBride “took advantage of a young adult who was under the impression that he was in legal trouble.” Mr. McBride admitted to sufficient facts on a charge of a removed attorney practicing law; the case was continued without a finding for two years and he was ordered to pay $3,325 in restitution. Charges of unauthorized practice of law and larceny more than $250 by single scheme were dismissed.

In another case, Mr. McBride allegedly represented an Edgartown man who was seeking an insurance claim following a bicycle accident. In September 2011, Mr. McBride allegedly accepted a $5,000 settlement check, forged the man’s signature and deposited the check into his own account. Mr. McBride said he did not intend to keep the money in his account and was going to give it to the man, whom he considered a friend. He admitted to sufficient facts on a charge of removed attorney practicing law; the case was continued without a finding for two years. A charge of unauthorized practice of law was dismissed.

He also admitted to sufficient facts on charges of forgery of a check and uttering a promissory note falsely endorsed; the case was continued without a finding for two years. A charge of larceny more than $250 was dismissed.

Mr. McBride also admitted to sufficient facts on four counts of credit card theft under $250 and the matter was continued without a finding for two years. In that case from November 2011, he was charged with fraudulently using a credit card left in an ATM machine. Two charges of forgery of a document and two charges of utter false writing were dismissed upon request of the commonwealth because of a lack of jurisdiction.

Mr. McBride admitted to sufficient facts on two counts of identity fraud from June 2012, also continued without a finding for two years. He was ordered to have an evaluation for and participate in counseling as mandated by probation.

Full Article and Source:
Disbarred Attorney Admits Facts in Multiple Cases Against Him

Tonight on T.S. Radio: FL Guardianship Files Disappear

Join us this evening as we discuss the strange disappearance of Florida online guardianship files that ocurred over a two week period.

The files mysteriously reappeared within 10 minutes when Doug Franks questioned their wherabouts. Doug and his brother had to request permission to see their mother for Mother's Day.

 The judge agreed, but the order was not received until the day after the holiday.

The viscious and vengeful restrictions placed on the Franks brothers by the guardian are the most stringent and invasive we have ever seen. In what is clearly a case of retaliation, the malfeasance of the judge involved and the contracted employees of the court should be grounds for prosecution.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

LISTEN LIVE or listen to the archive later

Former Mayor Gets Nearly 5 Years for Bilking Elderly Man Out of $600K

Peter DiRosa, former mayor of Manchester, Conn., was described in court Thursday afternoon as a one-time congressional hopeful who became obsessed with launching a Hungarian resort as a way to reclaim his past stature and who used the retirement savings of a Kennebunk man to pursue the ultimately failed scheme.

DiRosa, 66, still of Manchester, was sentenced by U.S. District Court Judge George Z. Singal to 57 months — four years and nine months — in prison on fraud charges and ordered to pay the now 81-year-old retiree back the $540,000 he convinced the victim to invest in the project.

DiRosa, who wore a dark suit to the afternoon hearing, was ordered to report for his sentence at 2 p.m. June 19 at a federal facility to be determined, but which Singal agreed should be “as close as possible to Manchester, Conn.”

During the sentencing hearing in the federal courthouse in Portland, several of DiRosa’s friends and colleagues spoke about his character, his background as a high school teacher and successful business owner, his active role in his church community and his time in public service.

But Singal chose a sentence closer to the 71-month prison term recommended by prosecutor Craig Wolff from the U.S. attorney’s office than the 30-day incarceration with 14 months of home detention sought by defense attorney William Maselli.

“It’s certainly a puzzle how people who knew Mr. DiRosa for so many years had one view of him, while the jury in this case, after hearing the evidence, had a very different view,” Singal said. “I think what happened here was Mr. DiRosa became obsessed. He felt like this project would make him more than what he was.”

The victim’s son told the judge during the hearing that the stress caused by DiRosa’s “trickery” forced both his mother and father to seek medical treatment.

Full Article and Source:
Former Conn. Mayor Gets Nearly 5 Years for Bilking Elderly Maine Man Out of $600,000

Michigan Scheduling Statewide Elder Abuse Summit in June

FLINT, MI -- Genesee County will host a statewide summit exploring elder abuse -- a problem that officials say is only expected to get worse.

Catherine A. Emerson, from the Prosecuting Attorneys Association of Michigan, said Genesee County was selected to host the summit in part because of the success of an elder abuse task force headed by Genesee County Sheriff Robert Pickell.

Pickell said his program, which is funded through a county millage, has obtained more than 400 felony warrants, including about two dozen so far this year.

The sheriff added that his elder abuse program has the time and manpower to handle incidents that local police agencies may not have the time or specialized skills needed to properly investigate.

Emerson said the issue of elder abuse is a growing problem, particularly as a large number of Baby Boomers age.

"There's a perfect storm out there," said Emerson, noting the aging population and continued financial hardships felt by many in the state.

Full Article and Source:
Genesee County to Host Statewide Elder Abuse Summit in June