Friday, April 4, 2014
Oliver Lewis - "Litigation and the Right to Legal Capacity"
Some of the many highlights of this speech, delivered at the 2012 World Congress on Guardianship:
"An outrage about the wrongs committed by a majority onto a minority..."
"Guardianship is not only inappropriate in itself but it often facilitates the long-term or life-long segregation of people with disabilities into institutions...."
"Guardianship, I submit, increases the risk of exploitation, violence and abuse instead of preventing it..."
"And guardianship, in my submission, rips families apart and plays a role in our legal frameworks which goes completely against celebrating the diversity of humanity...."
Source:
Oliver Lewis - Litigation and the Right to Legal Capacity
See Also:
Mental Disability Advocacy Center
Note: The 2nd World Congress on Adult Guardianship was held in Australia, so we thought it prudent to include a case of guardianship abuse from Australia in this post:
Bendigo Bank (Christine Frankham) This Will Not Go Away
(This is an overwhelming story of the Watts family's ongoing fight to seek justice with supporting evidence against a Bendigo Bank Manager (Christine Frankham) who used her position and Trust to take advantage of their elderly mother Yolanda Hutton.)
See Also:
BendigoBanksters on Facebook
Attorney General Greg Smith NSW Minster of Justice and State Member for Epping, who is also responsible for the NSW Trustee and Guardian, with its off shoot the NSW Guardianship Tribunal.
Senator wants information about Branstad’s allegations of state employee abuse
DES MOINES — A Democratic state senator on Wednesday asked Republican Gov. Terry Branstad to provide specifics on incidents of elder abuse, child abuse and sexual misconduct involving state employees that the governor cited in comments to reporters earlier in the week.
Sen. Rob Hogg, D-Cedar Rapids, chairman of the Senate Judiciary Committee, told Senate colleagues during a floor speech that he was disturbed to read Branstad comments to reporters that state employees had been dismissed for incidents of elder abuse, child abuse and sexual misconduct that have gone unreported to the public because of employee confidentiality agreements and personnel protections in state law.
Asked during Monday’s weekly news conference how many incidents of abuse or assault by state employees are taking place, Branstad responded, “I don’t know, but there are a lot of them.”
Hogg said the governor “laid down some very serious allegations” that beg for more information. He wrote the governor’s office requesting details about the incidents, when they happened and within which state agencies, as well as information on when the governor’s office was informed about the allegations and how the administration responded.
“It is unacceptable to have state employees, if it’s true, engaging in criminal conduct, and it’s also unacceptable to not have that criminal conduct reported to the proper authorities,” Hogg said.
“We need to know for each incident when the governor’s office was informed, and for each incident, we need to know what the governor or his office did in response to the information that they were provided,” the state senator said. “There are thousands, if not tens of thousands, if not hundreds of thousands of Iowans, who when confronted with allegations of child abuse, elder abuse or sexual abuse, are under a legal obligation to report that to law enforcement authorities, and I would certainly hope the governor’s office has met that standard.”
Before a town hall meeting in Newton Wednesday, Branstad said he was unaware of Hogg’s request but noted it points up his concern that Iowa law makes personnel items confidential that cannot be disclosed. He said that’s why he is asking the Legislature to change the law to allow more disclosure and hoped Hogg would work with his administration to accomplish that “and not just play politics.”
Branstad said state government has “a few bad apples” who have been guilty of the offenses he cited but “unfortunately the law doesn’t permit us to release that. I think it should be available to the public in the future.”
During his weekly news conference, Branstad called on state lawmakers to ease what he considered to be overly broad confidentiality protections for state employees who are dismissed or disciplined for inappropriate on-the-job action.
Branstad told reporters it is not enough to prohibit secret employment settlements from taking place as he directed last week in an executive order.
“I want to see us go further and also require the reasons for the dismissal also to be made public,” he said, noting that some workers have been cited for incidents of abusing elderly Iowans and children or for sexual misconduct that have not been publicly disclosed.
Full Article & Source:
Senator wants information about Branstad’s allegations of state employee abuse
Pets Prove to be Valuable Companions at Senior Housing Communities
Longtime animal lovers Norma and Bynner Martin have five pets, and they certainly didn’t intend to leave their bevy behind when they transitioned to a retirement community.
So when the staff at Rose Villa Senior Living didn’t bat an eye at their menagerie of two cats, two dogs and an African Grey parrot, the Martins knew they found their new home.
“Most of the places would allow a couple of pets,” says Norma Martin, 71. “When I introduced the idea of all of our pets, they were very amenable.”

The demand for pets at senior living centers in Oregon has been fairly steady, says Joni Keith, a senior living advisor at A Place for Mom.
“It’s very rare to see a community that doesn’t allow pets,” says Keith, whose company provides resources and assistance to families seeking senior care for a loved one. “What has evolved is the way the facilities are dealing with them.”
Many places now include pet caretaking as part of the resident’s service plan, such as ensuring a pet gets vaccinated, taking a dog for a walk, or caring for a pet when a resident is ill. Facilities might also provide dog-friendly accommodations, such as walking areas, or fence in a yard.
Administrators at local senior communities say they allow pets because they acknowledge the benefits animals can bring to their residents.
Full Article and Source:
Pets Prove to be Valuable Companions at Senior Housing Communities
So when the staff at Rose Villa Senior Living didn’t bat an eye at their menagerie of two cats, two dogs and an African Grey parrot, the Martins knew they found their new home.
“Most of the places would allow a couple of pets,” says Norma Martin, 71. “When I introduced the idea of all of our pets, they were very amenable.”

The demand for pets at senior living centers in Oregon has been fairly steady, says Joni Keith, a senior living advisor at A Place for Mom.
“It’s very rare to see a community that doesn’t allow pets,” says Keith, whose company provides resources and assistance to families seeking senior care for a loved one. “What has evolved is the way the facilities are dealing with them.”
Many places now include pet caretaking as part of the resident’s service plan, such as ensuring a pet gets vaccinated, taking a dog for a walk, or caring for a pet when a resident is ill. Facilities might also provide dog-friendly accommodations, such as walking areas, or fence in a yard.Administrators at local senior communities say they allow pets because they acknowledge the benefits animals can bring to their residents.
Full Article and Source:
Pets Prove to be Valuable Companions at Senior Housing Communities
Thursday, April 3, 2014
Northshore "Live" Cooper's Corner
Bev Cooper is producer and host of North Shore “Live” Cooper’s Corner, a weekly cable Comcast TV program that is broadcast live every Wednesday night from a studio in Highland Park and then shown throughout Lake County.
Bev has dedicated these programs to those who are victims of Cook County Probate Court.
This is Bev’s 30th year as producer of the show.
Bev Cooper's Contact Information
Email - bev.cooperscorner@yahoo.com
Phone - 224-365-5770
Source:
Northshore "Live " Cooper's Corner
Guardianship reform advances after judges, victims share concerns
The Nebraska State Legislature will consider a plan to reform the state’s guardianship system.
The bill (LB 920) advanced by the Judiciary Committee would budget around $1 million to create a new office of guardianship under the supervision of the state Supreme Court.
While Nebraska Governor Dave Heineman has yet to weigh in, there appears to be little resistance in the state Legislature to the idea of overhauling the system. Currently Nebraska is the only state in the nation that does not provide such a service for elderly, disabled or children unable to manage their own finances or make critical life choices.
In most cases a family member or acquaintance will be appointed by a county court judge to assist. However, the pool of volunteers to help has nearly disappeared according to judges across the state, leaving them little choice but to appoint sometimes unwilling and in some cases unscrupulous guardians.
Sen. Colby Coash of Lincoln advocates a change in the system that currently relies on volunteers, whether they are family members or helpful community members. “Beyond that the courts don’t have much of another option (when) there is no family member who is willing or able to step in,” Coash told NET News.
The bill sponsored by Coash would create an entirely new office employing 20 trained caseworkers available to be appointed as guardians when a court has no other option. A review of current court cases by a state commission dealing with the issue estimated there are currently around 400 people in need of the service.
Coash has been emphasizing Nebraska is the only state in the union that has no central office for guardianship. “What my bill does is mirror what is done in 49 other states,” he said.
Recently Nebraska state senators on the Judiciary Committee took testimony from people with first-hand, and in some cases disturbing, experiences with guardians.
Judge Curtis Evans recently retired as a county court judge after more than 36 years on the bench. Before retiring he became a driving force in reforming what he saw as a broken guardianship system.
Full Article & Source:
Guardianship reform advances after judges, victims share concerns
See Also:
County Attorney Amends Charges in Guardianship Embezzling Case
See Also:
Nebraska State Auditor-Guardian Fleeced Wards
Mobberley home celebrates its three 'extraordinary' centenarians
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| Peggy, 101, Agnes, 100, and Joan, 102, pose for a ‘Royal’ photo at The Willows Nursing Home in Mobberley |
Joan Vollmer, 102, Peggy Bentham, 101, and Agnes Cameron, 100, all recently celebrated their birthdays at The Willows Nursing Home.
All three ladies were born within the reign of King George V and have lived through both World Wars.
Activities Co-ordinator Amanda Drayton said: “I thought it was really special to have three ladies who have lived 303 years between them – I just think, ‘Wow’.
“That’s something so special and as a home we wanted to celebrate and commemorate that.”
Full Article & Source:
Mobberley home celebrates its three 'extraordinary' centenarians
Wednesday, April 2, 2014
Linda Kincaid Reports: Autistic Arizona woman imprisoned and isolated by Ohio APSI
Danielle Murphy, a twenty-something woman with autism, is denied all
contact with friends, family, and loved ones. Since June 2012, Ohio’s
private non-profit Advocacy & Protective Services, Inc. (APSI) has kept Danielle imprisoned and isolated in a Cleveland assisted living facility. Danielle lived with her aunt and guardian Nancy Vallone in Scottsdale, Arizona since Danielle was three months of age. Danielle and her Aunt Nancy had a loving relationship. Danielle was mainstreamed into public schools and participated in community activities.
In June 2008, Nancy took Danielle to Ohio to obtain better services than Arizona offered for adults with developmental disabilities. In August 2008, APSI seized total control of Danielle. APSI confined Danielle in a series of dismal facilities and denied the specialized care that Nancy moved to Ohio to obtain.
Danielle begged to return to Nancy's care. The National Association to Stop Guardian Abuse posted Danielle’s letters pleading to live with her aunt.
Nancy filed many complaints about neglect, physical abuse, and sexual abuse under APSI's care. Court records show that APSI retaliated by restricting visitation, and then APSI denied Danielle all visitation and phone calls.
For nearly two years, APSI has denied Danielle any contact with family or loved ones. Nancy does not know Danielle’s location or condition.
November 2008
Nancy believes that Danielle was sexually assaulted by a 25 year old man.
APSI refuses to investigate, perform rape kit, follow-up on assault, [Danielle] restrained to 4 point restraints, sedated…March 2009
Broken fingerAugust 2009
[Danielle] experienced staff abuse reported by staff at meeting – neck ligature marks.January 2010
While at Cleveland Clinic, Charlie confiscated Danielle’s cell phone.
[Danielle] states she is not allowed to go to court hearings and wishes for an attorney.May 2010
APSI placed restrictions on visitation: 1 hour, supervised, no discussion of attending school or changing guardian.
June 20, 2012
APSI Regional Program Director Russell Kinnebrew wrote to Nancy:
Effective immediately as guardian of the person, Advocacy & Protective Services, Inc. (APSI) is restricting all phone calls to and from you. APSI is not permitting any visitation anywhere until further notice.October 23, 2012
APSI’s Russell Kennebrew emailed Nancy:
After reviewing Danielle’s request for a visit with the Protective Services Representative, I have decided to continue the moratorium indefinitely. Apparently, there has been some phone contact with you and that resulted in Danielle refusing medical appointments and exhibiting non-compliance with routine activities.January 14, 2013
APSI’s Russell Kinnebrew wrote to Nancy:
Effective immediately as guardian of the person, Adult & Protective Services, Inc. (APSI) is restricting all contact (i.e. phone calls and visitation) with you for an indefinite period of time.February 1, 2013
APSI’s Russell Kinnebrew wrote to Magistrate David Mills of Cuyahoga County Probate Court:
In January, another letter (a copy is enclosed) was sent to Ms. Vallone notifying her that all contact with Miss Murphy would be restricted for an indefinite period of time. It appears that Ms. Vallone is continuing her attempts to contact [Danielle] and disrupt the Team’s treatment plan for Miss Murphy.January 2014
Danielle is missing. The facility at 4462 West 28th Street in Cleveland, where Danielle was last held prisoner, now lies vacant. APSI did not inform Nancy of Danielle's change in residence.
March 31, 2104:
Nancy emailed Russell Kinnebrew asking for visitation with Danielle.
Future postings will follow the progress of Danielle’s case.
APSI’s Administrative Office is located at:
Adult & Protective Services, Inc.
4110 N. High St., 2nd floor
Columbus, OH 43214
Phone: 614-262-3800 OR
1-800-282-9363
Fax: 614-262-3838
4110 N. High St., 2nd floor
Columbus, OH 43214
Phone: 614-262-3800 OR
1-800-282-9363
Fax: 614-262-3838
Full Article & Source:
Autistic Arizona woman imprisoned and isolated by Ohio APSI
Alan Dershowitz offers to help #FreeJustina, says law is CLEAR and on the side of the parents
Alan Dershowitz told Huckabee tonight that if everything we know about the #FreeJustina case is true, then this is a horrible abuse of human rights and of civil liberties. He said that Massachusetts law is clearly on the side of the parents, pointing out that if there is a conflict in medical opinion over a child under Massachusetts law, the dispute is settled by the parents, not the hospitals or the state. He even offered to help the parents get custody back of their daughter.
Watch:
Full Article & Source:
Alan Dershowitz offers to help #FreeJustina, says law is CLEAR and on the side of the parents
See Also:
Justina Dying Under Care of Massachusetts
Boston Children's Hospital May be Investigated by the MA Department of Health Over the Justina Pelletier Case
Attalla caregiver charged with exploiting elderly person's finances
GADSDEN, Alabama -- An Attalla woman has been charged in connection with financially exploiting an elderly person.
Etowah County Sheriff Todd Entrekin said in a news release that Jennifer Nicole Rosson, 38, was arrested on March 25 and has been charged with one count of financial exploitation of a elderly person.
Investigators say Rosson was the elderly person's caregiver. She allegedly transferred money from that person’s savings account into a checking account belonging to the person, and then withdrew the amount that had been transferred. She transferred and withdrew more than $2,500, authorities said.
The charge of financial exploitation of an elderly person comes under the Protecting Alabama’s Elders Act, which went into effect last August.
Rosson is being held in the Etowah County Detention Center on $5,000 property bond.
Full Article & Source:
Attalla caregiver charged with exploiting elderly person's finances
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