These children of celebrity dads are changing laws!

Peter Falk

When Catherine Falk asked to see her ailing father, her stepmother shut the door in her face. When Kerri Kasem arrived to take her dying father to a hospital, her stepmother met her in the driveway — and hurled raw hamburger at her.

The confrontations sparked headlines because the women's fathers were well-known public figures — actor Peter Falk and legendary DJ Casey Kasem. Both died while costly family legal squabbles raged over the visitation rights of their daughters and other relatives.

"It cost me $400,000 to see my father," Kerri Kasem recalled recently as she rushed to catch a flight to New Mexico and testify before the Legislature in Santa Fe. Her Kasem Cares Foundation is backing a bill she said would make it easier for friends and relatives to visit ailing elders.

"I don't want others to go through what we went through," says Kasem, 43, "emotionally and financially."

On the same day, Catherine Falk, 44, was heading to Utah and a legislative appearance to promote a similar visitation bill supported by the Catherine Falk Organization.

Though Falk and Kasem work independently, they've become a powerful one-two punch for reforming visitation laws, stumping for change in more than 30 states. Falk says her proposed legislation is now being considered in 10 states; Kasem's bill has already been adopted in three — California, Iowa and Texas.

The two agree their efforts are getting notice because of their celebrity fathers, and have little problem with such an advantage. "This isn't the Casey Kasem Bill, or the Mickey Rooney Bill, or the B.B. King Bill," Kasem said, referring to other personalities who went through similar elder battles. "It's the Visitation Rights Bill, and it affects thousands in the U.S."

Kasem and Falk are contacted regularly by people with horror stories to share, such as the Colorado woman who described her mother's common-law husband as an abusive alcoholic who prevented the rest of the family from seeing her, then beat her. The mother ended up in a rehab facility after a fall and the daughter was not allowed to visit. Not long after, the daughter learned her mother had died.

Though the coroner was called, she said, there was no autopsy and her mother's body was cremated.

"I do not know where her remains are," the woman said.

The Falk and Kasem bills focus on visitation rights and seek to provide intervention for seniors being physically or financially abused. The ultimate goal is a uniform federal law, since the bills vary state to state in language and differ in respect to guardianships.

Catherine Falk, daughter of Peter Falk, testifies before state lawmakers in Washington state. (Ted S. Warren / Associated Press)

California's Legislature, for example, unanimously approved a Kasem-backed bill that enables courts to order conservators to allow phone calls, mail and visits from relatives. Previously, a long and costly fight was likely when adult children challenged a conservator who was forbidding family contact.

Though similar, Falk's legislation sets legal standards for conservators, including a duty to inform relatives of a subject's illness or death, and allows "reasonable visitation" access. Disputes would be resolved in a streamlined court process to determine whether such a visit would be harmful to the senior. Conservators could also be fined for failing to act.

But not everyone thinks the proposed laws are necessary, or even a good thing.

At a January legislative hearing on Kasem's bill in Washington state, Megan Farr, an attorney representing the elder law section of the State Bar Assn., said the state had sufficient existing statutes to address isolation and abuse. And Steve Lindstrom, from the Washington Assn. of Professional Guardians, cautioned lawmakers not to "overly complicate what is already a fundamentally good law."

Celebrity DJ Casey Kasem and wife Jean Kasem in 1987.(Associated Press)

Falk said she was never notified when her father began suffering from advanced dementia, possibly related to Alzheimer's disease, and then she was barred from visiting. When he died at the age of 83, she and her sister said they learned of his death from the media and were never informed when he was buried at Westwood Memorial Park.

The stepmother, Shera Danese Falk, said in court that she had taken proper care of her husband as his appointed caregiver, with nurses subbing for her around the clock when she was away. She argued that Peter Falk had a strained relationship with his daughter dating back to a 1992 lawsuit when she demanded her father pay her college expenses, as required by his divorcee agreement with Alyce Falk. Catherine admitted they had a falling out over the suit but had since reconciled.

Kasem's situation was extreme enough that it made headlines.

Her father, the legendary DJ and longtime "American Top 40" host, was removed from a Santa Monica hospital in 2014 by second wife Jean Kasem, an actress who had a small role in the TV comedy "Cheers." Disconnected from a feeding tube and barely able to walk or speak, Casey Kasem was taken to Las Vegas, then to Washington state and a hospital in Gig Harbor, near Tacoma. There, at age 82, he died from complications of Lewy body dementia, similar to Parkinson's.

That followed a drawn-out legal challenge and an odd encounter at a home in Port Orchard, Wash., where Casey Kasem had been taken. Kerri Kasem said when she arrived with an ambulance and court order to see her father and take him for a welfare check, Jean Kasem threw a pound of wrapped, uncooked hamburger at her, according to court records. "In the name of King David," Jean reportedly yelled. "I threw a piece of raw meat into the street in exchange for my husband to the wild rabid dogs."

Later, Jean Kasem reportedly flew the celebrated DJ's body to Canada and then Norway, where he was buried — the end of an eight-month, 8,000-mile odyssey.

The Los Angeles district attorney's office investigated Jean Kasem for neglect and elder abuse, but concluded there wasn't enough evidence to support criminal charges. Deputy Dist. Atty. Belle Chen stated in a memo that Jean Kasem had made "continuous efforts to ensure that Mr. Kasem was medically supervised." Relocating him to Washington was an effort to protect his privacy, Chen said.

Peter Falk and Casey Kasem are remembered by stars on the Hollywood Walk of Fame. But their daughters are hoping for a more lasting tribute — 50 new state laws in their honor.

"What happened was wrong," said Catherine Falk, "but that would help make it right."

Anderson is a special correspondent based in Seattle.

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These children of celebrity dads are taking their stepmoms to court

2 Former Finance Professionals Charged With Exploiting Seniors

MINNEAPOLIS (WCCO) – State commerce officials are advising senior citizens and their families to be vigilant over their bank accounts after two former finance professionals were charged with exploiting senior clients.

Fifty-four-year-old Paul Bardine, of Minnetrista, and 45-year-old John Heath, of Edina, are charged in separate cases, but each faces a count of theft by swindle.

In addition, Bardine is also accused of insurance fraud, as well as stealing more than $270,000 from several clients, including a 79-year-old woman and couple in their 70s.

Heath faces an additional count of identity theft in a case where he’s accused of stealing more than $220,000 from an 88-year-old client with Alzheimer’s disease.

“These cases are a distressing reminder that seniors are often targeted for financial exploitation, and this threat is expected to grow as the senior population itself grows,” said Minnesota Commerce Commissioner Mike Rothman, in a statement. “I encourage Minnesota seniors to closely monitor their finances, talk with family members and contact the Commerce Department if anything seems suspicious.”

Authorities say Bardine was a former insurance agent who persuaded several clients to cash out annuities he’d sold them and invest in one of his companies. Bardine then used the money for personal expenses.

As for Heath, a former financial adviser, authorities say he cashed out an annuity owned by his client with Alzheimer’s disease by posing as him in official documents.

Anyone who believes they might be victims of Bardine and Heath is asked to call the Minnesota Commerce Fraud Bureau at 651-539-1617.
 
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2 Former Finance Professionals Charged With Exploiting Seniors

Senate Bills Passed, Aimed to Help End Elderly Abuse

A 2015 study done by the Department of Social Services found that by 2035, elders will make up around 30% of the population in cities like Sioux Falls and Rapid City. Two bills passed in the latest legislative session that are aimed to help protect this growing population.

In the last 5 years, the Department of Social Services has received 661 adult protective service calls and has made 92 charges in adult abuse in the last 10 years.

Now, in the latest legislative session two bills, senate bill 19 and 54, passed to help end elder abuse.

"People can use that weakness to kinda prey on them, if you will, and they don't always know where that's going to come from," said Jason Valder, owner of Home Instead Senior Care in Sioux Falls.
The abuse can range from physical and emotional to financial and even sexual.

And owner of Home Instead Senior Care Jason Valder says sometimes, the elderly don't know it's going on.

"There'll be contractors coming to the door, there'll be obviously people with phishing scams and emails," Valder explained. "We see folks getting duped by people over the phone, is where we see the most of it."

He noted that most people don't necessarily think of financial abuse when it comes to elder abuse.

But with the help of two senate bills, Senate Bill 19 and Senate Bill 54, he hopes to see that change.

Already a law, Senate Bill 19 made slight changes to Chapter 22-46-9 in the codified law which would require anyone who knows of abuse to report it within 24 hours or be guilty of a class 1 misdemeanor. The new changes specified who is required to report the abuse.

"We're bringing more effort and energy to the topic of elder abuse and that we're making it easier to prosecute the people, making the punishments harder," explained Jason Valder, owner of Home Instead Senior Care in Sioux Falls.

While Senate Bill 54 would adopt statutory recommendations made by the Elder Abuse Task Force.

The task force was created back in 2015 and the list of changes they made in a short amount of time isn't going unnoticed, especially by Jason Valder, "Certainly done their due diligence and gotten things accomplished. With the two bills passing, in such a short time, I commend them on their efforts."

Valder says the caretakers employed by Home Instead Senior Care go through background checks. A way, he says, to reduce the risk of elder abuse from his staff.

If you know of abuse or want to learn more about the signs of elderly abuse, the Department of Social Services offers many signs and resources. The Elderly Abuse Hotline is 605-773-3656.

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Senate Bills Passed, Aimed to Help End Elderly Abuse

Randy Meisner Fights Kids Over Conservatorship Plans

Eagles co-founder Randy Meisner is fighting his estranged children's efforts to place him under their conservatorship.

The veteran rocker's relatives have been concerned for his mental wellbeing after his wife Lana shot herself during a domestic dispute at their Studio City, Los Angeles home on 6 March (16) - two days before Meisner's 70th birthday.

Authorities subsequently ruled Lana's death was accidental, amid reports suggesting Meisner, who has previously battled drink and drug addictions, was struggling to cope with the tragedy.

His estranged kids are allegedly hoping to have him placed under their conservatorship, but the former Eagles bassist is objecting to their plans and he has filed legal papers in a Los Angeles court outlining his own request.

In the documents, obtained by TMZ.com, Meisner admits he needs help as he is in a "profound state of grief", and he is asking a judge to name a "trusted friend" and his financial advisor as his conservators.

It's not the first time Meisner has faced a conservatorship. Last year (15), a judge appointed a temporary conservator to oversee his medical care after his longtime pal, James Newton, claimed the star had become a victim of spousal abuse and was being kept in a constantly drunken state by his wife, Lana.

Newton also alleged Meisner, who had previously been diagnosed as bipolar, had threatened to overdose on pills. The musician and his spouse, who he wed in 1996, denied the allegations.

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Randy Meisner Fights Kids Over Conservatorship Plans

Daughter accused of helping to exploit parents

STUART, Fla. —A Martin County woman who is accused of scamming her parents is behind bars facing elderly exploitation charges.

Sgt. Yesenia Carde of the Martin County Sheriff's office said the victims are financially cleaned out.
"They had enough, they had enough," Carde said.

Over a period of a year, the elderly male victim in the case would head to a local grocery store on Kanner Highway in Martin County and use the ATM to withdraw money, according to an arrest affidavit. The victim would give the money to a courier.

But he would later learn it was all a scam.

The victim's daughter admitted to using a courier scam to trick her parents into paying the defendants $30,000 to $40,000 over the last nine to 10 months, reportedly to feed her drug habit, according to the sheriff's office.

"This couple, they were approached by the daughter and they cared for her, they love her and they wanted to take care of her but she embezzled quite a bit of money with the other co-defendants from them," Carde said.

When the money ran out, two of the defendants thought the couple and their daughter needed motivation, so they would continue paying, according to documents.

They reportedly kidnapped the three, drove them to a wooded area near western Palm Beach County and made them get on their knees. Then they allegedly threatened to "shoot them in the water and let the gators eat them," authorities said.

The three were returned to their home, and days later the elderly couple contacted the Martin County Sheriff's Office.

"Right now their main concern is fear of retaliation, obviously, hence why they won't come forward to speak to anybody else at this time. I can tell you that they were even having a hard time just getting food," Carde said.

There are four defendants in the case. They are the elderly victims’ daughter, Nicolas Reeds, Kenneth Ellershaw and Eric Fredericks.

All four face elderly exploitation charges.

Reeds and Ellershaw also face kidnapping charges.

The couple lost about $189,000 within a year, authorities said.

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Daughter accused of helping to exploit parents

Editorial: Aid for frail elders; gun bills blocked

Strong, but not enough

The adult guardianship reform bill — approved by the Legislature in the just-completed session and signed into law last week by Gov. Rick Scott — mandates landmark protections for the frail elderly in Florida.

Yet the new law is only one step toward effective oversight of the extensive system of caring for adult wards. More steps must be taken.

The new law, sponsored by state Sen. Nancy Detert, R-Venice, builds on a law Detert helped pass last year that aimed to curb abuses in adult guardianship, including regulating public guardians appointed to care for poor elders who are physically or mentally incapacitated.

The regulations and oversight are now extended to private guardians, requiring them to undergo background screening and meet training requirements. The new law also establishes a state Office of Public and Professional Guardians to monitor the system, investigate complaints and take disciplinary action.

Detert points out that Florida now has “the strongest laws” in the country for protecting adult wards, and we hope our state continues to set an example for dealing with a nationwide problem.

But even Florida’s laws aren't as strong as they should be. The Legislature should continue to build on the foundation that Detert and other lawmakers have laid.

The major flaw with the new law is the minimal funding allocated: $822,000 to establish the state monitoring office and hire six full-time employees. In a state of 20 million residents, 20 percent of whom are 65 or older, those resources seem far from adequate.

Compare the statewide program with the guardianship-monitoring system recently established in Sarasota County. The county, with a population under 400,000, has its own full-time employee — and some experts suggest that’s not enough.

Not all counties in Florida are populous enough to require a full-time guardianship monitor, but larger counties serving cities like Miami, Orlando or Tampa would probably need several to provide adequate oversight. And the statewide expense for such a system would be commensurate.

There’s no question that new regulations and the statewide monitoring program mark crucial progress. But more steps — and a realistic assessment of the funding necessary — are needed to provide the most effective protection of Florida’s adult wards.

Dodging bullets

Floridians concerned about the state’s loose gun laws and the threat of deadly weapons proliferating in public places owe a debt of gratitude to state Sen. Miguel Diaz de la Portilla.

The Miami Republican used his power as chairman of the Judiciary Committee to block the Senate’s consideration of “open-carry” and “campus-carry” gun bills passed by the Florida House.

The open-carry proposal would allow owners of concealed-carry permits to openly display their weapons in public. The campus-carry bill would let permit holders bring their guns onto college campuses. A third bill, which would have allowed the permit owners to bring weapons to meetings of local governmental bodies or the Legislature, also died during the session.

Diaz de la Portilla deserves congratulations for standing up to the powerful National Rifle Association and other gun-rights groups, which strongly supported the proposals and have tended to get their way in the Legislature in recent years.

The chairman obviously listened to the college administrators, faculty, students and police who opposed campus carry, and the Florida Sheriff’s Association, which fought open carry. In addition, the League of Women Voters and other nonprofit political groups mounted an effective campaign against both measures.

This year, Florida — already notorious for its “stand your ground” self-defense law and lax concealed-carry permit requirements — stood its ground in support of gun safety.

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Editorial: Aid for frail elders; gun bills blocked

Florida guardianship reform passes; seniors protest at courthouse

In the wake of numerous reports of abuse of incapacitated seniors by court-appointed professional guardians, the Florida House on Wednesday sent a bill to Gov. Rick Scott that for the first time would exert regulatory authority over a burgeoning industry that some critics dub “elder cleansing.”

On the same day, protesters marched outside of the Palm Beach County Courthouse in Delray Beach, calling for judicial reform.

The Legislature’s action follows media reports about professional guardians more interested in draining the savings of incapacitated seniors through fees for themselves and the cadre of elder law attorneys who represent them. The Palm Beach Post’s series Guardianship: A Broken Trust in January brought to public attention the role of the judiciary in guardianship of the elderly — many with dementia — who no longer can care for themselves.

As a result, Palm Beach County Chief Circuit Judge Jeffrey Colbath transferred Circuit Judge Martin Colin out of the Probate & Guardianship Division. Colin’s wife, Elizabeth “Betsy” Savitt, works as a professional guardian, compiling complaints from families of taking tens of thousands of dollars in fees without court approval. The chief judge required the south county judges to recuse themselves from her cases.

Under guardianships, seniors found by the court to be incapacitated often lose all legal rights to make decisions for themselves. When a family member is not available or they can’t agree on what to do, a judge can appoint professional guardians to make decisions on finances, medical care and housing for the senior.

Power to discipline
The legislation creates an Office of Public and Professional Guardians and for the first time requires standard practices and rules for professional guardians be created. It also gives the office enforcement power, including the ability to revoke a guardian’s registration.
Anybody can become a professional guardian with such vast powers over a senior’s life simply by going through a credit and criminal background check and 40 hours of training. The ranks of these professionals have risen from 108 in 2003 to 457 last year, according to the Department of Elder Affairs.

Elizabeth “Betsy” Savitt, Judge Colin’s wife and a professional guardian 

 

Guardianship reform started last year when lawmakers, among other changes, imposed criminal penalties for exploitation or abuse.  (Continue Reading)


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Florida guardianship reform passes; seniors protest at courthouse

Elderly Man With Alzheimer’s in ICU after Cops Brutally Beat Him for Breaking Into His Own House

Colorado Springs, CO — Colorado Springs Police are in hot water with a possible lawsuit over the brutal beating in July of a 72-year-old man who has Alzheimer’s.

Albert Schmeiler’s mother-in-law, Margot Alvarez, witnessed the attack and said it was absolutely unnecessary for officers to punch, kick, and slam her son-in-law to the ground. 

“The minute [CSPD officers] got out of the car, I told them he has Alzheimer’s, he’s confused, he’s hallucinating, he’s 72-years-old,” Alvarez explained to KKTV 11 News. 

According to the police report obtained by the outlet, officers were initially responding to a call that Schmeiler was breaking into a house. Though his sister-in-law was renting the property at the time, Schmeiler is the owner.

Schmeiler’s nephew was at home alone inside the house when police answered the call. Two responding officers separated the confused man from his nephew and Alvarez.

According to the Colorado Springs Independent, the officer dealing with Schmeiler didn’t understand the man’s agitation with comments he couldn’t ‘break in’ the house he owned. When the officer attempted to place handcuffs on the man, he allegedly attempted to strike the officer. 

The unnamed officer struck back, confused at the aggressive move, punching and kicking Schmeiler in the face and body several times before ultimately “taking a running start” and knocking him to the ground.

The officer’s attack left the 72-year-old unconscious, laying on the ground bleeding out.

Alvarez said Schmeiler suffered multiple brain injuries, cuts, and bruises — and had to spend a week in the intensive care unit. After recovering, Schmeiler was arrested on charges of trespassing and resisting arrest, and taken to jail. 

Though the charges were eventually dropped after evaluations by several doctors, the incident has had tragic repercussions for the man.

Schmeiler’s family told KKTV that since the beating, his dementia and Alzheimer’s have worsened. He now also suffers frequent headaches. 

Ironically enough, Colorado Springs Police were among several area departments which recently participated in training to handle incidents involving people who may have mental health issues. 

“To approach [someone possibly suffering a mental disorder] in a very aggressive way could escalate the situation,” explained Lori Jarvis of the National Alliance on Mental Illness, the advocacy group which devised the training session. “There are other ways to talk folks down, to talk them through a mental health or substance abuse emergency.”

That training, unfortunately, came too late for Schmeiler and his family. Their lawsuit seeking an amount reportedly in excess of $100,000 in damages for Schmeiler’s three brain injuries, has not yet been officially filed.

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Elderly Man With Alzheimer’s in ICU after Cops Brutally Beat Him for Breaking Into His Own House

Attorney General Jackley praises legislature’s commitment to fight elder abuse

PIERRE, S.D. - Attorney General Marty Jackley praises the South Dakota Legislator’s approval of resources to help fight elder abuse in South Dakota.

“All too often our seniors suffer physical and emotional abuse, neglect, and financial exploitation,” said Jackley. “The important work of the South Dakota Elder Abuse Task Force helped identify areas of concern that our Legislature has now prioritized by providing resources for the Attorney General to fight elder abuse in South Dakota. The Attorney General will use this opportunity to work with local law enforcement and other state and public entities to identify, investigate, and prosecute elder abuse cases and increase services to victims.”

The South Dakota Elder Abuse Task Force was created by the South Dakota Legislature in 2015 at the request of South Dakota Supreme Court Chief Justice David E. Gilbertson. The Task Force considered recommendations from nationally recognized experts. The experts told the Task Force that elder financial exploitation and abuse cases are complex, urging South Dakota to utilize law enforcement and prosecutorial specialists to handle elder financial exploitation and abuse cases. The Task Force adopted the experts’ recommendations as part of the Task Force report and legislative package.

Nationwide elder abuse is on the rise with up to a million elders being abused or neglected annually. Instances of reported abuse/neglect are between 1 in 14 and 1 in 23. In the area of elder financial exploitation, only 1 in 25 is reported and it is estimated that $2.6 billion in financial exploitation occurs annually.

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Attorney General Jackley praises legislature’s commitment to fight elder abuse