Tuesday, April 5, 2016

Scott signs bill aimed at unscrupulous guardians


TALLAHASSEE, Fla. (By The News Service of Florida) -- Gov. Rick Scott on Thursday signed a bill aimed at better protecting elderly Floridians from unscrupulous guardians.

The measure (SB 232), filed by Sen. Nancy Detert, R-Venice, calls for the Department of Elder Affairs to certify and oversee professional guardians. Under the bill, the Statewide Public Guardianship Office at the Florida Department of Elder Affairs will expand to become the Office of Public and Professional Guardians. It will establish standards for public and private guardians, receive and investigate complaints and penalize guardians who breach the standards.

Detert has often cited a December 2014 series by the Sarasota Herald-Tribune, which found that while Florida has an efficient system of identifying and caring for fragile elders, "tapping their assets is a growth business."

In 2003, there were 23 registered professional guardians on Florida. By 2014, the number had grown to more than 440.

Detert said private guardians can sell off wards' assets to pay themselves -- even to fight the wards' grown children in court. Private professional guardians often serve wealthy people, while public guardians serve incapacitated people who don't have anybody willing and able to serve as guardians.

The state has had a more heavily regulated system of oversight for public guardians.

Detert and House sponsor Larry Ahern, R-Seminole, said the bill would propel Florida into a leadership role nationwide in protecting seniors from guardian abuse.

Full Article & Source:
Scott signs bill aimed at unscrupulous guardians

Banks urged to do more to protect senior citizens; here's what Cleveland banks do


CLEVELAND, Ohio -- With 57 million people in the nation who are 62 and older, regulators are encouraging banks and credit unions to do more to help protect vulnerable older customers from fraud and scam artists.

The Consumer Financial Protection Bureau wants banks and credit unions to train employees to watch out for senior citizens and to develop software to spot suspicious transactions often associated with scams that target older customers.

Several large banks in Greater Cleveland already train employees to be on the lookout for such problems, but most don't go as far as the CFPB would like.

A few facts make this a critical concern, said Richard Cordray, director of the CFPB in Washington, D.C. The senior population is increasing by 10,000 every day. And many fraud victims, even if they realize they've lost money, are embarrassed to get help. And fraud targeting older consumers is becoming more common and more sophisticated.

"Fighting it has never been more urgent," Cordray said. Reports suggest that nearly 20 percent of seniors may be victimized at some point. "It is crucial that others know how to look out for them."

Specifically, the CFPB wants banks and credit unions to:
 Train employees to prevent, detect and respond to financial abuse. There are warning signs every banker should watch for.

 Develop fraud detection software to uncover suspicious account activity, including transactions often associated with fraud against senior citizens. The software should include "predictive analytics" to monitor anything that deviates from someone's normal pattern of transactions or suggests involvement with scams known to target seniors.

 Offer opt-in account options, such as limits on cash withdrawals that are large or outside of a certain geographic boundary. Other possible options: account alerts and view-only access for trusted third parties, such as a close relative or attorney or financial adviser.

 Report suspicious activity to federal, state and local authorities. "Just as a reminder," Cordray said, "we joined with seven other financial regulators three years ago to clarify that financial institutions generally are able to report suspected financial abuse of older adults to the appropriate authorities without violating any privacy provisions in the federal banking laws."

 Allow older consumers to provide advance consent to have the financial institution share account information with a trusted relative or friend if something suspicious is going on.

Fraud and scams can range from theft involving a caregiver, to large voluntary cash withdrawals to give to someone who claims to need money. Other victims fall for lottery or prize scams, or fake charities.

Banks and credit unions play a critical role, Cordray said, "because they know their customers well and often have more opportunity to deal with older consumers face to face when they engage in transactions."

Here's what a few of the largest banks in Cleveland said they do for older customers:

Third Federal Savings:
"Third Federal already addresses many of the CFPB's recommendations around protecting customers from fraud/abuse," said spokesman Dave Reavis.

"We do this through regular internal training, reporting suspicious activity, using predictive analytics (for all our customers) and offering age-friendly services such as account alerts. We regularly conduct branch and customer service training to prevent elderly exploitation and scams, and have done so for several years."

The bank offers training to detect and prevent the exploitation of older customers. "Our corporate security team regularly meets with our retail banking team to discuss how they can assist customers to identify and avoid fraudulent scams," Reavis said.

Tellers also have a standard "cash withdrawal letter" that they can give to a customer at their discretion if the customer wants to withdraw a large sum of cash and the bank encourages him or her to use a cashier's check or official check instead. The letter emphasizes the risks of withdrawing big sums of cash.

Third Federal also relies on "know your customer" practices. That means knowing a customer's normal banking patterns and proactively discussing any transaction that seems unusual, Reavis said, adding, "while the elderly are often the target, we train our associates to look for scams from all customers."

The bank also posts signs and distributes flyers in the branches to educate customers about possible scams. And it regularly works with law enforcement and adult protective services.

PNC:
The second-largest bank operating in Cleveland has a "comprehensive policy regarding financial exploitation of older and vulnerable adults," said spokeswoman Marcey Zwiebel. Two years ago, PNC adopted a companywide policy to detect and report exploitation.

"PNC is committed to its customers' financial well-being and to building a relationship of trust," she said. "PNC's policy is intended to protect customers who may have been victimized." Bank procedures identify "certain red flags that may indicate possible exploitation of an elder or vulnerable adult, based on standards established by the Financial Crimes Enforcement Network, among other sources," she said.

The bank also has procedures for reporting suspected exploitation so that it gets attention within PNC. Employees who deal with elderly and vulnerable adults must receive training and go through refresher training every other year.

Fifth Third:
The bank trains employees to watch for warning signs of fraud, "and we often assist when we see an issue arise," said spokeswoman Laura Passerallo. The bank also does outreach to nursing homes and assisted living facilities to alert consumers about how to be on guard for fraud and scams.

The bank doesn't offer view-only accounts or opt-in alerts for third parties.

We don't have any view only accounts or opt-in alerts for trusted loved ones. They would have to be set up as joint account holders.

KeyBank:
Key's approach to protecting customers -- older folks and others at risk -- is simple: "If we see something, we say something," said spokeswoman Drez Jennings.

The bank requires training for all employees who work with customers to watch "for unusual transactions or changes in how clients interact with them," she said.

They also watch for signs of physical or emotional abuse that might be precursors to financial crime, Jennings said.

Growing awareness has led to an increase in employees reporting possible abuse or fraud to the bank's corporate investigations team. Employees also regularly report concerns to Adult Protective Services.

"We also place a priority on protecting our clients' right to privacy," Jennings said, "and their right to personal independence."

Huntington:
The Columbus-based bank requires training for "front-line employees" to help them circumvent elder abuse, said spokesman Bill Eiler. Bank employees "have a strong track record of looking out for our customers if they perceive anything suspicious. Our employees are always alert for red flags and are encouraged to escalate concerns whenever they perceive something that does not seem right," he said.

Huntington doesn't currently have view-only accounts, although a customer could provide power of attorney to a trusted loved one to allow that person access.

Full Article & Source:
Banks urged to do more to protect senior citizens; here's what Cleveland banks do

Monday, April 4, 2016

Task force created to fight guardianship abuse in Clark County


Local and state law enforcement agencies have banded together in hopes of protecting the elderly and infirm from those who want to exploit them.

Nevada Attorney General Adam Laxalt officially announced Thursday that his office has partnered with with local district attorneys and police agencies to form a multi-agency task force to better protect vulnerable people under guardianships from financial exploitation and abuse.

The initiative started quietly in the summer on the heels of a Review-Journal series highlighting the flaws of Clark County’s guardianship system that oversees over 4,000 at-risk adults, who are often referred to as wards.

The series showed a lack of oversight by the courts that allowed private, for-profit guardians to skirt the system and drain wards of their freedoms and bilk their life savings, often within two or three years of becoming the guardian.

The new task force will add state resources to efforts historically handled by city and county law enforcement, including dedicating an attorney general fraud investigator to working exploitation cases alongside Las Vegas police. If a local district attorney decides to press charges, the attorney general’s office has pledged to help prosecute those cases.

“The satisfaction of the victim will be slow coming, but we want to expedite that and give them solace,” Sheriff Joesph Lombardo told The Associated Press. “We’ve learned that we have to not drag our feet.”

Guardianship abuse is notoriously hard for police to investigate and for attorneys to prosecute.

Once granted guardianship by the courts, the guardians have full control over a person’s life. They can access a ward’s bank accounts, sell any and all property — most without even informing the courts — and even force the ward to move out of their home.

Because of that access and power, proving theft in a guardianship becomes difficult unless it is completely overt. The cases are often document-intensive and can take several months from the time police submit the case until the time charges are pressed.

Even when abuses happen, wards are rarely able to report it themselves due to their physical or mental condition.

But in the past, even when claims of abuse are made, getting police to investigate has been problematic.

Nevada Supreme Court Justice James Hardesty, who is chairing a year-long Supreme Court commission that is looking at ways to improve the state’s guardianship system, said one of the most common complaints heard at commission meetings has been that law enforcement hasn’t done enough to investigate guardianship abuse claims. Several have told the commission they were turned away because police said the cases were “civil matters.”

“That may be true for many of the issues that have been raised by people,” Hardesty said Thursday. “But certainly where the facts warrant at least an investigation, law enforcement should equip itself to do it effectively and that’s what they’ve done.”

The commission is scheduled to meet three more times before submitting its recommendations to the Supreme Court. The next meeting is 1 p.m. Friday at the Regional Justice Center.

Full Article & Source:
Task force created to fight guardianship abuse in Clark County

Guardianships for Disabled Young Adults


Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole life. She has been in special education throughout her entire school career and requires specialized and frequent medical care.  Jane will never be able to live on her own or manage her finances. Jane’s parents will care for her indefinitely. Jane’s parents wonder if they need legal assistance to plan for Jane’s transition to adulthood.

Without proper planning, Jane’s parents will face great difficulty once Jane becomes an adult.   They will face difficulty communicating with Jane’s doctors, banks, and other financial institutions. This legal limbo poses serious practical problems for parents who are the sole caregivers of their disabled adult children.

Under Virginia law (which is similar to the law in other states), a parent is the natural guardian of a child until that child turns 18 years old. However, when Jane turns 18, she, disabled or not, is considered a legal adult under Virginia law. At that point, Jane’s parents have vastly less authority over Jane’s medical care and finances.

Jane’s parents may also believe that they can avoid this legal limbo if Jane executes a power of attorney. In Virginia, a person may execute a power of attorney appointing another person to act on his or her behalf. However, among other requirements, the maker of a power of attorney must be at least 18 years of age and possess legal capacity. By definition, disabled children are not yet 18 years old. In addition, many disabled adults will probably lack adequate capacity to execute a power of attorney.

Practically speaking, what are Jane’s parents to do? Due to her severe disability, Jane likely does not possess adequate capacity to execute a power of attorney. Jane’s parents’ best course of action would be to obtain guardianship and/or conservatorship over her.

Virginia Guardianship Basics
 
To obtain guardianship/conservatorship over a person, Virginia law generally requires:
  1. the parent to file a petition with the local circuit court;
  2. the parent to plead and prove certain facts, as set forth in the applicable statute;
  3. the parent to provide proper notice to certain relatives of the disabled adult,
  4. the Court to appoint a guardian ad litem to investigate and represent the interests of the disabled adult;
  5. the parent to obtain a doctor’s report and file the same with the Court, and
  6. the Court to hold a hearing to determine if the appointment is proper.
While guardianship/conservatorship proceedings may be instituted against an adult, Virginia law also permits the commencement of such proceedings when a child is seventeen years and six months old. This avenue provides a practical course of action for parents seeking a stress-free transition for their soon-to-be adult child.

Guardianships and conservatorships range in scope. In the final order, the Court will set forth the scope of each appointment. Generally, a conservator manages the estate of the disabled adult. This means supervising and operating bank accounts, negotiating checks and other instruments, making or taking out loans, entering into contracts, paying bills, and managing the estate of the disabled adult.
The guardian manages the disabled adult’s care, including determining residency, day-to-day care, and medical treatment. A guardian also has the authority to communicate directly with the disabled adult’s medical providers.

These appointments are not to be taken lightly. Both the guardian and conservator have tremendous power over the care and property of the disabled adult child. Consequently, they owe legal duties towards the disabled adult. In addition, the conservator must file accountings with the local Commissioner of Accounts, documenting the management of the disabled adult’s estate. The guardian must file annual reports with the local Department of Social Services regarding the disabled adult’s care.

Full Article & Source:
Guardianships for Disabled Young Adults

Nevada AG joining local efforts to stop dishonest guardians


LAS VEGAS (AP) - Nevada Attorney General Adam Laxalt and law enforcement officials from around the state are joining forces to stop legal guardians who swindle the disabled and elderly clients they're hired to protect.

Laxalt's office formally announced a joint guardianship and elder exploitation task force on Thursday, although it's been working quietly since last summer to investigate abuse cases.

The move follows Las Vegas Review-Journal articles last spring about wards who lost their life savings to professional, private guardians appointed by courts to help manage their financial affairs.

The attorney general's office is now dedicating an employee to investigate the cases full-time alongside Las Vegas police.

The Nevada Supreme Court is also working to correct flaws in the guardianship system through a commission that's expected to recommend changes later this spring.

Full Article & Source:
Nevada AG joining local efforts to stop dishonest guardians

Sunday, April 3, 2016

Steve Miller: Why Have Jared Shafer And Elyse Tyrell Been Allowed to Fleece The Elderly And Disabled For Years?







Guardianship attorney and Nevada Supreme Court Guardianship Commissioner Elyse Tyrell is Jared Shafer's sign company's attorney and registered agent.

Shafer's PFSN, Inc. office manager Amy Viggiano Deittrick is his sign company's manager and runs the sign and guardian businesses out of Shafer's office located at 5858 S. Pecos Rd., Suite 500, in Las Vegas.

Signs of Nevada also uses Shafer's PO Box 50790, Henderson, Nevada.

I believe that Shafer and Tyrell's political advertising business is the reason so many judges and district attorneys have let them get away with their guardianship scams for so long.

Shafer allegedly has the ability to discount or donate his signs to candidates he and Tyrell favor, and based on the performance of Clark County Family Court Judges William Voy (also a Guardianship Commissioner), Charles Hoskin, Art Ritchie, and their appointed Hearing Master Jon Norheim (Rick Rizzolo's former lawyer), the sign company is paying them with dividends through their favored candidate's lack of attention and enforcement.

Based on Colton Lockhead's story in today's Review-Journal, I hope that Clark County District Attorney Steve Wolfson will no longer need Shafer and Tyrell's signs for his future campaigns, and will prosecute the duo to the fullest extent of the law for their crimes against the weakest of the weak in our society.
~ Steve Miller

Elyse Tyrell


Jared Shafer

Palm Beach man Martin Zelman, focus of twisted guardianship case, has died


A Palm Beach man, who was the focus of what amounted to a custody fight between his wife and his adult children, has died.

Martin and Lois Zelman in 2014
The death of Martin Zelman, a successful Long Island real estate investor, was announced by his family in an obituary that appeared on March 8 in the New York Times. He was 87.

His second wife, Lois Zelman, who fought his adult children’s efforts to separate them after 15 years of marriage, was not mentioned in the obituary.

Lois Zelman was ordered out of the couple’s Palm Beach condo in 2o14 by then-Palm Beach County Circuit Judge Diana Lewis. She believed Martin’s children’s claims that Lois was a threat to their father’s well-being. The decision was overturned nearly a year later by the 4th District Court of Appeal. It ruled that Lewis had for fallen for “legal hocus pocus” and had violated Lois’ rights.

But by that time, it was too late for the couple to resume their life together. With Martin Zelman falling deeper into the well of Alzheimer’s disease, he no longer recognized his wife, said attorney Jeff Fisher, who represented Lois in the litigation.

“Due to an abuse of the guardianship process, Lois lost the ability to care for and be with her husband in the last years of his life,” Fisher said Tuesday. “Martin’s passing makes that fact all the more painful for her.  At this point, we simply hope that the rulings from her case prevent the same thing from happening to other couples who are at a similarly vulnerable stage of their lives.”

At stake in the case was roughly $10 million. According to a prenuptial agreement, if Martin divorced Lois she wouldn’t get the money.

In the guardianship case, Lewis ruled that Martin was incompetent and appointed his children as his guardians. But she let him preserve the ability to file lawsuits. While a divorce suit was filed, Judge Charles Burton later threw it out, ruling that Martin lacked the capacity to understand what he was doing.

The dispute was ultimately settled out of court.

Full Article & Source:
Palm Beach man Martin Zelman, focus of twisted guardianship case, has died

See Also:
Appeals court blasts judge’s order to make woman, 80, leave condo

Senate passes bill to better protect senior citizens from abuse


Senator Patrick Gallivan announces the Senate has passed a bill to make it easier for victims of elder abuse to provide testimony in criminal proceedings against their abuser.

The legislation would allow elderly witnesses, age 75 or older, to be examined conditionally in order to preserve their testimony for future use.

“We have a responsibility to protect our senior citizens,” Gallivan said. “Elder abuse, whether physical, psychological or financial, is on the rise as our senior population continues to grow. This legislation helps ensure those who abuse and exploit the elderly are held accountable and do not go unpunished.”

The bill would allow recorded testimony from elderly witnesses to be used as evidence at a later date in a criminal proceeding. Under current law, victims can only be examined conditionally – or record their testimony before a trial begins – if they suffer from a demonstrable physical illness or incapacity. Unfortunately, some victims who appear healthy at the outset of an investigation pass away before the trial begins.

In a case prosecuted a few years ago, a man in his 90’s, said to be in good health for his age, was the victim of theft by his long-time home aide. He passed away after the aide’s arrest but before the case was presented to a Grand Jury. The case was prosecuted, but would have been improvable if the aide had not confessed.

“Offenders should not be able to game the system by delaying legal proceedings in the hope that an elderly witness will pass away before trial,” Gallivan said.

A conditional examination would preserve the testimony of witnesses who are of advanced age.
The bills have been sent to the Assembly.

Full Article & Source:
Senate passes bill to better protect senior citizens from abuse

Tooley's Cafe owner indicted on embezzlement, elder exploitation charges


The Henderson County grand jury has indicted the owner of Tooley's Cafe on several embezzlement and elder abuse charges, District Attorney Greg Newman confirmed Friday.

According to online court records, Kim Ellen Justice is charged with four felony counts of embezzlement and with three counts for exploitation of an elder adult. Newman said Justice is accused of taking millions of dollars from an elderly customer.

The indictments were handed down Wednesday, and more charges are expected to be brought in the coming weeks, Newman said.

Justice came in contact with an elderly man who would frequent Tooley's Cafe two years ago and formed a friendship with him, said a source close to the case who asked not to be named.

On Aug. 21, 2014, Thomas Byrne signed over his power of attorney rights to Justice, according to Henderson County register of deeds online records.

Then, over the next several months, Justice began transferring funds from Byrne's bank and investment accounts and taking the money, the source said.

“There are a lot of sad situations with the elderly and criminal activity,” Newman said. “If there's enough to support a charge, then the law enforcement agencies will charge someone.”

After an investigation was completed by the State Bureau of Investigation, authorities determined that there was enough information to bring charges against Justice, Newman added.

When contacted Friday by the Times-News, Justice said she did not want to comment on the charges.

The spokesperson for the State Bureau of Investigation could not be reached Friday because of the Good Friday holiday.

The Henderson County Courthouse also was closed on Friday, so court documents were not available.

Full Article & Source:
Tooley's Cafe owner indicted on embezzlement, elder exploitation charges