Tuesday, April 12, 2016
Watching out for you: Prosecutor's office creates new program to protect elderly
In response to an increase number of scams and crimes against the elderly, new team formed in Middlesex County
An 87-year-old Linden woman was scammed out of $14,000 by a caller who claimed her son was in jail.
An 77-year-old South Brunswick man paid $5,000 to a man who called claiming to be an IRS agent and allegedly threatened arrest for failure to pay back taxes.
Last week a Brooklyn woman was arrested and charged in connection with allegedly stealing $200,000 from an 86-year-old Monroe relative.
And on April 2 the FBI posted a story about the latest version of the "grandparent scam" in which scam artists are now using personal information from grandchildren's social networking site to scam grandparents into wiring money to rescue a grandchild.
These disturbing stories reflect an uncomfortable trend: The elderly are easy targets for criminal activity.
Now Middlesex County Prosecutor Andrew C. Carey hopes a brand-new initiative will fight back against those who commit crimes against senior citizens.
Carey has formed a new Elder Abuse and Exploitation Team, an in-house unit of detectives, assistant prosecutors, support staff and Agent Andrea Boulton, who formerly served as planner for the Middlesex County Department of Aging and Disabled Services, and has many contacts with senior organizations, senior center directors and grantees in the county.
And Middlesex County isn't alone in looking to ward off those who prey on the elderly.
New acting Somerset County Prosecutor Michael Robertson has plans to create an Elder Abuse Task Force in the Special Investigations Unit.
As part of the task force, a detective and assistant prosecutor would work with the Somerset County Office on Aging and the New Jersey Department of Children and Families would work on elder abuse cases. The task force also would be involved with outreach by educating seniors about the signs of abuse, including internet and telephone scams, distraction burglaries. The task force also will be training officers throughout the county about the signs of elder abuse. (Continue Reading)
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Watching out for you: Prosecutor's office creates new program to protect elderly
Nonprofit focuses on keeping Alzheimer's sufferers home
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| Lisa Baron |
A St. Louis nonprofit is helping people with Alzheimer's disease stay in their homes longer, which its founder says benefits patients while saving taxpayers money that would otherwise go toward paying for nursing home care.
Lisa Baron, who founded Memory Care Home Solutions, testified Wednesday before the U.S. Senate's Special Committee on Aging during a hearing that focused on the financial and emotional toll that Alzheimer's disease has on the 5.4 million Americans who suffer from the disease and their loved ones.
Baron told the committee that America is "facing a national crisis caused by Alzheimer's and dementia."
Democratic Missouri Sen. Claire McCaskill, who co-chairs the committee along with Republican Sen. Susan Collins of Maine, cited studies showing that dementia care could cost the nation $1 trillion annually by 2050. She said Medicare and Medicaid pay "the vast majority" of that cost.
"The model of Lisa's organization not only helps seniors to remain in their homes, but also provides critical assistance to family caregivers who are so often overlooked," McCaskill said.
In an interview Thursday, Baron told The Associated Press that she started her nonprofit in 2002, not long after her mother-in-law, suffering from Alzheimer's, wandered away from home. Firefighters later found her. She had fallen and wasn't able to get up, but was otherwise unharmed.
"That was the moment I knew I had to help other families dealing with the destruction of this disease," Baron told The Associated Press.
Baron said she was inspired by the dignity with which her father-in-law treated his stricken wife, allowing her to remain home as long as possible. She said that on average, her clients stay home a full year longer than others at similar stages of the disease.
Memory Care Home Solutions uses donations to help mostly low-income families that are coping with the disease — more than half of the organization's clients earn less than $20,000 annually. Services are provided at no cost.
It isn't just memory that abandons someone with Alzheimer's. Their vision is affected, depth perception, balance. Being forced into an unfamiliar environment often makes things much harder for them, Baron said.
"Therapeutically it's the best thing to stay in their home, the environment they know so well," Baron said.
So her organization trains caregivers to deal with the side effects of the disease, and establish safeguards that can allow the Alzheimer's sufferer to stay out of a care facility as long as possible.
Caregivers are taught the basics, ranging from how to change a diaper to how to lessen the risk of falling out of bed. The organization provides an alarm that sounds if the person with dementia opens a door to the outside. The program also helps the caregiver deal with problems common for dementia patients, such as dehydration, urinary tract infections, hallucinations and falls.
Easing the burden of the caregiver is vital, too.
For example, a common side effect is disorientation when awakening. A person with dementia might wake up in the middle of the night and believe it is breakfast time. Memory Care teaches caregivers to leave breakfast items out at night so that the person with the illness can eat without requiring the caregiver to get out of bed.
Baron estimates that by allowing clients to remain at home longer, her program has saved the Missouri Medicaid program more than $30 million.
"It really helps in terms of quality of life, and it diminishes costs," she said.
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Nonprofit focuses on keeping Alzheimer's sufferers home
Monday, April 11, 2016
Feds will take some of disgraced Clark County Judge Steven Jones’ pension
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| Former Family Court Judge Steven Jones |
LAS VEGAS REVIEW-JOURNAL
A federal judge Monday gave the government permission to commandeer the public pension of former Family Court Judge Steven Jones to help pay $2.9 million in restitution owed victims of his investment scheme.
The Public Employees Retirement System of Nevada — which says Jones is eligible for roughly $10,000 per month for life under early retirement — fought the effort in the interest of preserving the integrity of the system for its 155,000 members.
In a ruling from the bench, U.S. District Judge Jennifer Dorsey said the government has a right to step into Jones’ shoes and apply a portion of the early retirement benefit to the owed restitution.
Dorsey said federal prosecutors could garnish 25 percent of the $10,000 each month and put the rest of the money in the former judge’s federal prison account. Prosecutors plan to seek the rest of the money at a later date.
PERS General Counsel Christopher Nielsen told Dorsey he would work with prosecutors on a written order setting parameters of the pension grab.
Jones, 58, is serving a 26-month prison term at a federal facility near Bakersfield, Calif. as a result of his conviction for participating in the decade-long investment scheme. His projected release date is April 12, 2017.
He pleaded guilty in September 2014 to one count of conspiracy to commit wire fraud and resigned after 20 years on the bench. The Nevada Commission on Judicial Discipline last month banned Jones from the bench for life.
An October 2012 indictment alleged that Jones and five others persuaded people to lend them money for investment projects under the guise of quick repayment with high interest. Jones later admitted that he used his judicial office to further the fraud. At least 22 victims were swindled out of the $2.9 million.
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Feds will take some of disgraced Clark County Judge Steven Jones’ pension
Guilty plea in financial exploitation of elderly Rochester woman with dementia
Donald George Polikowsky, 64, entered a plea of guilty Thursday in Olmsted County District Court to one count of financial exploitation of a vulnerable adult. He had been facing four counts of the crime for allegedly taking money from his mother’s accounts after she was diagnosed with dementia in 2009.
The specific crime to which Polikowsky is admitting is that between Feb. 17 and Feb. 22, 2012, he wrote two checks from a joint checking account with his mother. Authorities say those checks for a combined $30,400 were issued to Polikowsky and his son, 31-year-old Jason Polikowsky.
Donald Polikowsky is set to be sentenced on June 21.
Jason and his wife, 39-year-old Jessica Polikowsky, are charged with 14 counts each of financial exploitation of a vulnerable adult for allegedly taking hundreds of thousands of dollars from his grandmother’s accounts. They have pleaded not guilty and are due to stand trial on June 27.
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Guilty plea in financial exploitation of elderly Rochester woman with dementia
Volunteers sought for guardian program
Stark County Probate Judge Dixie Park is seeking volunteers for the probate court's Guardian Visitor Program.
Guardian visitors serve as the court's eyes and ears visiting the wards under guardianship and those who serve as their guardians, a press release from Park said. Guardian visitors report on the well being of the wards.
By law, the probate court is responsible for overseeing cases of people who, due to serious physical or mental disabilities, need help in making decisions about their daily lives.
In Stark County there are about 1,700 ongoing guardianships, according to Park.
Volunteers will receive initial training and ongoing support from the court.
Anyone interested in volunteering as a guardian visitor, call 330-451-7752.
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Volunteers sought for guardian program
Sunday, April 10, 2016
Tonight on T.S. Radio: FATE (Foundation Aiding the Elderly), Carole Herman, Founder/President
Guest will be: Carole Herman-President and Founder of Foundation Aiding the Elderly (FATE)
Foundation Aiding the Elderly (FATE) is a Sacramento, California based 501(c)(3) Nonprofit Corporation whose objective is to serve as a voice for patients and to bring about national reforms and enforcement of the laws governing the nursing home industry and its regulatory agencies in order to assure proper care, civil rights and meaningful, dignified life for the elderly in long-term care facilities.
On FACEBOOK: https://www.facebook.com/4fate.org/?fref=ts
Carole will be discussing these two Florida Statutes:
FS 400.0238 Punitive Damages: Limitations (5)This section is remedial in nature and shall take effect upon becoming a law.
FS 400.0239 Quality of Long-Term Care Facility Improvement Trust Fund. (2) b Development and implementation of specialized training programs for long-term care facility personnel who provide direct care for residents with Alzheimer’s disease and other dementias, residents at risk of developing pressure sores, and residents with special nutrition and hydration needs.
SHOCKING NURSING HOME ABUSE & DEATH OF WRESTLING LEGEND LEADS TO CALLS TO TIGHTEN OVERSIGHT
Wrongful Death Victims Families MANDATED to PAY 50% of Punitve Damages awarded by Jurors to Help Improve The Quality of Care in Nursing Homes. Totally Unjust and Unjustifiable.
*** Call to Action*** Florida Residents: Contact Your State Reps and Request REPEAL & REFUND Wrongful Death Victims Family of these two unjust Florida Statutes for 2017 Legislation.
LISTEN LIVE or listen to the archive later
State attorney marshals a team to target exploitation of elderly
He couldn’t keep himself fed and in 2010 was found wondering his West Palm Beach neighborhood several times. But just months earlier, the 81-year-old bought a $24,000 Harley Davidson Ultra motorcycle. The octogenarian also bought a Chevrolet Impala and a GMC pickup.
A fleet for a senior who lost his driver’s license for medical reasons in 2006.
Turned out the co-owner of these vehicles was Cavallaro’s live-in professional caregiver, Richard Okray. He had obtained Cavallaro’s power of attorney. Palm Beach County sheriff’s investigators discovered Okray defrauded the senior of more than $246,000.
“One of the big issues we are seeing is that people like to operate under the color of law,” said Palm Beach County State Attorney Dave Aronberg. “They say, ‘Oh, I have power of attorney or I have a guardianship.’”
It’s cases like these that led Aronberg in January to establish the Elder Affairs Task Force, tapping Chief Assistant Brian Fernandes to head it and assigning two go-get-‘em prosecutors from the white-collar crime unit to look into cases: Kathryn Perrin and Michael Rachel.
Scamming the elderly is as much a characteristic of Florida as the beach and alligators — and it is always a moving target for law enforcement.
Aronberg said he saw a need to coordinate law enforcement, government agencies and outreach groups to better recognize when a trusted relative or caretaker has their hand in the pocket of a senior.
Sheriff deputies got wind of Okray by happenstance when the caregiver was arrested for DUI and Cavallaro ended up alone and struggling at night, according to a sheriff investigator’s report. Okray is now at an upstate prison work camp serving nearly a three-year sentence for exploitation of an elderly person. Cavallaro died in November 2013.
So far there have been three task force meetings involving municipal police forces, the Florida Department of Children & Families, the Legal Aid Society and the Palm Beach County clerk’s auditor overseeing guardianship abuse.
When police learn about suspected exploitation of a senior, this type of fraud involves heavy lifting for municipal police and prosecutors, Aronberg said. Rooting out criminality is a time-consuming task of compiling bank statements and other documents and interviewing the victim suffering from dementia and family members often at cross-purposes.
Mitchell Kitroser, a North Palm Beach attorney specializing in elder law, describes such cases as a “nightmare” for police investigators, especially when the suspect is the grown child of the senior.
Investigators must determine whether the senior is operating out of kindness of heart or under undue influence.
“It is a blurry line. It is very hard for law enforcement under those circumstances,” he said. “But if you don’t prosecute them you are leaving the elderly vulnerable in the community. You have to prosecute the ones you know about so you can deter people from doing it. Otherwise, it is open season on the elderly.”
Perrin said seniors are sometimes reluctant to report financial abuse to police or prosecutors. “A lot of times we don’t see these cases because they don’t want to be embarrassed,” she said.
Seniors targeted often are of the Greatest Generation who are isolated after a spouse dies and whose children live out of state. They are more trusting than their children and grandchildren of authority figures, including caregivers, guardians or seemingly well-intentioned relatives.
A good example, she said, was last year’s conviction of Boynton Beach caregiver Sultane Valcius, who received a 10-year prison sentence for bilking senior Maxwell Stander of $1.4 million in written checks over five years, investigators found. The 95-year-old described Valcius to sheriff’s deputies as “a member of his family” and thought he was helping her pay for schooling and investment properties. When police listened in on his calls to Valcius, the caregiver insisted she was destitute and asked for even more money.
Perrin and Rachel, the prosecutors on the task force, also have been out in the community sounding the alert. Perrin spoke in October to the South Palm Beach County Bar Association, titling her speech: “When Worlds Collide: Criminal Prosecutions Overlapping with Estate and Guardianship Matters.”
Judges appoint relatives or professionals as guardians to handle the affairs of incapacitated seniors. The task force came online as lawmakers in Tallahassee cracked down on reports of unethical court-appointed professional guardians by establishing the state’s first regulatory authority over the industry.
In Palm Beach County, Clerk & Comptroller Sharon Bock set up a guardianship hotline in 2011, leading to 900 cases investigated and discovery of more than $4.5 million in unsubstantiated disbursements, missing assets and fraud.
Chief Circuit Judge Jeffrey Colbath also announced reforms in February following The Palm Beach Post’s investigation, Guardianships: A Broken Trust, that discovered cronyism and nepotism involving Circuit Judge Martin Colin and his wife, Elizabeth “Betsy” Savitt, a professional guardian who has taken tens of thousands of dollars in fees from guardianship accounts without prior court approval.
Colbath transferred Colin out of the Probate & Guardianship Division and moved his wife’s cases away from south county judges to halt any appearance of favoritism. Colbath also said he planned to have professional guardians randomly assigned to cases, standardize their billing practices and have probate judges and their staff undergo in-house training.
Perrin said she is passionate about protecting the elderly. She came to the State Attorney’s Office about six years ago after spending time in a lucrative private practice because she found public service more rewarding. She said seniors are easy prey for criminals at a time in life when they are in the most need for respect and understanding.
“It’s heart-wrenching what happens,” she said. “I think we all deserve some dignity.”
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State attorney marshals a team to target exploitation of elderly
The Spirit of American Slavery Lives On in Probate Court
Instead, she says she walked out as a ward of the state of Florida under the command of a professional guardian.
“I didn’t have health insurance at the time and somebody filed an emergency guardianship petition with the local court while I was hospitalized,” said DiZenzo who moved to Florida from Connecticut for the sunny climate.
DiZenzo is among the 58% of Americans who became wards of the state based on a probate court order of emergency temporary guardianship, according to the Americans Against Abusive Probate Guardianship (AAAPG), an advocacy organization in Florida.
“Probate courts in America have a sordid history,” said Dr. Sam Sugar, founder of the AAAPG in Miami. “They were the primary mechanism for dealing with legal issues in the slave trade until slavery was abolished in 1865. These equity courts committed and continue to commit egregious abuse against the most vulnerable in society.”
When slavery was legal in the U.S., bounty hunters would travel across state lines to reclaim runaway slaves while slave masters thought nothing of heartlessly alienating children from their parents by selling them off to other slave owners. Although DiZenzo is of Italian-American and not African-American descent, she says her family experienced something different but very similar.
“My dad was successful in relocating me back to South Port, Connecticut but the guardian followed us and threatened to charge him with kidnapping if I was not extradited back to Florida,” said DiZenzo of her 86 year old father who has since passed away.
Hiring a personal attorney to fend off an emergency temporary guardianship requires a considerable amount of money, which DiZenzo didn't access fast enough while she was sick.
"When I called the bank to inquire about my bank account, customer service refused to disclose any information," she said.
That’s because once under guardianship an individual becomes a ward of the state and loses all rights, even financial ones.
“A guardian has the power to help themselves to the assets of wards without any oversight," Sugar told Newsmax Finance. "The guardian’s power is total and cannot easily be challenged. They are lord and master over that person's life, assets and existence and in some cases guardians buy and sell wards to one another.” (Continue Reading)
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The Spirit of American Slavery Lives On in Probate Court
Seniors deserve compassionate care
Thankfully, the U.S. Department of Justice will launch 10 regional elder justice task forces across the country. The priority will be the safety, protection and care of senior citizens. These task forces will bring together federal, state and local prosecutors, law enforcement and agencies that provide services to the elderly to coordinate and enhance efforts to pursue action against nursing homes that provide grossly substandard care to residents.
While most nursing homes do things the right way, we sometimes hear about seniors being treated horribly and living in sub-par conditions in nursing homes. Mistreatment of the elderly isn’t limited to physical abuse, it can also be emotional and financial.
There is no place for this in our society, and these task forces should put these facilities on notice that cruel treatment toward seniors won’t be tolerated, and that if it occurs, those responsible will be held accountable.
The first step will be holding periodic meetings with law enforcement and government agencies to streamline the process of getting information into the right hands.
The second role of the task forces is community outreach. Task force members will attend community events to get the word out and make themselves available to hear public comments. It’s important to get the word out to the public that this is a high priority for these task forces.
The final step is working with Medicaid and Medicare programs and making sure any failure to provide proper care is referred to law enforcement.
Overall, the task force wants to ensure that our senior citizens are safe. Establishing these task forces is a great start toward ensuring that our senior citizens are safe and treated well.
Through these task forces, much-needed attention is being brought forward about abuse of the elderly, whether physically, emotionally or financially.
Bowling Green Police Department spokesman Officer Ronnie Ward put it best when he said, “When more attention is focused on a problem, it’s always good for people to be aware and understand what constitutes a crime.”
These task forces will do just that and then some.
— Anyone who suspects elder abuse may call anonymously to a 24-hour toll-free hotline at 1-800-752-6200.
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Seniors deserve compassionate care
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