Tuesday, May 3, 2016
Man dies in Pinellas nursing home, possible abuse investigated
PINELLAS PARK, FL (WFLA) – A resident at the local nursing home died at the hospital Saturday. Now Pinellas Park Police detectives are investigating if this was a case of abuse.
It happened at the Gracewood Nursing Home located at 8600 U.S. Highway 19 North in Pinellas Park. About 10 p.m. Saturday PPPD officers were informed by paramedics that a resident at the facility who was possibly a victim of abuse was taken to a hospital.
According to the initial report, the 65-year-old man may have been left outside in the sun for a long time. He had second-degree burns with blisters and was suffering from dehydration. Paramedics said he went into a cardiac failure and died.
Pinellas Park PD detectives are now investigating what exactly had happened at the nursing home. They are working to determine if any abuse has occurred and whether or not it contributed to the man’s death.
The victim, Wilbert Henry Moten, had no relatives, only a guardian appointed to him.
The Department of Children and Families was notified and will also be involved in the investigation.
The facility has been fined five times in the last 10 years for various violations, including a failure to file a nursing home renewal application on time, failure to provide an accurate assessment of dental hygiene and access to dental care, failure to ensure the mechanical lifts function properly and others.
Stay with WFLA for more on this developing story.
Full Article & Source:
Man dies in Pinellas nursing home, possible abuse investigated
How Corrupt Is America's Judicial System?
A recent watchdog report found that almost half of Americans polled believe that the U.S. justice system is corrupt. Many who hold this belief likely turn to a host of recent scandals involving judges being bribed.
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How Corrupt Is America's Judicial System?
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How Corrupt Is America's Judicial System?
Roger Talking About Attorney Howard Reiner
Roger being held against his will under Harris County Probate Court 4 and attorney Howard Reiner:
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Roger Talking About Attorney Howard Reiner
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Roger Talking About Attorney Howard Reiner
Monday, May 2, 2016
Songwriter's Home Up for Sale at Steep Increase
The Belle Meade home that songwriter Danny Tate lost in the midst of his battle to get out of a court-ordered conservatorship is now on the market for more than five times the amount his one-time lawyer paid for it in 2012.
The 3-bedroom home at 5909 Old Harding Pike is being advertised for $649,900 by local real estate agents.
Tate's one-time lawyer Michael Hoskins of Nashville purchased the home in September of 2012 at a court ordered auction. The sale had been ordered to pay off, at least in part, Tate's legal bills amassed in his years-long battle to end his conservatorship.
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| Michael Hoskins |
Hoskins and Nashville attorney Paul Housch were the only bidders at the Sept. 18, 2012 auction for Tate's house held on the steps of the Nashville courthouse. Housch was also seeking payment for legal services at the time.
Hoskins did not respond to questions about the sale.
The advertisement for Tate's former home lists its three bedrooms and 2.5 baths and a .84 acre lot.
The one-floor home has 2,801 square feet. The property is assessed for $232,100, according to Metro records.
Tate was placed in a conservatorship without his knowledge after his brother filed an emergency petition in Davidson Probate Court on Oct. 19, 2007.
Tate said he learned that his former home was up for sale when he drove by it recently and saw a for sale sign.
Tate has disputed the legal fees assessed against him during and after the conservatorship and filed a complaint against Hoskins with the state board that licenses attorneys.
Tate was one of several witnesses to testify at a series of hearings conducted by the Tennessee Bar Association on problems with the handling of conservatorships in Tennessee. The hearings led to a several amendments to the law, with many of the changes focused on emergency petitions like the one filed against Tate.
A noted songwriter, Tate has also seen the royalties from his songs tied up in litigation stemming from the conservatorship. Hoskins was seeking to attach those same royalties when the bankruptcy case was filed.
Contact:wfrochejr999@gmail.com
Davidson Assessor
GENERAL PROPERTY INFORMATION
- Map & Parcel: 129 04 0 076.00
- Location: 5909 OLD HARDING PIKE
- Current Owner: HOSKINS, MICHAEL G.
- Mailing Address: 5909 OLD HARDING PIKE, NASHVILLE, TN 37205
- Legal Description: LOT 1 LONGVIEW SUB
- Tax District: USD View Tax Record
- Assessment Classification*: RES
- Legal Reference: 20151001-0099719 View Deed
- Sale Date: 09/22/2015
- Sale Price: $0
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Songwriter's Home Up for Sale at Steep Increase
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Danny Tate
Danny Tate's Home Auctioned Off --- to his Former Lawyer!
Suit alleges woman, 89, victim of mortgage fraud: County officials, private attorneys combat elder abuse
But while the civil case is just getting started after being submitted in San Mateo County Superior Court last Friday, it represents the ongoing work of a county task force comprised of public and private groups seeking to deter elder abuse.
Gunhild B. Bogue, an 89-year-old whose estate is now under the conservatorship of the San Mateo County Public Guardian, is believed to be a victim of foreclosure fraud during which she agreed to sign a will promising to leave her Menlo Park property to a practical stranger, said Alexandra Banis, an attorney with Barulich Dugoni Law Group. The suit alleges Realtor Robert Leitao contacted Bogue after the property was listed as in foreclosure. He offered to pay her mortgage while allowing her to remain in the home until she died in exchange for her to deed him the property worth an estimated $1.4 million, Banis said.
As an elderly woman with health problems who was in a desperate situation with little understanding of what was happening when she met Leitao in February, 2015, Banis said it’s an unfortunate case of what surmounts to elder abuse, fraud and negligent misrepresentation.
Leitao disagrees, noting the county and attorneys have yet to hear his side of the story. He claims to have helped Bogue as she was just days away from losing the property that had nearly $800,000 worth of debt and a mortgage that hadn’t been paid for years. He also contends Bogue was a hoarder who, despite their agreement, didn’t allow him to fix up the property that’s in shambles.
Now, the county’s Elder and Dependent Adult Protection Team is seeking to support Bogue and deter abuse against this vulnerable population, said Banis and Deputy County Counsel Aimee Armsby.
The group made up of representatives from the county’s Health System, District Attorney’s Office, County Counsel and private law firms was solidified by the Board of Supervisors in November.
“It’s about providing protection and education for the seniors who reside in our county and we know that there are folks out there who are at risk of being taken advantage of,” said Armsby, who expressed concern about the increase of financial-fraud related cases. “I think that’s always going to be a worry in particular in San Mateo County because of the value of real property. Real estate is often the most substantial asset that a lot of older folks have.”
Banis said the firm she works for has been involved with the county team’s work and women over the age of 85, such as Bogue, are one of the most susceptible demographics in the United States.
“We interact a lot with the aging population here in San Mateo County and we saw the need to protect against elder abuse, which is running rampant and growing here,” Banis said. “Our client, in this case a widow in her late 80s, is a perfect example of someone that this task force in San Mateo seeks to protect.”
Bogue and her husband took out a $500,000 mortgage. Shortly after he died in 2013, her mortgage debt was $800,000. When her home went into foreclosure, Leitao sent an “inviting” letter offering a solution to what seemed to Bogue like an insurmountable problem. Thinking she’d found her savior, she contacted the man who rushed to the Menlo Park property within a few hours after she called, Banis said.
Leitao allegedly drafted several documents for Bogue to sign such as a will, deed of trust and loan agreement. Under the duress of facing foreclosure, she signed unaware of the predatory nature of the terms, Banis said. In exchange, Bogue was assured she would be able to continue to live in her home rent free for the rest of her life, according to the suit.
While Leitao eventually brought the mortgage current by paying a lump sum of about $300,000, he quit returning Bogue’s phone calls when it came time for him to help pay her ongoing monthly mortgage payment, according to the lawsuit.
What’s extremely disturbing, Banis added, is that Bogue has no recollection of agreeing to Leitao taking out a second deed of trust worth $995,000 on the property under the company Bare Ventures.
Between this deed, what’s currently still owed on the mortgage and the property valuation, Leitao stands to gain at least $156,000 even if the home were foreclosed upon, Banis said.
Leitao agreed he was encouraged to get involved because he saw value in the property, but contends Bogue is a hoarder who failed to keep up the house even after he offered assistance. Bogue’s goal was to remain in the home she’d lived in for decades but, due to her defaulting on her mortgage and the property being in poor condition, it’s unlikely anyone would have helped her, Leitao said. So he worked out a “reverse-mortgage, equity sort of deal,” which has been successful for both parties in the past. Leitao noted he often works with foreclosed properties and sends out solicitations to those who need to sell quickly and in this case, thought he was helping Bogue.
“I’m out $360,000 on that house. … There’s practically no equity in the house and it’s just such a huge fixer-upper and ultimately she just doesn’t want to move out. So I worked out a deal with her,” Leitao said, noting he believes the county has since red-tagged the property. “The only reason I did it was because I felt if the house was fixed up some day down the road, there’s potential in it. But as it is, it’s a shamble.”
Moving forward, Banis said they’re seeking a judge to void the contracts Bogue signed with Leitao. With the county’s housing market growing increasingly lucrative, Banis and Bogue said it’s important for family members or anyone who comes in to contact with an at-risk elderly person to notify appropriate agencies like the county’s adult protection team.
“Isolation is another factor that can contribute to elder abuse, when people don’t have family members around to look out for them,” Banis said. “I have heard of these types of cases (mortgage fraud) before and it may have to do with the increase in the property values in the county.”
Anyone who suspects elder abuse in San Mateo County is encouraged to call (800) 675-8437.
Full Article & Source:
Suit alleges woman, 89, victim of mortgage fraud: County officials, private attorneys combat elder abuse
Man sentenced for abusing elderly mother, stepfather
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| Derek Baxter Emmett |
Derek Baxter Emmett, 49, was convicted on eight counts related to the terrorizing and abuse of his mother, 80 year-old Barbara Emmett and her husband, 78 year-old Harry Swink. He was sentenced to 15 years but must serve a minimum of four years.
An investigation into the case was launched in May of 2015 and Emmett was arrested a short time later.
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| Harry Swink & Barbara Emmett |
Police say Derek Emmett would frequently break in to the couple's home and demand money.
Emmett also assaulted two investigating detectives and was arrested for felony obstruction.
Emmett accepted a plea deal Thursday by agreeing to the following charges:
2 counts of elderly exploitation
2 counts of elderly abuse
2 counts of burglary
1 count of felony obstruction
1 count of criminal damage to property-2nd degree
Emmett is not eligible for parole.
Full Article & Source:
Man sentenced for abusing elderly mother, stepfather
Sunday, May 1, 2016
The Seven Stages of Dementia
From “no impairment” to “very severe,” knowing the seven stages of dementia can help guide you as a caregiver. One of the main topics of discussion when someone is diagnosed with dementia is the “stage” of the disease — a marker of how far it has progressed.
Dementia symptoms can range from mild memory loss to more severe cognitive difficulties that make it hard to manage daily activities without help. These symptoms are broadly grouped into categories called stages that help guide doctors and families in their care of dementia patients.
“Usually we think of memory loss as a continuum,” explains Raj C. Shah, MD, medical director of the Rush Memory Center at Rush University Medical Center in Chicago. “Dementia is defined as chronic memory loss, ultimately affecting quality of life.”
Dr. Shah points out that people with dementia progress along the memory loss continuum in their own individual way, and often there is no clear-cut moment when you know that your loved one has moved from one stage to another. Becoming familiar with the stages of dementia, however, is still useful for giving care. This can help guide:
- Expectations. You and your family members will have a general idea of what your loved one’s future may hold and you can make plans accordingly.
- Treatments. The medications available to help control dementia symptoms have been studied in clinical trials during different stages of dementia. Not all medications are necessarily appropriate for your family member, depending on their specific symptoms and stage of dementia.
The stages of dementia are as follows:
- No impairment. At this stage, there are no obvious signs of dementia and people are still able to function independently.
- Very mild. Dementia signs are barely noticeable and simply appear to be the kind of forgetfulness associated with aging — such as misplacing keys but finding them again after some searching.
- Mild. At this stage, patients are “usually able to
do basic activities of daily living,” says Shah — which means they can
perform their daily routines, such as getting up, going to the bathroom,
getting dressed, and so on, without difficulty. Symptoms of dementia at
this stage may include:
- Some forgetfulness and memory loss
- Repetition
- Losing items without being able to retrace steps to find them
- Slight trouble managing finances, such as balancing a checkbook
- Confusion while driving
- Trouble managing medications
- Loss of concentration
- Moderate. At this stage patients have “trouble
doing routine tasks that they always did, such as cooking, laundry, or
using the phone,” explains Shah. Other dementia symptoms during this
stage include:
- Trouble holding urine (incontinence)
- Increase in memory loss and forgetfulness
- Inability to use or find the right words and phrases
- Difficulty doing challenging mental math exercises, such as counting backwards from 100 by 7
- Increase in social withdrawal
- Moderately severe. At this stage, dementia patients
will need some assistance with their day-to-day activities. Symptoms of
moderately-severe dementia include:
- Increase in memory loss, including inability to remember home address, phone number, or other personal details
- Confusion about location or chain of events
- Trouble with less challenging mental math exercises
- Needing help to select appropriate clothing for the climate, season, or occasion
- Severe. “Caregivers have to help a lot more with
day-to-day activities” at this stage, says Shah. Dementia signs at the
severe stage include:
- Needing help to get dressed
- Requiring help with toileting, such as wiping and flushing
- Wandering and becoming lost if not supervised
- Inability to recall the names of family members or caregivers, but still being able to recognize familiar faces
- Sleep disturbances
- Changes in personality or behavior, such as increased paranoia or even hallucinations
- Very severe. This is the final stage of the disease. Symptoms of dementia during this stage include:
- Loss of language skills
- Loss of awareness of surroundings
- Requiring help to eat
- Lack of control over urination
- Loss of muscle control to smile, swallow, or even walk or sit without support
It’s important to remember that the stages of dementia are somewhat fluid — use them to help plan for future changes and to work with your doctor to develop a solid treatment plan.
Full Article & Source:
The Seven Stages of Dementia
How the Dream of Retirement Is Becoming a Nightmare
(This article originally appeared on Slant.com.)
None of us expected to be here — broke or near broke, unemployed or
underemployed, working part-time at a job we hate with little to nothing
in our savings account.We grew up thinking retirement meant Florida and golf, not that most of us really wanted that. It definitely didn’t mean living in our brother’s basement or in some modest one-bedroom rental. We never thought in our 50s and 60s we’d be scrimping and scraping, borrowing money from our adult children or 84-year-old mother.
And yet, here we are…millions of us and millions more on the way.
Excessive spending is not what landed millions of Americans here. The truth is for many households, there’s nothing left to save after the bills are paid.
Half of Households Have No Retirement Savings
How bad is it? According to a May 2015 study by the Government Accountability Office (GAO) on retirement preparedness, half of American households have no retirement savings at all. That’s zero: no 401(k)s, no IRAs, not a dime.You’re thinking maybe that’s because near-retirees have a fat pension stashed away somewhere. You’d be wrong. According to the GAO, around 29 percent of households age 55 and older have neither retirement savings nor a pension.
And among those who do have some retirement savings, the median value of retirement accounts for households age 55 to 64 is about $104,000. Now $104,000 sounds a lot better than zero until you look at the retirement monthly income this savings would actually generate.
Drum roll please. According to the GAO, your $104,000 nest egg will generate an inflation-protected annuity of about $310 per month.
I stopped mid-mascara when I heard that.
Even when you add in the average monthly Social Security benefit of $1,335, it’s still depressing.
Why Aren’t Americans Saving More?
There’s a lot of hand wringing about why Americans aren’t saving more. Blaming and shaming is so deliciously tempting. We’re told that it is our fault that after a lifetime of work we have not managed to save the 15 to 20 times our annual salary that financial experts tell us we’ll need to maintain our current standard of living in retirement.The same pundits finger wag and chastise us for being poor planners. After all, why on earth would we draw down our 401(k) to cover medical expenses, the monthly shortfall on our mother’s nursing home care, our kid’s education or just to survive? What were we thinking paying off that credit card debt (or something else; you fill in the blank)?
But let’s get real.
Excessive spending is not what landed millions of Americans here. The truth is for many households, there’s just nothing left to save after the bills are paid.
According to the Social Security Administration in 2014, the average U.S. worker’s pay was $44,569. If we set aside in savings the 20 percent financial experts tell us we’ll need to maintain our current lifestyle in retirement, we’re left with $35,655 to live on before taxes.
You might say: hard, but not impossible with some extreme belt tightening.
But here is the kicker. Sixty-seven percent of American workers make less than the average. The median wage in 2014 was $28,851. Subtract 20 percent, or $5,770 in savings, and you have $23,081 to live on.
FUGEDDABOUTIT.
You’re not going to save on these wages. It barely keeps you above the federal poverty line of $20,090 for a family of three. And you fall below it at $24,250 for a family of four.
Given this reality, no one should be surprised that more than half of Americans have less than $1,000 in their checking and savings accounts. This is paycheck-to-paycheck living, one surprise event from financial catastrophe.
The looming retirement income security crisis is also not caused by “a set of isolated individual behaviors,” according to Teresa Ghilarducci, a labor economist and leading authority on the economics of retirement.
In other words, we’re not here because we’re a country of irresponsible slackers or because we overspent on luxury items trying to keep up with the Joneses.
Squeezed between 30 years of flat and falling wages and escalating costs in housing, healthcare and education, it’s doubtful that kicking our daily latte habit (if we had one) would have made much of a difference in our retirement savings.
America’s Structural Problem
The real problem is structural and baked right into our retirement security system.The three-legged stool of retirement income we boomers thought we could count on — Social Security, company pensions and personal savings — has gone wobbly. With the declining availability of employer-funded pensions; the inadequacy of 401(k) plans with their steep fees and dependence on people’s voluntary savings for 40 years; stagnant wages and the sharp drop in personal savings, many near-retirees are left with what some experts describe as the “pogo stick” of Social Security to negotiate their Golden Years.
And how much is that? According to the Social Security Administration, the average retiree is receiving just $1,335 per month or $16,020 annually, just above the federal poverty guidelines ($15,930) for a two-person household.
What this means is that most of us will not be buying that condo in Costa Rica advertised in glossy retirement living publications. We won’t be traveling the world anytime soon or forging those remarkable second and third acts we read about in the popular press. Many of us are facing a work-for-life proposition, isolated and alone, worried about how we’re going to survive when our money runs out.
And how big is the shortfall? According to the Pension Rights Center, the deficit between what Americans have and what we need to retire is $7.7 trillion
Wrap your brain around that number. It assumes we will be spending down ALL of our assets, including home equity.
A Plea to the Presidential Candidates
Now you’d think that a problem of this magnitude and urgency would have garnered some serious airtime in the presidential debates, but so far not so much.Certainly, it is a big concern and top priority for millions and millions of Americans, and not only boomers. Millennials, too, are worried about what to do with their parents who are now running out of money. As one friend said to me recently: “You better get along with your adult offspring, you’re going to end up living with them.”
So presidential candidates, what’s your plan for dealing with the retirement security crisis?
As you know, we boomers are a little old for hollow reassurance. We know the debates, heavy on sound bites and entertainment, are not the best platform to address a subject as complex and serious as retirement-income security. But you can lay out your priorities.
Oh and one last thing: Puleeeze, don’t talk to us about cutting Social Security.
For millions of Americans, Social Security is The Retirement Plan: 65 percent of beneficiaries depend on it for half or more of their monthly income. Without it, nearly half of women 65 and older would live in poverty or extreme poverty. Let’s not gloss over what extreme poverty means. It means living on less than $5,885 per year or $490 a month.
So when you threaten to cut entitlement programs like Social Security, what you’re really talking about is dooming millions and millions of boomer-age women to misery and destitution. Boomer-age women who vote.
Full Article & Source:
How the Dream of Retirement Is Becoming a Nightmare
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