FORT STOCKTON LIVING & REHABILITATION
LOCATED: 501 N SYCAMORE, FORT STOCKTON, TX 79735
FORT STOCKTON LIVING & REHABILITATION was cited by the DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES for the following deficiencies:
PLEASE NOTE: The following highlighted quoted text is only a portion of the full report/survey submitted by DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES. The full report/survey can be found here.
FACILITY FAILED TO GIVE RESIDENTS PROPER TREATMENT TO PREVENT NEW BED (PRESSURE) SORES OR HEAL EXISTING BED SORES.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
Based on observation, interview and record review, the facility failed to ensure 5 of 6 residents (Resident #1, #3,#4, #17 and #18) with pressure ulcers received necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing. The facility failed to:
Perform skin assessments every shift per Resident #1’s care plan dated 2/19/17 and to identify Resident #1 suspected deep tissue injury (SDTI)
Accurately assess Resident #3 for pressure injuries. The assessments indicated he was a moderate risk for pressure injuries after he already had one. Resident #3 was assessed with [REDACTED].
Accurately assess Resident #4 for pressure injuries. The assessments indicated he was at moderate risk for pressure injuries after he already had one. Resident #4 was assessed with [REDACTED].
Accurately assess Resident ##17 for pressure injuries. The assessments indicated she was at risk for pressure injuries after she already had one.
Accurately assess Resident #18 for pressure injuries. The assessments indicated he was at risk for pressure injuries after he already had one.
This failure resulted in an identification of an Immediate Jeopardy (IJ) on 4/6/17. While the IJ was lowered on 4/11/17 the facility remained out of compliance at a level of actual harm with a scope identified as a pattern because they had not had time to monitor for effectiveness.
This deficient practice placed 13 residents at risk of not receiving wound care treatments, skin assessments or interventions and put them at risk of life threatening complications.
During an interview on 4/6/17 at 1:58 p.m. the Treatment Nurse said she had been the treatment nurse off and on for several years. She said this time she had been the treatment nurse for over a year. She said she got pulled treatments to do other jobs because of staffing issues. She said her Corporate Office had said she was not to be pulled. She said last week she had to go to wound care Monday and Friday and then Wednesday she was pulled to work the floor which gave her 2 days to do treatments and skin assessments. She said this week (4/3/17 – 4/7/17) she was pulled to the floor on 4/3 to be the medication nurse and 4/04/17 she had to transport a resident to wound care. She said she had talked to the DON about sending one resident with just two aides to wound care. She said she physically counted the number of wounds in the building when she did the skin report and was very aware of the number of residents with pressure injuries. She said the numbers seem up there. She said the aides were usually very good about reporting changes to her. The Treatment Nurse said she tried to do skin assessments on one hall a day.
During an interview on 4/06/17 at 2:55 p.m. the Administrator said she was not informed of Resident #1’s pressure injury until the next day. She said unstageable was the most explanation she got. The Administrator was informed that no full body assessment was completed until after 9 a.m. the day after the unstageable was discovered on Resident #1. The Administrator acknowledged the system had broken down. She said it appeared the problem started with the Hospice aides and not telling any of the staff. She said once the Treatment Nurse was notified she should have done a full assessment. The Administrator said the facility CNA’s provided incontinent care and as needed bed baths. She said they provided care like repositioning and putting on the heel protectors that everyone kicks off. She said as they were repositioning Resident #1 she would think they would see the unstageable pressure injury.
Personal Note from NHAA – Advocates: NHAA shares with all the families of loved ones who are confined to nursing homes the pain and anguish of putting them in the care of someone else. We expect our loved ones to be treated with dignity and honor in the homes we place them. We cannot emphasize enough to family members of nursing home residents; frequent visits are essential to our loved ones’ well-being and safety. This nursing home and many others across the country are cited for abuse and neglect.
You can make a difference. If you have a loved one living in this nursing home or any other nursing home where you suspect any form of abuse or neglect, contact us immediately.
We have helped many already and we can help you and your loved one as well by filing a state complaint, hiring a specialized nursing home attorney or helping you find a more suitable location for your loved one.
Contact us through our CONTACT FORM located on our website here below or on the sidebar or call our toll free hot line number: 1-800-645-5262.
You can make a difference even if your loved one has already passed away.
Full Article & Source:
TREATMENT NURSE STATES,” SHE GOT PULLED FROM TREATMENTS TO DO OTHER JOBS.”
Wednesday, November 1, 2017
Tuesday, October 31, 2017
Guardianship comments sought
ALBUQUERQUE, N.M. — Public comment is being taken on the initial
recommendations from a state Supreme Court-appointed committee that is
studying adult guardianship reform in New Mexico.
“As the report demonstrates, meaningful
reform of the guardianship system will not be easy or inexpensive and
cannot be achieved by a single branch of government acting alone.
Rather, true change will require the legislature, the executive, and the
judiciary to work together in their respective roles to enact the laws,
allocate the resources, and implement the changes that are necessary to
improve the guardianship system,” the commission report states.
Full Article & Source:
Guardianship comments sought
The
Supreme Court has already approved one of the commission’s
recommendations to establish a guardianship and conservatorship rules
and forms committee. The court announced this week that it will accept
applications through Nov. 10 from attorneys, judges, and nonattorneys
who have experience with the New Mexico guardianship system.
The commission’s proposed reforms can be found at the Supreme Court website, supremecourt.nmcourts.gov.
Public comments can be submitted can be submitted electronically at nmcourts.gov/Supreme-Court; click on “what’s new.” For comments in writing by mail, email, or fax:
Joey D. Moya, Clerk
New Mexico Supreme Court
P.O. Box 848
Santa Fe, New Mexico 87504-0848
505 827 4837 (fax)
Comments
must be received by the clerk’s office on or before Nov. 8 to be
considered by the commission, which is continuing to study other
possible reforms for a final report to the Supreme Court expected by the
end of the year.
Full Article & Source:
Guardianship comments sought
Guardianship a topic at IVCIL seminar
The
Illinois Valley Center for Independent and the Statewide Independent
Living Council of Illinois will present the free workshop “Guardianship,
Alternatives, ABLE Accounts and Special Needs Trusts" from 6 to 8 p.m.
Thursday, Nov. 16, in the conference room at the IVCIL, 18 Gunia Drive,
La Salle.
The program will
be presented by attorney Michael F. Gulo, of Streator, who will discuss
guardianship, power of attorney, ABLE accounts, special needs trusts for
adults older than 18 and future planning for children with
disabilities.
For more information contact Marla Michalak, from IVCIL, at 815-224-3126, ext. 223, ya@ivcil.com. Reasonable accommodations will be offered upon request by registration date of Thursday, Nov. 9.
The
IVCIL is a nonprofit and nonresidential service and advocacy agency
that assists people with disabilities. The IVCIL serves the counties of
La Salle, Bureau, Marshall, Putnam and Stark. The IVCIL is a United Way
member agency, with funding provided in whole or in part by the Illinois
Department of Human Services.
Guardianship a topic at IVCIL seminar
Nevada adopts new guardian Bill of Rights: Plan to be protected
"As you get older three things happen. The first is your memory goes, and I can't remember the other two." – 20th Century British Comedian Sir Norman Wisdom.
Even though you can't choose what your mind and memory will be capable of as you age, you can decide now to prepare for the possibility of needing a guardian to protect you. But what protection do you have if your guardian fails you?
A guardian is appointed by a court to protect a person (also known as a "ward" or "protected person") who is unable to manage their affairs. Generally there is no supervision of a guardian except for the annual accounting filed with the court. Unfortunately, courts are not easily able to detect a guardian's bad behavior when everything appears to be in order and no person steps forward to object. Nevada's courts just do not have the resources to provide the oversight needed.
As a result of recent publicity of exploitation and abuse, the Nevada Legislature enacted legislation earlier this year vastly overhauling guardianship statutes. Senate Bill 229 (SB 229) establishes that guardians be nominated through a legal document called a Designation of Guardian. A Designation of Guardian must be signed by the person making the nomination and also signed by two disinterested witnesses before a notary. SB 229 provides the standard text of a Designation of Guardian in the statute which is publicly available.
Senate Bill 360 (SB 360) enacted the Wards' Bill of Rights proclaiming that each Ward has the right to an attorney, the right to notice, the right to privacy, and the right to be treated with dignity and respect. Now here's the key point – beyond these fundamental rights, SB 360 gives you the right to name any given person as your "Advocate" to appear and raise issues on your behalf. Your Advocate has the ability to provide the oversight and scrutiny that the court cannot. The more accountable guardians are, the less likely they are to fall short of their duties.
With this right to have an "Advocate" act on your behalf, you are able to name this person now in your Designation of Guardian and include language giving him or her right to oversee and supervise. Below are a few suggested provisions to consider including in your Designation of Guardian to assist your named Advocate in preventing exploitation:
Cassandra Jones and Michael
Millward are the attorneys of Heritage Law Group, P.C. Both are
residents of Gardnerville, focusing their law practice on estate
planning, business planning, and probate. They can be reached at
782-0040 or http://www.HeritageNevada.com
Full Article & Source:
Nevada adopts new guardian Bill of Rights: Plan to be protected
Even though you can't choose what your mind and memory will be capable of as you age, you can decide now to prepare for the possibility of needing a guardian to protect you. But what protection do you have if your guardian fails you?
A guardian is appointed by a court to protect a person (also known as a "ward" or "protected person") who is unable to manage their affairs. Generally there is no supervision of a guardian except for the annual accounting filed with the court. Unfortunately, courts are not easily able to detect a guardian's bad behavior when everything appears to be in order and no person steps forward to object. Nevada's courts just do not have the resources to provide the oversight needed.
As a result of recent publicity of exploitation and abuse, the Nevada Legislature enacted legislation earlier this year vastly overhauling guardianship statutes. Senate Bill 229 (SB 229) establishes that guardians be nominated through a legal document called a Designation of Guardian. A Designation of Guardian must be signed by the person making the nomination and also signed by two disinterested witnesses before a notary. SB 229 provides the standard text of a Designation of Guardian in the statute which is publicly available.
Senate Bill 360 (SB 360) enacted the Wards' Bill of Rights proclaiming that each Ward has the right to an attorney, the right to notice, the right to privacy, and the right to be treated with dignity and respect. Now here's the key point – beyond these fundamental rights, SB 360 gives you the right to name any given person as your "Advocate" to appear and raise issues on your behalf. Your Advocate has the ability to provide the oversight and scrutiny that the court cannot. The more accountable guardians are, the less likely they are to fall short of their duties.
With this right to have an "Advocate" act on your behalf, you are able to name this person now in your Designation of Guardian and include language giving him or her right to oversee and supervise. Below are a few suggested provisions to consider including in your Designation of Guardian to assist your named Advocate in preventing exploitation:
State a list of individuals that you would prefer not serve as your guardian;
State that your Advocate has
the right to supervise the guardian, including the right to make
reasonable demands for copies of financial records, receipts, and proof
of expenditures;
State that your guardianship estate is responsible for the costs of compliance with the Advocate's requests;
State that your Advocate shall have the right to meet with you regularly;
State that the Advocate has the
right to petition the Court for removal of the guardian upon evidence
of a breach of duties owed; and
State your desire that the
Court honor your requests to empower your named Advocate by
incorporating these provisions into any order appointing a guardian.
Additionally, for greater protection, consider including the following as part of your estate plan:
An inventory of your assets;
A HIPAA (Health Insurance
Portability and Accountability Act) that names those persons nominated
as your guardian and Advocate so that your Advocate and the other
nominated persons may oversee your medical treatment; and
A provision in your trust
and/or general durable financial power of attorney empowering your
Advocate with the right to oversee your trustee and/or attorney-in-fact.
It easy to believe that the person
nominated as guardian will act only in your own best interests.
Unfortunately, it doesn't always work out that way. Because exploitation
and abuse can be subtle and hidden, the goal should be to reduce the
risks by embracing your right to empower an Advocate.
Full Article & Source:
Nevada adopts new guardian Bill of Rights: Plan to be protected
Monday, October 30, 2017
Tonight on T. S. Radio with Marti Oakley: Abolishing Probate #5: Congress's Failure to Act—A Tort
5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST
A Constitutional Tort is needed to hold Congress's both Federal and State, for Failure to Act to protect the public from the targeting of the elderly, the ensuing kidnapping, imprisonment and isolation, and the theft of estates. The failure of Congress on the Federal level to re-organize the courts, to abolish the probate system, and to secure the Constitutional natural rights and liberties of the people is unforgivable.
Our legislative branches have the Constitutional authority to abolish the probate system, yet they have failed to act to protect the people.
Inferior Courts Clause Art 111 Sect. 2 Clause 1
https://www.law.cornell.edu/constitution/articleiii
Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
Congress has unconstitutionally ceded its power and authority to make laws pertaining to predatory guardianships, to the DOJ. This is a clear violation of the Separation of Powers doctrine.
Check your state Constitution also for the authority to organize the courts at the state level.
Contact us at: tsrad1@outlook.com
LISTEN to the show live or listen to the archive later
Lawmaker: Guardian system ‘turned ugly’
What’s wrong with this picture?
• Federal authorities allege that the now-defunct Ayudando Guardians Inc. was “permeated’ with criminal activity and stole millions of dollars from client accounts, yet the Albuquerque-based guardianship company survived a state compliance review just last year.
• Ayudando Guardians filed financial audits with the state Attorney General’s Office revealing that company employees “borrowed” money from client funds. But the state Office of Guardianship, which awarded Ayudando more than $6 million in contracts since 2010, says it never saw those audits.
•
More than 900 incapaciated low-income people receive guardianship
services through the state Office of Guardianship, but the agency gets
only “two or three” grievances a year about problem guardians, according
to John Block III, executive director of the agency that oversees the
guardianship office.
Block was on the hot seat this week, testifying before a state legislative panel considering next year’s budget request by the state-funded guardianship office, which provides more than $4 million a year in corporate guardianship services for vulnerable, indigent New Mexicans.
“It’s very concerning what’s happening this past year,” said Sen. James White, R-Albuquerque, a Legislative Finance Committee member who lamented how the guardianship system in New Mexico has “turned ugly.”
“… A lot of the companies are abusing the system, taking advantage of the system that was set up … Unfortunately, they feel if the government can’t keep a finger on their pulse, they can get away with it.”
As to Block’s comment about “two or three” complaints a year, White said he’s just one of more than 100 state legislators, “and I have had more than two grievances (about guardianships) by constituents of mine. I would have to believe there’s a lot more grievances out there than two.”
Senate President Pro Tem Mary Kay Papen, D-Las Cruces, added, “I’ve had some very serious complaints brought to me about a company that does guardianships.” She asked if she could refer the complaints to Block, who on Thursday said he would look into them.
Several people in recent months have contacted the Journal to complain that their loved one is being neglected by state-paid guardians, and, in one case, a ward had to wade through Dumpsters to get a pair of shoes and has waited months to see a dentist after a front tooth fell out.
The family members say they are afraid to go public with their complaints for fear their loved one will be retaliated against.
‘More resources’
As the provider of such services for low-income clients, Block’s agency has become a lightening rod for criticism.
White on Thursday pressed Block for answers as to the oversight of Ayudando and other companies. He asked Block whether he knows “if there’s another one (guardianship company) out there that needs to be identified right now? Other than throwing money at it or more people at it, what can be done?”
“We do need more resources,” Block said. He said his agency is seeking an increase of about $70,500 next year to add a third compliance officer.
Should guardians be licensed? White asked.
“That’s an excellent idea,” Block said, “to tighten up some of the controls out there.” Most often, family members are appointed as guardians or conservators of their incapacitated loved ones to make decisions about their living arrangements or finances. But if families can’t or won’t assume those duties, corporate guardians and conservators are appointed by state district judges in New Mexico.
Risk advisory
On Sept. 21, the office of State Auditor Tim Keller issued an emergency risk advisory for the Office of Guardianship, urging Gov. Susana Martinez and the legislature to devote more resources to the agency and ensure policies and procedures are in place for adequate oversight of 20 corporate guardianship companies.
The alternative is to transfer the guardianship function to another agency, Keller’s advisory stated.
Block testified that his six-employee agency, which has a $5.1 million yearly budget, has been busy transferring about 166 clients of Ayduando’s to other guardianship firms.
Federal authorities began their investigation of Ayudando in June 2016 after several employees alleged their bosses were stealing money from client accounts. A 28-count federal indictment in July focused mostly on missing federal benefits from clients. Two top Ayudando executives allegedly spent more than $4 million in clients’ savings and other funds to support lavish lifestyles for themselves and their families.
Asked by White what his agency was doing to recoup missing client funds, Block said a claim has been filed on a $1.5 million liability insurance policy required by Ayudando’s state contract. But Block said the insurance company involved has said that “until such time as they’re convicted, we will not pay.”
“Why weren’t you all able to identify this problem?” White asked at one point during the budget hearing.
Block responded that the majority of Ayudando clients affected were “private pay,” and not receiving guardianship services through the state.
However, the Journal earlier this month interviewed one former client on a state-funded guardianship who contends that his $100,000 inheritance that Ayudando managed is now missing.
Block said that, of the 20 state guardianship contractors, only two underwent a compliance review by the Office of Guardianship in the past year. Ayudando was one of the two, and the review occurred before the federal indictment. On Friday, Block said he didn’t immediately know whether his agency found problems during the review that required corrective action from Ayudando.
Such reviews check non-financial issues, such as whether the company is keeping adequate records and making the required monthly visits to the incapaciated person.
Block told the legislative panel he didn’t have a copy of Ayudando’s yearly audits. Such audits of nonprofits are required to be filed with the AG’s office and are posted online.
“Unless we had authority and resources we could not go in there and do our own audit,” he added.
• Federal authorities allege that the now-defunct Ayudando Guardians Inc. was “permeated’ with criminal activity and stole millions of dollars from client accounts, yet the Albuquerque-based guardianship company survived a state compliance review just last year.
• Ayudando Guardians filed financial audits with the state Attorney General’s Office revealing that company employees “borrowed” money from client funds. But the state Office of Guardianship, which awarded Ayudando more than $6 million in contracts since 2010, says it never saw those audits.
Block was on the hot seat this week, testifying before a state legislative panel considering next year’s budget request by the state-funded guardianship office, which provides more than $4 million a year in corporate guardianship services for vulnerable, indigent New Mexicans.
“It’s very concerning what’s happening this past year,” said Sen. James White, R-Albuquerque, a Legislative Finance Committee member who lamented how the guardianship system in New Mexico has “turned ugly.”
“… A lot of the companies are abusing the system, taking advantage of the system that was set up … Unfortunately, they feel if the government can’t keep a finger on their pulse, they can get away with it.”
As to Block’s comment about “two or three” complaints a year, White said he’s just one of more than 100 state legislators, “and I have had more than two grievances (about guardianships) by constituents of mine. I would have to believe there’s a lot more grievances out there than two.”
Senate President Pro Tem Mary Kay Papen, D-Las Cruces, added, “I’ve had some very serious complaints brought to me about a company that does guardianships.” She asked if she could refer the complaints to Block, who on Thursday said he would look into them.
Several people in recent months have contacted the Journal to complain that their loved one is being neglected by state-paid guardians, and, in one case, a ward had to wade through Dumpsters to get a pair of shoes and has waited months to see a dentist after a front tooth fell out.
The family members say they are afraid to go public with their complaints for fear their loved one will be retaliated against.
‘More resources’
As the provider of such services for low-income clients, Block’s agency has become a lightening rod for criticism.
White on Thursday pressed Block for answers as to the oversight of Ayudando and other companies. He asked Block whether he knows “if there’s another one (guardianship company) out there that needs to be identified right now? Other than throwing money at it or more people at it, what can be done?”
“We do need more resources,” Block said. He said his agency is seeking an increase of about $70,500 next year to add a third compliance officer.
Should guardians be licensed? White asked.
“That’s an excellent idea,” Block said, “to tighten up some of the controls out there.” Most often, family members are appointed as guardians or conservators of their incapacitated loved ones to make decisions about their living arrangements or finances. But if families can’t or won’t assume those duties, corporate guardians and conservators are appointed by state district judges in New Mexico.
Risk advisory
On Sept. 21, the office of State Auditor Tim Keller issued an emergency risk advisory for the Office of Guardianship, urging Gov. Susana Martinez and the legislature to devote more resources to the agency and ensure policies and procedures are in place for adequate oversight of 20 corporate guardianship companies.
The alternative is to transfer the guardianship function to another agency, Keller’s advisory stated.
Block testified that his six-employee agency, which has a $5.1 million yearly budget, has been busy transferring about 166 clients of Ayduando’s to other guardianship firms.
Federal authorities began their investigation of Ayudando in June 2016 after several employees alleged their bosses were stealing money from client accounts. A 28-count federal indictment in July focused mostly on missing federal benefits from clients. Two top Ayudando executives allegedly spent more than $4 million in clients’ savings and other funds to support lavish lifestyles for themselves and their families.
Asked by White what his agency was doing to recoup missing client funds, Block said a claim has been filed on a $1.5 million liability insurance policy required by Ayudando’s state contract. But Block said the insurance company involved has said that “until such time as they’re convicted, we will not pay.”
“Why weren’t you all able to identify this problem?” White asked at one point during the budget hearing.
Block responded that the majority of Ayudando clients affected were “private pay,” and not receiving guardianship services through the state.
However, the Journal earlier this month interviewed one former client on a state-funded guardianship who contends that his $100,000 inheritance that Ayudando managed is now missing.
Block said that, of the 20 state guardianship contractors, only two underwent a compliance review by the Office of Guardianship in the past year. Ayudando was one of the two, and the review occurred before the federal indictment. On Friday, Block said he didn’t immediately know whether his agency found problems during the review that required corrective action from Ayudando.
Such reviews check non-financial issues, such as whether the company is keeping adequate records and making the required monthly visits to the incapaciated person.
Block told the legislative panel he didn’t have a copy of Ayudando’s yearly audits. Such audits of nonprofits are required to be filed with the AG’s office and are posted online.
“Unless we had authority and resources we could not go in there and do our own audit,” he added.
Full Article & Source:
Lawmaker: Guardian system ‘turned ugly’
Columbus businessman allegedly steals $200k+ from elderly woman
WTVM.com-Columbus, GA News Weather & Sports COLUMBUS, GA (WTVM) - A well-known Columbus businessman made an appearance in recorders court Thursday accused of taking money from the elderly through his home health care business.
The business owner allegedly took hundreds of thousands of dollars from an elderly Columbus woman and detectives say dozens of others could be impacted.
A 79-year old Columbus woman is accusing William Jason Robertson of taking over $200,000 from her over a two year period for home health care services.
The problem police say is that Robertson has never been licensed to operate a home health care business.
Sergeant Windy Thornton with the Columbus Police Department says that's considered theft.
Robertson's business is known as First Choice Home Healthcare.
Robertson makes frequent appearances around town about his experience being one of more than 200 orphans brought to Columbus from Saigon in the mid 70's.
He also has a book on Amazon about his experience.
Although Robertson was booked into the Muscogee County Jail and is being charged, some licensed nurses and sitters employed by Robertson like Tina Abroquah say they fully support him.
"I’m for him will always be 100 percent for him," Abroquah said. "There's a lot of people that's in this business just to get the money but he's in the business with his heart. You can see it and you can feel it when you meet him. He's not what they're trying to portray him to be he's not that."
At least three of Robertson’s employees were in court. All saying they provided around the clock care for the elderly woman.
Although the workers are certified and licensed to care for the elderly, Columbus Detectives Wendy Thornton and Christy Truitt say they must operate under a licensed business.
The elderly woman's niece says she said she found Robertson’s company online and thought his business was legitimate.
Robertson is pleading not guilty to three counts of theft by deception and one count of exploitation of the elderly.
He also received a $50,000 bond and is not allowed to do any business within the home healthcare industry.
His case is being bound over to superior court.
As for the elderly woman, she's now staying at local nursing home in Columbus.
Columbus police say she's not the only victim, and Detective Thornton says there are well over 50 other victims.
Full Article & Source:
Columbus businessman allegedly steals $200k+ from elderly woman
The business owner allegedly took hundreds of thousands of dollars from an elderly Columbus woman and detectives say dozens of others could be impacted.
A 79-year old Columbus woman is accusing William Jason Robertson of taking over $200,000 from her over a two year period for home health care services.
The problem police say is that Robertson has never been licensed to operate a home health care business.
Sergeant Windy Thornton with the Columbus Police Department says that's considered theft.
Robertson's business is known as First Choice Home Healthcare.
Robertson makes frequent appearances around town about his experience being one of more than 200 orphans brought to Columbus from Saigon in the mid 70's.
He also has a book on Amazon about his experience.
Although Robertson was booked into the Muscogee County Jail and is being charged, some licensed nurses and sitters employed by Robertson like Tina Abroquah say they fully support him.
"I’m for him will always be 100 percent for him," Abroquah said. "There's a lot of people that's in this business just to get the money but he's in the business with his heart. You can see it and you can feel it when you meet him. He's not what they're trying to portray him to be he's not that."
At least three of Robertson’s employees were in court. All saying they provided around the clock care for the elderly woman.
Although the workers are certified and licensed to care for the elderly, Columbus Detectives Wendy Thornton and Christy Truitt say they must operate under a licensed business.
The elderly woman's niece says she said she found Robertson’s company online and thought his business was legitimate.
Robertson is pleading not guilty to three counts of theft by deception and one count of exploitation of the elderly.
He also received a $50,000 bond and is not allowed to do any business within the home healthcare industry.
His case is being bound over to superior court.
As for the elderly woman, she's now staying at local nursing home in Columbus.
Columbus police say she's not the only victim, and Detective Thornton says there are well over 50 other victims.
Full Article & Source:
Columbus businessman allegedly steals $200k+ from elderly woman
Florida woman accused of scam against Boulder County elderly woman facing 16 felony charges
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| Marina Scotti |
An arrest warrant sworn out against 48-year-old Marina Thelma Scotti sought a single felony theft from an at-risk adult charge.
However, online court records indicate that the Boulder County District Attorney's Office actually expanded the charges to 16, including felony theft, 11 counts of class 3 felony at-risk criminal exploitation and four counts of class 5 felony at-risk criminal exploitation.
The most serious charges, class 3 felonies, each carry a presumptive sentence of four to 12 years in prison.
A Boulder County Sheriff's Office investigation alleges Scotti and another woman — who has not been charged — accepted more than $25,000 in checks from the alleged victim for magazine subscriptions that were never mailed out.
The alleged victim, an 89-year-old woman who suffers from Alzheimer's disease, told a friend that Scotti and the other woman threatened the victim with arrest if she didn't continue paying money.
Scotti remained in custody on Thursday on a $20,000 bond. She is due in court at 1:30 p.m. Nov. 16.
Full Article & Source:
Florida woman accused of scam against Boulder County elderly woman facing 16 felony charges
Sunday, October 29, 2017
AL Katz Outrage
To imagine that a Holocaust hero of 89
years old, Al Katz, would be forced to live in a deplorable nursing home
four minutes from his house with his daughter waiting and wanting to
care for him round the clock is unimaginable. To imagine that the
Survivor of seven years of slave labor inflicted by the Nazis and a
final death march to Dachau would have nothing left of his sizable
estate for his adored great-grandchildren to inherit is likewise
unimaginable. And then to picture that the Holocaust Survivor's
daughter would still be settling his estate, worth less than nothing
monetarily, with its debts far exceeding its minimal assets, more than
seven years after he passed away, with a death threat hanging over her
head, is horrifying … and true in the nether world of involuntary
professional guardianship.
Over seven years since Al
Katz passed on to Heaven, as a Ward of the State of Florida, the
repercussions of his disastrous guardianship are unending; and his
daughter, Dr. Beverly Newman, who cared for him 24 hours per day during
the final months and years of his life, has been habitually mocked in
Indianapolis courts for her life-threatening disabilities that restrict
virtually all daily activities, especially travel, which risks her life
through unrestricted contacts with unseen toxic exposures - pesticides,
air fresheners, smoke residues, fumes from vehicles, perfumes, dry
cleaning fluids, cleaning agents, and aerosols, to cite a few of the
thousands of products to which Beverly, and those like her, are
chemically sensitive or allergic. For Beverly Newman, toxic exposures
can kill … easily and quickly … via anaphylaxis, cardiac arrest, or
pulmonary distress.
Today, millions of
persons in all stages and statuses of life, especially our military
troops, have asthma, severe allergies, and/or chemical sensitivities
that pose lethal outcomes. These disabilities, known as Environmental
Illnesses, from which Dr. Newman has suffered for well over 30 years,
have been denied and ridiculed in the courts of Indianapolis, when
Attorney Steven A. Johnson of Merrillville, Indiana, declared in open
court on March 4, 2016, before dozens of persons, that:
[Dr.] Newman says she's
allergic to everything. That she has chemical sensitivities …. Well,
let’s talk about then her chemical sensitivities …. She said she’s
allergic to about everything. What was she doing in Meijer? You know
what they sell in Meijer? You know? We sell everything. Who’s, who’s –
who goes to a Meijer …. Who is it that’s allergic to everything that
goes into a Meijer store. She’s not allergic to everything.
In September 2017, on
appeal for Steven Johnson's public ridicule of Dr. Newman, the Indiana
Supreme Court found nothing odious or improper about the scathing
derision by Steven A. Johnson representing Meijer stores.
In the same month,
September 2017, Indiana's Supreme Court Chief Justice Loretta Rush
issued an order that reinstated Judge James Joven, who had been removed,
pursuant to law, from the Al Katz probate case but was still issuing
orders in the case for two weeks after his removal. One of Judge
Joven's orders is essentially a death sentence for Dr. Beverly Newman,
requiring her to travel 1200 miles from her home in Florida to the
probate court in Indianapolis, against expert medical opinions warning
the court of lethal or devastating, irreparable medical consequences to
Beverly upon such travel:
Due to Beverly Newman’s
medical disabilities, that are known to be life-threatening and
incurable, it is my professional medical opinion … that the toxic
exposures present in public places where she would be forced to be in
order to travel from Florida to Indiana are likely to jeopardize her
health and constitute unacceptable risks to her well-being ….
Environmental illness can
cause permanent damage to multiple organ systems and/or death.
Therefore, it is my considered professional opinion that Beverly Newman,
a disabled person, should not travel from Florida to Indiana or any
other long distances and that Beverly Newman should be granted the full
protections of the Americans with Disabilities Act.
Chief Justice Loretta
Rush's reinstatement order retroactively erased from the court's record
that Judge James Joven had been illegally issuing orders in Al Katz's
case for weeks when the judge had no legal jurisdiction in the case.
In the probate court,
Indianapolis estate Attorney Robert W. York, a long-time colleague of
Judge Joven, has successfully convinced the judge that all of Beverly's
proofs of disabilities, as defined by the Americans with Disabilities
Act, should be stricken from the court's record or ignored, including:
1. expert medical opinion from a federal government physician confirming Beverly Newman's Environmental Illness disabilities
2. expert medical
opinion from a Board Certified physician confirming Dr. Newman's
life-threatening disabilities and consequent inability to travel
3.a letter to the court from a nurse and eyewitness to Beverly's disabilities over the course of 20 years
4.a lengthy detailed
eyewitness affidavit confirming personal observations of Beverly's
disabilities over the course of more than 30 years
5.the official pesticide
advance notification registry list of the State of Florida requiring
notification to Beverly Newman, pursuant to law, prior to pesticide
applications in her area.
Despite all of the
objective and expert evidence filed in the probate court, which evidence
has all been stricken or ignored upon motions by Robert W. York, York
insists that "It remains the Newmans' burden of proof as to any claimed
disability of Beverly."
Likewise, Robert W. York,
who had previously fired Beverly Newman's husband for refusing to
contain reports of serious child abuse known to have occurred, has
relentlessly argued that Beverly Newman's health conditions do not
require any accommodations under ADA law and that she must travel to
Indianapolis on October 25, 2017, for a probate court hearing; although
Robert W. York's motions to the court resulted in the removal of Dr.
Newman as a party to her Father's case as of September 11, 2015, and
prohibited her from making filings for the past two years. Once again,
the probate court has lost its jurisdiction over Dr. Newman, a Florida
resident since 2009, but it continues to issue orders to her and
prohibits her from filing responses in the court.
Disability bigotry …
plain and simple … is diffuse in Indiana courts, where the disabled are
disbelieved, discredited, and distanced from equal access to the courts,
so much so that even deaf persons were denied interpreters at court
hearings until a recent federal court ruling against the courts in the
State of Indiana made disability accommodations for the deaf mandatory.
Nonetheless, the courts of Indiana are still recalcitrantly ruling
against the disabled.
This is my plea for my life …. Beverly Newman, Ed.D.
This is my plea for the
lives of millions of Americans, including our military troops, who
suffer from Environmental Illnesses that are progressive, incurable, and
life-threatening reactions to unseen toxins.
This is my plea to you to
support us in our battles against disability bigotry in the courts of
Indianapolis, Indiana. Stand with us proudly, please.
End D B
Persons to contact:
Source:
AL Katz Outrage
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