Friday, March 23, 2018

Chester County Orphans Court seeks guardian program volunteers

The Chester County Orphans’ Court is seeking volunteers to serve county individuals who require guardianship — assisting the court in maintaining contact with any person deemed by the court who cannot make decisions about their daily lives, where they live, or medical or financial matters.

The amount of volunteer time for visits to individuals who need guardianship is flexible, and training for the guardian program includes topics such as the guardianship process, individual’s rights, Alzheimer’s disease and information on public agencies that provide the guardianship services.

“Our trained volunteers are the eyes and ears of the court and help us to be alert to and deal with issues of fiscal safety for those whom we declare incapacitated,” explained the Honorable Katherine B. L. Platt, administrative Judge with the Chester County Orphans’ Court.

Anyone interested in becoming part of the Orphans’ Court guardian program is invited to take part in a free training session that will be held on Thursday, April 12, from 9 a.m. to 1:30 p.m. at the Chester County Justice Center, 201 W. Market Street, West Chester. A continental breakfast and lunch will be provided.

For more information about the program or to request an application for the upcoming training, contact Diane Mulhearn at 610-344-5212 or email dmulhearn@chesco.org.

Full Article & Source:
Chester County Orphans Court seeks guardian program volunteers

Thursday, March 22, 2018

Nursing home residents' rights measure scrapped

TALLAHASSEE, Fla. - Saying he didn’t want to make changes necessary to get it passed, Florida Constitution Revision Commission member Brecht Heuchan on Tuesday withdrew a proposal that would have guaranteed certain rights to nursing-home residents and allowed them to sue facilities if those rights were violated.

Heuchan said he met with commission members over the past several weeks to discuss their concerns and discovered that the portions of the proposed constitutional amendment (Proposal 88) that were most important for him were the same provisions that were most worrisome to other commissioners.

“To get this proposal in a place where it could enjoy the support that’s needed would leave it in a place that I wouldn’t want it, to be honest,” Heuchan said in announcing his decision to withdraw the proposal from further consideration.

Though his remarks were relatively brief, Heuchan fought rising emotion in his voice, noting that it was painful for him to concede that the proposal wouldn’t pass. The proposal faced opposition from the nursing-home industry.

“It’s very difficult, but it is life and it is this process and it’s the way things are,” Heuchan said.

Heuchan’s proposed constitutional amendment would have guaranteed residents whose rights were violated the ability to sue -- without limitations -- for losses, injuries and damages caused to them and their families. The owners, operators, employees and others who care for residents at long-term care facilities could have been liable under the proposal.

The proposal also would have required facilities to have the financial resources or liability insurance to provide compensation for damages, something they are not required to have today.

Heuchan’s proposal was supported by AARP Florida which backed enshrining the rights in the state Constitution. AARP spokesman Dave Bruns said the senior-advocacy group was disappointed that the proposal was withdrawn.

The Constitution Revision Commission meets every 20 years and has the power to place proposed constitutional amendments directly on the November ballot. It is meeting this week in Tallahassee to try to narrow a list of ballot proposals. Ultimately, 60 percent of voters would have to approve any constitutional amendments.

Heuchan is a legislative lobbyist for the Florida Justice Association, which represents plaintiffs’ attorneys, and the Tampa law firm of Wilkes & McHugh, which has long been a major player in suing nursing homes.

Heuchan’s connections led Conwell Hooper, executive director of the American Senior Alliance, to file an ethics complaint against him. Hooper’s group is a member of the Florida Health Care Association, the state’s largest nursing home association, which adamantly opposed the proposal.

But the Florida Commission on Ethics cleared Heuchan, saying nothing in the complaint filed against Heuchan showed he was paid to push the amendment or broke laws.

The Florida Health Care Association issued a statement Tuesday thanking Heuchan for withdrawing his proposal.

“We believe the Legislature is the proper place for these types of discussions and look forward to working together with Florida lawmakers, regulators and other stakeholders on policies that prioritize resident care,” association Executive Director Emmett Reed said in a prepared statement.

LeadingAge Florida, another nursing home group, said it was pleased the proposal was withdrawn.

“As we’ve said from the beginning, the proposal would have done nothing to improve the lives of nursing home and ALF (assisted living facility) residents.  Instead, it would only have served to benefit trial attorneys and divert already scarce resources that should be spent on the care of frail seniors,” LeadingAge Florida President Steve Bahmer said in a statement.

While he is withdrawing the proposal, Heuchan said he plans to continue to “fight for the rights of the elderly in our state and would welcome all the help I could get.”

Full Article & Source:
Nursing home residents' rights measure scrapped

Bill would allow probate judges to commit 18-year-olds

MONTGOMERY — Earlier this year, Florence police responded to a call involving an 18-year-old woman having a mental health crisis.

She was a risk to herself and others, Lt. Brad Holmes said.

State law doesn’t allow probate judges, or the specially trained mental health officers in Lauderdale County, to commitment 18-year-olds to mental health facilities, Holmes said.

He said the state departments of Human Resources and Youth Services generally don’t intervene for 18-year-olds who are not already in their systems, as was the case with this out-of-state University of North Alabama student, Holmes said.

The young woman, who refused to stay at the hospital her friends had taken her to, was arrested, charged with disorderly conduct, and held by police until her family members could get to Alabama.

What she needed was mental health care, Holmes said.

“If a service isn’t available that is appropriate, we still have to safeguard the public,” he said. “This individual should have been in a hospital, but we didn’t have the means to make that happen.”

Senate Bill 330 in the Alabama Legislature would end that “mental health no-man’s-land” for 18-year-olds, sponsor Sen. Tim Melson, R-Florence, said this week.

It would change from 19 to 18 the age at which people can be involuntarily committed to mental health facilities by probate judges.

However, officials with the Alabama Department of Mental Health said the bill isn’t needed because juvenile courts have jurisdiction over 18-year-olds.

There is not a gap in service per the letter of the law as to who has jurisdiction, mental health spokeswoman Malissa Valdes-Hubert said in an email Tuesday.

“ … should SB330 pass, a jurisdictional conflict would be created giving juvenile and probate courts jurisdiction to commit mentally ill or intellectually disabled 18-year-olds to the Department of Mental Health,” Valdes-Hubert said. “The department maintains the position that 18-year-olds are better served in juvenile court than probate court with adults.”

Valdes-Hubert said the department has committed to provide training on the law to stakeholders in the Florence area and to holding meetings to determine if additional steps need to be taken to ensure 18-year-olds are receiving the proper services.

A fiscal note on the bill says it would increase costs for the Alabama Department of Mental Health by an undetermined amount that would depend on the number of 18-year-olds committed, their diagnosis and needed treatment.

The bill has passed the Senate and will be in the House Judiciary Committee today.

The Department of Mental Health did not have a comment on Melson’s bill, a spokeswoman said Tuesday. The Department of Human Resources didn't respond Tuesday to a request for comment.

Lauderdale County Probate Judge Will Motlow said this week something needs to be done to make sure 18-year-olds get quick, appropriate mental health care.

“We haven’t had a situation where it’s ended in a tragedy, but it could,” he said. “We just want to make sure these 18-year-olds aren’t falling through the cracks. Whatever that takes, we’re in favor of.”

Full Article & Source:
Bill would allow probate judges to commit 18-year-olds

Alzheimers hitting New Mexicans like 'tsunami-like wave'

ALBUQUERQUE, N.M. - The number of New Mexicans living with Alzheimer's disease has jumped up again. The Alzheimer’s Association released its latest report on Tuesday. It shows 5.7 million Americans are living with the disease. From 2000 to 2015, deaths from Alzheimer’s went up 123 percent in the U.S. New Mexico numbers are among the worst.

"It is growing faster in New Mexico than it is in other parts of the country," said Gary Giron, Executive Director of the New Mexico Chapter of the Alzheimer’s Association.

The 2018 report says 39,000 New Mexicans who are 65 and older are living with Alzheimer’s. That is up 1,000 from 2017, and researchers predict it will increase to 53,000 by 2025.

Alzheimers hitting New Mexicans like 'tsunami-like wave'

"It is a tsunami-like wave that is hitting New Mexico and affecting more and more families," said Giron.

Alzheimer’s often has a painful, draining impact on family members and caregivers. Giron says it can lead to financial burdens for the family and even health problems for the caregiver.

"The person with the disease exits the workforce, and then you still have the caregiver continuing to be able to run that family,” said Giron. “But over time, the burden of the disease takes more and more time from that caregiver and makes their job harder and harder, so what starts as a five hour job a week, turns to be a 40 hour job, a 50 hour job, a 60 hour job where they're not getting sleep, they're not taking care of themselves and it's hard for them to make ends meet.”

New research ties significant cost savings to an earlier diagnosis. Giron says for that to happen, the nation and the state need to start talking about Alzheimer’s as a public health crisis.

"We need to train our physicians to be able to be comfortable to make an early diagnosis, to be able to make referrals to the right kind of supportive services, to be able to get folks involved with all of our free services here at the Alzheimer's Association, to get a care consultation so that they can be able to navigate their way through this disease,” said Giron.

The Alzheimer’s Association is always hosting events and fundraisers so they can continue offering free support as families try to navigate their way through a deadly, costly disease with no proven treatment or cure.

"It really is a crisis in New Mexico that we have to deal with.

Full Article & Source:
Alzheimers hitting New Mexicans like 'tsunami-like wave'

Wednesday, March 21, 2018

Burton Dunn To Chair Alabama Law Institute Committee

5 Points Law Group, based in Birmingham, AL, is proud to announce that Burton Dunn has been appointed to the Alabama Law Institute’s committee in charge of revising the Alabama guardianship and conservatorship statutes. Burton Dunn is the founder of the 5 Points Law Group and is an active member of the National Guardianship Association. He is proud and honored to have been chosen to serve on the committee.

He says: "I am very excited to work with the committee. I firmly believe that the work we do will be impactful. As an active member of the National Guardianship Association, revising those statutes is very close to my heart and I hope that I can make a real difference where it matters the most."

The committee is part of the Alabama Law Institute, which in turn is part of the Alabama Legislative Services Agency. As stated on their website, this agency "exists to provide non-partisan professional services support to the Alabama Legislature." It was established by Act 2017-214 for the provision of legal, fiscal, and code revisions services to the Alabama Legislature. Furthermore, "the Legislative Services Agency succeeds to and is vested with all of the functions of the Alabama Law Institute, Legislative Fiscal Office, and Legislative Reference Service." Burton Dunn's role will be to support this work and ensure that due diligence is followed at all times.

The 5 Points Law Group, meanwhile, focuses on a myriad of different areas of law. These include employment law, family law, and estate planning and probate law. Estate planning and probate law is Burton Dunn's personal area of expertise. He explains: "I bring the attention to detail and knowledge of intricacies of this area of the law that are vital to successfully navigating complex probate matters such as conservatorships and guardianships, contested wills and trusts, and estate planning. I am also experienced in navigating the bureaucracies of Veterans Affairs, Medicare, Medicaid, and Social Security."

For further information, people are encouraged to review Burton Dunn on LinkedIn. This provides details on his background and education, as well as his passion and drive for the law in Alabama and conservatorships and guardianship in particular.

###
Contact 5 Points Law Group:

Burton Dunn
(205) 352-4455
burton@5pointslaw.com
2151 Highland Ave Suite 205, Birmingham, AL 35205

Full Article & Source:
Burton Dunn To Chair Alabama Law Institute Committee

Former Nashville judge indicted on obstruction charges in embezzlement case

A federal grand jury in Tennessee has returned a superseding indictment against a former Nashville judge on obstruction charges stemming from an alleged scheme to embezzle cash from a nonprofit drug treatment facility, the Department of Justice said.

Cason “Casey” Moreland, 60, was originally indicted in April 2017 on five counts of obstruction of justice.

The superseding indictment returned Wednesday adds five new counts, including two additional obstruction of justice counts, including witness tampering and destruction of documents, two counts related to theft from a program receiving federal funds and one one count of committing an offense while on pretrial release.

Mr. Moreland was a judge for the General Sessions Court of Metropolitan Nashville and Davidson County. He heard civil, criminal and traffic cases as well as presided over the General Sessions Drug Treatment Court, a specialized court designed to provide alternatives to incarceration for low-level defendants.

The Drug Treatment Court is supported by the nonprofit Davidson County Drug Court Foundation. Prosecutors allege Mr. Moreland began embezzling cash from the foundation in the spring of 2016. Mr. Moreland is alleged to have directed to the Drug Court Foundation’s director to deliver envelopes with the organization’s cash to him in exchange for allowing the director her compensation according to court documents.

The superseding indictment alleges that after learning of the investigation, Mr. Moreland took steps to interfere with the investigation. He is accused of ordering the Drug Court Foundation’s director to destroy documents that would show the amount of cash that had been paid to the Foundation and ultimately stolen by Moreland.

He is also alleged to have attempted to tamper with a witness by suggesting that she lie to the grand jury investigating his conduct, according to court documents.

This case was investigated by the FBI and is being prosecuted by trial attorneys Lauren Bell and Andrew Laing of the Department of Justice Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee.

Full Article & Source:
Former Nashville judge indicted on obstruction charges in embezzlement case

See Also:
Casey Moreland to stay in jail after second round of obstruction charges

Undercover Recordings At Center Of Moreland Case

Nashville judge faces federal criminal charges

Casey Moreland to take leave from bench

Judge dismissed tickets, fines for female friend

Metro General Sessions Judge Casey Moreland resigns as presiding judge

Ethics Complaint Levels Charges Against Two Judges, Lewis

Investigation underway into inmate/deputy relationship in judge’s court  

President Trump Signs the RAISE Family Caregivers Act

Providing care for a family member or other loved one is not an easy job, and it requires a great deal of support. Yet many caregivers’ needs have long gone unmet. As a result, many of these individuals are stretched thin and prone to burnout, which can hinder their ability to provide for their loved one. That’s why caregivers as well as advocacy groups have been shouting out for greater support so that caregivers and those in their care can live happier lives.

Well, the government is finally listening.

On Monday, January 15, President Donald Trump signed into law the Recognize, Assist, Include, Support, and Engage (RAISE) Family Caregivers Act. This piece of legislation will support the family caregivers in the United States—of which there are more than 40 million.

Photo: Flickr/The White House
Photo: Flickr/The White House

More specifically, the law requires the secretary of the Department of Health and Human Services—currently Alex Azar—to construct a plan that will provide much-needed aid to caregivers who are looking after “a family member with an illness, disability, or ‘functional limitation.'” The plan will make suggestions for community resources and the federal, state, and local government as to how they could assist caregivers—according to The Mighty, that will include “respite options, financial security, workplace issues, and training supports related to hospice care and palliative care.”

Azar has 18 months to make this happen, with help from an advisory council made up of federal officials, caregivers, people with disabilities, and others involved with this particular community. Once the plan is set in place, it will be updated every other year.

Photo: Adobe Stock/Jaren Wicklund
Photo: Adobe Stock/Jaren Wicklund

The RAISE Family Caregivers Act has garnered bipartisan support, as well as applause from advocacy groups like the Autistic Self-Advocacy Network and the AARP.

“Family caregivers are the backbone of our care system in America,” said AARP’s chief advocacy and engagement officer Nancy LeaMond. “We need to make it easier for them to coordinate care for their loved ones, get information and resources, and take a break so they can rest and recharge.”

We at GreaterGood also applaud this Act and are excited to see what it will do for the millions of caregivers across the country. 

Full Article & Source:
President Trump Signs the RAISE Family Caregivers Act

Tuesday, March 20, 2018

Tonight on Marti Oakley's T. S. Radio: Hospice Survivors and Victims

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Pam Murray is going to share with us how her mother-in-law was murdered by hospice.

Her family was lied to by several involved in the unnecessary admission to Hospice. When this finally ended, she found that her mother-in-law was on 19 medications which included the lethal drug cocktail that hospice uses.

Morphine, Ativan, and Seroquel were used in combination in this particular case, along with so many other drugs.

Please remember that YOU have a right to refuse Hospice and to revoke it.

https://www.nhpco.org/sites/default/files/public/regulatory/DischargeTS.pdf

Also, keep in mind that HIPPA (patient privacy) does not exist to protect the privacy of the patient, but rather, to protect medical providers and others from exposure for misdiagnosis, medical neglect, unnecessary drug applications, and other wrong doing which may be evidenced in the medical records.

Please tune in to tonight’s show as we continue to try to save lives here on Hospice Survivors and Victims Radio!

LISTEN LIVE or listen to the archive later

An interview with Laura Checkoway, director of the Oscar-nominated Edith+Eddie

The Kartemquin Films release profiles nonagenarian newlyweds who were torn apart. 
By J.R. Jones
Laura Checkoway
Nominated for an Oscar this year, Laura Checkoway's short documentary Edith+Eddie tells the story of two nonagenarians in Alexandria, Virginia—Edith Hill, a black woman, and Eddie Harrison, a white man—who married in June 2014 after ten years of companionship. The happy couple resided in Edith’s home of 44 years with her daughter Rebecca Wright but, as the film records, had to be forcibly separated after a court-appointed attorney ruled that Edith should be moved to Florida to live with her other daughter. Checkoway, a Michigan native now living in New York, is a protege of local documentary filmmaker Steve James (Hoop Dreams, The Interrupters), who served as executive producer on the short and hooked her up with documentary powerhouse Kartemquin Films. Edith+Eddie opens Friday at Music Box as part of two programs collecting this year’s Oscar-nominated documentary shorts.

How did you first hear about this story?
 
A photo of the couple was circulating online. They had gotten married at age 95, 96, and they were being called America's oldest interracial newlyweds. A friend texted the picture to me, and I just kept looking at it. I wanted to know more about them and what it would be like to fall in love at that time in your life, so I connected the dots to the family and they invited me down to meet them. Within a few days I was on a bus from New York to Virginia, and actually the opening scene in the film, where we see them dancing together, was the first time we met.

When you learned about their relationship, did you feel it was different from people who were meeting earlier in life, a different set of stresses and circumstances that shaped their relationship?
 
I feel like they cherished each other even more because every day was something to hold dear. At the same time, that tenderness and excitement that you feel [when you're] young, to see that that doesn't change, whatever that feeling is that we get inside when we're fond of someone, that that remains true and possible throughout your whole life.

How did you first get involved with Kartemquin?
 
Steve James is a mentor of mine. I met him while I was making my first documentary, which is called Lucky. . . . He could really relate to a lot of what he heard I was going through with the making of that film. He suggested I see his film Stevie, which [also] follows a difficult person. . . . I don't know how Steve feels about me saying this, but he has been like an angel in my life.

What have you learned from him, either in your personal contact or through his films?
 
What he saw in Lucky, which he could relate to in Stevie, is not shying away from difficult people who don't have a story necessarily of overcoming or assimilating. It's just as important to pay attention to the kinds of people we wouldn’t usually see onscreen. [I've learned from] his integrity and his openness and willingness to deal with the messiness of life and all the complications that we, as people, go through. And even though Steve started with Hoop Dreams, which is a classic, I also see him continue to step his game up in different ways with every film. To see that level of not just consistency, but getting better with time is really inspiring.

I understand that producing this was more or less a one-woman operation. Can you describe the process of creating the film?
 
I wouldn't say a one-woman operation. I typically have one other collaborator, either a cameraman with me or Corwin [Lamm], who was a collaborator throughout, helped with the editing and coproducing as well. We would get there by any means possible when I felt it was important to be there, stay over at people's houses, sometimes drive back that very same night. I edited it on my laptop. So yeah, it was really bare-bones. There wouldn't have been any other way to make this film. I'm thankful that it was created in the way that it was, because it feels like the power of the story is what really shines through.

Edith was ruled legally incapacitated in 2011, which was a few years before the marriage, for reasons of dementia. In the time you spent with her, did she seem to be cognizant of what was going on? Did she forget things? What was your take on her mental sharpness?
 
She was really clear in some ways and, like many of us, not always so clear in others. It's a really nuanced spectrum, and what we've learned is that often, when somebody is deemed to be incapacitated or that box is checked that says you have dementia, there's no thought or recognition of what a broad spectrum that is. She was very lucid about wanting to be with Eddie, and her love for him, and she often spoke almost in prayer. She would recite poetry, she would sing to him over meals. It was really beautiful to get to know her.

How much time did you spend with her altogether during the shoot?
 
It was just under three months from the time that we met until the end of the film. We continued to film for another year and some change, following Rebecca's fight to bring her mom back home and also recognizing that this is a bigger issue that's happening to elders all over the country. I spoke with activists and advocates all over and families who have been affected by the legal guardianship system as well. Then the story hit a standstill, and when the ending that we were waiting for never came, I went to edit and chose to make it a shorter film.

What did this project teach you about elder-care law? Do you think it should be reformed?
 
Absolutely. I wasn't aware of the legal guardianship system when I entered into this. It's alarming to learn that what happens with Edith and Eddie is happening to elders all over the country, and that it's often experienced in isolation, so families don't know what hit them. I have heard horror stories from all over, and there's a through line even though everyone's family and situation is unique. It's a system that was implemented with intentions of protecting elders and now has become a feeding ground. The people who are appointed to protect are exploiting and taking advantage of those very same people . . . There's no federal oversight—guardianship is a state-by-state system—so there's no statistics on it at all, and that's what allows this sort of situation to fester. It's estimated that there are between 1.5 and three million people in this country under court-appointed guardianship. That's a really big range, right? So there's not even the basic numbers here, let alone people watching over what's happening.

Full Article & Source:
An interview with Laura Checkoway, director of the Oscar-nominated Edith+Eddie