Friday, October 12, 2018

Fort Myers man arrested for exploiting elderly Palm Beach County couple

A man who was arrested during a suspected hazmat situation was wanted on the east coast for exploiting the elderly.

Police arrested David Del Rio, 35, after raiding his Fort Myers home last Thursday.

As the William and Elizabeth Cabral’s “financial adviser,” they trusted Del Rio with their money, approximately $900,000 worth according to police reports.

Palm Beach County police say Del Rio even signed on as their power of attorney and beneficiary before investigators say he started taking their money.

Then Elizabeth Cabral, 84, was found dead in her Palm Beach County condo.

The money belonging to the Cabral’s was traced back to Del Rio who spent the money on things like a car, cruise and guns.

Neighbors are shocked.

“I’ve literally been to his house,” said his neighbor Tyler Gould. “So it’s really a shock to see that somebody so nice could do something so terrible.”

Police say that from September 2016 to March of this year, Del Rio wrote checks, sometimes $100,000 at a time to himself in the Cabral’s names, even after William Cabral died last year.

Elizabeth Cabral’s neighbor said that she had a lot of people in and out taking care of her.

Then on April 30, Elizabeth was found stabbed to death in her home.

Investigators say Del Rio deposited his last check in her name just six weeks before her death.

Del Rio is not charged in the death of Elizabeth Cabral. He is currently charged for 28 other felonies in Palm Beach County and being held on $28,000 bond in Palm Beach County.



Full Article & Source:
Fort Myers man arrested for exploiting elderly Palm Beach County couple

Last will and testament can't be challenged until probate commences

Question: My father's last will and testament, signed in 2002, split everything equally between my sister and me. This is what Dad always told us he wanted. Since then, he has developed frontal lobe dementia and is living with my sister. My aunt recently told me my dad just signed a new will, and she heard my sister boasting she is getting everything under the new will and I am cut out. I think she's taken advantage of Dad. Can I do something to challenge the will now, before he passes on? He's 84.

Answer: I am so sorry you are in this situation. I understand your concern.

You might ultimately have grounds to challenge his last will and testament, perhaps on the basis of undue influence or lack of capacity. However, this can't be done ahead of time. You will have to wait until your father (the testator) passes away. Once his will is submitted to the probate court, you will have a limited period of time to challenge it. Until then, you have no legal recourse for demonstrating that the will is invalid. When the time comes, you will need to retain a probate litigation lawyer to handle the case.

For now, my suggestion is that you document everything — phone calls, paperwork, etc. — to fortify any future case. Also, because it sounds like your father may be the victim of elder financial abuse, I suggest that you contact the Florida Elder Abuse hotline, 800-96-ABUSE (800-962-2873).You could also consider filing a petition for guardianship. If a guardian is appointed, he/she will be able to monitor the situation and gather any evidence that your father has been the subject of undue influence or fraud, evidence that will be valuable once the probate is under way.

Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beach and St. Lucie counties. The firm assists clients with wills, trusts, Medicaid and VA benefits planning, asset preservation, probate/trust administration and estate litigation.

Full Article & Source:
Last will and testament can't be challenged until probate commences

Thursday, October 11, 2018

New Mexico's Guardianship System Raises Serious Questions

Credit Peter Goodman
Commentary: A new AARP article reminded me of the day I said farewell to a delightful, courageous Japanese lady named Kise.

A year earlier, her stepson approached me in the market and asked me to help free his Japanese stepmother. She was “like a second mother.” When he first went to Japan at 14, she not only welcomed him but effected a reconciliation with his father.

She'd moved to the U.S. with her husband, who died in 1993. She loved her garden and her cat, but she was aging, and her stepson lived in California. They'd discussed her moving there when living alone got too hard. He'd arranged home-help for her here, but she fired the help.

It was a shock when a neighbor called: authorities had put her somewhere -- for her own safety.

He and his wife came to Las Cruces. They wanted to take her to California. They couldn't. The guardians and their lawyer vilified him.

I helped them awhile, as a lawyer, then referred them to a firm.

As a columnist, I've learned from other sources of heartbreaking abuses of New Mexico's guardianship laws. I was even advised that “clients” were in the charge of a woman who had been fired, allegedly for questionable treatment of clients. (An October 2017 New Yorker article detailed abuses of Nevada's law, which was especially favorable to guardians taking over people's lives, even where family was willing and able to help.)

New Mexico's Supreme Court created a commission to look into abuses and make recommendations. The Commission heard many horror stories. It recommended that when someone is in danger of being committed, family must be notified and given a voice. It also recommended making hearings public. While we'd like to keep such proceedings confidential to protect the person involved, confidentiality allows guardians to abuse their power. (In Nevada, there were numerous cases of an agency taking over a person's life, collecting handsome sums from the person's bank account, and refusing families' efforts to help – or even visit.) Sometimes, though, guardians do wonderful and essential work.

In January 2017, Judge James T. Martin ordered the guardians to try to help Kise move to California. They made excuses. (They'd made clear to me that they had no intention of moving her.) They kept her living with people far less functional than she; and their willfulness cost her and her stepson lots of money. (During one visit, a lady who was intently watching a TV show for young children kept confusing Kise and me with characters in the show. Kise whispered, “You don't get smarter in here.”)

In February 2018 the Judge ordered them to comply with his 2017 order.

We celebrated with lunch at Aqua Reef. We were so relieved that Kise could finally move to a facility near her stepson's home, join them for meals, and go to their house to garden. She called them “a godsend.”

I wished I had a videotape of our conversation to show her “guardians.” What was remarkable about our good-bye lunch was that it wasn't remarkable. Kise was charming and quick-witted. Her stepson and his wife treated her with the love and respect she deserved.

As I hugged everyone, I realized how moved I felt.

It seemed incredible that for over a year her guardian and court-appointed lawyer (perhaps well-intentioned), had charged Kise big bucks to keep her locked up and away from her family.

[I can't say much more about Kise's case, except that when I've had a chance to talk with her and her stepson, things sound so much better than when she was here.  Nothing against the facility in which she was kept, where the people who worked with her seemed to genuinely like her and be liked by her.  The key problem is that operating in relative darkness, guardians have pretty absolute power over their charges, particularly since in any disagreement a competent-appearing professional has a pretty significant credibility edge on a person who is or may be approaching dementia.  And we know what Lord Acton said about absolute power corrupting absolutely.  Perhaps it's a wonder that some -- perhaps the majority of -- guardians are honest and caring and thoughtful.]

[In California, Kise read this column and appreciated it.  She commented that "you don't normally read something in the newspaper so truthful."  Thursday is her birthday -- she'll be 87 -- and I'll be thinking of her.]

[Again, I do not mean by this column to indict an industry.  Or anyone.  I mean to join the chorus warning that there are dangers here Kise did need some kind of intervention.  But the guardians, in my opinion, dug in too deeply when faced with a loving family.  Her stepson became the Enemy, and battling him seemed to become their mission.  I'm told that under the new rules, they would have been required to serve him with papers right from the start, which would have helped here.]

[By the way, although stories have also appeared in the Albuquerque Journal, the AARP Magazine piece (by Kenneth Miller), which sparked my publication of this column, is in the October/November issue and is entitled "AARP Investigates: A Legal Hostage" and subtitled, "A court-ordered guardianship nearly shattered the life of Kise Davis in a trend that now too often leads to isolation and exploitation of older Americans."  (I'd written the column months ago, but not thought it appropriate to publish it while the case was in the courts and before the information in it had become public.)]

Full Article & Source:
New Mexico's Guardianship System Raises Serious Questions

In Life’s Last Moments, Open a Window

My hospice patients were dying, but they still longed for fresh air and birdsong. 

By Rachel Clarke 
Dr. Clarke specializes in palliative care with Britain’s National Health Service.

Ariel Lee
A furrowed brow and flailing arms were all we had to go on. The grimacing, the way the patient flung his head from side to side — all of it signified an unvoiced anguish. We tried talking, listening, morphine. His agitation only grew.

All cancers have the power to ravage a body, but each assails in distinctive ways. One of the particular cruelties of a cancer of the tongue is its capacity to deprive a person of speech.

Some of us thought he must be suffering from terminal agitation, a state of heightened anxiety that sometimes develops as the end of life draws near. But the junior doctor on the team, Nicholas, was convinced that we could unlock the source of our patient’s distress and volunteered to stay behind in the room.

Nicholas reappeared about an hour later. “You can understand his speech,” he announced. “You just have to really listen.”

When I re-entered the room, the reclining chair that the patient — a tall, angular man in his 80s — had been thrashing around in had been turned to face out onto the garden and the double doors were open wide. Now he sat calmly, transfixed by the trees and sky. All he had wanted was that view.

For a decade, I have worked as a doctor in Britain’s National Health Service. We are an overstretched, underfunded health service in which too few doctors and nurses labor with too few resources, struggling to deliver good care. Burnout among staff is endemic, so much so that it threatens to stifle the kindness and compassion that should be the bedrock of medicine. 

But then there are the moments when helping someone is easy: Just nature is enough.

Before I specialized in palliative care, I thought the sheer vitality of nature might be an affront to patients so close to the end of life — a kind of impudent abundance. And yet, in the hospice where I work, I am often struck by the intense solace some patients find in the natural world.

I met Diane Finch, a patient, in May, on the day her oncologist broke the devastating news that further palliative chemotherapy was no longer an option. She was 51. From that point on, her terminal breast cancer would run its natural course, medicine powerless to arrest it.

“My first thought, my urge, was to get up and find an open space,” she told me on that first meeting. “I needed to breathe fresh air, to hear natural noises away from the hospital and its treatment rooms.”  

At first she fought to preserve herself digitally, documenting every thought and feeling on her computer before they, and she, were lost forever. But one day, as she was typing frantically, she heard a bird singing through her open window.

“When you come to the end of your life, you get the sense that you don’t want to lose yourself, you want to be able to pass something on,” she told me later. “When I had whole brain radiotherapy, I felt as though something had dropped out, as if everything I said needed to be saved. It was all running away from me. 

“Somehow, when I listened to the song of a blackbird in the garden, I found it incredibly calming. It seemed to allay that fear that everything was going to disappear, to be lost forever, because I thought, ‘Well, there will be other blackbirds. Their songs will be pretty similar and it will all be fine.’ And in the same way, there were other people before me with my diagnosis. Other people will have died in the same way I will die. And it’s natural. It’s a natural progression. Cancer is part of nature too, and that is something I have to accept, and learn to live and die with.”

Ms. Finch recorded a song based on the peace she felt listening to the bird song, and it was enough to bring her some relief from what — up to that point — had been almost feverish efforts at self-preservation. 

Another patient, whom I admitted in July with about a week to live, was mostly concerned that I keep the windows open, so that he could “keep on feeling the breeze on my face and listening to that blackbird outside.” I rushed to make sure of it.

Shortly before his death from pancreatic cancer at 59, in the 1990s, the British playwright Dennis Potter described the exaltation of looking out at a blossom that had become the “whitest, frothiest, blossomest blossom that there ever could be” from his window.

“Things are both more trivial than they ever were, and more important than they ever were, and the difference between the trivial and the important doesn’t seem to matter. But the nowness of everything is absolutely wondrous,” he told an interviewer.

People often imagine hospices to be dark and dismal places where there is nothing left to experience but dying. But what dominates my work is not proximity to death but the best bits of living. Nowness is everywhere. Nature provides it.

Rachel Clarke (@doctor_oxford) is an N.H.S. doctor and the author of “Your Life in My Hands: A Junior Doctor’s Story.”

Full Article & Source: 
In Life’s Last Moments, Open a Window

New law offers alternative to traditional guardianship

A new alternative to traditional full guardianship for older adults in Alaska is “a cutting-edge concept” and more person-centered, AARP Alaska says.

HB 336, which was signed by Gov. Bill Walker on Thursday, allows for the creation of a formal legal agreement among a vulnerable adult and his or her chosen “supporters” — who could be family, friends or others — for counsel and support of the adult in making important decisions.

The agreements, called supported decision-making agreements, also will be available to people with intellectual or developmental disabilities.

“It’s innovative legislation that will end up saving the state money and will allow the freedom that seniors need, and folks with intellectual and developmental disabilities, to gauge how much support they need,” state Rep. Charisse Millett, the bill’s sponsor, told TV station KTUU.

The bill had passed the state House 39-1 on April 14 and the state Senate 19-0 on May 11.

Full Article & Source:
New law offers alternative to traditional guardianship

Wednesday, October 10, 2018

3 Ways to Improve Adult Guardianship and Fight Elder Abuse

Junette, a family caregiver from Arkansas, understands the challenges of providing the best possible care for her adult daughter, Colleen. In 2007, Colleen was injured severely in a hit-and-run accident. Since that time, Junette, her husband, Johnny, and Colleen’s husband, Mark, have done everything possible to care for Colleen at home. They said, “Absolutely not!” when asked if Colleen should be placed in a nursing home. Now, Junette and Johnny help with caregiving responsibilities for Colleen, while Mark serves as her guardian.

Adult guardianship is a process by which a state court appoints an individual to care for the well-being, and possibly finances, of another person who is unable to care for him or herself. Guardians can be family members, friends, or non-related professionals appointed by a judge.

Across the country, we’ve seen an uptick in action to improve outdated guardianship laws, procedures, and practices. State legislators, judges, family advocates, and other stakeholders are working to:
  • Prevent the abuse and exploitation of older and vulnerable adults
  • Simplify caring across state lines for long-distance guardians
  • Improve training and establish standards for all guardians
  • Create programs and funding for public guardianship
  • Explore less restrictive guardianship alternatives, like supported decision making
In the states, AARP has been at the forefront of the fight to improve guardianship statutes, practices, and standards by advocating for comprehensive and accountable guardianship reforms. Our goal: to help protect vulnerable adults and provide their caregivers with the tools necessary to make important decisions.

Here are 3 ways we’re fighting to improve adult guardianship laws around the country:
  1. A New Uniform LawIn July 2017, the Uniform Law Commission approved the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA). This new act makes it easier for family caregivers and adult guardians to care for their loved ones across state lines. UGCOPAA covers guardianships of adults and minors, emphasizes an approach that centers on the person, and calls on state courts to provide information, guidance, and oversight. The three main objectives of the act are:
  • Focus on the Individual: Highlights personalized guardianship plans and requires courts to order less restrictive options for people who are capable of making their own decisions.
  • Focus on the Guardian: Spells out the duties and responsibilities of a guardian, provides criteria for decision-making, and outlines standards of practice and training requirements. It also provides a detailed procedure for getting rid of guardians who are “bad actors,” meaning that they are not acting in the best interest of the person for whom they are responsible.
  • Focus on the Courts: Guides judges to use the least restrictive option available, before appointing full guardianship. It provides courts with alternatives and emphasizes court oversight and monitoring to help prevent abuse and exploitation. 

    Maine is the first state to enact the UGCOPAA and New Mexico’s legislature adopted sections pertaining to mandatory reporting and bonding.
  1. Supported Decision MakingAdditionally, states are looking to update guardianship laws to ensure access to less restrictive alternatives, like supported-decision making (SDM). A supported decision-making agreement enables a person, who can make his or her own life decisions but needs assistance doing so, to name an individual, like a family caregiver, to help make these decisions.

    In 2015, Texas became the first state to enact SDM, followed by Delaware and most recently, Wisconsin. The Alaska legislature passed a SDM bill that is currently awaiting the Governor’s signature.
  1. Advocating Beyond State LegislaturesProgress isn’t just happening in state legislatures. Across the country, AARP is fighting for judicial and executive alternatives to reform adult guardianship systems, like creating WINGS, or Working Interdisciplinary Networks of Guardianship Stakeholders. WINGS are court-community partnerships that identify what does and does not work in the state’s guardianship system. AARP state offices have been engaged actively as community stakeholders in WINGS groups since 2013 and have helped adopt court administrative rule changes, and create educational and training materials for professional and family guardians. Currently, 25 states have WINGS or similarly structured groups focused on guardianship reforms.

This year, AARP state offices in Alabama, Kentucky, and Wisconsin worked with their respective state WINGS group to improve adult guardianship laws and practices.

While we have made great strides to update—and strengthen—state adult guardianship systems, our work is far from done. AARP will continue to fight to protect vulnerable adults who count on their guardians for vital decision-making and support, and to make sure guardians have the training and tools necessary to take on their important responsibilities.

Full Article & Source:
3 Ways to Improve Adult Guardianship and Fight Elder Abuse

Alabama Senior Citizen Medically Kidnapped and Forced onto Drugs Against Family Wishes

Nancy Scott is very concerned about her mother’s well-being, and now she cannot even talk to her.
Just as Child Protective Services and a judge have almost omnipotent, unchecked power to decide unilaterally that the relationship between a parent and a young child is not worthy of being preserved, Adult Protective Services and a probate judge have the same power to sever the relationship between an adult child and their elderly parent.

Sometimes the relationship has endured for longer than the judge and social worker combined have been alive, yet with the stroke of a pen, a senior citizen can be completely torn away from their own children.

The wishes of the elder can be completely ignored, and documents assigning power of attorney to a trusted adult child can become meaningless. Medical and financial decisions are placed into the hands of a court-appointed guardian who is often a stranger to everyone in the family.

Nancy Scott, a retired English teacher from south Alabama, wrote to Health Impact News describing the medical kidnapping of her 102-year-old mother, who is also a beloved retired schoolteacher known to her former students as “Ms. Gregory.”

St. Vincent’s Hospital and the Alabama Department of Human Resources (DHR) seized custody of Marian (Gregory) Leonard in February 2018. She is being held against her will, forced by a Jefferson County, Alabama, court into Hospice care, even though she has no terminal illness or disease. She is elderly, but her mind is sound.

Nancy has always enjoyed a close relationship with her mother, but she has not seen her since midsummer. At that time, Ms. Gregory begged to go home. She told Nancy:
If you don’t get me out of here, they’re going to kill me, and they’re going to kill you.
She is being drugged against her will and has told her daughter that she doesn’t want the drugs. There have been times that medical staff have said that Ms. Gregory had dementia, but Nancy says that this is because of the unnecessary psychotropic drugs that doctors put her on. When she was under care of doctors who removed the medications, her mental state drastically improved.

Ms. Gregory’s Story as Told by her Daughter

Here is their story in Nancy Scott’s words, written just before her visits were stopped:

My mother, a 102 year- old retired English teacher from south Alabama, wakes up every morning and asks, “When can we go home?”

And I tell her every day, “I’m working on getting us home.”

Home is south Alabama, known as the “Wiregrass.” My mother has been in the custody of the Alabama Department of Human Resources since February 1, 2018. I now have a very good attorney, but the first attorneys I had, did absolutely nothing except take my money and never filed an appearance. I just hope it’s not too late.

Medical kidnapping usually involves a child or children, but in my situation, my elder mother—was kidnapped by the Alabama DHR. She was in St. Vincent’s Hospital for what would have been a 3-4 day stay because of a UTI and a mild case of the flu.

DHR issued a court order for “protective custody” on February 1, 2018, and stated in the order that she could not leave the hospital without a court order. I was not allowed to know what I was accused of because DHR sealed the records. One attorney I hired was also not allowed access to the records. The first GAL leaked some of the information to me along with other “grapevine” news.

I finally learned that I was accused by DHR of taking my mother from a facility against medical advice. However, I provided a report from a physician at a local hospital who had given me full permission—and his blessings—to take her out of the facility on the day she and I left.

[Note: documentation of this has been provided to Health Impact News.]

No allegations of abuse or neglect can be found in the (almost) five years I’ve been taking care of my mother. A couple of phone calls by DHR could have proven that I did not take my mother anywhere against medical advice (and never have). However, DHR jumped into the case. Now after spending several thousand dollars of the tax payers’ money, this organization is still trying to find something to justify the hasty, costly decision to take charge of my mother.

Since she has been in “protective custody,” my mother has gone from getting up every day, eating a regular diet, and sitting in a recliner, to being bedridden. She has asked to get up, but Hospice has said, “No.” She left St. Vincent’s with bedsores.

St. Vincent's Birmingham
St. Vincent’s Hospital, Birmingham, Alabama. Photo source.

After the medication overdoses at this hospital, it’s a miracle she is alive. The doctors at St. Vincent’s assured me they were not giving her any medication—-she refused to eat or drink for one month and slept most of the time. After a family friend (another physician) came to the hospital to check on her, I learned what she had been given.

The hospitalists in charge of my mother’s care at St. Vincent’s had been giving her Scopolamine, the “date rape” drug, and then proceeded to label her as “demented.” They also gave her Haldol and Ativan (against my written request not to do so).

These doctors also gave her a cough medicine that she could not metabolize. The guidelines for avoiding such medications were in her hospital records, and I reminded them to check this medication against her medical allergies.

She almost died from the medicine mistake, and one hospitalist, Dr. Wheeler, refused to consult with an anesthesiologist regarding the best treatment for her to help her get over the mistake with the medicine. Dr. Wheeler told me, “No, because of her age.”

Probate Judge Alan King (Jefferson County, AL) appointed a conservator and a guardian (GAL) for my mother even though I provided documentation that I had not done anything against medical advice.

When Judge King issued an order after a March 20, 2018, hearing, neither my attorney nor I were allowed to receive a copy of the order for several weeks. The clerk at the probate judicial office told me that until the court costs were paid, we were not allowed a copy of the judge’s order. DHR was responsible for the bill, so getting a copy of the order was delayed almost a month while everyone waited for DHR to pay the bill.

Judge King also insisted that my mother leave the hospital under hospice care although she has no diagnosis of any terminal illness.

Prior to the hospitalization, she ate a regular diet, got out of bed every day (with the help of regular caregivers), and enjoyed having her hair done.

The Director of Nursing at the current facility told me that she had tried to get Hospice to agree to add a low dose of Zoloft for my mother at bedtime. Hospice told me that they were under strict court orders not to discuss any medication issues with me and refused to add the Zoloft even though she had been taking this medication for over 30 years.

Early on, my brother called the former GAL and told her that no one was able to look after the best interests of my mother any better than I because I knew all of her medical allergies and was extremely careful with her care.

In addition, the court-appointed Jefferson County conservator and St. Vincent’s social workers selected a facility in Jefferson County, a three-star facility, that always seems to be short on staff. The court refused to allow my mother to leave Jefferson County (Birmingham area).

The facility in Troy, Alabama, which I presented to hospital social workers as an option, much closer to her home and friends, has a five-star (Medicare rating) and is almost $2000/month less expensive.

Why all this taxpayer money to hold an old woman in “protective custody” and deny her God given rights to choose where she will spend her last days?
Bottom line—we have been through all this before……could some of the problem possibly be the 300 wooded acres in Henry County, Alabama, that my mother inherited from her grandfather during the depression?
Full Article & Source:
Alabama Senior Citizen Medically Kidnapped and Forced onto Drugs Against Family Wishes

Retired and broke: Bankruptcy filings surging for seniors

Mark Molnar cleans a restroom in an RV park in Trenton, Maine. Molnar and his wife, Joanne, are "workampers," mainly retirement-age couples who work seasonal jobs at RV parks and camping parks for minimum or relatively low wages during the summer months. (Photo Linda Davidson/The Washington Post)
We were going over her budget and it didn’t look good.

She was retired and in her late 60s. Her only income is Social Security. Between the cost of health care, medicine, food and rent there wasn’t really anything left over to handle the thousands of dollars of credit card debt. Credit was the bridge she used to extend her benefit check.

“You need to file for bankruptcy,” I said.

She didn’t say anything for quite some time.

“But I pay my debts, always have,” she finally responded. “Scripture says, the wicked vow and don’t pay.”

For all of her working life, she had sufficient income to cover her expenses. But now there just wasn’t enough. Even if she just paid the minimum due, she would be in her 90s before it was all paid off. The stress of debt was too much to bear. By the time she got over her embarrassment to ask for help, bankruptcy was the only viable option.

Filing for Chapter 7 bankruptcy was devastating to her. Yet, it was what saved her from the increasingly aggressive letters and calls from creditors. Things are still very tight, but she’s making her meager ends meet.

Last week, a lot of news outlets jumped on this detail: Data from the Consumer Bankruptcy Project show that bankruptcy filings by people 65 and older are climbing.

“The social safety net for older Americans has been shrinking for the past couple decades,” according to the paper “Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society.” “The risks associated with aging, reduced income and increased health care costs, have been offloaded onto older individuals. At the same time, older Americans are increasingly likely to file consumer bankruptcy, and their representation among those in bankruptcy has never been higher.”

There has been more than a twofold increase in the rate at which older Americans file for bankruptcy protection and almost fivefold jump in the percentage of older persons in the bankruptcy system, according to the research compiled by a group that includes Deborah Thorne at the University of Idaho, Pamela Foohey of the Indiana University Maurer School of Law, Robert Lawless of the University of Illinois College of Law and Katherine Porter of University of California Irvine School of Law.

“The magnitude of growth in older Americans in bankruptcy is so large that the broader trend of an aging U.S. population can explain only a small portion of the effect,” the researchers wrote. “In our data, older Americans report they are struggling with increased financial risks, namely inadequate income and unmanageable costs of health care, as they try to deal with reductions to their social safety net.”

They report that the median senior bankruptcy filer has a negative net worth of $17,390.

Here’s a chilling proclamation from the report: “For an increasing number of older Americans, their golden years are fraught with economic risks . . . Absent significant policy changes that reassume the risks of aging and effectively insure the financial stability of older Americans, our data suggest that the trend of an aging bankruptcy population will continue. For older Americans, bankruptcy is too little too late. By the time they file, their wealth has vanished, and they simply do not have enough years to get back on their feet.”

Last week, I was on NPR’s 1A to talk about this trend. I was joined on the show, hosted by Joshua Johnson, by Thorne, the principal investigator of the Consumer Bankruptcy Project, and by Cindy Hounsell, president of the Women’s Institute for a Secure Retirement (WISER).

“Oh, c'mon: who could have possibly imagined that the systematic theft of Baby Boomers' pensions to artificially inflate stock prices and temporarily increase corporate profits would ever have any adverse effects on actual people?” one listener wrote.  (Continue)

Full Article & Source:
Retired and broke: Bankruptcy filings surging for seniors

Tuesday, October 9, 2018

Perils of Probate: Probate Court Destroys Lives of Mother and Daughter

Bonnie Lou White and Gerarda White-Penny
Bonnie Lou White and Gerarda White-Penny had a perfect life. Mother and daughter lived together, each doing their part to get by. Things changed rapidly after Bonnie Lou White wrote her will and trust, and a cousin found out she wasn’t a beneficiary.

The cousin petitioned the probate court in 2017, and the probate quickly bypassed any claim the cousin thought she had. But that wasn’t the end of it. Probate court officials immediately took over anyway, took out a $900,000 reverse mortgage and installed new doors, windows and floors, all at White’s expense.

After the upgrades, the court was gracious enough to allowed White to live in her home a few months before the conservator moved White to a nursing home.

White has made it clear to the court that she wants to live at home. White has no mental incapacity, she wants to be at home with Gerarda and her grandbaby.

White has been in the nursing home since January, and in September the daughter received an eviction notice.

“I’ve got less than a month before I lose mom’s home. Our home is worth over $1 million but they’ve listed it at $780,000. The court is probably going to sell it to one of their friends,” Gerarda said. “They say they’re going to pay medical expenses, but my mom has long-term care insurance. Why are they doing this to my family? We were doing fine. The Court said our house needed upgrades so they put in new windows, doors and floors. Who really needs these things, us, or the people they intend to sell it to?”
“My cousin filed the petition, which made us come to court and they conserved my mother. My cousin is not in my mom’s will and she is excluded in the trust. All she got was to see my family destroyed.”

The purpose of the probate court is to conserve families, and do what’s in their best interest.

Unfortunately many court appointed officials don’t abide by the rules written in the Probate Handbook. In the Handbook is written, “when at all possible keep the Conservatee in the home, that’s the best place for them to be.”

Current probate officials are quick to take over conservatorship because that’s how they make their money. It’s a business, a profession. Gerarda’s story is a common one.

Gerarda is fighting back. She has filed a petition to dismiss her mother’s conservatorship and taken the civil case to the Alameda County district attorney’s office. “When people file a petition, especially one where their name ain’t on nothing, the court needs to consider the person’s motivation bringing the petition, or just abide by what the will and trust says. They bypass your trust like it doesn’t exist. Courts allow these petitions because that’s the wedge they need to take over people and their estates,” she said.

SHOUT OUT JUSTICE and Cedar California recently joined with national probate fighting network “Probate Warriors.” “We find that the only time we get the court to stop running over us is when we get media attention,” says, SOJ’s Venus Gist. “Probate Warriors are families committed to fight what is becoming an epidemic of abuse by probate officials and judges nationwide.”

Full Article & Source:
Perils of Probate: Probate Court Destroys Lives of Mother and Daughter