Tuesday, December 25, 2018
Classic Christmas Songs Of All Time - 2 Hours of Christmas Music Classics and Holiday Scenery
Source:
Classic Christmas Songs Of All Time - 2 Hours of Christmas Music Classics and Holiday Scenery
Josh Care: Forgotten Love
Official Music Video for "Forgotten Love' by Josh Card, from the forthcoming album "With A Heavy Heart".
Join the fight to end Dementia and Alzheimer's at http://www.alz.org or visit Alzheimer's Association.
Source:
YouTube
Join the fight to end Dementia and Alzheimer's at http://www.alz.org or visit Alzheimer's Association.
Source:
YouTube
Monday, December 24, 2018
Students Living in Nursing Homes - a Solution to our Ageing Populations?
An innovative retirement home in The Netherlands has opened its doors to students who live on site and help elderly residents in return for free lodgings while they carry out their studies.
In today’s society both young and old increasingly find themselves living in a bubble of like-minded and similar-aged peers. This is especially true of university students who leave home at 18 to live with people of the same age – who have quite often had similar life experiences.
Given this, the report that a Dutch nursing home has established a programme providing free rent to university students in exchange for 30 hours a month of their time “acting as neighbours” with their aged residents is unusual.
The programme has seen students in their early twenties sharing lives with residents in their eighties and nineties. As part of their volunteer agreement, the students also spend time teaching residents new skills – like how to email, use social media, Skype, and even graffiti art.
In today’s society both young and old increasingly find themselves living in a bubble of like-minded and similar-aged peers. This is especially true of university students who leave home at 18 to live with people of the same age – who have quite often had similar life experiences.
Given this, the report that a Dutch nursing home has established a programme providing free rent to university students in exchange for 30 hours a month of their time “acting as neighbours” with their aged residents is unusual.
The programme has seen students in their early twenties sharing lives with residents in their eighties and nineties. As part of their volunteer agreement, the students also spend time teaching residents new skills – like how to email, use social media, Skype, and even graffiti art.
Source:
CBS News: Students Connect With Seniors Through Letters in Cursive
Our series, A More Perfect Union, highlights how the things Americans have in common far outweigh our differences. In this installment, we look at the power of the written word. Common core standards no longer require students to learn cursive, but supporters of long-hand writing refuse to let it die. Omar Villafranca visited a school in Dallas to see how loops and tails are connecting people in a digital world.
Source:
Students Connect With Seniors Through Letters in Cursive
Sunday, December 23, 2018
“Old Coots” Set Up Table At Farmer’s Market to Give Free Life Advice
A group of retired friends from Salt Lake City, Utah used to meet every Saturday at a friend’s deli, where they’d drink coffee and shoot the breeze. It was a nice way to spend retirement… until they all outlived their respective material. Realizing they’d already heard all of each others’ stories and knew everything interesting about each other already, deli owner Tony Caputo decided to get a card table and rent a tent at the farmer’s market across the street so the group could give out free advice to strangers instead of listening to each other.
Caputo wasn’t kidding. He and his friends set up the “Old Coots Giving Advice” tent, complete with an official banner and the slogan, “It’s probably bad advice, but it’s free.” It was all pretty much a joke at first. A way for the group to liven up their Saturdays. But then something funny happened: people started showing up, and with some serious questions.
And the Old Coots — comprised of Gus Wheeler, Lou Borgenicht, Carol Sisco, Chris Vanocur, Tony Caputo and John Lesnan — give them real, thoughtful answers.
From The Washington Post:
“Where can I find someone to love?”
“Why does my cat pee on everything in the house?”
“Have I put in enough time at my new job to take a one-week vacation?”
Quickly, they realized how much people need a sounding board. They took the responsibility seriously.
“People ask us, ‘Are you guys qualified to do this?’ and of course, we have to say no,” said Caputo, 69. “But neither was Ann Landers. Hopefully, we won’t mess people up too much.”
Each Saturday since the summer, the “Old Coots” have taken on the issues of about 30 to 40 people who come by seeking their advice. It’s a way for a person to get an outside opinion from somebody who has nothing to gain, he said.
“It started as a joke, but it’s become a phenomenon,” Caputo said. “Somebody told us the other day that we’re the most popular attraction at the market. We always listen carefully and don’t give gratuitous advice.”This is my new plan for retirement. Set up a table at a farmer’s market for me and my friends (but replace the coffee with a cooler full of beers) and tell younger people how to handle stuff. I promise my advice will be twice as bad!
“You can’t find love? Put out more.”
“Trouble with your boss? Find out his or her computer password and play porno on their work computer. The weird stuff. The stuff that no one wants to explain.”
“Class too hard? Fake having ADD so you get put in a remedial course but still get to be given credit like you were in the hard one.”
“Bully problems? Here’s my switchblade bring it back next week.”
Full Article & Source:
“Old Coots” Set Up Table At Farmer’s Market to Give Free Life Advice
Augusta woman accused of elderly exploitation denied bond
An Augusta woman accused of fleeing the state after learning she had
been indicted on a charge of exploitation of an elderly or disabled
adult was denied bond Thursday.
Serena A. Joyner, 41, was initially only charged with a misdemeanor offense following the death of a 61-year-old stroke victim Sept. 7. The Richmond County grand jury returned an indictment Nov. 6. When members of the Crimes Against the Vulnerable and Elderly went to arrest her the next day she was gone, Assistant District Attorney Amanda Pennington said during Joyner’s bond hearing Thursday.
Joyner was arrested Nov. 9 in eastern Ohio.
She had been hired to take care of the 61-year-old stroke victim. The day she died, Joyner used the woman’s debit card to make withdrawals and pay her own bills, Pennington said. She told investigators that the woman owed her $500 which she attempted to withdraw from the bank, but her own log showed the woman had been giving Joyner advances, Pennington said.
The investigation also revealed Joyner pawned several items that belonged to the victim, and had possession of the woman’s safes, Pennington said. A search of Joyner’s phone revealed texts between Joyner and her husband about breaking into safes, searching the woman’s home, and stealing the victim’s prescription pain medication, Pennington said.
Defense attorney Thomas McCants asked Judge Michael N. Annis to set a reasonable bond for Joyner who had no prior criminal record. McCants provided a letter from her husband’s employer showing he was working a job in West Virginia, just over the state line with Ohio. Joyner and their children were staying with him there since the start of November, McCants said.
Joyner’s attorney pointed out that an Augusta man indicted the same day as her who was charged with trafficking an elderly or disabled adult was granted a $140,000 bond. Joyner’s continued incarceration would cause her family financial hardship because her husband is in danger of losing his union job, McCants said.
Annis denied bond, saying he believed Joyner posed a significant danger of fleeing.
Full Article & Source:
Augusta woman accused of elderly exploitation denied bond
Serena A. Joyner, 41, was initially only charged with a misdemeanor offense following the death of a 61-year-old stroke victim Sept. 7. The Richmond County grand jury returned an indictment Nov. 6. When members of the Crimes Against the Vulnerable and Elderly went to arrest her the next day she was gone, Assistant District Attorney Amanda Pennington said during Joyner’s bond hearing Thursday.
Joyner was arrested Nov. 9 in eastern Ohio.
She had been hired to take care of the 61-year-old stroke victim. The day she died, Joyner used the woman’s debit card to make withdrawals and pay her own bills, Pennington said. She told investigators that the woman owed her $500 which she attempted to withdraw from the bank, but her own log showed the woman had been giving Joyner advances, Pennington said.
The investigation also revealed Joyner pawned several items that belonged to the victim, and had possession of the woman’s safes, Pennington said. A search of Joyner’s phone revealed texts between Joyner and her husband about breaking into safes, searching the woman’s home, and stealing the victim’s prescription pain medication, Pennington said.
Defense attorney Thomas McCants asked Judge Michael N. Annis to set a reasonable bond for Joyner who had no prior criminal record. McCants provided a letter from her husband’s employer showing he was working a job in West Virginia, just over the state line with Ohio. Joyner and their children were staying with him there since the start of November, McCants said.
Joyner’s attorney pointed out that an Augusta man indicted the same day as her who was charged with trafficking an elderly or disabled adult was granted a $140,000 bond. Joyner’s continued incarceration would cause her family financial hardship because her husband is in danger of losing his union job, McCants said.
Annis denied bond, saying he believed Joyner posed a significant danger of fleeing.
Full Article & Source:
Augusta woman accused of elderly exploitation denied bond
Nursing Home Barred from Seeking Outstanding Bill Payment from Surviving Spouse
A creditor
must seek payment of unpaid bills from a deceased spouse’s estate
before attempting to collect payment from the surviving spouse, the
Ohio Supreme Court ruled today.
The Supreme Court ruled 5-2 that a southwest Ohio nursing home was required to file a claim with the estate of Robert Bell before it could pursue payment for his care from his widow, under Ohio’s “necessaries statute.”
Writing for the Court majority, Justice Judith L. French explained the necessaries statute, R.C. 3103.03, directs a spouse to care for the other if the spouse is unable to do so. Because the nursing home did not attempt to find out if Robert Bell, through his estate, was able to pay the bill, it could not pursue Cora Sue Bell for payment.
Chief Justice Maureen O’Connor and Justices Terrence O’Donnell, Sharon L. Kennedy, and Mary DeGenaro joined Justice French’s opinion.
In a dissenting opinion, Justice Patrick DeWine wrote that the plain language of the necessaries statute does not require that a creditor first pursue payment from the spouse’s estate.
Justice Patrick F. Fischer also dissented without a written opinion.
Spouse Dies, Bill Arrives
In January 2014, Robert Bell entered into an admission agreement with Embassy Healthcare (doing business as Carlisle Manor Healthcare) that stated he was “responsible for all amounts due and owing the facility” for his stay at Carlisle Manor in Warren County. Cora Bell signed as the “responsible party.” However, nothing in the agreement made her “in any way personally liable for payment for services rendered” by the nursing home, the agreement stated
Robert Bell died in 2014. On Nov. 25, 2014, six months and three days after his death, Embassy sent a notice that it was seeking $1,678 from his estate. Included in the notice to Cora Bell was that she was not personally liable for the account. As of Nov. 22, no estate had been opened for Robert Bell, and Embassy did not seek to have an estate administrator appointed within six months of his death for the purpose of presenting a claim for unpaid services.
In June 2015, Embassy filed a complaint in Franklin Municipal Court in Warren County against Cora Bell seeking payment for her husband’s unpaid expenses, invoking the necessaries statute.
Bell asked the court for summary judgment, arguing that Embassy could not prove her husband was unable to pay the bill and that the nursing home failed to file a claim within the six-month statute of limitations in Ohio’s estate claims law, R.C. 2117.06. The magistrate hearing the case ruled in Bell’s favor, finding that Embassy failed to offer any evidence that Robert Bell or his estate could not pay for the services.
A Warren County Common Pleas Court judge also sided with Bell, but for different reasons than the magistrate. The trial court found Embassy failed to present the claim to Robert Bell’s estate within the six-month deadline.
Embassy appealed the decision to the Twelfth District Court of Appeals. A divided Twelfth District reversed the decision, finding that a claim can be pursued against a spouse independently from making a claim against the estate. Bell appealed the decision to the Supreme Court, which agreed to hear the case.
Court Examines Statutes
Justice French explained the Court had to examine the interplay between the estate claim and the necessaries statute. The opinion noted the necessaries law developed over time and has its origins in the common law necessaries doctrine. That doctrine required a husband to be liable for any necessaries, such as food, clothing, shelter, or medical services that was provided to his wife. It stemmed from the need to provide essential items and services to neglected wives.
The latest version of Ohio’s statute extended the responsibility to both spouses and requires “each married person” to support themselves, and if a married person is unable to do so, the spouse must assist in the support “as far as the spouse is able,” the opinion noted.
The majority opinion stated that Robert Bell retained primary responsibility for his unpaid bill and that Embassy must seek to collect payment from his income and assets. R.C. 3103.03(A) states that a married person is responsible for supporting oneself and only “if” the spouse is unable, must the other spouse assist in support.
“The nondebtor spouse becomes liable only if the debtor spouse does not have the assets to pay for his or her necessaries,” the opinion stated. “A creditor must therefore first seek satisfaction of its claim from the assets of the spouse who incurred the debt.”
The Court majority noted the agreement with Embassy and Bell’s husband stated he was responsible for the debt and as the responsible party she was not personally liable. The Court concluded that Embassy was required to first seek payment from the estate before pursuing Bell.
Wife Can Be Pursued if No Estate Assets
Embassy could prevail under the necessaries statute if it can show that Bell’s husband’s estate was not able to pay the bill, the opinion stated. The Court disagreed with Embassy’s argument that it could independently seek payment from both the estate and the spouse to cover the outstanding bill.
The opinion stated that the estate law requires all creditors, including claims arising out of contract, must be presented under the terms in R.C. 2117.06. The Court found Embassy’s claims arose from its contract with Robert Bell and his obligations became the obligations of his estate when he died.
The Court noted Embassy wrote to Bell informing her that it would seek payment from the estate. However, Embassy never sought to open an estate. The opinion indicated that if no estate has been opened, the creditor is required to seek the appointment of an estate administrator so that a claim can be filed within the six-month deadline. Embassy did not do that, the opinion stated.
“Because Embassy sat on its rights, its claims arising from Robert’s obligations under the admission agreement is forever barred ‘as to all parties’ including Cora,” the Court concluded.
The Court reversed the Twelfth District’s decision and affirmed the trial court decision in favor of Cora Bell.
Dissent Says Necessaries Can Be Pursued
In his dissent, Justice DeWine maintained the majority created a “broad new rule” subjecting those seeking payment for necessaries to estate-law requirements. He wrote the necessaries statute contains no such requirements.
Justice DeWine explained that under the necessaries statute, Embassy had to prove Robert Bell was unable to pay and that one way to show this would be by making a claim against his estate and finding there were insufficient funds to pay the bill. But, he wrote, the inability to pay could be shown in other ways. For example, the creditor might be able to compile records that establish the person died without assets and there would be no payment by filing a claim against the estate.
The dissent noted it would be a “vain act” for a service provider to wait for an estate to be opened to a file a claim when the provider knows the person has no assets and also knows the surviving spouse is capable of paying. The dissent cautioned that the majority ruling would subject other creditor actions to the requirements of R.C. 2117.06, not only those that arise under the necessaries statute. The dissent would affirm the Twelfth District’s opinion.
2017-1031. Embassy Healthcare v. Bell, Slip Opinion No. 2018-Ohio-4912.
View oral argument video of this case.
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.
Full Article & Source:
Nursing Home Barred from Seeking Outstanding Bill Payment from Surviving Spouse
The Supreme Court ruled 5-2 that a southwest Ohio nursing home was required to file a claim with the estate of Robert Bell before it could pursue payment for his care from his widow, under Ohio’s “necessaries statute.”
Writing for the Court majority, Justice Judith L. French explained the necessaries statute, R.C. 3103.03, directs a spouse to care for the other if the spouse is unable to do so. Because the nursing home did not attempt to find out if Robert Bell, through his estate, was able to pay the bill, it could not pursue Cora Sue Bell for payment.
Chief Justice Maureen O’Connor and Justices Terrence O’Donnell, Sharon L. Kennedy, and Mary DeGenaro joined Justice French’s opinion.
In a dissenting opinion, Justice Patrick DeWine wrote that the plain language of the necessaries statute does not require that a creditor first pursue payment from the spouse’s estate.
Justice Patrick F. Fischer also dissented without a written opinion.
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| Click to View |
In January 2014, Robert Bell entered into an admission agreement with Embassy Healthcare (doing business as Carlisle Manor Healthcare) that stated he was “responsible for all amounts due and owing the facility” for his stay at Carlisle Manor in Warren County. Cora Bell signed as the “responsible party.” However, nothing in the agreement made her “in any way personally liable for payment for services rendered” by the nursing home, the agreement stated
Robert Bell died in 2014. On Nov. 25, 2014, six months and three days after his death, Embassy sent a notice that it was seeking $1,678 from his estate. Included in the notice to Cora Bell was that she was not personally liable for the account. As of Nov. 22, no estate had been opened for Robert Bell, and Embassy did not seek to have an estate administrator appointed within six months of his death for the purpose of presenting a claim for unpaid services.
In June 2015, Embassy filed a complaint in Franklin Municipal Court in Warren County against Cora Bell seeking payment for her husband’s unpaid expenses, invoking the necessaries statute.
Bell asked the court for summary judgment, arguing that Embassy could not prove her husband was unable to pay the bill and that the nursing home failed to file a claim within the six-month statute of limitations in Ohio’s estate claims law, R.C. 2117.06. The magistrate hearing the case ruled in Bell’s favor, finding that Embassy failed to offer any evidence that Robert Bell or his estate could not pay for the services.
A Warren County Common Pleas Court judge also sided with Bell, but for different reasons than the magistrate. The trial court found Embassy failed to present the claim to Robert Bell’s estate within the six-month deadline.
Embassy appealed the decision to the Twelfth District Court of Appeals. A divided Twelfth District reversed the decision, finding that a claim can be pursued against a spouse independently from making a claim against the estate. Bell appealed the decision to the Supreme Court, which agreed to hear the case.
Court Examines Statutes
Justice French explained the Court had to examine the interplay between the estate claim and the necessaries statute. The opinion noted the necessaries law developed over time and has its origins in the common law necessaries doctrine. That doctrine required a husband to be liable for any necessaries, such as food, clothing, shelter, or medical services that was provided to his wife. It stemmed from the need to provide essential items and services to neglected wives.
The latest version of Ohio’s statute extended the responsibility to both spouses and requires “each married person” to support themselves, and if a married person is unable to do so, the spouse must assist in the support “as far as the spouse is able,” the opinion noted.
The majority opinion stated that Robert Bell retained primary responsibility for his unpaid bill and that Embassy must seek to collect payment from his income and assets. R.C. 3103.03(A) states that a married person is responsible for supporting oneself and only “if” the spouse is unable, must the other spouse assist in support.
“The nondebtor spouse becomes liable only if the debtor spouse does not have the assets to pay for his or her necessaries,” the opinion stated. “A creditor must therefore first seek satisfaction of its claim from the assets of the spouse who incurred the debt.”
The Court majority noted the agreement with Embassy and Bell’s husband stated he was responsible for the debt and as the responsible party she was not personally liable. The Court concluded that Embassy was required to first seek payment from the estate before pursuing Bell.
Wife Can Be Pursued if No Estate Assets
Embassy could prevail under the necessaries statute if it can show that Bell’s husband’s estate was not able to pay the bill, the opinion stated. The Court disagreed with Embassy’s argument that it could independently seek payment from both the estate and the spouse to cover the outstanding bill.
The opinion stated that the estate law requires all creditors, including claims arising out of contract, must be presented under the terms in R.C. 2117.06. The Court found Embassy’s claims arose from its contract with Robert Bell and his obligations became the obligations of his estate when he died.
The Court noted Embassy wrote to Bell informing her that it would seek payment from the estate. However, Embassy never sought to open an estate. The opinion indicated that if no estate has been opened, the creditor is required to seek the appointment of an estate administrator so that a claim can be filed within the six-month deadline. Embassy did not do that, the opinion stated.
“Because Embassy sat on its rights, its claims arising from Robert’s obligations under the admission agreement is forever barred ‘as to all parties’ including Cora,” the Court concluded.
The Court reversed the Twelfth District’s decision and affirmed the trial court decision in favor of Cora Bell.
Dissent Says Necessaries Can Be Pursued
In his dissent, Justice DeWine maintained the majority created a “broad new rule” subjecting those seeking payment for necessaries to estate-law requirements. He wrote the necessaries statute contains no such requirements.
Justice DeWine explained that under the necessaries statute, Embassy had to prove Robert Bell was unable to pay and that one way to show this would be by making a claim against his estate and finding there were insufficient funds to pay the bill. But, he wrote, the inability to pay could be shown in other ways. For example, the creditor might be able to compile records that establish the person died without assets and there would be no payment by filing a claim against the estate.
The dissent noted it would be a “vain act” for a service provider to wait for an estate to be opened to a file a claim when the provider knows the person has no assets and also knows the surviving spouse is capable of paying. The dissent cautioned that the majority ruling would subject other creditor actions to the requirements of R.C. 2117.06, not only those that arise under the necessaries statute. The dissent would affirm the Twelfth District’s opinion.
2017-1031. Embassy Healthcare v. Bell, Slip Opinion No. 2018-Ohio-4912.
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.
Full Article & Source:
Nursing Home Barred from Seeking Outstanding Bill Payment from Surviving Spouse
Saturday, December 22, 2018
Massachusetts Seeks to Disbar and Silence Attorney Fighting to Expose Corruption in Senior Medical Kidnappings
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| Marvin Siegel and “Daddy’s girl” Lisa Belanger, before guardians took them away from each other. Photo provided by family. |
Commentary by Terri LaPoint
Health Impact News
Attorneys and guardians have plundered the estate of Marvin Siegel, a retired attorney from Boxford, Massachusetts. At the same time they have gone through the courts to isolate him from his children and essentially imprison him in his own home.
His youngest daughter Lisa Belanger followed in his footsteps in becoming an attorney, inspired by her father’s principles of fighting for what is right. She says:
He taught me to not be silent when wrongs are being done to others.She and her sister Devora Kaiser were shocked to see the strong arm of the state in keeping them away from their beloved father when he was captured from his family in 2011.
See their original story:
Massachusetts Senior Citizen and Attorney Medically Kidnapped – Estate Plundered – Represents National Epidemic
Marvin Siegel’s daughters had no idea how deeply the corruption in the guardianship issue runs, but they have had a front row seat to see the conflicts of interests, sweetheart deals, drugging of senior citizens, and raping of their estates that are standard fare in some probate courts, such as the one their family has had the misfortune of being subjected to.
According to the Boston Broadside:
In March of 2015, Marvin’s daughter, Attorney Lisa Siegel Belanger, filed an extensive federal civil action in which she claims that Atty.
Kazarosian is part of a long-embedded insidious enterprise of corrupt lawyers and judges using the Massachusetts Probate & Family Court system to exploit elders—and any person of any age for that matter who happen to be vulnerably labeled as “incapacitated.”
Lisa’s extensive, detailed complaint and accompanying exhibits can be viewed by the public free of charge at http://www.belangerlawoffice.com/free-marvin/federal-civil-action-2015/.In our last update on their story in July 2018, we reported that attorney Marsha Kazarosian retaliated against Lisa Belanger and her efforts to free her father by filing with the Bar Association to have her disbarred.
See:
Massachusetts Attorney Exposing Medical Kidnapping Threatened with Being Disbarred
Marsha Kazarosian is an appointee of Massachusetts Governor Charlie Baker, and she currently sits on the Massachusetts Board of Bar Overseers – the very group that has the power to ultimately decide the fate of Lisa Belanger’s law career.
The latest developments seem to paint a picture of the deck stacked against the attorney who is simply fighting with all she has for the God-given human right to have a relationship with her father, without government interference.
According to a recent order from the Board of Bar Overseers, the Board has ruled that Belanger will not be allowed to “introduce any exhibits at the [upcoming] hearing,” nor will she be able to have witnesses testify on her behalf.
The hearing was supposed to take place December 4-6, but it has been continued to early January.
Meanwhile, Lisa and her sister were notified on Monday, December 10, that their father has been hospitalized. He has pneumonia, but Lisa Belanger is forbidden to see her father by Marsha Kazarosian and the new court-appointed guardian for Marvin Siegel, Brian Bixby, who was recommended by Kazarosian.
The Boston Broadside reports these latest developments, up to Mr. Siegel’s hospitalization:
Gov. Baker’s Appointee, Atty. Marsha Kazarosian, Moves in for the Kill ‘to Protect her $$$ Source’
Full Article & Source:
Massachusetts Seeks to Disbar and Silence Attorney Fighting to Expose Corruption in Senior Medical Kidnappings
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