Tuesday, August 17, 2021

Nichelle Nichols, Star Trek’s Lt. Uhura, faces heartbreaking conservatorship fight

MANHATTAN BEACH, CA - MARCH 05: Actress and Original Star Trek cast member Nichelle Nichols films her final performance for "Renegades: Ominara" at Northrop Grumman on March 5, 2021 in Manhattan Beach, California. (Photo by Albert L. Ortega/Getty Images)Getty Images

By Makeda Easter
 
Tucked away at the end of a secluded cul-de-sac, Nichelle Nichols’ Woodland Hills home was a testament to her boundary-breaking career spanning more than 70 years. Nichols lined walls and shelves with photos of herself as Lt. Uhura on the original “Star Trek” series, memorabilia from her legions of fans and documentation of her contributions to NASA’s recruitment of women and people of color in the 1970s.

The home was Nichols’ pride and joy, say those close to the star. She purchased it in 1982 for $12,000 and meticulously planned its details, from her plush, oversize furniture to the garden where she planted roses to the neighboring property she purchased in 1994 to use as a guesthouse and workspace for projects.

Questions around the fate of Nichols’ home — who lives in it and what happens to it — have been central to an ongoing, years-long legal battle over the finances and care of the beloved TV star, who friends and family say is financially drained and struggling with dementia.

A three-way fight over Nichols’ fate involves her only child, Kyle Johnson, who is also her conservator; her former manager Gilbert Bell; and a concerned friend, Angelique Fawcette.

In 2018, Johnson filed a petition for conservatorship, arguing that his mother’s dementia made her susceptible to exploitation. In 2019, Bell filed a lawsuit against Johnson, alleging attempts to remove him from Nichols’ guest home, where he has lived since 2010, and “aggressive and combative behavior.”

Bell says that while living in close proximity to Nichols, he helped to restore her career and financial well-being. According to Johnson, who filed a countersuit against Bell in 2020, Nichols’ home was the place where her former manager “exerted his undue influence and took control over Ms. Nichols’ assets and personal affairs,” misappropriating the star’s income as her health deteriorated and memory faded.

Fawcette, a producer and actress who met Nichols in 2012, entered the legal fight opposing Johnson’s conservatorship petition. Fawcette pushed for visitation rights to spend time with her friend, and she argued for Nichols to stay in Woodland Hills — a scenario that has looked increasingly improbable.

At 88, Nichols no longer occupies the house. Last year, Johnson moved her to New Mexico, where he and his wife live. Johnson declined The Times’ requests to speak with Nichols directly.

Against the backdrop of the #FreeBritney movement around Britney Spears raising public consciousness about conservatorships, Nichols’ former agent and friend have launched court battles to intervene, they said in interviews. Their fear: Nichols is being denied a chance to live out her remaining years as she wants.

° ° °

Born in Robbins, Ill., Grace Nichols was renamed Nichelle as a teenager moving into the world of professional entertainment. She sang and danced through the Chicago club circuit in the 1940s and 1950s, and after her brief marriage to fellow dancer Foster Johnson and the birth of son Kyle, she moved to L.A. to focus on film and television.

In 1959, Nichols had a small role in the Samuel Goldwyn production of “Porgy and Bess,” which brought her together with some of the most successful Black stars of the day, including Sammy Davis Jr. and Dorothy Dandridge. Nichols met “Star Trek” creator Gene Roddenberry in 1963 after being cast in an episode of his TV series “The Lieutenant,” and in 1966 she made her debut as communications officer Lt. Nyota Uhura in “Star Trek.”

Frustrated with the lack of depth in her role, Nichols considered leaving “Star Trek” during the first season. A chance encounter with Martin Luther King Jr., a Trekker, changed her mind. He told her she was a trailblazer — a Black woman on TV in a nonstereotypical role. Although the original “Star Trek” series was short-lived, running three years until 1969, Nichols became an icon, appearing in the many manifestations of the “Star Trek” franchise, including the animated show and a string of feature films.

In 1970, Nichols attended her first “Star Trek” convention, and at a 1975 event, NASA representative Jesco von Puttkamer sparked her relationship with the space agency. In 1977, NASA hired Nichols to help recruit astronauts for its space shuttle program.

Over four months, she appeared in TV public service announcements and traveled the country to speak at universities and professional science organizations to encourage women and people of color to apply. NASA credited Nichols for helping to attract astronauts including Sally Ride and Frederick Gregory.

But for many years, conventions provided Nichols’ primary connection to the public. In her 1994 autobiography, she writes, “Star Trek” conventions “are unlike any other fan gathering, perhaps because a Trekker is unlike any other fan in the world. One would be hard-pressed to find such a large group of intelligent, sensitive, aware people.”

And fans loved Nichols, says Adam Malin, co-founder of Creation Entertainment, which has staged traveling fan conventions since 1971. Malin considers her “the ultimate ambassador for what we hope the future could be.”

The fan gatherings were a major source of income for Nichols, who commanded top dollar for her signature and photos. She drew lines that would last all day long, says Chase Masterson, a “Star Trek: Deep Space Nine” actor who appeared with Nichols at conventions.

But by the time Bell began working with Nichols — in 2009, according to court documents — the convention appearances had dried up, and Nichols was struggling financially, says Bell, 82.

The two had met earlier that year, hitting it off over lunch at P.F. Chang’s. Bell became Nichols’ manager, helping her book conventions, other appearances, films and TV projects.

After he sold his home in Studio City, Bell says, Nichols encouraged him to move into her guesthouse for free in 2010. (He began paying rent, $300 a month, after two years of living in the guesthouse.) Bell recalls her saying, “We’re only across the driveway from each other, and we’ll be able to develop these projects much faster.”

Under his guidance, Nichols began to recover financially, going from one or two convention bookings a year to at least three a month, Bell says. Nichols could earn $10,000 to $15,000 for attending a small convention and $40,000 to $50,000 participating in major conventions, he says.

While Bell was her manager, her annual income reached several hundred thousand dollars, he claimed, although her son Johnson disputes that number and characterizes Bell’s accounting records as “extremely deficient.”

In January 2013, Nichols collapsed in her living room and was taken to the hospital, where she was diagnosed with pancreatitis — attributed to alcohol, Johnson says. Johnson, 70, says he and other family members noticed an increase in her drinking over the years. Bell attributes Nichols’ struggles with convention bookings at the time to alcohol.

“She denied it,” Johnson says, “and did not want to do any kind of [ Alcoholics Anonymous], Betty Ford [Center] or any such alcohol treatment.”

While Nichols recovered in the hospital, Bell, Johnson and Fawcette crossed paths. Fawcette and her husband, writer-director Steven Fawcette, met Nichols while casting their “Star Trek” parody film “Unbelievable!!!!!” They describe Nichols at the time as gravely ill.

On a low point during her recovery, the couple say, they were the only two people by Nichols’ side.

“She was definitely gasping for breath,” Angelique Fawcette, 51, says. “She was calling out to her people who had passed away.”

After weeks in the hospital, Nichols moved into a nursing and rehabilitation facility. Nichols tried to leave the facility twice on her own, Bell says, so he took her home — against medical advice and without the consent of her family.

On the day Bell helped Nichols leave the rehabilitation facility, she signed an advance health care directive and a general power of attorney naming Bell as primary agent, allowing him to make healthcare decisions and to manage finances for her. Angelique Fawcette was named as a successor.

That night, Fawcette says, Nichols asked her to record a video about what she wanted in her later years. In the interview, titled “Nichelle’s Own Words,” Nichols responds to questions about her career and desire to work.

During an edited, hourlong interview posted over three videos, Nichols — then 80 — appears coherent at times but repeats herself at others. She says relatives, including Johnson, tried to convince her to work less.

“My son thinks that I should be letting up, you know. I say to him, ‘Kyle, when you pay my bills you’ll be able to tell me what to do.’”

Fawcette says Nichols told her that she would know when to release the video. And five years later, in 2018, Fawcette published it to YouTube during the conservatorship proceedings.

After the hospitalization, Nichols continued working, making the convention rounds and appearing in film and on TV, including on “The Young and the Restless” in 2016.

“It was because I got her off alcohol and turned her career around professionally that she was working,” Bell says.

With Bell and Nichols, the line blurred between manager, caregiver and friend, he says. Bell cooked meals every day. After Nichols had a mild stroke in 2015, she required more intense care. Bell arranged for physical therapists, caregivers and assistants.

“It was very, very close, as it often happens between managers and their clients in Los Angeles, because it’s intensely personal work,” says Bell’s attorney, William Bowen.

Fawcette says her bond with Nichols also deepened, as she came to view the star as a family member. She describes Bell as Nichols’ “gatekeeper,” controlling who had access to the performer. “I never really liked the guy. ... I had to deal with him in order to see my friend.”

Fawcette says Nichols’ home fell into a state of disrepair. Before Nichols’ 85th birthday celebration, she found the performer’s closet empty. At one point, she reached out to Nichols’ younger sister, Marian Nichols Smothers, for help.

“It was just getting to be too much, where the family was not intervening in the manner in which they should,” Fawcette says.

Johnson says he came to L.A. intermittently to help Nichols with tasks around the home, but Bell and Fawcette say Johnson was a rare presence in Nichols’ life in the years leading up to the conservatorship.

Then Bell reached out to Steven Fawcette with a surprise: Bell wanted to marry Nichols. Bell says he and Nichols talked about marriage as a business partnership, a way to ensure that she was protected financially.

The Fawcettes called Smothers and Johnson in a state of panic. That was around early 2018.

In May 2018, Johnson petitioned for conservatorship, known in other states as a legal guardianship, nominating a team of licensed professional fiduciaries to temporarily control Nichols’ person — including healthcare, food, clothing and housing — as well as her estate, the financial assets. In the petition, Johnson claimed Nichols has “severe short-term memory loss impacting her executive functioning. ... Certain individuals have unduly exerted themselves into Ms. Nichols’ life to her detriment.”

Johnson says the trigger for filing a conservatorship petition was learning that Bell in 2017 had transferred Nichols’ home into his name as power of attorney. The petition kicked off three years of legal proceedings — with objections and battles over the cost of legal representation.

In 2019 court documents, Johnson indicated that for one 144-day period, Nichols’ temporary conservator had requested nearly $115,000 to cover fiduciary and attorney fees. Fighting over conservatorship can be so costly it often hurts the conservatee, says Kurt Eggert, director of the Elder Law Center at Chapman University’s Dale E. Fowler School of Law. “It’s a tragedy if fighting over who gets to control the estate chews up too much of that estate; the conservatee is powerless to stop that.”

After filing the petition, the probate court suspended Bell’s power of attorney, and Nichols’ home was transferred back into her name. Johnson moved to L.A. to serve as Nichols’ sole caregiver and mapped out appearances at conventions, “which allowed us to pull her back from the brink, financially,” he says. “She was completely underwater at her own bank.”

In August 2018, Fawcette went to court to object to Johnson’s petition for conservatorship, arguing that Nichols was able to manage her personal and financial affairs with limited help from a caregiver or assistant. Fawcette accused Johnson of primarily wanting access to Nichols’ income and personal property. In a court response he filed to Fawcette’s petition to enforce visitation rights, Johnson accused the producer of wanting to profit from Nichols’ fame.

In January 2019, Johnson was appointed conservator of Nichols’ person and estate, but the battle continued.

In a video Bell recorded in April of that year, Nichols reads conservatorship documents in her guesthouse. “I didn’t give permission to have conservatorship over me,” she says to Bell. When Johnson enters and leads her back to her main house, she shrieks, “You get your hands off of me.”

The video, first reported by a CBS station in Atlanta, cast doubt not only on Johnson but also on Bell, criticized for releasing upsetting footage of a dementia patient who might not have had the capacity to approve of its public release.

People with dementia often “object to somebody else making decisions for them. Even if it’s necessary, even if they are no longer able to make their own decisions,” Eggert says. “You can imagine how frustrating it is to feel like your decision-making power is being taken away from you.”

A 2020 deposition of the former court-appointed temporary conservator of the estate, licensed professional fiduciary BJ Hawkins, shed additional light on the substantial financial difficulties Nichols faced. In an analysis, Hawkins cited money that couldn’t be accounted for, poorly written contracts and a significant amount of debt.

“It was clear that other people had handled her financial affairs and that there was no evidence that they handled them in a way that was to her best benefit,” Hawkins told The Times, echoing her court testimony.

In the deposition, Hawkins also said that in her experience with Johnson, he was prone to explosive outbursts of anger and that she had “areas of deep and grave concern that he would not be able to act in the best interest of the conservatee, despite the fact that it was his mother and despite the fact that it is my general position that a member of the family is in the best position to act in the role of conservatorship of the person.”

° ° °

What is Nichols’ condition these days? How exactly does the “Star Trek” legend want to live out her final years? And if her wish was to be cared for at home in Woodland Hills, as friends suggest, would that even be an option, given her financial problems and the high cost of in-home care?

The answers remain unclear. After initially talking with The Times, Johnson largely declined to respond to subsequent requests for comment.

For many people struggling with dementia — financially, logistically, emotionally — moving in with family or even into a care facility sometimes is the best choice, especially as needs increase. But while Johnson says the isolation in New Mexico protects Nichols from exploitation, others say she’s being deprived of the love and support of friends. Sci-fi magazine founder Kerry O’Quinn, who has been close with Nichols since they met 40 years ago at a “Star Trek” convention, hasn’t seen his friend in more than two years.

Fawcette, who last saw Nichols in mid-2019, is working with an attorney to win the right to visit in New Mexico.

Meanwhile the progression of Nichols’ dementia is unclear. Smothers says her sister has had considerable memory loss.

“I feel like I’ve already lost my sister in so many ways,” Smothers says. “She’s not the person she used to be, the vibrant, in-charge, take care of everything person.”

“Star Trek: Deep Space Nine” actor Nana Visitor, who last saw Nichols two years ago at a Las Vegas convention, says Nichols appeared frightened and confused at times. Even though they had appeared at conventions together for more than 20 years, Nichols didn’t recognize Visitor. “I would say something, and then she would ask immediately,” Visitor says. “It was as if I had not said it.”

What some are calling a farewell tour, organized by Johnson and agent Sky Conway, is moving forward despite Nichols’ condition. In March, Nichols visited L.A. to shoot a scene for the pilot “Renegades: Ominara,” billed on Kickstarter as her final performance. While shooting, Nichols needed a teleprompter to recite her lines.

“She likes attention, so when she was on set, she was fine,” producer Frank Zanca says.

Nichols was scheduled to sign autographs at a Creation Entertainment “Star Trek” convention running this weekend, along with fellow headliners William Shatner, George Takei and Walter Koenig, but she canceled her appearance for unknown reasons. The Times reached out to the original “Star Trek” actors for comment, but none responded.

Nichols was scheduled for a visit in September to the Ohio headquarters of the International Federation of Trekkers, a “Star Trek” fan club created in 1984. The live event, recently canceled because of the nationwide surge in COVID-19, was described as Nichols’ “last public appearance east of Los Angeles before she enters retirement.”

One year ago Smothers launched a GoFundMe campaign to support Johnson on behalf of Nichols’ family — including her sister Diane Robinson and older brother Samuel Nichols. The campaign has raised about $146,000.

Bell continued to live in Nichols’ neighboring property and last saw her about two years ago. In his lawsuit, Johnson alleges that in 2015, Bell “induced” Nichols to procure a reverse mortgage on the property for more than $400,000. Bell says that he had nothing to do with the reverse mortgage and that Nichols pursued it independently.

He denies the allegations that he mishandled Nichols’ income. And he says he misses her “tremendously.”

Fawcette is upset that Nichols is not in her own house.

“She’s not getting the life that she wished for,” Fawcette says. “She’s getting the life that other people have chosen for her.”

The quest to bring Nichols home to Woodland Hills appears to be futile, however. Property records show that her house and guesthouse were sold last week for nearly $2.2 million to Baron Construction & Remodeling Co. On Friday, Bell confirmed that he moved out two weeks prior; in a brief email Saturday, Johnson says proceeds from the sale were placed in his mother’s conservatorship account to ensure her continued care.

Johnson says Nichols is living in a rental house in an undisclosed New Mexico location, where he serves as the primary caregiver.

“There’s still some sensitive issues,” Johnson says, explaining why he is declining The Times’ request to speak with Nichols. He’s just trying to protect his mother’s privacy, he says.

“We have moved here, and we’re going to remain here,” Johnson says from New Mexico. Nichols still has “financial issues that need to be settled.”

In the meantime, he says, Nichols’ home in New Mexico is “a nice place. Smaller, a little more modest than being in Los Angeles, but meeting our needs.”

This story originally appeared in Los Angeles Times.

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Guardian abuse is nothing new for vulnerable people of color. How Britney Spears' case amplifies the fight for their rights

by Dana Givens

Image Source/Getty Images

The #FreeBritneySpears movement fueled a new momentum in reforming the country's laws around guardianship and conservatorship. 

After a lengthy court battle that ignited a media firestorm, Jamie Spears confirmed this week that he would step down as conservator over his daughter and pop star, Britney Spears, following revealing testimony of her struggles that sparked outrage.

"[Her] case has indicated how extraordinary the control that a guardian can exercise over a person and also how problematic that can be," Prianka Nair, assistant professor of clinical law at the Brooklyn Law School, told Insider.

The co-director of the disability and civil rights clinic added that Americans are "only just waking up to how coercive it is - that somebody can exert control over your health care decisions, over your financial decisions." 

"That has implications for your quality of life," she added.

While the singer's plight brought attention to the downfalls of conservatorships and guardianships, the reality becomes grimmer for marginalized groups like communities of color - particularly people with disabilities and the elderly. 

Factoring cultural dynamics around how families should care for their loved ones, including race, immigration status, language barriers, and other attitudes or taboos - the conversation around legal or family guardianship can become more complicated. 

"If you apply an intersectional lens to this, stripping someone of legal capacity is in the state subordination playbook," Jasmine E. Harris, a law professor at the UC Davis School of Law, told PBS Newshour

"We've seen this happen with other marginalized communities, but in particular women."

Legal guardianships can be easily attained and impossible to fight

 
Adult guardianships occur when a person suffers from a mental disability, cognitive condition, or age-related decline in everyday activities that can impair their ability to make important life decisions. 

There are currently more than a million adults in court-appointed guardianships around the country, and at least 85% of those cases are adults over the age of 65, according to AARP

In most cases, the court appoints a family member to oversee the important decisions, from their finances to their medical needs. People with disabilities, including those who suffer from mental and cognitive conditions, often face additional racial barriers that leave them vulnerable to exploitation. 

Jamie Spears had been accused of exploiting and controlling his daughter for financial gain, even denying her the right to have more children by barring the singer from removing an IUD. 

Meanwhile, Britney Spears argued there was no longer a need for a conservator years after a mental health crisis that become the fodder for public ridicule. Her fight mirrored many who are also fighting to gain back control over their lives.

Unlike the former pop star, however, whose celebrity amplified issues of conservator and guardian abuse, many victims and their loved ones can't afford proper counsel needed to battle cases. For women of color with disabilities, the restriction of reproductive rights dates back to the racist history of eugenics in the country's healthcare system.

Sam Crane, legal director of the Autistic Self Advocacy Network, told USA Today that when it comes to women of color, "there is a very long history in the United States of forced sterilization of people – especially women of color – with disabilities or perceived disabilities."

For both and vulnerable elders, the system is also filled with racial bias that can leave the most vulnerable taken exploited or destitute. Preventing these legal woes can come at the expense of stripping these populations of any agency over their lives or finances.

It is a scam. Someone can enter a guardianship because a stranger filed or a lawyer might recommend that a family file. Marian Kornicki

According to the National Health Law Program, 1 in 4 Black people is impacted by a disability - the second-highest for any ethnic group after American Indians. 

With only 9% of African Americans with disabilities receiving a bachelor's degree or higher, and nearly 40% living below the poverty line, those socioeconomic conditions can expose them to exploitation by the court system, or their own families.

Nair told Insider "once a guardianship is imposed, people from these communities face significant barriers to accessing services that facilitate the tailoring or removal." 

"People with disabilities can find it very difficult to establish a circle of support, and that's an important factor that courts think about while imposing or removing a guardianship," she said, adding that a lack of financial resources or "access to affordable legal representation," makes it harder to find alternatives.

Due to systemic racial barriers and bias within the medical field, elderly African Americans can be left powerless to manipulative tactics that make them easy targets as well. 

A report by the National Center of Elderly Abuse found that African Americans were more likely to experience psychological mistreatment and financial exploitation than their non-Black counterparts. 

The fear can be even more severe with instances of abuse at assisted-living facilities or by at-home attendants, placing a heavy burden on Black caregivers who may be providing for other family members already. 

While nearly 70% of Black male caregivers reported that they had employment outside of caring for their loved ones, at least half of those respondents stated that their caregiving duties impacted their jobs, according to a survey by advocacy group Next Avenue

Many were forced to give up their careers completely to care for their loved ones full-time. It can be one of the reasons why families consider entering a legal guardianship.

But some elder advocates told Insider it may be best to avoid them entirely as more victims come forward with their own stories of guardian abuse. 

Advocates caution loved ones to avoid guardianships altogether

Marian Kornicki, an advocate for elderly Americans and critic against guardianship proceedings, cautioned caregivers against seeking the option through the court, arguing they are designed to take advantage of vulnerable populations who are often unable to defend themselves. 

"People are lured into believing that they need to, but there's absolutely no reason," she told Insider.

Kornicki noted media coverage surrounding Spears' unique case shows that the system as a whole is flawed. If it can't guarantee protection for public figures with an abundance of financial resources like Spears, she said the marginalized are rendered even more silenced. 

African Americans were more likely to experience psychological mistreatment and financial exploitation than their non-Black counterparts. 
National Center of Elderly Abuse 

"It is a scam," she argued. "Someone can enter a guardianship because a stranger filed or a lawyer might recommend that a family file. Then they're not appointed, so now the court appoints a third party." 

She added that limited data around the prevalence of conservator and guardian abuse makes it even harder for advocates to paint a picture of how widespread the problem.

Jamie Spears has now agreed to work with his daughter's legal teams to facilitate a transition plan for a new conservator over her estate. The popstar, however, is still challenging the conservatorship overall.

While Britney Spears may soon attain the independence she seeks, there are many Americans who remain silenced victims, fighting against a system stripping their autonomy.

Changing laws can only do so much, but advocates say true progress in the fight against conservator abuse can come from Spears' case creating a platform for victims, especially those of color, to speak up and be supported.

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Monday, August 16, 2021

Toxic: The Britney Spears Story Stitcher


Hosts Tess Barker and Babs Gray lay out everything you need to know about Britney Spears, her controversial conservatorship, and the movement of fans trying to end it. They talk to exclusive sources, examine new sides of the story, and uncover disturbing truths about our legal system that go way beyond Britney.
 
 
Source:

Cleveland family says grandson of elderly woman suffering from dementia invaded and destroyed her home

By: Jessi Schultz

CLEVELAND — It’s tough for Crystal Debose Walker to look at the current state of her grandmother’s Cleveland home on East 103rd street.

“She has nothing. She’s literally homeless at this point,” she said. “It’s angering and it’s upsetting.”

Her grandmother, 87-year-old Rosie Williams, suffers from dementia.

“It’s pretty severe in the stages that she is in, so she’s not able to make a lot of decisions about her care or her lifestyle as living,” said Walker.

Walker said her grandmother never wavered on one decision: she wanted to live out the rest of her years at her own home. Williams’ family has devoted time and money into making her home livable, they’ve put in cameras, a Ring doorbell system, new flooring, and other updates to the home.

But just a few weeks ago, Walker’s cousin and Williams’ grandson moved into the home.

“The very first day he came in he began to destroy the property,” said Walker. “There’s no steps, there’s no doors, I mean he tore up the windows, he busted out the windows, he ripped up the floors, he took up her furniture and threw it in the yard off of the streets, he sold her stuff.”

She said her 50-year-old cousin is mentally ill.

“He’s never physically hurt her, but what he did do was he would lock her out of the house, he would hide her medication, he made her pee in buckets, he turned the water off,” she said.

Walker said her mother has power of attorney over Williams and they called the Cleveland Police Department 15 times in the few weeks her cousin moved in.

“My grandmother’s short-term memory is the one that’s the worst affected, so she remembers that this is a family member, she knows that this is her grandchild,” said Walker. “Police would still come out here and say ‘she sounds and looks fine to me, I think whatever she is saying is fine,’ at the same time dismissing the fact that she has dementia.”

Walker said police told her there was not much they could do, as her cousin showed mail addressed to him to prove he lived at the residence.

“We were calling the police. We were calling adult protective services. We were doing everything we were supposed to do legally to stop this, but nobody helped.”

She said it wasn’t until he began damaging the outside of the house, that police finally arrested her cousin for vandalism, but the house is now unlivable.

Community activist Delores Gray thinks the system failed Williams.

“Things are in place, but they’re not effective,” said Gray. “To me, they really weren’t listening to the family when the family was saying that he invaded her home.”

Gray contacted Cuyahoga County Councilwoman Yvonne Conwell who visited the home to inspect the problems. She said Cuyahoga County’s Adult Protective Services and Cleveland Police Department did everything to protocol, but it still didn’t save Williams’ home, and now she wants to look into how it can be prevented before a similar situation happens to someone else.

“Where are the cracks in the system? How do we close them? How do we move forward?” she said.

Walker said her grandmother is living with another family member at this time, but it is not helping her illness.

“I really want him to get the help, but unfortunately, he’s falling through the cracks and him falling through the cracks has left my grandmother homeless,” said Walker.

While her cousin remains in jail on the vandalism charge, Williams’ family has filed a temporary restraining order against him and an eviction notice. Cuyahoga County’s Division of Adult Protective Services is investigating the case.

If you suspect anyone 60 years or older is a victim of abuse, neglect, self-neglect or exploitation call Cuyahoga County's hotline: 216-420-6700. 
 

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Elko woman jailed on suspicion of elderly exploitation

ELKO – An Elko woman was arrested Monday for allegedly exploiting an elderly man last year.

Judith C. Thomas, 78, was booked in Elko County Jail on one count of exploiting an older or vulnerable person for $5,000 or greater.

The case stemmed from an investigation by the Adult Protective Services branch of the Nevada Department of Health and Human Services Aging and Disability Service Division.

In December, a social worker with the APS notified the Elko Police Department after looking into an allegation of exploitation involving a grant, bargain and sale deed signed by Thomas and a male relative, making them joint tenants with right of survivorship for residential property owned by the man.

According to court documents, the social worker reported she interviewed the man, who said he remembered signing the documents but was unable to read them due to poor vision.

He also told the social worker Thomas said it was paperwork to sell his property and distribute the proceeds among his children and Thomas.

The police investigation revealed the deed had been filed in July 2020. Police forwarded a report to the Elko County District Attorney’s office and charges were filed in Elko Justice Court on Aug. 3.

Bail for Thomas was set at $50,000.

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Sunday, August 15, 2021

The disturbing history of how conservatorships were used to exploit, swindle Native Americans

The Osage Nation were once among the wealthiest people in the world. FPG/Hulton Archive/Getty Images

by Andrea Seielstad

Pop singer Britney Spears’ quest to end the conservatorship that handed control over her finances and health care to her father demonstrates the double-edged sword of putting people under the legal care and control of another person.

A judge may at times deem it necessary to appoint a guardian or conservator to protect a vulnerable person from abuse and trickery by others, or to protect them from poor decision-making regarding their own health and safety. But when put into the hands of self-serving or otherwise unscrupulous conservators, however, it can lead to exploitation and abuse.

Celebrities like Spears may be particularly susceptible to exploitation due to their capacity for generating wealth, but they are far from the only people at risk. As a lawyer with decades of experience representing poor and marginalized people and a scholar of tribal and federal Indian law, I can attest to the way systemic inequalities within local legal practices may exacerbate these potentially exploitative situations, especially with respect to women and people of color.

Perhaps nowhere has the impact been so grave than with respect to Native Americans, who were put into a status of guardianship due to a system of federal and local policies developed in the early 1900s purportedly aimed at protecting Native Americans receiving allotted land from the government. Members of the Five Civilized Tribes of Oklahoma – Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations – were particularly impacted by these practices due to the discovery of oil and gas under their lands. 

Swindled by ‘friendly white lawyers’

A conservatorship, or a related designation called a guardianship, takes away decision-making autonomy from a person, called a “ward.” Although the conservator is supposed to act in the interest of the ward, the system can be open to exploitation especially when vast sums of money are involved.

This was the case between 1908 and 1934, when guardianships became a vehicle for the swindling of Native communities out of their lands and royalties.

By that time, federal policy had forced the removal of the Five Civilized Tribes from eastern and southern locations in the United States to what is presently Oklahoma. Subsequent federal policy converted large tracts of tribally held land into individual allotments that could be transferred or sold without federal oversight – a move that fractured communal land. Land deemed to be “surplus to Indian needs” was sold off to white settlers or businesses, and Native allotment holders could likewise sell their plots after a 25-year trust period ended or otherwise have them taken through tax assessments and other administrative actions. Through this process Indian land holdings diminished from “138 million acres in 1887 to 48 million acres by 1934 when allotment ended,” according to the Indian Land Tenure Foundation.

During the 1920s, members of the Osage Nation and of the Five Civilized Tribes were deemed to be among the richest people per capita in the world due to the discovery of oil and gas underneath their lands.

However, this discovery turned them into the victims of predatory schemes that left many penniless or even dead.

Reflecting on this period in the 1973 book “One Hundred Million Acres,” Kirke Kickingbird, a lawyer and member of the Kiowa Tribe, and former Bureau of Indian Affairs special assistant Karen Ducheneaux wrote that members of the Osage Nation “began to disappear mysteriously.” On death, their estates were left “not to their families, but to their friendly white lawyers, who gathered to usher them into the Happy Hunting Ground,” Kickingbird and Ducheneaux added.

Lawyers and conservators stole lands and funds before death as well, by getting themselves appointed as guardians and conservators with full authority to spend their wards’ money or lease and sell their land.

Congress created the initial conditions for this widespread graft and abuse through the Act of May 27, 1908. That Act transferred jurisdiction over land, persons and property of Indian “minors and incompetents” from the Interior Department, to local county probate courts in Oklahoma. Related legislation also enabled the the Interior Department to put land in or out of trust protection based on its assessment of the competency of Native American allottees and their heirs.

Unfettered by federal supervisory authority, local probate courts and attorneys seized the opportunity to use guardianships to steal Native Americans estates and lands. As described in 1924 by Zitkála-Šá, a prominent Native American activist commissioned by the Secretary of Interior to study the issue, “When oil is ‘struck’ on an Indian’s property, it is usually considered prima facie evidence that he is incompetent, and in the appointment of a guardian for him, his wishes in the matter are rarely considered.” 

Activist and writer Zitkála-Šá.
Wikimedia Commons
The county courts generally declared Native Americans incompetent to handle more than a very limited sum of money without any finding of mental incapacity. Zitkála-Šá’s report and Congressional testimony documented numerous examples of abuse. Breaches of trust were documented in which attorneys or others appointed conservators took money or lands from Nation members for their own businesses, personal expenses or investments. Others schemed with friends and business associates to deprive “wards.”

‘Plums to be distributed’

One such woman in Zitkála-Šá’s report was Munnie Bear, a “young, shrewd full-blood Creek woman … [who] ran a farm which she inherited from her aunt, her own allotment being leased.” Munnie saved enough money to buy a Ford truck and livestock for her farm, with savings remaining in a bank account. Once oil was discovered, however, the court appointed a guardian, who appointed a co-guardian and retained a lawyer, each of whom deducted monthly fees that depleted Bear’s funds. During the period of her guardianship, she was unable to spend any money or make any decisions about her farm or livestock, nor did she control her bank investment.

Zitkála-Šá’s report displays the extent of this practice:

“Many of the county courts are influenced by political considerations, and … Indian guardianships are the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls. The principal business of these county courts is handling Indian estates. The judges are elected for a two-year term. That ‘extraordinary services’ in connection with the Indian estates are well paid for; one attorney, by order of the court, received $35,000 from a ward’s estate, and never appeared in court.”

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Wards were often kept below subsistence levels by their conservators while their funds and lands were depleted by the charging of excessive guardian and attorneys’ fees and administrative costs, along with actual abuse through graft, negligence and deception.

Reports like that of Zitkála-Šá’s resulted in Congress enacting the Indian Reorganization Act of 1934. This put the Indian land that had not fallen into non-Indian hands during the federal policy of allotting plots back into tribal ownership and secured it in the trust of the United States. It also ended the potential for theft through guardianship.

But the lands and funds lost as a result of guardianships were not restored nor did descendants of those swindled ever enjoy the benefit of their relatives’ lands and monies either.

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Lawyer who gave 'perfect' secretary a second chance after theft is suspended after misjudging her

By Debra Cassens Weiss

A Pennsylvania lawyer who gave a trusted employee another chance after she stole from his aunt’s estate has been suspended from practice following her continued client thefts.

The Pennsylvania Supreme Court suspended Harrisburg, Pennsylvania, lawyer William Krzton for six months for failing to supervise the employee, who stole additional money from seven estates represented by the lawyer.

The Legal Profession Blog links to the Aug. 6 order and report, while Law360 has coverage.

Krzton had testified that he was surprised to learn of the additional thefts. He said he put a lot of trust in the employee, Joy Hale, and he thought that she was the “perfect” secretary.

According to a report and findings of fact by the disciplinary board of the Pennsylvania Supreme Court, Krzton hired Hale in 2008 to handle estate accounting and perform other duties.

Krzton learned in 2013 that Hale had stolen $3,300 from his aunt’s estate by writing a check and forging his signature. Since $3,300 was the amount of his fee, he figured that he was the only one who lost money. He admonished Hale, required her to repay the estate through a reduction in pay, and gave her a second chance.

Hale continued to steal money from estates. In May 2016, an estate executrix who hired Krzton to represent her informed the lawyer that Hale was misrepresenting account balances.

Krzton told the executrix that she must be mistaken. The executrix persevered, meeting with the bank and taking her allegations to a detective with the Allegheny County district attorney’s office. Krzton learned about the investigation July 1, 2016.

The amount stolen from that estate was more than $96,000. Between July 1 and Sept. 4, 2016, Krzton learned that Hale had stolen from six other estates, as well, for a total of about $191,000.

Despite Krzton’s knowledge of the investigation July 1, 2016, he continued to employ Hale for two more months. He testified that he kept Hale on because he was “not literate” on her computer, and he had to handle several pressing client matters. Hale did not have access to estate files and checkbooks during that time, he said.

Hale pleaded guilty to criminal charges of theft and forgery, according to the findings of fact. She was sentenced to nine months to 18 months in prison and ordered to pay restitution of more than $202,000. She eventually made payments toward restitution of $12.50 per month. Krzton settled a suit filed by the executrix for $92,500.

Krzton’s friends testified that he is a trusting person with a good reputation for integrity, honesty, professionalism and courtesy.

The Pennsylvania disciplinary board said Krzton violated ethics rules requiring lawyers to act with reasonable diligence, to keep clients reasonably informed, to keep accurate accounting records, and to supervise nonlawyers to ensure that their conduct is compatible with a lawyer’s professional obligations.

“Inexplicably, despite his knowledge of Ms. Hale’s dishonest conduct, [Krzton] made no efforts to enhance supervision of her activities to ensure compliance with record-keeping responsibilities and prevent further thefts,” the Pennsylvania disciplinary board said. Krzton’s “dereliction of his ethical duties had very serious consequences, as Ms. Hale’s unfettered access allowed her to steal $191,026.99 from seven other estates.”

The board also found that Krzton was dilatory in handling another matter, causing a 13-year delay in resolving the estate.

Krzton was admitted to law practice in Pennsylvania in 1976. The board considered his lengthy career with no prior discipline to be a mitigating factor. He also had a good reputation and cooperated in the investigation. And he has made some reimbursement to the estates, either directly or through his insurance carrier, the board said.

Krzton told the ABA Journal that he has retired from law practice and works as a consultant to his wife’s company. He enjoyed law practice for 45 years, and he was “absolutely” sorry to see it end on this note. It was “a very sad and difficult situation,” he says.

Hale was stealing “in a very nefarious way,” using a color printer at her home to print fudged bank statements that looked like the real thing, he says.

Krzton worked as a sole practitioner in a general practice firm founded by his father in the 1950s. He did a lot of criminal and family law work that required him to be in court, and he needed someone to trust in the office.

“You can’t just close the door” when you are in court, he says.

Even his former clients were surprised to learn about Krzton’s wrongdoing, he says.

He thinks the disciplinary board was most upset with the fact that he kept Hale as an employee for two months after learning that she was under investigation. He says he “didn’t let her near” estate work during that time. But he wanted to keep her on, so she could clear everything off her desk for clients.

Hale had all the institutional knowledge and knew where everything was on the computer, he says.

Krzton says he or his insurance company has settled with every estate, except for one case that is outstanding.

“It’s a cautionary tale, I’m sure,” he says.

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'Lives will be saved': New protections for Minnesota seniors in assisted living go into effect

Nearly 55,000 seniors in assisted living gain sweeping protections. 
 
By Chris Serres
 
David Joles - Star Tribune

Residents at the Jones-Harrison Senior Living complex participated in Chaplain Chat, a three-times-a month gathering with Chaplain Monica Powers where Powers leads group members on discussions about religious as well as other topics. Here, Jones-Harrison Senior Living complex residents Colleen Jackson, right to left, and Anne Klein, were eager to get started in July.

Tracy Lussier and Shelly Gelhar had a modest wish list when they moved their 68-year-old mother, who suffered from a degenerative brain disease, into an assisted-living home in Apple Valley. They expected staff to keep her clean, comfortable and safe, so loved ones could focus on her emotional well-being.

Yet within weeks, the sisters noticed alarming signs of neglect. On regular visits, they found their mother was left unbathed and lying in soiled sheets for days at a time. When she fell from her bedroom chair, the sisters had to plead with facility staff to call for medical help. The next day, X-rays showed she had fractured her hip — an injury that would leave her bedridden and in agony for the last few months of her life.

"From day one, it was apparent they didn't care about our mother," said Gelhar, of Rosemount. "She was just another body to fill a bed."

Their experience highlights the extreme lack of oversight of Minnesota's assisted-living industry, a shortfall that has potentially endangered thousands of seniors who entrusted their care with these supportive housing communities.

But now, years of grassroots lobbying by victims of abuse and neglect in these facilities have resulted in the broadest expansion of state supervision of long-term care in generations. A sweeping new state law goes into effect Sunday that establishes minimum levels of care and basic consumer protections for the fast-growing assisted-living industry, which is home to nearly 55,000 Minnesotans.

For the first time, facilities will be licensed and subject to more regular inspections, and residents will have statutory protections against arbitrary evictions and retaliation for reporting maltreatment.

"People's lives will be saved by this law — and hopefully the conditions of those lives will be improved," said Kristine Sundberg, executive director of Elder Voice Family Advocates, a coalition of relatives of elder abuse victims that pushed for changes.

Those families say the dozens of new regulations are long overdue and needed to keep up with the evolving nature of senior care.

When assisted living first gained popularity in the 1980s, the facilities were thought to need less regulation because their residents typically were younger and required less care than people in federally regulated nursing homes. Over the years, however, the distinctions have blurred.

Assisted-living communities have mushroomed in size and have begun catering to older residents and those with more acute health needs. Many have opened specialized "memory care" units for people with dementia and buildings that resemble skilled nursing homes. Nationally, nearly 60% of people living in these homes are older than 85 and about 40% suffer from dementia.

But until now, Minnesota stood alone as the only state that did not license assisted-living facilities, which meant it was hamstrung in enforcing basic standards of care.

Major change for Minnesota

The new law marks a significant shift by expressly recognizing the vulnerability and complex medical needs of assisted-living's changing population.

For the first time, facilities will be required to evaluate the physical and cognitive needs of every newly admitted resident and provide access to a registered nurse 24 hours a day, seven days a week. On-site inspections will be every two years, compared with the previous three-year cycle. And training requirements have been strengthened for staff who care for people with dementia.

The law also effectively bans the practice of sudden and arbitrary evictions in assisted living.

For decades, these homes faced almost no repercussions for forcing out residents who became difficult to manage. Now, if a provider wants to terminate a resident's contract, they must first ensure the resident has a safe place to go and provide them with at least 30 days' written notice before they are discharged — similar to protections that already exist for nursing home residents.

"This should have happened years ago," said Eilon Caspi, a gerontologist and health researcher who is on the board of Elder Voice.

Were it not for a relentless effort to call attention to unsafe conditions in these homes, the new consumer safeguards might never have arisen.

Starting in 2016, the daughters, sons, spouses and other relatives of maltreatment victims began coming forward with harrowing stories of their loved ones suffering from preventable deaths and abuse in assisted-living homes.

The family members, organized as Elder Voice Family Advocates, inundated lawmakers with stories of loss and anguish, including incidents in which loved ones had died, been maimed or traumatized as a result of maltreatment.

In emotional testimony and research reports, they described incidents in which elders were left for hours on the floor after falling, or suffered painful deaths because facilities failed to treat routine health problems, such as hernias, dehydration and diarrhea. Others died because wellness checks were not completed as prescribed and medications were not given or were given incorrectly, they found.

These were far from rare incidents.

A 2017 Star Tribune investigation found the state was receiving more than 20,000 allegations a year of neglect, physical abuse, unexplained serious injuries, and thefts in homes for seniors and people with disabilities. Only a fraction of those complaints — approximately 3% — were investigated on-site by the state.

What's more, some family members who spoke out about the maltreatment, or who attempted to install cameras in their loved ones' rooms to monitor care, were harassed or threatened with eviction, the investigation found.

Uncovering abuse

Sisters Jean Peters and Kay Bromelkamp were among the first to call for changes after uncovering verbal abuse and neglect of their 85-year-old mother on video at an Edina assisted-living home.

Using a tiny camera, they caught aides repeatedly chastising their mother as well as sleeping in chairs without providing daily care, regular safety checks or taking their mother to meals. After their mother died, the sisters helped dozens of families install cameras in senior homes — a right that in 2019 became enshrined in state law.

"We got this done for the sake of humanity," said Peters, a registered nurse and president of Elder Voice. "For decades, the industry and the regulators had let things slide, and they needed to be woken up."

Some wondered if licensing would ever become a reality.

In 2018, a broad-based effort to reform Minnesota's system for protecting seniors foundered amid partisan divisions and opposition from the senior care industry.

Then last spring, the Minnesota Department of Health, the state agency that oversees long-term care, became swept up in efforts to combat the worsening coronavirus pandemic. As a result, agency officials pushed back licensing a year later than planned, asserting that senior homes needed to stay focused on preventing the spread of the fast-moving virus, which had already killed hundreds of Minnesotans in long-term care facilities.

The delay frustrated elder care advocates who pointed to the staggering death toll in senior homes as further evidence of why more regulatory oversight was needed.

Yet, despite a winter surge in COVID-19 cases, the Department of Health forged ahead and this spring completed the monumental task of drawing up the new rules with public input and educating providers on the new licensing system.

The response was stronger than many expected. By June, the agency had received more than 2,000 license applications from assisted-living and dementia care providers across the state. To enforce the new regulations, the agency expects it will need another 56 staff.

"I am really proud of the work we have done to stand this up at a time that we also had a COVID-19 pandemic," said Lindsey Krueger, director of the Department of Health's Office of Health Facility Complaints.

Connie Billmeier of Minnetonka is among those who wishes the new law had been enacted years earlier.

In fall 2018, her 58-year-old brother with cognitive disabilities was found slouched in his wheelchair with unusually high blood pressure at an assisted-living home in northern Minnesota. Instead of calling for medical help, unlicensed staff gave him aspirin and put him back to bed. Later, he was airlifted to a hospital where doctors discovered internal brain bleeding that likely caused his death, she said.

"Perhaps if a [registered nurse] had been on duty, he or she would have recognized that my brother was failing sooner," she said. "It makes you wonder how many lives were lost because we didn't have these protections sooner."

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