Monday, April 25, 2022

Woman charged with elder abuse after fight with grandmother

Andi Daniel Wichmann
By ELIZABETH SUMMERS

A Grant woman remains behind bars at the Marshall County Jail after police say she was in a fight with her grandmother. 

Grant Police and Sheriff’s Office deputies responded to a domestic violence call on Starnes Loop Road in Grant on Wednesday, April 20. 

When they arrived, they determined Andi Daniel Wichmann, 39, of Grant, had been in a confrontation with her 78-year-old grandmother. Both women live on the property, but not in the same building, according to officers.

“Wichmann had apparently thrown furniture into the front yard and even urinated on the front steps prior to law enforcement’s arrival,” said Marshall County Sheriff’s Office Chief Deputy Steve Guthrie. 

The unidentified grandmother did not suffer any injuries in the confrontation. Officers and deputies did give her information on how to secure an order of protection against Wichmann, Guthrie said. 

Wichmann was placed into handcuffs and allegedly attempted to bite the arresting deputies as she was taken into custody. 

She was charged with third-degree domestic violence, resisting arrest, elder abuse and third-degree neglect. 

She is currently held in the Marshall County Jail under $13,500 bond.

Guthrie said anyone who suspects elder abuse or neglect should not hesitate to call the Alabama Department of Human Resources Adult Protective Services department.

The mission of the Adult Protective Services division is to support and enable county departments to protect elderly and disabled adults from abuse, neglect and exploitation and prevent unnecessary institutionalization.

Call 256-582-7100 for more information or to make a report. 

“Anyone can make a report … neighbor, relative, fellow church member,” Guthrie said. 

“You don’t have to wait for the police to show up to make a report. 

“Notify someone and get the help you need as quickly as possible.”

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Sunday, April 24, 2022

Former Paralegal for Chicago Law Firm Charged With Embezzling Bankruptcy Estate Funds

Department of Justice
U.S. Attorney’s Office
Northern District of Illinois

FOR IMMEDIATE RELEASE
Thursday, April 21, 2022


Former Paralegal for Chicago Law Firm Charged With Embezzling Bankruptcy Estate Funds

CHICAGO — A former paralegal for a Chicago law firm has been indicted for allegedly embezzling more than $600,000 from bankruptcy estate accounts.

BECKY LOUISE SUTTON fraudulently embezzled the funds from 2009 to 2018 while working on bankruptcy matters at the law firm, according to an indictment returned Wednesday in U.S. District in Chicago.  Sutton orchestrated the fraudulent transfers of bankruptcy funds from fiduciary bank accounts intended for creditors to accounts Sutton controlled, including her personal bank account, credit card account, student loan account, and mortgage account, the indictment states.  In one instance, Sutton used a company with a name similar to a true creditor to disguise her fraudulent diversion of the funds, the indictment states. 

The indictment charges Sutton, 66, of Austin, Texas, and formerly of Park Forest, Ill., with three counts of wire fraud and three counts of embezzlement from the estate of a debtor.  The indictment seeks forfeiture from Sutton of $611,263 in alleged criminally derived proceeds.  Arraignment in federal court in Chicago has not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI.  Valuable assistance was provided by the U.S. Trustee Program.  The government is represented by Assistant U.S. Attorney Kartik K. Raman.

The public is reminded that an indictment is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. 

Each wire fraud count is punishable by up to 20 years in federal prison, while each embezzlement count carries a maximum sentence of five years.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

Source:

Owensboro judge ousted from office for multiple violations of judicial conduct rules

by Andrew Wolfson 


A family court judge from Owensboro who allegedly destroyed evidence and called the presiding judge when her son was charged with assaulting her has been removed from office.

Judge Julia Hawes Gordon also held court late into the night, sometimes requiring parents and their children to appear after midnight. 

And when a treatment center refused to test defendants for drugs, Gordon had her staff do so, despite their lack of training, and they put urine samples in the same refrigerator where they stored their lunch.

On Friday afternoon, the Judicial Conduct Commission issued a unanimous decision, ordering Gordon’s ouster from the bench.

“This case does not involve one or two isolated occurrences, but instead involves Judge Gordon’s pattern of misconduct and her repeated exercise of extremely poor judgment and her engagement in profoundly unwise action — on and off the Bench — that continued for years” the commission said in a 25-page opinion and order.

The panel said Gordon’s misconduct continued even after she learned she was the subject of a massive complaint.

“Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives,” the commission said. “They should aspire at all times to conduct that ensures the greatest public confidence in their independence, impartiality, integrity, and competence.”

The commission said Gordon “failed in essentially every respect of this fundamental rule applicable to all judges.”

Gordon had already been suspended in December.

The commission said Gordon could have been disqualified based just on the first count of the complaint — that she sought to influence the amount of the bond in the case against her son and destroyed evidence against him.

The panel said that constituted misconduct in office and violated eight sections of the judicial canons of conduct.

The agency also said she violated ethics rules by appointing a criminal defense lawyer who represented her son as a guardian ad litem, allowing him to win fees.


And it said she tried to use her influence with the county jailer to win favorable treatment for her son.

The commission found by a 6-0 vote that Gordon violated five of the six counts of the complaint.

In a story in December, The Courier Journal reported Gordon told the agency in a letter that "she was acting as a mother" when she tried to help her son.

In a written response to the complaint, however, she acknowledged some of the allegations, including several involving him.

"As painful, embarrassing and expensive as this investigation has been, it has caused Judge Gordon to gain many insights that she respectfully submits will make her a better judge,” her lawyers said in the response.

"Judge Gordon has gained a clearer understanding of the reality that she is always a judge — on and off the bench. This is true even when she is acting as the parent of an addicted child with severe mental health issues, and even when she is a crime victim at the hands of that child."

Gordon, 42, who hails from an influential Owensboro family (a park and golf course are named for former Mayor Ben Hawes, her great uncle) was elected to her first term in 2016. 

She was Daviess County’s first family court judge, and filed for re-election in November.

In response to a request for comment, her lawyer, Kent Westberry, said: "We are disappointed and disagree with this decision. We are currently reviewing it carefully and after that review we will decide our steps going forward."

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DeKalb County man sentenced for exploiting elderly aunt

Dwayne Jervis (DeKalb County Jail)

A DeKalb County man convicted of stealing thousands of dollars from his elderly aunt has been sentenced to spend a year behind bars.

Thursday, a DeKalb County Superior Court judge sentenced 41-year-old Dwaine Jervis to one year in prison and nine on probation.

According to officials, Jervis began exploiting his now-91-year-old aunt Elfreda Henry in 2016 when she sold her New York home after her husband died.

Investigators say Jervis convinced his elderly victim to move down to Georgia to live with him. After she added his name to her back accounts, police say he took over $90,000 from her in less than a year and a half.

The investigation began in 2017 when Chase Bank froze Henry's account due to all the withdrawals and contacted police. 

After searching for Henry, officers found her living with a family friend. She told them her grand-nephew had suddenly moved her out and left her alone.

Jervis represented himself at trial and claimed that he was taking the money to buy Henry a house in Jamaica, however, he did not give any evidence.

A jury found him guilty of exploitation of an elder person, theft by taking by a fiduciary, and another count of theft by taking.

Along with serving time, Jervis was ordered to pay Henry $70,000 in restitution and is prohibited from visiting her home.  

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Saturday, April 23, 2022

Brookdale, California AG Reach $3.25M Deal Over Alleged Nursing Home Data Reporting Fraud

By Jordyn Reiland
 

Brookdale Senior Living (NYSE: BKD) will pay $3.25 million to settle allegations that it submitted false nursing home staffing data to the federal government and improperly handled resident discharges, the California Attorney General’s Office announced late last week.

The settlement agreement comes one year after then-California attorney general Xavier Becerra filed a lawsuit against Tenn.-based Brookdale, pertaining to its current skilled nursing facility in Bakersfield and nine of its former facilities throughout the rest of the state.

The lawsuit argued specifically that Brookdale submitted artificially inflated nursing staffing data to CMS in order to achieve higher ratings on the overall five-star scale. The lawsuit also alleged that the operator did not follow the proper family and ombudsman notification process when handling resident discharges.

Brookdale operates and manages 679 senior living communities across 41 states, according to its most recent financial report. That total includes 559 assisted living and memory care campuses, 68 independent living developments, and 19 continuing care retirement communities (CCRCs); the remaining 33 consist of communities managed for third parties.

Brookdale did not admit any liability or wrongdoing in agreeing to settle the case, according to court records. In an emailed statement to Skilled Nursing News, a Brookdale spokesperson said they “strongly disagree with the characterizations made by the other parties in the case.”

“Our communities rely upon the relationships we build with our seniors, and our top priority will always be the health and safety of our residents and associates,” the statement read. “Resolving this case for an amount equal to the continued cost of defense was in the best interests of our residents, and we are pleased to put this behind us.”

As part of the settlement agreement Brookdale will pay $2.4 million in civil penalties, $550,000 in costs and $300,000 to the Kern County long-term care ombudsman, in addition to appointing a monitor to oversee compliance at its Kern County facility.

California Attorney General Rob Bonta said in the news release that Brookdale put its residents at risk and “misled” prospective residents about the quality of its California facilities.

“Today’s settlement will hold Brookdale accountable by making certain that its California locations are in full compliance with the law and provide truthful information for Californians to use when choosing a facility for themselves or their loved ones,” Bonta said.

The deal comes at a time when the Biden administration has said it will place a heightened focus on nursing home financial transparency and accountability — in line with the White House’s proposed sweeping nursing home reform announced late last month.

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Disbarred lawyer Robert Menard sentenced to six months in jail for stealing or mishandling about $1 million

by Cary Spivak

Disbarred lawyer Robert Menard, who prosecutors say pocketed or mishandled as much as $1 million from clients and his ex-law partner, was sentenced to six months in the House of Correction Thursday. 

In addition, Milwaukee County Judge Milton Childs also sentenced the once-prominent lawyer to four years in prison, followed by four years of extended supervision. The judge, however, stayed the prison time. He also ordered Menard to do 100 hours of community service.

Milwaukee County Judge Milton Childs Sr

The sentence was imposed near the end of a nearly two-hour sentencing hearing during which four of Menard's victims, some sobbing or holding back tears, told the court Menard caused them financial and emotional pain. A tearful Menard apologized for his actions — an apology the judge said he accepted on behalf of Milwaukee County.

Menard in January pleaded guilty to four felony counts of theft and embezzlement for bilking clients and his now-former law partner.

On Thursday about two dozen people sat in the courtroom's gallery, with Menard's family and friends on the left side of the courtroom and the victims and their supporters on the other side of the aisle. 

They listened quietly as a trembling and softly sobbing Menard pled for leniency and acknowledged he broke the law and violated his oath as an attorney.

Robert Menard

"I betrayed the trust of my clients, friends, family and the profession," Menard said. "I am ashamed and will walk a better and honest path."

Assistant District Attorney Nicolas Heitman urged Childs to sentence Menard, 59, to four years in prison for stealing from his clients.

"His law degree was a tool to steal," Heitman said.

At one point, the prosecutor held up a copy of the oath lawyers take and tore it in half.

"That's what (Menard) did so many times," Heitman said. "He used his job, his education, his position to steal — just like a robber uses a gun."

In an interview after the hearing Heitman declined to say exactly how much money Menard is believed to have stolen, saying the figure would be determined later at a restitution hearing. Menard was initially charged in 2019 and 2020 with pocketing about $1 million from clients and his former law firm partner.

Menard had practiced law for about 30 years and was a longtime partner in the firm of Derzon & Menard. The now-defunct firm was a frequent advertiser on sports radio and billed itself as the law firm for "average Joe" and used the fictional "Joe Bob" as its mascot. 

Joe Bob, the fictional character that had been used as the mascot for the now-defunct Derzon & Menard law firm. (Photo-Screen shot)

Childs noted that many of the clients in Menard's now-defunct law firm were already hurting because they had been injured on the job and hired him to handle worker's compensation claims.

"For the most part, the victims were (already) victims of something else" when Menard stole from them. 

Menard's attorney, Craig Mastantuono, argued Menard has already been punished, noting that his client is no longer practicing law because he was disbarred in 2020.

"The loss of one's profession is hard to minimize," Mastantuono said.

Robert Menard and his defense attorney Craig Mastantuono

Although Judge Child's accepted Menard's apology, the felon's uncle did not and his ex-law partner did not.

"Our children missed opportunities directly because of him," said Alan Derzon, his former law partner. Derzon said in a victim impact statement that he lost $286,796 to Menard.

Philip Menard said his nephew's actions caused a rift in the family and that Robert Menard still owed him $144,000. He said he asked his nephew a few years ago to represent him in a car accident case that resulted in a $500,000 settlement for the uncle.

In 2018 Philip Menard told the Journal Sentinel he had not seen a penny of the settlement. Philip Menard and his wife, Joyce Fletcher-Menard, sued their nephew in 2018 and won a $329,333 judgment.

"I wanted to believe him and believe he would not take advantage of me," Philip Menard said in court Thursday. He added that his nephew "should spend more than three years in prison."

"A man we trusted had clearly taken advantage of us," Fletcher-Menard wrote in a statement to the court. 

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'I didn’t realize what he was doing until it was too late:' 80-year-old Issaquah man's kindness exploited

By Jennifer Lee 
 
 

80-year-old Issaquah man's kindness exploited

We’re hearing about a heartbreaking case of potential elder abuse in our community. This case of abuse wasn't physical but it was financial and emotional.
 

FOX 13 has uncovered what appears to be an uncommon and particularly cruel form of potential elder abuse in one of our communities. 

A weeks-long investigation found mistreatment that wasn’t physical but instead appears to have been financially exploitative, with victims sharing accounts of emotional manipulation by the same man.

One of the victims is a beloved 80-year-old man from Issaquah, whom many in town know for the decades he served as the owner of Lewis Hardware.

"I didn’t realize what he was doing until it was too late," said Steve White, who is also known as Homer.

White’s stepsons, Kevin and Jim Carey, said White is known to be an incredibly kind person, very outgoing and someone who will help everybody.

The brothers said a man named Steven Dempsey came off as harmless in the beginning, but soon the family started noticing some red flags.

"Steve Dempsey just came in here and made out to be everybody’s best friend. He’s very good at being everybody’s friend, as a lot of people who do what he does, kind of gain your trust right away," said Jim. "He definitely knew what he was doing, and he was working angles to get in to live here, which is ultimately what he was able to do. There was a whole new bed made up and belongings, and so it was obvious that somebody was staying there, and my brother asked my stepdad, ‘He’s not living here is he?’ and my stepdad said, ‘No, he’s just sleeping here.’"

The family said Dempsey first offered to chop up a fallen tree in exchange for the firewood, and proceeded to do other odd jobs around the property.

Now, White's home has a ripped-up sidewalk, a large pile of wood and tree limbs in the back, a makeshift fence and a set of stairs leading up a tree.

Kevin called Issaquah Police, and officers said the family would have to evict Dempsey, since he had taken tenancy inside the home. 

The family said Dempsey moved himself into White's home in mid-January and refused to leave until the family evicted him a month later.

"According to my stepdad, he said he only gave Dempsey the debit card twice to go get food, and we had to tell him, we went through the bank record and said ‘look at it, no, he was up at the casino, you know, Snoqualmie drawing out money multiple times in the same day,’" said Jim. "So we don’t know if he was just taking and gambling away, or he was just taking it out in increments and keeping the money."

"You’ve gotten in here and gotten a hold of my stepdad‘s finances to some degree, locked my brother and my phone from my stepdad‘s phone, trying to isolate us from him. So he could try and move in and take control of the property and the house and live off of my stepdad‘s money," said Kevin. "Once we got him removed, and we were able to get back in the house, we found my stepdad’s pills that he has to take were kind of hidden in the back counter underneath some stuff, so he hadn’t been taking them for probably the better part of a month," said Kevin.

White has been diagnosed with early stages of dementia, which we learned is common in elder abuse cases.

"I think the two most common factors we see in people who are victimized are dementia and social isolation," said Senior Deputy Prosecuting Attorney Page Ulrey of the King County Prosecutor’s Office. "Often we see gambling addiction and spending addiction is sort of driving the exploitation."

Ulrey has dedicated the last two decades of her career as an elder abuse prosecutor in King County.

She said cases historically across the U.S. have been underreported and under prosecuted and that for every one case of elder abuse that occurs another 23 never come to light.

Studies have also found that any form of elder abuse increases the risk of premature death of the victim by 300%

"The betrayal they feel, it’s just incredibly devastating, and they also don’t have the ability to get that money back. They can’t start over again and get a new job and start saving. They’re retired, they have no additional sources of income, and they’ve lost everything to someone they thought they could trust," said Ulrey.

Carol Sullivan, 74, thought she could trust Dempsey as well.

"I wrote everything that he had done and how I was afraid of him, I really was," said Sullivan. "He acts like he’s going to do all this stuff for you, ‘oh, let me do that, let me do that,’ and then the next thing you know he’s taking from you."

Sullivan filed for a protection order against Dempsey in 2021. In the filing, she claims Dempsey threatened to kill a dog they were watching, stabbed a friend of theirs on the forehead and that he stole from them and brought stolen items to their places.

In fact, Sullivan said Dempsey brought rare, old coins to her home that had gone missing from White's house.

Sullivan evicted Dempsey at the end of 2021 and said it appears he targeted White next.

White’s family successfully filed a five-year vulnerable adult protection order against Dempsey, and FOX 13 News has talked to at least one other couple in Issaquah who said Dempsey stole from them as well. 

Dempsey is not currently facing any criminal charges. FOX 13 has reached out to Issaquah Police, who say the case involving Dempsey's encounters with White is an open investigation.

"I would urge them to report it to the police," said Ulrey. "It’s a crime to financially exploit someone. It’s a crime to physically abuse someone, obviously, or abuse them in any way."

Common signs of elder abuse, neglect and exploitation can include: 

  • A new power of attorney
  • A decrease in self-care, including missed doctor’s appointments
  • A dramatic change in spending patterns
  • A change in socializing, i.e. missing church all of a sudden or an activity they loved
  • A new best friend they’re suddenly spending a lot of time with to the exclusion of long-time friends or family members

Ulrey said it’s important to maintain strong connections with the older people in your life.

She also recommends having more than one person or family member managing the finances of older loved ones.

"If anybody has any vulnerable parents at home, really keep an eye on them and ask them questions, because there’s other people out there like Dempsey who are trying to take advantage of people," said Jim.

"It’s the most common refrain I hear from the victims I work with, that they feel ashamed or they feel stupid, and it just breaks my heart to hear that," said Ulrey. "What I would say to them is, this is not your fault, this is their fault. You did nothing wrong."

The King County Prosecuting Attorney’s Office launched a joint venture with Aging and Disability Services and Adult Protective Services to establish the King County Elder Abuse Multidisciplinary Team (MDT) in 2019.

The MDT strengthens ties between many agencies to respond to reports of elder abuse by bringing together professionals across disciplines to improve the system response to cases of elder abuse, neglect and financial exploitation in King County.

Ulrey said if you suspect abuse, call 911 and report it to police. She also recommends getting in touch with Adult Protective Services, which investigates and helps with protective orders and guardianships. 

She also recommends the agency Sound Generations which offers resources, and will do intakes and referrals for cases. Their phone number is 206-448-3110.


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Friday, April 22, 2022

How Social Interaction Plays a Principal Role in Dementia


Dementia is an umbrella term for a progressive age-related disorder which is primarily seen in senior patients. It is associated with deterioration of the patients’ memory, cognition, behavior and a decline in their ability to perform activities of daily living. Alzheimer’s disease is the most common type of dementia that makes up nearly 70 percent of the cases.

One in ten Americans aged 65 years and older suffers from dementia. 2017 statistics reveal that an estimated 5.3 million senior Americans are living with dementia related to Alzheimer’s disease.

According to the U.S. Census Bureau, nearly 28 percent of seniors aged 65 years and older are living alone. Seniors with dementia are at a higher risk of social isolation, leading to serious consequences for the patient.

If you have a senior loved one who is suffering from dementia, it is crucial that you engage him/her in suitable social activities to make him/her feel loved and cared for.

Here are five ways in which social interaction can affect your senior’s health positively and boost his/her longevity and mental wellbeing.

1. Social Interaction Preserves Cognitive Function

Research has found a strong connection between loneliness and impaired cognitive function. Patients with dementia are often pessimistic about their future and tend to feel lonely owing to social isolation. This happens mainly due to retirement, the death of a spouse and/or close friends, and the lack of mobility.

Numerous studies confirm that seniors with dementia who have a strong social network experience delayed cognitive impairment. Larger social circles have a protective influence on the comprehension and reasoning ability of seniors battling dementia. Seniors who have a considerable amount of support from their families are at a lower risk of developing memory-loss symptoms.

When seniors interact with other family members, relatives, and friends, they have to think of ways to converse and respond. Scientists believe that this basic exchange is a form of exercise that stimulates the brain cells and the formation of brain synapses, thus fueling the creation of new nerve cells.

Encourage and help your senior to build a social network by participating in voluntary and social service activities and cognitive rehabilitation programs. These activities can be a valuable source of social connection for your elder, making him/her feel valued.

2. Meeting People Comes with Psychological Benefits

Dementia is often associated with psychological conditions such as stress, depression, anxiety, and mood disorders. Researchers estimate that nearly 95 percent of seniors living with dementia suffer from behavioral and psychological symptoms such as agitation, aggression, depression, delusions, hallucinations, and sleep disturbances. These symptoms are commonly referred to as the neuropsychiatric symptoms of dementia.

Seniors with strong family and social bonds tend to have a positive outlook as they have someone reliable to talk to. Remaining socially active can significantly reduce the risk of psychological disorders and improve sleep quality.

Getting quality sleep is crucial for dementia patients to calm their psychosomatic symptoms of depression and anxiety. The National Sleep Foundation states that undisturbed sleep relaxes the brain and helps it focus and retain information better.

Plan meaningful activities for your senior, keeping in mind his/her physical abilities, leisure interests, past work life, and social preferences. Take your senior for a movie or a play, invite family and friends for a game of cards, or go through a photo album and talk about old times. These activities will improve your senior’s mood and reduce challenging behaviors.

3. Get-Together Offer Physical Health Benefits

Engaging in social interaction offers numerous physical benefits to patients with dementia. Participating in group physical activities improves the patients’ ability to perform activities of daily living and reduces the risk of falls.

Group activities like exercising, walking, and playing games offer social interaction opportunities and can be adapted to suit a wide range of physical limitations of seniors.

Take your senior for regular walks in the park. Encourage him/her to join yoga, meditation or exercise class. Engaging in group exercises builds a strong social circle, improves mood, boosts physical strength, and reduces the risk of age-related ailments.

4. Socializing Improves the Overall Quality of Life

Dementia can significantly impact your senior’s quality of life, causing him/her to feel isolated, agitated, frustrated, depressed, and embarrassed. Your senior’s inability to perform daily tasks and remember simple things can affect his/her emotional wellbeing as well.

Patients with dementia often land up in hospitals mainly due to fractures, urinary tract or chest infections, or strokes. These patients have twice as many hospital stays every year compared to other seniors, contributing to a total annual healthcare cost of $259 billion.

According to a research paper presented at the Annual Alzheimer’s Association International Conference, social interaction can significantly improve the quality of life of patients with dementia, ease their agitation, and reduce overall healthcare costs. Support from family, friends, and relatives can go a long way in building the confidence of elderly patients.

5. Social Stimulation Promotes Independence

Seniors with dementia need assistance with personal and domestic tasks. Moreover, they often feel frustrated about and guilty of not being able to help with household activities. This increased dependence on others and feeling of being incapacitated often makes them irritable and damages their confidence levels.

Having compassionate loved ones who celebrate happy times with them and listen to their frustrations and offer solutions can be extremely comforting for seniors with dementia. This social stimulation fosters their independence as they feel connected and secure about their support system that assists them when required.

Involving your loved one in simple domestic activities like sorting out the post, organizing the laundry, arranging fresh flowers, and laying the table for a meal can make him/her feel involved and boost his/her confidence.

Seeing a loved one live with dementia can be painful. Fortunately, personal relationships and social environment can play a principal role in improving the patient’s cognitive skills and overall quality of life. Caregivers, family members, and friends can help their ailing loved one feel more valued by being around him/her during this tough period.

Conclusion:

There is mounting evidence highlighting the role social interaction plays in improving the lives of seniors with dementia. The above points will help you encourage your senior to engage in activities that will build and strengthen his/her social circle, enabling him/her to live a fulfilling life.

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Court-Appointed Attorneys in Guardianship Proceedings


Attorneys appointed to serve as counsel for minors or alleged disabled persons in guardianship proceedings under Md. Code, Estates and Trusts Article, Title 13 must meet the following requirements:

Md. Rule 10-106(b) Eligibility for Appointment

  1. (1) To be eligible for appointment, an attorney shall:
    1. (A) be a member in good standing of the Maryland bar;
    2. (B) provide evidence satisfactory to the court of financial responsibility; and
    3. (C) unless waived by the court for good cause, have been trained in the aspects of guardianship law and practice in conformance with the Maryland Guidelines for Attorneys Representing Minors and Alleged Disabled Persons in Guardianship Proceedings

These requirements promote good practice and consistency in the appointment and performance of attorneys appointed to represent minors and alleged disabled persons in guardianship proceedings in the circuit and orphans’ courts.

Roster of Eligible Attorneys

The Roster of Attorneys eligible for appointment under Md. Rule 10-106 will be updated periodically. Inclusion on this roster does not guarantee court appointment. Some courts maintain their own rosters.

To be added to this roster, attorneys who complete a Maryland Guidelines training can complete an Application for Court-Appointed Attorneys in Guardianship Proceedings.

Attorneys with other relevant training or experience seeking waiver of the Maryland Guidelines training requirement should complete an Application Seeking Waiver of the Md. Rule 10-106(b)(1)(C) training requirement and file it in each court they are willing to accept appointments. If approved for appointment in a particular court, the court or attorney should email the completed application to guardianship@mdcourts.gov.

Host a Training

The Guardianship/Vulnerable Adults Workgroup of the Maryland Judicial Council’s Domestic Law Committee is committed to working with external justice partners to organize trainings that meet the Maryland Guidelines requirements. If you would like to sponsor a training, review the Training Programs for Court-Appointed Attorneys in Guardianship Proceedings Information Sheet.

Court Appointed Attorneys Program

The Court Appointed Attorney Program (CAAP) was established by the Department of Human Services, Maryland Legal Services Program (MLSP) to allow private attorneys statewide, to provide legal representation in cases where a conflict of interest in representation arises with an MLSP provider. CAAP ensures that the rights of indigent alleged vulnerable adults are protected throughout the entire court experience in Adult proceedings. To learn more, see Department of Human Services CAAP Policy and Request for Payment Forms.

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