Former Eufaula nursing home employee arrested on fraud, forgery charges

Woman arrested on forgery, theft charges at Eufaula nursing home(Source: Eufaula Police Dept.)

By Ashton Akins

EUFAULA, Ala. (WTVM) - An investigation into forgery and theft at Crowne Nursing Home in Eufaula culminated in the arrest of a former employee.

On November 7, 49-year-old Rebecca Jo Allen, of Hurtsboro, was arrested for theft of property 1st degree, forgery 3rd degree and financial exploitation of elderly 1st degree.

Allen is accused of making fraudulent transactions from 84 residents. The fraudulent transactions totaled an estimate of $20,830. Allen is being held at the Eufaula City Jail awaiting a bond hearing.

This case remains under investigation. Additional charges may be pending.

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Former Eufaula nursing home employee arrested on fraud, forgery charges

I-Team: Families take legal advice, find themselves regretting guardianship

by Danielle DaRos

Chris and Kim Gonsalves were married for almost 30 years. (WPEC)

FORT LAUDERDALE, Fla. (CBS12) — After more than a year of I-Team reports, the issues in Florida’s guardianship system are well-documented. It’s a program that’s supposed to help the elderly and disabled manage their affairs, but we’ve shown you how, too often, the professionals paid to protect their wards are taking advantage of them.

Many of the families who have been featured in our I-Team reports have similar stories: they pursued guardianship for their loved ones because a lawyer told them it was the best way to safeguard their money. By the time they learn they’ve signed away all control, it’s too late.

For one family in South Florida, a guardianship meant a husband was no longer able to make end of life care decisions for his wife.

When we met Chris Gonsalves, he was outside a hospital in Broward county, in between visits with his wife, Kim.

“[The visits] are difficult,” he said. “As much as I try to be there for comfort, they are hard on me.”

For one family in South Florida, a guardianship meant a husband was no longer able to make end of life care decisions for his wife. (WPEC)

Kim Gonsalves was suffering from pneumonia complications and placed on a ventilator. There were a lot of tough decisions to be made: how long should she receive treatment? Should she have a “Do Not Resuscitate” order?

After nearly 30 years of marriage, Chris couldn’t make those decisions. That job went to a professional guardian: a stranger, appointed by a judge, paid out of Kim’s estate.

Chris didn’t realize pursuing a guardianship for his wife would turn out this way.

A few years ago, Kim suffered a ruptured brain aneurysm and collapsed. While recovering in a hospital, she was left unattended for several minutes, fell, lost oxygen to her brain, and suffered even more debilitating injuries.

A medical malpractice lawsuit awarded Kim $15 million dollars, Chris said, and provided a way to ensure her care and comfort in the years that followed.

“I was told by my attorneys that a guardian would be needed because of the trust in the amount of money,” Chris said. “That it was protection, the best choice.”

He filed a petition to be designated as her guardian, but what he didn’t know at the time was that a drug conviction from his past would disqualify him.

A judge appointed a professional guardian to make all of Kim’s health care and financial decisions.

From court filings, it’s clear Chris’ relationship with the guardian got tense.

The two disagreed about housing and issues like a DNR. Chris filed emergency orders to intervene in his wife’s behalf, and accused the guardian of over spending and unethical practices. The guardian’s attorney filed an order to have Chris removed as an interested party on the case and accused him of being after the money, writing his “gravy train” is over.

The two sides were at odds over a DNR when Chris spoke to the I-Team. Days later, he received an email from the guardian. “Kim passed,” the email said, writing that according to her nurse, Kim had gone into cardiac arrest.

A six sentence email: that’s how Chris found out the love of his life was gone.

As he prepares to bury his wife, Chris regrets pursuing a guardianship and wants other families to know the reality of these court appointed arrangements.

We wanted to know if there is anything you can do proactively to ensure you or your loved one is never placed in one.

Sancha Brennan, an attorney who specializes in estate planning and guardianship law, said there is no guarantee that guardianship is off the table — but there are ways to reduce your risk.

First, she said, people should plan ahead and consider legal documents that name a durable power of attorney and healthcare surrogate to make financial, personal and medical decisions in the event of incapacity.

“There are situations where those documents, if they are not maintained or updated regularly, they would not be affective to keep you from having a guardianship filed on your behalf,” Brennan explained.

Despite your directives, a judge can bypass them and appoint a professional guardian if he or she determines the appointee is unfit to serve.

The guardian in the Gonsalves case declined our request for an interview.

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I-Team: Families take legal advice, find themselves regretting guardianship

Elder Abuse Task Force releases guide on legal actions against financial exploitation

LANSING, Mich. — A new guide outlining legal actions against those suspected of exploiting the elderly and other vulnerable adults has been released.

Attorney General Dana Nessel announced Monday A Guide to Investigation & Prosecution of Vulnerable Adult Financial Exploitation is available to all police officers and prosecutors in the state of Michigan.

The guide, released by the Elder Abuse Task Force, may be accessed on the Prosecuting Attorneys Association of Michigan’s website, Nessel’s office says.

“As the population of Michigan ages, we expect to see more reports of vulnerable adult financial exploitation made to local law enforcement,” says Nessel. “It is critical that police officers and prosecutors have access to the tools and training they need to thoroughly investigate these cases and to prosecute criminal activity, and I continue to be proud of the work of the Elder Abuse Task Force to help serve as a resource to law enforcement.”

We’re told the guide has since been forwarded to Michigan State Police, the Michigan Association of Chiefs of Police, and the Michigan Sheriffs’ Association.

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Elder Abuse Task Force releases guide on legal actions against financial exploitation

Sibling caretakers arrested: Disabled adult seen climbing out of window, calling for help in Winston-Salem

When officers arrived, they saw a woman hanging halfway out of a bedroom window yelling for help.

Author: Blair Barnes

Two people were arrested after a woman was seen climbing from a bedroom window calling for help in Winston-Salem, according to police. 

Winston-Salem police were sent to the 1900 block of Bramblewood Trail after getting a call about unknown trouble. 

When officers arrived, they saw a disabled woman hanging halfway out of a bedroom window yelling for help. The woman lived at the home under the care of Mary Kathleen Adkins. However, Adkins' brother, George Murry Adkins Jr. was present in the home at the time of the incident as her caregiver.

After an investigation, police discovered the victim was locked in the room for more than 12 hours. 

On Oct. 13. the siblings were charged with the following:

• Mary Adkins- 2 counts of domestic abuse/ neglect/ exploitation of a disabled adult 
• George Adkins- 1 count of Domestic abuse/neglect/ exploitation of a disabled adult 

Anyone with any information regarding this investigation is asked to call the Winston-Salem Police Department at 336-773-7700, Crime Stoppers at 336-727-2800, or En Espanol 336-728-3904.

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Sibling caretakers arrested: Disabled adult seen climbing out of window, calling for help in Winston-Salem

Hospice nurse charged for allegedly cutting off man’s foot without permission

By Jeff MacDonald

PIERCE COUNTY, Wis. — A hospice nurse in Wisconsin could face 40 years in prison after she allegedly amputated the foot of a dying man without his permission.

According to the criminal complaint obtained by KSTP, a Pierce County medical examiner first noticed during an autopsy that a foot had been removed from a body he was supposed to examine. Before he died, the unnamed elder person had been in the care of Mary K. Brown, 38, a Spring Valley Health and Rehab Center nurse.

A Wisconsin nurse faces two felony charges for abuse of an elder person and mayhem after she allegedly cut off a dying patient’s foot without his consent. https://t.co/2ORQSXcwq9

— KSTP (@KSTP) November 6, 2022

The man had been admitted to the center in March with severe frostbite on both feet, according to WQOW. By May, it was believed that he was close to the end of his life, according to the criminal complaint.

According to authorities, witnesses said that Brown cut off the patient’s right foot on May 27 without permission from a doctor or the patient.

“Brown had no doctor’s order to conduct an amputation. She stated that she did not have any authorization to remove VICTIM’s foot. Brown did not have VICTIM’s permission to amputate his foot. Administrators of the nursing home agreed that it was outside of the scope of Brown’s practice to conduct such a procedure and a doctor’s order was necessary prior to any amputation,” according to the criminal complaint.

A nurse later told police that Brown said she intended to preserve and display the foot, according to KSTP.

Kevin Larson, the administrator and CEO of Spring Valley Senior Living and Health Care, said Brown is no longer employed with them.

Brown is facing two felony charges of abuse of an elderly person and mayhem, which carries a maximum penalty of 40 years in prison but could be higher because the victim is an older person, WQOW said.

A nurse told police she spoke with the victim after the amputation, who told her he felt everything during it, and it hurt very bad. https://t.co/G1ukvdHMas

— WQOW News 18 (@WQOW) November 4, 2022

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Hospice nurse charged for allegedly cutting off man’s foot without permission

Massachusetts Senate Passes Legislation To Help People With Disabilities Live Independently

In full transparency, the following press release was submitted to SOURCE media by the Senate President’s office.

BOSTON – The Massachusetts State Senate on Thursday passed two bills to help people with disabilities live independently in Massachusetts.

First, An Act expanding wheelchair warranty protections for consumers with disabilities takes steps to ensure that people with physical disabilities who rely on wheelchairs are not stranded for long time periods in the event of the breakdown of an in-warranty wheelchair.

Second, An Act relative to supported decision-making for agreements for certain adults with disabilities recognizes supported decision-making as an alternative to guardianship, allowing certain people with disabilities to retain greater decision-making power over their lives.

“I have fought my entire career to make Massachusetts a more inclusive place for people of all abilities to live, work, and play,” said Senate President Karen E. Spilka (D-Ashland). “It is especially fitting that the Senate has passed these bills on the same day that we adjourn in memory of Paul Spooner, a committed and tireless disability rights and inclusion activist working in MetroWest and a dear friend of mine. By helping us move closer to our goal of ensuring that all people have opportunities to live independently, we honor Paul’s legacy and make the Massachusetts a more compassionate and accessible Commonwealth. I want to thank the many Senators who worked to ensure the passage of these bills, including Senators Rodrigues, Lovely, Cronin, Moran, and Gomez.”

Having passed the Senate, the bills now go to the House of Representatives for consideration.

“The passages of these bills today speak volumes of the Senate’s long and unwavering commitment to making life better for people with disabilities,” said Senator Michael J. Rodrigues (D-Westport), chair of the Senate Committee on Ways and Means. “Thank you to Senate President Spilka for her steadfast leadership for putting the issues of accessibility and inclusion front and center, ensuring we do what’s right for our people, and thank you to Senators Lovely, Cronin, and Moran for your leadership on these critically important bills. Because of our collection today to support wheelchair users and recognize supported decision-making agreements, we have made our Commonwealth stronger and more inclusive.”

Expanding Wheelchair Warranties

Wheelchair repair poses substantial problems for people with physical disabilities in Massachusetts. In the event of a wheelchair breaking or otherwise failing to function, it is not uncommon for those who use wheelchair to need to wait for weeks for repairs, including for wheelchairs under warranty. This leaves these individuals stranded at home and unable to go to work, school, medical appointments, grocery shopping, or elsewhere. This creates a crisis for individuals and families and often exacerbates other health conditions. Existing state law does not set any timeline for assessing repairs or require dealers to offer wheelchairs on loan within a fixed time period.

Legislation passed by the Senate today addresses these problems by strengthening consumer protections for those who use wheelchairs. The legislation requires that wheelchair manufacturers, lessors and dealers provide consumers with written notification of the warranty for their wheelchairs, and increases the minimum duration for an express warranty on wheelchairs to two years. If an in-warranty wheelchair stops functioning, the bill requires that manufacturers, lessors, and dealers assess the wheelchair within three days, provide a temporary wheelchair on loan within four days, and cover collateral costs to the user.

“I am so grateful to Senate President Spilka for her commitment to expand consumer protections to support the independence and dignity of our disability community. This bill’s passage is an important step forward to protect wheelchair users and their families,”” said Senator John J. Cronin (D-Lunenberg), chair of the Joint Committee on Municipalities and Regional Government. “The bill implements critical protections in the law to prevent wheelchair users from being stranded in their homes for prolonged periods when their wheelchair or mobility device becomes inoperable.”

To enforce these new requirements, the bill authorizes the state attorney general and consumers to commence legal actions against any violation of provisions protecting wheelchair users from unfair and deceptive business practices relating to warranty-fulfillment.

Independent living through supported decision-making agreements

Supported decision-making is an alternative to guardianship for individuals with an intellectual or development disability, dementia, or mental health diagnosis. Unlike in traditional guardianship, where a guardian makes medical, financial, or other life decisions for a person with disabilities, supported decision-making allows an individual with a disability to make his or her own decisions with the support of a designated person or team of trusted supporters. In such an agreement, ‘supporters’ assist in communicating and understanding decisions but cannot override an individuals’ own choices.

“I am incredibly proud that this life-changing legislation has advanced through the Senate,” said Senator Joanne B. Lovely (D-Salem), chair of the Senate Committee on Rules. “Supported decision-making agreements maximize the dignity, freedom, and independence of persons with disabilities and provide a proven, cost-effective, and less restrictive alternative to guardianship. Thank you, President Spilka, Chair Rodrigues, and the many advocates who worked tirelessly to move this bill forward. Everyone should have the opportunity to be the decision-maker of their own lives, and this legislation will empower many for whom that was not previously possible.”

“People with disabilities deserve the freedom to maintain their independence and dignity,” said Senator Susan L. Moran (D-Falmouth), chair of the Joint Committee on Consumer Protection and Professional Licensure. “I’m proud to vote for this bill to enable supported decision making for people with disabilities, and take another strong step in supporting residents with disabilities in the Commonwealth.”

“I have had the opportunity, as the Senate Chair of Children, Families and Persons with Disabilities to meet with many individuals across our state who are both strong advocates for supported decision-making and could greatly benefit from this bill,” said Senator Adam Gomez (D-Springfield), Chair of the Senate Committee on Children, Families and Persons with Disabilities. “Supported decision-making is a no brainer that allows individuals, including those with disabilities and elders, to maintain their rights and independence, allowing them to choose one or more trusted advisors to provide assistance in making decisions about their lives. I am thrilled that this legislation is moving forward and I know it will change many lives.”

The legislation passed by the Senate today legally recognizes supported decision-making agreements, acknowledges them as a viable alternative to guardianship for some individuals, and establishes guardrails to ensure that these agreements keep an individuals’ best interests at heart. In cases where there is evidence of undue influence or coercion, the law renders such decision-making agreements invalid. The legislation permits members of the public, and requires mandated reporters, to petition the Probate and Family court to revoke or suspend a supported decision-making agreement in cases where there is suspicion of abuse, neglect or exploitation.

Under the bill, the Executive Office of Health and Human Services will create training on supported decision-making, and the Department of Elementary and Secondary Education will assist in informing students and their families or guardians about supported decision-making as needed.

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Massachusetts Senate Passes Legislation To Help People With Disabilities Live Independently

AG Nessel Intervenes in Wayne County Guardianship Case, Reminding Attorneys and Professional Guardians of Their Responsibility to Safeguard Vulnerable Adults

November 03, 2022

LANSING – Attorney General Dana Nessel filed a notice to intervene on behalf of the people of the State of Michigan in a Wayne County guardianship case. This action comes three years after the first intervention in a Macomb County guardianship case. 

In October 2021, Patricia Dudek was appointed guardian and conservator for an individual with a $30,000 yearly income who also received an inheritance of about $42,000.

Dudek’s own accounting illustrates that between October 2021 and June 2022 she billed the protected person about $79,000 for less than a year’s work. Within about five weeks of receiving the protected individual’s $42,000 inheritance and before any assets were filed with the probate court, Dudek paid herself more than the protected individual’s entire inheritance, including charging for work she had not yet performed.  

A fiduciary is an individual or organization who has a legal duty to act in the best interest of someone else with a duty to act with the highest degree of honesty and loyalty toward the protected person, including the duties of undivided loyalty, care and prudence in actions. Dudek charged her legal hourly rate of $350 for guardianship and conservator services and billed the protected person with more than 630 pages of text via emails. Dudekisaccused of breaching her duty as follows:

• Charging excessive and duplicative fees.
• Billing for services she represented would be free.
• Failing to guide the protected person to services he could afford.
• Failing to submit a bond as required by the court for her conservator work.
• Paying herself before services were provided. 
• Failing to send the protected person or any other interested person (e.g., the protected person’s wife or his niece) information related to her services, billing practices, or copies of monthly bills. 
• Failing to provide the protected person and the probate court with bills consistent with the court rules that require a “brief description of the services.”

These allegations follow a 2020 suspension for 90 days of Ms. Dudek’s license to practice law for among other things, charging a client an excessive fee.

“While most guardians and conservators work tirelessly for modest pay to ensure those under their supervision are well cared for, this case serves as additional notice that my office will not hesitate to challenge anyone who breaches their duty of loyalty to the most vulnerable among us,” said Nessel. “My continued thanks to Lakeshore Legal Aid who brought this case to our attention and all those working with the Elder Abuse Task Force to improve Michigan’s guardianship and conservatorship system.”

Any individual who believes they or a loved one have been taken advantage of by an attorney serving as a guardian or a conservator may file a grievance with the Attorney Grievance Commission.

If the guardian or conservator is not an attorney and the file is still open with the probate court, the complaint should be directed to the probate court where the guardian or conservator is serving.

The Attorney General’s Notice of Intervention and Objections to Dudek’s Amended Final Account of Fiduciary can be read here.

Source:
AG Nessel Intervenes in Wayne County Guardianship Case, Reminding Attorneys and Professional Guardians of Their Responsibility to Safeguard Vulnerable Adults

Jefferson Parish judge will give ruling Monday on Bob Dean nursing home settlement

by Cassie Schirm

JEFFERSON PARISH, La. — A Jefferson Parish judge rule on a proposed class-action settlement over nursing home owner Bob Dean Jr.'s deadly evacuation of 843 Louisiana residents during Hurricane Ida will happen Monday.

Dean is accused of evacuating seven nursing homes to a warehouse in Independence.

Conditions in the warehouse in Tangipahoa Parish quickly deteriorated, with one lawsuit claiming things were "horrific."

At least four people died, and the state quickly shut down the site and transferred residents.

Records show Dean wasn't there and ignored staff begging for help.

Since then, Dean has been, according to his attorneys, diagnosed with dementia at age 69 and under guardianship. His wife, Karen Dean, has been named his guardian.

Back in September, the class action council and the plaintiff attorneys met to discuss an all-or-nothing class action settlement that would be paid through insurance and give each resident roughly $17,000. That is not including attorney fees and costs.

Some lawyers requested additional time to determine if Dean has more money or assets to put toward a settlement.

In this week's hearings, Dean's attorneys argued that Dean is now at least $40 million in debt and now owes over $73 million in lawsuit judgments and that there was no way he would ever get out of the red.

Attorneys went on to say that he had no more money to give after having everything taken away from him.

Even though he was subpoenaed, Dean did not show up to court this week.

Matthew Hemmer, an attorney for the Morris Bart law firm, pushed back pointing out that Dean has not filed for bankruptcy, and they have not seen his full financials. Saying there could be more assets in the dozens of properties possibly connected.

Hemmer said if there is more money, the families have a right to fight for it.

"That's really what we're trying to get at," Hemmer said. "We want them to have the choice to be able to say this is a fair deal or no we want to chase them for more, that's what it comes down to. Should the victims have a choice."

Attorney Rob Couhig, co-class counsel, said the time is now as it's costing the families more by dragging it out mentally and financially saying the debt for Dean grows by $12,500 a day.

“We can’t bring back those five days, but we can make it a little bit better for the families and those who have survived,” Couhig said. “These people are dying. They’re old."

Since the evacuation over a year ago, attorneys believe more than 100 residents have passed away.

District Judge Michael Mentz said he would give a ruling by Monday on whether to approve the all-or-nothing class action settlement.

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Jefferson Parish judge will give ruling Monday on Bob Dean nursing home settlement

Caregivers defraud couple who fell ill in Florida Keys

by Andrea Torres

Deputies accused Joseph Bryon Symington, 41, of Big Coppitt Key, and Elizabeth McKay Jacobson, 40, of Key West, of defrauding a couple. (MCSO)

KEY WEST, Fla. – A man and a woman who were working as caregivers defrauded a couple who had fallen ill in the Florida Keys, the Monroe County Sheriff’s Office announced Wednesday.

Joseph Bryon Symington, 41, of Big Coppitt Key, and Elizabeth McKay Jacobson, 40, of Key West, worked for the couple in Sugarloaf Key for about a year and stole nearly $90,000, according to deputies.

The victims told deputies that they gave Symington and Jacobson access to their finances and when reviewing their bank statements they noticed there were unauthorized purchases from August 2021 to July 2022.

Deputies arrested Symington on Oct. 24 and Jacobson on Thursday. They are each facing charges of exploitation of the elderly, uttering a false bank bill note check draft, neglect of elderly disabled adult, fraudulent illegal use of credit cards, swindle, larceny, using an identification without consent, and forgery.

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Caregivers defraud couple who fell ill in Florida Keys