Tuesday, December 20, 2022

Judge appoints lawyer for Spears in incapacity case

By Alex Wood

Wesley Spears, 2020. (Journal Inquirer file photo)

A judge found last month that Glastonbury lawyer Wesley S. Spears, who had been representing himself in a case over whether he is “incapacitated and unable to practice law,” was “without adequate representation” in the case, and the judge appointed another lawyer to represent him at taxpayers’ expense.

Hartford Superior Court Judge Susan Quinn Cobb has also appointed a psychologist, Andrew W. Meisler, at taxpayers’ expense to evaluate whether Spears is incapacitated from practicing law “by reason of mental infirmity.”

Meisler is to be paid $300 per hour, the judge ordered.

Her order appointing the lawyer, David Channing, didn’t state a payment rate but said his fees should be “reasonable.”

The judge’s appointments of Channing and Meisler are the latest developments in the unusual case filed in September by the office of Connecticut’s chief disciplinary counsel for lawyers.

The judge ordered Meisler to have his written evaluation to her by Jan. 31.

Spears has been litigating the case actively, filing a number of motions to dismiss it, which the judge has denied.

Spears couldn’t be reached for comment on the judge’s appointment of the lawyer and psychologist.

When the judge first broached her intention to hire another lawyer to represent Spears, 68, she asked the two sides for recommendations on whom she should appoint.

Spears filed a one-sentence response saying he would leave it “to the Court’s discretion to select counsel for the defendant.” The chief disciplinary counsel’s office submitted no recommendation, according to the judge.

The disciplinary counsel’s office hasn’t given specific reasons for its belief that Spears may be incapacitated from practicing law.

The “presentment,” or complaint, the office filed in September says only that Spears may be incapacitated “by reason of physical and/or mental illness.”

Glastonbury police arrested Spears in October in a July incident in which police believe a gun was fired in his apartment in the 2 Glastonbury Place complex off House Street and Hebron Avenue.

That case, in which Spears is charged with illegal discharge of a firearm and evidence tampering, is pending in Manchester Superior Court.

Online state judicial records show that most records of the case are sealed from public view, probably indicating that Spears has applied for or been granted admission to a pretrial diversion program that can lead to dismissal of the charges.

Online state judicial records show that Spears represents defendants in 129 pending criminal and motor vehicle cases.

He represents a number of defendants in more than one case.

He represents parties in 13 civil and family cases, including a woman who is the defendant in a custody application filed in September in New Britain Superior Court, the online records show.

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Judge appoints lawyer for Spears in incapacity case

Ellsworth attorney disbarred after allegedly taking $189,000 from a client’s estate

Friends of a Milbridge man who died in 2018 had sought help since then to get eight $10,000 gifts distributed.

by Samantha Hogan

Christopher J. Whalley, was disbarred Monday at the Penobscot Judicial Center in Bangor. Photo by Fred J. Field.

Suspended Ellsworth attorney Christopher J. Whalley was disbarred Monday following a state disciplinary investigation for allegedly transferring more than half of a client’s estate to his law office’s bank accounts. 

Whalley had been ordered to immediately stop practicing law last February amid a state investigation into his alleged “misuse, or outright embezzlement” of client money, according to court documents. He appeared virtually at a hearing with his lawyer Walter McKee and signed an agreement Monday morning acknowledging the misconduct, or that the state could have proven the allegations had a scheduled two-day hearing taken place, McKee said. 

At the center of the controversy was the estate of Wilbur Knudsen, a Milbridge man who died in October 2018. Whalley is accused of moving nearly $190,000 from the deceased man’s $378,000 estate to bank accounts in Whalley’s control.

Knudsen intended for eight gifts of $10,000 each to be distributed to family members, friends and a local animal shelter, according to his will. The remainder of his estate was to be sold and divided between two grandchildren, which included setting up a trust to help one grandchild pay for college.

“He said he felt they were the ones that could truly use it financially,” Wendy Jipson, a family friend and neighbor of Knudsen, told The Maine Monitor.

Jipson said she was pleased with the disbarment.

“I’m pleased because there’s not a chance he could do this to another,” she said.

Jipson helped care for Knudsen near the end of his life — taking him grocery shopping and to the bank. She said she was at his bedside when Knudsen signed his final will, which Whalley prepared, making himself the “personal representative” of the estate with the power to distribute Knudsen’s assets after his death. 

Much of the money appears to have been paid to Whalley instead, according to court documents filed by the Board of Overseers of the Bar, an independent judicial agency that investigates and prosecutes attorney misconduct in Maine. Checks totaling $99,022 were eventually written to the beneficiaries of the will and creditors of the estate, according to court documents.  

The board of overseers filed seven counts against Whalley accusing him of violating the rules of professional conduct, including allegedly making false statements, taking an unreasonable fee, failing to keep a client’s property separate from his own, making advance payments to himself, and failing to diligently perform legal services or to comply with the Maine Probate Code. Whalley denied the alleged misconduct through his lawyer, McKee, in June.

“This is certainly a black mark. We would recognize that but at the same time it’s not the only thing that is the measure of a person. (Whalley) did a lot of good in Hancock County and many counties over his 31 years. Certainly this event was unfortunate,” McKee told the court Monday.

Christopher J. Whalley, bottom center, acknowledged his disbarment to Superior Court Justice Ann Murray, top center during a disciplinary hearing Monday at the Penobscot Judicial Center. Also present were, clockwise from upper left, William Devoe, Walter McKee (Whalley’s lawyer), Assistant Bar Counsel Suzanne Thompson and Bar Counsel Julia Sheridan. Photo by Fred J. Field.

McKee said the agreement was not an admission of criminal conduct. A spokeswoman with the Office of the Maine Attorney General confirmed the agency is investigating Whalley. 

Whalley and his lawyer declined the Monitor’s request for an interview. 

‘I’m still working on taking care of him’

Knudsen, a retired millwright, split his time between Milbridge and Port Charlotte, Fla. He was short with a big mustache, a “quirky little sense of humor,” said Karen Schevenieus, who cut his hair and whose father was one of Knudsen’s friends.

Wilbur Knudsen
Shortly after Knudsen’s death at age 79 in October 2018, Jipson gave the deed, checkbook and bank statements to Whalley at his request. She also agreed to look after Knudsen’s house each week to save the estate the cost of Whalley driving the 31 miles from Ellsworth to Milbridge to check on the home.

The home’s heating oil ran out in November 2018 and it took Whalley until January 2019 to approve Jipson’s requests that more oil be delivered, she said in a complaint to the board of overseers and an interview with the Monitor. When the boiler wouldn’t start, it took several more weeks for Whalley to approve a repairman to come, she said. By then the walls inside the home had cracked from the extreme cold. In May, seven months after Knudsen’s death, Emera Maine disconnected the electricity because bills had not been paid.

“This isn’t how (Knudsen) operated. When he got a bill, he paid it that day,” Jipson said in an interview.

Whalley met Jipson at the house in January 2019 and appraised the value of the contents at $2,000, according to probate records. He sold it all to Jipson except for a few items in the garage.

Jipson said she was told it would take three months to execute the will and distribute the money to the people in the will — including her own father, Everett West. But three months quickly turned into five months. Jipson told the Monitor her phone calls went unreturned and she didn’t see Whalley again until making an unannounced visit to his office in Ellsworth on March 29, 2019.

“That’s when I asked him, ‘Why now, Whalley? Why are we waiting now? And he knew, of course,” Jipson said in the interview. “My interest the whole time was not just because my dad is in the will. My interest is because these other people want their money. (Knudsen) left it to them — that was his last wishes — and I told him when I became his power of attorney, I would take care of him. And I’m still working on taking care of him.”

Jipson said Whalley promised during their meeting that he would write the checks the following week. 

Whalley instead paid himself $69,000 between June 2019 and August 2019 from Knudsen’s estate, according to the accusations filed by the board of overseers in court. Knudsen’s case file from that time period contained two letters that Whalley wrote to creditors and one letter from the county probate registers, which Whalley didn’t respond to at the time, according to court records.

In total, Whalley allegedly paid $189,375 to his law office and trust accounts with Knudsen’s money, according to a board analysis of banking records. The timing of the payments “is not consistent with any regular ‘billing cycle’ ” and the frequency of the checks written to Whalley’s law office is “not consistent with legitimate payments” for services rendered or expenses incurred, according to information filed by the board of overseers in support of further sanctioning Whalley.

Whalley wrote dozens of checks in round amounts — ranging from $500 to $8,000 at a time — to his law office, which was inconsistent with payments for services and expenses he billed to the estate, according to the board of overseers complaint. Whalley wrote additional checks ranging from $2,000 to $30,000 from Knudsen’s estate to his own trust account. 

Meanwhile, Whalley neglected Knudsen’s other assets that were to be divided between two grandchildren. His largest assets — the house — sat vacant for nearly two years. A close friend reported Whalley to the board of overseers in June 2019. 

Then, Jipson reported Whalley to the board of overseers as well on July 3, 2019, according to a copy of the complaint provided to the Monitor that noted the deteriorating condition of her late friend’s house.

“This home sits directly on the ocean and is worth over $200,000. It’s an absolute shame to watch it be neglected, and to know that Wilbur would be heartbroken at the shape it’s in. It was his pride and joy and it gave him such joy and pleasure to sit on the deck and watch the lobster boats in the bay. Mr. Knudsen’s last wishes are not being carried through. He trusted Mr. Whalley to handle his affairs and Mr. Whalley is not fulfilling his duties and obligations to Wilbur. Something needs to change,” Jipson wrote to the board. 

Court records show the board of overseers opened an investigation in 2019 but agreed to delay taking action. Through 2020 and into 2021, Whalley asked for extensions to finish his work on the estate. Then he stopped responding and in April 2021, the board of overseers reopened the investigation, records show.

Three prior suspensions

This is not the first time Whalley has been investigated by the board of overseers.

Whalley was suspended for three months in 2003 but was allowed to continue practicing law as long as he agreed to be monitored by an attorney for a year. A judge ruled that Whalley had engaged in the “improper handling of client trust funds” during a case where he simultaneously represented multiple people and businesses from whom a woman had stolen tens of thousands of dollars, according to board records. 

Whalley was later reprimanded — the lowest tier of public discipline — in 2005 for having a conflict of interests and again in 2008 for his lack of attention to a time-sensitive divorce case, according to board records. The records also reveal Whalley was also given warnings in 1995, 2000, 2001, 2005 and 2015.

In 2007, Whalley was suspended again — this time for 30 days — for neglecting a client’s case and for not diligently pursuing another matter. He was again allowed to continue practicing law as long as he agreed to be monitored for another year. 

Whalley was suspended for a third time in April 2021, after he was found to have forged a client’s signature on a document submitted to the court years earlier, Superior Court Justice Ann Murray ruled. The suspension was supposed to last a year, though again he was allowed to continue working as long as he participated in a psychological evaluation and treatment.

Penobscot County Superior Court Justice Ann Murray accepted an agreement to disbar Christopher J. Whalley during a disciplinary hearing Monday. Photo by Fred J. Field.

By the time Whalley was suspended in 2021, the board of overseers had already received complaints from Jipson and another person about Whalley’s handling of Knudsen’s estate.

While still on probation, the board of overseers requested in February that the court immediately suspend Whalley from practicing law. The state didn’t notify Whalley or his attorney prior to sending the request.

“… The board has determined that exigent circumstances exist in this case due to attorney Whalley’s extensive prior disciplinary history, and his continued access to substantial amounts of client funds that are susceptible to misappropriation or embezzlement in the event he receives prior notice of this request for his suspension,” the board wrote.

The court granted the emergency request. During his fourth suspension in nine years, Whalley would finally be ordered to stop practicing law while the state investigated. 

Elder financial exploitation

Older adults in Maine collectively lose at least $4 million annually as a result of financial exploitation, according to an analysis of Adult Protective Services and Legal Services for the Elderly cases. 

The majority of abuse and financial exploitation is done by family members, who may take money from bank accounts, get deeds transferred to themselves or evict older family members from their homes, said Jaye Martin, executive director of Legal Services for the Elderly, which provides free legal services to Maine residents age 60 and older when their basic needs are at stake. 

Exploitation by a financial advisor or trusted professional is far less common, she said.

“All of this is really hard for people to picture and imagine. I think all of us want to think of it like, ‘Oh, those doggone romance scams’ or grandparent scams or all the anonymous scamming, which is very predatory and very awful, but it isn’t doing near the harm that the familial exploitation is doing,” Martin said.

For this reason, Martin recommends that seniors consult an attorney when writing wills, healthcare directives or documents giving a person power of attorney. Lawyers are beholden to professional rules of conduct and ethical standards, which if broken have consequences, she said.

Martin declined to comment on any specific case. In general, Martin said it can still be considered financial exploitation if the person is dead, because the final wishes for the assets aren’t being honored.

Martin co-chaired the Elder Justice Coordinating Partnership that was formed by Gov. Janet Mills, which brought together private and public groups to evaluate Maine’s response and prevention of elder abuse. The group released a report in December 2021, which was to be a “roadmap” for how the state could improve. 

Among the “top priority” recommendations were that Maine assign a dedicated elder fraud prosecutor within each district attorney’s office to make it more likely that cases were pursued. They also recommended that there be more forensic auditing resources to support law enforcement in investigating financial exploitation cases. 

In response to the board of overseers case against Whalley, the court assigned a lawyer to take control of client files and computers at Whalley’s law office. The lawyer reported to the court earlier this year that he had spoken with the attorney general’s office and Maine State Police, court records show. Jipson also told the Monitor that she had been contacted by a state trooper about Whalley.

“The case is under investigation by the Office of the Attorney General,” Danna Hayes, a spokeswoman for the agency, wrote in an email to the Monitor.

Probate court unable to intervene

What happened to Knudsen’s estate was sad, unusual and the result of a “perfect storm” of problems, said Carlene Holmes, who has worked as register of probate in Washington County for 24 years and plans to retire on Jan. 1. 

The register office for the Washington County Probate Court has three employees, including Holmes. At three different occasions, there were job vacancies and new people who needed to be trained while Knudsen’s case was open. The COVID-19 pandemic also shut down the office and forced them onto new laptops and new technology. 

“We couldn’t have been any busier,” Holmes said.

Holmes sent letters to Whalley asking him to complete necessary tasks, like notifying Knudsen’s heirs of the case. Whalley had a string of excuses, she said.

Knudsen’s friend, Dale Schevenieus, wrote letters, submitted editorials and called Holmes about his concerns with how Knudsen’s estate was being handled. He witnessed Knudsen sign the will, but wasn’t named as a beneficiary so he had no authority to intervene in the probate case, Holmes said. The court’s hands were tied.

“He wanted the judge to ‘do something, do something,’ and there’s nothing we can do until somebody files something. And it has to be an interested party,” Holmes said. 

One of the beneficiaries requested a final settlement and distribution of the estate nearly a year after Knudsen’s death, probate court records show. It doesn’t appear she took all the necessary steps to intervene in the will. 

As the third anniversary of Knudsen’s death approached, probate judge Lyman Holmes ordered Whalley to provide the register with addresses of Knudsen’s surviving relatives and file an inventory of the estate. 

By the time Whalley wrote checks to the beneficiaries of the will, Jipson’s father and Margaret Deoca — a friend of Knudsen’s wife, Sue — had died and didn’t receive the $10,000 that was promised. Schevenieus died from a COVID-19 infection in December 2021, two months before the court suspended Whalley, according to his daughter, Karen.

She said her father, Dale Schevenieus, fought until the very end to have his close friend’s final wishes followed.

“He didn’t like anyone being bad to anyone else. He stood his ground,” Karen Schevenieus said.

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Ellsworth attorney disbarred after allegedly taking $189,000 from a client’s estate

The cost of forgetting: Dementia's tax on financial health

By Sarah Boden

Jonnie Lewis-Thorpe, 82, lost her home due to financial missteps that her daughter, Angela Reynolds, 53, says were caused by Alzheimer's disease. Lewis-Thorpe now lives with Reynolds in Pittsburgh.

The signs were there: unpaid bills, unusual cash withdrawals and, oddly, the mortgage of the family home refinanced — at a higher interest rate. Angela Reynolds worried when her mother’s refrigerator was nearly empty. But she missed the trail of financial flags until it was too late.

The warning came for Sharon Gwinn when the grocery store declined her credit card, despite a healthy account she held with her husband. She contacted her bank, assuming it was fraud. It wasn’t.

As the power-of-attorney agent, Gina keeps careful watch over her grandmother’s finances. But that didn’t stop a relative from allegedly taking $54,000 when an opportunity presented itself.

All three families stumbled into a hard reality that faces more and more aging Americans: The financial consequences of cognitive functions lost to various neurological diseases. The costs of these illnesses — Alzheimer’s disease alone is projected to affect 7.7 million Americans over age 65 people by 2030 — are enormous.

Isolated or ill seniors are more vulnerable to exploitation by scammers or financial abuse from family members. Other times, people buy things without reason, piling their homes with unopened boxes or draining their savings. Or older adults impulsively give away large sums of money. This all puts their homes, retirement savings and inheritances at risk.

Despite the commonality of those risks, solutions remain elusive. Congress hasn’t made it a priority. Financial institutions are slow to act, arguing that they have neither the ability nor authority. Aging parents and adult children alike can be paralyzed by the prospect of uncomfortable conversations, so they avoid them. Until that changes, families are left on their own to navigate a challenging maze of emotions, actions and consequences.

Meanwhile, a growing body of research is clear: Financial problems are not just a result of dementia but can be a predictor of it.

Biology: complexity and inevitability

One weekday during the spring of 2018, Angela Reynolds sat next to her 77-year-old mother in a courtroom in downtown New Haven, Connecticut. She listened in discomfort as strangers revealed intimate details of their finances in a public setting.

Then it hit her: "Wait a second, we're going to have to go up there, and someone's going to be listening to us.”

Reynolds was there with her mother, Jonnie Lewis-Thorpe, because the family home was in foreclosure. The daughter hoped that if she explained to the judge that her mother had Alzheimer’s disease, which had caused a series of financial missteps, then she could stop the seizure of the property.

Jonnie Lewis-Thorpe and Angela Reynolds looking at photographs from the family's past.

Alzheimer’s had crept into Lewis-Thorpe’s life. A widow, she had lived alone for several years and had made arrangements, including naming Reynolds as power-of-attorney agent. But Reynolds lived 450 miles away in Pittsburgh and wasn’t there to see the incremental declines. It wasn’t until Reynolds began reviewing her mother’s bank statements that she realized Lewis-Thorpe — once a hospital administrator — had long been in the grip of the disease.

“We thought it was just a normal part of aging,” recalled Reynolds. “By the time we caught on, it was too late.”

Financial problems are a common reason family members bring their loved ones to the office of Robin Hilsabeck, a neuropsychologist at the University of Texas at Austin Dell Medical School who specializes in cognitive issues.

“The brain is really a network, and there are certain parts of the brain that are more involved with certain functions,” said Hilsabeck. “You can have a failure in something like financial abilities for lots of reasons caused by different parts of the brain.”

Some of the reasons stem from the simple act of aging, as Reynolds assumed about her mother. But when a person’s cognition begins to decline, the problems can grow exponentially and follow different paths.

Age, dementia and disease

Alzheimer’s has become a cultural umbrella term for dementia; the two words are often used synonymously. But this is a misnomer. Dementia is not classified as a disease per se, but rather it is a syndrome involving the loss of cognitive abilities. The cause can be one of several neurological illnesses, including Alzheimer’s or Parkinson’s, or it can result from brain damage such as a stroke or head injury.

In most cases an older adult’s dementia is progressive. The first signs often manifest in memory slips along with changes in high-level cognitive skills that deal with organization, impulse control and the ability to plan — all critical for money management. The causes of dementia vary, as do the financial woes it can cause.

For example, with Alzheimer's comes a progressive shrinking of the brain’s hippocampus. That’s the catalyst for memory loss which, early in the disease — sometimes before loved ones notice — can result in a person forgetting to pay their bills.

Lewy body dementia causes fluctuating cognition: A person veers from very sharp to extremely confused, often within short passages of time. “They might be perfectly fine making a financial transaction early in the day,” says Hilsabeck. “Then later in the day they may not be able to do it.”

Those with frontotemporal dementia might suffer a loss of nerves in the part of the brain that governs impulse control and problem solving. That can lead to large, spontaneous purchases — actions a healthy brain would have tempered.

Vascular dementia, which sometimes accompanies a stroke, reduces blood flow to the brain. That can undermine planning, processing and judgment, making individuals easier to defraud.

"They answer the phone, and they talk to the scammers," says Hilsabeck. "The alarm doesn't go off in their head that this doesn't make sense."

Even before or without developing some form of dementia, people can experience mild cognitive impairment, or MCI — a reality that affects 10-20% of people 65 or older. They can be easily confused, struggle to recall names and even have issues with judgment. While this population isn’t as vulnerable as people with dementia, they are at heightened risk of financial mistakes or more likely to become victims of fraud than the general population.

Sometimes MCI is just a facet of aging, along with joint pain and graying hair. But it’s often the early presentation of diseases such as Alzheimer’s or Lewy body dementia. Studies have found that 10-15% of people with MCI develop dementia every year; within five years, roughly half of people with MCI will get it.

“Financial decision making is very challenging cognitively,” says Dr. Jason Karlawish of the University of Pennsylvania’s Penn Memory Center. “So, if you have even mild cognitive impairment, you can make mistakes with finances, even though you're otherwise doing generally OK in your daily life.”

Some of those mistakes are irreversible. Despite Angela Reynolds’ best efforts on behalf of her mother, foreclosure of the family home went through in 2018, about a month before Thanksgiving.

Property records show that Lewis-Thorpe and her husband bought the two-bedroom Cape Cod for $20,000 in 1966. Theirs was one of the first Black families in their New Haven neighborhood. During that half-century, Lewis-Thorpe hosted church cookouts in the backyard and celebrated Christmas with her two daughters and eight grandchildren in the living room. Members of the local chapter of Negro Business and Professional Women Clubs gathered at her dining room table to talk politics and business ventures.

Lewis-Thorpe had achieved the American dream of middle-class professionalism and planned to pass that prize of generational wealth onto her children.

Instead, U.S. Bank owns the property. A 2022 tax assessment lists its value at $203,900.

Financial accountability

Sharon Gwinn and her husband had been married almost 30 years when she cleared out their savings and checking accounts, transferring them to her name only. It felt horrible, like she was stealing, but short of losing everything, she was out of options.

Sharon Gwinn, 63, was widowed in 2018 after her husband, Richard, died of Lewy body dementia.

That was some 20 years ago. Gwinn’s husband was still working as a hospital orderly when he started to spend money erratically. One Thursday night he racked up a $3,000 tab at a Pittsburgh cop bar, buying rounds for strangers. Gwinn discovered his splurge — something totally out of character for him — when her credit card was declined at the grocery store. That’s when she realized that her husband was showing the first of a series of cognitive changes that eventually would be diagnosed as Lewy body dementia.

“He drove for years after his financial awareness was gone,” Gwinn says. “It’s just this one area. It’s what attacked his brain first.”

Changes in financial habits are a common early sign of cognitive decline, according to Penn’s Karlawish. He often sees patients who are navigating financial disasters. What he doesn’t see are changes in banking practices or regulations that would mitigate the risks that come with aging and dementia.

Richard and Sharon Gwinn dancing at their eldest daughter's wedding.

“A thoughtful country would begin to say we've got to come up with the regulatory structures and business models that can work for all,” he says, “not just for the 30-year-old.”

The vast population of Baby Boomers is entering retirement age with significant capital. While members of that generation accounts for 22% of the overall population, Federal Reserve Data shows that they hold just over half the household wealth in the U.S.

Gwinn, now 63 and a widow, is part of that generation. While she protected herself and her husband from financial ruin, Gwinn worries that if she, too, develops dementia, she could bankrupt herself before anyone notices. That would leave her at the mercy of taxpayer-funded programs such as Medicaid for her long-term care or burden her children with making near-impossible decisions about her daily life.

“The thing that bothers me the most is my liquid money,” she says. “[My kids] do not know my day-to-day spending habits.”

Political inaction

No firm data tracks how many older adults rely on public assistance as the result of financial mistakes caused by cognitive decline; they get lumped in with everyone else receiving government support.

But a growing body of research shows that people with dementia face worse financial outcomes. A 2020 study from Johns Hopkins University of 81,000 Medicaid beneficiaries found that people with Alzheimer's and related dementias started to develop subprime credit up to six years before a formal diagnosis. It is among a cluster of studies that point to financial problems as a possible warning sign — rather than just the fallout — of cognitive decline.

Despite that evidence and the aging of America, the risk-averse financial industry is reticent to act. Nor have lawmakers made the financial safety of older adults a priority.

The last time elder wealth management was addressed in major legislation on the federal level was 2018’s Senior Safe Act. The law gives immunity to financial institutions in civil and administrative proceedings in instances where employees report possible exploitation of a senior — provided the bank or investment firm has trained its staff to identify exploitative activity.

It’s a lackluster policy, says Naomi Karp, an expert on aging and finances who spent eight years as a senior analyst at the Consumer Financial Protection Bureau’s Office for Older Americans. That’s because the act makes staff training optional, and it lacks oversight.

Avoid these characteristics when selecting a financial advocate/caregiver

  • Dishonest or secretive
  • Doesn’t pay bills on time
  • Owes money
  • Faces personal legal or financial troubles
  • Has a serious mental health or addiction issue
  • Likes to gamble
  • Has a strong sense of entitlement
  • Doesn’t get along with the people who matter to you

Source: Thinking Ahead Roadmap

“There’s no federal agency that's charged with covering it or setting standards for what that training has to look like,” Karp says. “There’s nothing in the statute about that.”

One corner of the financial industry that has made modest progress is the brokerage sector, which concerns the buying and selling of securities, such as stocks and bonds. Since 2018, the Financial Industry Regulatory Authority — a non-governmental organization that writes and enforces rules for brokerage firms – has required agents to make a reasonable effort to get clients to name “trusted contacts.”

These trusted contacts are similar to emergency contacts listed for health care providers or even airlines. They’re notified by a financial institution in the case of concerning activity on a client’s account. The notification will include a basic explanation of the situation without revealing specific financial information.

Ron Long, the recently retired director of elder client initiatives at Wells Fargo, explains it this way: “It appears [the client] has fallen in love with someone in Belarus, and it appears to be a person who is taking advantage or exploiting.”

But the trusted contact has no authority. The hope is that once notified, the named relative or friend will talk to the account holder.

It’s a start, but a small one. This low-stakes effort is limited to the brokerage side of operations at Wells Fargo and most other large institutions. The same protection is not extended to clients’ credit cards, checking or savings accounts.

Industry reluctance

When she was at the Consumer Financial Protection Bureau, Naomi Karp and her colleagues put out a set of recommendations for companies to better protect the wealth of seniors. The 2016 report included employee training and tweaks to fraud detection systems.

“We would have meetings repeatedly with some of the largest banks, and they gave a lot of lip service to these issues,” Karp says.

Karp has seen some smaller community banks and credit unions take proactive steps to protect older customers — such as comprehensive staff training and improvements to fraud detection software. But there’s a hesitancy throughout the industry to take more decisive action, which seems to stem, in part, from fears around liability, she says. Banks are concerned that they might get sued — or at least lose business — if they intervene when no financial abuse has occurred or a customer's transactions were benign.

A stair lift once used by Sharon Gwinn's husband, Richard, sits at the entrance to the basement.

Policy solutions that address financial vulnerability also present logistical challenges. Expanding the use of something such as the trusted contact program isn’t like flipping a light switch, says Long of Wells Fargo. “You have to solve all the technology issues: Where do you house it? How do you house it? How do you engage the customer to even consider it?”

For it to work, people would need trusted contacts for all their financial accounts: savings, checking, loans and multiple credit cards. The extensive list can span several companies — none of which is authorized to talk to each other about an individual client’s account.

The tech world offers some solutions. SilverBills is a concierge service that makes sure bills are paid on time and inspects invoices for fraud and errors. Whealthcare gathers trusted contact information, assesses people’s money management abilities and outlines steps clients can take to keep their finances safe. And EverSafe scans accounts for unusual spending, such as the huge bar tab that Sharon Gwinn’s husband tallied.

“Those really smart scammers aren't just going to steal a huge amount from one account,” says Liz Loewy, EverSafe’s chief operating officer, as well as the former chief of the elder abuse unit at the New York County District Attorney’s Office. “They usually are smart enough to start small and cover more than one account at more than one institution.”

Not everyone can afford a service like EverSafe: packages range from roughly $7 to $26 a month. But such a service might have helped Gwinn, who couldn’t prevent her husband from signing up for new credit cards even after she took control of the couple’s finances. After consulting her four children, she decided to purchase the basic package. Now Gwinn’s oldest daughter, who is designated as her power-of-attorney, will be notified if EverSafe flags anything unusual. This added protection makes Gwinn feel lighter.

“She can hopefully help me nip things in the bud before I get myself into trouble,” Gwinn says.

Fraud and exploitation

A red folder holds records of financial transactions dating back about five years from the savings and checking accounts held by Gina’s grandmother. Combined, the accounts consistently hovered around $54,000 until Oct. 3, 2022. That’s when, according to Gina, the accounts were emptied by a close relative. (At the family’s request, WESA is not using Gina’s last name or identifying her grandmother, who has dementia.)

Gina traces events back to a hospital visit. Her grandmother had taken a bad fall, and Gina and the relative faced off at her bedside. Old resentments boiled over into shouting: another family member who witnessed the incident said security had to be called. The next day, Gina says, the money was missing from her grandmother’s account.

Gina says she had to involve law enforcement after a relative drained her grandmother's accounts.

Gina was there when her grandmother phoned the relative about the money. She says the relative deflected, shifting the conversation to the grandmother’s condition, and then denied responsibility about the empty accounts: “At one point, [the relative] blamed other family members.”

A University of Southern California 2019 study of calls reported to the National Center on Elder Abuse found that the majority of calls (55%) alleged financial abuse and that family members are most often cited as the perpetrators of any kind of mistreatment.

Pittsburgh-area elder law attorney Kim Orlando who represents victims of financial abuse, estimates that 80% of her clients suffer from some form and degree of dementia. Many also suffer from loneliness.

“They’re so easy to take advantage of,” Orlando says. “It's almost as if they're being groomed.”

The National Council on Aging estimates that seniors in the U.S. lose $36.5 billion every year due to elder financial abuse. (In comparison, last year Americans spent $45 billion in out-of-pocket costs on nursing home and other institutional care.) The amount of money taken from older adults via abuse and exploitation is likely an undercount: A study from New York found that for every documented instance of elder financial exploitation, another 44 cases go unreported. It's also hard to say what percentage of victims of elder fraud have dementia or MCI, though it's widely agreed these conditions put people at greater risk.

Investigating alleged financial abuse is time-consuming and often requires specialized expertise in accounting and law. That is further complicated when victims are reluctant to accuse a relative or friend, or when dementia leaves them unaware they were victimized.

“There are too many of these cases out there for us to work all of them,” says Brooklynn Riordan, the supervisory special agent of the complex financial crimes section of the FBI’s Pittsburgh field office. To bolster official investigations, the agency launched a campaign to educate older adults about their risk.

The added challenge of investigating cyber-based scams, especially when they originate outside the U.S., makes guilty verdicts rare. But Riordan encourages people to report any suspected fraud. While a single and relatively small loss — a few thousand dollars — might not ignite an investigation, it could add to a pattern of fraud targeting multiple victims.

When Gina tried to recover her grandmother’s $54,000, she says she faced a daunting gantlet. It was hard to convince the bank to provide documentation despite her authority as power-of-attorney. A Pittsburgh police detective assigned to the case told her there was nothing he could do; the relative had been named on her grandmother’s accounts years earlier and those documents hadn’t been updated, although the relative was not participating in her caregiving and did not have permission to withdraw funds. Gina also contacted the Social Security Administration, Pennsylvania’s Department of Aging, and reached out to her state senator and a Pittsburgh city council member. Her efforts went nowhere.

Eventually, Gina emailed WESA; a reporter referred her to the Pittsburgh nonprofit Center for Victims. An advocate there then connected Gina to an investigator at the Allegheny County District Attorney’s office.

Gina and her grandmother look at their Christmas tree.

An Oct. 13 email from detective Jackie Weibel confirms Gina’s account: “You recently sent an email to a local radio station about a situation with your grandmother. I have been assigned to investigate the matter … What does your schedule/availability look like for the next two weeks.”

That route isn’t open to everyone. Unlike Allegheny County, which is the second-most populous county in Pennsylvania, many local jurisdictions lack specialized fraud investigators. To narrow that gap, the Pennsylvania Department of Aging recently received a federal grant to create a team of specialists to support smaller agencies. But the four-person unit has the bandwidth to cover just a fraction of the state’s elder financial fraud cases. A spokesperson says investigators will focus on more complex cases involving higher dollar amounts and with multiple financial assets.

Katie Blackley
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90.5 WESA
Gina's grandmother looks through a word search book, which she enjoys doing in her free time.

Orlando, the elder law attorney, says in her experience she hasn’t seen law enforcement get involved unless the potential for recovery was at least $250,000: “That is not something they would want to utilize taxpayer resources to investigate.”

But Pennsylvania AARP's Director of State Advocacy Teresa Osborne told WESA in August that she hopes the unit’s investigations will result in more criminal prosecutions.

"Generally, we see financial elder abuse treated only as a civil matter, which means there is no jail time or criminal record for the abuser,” Osborne says. “The penalty may be just returning the stolen assets or money.”

In Gina’s case, the hint of criminal prosecution may have been enough. She had feared the relative who tapped her grandmother’s accounts would spend the money before it could be recovered through the legal system. But the money was returned. While Gina says she is still angry, she won’t push for criminal charges.

“To drain accounts that bills are still coming out of … They didn’t care about overdraft fees, they didn’t care about utilities being cut off,” says Gina. “It was very shameful.”

Hope and reality

When it comes to the tricky mix of cognitive decline and money management, the deck is stacked against aging Americans. Unless policymakers and financial institutions step up, it’s left to families to make a collaborative plan around aging and finances.

That’s far easier said than done. It requires people to acknowledge the inevitability of death — their own and that of those they love — and of the physical, mental and financial realities of aging. Even in the best of circumstances, money is a touchy subject — one that can raise discomfort and hackles, and one that is often considered no one else’s business.

"Money can represent stability, control, power, autonomy and safety," says New York City-based therapist Matt Lundquist.

Lundquist, who specializes in financial family therapy, says asking a person to relinquish control of their finances can be a massive hit to their sense of self. Think of it as a giant step up from asking someone to give up their car keys.

So, it's crucial not to blindside family members with this big talk; instead, Lundquist advises that people give a heads-up that money issues need to be discussed: "It makes a difficult conversation much more likely to go well."

Again, easier said than done. Attentiveness and love don’t erase those challenges.

Angela Reynolds says household finances weren’t discussed in her family. That, and her busy life two states away, created inevitable barriers to awareness of her mother’s plight. Still, she blames herself for the loss of the family home. "It's my mother. I'm going to feel guilty."

Sharon Gwinn doesn't want to be financially dependent on her adult children as she ages. "What I have, I want my money to be spent for my care and I don’t want to burden them."

Gwinn wants to protect her children from bearing a similar guilt. But she knows it’s unlikely her bank, credit card company and medical providers will spot red flags in time if dementia siphons away her retirement savings. She subscribed to a basic EverSafe service and will consider adding safeguards as she ages.

Gina’s grandmother got her money back. But Gina regrets not pushing for updates to legal documents, including which relatives had access to the accounts, that would have prevented any exploitation. She knew there was a risk — but deferred to her grandmother, who didn’t want to spark a family conflict.

Carole Shepard, a self-employed geriatric care manager in suburban Pittsburgh, cautions that many hard conversations are necessary and conflicts are inevitable, especially when they involve someone with progressive dementia. Too often, she sees her older clients in crisis because their hope had been that one day they'd peacefully die in their sleep without any of the humiliations of aging.

"Hope is not a strategy," she said.

That's why Shepard and her husband, both in their 60s and both with family histories of vascular dementia, have drafted extensive plans and shared them with their adult children. They appointed their younger son as financial power-of-attorney and their older son as medical power-of-attorney. Shepard thinks she and her husband will sell their home within five years and rent an apartment in Pittsburgh’s Strip District — a walkable area near arts venues and restaurants. Then they’ll start looking for a senior living community that includes a memory care unit.

By making these decisions now, Shepard and her husband believe — hope — they're preserving their autonomy. Yet she knows that all their planning won't protect their children from some degree of hardship, especially if either she or her husband develops dementia. Symptoms are unpredictable and variable: depression, irritability, paranoia, impulsiveness. That creates a dilemma for adult children: Pushing help onto resistant parents incites strife; ignoring reality begets neglect.

There is no reliable roadmap for caregivers of people living with dementia, says Robert Levenson, a professor at the University of California, Berkeley who specializes in the emotional changes that accompany aging. "The truth is it's going to be difficult, and the chances of complete success are not very good."

Jonnie Lewis-Thorpe looking at family photos.

Levenson's best advice is to include the person with dementia in the decision-making process as much as possible. If a person can't articulate their desires, it's still important to consider the values and interests they held while healthy. For example, perhaps a lifelong Pittsburgh Steelers fan is no longer capable of paying their own bills; the person in charge of their monthly budget could include a cable package that allows them to watch NFL football.

It's crucial to remember that the disease is the enemy, Levenson says: "Somehow, you have to try to find a way to stay on the same side with your loved one and not end up blaming each other.”

Angela Reynolds and her mom have been able to do this. After a traumatic departure from New Haven, Jonnie Lewis-Thorpe moved into her daughter's house in Pittsburgh. Now, Reynolds' primary concern is finding a caregiver to be with her mom during the day.

On a morning with visitors in late November, Lewis-Thorpe struggles to follow conversations but seems content. Mother and daughter are both wearing black slacks and bright red sweaters. They joke easily with each other while looking over old family photos. The scene echoes a day from June. On that morning both women wore silky blouses with bold geometric prints. Sitting in the backyard, where coyotes sometimes visit, Lewis-Thorpe looked over at her daughter and smiled: “She’s done marvelous for me. She really has.”

WESA’s reporting on dementia and financial decision-making is part of a fellowship with the Association of Health Care Journalists, supported by The Commonwealth Fund.

Full Article & Source:
The cost of forgetting: Dementia's tax on financial health

Monday, December 19, 2022

Dad Jamie Breaks Silence ... On Conservatorship

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Dad Jamie Breaks Silence ... On Conservatorship

Manager of a Winder assisted living home — who is also a Georgia House representative-elect — arrested for stealing medications

By Todd Cline

The manager of Magnolia Estates of Winder Assisted Living Center, who was recently elected to the Georgia House of Representatives, is accused of burglarizing a residence at the assisted living home and stealing medications.

The Barrow County Sheriff’s Office said Statham resident Danny Rampey, 67, was arrested on Thursday on unauthorized distribution or possession of a controlled substance, burglary and exploitation and intimidation of disabled adults, elderly persons and residents charges.

Deputies arrested Rampey as he was leaving the residence at the assisting living home, according to a Sheriff’s Office spokesman.

“The Barrow County Sheriff’s Office became aware of suspicious activity involving missing medications within the last two weeks and initiated an investigation into the allegations,” Maj. Todd Druse said. “Surveillance operations were used to assist in the collection of evidence of stolen medications.

“The residence was not occupied by the resident at the time of Rampey’s arrest and no one was injured during the burglary.”

Rampey ran unopposed for the District 119 seat — which represents parts of Braselton, Winder and Bethlehem — in last month’s general election after winning the Republican primary in May. He is set to take office when the 2023 legislative session begins in January.

Rampey could end up in more trouble as the Sheriff’s Office continues to investigate the crime. Druse said the office is not ruling out the possibility that more charges could be filed against Rampey as the investigation continues.

Anyone who may have information regarding this case is asked to call the Barrow County Sheriff’s Office Criminal Investigations Unit at 770-307-3080 ext. 3083.

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Manager of a Winder assisted living home — who is also a Georgia House representative-elect — arrested for stealing medications

Sunday, December 18, 2022

Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA

Officials say she stole thousands from the man and allowed his home to fall into disrepair, and nearly let him lose it.

 by Alex Costello

The Nassau County District Attorney said Luigia "Gina" D'Amore stole $150,000 from a developmentally disabled man who she was acting as guardian for. (Shutterstock )

LEVITTOWN, NY — A Levittown woman was indicted today on charges of stealing more than $150,000 from a developmentally disabled man whom she acted as legal guardian for, the Nassau County district attorney said.

Luigia "Gina" D'Amore, 57, was charged with second-degree grand larceny, first-degree endangering the welfare of an incompetent or physically disabled person, and two counts of first-degree offering a false instrument for filing. She pleaded not guilty, and was released on her own recognizance. She faces up to 15 years in prison if convicted.

“This defendant befriended her alleged victim when they worked together for the Town of Hempstead, ultimately becoming his legal guardian after his retirement and taking control of the man’s finances,” said Nassau County District Attorney Anne Donnelly. “For the next several years, this defendant allegedly siphoned more than $150,000 from her elderly victim’s accounts and failed to pay his bills, leaving him to live in a mouse-infested home. The residence fell into disrepair and was nearly lost due to non-payment of taxes. This charged conduct is reprehensible, and my office will ensure justice for the victim in this case.”

According to Donnelly, Between July 2016 and June 2019, D'Amore acted as the appointed guardian for a developmentally disabled retiree from the Town of Hempstead Parks Department. Donnelly said D'Amore stole $150,000 from the man's bank accounts without providing proof to the courts that the money was being used for his benefit, as required by guardianship.

Donnelly said D'Amore would skim money from checks the victim received, depositing most into his accounts and taking the rest in cash for herself. She also made additional cash withdrawals from his accounts, Donnelly said, and wrote checks worth tens of thousands of dollars out to "cash," which she then cashed.

D’Amore failed to provide receipts for the cash withdrawals and checks when she submitted her accounting to the court as the victim’s guardian, Donnelly said.

In addition to stealing money, Donnelly said that D'Amore failed to pay for utilities and maintenance to the man's home, allowing it to fall into disrepair. She also didn't pay property taxes on the home in 2018 and 2019, Donnelly said, leading to a tax lien being placed on the home and the property nearly being auctioned in February 2020 for non-payment.

D’Amore surrendered herself to Nassau County District Attorney Detective Investigators on Dec. 16.

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Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA

'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

WOODBURY, Long Island (WABC) -- A New York nursing home left elderly residents to live in "heartbreaking and inhumane" conditions while its owners diverted more than $22 million for themselves, New York Attorney General Letitia James alleged Friday.

The owners and senior managers of Cold Spring Hills Center for Nursing and Rehabilitation on Long Island created a network of shell companies to conceal the alleged fraud that siphoned Medicare and Medicaid funds that were supposed to be used for resident care, according to the attorney general's lawsuit.

This is the third enforcement action the attorney general's office has taken in recent weeks to stop pervasive fraud in nursing homes in the state.

"Cold Spring Hills' owners put profits over patient care and left vulnerable New Yorkers to live in heartbreaking and inhumane conditions," James said. "From Buffalo to Long Island, every nursing home in New York must abide by laws that require the best care for New Yorkers."

The son of a patient who died at the facility spoke out on Friday. He said as soon as he walked into his 72-year-old father's room on Easter Sunday, he knew something was wrong.

Michael Luszczyk said his father was covered in feces and urine.

"Yep and not conscious, they couldn't tell me the last time they cleaned him up, they couldn't tell me the last time they checked on him," Luszczyk said.

And nurses never got help. The NYPD officer called for help himself.

"I had to call my own ambulance at a nursing facility," he said.

Substandard conditions in nursing homes around the country were exposed during the COVID-19 pandemic.

Cold Spring Hills was among the nursing homes found to have underreported resident deaths from the virus. However, according to James' lawsuit, the 588-bed facility in Woodbury has "a long history of insufficient staffing and poor quality of care."

The lawsuit singled out several examples of "harrowing" neglect, harm and suffering:

-A diabetic resident had difficulty walking and was given a wheelchair by Cold Spring Hills that did not have footrests. To use the wheelchair, he had to drag both of his feet on the floor and as a result developed sores on his right foot. He was taken to the hospital and had to have part of his toe amputated because of the severity of his infections. Shortly after returning to Cold Spring Hills, he died. His co-guardian was never informed of his condition after he returned to the facility and was not told when he died.

-A man was admitted to Cold Spring Hills to regain mobility after a car crash left him badly injured. During his time at Cold Spring Hills, he received such poor care that he lost at least 30 pounds and his injury worsened. He had a preexisting pressure sore, and Cold Spring Hills' medical records reflect that his pressure injury increased in size and advanced from a stage 3 to the most severe stage 4 while he was under the care of Cold Spring Hills. In August 2021, he was admitted to the hospital for severe malnutrition, dehydration, a stage 4 sacral pressure injury, and right foot osteomyelitis (an infection in his bone). He told his wife, "They tried to kill me at Cold Spring Hills."

-A woman was admitted to Cold Spring Hills after suffering from a stroke that affected her ability to walk, use her right arm and hand, and speak. She was at the facility for only five months, and during her entire time there she only received three showers. Her daughter reported that her mother sat in an unchanged brief for hours. While visiting the facility, her daughter noticed that her mother's nails on her right paralyzed hand were so long that they caused abrasions on the inside of her hand. Her daughter complained to the Cold Spring Hills administrator about her mother's nails and was ignored.

Among other things, the lawsuit alleged the nursing home paid more than $15 million in fraudulent rent to Cold Spring Realty, which is owned by the same individuals who operate the nursing home, and paid more than $5 million to several entities for supposed consulting. In total, the nursing home transferred over $42.4 million to its owners from 2016 to 2021, the lawsuit said.

James is seeking to prohibit the nursing home from admitting new residents until there's appropriate staffing. She also is asking for monitors to watch over Cold Spring Hills' finances and healthcare services along with monetary penalties.


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'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

Miami-Dade Pastor Arrested After Allegedly Exploiting Elderly Couple

A former pastor was behind bars in Miami-Dade after police said she scammed an elderly couple who had attended her church. Yvonne Hampton-Barley, 63, is facing charges including grand theft, organized scheme to defraud and exploitation of the elderly, Miami-Dade Police officials said.


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Miami-Dade Pastor Arrested After Allegedly Exploiting Elderly Couple