Judge Weighs Conservatorship for the Former Supreme Cindy Birdsong

The singer’s family has asked the court to approve a legal arrangement that would govern her medical decisions and finances after relatives objected to the previous care by a longtime friend.

From left: Diana Ross, Mary Wilson and Cindy Birdsong. Birdsong joined the Supremes in 1967, replacing Florence Ballard.Credit...Central Press/Getty Images

By Julia Jacobs and Christopher Petkanas

Aug. 7, 2023, 1:12 p.m. ET

A judge in Los Angeles is set to consider on Tuesday whether to establish a conservatorship for an 83-year-old former member of the Supremes, whose family has argued that her physical and mental frailties have made her vulnerable to undue influence for years.

The singer, Cindy Birdsong, spent nearly a decade with the group after replacing one of its original members, Florence Ballard, in 1967, performing hits such as “Stop! In the Name of Love” and “I Hear a Symphony” as one-third of Motown’s marquee act.

But after Birdsong left the Supremes in 1976, her finances fell apart — a situation she later attributed to a “bad closing deal” with Motown Records — and later on, several strokes left her unable to care for herself or manage her affairs, her family has said.

Birdsong’s siblings have asked that the singer’s brother, Ronald Birdsong, serve as co-conservator alongside an entertainment business manager, Brad Herman. It was Herman, called in by a friend of Birdsong’s, who spearheaded the singer’s removal two years ago from an apartment where she lived with a longtime friend.

The family has said the friend, Rochelle Lander, isolated them from Birdsong and withheld information about her ailing health. They have argued that a conservatorship is needed to ensure that her care and finances are being properly managed. Birdsong, who is not known to have retained significant music royalty rights, is currently in a California nursing facility where she is on a feeding tube, according to court papers.

“Since I live outside of California, and since my sister has been unable to tend to her affairs herself,” Ronald Birdsong said in the conservatorship application, “I depend on Mr. Herman to keep me updated on Cindy’s well-being as well as helping to keep all of her affairs in order.”

Last month, the judge assigned to the case, Lee R. Bogdanoff, referred it to the Office of the Public Guardian, indicating that he will consider whether a third-party conservator should step in to manage Birdsong’s affairs. His rationale for the decision was not made public, but he based it on the findings of a confidential report by a court investigator.

Herman and Terri Birdsong, a sister of Cindy Birdsong’s, said they were working with a newly hired lawyer to fill in some of the information that was lacking in their initial conservatorship application, and that they expected the singer’s court-appointed lawyer to ask for a delay in the case while they did so.

The court-appointed lawyer, John Alan Cohan, did not respond to requests for comment.

It is unclear whether Lander, a former performer with whom Cindy Birdsong started a Christian ministry, is planning to challenge the family’s bid for a conservatorship. She has defended her care of the singer in the past, saying that she had been steadfastly dedicated to helping her over many years, and she has displayed a power of attorney that she said Birdsong signed more than a decade ago.

The tensions between Birdsong’s siblings and Lander mounted a few years ago, during a visit to the singer’s Los Angeles apartment, where the family said it was stunned by how her condition had deteriorated, according to interviews with her three living siblings and a sister-in-law. The family ultimately reached out to the police, who enforced Birdsong’s removal from the apartment in 2021.

In a video taken by Herman that night, Lander argued against the removal, citing her power of attorney papers.

“She needs to have due process before you come in forcefully and think you’re going to take over her life,” Lander said in the video, as several police officers stood in the hallway of the apartment building.

Lander has not agreed to an interview and did not respond to requests for comment about the court proceedings.

Herman, who holds a power of attorney signed by the three siblings and sister-in-law, said the family wants the legal proceeding to help clarify how the singer’s money has been managed in recent years.

“From the time I became power of attorney, I’ve been trying to get documents that tell me what rights, what royalties, what residuals are coming to Cindy,” Herman said in a recent interview. “Whatever monies have come in, where did they go?”

Though it was well known that Birdsong had stopped performing and largely slipped from public view, the extent of her deterioration prompted an outpouring of concern several weeks ago, around when the family filed its conservatorship application.

“Prayers for a lady who has meant so much to my life,” one fan wrote on a Facebook page dedicated to Birdsong.

Some friends and associates of Birdsong, like Jim Saphin, who befriended the singer in the ’60s and ran a British fan club for Diana Ross and the Supremes, said they had been dismayed to hear of the singer’s condition.

Steve Weaver, a record producer who lives in England and has worked with former Supremes, said he had spoken with close friends of Birdsong’s who had visited her in recent weeks and reported that she had not been able to speak.

“But playing Supremes records really boosts her up,” Weaver said he had been told.

Charlo Crossley-Fortier, a singer and actress who became friends with Birdsong after meeting her at church, and John Whyman, a friend since the ’70s who at one point invited the singer to live with him amid financial struggles, said they had become concerned over the years that Lander had been isolating Birdsong from other friends and family and had actively resisted her pursuit of any role in pop music.

Weaver recalled that about a decade ago, he was set to record a track with Birdsong when Lander intervened and declared that Birdsong was “not recording any secular music now.” Birdsong, who often recalled how Christianity had lifted her out of serious depression after leaving the Supremes, once said in a television interview with “The 700 Club” that she didn’t “have a desire to sing rock ’n’ roll anymore,” preferring to sing religious music instead.

Though Birdsong’s life took a sharp turn after leaving the Supremes, Crossley-Fortier said, “Cindy will forever be part of music history.”

Full Article & Source:
Judge Weighs Conservatorship for the Former Supreme Cindy Birdsong

See Also:
The Family of a Former Supreme Battles for Control of Her Life

 

Court Docs: Oklahoma man arrested for exploiting his elderly mother

by: Kaylee Douglas/KFOR

John Land Jr. Image courtesy Oklahoma State Bureau of Investigation.

OKLAHOMA CITY (KFOR) – Court documents show an Oklahoma man has been arrested for allegedly embezzling money from his elderly mother.

On February 6, 2023, the Kingfisher County Sheriff’s Office requested the Oklahoma State Bureau of Investigation to assist with an embezzlement case. The victim claimed that her son, 53-year-old John Land Jr., stole a large portion of her funds, totaling $100,000 or more.

On August 3, OSBI agents, along with the Oklahoma City Police Department, arrested Land for Exploitation of an Elderly or Disabled Adult.

He was booked into the Oklahoma County Detention Center and received a bond of $20,000.

Land faces a fine up to $10,000 and/or up to 15 years in prison.

Full Article & Source:
Court Docs: Oklahoma man arrested for exploiting his elderly mother

Man charged with stealing large sum of money from elderly residents in Lake Forest

by Sam Borcia

Eric J. Corimo, 36, of Skokie.

A 36-year-old man has been charged with continuing a financial crimes enterprise after investigators say he exploited several elderly residents for large sums of money in Lake Forest.

The Lake Forest Police Department began an extensive investigation in April into a report of financial exploitation of several elderly residents, according to a police report.

Detectives identified the offender as Eric J. Corimo, 36, of Skokie.

Detectives discovered a pattern of fraudulent financial transactions involving Corimo and several elderly residents of Lake Forest, the report said.

Court records show Corimo stole between $10,000 and $100,000 from the victims, some of which were over the age of 80.

The Lake County State’s Attorney’s Office approved charges against Corimo of two counts of financial exploitation of the elderly, continuing a financial crime enterprise and two counts of theft over $10,000.

Detectives obtained an arrest warrant Corimo last month and he was later taken into custody on the warrant in Skokie.

Detectives interviewed Corimo and were able to obtain additional evidence of the crimes, the report said.

Corimo was transported to the Lake County Jail and appeared in court where he was ordered held on a $500,000 bond.

Corimo remains held in the jail and would need to post $50,000 cash in order to be released.

A preliminary hearing is scheduled for August 10.

Full Article & Source:
Man charged with stealing large sum of money from elderly residents in Lake Forest

Six takeaways from the Monitor’s guardianship investigation

By Samantha Hogan

People with disabilities frequently are appointed a guardian, but judges should rule out a less restrictive alternative first.

“Kate is thriving and happy and flourishing because I’m in her life and making sure that happens," said Debbie Dionne, the mother and guardian of Kate Riordan. Photo by Fred J. Field.

Last Sunday, The Maine Monitor published an investigation about adult guardianships and a new law that requires probate judges to consider a less restrictive alternative called “supported decision-making.” 

The Monitor spoke with guardians, judges, disability rights lawyers, national guardianship experts and people with disabilities.

We shared the stories of two women: Kate Riordan, 43, who has cerebral palsy and an intellectual disability, and is “thriving” under guardianship, and Cindy Thielen, 31, who has autism and was able to terminate her mother’s guardianship in 2022.

Here are six takeaways from that story.

“Supported decision-making” is an alternative to guardianship in multiple states, including Maine

“Supported decision-making” is a nationally recognized tool used by people with disabilities to help them assess the consequences of big and small decisions. The person picks supporters and talks through a decision.

About one-third of states have a definition of supported decision-making in state law, according to a 2022 analysis by the American Bar Association.

Maine’s probate judges infrequently opt for supported decision-making

A state law that went into effect in late 2019 requires probate judges to consider supported decision-making before appointing a guardian. Yet, Maine’s judges have infrequently gone for supported decision-making.

Guardians are supposed to be a last resort to make medical, financial and housing decisions for an adult whom a judge deems cannot make or communicate their own choices.

No court or state entity has tracked the probate courts’ use of supported decision-making in Maine.

Guardianship takes away a person’s civil rights 

“Guardianship takes away your civil rights. It takes away your civil liberties and formally — not in some abstract way — is the court taking away your rights and giving those rights to someone else to hold on your behalf or exercise on your behalf,” said Zoe Brennan-Krohn, an attorney with the national ACLU Disability Rights Program.

Under guardianship in Maine, adults retain only three privileges — the right to marry, vote and retain a lawyer. Still, probate judges have the discretion to take away the privileges to marry and vote. 

Guardianships can be difficult and time-consuming to end

Thielen’s mother was appointed as her guardian in 2011. This meant Thielen could not technically make financial or medical decisions on her own. 

Thielen applied to the University of Maine and was halfway to completing her degree when she asked the probate court to end the guardianship. After one hearing, the probate judge suspended the guardianship. But her case was left in limbo for years.

The state’s top disability advocacy organization, Disability Rights Maine, intervened in 2021. 

Eleven years after the guardianship was granted, a probate judge gave Thielen control of her life back on April 12, 2022.

Supported decision-making may not work for everyone

Kate Riordan has used sign language since she was in preschool, but because she has cerebral palsy, she lacks the fine motor skills to spell words with her fingers. She fills in the gaps with gestures, spoken words and an iPad filled with icons and programmed responses.

We spent a day with Riordan and watched how with gentle suggestions from her mother Debbie Dionne, Riordan can find answers to questions using her iPad. Riordan knows her mother is her guardian. She doesn’t have the words to say what a guardian does.

A barrier to Dionne and Riordan using supported decision-making is that Riordan does not initiate decision-making. She does not have the language tools to ask for advice, Dionne said. When a decision needs to be made, Dionne starts their discussions.

“Kate is thriving and happy and flourishing,” Dionne said, “because I’m in her life and making sure that happens.”

Stigmatization of guardians could have negative consequences

Opposition to guardianship risks cutting services, policies, money and resources for people who still need them. 

It also risks dividing the disability community between the people who need guardians and those who don’t, said Kim Humphrey, whose adult son Dan has autism and requires multiple support people to get through the day.

“If you say that ‘nobody’ needs a guardian and then you meet somebody like him, well then, is he nobody?” Kim said.

Full Article & Source:
Six takeaways from the Monitor’s guardianship investigation

See Also:
The decision that can last a lifetime

Retired judge accused of bilking Tuskegee Airman asks to be disbarred, citing evidence in the case

By Matthew Hendrickson

Former Cook County Judge Patricia Martin poses for a photograph verifying her identity with a cryptocurrency exchange.
Cook County court records

A retired Cook County judge accused of stealing hundreds of thousands of dollars in savings and retirement money from a former Tuskegee Airman has asked the state Supreme Court to disbar her, citing evidence in the case.

Patricia Martin, the former presiding judge of the Juvenile Court’s child protection division, filed a motion Monday with the Supreme Court requesting “that the Court enter an order striking her name from the Roll of Attorneys.” 

The former judge’s motion comes nearly a month after the state’s Attorney Registration and Disciplinary Commission filed a complaint accusing her of taking at least $246,000 from Oscar Wilkerson Jr., whose finances she was asked to help manage as he entered a senior home.

Martin used more than a $100,000 of those funds to purchase cryptocurrency and later made false statements to Wilkerson and others to hide her theft, according to the complaint.

In a separate filing Monday, Martin admitted that the allegations in the ARDC complaint would be proven if a hearing was held in her case, writing that “the evidence would clearly and convincingly establish the facts and conclusions of misconduct set forth in the statement of charges.” 

Wilkerson was the last known surviving member of the famed Black aviation combat unit known as the Tuskegee Airmen whose competence and bravery in World War II helped pave the way for desegregation in the military. He was presented a Congressional Gold Medal in 2007 by President George W. Bush along with other surviving members

After his service, Wilkerson worked for Chicago area radio stations.

As Wilkerson’s health declined in his final years, his friend Dr. Maceo R. Ellison was granted power of attorney and he appointed Martin, the niece of Wilkerson’s former wife, to “supervise and manage” Wilkerson’s financial affairs in 2020, according to a court filings in an ongoing civil case against Martin.

Then last summer, Wilkerson got a notice saying he owed $41,296.10 to the senior home where he was living for nonpayment and he learned that his checking and investment accounts had been “emptied.” It was also unclear where his Social Security and pension payments were being deposited. 

Wilkerson, 96, then sued Martin, accusing her of taking advantage of him as he sought to get back his money, plus damages.

He died of natural causes in February.

In a default judgement in May, Circuit Judge Anna Demacopoulos ordered Martin to pay more than $1.2 million in damages, fees and court costs after Martin failed to appear in court, answer questions about the money and to hand over records.

A day later, the ARDC filed its complaint.

The former judge is scheduled to next appear in court on Thursday in the civil case, where Wilkerson’s attorneys have stated they are in talks with the attorney general’s office and the Cook County state’s attorney’s office regarding a possible criminal investigation into Martin’s use of Wilkerson’s funds.

The judge could also appoint a special prosecutor to conduct an investigation, according to a filing by Wilkerson’s attorney in the circuit court Monday.

Full Article & Source:
Retired judge accused of bilking Tuskegee Airman asks to be disbarred, citing evidence in the case

See Also:
Ex-judge accused of bilking elderly veteran of savings could face new legal jeopardy

Missouri City caregiver accused of beating 75-year-old was hired despite criminal record, boss says

By Jessica Willey

Patrick Ray Piggee, the caregiver accused of beating 75-year-old resident, had a non-violent criminal record, Allstar Boarding owner says.

MISSOURI CITY, Texas (KTRK) -- A caregiver is in the Fort Bend County Jail after being accused of savagely beating a man at a boarding home in Missouri City.

Patrick Ray Piggee, 53, faces two counts of injury to the elderly with bodily injury and continuous family violence.

According to Missouri City police, the assaults happened at a boarding home owned by Allstar Boarding and located in the Hunters Glen subdivision. A 75-year-old man was hospitalized and remains in the ICU.

"I cried. I was devastated. It was not anything I wanted anyone to endure. What he did was god-awful," Nikki Fant, the owner of Allstar Boarding, said. "No, I didn't' see it coming. I was completely blindsided."

Fant told ABC13 when she hired Piggee about two months ago, she was aware of his criminal record, which included mostly drug charges.

But, she says, he was persistent and the convictions were not violent so she gave him a job. Piggee said she ran the home which houses mostly men who are diagnosed with dementia.

Police say they were called to the home on July 29 for an assault. Fant said a second person was also assaulted and Piggee was arrested.

"I just hope he never sees freedom again. What he did was atrocious," Fant said.

The home, one of three run by Allstar Boarding, is not licensed. Fant said it's not required because it is classified as a boarding home. A spokesperson with Texas Health and Human Services could not immediately verify that to ABC13.

The family of the 75-year-old man declined to comment.

Piggee is being held on bonds totaling $20,000. Missouri City police say the investigation is ongoing.

Full Article & Source:
Missouri City caregiver accused of beating 75-year-old was hired despite criminal record, boss says

Florida Man Exploits Elderly WV Man with Dementia, Stealing Over $2 Million

By Jared Hefner

A man from Florida has been charged with exploiting an elderly man in Jefferson County, West Virginia, who suffer from dementia, and stealing over $2 million from him. Samuel Bunner, aged 50 and from Spring Hill, Florida, has been indicted on charges including wire and bank fraud, identity theft, and money laundering.

The alleged exploitation occurred after Bunner and the victim became friends while working together at the American Legion in Charles Town. The victim appointed Bunner as his power of attorney, granting him control over his financial accounts. Over the course of two years, it is alleged that Bunner sold the victim’s real estate, depleted his bank accounts and investments, and even opened a credit card in the victim’s name. He and his wife then used the stolen funds to purchase real estate, vehicles, luxury items, and took vacations.

The victim, who suffered from cognitive impairments, relied on Bunner for assistance with medical appointments. Bill Ihlenfeld, the U.S. Attorney for West Virginia’s Northern District, expressed sadness over the situation, stating, “This is a sad story about someone who worked hard his whole life, saved his money, and then when he began to suffer from cognitive decline, had everything stolen by an opportunist. We will continue to do everything we can to protect older West Virginians from schemes such as this.”

Both the FBI and the IRS Criminal Investigation unit are currently conducting an investigation into the case. The Jefferson County Prosecutor’s Office, the U.S. Attorney’s Office in the Middle District of Florida, and FBI-Tampa have also provided assistance with the matter.

Prosecutors are urging anyone who wishes to report fraud against elderly individuals to contact the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311) or send an email to wvfraud@fbi.gov.

Full Article & Source:
Florida Man Exploits Elderly WV Man with Dementia, Stealing Over $2 Million

Cromwell attorney accused of elder abuse after police found his sick girlfriend living in deplorable conditions

Police reported that the victim was left sitting in a chair for at least two weeks in her own urine and feces. They said she hadn't eaten in days.

 

Author: Doug Stewart (FOX61), Julia LeBlanc

CROMWELL, Conn — A Cromwell attorney, 66-year-old Steven Donen, was arrested on cruelty and abuse charges after a woman was found at his home living in "deplorable and unsanitary conditions." Police said the woman hadn't moved from a recliner in their living room for weeks and had not been fed for several days. Authorities said she has multiple sclerosis and missed several dialysis appointments before her doctor called for a welfare check. That doctor told police she had missed a total of eight appointments, and needed that treatment to save her life. 

On Friday, July 28th, police initiated a welfare check at Donen's home at the Skyview apartments in Cromwell. When officers arrived, Donen's arrest warrant explains that the victim was found discovered living in deplorable and unsanitary conditions. The victim told police that she had not moved from a chair in about two weeks and had not eaten for several days. She was taken to a local hospital for treatment and remained there as of Tuesday. 

Cromwell police said the home exhibited severe hoarding conditions and evidence that Donen was withholding critical care from the victim. 

Police describe the home as uninhabitable with holes in the ceiling and dripping water along with garbage piling up in the room.

"The allegations that are in the paperwork contain a lot of inaccuracies and a lot of misstatements, and a lot of overblown statements," said William Beccaro, Donen’s Attorney. "I'm in active discussions with the state's attorney about that, we're having a good dialogue and I look forward to a positive and speedy resolution that satisfies everyone.

Donen appeared in court on Tuesday, facing a Middletown judge for the first time since his arrest. He said nothing as he walked out of the courtroom, released on bond. 

An attorney from Cromwell, Steve Donen (66), is accused of abusing and neglecting his live-in girlfriend.

Donen appeared in front of a judge today for the first time since his arrest.

Details on the arrest warrant and what his attorney says about the case at 5/6 on @FOX61News pic.twitter.com/THClrVrSrn

— Julia LeBlanc (@JuliaLeBlancTV) August 1, 2023

In the meantime, the court papers revealed that this is the second time someone has called for a welfare check on Donen's live-in girlfriend.

The arrest warrant reveals that police had visited the home after neighbors called with concerns about the victim's well-being in November 2022. One neighbor told police he suspected there was domestic abuse between the victim and Donen because "He often heard the accused yelling and also heard loud noises which he described as 'thuds' coming from the victim's apartments." Police arrived at the apartment then, noticed the victim seemed confused and did not know what day of the week it was. The officer reported the apartment was extremely dirty and smelled of urine. The victim was sent to the hospital for evaluation. The case was referred to the Department of Elderly Services at that time.

On Monday, the 31st, Donen was charged with Cruelty to Persons, Abuse 2nd Degree, Reckless Endangerment 2nd Degree, Assault on an Elderly person in the third degree, and Assault in the third degree. He was being held on a $50,000 bond but is now out on bond after his Tuesday court appearance. 

When asked if this is something Beccaro thinks his client would do, since the two have known each other since college, he said "Absolutely not."

Beccaro went on to say, "I am frankly a little dismayed at some of the paperwork that I read. And I look at the totality of the circumstances, statements I've gotten from my client, statements I've gotten from friends and family, and they don't square with the paperwork.

In the meantime, neighbors are shaken up to find out that one of their own has been accused of these crimes.

“It is sad. He’s our neighbor," said one man, who did not want to reveal his name.

Another neighbor said she was shocked to hear this happened right at home.

“Most people keep to themselves but it’s very, you know it’s a quiet neighborhood, people walk their dogs with children, young families. People are always walking around," she said. "That’s sad. It’s very sad.”

The CT Department of Social Services, Cromwell Department of Senior Services and the Cromwell Health Department were all notified of this case. 

If you suspect someone is a victim of elder maltreatment, you can contact Protective Services for the Elderly program at the CT Department of Social Services toll-free at 1-888-385-4225. That local hotline is open during normal business hours, Monday through Friday. 

If you need to make a call after hours, call 211 and they will find help. 

If someone is in a life-threatening situation, however, call 911. 

In the meantime, Donen is expected to be back in court on Aug. 18th. 

Full Article & Source:
Cromwell attorney accused of elder abuse after police found his sick girlfriend living in deplorable conditions

Could the Best Therapy for Dementia be Children?

Every Wednesday, at Highline Place Memory Care in Littleton, Colorado, a group of school children visit from nearby Saddle Ranch Elementary School. Together with the residents, they work on crafts while they share lots of smiles and laughter. Isn’t it amazing how a child can bring a smile to a senior’s face, often when no one else can?

Clearly, these visits bring benefits for both young and old. A recent article, written by Esther Heerema, MSW, for verywell.com, cites ongoing studies that connect social interaction between adults with Alzheimer’s disease and children to positive results.

Here are three of their findings we found interesting:

• People with dementia have a higher level of positive engagement when interacting with children.
• Intergenerational programming allows adults with dementia to be able to teach children things, such as how to fold a towel, how to dust handrails or how to categorize things such as by seasons or colors. (Imagine an adult with dementia teaching a child how to perform a task!)
• Interaction with older adults has also shown benefits for the children involved, including fewer behavioral challenges and improved social development.

The benefits are clear to everyone who has ever witnessed these get-togethers. That’s why our Anthem Memory Care communities, such as Highline Place, provide ample opportunities for residents to interact with school children. In many cases, long lasting friendships are formed between the residents and the children. In fact, several of our communities report that children continue to visit their resident “friends” even after they leave elementary school.

And, these benefits are not lost on the families of residents, who regularly report hearing the sound of children and laughter when they pass through the lobby doors. By all accounts, the residents look forward to the visits as much as the children do.

If you have a loved one with Alzheimer’s disease or another form of dementia, make sure you take advantage of every opportunity to bring younger family members, friends and neighborhood children in to visit on a regular basis. You will find, as we do, the benefits are well worth the effort.

You may also like to find out more about Anthem’s Respite Care programs, which provide short-term stays, ranging from a week to a month, for your loved one at one of our communities. Here they can experience, first hand, plenty of smiles and laughter from the school children who come to visit.

Full Article & Source:
Could the Best Therapy for Dementia be Children?