Public Guardian of Contra Costa County sues K.Y. for establishing a conservatorship under the Lanterman-Petris-Short Act

By Northern California Record

In the Court of Appeal of the State of California, First Appellate District, Division Four, a case was filed on March 20, 2024. The case involves K.Y., the objector and appellant, and the Public Guardian of Contra Costa County, the petitioner and respondent. The court case ID is A166825 and it concerns an appeal from an order granting the petition of the Public Guardian to establish a conservatorship for K.Y. under the Lanterman-Petris-Short Act (LPS Act).

K.Y. contested the jury's finding that she is gravely disabled and challenged the court's order allowing the Public Guardian to make medical decisions on her behalf. She also alleged that the trial court made an error in admitting hearsay statements contained within psychiatric records at trial.

The trial court had appointed the Public Guardian as K.Y.'s conservator on December 9, 2022, after a jury found her to be gravely disabled. This empowered the Public Guardian to make medical decisions on her behalf and placed K.Y. in a board and care facility.

K.Y. is seeking to overturn this decision, arguing that there was insufficient evidence for her classification as gravely disabled and challenging the court's right to allow another party to make medical decisions for her. However, since her one-year conservatorship period has already expired before briefing was complete, her appeal has been dismissed as moot by the court.

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Public Guardian of Contra Costa County sues K.Y. for establishing a conservatorship under the Lanterman-Petris-Short Act

Preparations underway for Orlando special election to fill Regina Hill's city commission seat

by Senait Gebregiorgis

 Orange County, FL, USA —

Some Orlando voters will soon take their pick in a special election since a city commissioner has been forced to give up her chair. 

Governor Ron DeSantis suspended Regina Hill from serving district five as city commissioner Monday.

Hill is facing criminal charges for allegedly taking advantage of a 96-year-old woman.

Orlando City Council set May 21 as a potential date for the special election.

"Orange County is used to special elections. We just did one for our HD 35, and that was more on the eastern side of the county. So our office is prepared," Glen Gilzean said who is the Orange County Supervisor of Elections.

Gilzean said as soon as the council finalizes a date, his office will have a better count on how many people it will need to staff and how much the election will cost. 

"The city will actually reimburse us back for those funds, but right now, we're in the middle of a negotiation," Gilzean said.

Only voters living in district 5 are eligible to cast a ballot. If they want to vote by mail, they have to send in a request as soon as possible.

"Please go log on and register as quickly as you can for this particular election," Gilzean said. "So then that way they would be able to get that in an ample mail time."

Gilzean said the district has just under 21,000 eligible voters. They will have five polling places.

"I think that community is going to like step up. So, I think there's going to be a high turnout, but we're ready for whatever the turnout is," Gilzean said.

Orlando City Council will hold a special meeting Apr. 8 to finalize a date for the special election.

As soon as the date is set, qualified candidates can file to run.

Full Article & Source:
Preparations underway for Orlando special election to fill Regina Hill's city commission seat 

See Also:
Community members have mixed emotions over arrest of Commissioner Regina Hill

US official spends elderly woman's $100,000 savings on facelift, new home

Orlando Commissioner Regina Hill accused of financial exploitation of 96-year-old woman

Orlando Commissioner Regina Hill arrested, faces charges of elderly exploitation, mortgage fraud

Hialeah man accused of stealing $50K from 95-year-old mom in exploitation case

Manuel C. Diaz Hernandez, 72, is facing charges including exploitation of an elderly person in an amount over $50,000, grand theft of a person over 65, organized scheme to defraud and unlawful use of a two-way communications device, the Miami-Dade State Attorney's Office said Wednesday 

By NBC6

Manuel C. Diaz Hernandez

A Hialeah man has been arrested after authorities said he exploited his 95-year-old mother out of tens of thousands of dollars, leaving her unable to pay her rent.

Manuel C. Diaz Hernandez, 72, is facing charges including exploitation of an elderly person in an amount over $50,000, grand theft of a person over 65, organized scheme to defraud and unlawful use of a two-way communications device, the Miami-Dade State Attorney's Office said Wednesday.

Authorities said the victim had been living alone in her Miami apartment following the death of her 92-year-old husband after 40 years of marriage and had collected more than $57,000 from a settlement related to his death.

The victim had asked her deceased husband's adopted son to help her with the settlement money, and he came to Miami to assist her in opening a bank account.

Meanwhile, Diaz Hernandez, who hadn't had significant contact with his mother until her husband's death, began taking an interest in her and convinced her he was better able to assist her since he was a "blood relative," authorities said.

Diaz Hernandez was added to his mother's bank account, then helped her move $50,000 of the settlement money to a joint account, prosecutors said.

After the money was moved, $7,000 disappeared, and between March and August of 2022, the balance dropped to zero, leaving the elderly mother with no way to pay her rent.

"All the money was gone. And the little bitty fortune that her husband left was basically gone," the victim's stepson, Andres Ramos Jr., told NBC6.

The State Attorney's Office was able to find emergency housing for the woman.

“It is always inconceivably sad when a son, or a daughter, or another family member sees an elderly relative as an exploitable target," State Attorney Katherine Fernandez Rundle said in a statement. "Too many of our older residents are vulnerable to exploitation. In this case, our Elder and Vulnerable Adult Unit was able to intervene to keep the victim housed. Today’s arrest is another strong statement by my office and our law enforcement community that we will not tolerate the victimization of our elder and vulnerable residents."

Diaz Hernandez was booked into jail. Attorney information wasn't available.

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Hialeah man accused of stealing $50K from 95-year-old mom in exploitation case

Adults Facing Guardianship Need Adequate Legal Representation, AARP Tells Congress

By Natalie Missakian

AndreyPopov/Getty Images/iStockphoto

En español | AARP is backing legislation that would help states train and recruit law students to represent adults facing guardianship proceedings in court.

More than 1.3 million adults in the U.S. are living under court-ordered guardianship because they are unable to manage their own affairs. These adults may lose the ability to make decisions about where to live, how to spend their money or how to treat an illness. They may even lose their right to get married or vote.

Because so much is at stake, AARP is endorsing the Guardianship Grant Flexibility Act, sponsored by U.S. Sens. Mike Braun (R-Indiana) and Bob Casey (D-Pennsylvania). The legislation would allow states to use federal grants for programs to train and recruit law students to help these adults, either by providing legal representation or becoming court-appointed guardians ad litem, representing their best interests. The programs would be administered through law clinics supervised by a licensed attorney, according to the bill’s sponsors.

“Unfortunately, many people subject to guardianship proceedings cannot afford to hire attorneys to represent them, and states do not have adequate funding to provide representation,” Bill Sweeney, AARP senior vice president for government affairs, wrote in a letter endorsing the legislation. “These individuals are too often left without a voice in the system, or an advocate to protect their rights.”

Often, guardians are family members or friends, but public guardians are appointed when no one else is willing to serve in the role. While many guardians do their job well, over the years, cases of abuse, mismanagement and conflicts of interest have also made headlines around the country.

That’s why AARP has long called for stronger oversight of these arrangements, and the use of less restrictive alternatives, such as power of attorney agreements, when possible. We’ve successfully pushed to reform state guardianship systems in Virginia, Florida, Alabama and other states.

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Adults Facing Guardianship Need Adequate Legal Representation, AARP Tells Congress

Panel: Douglas judge guilty of 'systemic incompetence'

By Randy Travis

A hearing panel recommended Douglas County Probate Court Judge Christina Peterson be removed from office.

DOUGLASVILLE, Ga. - She must go. That’s the unanimous recommendation from a hearing panel investigating Douglas County Probate Judge Christina Peterson.

The first-time judge has also been the subject of several FOX 5 I-Team investigations since she took office in late 2020.

The three-member panel for the Judicial Qualifications Commission decided Peterson is guilty of "systemic incompetence" because she ignored courthouse rules, abused courthouse personnel, made inappropriate posts on social media and, in repeated cases, failed to do her job.

The extraordinary decision to remove Peterson follows four separate hearings starting in September 2023 where Peterson had a chance to testify and confront her accusers. She faced 30 counts of misconduct.

The one that troubled the panel the most involved Peterson's decision to jail a woman for simply trying to amend her marriage certificate to include the real name of her recently discovered father.

PJ Skelton served two days of a 20-day jail sentence for contempt before her husband could pay a $500 fine.

"Such a hasty and shockingly disproportionate reaction is the hallmark of (Peterson’s) intemperance," wrote the panel.

The report criticized Peterson’s attempt at a neighborhood meeting to get her HOA to settle a lawsuit she had filed, even though she knew the HOA was represented by an attorney.

"(Peterson’s) attempts to avoid responsibility for these clear violations bordered on farcical, severely eroding her credibility with the Hearing Panel," wrote panel members.

The Douglas County Sheriff’s Office complained Judge Peterson ignored their orders and held a wedding after hours, allowing people inside without deputies present.

She once hit a panic button when a deputy was late escorting her to court, causing needless panic among security.

And the report pointed out when county staff criticized her actions, it "quickly triggers allegations of obstructionism or even racism."

"These communications and actions reveal a judge (Respondent) who publicly vilifies colleagues, is quick to threaten them with unnecessary legal action, and generally projects a spiteful and vainglorious persona."

Peterson’s main defense was her inexperience as a judge, a problem she promised had been addressed through additional training.

But the panel wasn’t buying it.

The report also cited multiple examples of failure to actually do her job which needlessly delayed petitions before her office. The hearing panel said Peterson was guilty of "systemic incompetence… (Judges) are expected to act in a manner that promotes the integrity and impartiality of the judiciary. Respondent has shown that she cannot — or will not — do so. And so she must go."

The Georgia Supreme Court will ultimately decide whether to approve the hearing panel's recommendation. Peterson has 20 business days to file a response and remains on the bench. Her attorney Lester Tate said "we disagree with the recommendation of removal and intend to go to the next level."

Peterson also faces opposition in next month's primary election. And earlier this year, her HOA began garnishing her judicial wages for the $43,446.76 judgment against her.

Full Article & Source:
Panel: Douglas judge guilty of 'systemic incompetence'

Utah mental health counselor sent to prison for financially abusing vulnerable mother

By Emily Ashcraft

VERNAL — A mental health counselor has been sentenced to a term of one to 15 years in prison for a second conviction of exploiting a vulnerable adult.

The victim in both cases was his mother. Investigators say he charged her more than $15,000 for mental health services during a weeklong visit.

Mannix George Glines, 50, was ordered last week by the 8th District Court to pay over $60,000 in restitution to his mother to repay the money he took from her.

"Stealing from or abusing anyone vulnerable is abhorrent, but to couple that abuse of trust with the exploitation of a family member is truly reprehensible," the Utah Attorney General's Office said in a statement.

Charges were filed against Glines in November 2022 by the Medicaid Fraud and Patient Abuse Division of the attorney general's office, and he pleaded guilty to one count of financial exploitation, a second-degree felony, on Jan. 3, 2024.

Glines was a signer on his mother's bank accounts from August 2020 to April 2022 and during that time took funds from her account to benefit himself or others, charging documents state.

In an earlier case, Glines charged his mother $15,360 for his services as a licensed clinical social worker while he went to visit her in Arizona, shortly after doctors determined she was not able to make her own medical decisions in early 2020, the charges state.

He charged her $120 per hour at 16 hours per day for eight days he spent with her over two trips, charging documents say, adding that he also took money from her for travel expenses.

The charges filed in June 2021 also say Glines' mother agreed to help pay for a home for Glines, based on his representations to her that she would be living in the home while he cared for her.

She lived in the home from May to July in 2020, before Glines returned her to a facility she had been unhappy with after telling her he was undergoing surgery. Later, she learned there was no surgery and that she would be back at the facility indefinitely, charging documents state.

At that point, prosecutors said he had reimbursed himself more than he had paid from her accounts and had taken money that was not accounted for from her.

In the previous case, Glines pleaded guilty on Dec. 21, 2021, to one count of financial exploitation of a vulnerable adult, a second-degree felony, as part of a plea deal that dismissed one other count for financial exploitation and a charge of unlawful dealing with property by a fiduciary, second-degree felonies.

Glines was ordered in June 2022 to pay $165,336 to his mother in that case. He was also sentenced to one to 15 years in prison, but that sentence was suspended in favor of 36 months of probation.

Full Article & Source:
Utah mental health counselor sent to prison for financially abusing vulnerable mother

Know your rights: Caregivers and nursing home debt

Helping someone you love to move into a nursing home can be stressful enough. Nursing homes should not try to make you personally responsible for a loved one’s bill as a condition of admission.

• Take a close look at the nursing home contract
• Defend your rights, talk with a lawyer
• Help is available

Ver página en español

 Take a close look at the nursing home contract

Here’s what you should know about your rights, what to look for in the nursing home admissions contract, and where to get help.

• Know your rights. Some nursing home admissions contracts say that a caregiver, family member, or friend must pay the resident’s bill if the resident can’t afford to. This is generally illegal. Under the federal Nursing Home Reform Act, nursing homes can’t ask or require you to use your own money to pay for someone else’s nursing home bill, as a condition of that person’s admission to or continued stay in the nursing home.
• The nursing home can’t make you promise to pay for the resident’s care with your own money. For instance, you may have access to the resident’s money as their power of attorney or legal guardian. But the nursing home can’t make you promise to pay for the resident’s care with your own money.
• Watch out for words such as “responsible party” and “joint and several liability.” Sometimes, contracts have confusing terms that say, on one hand, that you are not personally responsible for paying the resident’s costs of care. Then later, the contract could say that if you don’t make sure the resident’s Medicaid application is complete, accurate, and on time, you are responsible for paying the nursing home’s damages. Or it could say that you and the resident are both “jointly and severally” responsible for the nursing home bills.
• You can refuse to sign a nursing home admissions contract that tries to hold you personally responsible for the resident’s bills.  If the nursing home insists that you sign the contract, you can ask a lawyer to read the admissions contract for violations of the Nursing Home Reform Act. You can also report NHRA violations to your State Nursing Home Survey agency.
   

Defend your rights, talk with a lawyer

When nursing home bills go unpaid, some nursing homes hire debt collectors, including law firms, to demand that caregivers pay for a resident’s unpaid nursing home bills. They may also report the debt to consumer credit reporting companies as your debt, and file lawsuits in court. Debt collectors may even tell the judge that you intentionally misused, hid, or stole the resident’s funds, without any reason for believing that you did. These actions could violate the federal Fair Debt Collection Practices Act.

If you are sued for a loved one’s nursing home debt, contact an attorney immediately.

Help is available

When you’re dealing with a nursing home problem, you don’t have to go it alone. There are experts who can help. Some do this for free or at a low cost.

Find your local long-term care ombudsman

Long-term care ombudsmen help residents and their caregivers resolve nursing home issues. Use this tool to find your local ombudsman  

Get legal help

Lawyers can help you understand your rights, negotiate with a nursing home, and respond to debt collection demands. You may qualify for free legal aid, based on your income.

Contact your local bar association or legal aid.

Report nursing homes

Help federal and state authorities stop illegal nursing home debt collection. You can report Nursing Home Reform Act violations to your State Nursing Home Survey Agency or file a complaint with your State Attorney General  

Submit a complaint

If you are having trouble with a debt collector or a credit reporting company, you can also submit a complaint with the CFPB.

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Know your rights: Caregivers and nursing home debt

Community members have mixed emotions over arrest of Commissioner Regina Hill

By Phylicia Ashley

ORLANDO, Fla. — Some of the people in District 5 are shocked that the same commissioner who launched weekly workouts to improve their health and advocated for affordable housing, employment, and development was arrested for exploiting and defrauding one of her elderly constituents.

“She helped me get housing and back on my feet,” said Michael Bennett. “I don’t know why she thinks she should have done anything like that.”

Nick Smith has known the alleged victim since childhood.

“A crime of this magnitude can’t be orchestrated with just one person,” Smith said. “It’s more going on here.”

All these people are learning today that Commissioner Regina Hill was arrested after being indicted on charges of fraudulently obtaining power of attorney over a 96-year-old woman.

“This does have an impact already,” Smith said. “Because as of right now, we have no representation for our district. There are things just going on right now that we need to have clarification on some projects that are going on that’s near us that’s around us in her district.”

The community’s main concern.

“To know that type of crime happened in my neighborhood where we try to protect our elderly neighbor,” Smith said. “It’s very upsetting.”

Others are concerned for Commissioner Hill.

“I hope she can get through and I hope to just get back in,” Bennett said. “She can come back positive like she helped me to do.”

Full Article & Source:
Community members have mixed emotions over arrest of Commissioner Regina Hill

See Also:
US official spends elderly woman's $100,000 savings on facelift, new home

Orlando Commissioner Regina Hill accused of financial exploitation of 96-year-old woman

Orlando Commissioner Regina Hill arrested, faces charges of elderly exploitation, mortgage fraud

 

Disturbing video shows caretaker allegedly abusing woman at assisted living facility

New video shows a South Miami caretaker allegedly abusing an elderly woman at an assisted living facility in an incident that led to the caretaker's arrest. 

Josephine Gurri, 77, who is the owner of the assisted living facility Good Family Home, was arrested Tuesday on a charge of physical abuse of an elderly or disabled adult, records showed.

Source:
Disturbing video shows caretaker allegedly abusing woman at assisted living facility