Wednesday, April 24, 2024

Missouri woman charged for theft from Nebraska elderly father under her conservatorship


FURNAS COUNTY, Neb — A Missouri woman faces charges after investigators said she stole thousands of dollars from her father while she was his conservator.

Dawn Hildreth, 50, of O’Fallon, Missouri, is charged in Furnas County Court with theft by unlawful taking (more than $5,000), perjury and abuse of a vulnerable adult.

Court records said that in January 2023, Hildreth was named temporary guardian and conservator of her father, who is in a nursing home after being diagnosed with dementia and/or Alzheimer’s.

A Furnas County judge later limited the conservatorship before removing Hildreth as conservator. Heartland Trust Company was named the man’s conservator in April 2023.

An arrest affidavit said Heartland Trust later discovered $20,581.33 worth of transactions from Amazon, Apple, Poshmark, Target and travel expenses that appeared to only benefit Hildreth. Heartland Trust said they also discovered $28,713.52 in unexplained cash withdrawals.

A complaint outlining the charges states this occurred between Jan. 17, 2023, and April 2024.

A warrant for Hildreth’s arrest was issued Friday. The warrant is extraditable for states surrounding Nebraska.

Court records do not list Hildreth’s next court date.

Full Article & Source:
Missouri woman charged for theft from Nebraska elderly father under her conservatorship

New minimum staffing mandate for nursing homes rolled out by Biden Administration

by GEOFF HARRIS


WASHINGTON (TND) — More help could be coming to nursing homes across the country.

On Monday, the Biden Administration announced the first-ever minimum staffing rule for nursing homes in the United States. Opinions are split on the new rule with some saying it's what the healthcare industry needs right now but finding qualified employees could be tough.

(It) couldn't be coming at a worse time in regards to the labor market," said Brian McGarry, a health policy researcher at the University of Rochester.

Under the new minimum staffing rule, any nursing facility receiving Medicare or Medicaid funding must provide at least 3.48 hours of nursing care per resident daily.

Nursing home in Maine (WGME)
Nursing home in Maine (WGME)

"It's definitely going to be a challenge," McGarry said.

Included in the list of requirements is a registered nurse that must be on-site at all times.

"All day long and all night long and all evening long in the long-term care facility," said Richard Ricciardi, a professor and Associate Dean at George Washington University.

The new rule will be rolled out in phases. Rural areas will have more time to find additional staff and temporary exemptions will be made for places with workforce shortages.

Direct care workers sort through files in a hallway at Burcham Hills nursing home in East Lansing, Mich. on Nov. 29, 2023. (Rachel Louise Just/WWMT)
Direct care workers sort through files in a hallway at Burcham Hills nursing home in East Lansing, Mich. on Nov. 29, 2023. (Rachel Louise Just/WWMT)

"So we're going to give facilities time to adapt to these policies," McGarry said.

But to make this a feasible rule, McGarry tells us wages need to be discussed.

There are certainly workers out there but they are choosing not to work in this industry and that's because of the nature of the job coupled with the pay and benefits," said McGarry.

Plus, he said the resources available to healthcare workers should be a priority.

"We need to kind of make sure that these jobs are not only lucrative for people to work in but also rewarding," McGarry said.

Full Article & Source:
New minimum staffing mandate for nursing homes rolled out by Biden Administration

Man accused of exploiting $10K from elderly woman

by Brad Johnson

Bolyard

BELINGTON — A Barbour County man has been arrested and charged with taking more than $10,000 from an elderly woman for gambling funds.  

Chad Bolyard, 46, has been charged with financial exploitation of an elderly person.

According to the criminal complaint, prepared by Senior Trooper B.S. Stout of the West Virginia State Police, on Jan. 3, an officer was told that Bolyard had taken the debit card of a 70-year-old woman and refused to give it back to her, making charges she did not know about.

A Freedom Bank employee told police that Bolyard and the woman came into the Belington bank, and when she was told her checking account was overdrawn “due to some gambling charges,” she said she didn’t know anything about that, the complaint states. Bolyard allegedly said he had made the charges but didn’t tell her about them.

Officers learned that she had attempted to move money from another account into her checking account but the bank declined to transfer the funds, due to the influence of Bolyard, who told her to “shut up” when she stated, “I don’t even know why I’m here,” according to the complaint.

Bolyard allegedly became “agitated” and “verbally aggressive” with bank employees, demanding that they transfer the money, the complaint states.

Police were told Bolyard had been “in the background of phone calls” and in person telling the elderly woman what to say and what to do with her finances.

Officers also learned Bolyard’s overdraft on the woman’s account meant that she could not “get the utilities hooked up” at her residence, according to the complaint.

Bolyard allegedly took “approximately $6,708 in ATM withdrawals, $548 in gambling charges, $243.58 in Amazon charges, $231.61 in Elevate Jewels charges, and $2,300 in cash back from deposits, for a total of $10,031.19 in financial extortion,” the complaint states.

Full Article & Source:
Man accused of exploiting $10K from elderly woman

Tuesday, April 23, 2024

Bill promises ‘generational investment’ in senior living and care workforce

by Kimberly Bonvissuto


Proposed federal legislation would make a “generational investment” in the senior living and care workforce at a time when the aging population is growing exponentially and an increasing number of older adults are living with chronic conditions and disabilities, according to its sponsors.

The Long-Term Care Workforce Support Act, introduced by Democrats, was met with mixed reviews from senior living industry advocates on Tuesday, however.

US Sen. Bob Casey (D-PA), chairman of the Senate Special Committee on Aging, called direct care workers the “backbone” for long-term services and supports and said they are “irreplaceable” and “essential” during a Tuesday committee hearing focused on long-term care workforce shortages.

“Here is the bottom line — if we claim that their work as caregivers is essential, we should accord them the status of a professional,” Casey said in introducing the bill, S 4120, co-sponsored by Sens. Tim Kaine (D-VA) and Tammy Baldwin (D-WI). “By professionalizing and supporting the long-term care workforce, we can better recruit and retain professionals in this vital field.”

Casey said the bill would ensure that caregiving can be a sustainable, lifelong career by providing “substantial” new funding to support workers in every part of the long-term care industry, from assisted living communities to nursing homes to home care. Specifically, he said, the bill would provide pathways to enter the care workforce, improve wages and benefits, ensure a respectful and safe working environment, and introduce best practices on recruitment as well as training strategies to promote retention.

Pointing to a PHI report, Casey noted that caregivers earn a median wage of $15.43 per hour, resulting in almost 70% of assisted living communities and 92% of nursing homes reporting significant or severe workforce shortages. 

US Rep. Debbie Dingell (D-MI) introduced companion legislation in the House of Representatives, HR 7994, calling caregiving the “foundation of our economy” that allows for all other work to be possible.

“No care workers should have to live below the poverty line to do this work that millions of Americans depend on,” Dingell said in a statement. “This legislation will make much-needed investments in our care infrastructure and workforce, including family caregivers, to ensure they have the support they need, are paid a living wage, and are able to continue doing their critical jobs.”

‘Time is of the essence’

Provider advocates had varying responses to the bill.

Argentum said it appreciated recognition of the workforce shortages and potential resources to address it but added that “time is of the essence,” with the need to create more than 3 million new jobs in senior living by 2040 to care for a rapidly aging population.

Argentum Senior Vice President of Public Policy Maggie Elehwany said that workforce issues have been one of the few areas of bipartisan agreement in the 118th Congress, with multiple congressional hearings and calls from both sides of the aisle to “stem the exodus of healthcare workers.” 

The association, she added, continues to champion public policy efforts to bolster the senior living workforce, including support for the Safeguarding Elderly Needs for Infrastructure and Occupational Resources (SENIOR) Act, which targets assisted living workforce development, and the Care Across Generations Act, which addresses twin senior and childcare workforce shortages.

The American Seniors Housing Association told McKnight’s Senior LIving that the act prioritizes the need for workforce development programs as the industry and nation face the “real risk of not having enough available and willing workers to keep pace with the growing demand for their services.”

“This important legislation makes a significant investment in workforce development and training grant programs to be offered at the state level, offering a wide range of worker supports, skills training, demonstration projects, technical assistance, as well as worker protections,” ASHA Vice President of Government Affairs Jeanne McGlynn Delgado said. “These are all worthy goals, and if enacted and successful in creating a pipeline of trained long-term care workers, the industry will be well served.”

But Delgado said the legislation is only a partial solution, adding that immigration reform is a necessary component to addressing the sector’s workforce shortage challenges. ASHA said that Congress must take action to advance “one of the many reforms” already proposed, including creating a new visa category for caregivers, accelerating the timeframe an asylee can seek work authorization, and granting green card status to essential workers who worked during the COVID-19 pandemic.

“Congress will have to address the broken immigration system, and the sooner it does, the better for our seniors,” Delgado said. 

The Center for Excellence in Assisted Living, CEAL@UNC, which formally endorsed the legislation, said the act calls out “discriminatory” immigration actions, but “unsurprisingly” doesn’t go so far as to address the “third rail” of immigration.

“CEAL@UNC encourages supportive immigration policies to build the pipeline of new workers into assisted living and other long-term care settings,” Sheryl Zimmerman, MSW, PhD, executive director of CEAL@UNC, told McKnight’s Senior Living.

Zimmerman also said that although the federal government calls for recognizing the importance of the long-term care workforce, CEAL@UNC suggests going one step further and formally recognizing all of those providing direct care.

“The Center for Excellence in Assisted Living appreciates the federal government’s recognition of the essential nature of the direct care workforce, the fact that’s it’s important to virtually every family at some point in their lives, the evidence tying its sufficiency and competency to the well-being of older adults, and that the Long-Term Care Workforce Support Act expressly references the importance of the workforce in assisted living,” Zimmerman said.

Workforce bill ‘misses the mark’

Some senior living and long-term care industry advocacy organizations, however, said the proposed bill “misses the mark” and wouldn’t produce its intended effects.

“The entire long-term care continuum, no matter the type, faces a growing caregiver shortage that impacts access to care for our nation’s seniors and individuals with disabilities,” Clif Porter, senior vice president of government relations for the American Health Care Association / National Center for Assisted Living, told McKnight’s Senior Living. “This legislation ignores a wide swath of the profession and fails to address the elephant in the room — Medicaid frequently doesn’t cover the cost of care, making it difficult for providers to offer higher paying, competitive jobs.”

Porter added in a statement that it’s important for policymakers to recognize that assisted living communities and nursing homes “do everything possible to hire more caregivers.” 

“We must focus on meaningful and comprehensive policies that will actually help long-term care facilities recruit and retain workers, as well as build a strong pipeline of caregivers,” Porter said in a statement. “We hope to continue working with Congress and the administration to find more supportive ways to ensure our nation’s seniors have continued access to care.”

AHCA / NCAL said it supports several bipartisan bills to address workforce challenges facing providers, including the Healthcare Workforce Resilience Act and the Train More Nurses Act as well as three pieces of legislation that apply specifically to nursing homes: the Protecting Rural Seniors’ Access to Care Act, the Building America’s Health Care Workforce Act and the Ensuring Seniors’ Access to Quality Care Act. 

LeadingAge, which also pledged its support to the above-mentioned bills, similarly said that the “devil is truly in the details.”

President and CEO Katie Smith Sloan, in written comments submitted to the committee, urged policymakers to pay attention to “necessary refinements” on funding for the education and training initiatives needed to build and sustain the workforce and investment in coordinated state and federal infrastructures to ensure programs achieve desired goals.

Among LeadingAge’s recommendations was passage of the Expanding Veterans’ Options for Long Term Care Act, the Home and Community-Based Services Relief Act, the Better Care Better Jobs Act and the Expanding Service Coordinators Act to address “inadequate” reimbursement mechanisms. 

In addition, LeadingAge called on Congress to pass legislative proposals addressing gaps in the US immigration system and to develop and streamline federal training requirements for direct care professionals, including exploring how licensed vocational / practical nurses and experienced direct care professionals can assume increased training responsibilities for professional caregivers. 

“This should be done with a focus on developing stackable certifications and opening pathways for aging services staff to engage in a lifetime of career development and learning,” Sloan wrote in her comments. 

Addressing the newly introduced Long-Term Care Workforce Support Act, Sloan suggested dedicating a specific fund to clear HCBS waiting lists, including long-term care providers in both the rate-setting process and the formation of any passthrough threshold for which they would be held accountable by their states, combining grant funds under one roof, and including home health and hospice in the definition of long-term care. 

Senate Aging Committee Ranking Member Sen. Mike Braun (R-IN) cautioned against a federal “one-size-fits-all” approach, suggesting that innovation at the state and local levels is needed to meet the increased demand for direct care professionals. 

“Giving more power to the federal government usually means printing more money and forcing top-down solutions. These solutions are partisan and will not get us anywhere,” Braun said. “To grow the long-term care workforce, the federal government should make it easier for people to enter by removing barriers.”

Elehwany said that Argentum agrees with Braun’s stance on partisan solutions and the need to “work together to pass bipartisan solutions that offer flexibility.”

‘Historic’ legislation addresses job quality

PHI called the bill “historic” and said that it “enthusiastically endorses” the legislation designed to systematically improve direct care job quality and address the sector’s workforce crisis. The organization said the bill enshrines many of PHI’s long-standing policy priorities related to compensation, training, employment conditions and evaluation.

Specifically, the organization noted that the bill authorizes the Department of Health and Human Services to award grants to support workforce recruitment, training, compensation and retention. This authorization includes a $10 million investment in pilot projects on education, training and career advancement across settings, as well as $10 million to support a national technical assistance center to support states’ workforce efforts. 

PHI also supports the bill’s proposal to create a National Direct Care Professional Training Standards Commission to develop national training standards for the direct care workforce, as well as an advisory council to develop a national direct care compensation strategy. 

Issues are ‘multi-dimensional’

Jasmine Travers, PhD, RN, an assistant professor at New York University Rory Meyers College of Nursing, testified during the hearing that the issues affecting the recruitment, retention and morale of the direct care workforce are “multi-dimensional and compounded by an external environment that devalues this work.”

She said the realities that make direct care work unsustainable include low wages and limited benefits, inequities, chronic under evaluation and a demanding work environment, insufficient training and limited growth opportunities.

Travers called for a multi-pronged approach involving federal and state governments, managed care organizations, aging organizations, payers, providers, advocates, care recipients and direct care workers to create solutions for a stronger direct care workforce. 

Financially, she called for competitive wages and benefits, and spending minimums for staffing for Medicaid-funded facilities. She also called for enhanced training programs and opportunities for career advancement, fostering a positive work environment through culture change, focusing on recruitment and retention and sharing best practices. 

“To improve access to and quality of long-term care, we must ensure that all direct care workers receive a living wage, a safe, respectful work environment; opportunities for advancement; adequate training; and accessible benefits to maintain their health and well-being,” Travers testified. “Only when we recognize that these workers are critically important, hardworking professionals, can we begin to improve equity and health outcomes for staff and patients alike.”

Brooke Vogleman, a licensed practice nurse with senior living and care operator TLC Management of Marion, IN, said that staffing should be about training, education and retention.

“We need workforce development programs that help us grow the care force, incentivize caregivers to choose a career in long-term care, and invest in their career development,” Vogleman said. 

Some hearing witnesses testified in favor of access to worker supports and protections. You can read witness testimony on the hearing website.

The Long-Term Care Workforce Support Act is endorsed by 44 organizations, including the Center for Excellence in Assisted Living, or CEAL@UNC; the Gerontological Society of America; the Coalition to End Social Isolation and Loneliness; the American Geriatrics Society; the National Coalition on Aging; and Justice in Aging.

Full Article & Source:
Bill promises ‘generational investment’ in senior living and care workforce

Bay Minette woman convicted of financially exploiting elderly

Renee Williams(Baldwin County Corrections Center)

By WALA Digital Staff

BAY MINETTE, Ala. (WALA) - A Baldwin County circuit judge set a June 12 sentencing date for a Bay Minette woman convicted this week of exploiting the elderly.

Fifty-seven-year-old Renee Williams on Tuesday was convicted of one count of first-degree financial exploitation of the elderly, the Baldwin County District Attorney’s Office announced.

The prosecutor’s office said the case was launched after nursing and social services staff at Crowne Healthcare of North Baldwin reported concerns to the Bay Minette Police Department.

Full Article & Source:
Bay Minette woman convicted of financially exploiting elderly

Monday, April 22, 2024

Lifetime’s ‘The Bad Guardian’ Stars Melissa Joan Hart, La La Anthony

 By Georgia Makitalo


Melissa Joan Hart is back on Lifetime with the new movie The Bad Guardian. This thriller also stars La La Anthony and Eric Pierpoint. What happens when the person you trusted to care for your parent turns out to take advantage of them?

This is a cautionary tale that all fans of the network will want to tune in.

What Is Lifetime’s The Bad Guardian About?

In this latest Lifetime movie The Bad Guardian, a daughter fights to keep her father from being taken advantage of. What happens in this new movie? According to The Futon Critic, Jason, Leigh’s father, has a serious fall. As Leigh is out of town, the court has assigned the injured senior a guardian named Janet.

Initially, things seemed to go well. Janet appears to take good care of Jason. However, things take a turn for the worse.

“Janet is legally in charge of every aspect of Jason’s life, and doesn’t waste any time placing him in a nursing home, auctioning off his house, all worldly possessions, and using the excuse that the proceeds are needed for his care.”

Alarmed, Leigh tries to find out what is happening. But, as Janet has full legal control, she prevents Leigh and other family members from seeing their father.

“In Janet’s care, Jason’s health deteriorates, to the point that he needs a life-saving treatment which Janet decides is too expensive. As the whistleblowers around Jason meet untimely ends, Leigh finds the strength to take down the guardian and the corrupt system that supports her.”

When Is The Premiere Of Lifetime’s The Bad Guardian?

The premiere of Melissa Joan Hart and La La Anthony’s new movie The Bad Guardian is on Saturday, May 18, at 8 p.m., Eastern, on the Lifetime Channel. In addition, this movie will be available on the app the next day.

What Does La La Anthony Say About New Lifetime Movie?

On Instagram, actress La La Anthony wrote about her role in this upcoming Lifetime movie. “New movie alert!!🚨 My character, Janet Timms, is one for the books! It’s crazy how people like Janet are out here scamming or trying to get over on the elderly! 😢😢😢 Check out my new movie #TheBadGuardian with my girl @melissajoanhart. We had such a great time making this! Don’t miss the premiere Saturday, May 18 at 8/7c on @lifetimetv.”

Is The Bad Guardian A Ripped From The Headlines Movie?

Lifetime is known for its true-crime movies in its Ripped From The Headlines movie collection. Is The Bad Guardian one of these movies? No. However, “It is inspired by the countless true stories of individuals who have been put in the care of a guardian by the courts and raises the questions–are these caretakers helpful or harmful?”

Don’t miss the premiere of The Bad Guardian on Saturday, May 18, at 8 p.m., Eastern, on Lifetime.

Full Article & Source:
Lifetime’s ‘The Bad Guardian’ Stars Melissa Joan Hart, La La Anthony

Legislation allowing doctor-assisted suicide narrowly clears Delaware House, heads to state Senate

There are 10 states, along with the District of Columbia, that have laws legalizing medically assisted suicide.


DELAWARE -- A bill allowing doctor-assisted suicide in Delaware narrowly cleared the Democrat-led House on Thursday and now goes to the state Senate for consideration.

The bill is the latest iteration of legislation that has been repeatedly introduced by Newark Democrat Paul Baumbach since 2015, and it is the only proposal to make it to a floor vote. After lengthy debate, lawmakers voted 21-16 for the measure, which needed at least 21 affirmative votes for passage.

Among those voting for the bill was Republican Rep. Kevin Hensley of Townsend, who voted against the proposal in previous legislative sessions.

"I did not get confused," Hensley assured fellow lawmakers after the vote. Hensley said his perspective on the issue changed after his mother, who lived in California, opted for physician-assisted suicide a year ago.

"This was probably one of the toughest votes I've ever had to make," said Hensley, the only GOP lawmaker to vote for the bill.

California is one of 10 states, along with the District of Columbia, that have laws legalizing medically assisted suicide.

Several Republican lawmakers expressed ethical concerns about the Delaware legislation. They also questioned the need for it, given advances in hospice and palliative care in recent years.

Baumbach said the measure is not intended to replace palliative or hospice care, but to complement them. Data from other states indicate that hospice care is involved in the vast majority of cases involving doctor-assisted suicide, he added.

Baumbach said the "end-of-life option" offered in the bill gives terminally ill individuals certainty that they can choose to end their pain if it becomes greater than what hospice or palliative care can alleviate.

"This puts the choice in the dying person's hands to determine whether or not they wish to self-administer the medicine," he said.

The legislation allows an adult resident of Delaware who is diagnosed with a terminal illness and expected to die within six months to request lethal prescription drugs from a doctor or advanced practice registered nurse who has primary responsibility for the terminal illness. A consulting physician or nurse would have to confirm the diagnosis and prognosis of the patient, who must have "decision-making capacity."

The patient would have to be evaluated by a psychiatrist or a psychologist if any of the medical professionals involved is concerned that he or she lacks decision-making capacity. A person also would not qualify for doctor-assisted suicide solely because of age or disability.

The patient would have to make two oral requests for a lethal prescription, followed by a written request, and would have to wait at least 15 days after the initial request before receiving the drugs. The attending doctor or nurse would have to wait at least 48 hours after the written request, which must be signed by two witnesses, before prescribing the drugs.

The bill states that any provision in a contract, will or other agreement that would affect whether an individual could make or rescind a request for lethal prescription "is not valid." It also states that requesting, prescribing or dispensing the lethal medication "does not, for any purpose, constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia."

The legislation goes further to assert that the act of killing oneself with self-administered prescription medication does not invalidate any part of an insurance policy or annuity.

Full Article & Source:
Legislation allowing doctor-assisted suicide narrowly clears Delaware House, heads to state Senate

Sunday, April 21, 2024

‘Flagrantly Violated’: Lawyer Fighting Carol Burnett’s Daughter Erin’s Plea for Visitation With Son Despite Claims of Sobriety


By:Ryan Naumann

Carol Burnett’s daughter Erin Hamilton was slammed by the guardian representing her son Dylan after she pleaded for visitation to be reinstated.

According to court documents obtained by RadarOnline.com, Dylan’s guardian, Jodi Montgomery, opposed the recent emergency motion brought by Erin.

Carol and her husband Brian filed to place Dylan under a guardianship in 2020. The comedian claimed her daughter had a long history of addiction issues. She said Erin was not a suitable parent to raise her grandson nor was the child’s father.

The court appointed Carol and Brian as co-guardians until they hired Jodi to take over.

In this case, Erin was awarded visitation with Dylan. She was allowed monitored Zoom calls. Last year, the visitation was suspended after the court-appointed lawyer for Dylan accused her of violating the court order.

The lawyer claimed Erin had “run into” Dylan and his father while they were out. The trio then had dinner. The lawyer said this was against the rules and asked that visitation be suspended due to Erin’s “erratic and unpredictable conduct.”

The court agreed and suspended Erin’s visitation.

As we first reported, this month, Erin pleaded with the court to reinstate her visitation and allow her to attend Dylan’s upcoming high school graduation.

Erin said she has been sober for months. She complained that the hearing on her visitation has been pushed to September — which would make it one year since she spoke to her son.

Erin’s lawyer wrote, “There was no evidence of any danger to the child presented that would be resolved by prohibiting the monitored, remote viz Zoom visitations. Moreover, stopping all contact for a year is draconian as well as punitive. The hearing where the order was issued terminating all visitation was not even a hearing on the visitation issue – it was an annual status report hearing.”

He added, “There was no showing of any danger from the monitored remote visitations. Accordingly, it is appropriate and the right thing to do to reinstate Ms. Hamilton’s monitored visitations and allow her to attend her son’s graduation in May.”

In a declaration, Erin wrote, “I am hardly a danger to my child. I have been drug/alcohol tested consistently since moving back from Hawaii and I work with people in treatment and I must remain completely sober in order to keep my job. I love my job and I love being sober.”

Now, Dylan’s guardian Jodi demanded the emergency motion be shut down.

Jodi argued there was no real emergency and Erin could wait until September. She said she needed to present witnesses and evidence at the upcoming hearing.

She said, “This Ex Parte is an attempt to end-run around that upcoming evidentiary hearing by asking that all the substantive issues to be decided at it be decided now instead, on the papers.”

“The Guardian needs her own opportunity to present witnesses and evidence, as well as to cross-examine Applicant’s witnesses,” she added. “This case has a long history of Applicant violating the Court’s visitation orders and, even to her own admission, Applicant’s claimed sobriety is only 6 months’ long.”

Jodi said Erin had “flagrantly violated” the court order numerous times. “Guardian is further informed and believes that Applicant’s violations of this Court’s visitation orders are still occurring with unmonitored contact, as we will show if an evidentiary hearing is scheduled upon this Ex Parte,” she said.

In addition, Jodi said Erin’s lawyer claimed in August 2023 that Erin was living at a sober living facility. “Further investigation revealed that this was false,” said the motion.

“Applicant has a long history of struggling with her drug and alcohol addictions. While Guardian certainly wishes that Applicant’s current claims to be clean and sober are true, sadly Applicant has made these claims before, and her periods of sobriety have been short-lived,’ lawyers for Jodi wrote.

Jodi argued the matter should be heard in September. She said if the court allows Erin to attend the graduation there should be strict rules in place.

The judge set a hearing for next week.

Full Article & Source:
‘Flagrantly Violated’: Lawyer Fighting Carol Burnett’s Daughter Erin’s Plea for Visitation With Son Despite Claims of Sobriety

Carol Burnett’s Daughter Accuses Comedian of Refusing to ‘Get to Know Who I Am Today,’ Icing Her Out Despite Being Sober


By:Ryan Naumann

Carol Burnett’s daughter Erin revealed her unsuccessful attempts to mend her relationship with the comedian as part of her court battle to see her son Dylan.

Erin submitted an emotional declaration as part of her plea to the court to reinstate visitation. As RadarOnline.com first reported, in 2020, Carol and her husband Brian Miller filed a petition to place Dylan under guardianship.

The entertainer said her daughter struggled with addiction and had been recently placed on a mental health hold by authorities. She said her daughter was in no shape to care for Dylan. Carol said her grandson’s father did not have a suitable home.

The court approved the petition. Carol and her husband were appointed as co-guardians until they hired a third party named Jodi Montgomery to take over.

Erin was granted visitation with Dylan but had a strict set of rules to follow. She was not allowed to contact Dylan without the court’s approval or the guardian being aware.

A court-appointed lawyer for Dylan accused Erin of violating the rules. He said Erin “ran into” Dylan when he was spending time with his father. The three had dinner together. The lawyer said was against the rules and demanded the visitations be suspended.

The court agreed and ordered Erin to have no contact with her son, until a future hearing, in August 2023.

As we first reported, Erin’s lawyer filed a motion this week demanding the visitation be reinstated. He argued that his client was not a danger to Dylan. In addition, he pointed out the hearing on the matter had been pushed multiple times.

In her declaration, Erin explained she was desperate to reconnect with Dylan. She said she had been sober since July 27, 2023 and passed a drug test last week.

She said, “I have had troubles in the past. I take full responsibility for my actions that have caused a tremendous amount of pain and suffering for members of my family and friends that love me.”

Erin expressed her frustration with the court hearing being pushed to September.

She said, “my son will be turning 18 at that time and moving to New York to go to college. That would make it so that I wouldn’t have any contact with him whatsoever and yes he would be moving out of state and I would be missing his very precious high school graduation.”

“I am hardly a danger to my child. I have been drug/alcohol tested consistently since moving back from Hawaii and I work with people in treatment and I must remain completely sober in order to keep my job. I love my job and I love being sober,” she said.

In the declaration, Erin revealed her attempts to reach out to her famous mother.

“I miss my son terribly, and I feel that this is a punitive situation brought on by people trying to keep me away from my son until he moves out of state. There has been no attempt from my family members involved in this court case to get to know who I am today. I am not the same person that I was,” she said.  

“I have reached out consistently to my mother telling her how I’m doing and although I respect and understand her decision to not be in my life, it is punishing to both Dylan and myself. I have a sponsor in AA and I also sponsor three women. I am an active member in this 12-step program and I take my sobriety seriously,” she added.

Erin told the judge, ‘I cannot go back in time, and I can just move forward with a positive loving, and sober breath. my son is incredibly important to me and I have already missed so much precious time with him, and I just want to be back in his life on our terms.”

She ended, “I am not a danger to my son – especially with monitored Zoom visitation. I am certainly not a danger to him by being able to attend his graduation. Dylan should be asked – not just a bunch of high-paid lawyers and a fiduciary who have been paid to keep him away from me. Yes, I have had problems in the past, but that doesn’t mean my son should be taken completely away from me where I have no visitation for over a year. Visitation and custody are not supposed to be used to penalize someone.”

The judge has yet to rule on Erin's request for an emergency hearing on the matter.

Full Article & Source:
Carol Burnett’s Daughter Accuses Comedian of Refusing to ‘Get to Know Who I Am Today,’ Icing Her Out Despite Being Sober