Wednesday, October 9, 2024

Hancock County probate court finds temporary help after judge suspended

by Emily Allen

William Blaisdell answers questions from the Maine Supreme Judicial Court in Portland on Tuesday. Blaisdell, a probate judge in Hancock County, was accused of not paying child support or filing his taxes and faces sanctions or removal. Brianna Soukup/Staff Photographer

The registrar of Hancock County’s probate court says she doesn’t expect any disruptions after the state supreme court suspended its lone judge for four months because she had anticipated his removal.

Registrar Juliette Wilbur said she quickly reached out to the Maine Associations of Registrars of Probate in spring, as a judicial review committee was recommending the Supreme Judicial Court discipline Judge William Blaisdell for misconduct.

Now that the high court has suspended him, probate judges from other counties will step in to cover weekly hearings and the office will continue processing all administrative claims that don’t require a judge’s decision, Wilbur said.

Blaisdell, who has been Hancock County’s elected probate judge since 2015, was suspended on Sept. 17 after the supreme court found that he had not paid at least three years’ worth of taxes and was withholding child support payments from his ex-wife. He was admonished for both in rulings by two Belfast district judges, one of whom reported him to the high court’s Judicial Conduct Committee last September, according to court records.

To “emphasize the gravity of the misconduct,” the court ordered Blaisdell to forfeit $10,000 from his salary, an amount equivalent to four months of his judicial pay. He also faces another eight months of suspension if he commits any new misconduct.

Blaisdell has not resigned and is allowed to return to his position on Jan. 21, 2025. His term runs until 2026.

He did not respond Monday to a voicemail left with a number listed for his private law firm. Blaisdell was sanctioned by the Maine bar in August but is allowed to continue practicing law under supervision.

Probate judges are elected every four years and serve part time in each Maine county, handling petitions for adoptions, guardianships, conservatorships, estates, trusts and other family matters. In Hancock County, court hearings are held once a week, on Tuesdays. So even though the court will be without its own probate judge until next year, she expects it’ll be easy to get those cases covered.

“We had an idea that this was coming, so it was imperative that we didn’t have a backlog of undecided cases that the new interchange judges would not have as much background on,” Wilbur said.

Hancock County is on track to handle roughly 500 new cases this year, including informal cases that are handled administratively without a judge, she said.  She works with three other clerks, one of whom is part time.

Catherine Moore, who is registrar of probate in Lincoln County, says this process for “interchange” judges is rarely invoked but it can also be used when a probate judge is sick or otherwise unavailable.

“It’s just a rare thing and we’re lucky that other judges can step up and help,” Moore said.

PUBLIC CONFIDENCE

It’s highly unusual for a probate judge in Maine to be disciplined.

From 2016-22, the years for which data is readily available, the Judicial Conduct Committee sent only eight complaints – lodged against a total of six judges – to the Supreme Judicial Court. Among those disciplined was former York County Probate Judge Robert Nadeau, who was suspended from the bench for 30 days in 2016 for repeatedly violating the Maine Judicial Code of Conduct. In 2017, Nadeau was suspended from practicing law for two years.

In that same time, the committee dismissed nearly 650 such complaints, according to an analysis of the committee’s annual reports.

The committee’s request to the Maine Supreme Judicial Court earlier this year was also unusually aggressive, compared to previous forms of discipline. They called on the court to do whatever they could to strip Blaisdell of his judgeship.

The court ultimately agreed that there was too much risk in attempting to remove Blaisdell. The most it can do is request the Legislature impeach him, and if lawmakers were to decide otherwise, it “may be viewed as an abdication of our power, and indeed our obligation, to discipline judges where warranted,” the justices wrote in their September ruling.

“We cannot expect the public to have respect and confidence in our courts when a judge himself flouts court orders,” their order states.

Wilbur said that to her knowledge, there are no cases left undecided from before Blaisdell’s suspension. If any come forward, they’ll be prioritized.

But after learning about the allegations, one woman now questions if Blaisdell mismanaged her case.

Michelle Gibson said she didn’t know of Blaisdell’s misconduct at the time he was considering her case over her father’s estate, and only learned of Blaisdell’s unpaid taxes and child support from recent news coverage.

In hindsight, Gibson said, Blaisdell was dismissive and seemed to rush through her case.

The whole process – spending time and money to fix up her father’s house to be sold and navigating the probate system without a lawyer – was exhausting, she said. Sorting through his estate involved a lot of uncomfortable interactions between Gibson and her siblings, all of whom had just lost their father and had significant disagreements regarding his estate.

“It’s been very mentally draining to try and do everything and make sure I’m finding the right paperwork, and making sure I’m doing the right thing,” Gibson said.

Blaisdell held hearings in February in April. Her siblings were notified, she said, but not all of them showed up. So even though he approved her petition to take over the estate, it didn’t address all of the issues she raised, Gibson said.

Now she is left wondering if Blaisdell was distracted by his personal matters, and if he properly oversaw her case, given his misconduct.

“We had a very unique case, and I just feel that when we were in there, I don’t think he was giving it his full 100%,” she said. “I don’t think that he knew the case. I think he had so much other stuff going on, that he was hearing that stuff for the first time.”

Full Article & Source:
Hancock County probate court finds temporary help after judge suspended

Tuesday, October 8, 2024

Suburban caregiver pushed elderly man out of wheelchair, left him on the floor for hours: police

By Jenna Carroll

A suburban caregiver was arrested last week after allegedly abusing an elderly man in her care.

Lynda Serrano, 55, of Spring Grove, faces multiple charges, including three counts of elder abuse or neglect by a caregiver, one count of domestic battery causing bodily harm and one count of domestic battery involving physical contact, according to police.

On Aug. 6, around 3 p.m., Fox Lake Police detectives were notified of the alleged abuse after the victim, a veteran, disclosed the situation to medical staff at the James Lovell VA Medical Center. 

The man arrived at the center with multiple bruises and reported that Serrano had pushed him, causing him to fall from his wheelchair onto the floor.

Further investigation revealed that Serrano had been providing in-home care for the man since December 2023. During that time, she allegedly physically abused and neglected him. 

Police say the victim was left on the floor for hours after falling and was denied assistance with bathing or maintaining personal hygiene.

Serrano also allegedly left the man sitting on the toilet for extended periods and blocked access to the bathroom, preventing him from using his wheelchair.

An arrest warrant was issued for Serrano on Aug. 19, and she was taken into custody on Sept. 13. 

She has since been released under pretrial conditions and is prohibited from having any contact with the victim.

Full Article & Source:
Suburban caregiver pushed elderly man out of wheelchair, left him on the floor for hours: police

Long Island brother, sister charged with elder abuse that led to 85-year-old mom's death

Michael Rainford McDougall (L) and his sister Nichole McDougall Mullings (R) were charged with elder abuse after an investigation into their mother's death. Photo credit Nassau County Police Department

By Erin White

NEW YORK (1010 WINS) — A pair of siblings on Long Island were charged with varying degrees of elder abuse that led to their older mother’s death, Nassau County Police said on Thursday.

Detectives performed a wellness check at the Roosevelt home of Carmel McDougall, 85, at about 2:40 p.m. on Sept. 12 and found her unresponsive.

McDougall was then transported to an area hospital where she was pronounced dead.

An investigation into the woman’s death found that her son, 65-year-old Michael Rainford McDougall, was responsible for the injuries that killed her, police said. He was placed under arrest on Wednesday and is charged with second-degree manslaughter.

Nichole McDougall Mullings, 55, was also arrested, but for other abusive actions toward her mother that occurred on Aug. 30. Mullings is charged with first-degree endangering the welfare of an incompetent or physically disabled person.

The nature of the injuries caused by the victim’s children were not immediately clear.

Both suspects were arraigned on Thursday at the Nassau County First District Court in Hempstead.

Full Article & Source:
Long Island brother, sister charged with elder abuse that led to 85-year-old mom's death

80-year-old 'Elvis Impersonator' living life with a Hunk of Burning Love

It's not every day you meet an Elvis impersonator who is eighty years young. 

In this Zevely Zone, I went to Carlsbad to meet 'JD the King'. 

I would think at 80 years old we'd all love to be living life with a hunk of burning love. John Duncan will never forget the first time he heard Elvis Presley. 

"Well just like everyone else I said I really love this guy's singing," said JD. 

Decades later while singing karaoke, he found his calling. 

"People said you really sound like Elvis, and I said thank you very much, you're fantastic," said JD. 

The King was born. In 1988 JD performed his first Elvis show at a Christmas Party. "This here is my very first outfit and this here is my very first gig," said JD. 

Source:
80-year-old 'Elvis Impersonator' living life with a Hunk of Burning Love

Monday, October 7, 2024

Wendy Williams' Son Kevin Hunter Jr. May Have a Chance to Be Her Legal Guardian


The former TV host's ex-husband Kevin Hunter allegedly asks a New Jersey divorce court to remove her current guardian Sabrina Morrissey from their divorce hearings.

AceShowbiz - Wendy Williams' son Kevin Hunter Jr. may become her legal guardian. According to a new report, Wendy's ex-husband Kevin Hunter asked a New Jersey divorce court to remove her current guardian Sabrina Morrissey from their divorce hearings.

According to Kevin Sr., Sabrina is not legally allowed to represent the star in the Garden State. He alleged that Sabrina, who was appointed by a New York court to be Wendy's guardian, "committed fraud upon the court by falsely representing she is permitted to appear on [Wendy's] behalf" in their New Jersey divorce case.

He additionally claimed that Sabrina "intentionally and willfully misled this court by asserting on multiple occasions that she is permitted to represent Ms. Wendy Williams Hunter as her legal guardian."

Amid the legal battle, a source revealed to The U.S. Sun that Wendy's son Kevin Jr. might be able to step in and take over his ailing mom's care. "There is now a huge opportunity for Kevin Jr. and the family to make a step forward in Wendy's guardianship," the informant noted.  

Kevin Sr. added in his filing that a guardian needs to file a petition for guardianship in another state and that "notice of a petition under this section shall be given, in the same manner as notice is required to be given in this State, to those persons that would be entitled to notice if the petition were for the appointment of a guardian or issuance of a protective order in both the transferring state and this state."

He continued, "On the court's own motion or upon request of the guardian or of the conservator or conservatee, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to this section."

"[Kevin Sr.] wishes to object to any appointment of Ms. Morrissey to be appointed guardian based on her continuing fraud on the court. She has already rendered herself ineligible for any appointment as Guardian in the State of New Jersey because of (1) her failure to disclose to this court that she is not and has not been appointed as the legal Guardian of Wendy Williams Hunter in the State of New Jersey," Kevin further wrote in his filing.

Sabrina was given 21 days to prove she was authorized to represent the former talk show host in New Jersey. When the period was over, Sabrina sent papers via overnight delivery "to register the guardianship in New Jersey."

Full Article & Source:
Wendy Williams' Son Kevin Hunter Jr. May Have a Chance to Be Her Legal Guardian

See Also:
Secrets of Wacky Wendy Williams' Legal Fight Against Lifetime Revealed: Daytime Diva 'Battling to Get Network to Pay Crippling Medical Bills'

Wendy Williams’ Guardian Files Amended Lawsuit Claiming Talk Host Received “Paltry $82,000” For Lifetime DocuseriesWendy Williams’ Guardian Sues Lifetime Over Exploitative Documentary

Teen rescues elderly man from the water at Canford Sang


By Erin Rhodes

AN ELDERLY man was rescued by a teen after spending more than an hour trapped in the water at Canford Sang. 

The man, who was in his 80s, was trying to save his dog from the river when he got himself into difficulty and was unable to get himself to safety.

George Marshall, 16, from Bournemouth was working at the nearby coffee van when he was alerted to the man struggling in the water.

George said: “I grabbed a buoyancy tube and ran 400m to find the man who really was stuck.

“He was nearly impossible to get to and was about three metres away from the shore.”

George has been training with Bournemouth lifeguards for four years but said this was the first time he had to put his knowledge into practice.

George winning a medal at lifeguarding competition

George winning a medal at lifeguarding competition (Image: George Marshall)

He said: “I was really concerned because the water was freezing, and the man was turning purple.”

George tried to pull the gentleman out using a buoyancy aid he found near the coffee van; however, the string snapped when he tried to pull it. 

Luckily, a passing dog walker had an “extra strong” dog lead, which they wrapped around the float.

“We used the rope to lift the man up, and when he was close enough, I hooked my arms around him and managed to get him out,” he added.

George called the fire service who arrived within 30 minutes however, the man was safely on shore by the time of their arrival.

A spokesperson for Dorset & Wiltshire Fire and Rescue Service said: “We were called to Canford Magna at 10.33am on September 7, after reports that a man was in the water and unable to get out.

“Three fire crews attended, from Ferndown, Westbourne and Christchurch, but no action was required as the man had been helped to safety before we arrived.”

Thankfully, the dog was also brought safely to shore.

George said he was concerned about the lack of buoyancy aids available at Canford Sang.

He added: “The fact that I had the only rescue tube in the park sort of blew my mind.

“Being a lifeguard water safety is very important to me and I think there needs to be more safety measures in place.”

The Daily Echo has contacted the owners of the privately owned Canford Sang for a comment.

Full Article & Source:
Teen rescues elderly man from the water at Canford Sang

Sunday, October 6, 2024

Guardianship removal: High-profile battles for freedom and justice

by Brad Jones

Introduction: Growing Attention on Guardianship Abuse

A legal arrangement called guardianship, or conservatorship in some states, is intended to provide protection for people who are judged incapable of taking care of themselves or handling their financial matters. This encompasses those who are old, disabled, or experiencing mental health problems. Guardianship assigns a guardian—often a family member or professional—to manage the person’s life decisions, including finances, healthcare, and daily living circumstances.

Although guardianship is meant to be protective, guardianship abuse is becoming all too widespread. Guardians may abuse their position for control or personal benefit. The darker side of guardianship has come to light through high-profile conflicts, such Britney Spears’ fight for autonomy, which has sparked discussions about autonomy, legal control, and the possibility of exploitation.

Britney Spears’ Fight for Freedom

In recent times, Britney Spears’s 13-year battle to end her conservatorship—which started in 2008—has garnered significant attention. Following a string of personal setbacks, the pop sensation was placed under conservatorship, with her father Jamie Spears designated as her conservator. As a result, her father gained considerable influence over her financial situation, professional choices, and personal affairs, including relationships and medical care.

As the singer expressed her dissatisfaction and wish to restore her independence, Spears’ conservatorship came under more and more criticism. She spoke in court in 2021, calling the conservatorship oppressive and pointing out how it interfered with even her most basic rights, including having children and handling her own finances.

Her admirers spearheaded the #FreeBritney movement, which went viral and raised awareness to the problem of guardianship abuse in the United States. Spears finally won a significant victory in November 2021 when the conservatorship was finally lifted, capping the public outrage and court struggle.

The case of Britney Spears brought to light the power disparities that can occur in guardianships and the ease with which the system can ensnare those who are capable of handling their own affairs. Since then, legislators have been motivated by her tale to review conservatorship legislation and propose changes that would provide conservatorship recipients greater safeguards.

Nichelle Nichols: A Fight for Elder Rights

In her latter years, Nichelle Nichols, who gained fame from her portrayal of Lieutenant Uhura in Star Trek, became embroiled in a guardianship dispute. When Nichols’s dementia-related health started to deteriorate, her son Kyle Johnson requested guardianship, expressing worries for her welfare. However, this led to a disagreement between Johnson and Nichols’ close friends, who claimed that Nichols’ autonomy was being unfairly restricted and that she was being isolated.

Significant issues regarding senior autonomy and rights were brought up by the circumstance. Admired by viewers for her ground-breaking television performance, Nichols came to represent the difficulties faced by many older people when family members take over their lives—even when they mean well. The Nichols case has spurred discussion on the morality of guardianship for the elderly, especially in cases where family members differ over the person’s care and inheritance rights.

This case highlights the difficult balancing act of safeguarding senior citizens from harm while making sure their freedom and rights are not unduly restricted.

Brooke Astor: A Tale of Financial Exploitation

The story of socialite and philanthropist Brooke Astor of New York serves as another evidence of the financial abuse that can take place in guardianships. As Astor’s health declined, her only son Anthony Marshall was given guardianship. Astor was well-known for her humanitarian activities. In a startling turn of events, Marshall was subsequently charged with taking advantage of his mother’s deteriorating health and misappropriating millions of dollars from her estate while serving as her guardian.

The possibility of financial exploitation was highlighted by Marshall’s mishandling of his guardianship responsibilities, particularly when sizable estates are at stake. The court case demonstrated how readily the assets of an elderly person could be mishandled or pilfered by people who are supposed to be looking out for them.

Marshall’s case raised awareness of how guardianships can be abused for personal advantage, particularly when the person under guardianship is incapable or uninformed of what is happening. Marshall was ultimately found guilty of grand larceny among other offenses.

Broader Implications: Guardianship Reform and Safeguards

The high-profile guardianship system reform requests have grown as a result of the situations of Brooke Astor, Nichelle Nichols, and Britney Spears. These incidents have highlighted the possibility of abuse, including restricting someone’s autonomy without a valid reason, abusing their personal freedom, or taking advantage of an elderly person’s resources.

Stronger legal monitoring, including more regular guardianship arrangement reviews and increased courtroom transparency, is something that reform proponents support. Alternatives to guardianship, like assisted decision-making, which preserves an individual’s autonomy while providing direction and support with significant life decisions, have also been advocated by some.

Improved reporting and investigation procedures are also required, as is verification that guardians are operating in the best interests of the people entrusted to their care.

Conclusion: The Path Forward

The situations involving Brooke Astor, Nichelle Nichols, and Britney Spears highlight the need for reform and the possibility of guardianship agreements being abused. Stronger safeguards are desperately needed in the system to prevent misuse and exploitation, even though guardianship may be required to protect vulnerable individuals.

The drive to change guardianship rules and safeguard the liberty of people placed under such legal arrangements is only becoming stronger as more examples come to light. We can contribute to preventing future abuses and guaranteeing justice for all by making sure guardianship is only used as a last resort and that persons under it are given a say in their care.

Full Article & Source:
Guardianship removal: High-profile battles for freedom and justice

Call for US government to better protect the elderly

By Dr. Tim Sandle 


A researcher is pushing ahead for a new policy framework to help the aging population in the U.S. This includes providing additional state support and preventing societal abuse of older people.

The director of the Center for Gerontology and professor of human development and human science, Pamela Teaster has advocated for older adults and vulnerable populations, ensuring that they are protected from abuse by those around them, for more than 20 years.

In 2023 Teaster began a new aspect of this work as a part of the Health and Aging Policy Fellowship, a competitive year-long national programme based in Washington, D.C.  

Fellows are selected each year through a national competition based on their commitment to health and aging issues, leadership potential, and interest in impacting policy. Teaster was chosen as a 2023-24 non-residential fellow — meaning she is not located in Washington, D.C. — and has been placed with the Administration for Community Living. Teaster will be working with the administration through September and will make occasional trips to the capital as needed.

Teaster’s work comes at a time when the population of U.S. citizens aged 65 and older is growing rapidly and the various abuses of the population are very high.

According to the National Council on Aging, up to 5 million older people are abused every year and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion. Elder abuse includes physical, sexual, and emotional abuse; exploitation; neglect; and abandonment.

Teaster’s work in this area began in 1997. She has conducted extensive research on elder abuse and policy, authored seven books and hundreds of peer-reviewed articles, reports, and book chapters while also playing a significant role in creating legislation for public guardianship programs in Virginia. 

Teaster’s ongoing research focuses on several areas, including the mistreatment of older adults and vulnerable populations, end-of-life decision-making, public policy and affairs, ethical treatment, human rights issues, financial exploitation, and public and private guardianship. 

Throughout the new fellowship, Teaster hopes to gain a deeper understanding of policies as they are applied to various contexts along with learning better methods to develop and implement programs and policies that are beneficial to elderly and vulnerable populations.  

Rescue Dog Saves Life of 84-Year-Old 'Best Friend' Lying Injured for Hours

A  dog has been dubbed a "hero" after her actions saved the life of her owner in rural Washington.

While patrolling a wooded area in Stevens County, Washington, Deputy Wright came across a dog sitting in the roadway, far from any houses. After trying to get Gita into his vehicle, he "proceeded to check the surrounding area residences within a mile and could not find the owner."

Sensing something amiss, Deputy Wright returned to Gita, who was clearly trying to communicate something with him. When she took off up a slightly traveled, unmarked roadway, Wright followed her and further up the track came across an elderly male laying on the ground calling for help a short distance from a nearby cabin.

The 84-year-old man had fallen and injured his leg and had been there for hours, facing serious consequences if he hadn't been found.


But thanks to 13-year-old rescue dog, Gita, Deputy Wright was able to quickly get the man the medical attention he required.

In a post on Facebook, the sheriff's office shared the story and said: "The loyalty and heroism of our furry friends never cease to amaze us," dubbing Gita the dog the "best friend of the gentleman in trouble."

Newsweek reached out to Stevens County Sheriff's Office for comment.

The story quickly gained lots of attention on Facebook, with thousands of reactions and shares and hundreds of comments.

Vannessa wrote: "Kudos to the officer for trusting their instincts and not ignoring this pup!"

While Tiffany said: "Wow that's amazing you always hear about stories like that but never think it would actually happen. Thank you Gita and to the officer for saving that man's life."

Another commenter, Jenn, praised both Gita and the deputy involved and said: "Deputy Wright sounds like an amazing asset to our department, thank you to him for following his gut and taking the time to investigate. I appreciate knowing that you're here helping our community. Dogs really are a man's best friend, it's proven time and time again."

Full Article & Source:
Rescue Dog Saves Life of 84-Year-Old 'Best Friend' Lying Injured for Hours