$1.1 Million Diverted

The Office of Attorney General Lori Swanson has filed a criminal complaint in Rice County District Court charging a Dakota County woman, Connie Ruth Rott, with nine felony counts of theft by swindle and five felony counts of financial exploitation of a vulnerable adult for diverting over $1.1 million held in trust for the benefit of Rott’s elderly mother, D.S.

In 2000, D.S. placed real estate she owned in Northfield, Minnesota that she originally farmed with her late husband into a revocable trust to be used for her care, comfort, support, and maintenance, naming her daughter Rott as Trustee. D.S. also signed a durable power of attorney naming Rott as her attorney-in-fact, and in 2003, Rott was named D.S.’s legal guardian. In 2004, D.S. was admitted to the dementia unit of the Three Links Care Center, a Northfield nursing home. D.S. requires total assistance with activities of daily living. Rott agreed to make timely payments to Three Links using D.S.’s income and assets.

The complaint alleges that, between 2004 and 2007, Rott sold three pieces of the real estate D.S. placed into trust, for a net amount of over $1.3 million, and then diverted over $1.1 million in proceeds from the sale of the real estate to her own benefit or for the benefit of persons other than D.S. For example, the complaint alleges that disbursements from the trust included, among other things:
· $59,056 for Rott’s mortgage and property taxes
· $754 on alcohol
· $47,936 in ATM withdrawals/cash
· $157,887 payable to third persons, including Rott’s children
· Thousands of dollars in travel costs
· Thousands of dollars in court fees, criminal defense attorney costs, and other related legal expenses for Rott’s son, who was convicted of first degree manufacture of methamphetamine
· $8,685 in expenses for Rott’s family snow plowing and yard service

In October, 2007, Rott stopped issuing payments on D.S.’s behalf for the care provided to her at the Three Links Care Center nursing home. By June, 2008 D.S.’s account at Three Links was eight months past due and, because of the non-payment, the nursing home issued a notice of intent to discharge D.S. in June, 2008. That same month, Rott told the nursing home she planned to remove her mother from the facility.

An emergency guardianship and conservator proceeding was then filed by Rice County Adult Protective Services, and on June 27, 2008 the court granted an emergency guardianship and conservatorship.

D.S.’s court-appointed emergency guardian applied for a “hardship waiver” so as to obtain Medical Assistance benefits to pay for D.S.’s health care at Three Links. As a result, the taxpayer-financed medical assistance program is now paying approximately $4,200 per month for D.S.’s care.

The case is being prosecuted by the Attorney General’s Medicaid Fraud Division.

Full Article and Source:
Attorney General charges woman with felony theft

More information:
Dakota Co. woman accused of stealing $1.1M from mom

Daughter accused of stealing more than $1.1M from ailing mother

Lakeville woman charged with swindling her mother

Document: Connie Ruth Rott criminal complaint

"Everything But Marriage" Bill

Same-sex domestic partners would have all of the rights and benefits that Washington offers married couples under a measure passed by the Senate.

Supporters of the bill said it offers same-sex couples fairness that has been denied them under the state's 1998 Defense of Marriage Act, which restricts marriage to unions between a man and woman.

The bill expands on previous domestic partnership laws by adding reference to partnerships alongside all remaining areas of state law where currently only married couples are mentioned, statutes ranging from labor and employment to pensions and other public employee benefits.

The underlying domestic partnership law provided hospital visitation rights, the ability to authorize autopsies and organ donations, and inheritance rights when there is no will.

Last year, lawmakers expanded that law to give domestic partners standing under laws covering probate and trusts, community property and guardianship.

Full Article and Source:
Wash. Senate passes "everything but marriage" bill

More information:
Lawmakers announce 'everything but marriage' bill

Petition by Dee King

We the undersigned want our legislators to say "NO" to the proposed Bill # SB 576 called the 'Uniform Adult Guardianship and Protective Proceedings Act'.

This bill, if approved, would create broader jurisdiction for the probate courts and would deprive us, the elderly, the disabled and others the right to a defense of "deprivation of liberty" and our due process rights would be altered or negated.

We, by signing, state emphatically, that we want to put an end to the proposal and/or acceptance of this bill that would rob us, the citizens, of our rights.

Therefore, we hereby pronounce our vehement opposition to SB 576 and entreat our legislators to defeat this legislation.

Sign the petition:
SAY 'NO' TO UNIFORM ADULT GUARDIANSHIP/JURISDICTION ACT

Dee King is the daughter of guardian abuse victim Daniel Gross

Newly-Released Documentary

The story of Terri Schiavo caused a nationwide uproar that garnered the attention of the worldwide media, the U.S. Congress, and even the office of the President of the United States. As the fourth anniversary of her death approaches, the ethical and cultural implications of her case are still being felt throughout society and continue to spark debate. In the newly-released documentary, The Terri Schiavo Story (Franklin Springs Family Media), previously unexplored facts of the case are revealed through in-depth interviews with participants on both sides of the issue.

The case remains a touchstone of controversy. Just last year during the Democratic debates, President Obama said one of his "regrets" as a Senator was voting for Congress to intervene to save Terri's life. Hosted by author and speaker Joni Eareckson Tada, who became personally involved in the case in 2005, The Terri Schiavo Story sheds new light on the controversial decision that led to the death of a 41-year-old disabled woman.

So what did the mainstream media overlook? Several things, according to the film's producer and director Ken Carpenter.

Carpenter: "I think most people thought Terri was in a vegetative state with no prospects of improving. The truth is, the doctors believed Terri was a candidate for rehabilitation, but her husband withheld that treatment."

Additionally, we uncovered that only one judge ruled on the facts of the case. All the other judges looked at procedure issues and not the original facts. Working on this project made clear to me that we need to keep Terri's story alive. Our children need to know where the lines were drawn when our government and court system "let Terri die."

Full Article and Source:
New Terri Schiavo Documentary Reveals Facts Overlooked by Mainstream Media

Children Taken Away From Mother

Protest by Suffolk County New York residents against order issued by Judge Bivona who ordered that two girls be taken from their home against their will to live with their father.

The protesters fear that the children will be subjected to drugging and indoctrination by a company called the Rachel Foundation in Texas.

During the proceedings, Judge Bivona had issued a gag order which prevented anyone from telling the girls anything about what was going to happen to them. When the final order was issued, two detectives went to their home and took them away without prior warning. The girls are 9 and 10 years old.

Protesters believe that there is corruption in the courts and that the father of the children is a wealthy attorney who has familiar relationships with attorneys and judges in the courthouse. Protesters state that children need to be heard and that cameras need to be in the court rooms in New York and that behind door conferences lead to deals made by attorneys that benefit themselves and that are not in the best interest of the children.

They also believe that all court proceedings must be open to the public to prevent corruption. and cases should not be sealed.

"No Conservator is Needed"

Closing arguments in the Crean conservator trial took an hour and forty-five minutes. Judge Mary Fingal Shulte will render her opinion on April 20.

What she must decide in this first phase is if Donna Crean, suffering from advanced Alzheimer's and diabetes, needs a conservator.

Before closing arguments, Johnnie Crean instructed his attorneys to withdraw his application to be named his mom's conservator, but continued to argue no conservator is needed.

There have been six lawyers sitting across from Judge Shulte. Ernest Hayward and Patina Madison are court-appointed attorneys representing Donna Crean. By law they must advocate for her wishes. Hayward made it clear throughout the trial, his client doesn't want a conservator, but if one is appointed, her choice would be son Andy.

In his closing argument, Hayward stated that travel, visitation and Donna's social structure decisions fall under the Health Care Directive already in place in which Andy Crean is in charge. He believes there are overlaps in this directive and thus no conservator should be named. Though he recognizes there are issues within the family dynamic; Donna's being well cared for even suggesting she wear gloves on outings to protect her from illness when in contact with the public.

Johnnie Crean's attorneys are Bruce Gary and John Wong. Gary read his closing arguments verbatim from a prepared statement stating "the current system is doing enough providing food, clothing and shelter for Donna Crean," thus meeting the criteria not to appoint a conservator. He acknowledged his client's "inability to communicate without throwing gasoline on a fire" and stated "the children want protection from each other, not a criteria for the court to appoint a conservator."

Full Article and Source:
Judge will rule April 20 on Crean conservatorship - Six attorneys involved in closing arguments

See also:
Family Dynasty Battle

New Guidelines for Appointing GAL's

Starting in May, courts across the state will have new guidelines for appointing guardians ad litem.

The provisional rules adopted by the Tennessee Supreme Court call for fewer appointments of GALs to represent the interests of children or adults with diminished mental capacity in court proceedings.

Tennessee Supreme Court Chief Justice Janice Holder of Memphis also said the rules will better define what their role is in the court proceedings, such as divorce or child custody matters.

Holder, in a written statement, said the new rule, 40A, “should result in a reduction in the frequency of appointments of guardians ad litem.”

Holder: “They also give those appointed as GALs clearer direction about the duties a GAL must perform as well as limitations on a GAL’s involvement in a case. The proper role of the GAL is to represent the best interests of children involved in divorce and other custody proceedings, and this rule gives clear guidance about how to properly carry out that duty and should reduce the overall costs to the parties.”

The guidelines are posted on the Web site of the state Administrative Office of Courts, www.tncourts.gov

Full Article and Source:
High Court Takes Conservative Stance on GALs

Secrets in America: The Crisis of Elder Abuse

A documentary produced by the Stanislaus County communications department tells how two scam artists were not able to cash an elders check and later were convicted. The documentary includes interviews with Emmy Award-winning actress and senior advocate Doris Roberts and national experts on elder abuse.

The half-hour film will be shown at the Gallo Center for the Arts on Thursday, March 12 at 6:00pm. to launch a public education project and introduce the nonprofit Stanislaus County Senior Foundation, a group formed to supplement dwindling resources for seniors.

One hundred DVDs were produced for showing "Secrets in America" at senior centers, retirement communities, churches and other venues. Community groups or nonprofit organizations can get a copy for free.

Full Article and Source:
Film shines light on elder abuse - Stories shared in hope of sparing others

Non-Lawyer Judges Fight Reform

Probate judges fighting reform of their courts oppose the most basic change of all.

Incredibly, they don't think probate judges — who often work part time in return for full-time benefits and hefty salaries — should even be lawyers.

The whole idea of non-lawyer judges seems odd, like a practicing doctor without an M.D. But this is Connecticut, where anyone with enough lawn signs or political connections can be elected judge and probate-sanctioned kidnappings remain frighteningly common.

Requiring judges to be lawyers was one of the many reforms that state legislators were wrestling with as the judiciary committee began considering far-reaching changes for probate, the only court system in Connecticut that has remained largely unaltered since Colonial times.

The probate judges turned out in force to say they don't want the bigger regional courts, let alone mandating a law degree or becoming part of the dreaded Superior Courts. Most opposed Gov. Rell's proposed — and long overdue — consolidation of the courts.

Full Article and Source:
Probate System Fights Reform. Nothing New

See also:
Blindsided

Rell's Surprise

Judges Will Take Pay Cuts

Probate System Going Bankrupt