Fmr. Judge Larry Seidlin Settles Lawsuit

The civil case accusing former Broward Circuit Judge Larry Seidlin of fleecing a wealthy, widowed neighbor of money and property worth hundreds of thousands of dollars has been resolved by way of a confidential settlement, according to one of the attorneys involved in the case.

Barbara M. Kasler, who lived in the same Fort Lauderdale condo as the onetime judge, his family and in-laws, died Nov. 7, 2010, at age 84.

A confidential mediation settlement agreement was signed by the parties in September and October.

The civil lawsuit filed in Kasler's name, estimated her wealth at $5 million, and accused Seidlin — who gained national notoriety over his televised tearful handling of the Anna Nicole Smith death case — of feigning friendship with the widow, siphoning off her money and trying to hijack her estate.

The suit also accused Seidlin's in-laws, Oren and Barbara Ray, of buying a condo from Kasler at an unfair discount.

The Rays' attorney, former state Sen. Skip Cambell, on Wednesday confirmed the confidential settlement: "I wish I could tell you more, but I can't tell you more."

Kasler's niece, Corine Kasler, declined to comment.

State investigators twice cleared Seidlin, 61, of exploiting Kasler.

Full Article and Source:
Former Judge Accused of Exploiting Elderly Neighbor Settles Lawsuit

How to File a Complaint Against a Judge and an Attorney (Chapter 1-Part 3; Judges and the Court of the Judiciary)

This series is an attempt to make the public aware of recourse we have versus judges and attorneys who have “broken the rules” governing their licensed professions as public servants and officers of the court.

Most civilians aren’t even aware there is recourse, much less a governing body overseeing judges (Court of the Judiciary) to make sure they play by the rules (Judicial Code of Ethics; Judicial Code).

Considering that most civilians aren’t aware (because the legal system has kept this information in check) of their right to file a complaint with these disciplinary committees, this lack of information reveals an intentional effort by our trusted servants to cover up the errant practice of their industry resulting in the utterly compromised condition of our legal system. In other words, the legal system won’t be forthcoming with your rights to complain, for most are guilty of breaking the rules themselves. But when the rules are broken at the judicial level, even in the higher courts (and I witnessed it just last week in the TN Court of Appeals), it discredits and breaches trust in our entire government structure and furthers the chasm between public servants and the citizen-ship.

“Let the system work?” It cannot work when it is broken; and our legal system is broken, make no mistake, but not beyond repair. But If it is going to be repaired, it will require a massive effort on the part of civilians. We cannot count on the legislature, or its legislators, because it’s primarily made up of former practicing attorneys who have contributed, wittingly or unwittingly, to its broken condition. This series on filing complaints is of paramount importance, for it brings the legal system into accountability and restores the power to “we, the people”; and that’s what our forefathers intended-checks and balances.

“We, the people” have a moral imperative to spread the word and make all citizens aware of the power we do have in the legal process, separate from judges and attorneys, and the governing thereof; which could, should and would result in the much-needed moral revolution within our legal system.

Full Article and Source:
How to File a Complaint Against a Judge and an Attorney (Chapter 1-Part 3; Judges and the Court of the Judiciary)

Caregivers Accused of Waterboarding 89-Year-Old Woman

Two nursing home employees in Georgia were arrested for allegedly attacking an elderly woman in a "manner similar to waterboarding," according to local police.

Police claim that Cicely Reed and Jermeller Steed held down Anna Foley, who has severe dementia, and sprayed water from a shower in her face to make it seem like she was drowning, TV station WGCL reports.

The attack, which occurred in 2008 the station says, began when Reed and Steed argued with Foley over ice cream. The workers allegedly confined Foley to a shower room and they held her hands and wrists, according to The Daily Mail, while they used water from the shower nozzle to obstruct her breathing. The arrest warrant described the incident as "similar to waterboarding."

Full Article and Source:
Woman Waterboarded: Police Arrest Jermeller Steed and Cicely Reed For Mock-Drowning On Elderly Patient

C.A.: Legal Fees May Be Awarded for Temporary Conservatorships

A daughter who successfully obtained a temporary conservatorship over the person of her elderly father was entitled to recover her costs and legal fees, even though the convervatorship was not made permanent, the First District Court of Appeal has ruled.

Div. Four on Tuesday said the compensation and reimbursement of expenses to Bobbie McDonald, paid by the estate of her father, Bobby Cornelius, was proper.

McDonald had petitioned for temporary and permanent conservatorships over Cornelius, a 73-year old widower, last July.

She asserted that her father was of a compromised physical mental and physical state, rendering him susceptible to fraud by persons who had moved into his home and were operating a marijuana farm on the premises. Declarations from several family members also attested to this.

Investigator’s Report:
A court investigator was appointed to evaluate whether a temporary conservatorship was appropriate, and concluded that Cornelius was “urgently in need of medical and medication supervision and proper nutrition, and is at high risk of undue influence from what appear to be virtual strangers that he has allowed to live in his home.”

After reviewing the report and holding a hearing attended by Cornelius’ attorney, Sonoma Superior Court Judge Mark Tansil found that a temporary conservatorship was in Cornelius’ best interest. McDonald was appointed the temporary conservator, but she was subsequently replaced, at her request, by a professional fiduciary.

Cornelius filed an objection to the appointment of a conservator and a declaration stating his disagreement with his family members’ declarations. He also demanded a jury trial, which was set for last December.

For reasons which did not appear on the record, McDonald dismissed her petition for conservatorship before the trial began. In February she sought and received an award of $34,000 for the compensation and reimbursement of expenses to the temporary conservator, attorneys, and care providers.

Cornelius challenged this award on appeal, contending no such compensation is authorized under the Probate Code unless a permanent conservator appointed.

Sepulveda noted there was “substantial, indeed overwhelming, evidence that conservatee Cornelius was benefitted by the temporary conservatorship,” which supported the trial court’s finding that the temporary conservatorship was established in good faith and in the best interests of the conservatee.

The case is Conservatorship of Cornelius, 11 S.O.S. 6150.

Full Article and Source:
C.A.: Legal Fees May Be Awarded for Temporary Conservatorships

'The Forgotten Ones - Compassion for the Elderly'

The causes of depression in the elderly are obvious: frustration with the loss of memory and physical ability, chronic pain or illness, moving into a nursing home, death of a loved one and financial insecurity.

The causes of loneliness in the elderly are also obvious, but for some reason, we tend to overlook them. A loss of hearing makes phone calls difficult. Trouble walking means no driving, n...o exercise and no pets. Vision problems mean no reading.

Most important, the elderly often are embarrassed and feel they can't tell anyone because someone might think they are losing their minds and need to be in a nursing home.

Imagine your life if you could not talk on the phone, go for a walk, drive to church or read a newspaper. Many of your loved ones may have died or moved away. Asking for help is not an option. Just imagine how lonely that would be.

~ by Christine Stapleton

Source:
Facebook: The Forgotten Ones - Compassion for the Elderly

'The Senior Citizens Song'

Source:
YouTube - The Senior Citizens Song

Family of Dementia Patient Suing Car Dealership

The family of a dementia patient who bought a new pickup, led police on a high-speed chase and later died of a heart attack are suing the dealership that sold it to him.

Family members of Donald Davis claim negligence, willful misconduct, elder abuse and wrongful death in the lawsuit filed against Cabral Chrysler Jeep Dodge Ram, owner William Cabral and finance manager Jeannette Mendoza.

"I have to go forward to show that they did indeed do something wrong," said Davis' widow, Janet. "They took away the humanity in my husband."

Davis, 67, had heart problems and dementia and was confined to a wheelchair at Manteca Care and Rehabilitation Center. On Oct. 28, 2010, his sister came to visit and found his room empty. A search found the phone number for Cabral on a notepad, and the family eventually learned Davis had gone there and bought a Dodge Ram pickup.

The lawsuit claims Mendoza picked up Donald Davis from the care home. Davis was sitting in his wheelchair on the porch, wearing sweat pants, a shirt and slippers, and he fell into Mendoza as she tried to get him into the truck.

Mendoza called Cabral and "expressed concern about the safety and propriety of transporting Donald under the circumstances and was nevertheless instructed by William Cabral to bring Donald to the dealership," the lawsuit says.

Once there, Davis could not fill out the required paperwork, so Cabral employees did it for him, even forging his signature, the lawsuit claims. Then, though Davis had no money, checkbook or driver's license, they helped him into the $38,000 truck and let him drive away.

Full Article and Source:
Family of Dementia Patient Suing Manteca Car Dealership

Conservatorship Strips 81-Year-Old TN Widow of All Possessions

Here in America, none of us expect to have our home, property or legal rights infringed upon without due process.

But things work a little differently than you might expect in one court system right here in Nashville.

One woman ended up losing everything, and it could happen to anyone.

Jewell Tinnon used to own a home. It was paid for.

But that house, and everything inside, was auctioned off to the highest bidder in March.

"I wish I was at home. I worked hard, and paid for it," Tinnon said.

Her car was sold, too, and her clothes and all her furniture.

The 81-year-old widow lost nearly everything after she came under a guardianship, also called a conservatorship.

The very people who were assigned by the court to watch over her, to safeguard her possessions, liquidated it all.

When a person is appointed a guardian, they can't sign contracts, or write checks, or buy and sell things. They can't vote, or drive, or marry. They can't decide what doctors to see or what medications to take. They can't chose where to live, or hire their own lawyer.

Ms. Tinnon was assigned a public guardian from an agency for the elderly. That guardian did not return our calls for this story, but we were able to talk to the attorney the judge had assigned to represent her, Karl Warden.

"I feel very sorry for her," Warden said.

Her guardian decided that a nursing home was the best place for her and said her house should be sold.

Judge [Randy] Kennedy agreed.

At a public auction, it brought $83,000. That's a little more than half of what the tax assessor said it was worth.

The guardian also cashed in her whole life insurance policy with the judge's permission, all in an attempt to turn her assets into cash to pay her bills.

[T]he judge ordered that a big chunk of the money from the sale of her house must be used to pay off her eight different lawyers and guardians, $37,645.

The frightening thing is, this could happen to anyone.

Once you're put under a conservatorship, it can cost every cent you have to get out. This is the third case we've profiled from Judge Randy Kennedy's court. You might remember the case of songwriter Danny Tate who lost his fortune fighting to get out from under a conservatorship case.

We also told you about Ginger Franklin. She fell down a flight of stairs, came under a conservatorship while in the hospital and ended up losing her condo and her car.

Judge Kennedy declined to be interviewed on this case.

Full Article and Source:
Conservatorship Strips 81-Year-Old Widow of All Possessions

See Video

'My Wonderful Dad'

This is me & my Daddy. I hadn’t been allowed to see him by his spouse for months. There is nothing on Earth that is worse than not being able to be by the ones you love and care about most when they need you most.

Before the court ruled, the judge allowed me to go to the property and see my Dad & take photos, videos etc. I was just happy to see my Dad & laughed at the crazy madness in the background.

I love you Dad! I know in my heart he knows in his heart I haven’t and will not give up on him. I will forgive from my heart, because I have to. I will continue to do what is right in my heart."

Source:
My Wonderful Dad

Note:
Ronald Richard Kirkwood September 19, 1942 - June 21, 2011 I love you Dad! I know you are happy now. Your heart will forever live on through mine.