ABC Action News I-Team: Willi Berchau Enjoys First Hours of Freedom From Florida's Guardianship Program!

A man who has spent years under the control of Florida's guardianship program is now free to come and go as he pleases and says it's thanks in part to the I-Team.

The cry from friends and supporters was "Free Willi,”as Willi Berchau battled a court system that he says was working against him.

 He is now out of his court ordered guardianship and is speaking out.

With a smile on his face and a bounce in his step, Willi left his assisted living center for the first time without having to ask permission to go eat pizza.

“I feel like I lost all the problems in my life,” Berchau said.

When we met Willi over the summer, he had been placed in an Alzheimer's unit by his court appointed professional guardian Patricia Johnson.

“If you stayed there any longer, you would mentally go down,” Berchau said back in August.
Berchau had been in a guardianship after he reportedly tried to sell his home for too low of a price back in 2010.

Johnson, who he had never met, asked the court to become his guardian.

“I got the letter from the court to appear in court. Once I appeared in court, I knew that they got me,” Berchau said. “And I couldn't get out.”

Willi was declared incapacitated, lost all his rights and was appointed a guardian.

After he was put into an Alzheimer's unit, we got involved. Days later he was moved to a less restrictive environment.

Last month, he was re-evaluated by a doctor, who found that he had full capacity.

“At my age, I guess I'm doing pretty good,” said Berchau, who will turn 100 in April.

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Man enjoys first hours of freedom from Florida's Guardianship Program

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ABC Action News: Willie Berchau is Freed!

Panel seeks ouster of judge who didn’t reveal conflicts; she calls probate-court cases ‘ministerial’

A New York judge who has served on the state's probate court for more than a decade should be removed because she failed to reveal conflicts and recuse herself on multiple occasions, a disciplinary panel has recommended.

Previously censured in 2007 for her testimony before the State Commission on Judicial Conduct in support of a now-disbarred former state supreme court judge, the respondent, Albany County Surrogate's Court Judge Cathryn M. Doyle, 60, didn't learn from this experience that she needed to be more careful about the appearance of impropriety, says the commission's administrator in a written statement provided to the Albany Times Union. .

"From 2007 to 2011, Judge Doyle failed to disqualify herself from, and took judicial action in, nine matters involving attorneys with whom she had close professional and personal relationships," said the commission in a written opinion filed with the state Court of Appeals.

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Panel seeks ouster of judge who didn’t reveal conflicts; she calls probate-court cases ‘ministerial’

Denville man says he 'accidentally' sexually assaulted disabled woman, authorities say

A 58-year-old Denville man is facing sexual assault and neglect charges after he sexually penetrated a disabled woman, authorities say.

The woman, who is severely autistic, disclosed to authorities that Raymond Boyle sexually penetrated her, acting Morris County Prosecutor Fredric Knapp and Denville Police Chief Christopher Wagner said in a joint news release.
 
When interviewed, Boyle admitted to "accidentally" penetrating the woman, they said.

Boyle was arrested Monday following an investigation by the Morris County Prosecutor's Office and the Denville Police Department, Knapp and Wagner said. The investigation is ongoing, they said.

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Denville man says he 'accidentally' sexually assaulted disabled woman, authorities say

ABC Action News: Willie Berchau is Freed!

A man who the I-Team first reported was locked up in an Alzheimer's unit by his court appointed guardian, despite evidence he didn't belong there, just had his rights restored by a judge.

The I-Team first reported the story of Willie Berchau back in September. Berchau had twice been declared incapacitated by the court and was locked up in an Alzheimer's unit at the request of his court-appointed guardian.

His friends and supporters who believed he didn't belong there contacted ABC Action News. Berchau was frustrated with the system. "We have a free society," he said. "I have no rights to decide where I like to live and makes the few days I have left to live so miserable and uncomfortable," said Berchau.

After the interview aired, that all changed. A doctor found that he is capable of exercising all of his rights and recommended that he be discharged from  his court-ordered guardianship and be free to live where he wants.

Berchau's guardian had been opposed to him having his rights restored, saying his condition had actually worsened, but she later withdrew her objection.

Now, a judge has signed an order restoring all of Berchau's rights and ordered his money to be promptly returned to him.

Source:
Man Locked in Alzheimer's Unit by Court-Appointed Guardian is Now Free

See Also:
ABC Action News:  Who is William Bercheau?

Oversight of Nursing Home Trust Funds Limited

Many states do not require criminal background checks on nursing home staff who manage residents' trust funds, and few demand audits of those accounts – a regulatory gap that contributes to scores of cases in which the money is stolen or mismanaged.

Nearly every state requires background checks for nursing home staff in caregiving roles, but 20 states don't apply that requirement to office workers who do not routinely have direct patient contact, a USA TODAY review of state laws finds. Those office employees typically manage the trust accounts that nursing homes must maintain for residents who request that the facility safeguard their money.

In an investigation published in October,  USA TODAY found that thousands of nursing home residents have had their savings stolen while held in the trust accounts, usually by business managers, bookkeepers and other office staff. Because the accounts generally don't have to be audited, those crimes often go undiscovered for months, even years, and the thefts can reach hundreds of thousands of dollars.

"Obviously, this is a problem that should be addressed, and obviously it's one that hasn't been addressed very well," says Janet Wells, former director of public policy for the National Consumer Voice for Quality Long-Term Care.

Federal law provides the regulatory framework for the nation's 16,000 nursing homes, which have to meet an array of standards to participate in Medicare and Medicaid. Federal rules do not require audits for resident trust fund accounts, and most states take the same approach.

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Oversight of Nursing Home Trust Funds Limited














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Thefts From Nursing Home Trust Funds Target the Elderly

New scrutiny for guardians of vulnerable Nebraskans

LINCOLN — A group advocating for disabled Nebraskans plans to look into other “guardianship mills” following last week’s arrest of a Gering woman who had been named guardian for hundreds of people.

Judith Widener, 70, has been charged in Scotts Bluff County Court with stealing money from her wards.

Court records show that her company, Safe Haven Inc., had been assigned to act as the guardian for 688 people in more than 60 counties. The total includes inactive and closed cases, as well as ongoing ones.

Tim Shaw, CEO of Disability Rights Nebraska, said Widener’s firm is not the only organization that has sprung up recently to handle the affairs of elderly, blind and disabled people in Nebraska.

He said the firms need greater scrutiny, given the size and scope of problems uncovered with Safe Haven.

“I think there are questions to be asked about how these other guardianship mills are acting,” Shaw said. “Who’s watching them?”

Disability Rights, which provides legal representation and does other advocacy work, is pushing for Nebraska to create a public guardianship program that could end the reliance on private companies.

“Our current guardianship system needs reform,” Shaw said. “This case is yet another example of that need.”

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New scrutiny for guardians of vulnerable Nebraskans

Boulder theft from elderly case leads to woman's conviction

A 54-year-old woman was convicted Wednesday in Boulder District Court on felony theft charges for scamming an elderly Boulder couple of almost $600,000 over the span of seven years.

Michelle Ann Hebert was found guilty on two counts of theft from an at-risk adult -- a Class 3 felony -- as well as eight tax related charges by a jury after a four-day trial.

According to an arrest affidavit, Hebert met the victims, Howard and Charlotte Krasnoff, in 2001 when Howard Krasnoff, 89, became a patient at a Longmont eye clinic where Hebert worked as a receptionist.

The Krasnoffs said Hebert's behavior toward Howard was "flirtatious," and that she would often show him pictures of her daughter because he had a soft spot for children. He also had several medial issues, including Parkinson's disease and memory issues.

In 2005, Hebert showed up at the Krasnoffs' door and asked for a $300 loan to help pay for living expenses, according to court records. The Krasnoffs were confused by the request, but gave her the money because they knew her and thought she was a good person. Hebert did pay back the $300 loan.

But after that Hebert began seeing Howard Krasnoff -- a psychotherapist -- as a patient and asked him for more money. She told him stories about how her daughter was sick or that she was afraid of her ex-husbands when asking for loans, sometimes ranging in the thousands of dollars.

Hebert told the Krasnoffs she would pay them back when she won a multi-million dollar lawsuit she said she had filed or sold her house in Wyoming, but none of the loans were ever repaid.

She also used a credit card belonging to Howard Krasnoff to make purchases until he cancelled the card.

The Krasnoffs finally brought their case forward to investigators in April.

Howard Krasnoff passed away on Oct. 3, but was able to give a recorded deposition that was played for the jury, and Charlotte Krasnoff testified at the trial in person.

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Boulder theft from elderly case leads to woman's conviction

Jenny Hatch Becomes Icon for Disabled

Jenny Hatch has worked at a Virginia thrift store for more than six years.

“I love my thrift store,” she said.

The 29-year-old is meticulous -- making sure the shelves stay organized and the merchandise, fashionable.

“So the pink is, like, done now,” she said.

She even runs the register, with a little help from her co-workers.

The store owners, Kelley Morris and Jim Talbert, have long been Hatch’s friends. Now, they are also her guardians-- the result of a landmark legal battle for her independence. 

“I feel so much happy that I live here now because now I just come home and spend time with my friends,” she said.

Hatch, who has Down syndrome, wanted to live with Morris and Talbert. Her mother and step-father wanted her to live in a group home.

The case went to court.  Jenny won.

“We had to change long held, you know, ingrained beliefs about what people with disabilities can and can't do,” said attorney Jonathan Martinis.

The judge granted Morris and Talbert temporary, limited guardianship over Hatch until August 2014. After that -- it's up to her.

“I don't think Jenny needs a guardian for everything in this world,” Martinis said. “I think, to quote Jenny, she just needs a little help.”

Since her court victory, Hatch has become an icon for the developmentally disabled. In October, she also became the face of a foundation:  The Jenny Hatch Justice Project.

Full Article and Source:
Woman With Down Syndrome Becomes Icon for Disabled

See Also:
Disability is No Excuse to Deprive One of Civil Liberties

Press Release: Illinois Leads Way in Laws Protecting Seniors

Illinois is a leader in protecting its elderly population through a host of special laws. As such, lawyers often are empowered as seniors’ first, strongest allies against abuse, Barry Kozak, director of the Elder Law Program at The John Marshall Law School in Chicago, said during a recent panel held at the school.

Seniors, their advocates and government workers can take action against physical, emotional, sexual and financial exploitation, confinement and passive neglect. Illinois also is one of the few states that protects against self-neglect, such as hoarding.

Illinois has had the Elder Abuse and Neglect Act for several decades, which until recently had protected adults over age 60. The law was amended this year and renamed the Adult Protective Services Act, so now adults ages 18 to 59 with disabilities also are protected from abuse, neglect and exploitation.

Illinois lawmakers used the state’s child abuse laws as models when writing laws to protect the elderly. It made sense to follow the pattern because both populations need protective care in the likelihood of abuse, Kozak said at a recent John Marshall-sponsored panel on elderly issues.

As the public comes to recognize the needs of seniors, attorneys will be able to offer greater assistance because of Illinois’s protective statutes.

“This is a constituency that becomes more dependent on those around them,” Kozak said. “Attorneys will, in some cases, be their first line of defense against the unscrupulous actions of others who attempt to steal seniors’ assets or deny them the care they require.”

Panelists outlined how the Illinois Department on Aging, the Chicago Department of Aging, and support groups, including AARP, provide services.

The Illinois Department on Aging, for example, spends most of its budget working to keep people safe in their communities, said Mary Killough, deputy director for the Illinois Department on Aging. She explained to John Marshall students how the agency spent a year examining breakdowns in services and revamped many of its initiatives to make certain Illinois contractors were giving the care seniors needed. Today, Illinois’s Elder Abuse and Neglect Act is a societal model.

Full Press Release and Source:
Illinois Leads Way in Laws Protecting Seniors: John Marshall Professor