Saturday, January 31, 2015

The Vegas Voice: Rana Goodman: What Would You Do?

Rana Goodman,
The Vegas Voice
There is a knock on your door and the caregiver who has stopped by to check on your wife motions you to sit. He will answer the door for you.

Two people enter; a woman and a man. They approach you and the woman says: “Mr. X, I am an officer of the court. You and your wife need to come with me.

You ask: “Why, what have I done? Go with you where?”

She responds. “You have three choices. I can have you arrested, you can go to the assisted living facility that I have chosen for you, or you can be taken to a mental facility.”

This is what happened to a couple I recently interviewed.

When the couple asked to see a warrant or legal document ordering them to go with her, she simply showed her business card (which identified her as a private guardian) and stated that legal papers would arrive within the next few hours. Those three hours stretched into weeks.

For the three days after this couple were whisked away, their adult daughter frantically tried to locate them. Eventually, a notice was taped on their front door stating that they had been moved to an assisted living facility miles away from their home.

Once the daughter’s finally locates her parents, she learns that an unknown private guardian had been assigned by the family court, without a hearing that included her parents. The court document for this action contained two blatantly false statements: that this daughter (and only child) never sees the parents and is an addict, and that the husband has dementia and can no longer care for his wife.

In my interview with this elderly couple, I found the husband (who has been the primary caregiver for his wife for the last 19 of their 50 years of marriage) to be the most articulate, soft spoken person I have met in a very long time. His only concern was her happiness and well-being knowing that she is now wheelchair bound and in the latter stages of leukemia.

Full Article and Source:
What would you do?

See Also:
A Very Dangerous Law, Part 2
The Pitfalls of Guardianship

Please sign the Petition to Correct Nevada Guardianship Law

Rana Goodman and Vegas Voice readers signing the petitions
Please clip, sign and mail or sign the petition online at http:www.TheVegasVoice.net.

(Nevada law requires a guardian be a resident of the state.  Many retirees move to Nevada and their families, still in the workforce,  live in other states; thereby preventing family from being appointed as guardian despite being ready, willing and able to serve -- and the Alleged Incompetent Person's wishes for family to handle his/her affairs rather than a professional guardian or a Public Guardian).

Family Court Judge Charles Hoskin - Favored by Attorneys, but Maybe Not by Judges or Voters

Last year the Clark County District Court sought a new hearing master to serve in the Family Division. Duties included overseeing hearings and rendering opinions on cases that dealt with issues such as abuse and neglect, child support, domestic violence and guardianship. Over 75 applicants submitted formal requests to become a hearing master. A committee made up of Judges voted and the top three finalists included Soonhee A. Bailey, Yolanda M. Carroll and Amy M. Mastin.

Former Chief Judge Jennifer P. Togliatti issued a press release seeking the public’s vote and in turn promised transparency and fairness in the selection process in addition to hearing public comment.

“Inviting the public to give input into the process is intended to improve transparency and build public trust and confidence,” Clark County District Court Chief Judge Togliatti said in a news release. “The policy also ensures a consistent selection procedure.”

Judge Togliatti, Human Resources Manager – Ed May and 19 of the Family Court Judges listened to presentations and voted on their favorite hearing master candidate. One applicant in particular garnered 12 of the 19 votes, well over 50 percent. Immediately the results were leaked inside the legal community and they were happy with the selection. It was even divulged that one of the Family Court Judges would mentor the applicant.

Apparently Judge Hoskin was not in agreement with Soonhee A. Bailey being selected by the Judges. So he privately approached a Family Court Judge and asked her if she would support his decision to circumvent the popular vote of 19 other judges and break the promise of transparency and fairness that was promised to the public. She did not approve. About a week later Judge Hoskin called and informed Amy M. Mastin, the candidate with only four (4) votes that the Judges had selected her to for the position of Hearing Master.

Former Chief Judge Jennifer P. Togliatti was silent and did not issue a formal apology or an explanation of the sole action of Judge Hoskin. The general public was outraged and 12 Family Court Judges felt slighted and disrespected because like the public, their vote did not matter and was not recognized.

Source:
Family Court Judge Charles Hoskin - Favored by Attoneys, but Maybe Not by Judges or Votors

Friday, January 30, 2015

The Vegas Voice: Guardianship: A Legal Sham and Disgrace

Rana has been on her Don(na) Quixote crusade to protect seniors from the abuses and scandal regarding the Guardianship (Nevada Revised Statutes - Chapter 159) laws. For the past few months, she has taken me kicking and screaming into this issue.

On each and every occasion, when I told her that “it could not happen” she provided the paperwork.

As a former attorney, I learned how to read the law, petitions and court orders. More importantly,I was taught how to read between the lines.

From our research and investigation, it is clear that these “Private Guardianships” are nothing short of a racket. It gives “ambulance chasers” a good name.

Let me be very precise in our findings:
Having a private guardian appointed for a senior is like selecting a child molester to run a day care center. It is financial elder exploitation; sanctioned and approved by the Court and Nevada.

One example: According to court records filed by a private guardian, is not ready to release her name yet - but we’re real close) it listed an elderly couple’s (mentioned in Rana’s column) bank account as having approximately $23,000.

The initial court order authorized this private guardian to seize $10,000 for the husband and then an additional ten thousand for the wife (a total of $20,000) for the couple’s on-going expenses AND (of course) the expenses related to the court proceeding.

Just like that - the couple’s bank account was depleted by nearly 90%.

Just like that, the guardian was allowed “reasonable compensation and expenses.”

Just like that, the guardian was allowed to hire an attorney to represent the guardian and to have the lawyer receive “necessary compensation as well as expenses.

While the guardianship laws require an annual accounting, such filing was not done.

What did the court do over this failure? Nothing.

Where did all the money go?

Full Article and Source:
The Vegas Voice:  Guardianship:  A Legal Shame and Disgrace

Petition to Correct Nevada Guardianship Law

Please clip, sign and mail or sign the petition online at http:www.TheVegasVoice.net.

(Nevada law requires a guardian be a resident of the state.  Many retirees move to Nevada and their families, still in the workforce,  live in other states; thereby preventing family from being appointed as guardian despite being ready, willing and able to serve -- and the Alleged Incompetent Person's wishes for family to handle his/her affairs rather than a professional guardian or a Public Guardian).

Thursday, January 29, 2015

Tonight on T.S. Radio: Journalist Mike Volpe: Corruption in Family Courts

Mike Volpe returns to discuss the abuses occurring in several states via Family Courts.

Volpe's article "Chris Christie named in two lawsuits alleging violations by Family Courts" appears on Rebel Pundit. In Connecticut, children were handed over to pedophile rings after their mothers were arbitrarily determined to be mentally ill.

In New Jersey, "in Bergen County, a lawsuit led by Karin Wolf, including more than forty women, will allege that courts ignore abuse on a widespread basis–be it sexual, physical, verbal, or emotional–and instead label women making these allegations as parental alienators or as having a variety of mental illnesses or defects." REBEL PUNDIT

Later in the show, Mike will discuss Bullied to Death: The Chris Mackney Story his new book about the stalking and harassment of Chris Mackney, a man driven to suicide by the abuses in family and divorce courts resulting in the loss of access to his children, financial ruin and repeated arrests spanning several years.

Family courts are the last place you want to end up.

7:00 pm EST

LISTEN LIVE or listen to the archive later!

Nursing Home Abuse Advocate

Nursing Home Abuse Advocates (NHAA) was formed to help individuals and family members of nursing home residents be informed about their legal rights regarding abuse and neglect of their loved ones.

Questions arise from abuse and neglect of the elderly living in nursing homes. Questions such as, why does my father or mother have bed sores or how did my mother fall and break her hip? We are here to help assist you in finding those answers and putting you in touch with someone who can help you recover and hopefully put an end to abuse and neglect of the elderly.
NHAA has compiled some common Nursing Home Abuse & Neglect situations:
  1. Malnutrition and dehydration
  2. Decubitus ulcers a/k/a bedsores or pressure sores
  3. Sexual abuse by other residents and/or employees
  4. Falls caused by mishandling and lack of attention
  5. Failure to follow medical and physical treatment plans
  6. Failure to contact physician for emergencies and non-emergencies
  7. Unexpected DEATH
Source:
NursingHomesAbuseAdvocate.com

"Without Conscience: The Disturbing World of the Psychopaths Among Us"

Most people are both repelled and intrigued by the images of cold-blooded, conscienceless murderers that increasingly populate our movies, television programs, and newspaper headlines. With their flagrant criminal violation of society's rules, serial killers like Ted Bundy and John Wayne Gacy are among the most dramatic examples of the psychopath.

Individuals with this personality disorder are fully aware of the consequences of their actions and know the difference between right and wrong, yet they are terrifyingly self-centered, remorseless, and unable to care about the feelings of others. Perhaps most frightening, they often seem completely normal to unsuspecting targets--and they do not always ply their trade by killing.

Presenting a compelling portrait of these dangerous men and women based on 25 years of distinguished scientific research, Dr. Robert D. Hare vividly describes a world of con artists, hustlers, rapists, and other predators who charm, lie, and manipulate their way through life. Are psychopaths mad, or simply bad? How can they be recognized? And how can we protect ourselves? This book provides solid information and surprising insights for anyone seeking to understand this devastating condition.

Avaliable through Amazon

Wednesday, January 28, 2015

Prosecutors dismiss charges against Solon attorney accused of stealing from military veteran



CLEVELAND, Ohio – Cuyahoga County prosecutors dismissed charges Monday against a Solon attorney who was accused of stealing from the bank account of a disabled Army veteran.

Gary Bakst, 59, was indicted earlier this month on charges of theft and tampering with evidence in connection with what prosecutors had said was the $1,218 theft from Kevin C. Hart, 54, in October. Bakst served as Hart's guardian since 2006, as Hart suffers from schizophrenia.

"This is exactly what we had said: Mr. Bakst did not steal any money from Mr. Hart,'' said defense attorney Andrea Whitaker.

The case is the second involving Bakst's work with veterans. In December, he pleaded guilty in Cuyahoga County Common Pleas Court to identity fraud and tampering with government records. He admitted to using another attorney's identity to bill for legal work in the cases of the veterans.

Prosecutors said Bakst did that to circumvent Probate Court rules that limited his ability to generate fees as both guardian and lawyer of the disabled veterans. He illegally billed $15,301 using the attorney's identity last April. Judge Pamela Barker is expected to meet with lawyers and Bakst on Thursday for a hearing in that case.

On Monday, Matthew Meyer, an assistant Cuyahoga County prosecutor, dismissed the theft charges his office brought against Bakst. Meyer said an investigation into the theft allegations began when Hart's daughter, Alisha, gave multiple statements to authorities that Bakst had failed to reimburse her for the cost of buying her father a mattress for $1,218.

Meyer said that records indicate that Bakst withdrew that amount from Kevin Hart's bank account Oct. 6 by writing a check to cash. After a Probate Court judge removed Bakst from serving as Hart's guardian Oct. 17, Alisha Hart told the new guardian, Paul Silver, that Bakst had failed to reimburse her for buying her father's mattress, Meyer said.

The prosecutor said Silver then wrote Alisha Hart a cashier's check for the $1,218, which was drawn from Kevin Hart's bank account. Last week, Alisha Hart sent an email to prosecutors that she also had received a check for a similar amount from BCH Management Group, a business owned by Bakst.

Hart told prosecutors that she had confused the check with an insurance settlement for property damage to her home and had not realized that Bakst had sent it Sept. 19 as a reimbursement for the bedding because of "the lack of any identifying information on the check or communication from Bakst.''

Hart realized the mistake when she was preparing to file her taxes, Meyer said.

"Although it is unclear why Bakst would have chosen to give money to Ms. Hart from funds that he personally controlled (instead of directly from the guardianship account) or why he would have written a check to cash from the guardianship account to reimburse himself later, the evidence does not indicate that Bakst kept the money taken from Kevin Hart's account,'' Meyer said.

Full Article & Source:
Prosecutors dismiss charges against Solon attorney accused of stealing from military veteran