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FB: Ageless Alliance
Monday, June 15, 2015
Protection for seniors may be on way
A state Supreme Court committee is examining the proposed expansion of a
rule that allows the courts to preserve testimony of victims who might
not be available to testify if a case languishes in the system.
The rule may be expanded to include victims whose age or illness, like
dementia, might make it impossible for them to have their day in court.
The committee is also weighing the value of adding a box to a
standardized arrest form that would indicate whether the victim is
elderly, which could help to expedite those cases.
Meanwhile, the state House Committee on Aging and Older Adult Services
is considering a number of proposals that would enhance the safety net
for seniors, including one that would mandate banks to report suspected
financial exploitation of the elderly.
Another would establish a registry of people against whom allegations
of elder abuse have been substantiated, to prevent known abusers from
getting jobs where they would be alone with seniors.
Amendments to the Older Adults Protective Services Act could be sent to
the House for consideration by fall, said Rep. Tim Hennessey, R-26, the
committee chairman representing Chester and Montgomery counties.
Much of the action is being driven by an advisory council that was
formed about six months ago to implement recommendations made by the
Supreme Court’s Elder Law Task Force.
Pennsylvania, with more than 2 million seniors, has the fourth largest
percentage of elderly in the country. As the population ages, they
become more vulnerable to exploitation and abuse, and the court system
becomes more difficult to navigate.
“It certainly presents issues that are unique to the court system,”
said Superior Court Judge Paula Francisco Ott, who leads the advisory
council. “We need to be certain that we address those issues ... in a
manner that recognizes some of their limitations that have come with age
and that we’re sensitive to them.”
The Advisory Council on Elder Justice in the Courts, mostly composed of
judges, lawyers and senior advocates, began meeting shortly after the
task force delivered its 130 recommendations in November.
The council has been identifying the most practical suggestions that
can be implemented at little to no cost in order to make swift progress.
The group also formed a subcommittee on funding to analyze the costs of
other initiatives and to identify potential funding sources.
“All these issues always come down to a funding discussion, and we
don’t know where we are on (the state’s) overall general funds budget,
so it’s a little difficult to say we’ll have money available for
anything that the council wants to recommend,” Hennessey said.
Homeless at 90
When Karen Buck, executive director of the SeniorLAW Center in
Philadelphia, thinks of why she has contributed time to the advisory
council’s work, she remembers a 90-year-old World War II veteran in
Pennsylvania who was financially exploited.
He had been a relatively affluent and healthy man, but the turmoil left him homeless and frail.
To make matters worse, Buck said there were several delays to the trial. “The defendant was trying to live him out,” she said.
Buck said this situation is exactly why the rules on preserving
testimony need to be expanded and encouraged in court proceedings
involving seniors.
A requirement for banks to report suspected abuse or exploitation could
also save seniors before they find themselves in this veteran’s
situation.
Council members Hennessey and Ronald Costen, an attorney with Temple
University’s Institute on Protective Services, said banking industry
officials have resisted the designation as mandatory reporters because
of the potential liability if bank employees were to fail to monitor and
report.
But both men insisted that it was an important step to protect older
adults. “You need to look at the records of older adults in real time,
when the abuse or theft is occurring, so you can slow it down or stop
it,” Costen said.
Maryland passed a law in 2012 requiring banks and credit unions to
report suspicions of financial exploitation for people 65 and older. If
they fail to report it within 24 hours, the banks face penalties of up
to $5,000.
Test runs
The council is also keeping tabs on two pilot programs that could
eventually serve as models in the state and possibly the nation.
In Philadelphia County, council member President Judge Sheila
Woods-Skipper has launched a pilot elder court in recent months. She
said the court is collecting data on older victims and observing what
accessibility problems they have, such as whether they can see and hear
in the courtroom.
They are also training judges and lawyers to provide additional support
services and considering how to prioritize cases involving seniors
without violating due process for others.
“We’re discovering we do have some resources already available for
elders, but we need to coordinate them so people are aware of them and
help elders access them,” Woods-Skipper said.
A pilot guardian training program in York County has also yielded some
valuable lessons in what families and professionals need to know before
they take on the financial and personal decisions of an elderly or
disabled person who is deemed incapacitated.
“We want to make certain they understand the scope of responsibilities,
including filing reports,” Ott said. “We need to know whether they’re
not filing because they don’t understand the process or because they’re
not paying attention to the incapacitated person.”
Ott said they would like to develop a video tutorial to show to guardians.
Many of the task force suggestions focused on regulating
court-appointed guardianships. The task force said the state should
require criminal background, firearms and credit checks of guardians,
and increased monitoring of the reports guardians must file.
These matters have not yet been addressed, but the council has focused
on a life-changing moment for some seniors. When a judge determines an
elder is incapacitated, they must surrender nearly all rights to another
person.
To ensure the judge has the appropriate information to make that call,
the council has developed a standardized form for health-care providers
to fill out for the courts. For the form to be used statewide, it needs
to be approved by a Supreme Court rules committee, which is currently
reviewing it.
Raising awareness
Education and training is a priority of the council, said President Judge George Zanic of Huntingdon County, a council member.
In the coming months, he said the council will be making presentations
to judges, clerks of court, prosecutors, law enforcement and protective
services groups.
They are raising awareness about a variety of strategies to protect
seniors, like how to effectively notify elders about scams and
encouraging prosecutors to freeze assets in financial exploitation cases
to make restitution more likely.
Full Article & Source:
Protection for seniors may be on way
Valley Views: Elder abuse can be confronted in many ways
For the past three years, I have spoken at the Mediation Center of Dutchess County's World Elder Abuse Awareness Day, and I have hosted meetings that brought together seniors and representatives from the offices of State Attorney General Eric Schneiderman and U.S. Sen. Kirsten Gillibrand to provide information for seniors and families, methods in which to report abuse and ways to avoid costly scams that target older New Yorkers.
In preparation for World Elder Abuse Awareness Day, the Assembly's Committee on Aging has moved several pieces of legislation to address this issue. These bills establish a home visitation program for victims of violent crimes who are ill or elderly; broaden the focus of police services for the elderly; improve reporting of suspected financial exploitation; and create a public education campaign to spread awareness of elder abuse (A.300, A.928, A.5349, A.7612-A). Additionally, I'm sponsoring legislation to establish an opt-in program for reporting suspected financial exploitation (A.4037).
In an effort to increase elder abuse awareness statewide, the state Legislature has also increased funding in the state budget to adequately fund programs that partner with our local Offices for the Aging with an increased focus on the long overlooked issue of financial abuse. By raising awareness and educating those who work closely with older adults — including family members, health care providers, bank tellers and others — we aim to bring those who exploit older adults to justice.
There are still gaps in policy that need a comprehensive review to be addressed appropriately in statute. Undue influence is a major issue that is present in many cases of elder mistreatment, particularly when it involves financial exploitation, where the definition and application of duress and undue influence is much needed. Other obstacles include delayed trials, which may affect testimony of witnesses who are of advanced age, or the legal definition of caregiver as it relates to endangering the welfare of a vulnerable elderly person.
It's hard to accept that our loved ones and neighbors may one day lose their ability to care for themselves and harder, still, to admit that they may be taken advantage of, possibly even by people they know. As your representative, I will continue to work to spread awareness so we can put an end to elder abuse in our communities.
I hope you will join me in this task, and I welcome you to attend the Mediation Center of Dutchess County's 2015 World Elder Abuse Awareness Day on June 12, 9 a.m.-1 p.m. at the Poughkeepsie Elks Lodge No. 275, 29 Overocker Road, Poughkeepsie. To register, visit http://www.dutchessmediation.org/weaad-registration-form. To learn more about or to report elder abuse please contact the New York State Bureau of Adult Services at 1-844-697-3505.
State Assemblywoman Didi Barrett, D-Hudson, represents District 106, which includes parts of Dutchess and Columbia counties. She can be reached at 845-454-1703 or BarrettD@assembly.state.ny.us.
Full Article & Source:
Valley Views: Elder abuse can be confronted in many ways
Sunday, June 14, 2015
Tonight on T.S. Radio: Bill Scheidler
Bill will discuss these topics:
1) At the core of our rotten government you find a lawyer,
2) At the core of the legal establishment are the Bar associations,
3) This entity — the Bar Associations — has become a “shadow government” unaccountable to the people, and
4) The Bar Associates, then become judges … who are also unaccountable …. in this way “judges and lawyers” have become our “judicial branch” and we citizens are their play-toys.
4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST
LISTEN to the show live or listen to the archive later
World Elder Abuse Awareness Day is Tomorrow!
First Global Summit and 10th Anniversary of World Elder Abuse Awareness Day at the Securities and Exchange Commission Building, Washington, DC
Marti Oakley - World Elder Abuse Awareness Day Show Tomorrow
We will post more details as soon as they are available!
New guardianship law supports families first
Thousands of families in Southern Nevada have reason to celebrate today. Lawmakers have heard their voice.
Contact 13's Darcy Spears explains how a crucial change in guardianship law could help keep families together.
The change isn't coming a moment too soon. Thousands of seniors move to Nevada to retire, and many want their relatives to take charge when they need help.
But when we started investigating problems with the guardianship system nearly a year ago, we found Nevada residents who needed guardians weren't allowed to turn to an out-of-state relative even if that person was named as guardian in estate planning papers.
Instead the person you trusted was required by law to find a local co-guardian. Families found fault with that because it goes against an individual's wishes and brings in outsiders.
During our investigation, we found that could lead to fraud, exploitation and often pushes family members out of the picture.
As of today, Senate Bill 262 drops the residency requirement. So if you want your son or daughter who lives in California or Arizona or any other state to care for you, they'll be able to do so.
"I am thrilled," says Sen. Becky Harris who sponsored the bill. "There's been a huge outpouring of support for this, particularly from our senior citizen population. And I know that there are thousands of people who are awaiting the signature and passage of this bill so that they can have their minds put at ease that the individual of their choice will be able to care for them when that time comes."
Governor Sandoval signed the bill today. Also passed this session is a law that will require private professional guardians to be licensed and regulated by the state.
The guardianship hotline for Clark County District Court is guardianshipcompliance@clarkcountycourts.us (702) 671-4614
Contact 13's Darcy Spears explains how a crucial change in guardianship law could help keep families together.
The change isn't coming a moment too soon. Thousands of seniors move to Nevada to retire, and many want their relatives to take charge when they need help.
But when we started investigating problems with the guardianship system nearly a year ago, we found Nevada residents who needed guardians weren't allowed to turn to an out-of-state relative even if that person was named as guardian in estate planning papers.
Instead the person you trusted was required by law to find a local co-guardian. Families found fault with that because it goes against an individual's wishes and brings in outsiders.
During our investigation, we found that could lead to fraud, exploitation and often pushes family members out of the picture.
As of today, Senate Bill 262 drops the residency requirement. So if you want your son or daughter who lives in California or Arizona or any other state to care for you, they'll be able to do so.
"I am thrilled," says Sen. Becky Harris who sponsored the bill. "There's been a huge outpouring of support for this, particularly from our senior citizen population. And I know that there are thousands of people who are awaiting the signature and passage of this bill so that they can have their minds put at ease that the individual of their choice will be able to care for them when that time comes."
Governor Sandoval signed the bill today. Also passed this session is a law that will require private professional guardians to be licensed and regulated by the state.
The guardianship hotline for Clark County District Court is guardianshipcompliance@clarkcountycourts.us (702) 671-4614
Full Article & Source:
New guardianship law supports families first
Indictment of Georgia ex-judge surprised critics, supporters
SAVANNAH, Ga. (AP) - Amanda F. Williams was one of coastal Georgia's most powerful judges when she resigned to settle noncriminal misconduct charges that she had jailed drug users for indefinite periods, heard cases in which her family served as attorneys, berated lawyers and otherwise acted with "tyrannical partiality."
That was 3 ½ years ago. Since then, Williams resumed practicing law in the port city of Brunswick. Both her critics and supporters assumed she had closed her case by leaving the bench in January 2012 with a promise to never again seek judicial office.
That changed last week when a grand jury in Fulton County, 300 miles from the courthouse where Williams presided as a Superior Court judge, indicted her on criminal charges. Williams, now 68, faces prison and possible disbarment if convicted of lying to the state agency that investigated her for misconduct back in 2011.
"I had sort of figured, along with a lot of other people, that it was just going to go away," said Doug Alexander, a Brunswick attorney who wrote a letter during Williams' 2010 re-election campaign that questioned the judge's ethics, ultimately leading to the misconduct investigation. "Why did it take so long is the big question."
Williams spent 20 years on the bench and rose to chief judge of the Brunswick Judicial Circuit. She also oversaw Georgia's largest drug court, designed to let some drug offenders avoid prison if they become clean.
Williams gained a reputation for being exceptionally tough on attorneys and defendants. Some argued she was harsher than Georgia's standards for judges allowed. Noncriminal charges brought in 2011 accused Williams of screaming at a juvenile probationer in her courtroom, cursing at attorneys and jailing a drug court defendant for using the term "baby momma."
Jim Stein, a Camden County defense attorney who has worked closely with Williams, said her demeanor was honed dealing with attorneys who failed to give Williams the same respect they would show to male judges.
"She was a tough taskmaster for those who came before her in the court, but it was always for their benefit," Stein said. "The fact she held us to such a high standard made me a better lawyer."
But Williams wasn't just accused of having a temper. The Judicial Qualifications Commission charged her with presiding over cases in which her husband and daughter were involved as attorneys.
She was also accused of jailing drug court defendants indefinitely while denying them contact with lawyers. In 2008, a drug defendant named Lindsey Dills spent 73 days in solitary confinement and tried to kill herself in jail.
In May 2011, Williams' critics gained national attention when several of the judge's drug defendants were featured on the public radio show "This American Life."
Williams appeared before the commission Aug. 5, 2011, and prosecutors say she denied giving jailers direction regarding Dills' confinement. But the commission says records show the judge ordered Dill held with "no mail, no phone calls, no visitors."
Days after Williams left office in 2012, Attorney General Sam Olens appointed Fulton County District Attorney Paul Howard to decide whether to pursue criminal charges. Jackie Johnson, the district attorney in Williams' judicial circuit, had recused herself.
Lester Tate, chairman of the Judicial Qualifications Commission, said as the years passed he assumed prosecutors lost interest in Williams. Then Howard's office contacted the commission a few weeks ago while preparing its case for the grand jury.
"It's one thing when you have to go and investigate the case," Tate said. "But the investigation they used was basically ours."
Prosecutors couldn't have waiting much longer. The four-year legal window for prosecuting Williams would have expired Aug. 5.
Charges against Williams of making false statements to a state agency and violating her oath of office are each punishable by one to five years in prison. If she is convicted of a felony, the State Bar of Georgia could move to have Williams disbarred.
Williams did not return a phone message left at her law office. John Ossick, her attorney in the earlier misconduct case, also did not return phone calls.
"There's no excuse for that sort of delay," Stein said. "That in itself is more than enough punishment, laying your head down on your pillow every night wondering if you're going to be indicted."
Full Article & Source:
Indictment of Georgia ex-judge surprised critics, supporters
California’s largest nursing-home owner under fire from government regulators
In a special report, The Sacramento Bee examines this controversial
nursing-home operation and the man at the top.
Over the last decade, Los Angeles businessman Shlomo Rechnitz has fast become the state’s largest nursing-home owner. His chain has grown so quickly that he now controls about 1 in every 14 nursing-home beds in California, giving him an outsized influence on quality of care in the state.
In the past year, multiple alarms have been raised about this relative newcomer to the industry and the care provided in some of his homes. Health inspectors have documented a range of alleged violations, from dangerously low food supplies to unsanitary conditions that have sickened patients and staff.
Rechnitz, an entrepreneur and active philanthropist, has an altogether different view of his recent series of regulatory troubles.
In a special report, The Sacramento Bee examines this controversial nursing-home operation and the man at the top.
Full Article & Source:
California’s largest nursing-home owner under fire from government regulators
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