Today We Remember Our Dads Lost to Guardianship Abuse

Elder Abuse Advocate Shelly Barnett

Part 1 Shelly Barnett talks with investigators about her time she had spent in 3 different skilled nursing facilities. Shelly has paralysis, Shelly is in a wheelchair. She was admitted into the hospital for pressure sores. Upon her release, she was sent to a skilled nursing facility. The story begins.....


Elder Abuse Advocate Shelly Barnett

Steve Miller: The Fate of Anna Marie Gaule

The fate of the late Anna Marie Gaule was the first published story in my historical record of local guardian abuse.

In 1999, I was visited by Thomas Gaule, Mrs. Gaule's only child and living relative. With him was a retired FBI Special Agent who was a friend of Anna Marie. The gentlemen showed me a photo (above) that had been taken a week earlier of Anna Marie who was then confined to a Las Vegas rest home under the court ordered guardianship of Jared E. Shafer, Clark County's elected Public Guardian at that time.

I had met Mrs. Gaule years earlier while I was a Las Vegas City Councilman, and was aware she owned several valuable commercial properties in my district. I knew she had worked hard all her life to acquire the properties and provide an inheritance for her only child who I later learned was caring for her during her final years as an Alzheimer's victim.

During our visit, Thomas told me that several months earlier, Anna Marie had wandered away from the home they shared, became lost, and was picked up by the police for her safety.

Jared E. Shafer

That's when Shafer was informed of Anna Marie's situation, and he immediately petitioned the Family Court for temporary legal custody of the woman - and her well healed estate. In response, Thomas enrolled in Shafer's then offered four week Guardian Course provided to family members for a $1,500 fee at the County Government Center. Thomas passed the course and received a Certificate of Completion. He then petitioned the Family Court for permanent custody of his mother.

Shafer and his attorney protested, saying Thomas was "unfit" to care for his mother based on the day she wandered away from her house and was picked up by the police. During the course which Shafer taught, Thomas was never informed that his instructor would interfere with his effort to help his mother. However, Thomas reported that Shafer did ask numerous questions about Anna Marrie's real estate holdings. The court sided with Shafer, and granted him permanent custody over Anna Marie and her estate. Shafer reportedly didn't take long before beginning to liquidate Mrs. Gaule's assets.

When Thomas and his mother's friend visited me with the shocking photo, I was told that they were trying to rescue her from what was obviously a life threatening situation. I asked if Thomas had informed Jared Shafer of Anna Marie's injuries? Thomas said that Shafer was aware of the extensive injuries, but reported that Anna Marie had "fallen down." Thomas then told me he believed his mother had been beaten at the hands of the Asian caretakers at the Tonopah Drive rest home he visited daily that was used by Shafer to house his wards. Thomas then asked if I wanted to meet his mom.

The three of us immediately drove to the rest home. We were greeted at the door by an Asian man who did not speak English. Thomas informed the man that we were there to visit Anna Marie Gaule. The man said "No No" and tried to shut the door. The retired FBI Agent pushed pass the man, and Thomas and I followed him inside the converted house. We went to Mrs. Gaule's room, she was not there. We proceeded to the patio where I took this photo of Anna Marie's facial injuries one week after they occurred. It appeared to me that her nose was broken, and her bruised arms and legs indicated something other than a fall had occurred. It was obvious that she had been beaten, though she could not recall or describe what had happened to her.

Full Article and Source:
The Fate of Anna Marie Gaule

Steve Miller: The Story of Elizabeth Indig

Clark County Court records indicate that April Parks' attorney, Lee A. Drizen, was representing a party in a lawsuit against the buyer at auction of Mrs. Indig's house, and should have informed Indig's guardian (Parks) and Indig's family that the house was being auctioned.

According to Clark County Family Court records:

"Parks took control of the Ward's residence at 43 Pangloss Street, Henderson, Nevada 89002 on June 20, 2013, the primary residence of the Ward. The house was in the name of the INDIG FAMILY TRUST. Parks first made a threatening telephone call to Elizabeth (Indig), then came to Elizabeth's home taking her keys to the property and mailbox, and threatening her with trespassing and prison should she (try to re-enter) the property. April Parks was dressed resembling a law enforcement official complete with badge, baton, and wide belt with many keys. Parks also ordered guards at the gate to not let Indig's daughter pass. Parks has already submitted evidence for reimbursement of payment to change the residence locks, and provided an Occupancy Verification to Wells Fargo Bank dated September 24, 2013 signed by her confirming Parks was in control of the residence thus substantiating that Parks controlled the Ward's residence.

Elizabeth's daughter informed Parks verbally on June 20, 2013 that the home and its contents were part of the Indig Family Trust, and that Parks had no jurisdiction or rights to the home and its contents. Parks told the daughter that the court decided that she, April Parks, as an Officer of the Court, was in control of her mother, the home and its contents. Parks again reinforced that she was in charge, and if the daughter interfered with Parks, she would go to prison and never see her mother again. Parks sold the contents of the Indig home between August 10 and August 11, 2013 in violation of NRS 159.113 and 159.1515 which requires notification and permission of the court to sell personal property. Parks did not request permission to sell the Ward's belongings from the court, nor did she inform the court there was a home belonging to the estate.

Parks acted in violation of NRS 159.083 in her negligence to perform her duties to protect and preserve the estate of the Ward. Parks should have been collecting the Ward's mail, and was negligent in NOT PAYING (emphasis added) the HOA fees on the residence. Parks has argued that she had no jurisdiction over the Trust and no responsibility for the home, yet her actions reveal her fraud in taking control of the residence. The past due (HOA fees) were not addressed by Parks which then resulted in the home being foreclosed on by the HOA and sold at auction on November 21, 2013 for $22,000. All of this was unknown to Mrs. Indig's family until August of 2014 when Parks filed the First Annual Accounting almost a year late. Had the First Annual Accounting been filed on time, Mrs. Indig's daughter would have had time to pay the back HOA fees thereby saving the home from foreclosure."

This is the second time April Parks has been reported impersonating a police officer when evicting elderly persons from their home. She was reported wearing such a costume and making similar threats at the time she "kidnapped" Rudy and Rennie North from their home. It was later learned that Parks is not an official "Officer of the Court," and had no right to inform vulnerable people she was acting on an order from the Clark County Family Court.

The Boulder City, Nevada Police Department has launched a criminal investigation into the actions of April Parks in relation to the Indig case (Parks is a Boulder City resident). Judge Steel has been informed of the possible fraud, but has not yet taken court action against Parks, possibly pending the outcome of the Boulder City investigation.

Source:
Steve Miller:  The Story of Elizabeth Indig

Show Your Kids Your Will if You Want Them to Inherit Your Wealth

NEW YORK (The Street) -- Some 56% of American parents have a will or living trust document, according to a new Caring.com survey, but 52% of adult children don’t know where their parents store their estate planning documents. That can jeopardize the appropriate allocation of assets to heirs.

"Being uninformed about documents or worse, not having them at all, can wreak havoc on a family’s emotional and financial well-being," said Andy Cohen, CEO of Caring.com.

That’s because incapacitation can happen over night or gradually overtime due to Alzheimer's, dementia or sudden disability.

"Accidents happen and illnesses befall us with little or no forewarning," said Martha Laham, author of The Con Game: A Failure of Trust (Lulu Publishing, 2014). "An aging parent should furnish formal instructions to loved ones to make surrogate decisions. If not, family members could be left in a quandary, which could lead to arguments or uncertainty over how best to handle a particular situation."

"Accidents happen and illnesses befall us with little or no forewarning," said Martha Laham, author of The Con Game: A Failure of Trust (Lulu Publishing, 2014). "An aging parent should furnish formal instructions to loved ones to make surrogate decisions. If not, family members could be left in a quandary, which could lead to arguments or uncertainty over how best to handle a particular situation."  (Continue Reading)

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Show Your Kids Your Will if You Want Them to Inherit Your Wealth

Trial begins for nursing home employees accused in death of patient who required ventilator

By FRANK ELTMAN 

May 5, 2015 — 8:45pm

 

RIVERHEAD, N.Y. — Five employees of a suburban New York nursing home are defending themselves against charges they disregarded alarms for more than two hours, leading to the death of a 72-year-old bedridden patient who was not connected to a ventilator.

Opening statements in the complicated double-jury trial began Tuesday in state Supreme Court in Riverhead, on eastern Long Island.

The five defendants are among nine workers at the Medford Multicare Center for Living Inc. charged in the October 2012 death of Aurelia Rios of Central Islip. Two of the nine have pleaded guilty, while two others are expected to face trial this summer. The corporate entity that runs the nursing home also is facing charges in the woman's death.

In the case of the remaining five, state Supreme Court Justice John Collins decided to conduct one trial to save time but have two separate juries hear testimony simultaneously. One jury is considering the case against Kethlie Joseph, a respiratory therapist accused of failing to connect a respirator to Rios and later ignoring pagers and other alarms indicating she was in distress.

The second jury is considering the case against four others — the director of respiratory therapy and three nurses — who are accused of falsifying business records and other charges stemming from the woman's death. All five have pleaded not guilty.

During her first opening statement in the case against Joseph, prosecutor Veronica MacDevitt said Joseph was charged with criminally negligent homicide for failing to ensure that Rios was connected to a ventilator. "It was the most basic and most fundamental aspect of her job," MacDevitt said. She added that later, when electronic monitors and other indicators showed that the patient was in distress, Joseph and others disregarded the alarms.

Defense attorney Jonathan Manley countered that Joseph had to care for 20 patients the night Rios died, and he questioned the effectiveness of a pager alarm system that he said went off constantly throughout the night for both serious and incidental problems.

"You hear an alarm every second of every day," Manley said. "A beeper is not a reliable indicator of a patient's health."

He added there was a nurse in Rios' room throughout the night, and that when Joseph was finally informed that there was a problem with the patient, she took immediate steps to get her the proper care.

"An alarm doesn't indicate a health problem, it indicates a mechanical failure," he said.

Later Tuesday, MacDevitt laid out the case against the four other employees before a separate jury. She said each in their own way either failed to respond to alarms indicating the patient was in distress or subsequently lied to investigators about Rios' death.

"Someone else's failure doesn't excuse their failures," MacDevitt said.

Although opening statements were conducted separately before each jury, the judge indicated that for the majority of the trial, both juries would hear testimony simultaneously. The trial, expected to last five to six weeks, is being held in a large courtroom in the Suffolk County Court complex. Although rare, other double-jury trials have been held in the county.

Hank Sheinkopf, a spokesman for the Medford facility, called the trial "a very complicated case. The facts will be presented to the judge. And we will prove that Medford's patient commitment was not lacking."

Among the expected expert witnesses is a Dr. Michael Baden, a forensic pathologist and host of HBO's "Autopsy." 

Full Article & Source:
Trial begins for nursing home employees accused in death of patient who required ventilator

Woman charged with exploitation of elderly

Sue Ellen Wilkes

The caretaker of an 82-year-old Grand Ridge man has been charged with exploitation of the elderly, accused of taking almost $6,000 from the alleged victim over time.

Sue Ellen Wilkes,45, was arrested by the Jackson County Sheriff’s Office. She listed as a resident of the victim’s home and as his caretaker.

The man’s nephew alerted authorities to suspicions that Wilkes had taken money from the victim, and an investigation ensued.

Officials described various scenarios in which the victim was missing money from his wallet and from his bank account. The investigation also speaks of alleged deception involving a money exchange between the victim and Wilkes.

The complaint concludes that, together, the alleged incidents added up to an approximate loss of $5,932 for the victim.

Full Article & Source: 
Woman charged with exploitation of elderly

Los Angeles psychic accused of swindling $220K from elderly Brevard County woman, deputies say

Anna Marie Adams

SHARPES, Fla. —A so-called psychic from Los Angeles has been hauled off to the Brevard County Jail after a woman there lost $220,000, according to the Brevard County Sheriff’s Office.

The elderly victim said she believed Anna Marie Adams, 24, was her friend, deputies said.

Investigators said Adams promised that she could protect the victim’s health, help her communicate with her ex-husband and remove an evil magic spell from her children.

“They're very good at reading people. She saw some things from talking to the victim and thought she could gain confidence, and she realized she had some money,” said Brevard County sheriff’s spokesman Tod Goodyear.

Detectives said it all started when the elderly victim visited Adams, a married mother of four, in Los Angeles and got a psychic reading.

Soon afterward, the victim’s money started disappearing, deputies said. First it was a $30,000 check, then a $50,000 check and then another or $120,000.

Adams used the money to buy a $93,000 BMW 640i, police said.

She was later arrested in Los Angeles and extradited to the Brevard County Jail to face trial, since the checks were sent from Brevard County.

Adams is being held on a $350,000 bond.

Experts said signs of elderly exploitation include checks written to cash, transfer of assets to friends and unexplained changes to a will.


In this case, the victim’s husband noticed the large money transfers too late, which made it impossible to get any of the money back.

Full Article, Video & Source:
Los Angeles psychic accused of swindling $220K from elderly Brevard County woman, deputies say

Clark County Nevada Hearing Master Jon Horheim Continues to Rule on Cases

A nearly year-long Contact 13 Investigation has led to many changes in a system that was supposed to protect our most vulnerable citizens.

Chief Investigator Darcy Spears exposed how the guardianship system in Clark County's Family Court allowed private guardians to double-bill clients and drain their estates.

For years that activity was approved by one county employee who wasn't even a judge. Hearing Master Jon Norheim was responsible for nearly 9000 adult guardianship cases.

But after we exposed how he was making questionable decisions on the bench and failing to hold guardians accountable, all of those cases were taken away from him.

The adult guardianship caseload was assigned to Judge Cynthia Dianne Steel earlier this month. But Norheim is still on the bench. He continues to oversee guardianship cases for minors.There are nearly 7000 of those cases. And he's still deciding on just over a thousand "civil commitment" cases--where a court must determine if a person is mentally ill and needs to be placed in a facility.

The court says guardianship cases involving children have not come under fire the way adult cases have.

The entire system remains under review by a newly created state guardianship commission.

Source:
Guardianship Hearing Master Continues to Rule on Cases