Missing Our Dads Lost to Guardianship Abuse

Happy Father’s Day — to all my fathers

When you move 2,000 miles away from your dad at the age of 10, you miss your father. You miss the sound of his voice, the smell of his shaving cream in the morning, the feel of his whiskers on your face when he kisses you goodnight.

But if you’re lucky, as I was, good men step in to fill the void. This Father’s Day, the third without my dad — he passed away in 2014 after a long and brave bout with cancer —I’m thanking all the men who stepped up and did their best to fill my dad’s shoes (size 10) when he couldn’t be there.

First on my list is my grade-school principal, Robert Dutcher. When we moved to Mason City from California in 1977, Mr. Dutcher reached out and took me to Father-Son Night. I still remember the feel of his hand on my shoulder, his reassuring tone. He died before I had a chance to thank him.
  
Thank you, Mr. Dutcher.

Second on my list is all my coaches, the men who took the time to teach me how to win— and lose — with grace, whether it be on the baseball diamond (Thank you, Mr. Pete), the hockey rink (Thank you, Mr. Hanna), the wrestling mat (Thank you, Mr. Ray) or the football field (Thank you, Mr. Bye, Mr. Reasland and above all, Coach Lenius).

Third on my list are the teachers who guided me through some tough years in junior high and high school when my oldest brothers, Steve and John, were diagnosed with schizophrenia. Steve was a cadet at the Air Force Academy; John, a football star who played for Hayden Fry in his first season with the Hawkeyes.

I still remember Bob Johnson, my eighth-grade chemistry teacher, saying with a grin, “Brother Judge, the cream always rises to the top!”; my high-school psychology teacher, Tom Oswald, helping me with coping skills; and my journalism teacher, Paul Peterson, helping me find my way.

But one man, the father of a dear friend, stands out for stepping up and giving me the love and support I needed at a crucial time in my life. His name is David Nelsen, and I will never be able to thank him enough.

At the start of my sophomore year, my brother John took his own life at the age of 21 after a psychotic break and a diagnosis of chronic schizophrenia. The loss was tremendous and felt throughout the community.

The following year my mother, a brave and tireless advocate for those who suffer from mental illnesses, took a job as a teacher in Hampton, 29 miles south of Mason City. A stubborn 17-year-old who relied on his friends and football for everything, I started my junior year driving the half-hour to Mason City to attend high school and, more important, play football for the Mohawks.

But when the authorities found out we were living in a different school district, they gave us an ultimatum — move back to Mason City or attend the local high school in Hampton. My mother could not leave her job, and I would not leave my friends. We were, in a very real sense, in crisis.

That’s when Mr. Nelsen, his son Justin, and his entire family offered me the greatest gift of all — a home. Dave and his wife, Julie, took me in and treated me like one of their own. Justin and I shared a bedroom in their beautiful Prairie School home on South Carolina Avenue. Like brothers, we’d talk ourselves to sleep.

While no one could take the place of my father, who visited regularly and did all he could to love and guide his children from afar, Dave and his family gave me stability, structure and — most important — love at a time when I needed it most.

That winter, Dave took us all on a skiing trip to the Lutsen Mountains in Northern Minnesota, just off of Lake Superior. With wind chills well below zero, we had the slopes virtually to ourselves. Undaunted, Dave refused to wear a hat, spending hours gracefully carving his way down the mountain.

A former Navy man and successful attorney, Dave demanded that Justin and I raise our grades and start thinking seriously about college. A lover of food, drink and good conversation, he saw the dinner table as not only a place to enjoy Julie’s wonderful cooking but also as a place to share stories about the day’s events, whether we had done all we set out to do, and how we could do better.

Sadly, Julie is no longer with us. But to this day, Dave is present in my life, still offering advice, encouragement, a good joke. As President Obama said in 2011, “Fathers, along with our mothers, are our first teachers, coaches and advisers. They help us grow into adults, consoling us in times of need and celebrating with us in times of triumph.”

Dave consoled and celebrated; he loved and grieved. He demanded the best from his own children — and from me, a boy he helped become a man.

For this I will always be grateful. For this I say Happy Father’s Day — and, once again, thank you.

Michael Judge of Iowa City, a former deputy editorial features editor at the Wall Street Journal, is an adjunct professor at the University of Iowa School of Journalism and Mass Communication.

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Happy Father’s Day — to all my fathers

Caregivers to earn higher wage after bill passes state senate

Gov. Bruce Rauner

The Illinois Senate on Wednesday passed SB955, a bill that would raise wages to $15 an hour for caregivers of people with disabilities, end a staffing crisis at organizations across the state and safeguard the future of the state’s most vulnerable residents. After Wednesday’s action in the Senate, the bill will move to the House with a May 31 deadline for passage.

“We urgently ask the House and Gov. Bruce Rauner to make this essential bill a law,” said Kim Zoeller, president and CEO of Ray Graham Association, which serves adults and children with disabilities.

“If we don’t pay caregivers a living wage, we’re turning our backs not only on them, but on thousands of people with disabilities and their family members who rely on this life-sustaining care.”

Across Illinois, hundreds of agencies that serve people with disabilities are facing an escalating crisis because wages paid to caregivers – known as direct support professionals (DSPs) – stalled nine years ago at $9 an hour, one of the lowest rates paid by any state in the nation and one that puts many caregivers below the federal poverty line. Low wages have led to critically low levels of staffing that advocates say are endangering the safety of people with disabilities.

After the General Assembly last year passed a bill to raise wages to $15 an hour, the governor vetoed it, arguing that caregiver wages should be addressed as part of a comprehensive state budget.

However, Rauner’s FY18 budget introduced in February included no such increase.

As a consequence of the chronically low funding, a federal court monitor issued a report in January saying that Illinois is now violating a federal decree issued in 2011 after civil rights attorneys sued the state for failing to comply with a 1999 U.S. Supreme Court ruling. At a hearing on the matter last week, the state asked for more time in responding to the latest motion, but attorneys for people with disabilities replied that such delays were unacceptable and that the Illinois disability service system is now “on the brink of disaster.”

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Caregivers to earn higher wage after bill passes state senate

New program launching to help victims of elderly abuse

In honor of World Elder Abuse Awareness Day, Harris County Protective Services is launching a new program that is the first of its kind.

As the senior population grows, the frequency of abuse to the elderly is expected to grow with it, according to Harris County Protective Services. In order to help senior victims of abuse, neglect and exploitation in Harris County, HCPS is introducing The Senior Justice Assessment Center.

The Assessment Center is home to experts in geriatric medicine, protective services, civil and criminal prosecution and law enforcement working together to protect vulnerable senior citizens and to increase prosecution of elder abuse.

“Ultimately, we want Harris County to be a community where it’s safe to grow old,” HCPS said. The goal is to ensure the dignity of seniors by increasing awareness, education and prosecution of elder abuse."

The center is modeled after multi-disciplinary centers for children. The new center was made possible through a grant awarded by the Office of the Governor’s Criminal Justice Division.

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New program launching to help victims of elderly abuse

Judge issues warrant for caregiver accused of stealing thousands from elderly couple

TACOMA, Wash. - A Tacoma family, hoping to face the caregiver accused of stealing from their dying father and grieving mother, got their day in court on Tuesday.

No sign of the defendant, but they got something else.

"I'm so glad they came to this," said Tacoma's Jean Armand, crying into the palms of her hands outside a Pierce County Superior Courtroom. "We got some justice today."

After waiting an hour and a half for defendant Katherine Jenkins to show, the judge issued a warrant for her arrest.

"It is just is like this huge weight is lifted, it’s out, there is no hiding, the world knows," said Joanne Tollefson, Jean Longchamps' daughter.

Her three children, Joanne, Joyce and Roy sat close to their mother waiting for Jenkins to arrive.

Longchamps wasn't sure she'd have the strength to face Jenkins, but said she knew she had to.

"I just need some closure, you know, I need it," she said.

Thursday will mark one year since Longchamps lost her husband Armand of 65 years.

Last July, while Armand was slipping away, police said caregiver Katherine Jenkins helped herself to the couple's banking information.

The family believes an unlocked desk drawer in the couple's dining room was easy prey.

"Why would you do that when you know he was dying," said Longchamps.

Last summer, we found the caregiver in her Tacoma home, she said she had worked for the Longchamps but had no idea Mr. Longchamps died or that money was missing.

We showed her nearly $5,000 in charges and the name 'Katherine Jenkins' and 'Kathy Jenkins' all over the couple's bank statement.

"It wasn't me. So, no I don't know who that person is and I wouldn't do something like that," said Jenkins last summer outside her Tacoma home.

After months of waiting on credit card company records, last week the Pierce County Prosecutor's Office charged Jenkins with identity theft and theft in the second degree.

She was summoned to appear in court this morning.

Longchamps and her family haven't seen Jenkins since the two days she worked in their home in May of 2016.

"I knew she was a coward because she preyed on the elderly and I think she just cemented it by not showing up," said Tollefson. "It just cements she is the coward that we know she is."

Edmonds Police Sergeant Shane Hawley said the no-shows in cases like these are not uncommon.

"If you're in to fraud and conning people that's just what you do," said Sgt. Hawley.

Edmonds Police are still looking for an accused caregiver from Mountlake Terrace.

She was charged in December, but was also a no-show in court.

"She was basically using his credit card as if it were her own," said Sergeant Hawley.

Prosecutors allege Naomi Kihato racked up $20,000 in unauthorized charges while caring for a 'vulnerable adult' over a four-month period.

Police have checked and rechecked all Kihato's last known addresses and nothing.

"It can kind of go into the wind pretty easy," said Hawley.

The sergeant said detectives usually find suspects when they trip up; they get a traffic ticket, their warrant pops up on their record and they get busted.

"A lot of times is as simple is someone runs a stop sign, ends up in another jurisdiction and we end up finding them," said Hawley.

Which is why police stress catching and reporting fraud early, always securing financial documents stored in your home and doing what the Longchamps did, reporting all suspected fraud.

"We did it for us, and hopefully, everybody else," said Tollefson.

The family's bank has reimbursed them for all the unauthorized charges.

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Judge issues warrant for caregiver accused of stealing thousands from elderly couple

Who are the victims of elder abuse? The disabled, cognitively impaired and poor.

In recent years, the United Nations has increased the number of “international days” it observes. Many of these observances have gained global momentum and support, such International Women’s Day (March 8) and World AIDS Day (Dec. 1), which serve both educational and advocacy goals.

On June 15, the United Nations observes the less publicized World Elder Abuse Awareness Day, focusing attention on the hidden tragedy of abuse, neglect and exploitation of elderly people throughout the world. While this year’s theme focuses specifically on financial abuse, the sad reality is that the elderly face a broad array of exploitation that includes physical, medical, emotional, psychological and sexual abuse. The perpetrators include caregivers, strangers and, most tragically, family and friends.  A recent study has shown that perpetrators are more likely to be the spouses and adult children of victims rather than strangers. This means the specific abuse is compounded by the violation of profound trust.

According to the Justice Department, 10 percent of seniors are abused each year, with only 1 out of every 23 cases reported. The most likely victims are women, people with cognitive impairments, people without relatives, those with disabilities and those who are ill-housed, poor, physically weak or socially isolated.

The National Center on Elder Abuse reports that the study of elder abuse “lags as much as two decades behind” parallel research about child abuse and domestic violence. Why? Elder abuse targets those who are vulnerable — and those who are most vulnerable are sometimes unwilling or often unable to seek help. Even those who are capable of seeking help have compelling reasons not to.

Love for a caregiver or embarrassment about the situation can make reporting difficult. Moreover, elders who do report abuse are more likely to be placed in nursing homes. While our society is getting more adept at identifying, preventing and addressing abuse for other demographic groups, the abused elderly remain at great risk because they are often voiceless.

Without further action, these problems may be exacerbated in the years to come. The Census Bureau reports that in 2012, the U.S. population age 65 or older was 40.3 million. With the aging baby boomers, this figure is expected to nearly double by 2050. The population age 85 and over is expected to grow from 5.0 million to 18 million in that same time.

This pattern is reflected worldwide. According to the United Nations, the growth of the elderly population will be most pronounced in economically developing nations, and elder abuse is described as “one of the least investigated types of violence.”  (Click to Continue)

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Who are the victims of elder abuse? The disabled, cognitively impaired and poor.

Advocates: Guardianship law should focus on well-being

Missouri law concerning guardianship and conservatorship of incapacitated adults focuses too much on an individual’s finances and assets in comparison to their well-being, said two guardianship advocates who are part of a group trying to change the law.

After the death of Carl DeBrodie, a Fulton man with mental disabilities, his family and loved ones have said they want to see changes in state law and oversight procedures to ensure no one else endures a similar fate.

DeBrodie was reported missing from Second Chance group homes at 298 Claymine Drive in Fulton on April 17. Fulton police responded to a call of a walkaway at 7:31 a.m. that day.

Volunteers searched Fulton for DeBrodie in the days leading up to April 24, when police discovered DeBrodie’s body in a storage unit at Moore EZ Storage on South Westminster Avenue.

Fulton Police Chief Steve Myers said DeBrodie may have been dead for months.

During interviews at a vigil in remembrance of DeBrodie on Tuesday, family members and loved ones said they want to see law change to include more oversight of individuals like DeBrodie. Many are asking how DeBrodie could have been gone for possibly months without anyone calling attention to his disappearance.

As officers continue their investigation into DeBrodie’s death, the circumstances surrounding his care are unclear.

Callaway County Public Administrator Karen Digh Allen became DeBrodie’s guardian in 2008.

The law requires guardians of incapacitated adults, or people who are developmentally disabled or elderly and cannot care for themselves fully, to file an annual report with the court. The annual guardianship report is intended to show the court if the guardian is meeting the requirements listed in a section of state law.

The report includes:

• The number of times the guardian has had contact with an incapacitated adult, or ward;
• Whether the guardian received a copy of the ward’s treatment or habilitation plan if the ward was institutionalized and whether the guardian agrees with it;
• The date a physician last saw the ward and why;
• Major changes in the ward’s physical or mental condition.

Court records show Allen filed annual reports for DeBrodie every year. Thirteenth Circuit Court Judge Carol England approved the most recent guardianship report from Allen on Jan. 18. Those reports are secured documents, meaning they are not available to the public.

Advocates push to update the law

David English, a University of Missouri law professor, is a member of Missouri’s Working Interdisciplinary Network of Guardianship Stakeholders, or MO-WINGS, a group of attorneys, public administrators, service providers and more trying to update the state’s guardianship law.

The law was last overhauled in 1983 and doesn’t reflect modern-day standards, which place more emphasis on an individual’s care rather than their property, finances and assets, English said. The law heavily focuses on conservatorship, he said, going back to 1830 when more importance was placed on property than the person.

Despite any modernization of the law, English said a concern still would be how the courts enforce the requirement for an annual report. Some courts don’t ensure guardians file the report and even if they do, some courts don’t sufficiently monitor the information in them, he said.

If a court sees a guardian is making little to no visits, a judge can call the guardian into court to explain the lack of visitation. English said a guardian should meet with a client at least once quarterly, but state law does not specify how many times a guardian must visit a client.

Glenn Koenen, a retired St. Louis resident, is the guardian for a friend with Alzheimer’s Disease and said he visits his friend, who he did not want to identify, at least twice a week, which is not required by the court. Koenen said he also accompanies his friend to all doctors’ visits and running major errands, such as purchasing a new refrigerator about a month ago.

Koenen said guardians have to be able to put in the time needed to properly care for that person. As a retiree, he said, he can adjust his schedule to respond to his friend’s needs.

“If you don’t have someone to make that commitment, they can fall through the cracks,” he said.

The paperwork required by the probate court is 95 percent related to Koenen’s friend’s money and 5 percent related his quality of life, Koenen said.

“They worry about the money to a ridiculous degree and they don’t seem as concerned with life and quality of life,” he said.

Incapacitated adults come under guardianship of public administrators when relatives or friends are either unable or unwilling to care for them.

English said public administrators’ offices sometimes face funding challenges, which lead to smaller staffs and bigger caseloads. He said the ideal caseload is around 40 cases.

Allen would not comment when reached by phone on Friday. She has said she’s been instructed by police not to speak to press. Allen’s Facebook page for her 2016 campaign stated she had 154 people with court-appointed guardianships or conservatorships.

Rachael Rowden, who owned Second Chance while DeBrodie lived there, has also said she will not comment about DeBrodie’s care, citing the ongoing investigation into his death.

Cathy Richards, former Boone County public administrator, said many public administrators want to see their clients more often, but lack the funding to do so. Public administrators sometimes have wards who live in another part of the state, causing transportation challenges, she said.

“Eighty to 90 percent of public administrators I worked with wanted to see them more often but couldn’t because of budget constraints,” she said. “They didn’t have anybody to pay their mileage, they didn’t have anybody to help with anything.”

The public administrator is intended to be the “last resort” of guardianship for an individual, said Dolores Sparks, advocacy specialist with the Missouri Developmental Disabilities Council, but courts will appoint a public administrator even when a capable family member is willing to care for a ward.

A ward’s safety can be increased by getting the individual out in the community or visiting with family, she said.

DeBrodie’s family and loved ones have claimed Second Chance cut off visits with him. Mary Martin, DeBrodie’s guardian and caretaker for nearly a decade, said the group home stopped her visits with DeBrodie after she called a hotline when she suspected he had been abused.

“What the Developmental Disabilities Council believes is when people with disabilities are a part of the community and family, there’s a set of eyes in community that sees you and recognizes if you had bruises on you face or if they haven’t seen you for a number of days,” Sparks said.

State agency requires monthly visits

The Department of Mental Health, which contracted services with Second Chance, has launched its own investigation in coordination with police. Debra Walker, department spokeswoman, said she could not speak about the details of that investigation.

From fiscal years 2014 to 2016, the department paid Second Chance more than $2 million for its services, Walker said in an email.

The state agency also contracted with Callaway County Special Services for case management services, requiring monthly face-to-face visits with clients, family or guardians and direct care staff. Of the department’s oversight processes, case management review is the most frequent. Callaway County Special Services and agencies like it maintain their own documentation of reviews.

Callaway County Special Services released a statement to the Tribune when asked for comment.

“We are deeply saddened about the loss of Mr. DeBrodie,” the statement said. “Callaway County Special Services is, and has been, conducting its own review related to Second Chance homes, our staff and procedures. We are unable to comment further, at this time, due to privacy and confidentiality obligations.”

The Department of Mental Health started contracting with agencies such as Callaway County Special Services several years ago after budget constraints caused the department to downsize its case management services, Walker said. The department no longer performs targeted case management of all providers, she said.

Now, department staff known as technical assistance coordinators perform annual reviews of case management agencies. The agencies submit documentation at the mental health department’s request within 30 days.

Second Chance, like other individualized supported living facilities in the state, are also required to undergo Medicaid waiver certifications every two years through the mental health department to ensure providers are complying with clients’ legal rights, health, safety and requirements of these facilities. Clients, direct care staff and agency management are interviewed in this process.

Second Chance received certification first in 2006 and every two years after. Violations were noted in 2008 and 2016, but corrected by Second Chance in the appropriate time frame.

The Department of Mental Health also conducts a provider relations review with case management agencies every three years and a quality of service review that uses a random sample of 400 individuals that targets health, safety, inclusion and self-advocacy.

Individuals with more serious medical needs also can receive an optional review of their registered nurse.

The Department of Mental Health recently released two investigation reports conducted after receiving complaints about Second Chance employees who allegedly threatened clients.

Both investigations were substantiated, Janet Gordon, the department’s records custodian, previously said in an email.

Walker said in an email that investigations are triggered by the department’s regional office staff and/or contracted agency employee reports, complaints from the Department of Health and Senior Services and/or Department of Social Services hotlines that mention a Department of Mental Health consumer or reports of abuse or neglect submitted through the mental health department’s Constituent Services Office.

Misuse of consumer funds, physical abuse, neglect, sexual abuse or verbal abuse that are substantiated lead to disqualification of an agency employee, Walker said. No disqualifications resulted from the Second Chance investigations, she said, because department regulations, as of August 2012, do not disqualify an agency employee unless he or she had two or more substantiated charges within a 12-month period, she said.

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Advocates: Guardianship law should focus on well-being

Commentary: New law protects victims of violence at every age

An older woman who is suffering from dementia and severe mobility impairments is referred to a specialized safe shelter for older adults. She just has been discharged from a hospital, where she was treated for severe injuries inflicted by her adult son —who also acts as her caretaker. The shelter helps her obtain a protective order so that her abusive adult child can no longer harm her.

Unbelievably, though, when this victim of abuse is admitted to the shelter, her son — the very person whose abuse led to her need for medical care and protection — is listed as having the power of attorney for her, allowing him to make medical and financial decisions on her behalf. In this horrific situation, under Maryland’s previous laws, even a protective order would not prevent an abuser from retaining the ability to make health care decisions for the parent he continuously and savagely abused.

Fortunately, Maryland’s state legislators recognized the peril of allowing abusers to make such decisions for their victims. Under legislation sponsored by Del. Shelly Hettleman and Sen. Delores Kelley and signed into law by Gov. Larry Hogan on May 25, an individual in Maryland is now prohibited from serving as a health care agent for a patient if that individual is the subject of a protective order for that patient, or if that individual is the spouse of a patient who has a separation agreement or has filed for divorce.

The legislation is another step forward in protecting all victims of domestic and family violence at every age, especially those most vulnerable, from being continually controlled and potentially further harmed by their abusers.

Our organizations, the ElderSAFE™ Center at Charles E. Smith Life Communities in Rockville and the Jewish Community Relations Council of Greater Washington, both helped champion this bill under the leadership of the Maryland Network Against Domestic Violence, the Women’s Law Center, with support from SARC (The Sexual Assault/Spouse Abuse Resource Center).  (Click to Continue)

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Commentary: New law protects victims of violence at every age

Nursing Home Resident Says She’s Sad Because Her Hands Are Ugly, So Worker Takes Action

 For some reason in America, people think that getting older isn’t attractive. But the truth is that people age like fine wine. Although older people’s skin might not be as elastic as younger people’s, beauty is so much more than how we look on the outside. And it took one nursing home worker named Brandalyn Mae Porter to show us that. Because the features we dislike about ourselves truly do not determine our worth or beauty. And Brandalyn, who spends a lot of her time with elderly people in a Texas nursing home, is not afraid to remind her elders about this fact. Every time she does, they thank her for the reminder…

Because Brandalyn works with elderly people, she knows that a lot of them are not confident about how they look. Because society has taught us to turn to plastic surgery and other procedures as we age, many people do not feel as beautiful as they should.

Because Brandalyn is a creative young woman, she often looks for fun and engaging ways to interact with the nursing home residents. One day she was painting a new resident’s nails. And the elderly woman opened up to Brandalyn about her insecurities.

Brandalyn shared her uplifting experience on the Love What Matters Facebook page:

“Today I painted a new residents nails at work and as we were going over colors, she mentioned she wanted clear. The only thought that came to my mind was ‘CLEAR?! That’s no fun.’ I asked her why she wanted clear and she said, ‘My hands are ugly, I don’t want to draw attention to them.’

“I then carefully responded with, ‘Your hands tell the story of your life. They tell the story of love, of care and adventure. These hands have touched and held things that most people can only wish to one day.’ And with that, she went with the color pink for her nails. Sometimes what we are so insecure with, others find beauty in.”

Not only did Brandalyn help this resident see herself as beautiful again, she reminded her that her hands show a lifetime of experience. This is something young people often envy and desire for themselves. But unless they’ve gone through the life and have those hands, they’ve yet to earn that experience.

The young nursing home worker’s Facebook post got a lot of attention. Many people have come forward to share their love for what Brandalyn is doing for her residents.

Trish Kristan Ricker wrote, “I love this. Hands do tell the life story. One my most treasured pictures is my mom’s hands and my baby’s hands together. My baby was two months old and my mom was 71, dying from pancreatic cancer. This is one of the few pictures I have of that time.”

Kati Marie Phillips wrote the following about her family: “It was amazing to introduce my daughters to my great grandmother Midge and just sitting with her hearing all her life stories fills my heart I love older people they are so full of knowledge and wisdom.”

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Nursing Home Resident Says She’s Sad Because Her Hands Are Ugly, So Worker Takes Action