Wise County home health nurse convicted of stealing from elderly woman

WISE COUNTY, VA (WJHL) –  A home health nurse pleaded guilty to stealing from an elderly patient in southwest Virginia. Wendy Goad, 38 of Comfort, WV, pleaded guilty to charges Thursday in Wise County.

Those charges include grand larceny, credit card fraud, attempted credit card fraud, and credit card forgery.

Prosecutors say Goad was caring for an elderly woman back in July when she stole several items and used the victim’s bank card to purchase nearly $500 worth of merchandise for herself.

Goad is scheduled to be sentenced March 14.

The following is a new release  from Wise County Commonwealth Attorney Chuck Slemp:

Wendy Goad, age 38 of Comfort, West Virginia, pleaded guilty on Wednesday, January 10, 2018, in the Wise County Circuit Court, for Grand Larceny, Credit Card Fraud, Attempted Credit Card Fraud, and Credit Card Forgery. Her plea comes on the day she was scheduled to go to trial on the charges.

Goad pleaded guilty without a plea agreement from prosecutors, meaning a judge will determine her sentence after listening to the testimony of witnesses for prosecutors and the defendant at a hearing.

On or about July 20, 2017, Wendy Goad was working as a substitute home health care nurse in Wise County, Virginia. While working to care for an elderly woman, Goad took two bags of items belonging to the victim out of her house. Then she took the elderly victim to another location and came back while the victim was not at her residence to remove more items from the house.

The victim also gave Goad her bank card to buy six grocery items. However, Goad used the card at multiple locations. Specifically, Goad signed the victim’s name and got $495 of items at WalMart. Goad later returned and attempted to use the card at WalMart again, but this attempt failed.

This prosecution was successfully brought to a conclusion through the efforts of Commonwealth’s Attorney Chuck Slemp and assistant Commonwealth’s Attorney Ken Lammers.

Commonwealth’s Attorney Chuck Slemp said, “We continue our efforts to protect seniors from abuse and financial exploitation crimes. It is even more troubling in cases like this, when a nurse is being paid to provide medical care for someone and violates that trust by exploiting the vulnerability of an elderly victim.”

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Wise County home health nurse convicted of stealing from elderly woman

Aberdeen woman sentenced in elder abuse theft case

An Aberdeen woman was sentenced Thursday for stealing thousands of dollars from elderly people, the Attorney General's Office announced.

Amy Schmidt, 37, from Aberdeen, stole money from three elderly people she worked with while employed at a home health agency.

She was sentenced for one count of grand theft and was given five years in the state penitentiary and ordered to pay about $7,000 in restitution, along with court costs.

The case was investigated by the Aberdeen Police Department and the Brown County Sheriff's Office and prosecuted by the Elder Abuse and Financial Exploitation Subdivision of the Attorney General's Office.

Full Article & Source:
Aberdeen woman sentenced in elder abuse theft case

Reform could ensure family access to medical, financial info

By Colleen Heild

From across the country, Karla Holomon got the phone call that families dread – her older half-sister Cheryl had been hospitalized at a mental health facility in Albuquerque with a diagnosis of depression and dementia.

Now Cheryl has been placed in a court-appointed guardianship in New Mexico and may be moved away from her only friend, who lives in Santa Fe, by the professional guardianship firm.

And without action from the Legislature this year, there’s no guarantee that Holomon, who lives in North Carolina, will be allowed access to financial and other documents to ensure that her sister’s care is adequate and that her sister’s savings are being spent wisely.

During a break in a Dec. 22 Supreme Court guardianship commission meeting, state Sen. Jerry Ortiz y Pino, D-Albuquerque, talks with fellow commission member, Emily Darnell-Nunez, whose mother was the subject of a contested guardianship-conservatorship. (Jim Thompson/Albuquerque Journal)

So far, Holomon told the Journal, her experience with New Mexico’s guardianship system has been rocky.

First, a social worker from Albuquerque called in December to insist that Holomon agree to petition the state district court to place Cheryl under a legal guardianship – the cost of which, the social worker said, would be paid from her sister’s assets.

In a letter to District Judge Alan Malott, who is presiding over the case, Holomon said she initially agreed to be the petitioner.

But in a follow-up conference call, her letter stated, an Albuquerque attorney involved in the matter wanted her to sign a fee agreement to retain the lawyer’s firm to handle the guardianship. Holomon said the attorney said the price tag for an uncontested guardianship case was $8,000.

When Holomon said she would sign an agreement with a $10,000 cap, the lawyer replied that was not acceptable, the letter stated.

According to the letter, Holomon, a retired corporate attorney, told the lawyer and other parties on the call that she felt she was being coerced to sign an open-ended fee agreement with a law firm she had no knowledge of – at which point Holomon said the Albuquerque lawyer ended the phone call.

The attorney, Marcy Baysinger, told the Journal on Friday she was aware of the letter to the judge.

“I can tell you that I did not coerce her (Holomon) into doing anything. We were having a general discussion about a potential engagement in an attorney-client fashion,” Baysinger said. “There’s not a lot more I can tell you because of the nature of guardianships and confidentiality.”

Baysinger was listed as the attorney for Central Desert Behavioral Health Center, of Albuquerque, which filed as the petitioner in Cheryl’s guardianship on Dec. 12, a court docket sheet shows. Asked who paid her costs, Baysinger told the Journal, “I can’t tell you that.”

Cheryl has since been moved to another facility after falling and breaking her hip at Central Desert, Holomon said in her letter.

Holomon said she was so troubled by the episode that she wrote to Malott and asked that her letter be included in the case file.

“I was told by an acquaintance that I need to be concerned about New Mexico guardianships,” states her letter, a copy of which she sent to the Journal. “Of course, she (her acquaintance) offered no particulars as to precisely what I need to be concerned about.”

Financial reports closed to family

Holomon, like other relatives of people placed under court-ordered guardianship or conservatorship with private firms, told the Journal of the emotions she faced upon learning her relative was in need and in the custody of strangers.

She wrote in her letter that she has tried to help her older sister many times over the years, and regrets that currently “I am neither physically nor emotionally able to care for Cheryl.”

“All I want is what any family would want, and that is fairness and transparency,” Holomon told the Journal last week.

Holomon asked Malott to provide her copies of the financial statements filed in the case that would show how her sister’s assets, estimated at about $100,000, are being spent by the professional guardian firm, the petitioner’s attorney, and other parties.

But under current New Mexico guardianship laws, only the judge is entitled to financial reports, which are required annually.

That could change if the Legislature enacts a new model uniform guardianship law that, among numerous reforms, gives family members the right to review financial and guardianship reports. Currently such records are considered confidential.

State Sen. James White, R-Albuquerque, is sponsoring a 187-page version of the reform act, which was the product of two years of study by national experts.

Jack Burton

Santa Fe attorney Jack Burton, a member of the Chicago-based Uniform Law Commission that drafted the model law, told the Journal last week that Gov. Susana Martinez needs to give the green light before the Legislature can consider an overhaul of the law.
The 30-day legislative session, which generally focuses on budgetary issues, begins Tuesday.

Under the uniform law, Burton said, family members are “absolutely” entitled to reports filed with the court by guardians and conservators.

“I don’t know exactly how New Mexico got off on the wrong track (in crafting its guardianship laws) but it certainly did,” said Burton. He said he expects a “companion” bill to be introduced to provide money for the state’s courts to hire people to monitor and audit guardians and conservators.

State Sen. Jerry Ortiz y Pino, D-Albuquerque, served on the state Supreme Court guardianship commission that recently studied ways to improve New Mexico’s system.

“From the testimony we received, there was the strong belief that families are too frequently excluded from a meaningful role in this process,”Ortiz y Pino told the legislative health and human services commission in November.

The Supreme Court commission released its recommendations to the Supreme Court on Jan. 1 and endorsed the Uniform Act, with several minor amendments.

When such cases get into the court system, Ortiz y Pino said, “it’s almost like people feel like if you go to court then the family is ruled out, their input is discounted, they’re not solicited for suggestions and they’re not kept informed.”

‘Troubling’ conversation

Cheryl has been employed at various times as a legal secretary and a manager of a Santa Fe resort but has no other living relative with whom she has maintained contact, Holomon’s letter stated.

“At this point in my life, I am not capable of dealing with Cheryl’s current situation without support from other family members. Unfortunately, there are none. While I do not have the affection and regard for Cheryl that one would hope to have for a sibling, I do care what happens to her.”

Holomon said she understands the state “must be compensated for the manpower and services that it has dedicated to establishing and maintaining this guardianship” and is “very grateful” for the care and assistance already provided to Cheryl.

Holomon said she initially agreed to be the petitioner after being informed by a social worker that filing as the petitioner would cost her “nothing, with funds coming from Cheryl’s assets.”

New Mexico law states, “If not otherwise compensated for services rendered, any visitor, attorney, physician, conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.”

Cheryl has an investment account, a bank account, social security, and long-term care insurance, Holomon said in her letter.

She told Malott that the subsequent conversation with Baysinger “was very troubling on a number of levels.”

Also troubling her is whether her sister will be moved to Las Cruces, where the court-appointed guardian, CNRAG Inc. is headquartered, she said in the letter.

“I am concerned that it is so remote, and particularly that Cheryl will not be able to have visits from … her one close friend, who resides in Santa Fe.”

Holomon, in her letter, told the judge she took care of their mother, who had Alzheimer’s, until her death.

“I know what lies ahead for Cheryl,” she added.

Full Article & Source:
Reform could ensure family access to medical, financial info

Campbell lawyer charged with misconduct for allegedly bilking client

A Campbell lawyer who allegedly tricked his client into bequeathing him $185,620 has been charged with misconduct by the State Bar of California.

The Bar, which licenses attorneys, has charged Paul Douglas Van der Walde with nine counts of misconduct, including fraud.

In an email, Van der Walde said he had no comment on the charges, other to say “I am an ethical attorney with a 25 year record of no discipline.” He also described the alleged victim, Mary Exum, as a “dear friend.”

Van der Walde allegedly tricked the elderly client into leaving him a 70 percent interest in her estate in a living will he drafted for her in 2009, according to the Bar.

The notice of disciplinary charges puts it this way:  Van der Walde “induced his client to make a substantial testamentary gift to himself.”

She died in 2014, and Van der Walde received the $185,620 in 2016.

The alleged violations came to the attention of the State Bar after a distant relative complained.

The Bar is allowing Van der Walde to continue practicing law in California while the case is heard. The agency has not posted a consumer alert on its website nor has it suspended his license because officials there currently believe his alleged misconduct was limited to this particular situation.

Full Article & Source: 
Campbell lawyer charged with misconduct for allegedly bilking client

Opening Salvo on New York’s 2018 Assisted Suicide Bill

Disability activists from the Albany area donned bright pink Not Dead Yet t-shirts, carrying leaflets and signs to voice strong opposition to legalization of assisted suicide at a press conference held by proponents of this year’s bill.

Image description: Blond woman with glasses holds sign saying “Assisted Suicide = Deadly Discrimination” with a skull drawn below the words.

Image description: Two men wear bright pink t-shirts, with the words “Not Dead Yet” visible on one man, who is using crutches. The other man holds a sign which says “Assisted Suicide World’s Cheapest Healthcare”.

Local television news covered the press conference and protest, and included brief interviews with Kathryn Carroll (pictured above) and Gregg Beratan, who are from the Center for Disability Rights (CDR), in the news video. CDR’s policy position on the issue is here.

The Staten Island Advance also covered the story in Should terminally ill in N.Y. have access to aid in dying? The coverage included some key issues of concern:

Diane Coleman, president and CEO of Not Dead Yet, an advocacy organization in Rochester, cited several issues with the legislation.

Coleman said that obstacles in obtaining quality health care could lead individuals to opt for aid in death.

“There are a lot of issues getting quality care,” she said. “It gives them an easy way out.”

“That’s just reality,” she continued. “That our insurance companies are going to do the cheap thing over the right thing.”

Coleman also cited a lack of oversight after a prescription is given to a patient as one of the many issues with the bill, arguing that they can be coerced into opting for aid in dying. 

“The bills themselves do not include any type of independent witnesses at the time of ingestion,” Coleman told the Advance. “There’s no way to know.”

On the same day, the New York Alliance Against Assisted Suicide issued a press release launching the Alliance’s new website, noting that it “that will enhance its ability to work against the legalization of physician-assisted suicide in the Empire State.” Not Dead Yet and the Center for Disability Rights are part of the NY Alliance. As CDR’s Director of Advocacy Stephanie Woodward said in the release:

The new website, NoSuicideNY.org, offers readers the latest news on the physician-assisted suicide debate in Albany; talking points to equip allies for effective advocacy; and video testimonials from terminally-ill persons, disabled people, and others whose life experiences have led them to speak out against doctor-assisted death. Significantly, the website also includes an action alert that allows New Yorkers to e-mail their legislators about this important issue.

Full Article & Source:
Opening Salvo on New York’s 2018 Assisted Suicide Bill

Tonight on T. S. Radio, "TNT Tanya talkS" Debutes

Please join me this evening as we welcome our newest host on TS Radio: Tanya Hathaway

4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST

TNT Tanya TalkS is lining up guests that will share their verified stories of alleged corruption/abuse by the state of Oklahoma.

The progress and outreach to meet the deadline of bringing the alarming alleged organized crimes by the State of Oklahoma to the DOJ in the fall of 2018 , and what it will take to make it happen will be discussed.

Plenty of hot topics regarding who is who (many and plenty of those), and why they are still on the bench, in office, donning a badge, etc.; will be brought to light as “alleged” crimes-for now.

The show will strive to explore some legal interpretations of the law and some deep dark secrets that many don’t know or if they told anyone, people would think we were crazy. Well, it’s time for an education!

All this is for the well-deserved benefit of doing the dance better than the wrong-doers in disguise; and to bring to surface an understanding of where our rights actually do reside as TNT Tanya talkS exposes the crimes and the criminals…(alleged).

Tanya Hathaway is not an attorney and cannot give and does not give legal advice. She is an activist, advocate, victim-survivor- whistleblower, blogger and author and speaker. Tanya strives to give opinion and resources, discuss options and encourages moving forward in bringing Justice to Oklahoma and realizing the true “Access to Justice” as our constitution was and is meant to be.

LISTEN to the show live or listen to the archive later

Editorial: More guardians are needed for Nebraska's vulnerable

Nebraska took a commendable step forward in 2014 when the Legislature approved a proposal to publicly fund guardians who would help elderly and disabled adults lacking anyone to manage their financial affairs.

The legislation, by then-State Sen. Colby Coash of Lincoln, arose after a private guardian in Gering was accused of embezzling a total of $600,000 from 688 wards, in 60 Nebraska counties, who had been assigned her by the courts.

Discussion of the bill highlighted how the state’s number of guardians fell far short of the need, compelling Nebraska courts to appoint volunteers who often took on heavy caseloads.

Twenty publicly funded guardians currently serve 237 adults. Sometime this year, the public guardianship program will likely reach the maximum total of 300 wards allowed under the 2014 law.

In anticipation, the state Office of Public Guardian says it will launch a pilot waiting list, so people can be assigned a guardian, when available, based on the severity of the situation.

This is an eminently worthwhile program, and Nebraska leaders should be attentive to the likely increased demand for it in coming years. Demographic projections in the office’s recent report to the Legislature and Nebraska Supreme Court show why.

Nebraska had 240,000 residents over age 65 in 2010, and by 2030, the number is projected to increase to 400,000. A significant portion of those adults will likely have no trusted relative or friend to serve as a guardian, the report says.

The report highlighted various challenges for the public guardianship program. Lawmakers at the state or federal level should look to see whether legislative adjustments or administrative action could help address some of the obstacles.

For example, they should consider taking steps to:

» Clarify the rights and responsibilities of guardians when a ward is receiving health care, to lessen uncertainty for medical staff.

» Help wards better understand their opportunities for free or reduced-cost legal services when available.

» Improve a person’s eligibility for Medicaid if he or she has been a victim of financial abuse by family members.

Michelle Chaffee, director of the Office of Public Guardian, notes that many Nebraskans served by her office once held well-paying jobs but now, in the wake of a health care crisis, find themselves in serious need for help with their financial affairs.

“Any of our Nebraska neighbors could end up being in need of public guardianship services,” she said.

The public guardian program serves a vital purpose. Nebraska leaders should be mindful to maintain it and make practical improvements when appropriate, to meet the long-term need.

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Editorial: More guardians are needed for Nebraska's vulnerable

No Neglect

New Oregon legislation aims to protect elderly from abuse

By Kelly Kenoyer

Gov. Kate Brown Signs a bill increasing Civil penalties for Elder Abuse

A new law in Oregon takes great steps for protecting the elderly from abuse and mismanagement in the state’s 530-some licensed care facilities.

House Bill 3359, signed by Gov. Kate Brown in August, increases civil penalties for elder abuse by 400 to 500 percent. It also institutes a fine, capped at $1,000, for facilities that fail to report their own abuses.

Eugene Weekly reported in May that facilities had little incentive to fix systemic problems that led to neglect and abuse because the existing fines were lower than the costs of fixing the problems (“System of Neglect,” May 4).
Under the previous statutes, civil penalties for all but the most egregious abuse and neglect cases in Oregon were capped at $500.

Lee Bliven is a local ombudsman — a volunteer who advocates for patients in long-term care facilities — and an advocate for the elderly who fought the neglect of his wife by a local facility earlier this year. “Most care facilities are receiving a minimum of $5,000 up to, at the high end, about $12,000” a month per resident, Bliven says, so a $500 fine for neglect has little effect.

 Increasing civil penalties for neglect in long-term care facilities will push them to adhere to guidelines, according to Bliven and other stakeholders.

The new statutes, which go into effect on Jan. 1, clarify a set of guidelines for determining the severity of a violation, splitting violations into four levels. The highest-level violation has a civil penalty of no less than $1,500 per violation, not to exceed $2,500 per violation. The legislation also establishes guidelines for assessing severity that include not only the kind of harm or potential for harm, but increase the severity if the violation is part of a pattern within the facility.

The law also includes a new civil penalty of up to $1,000 for failure to report abuse to the Department of Human Services (DHS). Bliven says he hopes to see this penalty increased and used frequently. “It needs to be a high enough penalty that if they’re caught, they regret it,” he says. “By not self-reporting, it’s going to lead to more abuse.”

Fred Steele, the state’s long-term care ombudsman, says the legislation “looks at improving quality of life and quality of care for those residents.” He calls this bill “the most comprehensive piece of legislation related to these communities ever in Oregon.”

Steele highlights sections in the bill that require more dementia-related training for those in memory care units, higher licensing fees to increase funding for DHS surveyors, and language that shows “the intent to create a licensing structure for administrators.”

Three legislators led the discussion around this bill, Steele says: Speaker Tina Kotek, Rep. Caddy McKeown and Rep. Alissa Keny-Guyer.

Steele adds that the legislators involved in the process were aware of the EW article about the civil penalties and it helped them understand the needed changes.

Steele says the increase in civil penalties is a key aspect of this legislation because “it’s a lot cheaper to pay a $500 fine rather than pay for full staffing for that facility.” Now, he says, “You can and will be fined to a degree that would be equivalent to those staffing wages that should have been going to an additional staffing person.”

Sen. Sara Gelser of Corvallis, who also worked on the bill, was pleased with the level of collaboration. She says the Oregon Healthcare Association, which represents care facilities, came to the table and was willing to discuss the issues. “You really want to protect the client and you want the state to be a very strong consumer protection agency,” she says.

Steele asks that those interested in helping the vulnerable population in retirement facilities consider becoming certified volunteer ombudsmen. “We ask for them to at least be assigned to one facility, to go at least weekly,” he says.

Ombudsmen help with reporting abuse and can be an ally for residents in facilities who may not know who else to turn to. “By our estimation we need about nine more volunteers to fully serve the communities in Lane County,” he says, adding that there is a training planned in Eugene for January.

Learn more about volunteering at oregon.gov/LTCO

Full Article & Source:
No Neglect

‘Caretaker’ couple facing murder charges in death of elderly man

Jonathan Lee Barber and Tiffany Dawn Fountain - Rollis Noble Bowman

Two people who reportedly agreed to look after an elderly man are now facing murder charges.

According to investigators, Jonathan Lee Barber and Tiffany Dawn Fountain are responsible for the death of 76-year-old Rollis Noble Bowman, along with over $7,000 in unexplained ATM withdrawals from his bank account.

The couple initially lived next door to Bowman on Brandy Lane, where they rented a home from him, according to Chief Deputy James Yarbrough with the Coweta County Sheriff’s Office.

While Bowman was not suffering from any pre-existing medical conditions, he needed help with day-to-day activities because of his advanced age, according to Yarbrough.

With Bowman’s closest relatives living in Augusta, an agreement was reportedly made with his Barber and Fountain, who agreed to help out and moved in with Bowman in September of 2016.

In exchange for their help, Bowman let them live rent-free in his home and paid for all the groceries and utilities, Yarbrough said.

Bowman also provided his ATM card to the couple to help pay the bills, but investigators now say there is more than $7,000 in unaccounted withdrawals.

Investigators say they believe while Barber and Fountain lived with Bowman, the older man suffered from extreme neglect and, as a result, his health spiraled.

By March of 2017, Bowman had contracted pneumonia, but the couple never took him to the doctor or filled any prescriptions, Yarbrough said.

Two months later, Bowman passed away in his bedroom. At the time of his death, Bowman weighed just 110 pounds – a loss of more than 55 pounds, according to his Georgia driver’s license.

Because of the suspicious circumstances surrounding his death, Bowman’s body was sent to the GBI crime lab for further analysis. On Jan. 2, the final results came back.

According to GBI Deputy Chief Medical Examiner Jacqueline Martine, the causes of Bowman’s death were acute pneumonia, dehydration and cachexia –  a metabolic disorder that typically involves extreme weight loss and increases the risk of deadly complications such as infections.

Martin listed the manner of death as homicide and said she believed Bowman’s basic needs and medical care were met with “carelessness...in other words, (he was) neglected.”

Lead Investigator Sgt. Chad McDonald said instances like these are horrific but are becoming more common.

“That’s why the attorney general is starting to address this,” he said. “There are more situations where people are taking in elderly people or offering to care for them, but they exploit the situation. There’s a financial element that drives it."

On Tuesday, authorities arrested Barber, 29, and Fountain, 28, and charged both with murder and two counts of elder abuse. They are being held at the Coweta County Jail.

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‘Caretaker’ couple facing murder charges in death of elderly man