COLERAIN, OH (FOX19) - A family is demanding changes at a Colerain
nursing home after it says a loved one was hospitalized while in the
home’s care.
The family made several complaints to the Ohio
Department of Health about the Liberty Center of Colerain, which led to
an on-site investigation. It claims a woman’s infected wound was left
untreated and it nearly killed her.
Since that time the nursing center has been cited for several violations of state and federal regulations.
Elizabeth
Smith-Burrell has been staying at the Liberty Nursing Center of
Colerain for nearly two years. In October her health declined
significantly after she developed a pressure ulcer on her lower back.
"If you have a weak stomach it'll make you cringe," said Michael Nowell, who is the cousin and legal guardian of Smith-Burrell.
Nowell showed FOX19 pictures of the wound on his 71-year-old cousin’s lower back, which are difficult to look at.
“The
wound is probably 1 1/2 inch in diameter and 3 inches deep -- and at
the base of the wound I can see her spine. I can see white bone, her
spine,” said Nowell.
He says Smith-Burrell came to the Liberty
Center of Center of Colerain after being partially paralyzed from a
stroke. Nowell says that her doctor ordered a cushion to relieve
pressure while sitting in her wheelchair. He also prescribed protein
supplements to help her body heal and prevent bed sores. However, Nowell
says the staff at the facility never followed through with the doctor’s
orders.
“She a diabetic and when you have an eruption in your
skin like that it could be deadly. This particular episode that’s she’s
going through right now is very -- it’s got her close to death,” said
Nowell.
Public records from the Ohio Department of Health list
multiple violations at the Liberty Nursing Center of Colerain including:
“The facility failed to initiate and consistently follow physician
ordered treatments to prevent the development of avoidable pressure
ulcers and/or promote the healing of three of five residents, which
resulted in Immediate Jeopardy for two of five residents.”
The
administrator of the Liberty Nursing Center of Colerain, Brenda White,
said she was not able to discuss patient care but issued this statement:
“We do provide quality care. We have a 5-star rating in our quality
measure determined by Medicare and Medicaid Services.”
Nowell says he hopes the nursing home makes major changes to prevent a similar infection from happening to another patient.
“It’s really sad to have that happen to someone," he said.
Nowell is now reaching out to lawmakers in an effort to legalize cameras in private rooms in nursing homes.
Full Article & Source:
‘I can see her spine’: Ohio nursing home cited after several complaints
Saturday, December 22, 2018
Vermont man charged with stealing from elderly aunt
NEWPORT, Vt. (WCAX) A Vermont man is accused of stealing tens of thousands of dollars from his 84-year-old aunt.
Police say Eric Brigham, 52, of Williamstown, stole $48,000 from his elderly aunt who lives in Newport by abusing his power of attorney. They say Brigham spent the money on himself. He's also accused of selling his aunt's belongings when she entered a nursing home. Investigators think he may have left her with debt, too, with more than $20,000 owed to credit card companies and her nursing home.
Brigham is due in court next month. He's charged with financial exploitation.
Police say Eric Brigham, 52, of Williamstown, stole $48,000 from his elderly aunt who lives in Newport by abusing his power of attorney. They say Brigham spent the money on himself. He's also accused of selling his aunt's belongings when she entered a nursing home. Investigators think he may have left her with debt, too, with more than $20,000 owed to credit card companies and her nursing home.
Brigham is due in court next month. He's charged with financial exploitation.
Full Article & Source:
Vermont man charged with stealing from elderly aunt
Friday, December 21, 2018
Jury awards woman $1.2 million over nursing home's neglect
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| Shirley Burrows with her granddaughter. |
Instead of getting better, Burrows’ sores worsened, her attorneys said. The wounds became infected, and a bone in Burrows' lower back was exposed.
A Niagara County jury earlier this week awarded $1.25 million to the 72-year-old woman, after determining Newfane Rehab & Health Care Center was negligent in its care of her.
The jury award was unusual: Most lawsuits against Western New York nursing homes are settled before trial and the amount is kept private at the nursing homes' request.
“She had gone to the nursing home for wound care treatment and they horribly neglected her,” said Brian R. Hogan, one Burrows’ attorneys at Brown Chiari law firm. “What makes this egregious is they knew she had sores and she was not seen by a doctor at the nursing home.”
Burrows was transferred from Eastern Niagara Hospital to the nursing home on March 3, 2015, following her approximately two-week hospital stay. After her bedsores worsened, she was taken to Mount St. Mary Hospital’s wound care clinic in Lewiston.
“When she arrived at the clinic, the staff was saw the size and and depth of the wounds they became emotional and immediately admitted her to the hospital for surgery,” Michael C. Lancer, Burrows' other attorney, said.
Her wounds were on her sacrum and backside, the lawyers said.
Bedsores, also known as pressure sores, occur when a section of the body is pressing against a surface for too long and not repositioned to alleviate the pressure. Medical protocol to prevent sores calls for repositioning every two hours.
These injuries remain an ongoing issue in nursing homes despite efforts in recent years in New York State to drive down the number of residents who end up with them.
At Newfane Rehab, 6.02 percent of the long-term, high-risk residents developed bedsores from July 2017 through June 2018. Only 0.2 percent of the short-term residents there had new or worsened bedsores. Both marks were better than the statewide averages: 6.8 percent for long-term residents and 0.8 percent for short-term residents.
“This is the sort of thing we see over and over again at different nursing homes. All they’re doing is documenting, but not really treating the wounds,” Lancer said.
The lawsuit was filed in June 2015 against the Newfane facility, Integrated Care Systems LLC, and Eastern Niagara Hospital in Lockport. The nursing home was operated until June 2015 by Integrated Care Systems LLC and the real estate was owned by the hospital. Companies run by out-of-town investors in Maximus Newfane LLC bought the operating license and the property at 2709 Transit Road that same month, according to state and federal records.
Attorney Seth A. Hiser, who defended the nursing home and Eastern Niagara Hospital in the two-week trial before State Supreme Court Justice Daniel J. Furlong in Niagara Falls, declined to comment. Craig Shaffer, the administrator at the nursing home, did not respond to requests for comment.
The federal government rates Newfane Rehab as a two star, or “below average,” facility in its five-star rating system.
After her surgery, Burrows was discharged from Mount St. Mary and she now lives at her home in Newfane.
“It took two years of treatment at the wound clinic and she still has an open wound, but it is a lot smaller and her daughter is caring for her,” Hogan said.
Of the verdict amount, the jury awarded $475,000 for past pain and suffering, $300,000 for future pain and suffering, and an additional $475,000 for violating a state public health law that requires special protections to nursing home residents, for the total of $1.25 million.
Attorney Don Chiari said his law firm was initially told by attorneys for the insurance company covering the nursing home that it “would never pay a dime on this case.”
Medical Liability Mutual Insurance Co. provided the insurance for the facility.
Full Article & Source:
Jury awards woman $1.2 million over nursing home's neglect
Maryland Probate Court Judge Faces Sanctions Over DUI Arrest
ROCK HALL, Md. (AP) — A Maryland probate court judge
is facing disciplinary action following an arrest for driving under the
influence earlier this year.
The Commission on Judicial Disabilities charged Amy L. Nickerson with violating the Maryland Code of Judicial Conduct in October, a charge that became public Friday after Nickerson filed a response.
The Kent County Orphan’s Court judge was arrested March 9 when she was stopped for speeding. She received probation before judgment in July on a count of driving while impaired.
She was also found guilty to reckless and negligent driving.
Nickerson acknowledged all of the allegations and apologized for her conduct.
She called the arrest “isolated” and pointed out that she was still re-elected this year. She said she would consent to an appropriate reprimand.
Full Article & Source:
Maryland Probate Court Judge Faces Sanctions Over DUI Arrest
The Commission on Judicial Disabilities charged Amy L. Nickerson with violating the Maryland Code of Judicial Conduct in October, a charge that became public Friday after Nickerson filed a response.
The Kent County Orphan’s Court judge was arrested March 9 when she was stopped for speeding. She received probation before judgment in July on a count of driving while impaired.
She was also found guilty to reckless and negligent driving.
Nickerson acknowledged all of the allegations and apologized for her conduct.
She called the arrest “isolated” and pointed out that she was still re-elected this year. She said she would consent to an appropriate reprimand.
Full Article & Source:
Maryland Probate Court Judge Faces Sanctions Over DUI Arrest
In Louisiana, More Than a Third of Ex-Lawmakers Continue to Try to Influence Their Old Colleagues
The state ranked 50th in patient quality of care in a recent AARP report, which noted high rates of pressure sores and antipsychotic medications.
Elderly citizens widely prefer staying in their homes with help as long as possible, studies show. And advocates for changing the system say that making institutionalization a last resort would save the state money.
But when legislation was introduced this year to address that imbalance, three prominent former lawmakers helped torpedo it before it could progress.
Former House Speaker Jim Tucker urged the House Appropriations Committee to kill the proposal. Joe McPherson, the former chair of the Senate Health and Welfare Committee, told his onetime colleagues the reform was impractical. And Sherri Buffington, the committee’s former vice chair, watched from the audience.
Each of them is deeply connected to the nursing home industry, which has strongly opposed the changes.
Tucker is the CEO of CommCare Corp., a nonprofit that runs 13 Louisiana nursing homes. McPherson is the administrator and part-owner of a nursing home in Lafayette. And Buffington, who as a legislator sponsored laws that helped nursing homes reap more money, now lobbies for the health care sector, including a Shreveport hospital system that owns a nursing home.
The muscular display from former lawmakers is not unusual in Louisiana, a state known for a pro-business climate, and in particular a lax regulatory environment. Former lawmakers, whose legislative jobs brought in $30,000 to $40,000 a year in combined salaries and per diems, frequently leverage the part-time jobs into much higher-paying roles in the private sector or in the upper ranks of government. The bills they sponsored and positions they espoused at the Capitol give them a launching pad for lucrative future opportunities.
Some work around the state ethics law requiring them to wait two years before lobbying the Legislature. Instead, they push industry positions before other government branches, or sign on as “consultants” rather than lobbyists. Others take on top jobs at state agencies or in the executive branch, working on behalf of interests they once championed from the floor.
“There’s a whole flock of them,” said State Sen. Conrad Appel, a Republican who sponsored the bill this year supporting more home- and community-based care. “Do they have any extra authority because they were a legislator? I’d say no. But they do have a leg up because they’re friends with people there, and they know how the system works, and they have contacts.”
To gauge the continuing influence of former lawmakers, The Advocate and ProPublica tracked the 99 former members who left the Legislature between 2010 and last month’s elections. Thirty-five went on to jobs in the spheres of lobbying, consulting, governmental affairs, state government, state boards or as legislative advocates for businesses they run. The group includes members of all political affiliations.
“They’ve proven their loyalty to the industry already, and they still have influence,” said Bruce Blaney, a former state health official, about lawmakers who advocate for nursing homes. As the head of an association of more than 300 in-home support providers, Blaney has often tangled with the nursing home industry. He has yet to prevail. (Click to Continue)
Full Article & Source:
In Louisiana, More Than a Third of Ex-Lawmakers Continue to Try to Influence Their Old Colleagues
Thursday, December 20, 2018
VA Still Arbitrarily Cutting Caregivers From Program, Even As It Aims To Expand
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Ret. Sgt. Chris Kurtz and his wife Heather Kurtz pose for a portrait on the couch in their living room.
|
"Apparently my legs grew back, I dunno," he says with a laugh, and sinks into his couch in Clarksville, Tenn. And then he mentions that he probably can't get out of the couch without help from his wife.
In December 2010, a bomb blast ended his Army deployment to Afghanistan. He lost both legs above the knee and half of his left hand. Heather, then his fiancée, joined him at Walter Reed Army Medical Center and the VA suggested she apply for their new caregiver program.
The program was set up to support family members of Iraq and Afghanistan veterans. They're mostly wives and mothers who receive a VA stipend to provide home health care that would otherwise cost the VA millions of dollars.
When it started in 2011, vets signed up in huge numbers, quickly overwhelming the VA staff assigned to the program.
In recent years many VAs have drastically cut their rolls — often with little explanation to the caregivers.
Top, Ret. Sgt. Chris Kurtz waits for his chair after
arriving home. Bottom left, Kurtz wheels himself up to his front door as
his wife and caretaker Heather Kurtz follows behind. Bottom right,
Kurtz rests his hand, which is missing fingers from his injury. Erica Brechtelsbauer for NPR
Congressional sources confirmed that the VA has missed its first deadline in October to implement new information technology for the caregiver expansion — raising serious concerns of further delay. VA says the department will not deploy the new system until it is ready and has been tested thoroughly
.
But VA also recently blew through a deadline to fix the IT for a new GI bill rule, and did so without initially telling Congress about the delay.
Jillyan Motter holds her younger brother Gabriel Kurtz.
Not reduced to a lower tier, but simply told that Chris no longer needs any help from Heather.
"He's all better now, all better," she said sarcastically as Chris laughed. "So he doesn't need a caregiver for anything."
"It was part of my identity. And then to have a letter tell me, 'Well you're no longer on the caregiver program,' it hurt like a punch in the gut. Because I didn't stop caregiving. I've always been a caregiver and I always will be," she says.
The home of Ret. Sgt. Chris Kurtz and Heather Kurtz on base at Fort Campbell.
J.D., a former Army sniper, lost three limbs in a bomb attack in Kandahar. He's fiercely independent, and he still finds ways to bow-hunt and target shoot. But he can't do basic things like put on his prosthetic legs without help from Ashlee.
"It's a 24/7 job," she says. "If he wants to put his legs on he needs assistance. He wants a shower, he needs assistance. It's not my choice. I worked full time before, at a job I enjoyed. [I had] to walk away from that."
The Williams were demoted to Tier 1 of the program — but once their story got negative media attention, they were quickly restored to a higher tier. Still, Ashlee Williams says the way the decision was so easily changed makes her nervous.
Former Staff Sgt. J.D. Williams poses for a portrait with his wife and caretaker Ashlee Williams.
An NPR report this year found that some VAs across the country have cut their rolls drastically. The VA says it's part of standardizing the program and removing some vets who never should have qualified.
But a VA inspector general report in August found that about half the time, the VA wasn't adequately monitoring the veteran's health when it dropped them.
"So many caregivers are having issues," says Williams, "and there's no one to look at their case."
That's certainly true for the Tennessee Valley VA. From 510 caregivers on its rolls early last year, there are now only 104 — a drop of 80 percent.
It's not only Tennessee. A VA spokesman said nationally the total number on the program has decreased slightly as facilities more accurately and consistently identify veterans who meet eligibility criteria for the program.
Caretaker Ashlee Williams helps her husband, Former Staff Sgt. J.D. Williams, put on one of his prosthetic legs.Erica Brechtelsbauer for NPR
"I was also told that in order to stay on the program, that I needed to have gotten treatment in the VA within the last year," he says, "or else I'll be removed from the program."
Gillums says he had been to the VA for treatment. He thinks either the administrator who contacted him didn't seem to have complete access to his health records, or it was something worse.
"You could take that as just informing me of the policy or it seems like a veiled threat — that's just how I took it," he says.
Gillums is also a senior official with one of the country's largest veterans organizations, AMVETs. And he's the vice chairman of the VA's own caregiver advisory committee. He thinks there's an effort to shrink the program.
"I characterize it this way — beginning a purge," Gillums says.
Old wheelchairs and prosthetic legs sit in a corner of Former Staff Sgt. J.D. Williams' home.
Congress passed a law in May, the VA Mission Act, which begins expanding the program to caregivers for veterans who served before 9/11, starting with vets from World War II, Korea and the Vietnam era.
VA Secretary Robert Wilkie told NPR last month that improvements in the program are underway.
"I think we are close to fixing that. What was the Mission Act has done [is] provided us with more resources to go out into the community and find those families that we have not been supporting, from the Vietnam era in particular," Wilkie said.
Families like Paula and Chris Minger in Temecula, Calif. Chris suffered an abdominal wound in 1973, and complications led the VA to rate him 100 percent disabled. Paula has been taking care of him — without any VA stipend — for over 30 years. He's in and out of the hospital, and now he's often bedridden at home.
Former Staff Sgt. J.D. Williams practices shooting with
his bow in his backyard on Dec. 11, 2018. Williams uses his love of
hunting not only as therapy for himself but for other disabled combat
veterans.Erica Brechtelsbauer for NPR
But now he's 68 and she's 67, and she'd love some help, so the caregiver expansion was great news.
"I'm thrilled by it — I can't wait," Minger says.
She'll have to wait, though. The timeline isn't clear for when the expansion will start.
Bipartisan sponsors in Congress said they wanted to make sure to get the program right before rolling it out — particularly an update to the IT system. Congressional sources said it could be one to three years before Vietnam vets get in - but that hasn't been communicated to caregivers like Paula Minger, who thought she might be able to apply this spring.
"I'm speechless," she said upon hearing the one to three year estimate. "Think how many will die before then."
Full Article & Source:
VA Still Arbitrarily Cutting Caregivers From Program, Even As It Aims To Expand
89-year-old woman's death at nursing home being investigated as homicide
The death of an 89-year-old woman at a York County nursing home has been ruled a homicide.
An investigation found Nancy Young got into an "unwitnessed" fight with another resident of Pleasant Nursing Home in Springettsbury Township on Dec. 8. As a result of the fight, Young fell and broke her hip.
Young died of complications from the fall on Dec. 15.
"Because the fall was a result of the altercation with another resident, Young's death is ruled a homicide. The coroner's definition of homicide can be broad, referencing death that occurs at the hands of another. This does not mean that the ruling of homicide has legal merit - that may or may not be determined by police, the DA or a court," reads a statement from the York County Coroner's Office.
Springettsbury Township Police have been notified of the death. They are investigating.
Full Article & Source:
89-year-old woman's death at nursing home being investigated as homicide
An investigation found Nancy Young got into an "unwitnessed" fight with another resident of Pleasant Nursing Home in Springettsbury Township on Dec. 8. As a result of the fight, Young fell and broke her hip.
Young died of complications from the fall on Dec. 15.
"Because the fall was a result of the altercation with another resident, Young's death is ruled a homicide. The coroner's definition of homicide can be broad, referencing death that occurs at the hands of another. This does not mean that the ruling of homicide has legal merit - that may or may not be determined by police, the DA or a court," reads a statement from the York County Coroner's Office.
Springettsbury Township Police have been notified of the death. They are investigating.
Full Article & Source:
89-year-old woman's death at nursing home being investigated as homicide
Management trust can often substitute for guardianship
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| Sandra Reed |
Now Tina is considering instituting a guardianship proceeding to have herself appointed as guardian of her mother’s estate. Is there an alternative Tina can employ without having to establish a guardianship for her mother?
Mary is financially independent and not the recipient of any needs-based federal or state benefits, so planning to prevent loss of these is unnecessary. The Texas Estates Code §1301, et seq., allows a court to establish a trust for an incapacitated individual if the trust would be in the person’s best interest. Tina is financially savvy and can easily handle her mother’s financial affairs, including the investment of Mary’s assets. Therefore, Tina could be the trustee for the management trust. With today’s online banking features, Tina should experience minimal difficulties in handing her mother’s finances from afar.
Since the incapacitated person must be the sole beneficiary of the trust, Tina may not be a beneficiary of the trust. As trustee, however, Tina can manage her mother’s assets without having to apply to the court for permission to make discretionary distributions, pay expenses and take other day-to-day actions.
If Tina were appointed her mother’s guardian, she would have a duty imposed by Texas Estates Code §1161 to keep all of her mother’s assets invested, except for those funds immediately necessary for her mother’s education, support and maintenance. As a guardian managing her mother’s estate, Tina would have to act as a person of “ordinary prudence, discretion and intelligence.” She would be required to consider her mother’s probable income and increased value of the assets; safety of capital; anticipated costs of support; her mother’s age, education, current income, net worth, liabilities, and ability to earn additional income; the nature of the ward’s estate; and any other resources reasonably available.
As Trustee of the §1301 management trust, Tina can choose whether it is wise to invest certain assets, because the estates code provides very little restriction on the trustee. This increased flexibility is a distinct advantage, particularly in today’s volatile investment environment.
Tina will have to file an application for creation of a management trust established in the Texas probate court with jurisdiction and venue over her mother’s estate. However, once the court establishes the management, Tina will not have to obtain the court’s permission for actions as she would with a guardianship. This substantially decreases the cost of securing control over and protection of her mother’s assets.
Sandra W. Reed is an attorney with Katten & Benson, an Elder Law firm in Fort Worth. She lives in beautiful Somervell County, near Chalk Mountain.
Full Article & Source:
Management trust can often substitute for guardianship
Wednesday, December 19, 2018
No Time to Lose: Ideas for Improving Guardianship In NYS
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| Photo by Steve Buissinne (Courtesy of Creative Commons) |
The evolution, realities and need for reform of New York State’s Guardianship Law
“Only those with a calcified heart could have read the recent New York Times artcle, I’m Petitioning…for the Return of My Life, without becoming heartsick and concerned,” commented Risa Breckman, Executive Director of the NYC Elder Abuse Center, after having read the December 7, 2018 article. This New York times article motivated NYCEAC to publish this blog focusing on New York State’s guardianship law.
In some cases of elder abuse, the drastic intervention of requesting a guardian is sometimes deemed to be in the best interest of the victim. In New York state, an overhaul of Article 81 of the state’s Mental Hygiene Law was aimed at providing a more flexible, individualized approach for incapacitated individuals older than 18 years of age. It limited guardians to only those legal powers required to satisfy personal or financial care needs and mandated that courts consider alternatives to guardianship.
The February 2018 podcast Guardians of New York, hosted by New York State Watch’s David Lombardo, highlights ways in which New York’s current guardianship is now plagued by a lack of resources, shortage of guardians and court examiners, and outdated and inconsistent data methods. The podcast features an interview with Jean Callahan, head of the Brooklyn Neighborhood Office of the Legal Aid Society and former director of The Guardianship Project at the Vera Institute of Justice. It also includes comments, such as the one below, made at a New York Senate roundtable discussion in January 2018.
“By 2030 … there will be more 80-year-olds here than 5-year-olds,” New York State Supreme Court Judge Arthur Diamond stated during the January roundtable. “We are not prepared to care for and handle what’s coming soon.”After considering the challenges of the state’s system, Judge Diamond and other attendees brainstormed such ideas as pilot programs testing local guardianships and strengthening the court examiner system.
Callahan also expressed optimism. “We don’t have to reinvent the wheel, and I think that our statute is actually really a strong statute. We just need to stick to it a little better.”Below are highlights of the main issues mentioned in the podcast.
Broader and More Diverse Pool of Available Guardians for People with Low or No Assets
New York needs a broader and more diverse pool of available guardians, said John Holt, the Vera Institute’s Deputy Director of Legal Services.“It’s important that we make sure that good guardianship from the enforcement end doesn’t get reduced to merely making sure that the fiduciary duties of a guardian are kept,” said Holt in remarks during the January roundtable discussion. “The quality of life aspects are critically important to good guardianship, but also the most difficult to gauge, particularly in the format of an annual report or the other metrics we currently use in New York to measure whether or not a guardian is performing adequately.”New York State Supreme Court Judge Arthur Diamond agrees that it’s hard to get quality guardians especially for people with little to no assets. This shortage is one of the main reasons that brought the January 2018 round table discussion in the first place.
Improved Monitoring, Centralized Reporting and Data Collection
Improved monitoring is required to ensure that Article 81 of the state’s Mental Hygiene Law is being applied only to individuals who need it.Centralized reporting and data collection would streamline the process and make it easier for prospective guardians to serve, said Callahan.
Minnesota, for instance, has a searchable statewide database and online portal where individuals can search cases and guardians/conservators can upload their inventory and annual reports.
“I don’t think we can really, fully appreciate the scope of the problem until we have better data,” Callahan also said in the podcast interview.
Compensation for Lawyers, Court Examiners and an Increase in Funding Agencies
Lawyers are refusing to accept cases because of the time involved and lack of compensation from wards with no or low income and assets, said several discussion participants. A basic guardianship can take 50 to 100 hours, by one estimate, with a commitment that can last for years, and no sanctions exist for lawyers who refuse cases.New York also needs more support for court examiners who review the annual reports of guardians and a greater public awareness of guardianship and other options, speakers said.
There is often no money to pay for lawyers or court examiners, and the problem will reach crisis proportions unless action is taken, said New York State Supreme Court Judge Arthur Diamond, a member of the New York State Advisory Committee on Guardianship Matters.In addition, Jean Callahan believes that there are not enough service providers and funding agencies to connect people with these services.
It would “go a long way” to fund agencies currently doing quality work, said Jean Callahan.– By NYCEAC’s Elder Justice Dispatch Team: Risa Breckman, Cara Kenien and Nathalie Perez
Full Article & Source:
No Time to Lose: Ideas for Improving Guardianship In NYS
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