Ohio Probate Judge Confronted with Contempt in Elder Guardian Case

A Cuyahoga Court of Common Pleas Civil Judge gave a Lorain County Probate Judge who failed to honor a subpoena duces tecum from last year an absolute deadline Thursday.

The Honorable Judge Sherrie Miday issued an order on March 5, 2020 stating that the Honorable Lorain County Probate Court Clerk and Judge, James Walther, could face contempt of court sanctions if requested documents are not delivered within seven days. The Honorable James Walther, who acts as both Judge and Clerk of the Lorain County Probate Court, is expected to comply with the subpoena as soon as March 12, 2020. Until then, a ruling in favor of contempt or not is temporarily suspended.

“Failure to comply with this order may result in a finding of contempt and/or sanctions pursuant to Ohio Civ. R 45,” wrote Judge Miday in her order.

The ultimatum arrived on the heels of a March 2, 2020 hearing on a Motion to Show Cause as to why the Lorain County Probate Clerk, the Honorable Judge James Walther, should not be held in contempt for failure to comply with a subpoena that demanded the release of records concerning the health and finances of Mrs. Fourough Saghafi, 85, who was guardianized by the Honorable Judge Walther in 2013.

The Honorable Judge Walther did not immediately respond to requests for comment but just last month, the Honorable Judge Miday denied a request by the Honorable Judge Walther to quash the subpoena.

“Lorain County Probate Court Judge James T. Walther’s Motion to Quash Subpoena Duces Tecum served upon Paula Strickler, the Lorain County Probate Court Investigator, is hereby denied,” wrote Judge Miday in her February 25, 2020 order.

The subpoena in question is part of an overarching lawsuit alleging racketeering in the court-appointed guardianship of Mrs. Saghafi filed last year by Dr. Saghafi under the Ohio Organized Crime Control Act of 1970 (RICO).

Without stating how access to Mrs. Saghafi’s requested records would be detrimental to Mrs. Saghafi, Judge Walther’s attorney Cara Finnegan argued that releasing the requested documentation would not benefit Mrs. Saghafi.

“As such, it is incumbent upon Judge Walther, as the superior guardian of the ward, not to release these confidential records to protect his ward,” Finnegan stated.

Although the Honorable Lorain County Probate Judge Walther is not named as a defendant in Dr. Saghafi’s litigation, the retired general surgeon alleges that spending within his wife’s guardianship has been frivolous and unnecessary and that prior court judgments were obtained from the Honorable Judge Walther improperly and without jurisdiction.

Defendants named in Dr. Saghafi’s lawsuit include a construction company, 7 lawyers, a CPA, probate court officer Zachary Simonoff, Philip Presutto and his wife Jaleh Presutto, who is Mrs. Saghafi’s former guardian.

“Jaleh Presutto was removed as guardian for criminal activity three times and was reappointed by Judge Walther despite pleading guilty to multiple charges of forgery and theft for defrauding the Amherst school system,” Dr. Saghafi’s attorney Charles Longo previously told the Southeast Texas Record.

A professional forensic accounting expert alleges that Defendant Jaleh Presutto received in excess of $375,000 in guardian fees and for home care, Defendant Simonoff, who acts as Mrs. Saghafi’s guardian of the estate, received $194,896.78 in guardian fees while Defendant Philip Presutto received some $256,716.16.

The Saghafi litigation is one among many lawsuits filed nationwide citing various causes of action, such as financial exploitation, sexual abuse, starvation, isolation, cruelty, fraud and neglect of the elderly and people with disabilities who are under court-appointed guardianship. Ideally, the purpose of a guardianship is to help the elderly and infirm manage their lives however in recent years heirs have increasingly alleged foul play.

In Pennsylvania, for example, Mary Bush sued the Honorable Chester County Court of Common Pleas Judge Katherine B.L. Platt on October 15, 2019 over her guardianized elderly mother Genevieve Bush. The daughter is only allowed to see the mother, who resides in a care center, once a month, is required to pay $50 for the visit and a Sheriff must be present, according to a court order signed by the Honorable Judge Platt.

“Defendant Judge Katherine B.L. Platt cannot provide any legitimate reason or grounds for the restraint and detention of Genevieve Bush and Mary Bush,” wrote the Plaintiff Daughter in a pleading.

In her petition for Writ of Habeas Corpus, filed in the Eastern District of Pennsylvania, the daughter alleges she has been targeted and harassed for some ten years by the Honorable Judge Platt after her aging mother was conscripted to be a ward of the State under guardianship.

A Writ of Habeas Corpus is typically reserved for prisoners incarcerated in a penitentiary but Ms. Bush said the goal of her petition for a Writ of Habeas Corpus is not just for the release of her mother but to ensure due process under the US Constitution.

“Defendant [Judge Platt] has been maliciously inciting public hatred towards petitioner that has resulted in physical attacks, injury, further identity thefts, financial destitution and continued irreparable harm,” stated Ms. Bush. “Petitioner can prove that she and her mother have been intentionally targeted by defendant, Judge Katherine B.L. Platt, for cash and property.”

In response to a request for comment, Stacy Witalec, spokesperson for Pennsylvania courts and judges, said no information can be provided.

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Ohio Probate Judge Confronted with Contempt in Elder Guardian Case

Disabled Veteran Gets Ultimatum – Get Rid Of His PTSD Support Dog or Get Evicted

By Monica P

Many war veterans experience difficulties getting used to the life they had in their home country. Sadly, some of them suffer from Post Traumatic Stress Disorder (PTSD) and need the help of service dogs to cope with the state of desperation they find themselves trapped in.

Willie Williams is a 73-year-old veteran who served in the Vietnam war. Currently, he resides at the Freedom’s Path on the Chillicothe VA Medical Center campus in Ohio. But as it turns out this place isn’t really pet friendly.

Just recently, Willie got an anonymous letter that turned his world upside down. Using some harsh words, he was threatened to leave the place.

“Willie, it’s time for you and your dog to go. You will no longer be tolerated. Move out.”

But it didn’t stop there. Shortly after, the campus authorities sent him an official letter asking from him to choose between his service dog Diamond, or his apartment.

Apparently, someone saw Diamond walking inside the campus without her leash, which Willie says was just a one-time occurrence.

Struggling with depression, loneliness, and isolation, Diamond is his only friend and companion and he can’t imagine his life without her.

Without seeing a way out from the unenviable situation, Willie turned to the media for help. But the campus’ lawyer was straightforward regarding this veteran’s case. Unless he gets rid of Diamond, he can no longer stay in the campus.

As he isn’t planning on abandoning his loving dog, Willie faces homelessness in the weeks to come.

“This is not a spot and place I want to be in right now in my life. Like I said, at my age, I don’t know how much time I got. All I want to do is live and let live”, he said in a heartbreaking statement.

Please take a minute of your time to share Willie’s plea for help. Let’s spread the word and demand fair treatment for both him and Diamond.

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Disabled Veteran Gets Ultimatum – Get Rid Of His PTSD Support Dog or Get Evicted

Five KCK firefighters isolated after taking man who died from coronavirus to hospital

by: Shannon O'Brien

KANSAS CITY, Kan. -- KCK firefighters fear their department hasn't prepared them properly for the coronavirus outbreak after five firefighters were put in isolation.

The firefighters found out two days after a call to Life Care Center in KCK that the cardiac patient they took to Providence Medical Center tested positive for COVID-19 after he died.

The news has left the local firefighters union concerned about crews' health and safety.

On Friday, Alvey declared a state of emergency in Kansas City, Kansas and Wyandotte County in response to coronavirus.

"What this will enable us to do is easily procure the necessary material and finance or resources to help the spread of the contagion," the mayor said.

KCK firefighters hope some of the resources made available will be used to provide equipment and training to better with the virus.

"I'm not so sure that we have access and have been provided all the resources we need this time for the individual apparatus," said J.J. Simma, president of IAFF Local 64.

Other than the same guidelines about personal care put out to the public, Simma said it wasn't until Friday afternoon -- after those five firefighters were ordered to isolate -- that crews received a memo from top brass at KCKFD with specific guidelines on how to approach their job.

Last week, KCMO Fire Chief Donna Maize put a full-protection approach in place, including extra gear to protect firefighters and a disinfectant fogger to clean ambulances.

"But I think I would in our membership would feel much more comfortable if we were taking steps in that manner even if they were above and beyond," Simma said, "because what where I believe doing as of right now it's available to us is. Possibly some masks if we have them, possibly some gowns, which are not in camps related they don't come for all of your skin body and basic safety glasses and gloves like we always wear."

Alvey said he believes the KCK fire department is equipped right now to handle the COVID-19 outbreak.

"It is like any other any other public health crisis," he said. "You could come into a house with somebody who has tuberculosis. You can come into a house with someone who has hepatitis. The same kinds of measures are brought into there."

Alvey encouraged firefighters who feel like they are not protected to protected to report it.

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Five KCK firefighters isolated after taking man who died from coronavirus to hospital

Owner of KCK facility tied to Kansas’ first coronavirus death also runs Washington home

WICHITA, Kan. — The nursing home resident who become Kansas’ first coronavirus-related death was infected at the Life Care Center of Kansas City, which is owned by the same company that runs the facility in Washington state linked to 22 fatalities, state health officials said Friday.

Dr. Lee Norman, the Kansas Department of Health secretary, said officials will be focusing on whether there has been any personnel sharing between the nursing homes in Kirkland, Washington, and the one in Kansas. Life Care has skilled nursing facilities across the country.

Health officials haven’t found “any particular source of infection for this person. He was bed-bound so the infection came to him,” Norman said.

No other residents of the Wyandotte County nursing home have been reported to be showing symptoms, although the investigation is still in its early stages, he said.

Life Care Center of Kansas City referred all calls to another phone number whose voicemail box was full.

For most people, the coronavirus causes only mild or moderate symptoms, such as a fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.

The vast majority of people recover from the new virus. According to the World Health Organization, people with mild illness recover in about two weeks, while those with more severe illness may take three to six weeks to recover.

President Donald Trump on Friday declared a national emergency as part of federal efforts to curb the pandemic. Gov. Laura Kelly has already declared a state of emergency in Kansas to make it easier to mobilize resources.

The number of coronavirus cases in Kansas grew to six on Friday. A 72-year-old Butler County man developed symptoms days after returning from a Caribbean cruise, and health officials said the man is in isolation in a Wichita hospital.

Four other COVID-19 cases have been reported in Johnson County. All of them become infected while traveling out of state.

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Owner of KCK facility tied to Kansas’ first coronavirus death also runs Washington home

This nursing home is at the center of Washington's coronavirus. Here's what one first responder saw there

By Jake Tapper

(CNN)When first responders reported last week to a hard-hit nursing home in Washington state, the epicenter of the nation's coronavirus outbreak, they found an understaffed facility with inadequate gear attempting to serve dozens of patients vulnerable to catching the virus.

Just three staff members reported to Life Care Center in Kirkland, Washington, between Tuesday night and Wednesday morning to serve about 90 residents, a first responder familiar with the situation told CNN. Still, neither the King County Health Department nor the Centers for Disease Control and Prevention sent personnel Thursday to provide assistance -- though they have since. 

 

First responders were concerned that staff members were not wearing appropriate personal protective equipment to handle the high number of patients with probable coronavirus. They also arrived to the facility to find employees using positive pressure bag valve masks to ventilate potential coronavirus patients -- even though firefighters have been told not to use such masks, as they can disperse more particulate into the air, the responder said.

 

The children and other relatives of patients in the facility have been attempting to sound the alarm about conditions in the facility for weeks. 

 

A spokeswoman for the city of Kirkland told CNN that "our firefighters are taking direction from King County Emergency Medical Services regarding the personal protective equipment. At this time we have been told to continue providing respiratory support including positive pressure bag valve masks."

 

CNN has reached out to the county medical services officials, Public Health Seattle-King County, the Washington state Department of Health and the CDC for reaction.

 

Life Care spokesman Timothy Killian told CNN Monday that the first responder "did not see the full extent of what was happening within the facility in the middle of the night." 

 

"A large number of our employees would have been in rooms treating and taking care of patients and they wouldn't have been immediately visible to anybody who walks in," Killian said.

 

A spokesperson for the Life Care Center said during a news conference Saturday that the CDC has now provided it with extra nurses, practitioners and doctors. 

 

State governments are working to contain the spread of the novel coronavirus in the US, as federal officials say more testing for the illness will likely see the number of known cases increase. As of Saturday night, there were at least 19 deaths in the United States -- at least 14 of them tied to the Life Care Center in Kirkland alone, according to a Seattle and King County Public Health news release.

 

Two new coronavirus deaths out of 16 total recorded in the state are linked to the facility, according to the release. A man in his 70s, who was a resident at the care home, died on March 2, while a woman in her 80s, who was also a Life Care resident, died on March 5, officials said.

 

While staff are caring for patients to the best of their ability, "we cannot make any promise that exposure, further exposure, within the facility is not happening," said Tim Killian, a spokesman for Life Care Center of Kirkland.

 

Some Life Care Center residents have gone from no symptoms to acute symptoms within an hour, Killian said.

 

"We've had patients die relatively quickly under those circumstances," he said. 

 

Killian told reporters during a Saturday briefing that 70 employees are showing coronavirus symptoms. Those employees have been asked not to return to work.

 

As of February 19, the facility employed 180 staff members and housed 120 residents. Fifty-four residents have since been transferred to various hospitals, Killian said, and all residents at the facility are confined to their rooms.

 

On Thursday, the facility received 45 coronavirus tests, the results of which are still pending, he said.

 

Life Care Center of Kirkland said in a statement later Saturday that they had received additional testing kits from the Washington State Department of Health and are now able to test all remaining residents in their facility. The tests are currently being administered, according to the facility's statement.

 

While the Trump administration -- through a response effort led by Vice President Mike Pence and a White House task force -- has sought to assure the American public, officials have still not explained why the federal government has been so slow to distribute testing kits in bulk and has dragged its feet on removing restrictions for who can conduct diagnosis. 

 

Health officials briefing the media at the White House Saturday afternoon could not say exactly how many people had been tested related to using the 5,861 tests conducted by the CDC and public health labs across the country. Various factors impact the number of people who can be tested, including the fact that most people receive at least two tests -- swabs for the nose and the throat.

 

FDA Commissioner Dr. Stephen Hahn said Saturday that 1,583 patients have been tested by the CDC but that the government doesn't know how many patients received tests from the 2,361 specimens collected by state and local labs.

 

Each day the number of tests is rising, and the numbers are soon expected to dramatically jump, he said. 

 

Federal officials say 2.1 million tests will be shipped out by Monday, with a further goal of 4 million tests to be shipped by the end of next week.

 

CNN's Steve Almasy, Melissa Alonso, Dakin Andone, Greg Clary, Cat Gloria, Kay Jones, Christina Maxouris and Hollie Silverman contributed to this story.

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This nursing home is at the center of Washington's coronavirus. Here's what one first responder saw there

Judge: Hawaiian ‘princess’ needs help managing $215M estate

HONOLULU (AP) — A 93-year-old Native Hawaiian heiress needs someone to handle her estate despite taking testimony from the so-called princess on Monday that she didn’t need a conservator because she’s still alive, a judge ruled Friday. 

“Ms. Kawananakoa is a charming and gracious lady, in the best sense of the word. She has a great sense of humor and is tremendously endearing,” said state Judge James Ashford. “Nevertheless, the Court finds ... that for reasons other than age Ms. Kawananakoa is unable to manage her property and business affairs effectively because of an impairment.”

Abigail Kawananakoa’s $215 million trust has been tied up in a court case since she had a stroke in 2017. 

Kawananakoa says she’s fine. After the stroke, she married her partner of 20 years, Veronica Gail Worth, who later took the heiress’ last name. Board members of her foundation and ex-employees say the wife is manipulating Kawananakoa. Lawyers for the couple dispute that.

Kawananakoa inherited her wealth as the great-granddaughter of James Campbell, an Irish businessman who made his fortune as a sugar plantation owner and one of Hawaii’s largest landowners.

Native Hawaiians consider her a princess because she’s a descendant of the family that ruled the islands before the overthrow of the Hawaiian kingdom in 1893. They have been closely watching the case because they are concerned about the fate of a foundation she set up to benefit Hawaiian causes.

When Megan Kau, an attorney representing Kawananakoa’s former housekeeper, asked if Kawananakoa understood who her trustee is, she said, “Well, I’m not dead yet, so what do you mean trustee? Who needs to handle my estate if I’m still alive?”

On the witness stand, Kawananakoa said she disputed that she suffered a stroke.

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Judge: Hawaiian ‘princess’ needs help managing $215M estate

Florida lawmakers pass Guardianship bill, send it to governor’s desk for signing

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Tallahassee, FL – Florida lawmakers unanimously passed a bill Wednesday designed to protect people under the care of Florida’s guardianship program sending the legislation to Gov. Ron DeSantis to become law.

The vote comes after a former Central Florida guardian was caught placing do not resuscitate orders on clients without their permission.

This week, Florida lawmakers went through the final readings of the State Senate version of the Guardianship bill before the final vote. The bill passed unanimously in the Florida Senate last week and went to House vote Wednesday.

A news conference is scheduled for Thursday morning at the state capitol with the bill co-authors, Rep. Colleen Burton, of Lakeland and Sen. Kathleen Passidomo, of Naples, along with Richard Prudom, the secretary of Elder Affairs.

The bill will now go to DeSantis’ office to be signed into law.

Last summer, DeSantis ordered a statewide probe into the guardianship program after state investigators launched a criminal investigation into former Orlando-based guardian Rebecca Fierle and the hundreds of guardianship cases she had across the state.

The measure entered as HB 709 and SB 994, would clamp down on what guardians would be allowed to do -- and create more supervision on cases involving vulnerable and elderly patients entrusted with their care. The bills come right on the heels of a court date being set for Fierle.

Fierle is a former guardian who was arrested in February on two felony counts of abuse and aggravated neglect. Fierle is scheduled for a court hearing on arraignment in Hillsborough County to face two felony counts on March 23.

Fierle was under a state criminal investigation for months over how she handled the case of Stephen Stryker, a Brevard County man who died at a Tampa hospital while under her care. State investigators allege she ordered his feeding tube to be capped and a DNR order to remain in place against the recommendations of doctors, and against Stryker's wishes. She is also being investigated for how she handled her clients' finances.

As a result of this case, Passidomo and Burton recommended stricter guidelines and more court supervision over what state guardians can and can’t do. Fierle’s former attorneys contend she acted within the current guidelines set forth by Florida law and did nothing wrong when she placed DNR orders on hundreds of clients without their permission, and without notifying the court.

The attorneys representing her in her criminal case have not responded to multiple requests for comment.

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Florida lawmakers pass Guardianship bill, send it to governor’s desk for signing

‘It was unbelievable, the filth’: State investigators find several violations at Platte City nursing home

PLATTE CITY, Mo. -- A Northland nursing home is under the microscope after multiple people reported health and safety violations at the facility.

Laura Spooner is grieving the loss of her aunt, Dee Feldman.

“She was a really special lady to us,” Spooner said.

But she said she is very worried about how her aunt spent her final moments in Hillview Nursing & Rehab in Platte City. She said the quality of care started to slip late last summer.

“It was 100 degrees out, and she was in somebody else's clothes. It was full-on sweat pants, and she was just totally red, soaked hair, just sweating,” Spooner said.

She said the family tried to give Hillview the benefit of the doubt. However, Spooner said things didn't get better.

Dee had dementia and needed help bathing and eating. Yet, in January, she was allegedly left in the shower alone. She fell, and a medical chart shows her entire body was bruised.

A few weeks later, Laura's daughter got a call that Dee wasn't doing well.

“She was bedridden," Spooner said. "Just two weeks prior, my daughter was in there, and she was sitting up in her wheelchair, and she was fine."

The family insisted Dee go to the hospital. The doctors there said her condition was dire.

“They found out she was severely dehydrated. She had to have five bags of fluid,” Spooner said.

Spooner flew in from Wyoming. After her aunt Dee was released from the hospital and sent back to Hillview, Spooner and her daughter stayed there around the clock.

“The conditions that we saw were just unbelievable,” she said.

She snapped photos of filthy and busted floors, dirty bathrooms, and she even caught an employee sleeping on the job, twice. She said it was on nights when he was the only CNA on duty for 66 patients.

“We couldn't find people to help as my aunt was choking on her own secretion. We were running down those hallways. It was unbelievable, the filth in that establishment,” Spooner said.

They also got Dee's patient logs, which show her aunt hadn't been bathed in 23 days. There's no record of her having dinner in weeks. The time stamps on meals are also off, including meals listed on days Dee was hospitalized.

“Every life matters. Every resident at Hillview Nursing Home matters," Spooner said. "I want family members to know they're not being taken care of. They're sitting in soiled pull-ups. Soiled pull-ups. And that should not be."

After a current resident, past employee, and Laura Spooner called the state’s nursing home neglect hotline, state inspectors visited. They issuing several citations for health and safety violations.

FOX4 spoke with the administrator of Hillview Nursing Home. She said:

“Patient safety is top priority. We are taking the concerns very seriously, with the issues brought from the state. We’ve thoroughly investigated and are promptly addressing those issues. We comply with state and federal patient privacy and employment laws and cannot discuss anything further about this matter.”

Hillview has 10 days to make a plan for improvements and report back to the state.

Documents show Hillview is tied to a company called Health Systems Incorporated. HSI has faced numerous wrongful death and personal injury lawsuits in Missouri at various facilities and was also part of a $30 million Medicare fraud case in 2014.

However, the party listed from Health Services Incorporated on state records told FOX4, “Health Systems, Inc does not have any ownership interest in Hillview Nursing & Rehab.”

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‘It was unbelievable, the filth’: State investigators find several violations at Platte City nursing home

DIRTY MONEY : Guardians, Inc.

ZigSaw Productions has been working many months on a documentary episode about guardianship abuse which began airing a couple of days ago on Netflix on a documentary show called, "Dirty Money."

Guardianship abuse can be a very complex subject and also hard for people who aren't familiar with it to understand. ZigSaw Productions did a masterful job of condensing a lot of easy to understand information into a one hour show. We are so grateful to them for all of the awareness already being raised (thanks to them) across our nation of the abuse, neglect and exploitation our Seniors and persons with disability can suffer at the hands of their court-appointed "protectors."

If you are a subscriber to Netflix, you can click the link below to watch "Dirty Money: Guardians, Inc."

If you aren't a subscriber, you can go directly to www.Netflix.com to subscribe (and pay the subscription fee) and then click the link below to see the episode.

Watch DIRTY MONEY: GUARDIANS, INC.