Michigan lawmakers re-introduce bills to offer more protections for seniors

Photo by: WYSM

House lawmakers are re-introducing a package of bills that stalled out last session. The bills would seek to offer more protections for elders and guard against abuse.

By: Erica Murphy

LANSING, Mich. — A package of bills aimed at putting stronger protections in place for the Michigan’s senior citizens has been introduced again after stalling out in the state Senate last year.

House Bills 4472 through 4479 are making their way through the state House again this session.

The eight-bill package seeks to improve protections for seniors and add some that aren’t currently part of state law.

The bills would re-work some penal codes to create a category called elder adults, people who are 80 years old or older. The proposed legislation would also impose stiffer criminal penalties for stealing from or assaulting an elder adult.

“We know that there’s been lots of scams and lots of folks who are using a health crisis to exploit folks, to particularly exploit senior citizens and other vulnerable populations," said state Rep. Sarah Anthony, one of the lawmakers sponsoring the bills. "So I think COVID is even more timely to finally address elder abuse in our state."

According to the Michigan House of Representatives, people aged 85 and older are the fastest growing segment of the population segment in Michigan. Current census projections forecast there will be 2.7 million Michigan residents age 60 and older by 2030. 

The American Bankers Association estimates that over $2.9 billion dollars has been stolen from seniors across the country in the last year alone.

Anthony says she fully expects these bills to become law.

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Michigan lawmakers re-introduce bills to offer more protections for seniors

Magnolia man receives probation for exploitation of his father

by Becky Bell

William Paul Hunter, charged with abuse of adults and two counts of exploitation, pled guilty to charges Thursday in the 13th Judicial District Court in Magnolia.

Deputy Prosecutor Ryan Rainwater said the state’s proof against Hunter is that on April 4, 2018 and on Oct. 26, 2018, Hunter took an unauthorized credit card from his father, who was a resident of what was then the Community Compassion Center (now Magnolia Health & Rehabilitation).

Hunter owes $7,278 in restitution and was given five years’ probation.

He also has to pay all court cost and fees associated with the crime.

Because the case involved abuse of an elderly person, the Arkansas Attorney General’s Office was also involved on John Hunter’s behalf.

He is paying $125 per week of restitution to the county now.

According to the affidavit filed Nov. 9, 2019, Community Compassion Center Administrator Patricia Bullard reported to the Office of Long-Term Care that William Hunter had made unauthorized withdrawals on the account of his father.

On March 15, 2019, Bullard was interviewed by authorities. She advised that the senior Hunter had been admitted to the facility on April 18, 2018 but said no payments had been made to the facility, the affidavit reads.

“Bullard started the process of applying for Medicaid on behalf of the resident; she discovered this theft when she obtained three months of the resident’s bank statements,” the affidavit reads. “The records indicated that William Hunter was added to the account on 03-02-2018. The records showed withdrawals and purchases to various merchants, including Walmart and Best Value Rental.”

The suspect’s father gave a statement on March 20, 2019 that his son was not authorized to make these charges.

Video was obtained from Walmart and Best Value Rental showing William Hunter using the debit card on his father’s account numerous times.

Additional records were obtained from Farmers Bank. The records indicate that $4,563.08 was charged on the debit card from April 19, 208 to October 26, 2018.

“On May 6, 2019, William Hunter was interviewed after being advised of his Miranda rights in writing,” the affidavit reads. “Williams admitted to making the unauthorized charges on this account, and agreed that he exploited his father.”

William Hunter’s attorney, Gary McDonald of El Dorado, said his client would rather pay the $7,285 in restitution than go to trial.

“There is a real question in my mind if he was really guilty,” McDonald said. “He was actually placed on the card by his father.”

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Magnolia man receives probation for exploitation of his father

I-Team: Elderly, vulnerable adults lived in rat-infested group home with closet-sized bedrooms, others slept in tents, police say

Unlicensed group home houses 7 people, some in tents, police say

 

by: David Charns

 

LAS VEGAS (KLAS) — A Las Vegas woman is facing charges after police found several elderly and vulnerable adults living in closet-sized bedrooms in a rat-infested home, court documents said.

Luz “Eleanor” Larock faces seven counts of abuse of an older or vulnerable person and seven counts of neglect or an older or vulnerable person.

Police said seven people were removed from the home that were in Larock’s care. Investigators said three of the adults were unable to care for themselves.

When police entered the home, they were “overwhelmed by the strong odor of what seemed to be mildew, spoiled food, animal waste, water damage and smoke,” the arrest report said. Police also reported seeing rats in the home and animal waste on floors and countertops, the report said.

One resident told police he moved to the home in 2018. He had recently started living in a tent in the backyard “because ‘rats the size of cats’ infested the home, so he refused to go inside,” the report said.

Another resident lived in a room with a “filth, feces-stained twin mattress with no bedding,” the report said.

Police said a man died in the home just days before a second inspection. He was found face down on the floor without a pulse, the police report said.

Larock was convicted on charges a decade ago “related to abusing and neglecting her residents” at a licensed group home. Investigators believe Larock used her former license to run an unlicensed group home out of her personal residence.

According to court records, in 2010, Larock pleaded guilty to a charge of neglect of a vulnerable person and was sentenced to a six-month suspended sentence. A judge ordered her to complete 120 hours of community service and pay a $1,000 fine.

As part of the 2021 investigation, the city issued Larock a code enforcement violation for several make-shift bedrooms that were in the two-bedroom townhome, according to the arrest report. The report describes the make-shift bedrooms as “the size of large closets.”

According to the arrest report, “[Larock] said she was aware some of the residents, including those who were removed, should not be living in her home due to their high care needs and needed to be in a licensed facility.”

Larock dismissed allegations she was mistreating her residents and claimed they were better off living in the closet-sized bedrooms than living on the streets where she said she found most of them.

A judge released Larock on bail. She is due in court in April.

Earlier this month, Metro police told the I-Team they had discovered 36 unlicensed group homes over the past two years.

Adult Protective Services (APS), a state program investigating claims of suspected abandonment, abuse, exploitation, isolation or neglect, classifies a vulnerable adult as someone who is in the care of another person between the ages of 18 and 59.

A person older than 60 is considered an older person when it comes to the state definition.

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I-Team: Elderly, vulnerable adults lived in rat-infested group home with closet-sized bedrooms, others slept in tents, police say

Kirsten Gillibrand: Prosecute owners of nursing homes who allowed abuse, neglect

U.S. Sen. Kirsten Gillibrand, D-N.Y., arrives at the Capitol in Washington on Feb. 10, 2021. Joshua Roberts | Pool via AP

By Mark Weiner

U.S. Sen. Kirsten Gillibrand wants the federal government to probe problems in the nursing home industry and start prosecuting owners of nursing homes who put profits ahead of patient care.

Gillibrand, D-N.Y., said she read a series of reports by syracuse.com revealing numerous cases of horrific abuse and neglect at the Pontiac Nursing Home in Oswego.

Federal and state regulators this week added the for-profit, 80-bed facility to a list of the nation’s worst nursing homes.

Gillibrand said it’s part of a nationwide problem that needs urgent oversight and a full government review of the industry.

“There needs to be prosecution of the owners of these nursing home facilities who did cut costs, who did cut corners,” the senator said Thursday at an editorial board meeting of syracuse.com | The Post-Standard.

“I think the fact that we give a pass to all white-collar crime in this country is a serious problem,” Gillibrand said. “And I’m very concerned about the private equity firms that have owned nursing homes and have cut costs that resulted in the death of people.”

Gillibrand, a member of the Senate Special Committee on Aging, said she will use her position on the panel to push for more oversight and accountability of nursing home operators.

In Oswego, Pontiac Nursing Home has been cited for failing to protect residents from sexual abuse, not sending gravely ill residents to the hospital for emergency care and letting water from a leaky roof drip into residents’ rooms for years.

Federal and state officials designated Pontiac as a “special focus facility” because of its “persistent record of poor care,” a state Health Department spokesman said Thursday.

Pontiac is owned by Cosimo Mastropierro of Long Island, who owns three other nursing homes in New York state.

Gillibrand said the coronavirus pandemic has helped expose the structural problems of for-profit nursing homes. She’s particularly concerned about nursing homes owned by private equity funds as investments.

“Those private equity firms, they want profits over anything,” Gillibrand said.

In January, Sen. Elizabeth Warren, D-Mass., slammed a privately-owned nursing home chain for paying a $5.2 million bonus to its CEO during the coronavirus pandemic. Genesis Healthcare had 2,812 patients die from Covid-19 across its 350 locations, Warren said.

At an Aging Committee hearing Thursday, Gillibrand also brought up the issue of the undercounting of nursing home deaths from Covid-19, an issue in New York and other states.

Gillibrand last month confirmed that federal authorities are investigating Gov. Andrew Cuomo’s handling of nursing homes during the coronavirus pandemic.

New York Attorney General Letitia James issued a report Jan. 28 that found the state was undercounting Covid deaths in nursing homes by about 50% during the pandemic. The attorney general’s findings were similar to those of a syracuse.com investigation published independently on the same date.

Cuomo’s top aide later admitted the state intentionally kept the data from the public over fears former President Donald Trump would use the information to launch politically motivated investigations.

The governor faced criticism for his order in March 2020 that required nursing homes to accept Covid-positive patients discharged from hospitals.

Cuomo rescinded the order in May. He has said repeatedly that his earlier order was based on federal guidance.

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Kirsten Gillibrand: Prosecute owners of nursing homes who allowed abuse, neglect

Police arrest caregiver accused of stealing from disabled Newark woman

Terralyn Jackson-Whitehead

By Josh Shannon

Police have arrested a Philadelphia woman accused of stealing from a disabled Newark resident for whom she was working as a caregiver.

Terralyn Jackson-Whitehead, 27, turned herself in Wednesday to face charges of felony theft from a disabled adult and unlawful use of a payment card, according to Lt. Andrew Rubin, a spokesman for the Newark Police Department. After being arraigned, she was released on her own recognizance.

The investigation began in November 2019, when a different caregiver for the victim called police to report suspicious activity on the victim’s credit card.

The woman, who lives in the 400 block of Stamford Drive in Fairfield, told police there were multiple charges on her card that she did not authorize.

“Newark Police developed evidence that her caregiver at the time, Terralyn Jackson-Whitehead, used the victim’s credit card to make various purchases for the benefit of herself and not the victim,” Rubin said.

Police obtained a warrant for Jackson-Whitehead’s arrest a year ago, but officers were unable to locate her. In July, they issued a public plea for information about her whereabouts.

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Police arrest caregiver accused of stealing from disabled Newark woman

Bill streamlines guardianship law for disabled kids who turn 18

By Rudy Koski

AUSTIN, Texas - Caleb Thompson turned 18 while he was in a hospital room. What his birthday picture doesn't show is how becoming an adult also changed things for his parents, D'anne and David Thompson.

"In a 2-day process from a time he leaves the hospital, we are no longer presumed to, we are not legally capable to make his decisions, and we are presumed not to be fit to make his decisions," said David Thompson.

At that moment the Thompsons lost the ability to do what they had been doing for nearly two decades. They could only get it back by going to court. "We were assumed unfit as parents until this court decided all of a sudden we were fit," said D'anne Thompson.

Caleb was born with a neurological condition that causes seizures. It also limited his physical and mental development.

"I had a harder time accepting it than D'anne did, I wanted to think it was he that needed fixing when in fact it was I who needed fixing," said David.

Over the past 20 years, the Thompsons have had setbacks and small victories. One big moment happened when Caleb was able to walk for the first time in 2 years.

"This was 2007, he was the only patient at Texas Children's Hospital, in their memory with that syndrome, that had ever regained the ability to walk under his own power," said David.

Caleb is now about to turn 21 and the Thompsons are able to continue to care for him after obtaining guardianship. But getting that status was a difficult and expensive judicial process.

"So we started this process when he was 17, and it took almost a year, it took $5,300, it took a lot of time I don’t know how many hours me meeting with people, going to court, just so we could keep doing what we were doing, that just seems crazy to me," said D’anne.

The fight has now moved to the state capitol to cut the red tape. "And it was an outrage to me, as a mother. Mad mama, that’s what I told Steve Allison," said D’anne.

Allison is the San Antonio lawmaker who is helping the Thompsons take on the system. "You know what, every once and a while we can find something where we can apply some common sense and really do some good for a family and protect a relationship and this is it," said Rep. Allison (R-San Antonio).

HB 1675 streamlines the process for parents who want to retain guardianship after their children become adults. A key part is an exemption from a full-court hearing. The bypass is only for parents with no complaints of abuse, neglect, or criminal history.

"It requires a letter from a treating physician or a psychologist, certified by HHS so there's plenty of protection built-in," said Allison.

HB 1675 is pending in the House Judiciary and Civil Jurisprudence Committee.  

"We know how the legislative process works, people may have suggestions to make it better, but we think for a bill that is introduced we think it makes a lot of sense, and I think hopefully we can convince people that it makes sense," said David Thompson.

HB 1675 is slated for a committee vote next week that will determine if it will move on to the House floor for debate.

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Bill streamlines guardianship law for disabled kids who turn 18

The 89-year-old dancing in the streets of New York City after vaccination

Robert Holzman is an 89-year-old New Yorker who loves dancing. He received his Covid vaccine as soon as he was able, so he could get back out and dancing.

 

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The 89-year-old dancing in the streets of New York City after vaccination

Former caretaker convicted of abuse arrested following deadly stabbing in Scranton

by: Cody Butler

SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU-TV) — A woman on house arrest for her role in an abuse scandal at a local care home has been arrested in what appears to be a domestic incident that left one man dead.

Police were called to Delaware Street Wednesday night for a reported stabbing. The victim, 31-year-old George Shencavitz, was admitted to the hospital for multiple stab wounds. He later died from the wounds at GCMC.

Lackawanna County Coroner Timothy Rowland says an autopsy confirmed the cause of death was multiple penetrating wounds and the manner of death is homicide.

Eileen Dougherty was named as the suspect and taken into custody on charges of aggravated assault. Those charges will be upgraded to first degree murder.

According to court paperwork, Shencavitz threatened to call house arrest on Dougherty to report violations which would land her back in prison.

Police say during questioning, Dougherty told them she went downstairs and grabbed a butcher’s knife and stabbed Shencavitz twice in the abdomen. Shencavitz reportedly ran to the bathroom to call 911 and while on the phone, Dougherty stabbed him again.

“I was upstairs, my daughter was downstairs, so was my wife,” Robert Shaffern, who lives next to the home where the incident occurred said. “We heard a man screaming. I could not make out what he was saying but my daughter downstairs said that he was talking about being stabbed.”

Shaffern’s wife is a nurse and ran two doors down in an attempt to help.

“By the time she was out of the house the screaming had stopped,” Shaffern said. “The guy had disappeared.”

Police found Shencavitz a block and a half away on Penn Avenue. Police remained on the scene through Thursday to gather evidence.

“I saw tons of cops which is unusual, I’ve never seen that before. So, I was looking out my window, thought nothing of it, heard nothing, so just minded my business,” Matthew Leathers said.

Dougherty was found guilty of abusing care-dependent residents of The Arc of Northeastern Pennsylvania in early 2020. She was sentenced to between eight to 23 months behind bars, with eight years probation after time served back in November. However, she was recently resentenced to 8 to 23 months on restricted probation with the first 6 months on house arrest.

“They’re quiet, never seen anything happening over there. So yeah, it is surprising,” Leathers said.

Dougherty was arraigned on her aggravated assault and aggravated assault with a deadly weapons charges Thursday morning. First degree murder will be added when she is arraigned on that charge Friday morning.

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Former caretaker convicted of abuse arrested following deadly stabbing in Scranton

Britney Spears’ attorney plans to file petition requesting to make singer’s temporary conservator permanent

Jodi Montgomery took over after singer's father Jamie stepped down from his role in 2019

By Julius Young

Britney Spears' father, right, has been her legal conservator for years. (Getty Images)

Britney Spears' lawyer plans to file a petition to make the singer's current "care manager" and temporary conservator, Jodi Montgomery, a permanent one, the singer's court-appointed attorney, Samuel D. Ingham III, said during a brief court hearing Wednesday. 

Spears' father Jamie stepped down from his role as the star's personal conservator in 2019 due to health issues and a professional conservator ‒ Montgomery ‒ temporarily replaced him.

The petition, which will be addressed during an April 27 hearing, will request to have Montgomery appointed to the permanent conservator of Spears' person.

It remained unclear if the role would also fulfill the needs of her estate. Currently, both Jamie and Bessemer Trust oversee Spears' estate while Montgomery currently acts as Spears' "care manager."

Meanwhile, Wednesday's accounting hearing was set to see the pop superstar’s co-conservators of her estate ‒ Jamie and new party Bessemer Trust ‒ detail Spears’ finances to the court. 

However, the hearing was postponed to an April date as the parties work to determine an accurate list of assets and holdings, and where finances were spent. 

David Glass, a certified family law attorney and Ph.D. in Clinical Psychology ‒ who is not involved in the matter ‒ told Fox News that "continuances are pretty standard in accounting hearings" as "both sides are still trying to get the assets and counts worked out." 

Glass also weighed in on Wednesday’s developments surrounding the petition, which he said, could be the first real step to dissolving the collective conservatorship altogether.

"One thing interesting was that Samuel Ingham, the court-appointed counsel for Britney, announced he will be filing a petition to have Jodi Montgomery appointed as the conservator of the person," Glass told Fox News minutes after the hearing concluded. "Right now, the conservators of the estate and the financial matters are Jamie and this Bessemer Trust. And so now he's asking for this Jodi Montgomery to become the permanent conservator of the person."

Glass called the potential move a "big step up" for Montgomery, who had stepped into the primary role of conservator in 2019 on a temporary basis.

"That's the person who is just making personal decisions for medical treatment and whether she needs bodyguards. Does she need to see a therapist? All sorts of everything except money issues for a concerned person," Glass explained. 

A lot of the hubbub around this has been, 'How come [Britney] hasn't asked to have the conservator removed?' This might be the first step towards that, at least moving to a personal conservator who she thinks will be more friendly to her, more favorable to her."

Furthermore, according to Glass, the move to essentially promote Montgomery appears to be the most sensible action considering the fact she's currently Spears’ care manager, a position that is one step below the conservator.

"The care person collects information on the conservative’s health and their medical records and what their doctors say and then summarizes that information and gives it to the conservatory. So in that sense, it's a step up for Ms. Montgomery."

Jamie will have an opportunity to object to the petition to appoint Montgomery as the primary conservator as well, Glass maintained.

"Jamie will be required to file any opposition he might have as to why he thinks he should not be removed as the conservator of the person [Britney] and then the court can decide what it needs to do if it needs more information," Glass said.

"At that point, the court can set an evidentiary trial where people testify or if the court feels it has enough information, it can actually rule at that point," he continued. "It's rare that a probate court will rule just based on the papers. They almost always go to some sort of evidentiary objection, evidentiary hearing."

The continuance of the case Wednesday was requested by Vivian Thoreen, the acting attorney for Jamie. Although she did not provide a reason for the request, both parties agreed to recess until April 27.

Jamie has been the target of the #FreeBritney movement since renewed attention was placed on the singer following the release of the documentary "Framing Britney Spears." Currently, the conservatorship gives Jamie control of the star’s estate. However, Spears recently began taking legal steps to reclaim agency over her life.

Reps and attorneys for Spears did not immediately respond to Fox News' request for comment.

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Britney Spears’ attorney plans to file petition requesting to make singer’s temporary conservator permanent