Wednesday, November 17, 2021

Nursing homes will have to boost staffing or shrink capacity thanks to new law

Nursing homes have a staffing problem and they are scrambling for answers. When 2021 concludes, state law will mandate that nursing homes provide 3.5 hours of direct care to each resident.

What does that mean? More staff or fewer residents.

“Studies over the last 50 years show that staffing levels lead to better care and poor staffing levels lead to poor care,” Mary Wypych, a volunteer with Elder Justice recently told 13WHAM-TV. She advocated for the state law that will now require nursing home residents to receive 3.5 hours of direct care.

Nursing home administrators say coming out of the pandemic, the new state law presents facilities with a major challenge.

“I think it would have been hard under normal circumstances. When you throw in the vaccine mandate, it will be nearly impossible,” VP for Long Term Care at Thompson Health Amy Daly said. “What other Nursing Homes already doing is closing down wings, not admitting, so you’re essentially closing down beds, you’re not decertifying beds but you’re not admitting to your full compliment beds so you can reploy the staff and care for the residents you do have.”

The new state law takes effect January 1, 2022. Some nursing homes say they have already experienced significant loss of residents due to visitation rules during the pandemic.

Full Article & Source:

Tuesday, November 16, 2021

Britney is finally free, but what about disabled people who aren’t famous?

by Melissa Parker
 
Supporters of the #FreeBritney movement celebrate following a court decision ending her conservatorship outside the Stanley Mosk courthouse in Los Angeles, California on 12 November (AFP via Getty Images)

Since 2008, Britney Spears has been under a conservatorship, a legal arrangement through which a third party is given the power to make decisions for those “who cannot care for himself or herself or manage his or her own finances”. On 12 November, that conservatorship finally ended.

Britney Spears recently stated that her father, Jamie Spears, who instigated the emergency conservatorship which lasted for 13 years, relished the arrangement. She said: “He loved the control to hurt his own daughter, 100,000 per cent. He loved it.”

Ever since it began, the nature of the conservatorship has been scrutinised. The #FreeBritney movement has developed and grown. I was, initially, amongst the people who did not believe Britney Spears could be treated in this way or that she could have her rights diminished. It seemed impossible that this could happen to someone with so much power. She’s Britney, after all – less a person, more an ideal.

But this mindset is part of the problem, because we don’t see the person. We just know the brand, and this is something I was reminded of when Britney stated that: “My precious body, who has worked for my dad for the past f***ing 13 years, trying to be so good and pretty... so perfect... when he works me so hard”.

It’s now clear that although Britney is a privileged member of the disabled community, that privilege didn’t protect her from ableism or sexism. Of course, she is a white woman who is conventionally attractive and has vast wealth. Still, she is not alone in the fact that she has had some of the most fundamental rights and privileges diminished or entirely removed.

In court, she outlined some of the cruel restrictions she’s been subjected to, explaining how she was forced to wear an IUD to prevent her from having a child, and her conservators won’t let her remove it. “I want to be able to get married and have a baby,” she said. “I was told with the conservatorship; I was not able to get married and have a baby.” Britney took the stand and talked about how she felt she wasn’t “heard on any level”.

It is a feeling that myself and many other disabled people are familiar with. We know that because of our disabilities, we are deemed to have less value. Our capabilities are called into question, we have medical and financial decisions made for us without consideration, and we are routinely infantilised.

The moment Britney was placed under that conservatorship, she was considered disabled by the law, allowing her to be dehumanised and commodified. Even when the conservatorship was in place, she was expected to work to an unrelenting schedule.

I hope, now Britney has been freed, that she can live the life she wants. It’s about her choice, as it always should have been. I also hope that it makes people think about those who don’t have her privilege, fame and influence. Those who don’t have an army of people ready to dissect messages and look for hidden clues, people who are prepared to fight until #FreeBritney becomes #FreedBritney.

This should teach us all a lesson about how certain celebrities, usually young women, are treated. There’s plenty of sympathy towards Britney now, but we can’t forget the events that led her to struggling so publicly.

Britney Spears is a powerful reminder of what can happen when a person’s control over their life is removed. We must keep fighting as a community to have our rights respected, and I hope we remember that as soon as Britney was viewed as disabled, she was stripped of her autonomy. If it can happen to Britney, it can happen to anyone. “She’s lying. She’s got everything. She’s Britney Spears.” No, she isn’t, and no, she hasn’t.

Full Article & Source:

Prosecutor pleads guilty and resigns as jury deliberates


COLUMBUS, Ga. (AP) — A Georgia district attorney pleaded guilty to several charges against him and agreed to resign from office.

Mark Jones’ plea came as jurors were deliberating Monday after hearing evidence in the state’s case against him last week. Jones took office in January, overseeing the Chattahoochee Judicial Circuit serving several counties in west Georgia.

An indictment obtained by the state attorney general’s office in September accused Jones of trying to influence a police officer’s testimony, offering bribes to prosecutors in his office and trying to influence and influence the testimony of a crime victim.

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Citing Britney Spears Case, Florida Delegation on Capitol Hill Continues to Focus on Guardianship Issues

By KEVIN DERBY

Members of the Florida delegation on Capitol Hill continues to focus on guardianship issues including pointing to the case of pop star Britney Spears.

Last week, U.S. Rep. Charlie Crist, D-Fla., launched his “Guardians Aren’t Above Prosecution (GAAP) Act,” insisting that it “fills a gap in the guardianship prosecutorial system by clarifying that those who are designated as a guardian or conservator are still subject to criminal consequences for abusive or fraudulent behavior.”

The congressman’s office insisted that there are not enough legal protections for Americans with guardians.

“This legislation shines a light on the lack of judicial action commonly taken against bad actors who abuse and defraud vulnerable persons within a guardianship or conservatorship, and spurs prosecution against those bad actors,” Crist’s office noted.

“It’s shameful that some of our most vulnerable Americans in conservatorships or guardianships have so few safeguards to protect them from malicious fraudsters,” said Crist. “It’s simply unacceptable – and why I’ve now introduced my second guardianship reform bill in just the last few months. The Guardians Aren’t Above Prosecution Act fills a critical gap in guardianship reform by making sure the law unequivocally recognizes that conservators or guardians who commit fraud or abuse are just as punishable under the law as any other person. It’s past time we hold these fraudsters fully accountable for their crimes.”

Crist’s bill has the support of attorneys working with Spears in the #FreeBritney effort. 

Crist has been working with U.S. Rep. Darren Soto, D-Fla., on the “Guardianship Accountability Act.”

Soto introduced the bill last month with Crist and  U.S. Reps. Gus Bilirakis, R-Fla., and Brian Fitzpatrick, R-Penn., as co-sponsors.

The bill “supports the approximately 1.3 million adults, mostly seniors and people with disabilities, who are currently under the care of guardians by enacting protections from the risks of abuse or neglect” and “implements further oversight and enacts data collection measures to hold guardians accountable in response to reports indicating an increasing number of fraud cases and financial exploitation from guardians towards vulnerable populations.”

“Congress must act to protect our most vulnerable community members and ensure that they receive the support they deserve,” said Soto when he introduced the bill. “Our Central Florida community has experienced firsthand how inadequate protections against bad actors can lead to tragedy. In 2019, abuse by a former guardian led to the horrible, preventable death of one of our seniors. We must pass this bipartisan legislation to strengthen safeguards against abuse and address the failings of our nation’s guardianship system.”

“It is said that the strength of a society can be judged based upon how it treats its most vulnerable populations. We’ve seen from recent examples in the news, and alarming rates of elder abuse throughout Pasco and Pinellas Counties, that guardianship is an area where we can and must do better to protect seniors,” said Bilirakis. “Our bill will provide additional resources, strengthen protections, and improve intergovernmental coordination to achieve this paramount objective.”

“Toxic guardianships, like that of entrapped Britney Spears, are sadly prevalent across Florida and the country. Lack of data and accountability is one of the biggest hindrances in our fight to protect those in the guardianship system. As the son to two senior parents, I can’t fathom either of them being caught in these horrific circumstances,” said Crist. “That’s why I’m proud to co-introduce this legislation with Rep. Soto that directs the Elder Justice Coordinating Council to collect and publish data on guardianships and conservatorships. It also directs the Department of Health and Human Services to provide grants to states for guardianship oversight programs and establishes a federal guardianship resource center — all towards the goal of eliminating guardianship fraud abuse.”

The bill “would help ensure individuals under the care of guardians are not at risk of abuse or neglect by expanding the availability of federal demonstration grants to be used for developing state guardianship databases to assist with the collection of information on guardians, training of court visitors, and sharing of background check and other information with appropriate entities.” Soto’s proposal would also create a National Resource Center on Guardianship to compile information for guardians and those under guardianship, including creating databases and training materials.

The bill was sent to the U.S. House Judiciary Committee. Over in the U.S. Senate, U.S. Sens. Bob Casey, D-Penn., and Susan Collins, R-Maine, are championing the legislation.

Another member of the Florida delegation has also been trying to shine a light the matter.

U.S. Rep. Matt Gaetz, R-Fla., has been pushing for a key congressional committee “to review and examine the plight of Americans trapped unjustly in conservatorships” and he is citing the Spears case to bolster his position.

Back in March, Gaetz and U.S. Rep. Jim Jordan, R-Ohio, who leads Republicans on the U.S. House Judiciary Committee, wrote U.S. Rep. Jerry Nadler, D-NY, the chairman of the committee, asking for a hearing on the matter.

They cited a recent documentary the New York Times did on Spears who was under a conservatorship run by her father. On Friday, a judge ended that conservatorship after more than a dozen years.

Full Article & Source:

Monday, November 15, 2021

FLORIDA LAW ON PUNITIVE DAMAGES BEING CONTESTED AGAIN


 Debbie Dahmer of Florida never gives up. Her father, professional wrestler George “Chief White Owl” died from poor care and neglect in a Florida nursing home back in 2012.

After years of litigation, the Dahmer family won a civil lawsuit that included punitive damages. However, they discovered that there was a law in Florida that allowed the State of Florida to get 50% of any punitive damage award in a civil lawsuit.

This means that the department that is to oversee nursing homes in Florida gets a reward for not protecting Mr. Dahmer while he was abused in a Florida nursing home.

This did not seem ethically right, and possibly unconstitutional, to Debbie so she began her quest to have the law repealed. Debbie reached out to FATE to assist her in her mission, which we gladly did and have worked with her each year since then to have this law repealed. That was six years ago and the bill was voted down each year. Debbie did not give up and neither did FATE or Representative Amber Mariano, who has authored the bill each year. During this process, FATE learned that there are other states that have the same law on the books. The Florida Department that receives the funds is not in favor of having this law repealed. We will continue with this mission to get the law ousted in Florida and then attempt to have the other states repeal the same type of legislation.

Full Article & Source:

Attorney General Bonta Announces Sentencing of Two Caretakers for Elder Abuse and Operating Unlicensed Residential Care Facility


News Provided By
November 12, 2021, 23:35 GMT
 
OAKLAND – California Attorney General Rob Bonta today announced the sentencing of Ayette Loo and Marina Jacome for their roles in the neglect and death of an 83-year-old veteran at Regency Care, an unlicensed elder care facility in Seal Beach, California. Loo, the owner of Regency Care, was sentenced today by the Orange County Superior Court to four years in state prison and was remanded into custody. Loo had pled guilty to felony elder abuse prior to today’s hearing. Jacome, one of two individuals employed as caregivers by Loo, was sentenced in October to two years in state prison on one count of felony elder abuse. However, her sentence was suspended on the condition that she completes two years felony probation, 100 hours of community service, and no longer works as a caregiver. The third defendant, and second individual employed as a caregiver by Loo, Bonafacio Ruiz, did not appear in court and a bench warrant has been issued for her arrest. Ruiz, who currently remains at large, previously pled guilty to being an accessory after the fact and was scheduled to be sentenced on October 15, 2021.

“Not only did the defendants lie to their residents and their families about the legitimacy of their residential care facility – they also failed as caretakers to protect the health and well-being of their patients,” said Attorney General Bonta. “Today, we are holding Ayette Loo and Marina Jacome accountable for their gross neglect and disregard for human life. My office is committed to protecting our elders and veterans from abuse and neglect, and ensuring that families can trust that their loved ones are in good hands.”

Regency Care was a licensed Residential Care Facility for the Elderly until May 2017, when the California Department of Social Services’ Community Care Licensing Division revoked Loo’s license for misconduct. Nonetheless, Loo continued to represent Regency Care as a licensed facility and accepted new residents, including an elderly veteran who was discharged from the Veterans Administration Hospital in Long Beach to Regency Care. The investigation revealed that after moving to Loo’s facility, the victim developed a severe pressure ulcer, suffered bruises and lacerations all over his body, and developed acute bronchopneumonia. After the defendants failed to seek medical care for the victim, he ultimately passed away from his condition in January 2018. All three of the defendants were criminally charged for willfully neglecting the victim’s deteriorating health.

The criminal investigation into Loo was conducted by the Attorney General’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) in collaboration with the California Department of Social Services’ Community Care Licensing Division. DMFEA investigates and prosecutes those responsible for abuse, neglect, and fraud committed against elderly and dependent adults across the state. DMFEA also works to protect Californians by investigating and prosecuting those who perpetrate fraud on the Medi-Cal program. DMFEA regularly works with whistleblowers, the California Department of Health Care Services, and local law enforcement agencies in its investigations and prosecutions.

A copy of the complaint is available here. 

DMFEA receives 75% of its funding from the U.S. Department of Health and Human Services under a grant award totaling $41,264,032 for federal fiscal year 2020-2021. The remaining 25%, totaling $13,754,675 for fiscal year 2020-2021, is funded by the State of California. The federal fiscal year is defined as October 1, 2020 through September 30, 2021.

Full Article & Source:

Now-former caretaker from Macon charged with stealing from elderly client

by John Garlock

Nancy Cheyenne Morrison, 24, of Macon, was charged this week with felony stealing. The charge stems from a case that came to light a year ago. (Macon County Sheriff's Office)

MACON, Mo. — UPDATE: Nancy Cheyenne Morrison, 24, of Macon, Mo., is now in custody at the Macon County jail. Her bond is set at $5,000 cash only.

Macon County Sheriff Kevin Shoemaker told KTVO a citizen tip led his deputies to Morrison. She was arrested without incident Wednesday morning at a residence in Bevier, Mo.

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An elderly northeast Missouri man's now-former caretaker is accused of taking money from him.

Nancy Cheyenne Morrison, 24, of Macon, Mo., was charged this week with felony stealing in a case that was brought to light a year ago.

According to court documents, the crime happened while Morrison was employed by Bristol Manor Residential Care Facility in Macon.

A woman who answered the phone Tuesday at Bristol Manor told KTVO that Morrison no longer works there.

The investigating police officer said in her report that Morrison stole the victim's credit card and used it to make 37 purchases for herself. Those purchases totaled more than $2,900.

The items included food, lingerie and other things. Police said the purchases were made between May 1, 2020 and Nov. 17, 2020.

During the investigation, Morrison somehow learned police were about to close in on her. Police say she called the Macon Police Department on Nov. 30, 2020, to say she was sorry for stealing the money and "knew she had made a mistake."

Authorities say Morrison told them she wanted to turn herself in and requested to be picked up at her residence.

When officers arrived, another resident told them Morrison had fled the scene just before they got there.

An arrest warrant was issued this week. At last check, Morrison was not in custody, according to the Macon County Sheriff’s Office.

Full Article & Source:

Sunday, November 14, 2021

How the Free Britney movement changed life for her, and the conservatorship system.

Since Britney Spears' conservatorship came into the spotlight, change happened in a stubborn system that many believe is broken.

 
Credit: AP
FILE - In this March 17, 2021 file photo Britney Spears fans hold signs outside a court hearing concerning the pop singer's conservatorship at the Stanley Mosk Courthouse, in Los Angeles. Spears' fight to end the conservatorship that controlled vast aspects of her life is putting the spotlight on ongoing efforts in U.S. states to reform laws that advocates say too often harm the very people they were meant to protect. (AP Photo/Chris Pizzello, File)

by Andie Judson

LOS ANGELES — After 13 years, Britney Spears is free of her conservatorship. 

On Friday, Los Angeles Superior Court Judge Brenda Penny ended the court-ordered arrangement.

"The conservatorship of the person and estate of Britney Jean Spears is no longer required," Los Angeles Superior Court Judge Brenda Penny said, according to the New York Times.

Spears' long-term battle for her freedom is credit to what ABC10 found in our ongoing investigation, The Price of Care, that conservatorships are incredibly difficult to terminate for all, even a superstar. There's many reasons behind that, including expensive legal fees and the way the legal system and probate courts are set up, allowing a conservatorship to remain in place likely for the remainder of a conserved person's life. 

The outcome of Spears' hearing is a victory for both her, as well as change within the system. But little, if any, change has occurred prior to Spears. So, why did it take the princess of pop to transform what many believe is a broken system?

Many credit the podcast, Britneysgram turned Toxic: The Britney Spears Story for shining a light on Spears' conservatorship and how she was being controlled. The podcast was created by two comedians who analyzed her Instagram account.

"While at first it was kind of a joke, over-analyzing it, it actually became very serious when we realized the mechanics of the conservatorship and what was going on," cohost Babs Gray said.

Gray and her cohost Tess Barker took a more serious interest after Spears cancelled her Las Vegas residency, would disappear from the public eye for a prolonged amount of time and saw a co-conservator receive a large raise while attending one of Spears' conservatorship hearings.

"We got a voicemail from a paralegal who worked with one of the lawyers that worked on her conservatorship case and he said, 'You guys are onto something'," Gray said. "That kind of blew everything up."

Their initiative led to a powerful and unexpected whirlwind that the Free Britney movement is credited for: a crusade of fans advocating for justice on behalf of Spears.

"It's incredible. I was just looking at some photos of some of the first Free Britney rallies... and it's just a handful of people," Gray said. "It has grown into [this] worldwide movement."

Credit: Tess Barker

Through it all, a spotlight has been put on conservatorships, educating many for the first time on what exactly they are and how powerful they can be.

"This is where a situation where people saw an injustice, refused to be quiet about it, even in the face of being called conspiracy theorists, and just were very insistent about keeping this issue at the forefront of the public conscious," Barker said. "As a result of that, in the last two years, we've seen actual legislative change happen because of the Free Britney movement."

California State Assemblymember Evan Low drafted AB 1194, a bill signed by Governor Newsom that will become law on January 1, 2022, which aims at reforming multiple areas of conservatorships including the right for conserved people to choose their own legal counsel, probate code, regulations around probate courts as well as the Professional Fiduciary Bureau.

"I must confess, this issue was put back onto our radar when the Free Britney documentary was released," Assemblymember Low said as he introduced the bill to the California Assembly Business and Professions Committee, a committee tasked with overseeing the Professional Fiduciary Bureau.

But conservatorships aren't new. 

In fact, in California alone, fiduciaries — the third-party appointed by courts to serve as conservator when family members aren't chosen — are responsible for handling over $13 billion of other people's money.

So, why have conservatorships been in the dark until Spears?

"The sad truth is that a lot of people that are affected by conservatorship abuse are people that are sort of invisible in our society: disabled people, older people," Barker said.

"Obviously, Britney has millions of fans across the world, so I don't know if she ever necessarily wanted to become a poster child for something in this situation," Gray said. "While I wish it hadn't taken her being in this situation, I think there's a silver lining to it."

Spears herself has thanked the Free Britney movement saying in-part in an Instagram post, "Because of you guys and your constant resilience in freeing me from my conservatorship... my life is now in that direction."

She and her fiancé also posted an Instagram video of the couple sporting t-shirts with #FreeBritney the evening before her Nov. 12, hearing. For every hearing, hundreds of fans and Free Britney advocates have gathered outside of the Los Angeles probate court.

"It is peculiar, isn't it, that people are marching in the streets who've never met this person and never will," Professor Frank McAndrew said.

McAndrew is a professor of psychology at Knox University who has extensively studied the psychology behind our love of celebrities. He said our interest in other people's lives evolved ions ago and helped with survival.

"To be successful in those early human groups, you had to know everything about everybody. You had to know who you could trust. You have to know who was going to cheat you if you got into a relationship with them. You had to know who had powerful friends," McAndrew said. "And so, people who were interested in that stuff did better than people who just didn't care. And those genes came down through centuries to us. So, we're the descendants of busy bodies."

But with the development of mass media, we now know more about celebrities than our next door neighbors.

"We develop what's called para-social relationships with these people. It's one-sided," McAndrew said. "I know all about them and I care about them, they don't know about me or care about me. But it doesn't change the fact that I like some of them more than I like others."

Specifically in the last 20 years, the development of social media has changed how fans connect.

"So, you can form a community of people who can talk about this celebrity to each other, very quickly," McAndrew said. 

Specifically for Britney Spears and the Free Britney movement, McAndrew narrowed it to three main things that make her case especially fascinating to the public. The first was intrigue.

"The Britney Spears case has all the sorted ingredients that make it really interesting. You have a father essentially exploiting the daughter," McAndrew said. "It sucks us in because we all had fathers or mothers and we all have this sense of security we can count on them and this turns that all upside down. So, it's hard to not pay attention to because we need to understand it. It's hard to wrap your head around it."

McAndrew's second cause of fascination was a sense of belonging.

"Suddenly, there's this group of people that care about what you do. And that creates an instant bond," McAndrew said. "You join these people, you communicate with these people and they reinforce your view of the world."

And the third reason for many, was this was the first time they've learned about conservatorships and how they can be victimizing.

"Because this is new to them and kind of shocking that a grown, successful woman can have so little freedom to make decisions in her own life that this moral outrage drives them," McAndrew said.

During ABC10's two-year investigation into conservatorships, Investigative Reporter Andie Judson spoke with dozens of families and experts involved in these legal fights and asked some of them about the Britney Spears case.

"It's bittersweet. I mean it's sweet in a sense like for the first time, you're seeing a much more high-profile case and the word or the language and the visibility around conservatorships are out there so people are now educating themselves. So, I think that's great," James Bùi said. "At the same time it's very bitter because, I'll be frank, I'm sure the Spears family has a lot of resources and gets the time of day. We've had to fight through years of this. Other families even longer."

"If I saw Britney, I'd want to give her a hug, because if that is the way that this had to come about... that someone as young, as successful, with all her financial means and her recognition around the world," Sharon Holmes said. "It could happen to anybody."

"I think she's really shown how complicated the system is and how challenging it is to get out of these," said Barbara Imle.

"My hope is people start to get this is a big problem," said Joseph Parisio. "This Britney Spears they see, there's hundreds and hundreds of people that aren't famous, that nobody knows about. Because they're not famous, everybody says, 'No big deal.'"

But members of the Free Britney movement say it's bigger than just Britney Spears and that their work is far from over, with Spears being just the start of their reform efforts. 

Full Article & Source:

The Passing of NASGA Advocate Berna Jones

 


With heavy hearts, NASGA mourns the passing of advocate Berna Jones. Berna battled the guardianship of her Mother and was successful in getting her Mother home and under her care. We all know “wins” are very rare in guardianship abuse cases and Berna won.

It was a long and hard-fought battle, but Berna was made up of determination and endurance - and a strong and sturdy soul that kept her always looking forward. She comforted and inspired many family members of guardianship abuse victims and she always looked for ways she could help. She is gone too soon and sorely missed.

Godspeed, Berna.

Berna's obituary