Proposal aims to help people navigate complex guardianship systems

By Margaret Stevens

State money could help Minnesotans with cognitive, psychiatric or intellectual disabilities who are facing guardianship or conservatorship make sometimes difficult decisions and find a balance between safety and self-determination. 

“Guardianship is complex system that isn’t right for every person, but often it is the default,” said Rep. Kelly Moller (DFL-Shoreview). “That is why I’m happy to carry this bill and support the work of Volunteers of America in helping people navigate the system and utilize supported decision-making where appropriate.”

HF2840 would provide $600,000 in each year of the current biennium to the Volunteers for America Center for Excellence in Supported Decision Making.

It was laid over Tuesday by the House Human Services Finance and Policy Committee for possible omnibus bill inclusion. The companion, SF2990, sponsored by Sen. Karin Housley (R-Stillwater), awaits action by the Senate Human Services Reform Finance and Policy Committee.

Among the people served by the center is a woman with dementia, who stayed in her home longer with help getting her furnace fixed. She later received support going into assisted care.

Changes to the guardianship in a 2020 law enhanced the bill of rights for people facing guardianship, added requirements for guardians to notify families of decisions, defined supported decision-making and added requirements for options short of guardianship, said Anita Raymond, program director for the Centers in Supported Decision Making.

“In Minnesota, the spectrum of decision-making options is wide, but also potentially confusing and stressful,” Raymond said.

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Proposal aims to help people navigate complex guardianship systems

Disbarred attorney who stole millions from LA and OC clients sentenced to 12 years

Philip Layfield was found guilty of 22 counts, including wire fraud, mail fraud, tax evasion, failure to collect and pay over payroll taxes and failure to file a tax return.

 

By City News Service

A disbarred personal injury lawyer who operated in Irvine, Los Angeles and El Segundo was sentenced to 12 years behind bars on Thursday, Feb. 17, for stealing the majority of a multimillion-dollar settlement that should have been paid to a car accident victim, as well as cheating on his taxes.

Philip Layfield was found guilty of 22 counts, including wire fraud, mail fraud, tax evasion, failure to collect and pay over payroll taxes and failure to file a tax return, according to the U.S. Attorney’s Office.

Following the August 2021 jury verdicts in Los Angeles federal court, the 48-year-old Layfield was remanded into federal custody.

After he had misappropriated millions of dollars from clients’ settlements, Layfield relocated to Costa Rica. Just before getting on a flight headed there, Layfield borrowed $700,000 from a business lender by providing misleading information and failing to disclose material information.

He then used substantial portions of the loan proceeds for personal expenses, including buying and shipping horses to Costa Rica, evidence showed.

In 2016, Layfield entered into an agreement to represent an individual who was struck by an automobile in Orange County and suffered significant injuries. After negotiating a $3.9 million settlement related to the accident, Layfield misappropriated most of the money owed to the victim — about $2 million — for personal and business uses, including to pay clients whose settlement proceeds Layfield had earlier misappropriated.

The car accident victim received only $25,000 of the settlement proceeds. Layfield also failed to file a federal income tax return for the tax year 2016, despite receiving more than $3 million, including embezzled client settlement money. He also caused his law firm to not pay about $120,976 in payroll taxes to the United States government for the second quarter of 2017.

The State Bar of California disbarred Layfield in October 2018. He also was a certified public accountant, but his CPA license expired in July 2019.

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Disbarred attorney who stole millions from LA and OC clients sentenced to 12 years

Dick Van Dyke, 96, proves to be as sprightly as ever as he sings and dances with his wife Arlene Silver, 50, in a Valentine's music video

By Cassie Carpenter

The legendary Dick Van Dyke proved he can still act, sing, and dance in a new music video starring and directed by his wife Arlene Silver.

At 96, the national treasure is 46 years older than the former make-up artist, but Dick proved he could keep up with his wife in the video, which was filmed for Valentine's Day. 

The pair - who will celebrate their 10th wedding anniversary on February 29 - performed a cheery cover of Everybody Loves a Lover, a Richard Adler and Robert Allen song made popular by Doris Day in 1958.

He's still got it! The legendary Dick Van Dyke proved he could still act, sing, and dance in a new music video starring and directed by his second wife - Arlene Silver (R) - in honor of Valentine's Day

Dick sang a verse from his chair before getting up to show his moves at Fallen Fruit's colorful SUPERSHOW art installation in Los Angeles.

Everybody Loves a Lover also featured Tony Guerrero on jazz trumpet. (Click to continue reading)

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Dick Van Dyke, 96, proves to be as sprightly as ever as he sings and dances with his wife Arlene Silver, 50, in a Valentine's music video

Calls for improved nursing home oversight: 'It wouldn't happen with a child'

by Ginny Ryan

Rochester, N.Y. — Janet Deisenroth lived three years after her 90th birthday party. The months that followed would be the most heart-wrenching for her family.

“She was totally in disarray,” recalls Deisenroth’s daughter, Jeannie Wells. “Her hair, they had no hairdressers. We found out they had not been giving showers. They didn’t have a safe way to do that.”

Wells' mom, Janet, was sent to a local nursing home for rehabilitation after breaking her hip in March 2020. Two days after she arrived, COVID-19 locked it down.

Her family couldn’t see her in person for seven months and Janet would never go home.

“For us, it was more painful than for her. To see her in dirty clothes without socks - they were constantly losing everything we brought,” said Jeannie.

When COVID-19 rules were relaxed and Jean said they finally got into her mom’s room, she says was shocked by what she saw and took photos: a dirty bathroom in disrepair, broken outlets, stained furniture and what appeared to be an infection on her mom’s foot.

Jeannie began a long and frustrating search for help. She says she contacted the nursing home's social workers and filed several complaints with the New York State Health Department but, she says, all to no avail. Jeannie says she found it almost impossible to report a situation.

Her complaints to the NYSDOH are among thousands. In 2021, more than 13,000 nursing home complaints were filed. More than 11,000 complaints pertained to local facilities.

But some senior advocates some of it could be avoided with more funding to the New York’s ombudsman program. According to AARP, less than half of all nursing homes in New York have an ombudsman dedicated to spotting and solving care issues.

“It’s a critical piece of long-term care,” said David McNally, NY director of government affairs and advocacy for AARP.

“Sometimes the problem or condition is not just about one patient, so they are there to be the eyes and ears of what they see and hear in the facility,” said McNally.

Senior care advocates across the state are calling on Gov. Kathy Hochul to put $20 million into the federally mandated ombudsman program in the upcoming state budget. McNally says the money would be enough to place one ombudsman in each nursing home once a week.

Jeannie took her case and her concerns directly to Hochul and the state health commissioner. She asked that nursing homes post visible signs with the NYSDOH hotline number to report complaints. The governor responded, saying her team would look into Wells’ concerns.

The loss of Jeannie’s mother is compounded by what she believes was neglectful care and her frustrating fight to get someone to help. Jeannie said she contacted 37 different people in her search for accountability in her mother’s care.

“I truly don’t understand why this doesn’t tear at people’s well-being. It wouldn’t happen with a child. You have to look at these people as being vulnerable and defenseless," said Jeannie.

There is no indication yet that the governor will include the $20 million requested by senior care advocates in the upcoming state budget.

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Calls for improved nursing home oversight: 'It wouldn't happen with a child'

Alabama’s guardianship laws could undergo first major revisions since the 1980s

(Andrea Piacquadio/Pexels, YHN)

AARP is making it clear they are in support of the passage of the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act (UGCOPAA) in Alabama.

Candi Williams, AARP Alabama state director states, “Unfortunately, Alabama’s current guardianship laws are outdated, relying on a one size fits all, cookie-cutter approach that often robs seniors and people with disabilities of their rights, independence, and dignity.”

There have been many stories and experiences brought to light about seniors being taken advantage of, restricted unfairly and even abused under the care of their current guardianship. It is becoming far too common and updates must be made to protect aging loved ones.

Williams also writes, “Recent news headlines about guardianship arrangements gone wrong have brought more public attention to this mostly hidden topic.”

The UGCOPAA would address the needed reforms, including:

• Prohibiting a court from issuing a full guardianship order when a less restrictive alternative is available and appropriate for the individual, such as a supported decision-making arrangement or technological assistance;
• Requiring that each person under guardianship have an individualized plan that considers the person’s preferences and values;
• Clarifying the legal duties of the guardian, including that the guardian must make the best decision for the individual under their care that they reasonably believe the person would make on their own unless doing so would cause harm;
• Clarifying that the guardian must promote self-determination to the extent possible and encourage the individual’s participation in decisions;
• Combatting abuse and exploitation by, among other things, forbidding a guardian to restrict communication or visits from family and friends unless the court orders otherwise.

While guardianship is still important in certain cases, the passage of the UGCOPAA would allow families, caregivers and seniors their rights to live independently at home – where they want to be.

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Alabama’s guardianship laws could undergo first major revisions since the 1980s

South Florida pastor accused of exploiting elderly man for his money

By Raphael Pires

NORTHWEST MIAMI-DADE, FLA. (WSVN) - A South Florida pastor known for his generosity is being accused of an unholy act.

Prosecutors said he cheated an elderly man out of hundreds of thousands of dollars.

“This is an elderly exploitation and fraud case,” said a prosecutor during Eric Readon’s court appearance.

A Miami Gardens pastor and businessman was arrested and charged with multiple felonies.

“The primary victim was an elderly senior,” said the prosecutor in court.

Eric Readon appeared before a judge Tuesday. Facing charges of exploiting the elderly, scheme to defraud, theft from the elderly and more.

“It was the man’s entire life saving and his entire home,” said the prosecutor in court.

“My heart goes out to this family,” said Readon.

You may recognize Readon. He’s been known to help victims of tragedies and their families throughout the years.

“We will do whatever we have to do to bring justice to the situation,” said Readon.

This was him back in 2017 and several other times, raising money and donations in times of need, but behind the scenes, he was allegedly taking money from unsuspecting victims.

“And in this case, clearly he was taking advantage of the vulnerabilities of his victims,” said Miami-Dade State Attorney Katherine Fernandez Rundle.

According to the Miami-Dade County State Attorney, 75-year-old Edward Fuller, an army veteran, was building his retirement home on this property in Northwest Miami-Dade.

It was supposed to be his dream home, but he said after meeting Pastor Readon, it turned into a house of nightmares.

“He just needed a little helping hand, and instead he got everything stolen from him,” said Rundle.

In 2015, Fuller ran out of cash to complete his home, and that’s when 7News was told Readon stepped in to offer help, eventually tricking the victim into signing over the property for a better chance of getting a loan but claiming he would transfer it back once things were done, but that allegedly never happened.

“He talks him in to signing what he thinks is just is just some ownership. It was the whole thing thanks to that quitclaim deed,” said Rundle.

“There’s a second set of victims, a newlywed couple that he was sham renting the same property to,” said the prosecutor in court.

That couple allegedly out about $3,100. The elderly victim out about $267,000.

A judge ordered Readon to stay away from all of them.

“No contact with these alleged victims, either directly, indirectly, in person, in writing, by telephone or through third parties,” said Judge Mindy S. Glazer.

Readon’s bond was set at $42,500, but first he has to prove to the judge where that money comes from.

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South Florida pastor accused of exploiting elderly man for his money

What's happening with Wendy Williams? From talk show no-show to 'incapacitated person'

by Suzy Byrne

What's going on with Wendy Williams?

That's the million dollar question as TV's long-running gossip queen — whose hot takes on celebrity drama entertained audiences (aka her "co-hosts") and irked celebrities — has been on extended sick leave from her eponymous show. Her purple throne, from which she reigned for 12 seasons, collecting dust as a rotation of celebrities stepped in, and now Sherri Shepherd reportedly sticking around as "permanent guest host."

For viewers of the Wendy Williams Show, the iconic Black host who asks "How you doin'?" and doesn't hold back on her hot takes has seemingly been in crisis for several years now. On the show, one of biggest hits in daytime TV history, Williams has had emergency health issues, exhibited slurred speech and appeared disoriented. She's taken (multiple) extended breaks from the program, citing Graves' disease, only to reveal she was living in a sober home after an addiction relapse. That was followed by a headline-making divorce after her husband of 22 years, and a now-former executive producer on the show, had a child with another woman. 

But even all that pales in comparison to today as 57-year-old Williams — M.I.A. from the spotlight she revels in, save for a few trips out in bathrobes — publicly denies she's struggling with her mental health after her wealth manager at Wells Fargo froze her finances, claiming she is "incapacitated," "of unsound mind" and in need of a guardianship.

Here's how we got here, which we'll update with new developments:

February: It's announced Williams will not return to her show this season. Popular fill-in Shepherd is working out a deal to be the permanent guest host.

Williams's legal battle with Wells Fargo is revealed. The star, who earns approximately $15 million a year, says the bank is denying her access to her accounts. Docs show that her former financial advisor, Lori Schiller, is the one who who froze her access, claiming Williams is "of unsound mind" and needs a guardianship. 

Wells Fargo’s attorney David H. Pikus says several million dollars of Williams's are frozen because the bank "has strong reason to believe that [Williams] is the victim of undue influence and financial exploitation." Williams is described as an "incapacitated person" in a legal letter. It's not specified who is allegedly exploiting Williams.

Williams files an affidavit in New York Supreme Court for a temporary restraining order against Wells Fargo, calling Schiller a "disgruntled" former employee. She says the situation "is causing imminent and irreparable financial harm to myself, my family and my business." Court documents state she "denies that she is the victim of undue influence and financial exploitation."

Williams's attorney issues a statement saying Williams "wants the world to know that she strenuously denies all allegations about her mental health and well-being. During this hiatus from the show, Wendy has employed holistic health professionals to help her reach optimal health during her treatment of Graves’ disease and thyroid concerns."

The Shade Room posted photos of Williams on Super Bowl Sunday, which she reportedly watched with with her family (though no one else was in the photos).

On Feb. 15, Williams's attorney LaShawn Thomas tells The Sun, in a report confirmed by Yahoo Entertainment, that her client is "looking really good."

"Wendy is getting [her] hair done, she has a personal trainer that she's working with and she's doing well," Thomas says. "It's been good for her to have a change of scenery in Florida, and it's good for her son to be by her side. That always lights up any parent's life."

While Thomas represents Williams in her Wells Fargo case, she also represents the talk show host's ex-husband, Kevin Hunter, in other matters. However, she explains that she didn't represent either of them in their divorce, so there's no conflict of interest.

Thomas says she first represented Williams two years before the divorce, and that Hunter had not been involved in the arrangement.

"I am extremely honored to say that Wendy and Kevin both have enough confidence in my abilities that each party has separately elected to continue to utilize my services," Thomas says.

December: Williams is photographed leaving a Miami wellness center in a robe. She says she's doing "better every day."

Her brother says the family had no concerns about Williams's "mental state. It’s all physical."

Williams is spotted, fully dressed, in NYC. She also is seen spending time with son Kevin Hunter Jr.

November: Williams says she's "making progress" in health battle "but it's just one of those things that's taking longer than we expected. I'm a woman of a certain age, and I know enough to listen to my doctors and will return to my purple chair as soon as we all agree I'm ready."

Shepherd is a clear fave as guest host, drawing the highest ratings of the season.

October: Williams postpones her postponed premiere date, from Oct. 4 to Oct. 18, again citing "ongoing medical issues." Her rep says COVID is no longer an issue, but she's "still not ready to return to work." 

Ahead of the twice postponed premiere, it's announced that guest hosts, including Leah Remini, would start the season as Williams needed more time to recover. "Wendy continues to be under medical supervision and meets with her medical team on a daily basis," a rep says. "She is making progress but is experiencing serious complications as a direct result of Graves' disease and her thyroid condition."

The show premieres.

September: After summer hiatus, Williams is set to promote Season 13 of her hit show, but abruptly cancels, citing "ongoing health issues" that needed "further evaluations." It's promised the radio-turned-TV-host would be ready for her premiere on Sept. 20. 

Days ahead of the premiere, it's announced it's postponed to Oct. 4 because Williams has "breakthrough" COVID. That is curious, as Williams said on air that she wouldn't be getting vaccinated. A source close to Yahoo confirms she was in fact vaccinated.

Her brother Tommy denies a report that she was admitted to a New York hospital for a psychiatric evaluation. He also suggests she wasn't vaccinated. "We're praying," he said, adding, "She's fighting." 

Williams is photographed twice by paparazzi out in a robe and hospital socks, once in a wheelchair and the other while also vaping.

Full Article & Source:

What's happening with Wendy Williams? From talk show no-show to 'incapacitated person'

 

See Also: 

Wendy Williams denies she's of "unsound mind" as Wells Fargo freezes her account over mental health

 

Wendy Williams’ Bank Insists She Needs Guardianship Amid Health Issues: ‘We Are Concerned’

 

SHOCK CLAIMS Wendy Williams’ bank calls her an ‘incapacitated person’ who is possible ‘victim of financial exploitation’ in lawsuit

Ohio Supreme Court changes rules for guardianships

By: Nick Evans

Photo: Courtesy of the Ohio Supreme Court

The Ohio Supreme Court has issued changes to the state’s rules for guardianship set to take effect July 1. The tweaks are meant to avoid fraud and abuse by imposing new reporting and training requirements.

The guardianship system, overseen by Ohio’s county probate courts, provides care for people who can’t care for themselves. But it’s a delicate arrangement. Empowering a third party to make major decisions on behalf of someone else can be necessary, but it almost inevitably raises concerns about potential exploitation.

Through its rules of superintendence, the state supreme court lays out the ground rules for administering guardianships. Those rules already require guardians receive regular training, avoid conflicts of interest, and meet with wards in person. Guardians also have to update the court on how their ward is doing through an annual plan, account for how they’re spending the ward’s money, and inform the court about any changes in residence.

Despite that level of oversight, abuse or neglect can still happen, and the court’s changes portray a frank assessment of that reality.

To address the possibility of exploitation by a ward’s family, friends or caregivers, guardians will now receive training on how to spot and report abuse as part of their education requirements. The amendments also add the long-term care ombudsman and law enforcement to list of authorities to which guardians should refer allegations of potential abuse.

To avoid abuse by guardians themselves, the court’s changes attempt to maintain contact between the ward and their family or friends. Among the changes, probate courts will have to include denial of visitation as part of the complaint process against a guardian.

Other changes in that vein include directing a court investigator outside the guardian-ward relationship to speak with the ward about their visitation history and preferences, and then report their findings to the court. The new rules also direct guardians to actively work with their wards on the list of people who can visit or write to them. Guardians would have to inform the court about any changes to that list.

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Ohio Supreme Court changes rules for guardianships

Parkland Man Gets 7 Years in Prison For Bilking Elderly Investors

Isaac Grossman

By Kevin Deutsch

A Parkland man who conned elderly investors out of millions of dollars was sentenced Thursday to 87 months in federal prison, according to the Department of Justice.

Isaac Grossman, 47, of Heron Bay, directed an elder fraud scheme in which he sold stock in his South Florida-based technology company to senior citizens across the U.S., then misappropriated their money for his own personal use, federal prosecutors said.

U.S. District Judge Raag Singhal sentenced Grossman in Fort Lauderdale federal court after Grossman had previously pleaded guilty to wire fraud, mail fraud, and money laundering charges. Grossman had faced up to 50 years in prison for his crimes.

He was also ordered to pay nearly $3 million in restitution, court records show.

Grossman will be credited with about seven months served and must surrender to the federal Bureau of Prisons no later than April 8, according to the records.

From September 2014 through April 2018, Grossman raised around $2.4 million in investor funds for his company, Dragon-Click Corp., by soliciting investments from elderly retirees across the country, prosecutors said.

Grossman’s pitch to investors: Dragon-Click was developing a revolutionary internet application, and they had a chance to get in on the ground floor. He told them the new shopping app would allow users to post a photo of any item they might want to purchase, immediately recognize all retailers who sell the item, and provide price comparisons and links to buy.

Grossman admitted he falsely told investors they would double, triple, or quadruple their money. According to DOJ, he even claimed Dragon-Click was on the verge of being sold to a large technology company like Google, Apple, or Amazon for over $1 billion.

Before raising funds for Dragon-Click, he concealed from investors that the Financial Industry Regulatory Authority had permanently barred him from acting as a broker or associating with brokerage firms.

He also hid the fact he had been permanently banned from commodities trading by the U.S. Commodity Futures Trading Commission.

With investors’ money in hand, Grossman spent $1.3 million of his fraudulent gains on gambling, diamond jewelry, luxury cars, home mortgage payments, tuition payments for his children’s private school education, and other personal expenditures, including a McLaren MP4-12C, a Chevrolet Corvette and a 4.81-carat diamond ring, prosecutors said.

In addition to his criminal case, the government also filed a parallel civil enforcement action against Grossman.

Full Article & Source:

Parkland Man Gets 7 Years in Prison For Bilking Elderly Investors 

 

See Also: 

Parkland Man Arrested for Bilking Elderly in Money Laundering Scheme