Monday, August 8, 2022

Police arrest suspect in connection to assault of former SF Commissioner Greg Chew

by: Tori Gaines

SAN FRANCISCO (KRON) — As people took to the streets in San Francisco to protest abuse against Asian elders, police arrested a man suspected of assaulting 70-year-old, former San Francisco Commissioner Greg Chew on Tuesday, according to a press release from San Francisco Police Department.

The assault was reported on August 2, just after 7:30 p.m. when SFPD officers with the Southern Station were called to Folsom and Third Streets due to a report of an aggravated assault. Officers on scene found a 70-year-old male victim who told officers he had been struck and knocked to the ground. The victim, later identified as Greg Chew, did not know the suspect who hit him. He was taken to the hospital with non-life threatening injuries.

Just before 11:30 a.m. on Sunday officers with the Tenderloin Station noticed a man in the area of Eighth and Market Streets that matched the description of the suspect. Officers were able to detain the suspect and then identified him as Derrick Yearby, 34, San Francisco. According to police, “officers developed probably cause to arrest Yearby.”  

Yearby was then transported to San Francisco County Jail and booked on charges of aggravated battery causing serious bodily injury, assault with force likely to produce great bodily injury, elder abuse, and great bodily injury enhancement.   

Police are still investigating this incident. Those with information are asked to call the SFPD Tip Line at 1-415-575-4444 or Text a Tip to TIP411 and begin the text message with SFPD. You may remain anonymous.   

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Sunday, August 7, 2022

Granddaughter Takes In Neglected Grandmother and Her Transformation Is Beautiful

by Nicole Pomarico
 
She goes from being flea-bitten to healthy and happy.

© Provided by WeHaveKids
Granddaughter Takes In Neglected Grandmother and Her Transformation Is Beautiful

Getting older can be a scary concept, leaving some of us wondering who will take care of us when we're elderly and potentially dealing with poor health and memory. If we're lucky, we have plenty of family around us to ensure that we're happy and healthy when we can't do as many things for ourselves anymore... but obviously, that's not the case for everybody.

Enter this grandma, who her grandchildren shared on TikTok recently. At 82 years old, she had been neglected and struggling with dementia, and when her granddaughter realized the conditions she'd been living in, she immediately took her in and didn't look back.

@yeahright8686 #love #grandmda #Dementia #neglect ♬ Sky Aesthetic - Tollan Kim

Her granddaughter explained that they found "thousands of lice, eggs, and lice feces" in her hair, and she only weighed 78 pounds at the time. This grandma had also had a hard life before this — she'd been in an abusive relationship, survived cancer, and raised her children and grandchildren. 

"I gave her a manicure, cut her hair and put her earrings in, gave her a long bath and then shower," she wrote in the video. "She also has dementia and can't see very well. She couldn't use her voice." 

Seeing the change in Grandma after she'd been taken care of was like night and day, and she seemed to be really happy to be surrounded by family and given the chance to relax and have others watch out for her. She even gained 10 pounds in the first two weeks of living with her granddaughter! 

This grandma is lucky to have family who cares about her, and hopefully, the rest of her days will be much better than the ones she's leaving behind her.

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Santa Monica nursing home tells wrong patient’s family about death

by: Sandra Mitchell, Cameron Kiszla

A mix-up of residents at a convalescent home in Santa Monica has upset a woman’s family after they were told she was dead, only to find she’d been confused with another patient.

A nurse at Santa Monica Convalescent Center — which is changing its name to Sunset Park Healthcare — told the family of 83-year-old Isabel Valencia that she had died. However, it was a different resident who had died, according to Valencia’s son-in-law Mike Fanous.

“They made a mistake. I looked at the deceased person; it’s not my mom, and my mom is sitting in the bed close to the deceased person … I was furious, when I got there I was very upset,” Fanous said.

As if that wasn’t bad enough, the mix-up meant the two patients were being given each other’s medications for several days, a nurse told Fanous.

“The lady that passed away, that could have caused her death. They were saying, ‘Well, we don’t know that,'” Fanous said.

A statement from Sunset Park admits the nurse made a mistake.

“It’s unfortunate human error. It was an isolated incident, and the facility obviously feels very badly for the family,” the statement said. “These are electronic medical records … What happened is, the nurse pulled the chart for the wrong patient.”

Valencia’s family plans to pursue legal action, and they have moved her to another facility.

The Los Angeles County Department of Public Health is also investigating.


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Chattanooga man arrested after CPD camera captures sexual assault of elderly woman with cancer

Chattanooga police have arrested a man who they say raped an elderly woman with cancer on the sidewalk of MLK Boulevard in July of 2022.

According to the arrest report, the victim told police that she was walking during the morning of July 27, when 45-year-old Wesley Chubb walked up from behind and forced himself on her.

Police say he forced the victim to the ground and assaulted her.

A CPD surveillance camera in the area recorded the assault and police say Chubb later admitted to being the man in the video.

Chubb is charged with rape and aggravated abuse of elderly or vulnerable adult.

He is being held on a $110,000 bond and scheduled to appear in court on August 9.

Stay with the Local 3 News app for updates to this story.

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Saturday, August 6, 2022

Alameda County conservatorship drains estates of elderly it cares for, Grand Jury finds

Family members claim abuse of loved ones by care facilities and courts under conservatorship

Mildred Rodriguez in her niece’s, Cathy Rodriguez, vehicle on September 2, 2018.(Courtesy of Cathy Rodriguez)

Sacramento, Calif. — By Robert J Hansen

An Alameda County Civil Grand Jury investigation into conservatorship proceedings in Alameda county found that conservatorship is in likely need of reform, according to the Grand Jury’s 2021-2022 report.

Although the investigation found no evidence of criminal acts by court staff, it did find that involuntary conservatorships are often very expensive for conservatees, especially those who are removed from their homes and placed in care facilities.

These individuals, depending on the degree of impairment, may be placed in a conservatorship, a legal proceeding in which the court appoints a person or agency to take care of the individual’s needs and make decisions on their behalf.

Under the current system, conservatees’ estates can be quickly drained, despite court oversight, the report said.

These legal services are provided by the Alameda Public Defender and Legal Assistance for Seniors (LAS) and are the primary safeguard against a person being placed in a conservatorship that is unjustified or unnecessarily restrictive.

Legal Assistance for Seniors (LAS) clients are primarily elderly adults in general conservatorships, whereas 80 percent of the Public Defender’s clients are developmentally disabled adults in limited conservatorships.

In 2019, the Alameda County District Attorney investigated allegations that, among other things, probate court staff committed financial abuse and failed to protect conservatees’ assets.

Conservatees like Mildred Rodriguez.

Mildred Rodriguez on March 18, 2019.(Courtesy of Cathy Rodriguez)

In 2017, Mildred Rodriguez was living in a mobile home that she and her niece, Cathy Rodriguez owned.

Then when a roommate died, Rose Rivera, Cathy’s third cousin, took Mildred against her will to live with her, according to Rodriguez.

Rodriguez, who for years worked for the Alameda County Probation Department, was told by another cousin that Rose Rivera took Mildred and tore the floors and bathroom out of the mobile home, making it inhabitable.

Video recordings show the mobile home was unlivable.

Rivera took over Power of Attorney over Mildred and tried to defraud her of all her property and assets according to Cathy Rodriguez.

“Rose destroyed the mobile home and the majority of my aunt's belongings were gone, a few things were left,” Rodriguez said.

Cathy and Rose battled through the courts for guardianship of Mildred and numerous attempted restraining orders, Court documents reveal.

Rivera attempted so many unsuccessful restraining orders that she was ruled a vexatious litigant by the Alameda Court, according to court records.

While Mildred was living with Rivera, a medical evaluation was done and it was determined that Mildred was not getting the care she needed and her environment was not good for her, according to documents provided by Rodriguez.

“I tried to get my aunt out of Rose's home through the cops but to no avail,” Rodriguez said. So, I filed the petition in probate Court in Berkeley California.

Rivera objected to Rodriguez’s petition for guardianship of Mildred from the encouragement of attorney Roger Spencer, according to Rodriguez.

Spencer, the court-appointed attorney for Mildred, stated that a neutral party is needed to act as conservator due to the family feud between Rodriguez and another family member, Rose Rivera.

He also objected to Rodriguez having guardianship of Mildred.

"Each time I have met with the conservatee, [Mildred] she has expressed distrust for Cathy Rodriguez. She is unwilling to have Cathy in control of her or her money or property in any way," Spencer said in July 2018.

Mildred Rodriguez recognizes she requires Conservatorship and wishes the Court to appoint the Alameda County Public Guardian as her Conservator of Person and estate Spencer told the court.

“She does not trust, and will never trust Cathy Rodriguez,” Spencer said.

However, the handwritten documents by Mildred contradict Spencer’s statements.

https://img.particlenews.com/image.php?url=0VsW2q_0h1LGj9C00
One of several handwritten letters to the Alameda Court by Mildred Rodriguez asking to live with Cathy Rodriguez.(Courtesy of Cathy Rodriguez)

A November 2018 letter by Mildred tells the judge that she is not happy where she is and would rather live with Rodriguez.

“I hope there is something you can do and let me live with my niece Cathy Rodriguez,” Mildred wrote in March 2019.

The court placed Mildred in conservatorship under Alameda County Public Guardian in May 2018. While under conservatorship, she lived at a couple of different facilities according to the court documents.

First, she was at St. Regis Retirement Center before being moved to Jones Convalescent Hospital in August 2018, according to court documents.

Cathy would come to visit her aunt and once took her to the mobile home, unaware she was restricted from doing so.

The Public Guardian then filed a complaint claiming that Cathy’s behavior was disruptive to hospital staff and residents and was eventually prohibited from having any contact with her aunt.

“I was not informed that I was not allowed to take my auntie out,” Rodriguez said.

Jessica Chia, Deputy County Counsel for the Public Guardian’s office, requested that the court restrict Rodriguez from contacting or visiting her aunt.

Chia also claimed that Rodriguez’s complaints against the Public Guardian’s office were inaccurate.

“You raised several complaints against the Alameda County Public Guardian's office and the Office of the County Counsel based on untruthful and inaccurate allegations, and you continue to reiterate these allegations at public meetings, in broadly distributed email communications, and in court proceedings,” Chia said in a letter to Rodriguez.

Video recordings and written documents from Mildred reveal how she felt mistreated, neglected, and abused while under the protective guardianship of Alameda County.

“The system is abusing my auntie and keeping her in prison with no contact from the outside world,” Rodriguez said.

In a March 2018 letter, Mildred wrote that she doesn’t want to go with Rose anywhere.

“They (the nursing home) never tell me that she (Rose) is going to pick me up. Rose shows up and says you are going with me. I don’t like that,” Mildred wrote. “Rose yells at me and says I have to go with her. I cry sometimes because I don’t want to go. Judge, please help me.”

In March 2019, Rodriguez tried to petition the Alameda County Public Guardian for conservatorship of her aunt but was again denied.

“I want out of here. I want out of this place. I don’t like staying here and being with these people,” Mildred said in a video recording.

Mildred Rodriguez telling her niece, Cathy Rodriguez, that she doesn’t want to live at the Jones Convalescent Hospital on December 22, 2018.(Courtesy of Cathy Rodriguez)

Mildred died under the care of Alameda County and Bay View Nursing and Rehabilitation Center in November 2020.

“I knew that she would never be free because she was only going to be free once she left in a body bag,” Rodriguez said.

Rivera could not be reached for comment.

The Alameda County Public Guardian’s Office also could not be reached for comment.

The final account showed Mildred’s estate was valued at just over $14,000 yet owed the county over $83,000 according to final accounting records. Leaving a total balance owed at more than $73,000.

Hundreds of new petitions for conservatorships are filed in Alameda County each year according to the Grand Jury report.

The investigators from the Grand Jury’s report offered the following recommendation to reduce or eliminate such costs for conservatees.

“In situations where family members petitioned the court to be appointed conservator and the Court finds conservatorship is not appropriate and eventually dismisses such petitions, the proposed conservatee should not be held accountable to pay for the costs of the legal process initiated by another person,” investigators recommended.

The lack of a contract between Alameda County and its conservatorship defense providers that outlines the expected scope of representation means that not all proposed conservatees receive the same level of service and raises the risk of litigation against the county.

Involuntary conservatorship proceedings can quickly drain proposed conservatees’ estates, which would not occur under a recorder’s fee-or grant-funded model.

Rodriguez frequently attended Alameda County Board meetings in person and spoke during public comment regarding her concerns with her aunt's case.

After trying to fight for her aunt, Cathy Rodriguez claims she is now the target of retaliation from attorneys and the Alameda County Public Guardian’s Office.

There will be follow-up articles in the coming weeks on what Cathy Rodriguez has experienced after her aunt died.

This report relied on the 2021-2022 Alameda County Grand Jury Report. It also relied on hundreds of pages of court documents, numerous video recordings and several letters provided by Cathy Rodriguez.

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Cognitive decline can be avoided with simple everyday exercises, new study suggests

By Phillip Nieto

While scientists have always recommended physical activity to keep the brain healthy, research now shows regular stretching and motion exercises can help older people with mild memory troubles. 

Researchers at the Wake Forest University School of Medicine recruited 300 adults with mild cognitive decline to do aerobic and stretching-and-balance exercises. The groups were split up based on those two exercises, twice a week with a personal trainer, and trained two additional times a week on their own over a 12-month period. 

The study shows that even simple exercises can slow cognitive decline for senior citizens in the early stages of dementia.  (iStock)

The study was presented on Tuesday at the 2022 Alzheimer’s Association International Conference in San Diego, California. All the participants had some form of mild cognitive impairment, one of the first stages of dementia, and lived sedentary lifestyles. 

Overall, both groups completed 31,000 exercise sessions, claimed the study's author, Laura Baker. At the end of the experiment, none of the group members had experienced cognitive decline, while a control group with similar participants with mild cognitive impairment who did not work out did decline.

Baker told the Associated Press the results from the stud indicate "this is doable for everybody," especially for seniors who have a limited physical exercise routine. Moreover, she recommends that exercise "needs to be part of the prevention strategies" for elderly citizens already at risk. 

Maria Carrillo, the chief scientist at the Alzheimer's Association, told the AP that research in the past has indicated daily physical activity has helped reduce inflammation in the brain and increase the amount of blood flowing to it. 

Baker also noted that having a social group or a network of support was crucial for the elder participants.

Participants were routinely given support while being active at their YMCA facilities, and regular video call sessions were set up after Covid-19 shut down the gyms, according to the Associated Press. 

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Crime Alert: Sheriff's Office says Mobile man beat 81-year-old stepfather

by Karris Harmon


MOBILE, Ala. (WPMI) — The Mobile County Sheriff’s Office received a domestic violence complaint between a father and son last week. Deputies say the 56-year-old stepson, Kim Griffin, physically assaulted his 81-year-old stepfather, Willie McCall. The sheriff’s office says to call it what it is: elder abuse. After the assault, the victim, Willie McCall had to go to the hospital for injuries to the back, mouth, face, and neck.

"This guy's a coward. Basically, beat his 81-year-old dad," said Captain Paul Burch.

56-year-old Kim Aundrea Griffin is in the Mobile Metro County Jail, charged with domestic violence strangulation, elderly abuse, and robbery of his 81-year-old stepfather Willie McCall. Griffin was trying to get McCall to sign over his power of attorney-giving griffin access to his finances, vehicle, and estate. When McCall refused to sign...

"The stepson who's 56 years old threw him against the cabinet, knocked him to the floor, and when he was on the floor began to choke and strangle him then beat him in the face," said Burch.

The stepson didn't stop there. Before taking the keys of the victim’s car:

"The stepson made the victim take off his bloody clothes and change into other clothes in case anyone was to come over, took the bloody clothes with him," said Burch.

Unfortunately, what happened to Willie McCall is not uncommon in Alabama. Commissioner of the AL Department of Senior Services, Jean Brown, says it happens more than you think.

"11,000 cases reported. For every one of those reported cases, it's estimated that there are 23 cases that are ongoing and occurring that are never reported," said Brown. "11,000 would be just the tip of the iceberg."

Brown tells me it's common for an elder to be abused by someone close to them like a family member. It's hard to say how long willie McCall was enduring this abuse.

"What makes that so sad, is that quite often it’s very hard for a parent to report their son or daughter. They love their son or daughter and in addition to that if the son or daughter does not take care of them, they may not have anyone else," said Brown.

Burch says the incident occurred over a financial dispute and that McCall is okay. Commissioner Brown says financial abuse can be one that goes unrecognized because the victim may not be aware that someone taking advantage of them.

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Friday, August 5, 2022

‘Ferris Bueller’s Edie McClurg’s Conservator Says She’s a Possible Victim of Elder Abuse


“Ferris Bueller” star Edie McClurg, 77, suffers from dementia and now her legal team is fighting to get a man who has been living with her out of her home.

In documents filed on Tuesday as a request for a temporary restraining order, McClurg’s lawyers said a man named Michael Ramos claims to be McClurg’s “long time friend” and was able to “ingratiate himself into (her) life while she was battling dementia.”

McClurg’s team wrote that Ramos is unemployed and “was able to finagle his way into (McClurg’s) home even though he has never paid any rent or expenses.”

The complaint also claims Ramos tried to take McClurg, who is under a conservatorship, out of the state of California “in order to marry her when he knew she lacked capacity.”

A 2019 court order mandated Ramos not go through with the nuptials, but allowed him to keep living with McClurg, according to documents obtained by TODAY.

The complaint says the two have “never been romantically involved,” but that a caretaker for McClurg filed a criminal complaint against Ramos that accused him of assaulting her in McClurg’s home “on more than one occasion.”

Per the complaint, the caretaker also reported she is concerned Ramos “either has been or may be currently assaulting (McClurg) in a similar manner and that given her diagnosis of dementia, she may not even realize that it has been or is occurring.”

The complaint goes on to say that even if Ramos is not abusing McClurg, his presence is “causing severe emotional distress and mental suffering.”

Ramos’ lawyer denied that he was abusive to the caretaker or McClurg.

“These are false allegations brought about by Ms. McClurg’s conservator and her counsel who have made it their mission to overturn orders issued by a Los Angeles Superior Court judge allowing Ms. McClurg’s long-term companion/fiancé to continue to reside with her at her home,” Estelle & Kennedy, A Professional Law Corporation, told TODAY in a statement. “Despite the seriousness of the allegations, we are not aware of any criminal charges pending against this individual, nor do we expect there to be any.”

Last month, McClurg’s legal team filed a petition to remove Ramos from the property following the allegations of the caretaker. In his response to the petition, Ramos denied that he had been abusive to either woman.

“Angelique Cabral (McClurg’s conservator) wants me to be removed from the residence and uses mere lies and speculation that I have harmed or may harm Edie and that is a lie that I cannot live with and must defend,” Ramos said in his response, in part. “I did not harm Edie McClurg and I would not harm Edie McClurg.”

In 2017, according to court documents, McClurg’s doctors found that she was “no longer able to handle her own affairs given severe cognitive dysfunction, is not capable of living alone without supervision and assistance, and is especially vulnerable to undue influence given her poor judgment and evident dementia (likely due to Alzheimer’s disease).” She was then placed under a conservatorship in February 2019.

McClurg’s legal team declined to speak to TODAY.

Ramos is next slated to appear in Los Angeles County Superior Court on Aug. 25 for the restraining order case.

McClurg has a lengthy and varied resume in Hollywood. She appeared in famous films such as “Carrie” and “Ferris Bueller’s Day Off” and television classics like “The Hogan Family.” She was also a prolific voice actor, lending her voice to characters in many animated films like “Frozen,” “Cars” and “A Bug’s Life.” 

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Fraud victimization tied to elevated BP in older men

By Regina Schaffer
Melissa Lamar

Older men without dementia who self-reported fraud victimization were more likely to experience significant increases in BP over time compared with men who did not report being victims of fraud, researchers reported.

Approximately 5 million older Americans per year experience financial exploitation, fraudulent schemes or scams, and financial losses are difficult for older adults to recover due to limited earning opportunities and shorter time horizons, Melissa Lamar, PhD, professor and clinical neuropsychologist at the Rush Alzheimer’s Disease Center in Chicago, and colleagues wrote in the Journal of the American Geriatrics Society. In addition to economic consequences, data show elder fraud may be associated with increased hospitalizations, admittance to skilled nursing facilities and lower 5-year survival rates.

‘Important public health consequences’

“These findings show that fraud victimization has important public health consequences and underscore the need for efforts to prevent exploitation,” Lamar told Healio. “Our work points toward the need to consider more stringent BP monitoring in older men after incident fraud victimization. We also need to expand this work to include greater racial, ethnic and socioeconomic diversity.”

Lamar and colleagues analyzed data from 1,211 older adults participating in the Rush Memory and Aging Project, an ongoing cohort study on aging initiated in 1997 (mean age, 80 years; 75% women). A substudy introduced in 2010 included an annual assessment of fraud victimization. The decision-making assessment included a question asking participants if, in the past year, they were a victim of financial fraud or were told they were a victim of financial fraud. During up to 11 years of annual observation, participants also underwent serial BP measurements to calculate per visit averages of systolic and diastolic BP, mean arterial pressure (MAP) and pulse pressure. Researchers examined cross-sectional associations between baseline fraud victimization and BP, and then used longitudinal data to test the hypothesis that fraud victimization is associated with increases in BP after incident fraud.

Within the cohort, 83 participants reported experiencing fraud victimization.

In adjusted models, researchers found that fraud victimization was associated with increased systolic BP (P = .04), diastolic BP (P = .007), and MAP (P = .01) compared with non-victimization. Fraud victimization was not associated with pulse pressure.

In longitudinal change point analyses, researchers found that fraud victimization was associated with elevations in BP among men but not women.

“For example, compared to pre-fraud BP levels for women, men showed an additional annual pre-fraud decline in systolic BP of 0.6 mm Hg, resulting in a total estimated annual rate of decline of 0.87 mm Hg,” the researchers wrote. “In addition, the annual rate of change in BP increased by an estimated 1.46 mm Hg post-fraud. Similar post-fraud increases were seen for the other BP metrics.”

Role of emotional dysregulation

Older adults who are victims of fraud may develop elevations in BP either directly or indirectly due in part to concomitant emotional dysregulation shown to be associated with fraud victimization, including increased stress, anger and anxiety, the researchers wrote.

“In fact, more than half of financial fraud victims (53%) report experiencing socioemotional problems involving moderate to severe levels of distress,” the researchers wrote.

The researchers noted that the study was conducted in an almost exclusively non-Hispanic white population of fraud victims and non-victims, with most reporting high levels of education, adding that more research is needed on fraud victimization among underrepresented groups while factoring in neighborhood deprivation status and social determinants of health.

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