Northwest Florida lawmaker seeks approval of bill to protect victims of exploitation

by Tanner Stewart

PENSACOLA, Fla. -- A lawmaker in Northwest Florida is seeking protection for victims of elderly exploitation, human trafficking and exploiting foster children.

In 2022 alone, WEAR News covered at least eight cases of elderly exploitation in Northwest Florida, which is part of the reason why Rep. Alex Andrade is working to add protection for those victims after their cases are settled.

"It's happening at a sufficient rate to add this protection," Rep. Andrade said.  

Under HB 113, titled "Contacting Consumer Debtors" -- debt collectors will not be allowed to contact any elderly person that is in debt, if that debt was a result of elderly exploitation.

But the new bill aims to go beyond helping elderly victims, by also adding protection for foster children, and victims of human trafficking.

Under the bill, any documented victim of human trafficking that may have accumulated debt under their name will be protected from debt collectors if there is proof of the crime -- this includes victims of identity theft.

The bill aims to protect foster children from being exploited by their guardians.

In one example, a parent could get a credit card in their child's name and rack up debt without the child knowing about it.

Rep. Andrade says the legislation will help get victims back on their feet quicker.

"You should get legally relieved of the obligation of debt collectors calling you day and night, having these letters sent to you, actions taken against you," Rep. Andrade said. "So this bill just says that these three new categories are included in those protections."

Josh Newby is the president and CEO of the Council on Aging West Florida. While his organization works to help victims 60-and-over in cases of all kinds, Newby says one industry is hitting the hardest lately -- solar.

"A lot of these seniors are 70-80yrs," Newby said. "Old and frankly don't have capacity to consent to this level of debt, but they're doing it because the sales person promises them the world, maybe under sells the impact of the debt. So for the past 6-9 months, that's been the primary source of financial exploitation that we've seen."

Newby says regardless of how the proposed bill will help prevent victims problems from compounding, by adding a new avenue of defense.

"It's gonna go a long way to giving them peace of mind and ultimately that's what we want to do," Newby said. "We want to make sure everything is ok but also ensure them that everything's ok."

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Northwest Florida lawmaker seeks approval of bill to protect victims of exploitation

Recent High-Profile Cases Highlight the Importance of Taking Action Against Nursing Home Abuse, According to Milwaukee, WI, Personal Injury Attorney Robert Welcenbach

After a the New York Attorney General filed a lawsuit in December against a Long Island elderly care facility, nursing home abuse has once again taken the national news spotlight.

Milwaukee, WI (PRUnderground) January 5th, 2023

This time around, a New York facility under fire is accused of keeping its residents in unacceptable living conditions while the company’s owners fraudulently diverted millions of dollars to their own pockets.

Personal injury attorney Robert Welcenbach of Welcenbach Injury Law in Milwaukee, Wisconsin, says action is needed in order to hold facilities accountable for their actions and prevent further injury to elderly residents.

Following a particularly terrible incident in a Wisconsin nursing home earlier this year, instances of flagrant neglect and abuse are piling up in facilities that are supposed to provide premium care for some of society’s most vulnerable people.

“Pursuing legal action is crucial,” Welcenbach said. “Not only do mistreated residents and their families deserve justice and compensation, but these lawsuits are needed in order to put nursing homes on notice.”

Welcenbach believes one of the best things families of nursing home residents can do is watch for the tell-tale signs of elder abuse and neglect. This enables family members to advocate for their elderly relatives’ rights. It also allows them to collect proof of wrongdoing on the part of the facility staff.

Nursing Home Abuse and Neglect: A Growing Problem

Since elderly residents of nursing homes often already suffer from declining health—both physically and mentally—family members often struggle to identify and address signs of neglect and abuse in the facility.

“You want to be able to put your trust in the staff,” Welcenbach explained. “After all, they’re professionals, and you’ve spent a lot of money to have your loved one cared for.”

However, there are thousands of nursing home abuse, and neglect cases reported every year, and millions are affected by elder abuse in general.

These cases often involve physical, sexual, or psychological abuse—whether at the hands of a staff member, family member, or fellow resident—but they can also involve harmful acts of neglect and financial exploitation.

Possible Damages in Nursing Home Neglect and Abuse Lawsuits

Welcenbach explained that the damages victims and families experience in nursing home abuse cases can vary widely and include all kinds of loss.

While there are financial costs associated with the increase in medical care and treatments after instances of prolonged neglect or abuse, that’s not the only damage these families suffer.

“The psychological toll that abuse has on an individual is significant,” Welcenbach noted. “Then, you add to it the emotional distress that their family members experience afterwards. The responsible parties need to be held liable for this kind of devastating loss.”

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Recent High-Profile Cases Highlight the Importance of Taking Action Against Nursing Home Abuse, According to Milwaukee, WI, Personal Injury Attorney Robert Welcenbach

2 sentenced in $12K elder phone scam case in North Hall

by Nick Watson 

Dec. 26—Two New York men accused of trying to defraud an elderly Hall couple of $12,000 were sentenced to time served and probation after pleas this month, according to court documents.

Brandon Massey, 24, and Jamal Clifford Davis, 29, were indicted in July of attempted exploitation of an elderly person and attempted theft by deception.

Both men were sentenced by Superior Court Judge Jason Deal to 10 years with the first six months in incarceration, but the custodial time was deemed served. The remainder of the sentence can be served on probation.

A Hall County Sheriff's Office investigator testified in court last year that an elderly North Hall couple were told they needed to withdraw $12,000 to bond a family member out of jail.

After being alerted about the scam, law enforcement set up a sting at the couple's home.

The Sheriff's Office said Massey tried to drive away from law enforcement but was blocked in by patrol cars.

Massey was additionally charged with fleeing or attempting to elude and reckless driving.

Massey entered what is known as an Alford plea, where he maintains his innocence but concedes there is enough evidence for a conviction. He was also sentenced under the First Offender Act, which means he will have the case discharged from his record if he fulfills the terms of his sentence.

Both men were fined $2,950.

Davis' attorney, Gilbert Sperling, did not return requests seeking comment.

Massey's attorney Melaney LaGrone said Massey felt it was in best interest to take the Alford plea. LaGrone said Massey and Davis were recruited into picking up the money.

Massey's attorney said her client heard about it from Davis but couldn't elaborate on how Davis was recruited into it.

"This is unfortunately bigger than, I guess, what these young men who are asked to do, as far as picking up the money on the street. ... I don't even know if they know exactly what they're doing and why," LaGrone said.

LaGrone said she hopes authorities will focus on the people behind these types of schemes.

"For someone to know so many people's private information, I think that's the bigger problem, and someone needs to work on catching the individuals that are ultimately starting this from the beginning," LaGrone said.

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2 sentenced in $12K elder phone scam case in North Hall

Conservator ordered to refund $41K after paying herself ward’s entire inheritance

By  Justine Lofton 

WAYNE COUNTY, MI – A Michigan conservator has been ordered to refund more than $41,000 to a ward after she billed herself $79,000 for less than a year of work, including the ward’s entire inheritance, authorities announced.

Patricia Dudek is accused of overcharging a vulnerable individual for whom she was appointed guardian and conservator in October 2021, according to a news release from the Michigan Department of Attorney General.

Attorney General Dana Nessel intervened in the case in November. On Wednesday, Jan. 4, Wayne County Probate Judge Lawrence Paolucci ordered Dudek to repay more than $41,000.

In October 2021, Dudek was appointed guardian and conservator for an individual with a yearly income of $30,000, the release said. The individual had also received an inheritance of about $42,000.

Dudek’s accounting shows that from October 2021 to June 2022, she billed the protected person about $79,000, the release said. Within about five weeks of receiving the protected individual’s $42,000 inheritance, Dudek paid herself more than the inheritance, including charging for work she had not yet performed.

Dudek charged her legal hourly rate of $350 for guardianship and conservator services and billed the protected person by providing more than 630 pages of emails, the release said.

Dudek billed the individual $78,962.20 in legal and fiduciary fees. After the refund and other payments, she was allowed to keep $3,136.17, or about 4 percent, of the total she billed.

“While many professional guardians consider their work public service and labor tirelessly on their files — there remain some bad actors out there who exploit vulnerable individuals,” Nessel said in a statement. “Those who take advantage of vulnerable individuals hoping that overwhelmed courts may not notice, beware. Our department will endeavor to intervene in these cases in order to protect the public.”

Anyone who believes they or someone else have been taken advantage of by an attorney serving as a guardian or a conservator can file a grievance with the Attorney Grievance Commission.

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Conservator ordered to refund $41K after paying herself ward’s entire inheritance

A Miniature Cow Shares Love and Hope with Elderly People with Memory Problems

By The Alzheimer's Site

A cute, miniature cow is creating a buzz in Oakwood Creative Care in Mesa, Arizona, for cheering and helping elderly people with memory problems.

Dolly Star visits the adult day center weekly to bring joy and a unique kind of therapeutic company to its community members who have been diagnosed with neurological disorders like dementia, Alzheimer’s disease, Parkinson’s disease, and schizophrenia.

Photo: YouTube/ABC15 Arizona

Their delightful encounters with Dolly are helping these elderly residents to develop new memories and recall old ones. The miniature cow responds with happy licks to affectionate pats and strokes. As a reward, the residents give the adorable cow marshmallows, which they learned is Dolly’s favorite treat.

Photo: YouTube/ABC15 Arizona

According to Karin Boyle, Dolly’s owner and founder of the Dolly Star Foundation, she was inspired by her father to make bovine therapy a mission. Her father, a farmer, had been admitted to a memory care facility, and it was the companionship of his cattle that later helped his condition to improve.

Photo: StockSnap/Magdalena

Yes, in the amazing world of animal-assisted therapy, dogs are the leading figure. However, more animals are following suit, like horses, dolphins, cats, goats, birds, and pigs. And, today, cow therapy is among those that are gaining global popularity.

Photo: PxHere

In the Netherlands, this new wellness trend is called “koe knuffelen” or “cow hugging.” In India, inmates are encouraged to undergo a cow therapy program, since the authorities believe that these sacred animals will have a positive impact on their character.

Photo: Pixabay/Jean van der Meulen

Meanwhile, in California, there’s The Gentle Barn, which is an animal rescue farm where you can embrace cows, give pigs a belly rub, or cuddle a turkey.

In upstate New York, there’s a bed-and-breakfast called Mountain Horse Farm that offers cuddling therapy with its Highlander-Angus cross-bred cows.

What is so special about cow therapy and animal therapy?

Photo: Wikimedia Commons/Darkenrau

It is believed that hugging a cow or another big mammal helps in boosting the production of oxytocin, which is known as the “bonding/love hormone.” Among the body’s many chemical messengers, it is the oxytocin that is primarily considered to be the “substance” of happiness.

Cow therapy is still new, but Karin hopes to propagate it in Arizona and the rest of the country, and others like her are doing the same in other regions of the world. What is certain, according to science, is that animal-assisted therapy has many benefits in the treatment of mental illness that enhance a patient’s quality of life.   

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A Miniature Cow Shares Love and Hope with Elderly People with Memory Problems

This Michigan nonprofit helped derail guardianship reforms, called AG effort a 'task farce'

It was supposed to be bi-partisan legislation that would help our state’s most vulnerable people. But instead of sailing through, several proposed guardianship reforms have stalled.

By: Heather Catallo

(WXYZ) — It was supposed to be bi-partisan legislation that would help our state’s most vulnerable people.

But instead of sailing through the state legislature, several proposed guardianship reforms have stalled.

In Michigan, if a court declares you legally incapacitated, a judge can appoint a guardian for you, which means you can no longer make your own legal, medical or financial decisions.

Back in 2021, Attorney General Dana Nessel’s Elder Abuse Task Force helped launch bi-partisan bills designed to better protect people who are put under guardianship.

But those bills never got signed into law thanks in part to professional guardians who did not want the same changes.

For 5 years, the 7 Investigators have been exposing problems in Michigan’s guardianship system.

“It's disgusting. Our elderly people shouldn't be a commodity and shouldn't be able to be trafficked by these people,” said Gretchen Sommer.

A judge appointed a professional guardian instead of family member for Sommer’s aunt, Barbara Delbridge, and her uncle, Bob Mitchell, back in 2018.

“Kept them hostage, took them from their families, locked them behind a six-and-a-half-foot privacy fence and just drained their estate, researched how to sell off their property,” said Sommer.

The guardian billed Bob and Barb’s estate for more than $376,000 in fees.

Our investigations helped fuel new reforms crafted by Nessel’s Elder Abuse Task Force, and in 2021, after years of work, they introduced four bills to change the state law.

“We felt as though it would completely change the face of protection of seniors in Michigan,” Nessel told 7 Investigator Heather Catallo.

Here are a few of the things the bills would have mandated:

- Certification for professional guardians

- Judges would have to better explain on the record why they’re appointing a professional guardian instead of a family member

- And they would have increased the number of times guardians have to visit their wards.

But the bills did not get signed into law.

One of the biggest opponents: the Michigan Guardianship Association, a non-profit advocacy group for professional guardians.

“The Guardianship Association especially kept moving the goalposts. So, whenever they would bring up a point and it seemed like legitimate point and that point would get addressed, they would say,’ well, that's not good enough. What about this other thing,’” said Nessel.

Even though members of the Michigan Guardianship Association (MGA) were on the Elder Abuse Task Force, the 7 Investigators have discovered audio recordings and photos that reveal just how hard the association was working against the legislation.

Pictures taken of a PowerPoint presentation at the MGA’s April 2022 conference reveal the MGA’s lobbyist, Robert Kennedy, referring to Nessel’s task force as the Attorney’s General’s Task Farce.

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This Michigan nonprofit helped derail guardianship reforms, called AG effort a 'task farce'

‘You can blame me.’ Judge's controversial comments suggest protection for professional guardians

The 7 Investigators obtained video of a local judge at a recent conference that raises questions about the relationship between judges and professional guardians.

By: Heather Catallo

(WXYZ) — In Michigan, if a court declares you legally incapacitated, a judge can appoint a guardian for you, which means you can no longer make your own medical, financial or legal decisions.

For years, the 7 Investigators have been exposing problems in the guardianship system.

Now video taken of a local judge raises questions about the relationship between judges and professional guardians.

The 7 Investigators have been documenting examples of guardianships gone wrong across Southeast Michigan since 2017. Probate judges can appoint a guardian for anyone deemed legally incapacitated. When you become someone’s ward, the guardian has total say over your life, including medical and financial decisions.

Our reporting caught the attention of Attorney General Dana Nessel, who formed the Elder Abuse Task Force and introduced legislation in the hopes of improving the guardianship system.

“Don't we owe that to seniors in our state,” said Nessel.

But the bills did not get signed into law, in part because of pushback from some key players in the probate courts.

The Michigan Guardianship Association (MGA) battled against the bills, calling the AG’s task force a “task farce.”

“It's so incredibly demeaning,” said Nessel.

The MGA wasn’t alone. Oakland County Probate Judge Daniel A. O’Brien wrote a letter to state legislators urging them not to pass the bills.

And now the 7 Investigators have obtained video of Judge O’Brien at a recent Michigan Guardianship Association conference, talking about the legislation and giving advice to a room full of professional guardians during a question and answer session.

Web Extra | Judge O'Brien at Michigan Guardianship Association conference

“The damage that has been done to this practice that you guys are all in, by legislation, by publicity, from public servants supposedly, politicians really – is just unfathomable,” said O’Brien in the video.

The video was taken by a conference attendee, and later provided to the 7 Investigators.

One statement that’s raising questions centers on the sale of a ward’s home. Guardians often ask the court for permission to sell property. They say it’s to pay for the ward’s care, but the guardian can get paid in the process.

“When you are having problems with your case, file a petition for instruction, ok… for me to make the decision. If you've got family members giving you a hard time, if you're concerned about how it might look. I saw a question at one of the earlier sessions about selling a house. Come to me, get authority, and what it does is it protects you and it takes… you can blame me. Say 'what can I say? The judge gave me an order. I just asked him what to do, and he said or she said to sell it,'” said O’Brien in the video.

Web Extra | AG Nessel on Judge O'Brien's comments

“It's as though he's giving them permission to do something they know that they shouldn't be doing. That's my take away from the way that that was phrased,” said Nessel after she saw the video.

Judge O’Brien says that’s not what he meant and says he would tell family members to file a petition for instruction as well.

“The appearance there is that you're giving the guardians cover to sell the wards property,” asked 7 Investigator Heather Catallo.

“Yeah, I get that. But I might not let them sell it. It's really the thing. And... I don't know how you want to put it. I was just cutting to the chase,” said O’Brien about the video. “I tell everyone, not just guardians, not just professional guardians, but any family member— you have a problem, you try to work it out with your brother, your sister, your parent, whatever it is. The professional guardian. If you're not getting satisfaction, file a petition. Bring it to me. Let me make the decision.”

In the video, O’Brien often praises the professional guardians in Oakland County, some of whom have hundreds of wards.

“The people of my county are wonderful people,” said O’Brien in the video.

Web Extra | Interview with Judge O’Brien

“I hear about Oakland County more than any of the 82 other counties,” said Nessel. “When I was running for office in 2018, what I would get more than anything else is people would call it 'the cabal.' That was the phrasing. And, you know, I'm not saying that it's merited or it's not. I'm saying that's the perception that people have in the Oakland County Probate Court, is that there is this very cozy relationship between the professional guardians and between the judges, and that regular people are not going to get a fair shake.”

O’Brien is one of four judges in Oakland County’s probate court. To be clear, not all of the Oakland County complaints filed with the AG or reported to the 7 Investigator involve his courtroom.

“Are you as fair to family members as you are to the professional guardians in Oakland County,” Catallo asked O’Brien.

“I try to be. Yeah. You know, the thing is, is that if I have to cut somebody off or if I have to rule against them, they're going to think I'm being unfair. There's no way around it,” said O’Brien. “But I do my best to remain impartial and just standpoint. And I do that by focusing on the person whose name is on the case.

"The thing about the professionals is they've been dealing with me all this time. And they are professionals and they know what I'm going to be concerned about, and what I'm not concerned about. They know the rules, so they know where to direct their attention. I try to really try to be as fair as possible with family members as humanly possible. Do I fail? I'm not trying to be flippant about that.... I don't want to be unfair. But does it happen? I handle thousands of hearings every year; 70, 80, 100 a week, some weeks. Some are going to make mistakes and some of those — somebody's going to have a chance to come back and get that mistake corrected. There's all sorts of options. They can file a motion for re hearings. They can appeal me to the Court of Appeals. They can try again," said O'Brien.

Judge O’Brien did agree there are problems in the probate system, but he does not agree with the proposed law changes from the AG’s task force.

He also told us the most important thing you can do if your loved one winds up under guardianship is to speak up.

“If you want something, ask me. Put it in writing if you can. If not, show up at the hearing. I'll do my best to follow the law and apply it to the facts,” said O’Brien.

The guardianship bills are expected to be introduced again in the new legislative session this year.

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‘You can blame me.’ Judge's controversial comments suggest protection for professional guardians

AG Nessel Resolves Wayne County Guardianship Case

January 04, 2023

LANSING – Attorney General Dana Nessel today announced resolution of a Wayne County professional guardianship case she intervened in early November of 2022. 

Wayne County Probate Judge Lawrence Paolucci held two hearings and provided Patricia Dudek, an appointed guardian and conservator, with the opportunity to formally respond to the Attorney General’s Notice of Intervention and Objections to her Amended Final Account of Fiduciary.

Despite an extension of time for a response, Dudek did not file a written response to the objections from the Department of Attorney General.  The court followed the Department of Attorney General’s recommendations for evaluating the fees and ordered a total refund of over $41,000. 

The refund was offset by about $12,000 in payments Dudek made on behalf of the protected individual, pursuant to the court’s first order.  Dudek refunded $21,000, and at the second hearing, she was ordered to refund $8,787.12 more.  Additionally, Dudek was not allowed to place a lien on any future personal injury recovery the individual may obtain. In sum, Dudek billed the individual $78,962.20 in legal and fiduciary fees and was only awarded $3,136.17, or about four percent, of the total she billed.

This result follows a 2020 suspension for 90 days of Dudek’s license to practice law for among other things, charging a client an excessive fee. 

“I am pleased at the outcome of our intervention and would like to thank Wayne County Probate Judge Lawrence Paolucci for his stellar thoroughness and dedication in protecting the ward who was the subject of this case.” said Nessel.  “While many professional guardians consider their work public service and labor tirelessly on their files—there remain some bad actors out there who exploit vulnerable individuals. Those who take advantage of vulnerable individuals hoping that overwhelmed courts may not notice, beware. Our department will endeavor to intervene in these cases in order to protect the public.”

In October 2021, Dudek was appointed guardian and conservator for an individual with a $30,000 yearly income who also received an inheritance of about $42,000.  Dudek’s own accounting illustrates that between October 2021 and June 2022 she billed the protected person about $79,000 for less than a year’s work. Within about five weeks of receiving the protected individual’s $42,000 inheritance and before any inventory accounting for current assets was filed with the probate court, Dudek paid herself more than the protected individual’s entire inheritance, including charging for work she had not yet performed.  

A fiduciary is an individual or organization who has a legal duty to act in the best interest of someone else and has a duty to act with the highest degree of honesty toward the protected person, including the duties of undivided loyalty, care, and prudence in actions. Dudek charged her legal hourly rate of $350 for guardianship and conservator services and billed the protected person by providing more than 630 pages of emails.

Any individual who believes they or a loved one have been taken advantage of by an attorney serving as a guardian or a conservator may file a grievance with the Attorney Grievance Commission.

If the guardian or conservator is not an attorney and the file is still open with the probate court, the complaint should be directed to the probate court where the guardian or conservator is serving.

• 11-16-22 Order In the matter of Anthony Armor, Wayne County Case No 2021-868525-CA.
• 12-20-22 Order In the matter of Anthony Armor, Wayne County Case No 2021-868525-CA. 

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Please note: A criminal charge is merely an allegation and a defendant is presumed innocent unless and until proven guilty. 

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AG Nessel Resolves Wayne County Guardianship Case

New allegations lead to early retirement of previously disciplined Russellville judge

By Max Brantley

DON BOURNE. KARK

Details are lacking, but this news release suggests that Pope County District Judge Don Bourne, suspended without pay for two weeks for ethical infractions last year, didn’t learn his lesson.

In August, the Arkansas Judicial Discipline and Disability Commission recommended that the Arkansas Supreme Court suspend Bourne without pay for 90 days, with 75 days held in abeyance if his behavior improved. He also accepted a censure. The deal meant that, with good behavior, he could hold his office until the end of his term on Dec. 31, 2024.

The disciplinary body moved to revoke the suspension held in abeyance on Dec. 2, following five more complaints about the judge’s conduct.

Bourne, who had 20 years as a judge and 20 years as a city attorney and deputy prosecutor, had a sketchy record dating back a long while. As we wrote in August:

One count of the complaint said he made demeaning comments to defendants — such as telling Spanish speakers they should learn English and making negative comments about people who were not from Pope County.

Another count said he had mishandled indigence requests. Requests for indigent status were rarely approved and records weren’t kept. In some misdemeanor cases, he told defendants he wouldn’t appoint an attorney, telling them instead “Get a job.” The count cites extensive reporting by KARK on Bourne’s court.

Bourne had been disciplined before for making a campaign contribution in a partisan political race.

The finding said Bourne lacked “humility and compassion” and he did not attempt to make court fair to the powerless and vulnerable.

It said Bourne’s actions were part of an extended pattern of conduct and he didn’t appear to see the problem and begin to change his behavior until advice from legal counsel.

The Supreme Court followed the disciplinary recommendation. He agreed to several remedial measures.
*Observing and reflecting on the conduct of other judges.
*Record proceedings in his court.
*Allow commission courtroom monitors
*Attend a judicial ethics class.
*Read about and take training about bullying and harassment.

I’m attempting to learn more about the nature of new allegations that prompted his early departure from the bench.

UPDATE: David Sachar, executive director of the commission, said days after Bourne was back on the bench he continued making discourteous comments about people in court — about their weight, where they lived and how they earned a living. The disciplinary staff was able to confirm complaints received about Bourne because of the recording devices installed in the courtroom as part of the previous discipline.

Sachar added:

The public should be treated with dignity, patience, and courtesy when they appear in front of a judge. This increases the public’s confidence in the justice system. Proper judicial demeanor is not an afterthought – it is a necessary quality for a judge to fulfill their oath to the people of the State of Arkansas.

Allegations of systemic mistreatment of people who appear in court are taken seriously. Judges hold incredible power. The vast majority of them wield that power effectively while also being as courteous as possible. I am thankful for the judges that uphold their oath while treating everyone with dignity.

Judge Bourne agreed to leave the bench after we filed a motion to petition the Supreme Court to instate his remaining unpaid suspension. We had new complaints – some literally from just days after he returned to the bench – and those were being investigated as well. Now all his complaints will be closed as he will no longer be a judge.

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New allegations lead to early retirement of previously disciplined Russellville judge