Arizona man blames court-appointed fiduciary for money woes

In Arizona, fiduciary complaints can take up to two years to investigate  

By: Nicole Grigg

PHOENIX — A former high-level executive who spent just over a year placed into a court-appointed conservatorship went from an early retirement to bankruptcy.

Bill Chalmers calls himself a survivor after being placed into the probate court system.

“There’s a pride that is taken away, the decisions of how much money you get to spend, whether or not you buy chicken or Kraft macaroni and cheese,” said Chalmers.

The probate court system is intended to protect the vulnerable, but some worry it can exploit those in need of help with financial and other decision-making.

In the probate court, a judge is able to assign a stranger or strangers to make all your personal, financial, and health decisions for you.

During a divorce proceeding, a lawyer questioned Chalmers' ability to make decisions, so a Maricopa County probate court interceded in 2017.

The courts will assign a team to someone like Chalmers made up of a guardian ad litem, a court-appointed lawyer, a fiduciary, a lawyer for the fiduciary, and oftentimes a psychiatrist. A guardian ad litem is assigned by a court to help protect the interest of a person like Chalmers.

“I pay for everybody,” said Chalmers.

Chalmers had questions after he got out of his 13-month court-appointed conservatorship with East Valley Fiduciary Services.

“My ballpark figure of how much I lost during that period of time was a little over $700,000,” said Chalmers.

In 2020, Chalmers filed a 200-page complaint with the Arizona Fiduciary Board, the entity in Arizona in charge of licensing and discipline. In total, there were 38 allegations against East Valley Fiduciary Services that claim procedures were not followed.

“They left me with my own bank account, with $200,” he said.

Chalmers showed up to the board meetings for years asking for updates on the investigation.

It is unclear how many complaints there are against fiduciaries because only complaints ending in discipline are made public. ABC15 Investigators found in 2019, East Valley Fiduciary Services was disciplined with a one-year probation after allegations that they placed a man in a secure, assisted living facility against his will.

Even during a probation period, a fiduciary is able to take on new wards.

“Generally speaking, if someone is on probation already, just the fact a complaint comes in isn’t necessarily a violation,” said Aaron Nash, who runs Arizona’s Certification & Licensing Division at Arizona Supreme Court.

One of the divisions Nash helps oversees is the Fiduciary Licensing Program which helps to protect elderly and otherwise vulnerable adults. Fiduciaries are licensed individuals or businesses that manage people's financial affairs, medical decisions and other matters.

The fiduciary certification and licensing division is the entity that approves and tracks licenses and complaints.

It took more than two years for the fiduciary board to finish investigating Chalmers’ complaint. They substantiated 10 of the allegations in October 2022. Those include filing a conservator’s accounting that was inaccurate and/or misleading, failing to timely file an inventory and appraisement with the court, not filing an estate budget with the court, and failing to provide 120 days of funding to the ward at the end of the conservatorship, in violation of a court order.

A lawyer for East Valley Fiduciary Services said in an email to ABC15 that they do not agree with the substantiated allegations, “(EVFS) has not had the opportunity to respond to them, and they have not yet been tested in any contested legal proceeding where EVFS would have the opportunity to present evidence and call and cross-examine witnesses regarding the allegations.”

The lawyer added that court proceedings were highly contentious with Chalmers and say that Chalmers still owes them money.

As for Chalmers, he wants reform. Six years after this all began, it is still not over for him.

“To be honest, I don’t want my story to come out. I don’t want people to know, but if I can stop this from happening to someone else’s mother or someone else’s father,” Chalmers said. 

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Arizona man blames court-appointed fiduciary for money woes

Texas Bar Foundation donates $7,500 to Texas Guardianship Association

By Editor

 

 

 

Bryan – May 4, 2023

The Texas Bar Foundation granted the Texas Guardianship Association (TGA) a grant in the amount of $7,500 to launch their Guardianship Outreach and Education program.

Over 55,000 Texans are currently under guardianship in Texas with over 400 guardians certified by the Judicial Branch Certification Commission (JBCC). The JBCC and the Guardianship Abuse, Fraud, and Exploitation Deterrence Program (GAFEDP) work to advance and enforce legislation to assist the courts in protecting Texas’ most vulnerable citizens and their assets and TGA strives to support this effort by providing continuing education to guardians and advocacy for guardians and their wards.

A recent review by the Guardianship Abuse Fraud and Exploitation Deterrence Program (GAFEDP) found that of 40,283 guardianship cases reviewed within county courts, 43% of cases were out of compliance. At the level of the statutory probate court, of 28,084 cases reviewed, 20% were out of compliance. By providing more awareness, more readily available information that is free and accessible to the public and guardians, a better quality of care and adherence to the law can be afforded.

The grant from the Texas Bar Foundation makes it possible for TGA to expand its efforts promote the education of the public, Texas courts, guardianship attorneys and the general public about guardianship within the state of Texas, what guardians can and cannot do, how guardians serve their clients and their families.

Since its inception in 1965, the Texas Bar Foundation has awarded more than $25 million in grants to law-related programs. Supported by members of the State Bar of Texas, the Texas Bar Foundation is the nation’s largest charitably-funded bar foundation.

The Texas Guardianship Association is a 501(c)(3) not-for-profit organization dedicated to educating professional, family, and volunteer guardians as well as legislators and the general public on ethics, standards and best practices related to court-appointed guardianship in Texas. TGA is also committed to identifying and implementing less restrictive alternatives to guardianship and reliance on community supports and services whenever feasible. TGA strives to enrich the lives of those protected by guardianship as well as those who are responsible for the protection of others.

To learn more about TGA, email Executive Director Claudia Gonzalez at Claudia@texasguardianship.org.

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Texas Bar Foundation donates $7,500 to Texas Guardianship Association

AARP Applauds Passage of Abuse Registry Law in Mississippi

By Natalie Missakian

En español | Family members in Mississippi who need to hire a caregiver for their loved ones will soon have a new way to screen out people who have the potential to do them harm.  

A new AARP-backed law, which takes effect July 1, will create the state’s first vulnerable person abuse registry, similar to a sex offender registry. Those convicted of abusing, neglecting or exploiting a vulnerable person — including older adults unable to care for themselves and anyone living in a nursing home — must register with the state Department of Public Safety or face additional penalties. 

Under the law, care facilities such as nursing homes will be able to check the registry to screen current employees or when hiring new workers. Members of the public can request access when hiring a caregiver for a vulnerable person. 

Roughly 1 in 10 Americans 60 and older have experienced some form of elder abuse, which can include physical, emotional and financial abuse, according to the National Council on Aging. Those who are socially isolated or have dementia are especially at risk.  

“AARP Mississippi supported the Mississippi Vulnerable Person Abuse Registry to help families protect their loved ones in care facilities or at home,” said AARP Mississippi State Director Kimberly L. Campbell. “This is another tool that family caregivers can use to keep their loved ones safe.” 

Learn how to spot and report elder abuse, and keep up with our advocacy work in Mississippi. 

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AARP Applauds Passage of Abuse Registry Law in Mississippi

Happy Mother's Day

"Your Mother Is Always With You"

 

(Author unknown)

Florida lawyer accused of swiping $450,000 from mother’s trust says father stole from him

by David J. Neal

A Boca Raton lawyer’s emergency suspension for allegedly stealing $450,000 from his mother’s trust fund (and forging documents to hide it) shines the light on an intrafamily feud.

Brandon Labiner is the aforementioned suspended lawyer. He’s being sued by his father, Paul Labiner, who alleges Brandon stole from a trust fund he set up for his wife, Brandon’s mother. The Florida Bar said an investigation backed up Paul Labiner’s claims and successfully petitioned for Brandon’s emergency suspension.

Brandon denies everything and says he’s filed a Bar complaint that is still pending saying Paul stole from Brandon’s personal injury firm to replace the money lost to a bookkeeper’s embezzlement.

The only person dealing with criminal charges? The bookkeeper.

A criminal complaint in the case, which moved from Fort Lauderdale federal court to New Jersey federal court, says Margate’s Janet Blissett embezzled $3 million from the Boca Raton law firm for which she worked. Brandon Labiner told the Miami Herald that Boca Raton law firm is the one he shared with his father, and that Paul stole from Brandon to replace the money embezzled by Blissett.

So, for those scoring at home: One family, two lawyers, two Bar complaints, one civil suit in Palm Beach County, one federal criminal complaint, one drained trust fund, one suspended lawyer and one bookkeeper criminally charged.

Dad sues son

Paul Labiner’s lawsuit said he set up a Spousal Lifetime Access Trust (SLAT) for his wife in December 2021 and installed Brandon as the Trustee. At the time, the two worked together in the law firm Paul started, Paul doing estate planning and corporate law, Brandon handling the side called the Personal Injury & Accident Law Center.

The lawsuit blames Brandon’s work ethic and “subpar performance as a plaintiff’s attorney” for shrinking the personal injury business while claiming Brandon and his wife continued to live large. Paul’s lawsuit also accused Brandon of getting scammed out of $100,000 because Brandon wired good money to a client who gave Brandon a bad check.

That, the lawsuit says, spurred Brandon to log onto the office email system as Paul and move money from his father’s account to his own last summer. Paul kicked Brandon out of their shared officespace. He also filed an emergency petition in Palm Beach County court to have Brandon removed as the SLAT’s trustee.

That petition was rejected. But, the lawsuit says, soon after the petition was filed, Brandon began making wire transfers out to bank accounts and making Venmo payments. The lawsuit also accuses Brandon of forging Paul’s name on a $10,000 check.

Dad files Bar complaint

Paul Labiner also submitted a Florida Bar complaint concerning his son.

In its petition for Brandon’s emergency suspension, the Florida Bar said, “The bar’s investigation indicates that during the period of June 7, 2022 through Aug. 24, 2022, [Brandon Labiner] misappropriated at least $451,219.58 of Mindy Labiner’s funds from the Labiner SLAT Trust for his personal benefit, not for the purpose intended by Mindy Labiner.”

Brandon Labiner said Thursday to the Herald, “The allegations are false. I deny all of the claims.”

The Florida Bar’s emergency suspension petition said, “In response to the bar complaint submitted by Paul, [Brandon Labiner] admitted to taking $451,219.58 and stated, “Upon discovering that Paul Labiner withdrew $454,727.01 from my law firm accounts, I acted prudently in exercising my discretionary powers as Trustee under Articles XV and XVI of the Labiner SLAT account to reimburse the stolen funds by Paul from the PIA firm trust and operating accounts.”

Brandon Labiner also said he was planning to appeal his suspension.

The Bar also said Brandon Labiner manufactured evidence to support his claim that his father stole $454,727 from Brandon’s accounts.

A lawsuit by Paul Labiner claims his son, Brandon Labiner, forged Paul’s name on this check.

“Official certified bank records,” the Bar said, “indicated the bank documents [Brandon Labiner] provided were forged and none of the alleged unauthorized transfers by Paul occurred.”

Brandon said the records are legitimate, he wound up with them by accident and “They weren’t in response to the complaint against me. Those were sent to the bar in support of my bar complaint against him.”

Labiner said his father withdrew those funds to replace what bookkeeper Janet Blissett embezzled. A May 2022 criminal complaint said “Law Firm-1” estimated Blissett stole $3 million from the firm’s operating and trust accounts. Labiner said their law firm was Law Firm-1.

The criminal complaint says from November 18, 2021 to Jan. 27, 2022, Blissett made 11 unauthorized withdrawals or payments to outside accounts, including accounts in New Jersey.

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Florida lawyer accused of swiping $450,000 from mother’s trust says father stole from him

State: Intruder was in care facility four hours before entering resident’s bed

By: Clark Kauffman

An intruder allegedly spent four hours inside an eastern Iowa nursing home before the staff found him partially undressed in bed with a female resident.

According to newly released state inspection reports, the intruder – later identified by police as Michael James Beaver, 54, of West Branch – interacted with the staff at Crestview Specialty Care in West Branch on April 5 before being found in the resident’s bed.

During those hours, one of the workers expressed concern that Beaver appeared to be homeless. Another worker twice gave Beaver directions to the victim’s room, and one employee heard the woman crying out, “Help me” while being wheeled through the facility by Beaver.

Beaver has not been criminally charged, although he is currently facing a charge of indecent exposure for his alleged conduct in a public library two days before the incident at Crestview.

The nursing home’s owners, Care Initiatives of West Des Moines, did not respond to calls from the Iowa Capital Dispatch, but on May 9 issued a written statement that said the company “is committed to the health and safety of our residents and takes the April 5, 2023, incident at Crestview Specialty Care very seriously. We took immediate action to report the incident to the state and are working with state investigators to address the situation.”

The state inspectors’ reports provide a timeline of the events that occurred on April 5, according to the statements given to inspectors by the Crestview staff:

10:30 a.m.: A nurse aide saw a male stranger walking around the facility, appearing to look for someone.

11 a.m.: The aide saw the man pushing a female resident in her wheelchair and calling her “mom.” The resident — the same woman with whom Beaver would later be found in bed — was legally blind and was one of 26 residents at the home with cognitive issues.

11:30 a.m.: A second aide saw Beaver pushing the resident in her wheelchair. Beaver asked the aide where the resident’s room was and was told, “Down the hall, to the left and her name should be on the door.”

Noon: A third aide noticed the resident was at her table, eating lunch alone. Around that time, an aide approached the director of nursing and informed her there was a stranger who looked “a little dirty” sitting in a common area. The aide said the man had dirt on his face and clothing and, to her, appeared to be homeless. The director of nursing left her office, looked at the man later determined to be Beaver, and said he might be a family member of a resident.

12:30 p.m.: The aide who had contacted the director of nursing saw Beaver pushing the female resident in her wheelchair down a hallway, with the woman calling out, “Help me.” The aide said she thought nothing of it as the resident often said such things.

1 p.m.: At this point, and for some unspecified time afterward, the staff observed Beaver pushing the resident in her wheelchair throughout the facility. The aide who had previously given Beaver directions to the resident’s room saw him looking confused by the front door, so she gave him a reminder, saying, “Remember, I told you, her room is down the other way.”

2:40 p.m.: Two aides told the director of nursing “something weird” was going on in the resident’s room: A man is in bed with the resident, claiming to be “just cuddling” with her.

2:45 p.m.: The director of nursing and a registered nurse entered the resident’s room. The resident’s head was at the foot of the bed, Beaver was under the covers, but appeared to be shirtless with his pants pulled down. The resident’s one-piece jumpsuit was unzipped halfway in the back.

The director of nursing asked what was going on and Beaver replied that he was “just trying to help her sleep.” The director of nursing asked him why he wasn’t dressed, Beaver said he had his clothes on. The director of nursing replied, “Having pants around your ankles in not having clothes on.”

The staff removed Beaver from the resident’s bed at which point he zipped up his jacket and attempted to leave, saying, “I will get out of the way.” The director of nursing replied, “No, you will stay until the police come,” and the staff escorted him to the lobby.

Home cited for abuse and safety violations

Beaver initially told the staff he was a distant relative of the resident. Later, he reportedly said he was not related to her but had known her about 20 years prior. The resident’s nephew reported he had never heard of Beaver, but declined to have the resident sent to a hospital for an assessment.

The resident said nothing at the time but was reported to be anxious and tearful. When questioned a short time later, she had no recollection of the incident.

The police, who had picked up Beaver earlier in the day and dropped him off at a trailer park, took him to a local hospital for psychiatric commitment and evaluation.

The incident resulted in “possible distress for the resident,” state inspectors concluded, while noting that a physical assessment conducted at Crestview resulted in “no findings that the resident had been assaulted.”

The facility “took all precautions necessary to mitigate another similar incident of this type,” according to state inspectors. The home had placed residents in immediate jeopardy, the inspectors concluded, but they lowered the scope and severity of the violation after concluding the staff had immediately corrected the problem by locking the doors to the facility, educating the staff, creating a visitor’s log, and installing a doorbell at the front entrance for visitors to gain entry.

Prior to those changes, visitors had only to push a button near the front door to enter the building.

The Iowa Department of Inspections and Appeals imposed and immediately suspended two $6,500 fines against Crestview – one for failing to protect residents from abuse and one for failing to keep residents safe. With the state fines suspended, the federal Centers for Medicaid and Medicaid Services will consider what federal penalties, if any, will be imposed.

Court records show that two days before the incident at Crestview, Beaver was arrested and charged with indecent exposure at the Iowa City Public Library. According to the arrest report, video evidence showed Beaver entering the library, going to the computers on the second floor, taking off his sweatshirt and pants, placing a jacket over his genitals, and then spending four hours watching pornographic videos while reaching under his jacket and stimulating himself.

The day after he was arrested, he was released from jail on his own recognizance. District Associate Judge Jason A. Burns released Beaver on the condition that he not return to the library. The indecent exposure case is still pending.

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State: Intruder was in care facility four hours before entering resident’s bed

Elderly man gives police officer dance lesson during traffic stop in South Carolina

Source:
Elderly man gives police officer dance lesson during traffic stop in South Carolina

Former nursing home employee arrested for stealing from resident with dementia

By: WFTX

NAPLES, Fl. — A former Collier County nursing home employee is now facing multiple felonies, after a Collier County Sheriff's Office investigation revealed she stole nearly $12,000 from an elderly resident with dementia.

Tracey Anna Massey, 42, was arrested Tuesday and charged with exploitation of the elderly over $10,000 and grand theft over $10,000. 

Massey stole nine checks totaling $11,900 from the victim and deposited them into her personal bank accounts. The victim, now deceased, was unable to care for himself and had a court-appointed guardian who made decisions on his behalf.

The investigation found the thefts occurred from September 2022 to March 2023 while Massey was an activity manager at ProMedica Skilled Nursing Facility, 3601 Lakewood Blvd., Naples.

Massey told detectives that the victim gave her some of the checks as a return payment for money borrowed, and also claimed the victim asked her to withdraw money because he wanted to have cash on hand. Detectives’ review of bank records debunked those claim

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Former nursing home employee arrested for stealing from resident with dementia