Saturday, August 31, 2024

Oakland Co. probate judge removed from docket pending misconduct investigation

by Kara Berg and Hannah Mackay

An Oakland County Probate Court judge has been removed from her docket and put on leave indefinitely pending the results of a state misconduct investigation, according to the court.

Judge Kathleen Ryan was taken off her docket Tuesday due to a pending Judicial Tenure Commission investigation about "internal allegations of unprofessional conduct," Oakland County spokesperson Bill Mullan said Friday.


A visiting judge or judges will handle her caseload while the JTC case plays out. The commission handles investigations into judicial misconduct on or off the bench.

There are not currently any public cases involving Ryan, according to the commission website. Most cases are handled confidentially within the commission and are never made public. Ryan does not have any previous public JTC complaints, according to the panel's website.

Ryan was charged with misdemeanor domestic violence in 2021, but the case was dismissed in March 2022.

Ryan was elected to the Oakland County Probate Court in 2010 and has been practicing law since 1996.

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Oakland Co. probate judge removed from docket pending misconduct investigation

State conducts emergency evacuation of nursing home, but won’t say why

Long-term care ombudsman says she’s not ‘comfortable’ disclosing issues

By: Clark Kauffman


For the second time in two years, residents of the Aspire of Donnellson nursing home in Lee County have been relocated after an emergency evacuation at the facility.

On Christmas Eve in 2022, the home’s 50 residents were evacuated with the assistance of the fire department and more than a dozen other agencies after a water line burst and flooded the building. The facility didn’t reopen until October 2023.

On Tuesday, with state inspectors on site to investigate a complaint, the 46-bed home was evacuated again – although state officials aren’t saying why.

A spokesperson for the Iowa Department of Inspections, Appeals and Licensing, which oversees nursing homes in the state, said the investigation of the complaint, along with the home’s scheduled recertification inspection, had been underway on Tuesday when “deficiencies were identified, including a life-safety issue, requiring the facility to implement their emergency plan and safely relocate their 16 residents to other health facilities.”

The spokesperson did not identify the life-safety issue or indicate where or how the residents were relocated, or when they might return. She said that once DIAL finishes its inspection, it will write a report that outlines the agency’s findings and then publish it to the DIAL website.

Iowa Long-Term Care Ombudsman Angela Van Pelt, whose office is responsible for independent oversight of DIAL and for protecting residents’ rights related to evictions, indicated that while her office wasn’t at the home when the evacuation occurred, DIAL kept her office informed of the situation as it unfolded.

Van Pelt said DIAL shared with her a list of “issues” that gave rise to the evacuation. She said one of the issues was tied to some form of infection-control problem, but she declined to elaborate.

Van Pelt said she doesn’t know what DIAL will ultimately decide to disclose with regard to its findings and so she’d rather not share the information she has.

“We’re not the regulator,” she said. “So for me to release that information, publicly is — you know, I’m not overly comfortable doing that.”

Aspire of Donnellson has the lowest possible quality ratings on the federal government’s Care Compare website. It has been awarded one star, on a five-star scale, for both its inspection results and its staffing levels.

According to the Centers for Medicare and Medicaid Services, the home was last subjected to federal fines in 2022, when $30,544 in fines were imposed. It has been six years since any state fines were imposed, according to state records.

Officials at the home and at the Florida office of the home’s corporate owner, Beacon Health Management, did not respond to calls and emails Thursday. Beacon operates nine Iowa nursing homes, all of which carry the Aspire name.

Aspire of Donnellson and Beacon are currently being sued for wrongful death by the family of Jo Anne Walter, a former resident who died in July 2021, allegedly as a result of a fall at the home. The company has denied any wrongdoing, and a trial is scheduled for May 13, 2025.

Last year, the family of Marjory Chaney sued the home and Beacon for negligence, alleging the home failed to treat her pressure sores until the wounds were so serious she had to be treated at a hospital emergency room and then transferred to hospice care. The home has denied any wrongdoing, and a trial is set for Sept. 30, 2025.

Home was the focus of complaints and violations

Almost immediately after the Donnellson home reopened in October 2023, it was the focus of complaints. In November of that year, inspectors from DIAL investigated seven complaints and substantiated six of them. The home was cited for 11 regulatory violations, although no fines or penalties were imposed.

In April 2024, inspectors from DIAL visited the Donnellson facility again, this time to investigate a backlog of 10 complaints. Nine of the 10 complaints were substantiated.

While there, the inspectors cited the home for 30 state and federal regulatory violations – an unusually high number — and proposed, but then held in suspension, $15,700 in fines.

The violations included failure to meet overall quality of care standards, failure to treat pressure sores, failure to have sufficient nursing staff, failure to avoid significant medication errors, failure to meet infection-control standards, and numerous failures related to a lack of staff training.

Some of the suspended fines were tied to allegations that the home had failed to attempt cardio-pulmonary resuscitation on two residents, both of whom died.

In the first of those two cases, according to state reports, a male resident of the home was found in his bed at 5:15 a.m. on Jan. 18, ashen colored with no pulse or respirations. The aide who found him later told inspectors the man was still warm when found. According to the inspectors, the aide had checked on the man after noticing his light was on, suggesting he was up or at least awake.

After noticing the man wasn’t breathing, the aide summoned a nurse and asked whether they should initiate CPR. The aide allegedly told inspectors the nurse never answered and instead called the family to report the man was dead.

The nurse told inspectors that he had not been “exactly sure” about the resident’s code status which would indicate whether attempts to resuscitate him should be made, according to state reports. He acknowledged, however, that it was later determined the man was “full code,” indicating CPR should have been attempted.

Eleven days after that incident, a female resident of the home was found unresponsive in bed at about 10 p.m. The woman’s guardian and family were notified, and a funeral home was summoned to pick up the body. Although the resident was “full code,” no one on staff had attempted CPR, according to state reports.

Earlier this year, the Iowa Board of Nursing Home Administrators charged Tara Behrendsen of Eagle Grove, who ran the Aspire of Gowrie care facility in Webster County in 2022, with violating the standards of her profession. Behrendsen voluntarily surrendered her license.

The Gowrie home had been cited for 114 regulatory violations over the course of 19 months.

Full Article & Source:
State conducts emergency evacuation of nursing home, but won’t say why

CNA charged with exploitation of elderly after paying victim's checks to herself

by 


A Certified Nursing Assistant (CNA) in Chattanooga faces several charges including exploitation of an elderly adult.

A family member of the victim told police that April Anderson, with Comfort Keepers Home Care, began caring for the victim on April 8. That same day, fraud alerts began coming through the victim's bank account for DoorDash and Giftcards.com purchases.

When the family member checked the victim's credit card, there were several more charges for the Grove St. Market that were not recognized. The card had also been uploaded to GooglePlay, which the victim did not authorize.

Police were also told about four missing money orders, totaling $800, that had been changed to pay to Anderson and endorsed by her.

Anderson was charged with theft of property under $1000, criminal simulation, fraudulent use of credit card, forgery, and exploitation of an elderly adult.

Full Article & Source:
CNA charged with exploitation of elderly after paying victim's checks to herself

Friday, August 30, 2024

In Some States, Having a Guardian Means Not Having a Vote

More than a million Americans, many with disabilities, live under a court-approved guardianship. Many states block them from voting.


By Rachel Nostrant

When Nicole Noblet’s parents told her they planned to move the family to Missouri to retire, she worried that the move from Minnesota could affect her rights. So she did some research.

What she learned dismayed her: Because of the voluntary guardianship she had entered into with her parents, Ms. Noblet, now 32, wouldn’t be allowed to cast a ballot in her new state.

She told her parents she wanted to revisit their legal arrangement, a common one for people with disabilities that allows them to make health care and financial decisions for her. “I said, ‘Nobody is going to take away my right to vote.’”

Missouri is one of at least seven states, according to the Bazelon Center for Mental Health Law, that says anyone under a guardianship agreement cannot cast a ballot.

Guardianships, and similar arrangements called conservatorships in some states, give a court-approved guardian, who might be a parent, a caretaker or even a public defender, decision-making authority over a person. It may be limited to certain matters, like financial or health care decisions, or it could extend to every facet of the person’s life.

Many of the state laws are decades or even centuries old, and presume that anyone under guardianship is mentally incompetent. Some laws continue to refer to them using outdated and demeaning terms like “idiot,” “lunatic” and “retarded.”

The Justice Department said earlier this year that such blanket policies are illegal under federal civil rights laws. But the Biden administration appears to have taken no action to enforce that view.

Some people under guardianship, like Ms. Noblet, have gone to court to get their rights restored, which can be a long and difficult process. Others have challenged or sought changes in state laws. In 2001, a federal judge overturned a prohibition in Maine on voting by people under guardianship.

In the latest case, an Arizona court ruled in May that the state could not automatically deny voting rights to people under guardianship without proving that they are incompetent.

Image
Ms. Noblet in her wheelchair outside the polling place.
Ms. Noblet uses a wheelchair to get around and a speech-generating device to communicate.Credit...Katie Currid for The New York Times
Image
Screens with an American flag and the word "Vote" hiding people casting their ballots.
Ms. Noblet said she had cast a ballot in every election since she turned 18.Credit...Katie Currid for The New York Times

The National Council on Disability estimated in 2018 that about 1.3 million Americans were under guardianship arrangements, and studies suggest that the number has been growing rapidly, more than tripling over the past three decades. They include older Americans who can no longer manage their affairs, but also many younger people, including some with intellectual or developmental disabilities.

The agreements came under close scrutiny during the legal battle waged by the pop singer Britney Spears to end a court-ordered conservatorship, which a judge dissolved in 2021. The singer said that the arrangement, which allowed her father to control virtually all of her decision-making and finances, had traumatized and exploited her for nearly 14 years.

Advocates for people with disabilities say guardianships of all kinds have sometimes been used too broadly to deny basic rights.

Most states restrict the voting rights of those in such agreements. And under federal law, people under guardianship are one of only two groups that can routinely be denied the right to vote; the other is people with felony convictions.

In addition to the seven states that flatly prohibit anyone under guardianship from casting a ballot, more than two dozen other states have restrictions that vary by the type of guardianship or level of disability, and often require a judge to decide case by case on the right to vote.

Michelle Bishop, who works on voting accessibility issues for the National Disability Rights Network, said the effect is to hold people with disabilities to a higher standard than other voters.

“They somehow have to prove that they understand how our government works, what elections mean, and they have to have a good reason for voting for who they want to vote for,” she said. “There are a lot of non-disabled Americans who can’t do any of that.”

The Justice Department’s guidance to state officials, issued in April, says explicitly that under the U.S. constitution and federal law, including the Americans With Disabilities Act, states can’t deny anyone the right to vote simply because of a guardianship arrangement.

The department also said that the use of competency tests to determine whether people with mental disabilities are allowed to vote is illegal. Voting rights advocates have compared them to the literacy tests used to disenfranchise Black Americans in the Jim Crow era.

Some experts argue that there are valid reasons to limit the voting rights of people under guardianship, or to require them to prove competency before going to the polls. Dr. Paul Appelbaum, director of the division of law, ethics and psychiatry at Columbia University, suggested a minimum competency standard would not be unreasonable.

“My concern is more with the participation of people who may simply not really understand what it is that they’re doing,” he said.

Proponents of the restrictions say people with cognitive impairment may be susceptible to having their votes influenced by caretakers or cast fraudulently by others in their name, though there is no evidence of widespread problems.

“There are some people for whom it makes no sense to allow them to vote because they can’t understand what voting is about,” Pamela Karlan, the co-director of the Supreme Court Litigation Clinic at Stanford Law School, said. “They can’t form a preference about it.

Missouri, where Ms. Noblet and her parents moved in 2021, has been among the most aggressive states in removing people deemed mentally incompetent from the voting roles, according to an analysis by public radio organizations. Between 2008 and 2016, more than 10,000 voters were purged in Missouri because they were deemed mentally incompetent, the news organizations found — more than twice as many as any other state during that time period.

The secretary of state’s office in Missouri did not respond to requests for comment about the state’s voting policies.

For Ms. Noblet, even with the support of her parents, it took her more than a year to persuade a Minnesota judge to dissolve her guardianship so that she could vote in Missouri. But she was determined.

Ms. Noblet is autistic and experienced a traumatic brain injury when she was 25. She uses a wheelchair to get around and a speech-generating device to communicate. She is especially eager to back candidates who will ensure that she retains access to reproductive care, including contraceptives. “Birth control is something that I use to stay healthy,” she said.

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Ms. Noblet, sitting at a table with other election judges, hands a ballot to someone who is out of frame.
Even with the support of her parents, it took Ms. Noblet more than a year to persuade a Minnesota judge to dissolve her guardianship so that she could vote in Missouri.Credit...Katie Currid for The New York Times

In Arizona, Annette Wood is also determined to keep voting. Ms. Wood, 63, has dementia and agreed to enter a guardianship with caretakers at her assisted living facility. As with Ms. Noblet, the agreement cost her the right to vote. In response, she filed a lawsuit arguing that needing help in some aspects of her life did not mean that she needed it in every aspect.

An appeals court agreed, ruling in May that state officials or a guardian must provide “clear and convincing evidence” that a person lacks the mental capacity to participate in elections before they can be denied the right to vote. However, the decision did not automatically restore voting rights to all Arizonans who had lost them through guardianship; the court ruled that each person must request reinstatement individually.

Ms. Noblet said she would always push for people with disabilities to have the opportunity to participate in elections.

And when Missouri held a primary this month, she helped ensure it by serving as an election judge at her local polling place.

A correction was made on 
Aug. 29, 2024: 

A picture caption with an earlier version of this article referred incorrectly to the dissolution of Nicole Noblet’s guardianship agreement. It was done by a judge in Minnesota, not Missouri.

Full Article & Source:
In Some States, Having a Guardian Means Not Having a Vote

Wendy Williams Has Been Spotted for the First Time in Over a Year


 By Jane LaCroix

Wendy Williams has finally resurfaced after more than a year out of the public eye, according to new photos.

The former talk show host was recently seen at Bolingo Balance, a holistic wellness store in Newark, New Jersey, according to Page Six. The outlet posted photos of Williams' rare outing on Monday, August 26,

This sighting comes amidst Williams' ongoing health struggles and her long absence from the spotlight. Accompanied by her son, Kevin Hunter Jr., the 60-year-old appeared "sharp, upbeat and aware" during her visit, according to a store employee who spoke to the outlet.

During her time at the shop, Williams reportedly sat down with store owner Victor Bowman to discuss various holistic health products. He noted how Williams' was "engaging but wasn't as familiar with what we do here, so her son was more explaining things."

Bowman revealed to the outlet that he provided Williams with several herbal supplements, including iron-rich herbs such as sarsaparilla and capsules said to enhance hormonal balance and mental well-being. "She talked about circulation improvement but didn't want to get into too much detail on their first meeting and plans to come back in the near future," he stated.


A photo of Williams' visit was posted on Monday, August 19 to Bowman's Facebook, showing the two smiling together while the former Wendy Williams Show host held colored roses and a large green shopping bag, with comments from fans flooding the post. "Wendy look good," said one fan, while another chimed in, saying, "I'm so glad to see her looking healthy and in your store."

The appearance is significant given Williams' long history of health issues, including a diagnosis of frontotemporal dementia and ongoing battles with Graves' disease and lymphedema. Williams' last public sighting was in March 2023, when she was photographed in New York City.

Full Article & Source:
Wendy Williams Has Been Spotted for the First Time in Over a Year

See Also:
The Wendy Williams Documentary Raises Critical Questions About Guardianship and Incapacity

Wendy Williams' Family Reportedly Still Have No Access To Her Amid 60th Birthday

Wendy Williams Doc Is an ‘Exploitation of a Vulnerable Woman,' Lawsuit Claims

Wendy Williams’ Unsealed Lawsuit Against A&E Cites ‘Exploitation’ And Inability To Consent

Wendy Williams’ Friend Says Guardianship Worse Than Britney’s

Wendy Williams’ dream NYC penthouse sold by guardian for a loss after former TV host deemed ‘incapacitated’

Wendy Williams Lifetime Doc Producers Say They Became ‘Worried’ About Her Care Under Guardianship During Filming

Wendy Williams’ Legal Guardian Asks Courts To Force Kevin Hunter to Repay Overpaid Spousal Support In Bombshell Filing Accusing Him Of Pocketing An Extra $112K

Wendy Williams’ ex-husband seeks two years of unpaid spousal support

Wendy Williams’ guardian claims A+E Networks exploited talk show host in new legal filing

Wendy Williams Owes $568,000 In Unpaid Taxes Amid Conservatorship, Health Crisis

Wendy Williams’ guardianship case highlights the need for reforms

Wendy Williams' Guardian Caught in $5.5 Million Fraud Scheme Amid Star's Health Revelations

Lifetime's 'The Bad Guardian' Stars Melissa Joan Hart in a Tale of Guardianship Gone Wrong

‘Bad Guardian’: Lifetime to Tackle Guardianship Debate With Melissa Joan Hart, La La Anthony

Wendy Williams' financial guardianship raises 'red flags' after adviser attempted to block documentary: expert

Wendy Williams top 5 documentary bombshells

Inside Wendy Williams' Family's Fight to Free Her from Her Guardianship: 'This System Is Broken' (Exclusive)

Wendy Williams diagnosed with aphasia, frontotemporal dementia: What to know ahead of documentary release

Wendy Williams Seen for First Time in a Year in Devastating Lifetime Documentary Trailer

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

 
 

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

Wendy Williams had to be told several times her show had been canceled, execs say

Wendy Williams’ Ex Sells House Amid Big Money Troubles

Three Years After Britney, Wendy Williams Shows Celebrity Conservatorships May Still Be Toxic to Women

Thursday, August 29, 2024

76-Year-Old Retired Lawyer Unknowingly Helped Scammers Drain His $740,000 Nest Egg – Adding Insult To Injury, He's Now Got A $285,000 Tax Bill

by Ivy Grace


Barry Heitin, a 76-year-old retired lawyer, never imagined becoming the victim of a sophisticated financial scam that would drain nearly all of his retirement savings. His story, shared in the New York Times, unfolds with the drama of a Hollywood thriller, raising critical questions about the vigilance of financial institutions in protecting their clients’ assets.

Heitin was approached by criminals who convinced him he was assisting in a government investigation. Trusting their fabricated authority, Heitin unwittingly helped these scammers siphon off approximately $740,000 from his checking, savings, and IRA accounts. “They kept telling me, ‘This is a big case and we are going to stop a whole ring of people,” Heitin explained, according to The New York Times article. “It was like a rabbit hole. I was going down the hole with them," he added. 

The emotional and financial toll of this deception has been devastating, compounded by a $285,000 federal and state tax bill due to withdrawals from his tax-advantaged retirement accounts.

Robert Rabinowitz, a shareholder at Becker and Heitin’s legal counsel, is working tirelessly to recover some of the lost funds. He emphasizes that the activities involved in this scam were classic indicators of potential money-laundering schemes. “This type of activity is a classic sign of potential money-laundering activity and should have raised red flags,” Rabinowitz stated.

Investment firms must reasonably try to obtain a trusted contact when accounts are opened or updated. This contact can be alerted if there is any suspicion of exploitation. Firms have the discretion, though not the obligation, to temporarily freeze transactions if fraudulent activity is suspected. These safeguards are crucial, especially as criminals increasingly target older Americans, who are often perceived as having substantial savings.

Heitin’s ordeal highlights the broader issue of financial exploitation of seniors, a demographic that is particularly vulnerable to scams. 

Common scams targeting seniors include:

  • telemarketing fraud
  • phishing schemes
  • tech support scams. 

Full Article & Source:
76-Year-Old Retired Lawyer Unknowingly Helped Scammers Drain His $740,000 Nest Egg – Adding Insult To Injury, He's Now Got A $285,000 Tax Bill

Undocumented NY resident accused of swindling $110K in Gold Bullion from Nelson Co. man, sheriff says

Story by Thad Randazzo


NELSON COUNTY, Va. (WFXR) – The Nelson County Sheriff says an undocumented man living in NYS, has been charged with racketeering after posing as a Federal Reserve employee to swindle over $100,000 of Gold Bullion from a Virginia resident.

The sheriff says that on August 16, a Nelson County resident reported being the victim of a financial exploitation scam. 

It was determined by investigators that the incident started in July 2024 when the victim’s laptop was infected with a malware virus. The victim attempted to remove the infected malware but was directed to a person by telephone who claimed to be a Microsoft employee.

The person on the phone said their identity was compromised and they would need to purchase a “substantial amount of Gold Bullion” which would need to be collected and stored at a Federal Reserve in order to resolve the problem.

On July 31, the victim ordered $100,000 worth of Gold Bullion with the help of the alleged Microsoft employee. The gold was delivered to the victim’s home in Nelson County on August 2. But an unknown man in a dark-colored SUV quickly arrived, picked up the gold from the victim, and then left.

On August 6, the victim received a written letter with the letterhead “Board of Governors of the Federal Reserve” requesting an additional purchase of ‘Gold Bullion’ for “identity protection.”

The victim again complied and made a second purchase of gold on August 14 with the assistance of an alleged Federal Reserve employee. The second delivery of bullion occurred to the Nelson County residence on August 19; however, investigators with Nelson County and the Richmond F.B.I. intercepted the currier as they arrived at the home.

The courier has been identified as Liang Wang, who is believed to be an illegal resident living in Flushing, NY.

Wang has been arrested and charged with the following:

  • Racketeering
  • Conspiracy to Commit a Felony Larceny
  • Conspiracy to Obtain Money by False Pretenses
  • Conspiracy to Commit Money Laundering

He is currently being held at the Albermarle/Charlottesville Regional Jail without bond.

“The Nelson County Sheriff’s Office would like to thank the joint efforts of the Virginia State Police and the Federal Bureau of Investigation for the safe apprehension of Mr. Wang, and for exposing this organized criminal enterprise.” – Nelson County Sheriff’s Office

Full Article & Source:
Undocumented NY resident accused of swindling $110K in Gold Bullion from Nelson Co. man, sheriff says

Wednesday, August 28, 2024

Man left inside hot vehicle dies, caregiver charged with involuntary manslaughter

A janitor and caregiver is charged with involuntary manslaughter after deputies say the man he cared for was left inside a hot vehicle for much of the day. Roger Lee Inge Jr., 55, of Warrenton, N.C., is charged with involuntary manslaughter in the death of 22-year-old Dontarious Batts, according to the Johnston County Sheriff's Office. According to investigators, Inge was employed by Universal Health Care as a caregiver for Batts, who has special needs and was unable to care for himself. 

Inge works as a janitor at Cleveland High School and told investigators he took Batts to work with him Tuesday morning. Inge said he left Batts inside his vehicle with the windows up and the engine off between 8 a.m. and 10 a.m. 

Inge said he checked on Batts at 10 a.m., and he was fine. Inge returned to work, leaving Batts inside the vehicle until 4:17 p.m., investigators said. When Inge returned to the vehicle, he said Batts was dead. 

Inge said he left the school and called 911. The 911 operator asked Inge to pull over at a fire station on Cleveland Road in Clayton, and deputies responded to find Batts dead inside the vehicle. Inge was charged with involuntary manslaughter and is being held under a $35,000 bond.

Source:
Man left inside hot vehicle dies, caregiver charged with involuntary manslaughter

Bessemer man charged in elder fraud scheme

A 47-year-old man from Bessemer has been charged in a fraud scheme that involves an elderly family member.

Source:
Bessemer man charged in elder fraud scheme