National Association to Stop Guardian Abuse

Phoenix Arizona Press Conference: Clean Up the Courts!

noreply@blogger.com (NASGA) — Sun, 27 May 2012 05:02:00 +0000

Dear Concerned Citizens and Victims of Judicial Corruption,

You are invited to join us for a Press Conference:

Date: May 31, 2012

Time: 10:00 a.m.

Location: 1700 West Washington (the state Capitol) Phoenix, Arizona

Purpose: Andrew Thomas will discuss new judicial reform legislation SCR 1001. And some victims of the corruption in Maricopa County Probate Court will tell their stories.

If you have been a victim of judicial corruption, we want you to attend. Please bring banners and/or signs that read, "CLEAN UP THE COURTS!"

RSVP to: cporterkzoo@att.net

Read SCR 1001

MD Press Release: Daughter Pleads Guilty to Misappropriating Elderly Mother's Funds

noreply@blogger.com (NASGA) — Sun, 27 May 2012 05:01:00 +0000

John J. McCarthy, State’s Attorney for Montgomery County, announced that Lynda LaTour pled guilty today to Misappropriation by a Fiduciary in front of the Honorable Judge Robert A. Greenberg, Circuit Court, Montgomery County, Maryland. The Defendant faces a maximum sentence of five years incarceration. LaTour will be sentenced on July 13, 2012 by the Honorable Robert A. Greenberg.

Starting in 2009, LaTour embezzled almost $250,000 from her mother, Yola Cardinali, by abusing the authority her mother gave her through a power of attorney. Mrs. Cardinali was born in 1926, and began showing signs of dementia in 2008 while she was living independently in New York City. In 2009, the Defendant obtained power of attorney to handle her mother’s finances and, in March of that year, moved her mother to Sunrise at Montgomery Village. In early September 2009, the Defendant signed a residency agreement with Sunrise of Rockville, as well as a responsible party contract under which she agreed to pay for her mother’s apartment, residential assisted living services, meals, medication,and respite care. The Defendant carried out her contractual obligations until she told Sunrise staff, in November 2010 that her mother was out of money. In fact, when attorneys for Sunrise contacted the State’s Attorney’s Office in April 2011, the Defendant owed Sunrise approximately $30,000. (In September 2011, when Sunrise filed a separate civil action against LaTour for breach of contract, she owed more than $52,000; in February 2012, Sunrise won a default judgment against LaTour for almost $76,000).

“Financial exploitation of vulnerable adults and seniors is serious crime in Maryland, and we are committed to aggressively prosecuting these offenses,” McCarthy said in reaction to the plea. “This was one of the first cases investigated under the special Senior Financial Exploitation Initiative that we started last year due to the rampant increase in this type of case in the County. The circumstances are especially egregious when, as here, family members abuse a trusted relationship to take advantage of their older relatives.”

Full Press Release and Source:
Daughter Pleads Guilty to Misappropriating Elderly Mother's Funds

WI: Involuntary Committment of Alzheimer's Patients

noreply@blogger.com (NASGA) — Sun, 27 May 2012 05:00:00 +0000

[T]he Wisconsin Supreme Court clarified that persons with Alzheimer’s disease or incurable disorders cannot be involuntarily committed under a statutory scheme designed for short-term commitment and treatment of mentally ill individuals.

In 2010, Fond Du Lac County instituted proceedings under the state’s Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act (Wis. Stat. ch. 51) for the involuntary commitment and treatment of an 85-year-old woman (Helen).

In general, ch. 51 allows a county to petition for involuntary commitment of persons with mental disorders or illnesses, developmental disabilities, or alcohol or drug problems.

Helen, who suffers from Alzheimer’s disease and had been living in a nursing home, began exhibiting aggressive behavior toward caregivers. She was eventually transported to an emergency room for medical treatment, resulting in the petition for involuntary commitment.

Ultimately, a circuit court granted the county’s petition for involuntary commitment under ch. 51, which would allow the county to place Helen in a psychiatric unit, initially for up to six months, and administer psychotropic medication if deemed necessary to treat her.

However, the court of appeals reversed, concluding that Helen was not a proper subject for treatment under ch. 51. In Fond Du Lac County v. Helen E.F., 2012 WI 50 (May 18, 2012), a Wisconsin Supreme Court unanimously affirmed the court of appeals.

Full Article and Source:
Individuals with Alzheimer’s Disease Cannot Be Involuntarily Committed Under Chapter 51

Linda Kincaid Reports: Santa Clara County Residents Speak Out Against Elder Abuse by Public Guardian

noreply@blogger.com (NASGA) — Sat, 26 May 2012 05:02:00 +0000

The Santa Clara County Board of Supervisors met on May 15, 2012 to discuss county budgets, including funding for the Public Guardian. The Public Guardian’s office is under scrutiny related to allegations of elder abuse and neglect.

Public Guardian Don Moody offered the Board that his office could eliminate two full-time equivalents from their payroll.

Moody testified that the number of conservatees in the county has remained stable for several years and is not expected to increase. Moody’s testimony was unexpected, given the dramatic increase in the senior population.

A number of senior staffers from Moody’s office testified against their boss, claiming they cannot provide adequate services without the current complement of staff. Public testimony against a superior is rare and indicates turmoil within the office.

Members of the public addressed the Board during Public Comment (Item #3) and again during budget discussions concern the Public Guardian (Item #16). County residents brought attention to the plight of Gisela Riordan, a conservatee of the Public Guardian.

Gisela has been isolated from nearly all visitation and phone calls for over two years. The Public Guardian allowed Gisela less than two hours with her son in that time. Gisela is not allowed any visitors from the community.

Gisela’s living conditions speak of profound neglect. Gisela has lost about a third of her body weight under the care of the Public Guardian. Her dentures are missing. She needs new eyeglasses, and she is rarely allowed access to her hearing aid.

Deputy Public Guardian Carlotta Royal was adversarial toward this reporter’s enquiries about Gisela’s welfare. Moody has not responded to requests for comment.

Full Article and Source:
Santa Clara County Residents Speak Out Against Elder Abuse by Public Guardian

See Also:
NASGA: Gisela, California Victim

New Jersey Considers UAGPPJA

noreply@blogger.com (NASGA) — Sat, 26 May 2012 05:01:00 +0000

The New Jersey Legislature is considering a new law to prevent an elder abuse known as “granny snatching” by joining a multi-state network that protects adults who need the assistance of a guardian when families feud.

“There has been one case after another where we have venue challenges and jurisdictional challenges that have caused a lot of problems,” said Sen. Fred H. Madden (D-Gloucester), co-sponsor of the legislation.

Typically, a NJ court appoints a daughter as guardian for an elderly mother incapacitated by Alzheimer’s. The mother then visits another daughter in Florida, who goes to court seeking to overturn the New Jersey guardianship order and be named the new legal guardian.

The bill now under consideration in Trenton -- the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act -- would allow New Jersey’s guardianship orders to be recognized by other states with the law.

The bills, S1755 and A2628, establish uniform procedures for addressing interstate conflicts regarding adult guardianship issues, and brings New Jersey into an national guardianship reciprocity network that includes more than 30 states.

Full Article and Source:
New Jersey Considers Law to Prevent Granny Snatching

CO: Proposed Bill Aims to Protect Elderly

noreply@blogger.com (NASGA) — Sat, 26 May 2012 05:00:00 +0000

A bill that would urge people to report problems for the elderly and at-risk adults will be back on the legislative agenda next session.

Senate Bill 12-78, sponsored by Rep. Sue Schafer, D-Wheat Ridge, and Sen. Evie Hudak, Westminster, calls for residents to report abuse, exploitation or self-neglect of elderly and at-risk adults.

“I think we need a law for mandatory reporting of elderly abuse,” Schafer said.

The bill updates the definition of abuse of at-risk adults to include exploitation and illegally taking money or property from them. It will also allow for disclosure of information among agencies to improve coordination for investigation of at-risk adult cases, and will require background checks for all prospective county employees who would have direct contact with the parties to such cases.

The final reading for the bill was on May 3. Schafer and Hudak could not get the bill passed this year because they could not find $4 million for funding in time for the current session.

Federal law requires care providers of the elderly to report any sort of abuse, but Schafer's bill would extend that requirement to all people in contact with senior citizens.

Full Article and Source:
Proposed Bill Aims to Protect Elderly

Woman Says Past Mason Sheriff's Mismanaged Estate, Breach of Fiduciary Lawsuit Filed

noreply@blogger.com (NASGA) — Fri, 25 May 2012 05:01:00 +0000

A Mason County woman is alleging the last four sheriffs have played a role in cheating her out of a family inheritance.

Former sheriffs David Lee Anthony II, Scott Simms, Troy "Shorty" Huffman and Paul Ernie Watterson are named as co-defendants in a breach of fiduciary duty lawsuit filed by Gina M. Eads. In her complaint filed April 9 in Mason Circuit Court, Eads, 44, a Leon resident, alleges the four lawmen over the last quarter century mismanaged funds belonging to the estate of her grandmother, Grace M. Thornton, during their respective terms in office.

According to the suit, Thornton died on Oct. 8, 1986. In a holographic will dated Oct. 23, 1979, she directed that her entire estate, except for her home in Kenny Street in Point Pleasant, be liquidated and the proceeds placed in an interest bearing account with the interest paid monthly to her son, Richard D. Gaylor.

A holographic will is one that is his handwritten, and signed by the testator -- the person making it -- but not witnessed by someone else. Records show, the Mason County Clerk's Office accepted the will into probate a week following Thornton's death.

On an unspecified date following Thornton's death, the Sheriff's Office was appointed to serve as its administrator. Also, because of his incapacity, it was appointed to act as Gaylor's guardian and conservator.

The reason for Gaylor's incapacity is not stated.

According to the suit, Gaylor died in 2008. Pursuant to Thornton's will, Eads was to receive the residual of her estate following Gaylor's death.

However, Eads alleges during the last 24 years Watterson, Huffman, Simms, Anthony "and their fiduciary officers ... paid over to Mr. Gaylor sums of money to which he was not otherwise entitled to receive." Funds in Thornton's estate, Eads alleges, "have dwindled almost to the point of non-existence."

Specifically, Eads alleges at the time her suit was filed, she's lost at least $67,615.31.

Full Article and Source:
Woman Says Past Mason Sheriff Mismanaged Estate

CA Judge Admonished for Delays, False Affidavits

noreply@blogger.com (NASGA) — Fri, 25 May 2012 05:00:00 +0000

The Commission on Judicial Performance [May 16] publicly admonished a Merced Superior Court judge for holding cases under submission beyond the 90-day limit and falsely swearing that he was not doing so.

The commission said that Judge John D. Kirihara had appeared before it on May 8 to object to the discipline, but that it had approved the discipline by a vote of 8-0, with two members recused and one not participating.

Kirihara, the commission said, violated the 90-day rule three times in 2010. He had one civil case under submission for 320 days, a probate matter under consideration for 237 days, and a matter involving a trust under submission for 110 days.

The commission also noted that with respect to the probate matter, the judge was specifically advised that the case had been under submission for five or six months, yet took another 59 days to submit his decision.

The judge committee further misconduct on 11 occasions, once a month from May 2010 through March 2011, by falsely swearing that he had no cases under submission for more than 90 days, the CJP found.

The commission also found that the judge violated the Rules of Court or the ethical canons by failing to keep a list of cases he had under submission, even during a period that he was presiding judge of the court and obliged by the rules to circulate such lists among the judges.

“Presiding judges have the responsibility of monitoring the cases under submission on their county and ensuring that no cases remain undecided for more than 90 days,” the commission said. “Consequently, a presiding judge should be particularly vigilant about monitoring his or her own submitted matters.”

Kirihara, a judge since 2001, was presiding judge from April 2007 through the end of 2010, the commission said.

Source:
CJP Admonishes Judge for Delays, False Affidavits

Our View: Public's Right to Know Trumps Seal

noreply@blogger.com (NASGA) — Thu, 24 May 2012 05:02:00 +0000

The guardianship case of Dr. John D. Witherspoon has taken a bumpy course through Davidson County Circuit Court, marked by an attempt to skirt the First Amendment that should give the public cause to reflect on how easily the right to know can be taken away from us.

Judge Randy Kennedy not only closed a hastily called hearing on May 11 regarding whether the doctor should be placed in a conservatorship; he sealed the court record, as well. Those moves violated legal precedent established in Tennessee by the 1985 State vs. Drake court case, as well as the state Supreme Court’s long-held belief that the public has a qualified right to attend judicial proceedings and read documentation of those proceedings.

The Tennessean and WSMV, whose representatives were kicked out of the May 11 hearing, may be accused of trying to intrude on private matters of the Witherspoon family solely because the doctor’s daughter, actress Reese Witherspoon, is a celebrity. But the real issue for these media outlets is the broader question: If court cases are entirely sealed, where is the oversight of the judicial process?

We ask that question because of Jewell Tinnon.

She is the 80-year-old Nashville resident who was placed in a conservatorship without her knowledge or consent nearly two years ago, and as a result lost all her possessions. Tinnon has since fought Kennedy’s ruling in her case, and is suing the attorney and social services agency who handled her conservatorship.

Of course there are many other Tennesseans who potentially face similar fates — and if those records are sealed there is opportunity for abuse and no public scrutiny.

Full Article and Source:
Public's Right to Know Trumps Seal

See Also:
Witherspoon Conservatorship: Sealing of Conservatorship Cases Raises Concerns

'All Baby Boomers Should Be Tested for Hepatitis C'

noreply@blogger.com (NASGA) — Thu, 24 May 2012 05:01:00 +0000

The federal government Friday called for all baby boomers to be tested for hepatitis C, which kills more Americans each year than AIDS and is the leading reason for liver transplants.

The Centers for Disease Control and Prevention (CDC) made the draft recommendation in an effort to find hundreds of thousands of people who have the infection but don't know it.

Baby boomers account for more than 2 million of the 3.2 million Americans infected with the blood-borne virus. It can take decades to cause liver damage, and many people don't know they're infected.

CDC officials say the new measure could lead 800,000 more baby boomers to get treatment and could save more than 120,000 lives.

"The CDC views hepatitis C as an unrecognized health crisis for the country, and we believe the time is now for a bold response," said Dr. John Ward, the CDC's hepatitis chief.

Full Article and Source:
All Baby Boomers Should Be Tested for Hepatitus C, The CDC Decides

Missouri House Votes to Expand State's Elder Abuse Law

noreply@blogger.com (NASGA) — Thu, 24 May 2012 05:00:00 +0000

Missouri's elder abuse law could soon be expanded to protect older citizens from financial exploitation.

The House voted 147-2 in favor of legislation that makes it a crime for those with authority over an elderly person to take advantage of that person's state of mind for financial gain.

The provision would apply to people who have guardianship, power of attorney or some other financial management role for seniors.

If someone steals money from an elderly person that had been intended to cover nursing home expenses, a judge could order that the money be paid to the home.

Supporters say some senior citizens need more protection because of their age and health.

The measure has already been approved by the Senate and now goes to Gov. Jay Nixon.

Elder abuse bill is SB689.

Source:
Missouri House Votes to Expand State's Elder Abuse Law

Lawyer Sues Judge, 2 Others in Rosa Parks Estate Case

noreply@blogger.com (NASGA) — Wed, 23 May 2012 05:02:00 +0000

In a highly unusual move, a lawyer is suing a Wayne County probate judge and two court-appointed lawyers, accusing them of looting the estate of the late civil rights icon Rosa Parks.

Attorney Stephen G. Cohen said in court papers that Judge Freddie Burton Jr. conspired with probate lawyers John Chase Jr. and Melvin Jefferson Jr., enabling the pair to rack up more than $507,000 in mostly unnecessary legal fees that drained Parks' estate of its cash, leaving it $88,000 in debt.

Cohen also said Burton, through secret hearings and improper rulings, allowed the pair to concoct a bogus breach of confidentiality dispute. Cohen said Burton used the dispute to strip Elaine Steele and the Rosa and Raymond Parks Institute that she created with Parks of their share of Parks' property, said to be worth up to $8 million .

"Chase and Jefferson, together with Judge Burton, illegally, maliciously and wrongfully conspired... for the illegal purpose of raiding Mrs. Parks' estate of its value," Cohen said in a 38-page probate petition.

He requested a jury trial in probate court and asked Burton to remove himself from presiding over Parks' estate.

Burton declined to comment on the dispute, the latest twist in a long-running battle that began when Parks' nieces and nephews challenged the validity of her trust after her death in 2005. Chase and Jefferson didn't return calls seeking comment.

Probate experts predicted Cohen's move would fail.

Full Article and Source:
Lawyer Sues Judge, 2 Others in Rosa Parks Estate Case

See Also:
Rosa Parks Estate Battle Ruled

VT Governor Shumlin Vetoes Increased Protection Reporting Bill

noreply@blogger.com (NASGA) — Wed, 23 May 2012 05:00:00 +0000

Gov. Peter Shumlin vetoed a bill Wednesday calling for greater information sharing by a state agency that is being sued for allegedly falling down on its job of protecting the state's elderly and disabled from abuse and exploitation.

Shumlin's veto of the measure calling for increased reporting by the state's Adult Protective Services division came five months after groups representing the elderly and disabled sued Vermont, saying the state had a backlog of hundreds of investigations of physical abuse and financial exploitation of its most vulnerable residents.

Lawmakers responded to the concerns raised by groups Disability Rights Vermont and the Community of Vermont Elders by passing a bill calling for greater performance reporting by APS, which is a division of the state Department of Disabilities, Aging and Independent Living. That department, in turn, is part of the Agency of Human Services.

Shumlin called the bill "an example of misplaced good intentions. By requiring expensive, time-consuming, and duplicative reports by the Agency of Human Services to the legislature, this bill distracts AHS from doing its job: protecting our most vulnerable Vermonters," he said in a written veto message.

"I am vetoing this bill because it does nothing to advance the goal of protecting those vulnerable Vermonters, adds yet another layer of bureaucracy to state government, and wastes taxpayer dollars," Shumlin added.

Full Article and Source:
Shumlin Vetoes Increased Protection Reporting for Elderly

Witherspoon Conservatorship: Sealing of Conservatorship Cases Raises Concerns

noreply@blogger.com (NASGA) — Tue, 22 May 2012 05:01:00 +0000

When a Davidson County judge closed his courtroom to the public during a conservatorship case involving actress Reese Witherspoon's father last week, he didn't just close a day's proceedings: He sealed the entire case history, something he has done in only a handful of other recent cases.

In sealing the case from public view, 7th Circuit Court Judge Randy Kennedy said the prejudice that would befall the Witherspoon family outweighs the public's right to know. Kennedy sealed the entire case file - not just individual medical or financial records - and required the media to leave the courtroom.

But completely blocking access can hinder efforts to curb guardianship abuse and prevents the public from performing its watchdog role over the court system, conservatorship reform advocates and a First Amendment expert said.

Of the first 528 probate and conservatorship cases filed in the first three months of 2012 in Davidson County, only five have been sealed, a review of court docket records shows. Kennedy handles both types of cases.

Kennedy said in court May 11 that there was a precedent for closing the Witherspoon hearing and sealing the records.

"There are numerous conservator cases that this court and courts across the state have placed under seal," Kennedy said before ordering reporters from the courtroom Friday.

"The primary overriding justification for that has, in my estimation, been the protection of the private interests of those private citizens whose health records, financial records and personal courses of conduct would otherwise be laid open to the scrutiny of the public, thereby jeopardizing them."

Reese Witherspoon went to court last week with her brother for an emergency hearing on whether her father, Dr. John D. Witherspoon, should be placed in a conservatorship.

The family contacted Kennedy's assistant directly about having the case addressed before filing any paperwork with the court. The hearing took place at 3 p.m. May 11 in a nearly empty courthouse and not on the judge's regular 10 a.m. docket.

The outcome remains unknown because even the judge's order is sealed. Kennedy decided to seal the entire case, rather than redact only the most sensitive private information.

Full Article and Source:
Sealing of Conservator Cases Raises Concerns

See Also:
Witherspoon Conservatorship Proceedings in Judge Randy Kennedy's Courtroom

Judge Randy Kennedy Schedules Hearing Regarding Sealed Witherspoon Records

noreply@blogger.com (NASGA) — Tue, 22 May 2012 05:00:00 +0000

Circuit Court Judge Randy Kennedy on Monday ordered a hearing to determine whether records and hearings involving Reese Witherspoon’s father will be open to the media and public.

Witherspoon is attempting to have her father, Dr. John Witherspoon, placed under a conservator, who would act as his legal representative because of concerns about his competency. The Hollywood actress’ actions came after he was accused of marrying Tricianne Taylor, while still married to Mary Elizabeth “Betty” Witherspoon.

Kennedy on May 11 ejected the media from a hearing and ordered all court records in the case sealed. The Tennessean and WSMV-TV Channel 4 objected to the closures and have filed a joint emergency motion to have all proceedings opened to the public.

In response to that action, Kennedy on Monday ordered a hearing to argue the motion at 1:30 p.m. June 1. The Witherspoons’ attorney, Andra Hedrick, and John Witherspoon’s temporary guardian, attorney Winston Evans, declined to discuss the case after Monday’s hearing.

Source:
Judge Agrees to Hear Arguments to Unseal Witherspoon Records

NY: Attorney for Department Disciplinary Committee Sues Court System

noreply@blogger.com (NASGA) — Mon, 21 May 2012 05:02:00 +0000

An attorney for the Appellate Division, First Department's disciplinary committee alleges in a federal lawsuit that she was sexually harassed by two now-retired officials at the watchdog agency while a third retaliated against her for complaining.
Nicole Corrado also suggests that after she lodged a complaint officials retaliated by targeting her attorney in an unrelated property matter. She claims that the committee launched an investigation into allegations of bribery and forgery against her attorney, and then suddenly dropped the matter when he abandoned her case.

Additionally, Corrado claims she was punished for supporting a lawsuit brought against the court system by a colleague.

Corrado v. New York State Unified Court System, 12-cv-1748, filed in the Eastern District on April 10, alleges violations of the Civil Rights Act of 1964 (See Complaint).

Corrado, who has served as a principal attorney at the disciplinary committee since 2006, claims she endured years of harassment by her supervisor, Andral Bratton, and that the committee's chief investigator, Vincent Raniere, touched her inappropriately and forcibly kissed her on several occasions.

According to the complaint, when Corrado reported the "pattern of sexual harassment" by Bratton and Raniere in 2008, the court system referred the matter to its inspector general. However, only the allegations against Bratton were investigated, the complaint claims.

The complaint states that Bratton admitted during the Office of the Inspector General probe that he was "smitten" with Corrado and crossed "an emotional boundary." Bratton was transferred to another unit at the same salary and Corrado was simply told to "avoid" him, according to the complaint.

Corrado alleges that while her sexual harassment complaint was pending, she retained an attorney to represent her in an unrelated action involving a property dispute. She claims the disciplinary committee instigated an investigation into that attorney—who is not named in her complaint—involving allegations of bribery and forgery.

Corrado contends that after the attorney withdrew from her case and her claim was dismissed, all of the ethical charges against her lawyer were dropped. She claims that because of her attorney's abrupt withdrawal, her civil case was dismissed and she was "ultimately forced to settle her case for a fraction of its value."

Bennitta Joseph of Borrelli & Associates in Great Neck, who is representing Corrado in the civil rights claim, declined to identify the allegedly intimidated attorney who represented her client in Corrado v. East End Pool & Hot Tub.

Corrado also claims in her complaint that she was retaliated against for supporting the claim of a colleague who accused the agency of racial discrimination.

The complaint does not identify that employee, but Joseph confirmed in an interview that it was Christine Anderson, a former staff attorney who alleged she was wrongfully discharged in June 2007 on a pretext of insubordination after she revealed that the panel was protecting well-connected attorneys. A jury rejected her claims, and the U.S. Court of Appeals for the Second Circuit affirmed the verdict (NYLJ, Oct. 30, 2009).

Corrado contends that after she agreed to corroborate Anderson's allegations of "racial discrimination and other improper conduct" by the disciplinary committee, Alan Friedberg, the committee's chief counsel, threatened her and gave her an unreasonable workload. Additionally, Corrado says Bratton threatened her.

In light of Corrado's complaint, Anderson has asked the Second Circuit to reinstate her claim. Anderson contends in her petition that Corrado, who testified on her behalf at a deposition but not at trial, "was threatened and chilled into not testifying" at her trial, constituting a "manifest attack on our system of law and a clear denial of appellant's right to a fair trial."

Corrado claims that because of the anxiety and stress from the harassment she endured at the disciplinary committee she took a two-year unpaid leave of absence between 2009 and 2011, returning only after Bratton, Raniere and Friedberg had left. According to the Office of Court Administration, all three took advantage of an early retirement incentive in the fall of 2010.

"She feels like she has to do something," Joseph said. "She took a two-year leave of absence because the environment had become so toxic, and then once all the offending parties left, she came back."

Raniere said the allegations are false. "I didn't do a damned thing," he said.
Friedberg declined to comment. Bratton could not be reached.

David Bookstaver, a spokesman for the Office of Court Administration, declined to respond, noting that the court system does not comment on pending litigation.

Source:
Attorney for Department Disciplinary Committee Sues Court System

Florida Bar Report Proposes New Attorney Discipline Standards

noreply@blogger.com (NASGA) — Mon, 21 May 2012 05:02:00 +0000

The Florida Bar may need to hold lawyers to a “higher standard” when it comes to misconduct, according to a much-anticipated report by the Hawkins Comission on Review of the Discipline System.

The commission was formed in the wake of two major scandals that rocked the legal profession in Florida – the Scott Rothstein Ponzi scheme and the robo-signing controversy over forged foreclosure docuements.

The report recognizes that the Florida Supreme Court is moving toward “stronger sanctions” for attorneys who commit wrongdoing on the job.

Although light on detail, the report recommends that the Florida Bar acknowledge the court’s strong sanctions: “The Court and The Florida Bar have a duty to protect the public from harm by lawyers and it may be that holding lawyers to a higher standard may increase the reputation of all lawyers in the eyes of the public.”

Full Article and Source:
Florida Bar Report Proposes New Attorney Discipline Standards

Linda Kincaid Reports: Fire, Safety Violations at Wildwood Canyon Villa

noreply@blogger.com (NASGA) — Sun, 20 May 2012 05:02:00 +0000

Department of Social Services (DSS) has cited Wildwood Canyon Villa for many licensing violations. The residential care facility for the elderly, located in Yucaipa, CA, has a history of substandard care.

•2004: Meds stored residents’ rooms
•2004: Missing criminal record checks
•2004: Missing doctor’s orders for diabetic resident
•2004: Missing required documents in resident’s files
•2004: No first aid certification for Activities Director
•2005: Pulse readings taken by staff without training
•2005: No documentation that old meds were destroyed
•2006: Insufficient staff in memory care unit
•2006: Bed rails used without doctor’s orders
•2007: No proof of training for care of hospice patient
•2007: No fire clearance for bedridden residents
•2010: Violated resident’s personal rights
•2011: Placed resident’s mattress on the floor
•2012: Defective magnetic latch on fire door
•2012: Blocked bedroom egress with oxygen bottles

Full Article and Source:
Fire Code Violations and Safety Violations at Wildwood Canyon Villa

NC: Nearly 20K Reports of Elder and Disabled Abuse Last Year

noreply@blogger.com (NASGA) — Sun, 20 May 2012 05:00:00 +0000

There were nearly 20,000 reports of abuse, neglect or exploitation of elderly citizens and younger adults with disabilities made to North Carolina's county departments of social services in 2011, according to data released by the North Carolina Department of Health and Human Services (DHHS).

In response to these numbers, Governor Bev Perdue dedicated $2.3 million in her budget to support an innovative Adult Protective Services pilot program in six counties across the state.

She also proclaimed May 11 through June 18 Vulnerable Adult and Elder Abuse Awareness Month - the time period between Mother's Day and Father's Day weekends - and urged all North Carolinians to take extra time and care to check on vulnerable neighbors, friends and family members.

Governor Perdue recognized that the state's current adult protective services program is outdated and ill-equipped to respond to the needs of and threats to seniors and younger adults with disabilities. Current law does not allow for proactive, preventative measures for responding to adults at risk of abuse, neglect or exploitation. This leaves a potentially dangerous gap in the supports available to vulnerable adults, including our growing elderly population which is expected to double in the next 20 years.

"We need to be more aware of our neighbors who may be at risk," said DHHS Secretary Al Delia. "If abuse or neglect is suspected, no matter what the age or level of ability, someone should be able to step in and offer assistance. The governor's investment in a system to protect older adults begins to fill a crucial gap in community care."

Full Article and Source:
Nearly 20,000 Reports of Abuse, Neglect of Elderly and Disabled in 2011

'The Dynamics of Elder Abuse'

noreply@blogger.com (NASGA) — Sat, 19 May 2012 05:02:00 +0000

The Chesterfield Council on Aging will present “Dynamics of Elder Abuse” from 9 to 10 a.m. on Thursday, May 24, at Lucy Corr Village, 700 Lucy Corr Blvd., Chesterfield.

Participants will look at the overall topic of elder abuse and elder financial abuse.
Bill Lightfoot of Lightfoot Consulting Associates will give an overview of elder abuse legislation on the state and national level. He is a retired police sergeant and has investigative experience in violent crimes, elder abuse and neglect and the abuse and neglect of incapacitated persons.

For reservations, or more information, call 768-7878

Source:
Elder Abuse Topic of Event

FL: VA Guardianship Under Fire

noreply@blogger.com (NASGA) — Sat, 19 May 2012 05:01:00 +0000

A judge berated Tallahassee lawyer Silas Eubanks for his handling of a Navy veteran's Department of Veterans Affairs guardianship.

The judge said the lawyer took fees from a veteran's income without court approval and threatened to find Eubanks in contempt.

What Eubanks did next angered the family of the disabled Navy veteran whose finances he handled: He got permission from the VA to end the guardianship overseen by the court, Eubanks confirmed. He would continue handling the man's VA income and would be paid, but with one important difference.

The VA, not the courts, would oversee his work.

Source:
VA Guardianship Under Fire

Talk Finances With Your Family

noreply@blogger.com (NASGA) — Sat, 19 May 2012 05:00:00 +0000

If adult children and their parents are supporting one another financially, how often are they discussing money worries? It turns out, though boomers are much more likely to report that they regularly discuss money matters with their family than they were in 2007 (50 percent vs. 39 percent), these conversations are only scratching the surface. In fact, four in 10 boomers (41 percent) admit they haven’t adequately discussed their current financial situation with their children and one-quarter (27 percent) say they rarely or never discuss retirement. If your family tends to put financial discussions on the back-burner, approaching them now among challenging economic times may be intimidating.

Full Article and Source:
Talk Finances With Your Family

Linda Kincaid Reports: Villa Fontana Under Investigation for Neglect and Elder Abuse

noreply@blogger.com (NASGA) — Fri, 18 May 2012 05:01:00 +0000

Department of Social Services (DSS) is investigating a myriad of neglect and elder abuse allegations at Villa Fontana.

The San Jose, CA residential care facility for the elderly openly acknowledged they have unlawfully isolated resident Gisela Riordan for over two years. “She doesn’t have the right to make decisions for herself,” said Jennifer Lan of Villa Fontana. Ms. Lan would not acknowledge that the Personal Rights, posted at left, apply to all residents.

Gisela has rarely been allowed visitors or phone calls since being placed at Villa Fontana in 2010. She has been allowed to see her son, Marcus Riordan, only three times in two years.

DSS is investigating the following complaints concerning Gisela’s care.
•Resident not allowed visitors
•Resident not allowed phone calls
•Resident lost substantial weight
•Resident may not receive adequate food
•Resident’s dentures are missing
•Resident’s eyeglasses need replaced
•Resident’s hearing aid needs calibrated
•Resident is denied access to hearing aid
•Resident has inadequate furniture in her bedroom (no chair or table)
•Resident has damaged furniture in her bedroom (dresser drawer broken)
•Resident has inadequate lighting in her bedroom
•Resident has no towels in her bathroom

On May 10, 2012 DSS visited Villa Fontana and began their investigation. Regulations require DSS respond to the complaints within ten days. Citations may or may not be issued, depending on cooperation from the facility.

Source:
Villa Fontana Under Investigation for Neglect and Elder Abuse

See Also:
Elder Abuse - Isolation by Public County Guardian in Santa Clara County, CA

NASGA - Gisela, California Victim

Prepare for the Financial Impact of Alzheimer's

noreply@blogger.com (NASGA) — Fri, 18 May 2012 05:00:00 +0000

In drawing up your financial plan for retirement, you may be setting aside money for new hobbies or extensive travel. But perhaps you also should prepare a financial contingency plan for Alzheimer's disease.

That may sound somewhat alarmist, but consider this: A decline in the ability to handle financial matters is one of the early signs of Alzheimer's. Seniors with mild symptoms -- forgetting to pay bills or struggling to balance a checkbook or calculate change -- are easy prey for fraudsters. And the cost of caring for someone with dementia can devastate even a healthy nest egg.

The risk of at least one spouse developing Alzheimer's disease is fairly significant, which makes creating a financial plan so important. According to the Alzheimer's Association, 13 percent of people 65 and older have Alzheimer's, and 43 percent of those 85 and older have the disease. Longer life expectancy among baby boomers will increase the prevalence of dementia.

As boomers age and the number of seniors grows, financial advisers and physicians are beginning to come to grips with the financial impact of dementia. AARP and the Financial Planning Association have released a guide for financial professionals on the special issues related to older clients. And in a study in the Journal of the American Medical Association in February 2011, researchers instructed physicians on recognizing signs of impaired financial capacity.

Full Article and Source:
Prepare for the Financial Impact of Alzheimer's

How to File a CMS Freedom of Information (FOIA) Request

noreply@blogger.com (NASGA) — Thu, 17 May 2012 05:02:00 +0000

Step 1 -In order to make a FOIA request, simply e-mail to: FOIA_Request@cms.hhs.gov or write to the CMS FOIA Office or the appropriate CMS Regional Office. The addresses and fax numbers for the CMS FOIA Office and the addresses, fax numbers, and e-mail addresses for the CMS Regional Offices are available at the "Where to File" link below.

Step 2 -For the quickest possible handling, please mark both your letter and the envelope "Freedom of Information Act Request." You should identify the records that you seek as specifically as possible in order to increase the likelihood that the CMS will be able to locate them. Any facts that you can furnish about the time, place, authors, events, subjects, and other details of the records will be helpful to us in deciding where to search for the records that you seek.

We have provided several sample FOIA request letters that you may want to use as a guide based on the type of information you are requesting from CMS.

Step 3 -Please note that if you are requesting medical records for someone other than yourself, you will need to complete a Medicare Authorization To Disclose Personal Health Information form along with your request. The Health Insurance Portability and Accountability Act (HIPAA) authorization form can be found in "Downloads" as Medicare Authorization To Disclose Personal Health Information. If the individual signing the valid authorization is not the beneficiary, then a Power of Attorney must be provided along with your request.

Step 4 -If you are requesting medical records for a deceased person, you must either A) include a copy of the document authenticating your authority as the executor, administrator, or other person authorized to act upon the behalf of the person for whom records are sought (such as probate court document, or orders of administration and/or executorship); or B) if you are not the executor of the estate, you must include a signed release authorization from the legal representative of the deceased, as well as the document authenticating the representative's authority (such as probate court document, or orders of administration and/or executorship).

Source:
ProbateAbuseManual: How to File a CMS FOIA Request

See Also:
Freedom of Information Act (FOIA)