National Association to Stop Guardian Abuse

Efforts intensify in Michigan to protect elderly, vulnerable adults

noreply@blogger.com (NASGA) — Tue, 18 Jun 2013 05:03:00 +0000

Macomb County Prosecutor Eric Smith

Elder and vulnerable adult abuse in recent years was like child abuse in the 1960s, says Macomb County elder advocate Marty Prehn.

It wasn’t talked about. It was kept in the family.

But that is changing, as elder advocates in Michigan have instituted a slew of laws and initiated programs to create awareness and protect elderly and vulnerable adults, over the past year.

“It’s been a long time coming,” said Rhonda Powell, former director of the Macomb County Senior Citizen Services Department and now deputy director of the state Office of Services on Aging. “There hasn’t been this big of a movement to protect elders in a long time. Unfortunately we’ve arrived at a point in time where these safeguards are needed.”

Full Article and Source:
Efforts intensify in Michigan to protect elderly, vulnerable adults

Court: Iowa lawyers overbilled ill Vietnam veteran

noreply@blogger.com (NASGA) — Tue, 18 Jun 2013 05:02:00 +0000

IOWA CITY, Iowa (AP) — Lawyers who billed a mentally ill Vietnam War veteran $125 per hour for "services," such as attending his birthday parties and taking him shopping, will have their licenses suspended for 18 months, the Iowa Supreme Court ruled Friday.

Keota law partners Donald Laing and Scott Railsback falsely claimed too many hours for providing conservator services to John KIein over three decades and charged excessive rates for services that didn't require legal training, the court ruled. The attorneys received $178,000 in excess fees while managing Klein's assets — even while he complained that they didn't give him enough money to buy cigarettes and energy drinks.

"They turned everything into a profit for themselves," said Oskaloosa attorney Garold Heslinga, who exposed the excess after suing Laing and Railsback on behalf of Klein in 2008. "They charged him to go visit him on his birthday. They charged him for going to Iowa City to buy presents to give some woman. It was just ridiculous."

He said the discipline should have come "a long time ago," and now may have little impact. The pair's former law firm has changed hands, and a secretary said Friday they've retired. Their phone numbers were disconnected.

Laing was appointed Klein's conservator in 1974 after Klein inherited valuable farmland and property. Then 24, he did not have a legal guardian at the time. Klein, who had a history of paranoid schizophrenia, depression and substance abuse, later inherited additional land and money worth hundreds of thousands of dollars.

The court said that Klein's illness and volatile behavior posed significant and time-consuming challenges for Laing and Railsback, who helped relocate Klein to residential care facilities in California, Colorado and Connecticut. When Klein lived on his own, he had trouble with crime, relationships and money management.

Klein, now 63 and living independently in Iowa, admitted that the men were very helpful over the years, even if they were tight-fisted.

The court credited Laing and Railsback for assisting Klein in the absence of relatives but found the two ultimately took advantage of the relationship through indefensible charges.

Full Article and Source:

Court: Iowa lawyers overbilled ill Vietnam veteran

Regulators Try to Stop Financial Abuse of Seniors

noreply@blogger.com (NASGA) — Tue, 18 Jun 2013 05:01:00 +0000

WASHINGTON –Two federal regulators are teaming up to help prevent financial exploitation of the elderly.

A new curriculum developed by the Federal Deposit Insurance Corp. and Consumer Financial Protection Bureau aims to help the elderly avoid being subject to financial scams and frauds.

Seniors are considered easy targets for predators, the regulators say. Insurance company MetLife MET +2.12%has found that older Americans lose $2.9 billion a year due to financial abuse.

Known as “Money Smart for Older Adults” the curriculum is designed to teach seniors and their care-givers about financial scams. It is also designed to ensure that older adults plan for a future in which they lose the capability to make financial decisions.

Officials envision the 2 1/2-hour curriculum being taught by providers of services to seniors as well as bank employees. It covers issues including veterans scams, identify theft, medical identify theft, scams involving reverse mortgages, planning for unexpected events and disaster planning.

Earlier this year, the CFPB found in a report that seniors are often confused by a wide array of professional titles designed to convey financial expertise.

Seniors, family members and care-givers should be wary of signs of financial abuse, said Richard Cordray, the agency’s director.

“Sometimes the indicators are obvious: funds disappearing from accounts, bills that go unpaid, belongings that are missing,” Mr. Cordray said. “Sometimes they are more subtle, such as electronic or ATM withdrawals that fly under the radar or a new friend or acquaintance showing up with power of attorney or being added on a joint account.”

Full Article and Source:
Regulators Try to Stop Financial Abuse of Seniors

Linda Kincaid Reports: California Assembly Judiciary Committee vote to curb elder abuse by conservators

noreply@blogger.com (NASGA) — Mon, 17 Jun 2013 05:04:00 +0000

San Francisco’s ABC7 I-Team investigated elder abuse by the Santa Clara County Public Guardian. See Public guardian under fire for isolating elderly.

AB937 aims to curb those abuses. See I-Team investigation gets woman more visits, law proposed.
The Declaration of Independence proclaimed that all persons have the right to “Life, Liberty, and the pursuit of Happiness.” However, some conservators routinely violate that “inalienable right” that was so clearly penned by Thomas Jefferson.

In Stanislaus County, June Guinn has not seen her family since 2008. The conservator will not disclose June’s location. Family fears that June is dead.
In Sacramento County, David Fettgather, a young man with Down syndrome, is allowed to see his father only on alternate weekends.
In San Joaquin County, the Public Guardian isolated Maria Jordanou from her family for the last month of her life. Maria died believing her family abandoned her.
In Los Angeles County, Helen Kasof was allowed only limited visitation with her son for 15 months.
In Santa Clara County, the Public Guardian isolated Gisela Riordan and Lillie Scalia beginning in 2010. Gisela was allowed no visitors, phone calls, or mail for over two years. Lillie was isolated for a year.
In San Bernardino County, Jean Swope was taken from her home, hidden from family, and isolated for 15 months. The conservator allowed no visitation and severely restricted phone calls.

Full Article and Source:
California Assembly Judiciary Committee vote to curb elder abuse by conservators

See Also:
Linda Kincaid Reports: Elder Abuse of June Guinn by Modesto, California Conservator

'David Fettgather: Dependent Adult Abused by Californial Conservator'

Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse: Public Guardian Takes Control of Gisela Riordan

Linda Kincaid Reports: Isolation and False Police Report in CA Facility

Disciplinary hearing begins for Wayne County Judge Bruce Morrow

noreply@blogger.com (NASGA) — Mon, 17 Jun 2013 05:02:00 +0000

(WXYZ) - Wayne County Circuit Court Judge Bruce Morrow is known by some inside his courtroom as “Cut ‘em loose Bruce,” a nickname started by those who think he’s too easy on accused criminals.

Now, it’s Morrow asking for leniency at his hearings before the Judicial Tenure Commission begin.

Today’s first witness was retired Wayne County Assistant Prosecutor Jeffrey Caminsky, who said Morrow “seemed to have some personal animus towards me.”

Caminsky said Judge Morrow improperly closed the courtroom in the high-profile murder case of Jean Pierre Orlewicz, after he’d been convicted of killing 26-year-old Daniel Sorenson.

When a hearing was held to ask for a new trial, Judge Morrow barred Channel 7 from attending. But then he went further. Even though the defendant didn’t ask for it, Morrow closed the courtroom to the public, and the victim’s family.

Full Article and Source:
Disciplinary hearing begins for Wayne County Judge Bruce Morrow

Elmer Cerano: Guardianship bills must be changed

noreply@blogger.com (NASGA) — Mon, 17 Jun 2013 05:00:00 +0000

“Death panels,” but this time a panel of one, again rears its ugly head supported by those who cautioned against it in the past.

Several bills are pending in the Michigan Legislature that, if passed, will expand the role and the authority of Michigan guardianship laws. The bills, as written, will allow guardians to invoke a “do not resuscitate” order for a certain group of individuals with disabilities who can not communicate their wishes. This is a very dangerous first step that will allow individual and corporate guardians the authority to prohibit resuscitation of people with disabilities. Here are the problems:

1. Some guardians, primarily court-appointed public guardians, have no prior knowledge of the individual or any type of substantial relationship with the incapacitated person. We do not believe that such a person should be allowed to make decisions of this magnitude on behalf of someone they hardly know.

2. These bills, as written, do not take into account the physical health status of the patient. As result, a perfectly healthy individual could be stripped of a long life due to the decision-making of a person who very well might be a stranger.

3. It allows guardians who may be inconvenienced by — or who may financially benefit from the patient’s death — to decide whether or not to resuscitate.

Full Article and Source:
Elmer Cerano: Guardianship bills must be changed

Oregon NASGA Member Erna Boldt Writes to Her Congressman for Help.....

noreply@blogger.com (NASGA) — Sun, 16 Jun 2013 05:04:00 +0000

Dear Rep. Blumenauer:

Sometime in 2004/2005 Your Portland office was informed by the Oregon Justice Department, that I was not in the class of the "indigent". That was a direct discrimination - and abuse against an elder citizen.

This has morphed into abuse under the American with Disabilities Act, ADA, Title II, in which the protection from Judicial Fundamental Attribution Error, "a type of abuse that occurs when exploitation, deception,mischaracterization, and intimidation are being used by an opponent for the strategic purpose of confusing the Trier of Fact and diminishing Ms. Boldt's ability to function in court", was ignored.

Not only have I been discriminated against, suffered the deprivation of my assets at my age, but this last matter has driven me to insolvency, because federal laws were not upheld in my 10 years of judicial tyranny in Oregon.

Someone needs to investigate, why federal law, including the federal Uniform trust code, and the American with Disabilities act (I was diagnosed under post stroke recovery, anxiety, depression, and post-traumatic stress disorder, translating into legal abuse, has been denied in Clackamas Circuit Court (5th judicial district). It is the duty of the Justice Department to investigate such complaint and disregard for my Constitutional rights.
Thank you,
Sincerely,
Erna Boldt

********************************************
In a message dated 3/5/2012 12:58:01 P.M. Pacific Standard Time, or03ebinbox@housemail.house.gov writes:
March 5, 2012
Erna Boldt

Ms. Boldt:
Thank you for taking the time to contact me.

I appreciate you bringing this issue to my attention. Since it is a legal issue, it is very difficult for me to get involved. As a Member of Congress, it would be inappropriate for me to give advice about legal matters. I don't have jurisdiction over the legal system or civil lawsuits.

If you haven't done so already, seeking legal counsel may be your best course of action. The office of the Oregon State Bar Association is a good resource for information on legal services and has a lawyer referral service.

Their phone number is 503-684-3763.

Thank you again for contacting me.
Sincerely, Earl Blumenauer
Member of Congress

Reform Lands Maricopa County Superior Court's Probate Court Top Honor

noreply@blogger.com (NASGA) — Sun, 16 Jun 2013 05:04:00 +0000

The National Association of Court Management has awarded Maricopa County Superior Court's Probate Court with the 2013 Justice Achievement Award.

The award recognizes comprehensive reform efforts of judicial officers, administrators and court staff over the last three years, according to a news release from the Superior Court of Arizona.

"It is clear that over the past few years the Maricopa County Probate Court has experienced significant reform and innovation under the able leadership of Probate Presiding Judge Rosa Mroz," said Superior Court Presiding Judge Norman Davis in the release.

"The process of improvement is by its nature perpetual, and the Maricopa County Superior Court has always, and will continue to strive for excellence in providing the public with the best judicial system possible," Davis said.

The Court will accept the award at the NACM Annual Conference on July 15.

The Justice Achievement Award was established in 1988 to recognize outstanding achievement and meritorious projects that enhance the administration of justice, according to the release.

In 2010, Superior Court received a Justice Achievement Award for the re-design of its CASA website.

Source:
Reform Lands Probate Court Top Honor

Warnings of Elder Abuse

noreply@blogger.com (NASGA) — Sat, 15 Jun 2013 05:02:00 +0000

There is a growing concern of elder abuse. Aging individuals that suffer from mental diseases like dementia are particularly vulnerable to abuse. Below are warning signs that can be helpful to raise a suspicion of elder abuse. Taken individually these warnings are not inherently meaningful. However, any combination of these signs could indicate a problem with abuse.

The caregiver is secretive about the elder’s finances.
The elder is financially supporting the caregiver.
The caregiver isolates the elder from others.
The caregiver insists on being in the room when anyone else is present.
The caregiver has a history of substance abuse.
There are changes in the estate planning paperwork.
The caregiver moves the elder to his home without warning.

Source:
Warnings of Elder Abuse

Boomers are Killing Themselves at an Alarming Rate -- Why?

noreply@blogger.com (NASGA) — Sat, 15 Jun 2013 05:01:00 +0000

Last spring, Frank Turkaly tried to kill himself. A retiree in a Pittsburgh suburb living on disability checks, he was estranged from friends and family, mired in credit card debt and taking medication for depression, cholesterol, diabetes and high blood pressure.

It was not the life he had envisioned as a young man in the 1960s and ’70s, when “people were more in tune with each other, people were more prone to help each other,” said Turkaly, 63, who owned a camera shop and later worked at Sears. “There was not this big segregation between the poor and the rich. . . . I thought it was going to continue the same, I didn’t think it was going to change.”

Turkaly said he regrets his attempt to overdose on tranquilizers, which he attributes to social isolation. But in one grim respect he is far from alone: He is part of an alarming trend among baby boomers, whose suicide rates shot up precipitously between 1999 and 2010.

It has long held true that elderly people have higher suicide rates than the overall population. But numbers released in May by the Centers for Disease Control and Prevention show a dramatic spike in suicides among middle-aged people, with the highest increases among men in their 50s, whose rate went up by nearly 50 percent to 30 per 100,000; and women in their early 60s, whose rate rose by nearly 60 percent (though it is still relatively low compared with men, at 7 in 100,000). The highest rates were among white and Native American and Alaskan men. In recent years, deaths by suicide has surpassed deaths by motor vehicle crashes.

Full Article and Source:
Baby Boomers Are Killing Themselves at an Alarming Rate, Raising Question: Why?

CA: Senate Judiciary Committee - AB937 Clarifies Conservatees' Rights

noreply@blogger.com (NASGA) — Fri, 14 Jun 2013 20:49:00 +0000

Source:
Senate Judiciary Committee - AB937 Clarifies Conservatees' Rights

Editorial: Not Enough Protection for Elders

noreply@blogger.com (NASGA) — Fri, 14 Jun 2013 05:04:00 +0000

June 14 is World Elder Abuse Awareness Day. Financial exploitation of elders is becoming the primary form of elder abuse, often involving family members or even close elderly friends who prey on seniors to gain control of assets. The elder need not have dementia to be victimized. These predators take advantage of physical disabilities — vision, hearing, mobility — to gain an elder’s trust and isolate the elder, to control communication, transportation, medical care and to access mail and credit cards, bank accounts and investments.

Legal mechanisms like power of attorney (POA), guardianship/conservatorship or healthcare proxy (HCP) can be obtained through misrepresentation, coercion, isolation and intimidation of an elder. The abuser then can use the victim’s assets to fight those trying to stop the exploitation.

Another form of abuse is “granny snatching”; an elder is taken out of state under false pretenses (a vacation?) to a perpetrator’s turf, isolated from the elder’s friends, family and familiar medical care. Once there, new legal and financial oversight (guardian, conservator, POA) is obtained. The elder rarely returns.

Full Editorial and Source:
Not Enough Protection for Elders

Judge quits to avoid discipline

noreply@blogger.com (NASGA) — Fri, 14 Jun 2013 05:03:00 +0000

Alamogordo jurist faced actions over alleged incompetence

SANTA FE – A state district court judge in Alamogordo has resigned to avoid possible disciplinary action by New Mexico’s highest court for alleged misconduct and incompetence in his duties.
District Judge William Brogan resigned Friday under an agreement approved by the state Supreme Court, which released a copy of its order on Tuesday.

The Judicial Standards Commission had started disciplinary proceedings against Brogan for violations of the Code of Judicial Conduct since 2011, including repeatedly failing to follow rules for handing criminal cases.

The commission said the judge “failed to maintain competence in the performance of judicial duties” or was “unable to perform judicial duties competently and diligently.”

The judge required guidance from court staff and attorneys because of his lack of understanding of basic courtroom procedures, the commission said.

Other examples of the alleged misconduct included “failing to be fair and impartial,” improperly completing sentencing forms and “failing to devote adequate time to judicial duties by not scheduling hearings except emergency hearings on Friday and by not allowing hearings to be scheduled after 3:30 p.m.”

Full Article and Source:
Judge quits to avoid discipline

"Lovingly and Orderly"

noreply@blogger.com (NASGA) — Fri, 14 Jun 2013 05:02:00 +0000

With the imminent death of a mother tensions rapidly erupt in her household to dismantle and destroy her family as a consequence of evil.

During a time of obvious lamentation, a devoted son based on a divine covenant with his mother responded to uphold her honor after her sudden and tragic death.

Despite being confronted with one hindrance after another by the wicked acts of his dishonorable siblings, the son reveals a diabolical and criminal conspiracy in progress.

After being challenged and eventually dismissed by the Chicago Police Department, the son discovers that his mother was flagrantly violated upon her death by the suspects in connection with their criminal conduct through a onerous and intense investigation. The culmination of the illegal activity adversely impacting the deceased matriarch's estate occurs in the Circuit Court of Cook County, IL Probate Division. Would the probate court mandated by Illinois State Law to address the outstanding and pressing legal issues concerning the dearly departed in our society allow the criminal activity to be ignored in order to preserve the economic concerns of an influential financial institution?

Lovingly and Orderly: A Son's Lament is a real life account of the arduous task the son accepted upon his own free will inspired by God. The compelling drama is a true indication of the state of affairs in our free market, capitalistic society in the United States of America where guile and clout leaves room for doubt regarding justice in our nation.

Available at Amazon

PA Court Case Examines Health Care Power of Attorney, Living Will

noreply@blogger.com (NASGA) — Thu, 13 Jun 2013 05:04:00 +0000

Pennsylvania's Superior Court recently decided an important case concerning the validity of a health care power of attorney and living will once an individual becomes incapacitated: In re: Estate and Person of Russell R. Border Jr., an incapacitated person, 2013 PA Super 94 (April 23, 2013).

Because of the importance of the case and the need to recount facts, this will be a two-part article continuing next month.

In 2010, the Berks County Office of Aging filed a petition for appointment of a guardian on behalf of Border, a 62-year old resident of a nursing facility with chronic medical conditions and failing health. Border had a wife and two adult daughters.

In 2007, he executed a health care power of attorney naming his eldest daughter, Renee, as his agent.

The Office of Aging requested that Renee be appointed as guardian of Border's person and nominated an attorney, Sharon Gray, as guardian of the estate. The Orphans' Court Judge entered an order declaring Border to be an incapacitated person, appointed his daughter as guardian of the person, Gray as guardian of the estate, and revoked any other existing health care power of attorney previously executed by Border.

Two weeks later, the Office of Aging filed a motion for reconsideration based upon Renee's decision to remove Border from the nursing facility to return him to his residence, where she intended to care for him. The Office of Aging felt that Renee was not physically able to care for her father and that he belonged in a nursing facility. The Orphans' Court judge agreed and amended its order to appoint Gray as guardian of the estate. For two years, Gray served in the capacity of guardian of Border's person and estate, making all decisions regarding his care and finances.

In March 2012, Border was admitted to the ICU at Reading Hospital, placed on a mechanical ventilator with other forms of life-sustaining treatment. Border's physician contacted Gray to advise that Border's health condition was both terminal and futile, and requested that she authorize removal of life support. Border's family, including his wife, brother, sister and both adult daughters, all agreed with this recommendation. Gray disagreed and asserted her authority as guardian of Border's person to prohibit the removal of life support.

In 2007, Border executed a durable power of attorney for health care and living will, where he appointed his daughter, Renee, as agent. Border elected to have life-sustaining treatments under all categories of situations listed in the living-will document. He also opted for his preferences to serve as a "general guide," acknowledging that "in some situations, the person making the decisions for him may decide something different ... if they think it is in his best interest." Relying upon the living will and conversations between herself and Border (acknowledging, however, that those conversations took place after Border was already incapacitated), Gray refused to authorize removal of life support.

As a result of the conflict between Border's family and Gray as guardian, the hospital filed an emergency petition, seeking the removal of Gray as guardian and suggesting that Border's brother replace Gray. The Orphans' Court Judge did just that, directing that the brother had specific authority to withhold and/or decline any life-sustaining medical treatment, including removing Border from a ventilator.

Full Article and Source:
Court Case Examines Health Care Power of Attorney, Living Will

Petition: Chief White Owl's Law for Nursing Home Reform

noreply@blogger.com (NASGA) — Thu, 13 Jun 2013 05:01:00 +0000

There needs to be changes made in the Nursing Homes for Residents and Patients to have their 100% Resident Rights Granted. There needs to be Maximum Protection on All Residents and Patients Health and Safety throughout each Health Care Facility. There Needs to be improvements made to assure that each Resident gets the best care possible and that each and every Health Care Facility is fully staffed to care for the ones in need. There should not even be an issue as Nursing Home abuse and neglect. All Residents should be treated with dignity and respect. Together We Can ALL Make a Difference. Let's Make This a Better, Safer, and Healthier World To Live In For ALL!!

SIGN the petition

Supreme Court's Elder Law Task Force will tackle growing abuses to older Pennsylvanians

noreply@blogger.com (NASGA) — Thu, 13 Jun 2013 05:00:00 +0000

HARRISBURG - The Supreme Court of Pennsylvania has formed an Elder Law Task Force, chaired by Justice Debra Todd, to study the growing problems involved in guardianship, abuse and neglect, and access to justice. The task force has been charged by Chief Justice of Pennsylvania Ronald D. Castille with recommending solutions that include court rules, legislation, education and best practices.

According to the U.S. Census Bureau, the "over-65 population" is now larger in terms of size and percentage of population than it has been in any previous census. Pennsylvania currently ranks fourth in the nation in percentage of people 65 and older. As of the 2010 census, almost 2 million Pennsylvanians - 15.4 percent of the state's population - were over 65 and that number is projected to continue to increase substantially through the year 2020.

"The increased population of older Pennsylvanians has strained the resources of our courts and their ability to provide services to these individuals," Chief Justice Castille said. "The needs of this growing population will continue for years to come, especially in regards to guardianships, elder abuse and access to justice. Now is the time to put in place solutions that will allow older Pennsylvanians to age without worries that they will be abused or their money will be taken."

The task force is made up of 38 elder law experts including judges, lawyers and social workers. The task force will have three subcommittees, one devoted to appointment and qualifications of guardians and attorneys, a second on guardianship monitoring and data collection, and a third on elder abuse and powers of attorney. The work of the group will take approximately one year.

According to research funded by the National Institute of Justice, almost 11 percent of people ages 60 and older, or 5.7 million individuals, suffered from some form of abuse in 2009.

Full Article and Source:
Supreme Court's Elder Law Task Force will tackle growing abuses to older Pennsylvanians

CA: Bill to Protect Rights of People Under a Conservatorship (AB973) Moves Forward

noreply@blogger.com (NASGA) — Thu, 13 Jun 2013 00:59:00 +0000

A bill protecting the personal rights of people under a conservatorship passed the state senate judiciary committee Tuesday.

An ABC7 News I-Team investigation uncovered a case in which the Santa Clara County public guardian was restricting visitors to such people without a court order, even calling the police on I-Team reporter Dan Noyes when he tried to visit conservatees.

The bill, sponsored by Assm. Bob Wieckowski, D-Fremont, clarifies a conservatee's rights to have visitors, phone calls and personal mail.

The next step is a vote by the full state Senate.

Source:
Bill to Protect Rights of People Under a Conservatorship Moves Forward

See Also:
I-Team Investigation Gets Woman More Visits, Law Proposed

Family: Lawyer Stole Money Left by Dying Father for Kids

noreply@blogger.com (NASGA) — Wed, 12 Jun 2013 05:04:00 +0000

Derek Tate had expected money from a $500,000 life insurance policy would help with things like college and weddings for his children after he died of cancer in 2007.

Instead, much of the money was drained by a Macomb County attorney from the trust fund set up to financially help Tate’s sons, authorities said.

Buschmohle, 40, was charged in February, accused of writing checks to himself over a four-year period from the trust fund. The boys’ mother complained to the Attorney Grievance Commission, which contacted Warren police, after Buschmohle failed to return her calls as the boys reached the fund distribution age of 19, authorities have said.

Stephen Tate said he believes the money went to Buschmohle’s family and friends.

Buschmohle was expected to plead no contest [5/29/13] to embezzlement of $100,000 or more, a 20-year felony, in Macomb County Circuit Court, but the plea did not go off.

Assistant Prosecutor Sian Hengeveld said there was some misunderstanding with the terms and conditions of the sentence the judge was going to give. She said the sentencing agreement was for one year in the county jail and $315,000 in restitution, with 10% due at or before sentencing.

She said the prosecution and defense agreed on the $315,000 figure but there was a separate agreement between the judge and the defense on the jail time. Hengeveld said the Prosecutor’s Office is not offering anything, including a plea offer, and “we are not in agreement with the sentence.”

Buschmohle was disbarred effective May 22 and ordered to pay more than $462,000 in restitution, according to a notice Friday of disbarment and restitution posted on the state Attorney Discipline Board’s website. He had a notice of reprimand and restitution from the board in 2009.

The notices did not detail specifics of the complaints.

Full Article and Source:
Family: Lawyer Stole Money Left by Dying Father for Kids

NV: Former Prosecutor Files Federal Lawsuit Against County DA's Office

noreply@blogger.com (NASGA) — Wed, 12 Jun 2013 05:01:00 +0000

A former prosecutor who had a romantic relationship with embattled Family Court Judge Steven Jones is suing the Clark County district attorney’s office in an effort to clear her name.

In a federal lawsuit filed Friday by lawyer Gary Modafferi, Lisa Willardson denied she and Jones had a relationship while she appeared before the judge, though emails between the couple suggested they were dating at the time.

The 11-page lawsuit says the district attorney’s office spread “false statements” to Las Vegas news media about the relationship between Willardson and Jones, which slandered and defamed her and violated her civil rights.

According to the lawsuit, Willardson also was denied the opportunity for a “name clearing hearing” by the district attorney’s office.

Willardson is asking for an unspecified amount of damages, including back pay with interest.

Full Article and Source:
Former Prosecutor Files Federal Lawsuit Against Clark County District Attorney's Office

CT: Judge Once Suspended in Drunken Driving Case Faces New Discipline

noreply@blogger.com (NASGA) — Wed, 12 Jun 2013 05:00:00 +0000

Superior Court Judge E. Curtissa Cofield, suspended for eight months in a drunken-driving incident in 2009, faces a new disciplinary hearing June 19 for allegedly allowing child-protection cases involving 10 foster children to languish.

Disciplinary hearings against sitting judges in Connecticut are rare. There have been 12 since 1989, and Cofield's previous case was one of those dozen. The suspension she received in 2009 was the longest in at least 20 years

After Cofield returned to the bench, she was transferred from the adult criminal court to the juvenile court, which operates behind closed doors.

But problems surfaced earlier this year.

Full Article and Source:
Judge Once Suspended in Drunken Driving Case Faces New Discipline

I-Team Investigation Gets Woman More Visits, Law Proposed

noreply@blogger.com (NASGA) — Tue, 11 Jun 2013 16:00:00 +0000

An ABC 7 I-Team investigation is getting results for residents of the state's assisted living facilities.

A state Senate committee takes up a bill Tuesday to ensure county conservatees are allowed to have visitors freely. It seems like something that should be a basic right, being allowed to see family and friends whenever you want. But, one Bay Area public guardian severely restricted access to some of their clients. It even called the police after I tried to visit. Now, that's changing.
Source: I-Team Investigation Gets Woman More Visits, Law Proposed

See I-Team investigations leading to today's post and proposed law

Judge Randy Kennedy Orders Jeanan Mills Stuart Reimburse Double Billing

noreply@blogger.com (NASGA) — Tue, 11 Jun 2013 05:04:00 +0000

More than a year after the Davidson County public guardian double-billed a ward to take her on a shopping trip to Dillards and Walgreens, the judge in the case has ordered a repayment.

The 6.5 hour trip on Jan. 16, 2012, still cost Marlene Spalding $1,462.50, but now she won’t have to pay twice.

The double-billing and the cost of the shopping trip were exposed by The Tennessean in a story about Davidson County's public guardian, Jeanan Stuart, who charged legal rates of $200 to $225 an hour for non-legal services. The Tennessean also found several instances of double-billing.

Court records show 40 open cases assigned to Stuart have been handed over to new conservators.

Seven cases were turned over to the Greater Nashville Regional Council and six each were transferred to Fifty Forward and the Guardianship and Trusts Corporation. Both are nonprofits.

Townsend said some cases will also be assigned to the Michael Dunn Center, a nonprofit serving the developmentally disabled.

Sixteen cases were handed off to private attorneys with Adam Hill getting two and Travenia Holden getting four.

The court records show Stuart still must file final accounting reports in the reassigned cases by a July 31 deadline.

Full Article and Source:
Judge Orders Repayment in Shopping Trip Double Billing

See Also:
Judge Randy Kennedy Removes Public Guardian Jeanan Mills Stuart

KY: Judge Faces Suspension Over Threats Due to Cell Phone Call

noreply@blogger.com (NASGA) — Tue, 11 Jun 2013 05:01:00 +0000

A senior judge is facing a possible suspension over allegations of misbehavior and open displays of bias while on the bench, including an accusation that he threatened to strangle a defense attorney because of a phone call during a death penalty appeal.

The Kentucky Judicial Conduct Commission has scheduled a hearing for Tuesday in Paducah for Judge Martin McDonald of Louisville, who faces two counts of violating the rules of judicial conduct. Commission attorney George Rabe, in a memo recommending McDonald's suspension from the bench, noted that the judge had a stroke about 18 months ago that limited his ability to filter what he says.

Full Article and Source:
KY May Suspend Judge Over Death Penalty Case

Linda Kincaid Reports: Elder Abuse of June Guinn by Modesto, California Conservator

noreply@blogger.com (NASGA) — Mon, 10 Jun 2013 17:46:00 +0000

Stanislaus County Court records (Case Number: 387352) show June Guinn was placed under conservatorship on December 12, 2007. The court file lists professional fiduciary Laurie Jamison as conservator. Family and friends say Jamison has kept June hidden from her loved ones since April 2, 2008.

California’s Notice of Conservatee’s Rights states that a conservatee retains the right to “receive visits from family and friends.” California’s Handbook for Conservators further instructs: “When a person becomes a conservatee, he or she does not lose the right to visit with friends or family. … Do not isolate the conservatee by keeping friends or family away."

“ Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering."

This Examiner contacted Jamison for an interview and welfare check with June Guinn. Jamison refused and said, “That would be a HIPPA violation.” The U.S. Department of Health and Human Services specifies that HIPPA covers only medical information. HIPPA does not apply to an individual's location or general condition.

Professional fiduciary Jamison is committing elder abuse in unlawfully isolating June from her family and friends. As well as being a crime under Penal Code 368, elder abuse by a professional fiduciary is a licensing violation named in the Business and Professions Code 6584(d): “Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in, or related to, the practice of a professional fiduciary."

Advocates filed a complaint with the Professional Fiduciaries Board on Jun 9, 2013.

Source:
Elder Abuse of June Guinn by Modesto, California Conservator