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Governor mulling candidates for Macomb probate judge

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Gov. Rick Snyder should be appointing a Macomb County Probate judge in the coming weeks to fill the vacancy created following the fall election.

Snyder has received a list of finalists culled from a field of about 10 candidates to occupy the seat that was held by Judge Carl Marlinga, who was elected to a six-year term of the Macomb County Circuit Court bench last fall, two years before his probate term ended.

The State Bar of Michigan narrowed the field to a smaller number for the governor’s office to conduct additional interviews.

Among the attorneys who applied to complete final 20 or 21 months in the term are several hopefuls who have previously sought judgeships. Candidates include Assistant Macomb County Prosecutor Jean Cloud, prior probate judge candidate Sandra Harrision, Patricia Patterson, Warren City Council president Cecil St. Pierre, Armand Velardo and Robert Cella, according to Macomb Chief Judge James Biernat Jr. Biernat said there likely are other candidates of whom he was not aware.

Although Marlinga was elected to begin serving in circuit court in the new year, he has remained assigned to probate court until Snyder appoints his replacement. When the new judge takes over, Marlinga will move to circuit court to begin hearing circuit court civil and criminal cases.

Probate Judge Kathryn George, who was assigned to a family docket in the circuit court building in downtown Mount Clemens, has returned to probate court at North Rose and Dunham roads on the outskirts of Mount Clemens, although she is currently on medical leave.

Marlinga will take the courtroom currently occupied by Judge Rachel Rancilio, a family judge who will move to a smaller courtroom previously used by a juvenile court referee. Marlinga will require a larger courtroom because of security issues involving criminal defendants appearing before him.

Rancilio and Judge Michigan Servitto also were elected to six-year terms in November. Servitto presides over criminal and civil cases.

The new probate judge could seek re-election in fall 2018.

A Snyder spokeswoman did not return a call for comment.

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Governor mulling candidates for Macomb probate judge

'Horrific' veteran deaths covered up in Oklahoma state-run nursing home, insiders say

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Kevin Kimbrough survived 13 months of combat in Vietnam and the related post-traumatic stress disorder that plunged him into a dozen years of self-medicating with alcohol and drugs.

Between 2013 and early 2015, he even survived a major stroke and the amputations of both of his legs.

But two years at the Oklahoma Veterans Center in Talihina has left him battered and bruised, and two months ago, on the brink of death.

His sister, who moved halfway across the country to see to his care, has had enough. She’s transferring him to a state veterans home in Fayetteville, Arkansas, where the patient-to-aide ratio is a fourth of what it is at Talihina.

“We’re all gonna die. Kevin’s gonna die. But it’s gonna be on God’s time – not because you neglected him or failed to do your job!” said Molly Kimbrough.

Molly Kimbrough & brother Kevin
One state lawmaker is assisting top executives at the Oklahoma Department of Veterans Affairs with legislation to relocate the vets’ nursing home at Talihina to a larger city nearby because of two high-profile, questionable deaths in the last five months.

Those state officials have focused their public comments and concerns on local staffing challenges and the age and design of the converted, 1921 tuberculosis sanitorium on the outskirts of a remote, tiny town in the Ouachita Mountains.

But health-care workers from the highest to lowest levels of patient care at multiple ODVA-run nursing homes for veterans say the problems are in no way limited to Talihina – they’re systemic.

In a Tulsa World investigation, sources provided detailed accounts and documentation of systemwide reductions in medical and nursing staff, outsourcing of lab work and one-size-fits-all, top-down medical directives and policy changes. All the corners being cut and administrative decisions are driving out staff dedicated to the mission of veteran care and are compromising patient care and safety, sources say.

The Tulsa World verified the identities and clean state license histories of the workers and agreed to protect their identities because they fear retaliation by superiors.

Consistently, those who work directly with patients cited as the root of their concerns the centralized decision-making by ODVA’s top, new leadership — career military leaders without nursing home or long-term-care experience — and cover-ups and patient-blaming when mistakes, injuries and unnatural deaths occur.

“I don’t think it’s a Talihina problem,” said a high-ranking staffer. “The system is sick and it starts from the top down.”

The individual added: “There are deaths the public isn’t even aware of and there have been a lot more near-misses — lab work not done in a timely fashion or not at all; one nurse having to pass meds to 50 people within one hour of a meal; three aides to feed, toilet and clean 50 patients on a unit. When you spread people that thin, bad things are going to happen. And it’s veterans who are suffering.”  (Click to Continue)

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'Horrific' veteran deaths covered up in Oklahoma state-run nursing home, insiders say

Former court-ordered guardian indicted in massive fraud scheme

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April  Parks
A former court-ordered financial guardian in Las Vegas has been arrested and charged in an exploitation scheme involving more than $550,000 allegedly stolen from 150 people.

April Parks, owner of the business called A Private Professional Guardian, LLC, was charged along with her office manager, Mark Simmons, her husband, Gary Neil Taylor, and her attorney, Noel Palmer Simpson. A grand jury handed down 270 charges, the Nevada Attorney General’s office, Clark County District Attorney and Las Vegas Metropolitan Police announced in a statement.

The exploitation often involved billing schemes such as overcharging for house check-ins and court appearances, according to the indictment. Investigators said the company engaged in the fraud between December 2011 and July 2016.

The private practice was not affiliated with the Clark County court system.

The charges included 117 counts of perjury, 73 counts of offering false instrument for filing or record, 42 counts of theft, 37 counts of exploitation, and one count of racketeering. Parks received the most felony charges: 212.

Clark County District Attorney Steve Wolfson expressed his dismay: “Guardians are appointed to protect and serve their wards, who are some of the most vulnerable members of our community.”

Eighth Judicial District judge Jennifer Togliatti issued a “no bail” arrest warrant for Parks and Simmons.

Julian Gregory, Simmons’ defense attorney, did not respond to calls for comment.

Parks bolted from the state -- but police said they caught her Wednesday in East Goshen Township, Pa., and charged her with being a fugitive from justice.

Her bail was set at $500,000. Parks was remanded to Chester County Prison pending extradition to Clark County, Nevada.

The indictment was the culmination of a two-year investigation and came after the Nevada Supreme Court created a 25-member commission to study guardianship abuse in 2015.

Elaine Renoire, President of the National Association to stop Guardianship Abuse, told Fox News, “this case has given victims across the country hope.”

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Former court-ordered guardian indicted in massive fraud scheme

NASGA Legislative Liaison Brenda Kelly Nelum Interviewed by NBC Nightly News: Law Aims to Protect Medicare Patients from Surprise Hospital Bill

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M.J. Bricout of Texas is still paying off a $28,000 medical bill.
Three years ago, M.J. Bricout broke her leg. And then when she got to the hospital she says she was robbed.

"I was mugged. I feel like it's an appropriate word to use," said Bricout, who got socked with a $28,000 bill because her doctor categorized her as "under observation" instead of as an "inpatient" before she went into two months of rehab.

But on Wednesday, three years after NBC News first told Bricout's story, a new law goes into effect that requires hospitals to tell people orally and in writing that they are "under observation," effectively outpatients, and thus potentially liable for much larger bills that aren't covered by Medicare. More than 1 million patients will get these MOONs (Medicare Outpatient Observation Notices) every year, according to federal estimates.

Rep. Lloyd Doggett, D.-Texas, who co-wrote the Congressional bill that created the law, said two Nightly News reports on Bricout and others like her in 2014 inspired him to push for change.

Three years ago, M.J. Bricout broke her leg. And then when she got to the hospital she says she was robbed.

"I was mugged. I feel like it's an appropriate word to use," said Bricout, who got socked with a $28,000 bill because her doctor categorized her as "under observation" instead of as an "inpatient" before she went into two months of rehab.

But on Wednesday, three years after NBC News first told Bricout's story, a new law goes into effect that requires hospitals to tell people orally and in writing that they are "under observation," effectively outpatients, and thus potentially liable for much larger bills that aren't covered by Medicare. More than 1 million patients will get these MOONs (Medicare Outpatient Observation Notices) every year, according to federal estimates.

Rep. Lloyd Doggett, D.-Texas, who co-wrote the Congressional bill that created the law, said two Nightly News reports on Bricout and others like her in 2014 inspired him to push for change.

"In times of sickness and stress, patients should be focused on recovery, not unexpected threats to their bank account," Rep. Doggett told NBC News. "Now, patients will be armed with the knowledge they need to be their own best advocates."

What the new law does not do, however, is eliminate the loophole altogether. A bill reintroduced Wednesday by Congressman Joe Courtney, D-Connecticut, would make days spent "under observation" count towards qualification for Medicare coverage.

Brenda Kelley Nelum successfully challenged a five-figure medical bill.

[NASGA Legislative Liaison] Brenda Kelley Nelum of Virginia fought her husband's designation as "under observation" instead of "inpatient." Had she not succeeded, "It would have been a major hardship," she said. She and her husband, who later passed away, would've owed as much as $30,000 for 30 days of rehab.

"We would have been broke."

Full Article and Source:
Law Aims to Protect Medicare Patients From Surprise Hospital Bill

See Brenda's Original Interview in 2014:
How to Avoid Two Words That Cost Thousands in Medicare Bills
Brenda and her husband, Doc Nelum

Bill targets state nursing home issues

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State Sen Charles Schwertner
Texas does not do well by the more than 93,000 elderly and disabled people who depend on the services of nursing homes for their daily care.

That could be changing with recently introduced legislation to eliminate a loophole in the law that allows a large percentage of violators of nursing home regulations, even repeat offenders, to avoid fines.

The filing of the bills comes on the heels of a recently released report by AARP titled “Intolerable Care” that offers a troubling snapshot of what the organization calls the “Texas nursing home quality crisis.”

AARP’s findings are based on its review of multiple years of records from the Department of Aging and Disability Services, which licenses long-term care providers in the state. The lack of attention to the quality of care found in many of the state’s more than 1,200 nursing homes was blamed on the department’s lack of enforcement power under current law.

While the agency can cite nursing home operators for violations, its hands are tied when it comes to fining them. State law allows nursing homes to correct any violation without administrative penalty if the violation did not result in serous harm or the death of a resident, did not constitute a serious threat to health or safety, and did not limit the capacity to provide care.

Of the 17,466 licensing violations found in 2015, only 40 resulted in enforcement action. Many of those cited were repeat offenders. State records show that in fiscal years 2014 and 2015, about one-quarter of nursing homes accounted for 94 percent of all serious violations. Records show the state collected fines from only 22 of the 328 long-term care facilities that were cited.

There are no penalties assessed on 80 percent of the violations. That means limited incentive for nursing home operators to correct the violations, AARP found.

State Sen. Charles Schwertner, R-Georgetown, has filed legislation seeking to address the problems cited in the nursing home report. The proposed legislation eliminates the “right to correct” language in the nursing home regulations and imposes progressive sanctions based on the severity of recurring violations. It also requires all nursing facilities in the state to carry professional liability insurance coverage of $300,000 per occurrence and $1 million in aggregate.

The legislation will go a long way toward holding those responsible for providing long-term care for our state’s more vulnerable residents accountable.

Full Article & Source:
Bill targets state nursing home issues

Attorneys fight to save life of CA man

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Joe Williams collapsed in a hospital emergency room nearly eighteen months ago and suffered a major disability as a result.

He has responded to therapy that needs to continue, but a caregiver has sought to have him taken off life support.

He went without food for two weeks before Life Legal Defense Foundation intervened. Foundation director Alexandra Snyder tells OneNewsNow that the organization is fighting attorneys representing the other side.

"One of whom is Jon Eisenberg," she says, "who was the attorney for Michael Schiavo and who ultimately succeeded in getting Terri Schiavo killed, death by dehydration.”

Schiavo suffered brain damage during a heart attack and she died in 2005 after her husband persuaded courts to order life support removed.

Joining Eisenberg in the Williams' caregiver's case is an attorney from Compassion and Choices, an organization that promotes doctor-assisted suicide.

“So for the other side, this is no longer about Joe,” says Snyder. "It's no longer about compassion.

This is about an agenda and that agenda says if you're too needy, you're too dependent, you're too burdensome, you're too expensive, then you have to die.”

Life Legal has an agenda too, and that is to obtain court-ordered treatment for Williams to sustain his life and ultimately to return home for continued treatment.

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Attorneys fight to save life of CA man

Journal series sparks town hall on guardianship program

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ALBUQUERQUE, N.M. — “Who Guards the Guardians?” – an Albuquerque Journal series by reporter Diane Dimond – has triggered an exceptional response, so much so that the Journal, KANW-FM and the Albuquerque Department of Senior Affairs are sponsoring a town hall-style discussion on the issue of the state’s court-monitored guardianship program for senior citizens.

The event will be held in the Journal auditorium from 7 to 9 p.m. March 22 and will be broadcast live on KANW, 89.1-FM.

A panel of family members, advocates, judges, lawmakers, industry representatives and others will join Dimond in making presentations. Sen. Gerald Ortiz y Pino, former Rep. Conrad James and Mayor Richard Berry will be among members of the panel. There also will be an opportunity for audience participation.

Journal senior editor Kent Walz and Tom Trowbridge of KANW will serve as moderators. Reprints of the series will be available to those in attendance.

“This series touched a nerve in the community,” Walz said. “We hope that this forum can lead to better understanding and positive changes in a system that critics say is in dire need of repair.”

“If honoring a family elder is the purpose of this guardianship system, something is terribly wrong,” said Jorja Armijo-Brasher, director of Albuquerque Senior Affairs. “We definitely need to hold ourselves to a higher standard.”

The venue can accommodate about 50 members of the public, so advance sign-ups are required. If you are interested in attending, please let us know by sending an email to newsroom@abqjournal.com.

If you have questions you would like to ask the panel, please send them to the same email address. Because it will not be possible to ask all questions submitted, they will be selected in an effort to cover various points of interest.

If you go
What: Town hall meeting on New Mexico’s guardianship program
When: 7-9 p.m. March 22
Tune in: Broadcast live on KANW 89.1-FMSponsors: Albuquerque Department of Senior Affairs, KANW, Albuquerque Journal

Source:
Journal series sparks town hall on guardianship program

Woman wanted in Vegas busted in East Goshen

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EAST GOSHEN >> A fugitive learned the hard way that what happens in Vegas, doesn’t always stay in Vegas.

Westtown-East Goshen Regional Police Department received an alert at 4 p.m. on Wednesday from the FBI (Federal Bureau of Investigation) that a fugitive was seen at a local business in the 1300 block of Enterprise Drive in East Goshen Township. The FBI identified the fugitive as April Lynn Parks, 52, who was wanted in Nevada for felony theft charges. According to her online criminal report, she has an address in Malvern.

Members of the Westtown-East Goshen Regional Police Department said on Thursday that they, along with Willistown Township Police Department officers, arrested Parks without incident and confirmed through NCIC that she was wanted on a felony warrant issued by the Clark County District Court in connection with an indictment on Wednesday.

Westtown-East Goshen Regional Police announced that according to the indictment warrant, Parks was charged in Nevada with one felony count of racketeering, 33 felony counts of theft, 19 felony counts of exploitation of an older person, 18 felony counts of exploitation of and older person/vulnerable person, 9 felony counts of theft, 74 felony counts of offering false instruments for filing or record and 58 felony counts of perjury. The investigation in Las Vegas concentrated on a business operated by Parks that Las Vegas Metropolitan police said was supposed to provide guardianship to the elderly and disabled persons.

The Westtown-East Goshen Regional Police Department charged Parks with being a fugitive from justice. According to her online criminal report, Parks was arraigned before Magisterial District Judge Lori Novak Donatelli, who set bail at $500,000. Parks was remanded to Chester County Prison pending extradition to Clark County in Nevada.

In addition to the FBI and Willistown police, the Westtown-East Goshen Regional Police Department was assisted by East Whiteland police.

Full Article & Source:
Woman wanted in Vegas busted in East Goshen

Fugitive Arrested in East Goshen

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On March 8, at 4 p.m. the Westtown-East Goshen Regional Police Department was alerted by the FBI that a fugitive was at a local business.

The 52-year-old, identified as April Lynn Parks, was located in the 1300 block of Enterprise Drive in East Goshen Township. Members of the Westtown-East Goshen Regional Police Department and Willistown Township Police Department arrested Parks without incident and confirmed through NCIC that she was wanted on a felony warrant issued by the Clark County District Court in Nevada.

According to the Indictment Warrant, Parks was charged in Nevada with multiple felony counts of racketeering, theft, and exploitation of an older person. She also was charged with offering false instruments for filing felony counts of perjury.

The investigation in Las Vegas concentrated on a business operated by April Lynn Parks that was supposed to provide guardianship to elderly and disabled persons. Parks was arraigned before Magisterial District Judge Lori Novak Donatelli, who set bail at $500,000. Parks was remanded to Chester County Prison, pending extradition to Clark County, Nevada.

Full Article & Source:
Fugitive Arrested in East Goshen

Woman Wanted On Dozens Of Charges In Las Vegas Arrested In Chester County

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PHILADELPHIA (CBS) — A woman wanted in Las Vegas on dozens of charges has been apprehended in Chester County.

Authorities say the Westtown-East Goshen Regional Police Department was alerted by the FBI that April Lynn Parks, 52, was at a business on the 1300 block of Enterprise Drive in East Goshen Township.

Officers arrested Parks without incident and confirmed she was wanted on a felony warrant in Clark County, Nevada.

According to the indictment warrant, Parks was charged in Nevada with racketeering, theft, exploitation of an older person, exploitation of and older person/vulnerable person, theft, offering false instruments for filing or record and perjury.

Authorities say the investigation in Las Vegas focused on a business operated by Parks that was supposed to provide guardianship to the elderly and disabled.

Westtown-East Goshen Regional Police charged Parks with being a fugitive from justice and she was arraigned. Her bail has been set at $500,000.

Parks was remanded to Chester County Prison pending extradition to Clark County, Nevada.

Full Article & Source:
Woman Wanted On Dozens Of Charges In Las Vegas Arrested In Chester County

Farmington Hills lawyer charged with raping incapacitated woman

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Daniel Carlson arrested for third-degree criminal sexual conduct

Daniel Carlson
FARMINGTON HILLS, Mich. - A 33-year-old Farmington Hills lawyer was arrested Wednesday on charges of raping an incapacitated woman.

Daniel Carlson was arrested for third-degree criminal sexual conduct and felony obstruction of justice at a home in Farmington Hills.

Police said Carlson is accused of sexually assaulting an incapacitated woman in October 2016 and failing to comply with a court-ordered search warrant for evidence.

Carlson was arraigned Thursday in 77th District Court on both felony charges. He is being held on $175,000 bail.

Anyone with information on the case is asked to call police at 231-592-0150.

Full Article & Source:
Farmington Hills lawyer charged with raping incapacitated woman

Deference to law commission stops guardian reforms cold

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ALBUQUERQUE, N.M. — The Uniform Law Commission has powerful influence over the laws of the land, yet few people know about it. Established in 1892, all of its approximately 350 commissioners are lawyers who come from every state plus the District of Columbia, Puerto Rico and the U.S. Virgin Islands.

Every state and territory is a ULC signatory, but they are not obligated to accept the commission’s “best practices” work product.

ULC commissioners regularly debate legal issues, formulate new legal language and urge all states to accept the uniform set of laws they devise. There are more than 100 different committees within the commission tackling issues as diverse as real estate law and presidential electors to internet privacy and court-ordered guardianships.

It usually takes at least two years for a ULC committee to finish its work on an issue and present final language to the full commission for approval. Only then is the language transmitted to states for consideration.

The ULC committee on Guardianship and Protective Proceedings has been working on drafting new safeguards since April 2015 and expects final language to be ready for a full commission vote by July. Its proposed bill considers all types of potential guardianships, including those appointed for children and disabled or elderly people.

New Mexico is a faithful adherent to ULC recommendations, having signed on in 1908, even before statehood.

“New Mexico is one of our top-ranking states in terms of pure numbers of ULC acts adopted,” said the ULC’s Katie Robinson.

New Mexico’s delegation numbers 12. The New Mexico Legislative Council appoints four legislators and four other members of the state bar. The governor has two appointees, and the dean of the University of New Mexico law school has a seat.

There are rules requiring appointments from both major political parties, and any lawyer who has represented the state at the ULC for 20 years or more has a spot.

New Mexico’s commissioners include Reps. Zachary Cook, R-Ruidoso, and Antonio (Moe) Maestas, D-Albuquerque, and Sens. Cisco McSorley, D-Albuquerque, and William Payne, R-Albuquerque.
Other New Mexico commissioners include Raul E. Burciaga, John (Jack) Burton, Matthew Chandler, Robert Desiderio, Philip Larragoite, Patrick Rogers, Raymond G. Sanchez and Paula Tackett.

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Deference to law commission stops guardian reforms cold

Guardianship reforms DOA in New Mexico

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Efforts to reform New Mexico’s system of court-approved guardianships for the elderly have met with frustration and failure – to the chagrin of families caught up in a system many say leaves them as helpless bystanders when a loved one is declared a ward of the court with no say in his or her life.

No one knows that frustration better than former Rep. Conrad James, an Albuquerque Republican.
James, who did not seek re-election last year, carried legislation in 2016 that addressed a frequently heard complaint: that guardians or conservators who become annoyed with family members can – and do – arbitrarily bar (or sharply curtail) them from visiting an aging family member who has become a “protected person.”

James’ bill would have required judicial approval before visitation could be cut off – and only if a clear danger to the ward could be demonstrated.

Former Rep. Conrad James
Conrad’s colleagues in two house committees voted to approve the bill and it passed out of the full house toward the end of the 2016 session. It went no further as the Senate did not have time to consider it.”

“I have carried a number of controversial bills,” James told the Journal. “I have never received, or seen in a committee hearing, the kind of anger and blowback that I saw with this bill – one that I thought was a very commonsense, straightforward bill.”

James attributed the blowback to lawyer-lobbyists who work in the elder guardianship system or who have associates who do.

The legislation’s fate was particularly disheartening to reform advocates, who say the best safeguard against elder exploitation is to keep a trusted family member close to the protected person as an extra set of eyes. In the past, some elders who have been isolated from their families have died without being able to see their adult children for months or years.

James isn’t alone in watching a guardianship reform proposal killed. Other lawmakers who have sought to address complaints about the guardianship system in previous years have fared no better.

And lawmakers considering introduction of elder guardian reform measures this year threw in the towel before they even introduced the legislation, when leadership in the Democrat-controlled Legislature made it clear no legislative solutions would be entertained this session.

Can’t wait

The Albuquerque Journal published a six-part investigative series on the guardianship system late last year, detailing how it is administered and the devastating effects critics say it can have on an aging person who becomes a “ward of the court” and their families.

James, a Sandia National Laboratories scientist who has also served as a University of New Mexico regent, is among those who believe reform is urgently needed in a system that routinely declares mentally frail elders “incapacitated” and with that designation strips them of their civil rights. They no longer have the power to manage their own affairs – from health care to finances.

“I’m a scientist and engineer,” James said. “I’m perfectly willing to have a 60 percent solution to get the ball rolling on something. Some legislators want to get it to 80 or 85 percent.”

“We can’t sit around and wait for perfect.”

He worries that bad things could happen to good families while solutions to the problem are put off year after year.

Secrecy rules

Acting at the request of a lawyer – who often represents one family member who is aligned against others – judges typically appoint strangers recommended by that lawyer to take both personal and financial control of an elderly person’s life. In many cases, there is little subsequent court supervision or auditing of their actions.  (Click to Continue)

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Guardianship reforms DOA in New Mexico

‘Columbo’ bill seeks to curb guardian power

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ALBUQUERQUE, N.M. — While New Mexico waits, several states are moving ahead with key reforms.

Catherine Falk
Arizona, Hawaii, New York, South Dakota, Tennessee, Utah and the U.S. Virgin Islands all passed versions of the so-called Peter Falk bill last year – legislation that originated with the late “Columbo” actor’s daughter, Catherine Falk.

She was denied visitation with her father at the end of his life, not because a court appointee stopped her, but rather because her father’s second wife did. She says she learned of her father’s death in 2011 from the media.

Falk urges states to pass legislation that declares: “A guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications.”

The Falk bill also requires guardians to alert applicable family members when their loved one’s residence changes and when he or she develops a life-threatening condition or dies.

Falk told the Journal she and representatives of the National Association to Stop Guardian Abuse met with New Mexico Senate Majority Leader Peter Wirth, D-Santa Fe, in the summer of 2015.

“We were (working) full force with his legal drafters and we came up with a draft bill … in December 2015,” she said. “It got nipped really quick. We were told this language is too dicey and we want to wait for the ULC law committee.”

Wirth declined to comment to the Journal for this story.

Asked what she believes the chances are for passage of the Falk bill in New Mexico, Catherine Falk said, “Very bleak. The biggest forces there are working against us. They are powerful and have deep pockets, and it’s very difficult to combat that.”

Begging for reform

Falk isn’t the only activist frustrated by the inability to enact elder guardianship safeguards in New Mexico.

Marcia Southwick
“I’ve been speaking with legislators since the 2013 legislative session,” said Santa Fe resident Marcia Southwick, co-director of the National Association to Stop Guardian Abuse, in describing the times she has discussed the issue with lawmakers and, literally, begged for reforms.

“I got up at committee hearings and said, ‘No one is monitoring this system!’ I’ve heard from many family members who say they have nowhere to turn.”

Southwick says she has been told the legislative leadership was waiting for proposals from the Uniform Law Commission, a national group of lawyers that proposes uniform laws for states to consider.

Southwick’s organization and other concerned groups monitoring draft versions of guardian reform as they are produced by the ULC committee on Guardianship and Protective Proceedings say they are discouraged because, they believe, proposed new language still benefits the for-profit players and does nothing to acknowledge or rein in problem guardians, conservators or caretakers.

Full Article & Source:
‘Columbo’ bill seeks to curb guardian power

Assisted living facility under investigation for elder abuse, neglect

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LANSDOWNE, Md. - Baltimore County police are investigating an assisted living facility after receiving reports of possible elder abuse.

According to police, a cousin of a resident at an assisted living facility said that she went to visit and found her relative tied to a chair. She also informed police that she saw a pair of moldy dentures by the bathroom sink. She reported the possible abuse to authorities on March 8.

Police and two representatives from the Office of Health Care Quality (OHCQ), a division of the Maryland Department of Health and Hygiene met with the owner at the facility. When the officer and the OHQC representatives began to conduct a site inspection, the owner told them that all of the residents were off-site at the movies.

Upon further inspection, the officer found two residents in a locked room on the first floor and 12 residents in a locked room on the second floor. Sixteen residents between the ages of 50 and 95 were living in the facility, but the facility was only licensed for four residents, according to police.

Medics assessed the condition of all residents at the scene and one was taken to the hospital for treatment of a non-life threatening injury. The OHQC representatives assisted in moving all of the residents to different facilities.

The investigation is still ongoing. Once the investigation is complete, the information will be sent to the Baltimore County State's Attorney's office for review. 

Full Article & Source:
Assisted living facility under investigation for elder abuse, neglect

NM system appears to favor first petitioner

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Judge Steven Gevercer
ALBUQUERQUE, N.M. — Mary Louise Terry’s case was one of 415 filed statewide in 2016 seeking court approval to place an adult under guardianship or conservatorship or both, according to a spokesman for the New Mexico Administrative Office of the Courts.

Her case exemplifies the unwritten practice in New Mexico that critics say stacks the deck in favor of the family members or others who go to court to try to have a person declared incapacitated and placed under a guardianship/conservatorship.

In New Mexico, the person who files the petition for guardianship/conservatorship can nominate the three people who will advise the judge on whether to issue a guardianship. The services of those three advisers and the guardianship company are typically paid out of the assets of the incapacitated person.

“To get what you want, you know exactly who to nominate,” said one critic of the system.

That’s not the case elsewhere. In California, for example, independent probate court investigators who are court employees first gather facts on whether a conservatorship is in the best interest of an alleged incapacitated person, then make a recommendation to the judge.

New Mexico probate law doesn’t require a petitioner to nominate the group of ostensibly objective advisers. But most often, judges in New Mexico agree to appoint the people who are recommended.

At least one judge in Albuquerque is known for selecting his own panel of advisers, who by law are to include a guardian ad litem attorney representing the alleged incapacitated person; a qualified health care professional; and a court visitor. The visitor is supposed to evaluate the needs of the alleged incapacitated person and the appropriateness of the proposed guardian or conservator.

In Mary Terry’s case, her daughter-in-law, Lois Painter, asked Valencia County district judge Allen R. Smith to appoint a different guardian ad litem attorney for Terry.

Painter said Terry’s family in New Mexico didn’t think that Albuquerque attorney Barbara Buck “was acting in Mother’s best interest.” Painter said her request was denied.

Buck last week didn’t return Journal calls seeking comment.

Buck’s role in the case ended after the judge in April 2016 agreed to appoint CNRAG, Inc., a professional company, to perform guardianship/conservatorship duties.

Buck wasn’t involved in the subsequent financial oversight and other actions of CNRAG, Inc., that have been criticized by some of Terry’s New Mexico family.

By contrast, in California, guardian ad litem attorneys are appointed only on a case-by-case basis.

“We appoint the next GAL in line on our appointment list, and do not accept recommendations from the parties,” Sacramento County Superior Court Judge Steven M. Gevercer said in an email.

Without the research by his probate court investigators, Gevercer told the Journal, “the Court would not be presented with all relevant information and the quality of decision-making would suffer.” The California court charges a fee for investigators’ services for “court users who have the ability to pay,” he added.

Full Article & Source:
NM system appears to favor first petitioner

Family laments mom’s fate under court guardianship

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At the age of 91, Mary Louise Terry was getting by on food stamps and monthly Social Security checks, living under the care of her son in her home of 11 years on Belen’s main street.

But a $100,000 insurance windfall Terry inherited after that son died in May 2015 marked the beginning of the end of her stable family life.

Terry, who has dementia, is now under a guardianship approved by a Valencia County district court judge. She is in her fourth nursing home in six months despite the fact she has three sons and a daughter-in-law willing to care for her.

Terry – who had two other sons die within three months of each other in 2015 – was assaulted last month by another nursing home resident and has since been moved to a different long-term facility in Albuquerque.

This family photo taken in the early 1960s shows Mary Terry with five of her six sons, including David Stout, who is at the far right of the bottom row. David had been taking care of his mother at their Belen home until his death in May 2015.
This family photo taken in the early 1960s shows Mary Terry with five of her six sons, 
including David Stout, who is at the far right of the bottom row. David had been taking care 
of his mother at their Belen home until his death in May 2015.

Her Belen house is gone, sold by the guardian/conservator who by law can be paid out of an incapacitated person’s assets. The state of her finances is unclear. And family members in New Mexico say court-appointed professionals rejected their offer to take care of Terry in their own homes.

“Mother should have been allowed to live whatever years she has left the way she wanted to. Like all the rest of us want to,” daughter-in-law Lois Painter of Albuquerque said last week.

“None of us wants to live like she has been living … Shuffled from one place to another, beat up, etc. No one, right mind or not, would want this happening to them or their loved ones. What would you think if this happened to your family?”

Secret process 

Court records show that in December 2015, Terry’s daughter who lives in Texas filed a petition seeking appointment of a professional guardian/conservator to oversee her mother’s finances and health care – all under a secret legal process that’s supposed to be a “last resort” to protect an incapacitated person.

Now, most if not all the $100,000 insurance proceeds are gone, other family members say.

They say the guardian/conservator firm, which handles all of the Terry’s finances, took control of her $753-a-month Social Security checks, which had previously been automatically deposited.

The New Mexico family complains that the guardian never closed her bank account, so hundreds of dollars of still-unpaid overdraft charges have been assessed. Late payment fees and disconnect charges accrued when the utility bills at the Belen home hadn’t been paid by the professional guardian. Her homeowners’ insurance also lapsed, Painter told the Journal.

Last fall, the guardian notified the family that Terry, now 93, had to move from her Belen house to a $5,500-a-month assisted living home. Just two months later, the family was told Terry was being evicted because her money had run out. Terry has lived in three other homes since then, but family members aren’t sure how those bills are getting paid.

“There’s been no accounting of money to us at all. None. All that was told is, Mary doesn’t have any more money,” Painter said.

Guardians have authority over the personal health and welfare of the individual adult deemed incapacitated by a court.

But family members say that, in the past year, the assigned professional guardian “never shows up” when issues with Terry’s care arise and consistently asks Terry’s son to respond to emergencies.

Roxanna Gates, owner of the guardianship company, CNRAG, Inc., declined to respond to questions from the Journal, citing confidentiality surrounding guardianship matters.

Painter said last month that CNRAG sold Terry’s Belen house for about $82,000, which Painter said was $40,000 under the appraised value. How much of that money will go to the guardian or other bills isn’t information that is furnished to her New Mexico family – only to the court.    (Click to Continue)

Full Article & Source:
Family laments mom’s fate under court guardianship

Dear CA Attorney General: Nursing Home Residents Need Your Attention

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With the confirmation of Xavier Becerra as California’s new Attorney General, we have an opportunity to re-introduce our state’s top law enforcement agency to the problems in our state’s nursing homes.

For over ten years, the AG’s office has largely forsaken nursing home residents - contributing to a weak enforcement system that leads to poor care, broken promises, and victimized residents.


Call the AG’s office today to tell them we need their help in addressing abuse and neglect in nursing homes.

The AG’s public inquiry line is (800) 952-5225. 


Full Article and Source:
Dear New Attorney General:  Nursing Home Residents Need Your Attention

In Lillie's Voice: Elder Exploitation

UPDATE: Court records show guardian charged wards for Christmas gifts

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UPDATE MARCH 14: Private for profit guardian April Parks is now behind bars. She and three others were indicted last week for running a criminal enterprise involving theft and exploitation.

Court records show Parks disregarded her duty as a guardian, treating the vulnerable as "cash cows."

In one example, Parks and her business partner Mark Simmons profited from a scam where they bought Christmas gifts for their wards, such as popcorn, socks and other small items. When the wards received the gifts, they were charged at a hourly rate of $100 per hour.

Clients were also billed when Parks' husband Gary Taylor drove to the courthouse and waited in line to file papers that could have been submitted online.

UPDATE MARCH 09: April Parks was arrested by local police in East Goshen Township, PA.

The Westtown-East Goshen Regional Police Department charged Parks with being a fugitive from justice and she was arraigned.  Her bail was set at $500,000 dollars.  Parks was remanded to Chester County Prison pending extradition to Clark County, Nevada.

ORIGINAL STORY

LAS VEGAS (KTNV) -- What started with a Contact 13 investigation has led to hundreds of felony charges against four suspects for the way authorities say they treated people in their care.

This is the latest move in cases involving more than 150 victims and nearly $560,000 in stolen money.

It's the most significant guardianship exploitation indictment in Nevada's history -- so says Nevada Attorney General Adam Laxalt in what authorities hope will wipe out a long-standing crime wave in our state.

Cheers and fist pumps erupted in the Regional Justice Center lobby from a crowd of people who haven't had much to celebrate over the last few years.

On Wednesday, they went from victim to victor as April Parks, the woman who they say stole everything from their loved ones, was indicted.

"Today, law enforcement sends a clear message to those who take advantage of our most vulnerable citizens," said Clark County District Attorney Steve Wolfson.

Contact 13 first exposed April Lynn Parks in early 2015 when she told Darcy Spears, "I do it because I love it," in reference to her work as a private, professional guardian.

Guardians are appointed by the court to protect and serve their wards. They're entrusted with every aspect of a person's life, including their health care and their money.

"I can't imagine a class of people more susceptible to criminals than wards of a court," said Wolfson.

Parks, her husband Gary Taylor, her attorney Noel Palmer Simpson and her office manager Mark Simmons are together facing 270 felony counts of perjury, racketeering, filing false records, theft and exploitation.

The charges involve more than 150 victims who've lost more than half a million dollars.

Authorities say Parks and her co-defendants used a position of trust and authority to prey on disabled, vulnerable people ranging in age from 40 to 90, and systematically bilk them out of their life savings.

"I've never been so happy in my life! All the thousands of hours and dollars I put into this was not in vain," said Elizabeth Indig, whose mother was one of Parks' wards.

So were Julie Belshe's parents -- Rudy and Rennie North. Contact 13 broke their story in February 2015.

"When I reached out to you I was very traumatized," said Belshe. "I didn't know what to do!"

As for Wednesday's indictments, Belshe says, "It restored my faith in the people, in the justice system -- that there are good people in our system that are working and they're on our side -- the citizens' side. Because you start to think, who's going to believe me? Because you tell these stories and they're unbelievable!"

"I really think this is going to send a very strong message to the other guardians and the attorneys and the judges who aided and abetted her in this," said Indig. "And I think maybe Nevada will be clean of this crime and people can move here and retire without fear of losing everything."

Contact 13 will have more on the Family Court system's role in all this as the report continues on Thursday.

As of late Wednesday afternoon, all four defendants had been arrested in law enforcement actions across the country.

April Parks was arrested by local police in East Goshen Township, PA.

The Westtown-East Goshen Regional Police Department charged Parks with being a fugitive from justice and she was arraigned.  Her bail was set at $500,000.00 dollars.  Parks was remanded to Chester County Prison pending extradition to Clark County, Nevada.

Full Article & Source:
UPDATE: Court records show guardian charged wards for Christmas gifts
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