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Lafayette attorney arrested

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A Lafayette attorney was arrested on a charge of forgery Friday evening by the Lafayette Parish Sheriff's Office.

An arrest warrant was issued Thursday by Lafayette Magistrate Thomas Frederick for Harold Register Jr., and was the result of a Lafayette Parish Sheriff's Office investigation that developed into probable cause that Register forged one of his client's checks.

The check was valued at $12,500 and deposited into his account.

Register surrendered himself to the LPSO Friday evening, and his bond is set at $50,000.

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Lafayette attorney arrested

Man whose body was found encased in concrete may have been missing months

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Carl DeBrodie
KANSAS CITY, Mo. - A Missouri man whose body authorities believe is the one found in a crate encased in concrete in a dumpster might have been missing for months before the group home where he lived reported that he was gone, a sheriff said Wednesday.

A body that likely will be identified as Carl DeBrodie, 31, was found Monday in the dumpster in a storage unit in Fulton, about 100 miles west of St. Louis. A positive identification has not been made but Fulton Police Chief Steve Myers said Wednesday he is "95 percent" certain the body is DeBrodie's. A cause of death has not been determined.

DeBrodie, who had lived in a home for the developmentally disabled for nine years, was reported missing April 17. At the time, the residential home housing four or five residents was operated by a private contractor called The Second Chance but ownership was transferred recently to Finck & Associates.

The former director for The Second Chance reported DeBrodie missing but it is unclear how long he was gone and it's possible he was missing for months, Myers said.

"We have several different people we are talking to about that," Myers said. "We're getting conflicting information and are trying to establish some sort of timeline."

Rudy Veit, an attorney for the DeBrodie family, said DeBrodie's mother used to meet him at restaurants or parks but Second Chance officials stopped those meetings a year or two ago, telling her they caused her son to become anxious and were not in his best interests. The mother, who was not her son's legal guardian, was not aware of her legal rights and assumed the home had the authority to prevent the visits, he said.

A woman who was once DeBrodie's legal guardian and cared for him from age 11 to 21 reported to authorities that she believed DeBrodie was being abused at the home but did not get any response, Veit said. Her visits with him also were stopped.

A phone number for The Second Chance in Fulton was disconnected on Wednesday.

"Finck & Associates were not involved in DeBrodie's care at the time he went missing and have been extremely cooperative with our investigation," Fulton police said in a news release.

Law enforcement and private individuals conducted several searches for DeBrodie before the body was found inside the storage unit after investigators received a tip, Myers said. No further searches for DeBrodie are planned in Fulton and volunteers were planning a memorial service for next week.
The family appreciated the many people who helped search for DeBrodie and had hope until Monday that he would be found, Veit said.

"To find out they were all misled, and now to have the agony, anger, and fear of what he went through in the time period he was gone and who would do this, it's very difficult," Veit said.

Police were to meet with DeBrodie's mother Wednesday to obtain DNA, Myers said. The body was badly decomposed and police had not found dental records, so DNA will be needed to confirm the identity.

Investigators have pursued over 150 leads and are interviewing several people of interest, Myers said.

"At some point we're going to bring this to a conclusion, but we need a cause of death first," said Myers.

On Tuesday, a cousin, Rebecca Bell, told The Columbia Daily Tribune that DeBrodie had mental disabilities, difficulty communicating and was legally blind.

Bell said it's likely DeBrodie was dead for a long time because the body was so decomposed the family won't be able to have an open casket funeral.

DeBrodie belonged to a "good, loving family that would've done anything for him," Bell said. "He was a very sweet, caring young man, and all he wanted was to be loved and cared about."

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Man whose body was found encased in concrete may have been missing months

Nursing home negligent in death of resident who fell into hot laundry water, state rules

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A Minnesota nursing home has been found negligent in the death of a resident who entered the facility's laundry room and fell into a basin of 155-degree laundry wastewater, according to a report released Wednesday.

Allenne Hookom, 90, reportedly wandered into the laundry room at Auburn Manor in Chaska, MN, on Dec. 31, 2016. Hookom eventually fell backward into a concrete basin on the floor of the room that collects hot runoff water, and was discovered by a nursing assistant who heard her calls for help.

Hookom suffered second-degree burns from the scalding water, and died the next day at a local hospital from “thermal injuries,” the report shows.

The state health department ruled that Auburn Manor was negligent in the incident, since Hookom was known to wander. The department's report also showed that facility staff had left the laundry room door open with a magnetic latch meant to “make it easier to go in and out of the laundry room.”

Mike Senden, CEO and president of Auburn's parent company Auburn Homes and Services, told The Minneapolis Star Tribune that he understands the state's report, and considers the incident “a really heartbreaking accident [that] affected our staff greatly and the family greatly.”

Following Hookom's death Auburn Manor has removed the magnetic latch from the door of the laundry room, and now requires it to be locked at all times unless a staff member has direct view of the door, the newspaper reported. A screen has also been placed on top of the wastewater basin.

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Nursing home negligent in death of resident who fell into hot laundry water, state rules

2017 National Crime Victims' Service Awards - Joy Solomon, Esq.

More than one-fourth of SNF residents colonized with drug-resistant bacteria, analysis shows

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More than 25% of skilled nursing facility residents have multidrug-resistant bacteria lurking within them, including E. coli, a new research review has found.

Researchers with the Columbia University School of Nursing analyzed 12 studies and found the 2,720 nursing home residents whose data was included in the review had drug-resistant bacteria prevalence rates ranging from 11.2% to 59.1%. The study found a 27% average colonization rate, with E. coli accounting for the largest proportion of colonizations.

The review's results, published in the May issue of the American Journal of Infection Control, also identified factors such as advanced age, gender, comorbidities, increased interaction with healthcare workers and delayed initiation of antibiotics to raise residents' colonization risk.

“This study underscores the importance of having strong infection prevention programs in all nursing homes and long-term care facilities,” said Linda Greene, RN, MPS, CIC, FAPIC, president of the Association for Professionals in Infection Control and Epidemiology. “Understanding the dynamics and cause of MDR-GNB transmission is crucial to identifying effective infection control strategies specific to these settings.”

The research teams encouraged providers to identify which residents are most at risk for multidrug-resistant gram-negative bacteria, and allow infection preventionists to tailor efforts specifically for those residents.

“The results of our study suggest that there is much more to be done with regard to infection prevention within nursing homes, and that increased measures must be taken with elderly patients in regard to MDR-GNB colonization,” the researchers wrote.

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More than one-fourth of SNF residents colonized with drug-resistant bacteria, analysis shows

Corporate Cruelty for Cash

Lisa Belanger Guests on "Ambush Studios"

Financial Elder Abuse In Los Angeles

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Financial elder abuse lawyers in Los Angeles know that California’s elderly population has been rapidly increasing in the last three decades. People age 65 and older are the fastest-growing segment of California’s population. In some counties, the increase since 1990 has been more than 150 percent. In Los Angeles, the percentage increase of older adults since 1990 is between 50 and 99 percent. As the segment of senior citizens has rapidly increased, so have concerns about the potential for elder abuse in the state. There are various types of elder abuse. Financial exploitation of the elderly is especially problematic and rampant, and there are laws in California that are meant to protect older adults from this type of economic exploitation.

Statistics on Financial Elder Abuse


The National Council on Aging reports that an estimated 5 million people ages 60 and older suffer from some form of abuse. One in 10 adults in that age group is abused. According to one study, one one out of every 14 cases of abuse is reported to authorities. Sixty percent of the cases involve perpetrators who are family members, and 66 percent of the perpetrators are either the adult children or spouses of the victims.

How people take advantage of senior citizens financially


Financial abuse of senior citizens may take multiple forms. It can involve taking the checks of an elderly person and cashing them without permission. Some people steal checks and forge them. Others withdraw large amounts of money from their victims’ bank accounts. Exploitation also includes stealing money or possessions from elders. Some people coerce older adults into signing documents such as wills or contracts. Finally, some perpetrators financially exploit older people by abusing their powers of attorney, conservatorships or guardianships.

Signs of potential abuse of older persons


There are some common signs that elderly people are being exploited. They may not be taking care of their basic expenses despite the fact that they should be able to afford them. Suddenly changing their normal banking practices is also a sign, including having another person who is with the older adult withdraw a large amount of money. Adding extra names to accounts may be a sign, and unauthorized withdrawals using the older adult’s ATM card are also suspect. Relatives who were previously uninvolved may suddenly appear and lay claim to the elderly person’s possessions or money. Discovering forged signatures is another indicator that exploitation is occurring. Making larger than necessary loans against homes in order to finance investments may also indicate exploitation. Elders adding caretakers’ names to their wills in exchange for continued caretaking may also indicate that they are being exploited.

Summary of California laws for the protection of the elderly


California law penalizes the exploitation of the elderly, and a lawyer who accepts elder abuse cases may help clients with recovering the money that was stolen. Under California Welfare and Institutions Code § 15610.30, plaintiffs must prove several things to show that an older person was exploited. The plaintiff’s lawyer will work to prove that the defendant retained, appropriated, hid or took the property or money of the elderly person or helped someone else with doing so. He or she will also demonstrate that the older adult was either 65 or older or was a dependent adult at the time and that the person who took, retained, appropriated or hid the property did so for an unlawful purpose or with the intent to defraud the victim. Finally, he or she will need to prove that the victim suffered harm that was caused by the defendant’s actions.

The cases may be brought either by the elderly victims of abuse or by their decedents if the exploitation is discovered after their deaths. In addition to compensatory damages, the court will award reasonable attorneys’ fees and costs to plaintiffs who are able to prove that the abuse happened. Victims may also be able to recover damages for pain and suffering in some cases.

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Financial Elder Abuse In Los Angeles

Syracuse nursing home fined for sex abuse among residents, growing national problem

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SYRACUSE, N.Y. -- A Jamesville nursing home has been fined by the state for failing to protect residents from sexual abuse by other residents, which experts say is part of a growing national problem at nursing homes.

A state Health Department inspection conducted last April found Iroquois Nursing Home did not properly manage two male residents with histories of being aggressive and sexually abusing other residents in the dementia unit of the 160-bed facility at 4600 Southwood Heights Drive.

The health department recently fined Iroquois $16,000 as part of a settlement agreement posted on the department's website. It's the third largest fine imposed on an Onondaga County nursing home in 10 years, health department records show.

An inspection report shows the two men at Iroquois, who suffered from dementia and other health problems, abused other residents and staff.

A sizable and growing problem

Sexually inappropriate and hostile behavior among nursing home residents is a sizable and growing problem, according to a 2014 Cornell University study.

The study of 10 New York nursing homes with more than 2,000 residents found one in five residents were involved in at least one negative and aggressive encounter with one or more fellow residents in the previous four weeks.

The state Health Department said there were six substantiated cases of nursing home resident-on-resident sexual abuse statewide between Oct. 1, 2013 and Sept. 30, 2016.

The study found sexual abuse is just one of many types of inappropriate behaviors that occurs among nursing home residents.

The long term care ombudsman program, a national volunteer watchdog group that investigates complaints by nursing home residents nationwide, compiles statistics on resident-on-resident physical and sexual abuse. It does not keep separate data on sexual abuse.

Those statistics show the combined number of physical and sexual abuse cases investigated grew from 1,903 in 2012 to 2,987 in 2015, a 57 percent increase.

Abuse jeopardized health of 40 residents


The state cited Iroquois for "immediate jeopardy," the most severe type of deficiency that causes, or may cause, serious injury, harm, impairment or death to the residents. The problem jeopardized the health and safety of 40 nursing home residents who lived near the two men, according to the state.

 One of the abusive men put his genitals in the mouth of a female resident, exposed himself in front of someone's room, inappropriately touched other residents and grabbed a female member "in a forceful manner," according to the report. In one 30-day period, the man engaged in aggressive, sexually abusive and inappropriate behavior at least 10 times, the report shows.

The other abuser, who had Alzheimer's disease, put his hands under the shirt of a female resident lying in her bed, squeezed an employee's breasts and grabbed, scratched, pinched, hit and kicked other staff members.

Some of the incidents were captured on the nursing home's video cameras.

Iroquois said in a prepared statement it reported a serious, resident-to-resident incident on its secured unit for residents with severe dementia that triggered the state Health Department investigation. The home said it cooperated with the state to correct the problem.

Nursing home residents who engage in this type of behavior tend to be mentally disabled, but physically capable of moving around the facility, the study found.

"I think this is a fast growing trend that needs to be addressed," said Brian Lee of Families for Better Care, a national nonprofit advocacy group for nursing home residents.

Understaffing can lead to abuse

Sexual abuse among residents is almost always a symptom of nursing home understaffing, according to Lee. "There often is not enough staff to supervise residents and not enough training," he said.
Residents with dementia who sexually abuse other residents rarely face criminal prosecution because they lack the mental ability to have criminal intent, Lee said.

Not all cases of sexual abuse among residents are reported.

A mentally impaired male resident of a Schenectady nursing home had sexual contact many times with female residents in 2014, but the facility did not flag the incidents as sexual abuse, a state Health Department inspection report shows.

The state cited Ellis Residential & Rehabilitation Center for failing to identify the incidents as sexual abuse, thoroughly investigate them or increase supervision.

In a signed settlement with the state, Iroquois admitted there was substantial evidence of the violations cited by the health department.

Victims often the most vulnerable nursing home residents

The inspection report faulted the nursing home for not doing a better job of managing the abusive residents' behavior. Even though a small dose of antipsychotic medication seemed to improve one of the men's behavior, the nursing home discontinued it without providing an alternative treatment, the report says.

The home also failed to complete thorough investigations of the incidents and take enough steps to protect residents, according to the report.

The nursing home corrected the problem by having staff provide one-to-one monitoring of each of the men and developing interventions to use when residents engage in sexually inappropriate behavior.

State regulations require nursing homes to identify residents whose personal histories put them at risk of abusing other residents. The health department said nursing homes must monitor these individuals to prevent abuse.

Sexual assault is one of the the least acknowledged, detected and reported types of assault against nursing home residents, according to a report in The Gerontologist.

Victims are often females with mental or physical impairments -- the most vulnerable nursing home residents, the report says.

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Syracuse nursing home fined for sex abuse among residents, growing national problem

Tonight on T.S. Radio: Danny Tate and "Fugitive from Injustice"

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Hosted by Marti Oakley:  5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

“Under the deception of protection, Danny Tate was robbed of his freedom, family, home, livelihood, assets — and the trust he had for the justice system which protected itself and nearly destroyed him. This horrifying case of on-going injustice illustrates the urgent need and speaks loudly for the national call for reform of unlawful and abusive conservatorships and guardianships.”
~ Elaine Renoire-President, NASGA (National Assoc. to Stop Guardianship Abuse)

Hosted by Marti Oakley

Danny Tate returns to the show! Big things are happening in Nashville as the trafficking of human beings through the probate system starts to crumble. As most of you know, Danny is/was a highly successful songwriter and composer in Nashville, targeted by his own brother for exploitation. The brother, with the help of some really twisted legal experts, nows lives quite lavishly on the proceeds of Danny’s work, continues to collect every dime he can get his hands on from Danny’s estate.

They stole his music, his home and ultimately his children from him, documented in his autobiography…Fugitive From Injustice available now on Amazon.

We will also be talking over the recent S 178 Elder Abuse & Exploitation Prevention Act that was floated out there on the public and misrepresented as a “fix” for elder exploitation by professional guardians, conservators and attorneys who abuse the system for personal profit. If you thought this bill was going to impede the money train or hold these people responsible, you are sadly mistaken.




LISTEN to the show LIVE or listen to the archive later



Fugitive From Injustice is available through Amazon

New law seeks to combat vulnerable adult exploitation, abuse

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OLYMPIA, Wash. - Vulnerable adults would be better protected against financial exploitation and neglect in Washington state under a new law awaiting the governor's signature.

The legislation, requested by the attorney general, would create a new crime of theft involving a vulnerable adult - any person 18 years or older who is clearly mentally or physically unable to care for himself or herself or suffers from a cognitive impairment.

House Bill 1153 unanimously passed in the Senate earlier this month and was approved in the House in February. A date has not yet been set for the bill to be signed by Gov. Jay Inslee, though it will happen within the next few weeks.

The new statute would rank the crime at a higher seriousness level of theft. Currently, for a standard theft offense, a person could serve zero to 90 days in a county jail if they have no prior criminal history.

The new offenses could force an offender who has no priors to serve up to 12 to 14 months in prison. However, if they've been convicted of several crimes in the past, prosecutors say they could face up to 8 ½ years in prison compared to the existing maximum penalty, which is closer to five years.

Some people opposed this part of the bill during public hearings held earlier this year saying it goes from zero to prison too quickly, but the bill's sponsor, Democratic Rep. Roger Goodman of Kirkland, says financial abuse of elderly and vulnerable adults is reaching epidemic proportions and the penalties are not strong enough to deter anyone.

Last year, the state's adult protective services received more than 35,000 complaints. Of those, nearly 8,700 were related to financial abuse of an elderly or vulnerable adult and more than 5,600 were complaints of neglect.

"We need to send a strong message that abusing the elderly, finically or physically, is serious enough that you're going to have a felony on your record and you're going to go to prison and be supervised afterward," Goodman said.

Under the measure, the standard of proof for criminal mistreatment cases would change from "recklessness" to "criminal negligence," something prosecutors say was needed to make it easier to prove cases.

"This is a major change that will allow us to hold more people accountable who cause vulnerable people serious injury or death," said Page Ulrey, a King County senior deputy prosecuting attorney, who has prosecuted elder abuse cases since 2001.

Ulrey said the new statute seems like a more appropriate penalty for the degree of harm that is often done in these cases, which she says is committed most often by someone the person trusts or loves such as a family member or close friend.

Mike Webb, the legislative affairs director at the attorney general's office, said he's seen jurors fail to find recklessness beyond a reasonable doubt in cases when an offender didn't remove a catheter leading to death or somebody didn't turn a vulnerable person over for so long it led to bed sores to the bone.

"The existing law made it very challenging to bring about a felony criminal mistreatment charge because jurors struggled to find reckless behavior," he said. "Most saw it as a failure to act rather than recklessness."

Ulrey pointed out another significant change the bill would do is extend the statute of limitations as financial exploitation of vulnerable adults can take years to be uncovered. She said it gives law enforcement, prosecutors and other adult protection services six years instead of three to investigate and gather information surrounding the case.

Thirty-seven states have criminal penalties for financial exploitation of the elderly and vulnerable adults, according to the National Conference of State Legislatures. Thirty-four states currently have pending legislation, NCSL says.

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New law seeks to combat vulnerable adult exploitation, abuse

Atlanta lawyer hit with murder charge in wife's 'accidental' shooting death

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Claud “Tex” McIver
A prominent Atlanta attorney who says he accidentally shot and killed his wife last year has been indicted on murder and witness tampering charges.

Claud “Tex” McIver was charged initially with involuntary manslaughter in the death of his wife Diane McIver last September. The murder indictment was unsealed on Thursday.

McIver told police that while sleeping in the backseat of an SUV, a gun he was holding discharged and the bullet went through the seat and struck his wife, Fox 5 Atlanta reports.

Family friend Dani Jo Carter was driving the SUV at the time.

Prosecutors believe McIver may have killed his wealthy wife for her money, the station reported.

“There’s no financial motive. There’s no jealousy. There’s absolutely no motive,” said defense lawyer Stephen Maples, according to the station.

McIver was jailed on Wednesday when authorities found a gun in his home and revoked his bail.

The indictment accuses McIver of instructing Carter to tell police she wasn’t a witness to the shooting, The Atlanta Journal Constitution reported.

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Atlanta lawyer hit with murder charge in wife's 'accidental' shooting death

CONTACT 13: New Nevada guardianship laws promise accountability and protection

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LAS VEGAS (NV) - A Contact 13 investigation has led to long-overdue changes in state law. Abuse and exploitation have run rampant in our adult guardianship system, but protection and oversight are on the way.

It's deadline day in the Nevada Senate and two bills both passed to safeguard older and vulnerable citizens from those who would exploit them.

Court-appointed guardians are supposed to protect those who can't care for themselves.

But, as a recent spate of indictments shows, the so-called protectors often take advantage of vulnerable people for their own personal gain.

Senate Bill 360 increases both civil and criminal accountability in guardianship cases and provides for more prison time for convicted abusers.

It also establishes a bill of rights for people under guardianship.

Senate Bill 433 ensures those protected persons can't be isolated and compels the court to hear cases in short order.

It also makes sure protected persons will have legal representation and authorizes a court to impose fines and order restitution in cases where guardians are guilty of impropriety.

This legislative action comes as the result of a two-year Contact 13 investigation.

After we exposed systemic corruption in the guardianship system and lack of oversight in Clark County Family Court, the Nevada Supreme Court formed a guardianship oversight commission to fix flaws and change laws.

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CONTACT 13: New Nevada guardianship laws promise accountability and protection

Fighting B.A.C.K. with Sandra Grazzini-Rucki: Mary and Coz Whitten ~ Sisters Fought to Protect Beloved Uncle from Guardianship Abuse

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This episode of Fighting B.A.C.K. with Sandra Grazzini-Rucki will feature two sisters, Mary and Coz Whitten,who will share their experiences of dealing with guardianship abuse in Montgomery County, PA.

Coz was appointed a co-guardian for her beloved uncle Harvey Whitten after he was diagnosed with dementia. Coz shared a close relationship with her uncle, and in the words of her sister, “showered him with love and attention”. A judge and a banker worked together to remove Coz as co-guardian and then assumed control of every aspect of Hervey’s life, and plundered his estate.

After being placed under the guardianship of the court, Harvey suffered physical, emotional and financial abuse. Harvey was over medicated to the point that according to a doctor “he was given enough medication to kill a horse”.

Unfortunately, thousands of people across the United States are nameless victims to this type of tyranny that appears to be state approved, state implemented, and state enforced. Join us as we expose the shameful racket of elder abuse and the devastating effects on Harvey, and his family.

LISTEN to the archive of the show

See Also:
National Association To Stop Guardian Abuse: Victim Profile Harvey Whitten

Catherine Falk Organization


Guardianship Abuse Spreads to Pennsylvania Part 2 by Michael Volpe

Note:  Both Mary and Coz Whitten are NASGA Legislative Liaisons

Charged with exploiting elderly

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A local couple is being charged with several felonies after police say they exploited money from an elderly couple they were caring for.

Martin Schroeder, 62, and Betti Kathryn Schroeder, 60, of Farmington, are both charged with a class B felony of financial exploitation of the elderly.

According to a probable cause statement, on Dec. 30, an officer with the Farmington Police Department received an email and documents from the victims’ son who lives in another state

The email and documents were in reference to his father and mother, who reside in Farmington. The elderly couple and the Schroeders live in the same house and Martin and Betti Schroeder, who are family members, were tasked with caring for the elderly couple.

The man who contacted the police holds general power of attorney for the elderly couple and power of attorney for their health care. In a statement from the reporting party, he expressed concerns for the physical well-being of his parents.

The man said the Schroeders were being paid $4,000 a month to provide daily necessities, health care and constant monitoring of the elderly couple. In the statement, the man indicated he didn’t believe his parents were being monitored 24 hours a day, seven days a week as they should have been.

The man also provided email messages between Betty Schroeder and he discussing his parent’s needs. Being power of attorney, he also found some discrepancies on his parents bank statements. He further stated his father, who has been diagnosed with Alzheimer’s, was made to authorize transactions.

One loan took place on Sept. 1 and $7,500 was drawn from the elderly couple’s bank account. This money was reportedly withdrawn by Betti Schroeder and given to her youngest daughter. Another withdrawal on June 28, in the amount of $10,500 was made. The monies were reported to have been used to purchase a new GMC SUV for Betti Schroeder.  (Click to Continue)

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Charged with exploiting elderly

Arizonan Testifies At US Senate Committee On Aging And Isolation

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Social isolation and loneliness can put older adults at risk for several chronic conditions. In fact, prolonged isolation is comparable to smoking 15 cigarettes a day, according to the AARP Foundation.

Thursday morning, members of the U.S. Senate Aging Committee started looking at ways to deal with this issue. One witness was from Arizona.

W. Mark Clark is the President and CEO of the Pima Council on Aging. He testified before the committee and talked about what factors contribute to social isolation and loneliness.

"People retiring from other states, move to communities like ours and leave behind their families, friends and support systems," Clark said. "We have become, in a very real sense, where the garage door is the front door."

Other challenges, he said, include: "Changes to mobility, cognitive ability or health status can cause an individual to hold back from previously enjoyed social activities. Older adults in rural areas who can no longer driver are at incredible risk of physical and social isolation unless transportation options are available."

Clark also said language barriers and acting as caregiver can lead to isolation.

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Arizonan Testifies At US Senate Committee On Aging And Isolation

Experts tell Senate that aging in isolation a ‘silent killer’ for millions

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W. Mark Clark, president of Pima Council on Aging
WASHINGTON – Mortality rates are higher among seniors who are aging in isolation, a “silent killer” that affects millions but goes mostly unnoticed, experts told a Senate committee Thursday.

Witnesses told the Senate Special Committee on Aging that an estimated 8 million older adults are affected by isolation, putting them at more risk for depression, dementia and mortality.

In Pima County, 46 percent of nearly 2,300 seniors surveyed last year cited social isolation as an issue of living alone, said W. Mark Clark, president of the Pima Council on Aging.

“While aging at home is cited as a top priority by a majority of older people, and doing so has both emotional and economic benefits, aging in place at home can also lead to isolation,” Clark said in his prepared testimony.

But until now, experts said, there has been little national focus on this “loneliness epidemic” – Sen. Susan Collins, R-Maine, the committee chairman, said Thursday’s hearing was the first by a congressional panel to focus on social isolation among seniors.

That isolation has caused some damaging effects for old people, said Brigham Young University professor Julianne Holt-Lunstad, who helped conduct a study that linked premature mortality to deficits in social interaction.

Holt-Lunstad said cumulative evidence from 148 different studies that included more than 300,000 participants, revealed that greater social connection is associated with a 50 percent drop in the risk of early death.

The influence social interaction has on mortality matches or sometimes succeeds that of smoking, obesity and air pollution, she said in her testimony.

“Being connected to others socially is widely considered a fundamental human need, crucial to both well-being and survival,” Holt-Lunstad said. “Yet, an increasing portion of the U.S. population now experiences isolation regularly.”

Clark said the findings come at a time when budgets of programs that can help connect seniors – programs like those under the Older Americans Act that helps fund Pima County’s Meals on Wheels – are facing spending cuts.

Both lawmakers and experts at the hearing recognized Meals on Wheels for its social as well as its nutritional benefits. For some senior citizens, they argued, losing that program means losing their only connection to the community outside their homes.

Clark said other reasons senior citizens may remain isolated is out of fear that if they request services they will be referred to a nursing home and lose the ability to keep living on their own.

Committee members from both sides of the aisle expressed support for further research on the problem, evidence that … the Senate committee is paying attention to this, and that makes us very pleased,” Clark said.

He offered several recommendations that he said were aimed at serving the social needs of aging adults without taking away their independence. Those included increasing funding for services like Meals on Wheels, promoting volunteer efforts that older adults can take part in and providing a wider array of affordable, accessible transportation options for senior citizens who may not be able to drive.

The goal, Clark said, is to reduce isolation and help get people into community activities that add purpose to their lives.

“The problem of social isolation is widespread and knows no race, gender, income or geographic boundaries,” he said in his prepared testimony. “Our willingness to respond and our desire to see greater awareness and resources deployed to address this … cannot be ignored.”

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Experts tell Senate that aging in isolation a ‘silent killer’ for millions

Caregiver pleads no contest to elder abuse in Fort Bragg 'mummy' case

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Lori Diane Fiorentino
A former caregiver who lived in an apartment with the decaying remains of her client for at least a month before the grisly scene was discovered has pleaded no contest to felony elder abuse.

Lori Diane Fiorentino, 56, faces a maximum of four years in prison when she’s sentenced May 11, according to the settlement agreement, filed Monday in Mendocino County Superior Court. She is, however, eligible for probation in lieu of prison time.

The mummified body of Arlene Potts, 66, was found by Fort Bragg Police at the Duncan Place apartment complex Dec. 14 following a request by the apartment manager for a welfare check, according to testimony at Fiorentino’s preliminary hearing in January.

Potts’ emaciated body, clad in nothing but five layers of feces-encrusted diapers, was on a couch, hidden by a wall of shopping carts and debris, according to court testimony. She could have been dead for six months or more before her body was found.

A former tenant of the Duncan Place senior apartment complex told police the chronic smell in the hallway outside Potts’ door changed last summer from acrid urine to something rotten. She likened it to the stench of a dead whale on a beach.

An autopsy found severe muscle atrophy, emaciation and ulcerated lesions on Potts’ body, but was inconclusive on cause of death, limiting the charging opportunities, Deputy District Attorney Kevin Davenport conceded during the preliminary hearing.

Had there been a more conclusive death determination, Fiorentino might have been charged with an enhancement — that the abuse caused the death — and up to five years could have been added to her sentence.

The case raised questions about elder care in the county and how something so appalling could go undetected for so long.

Tenants of the apartment complex reported they’d repeatedly complained to its manager about the smell. At least one reported her concerns about Potts’ health to the county’s Adult Protective Services months before the body was found.

The manager had not entered the apartment in 11 months. It’s unclear whether Adult Protective Services ever went to the apartment.

The agency successfully fought a request by Fiorentino’s public defender, Frank McGowan, for her case documents, and would not divulge to the media whether Potts ever had been a client.

But according to court transcripts, the agency was contacted by the hospital in Fort Bragg in December 2013 about Potts, who had suffered a major hip injury but refused treatment and refused to go to a nursing home.

A physician who examined Potts suspected she suffered from chronic schizophrenia, but no one attempted to place her under a conservatorship or have her held for further psychiatric evaluation, according to court documents.

Instead, Fiorentino was hired to assist Potts at home through the county’s In-Home Supportive Services. The county reportedly checked on Potts during the first several months but apparently not afterward.

Elder advocates say the various systems responsible for providing or overseeing care for the elderly are rife with problems and in need of improvement. An estimated 1 in 10 Americans over the age of 60 has experienced some type of elder abuse, according to the federal Administration on Aging, an agency of the Department of Health and Human Services.

In court, McGowan blamed the county agencies and the hospital for failing Potts. He also said Fiorentino did the best she could given the circumstances.

The “defendant asserts she provided all the care the alleged victim would allow,” McGowan wrote in a court filing seeking Adult Protective Services records.

The courts, he wrote, have held that “competent persons generally are permitted to refuse medical treatment, even at the risk of death.”

Full Article & Source:
Caregiver pleads no contest to elder abuse in Fort Bragg 'mummy' case

‘Heartbreaking’: Medical standoff leaves man with cerebral palsy stranded at hospital for weeks

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Alex Scott, 45, who has cerebral palsy, laughs at Inova Loudoun Hospital in Leesburg, Va., where he has been stranded for 23 days while his family and group-home caregivers argue about the need for a feeding tube. (Katherine Frey/The Washington Post)

Alex Scott cannot speak.

If he could, he might be able to answer a crucial question that has pitted the people who speak for him against one another and left him stranded in a Northern Virginia hospital for three weeks.

At issue: Does the 45-year-old with cerebral palsy need a feeding tube?

Scott’s relatives say the group home where he has lived for two decades told them it would not take him back without a feeding tube. His family says the medical procedure is unnecessary and would benefit group-home employees more than Scott.

The struggle over the feeding tube, advocacy groups say, illustrates what can happen to people with disabilities when caregivers disagree about what is best for them.

The family has filed a complaint with the U.S. Justice Department and contacted the Office of Human Rights within Virginia’s Department of Behavioral Health and Developmental Services.
 
In the meantime, Scott remains at Inova Loudoun Hospital, with his sister, Samantha Tunador, cataloguing each day on social media with the hashtag #takeAlexhome.

“Day 11,” Tunador wrote April 10 on Facebook. “I promise you Alex, we are doing everything we can to get you out of the hospital and back to your home.”

“End of Day 12, and no confirmation that Alex is going home. This just sucks.”

“Day 20,” she says in a video that has been viewed 1,800 times. “We really are not much further.”

As of Friday, Scott had spent 23 days in the hospital. He arrived at the end of March with a slight fever and possible bronchitis and was supposed to be discharged a few days later, his family said.

Margaret Graham, director of Loudoun County’s Department of Mental Health, Substance Abuse and Developmental Services, which oversees the group home, said her agency has been in contact with Scott’s family but, because of privacy concerns, she could not discuss the matter publicly.

“We can tell you that as in any situation, [the agency’s] group home providers are committed to promoting health and wellbeing through the provision of individualized supports,” Graham wrote in a statement. When a person is hospitalized, the staff works together to come up with a discharge plan, and, in that planning, “must ensure that an individual’s required support and medical assessment can be safely met in a group home setting. ”

Tunador said the family fears that if Scott is unable to return to the group home, the hospital will find a nursing home for him that will offer less social stimulation and may be farther from his relatives in Loudoun.

“People keep saying to me, ‘Why do you want him to go back to this group home, where the problem is?’ ” Tunador said. “That’s his home. That’s what he knows. It’s where his friend are. It’s where he’s happy. And the unknown is scarier.”

While Scott cannot speak, ­Tunador said he has been clear about what he wants: to leave the hospital.

A video of Scott shows him in bed, shaking his head and screaming. Tunador posted it on Facebook and wrote alongside it that he wanted the nurses to remove his IVs so he could go home: “He has lived in a Loudoun County group home for 20+ years. He has not changed and his level of care is the same. They have changed and it is not fair!” (Click to Continue)

Full Article & Source:
‘Heartbreaking’: Medical standoff leaves man with cerebral palsy stranded at hospital for weeks

25 Investigates: Protective Services does not investigate abuse in nursing homes

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SHARON, Mass. - If your loved one is abused in a Massachusetts nursing home, Elder Protective Services will not look into the case, 25 Investigates has uncovered.

25 Investigates first began looking into how suspected elder abuse is investigated after shocking hidden-camera video from a Sharon nursing home caught two aides tossing around and pulling the hair of a 93-year-old grandmother with dementia.

The two aides caught on video are currently facing criminal charges, but 25 Investigates found not every case receives the same amount of attention.

25 Investigates first made the shocking discovery that Elder Protective Services does not investigate suspected abuse in nursing homes after the family of Donna Freedman reached out to Reporter Christine McCarthy.

Freedman, a dementia patient and former Hull resident, now relies on a nursing home for her basic needs.

Last year, bloody and bruised, she was rushed to the hospital from her South Shore nursing home.
Emergency room doctors told her daughter, Marybelle Hall they discovered several fractures to the bone around Freedman’s eye.

“It looked as if somebody hit her with a baseball bat,” Hall told 25 Investigates.

Freedman told doctors she had tripped, while the nursing home reported she may have hit her head on a bedpost.

But doctors didn’t believe those explanations because at the time, Freedman was confined to her bed with an alarm for her safety.

In hospital records obtained by 25 Investigates, emergency room doctors wrote, “We do not feel it is safe for the patient to be brought back to the facility…”

They also alerted Elder Protective Services and the state Department of Public Health of potential abuse, writing “Elder Services and DPH will be involved in the morning,” in Freedman’s medical records.

But Hall told 25 Investigates’ Christine McCarthy she never heard back from the state.

“They said that they would take in the report and that they would follow up on it, but I've never heard anything further,” said Hall.

That’s because 25 Investigates uncovered that Elder Protective Services doesn’t investigate suspected abuse in nursing homes.

Health and Human Services Secretary Marylou Sudders defended the decision for Elder Protective Services to avoid investigating potential abuse in nursing homes.

“Because they, the investigations occur by the Department of Public Health that has the licensing authority over nursing homes and abuse,” said Sudders. “The law is very clear.”

State law is clear.

Elder Protective Services is charged with investigating elder abuse anywhere in the state, according to Massachusetts law.

But 25 Investigates found the agency wrote its own rules that push off that responsibility to the Department of Public Health when it comes to nursing homes.

While DPH licenses those nursing homes, the agency doesn’t have the power to investigate individual cases of abuse.

Sudders, who oversees both DPH and Elder Protective Services, maintains that DPH investigates all suspected cases of abuse that occur in nursing homes.

“If you're asking are all individual allegations of abuse of an elder investigated, yes,” said Sudders.

But Hall says she never even received a phone call from state investigators about her mother’s case.

Arlene Germain, president of the Massachusetts Advocates for nursing home reform, said all suspected elder abuse should be investigated.

“If there's any indication of any bruises, if a person emotionally is withdrawing all of a sudden, if there's any emotional change, that of course needs to be investigated,” said Germain.

DPH tells 25 Investigates it did a “review of the information” from the nursing home and hospital and found “neither report supported any allegation of abuse” in Freedman’s case.

The agency said its findings are all confidential and off limits – even to Freedman and her family.

Freedman is at a different nursing home now and doing better, but her daughter still questions why the state’s investigation is so secretive and why no one ever came to see her mother.

“I'm so very, very angry about this, and I don't want it to happen to somebody else's parent,” Hall told 25 Investigates.

Hall has a pending public records request, seeking the findings in her mother’s case from the state

She even offered to sign a medical privacy waiver so that the state could speak with 25 Investigates about the case. But DPH declined that offer and told 25 Investigates it makes the health and safety of nursing home residents its top priority.

Full Article & Source:
25 Investigates: Protective Services does not investigate abuse in nursing homes
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