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Nevada adopts new guardian Bill of Rights: Plan to be protected

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"As you get older three things happen. The first is your memory goes, and I can't remember the other two." – 20th Century British Comedian Sir Norman Wisdom.

Even though you can't choose what your mind and memory will be capable of as you age, you can decide now to prepare for the possibility of needing a guardian to protect you. But what protection do you have if your guardian fails you?

A guardian is appointed by a court to protect a person (also known as a "ward" or "protected person") who is unable to manage their affairs. Generally there is no supervision of a guardian except for the annual accounting filed with the court. Unfortunately, courts are not easily able to detect a guardian's bad behavior when everything appears to be in order and no person steps forward to object. Nevada's courts just do not have the resources to provide the oversight needed.

As a result of recent publicity of exploitation and abuse, the Nevada Legislature enacted legislation earlier this year vastly overhauling guardianship statutes. Senate Bill 229 (SB 229) establishes that guardians be nominated through a legal document called a Designation of Guardian. A Designation of Guardian must be signed by the person making the nomination and also signed by two disinterested witnesses before a notary. SB 229 provides the standard text of a Designation of Guardian in the statute which is publicly available.

Senate Bill 360 (SB 360) enacted the Wards' Bill of Rights proclaiming that each Ward has the right to an attorney, the right to notice, the right to privacy, and the right to be treated with dignity and respect. Now here's the key point – beyond these fundamental rights, SB 360 gives you the right to name any given person as your "Advocate" to appear and raise issues on your behalf. Your Advocate has the ability to provide the oversight and scrutiny that the court cannot. The more accountable guardians are, the less likely they are to fall short of their duties.

With this right to have an "Advocate" act on your behalf, you are able to name this person now in your Designation of Guardian and include language giving him or her right to oversee and supervise. Below are a few suggested provisions to consider including in your Designation of Guardian to assist your named Advocate in preventing exploitation:

State a list of individuals that you would prefer not serve as your guardian;

State that your Advocate has the right to supervise the guardian, including the right to make reasonable demands for copies of financial records, receipts, and proof of expenditures;

State that your guardianship estate is responsible for the costs of compliance with the Advocate's requests;

State that your Advocate shall have the right to meet with you regularly;

State that the Advocate has the right to petition the Court for removal of the guardian upon evidence of a breach of duties owed; and

State your desire that the Court honor your requests to empower your named Advocate by incorporating these provisions into any order appointing a guardian.

Additionally, for greater protection, consider including the following as part of your estate plan:

An inventory of your assets; 

A HIPAA (Health Insurance Portability and Accountability Act) that names those persons nominated as your guardian and Advocate so that your Advocate and the other nominated persons may oversee your medical treatment; and

A provision in your trust and/or general durable financial power of attorney empowering your Advocate with the right to oversee your trustee and/or attorney-in-fact.

It easy to believe that the person nominated as guardian will act only in your own best interests. Unfortunately, it doesn't always work out that way. Because exploitation and abuse can be subtle and hidden, the goal should be to reduce the risks by embracing your right to empower an Advocate.

Cassandra Jones and Michael Millward are the attorneys of Heritage Law Group, P.C. Both are residents of Gardnerville, focusing their law practice on estate planning, business planning, and probate. They can be reached at 782-0040 or http://www.HeritageNevada.com

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Nevada adopts new guardian Bill of Rights: Plan to be protected

Guardianship a topic at IVCIL seminar

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The Illinois Valley Center for Independent and the Statewide Independent Living Council of Illinois will present the free workshop “Guardianship, Alternatives, ABLE Accounts and Special Needs Trusts" from 6 to 8 p.m. Thursday, Nov. 16, in the conference room at the IVCIL, 18 Gunia Drive, La Salle.

The program will be presented by attorney Michael F. Gulo, of Streator, who will discuss guardianship, power of attorney, ABLE accounts, special needs trusts for adults older than 18 and future planning for children with disabilities.

For more information contact Marla Michalak, from IVCIL, at 815-224-3126, ext. 223, ya@ivcil.com. Reasonable accommodations will be offered upon request by registration date of Thursday, Nov. 9.

The IVCIL is a nonprofit and nonresidential service and advocacy agency that assists people with disabilities. The IVCIL serves the counties of La Salle, Bureau, Marshall, Putnam and Stark. The IVCIL is a United Way member agency, with funding provided in whole or in part by the Illinois Department of Human Services.

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Guardianship a topic at IVCIL seminar

Guardianship comments sought

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ALBUQUERQUE, N.M. — Public comment is being taken on the initial recommendations from a state Supreme Court-appointed committee that is studying adult guardianship reform in New Mexico.

The Supreme Court has already approved one of the commission’s recommendations to establish a guardianship and conservatorship rules and forms committee. The court announced this week that it will accept applications through Nov. 10 from attorneys, judges, and nonattorneys who have experience with the New Mexico guardianship system.

The commission’s proposed reforms can be found at the Supreme Court website, supremecourt.nmcourts.gov.

Public comments can be submitted can be submitted electronically at nmcourts.gov/Supreme-Court; click on “what’s new.” For comments in writing by mail, email, or fax:

Joey D. Moya, Clerk
New Mexico Supreme Court
P.O. Box 848
Santa Fe, New Mexico 87504-0848
505 827 4837 (fax)

Comments must be received by the clerk’s office on or before Nov. 8 to be considered by the commission, which is continuing to study other possible reforms for a final report to the Supreme Court expected by the end of the year.

“As the report demonstrates, meaningful reform of the guardianship system will not be easy or inexpensive and cannot be achieved by a single branch of government acting alone. Rather, true change will require the legislature, the executive, and the judiciary to work together in their respective roles to enact the laws, allocate the resources, and implement the changes that are necessary to improve the guardianship system,” the commission report states.

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Guardianship comments sought

TREATMENT NURSE STATES,” SHE GOT PULLED FROM TREATMENTS TO DO OTHER JOBS.”

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FORT STOCKTON LIVING & REHABILITATION

LOCATED: 501 N SYCAMORE, FORT STOCKTON, TX 79735

FORT STOCKTON LIVING & REHABILITATION was cited by the DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES for the following deficiencies:

PLEASE NOTE: The following highlighted quoted text is only a portion of the full report/survey submitted by DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR MEDICARE & MEDICAID SERVICES. The full report/survey can be found here.

FACILITY FAILED TO GIVE RESIDENTS PROPER TREATMENT TO PREVENT NEW BED (PRESSURE) SORES OR HEAL EXISTING BED SORES.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on observation, interview and record review, the facility failed to ensure 5 of 6 residents (Resident #1, #3,#4, #17 and #18) with pressure ulcers received necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing. The facility failed to:

Perform skin assessments every shift per Resident #1’s care plan dated 2/19/17 and to identify Resident #1 suspected deep tissue injury (SDTI)

Accurately assess Resident #3 for pressure injuries. The assessments indicated he was a moderate risk for pressure injuries after he already had one. Resident #3 was assessed with [REDACTED].

Accurately assess Resident #4 for pressure injuries. The assessments indicated he was at moderate risk for pressure injuries after he already had one. Resident #4 was assessed with [REDACTED].

Accurately assess Resident ##17 for pressure injuries. The assessments indicated she was at risk for pressure injuries after she already had one.

Accurately assess Resident #18 for pressure injuries. The assessments indicated he was at risk for pressure injuries after he already had one.

This failure resulted in an identification of an Immediate Jeopardy (IJ) on 4/6/17. While the IJ was lowered on 4/11/17 the facility remained out of compliance at a level of actual harm with a scope identified as a pattern because they had not had time to monitor for effectiveness.

This deficient practice placed 13 residents at risk of not receiving wound care treatments, skin assessments or interventions and put them at risk of life threatening complications.

During an interview on 4/6/17 at 1:58 p.m. the Treatment Nurse said she had been the treatment nurse off and on for several years. She said this time she had been the treatment nurse for over a year. She said she got pulled treatments to do other jobs because of staffing issues. She said her Corporate Office had said she was not to be pulled. She said last week she had to go to wound care Monday and Friday and then Wednesday she was pulled to work the floor which gave her 2 days to do treatments and skin assessments. She said this week (4/3/17 – 4/7/17) she was pulled to the floor on 4/3 to be the medication nurse and 4/04/17 she had to transport a resident to wound care. She said she had talked to the DON about sending one resident with just two aides to wound care. She said she physically counted the number of wounds in the building when she did the skin report and was very aware of the number of residents with pressure injuries. She said the numbers seem up there. She said the aides were usually very good about reporting changes to her. The Treatment Nurse said she tried to do skin assessments on one hall a day.

During an interview on 4/06/17 at 2:55 p.m. the Administrator said she was not informed of Resident #1’s pressure injury until the next day. She said unstageable was the most explanation she got. The Administrator was informed that no full body assessment was completed until after 9 a.m. the day after the unstageable was discovered on Resident #1. The Administrator acknowledged the system had broken down. She said it appeared the problem started with the Hospice aides and not telling any of the staff. She said once the Treatment Nurse was notified she should have done a full assessment. The Administrator said the facility CNA’s provided incontinent care and as needed bed baths. She said they provided care like repositioning and putting on the heel protectors that everyone kicks off. She said as they were repositioning Resident #1 she would think they would see the unstageable pressure injury.

Personal Note from NHAA – Advocates: NHAA shares with all the families of loved ones who are confined to nursing homes the pain and anguish of putting them in the care of someone else. We expect our loved ones to be treated with dignity and honor in the homes we place them. We cannot emphasize enough to family members of nursing home residents; frequent visits are essential to our loved ones’ well-being and safety. This nursing home and many others across the country are cited for abuse and neglect.

You can make a difference. If you have a loved one living in this nursing home or any other nursing home where you suspect any form of abuse or neglect, contact us immediately.

We have helped many already and we can help you and your loved one as well by filing a state complaint, hiring a specialized nursing home attorney or helping you find a more suitable location for your loved one.

Contact us through our CONTACT FORM located on our website here below or on the sidebar or call our toll free hot line number: 1-800-645-5262.

You can make a difference even if your loved one has already passed away.

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TREATMENT NURSE STATES,” SHE GOT PULLED FROM TREATMENTS TO DO OTHER JOBS.”

WXYZ appealing order from Metro Detroit judge in First Amendment battle

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PONTIAC, Mich. (WXYZ) - It’s the story several lawyers did not want you to see:  The 7 Investigators are looking into allegations of problems in the probate guardianship system.


Last week, a judge stepped in and issued a restraining order, preventing Channel 7 from showing any pictures or videos of two of the people at the center of the story, Janet and Milan Kapp.

On Tuesday that judge said he’s standing by that decision.  So now WXYZ is heading to the Court of Appeals.

Mila Kapusta and several other local families asked the 7 Investigators to make their stories public.  Those who asked us to investigate say they’ve lost control of their loved ones to court-appointed guardians.

Many of these cases end up in probate court because of family disputes, and the Kapp family fight prompted these two sisters to try to stop the 7 Investigators from using pictures of their parents in our investigation.

Just hours before the story was supposed to air last Thursday, Lorrie and Sandy Kapp got a judge to issue a Temporary Restraining Order, preventing us from showing you old family pictures that had been provided to us by their other sister, Mila.

Tuesday during a show cause hearing, Judge Daniel A. O’Brien continued that restraining order, saying his job was to protect Mr. and Mrs. Kapp, who are now in their 90s.

“I am granting the injunction against Channel 7 and they are restrained.  It is in fact a prior restraint I gotta admit, but they are not to use any photos or video of Milan and Janet Kapp in any broadcast,” said Judge O’Brien.

WXYZ’s attorney Jim Stewart argued that Judge O’Brien’s initial restraining order was unconstitutional.

“A court cannot order someone not to publish something.  It’s called a prior restraint of speech and it’s been held to be presumptively unconstitutional,” said Stewart.

Legal experts say “prior restraint” is typically only used in cases where there is a threat to national security.

Clearly there is no such threat in this story, and this is now about much more than just pictures.

“You can’t have the government telling somebody what they can and can’t say when they’re covering a newsworthy event,” said Stewart.

Because WXYZ cannot allow Judge O’Brien’s order to set a precedent for other government officials limiting our news coverage – as protected by the First Amendment – we are appealing his order.

Full Article & Source:
WXYZ appealing order from Metro Detroit judge in First Amendment battle

Latest guardianship court hearing sequestered

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A guardianship court hearing for Holocaust survivor Peter Grotte-Higley was held in secret on Tuesday, three weeks after the judge in the case postponed the matter saying she wanted to research the issue of whether two Journal reporters could attend.

State District Judge Denise Barela-Shepherd at an Oct. 2 hearing instructed the attorneys in the case to research the “legal authorities either in support or against” opening the hearing. At the time, the judge looked at the Journal reporters in the courtroom and instructed the attorneys in the case to notify the reporters about a new hearing date.

But no such notification occurred.

Grotte-Higley, a former client of Ayudando Guardians Inc., has had questions about his finances and his pension benefits since Ayudando’s two top executives were charged in a 28-count federal indictment in July. Federal officials say more than $4 million in client funds has been embezzled in recent years, and Ayudando had more than 1,000 clients.

After Ayudando was closed in late August by the U.S. Marshals Service, Grotte-Higley’s guardianship was transferred to Decades Inc.

Under state law, guardianship hearings are normally sequestered, except when the alleged incapacitated person seeks to have the proceedings open.

On Oct. 2, just minutes before his guardianship hearing was to begin, Grotte-Higley invited the reporters to attend. “Definitely, why not?” he said.

Barela-Shepherd, upon learning that Journal reporters were in the courtroom, halted the proceedings, saying she didn’t have enough information about whether the hearing could be opened.

“I’m not opposed to unsequestering it, but by statute I don’t know that I can,” said the judge. Barela-Shepherd added that she was considering whether to permit one or both reporters into the next hearing in the case.

The judge didn’t return a Journal phone call Tuesday. A district court spokesperson said Tuesday she could verify the hearing occurred, but because of confidentiality laws she could not respond as to why the reporters weren’t notified.

Ellen Leitzer, the court-appointed guardian ad litem for Grotte-Higley, referred questions about the hearing to Barela-Shepherd. Mary Ann Green, an attorney in the case, didn’t return a Journal phone call.

A message left for Grotte-Higley at Albuquerque Grande, his new residence, was not returned on Tuesday.

There was no way to find out what “legal authorities” were provided to the judge on the issue of opening up Grotte-Higley’s hearing.

Filings in his case, and in all guardian or conservator cases in New Mexico, are confidential under the law.

The Journal profiled Grotte-Higley in a story last summer when he voiced his frustrations about his living conditions in a private boarding home and not having a way to reach the U.S. Marshals office to ask about his case. He was barred from leaving with Journal reporters to go to Ayudando’s offices for an answer.

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Latest guardianship court hearing sequestered

Nursing Home Staffing 2017 Q2

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Sufficient staffing is one of the most important indicators of a nursing home’s quality and safety. Due to questions about the accuracy of the self-reported staffing data published in facility listings on Nursing Home Compare, the 2010 Affordable Care Act requires facilities to electronically submit direct care staffing information (including agency and contract staff) based on payroll and other auditable data. Though this requirement came into law in 2010, it was not implemented in the federal rules for nursing homes until August 2015. The first mandatory reporting period began July 2016.

The first publication of these data (to the general public) began fall of 2017.

To make this information more accessible, LTCCC has compiled these data into easy-to-use files for each state, as well as a single national file. These files include the following information:

 Name of State
 Name of Nursing Home
 MDS Census (number of residents in the facility)
 RN Hours
 LPN Hours
 CNA Hours
 Total Direct Care Staff Time
 Average Staffing Hours Per Resident Per Day
 Average RN Hours Per Resident Per Day

Note: Resident census and staffing hours are the averages for the quarter (three month period). See the Notes tab in each file for more information about the data.  (Click to Continue)

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Nursing Home Staffing 2017 Q2

Federal funding cuts could be 'devastating blow' to elder abuse prevention

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Edward Rice told multiple doctors within a week in June he felt like he was being abused, but nothing was done to separate him from his alleged abuser. Edward Rice was dead a month later. Lacy Atkins / The TennesseanReductions in federal funding could be “a devastating blow” to state agencies around the country that depend on federal money to investigate hundreds of thousands of cases of alleged abuse of the elderly, abuse prevention advocates say.

Every state has agencies that depend, at least to some extent, on federal social services block grants to support investigating allegations, which can range from financial exploitation to physical abuse and neglect.

Advocates say there's only growing attention to the issue, and it deserves more resources, not less.

"It’s this kind of insidious problem we have to think about," said Paul Greenwood, the district attorney in San Diego County, Calif., and leading advocate for elder abuse prevention and prosecution who delivered a keynote speech on the topic recently to the state districts attorney conference in Knoxville.

The House passed a budget resolution that included a requirement to reduce spending, largely a recommendation from the House Budget Committee, chaired by U.S. Rep. Diane Black, R-Gallatin.
Ultimately, the forced spending reductions — including to the social services block grants — were removed by the Senate. But they could come up again as Congress prepares to debate a tax reform plan from the Trump administration and how to pay for it.

"Elimination of these funds would mean the elimination and/or reduction of many" of the services provided by adult protective agencies, said Julie Schoen, deputy director of the National Center on Elder Abuse, at the Keck School of Medicine in Alhambra, Calif.

"If funding is discontinued or cut, I cannot imagine what will happen."

In Tennessee, nearly half of the state’s nearly $8.6 million budget for Adult Protective Services comes from that federal grant program. In the last five years alone, the state has received 55,000 reports of alleged exploitation, abuse or neglect.

More than 34,000 of those have warranted a state investigation, an average of about 18 per day. That average is consistent with NCEA figures of about 20 per day, Schoen said.
"Elder abuse is on the rise, and awareness of this issue is also growing," she said.

Tennessee Adult Protective Services officials declined to say what moves could be made if funding is reduced, calling it speculative.

State prosecutors and lawmakers in recent years have created task forces and passed legislation to enhance the crimes committed against the state’s elderly, which are handled by 90 APS investigators statewide, less than one per county.

This past year, that effort was championed by state Senate Majority Leader Mark Norris, who has been nominated to a federal judgeship by President Donald Trump.

The legislation was generated in part by a committee established by Gov. Bill Haslam in 2014 and led by Norris. That committee focused on vulnerable adults and has developed legislation to increase criminal penalties for elder abuse.

Lisa Zavogiannis, the district attorney in Tennessee's 31st Judicial District, chairs the elder abuse subcommittee within the state's districts attorney conference.

Zavogiannis said the committee has only reached "the tip of the iceberg" on the issue.

"For so many years it was ignored," she said.

Full Article & Source:
Federal funding cuts could be 'devastating blow' to elder abuse prevention

Hospital Uses Guardianships to Remove Medicare & Medicaid Patients

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I am not a lawyer and I readily admit my understanding of the law is limited. However one does not need a law degree or legal education to know the following case is an abhorrent perversion of law and justice.

The case of Anastasia Adams proves that having power of attorney and an advance directive will not protect you if a major hospital like Inova Fairfax in Northern Virginia sues for guardianship and hands you over to their designated guardians. Even having a court appointed guardian will not protect you from guardianship if Inova thinks your child needs Electro-Shock therapy and you disagree with them; as Francisca Zegarra-Rodriguez found out. Francisca was appointed as her son's guardian by Loudon County Circuit Court judge the Honorable Jeanette A. Irby on December 14, 2015. When Francisca disagreed with Inova's treatment decision Inova simply took her to court and had a Fairfax County Circuit judge set aside her guardianship order and took her son forcing him to have ECT. They returned custody of Francisca's son to her six months later.

Inova in both of these cases -- and in 35 others and counting, 19 just since February 2017 -- had Fairfax County judges appoint the same two co-guardians and co-conservators, using the same two guardian ad litem's, and the same external law firm Blankingship & Keith; who allegedly according to public records always state it is an emergency and there are no known power of attorney's even when they allegedly know they exist.

Anastasia's sister Yolanda Bell had been her power of attorney for 15 years when Inova sued for guardianship. In their petition for guardianship Inova and their attorney's did not allege there was abuse, neglect, or exploitation (nor did the circuit court judge find abuse, neglect, or exploitation). All Inova alleged was Yolanda "refused to consent to discharge" and therefore was not acting in the best interests of her sister. So on February 15, 2017, Fairfax County Circuit Court Judge Stephen C. Shannon issued an order appointing Inova's two designated guardians as co-guardians and co-conservators of Anastasia's person, property, and estate. Like Francisca Yolanda had simply disagreed with Inova. Yolanda disagreed with Inova wanting to discharge her Anastasia with a large pericardial effusion (fluid around the heart) and a 12" blood clot, so she appealed Inova's decision to Medicare. Medicare agreed with Yolanda that Anastasia was still too ill to be discharged but Inova had already taken custody of Anastasia.

Since the guardianship order Anastasia's health has been run into the ground by Inova's designated guardians. Allegedly the facility where she was first placed severely broke her right hip and the guardians would not have it set or fixed leaving it grossly deformed. Allegedly the next facility where she was placed broke Anastasia's right ankle and again the guardians would not have it set or fixed. What is allegedly happening to this woman and dozens of others by Inova in this writer opinion is both morally wrong and criminal.

According to public records there are at present approximately 38 people whom Inova Healthcare Services has sued for guardianship, allegedly either to enforce treatment decisions or effect discharge from one of there hospitals. All of these individuals are on Medicare or Medicaid and it appears that when Inova thinks they will not be paid they simply call in Laurie Kirkland from B&K and she files an emergency petition for guardianship. Amazingly at least 35 of the 38 guardianships all have two attorneys from Dingman and Labowitz, PC as co-guardians and co-conservators -- principal Kenneth E. Labowitz, Esq and partner Anne M. Heishman, Esq -- and either Saben N. Johnston, Esq or Gary Jetter, Esq as court appointed guardian ad litems. At first glance this might appear to be a coincidence but upon closer inspection one realizes the same one or two names are shown in appointing the guardian ad litems, with the predominant name being the Honorable Daniel Ortiz.

According to official court transcript in the Anastasia Adams hearing, guardians Heishman and Labowitz have up to 120 at a time. Conservatively, this means if each ward receives $1200 a month in social security benefits the guardians are receiving $144,000 a month and $1,728,000 a year since they have had all funds diverted to bank accounts they control. Meanwhile their wards, as evidenced by Anastasia's situation, are relegated to languish in substandard and poorly run nursing homes isolated from their families, clergy, and loved ones. In fact Anastasia was placed in a room with no TV or radio and left to just stare at the walls 24 hours a day.

Family members dealing with what has been labeled "predatory" guardianships have attempted to obtain legal help but lawyers in Northern Virginia will not help the victim's party because Inova is a major employer and contributes to many political campaigns. Add to this the fact that Kenneth Labowitz started a political action committee (PAC) in the '90s that got Senator Jim Moran (D) elected and served as the president of Legal Services of Northern Virginia; it becomes clearer why families are unable to get any help to fight the Inova guardianship machine and extract their loved ones from their clutches.

Both the U.S. Senate and U.S. House of Representatives have just passed SB178 Robert Matava Elder Abuse Prosecution Act of 2017 and it is waiting for President Trump to sign it into law. The Bill promises some potential protections (and hopefully prosecutions) for those families and individuals who find themselves trap in the agonizing torment of a guardianship like those above.

Full Article & Source:
Hospital Uses Guardianships to Remove Medicare & Medicaid Patients

Elderly parents' estate drained after three sons sell farm, 'gift' family home

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Three adult sons who siphoned more than $1.6 million from their elderly parents have been refused guardianship over their estate.

The State Administrative Tribunal found the couple were victims of "questionable transactions" and appointed the Public Trustee as administrator.

In March, one of the sons had helped his father, 87, sell the couple's farm in Wyening, but later transferred the $1.6 million to his own account and then split the proceeds with his brothers.

He also took a personal commission of $50,000, and transferred a further $244,000, of which he later returned $200,000.

The sons also sought to have their parents' Mullaloo home gifted to themselves, even though the tribunal had found their mother, 81, "lacked the legal capacity required" to agree to it.

The sons did not make the solicitor involved aware that their mother had an independent guardian, or that there were ongoing proceedings.

Two of the sons used their parents' funds to pay their own legal fees, and the parents also covered the cost of renovations and repairs to the Mullaloo home, even though ownership had been transferred.

The tribunal also referred to "very large cash withdrawals" from ATMs, and noted the couple had given one son $3,000 for rent and groceries.

Granddaughter steps in to demand independent guardian

It was during April that the "questionable transactions" occurred, amidst a climate of family acrimony.

A granddaughter of the couple had sought an independent administrator for her grandmother on April 10, fearing she was at risk.

She said her grandmother was suffering from dementia, had lost weight, missed family events and medical appointments, and had her landline disconnected while family members' numbers were blocked on her mobile.

Two days later, a confrontation erupted between her, and her father and his nephew, which resulted in police charging the nephew with assault.

The granddaughter had her grandparents admitted to hospital on April 13, and she shared her concerns with a family doctor.

The same day, the $1.6 million proceeds from the sale of the farm was transferred out of her grandparents joint account.

Then on April 19, one son asked the tribunal for he and his brother to be appointed as guardian and administrator for their parents, arguing his father was "vulnerable to financial exploitation by his grandchildren" and was being held "against his will in hospital".

On April 20, the elderly couple were discharged from hospital against medical advice after one of the sons went there under a false name.

The gifting of the Mullaloo home occurred in May.

The tribunal said it did not accept the claims that the sons were making about the grandchildren.

It ordered that the Public Trustee lodge a caveat over the Mullaloo residence, and consider an injunction preventing the sons from dealing with the funds associated with the farm.

It ordered investigations be undertaken regarding other amounts.

The tribunal ruled an administrator be appointed for the grandfather and grandmother, and the Public Advocate appointed with his limited guardianship for the grandmother.

Full Article & Source:
Elderly parents' estate drained after three sons sell farm, 'gift' family home

Des Moines lawyer faces disbarment over theft

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Sandra Suarez-Quilty
A Des Moines lawyer, lobbyist and former school board candidate who has acknowledged stealing money from clients and committing numerous other ethical violations should be barred from practicing law, the Grievance Commission of the Iowa Supreme Court says.

In responding to a complaint from the Iowa Supreme Court Attorney Disciplinary Board, the commission is recommending that the court revoke the law license of 44-year-old Sandra Suarez-Quilty.

According to the commission, Suarez-Quilty lied to a judge about her representation of a client; practiced law after her license was suspended in the wake of a second-offense conviction for drunken driving; used a client’s trust fund to pay for expenses unrelated to the client’s case; was arrested a fourth time for drunken driving while the charges tied to her third such arrest were still pending in the courts; and charged $5,000 to a client’s credit card for no legitimate reason.

The five-member commission noted that in Iowa, the conversion of client funds to one’s personal use is enough to support revocation of a law license, making it unnecessary for the panel to consider the other alleged ethical violations. Suarez-Quilty converted money from two of her clients to her own use, the commission stated.

“She admits to having committed theft,” the panel wrote in its recommendation. “The $5,000 charge on the credit card is very serious” and Suarez-Quilty ”admitted to having committed a felony with regard to those funds.”

Suarez-Quilty said this week that while she doesn't dispute the commission's findings, she is appealing the recommendation for a license revocation.

“There is no question that in the course of my disease of alcoholism I made bad decisions,” Suarez-Quilty said. “And I am desperately sorry for that. I am a sober woman today and living in recovery.”

Suarez-Quilty has practiced law in Iowa for 19 years and runs the Suarez Law Firm on Court Avenue in Des Moines, where she specializes in immigration cases and family law.

In 2012, she sought appointment to fill the term of a resigned Des Moines school board member, but was arrested a few days before the finalists for the position were chosen. According to police records, she came home intoxicated and fought with the man with whom she shared a residence at the time.
She allegedly punched him in the face, leaving his eye swollen shut. She was subsequently convicted of domestic-abuse assault causing bodily injury.

At various times, Suarez-Quilty worked as a staff attorney for Planned Parenthood and as a lobbyist for Orchard Place, the American Civil Liberties Union of Iowa and the Iowa chapter of the American Cancer Society.

In 2010, she received a private admonition for an alleged assault on a state trooper after a drunken-driving arrest. In 2013, she was publicly reprimanded as a result of her domestic-abuse assault conviction, and in 2015 she was publicly reprimanded for a variety of ethical violations.

Full Article & Source:
Des Moines lawyer faces disbarment over theft

How A Roof Inspection Led To An Emergency Guardianship

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NEWPORT, RI — Louise Mancini died in North Carolina last August at her sister's house. She had lived some 60 years in Newport but spent the last seven weeks of her life back home. Her sister, Faye Weller, made the trip to Newport to collect her after hearing some people had tried to take advantage of her. In June, according to court papers, Mancini, in a nursing home, on hospice, had been taken out of a Newport nursing home and 'induced' to sign away her property for a price as much as $200,000 below market value. An emergency guardianship stopped the sale.

The Purchase & Sale agreement, which Mancini signed, had been recorded in the Newport City Clerk's office on June 21, six days after it was signed by Sean Napolitano, acting as manager for NicNap Partners LLC. (He is not listed as one of the NicNap partners in the Rhode Island Secretary of State's Corporation Database. Andrew F. Nicoletta, of Middletown, is listed as the contact on the annual report filed Oct. 18. Under the manager's name, the entry is "None." Real estate investments are listed as the purpose of the business.)

On June 22, a day after the Purchase & Sale was recorded, Attorney William Harvey, who had been taking care of Mrs. Mancini's finances, went to court, applied for an emergency guardianship and was appointed her temporary guardian. Harvey told the Probate Court the reason for the emergency guardianship was this: she "was taken from nursing home by 86 year old boyfriend and induced into entering into purchase and sale agreement for less than market value."

The Probate Court ultimately obtained a "mutual release," cancelling out the Purchase and Sale agreement for the 86-year-old Mancini's property.

Napolitano did not respond to e-mail asking for comment. But court records and land evidence records show NicNap had offered Mancini $375,000 total for her two properties: the house at 12 Spring Street and the adjoining lot identified as 0 (zero) Moffitt.

How much below market value was the offer?

On Aug. 25, on or around the day she died, Probate Court Judge Gregory Fater authorized the 'fiduciaries' to sell her property "by private contract for an amount" not less than $563,000. A bond was fixed at $1.2 million. No surety was required. Per Land Evidence records, the two lots are still in her estate. But a zoning certificate was recorded on Oct. 10 from Guy Weston to Attorney Peter Regan, of Sayer Regan & Thayer. (If Regan's name sounds familiar, he is also the Middletown solicitor.)

Weston's certificate states Moffitt Place is a legal non-conforming lot, and it is buildable, meaning new structures could be built there, provided they met zoning criteria.

So, how did NicNap Partners manage to record a Purchase & Sale agreement for Mancini's two lots -- and for a price so far below their $563,000 minimum market value?

According to the guardianship papers, it all started when Mancini's lawyer, William Harvey II, contacted A-1 Roofing and Napolitano to inspect the roof at 12 Spring St.

Harvey also did not respond to the Patch's request for comment. His initial e-mail to Napolitano is not part of the court record, but this exchange followed on April 11 and 12, 2017.

"Sure," Napolitano e-mailed on April 11. "I'll inspect roof for her. What is the address? Is she looking to possibly sell? Just thought I'd ask."

The rest of the e-mail refers to a conversation unrelated to Louise Mancini and apparently about a rental Harvey was trying to arrange with Napolitano. It reads,"Yeah, Sean is a great guy. And Lastly, I'm thinking around July 1st is when that space would be available." It was signed "Sean."
Harvey wrote this message back.

"Sean, it's 12 Spring St. It will be on the market if she will ever kick the bucket. She's 86 and was on hospice. Now she's off and looks like she's ready to drop in on a half pipe."

The rest of his e-mail goes back to a question about the rental.

"What would you be looking for on the rent?"

Although Harvey's message was sent to Napolitano, it did not stay private. Per court records, someone apparently showed it to Mancini. She wrote it down verbatim.

On June 20, she had signed court papers agreeing to Harvey's appointment as her temporary guardian for limited purposes, including her real estate dealings, but seven days later, she sent the judge a handwritten letter.

"Honorable Gregory Fater," she wrote. "I do not want William Harvey as my guardian: I am not crazy at all. And I am able to take care of myself? (sic.) I feed myself and dress myself and I use my walker and my wheelchair to move myself around. I can walk (with) a walker. I do want my personal papers and checkbook returned to me immediately."

She signed the letter with her full name and address. Then she added this explanation.

"Here is what Mr. Harvey wrote about me: 12 Spring St. It will be on the market if she will ever kick the bucket. She's 86. Was on hospice. Now she's off and looks like she's ready to drop in on a half pipe.

"What would you for on the rent?

Plus no sale at all."

The next day she sent Fater a similar letter.

"Honorable Gregory Fater, I do not want William Harvey as my guardian: I am not crazy at all. And I am able to take care of myself? (sic.) I feed myself and dress myself and I use my walker and my wheelchair to move myself around. And I do want my personal papers and checkbook returned to me immediately." She signed the letter Mrs. Louise S. Mancini.

Two days earlier, on June 26, physician Robert O. Cicchelli evaluated her and concluded she had some mild impairment in cognition mostly due to past strokes. She was able to make good decisions about her healthcare and about social relationships but needed a "substitute decision-maker for protection in the matter of her financial decisions." Two of her prescribed drugs, gabapentin and Lorazepam" could tire her out enough to slow down her thinking and impair her business decision-making, he indicated. Otherwise, her mental outlook was good.

"I feel that she has no anxiety or depression," he wrote.

Fater appointed Attorney Craig Sampson, of Nicholson & Sampson as guardian ad litem to evaluate her. He went to visit her and talked with the nursing home staff and her friends. On July 11, Sampson concluded "a guardian is needed with respect to finances, residence and real estate transactions."

Earlier on July 6, he signaled any falling out between Mancini and Harvey had been patched up.

"She indicated that she did not believe she needed a guardian except as it relates to her real property," he wrote. "Louise informed me that she gets a little confused when it comes to her finances and would like Mr. William Harvey to continue to take care of her finances."

To be continued

Full Article & Source:
How A Roof Inspection Led To An Emergency Guardianship

Lawyer Wants Richard Dabate To Pay Back $70,000 To Slain Wife's Estate

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In the 16 months between Connie Dabate’s murder and her husband’s arrest, Richard Dabate emptied his wife’s bank accounts, cashed in multiple retirement accounts and was on the verge of selling a home the couple owned in Vernon.

The sale of that home on Talcott Road for $149,000 was supposed to close on April 21, 2017, a week after Richard Dabate was charged with murder. But an attorney for Connie Dabate’s estate asked a probate judge to halt the sale and Judge O. James Purnell III ordered a freeze on any of Connie Dabate’s assets, including that home, the day before it was supposed to close.

The couple also owned a home in Ellington, where Connie Dabate was killed.

Records show that while the sale of the Vernon house was halted Richard Dabate took hundreds of thousands of dollars out of his wife’s 401(k) accounts of which he was the beneficiary — at least one a Fidelity account worth nearly $100,000. He also took $70,292 from bank accounts in Connie Dabate’s name.

Connie Dabate’s estate was the subject of a hearing Tuesday before Purnell, who scheduled it to get more information on why the estate was down to only $6.42.

Richard Dabate started within weeks of his wife’s death by writing a letter to Protective Life Insurance trying to get them to pay him Connie Dabate’s $495,000 life insurance policy. She had taken out the policy in 2003, before the couple had any children, and named Richard as the sole beneficiary.

“I’ve included what I hope is all the correct information to process my wife’s claim,” Dabate wrote.

“I’m trying to process this as fast as possible for expenses purposes. Please let me know if you need anything else from me.”

The insurance company denied his claim after state police detectives informed them he was a suspect in his wife’s murder. The company has since filed a federal lawsuit asking the court to take control of the money and determine who it should eventually be distributed to.

A new inventory was filed by Dabate’s probate attorney Tuesday showing Connie Dabate’s estate was worth about $86,000.

Richard Dabate, as executor of the estate, paid about $17,000 in funeral expenses and state and local taxes from his wife’s estate, records show. He then withdrew another $70,000 for himself before he was arrested and charged with his wife’s murder in April of 2017.

That left the estate with $6.42. It is unclear what Dabate did with the $70,000. Lawyer John G. Tunila said he plans to file a motion asking Purnell to order Richard Dabate to pay back the $70,000 to the estate. Tunila represents Connie Dabate’s sister, who is now executor.

“We want the money restored to the estate because [the estate] doesn’t have enough left to pay its bills,” Tunila said.

Purnell accepted the new accounting of Connie Dabate’s assets and said he’d take up the motion to pay back the estate when it was formally filed.

Purnell removed Richard Dabate as executor of his wife's will in May after Dabate was charged with murder in Connie Dabate's death. He appointed Connie’s sister as executor, froze the estate and ordered a full inventory.

Connie Dabate, 39 at the time of her death, left all of her assets to her husband. The will was finalized before either of her two boys, now ages 9 and 6, were born and was never updated. Richard Dabate is free on $1 million bail.

When Purnell removed Dabate, he ordered him to produce a full accounting of his wife's estate within two months but he hadn’t done so until Tuesday.

In his initial report to the court Dabate didn't submit any information about why, in January 2016, he withdrew more than $90,000 from a Fidelity investment account that belonged to his wife, as outlined in his arrest warrant affidavit.

Tunila said the Fidelity account was one of “multiple” 401(k)s that Connie Dabate had that Richard Dabate withdrew from following her murder. He declined to say how much money was in those accounts.

The house at 7 Birchview Rd. in Ellington has been appraised at about $392,000, according to assessor's records.

Connie Dabate was found shot in the back of the head in the basement of the couple's Ellington home. Richard Dabate told state police that his wife was killed by a masked intruder who shot her in the couple's basement after chasing her. He told police he fought with the man in the second-floor bedroom before he was subdued by the intruder.

Richard Dabate was found by police sprawled out in the kitchen of the couple's large, colonial-style home. One of his arms and a leg were secured to a folding chair with a zip tie, and he had superficial knife wounds. Dabate told police he escaped by knocking a blow torch into the intruder's face with his free hand.

Dabate eventually told state police in a six-hour interview that he had a pregnant girlfriend and that his wife was going to help "co-parent" the baby. He later acknowledged that the pregnancy wasn't planned.

He promised his girlfriend that he was getting a divorce, according to the arrest affidavit. The baby was born in February of last year.

State police obtained cellphone records for the couple, computer records from Richard Dabate's laptop, Facebook records for both of them and the girlfriend, text messages and Fitbit records for Connie Dabate.

Connie Dabate's Fitbit showed her last movements were at 10:05 the morning she died, nearly an hour after Richard Dabate told police she had been killed. Facebook records showed Connie Dabate posted three videos at 9:46 a.m., and the alarm system records showed movements throughout the house that didn't match Richard Dabate's description of the attack, the warrant showed.

Connie Dabate also had a $475,000 life insurance policy that Richard Dabate tried to claim five days after the murder, only to be rebuked by the insurance company. The insurance policy isn't required to be listed as an asset of her estate.

Purnell said that the case will proceed through probate court but that a final distribution of assets will not be approved until Dabate's criminal case is resolved. Purnell said any sales of property or other assets will be held by a court-appointed fiduciary, and all assets of Connie Dabate will be frozen.

Full Article & Source:
Lawyer Wants Richard Dabate To Pay Back $70,000 To Slain Wife's Estate

State Supreme Court stands by its decision to suspend former judge

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The two-year suspension of the Maine law license of former York County Judge of Probate Robert M.A. Nadeau will go into effect Oct. 1.

The Maine Supreme Judicial Court on Thursday rejected Nadeau’s request for a reconsideration of the decision they made in June to suspend him for violating judicial canons during during his last term as York County Judge of Probate.

“The sanctions we impose here rest on our consideration of all of Nadeau’s history of professional misconduct, as both an attorney and a judge,” the justices wrote in a 10-page response to his request for reconsideration.

“As we stated in the opinion that is the subject of this motion, this is now the fourth time that Judge Nadeau has appeared before us for ethical violations, and the third time for conduct that occurred while serving in a judicial capacity. Here, his actions were often carried out in an intemperate and vindictive fashion against former colleagues of his law practice and their associates. Attorneys’ reputations were harmed, and litigants before him were pressured to support his efforts to increase court resources and his compensation. Judge Nadeau has not fully acknowledged the intemperate nature of his decisions.“

The justices wrote that prior corrective actions had not been effective.

“This time, therefore, more severe sanctions are warranted,” they said.

Following complaints filed by the Committee on Judicial Responsibility and Disability, the justices in June found Nadeau violated judicial canons when he directed probate court staff not to make court appointments to seven attorneys; regarding his removal of a previously appointed attorney from pending cases; his issuance of orders urging litigants appearing before him to lobby for increased court time, and his personal solicitation of campaign contributions for his 2016 election campaign, according to the court document.

In his motion for reconsideration, Nadeau pointed out that the Committee on Judicial Responsibility and Disability had asked for a suspension of his license to practice law only if he were to again run for probate judge.

Nadeau also raised questions about due process, the burden of proof and what he described as the Maine Supreme Judicial Court’s commentary regarding whether he “fully acknowledged the intemperate nature of his decisions.”

“Regardless of the circumstances and my efforts to quickly right any wrongs when I made them, and regardless of the applicable canons, my goal was always to avoid errors of any sort, and to do what was best and most supportive for the users of the probate court,” he wrote. “I apologize for not having done better, and I blame only myself.”

The justices found that Nadeau’s order to staff to reschedule all pending court cases in the hours after his bid for more court time and a larger salary was rejected by York County Commissioners in 2015, did not constitute a violation of judicial canons.

“With this history, Nadeau was certainly on notice regarding the sanctions he could face; he has not been denied due process in this proceeding; and he has failed to demonstrate that he has been sanctioned more harshly than others similarly situated, having identified no Maine attorney with a history of professional misconduct violations as extensive as his own,” the justices concluded.

Nadeau served several terms as York County Judge of Probate. He was first elected in 1996 and again in 2002 and 2004. He lost the 2008 election but was returned to the bench in 2012. He lost in a three-way race to Sanford Attorney Bryan Chabot in November 2016; Chabot took office in January.

Full Article & Source:
State Supreme Court stands by its decision to suspend former judge

Woman fights court system for right to make own decisions

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WSMV News 4NASHVILLE, TN (WSMV) - Reba Sherrill may be in a wheelchair, but she's ready for a fight.

"I'm not going to let them just get away with this," she said.

Sherrill is fighting for the right to make her own decisions – something her daughters don't take for granted anymore.

“My mom's not a criminal, and yet they're treating her like a criminal," said Brenna Outlaw, Sherrill’s daughter.

The struggle began when Sherrill went to Vanderbilt University Medical Center in August. She was having complications from a car accident that happened in December 2016.

"When I went on Tuesday night, they kept me. And that was the beginning of the nightmare,” Sherrill said.

Sherrill went to Vanderbilt for a physical problem, but Vanderbilt's lawyers filed papers in Davidson County Probate Court saying Sherrill had a "borderline personality disorder.” Vanderbilt asked a judge to appoint someone to take control of her affairs. They said no family members were willing to do it.

Judge Randy Kennedy approved Vanderbilt's request the same day without consulting Sherrill or her family.

"Aug. 23, they went to court and asked the judge to appoint someone to make my decisions. They didn't tell me this hearing was taking place. It happened, and the next day, I was notified that it had taken place," Sherrill said.

"And it didn't matter. It didn't matter that they didn't notify family. That they had family willing to step in," said her daughter, Emily Outlaw.

The judge appointed a Nashville attorney, Cathryn Armistead, to serve as what's called a fiduciary. That gave Armistead power over where Sherrill would live; what doctors she would see – and it gave Armistead control over Sherrill’s financial affairs.

"They took all the money out of my bank account. Didn't even warn me. They didn't even tell me they were going to do it. They redirected all my personal mail to the attorney who was serving as the fiduciary," Sherrill said.

Sherrill was trying to rebuild her house in Hendersonville. It had been damaged in a fire. She couldn’t go forward because she couldn't pay the contractors.

Armistead moved Sherrill to a nursing home. Her family said she was given mind-altering anti-psychotic drugs even though her own family doctor wrote a letter saying those medications could cause a life-threatening adverse reaction.

"It didn't matter that she had a neurologist who said she's allergic to it, shouldn't take it, they were just shooting her up with it anyway," Emily Outlaw said.

Vanderbilt's attorney Anthony Bills filed papers with the court saying doctors determined that Sherrill was paranoid and delusional.

Sherrill said she believes it was because she told them she was highly sensitive to pesticides and herbicides.

"They said that because I eat only organic food that I was paranoid and psychotic," she said.

Sherrill’s daughter Brenna Outlaw found the idea laughable.

“I eat organic food; there’s a lot of people who eat organic food. There are millions of people who only eat organic food,” she said.

Vanderbilt’s attorney filed more papers, asking the court to give Armistead broader powers. They asked that Armistead be named Sherrill’s conservator permanently.

That would give Armistead the right to make end-of-life decisions, control all her medical care, decide where she lives, and sell her property.

"Basically when you go through this situation it's like you've already died. They take everything. They liquidate," Sherrill said.

A hearing was set for Oct. 11. Two days before that hearing, Judge Kennedy signed an order giving Armistead control over the settlement that Sherrill received after the December car accident.

The settlement totals more than $1 million – money that would then become available to pay all the fees that are racked up in conservatorship cases.

Hourly fees are charged by the lawyer the judge appointed to represent Sherrill. Armistead, an attorney, is also allowed to bill by the hour for work done on Sherrill’s behalf.

It's up to the judge to approve the bills; the family has no say.

"I'm kind of scared of how much they're going to end up charging her," Emily Outlaw said.

On Oct. 11, News 4 attended the hearing as the family fought the proposed conservatorship. Lawyers spent hours in negotiations behind closed doors.

In the end, both sides agreed that Sherrill's brother could be her conservator. Armistead is out of the picture.

"I like that if somebody is going to be over me, it's him," said Sherrill, referring to her brother.

There's something that Sherrill's family has never understood. Why did Vanderbilt's lawyers keep fighting to establish a conservatorship, even long after Sherrill had been discharged as their patient?

The News 4 I-Team’s Nancy Amons asked Vanderbilt’s attorney Anthony Bills as court finished for the day. He declined to answer questions.

"Again, Miss Amons, I'm sorry, I'm not at liberty to speak outside the courtroom about this case. Thank you." Bills said.

Sherrill and her family are at a loss to understand Vanderbilt’s continuing interest in their former patient.

"My attorney asked them that question, and they never really gave us an answer,” Sherrill said.
A Vanderbilt spokesperson emailed the I-Team a statement:

“The 2 million-plus patients we treat each year represent a variety of life experiences and social circumstances. We support the use of conservatorships for some patients to ensure there is an appropriate legal process in place for decisions associated with patient care,” said John Howser, chief communications officer with Vanderbilt University Medical Center.

Vanderbilt did not comment on why they pursued the conservatorship for some six weeks after Sherrill was no longer an inpatient.

The Sherrill family wants the laws changed. They want more protection for people like themselves – protection from a system they feel is un-American.

"This could happened to anybody," Brenna Outlaw said.

"They claim these are put into place to help the individual, to protect them, but all I see is it's abuse," Sherrill said.

Armistead did not return phone calls and emails sent to her office.

This isn't the first conservatorship case the I-Team’s Nancy Amons has investigated in Judge Kennedy's court.

Songwriter Danny Tate fought to get out from under a conservatorship under Judge Kennedy. His home was auctioned, and was purchased by the attorney to whom he owed legal bills.

Amons also profiled the stories of two other women, Jewell Tinnon and Ginger Franklin. Both of them lost their homes and all their possessions after the court put them in conservatorships. They have since died.

Full Article & Source:
Woman fights court system for right to make own decisions

Pottstown man faces trial for alleged $843K theft from grandmother, famed radio host

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 COURTHOUSE >> A Pottstown man accused of stealing about $843,000 from his grandmother, well-known Philadelphia radio personality Mary Mason, told a judge he wants to take his case to a jury.

Calvin Steven Turner IV, 33, of the 800 block of South Street, through his lawyer, notified Montgomery County Judge Garrett D. Page on Thursday that he wants to go to trial on the 283 theft-related charges that were lodged against him last November in connection with the alleged theft that prosecutors claim left Mason, a former WHAT radio host of “Mornings with Mary,” destitute.

“We will try this case. This case is going to go forward,” said Page, indicating he will schedule a three-day jury trial for the matter.

Addressing the judge, Assistant District Attorney Christopher Daniels claimed that after discussions with Turner’s legal team he had been under the belief that Turner was to plead guilty to some of the charges on Thursday. Daniels said the case has “lingered” for months and he seemed to oppose any defense request for a delay.

“My client has a right to say, ‘I didn’t do it,’” defense lawyer Martin P. Mullaney responded.

During several heated exchanges, Mullaney claimed defense lawyers are still trying to obtain documents related to the investigation that they need to prepare a defense. Daniels countered that prosecutors have turned over all so-called “discovery” and that Mullaney had all documents connected with the investigation.

“I’m ready, judge…to try this case,” said Daniels, who also informed the judge that no plea agreement was on the table.

“The commonwealth will continue to pursue this case against Turner because Mary Mason, while incapacitated, did not save all of this money throughout her life so that her family member could steal it and use it for his own benefit. It was for her benefit and unfortunately, for her, she had to move out of the assisted living facility that she was in because this family member stole her money and was unable to pay the bill,” Daniels added after the hearing.

Turner scurried from the courtroom and did not respond to reporters’ questions after the hearing. Turner remains free on bail pending trial.

“It appears that he had a legitimate power of attorney signed by Mary Mason that gave him the right to invest her funds as he saw fit without consequence,” Mullaney said after the hearing, hinting at a potential defense strategy.

An investigation of Turner began in February 2016 after Whitemarsh Township police received information that Mason’s bills were not being paid at Sunrise of Lafayette Hill, an assisted living facility in the township where Mason, now 86, had resided at the time. Mason, whose real name is Beatrice Turner, “has been diagnosed with dementia and Alzheimer’s disease,” according to the criminal complaint.

In May 2016, Mason’s account was $55,700 in arrears and no payments had been made on her behalf since August 2015, according to court documents.

“Administration at Sunrise informed me that (Mason’s) grandson was responsible for the payments and numerous messages and letters were sent to Steven Turner about the past due bills of his grandmother,” Whitemarsh Detective Craig Cubbin alleged in the arrest affidavit.

Turner, according to court papers, is Mason’s only living relative and when he placed Mason in Sunrise he gave the facility a copy of his power of attorney for Mason, dated September 2012. Authorities, in court documents, alleged the power of attorney “was missing numerous pages” and that Mason’s signature that appeared three times on the document “appears to be written in different styles and even misspelled once.”

The power of attorney stated that Turner “must use due care to act for the benefit” of Mason and that he was to keep Mason’s assets separate from his, according to the arrest affidavit.

When detectives confronted Turner in June 2016, he allegedly told them he knew his grandmother’s bills at Sunrise were in arrears and that he was trying to get them up to date.

“Steven Turner stated that his grandmother’s money ran out in 2015 and he was trying to pay the bills with his money,” Cubbin alleged.

The investigation revealed Mason at one time had cash and assets valued at more than $1 million, including multiple bank accounts and two condominiums and should have had enough funds to support her care at Sunrise, detectives said.

But authorities alleged Turner used Mason’s funds for his personal gain, making cash withdrawals from her accounts, transferring some of her funds to a real estate company he created and selling Mason’s condominiums for profit. Detectives alleged Turner then bought three other homes in Philadelphia and Pottstown.

“Steven Turner used these funds for his own benefit and lifestyle,” Cubbin alleged.

Turner allegedly used a debit card associated with Mason’s accounts for cash withdrawals and purchases in the amount of $73,282, including food and liquor purchases and “$15,556 of the total charges were to a strip club in Las Vegas.”

In April 2016, a court-appointed lawyer was named guardian for Mason’s estate. That lawyer was able to recover about $62,000 by selling two of the Philadelphia parcels that Turner allegedly purchased with Mason’s funds, according to court documents. At the time of Turner’s arrest last year, that lawyer feared Mason would have to be moved from Sunrise into a facility “where Medicare will take over,” according to court papers.

During subsequent Orphans Court hearings Turner was ordered to turn over the assets totaling more than $1 million or to show an accounting of how those funds were spent on Mason’s behalf.

“Steven Turner has failed to turn over the monies and has shown no accounting of how the funds were spent on his grandmother’s behalf,” Cubbin alleged in the arrest affidavit.

Full Article & Source:
Pottstown man faces trial for alleged $843K theft from grandmother, famed radio host

Supreme Court indefinitely suspends special-needs trust lawyer

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An Indianapolis lawyer suspended amid criminal charges and allegations that he stole hundreds of thousands of dollars from his clients’ special-needs trust funds has drawn a harsher rebuke from the Indiana Supreme Court for noncooperation with a disciplinary complaint against him.

Justices on Tuesday issued an order of indefinite suspension against Kenneth Shane Service. The Supreme Court in June temporarily suspended Service from the practice of law after he was charged in Lawrence County with Level 5 felony theft of more than $50,000. He is accused in that case of stealing at least $85,000 from two Bedford-area clients’ special-needs trusts.

But law enforcement investigators and attorneys who intervened in other cases to remove Service as a trustee say that’s only a fraction of the money missing from trusts he established.  A state police investigator told the Indiana Lawyer last month he was aware of as many as 17 potential cases where money may be missing from special-needs trusts Service opened in Indiana, Florida and West Virginia. A Fort Wayne attorney who intervened to remove Service as a trustee in five northern Indiana cases said well over $200,000 is missing from those trusts.

Separately, Service was at the center of a civil case argued last month before the 7th Circuit Court of Appeals. The estate of a Missouri woman appealed a ruling in favor of the Carmel-based foundation Service established, the National Foundation for Special Needs Integrity, Inc. The estate argued trust documents Service created for the foundation were intended, by Service’s own admission, to be confusing. Those documents formed the basis for the foundation to take the remainder of Theresa A. Givens’ trust after her death in 2011 — at least $220,000 — in 2013 and 2014. Service was booted from the foundation in 2014, and the 7th Circuit has yet to rule in this case.

In its order Tuesday, the court wrote Service had not responded and failed to cooperate with the Supreme Court Disciplinary Commission’s investigation of two grievances filed against him. Service also was ordered to reimburse the commission $513.12 for costs of prosecuting one of the grievances.

Meanwhile, a pretrial conference in Service’s criminal case in Lawrence Superior Court 1 is scheduled for Nov. 13.  

Full Article & Source:
Supreme Court indefinitely suspends special-needs trust lawyer

Appeals judge: Savitt case shows guardianship system in ‘disarray’

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A panel with the 4th District Court of Appeal hears the guardianship case of senior Frances Berkowitz
A state appellate judge said from the bench that one of professional guardian Elizabeth Savitt’s most controversial cases is an example of Florida’s guardianship system in “disarray” — a system that is supposed to protect incapacitated seniors but instead “sucks the ward’s estate dry.”

Last year, then-Palm Beach County Chief Judge Jeffrey Colbath handed down guardianship reforms, many of which targeted specific actions by Savitt — such as the taking thousands of dollars in fees prior to judicial approval. Savitt is married to former Circuit Court Judge Martin Colin.
“The reason why we find ourselves in this Byzantine muck, if you will, is because there is no clear strategy on who is ultimately responsible for that dignity of the ward or the preservation of the decedent’s estate,” said Judge Cory Ciklin of the 4th District Court of Appeal at a Tuesday hearing on the Savitt guardianship of Frances Berkowitz.

“Maybe something will come out of this case that, if nothing else, encourages an appreciation of how terribly the system is in disarray.”
Ciklin’s comments during a hearing Tuesday morning were even more remarkable considering the law firm of his brother Alan — Ciklin, Lubitz & O’Connell — recently got hit with a  $16.4 million verdict for running up fees in a guardianship in front of Colin.

That federal case has since settled for a confidential amount to avoid a lengthy and expensive appellate process. But the troubled guardianship of Frances Berkowitz, a state case, is on appeal.

The Palm Beach Post’s award-winning investigative series, Guardianship: A Broken Trust, outlined the vast conflict of interest for Judge Colin as a sitting guardianship judge while his wife practiced as a guardian. He was removed from overseeing guardianship proceedings and announced his retirement.

The series also reported numerous complaints from families of Savitt’s wards and forced her cases to be moved. Colbath then announced his reforms.

Victim of fraud

The issue litigated Tuesday at the 4th DCA centered on whether a lawyer who sought a guardianship to protect his client, Berkowitz, could challenge Savitt for her actions and get her removed.
Boca Raton attorney Webb Millsaps claimed in court documents that Savitt squandered Berkowitz’s opportunity to recover as much as $1 million from a bank and a Miami lawyer who assisted a caregiver in defrauding Berkowitz of her life savings. The senior died on Dec. 31 at age 86.

Palm Beach County Circuit Judge Howard Coates last year ruled Millsaps and his colleague, Donna Greenspan Solomon, had only limited standing to challenge Savitt. Coates ended up dismissing Millsaps’ only surviving claim that Savitt’s appointment was invalid and may have been influenced by Judge Colin.

Millsaps also argued that Savitt failed to account for $400,000 missing from Berkowitz’s bank accounts.

Instead, the former tennis pro turned guardian entered into a settlement that let the bank and other parties off the hook and instead used what was left of Berkowitz’s money to sue Millsaps and Solomon for the fees they took in collecting more than $800,000 from the caregiver.

Solomon, representing Millsaps on Tuesday, told the appellate panel the settlement Savitt made with the bank and caregiver never was formally approved by any court.

Solomon told the appellate panel — which included Judge Mark Klingensmith and Associate Judge Mark Belanger — that Savitt paid off a $308,000 foreclosure judgment on a home she owned shortly after receiving her appointment in December 2014.

Savitt’s attorney previously told The Palm Beach Post that documentation was provided to the Clerk of Court & Comptroller showing the money used to pay off the foreclosure judgment came from Savitt’s personal accounts.

No standing

If the appellate court rules in Millsaps’ favor, Solomon said, the decision would allow the Berkowitz heirs to unwind the settlement made by Savitt. The family members have also indicated they plan to sue Savitt.

John Carter, a Boca Raton lawyer representing the family who was present at the hearing Tuesday, said Ciklin’s questions and comments highlighted the core problem with guardianship in Florida: “The need for protection of the elderly and their assets from all persons with a financial stake in the process.”

Attorney Roger Levine, arguing on behalf of the guardianship on Tuesday, told the DCA panel that Millsaps, despite being the one who sought guardianship protection for his client, had no standing under the law to challenge Savitt’s decisions.

Klingensmith, though, said he reads the state guardianship law as giving broad authority to allow interested parties to intervene if a guardian is “not acting in the best interest of the ward.”

Ciklin also indicated Coates could have acted unilaterally to get to the bottom of Millsaps’ accusations against Savitt.

“The stark reality is whatever judge is assigned to a particular case is the person in charge. Period,” Ciklin said. “This, I would suggest, needs to begin and end with that judge.”

Solomon said she pleaded with Coates to look at the Berkowitz case and “find out what is going in our guardianship system in the state of Florida.”

“The absurdity of all this to some extent is that the ward ends up paying for everybody,” Ciklin said. “And all the while the ward’s estate is just being sucked dry.”

Full Article & Source:
Appeals judge: Savitt case shows guardianship system in ‘disarray’

Deer Lodge district court roundup: Woman pleads not guilty to bilking elderly man of $75,886

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DEER LODGE — A Deer Lodge woman pleaded not guilty in district court this week to felony elder abuse by exploitation.

According to court records, Cynthia Ward, 62, is accused of bilking a 96-year-old man of $75,886. The fraud allegedly occurred between Jan. 1, 2015, and Sept. 26, 2017. The matter came to light when Ward facilitated the purchase of land south of Deer Lodge from real estate agent Tom Rue using $10,000 paid by the elderly man.

The record states that Rue told Sheriff Scott Howard that he was uncomfortable with the sale after he observed what he felt was undue influence by Ward on the man to pay the down payment.

Ward placed the elderly man in a nursing home on May 3, 2017. Suspicion arose regarding the use of the man’s funds, and it was reported to adult protective worker Janel George.

Ward allegedly had the man's debit card and checkbook and used his Social Security funds for her and other family members’ personal benefit, including ATM withdrawals, two road trips, plane tickets for three other trips, and other expenses.

Ward is free on $25,000 bond pending further court proceedings.
In other recent court proceedings:

• Trevor W. Cuchine, 22, of Deer Lodge pleaded guilty to amended charges of two counts of misdemeanor negligent criminal endangerment.

He was given two one-year deferred sentences to run concurrently, fined $600 and $140 in court fees, and ordered to pay $1,239.86 restitution.

According to court records, on Oct. 30, 2016, Cuchine was with the last group of people to be admitted to the Old Prison Museum haunted house. He ran ahead of the group, and as he ran past a woman actor, he punched her in the face with his fist, causing her head to hit the wall. She was escorted to the hospital where a doctor diagnosed her with post-concussion syndrome.

• Tawnee A. Felde, 27, of Deer Lodge pleaded guilty to felony criminal possession of dangerous drugs, methamphetamine, and to violating conditions of her probation by possessing drug paraphernalia.

On each charge, she was sentenced to a five-year commitment to the Department of Corrections to run concurrent, all suspended, and given credit for one day served.

One condition of the sentence is that Felde complete an in-patient chemical dependency treatment program within six months of sentencing. She must also pay $80 in court fees.

Full Article & Source:
Deer Lodge district court roundup: Woman pleads not guilty to bilking elderly man of $75,886

A Futuristic Suit That Gives You a Taste of Old Age

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What could it possibly be like to be old? The stooped shuffle, the halting speech, the dimming senses.

An at Liberty Science Center [this past April} in Jersey City answers the question by letting you walk a proverbial mile in your elders’ orthopedic shoes. Slip into the R70i Age Suit, a robotic contraption complete with “augmented reality” goggles, and suddenly you are 85.

It is not very pleasant.

An attendant cranks up a fader and your vision dissolves into melty, grayed-out blobs, like a memorably unvivid psychedelic experience. “This is called age-related macular degeneration,” the suit’s inventor, Bran Ferren, said at a preview on Thursday.

More knobs twiddle, and your hearing is subsumed in a fog of tinnitus, muffling and distortion. A dose of echo is added to the sound mix, interrupting your speaking and simulating the effects of aphasia.

Now it was time to move about. Loaded with hardware and a computer, the suit itself weighs 40 pounds, distributed as uncomfortably as possible. “It’s going to get much worse,” promised Mr. Ferren, a noted special effects designer. “You haven’t lived.”

I raised an arm, as if to reach up on a shelf, and the suit’s system of torquers and electronic disc brakes sprang into action. It felt like my joints had become entirely ungreased. I could barely lift my arm above my shoulder.

Mr. Ferren invited me onto a treadmill. I hobbled up.

“Now let’s start losing muscle strength,” he said.

Why does your grandfather move so slowly? Because, apparently, walking across the parking lot for him feels like hour three of a hike up a mountain, wearing an overstuffed, lopsided backpack. (This may also explain why he’s cranky.)

For an extra frisson, Mr. Ferren set the resistance on one side of my body to a so-called normal level and the other to an extreme. The settings mimicked how he felt while trying to walk just before he had a hip replaced five weeks ago at the tender age of 63.

Full Article and Source:
A Futuristic Suit That Allows You to Experience Old Age
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