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Coming Sunday: An investigation into guardians of the vulnerable

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Ludalla Gibson
In a three-day series, the Reading Eagle illustrates how courts are failing those who can't look out for themselves.
Beginning Sunday, the Reading Eagle launches a three-day series looking at the deficiencies in the system of appointing guardians to oversee those who are incapacitated.

The special report, "Unguarded: How the courts fail the vulnerable," reveals the findings of a Reading Eagle investigation that began 15 months ago.

Guardianship is the legal process of determining whether an adult has the capacity to make sound decisions and appointing a substitute called a guardian when they cannot. Judges can appoint a guardian to make decisions about the incapacitated individual, such as where they will live or the health care they'll receive, or to the estate, deciding how a ward's money will be spent.

Because of the loss of civil liberties, guardianship has always raised abuse concerns. And it's an area of growing concern with an aging population.

No good, reliable data exists on elder abuse, guardian caseloads or the number of adults in guardianship. Pennsylvania does not yet have a statewide data management system.

Because those 60 an older are most likely to be in a guardianship, and this demographic is expected to double in the next three decades, there is a growing concern over identifying and addressing guardian abuses.

Despite the widespread belief that judges more frequently appoint family members to serve as guardians, professionals are more likely to be tapped to take responsibility for those who are incapacitated, according to a Reading Eagle analysis of court dockets.

For example, 73 percent of the appointments in Philadelphia County in 2016 were held by at least one professional guardian.

While we hope you read each installment of the three-day series, we want to hear your stories, too.
If you or a loved one has had an experience with the guardian system in Pennsylvania, send your story and contact information to wardstories@readingeagle.com.

And, join Reading Eagle Investigative Reporter Nicole Brambila and Photographer Susan Angstadt for a live Facebook discussion about the project on Monday at noon.

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Coming Sunday: An investigation into guardians of the vulnerable

Wilmington Woman Wanted For Exploiting Elderly: Complaint

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JOLIET, IL - A 33-year-old woman from Wilmington is wanted by the Wilmington Police Department in connection with allegations that she exploited an elderly woman for her own financial gain. Last week, a grand jury at the Will County Courthouse returned a criminal indictment against Leah Kozlowski. She faces a Class 2 felony count of financial exploitation of the elderly.

The complaint states that Kozlowski "while standing in a position of trust and confidence ... knowingly and by deception obtained control over the property of (a 79-year-old woman) ... namely U.S. cash, and the value of funds obtained from (the woman) was more than $5,000 but less than $50,000 and such acts were done in furtherance of a single intention ..."

Will County Judge Carmen Goodman set a steep $400,000 bail for Kozlowski, who has yet to be taken into custody. The criminal investigation was handled by the Wilmington Police Department. Kozlowski's alleged crime occurred between August 2016 and June 16, 2017, the complaint states.

Court records indicate that Kozlowski has lived in the 34200 block of Wildwood Avenue in Wilmington.

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Wilmington Woman Wanted For Exploiting Elderly: Complaint

How SF heeds cries for help from the homeless

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San Francisco spends more than $300 million every year on homeless services and supportive housing, yet the number of people in significant distress only seems to increase. (Mike Koozmin/2015 S.F. Examiner)

A few weeks ago, a good friend of mine who grew up in — and still lives in — New York City was visiting the Bay Area. We hadn’t said more than a few words to one another when she told me how shocked she was to see how bad the situation on the streets of San Francisco had become.

During the few hours she was in The City, she saw two different people screaming either at her or just into the air, cursing with the wild rantings of someone suffering serious mental health issues or in the throes of very bad drugs. There are lots of homeless people in New York City, she told me, but they’re not screaming on street corners.

My friend’s experience has become all too common in San Francisco. Those of us who live here have become inured to the horrible conditions on the streets. We see it so often that, sadly, it’s become just part of living here.

San Francisco spends more than $300 million every year on homeless services and supportive housing, yet the number of people in significant distress only seems to increase.

It is inhumane to allow someone who is in deep distress to remain in that state for days, weeks or even months at a time. There is no compassion in allowing someone who clearly needs help — and who is not in their right mind to decide for themselves — to avoid getting it.

Yet, as a city, we’ve been reluctant to force people to get help. In 2014, the Board of Supervisors intensely debated whether to adopt Laura’s Law, a state law that allowed family members and others to ask a judge to compel a small subset of people with severe mental illness — those with a history of violence or repeated hospitalizations — to undergo intense outpatient psychiatric treatment, even if the person initially refused the care.

A report issued last year by the San Francisco Department of Public Health found largely positive results for the 60 or so people participating — most voluntarily — in the local program that grew out of Laura’s Law. Even the six ordered by a court to participate saw improvements in their conditions.
Overall, a clear majority of participants (from 65 percent to 87 percent) had fewer hospitalizations, incarcerations or other contact with psychiatric emergency services. Nearly 90 percent reported having a positive outlook on their future. After one year of operation, the program seems to be working.

Hoping to get even more people into treatment, state Sen. Scott Wiener has proposed legislation that would allow communities to expand who is eligible for a conservatorship; that’s when a judge appoints someone to help manage a person’s finances, health care or daily activities when the person is not able to do so themselves. Currently, counties can only create conservatorships for seniors who are at risk of abuse or for people who are “gravely disabled.”

Wiener’s legislation would expand conservatorships to include chronically homeless individuals suffering from severe mental illness or drug addictions. He wants the conservatorship to come with housing attached, so individuals are off the street while getting the help they need.

At the same time, Board of Supervisors President London Breed has introduced legislation that would designate the City Attorney’s Office as the overseer of conservatorships — not the District Attorney’s Office, as is currently the case. The hope is that this move will allow increased coordination between city agencies.

Breed’s legislation would also create a working group to meet regularly to discuss how to deal with the most severely mentally ill and drug-addicted people on the street, with plans tailored to each individual’s specific problems.

I hope advocates on all sides of this issue will focus on how to get more people into treatment that really works, rather than knee-jerk oppose these ideas because of who proposed them.

Neither of these two pieces of legislations will “solve” homelessness. But they could help larger numbers of chronically homeless people with serious mental health problems or drug addictions get the help they desperately need, to take their first steps to stop the screaming on the streets. That is the compassionate, humane thing to do.

Sally Stephens is an animal, park and neighborhood activist who lives in the West of Twin Peaks area.

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How SF heeds cries for help from the homeless

Huber Heights nursing home officials issue statement regarding abuse claims

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UPDATE @ 6:59 p.m. (March 2): Laurels of Huber Heights released a statement Friday, in addition to comments issued Feb. 27 following our initial story.

“On February 26, 2018, we were notified that a family member of one of our residents posted to social media their care concerns. The Laurels of Huber Heights takes all concerns seriously and has systems in place to review and address them,” the statement read.  “Immediately, our management attempted to reach family members of this resident to discuss and address their concerns; we will continue attempts to communicate directly with them, until this can be discussed and resolved.”
Read the statement released Friday, in its entirety, here:

INITIAL REPORT (Feb. 26):

An area nursing home says it’s investigating after relatives of one of its resident posted on social media Sunday that the man was being neglected. 

Sara Vagedes wrote in a Facebook post that her 89-year-old grandfather was ‘badly’ in need of attention when she visited him at Laurels of Huber Heights Nursing and Rehabilitation Centers on Sunday afternoon.

 
INITIAL REPORT (Feb. 26):
An area nursing home says it’s investigating after relatives of one of its resident posted on social media Sunday that the man was being neglected. 

Sara Vagedes wrote in a Facebook post that her 89-year-old grandfather was ‘badly’ in need of attention when she visited him at Laurels of Huber Heights Nursing and Rehabilitation Centers on Sunday afternoon.

The elderly man, also a veteran, was aspirating with food piled up in his brace, fruit punch spilled across the bed sheets and trash everywhere, Vagedes said during a phone interview Monday. 

"We are aware of comments and concerns that were made via social media about a resident in our care,” officials at the facility said in a statement, declining to be interviewed. “We take all concerns very seriously, are investigating the concerns that were posted and will complete a full investigation as well as cooperate with all external regulatory agencies as necessary.”

Vagedes’ Facebook post, which included photos of her grandfather, went viral, and was shared nearly 20,000 times.

A reporter talked to a relative of another resident at Laurels of Huber Heights on Monday. 

WHIO-TV reporter Lauren Clark asked the woman, who did not want to be identified, if she’d had any experience like the Vagedes family or if they’d had an OK experience. The woman told Clark, “so far we’ve had an OK experience.”

The woman went on to say, “I think they're really shorthanded here. And nobody can take care of a loved one like you can.”

The Ohio Department of Health would not confirm if it's investigating the specific incident described in Vagedes’ Facebook post. However, the agency in the past year has investigated nine complaints at Laurels of Huber Heights, according to the Ohio Department of Health’s website.

For instance, in November, the facility was instructed to develop and implement neglect and abuse policies after the agency learned that one of the nursing home’s  employees had disqualifying criminal convictions for theft and drug possession.

But officials at the nursing home say all previous complaints have been resolved.

Vagedes’ grandfather was transported to Grandview Medical Center and is in the intensive care unit, the family said.

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Huber Heights nursing home officials issue statement regarding abuse claims

Oscar-Nominated Doc 'Edith+Eddie' Gets Honest About Abuse Of Elderly

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Click to Watch Video
Laura Checkoway certainly won't be the most famous director in the room at the 2018 Academy Awards ceremony. But that's exactly what makes it so special. Her second film, "Edith+Eddie," is one of five contenders for best short-subject documentary. She not only directed, produced and edited the film, but she also independently financed it with her fellow producers.

The film follows the lives of Edith and Eddie. When they got married in 2014, they were in their mid 90s and were America's oldest interracial newlyweds. But a family feud threatens to tear them apart.

The documentary indirectly draws attention to the elderly guardianship system, which, Checkoway says, "is in great need of reform."

If an elderly person hasn't arranged for a relative to take care of them, should their cognitive abilities worsen, the state will appoint a guardian to take over their legal and financial decision. This is also the case for elders whose family guardians are in disagreement — as in Edith's story.

Although some would agree court-appointed guardians can serve an important role in our society, critics of the system say there aren't enough safeguards against abuse. The National Association to Stop Guardian Abuse advocates for guardianship law reform. The group argues over the years, that law "has been misapplied, misused, and sometimes … manipulated." The group also warned about the dangers associated with giving strangers "total and absolute control of life, liberty, and property of their wards."

Checkoway talked about her Oscar-nominated film with Newsy's Ben Schamisso.

NEWSY'S BEN SCHAMISSO: What would you say the documentary touches on? What are the major themes?

LAURA CHECKOWAY: It brings up elders' rights, dignity and honor, and I think we live in a culture that often disregards some of the most vulnerable among us. And there's a certain reverence or honor for elders that has been lost. What happened with Edith and Eddie is happening to elders all over the country, and most people don't know about it unless it happens within their own family. People that have seen the film told us that this inspired them to go home and talk with their families and loved ones.

SCHAMISSO: Was it a challenge to embed yourself in Edith and Eddie's life, considering that they are quite old?

CHECKOWAY: They opened up right away, and they were so happy to be together and to have found love at this time in their life that they were just really generous and shared their story.

SCHAMISSO: One of the most powerful scenes in the documentary, when Edith is being chased from her own house, it's just such a traumatic scene. What was your state of mind being there in that moment as a filmmaker?

CHECKOWAY: As a doc filmmaker, you know you go on this ride, and it often takes you to all sorts of places and a lot of twists and turns. You just want to stay centered on what you're there to do and the work, and at the same time, these are people who we really care about, and so our hearts were breaking.

We're standing outside in the rainstorm, and Corwin, who was running the sound, said he was still picking up the audio, and he kept saying, "Eddie is amazing, Eddie is a hero," and I didn't know what was going on until, you know, we got home and got to hear the footage.

You never know who you're going to be in any given moment until you're faced with certain experiences, and so who he was in that moment, it really shines through.

SCHAMISSO: Is Edith still alive?

CHECKOWAY: She passed away in March.

SCHAMISSO: Do you think she could have ever imagined that a documentary about her own life story would be nominated for an Oscar?

CHECKOWAY: That's a great question. I don't know, but I know that her daughter Rebecca, she just finds it so incredible. She said her mom was from a part of Virgina in the Appalachian Mountains called Tinywood that's not even on the map, and she said, "From Tinywood to Hollywood," which I thought was, you know, really sweet to hear. I do feel like Edith and Eddie are still with us. Every time people see this film, they're touched by it, and I think that something in them knew that their story represented all elders.

SCHAMISSO: How did Cher become an executive producer?

CHECKOWAY: I was already in the process of making the film, and Cher saw a news clip that said the couple's marriage was threatened. She was moved to want to help them, and so she got involved behind the scenes. And out of her generosity, she hired an attorney to help Rebecca in her fight to first keep the couple together and then to try to bring Edith back home.

She saw the film, and she loved it, and she agreed the lend her name as an executive producer.
Having somebody with that kind of star power is, you know, extra special, and I just think that there's something about it, of, just all of us as human beings, being the same and caring about each other. Something about that that's at the core of this, where, whether it's me or Cher or Edith or whomever, that we're all women and people and that just what tugs at our hearts is — there's just a lot of commonality there.

SCHAMISSO: I know you also are a very successful writer and feature journalist, so I'm wondering how does being a writer help you in your documentary filmmaking?

CHECKOWAY: I became a documentary filmmaker because a young woman, Lucky, whom my first film was about. I started writing about her for a magazine piece, and then she's such just a dynamic person that I was like that woman has to speak for herself. And so film felt like the best way to do that.

My journalism background really — without realizing it — it was great training for making documentaries because at the time, I was mainly writing profiles about entertainers and artists, and they would let me really deeply into their lives in a way that wasn't common. And so that was, you know, just the first taste of getting access into people's lives and just making them feel comfortable enough to want to share their stories.

I actually had just filmed this documentary with Kendrick Lamar I think a few days before I went to meet Edith and Eddie for the first time, and I realized that the way that my heart was beating when I was on this bus from NYC to Virginia to meet Edith and Eddie, I just realized what a fire they had already lit in me before I even met them and how it doesn't matter whether you are a celebrity or someone who people don't know, that you know that a good real story is a good and real story.

SCHAMISSO: I could really relate when at the end of the film, it said, "directed, edited and produced by Laura Checkoway." I could tell you really had ownership of it in a way that's not always common when you think of the Oscars.

CHECKOWAY: And that, again, it just means so much more to be getting ready to be in that room.

SCHAMISSO: Going to the whole ceremony part — what's the one thing you're the most looking forward to?

CHECKOWAY: Good question.

SCHAMISSO: Too many things? 

CHECKOWAY: Just being there. Just being there is gonna be really, really special.

Full Article & Source:
Oscar-Nominated Doc 'Edith+Eddie' Gets Honest About Abuse Of Elderly

Unguarded: Professionals Normally Appointed, Incapacitation Nearly Always Granted

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Judges rarely name family members to assume guardianship of the elderly, and nearly never deny a request to declare them incapable.
Advocates have raised concerns about the inability to monitor the system that protects the nation's vulnerable and elderly, and those concerns are illustrated in the way Berks County Orphans Court tracks annual filings: by hand, in a desk ledger.

The county's hand tally is expected to be replaced with an electronic statewide case management system by year's end that will allow Pennsylvania - for the first time - to track a variety of issues, including elder abuse.

Currently, no one can say how many adults are under guardianship in Pennsylvania or how widespread elder abuse by a guardian is.

No one tracks guardian caseloads, which, if too large, can hamper the quality of care. And, as yet, there are no statutory standards for who can become a guardian nor any mechanisms to flag the unscrupulous.

Guardianship is the process of determining whether an adult - usually 60 and older - is capable of informed decision-making. If they're not, a guardian with broad authority over the individual is appointed.

Because an incapacitated adult loses those rights, which are then given to a family member or professional, guardianship raises a host of civil liberty concerns. But the lack of reliable data, despite decades of hand-wringing, and a growing list of bad actors threatens to significantly undermine the public's confidence in the guardian system.

It's an issue policymakers will need to soon confront, as the number of older adults in the U.S. is projected to nearly double over the next three decades.

Given the magnitude of potential harm by a system with little to no monitoring, the Reading Eagle sought to examine court practices, industry trends and areas in need of public scrutiny. Fifteen months ago the newspaper began examining annual caseload reports and court dockets in three counties: Berks, Chester and Philadelphia.

Information available in the dockets varies by county.

Accessing the dockets in Berks and Chester required multiple trips to the counties' orphans court to look up individual cases that were entered by hand into a database for analysis. The newspaper looked at records for 2016.

Among the newspaper's findings:
Statewide, court filings have risen at a quicker pace over the past two decades than the demographic most likely to be involved in an incapacitation case: those 60 and older, which grew more moderately.
Although Philadelphia, Montgomery and Allegheny counties had more cases in 2016, Berks had a higher rate per capita: 4.18 per 10,000 population. Philadelphia had a rate of 3.86 and Allegheny 2.55.
*Adult Protective Services, a hospital or nursing home filed two out of every three petitions in 2016 alleging incapacitation in Berks, Chester and Philadelphia.
*Philadelphia's professional guardians carry significantly heavier caseloads than the nationally recommended ratio of 1:20. From 2014 through 2016, the top 10 professional guardians in Philadelphia were appointed, on average, to 52 cases.
*Among the reviewed cases from Berks and Chester resolved in 2016, the courts declared every adult before them incompetent. Not a single petition was denied, a finding that troubled advocates.
*Of the 325 Philadelphia cases in which the judge made a finding on incapacitation in 2016, only two were denied. Everyone else was deemed incapacitated and a guardian was appointed.
*Adult Protective Services favors the appointment of professionals. In 2016, for example, Berks Area *Agency on Aging recommended a professional guardian in 92 percent of their petitions, although the dockets in half of these identified family members living in the state.
*Despite the widespread belief that family members more frequently serve as guardian, professionals were more prevalent. For example, in Philadelphia in 2016, 73 percent of the appointments were held by at least one professional guardian.

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Unguarded: Professionals Normally Appointed; Incapacitation Nearly Always Granted

Unguarded: Montgomery County Couple's Trust Betrayed

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The man's court-appointed guardian is a convicted felon in Virginia, and the couple believes she has swindled them out of tens of thousands.


After Marie Frisby's husband fell prey to an all-too-common financial scam directed at the elderly, Montgomery County's Orphans Court appointed a professional guardian to protect his estate.

The couple, who had separated over mounting debt and increasingly aggressive creditors, reconciled and Marie Frisby moved back into their colonial-style home on a quiet, tree-lined street in Wyncote. With a guardian in place handling the estate, the financial woes that had plagued Marie and Hank Frisby for more than two years finally seemed behind them.

And then a county deputy sheriff knocked on their door.

The Police and Fire Credit Union, the deputy said with an apology, was foreclosing on their property."I was like, 'This can't be true,' " said Marie Frisby, 70.

Then she added, speaking of her husband's court-appointed guardian, "Gloria Byars told me everything was being taken care of."

In 2016, Byars was named the guardian for Hank Frisby, 79, during the time the couple had separated and filed for divorce.

When the court rules an adult incapacitated and appoints a guardian, the individual loses the right to make health care decisions, to determine where he lives or how his money is spent. Guardians make those decisions.

If the Frisbys were astonished to learn the court-appointed guardian had not been paying the mortgage and other bills, their surprise would pale in comparison to the revelations yet to come.
Unbeknownst to them, Byars had been convicted multiple times of financial theft.Her most recent arrest came in 2005. She pleaded guilty to felony fraud and was sentenced to 37 months in a federal prison after cashing $20,000 in blank checks found rummaging through trash cans at a Virginia post office.

Federal dockets show Byars was paroled on supervised release in 2008, the same year - according to her LinkedIn account - she began working in Philadelphia with RES Consulting, which provides guardian services.

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Unguarded - Montgomery County Couple's Trust Betrayed

Neglected: Florida's worst nursing homes left open despite history of poor care, deaths

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Eighteen hours after the nursing home’s staff realized he was missing, Coleman Felts was found dead several hundred yards away, face down and fully clothed in the shallow water of a lake.

The 75-year-old Vietnam veteran had a history of wandering. His guardian moved him from an assisted living facility to Golden Glades Nursing and Rehabilitation Center in Miami, believing it would be more secure.

It wasn't.
 Larry McFarley, Toni McFarley & Coleman Felts.


At some point during the evening of Dec. 1, 2015, Felts walked out of the nursing home. Golden Glades staff realized he was missing at about 9 p.m. A maintenance worker from the assisted living home next door found his body at about 3 p.m. the next day.

This wasn’t a single, tragic incident. This was just one in a series of problems at one of Florida’s worst nursing homes.

For more than four years, government inspectors repeatedly gave Golden Glades poor scores. The home averaged 1.6 on a 5-point scale over 18 quarters from the federal Centers for Medicare and Medicaid Services. Inspectors identified 186 state and federal violations, the fourth-highest number cited among Florida’s 684 nursing homes during the period.


Golden Glades staff has been accused of negligence in the deaths of at least five patients, according to lawsuits filed since 2013. The nursing home's owners denied the allegations, but settled three cases. Two others are pending. 

Felts' family has not filed a lawsuit. Inspectors cited the home for several violations after reviewing his death, including failure to remove hazards and to provide enough staff. 

That history of problems hasn't stopped Golden Glades from caring for some of the state’s most vulnerable residents.


Dozens of Florida nursing homes with long records of failing to meet state and federal standards operate with little risk that regulators will shut them down, a USA TODAY NETWORK - FLORIDA investigation found.

Among the Network’s findings:
  • Since 2013, 54 Florida nursing homes scored the lowest in the state for at least 14 of 18 quarters and received 100 or more violations. Dozens of other homes also received either low scores or numerous violations. 
  • Forty-six of the worst 54 homes have settled or have contested lawsuits claiming mistreatment, abuse or neglect led to at least 191 deaths since 2013. The nursing home owners denied the claims, but settled 87 cases. The remaining 104 are pending, including the case of a man killed by his roommate in a Miami home.
  • State fines for nursing home violations are low — not quite $5,000 on average — compared to the millions homes receive each year from taxpayer-funded Medicare and Medicaid programs.
  • Florida’s Agency for Health Care Administration, which licenses and regulates nursing homes, rarely uses the toughest sanctions at its disposal. Since 2013, AHCA has closed two homes and blocked new admissions for three.
Flaws in the state's nursing home oversight threaten thousands of frail patients, said Brian Lee, former head of Florida's Long-Term Care Ombudsman Program in the Department of Elder Affairs  who now heads the nonprofit Families for Better Care.

“You have these facilities string along for years and they never shut down. They just continue on,” he said. “What does it take to close down a bad nursing home?”  (Continue)

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Neglected: Florida's worst nursing homes left open despite history of poor care, deaths

A Governor Is Charged With ‘Invasion of Privacy,’ but What Does That Mean?

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Gov. Eric Greitens
Long before a governor’s sex scandal was dominating headlines in Missouri, long before cellphones could even take pictures, a tanning salon owner in Buffalo, a rural community in the state, was caught using a hidden camera to film dozens of unclothed women.

When the authorities discovered those recordings in 1994, prosecutors were stuck. The state had no law against secret videotaping.

Motivated by the case, Missouri legislators made invasion of privacy a felony crime the next year. But the statute was seldom used and went unnoticed by many for years. Then last week, St. Louis grand jurors indicted Gov. Eric Greitens on the charge, sending it suddenly into the public consciousness as part of a sex scandal that has upended the state.

Mr. Greitens, a first-term Republican who is now being urged by some to resign, is accused of taking a nude photograph without consent, and he faces a continuing investigation that could lead to more counts, officials say.

But the charge itself — invasion of privacy — is drawing intense scrutiny. Lawyers for the governor have asked a judge to dismiss it, saying it is being applied in a way lawmakers who wrote the statute never intended. And observers of the case and commentators in Missouri have dissected the language of the little-used statute in an effort to understand precisely what prosecutors are asserting that the governor did. Some were asking: Who else has been charged with this?

The law


Back in the 1990s, Jim Kreider’s constituents in southern Missouri were aghast when prosecutors said that they could not charge the tanning salon owner who was thought to have recorded dozens of naked women. So Mr. Kreider, a Democratic state representative, sponsored a bill that made invasion of privacy a felony.

“It got a lot of press and it got a lot of coverage and letters to the editor, and people were pretty outraged about it,” Mr. Kreider, now a lobbyist in the state capital, said of the tanning salon case. Of the bill, he said, “it passed with relative ease.”

The law makes it a felony to knowingly photograph or film a nude person without consent in a place where they would reasonably expect privacy, and to then distribute that recording or transmit it so it could be seen on a computer.

The law was too late for the tanning salon case from Buffalo, though. Prosecutors found a different route to charge the salon owner. He was accused and convicted of child abuse when it was revealed that some of the people he filmed were minors.

The accusations


Mr. Greitens, a married father of two, acknowledged last month that he had an extramarital affair with a woman in 2015, before he was elected governor. The woman’s husband, who eventually divorced her, made secret recordings that were published last month by local news outlets.

In those recordings, the woman said she had gone to Mr. Greitens’s house and engaged in a consensual sexual encounter. But while she was blindfolded and bound with tape to an exercise machine, she said, Mr. Greitens took a nude photograph of her without permission and threatened to publicize the image if she spoke about their affair.

Mr. Greitens has apologized for the affair, but has denied breaking any laws. He has insisted there was no blackmail. The woman has declined to speak publicly about the matter.

The context


Almost all states have some version of an invasion of privacy charge on the books, according to Mary Anne Franks, a law professor at the University of Miami. And most of them were crafted in the years before cellphone cameras and social media.

Mr. Greitens’s indictment comes amid a newer, national push for “revenge porn” legislation, which makes it illegal to share naked photos without permission. Such bills have passed in several states in recent years. Missouri is one of about 12 states without a revenge porn law, Ms. Franks said.

One prominent invasion of privacy prosecution came in Missouri, where an exotic dancer pleaded guilty to the charge in the late 1990s after he covertly recorded a sexual encounter with his girlfriend.

Over the weekend, after the indictment against Mr. Greitens, the man’s lawyer asked Mr. Greitens to pardon his client, reasoning that the logic used in the governor’s motion to dismiss his own case means his client should never have been convicted.

“What’s good for the governor is good for the gander,” said the man’s lawyer, Albert Watkins.

Mr. Watkins also represents the ex-husband of the woman with whom Mr. Greitens had his affair.

The defense


In court filings, Mr. Greitens’s lawyers argue, in essence, that the law was never aimed at a situation like the governor’s. They argued in a nine-page motion that “the law, from the very beginning, has been directed at the activities of people (peeping Toms and voyeurs) of whom the victim is not aware.”

Peter Joy, a law professor at Washington University in St. Louis, said the lawyers’ argument was simple: “They’re basically saying this statute does not prohibit somebody from secretly recording someone engaging in sexual activity with you.”

Statewide statistics were not available, but several Missouri lawyers said the invasion of privacy charge had been used only infrequently over the years. With relatively little case law, they said, it is uncertain how a judge might respond to Mr. Greitens’s motion.

“Their argument is not silly,” said Ben Trachtenberg, a law professor at the University of Missouri. “But I’m not sure it’s going to convince everybody.”

Mr. Kreider, who crafted the law, seemed skeptical.

“I would be so bold to say if you’re videotaping and she doesn’t know it,” Mr. Kreider said, “you’re invading her privacy whether you’re having a sexual encounter or not.”

The fallout


Several lawmakers from both parties have urged Mr. Greitens to resign, but he has resisted. On Monday, Mr. Greitens toured tornado damage in the state’s Bootheel region.

Back in Jefferson City, the capital, the Republican leadership in the House of Representatives was introducing the leaders of a committee to investigate the claims against Mr. Greitens.

Such a committee can be a first step toward impeachment.

Full Article & Source:
A Governor Is Charged With ‘Invasion of Privacy,’ but What Does That Mean?

Human Waste: The Buying, Selling & Trading of the Elderly, Children and Prisoners

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The main body of this article was taken from one I originally did in 2016, but was asked to re-post after last nights broadcast featuring Brian Kinter, and Lotus Justice. I prefaced the show promoting a book I had come across while waiting for a flight out of DC early last week. The book titled,“White Trash. The 400-Year Untold History of Class in America”, by author Nancy Isenberg, exposes our true beginnings as a nation. We were NOT founded on Christian principles…….we were founded on land ownership, slavery and indenture-ship. No religion, other than greed, was ever a consideration. That’s another one of those carefully crafted myths that are used to keep you stupid. As long as you think God had a hand in it, everything must be ok. God must have shed many tears over this.

The poor, orphaned, widowed, street beggars and those in prisons, including debtors prisons, were sold by the Crown to titled land owners in the new country. These were the only people allowed to own land.& England purged what it considered to be “human waste” and sent it to this new land to be used as property for any reasons whatsoever, by these titled landowners. These landowners were the only people who had any say in anything. The Crown claimed it was necessary as these “human waste” populations were costing the England economy.

If you are at all aware of the current and ongoing buying, selling and trading of America’s children, the elderly, and the selling of prison labor, the entire process and practice has been with us since the beginning of what we now know as “America”.

And just as an aside: Did you know that the Thanksgiving holiday did NOT come from the pilgrims eating a meal with the Indians? That was another carefully crafted myth created during the Civil War. Its in the book and fully documented as is every other observation and statement made. The indexing to the original documents and any other relevant material is exhaustive.&

With this in mind…..Here is the main text of the article requested:

What are administrative tribunals?

The distinguishing mark of an administrative tribunal is that it possesses a complete, absolute and unfettered discretion and, having no fixed standard to follow, it is guided by its own ideas of policy and expediency. Hence, acting within its proper province and observing any procedural formalities prescribed, it cannot err in substantive matters because there is no standard for it to follow and hence no standard to judge or correct it by.”&

Make no mistake about it, Administrative “courts” are not courts at all in the scope of the Constitution. These are specially created tribunals which make their own rules, and do not recognize natural rights and liberties as defined in the Constitution.&

Administrative tribunals exist for one primary reason: To void the Constitution and to enable a system of unconstitutional and arbitrary titles, codes, regulations and statutes, all of which are specifically erected to dis-empower the individual to secure all rights and power in a government entity and to deprive ordinary people of their lives, property and freedom.

Beyond this, these tribunals have facilitated the greatest transfer of wealth ever witnessed in this country. With Americans over the age of 60 owning 60% of all real wealth (down from 75% just a few years ago) they have become a lucrative target for the predators whose profits from looting an estate are facilitated and condoned by these fictitious “courts”.

Administrative law,” recently said Judge Cuthbert W. Pound of the Court of Appeals of New York, implies that branch of modern law under which the executive department of government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community. (*What community is he referring to? And administrative statute is not the same as law)

The community whose well-being is being promoted, is comprised of probate judges, family court judges, attorneys, professional predators euphemistically referred to as “guardians”, and a host of agencies and related personnel who all anticipate profiting at least marginally, in the system of human trafficking that is the system of probate. This system includes wills and trusts, family courts of all descriptions, including child support recovery.&

Pursuant to the Appointments Clause in Article II, all members of Article III tribunals are appointed by the President and confirmed by the Senate. This alone renders the argument that probate tribunals are constitutional as, void.&

There are two significant differences between administrative tribunals and courts:

  1. Administrative tribunals are set up to be less formal, less expensive, and a faster way to resolve disputes than by using the traditional court system.
The truth is, these administrative tribunals are massively expensive to operate. The cost to communities and the state as a whole is a burden on taxpayers not to mention the continuing assault on private individuals and families to accommodate the redistribution of wealth and the government sanctioned system of human trafficking that accompany these activities.

  1. Tribunal members who make decisions (adjudicators) usually have special knowledge about the topic they are asked to consider. Judges, however, are expected to have general knowledge about many areas of law, not particular expertise about the law in the case they are hearing.
No, actually. Tribunal members are seldom required to have special knowledge about anything. While some states “elect” these executive administrators (you call them “judge”) most do not realize that the candidates on the ballot are only those selected for that position by interested party’s. Say for instance, the local BAR Association and the College of Probate Judges. Possibly with additional input from the National Guardianship Association. Tribunal administrators are not required to know the law as they only deal with the statutes and codes.


Know the difference!!
49The distinction between constitutional courts and legislative courts was first made in American Ins. Co. v. Canter,50which involved the question of the admiralty jurisdiction of the territorial court of Florida, the judges of which were limited to a four-year term in office. Said Chief Justice Marshall for the Court:&

These courts, then, are not constitutional courts, in which the judicial power conferred by the Constitution on the general government, can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States.The jurisdiction with which they are invested, is not a part of that judicial power which is defined in the 3rd article of the Constitution, but is conferred by Congress,in the execution of those general powers which that body possesses over the territories of the United States.”

Problem is: The states are not territories of the Federal government.
Nevertheless, this same premise was used to construct administrative tribunals within each respective state. The administrative process is a collage of many unrelated legal concepts used to to regulate and adjudicate for the benefit of a protected class predators .

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Notable notes:& Natural Justice&

The principles of natural justice include the right to be heard, and the right to an impartial decision maker. A party who has a right to be heard is entitled to sufficient prior notice of the proceeding so that the party has the opportunity to prepare his or her case, attend before a decision maker and make representations. The right to proper notice also includes the right to know the case that must be met; in other words, proper notice will include providing details of the case to the responding party.

An impartial decision-maker is one who is free of a reasonable apprehension of bias, whether personally or institutionally.&

Reasonable apprehension of personal bias might result when, for instance, a decision maker has a pecuniary interest in the outcome of the proceeding, or a prior relationship with one of the parties.

The Supreme Court has ruled that only Article III courts may render final judgments in cases involving life, liberty, and private property rights, with limited exceptions, as discussed below.

Article I tribunals consist of certain federal courts and other forms of adjudicative bodies. These tribunals, as created by Congress, are of various forms, and have differing levels of independence from the executive and legislative branches. They can be Article I Courts (also called legislative courts) set up by Congress to review agency decisions, military courts-martial appeal courts, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies

Article I judges are not subject to the Article III protections. For example, these judges do not enjoy life tenure, and Congress may reduce their salaries.The existence of Article I tribunals has been controversial, and their power has been challenged before the United States Supreme Court, which has determined that Article I tribunals may exist, but that their power must be circumscribed and, when a potential deprivation of life, liberty, property, or property interest is involved, their decisions are often subject to ultimate review in an Article III court.&(emphasis mine)
See Sokoloff v. Saxbe, 501 F.2d 571, 574 (2d Cir. 1974).180.
Hart v. McLucas, 535 F.2d 516, 519 http://openjurist.org/535/f2d/516/hart-v-l-mclucas& (9th Cir. 1976).

[T]he elements of [making an] intentional false statement [under a statute that an agency administers] are the first three elements of fraud: falsity,materiality and knowledge. Thus, intentional false statement is a lesser included offense within fraud..&

.[F]raud requires at least one additional element, i.e., an intent to deceive

This is simply because jury trials were not integrated into the statutorily created adjudicatory process of the APA.’w a system dominated by administrative law judges and hearing officials, the process simply does not seem, on its face, to require an application of the Seventh Amendment because administrative cases do not arise under the common law. (Emphasis, mine)

[T]he Seventh Amendment is generally inapplicable in administrative proceedings, where jury trials would be incompatible with the whole concept of administrative adjudication and would substantially interfere with the [agency’s] role in the statutory scheme.”‘

A public right is one in which “the Government is involved in its sovereign capacity under an otherwise valid statute creating enforceable public rights.”

Private rights, on the other hand, are generally “private tort, contract, and property cases.”

For the Court, the interpretation of the Seventh Amendment with respect to the APA was strictly a legal analysis regarding the forum through which a dispute is resolved.

This did not, however, impair Congress from creating and vesting new rights in administrative agencies similar to those preserved under the Seventh Amendment.

The Seventh Amendment was declaratory of the existing law, for it required only that jury trial in suits at common law was to a tribunal other than a court of law-such as an administrative agency-in which facts are not found by juries.

The distinguishing mark of an administrative tribunal is that it possesses a complete, absolute and unfettered discretion and, having no fixed standard to follow, it is guided by its own ideas of policy and expediency. Hence, acting within its proper province and observing any procedural formalities prescribed, it cannot err in substantive matters because there is no standard for it to follow and hence no standard to judge or correct it by.”

http://www.duhaime.org/LegalDictionary/A/AdministrativeTribunal.aspx

https://supreme.justia.com/cases/federal/us/26/511/case.html

http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3905&context=californialawreview

https://www.nytimes.com/2016/06/26/books/review/white-trash-by-nancy-isenberg.html

http://blogs.lse.ac.uk/lsereviewofbooks/2017/08/02/book-review-white-trash-the-400-year-untold-history-of-class-in-america-by-nancy-isenberg/

Full Article & Source:
Human Waste: The Buying, Selling & Trading of the Elderly, Children and&Prisoners

Unguarded: A Berks Man Loses Guardianship Fight for Elderly Aunt

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Joseph Pastore Jr., wanted, along with his fiancee, to care for Theresa Santoro, but the court appointed a professional agency instead.
WRITTEN BY NICOLE C. BRAMBILA

As Don Lebo maneuvered the black Yukon up the hill to Phoebe Berks' older-adult community in Wernersville, he focused on the Army training the rescue mission would require: recon, strategy, snatch, escape and evade.

The 56-year-old veteran scanned the quaint, Victorian-style campus and then, once inside, the lobby for anything that might pose an obstacle.

His assignment came the night before from a family friend, after a certified letter from Phoebe informed Joe Pastore Jr. that he could no longer visit his 91-year-old aunt, Theresa Santoro, without the threat of criminal prosecution for trespassing.

The Jan. 23 letter from Star High, Phoebe's executive director, cemented an already contentious relationship between the facility, which wanted to keep Santoro, and the family, which sought to take her home. She'd been admitted as a self-pay resident in Phoebe's personal care unit following a hospital stay after the death of her longtime companion in December.

The family needed a volunteer, and Lebo said he was all too happy to oblige.

"It was like, 'Who do we know with the stones big enough to do a search and rescue mission?' " Lebo said with a chuckle.

And then he added: "Somebody's got to advocate for her. The family just wanted her out."

What Lebo and the family didn't know then, though, was that taking Santoro home would be the easy fight compared to the guardian battle that was yet to come.

Santoro's family believes strongly that they can and should care for her. The court disagreed in a case emblematic of the struggle across the nation between the rights of the individual and the government seeking to protect the vulnerable.

It also raises thorny conflict-of-interest questions when assets are involved and the wider concern about guardianship abuse in a system with little monitoring.

Full Article and Source:
A Berks Man Loses Guardianship Fight for Elderly Aunt
Read the entire series, UNGUARDED

MPD: Suspect Steals Home From Elderly Man

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Jason Leahr
Mobile, AL. (WKRG) - - A 40-year-old man has been arrested after police say he kicked and punched a 65-year-old man, and stole his home and some of his property.

Jason Leahr was charged with Elderly Abuse 1st, Financial Exploitation of Elderly 1st, and Possession of Marijuana 2nd after the victim reported him to police on January 4th.

The victim told police he was physically abused by Leahr, who had moved into the victim's home to help take care of him.  The victim told police he was kicked and punched on several occasions by Leahr.

After an investigation with the Alabama Department of Human Resources, police learned Leahr obtained power of attorney over the victim, and transferred the home and some of the victim's property into his name. 

Attorneys with DHR are working to reverse those actions. 

Full Article & Source:
MPD: Suspect Steals Home From Elderly Man

Woman accused of stealing thousands from local senior citizen

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A Winchendon, Mass., woman was indicted Monday on charges she stole about $63,000 from a senior citizen in the Monadnock Region with whom she held a position of trust.

Karla Cloutier, 49, faces five charges in Cheshire County Superior Court of financial exploitation of an elderly, disabled or impaired adult. The alleged crimes occurred in Fitzwilliam and Rindge between January 2016 and January 2017.

Prosecutors allege Cloutier made “multiple withdrawals” from three bank accounts belonging to the now 79-year-old woman, identified in court documents as G.S. They also allege Cloutier used one of those accounts to write a check, and cashed out a certificate of deposit belonging to G.S.

According to court documents, the amount in each case exceeded $1,500, the threshold that turns financial exploitation into a class A felony, which can carry more severe penalties.

An indictment is not an indication of guilt; rather, it is a determination by a grand jury that prosecutors have enough evidence to take the case to trial.

Neither the indictments, nor a Thursday news release from the N.H. Attorney General’s Office announcing the charges, specify the nature of the relationship between Cloutier and G.S.

They state only that Cloutier had a “fiduciary obligation” to her alleged victim. That obligation can mean someone is “an agent under a durable power of attorney, guardian, conservator, or trustee,” according to the provision of the N.H. Criminal Code covering financial exploitation of the elderly.

Brandon H. Garod, an assistant attorney general with the office’s Elder Abuse and Exploitation Unit, declined to release further details about the case, citing a general policy of not sharing details that aren’t in public documents.

Garod said his office receives about 10 to 15 reports of financial exploitation of the elderly each week, though many are unfounded.

Prosecutors also charged Cloutier with five counts of theft by unauthorized taking, which, according to court documents, appear to stem from the same alleged conduct that prompted the financial exploitation charges.

According to the news release, the theft charges are “alternate counts.” That typically means a defendant won’t be convicted of both sets of charges. Both the theft and financial exploitation charges are class A felonies, punishable by up to 15 years in prison and a $4,000 fine.

Defendants found guilty of financial exploitation are also supposed to pay full restitution to their victims.

Cloutier is scheduled to be arraigned in court March 8.

Full Article & Source: 
Woman accused of stealing thousands from local senior citizen

Medical Kidnapping: A Threat to Every Family in America Today

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medically-kidnapped-children
Images from a few of the stories we have covered at Health Impact News
and MedicalKidnap.com.

by Brian Shilhavy
Editor, Health Impact News

If you live in the United States of America today, and you have children in your home under the age of 18, every day you are in danger of losing your children to the State through medical kidnapping. Something as simple as bringing your child to the local emergency room to care for an injury or sickness puts you at risk for being accused of medically abusing or neglecting your child, and having a doctor direct a social worker to remove the child or children from your custody by force.

Since launching MedicalKidnap.com in late 2014, we have published dozens of such stories where parents lost custody of their child or children, simply because a medical professional deemed them unworthy parents. Medical kidnapping is defined as the State taking away children from their parents and putting them into State custody and the foster care system, simply because the parents did not agree with a doctor regarding their prescribed medical treatment for the family. In some cases it is as simple as telling a doctor you are going to seek a second opinion on a suggested medical procedure, and then ending up being charged with “medical abuse” and losing your children.

Medical kidnapping is part of a larger problem of State-sponsored child kidnapping. State-sponsored kidnapping is where the State steps in and decides that they know what is best for a child or group of children within a family, and then removes the children without any formal charges being brought against the parents. The parents lose their children immediately, often without any warrant being issued by a judge. They are assumed guilty by social services of something worthy of losing their children, usually with no formal charges filed in a court of law, and no trial by a jury of peers as is afforded by the Constitution of the United States of America. They must spend significant resources to try and get their children back from a family court system that is cloaked in secrecy with little to no accountability. Sometimes the parents are able to get their children back, but sometimes they do not, and the children are adopted out. Even in the instances where the children are allowed to return home to their parents, they are severely traumatized.

Therefore, much of what we describe and document in this article can also be applied to State-sponsored kidnappings in general, and not just medical kidnapping.

While we have published over 400 articles on the medical kidnapping issue in just a little over a year’s time, we have good reason to believe that the family stories we have published represent but a mere fraction of the tragic stories currently happening all across America today. Every day heart-broken parents contact us looking for help, but very few are willing to go public with their stories. They fear the State, because they hold their children, and they want to believe that if they just do what the State tells them to do, they will get their children back. Usually the ones willing to go public have already spent many weeks or months fighting a corrupt system, one that has little to no accountability, and they have given up hope. They want the public to know their story. They want to warn others. When they do go public, the judge over their case in family court usually issues a gag order against them. Many attorneys around the country have stated that these gag orders are unconstitutional.

Also, since we are one of the few news organizations to tackle this issue, many have now also started to come to us with adult medical kidnapping issues, including the kidnapping of seniors and the seizure of their assets to cover medical expenses. We are beginning to investigate and report on these stories as well.

Medical Kidnapping is Real


We have been covering medical kidnapping stories at Health Impact News since the year Health Impact News started, in 2011.  The first stories we published were stories that were originally published by local mainstream media in the communities where the medical kidnappings allegedly occurred. Here are a few of the original stories we covered before MedicalKidnap.com was started.

The Godboldo Family of Detroit

Maryanne Godboldo
Maryanne Godboldo and a picture of her daughter Arianna.

In 2011 we were one of the first national media outlets to cover the Maryanne Godboldo story, which was first picked up by the local Detroit Free Press.Maryanne Godboldo, a Detroit homeschooling mother who refused to give her child powerful anti-psychotic drugs after she was developmentally disabled due to vaccine injuries, refused to give up her daughter to Child Protection Services, so they called in a SWAT team and had Maryanne arrested, and seized her daughter. You can read the entire story here. It was one of our top stories in 2011.

Maryanne Godboldo’s story is told in the following video:

This long protracted legal battle, which has resulted in the child being reunited with her mother and all charges against the mother dropped, would not have been possible without Attorney Allison Folmar.  (Continue)

Full Article & Source:
Medical Kidnapping: A Threat to Every Family in America Today

Free Christopher Rally & Press Conference in Phoenix with Tonya Brown & Guests!

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Free-Christopher-Rally

Announcement

Phoenix Children’s Hospital and DCS reportedly seized custody of Christopher Reign Brown on June 25, 2013, taking custody away from his legal mother, Tonya Brown. Tonya and family members claim this was a “medical kidnap” simply because they disagreed with doctors and wanted to seek other options for his dangerous cancer treatment, a bone marrow transplant with no family member donor. Full Story here.

Tonya has a court hearing in Family Court on Friday November 14th. This court hearing could sever her relationship to her son permanently.

Advocates for the family have organized a rally for the family at the Court House:

Date: Friday November 14th

Time: 8:30 a.m. – Press conference with Tonya and Guests

Place: Juvenile Court Center – Durango
3131 West Durango
Phoenix, Arizona 85009

Please spread the word and join the rally to show your support! Bring your signs!

Full Article & Source:
Free Christopher Rally & Press Conference in Phoenix with Tonya Brown & Guests!

Unguarded: Finding Solutions to Pennsylvania's Troubled System of Naming Guardians

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In the final installment of the Reading Eagle's three-day series, advocates offer remedies to a thorny problem.

WRITTEN BY NICOLE C. BRAMBILA

After a report that Eliza Dukes' 96-year-old aunt was giving money away resulted in a legal proceeding to determine competency, Dukes thought the court would appoint a family member.

She thought wrong.

Instead - on the recommendation of the Philadelphia Corporation for Aging - the court appointed a professional guardian.

"We're her family, and the whole system excluded us," Dukes said. "We were treated as outsiders."
The way Dukes sees it, there's something wrong with a system that strips individuals of all their rights with little to no consideration of less restrictive alternatives.

She's not alone. When Adult Protective Services intervenes, agencies overwhelmingly prefer professional guardians over family, a Reading Eagle review of court dockets in three counties - Berks, Chester and Philadelphia - has found.

The loss of civil liberties in guardianship has always raised abuse concerns. But it's also become an area of increasing worry with an aging population.

Over the past two decades filings statewide have risen 28 percent, faster than the increase of people 60 and older, the demographic most likely to be in a guardianship. The system in Pennsylvania already shows signs of strain, with Philadelphia Orphans Court willing to keep a felon convicted of financial fraud serving as guardian to dozens of incapacitated adults because of a shortage of professionals able to assume her caseload.

Despite congressional hearings and research on the system of court-appointed guardians, media exposés on abuses and celebrity attention, real reform has proved elusive.

So can anything be done?

Advocates for reform not only say yes, but that finding solutions is critical because of the explosive growth in a cottage industry of paid professionals that has supplanted roles traditionally held by family members.

"You can lose your civil rights," said Sam Brooks, senior attorney for Community Legal Services of Philadelphia, one of the leading advocates for the elderly in the state. "There needs to be some sort of system that ensures less invasive steps are taken."

Brooks added, "There needs to be a cultural change."'

'The safety net'
As messy and complex as the guardianship process can be, there is widespread agreement among advocates about what needs to be done.

While state statute indicates a preference for less restrictive alternatives and limited guardianship when appropriate, judges routinely strip elders of their civil rights and appoint guardians with power over the person and the purse. A first and necessary step in reform, advocates say, is a system that puts into practice what statute already suggests.

It's called supported-decision making, the process of accommodating individuals with disabilities or cognitive deficits (the most common justification for guardianship) by including family, friends and other social support to enable life decisions without impeding the adult's autonomy.

For this to happen, guardianship must be viewed as a last resort. The fact that the adult, alleged to be incapacitated, is absent or not represented by counsel in so many of these proceedings means alternatives are not being explored, said Lawrence A. Frolik, a University of Pittsburgh School of Law professor and national expert on elder legal issues.

Full Article and Source:
Unguarded: Finding Solutions to Pennsylvania's Troubled System of Naming Guardians

Read the entire series, UNGUARDED

Tonight on Marti Oakley's T. S. Radio: Hospice Survivors and Victims

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5:00 pm PST… 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

Dennis Andrew Ball’s hardship began with his father more than twelve years ago. Dennis was a caregiver for twelve years of his life; Dennis is going to share with us how is father and mother were murdered in the medical system. Since living through this nightmare, Dennis has dedicated his life to change for our system. He is an author of ten books with four more to release soon. He also believes that to change the system we should change it from within by running for elected positions. We will focus on giving Dennis a voice for what his mother and father had to endure in their last years under a Guardianship.

LISTEN to the show live or listen to the archive later

Nursing home chain HCR ManorCare to sell itself in bankruptcy

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(Reuters) - The second-largest U.S. nursing home operator, HCR ManorCare, will file for Chapter 11 protection in the coming days and transfer ownership to its landlord, Quality Care Properties Inc (QCP.N), the latest sign of distress in the senior housing industry. 

Quality Care, a real estate investment trust, announced the agreement on Friday, saying it would become the full owner of Toledo, Ohio-based ManorCare’s skilled nursing, assisted living, hospice and homecare businesses across the United States. 

Shares of Quality Care, which will give up its REIT status, jumped 23.4 percent to $15.55 on the New York Stock Exchange. 

HCR ManorCare had owed its landlord more than $300 million in rent, according to regulatory filings. It is one of several large U.S. nursing home chains that have struggled to keep up with rent payments due to changing Medicaid and Medicare reimbursements for nursing homes, rising costs and low occupancy rates. 

“This agreement facilitates a consensual resolution that provides stability and flexibility for the business. We see this as the best available opportunity to improve a challenging situation,” Quality Care Chief Executive Mark Ordan said. 

Reuters first reported the deal, citing sources, earlier on Friday. 

ManorCare is owned by private equity firm Carlyle Group (CG.O), which bought the chain in a 2007 leveraged buyout for $6.3 billion. In a move to unlock value, it sold the properties to real estate investment trust HCP Inc (HCP.N) for $6.1 billion in 2010. 

HCP spun off the ManorCare properties to Quality Care in 2016 as a sector downturn made it difficult for HCR ManorCare to keep up rent payments agreed under a master lease. 

“The lease had very real implications on HCR’s health and ability to deal with the headwinds that the industry is facing,” Fitch analyst Britton Costa said. 

HCR ManorCare’s Chapter 11 filing will not impact patient care or the operations of its subsidiaries, which are not filing for bankruptcy, its landlord said in a statement. 

Quality Care will put its own management team in place at ManorCare after bankruptcy court approval, which is expected in the second quarter. The companies did not provide any financial details as part of the deal, which is expected to close in the third quarter. 

Among other struggling chains, the largest nursing home operator Genesis Healthcare Inc (GEN.N) avoided a bankruptcy filing last week after it reached a restructuring deal with its lender and REIT landlords.

Full Article & Source:
Nursing home chain HCR ManorCare to sell itself in bankruptcy

SAFE elderly advocacy program launched

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Special Advocates For the Elderly
ELKO – Called another pair of eyes and ears for the courts, Special Advocates For the Elderly is now accepting applications for volunteers.

Northeastern Nevada SAFE will offer its first volunteer training 9 a.m. to 1 p.m. March 16 at the Elko Senior Center.

The organization officially launched last week, announcing Jalaine Stanton as executive director and board of directors: attorney Katie McConnell, president; Teri Lockie, treasurer; attorney Lauren Landa; secretary, and attorney David Loreman, director.

Established in 2016, SAFE will train volunteers to prepare them for appointment by Elko District Judge Nancy Porter to elder guardianship cases.

Volunteers will receive about 20 hours of training before being sworn in and assigned a case. They will learn about guardianship laws, the protected person’s bill of rights that was passed by the Legislature in 2017, and how to advocate for a protected person by making sure financial, physical, mental and emotional abuses are not taking place.

SAFE volunteers will also be required to give a written report and testimony to the court on the status of the protected person during guardianship hearings.

Although a SAFE must advocate for a protected person’s well-being, volunteers are also expected to form relationships with protected persons, their guardians and caregivers, said McConnell.

“Volunteers are going to be our core strength and be the SAFEs,” McConnell said.

Porter explained that a SAFE could also offer “a little bit of relief” to a caregiver as support or stay with the protected person for short amounts of time.

After training is complete, a volunteer will undergo a background check and be required to attend two guardianship hearings before being appointed to one or two protected persons to visit every other week.

“It is a time commitment to the person and the court,” Landa said. “There will be oversight of the SAFE volunteer as well.”

According to Porter, there are anywhere between 500 and 900 guardianship cases in the county which includes elderly, adults, and children, with one case going back as far as 1971.

“I’m hoping we could get at least 20 volunteers,” Porter said, adding that it would be ideal to have more than that to cover all of the cases in Elko County.

McConnell said if at least five appeared at the first training on March 16, it would be a good start.

“Depending upon how much interest we have” we’ll offer more training sessions, McConnell said.

Landa explained it was Porter who saw the need for additional help as Elko County’s population is aging and the caseload is growing.

“This is the attempt to create some oversight and protection for the people in our community,” Landa said. She also hopes that others will come to learn that the organization is looking out for the elderly.

“We care about these people. We want to protect the people in our community,” Landa said, and let them know that “somebody is watching out for them.”

Porter said she hears 10 to 11 guardianship cases a week which includes accounting and appointment hearings. taking up about one-third of her weekly caseload.

“There could have been a lot of abuse that could have gone on because these cases weren’t being monitored like they should have been,” Porter said.

Loreman agreed, explaining that he has seen cases coming though to his office that he said “are being ignored by law enforcement.”

“Somebody has to care,” Loreman said, explaining that having an advocate though the SAFE program will be “like having an extra set of eyes for the court. It gives Judge Porter more information to deal with to make sure the people are being taken care of correctly and not being taken advantage.”

“It’s important for me as a judge knowing that the guardian is not out there doing their job,” Porter said, adding that although guardians are required to make annual financial and status reports to the court, “it has not been monitored. Ever.”

Public Guardian Kathy Jones said involving a SAFE volunteer in a guardianship case would add another layer of security in an elderly person’s life.

“I think it’s a quality of life issue for the protected person to have so many people advocating for them and watching out for their well-being,” Jones said, adding that it could prevent abuse and neglect of senior citizens.

Jones said that she hoped the program would also bring reason and common sense to guardianships instead of assuming it is always good or always bad for the protected person.

There is also a possibility that a SAFE could even detect which people may only need supportive-decision making instead of a restrictive guardianship, McConnell and Porter said, both citing a couple of recent cases that were reviewed and adjusted because the person involved didn’t need a guardian, but needed help instead.

“I think there are a lot of cases like that, but people don’t know or are uninformed,” McConnell said. “We can help inform them [by] providing these resources in the community.”

Additionally, a SAFE may be able to determine if a person is truly in need of a guardian, something that cannot be learned in a two-hour hearing, Porter said.

For those interested in becoming a SAFE, Stanton said she will interview the volunteer, arrange the training, find a case that matches up with the volunteer’s personality to recommend to the court, and work with the volunteer’s schedule, even if they can handle one case.

“We want everybody to volunteer. If you want to help, we’ll find a place for you,” Stanton said.

Most of the time a volunteer invests is at the start of the the training as the SAFE learns about the case, McConnell said. “I think you could easily have a full-time job and still volunteer.”

Stanton emphasized that a SAFE volunteer is part of a team of guardians, caregivers and family members who each have the same goal: Looking out for the welfare of a protected person. It’s very important that the SAFE and the guardians relate to each other, she said, because “we want to make sure they have the best quality of life that they can.”

“The goal is to be a team,” Stanton said. “We are advocating for the elderly, and we want to work together.”

McConnell said that although SAFE will provide eyes and ears for protected people in the court system, she said that she is frequently asked about elderly people who do not have a court-appointed guardian and may be in a vulnerable position.

“We have no way of helping these people until they are somehow brought in front of the court, but we’re hoping that this is a mechanism to try help more people because we’re putting in a non-biased, volunteer person,” McConnell said. “We can’t give them a SAFE until it goes through the process.”

Another opportunity for SAFE is to raise awareness in the community about possible elder abuse situations, perhaps reporting them to the Public Guardian or Department of Aging to start an investigation, Landa said.

Porter said a new resource was implemented with a state guardianship compliance office recently established though the Nevada Supreme Court.

The official launch of SAFE comes on the heels of recent elder abuse cases prosecuted by the Attorney General’s office, including cases in Elko and Las Vegas.

Attorney General Adam Laxalt announced five cases of elder abuse, including one that involved a former lieutenant with the Las Vegas Metropolitan Police Department and attorney who exploited an elderly couple for $700,000.

In Elko, Wade Fordin pled guilty to charges related to converting more than $6,100 of his mother’s estate for his personal use. He received 60 days house arrest and probation in district court on Feb. 26.

Abuses seen by the courts include guardians who might misappropriate a protected person’s funds by keeping Social Security checks and failing to pay household expenses or health care bills.

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SAFE elderly advocacy program launched

Governor signs guardianship overhaul law

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Gov. Susana Martinez
SANTA FE – Gov. Susana Martinez on Wednesday signed 23 bills into law, including legislation to overhaul a New Mexico guardianship system that had come under scrutiny in recent month for secrecy and financial irregularities.

The 60-page bill is designed to prevent abuse and exploitation of thousands of incapacitated people who are under court-ordered guardianship or conservatorship programs around the state.

The new changes are less sweeping than originally proposed, but involve increased transparency and greater involvement of family members. With the governor’s signature, they will take effect in July.

Meanwhile, the two-term Republican governor also struck down a bill that would have granted future New Mexico governors – not her – and other elected statewide officials their first pay raises since 2002.

Martinez had vowed to veto the salary increase legislation, which would have raised the governor’s annual salary from $110,000 to $121,000, starting in January 2019.

“Through a relentless commitment to responsible stewardship of taxpayer dollars – like balancing budgets and cutting taxes – New Mexico has a budget surplus of hundreds of millions of dollars,” Martinez said in a statement. “I will not waste a dime of it on doling out taxpayer dollars on pay raises for politicians.”

The legislation, Senate Bill 176, passed both legislative chambers by decisive margins during the recently completed 30-day session, with supporters saying some state elected officials make less money than their top appointees.

In addition to governor, the bill would have raised the annual salaries of the secretary of state, attorney general, state auditor, state treasurer, commissioner of public lands and the five members of the Public Regulation Commission.

Rep. Larry Larrañaga, R-Albuquerque, one of the bill’s co-sponsors, said the idea was floated because state workers and teachers are scheduled to receive pay raises under a $6.3 billion budget plan still on the governor’s desk.

Since state elected officials’ salary levels are set by state law, adjusting them requires both an appropriation in the budget bill and approval of a change in statute.

“We thought it would be a reasonable thing to provide an increase in compensation to state officials, too,” Larrañaga said.

Among the other bills signed by Martinez on Wednesday were five measures aimed at helping military veterans and their families. The governor said the bills reflected her priority of “protecting those who put their lives on the line for our freedom.”

One of those bills, House Bill 67, will make it a crime to make false claims about military service for personal gain. Such an offense will now be a misdemeanor, starting in July.

Martinez has until March 7 to act on more than 80 bills additional bills passed during this year’s legislative session. Bills not signed by that deadline are automatically vetoed.

Full Article & Source:
Governor signs guardianship overhaul law
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