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Courts Fail To Protect 1.3 Million Vulnerable Americans In Guardianship Charges Senate Report

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The 1.3 million Americans under guardianship need more protection by the courts, the Senate Aging Committee asserts in a new report. Photo credit: Getty

The courts are failing to protect the 1.3 million Americans with $50 billion in assets under guardianship, the Senate Special Committee on Aging concludes in a new report. “Unscrupulous guardians acting with little oversight have used guardianship proceedings to obtain control of vulnerable individuals and have then used that control to liquidate assets and savings for their own personal benefit,” the Committee, led by Maine Senator Susan Collins, asserts in the study, which took a year to complete.

State courts have few standards on who is allowed to be a guardian while criminal background checks are lacking, the study found. Greater oversight of guardians and guardianship arrangements, including mandatory criminal background checks, would help protect against abuse, neglect, and exploitation, the study concludes.

In addition to calling for greater care in the selection and monitoring of guardians, the Senate report urges judges to consider less restrictive forms of  assistance than traditional guardianship for many who have been placed under that form of control because of a disability, injury or dementia.

Those options include a partial guardianship limited to only some aspects of daily living and supported decision-making. Under supported decision making, the person is given the support and information needed to make an informed decision on their own, rather than having a guardian exercise control.

In some instances, people who have been put under guardianship have recovered to the point they should be removed from guardianship and have their freedom to make decisions restored, the study notes. However, this rarely occurs, the researchers found.

The Aging Committee report calls full guardianship one of the most restrictive forms of taking away an individual’s control of their lives that there is outside of institutionalization of the mentally ill and imprisonment.

“When a full guardianship order is imposed, the protected individual loses most of his or her basic rights, including the right to make medical decisions, to buy or sell property, to manage their own money, to marry, to choose where to live, or to choose with whom to associate,” the study explains.

Family members who are guardians frequently aren’t familiar with the duties and obligations expected of them and should be trained on the responsibilities, the study recommends.

The report praises most guardians as selfless, dedicated individuals who play an important role in safeguarding the persons under their care. But it cautions that  those who abuse the role  can do overwhelming harm.

As an example, the study pointed out a professional guardian and her staff who were charged this year in Nevada with in excess of 200 felony counts for allegedly taking advantage of and financially exploiting more than 150 persons under their care.

In North Carolina, two individuals lost hundreds of thousands of dollars through exploitation by a family member who served as their guardian.

Full Article & Source:
Courts Fail To Protect 1.3 Million Vulnerable Americans In Guardianship Charges Senate Report

Perth lawyer jailed for seven-and-a-half years for stealing almost $2 million from clients

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Photo: Helen Tolson's theft from vulnerable clients was described as "despicable behaviour" by a judge. (ABC News: Hugh Sando)

A Perth lawyer has been sentenced to seven-and-a-half years jail for stealing almost $2 million from her clients, including an elderly woman in a nursing home and the beneficiaries of a deceased estate.

Mother-of-three Helen Marie Tolson, 45, took the $1.96 million from trust accounts between September 2013 and August 2017, and used it to bolster her husband's business, pay off personal debts and buy two new cars.

At the time Tolson was working for her father's law firm and the District Court was told she falsified records to try to cover up her crimes.

Almost $978,000 was taken from a trust account belonging to a woman in a nursing home, while most of the other money was stolen from the estate of a deceased woman.

At one point she was questioned by a relative of one of the beneficiaries of the estate about where their money was, and she told them a false story that it was invested in two bank term deposit accounts.

When the relative insisted that the money be paid to them, Tolson made up another false story, claiming it had been stolen by bank employees.

She then wrote a letter pretending to be from a bank lawyer saying that the matter was being investigated, but when the relative called the phone number that was provided, he realised he was actually talking to Tolson and went to the police.

'Horrific breach of trust'


Tolson's barrister, Sam Vandongen SC, said his client fully understood the gravity of what she had done, including the falsification of records, which he said had been done "to stave off the inevitable".

He submitted that unlike other cases, her theft did not involve drugs or gambling, but was an attempt to fix the family's financial issues.

However, in taking the path she had chosen, Tolson had "made the choice to act dishonestly by stealing from a source that was readily available to her …"

Mr Vandongen said all of the stolen money had been repaid, partly by Tolson's father, whom she planned to reimburse, and partly from the sale of her family's house.

State Prosecutor Peter Phillips described the offences as "some of the worst" that a lawyer can commit, describing them as a "horrific breach of trust".

Judge Belinda Lonsdale accepted that Tolson was deeply ashamed and remorseful, saying from the evidence before her, she generally presented as a person with "a big heart" who was always willing to help.

Judge Lonsdale said it appeared Tolson had been motivated by a desire to ease the financial pressures on her family, but she also said there was "an element of greed" because some of the funds were used to ultimately benefit herself.

A particularly aggravating factor was Tolson's theft from an elderly woman in a nursing home — something she described as "despicable behaviour".

"… Those who take advantage of the elderly will be dealt with by severe punishment," she told Tolson.

Tolson pleaded guilty to nine stealing charges in total and will have to serve five-and-a-half years in jail before she can be released on parole.

Bookkeeper charged with stealing $3.5 million


In a separate case, a woman has appeared in court charged with more than 100 counts of stealing a total of $3.5 million from her employer.

Moe Moe Myint Kelly is facing charges of stealing from the Northbridge business over several years, starting in 2011.

  
The East Perth woman is facing 115 charges in total.

It is alleged the 61-year-old committed the offences when she was the bookkeeper for the business and was responsible for banking.

Speaking outside court, she indicated she would be pleading not guilty.

Ms Kelly is due to appear in court again on January 8.

Full Article & Source:
Perth lawyer jailed for seven-and-a-half years for stealing almost $2 million from clients

Senate Special Committee on Aging Hearing: “Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans.”

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Date: Wednesday, November 28, 2018  
Time: 02:30 PM  
Location: Senate Dirksen Office Building 562





Member Statements

  1. Chairman Susan M. Collins R (ME)
  2. Ranking Member Bob Casey D (PA)

Witnesses

  1. Cate Boyko
    Senior Court Research Associate
    National Center for State Courts
  2. Bethany Hamm
    Acting Commissioner
    Maine Department of Health and Human Services
  3. Karen Buck
    Executive Director
    SeniorLAW Center
  4. Barbara Buckley
    Executive Director
    Legal Aid Center of Southern Nevada
 Source:
“Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans.”


READ the report from the hearing: Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans

Marti Oakley on "Parents are Hard to Raise" Medical Kidnap and “Death by Hospice”

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Medical Kidnap and “Death by Hospice”

Two Dirty little secrets nobody’s willing to talk about… Until now! Radio talk show personality and activist Marti Oakley has dared to ask the question: are rules and regulations intentionally being written to encourage the Medical system to systematically “cull” the very sick and the old from the rest of society by confiscating their wealth, stripping them of their rights and shortening their life? She joins our program this week to shine a light on what she believes are two very real and diabolical practices. Marti shares her stories. It’s up to you to decide.

Listen to this episode… just click play ▶️ on the player below

Paradise Lost: Wildfire Chases Seniors From Retirement Havens To Field Hospitals

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A makeshift tent camp has sprung up near the Walmart in Chico, Calif. (Brian Rinker for California Healthline)
CHICO, Calif. — After barely getting out of Paradise alive before the Camp Fire turned her town to ash, Patty Saunders, 89, now spends her days and nights in a reclining chair inside the shelter at East Ave Church 16 miles away.

It hurts too much to move. She needs a hip replacement and her legs are swollen. Next to her is a portable commode, and when it’s time to go, nurses and volunteers help her up and hold curtains around her to give her some measure of privacy.

“Never in my life did I think I would end up in a situation like this, but when it’s time to go, you got to go,” Saunders said. Under the circumstances, she is in good spirits, with a rotating cast of people stopping by to chat and take care of her.

Most of the fire victims here are older folks like her. They rest on cots, inflatable beds and recliners in a pop-up community of nearly 200 evacuees displaced by the Camp Fire and an army of volunteers.

The Camp Fire, the deadliest in state history, took ruthless aim at older people. Paradise, the Northern California town erased by fire, was largely a retirement community, with a quarter of the population 65 and older. The fire’s death toll was 77 at last count, and nearly 1,000 people were still unaccounted for — most of them seniors. The sheriff’s list of the missing includes many in their 70s and 80s.

Like everyone else in the wildfire’s path, older people fled swiftly, if they escaped at all, often leaving behind medications, wheelchairs, walkers and essential medical equipment.

Altogether, around 50,000 people are thought to have evacuated, now staying in motels, cars, shelters and a makeshift camp at Walmart in Chico. But the elderly refugees often need more support, especially with chronic conditions and infections that incubate and spread in close quarters. Some need dialysis but can’t get it. Others have respiratory illnesses aggravated by smoke. One woman in a Yuba City shelter was recovering from cancer surgery with a stapled wound.

“It’s been rough,” said Joy Beeson, 76, an evacuee who landed in the Chico church shelter. “Lost a couple of bedmates the other night. They all went to the hospital.”

They were felled by norovirus — a nasty stomach illness that causes diarrhea and vomiting. People were throwing up all day. Then, in the middle of night, paramedics came and removed the sickest, according to some evacuees.

Martha Pichotta lost her mobile home in Paradise, Calif. She doesn’t have insurance and lives off $900 a month in Supplemental Security Income. She is now at the Red Cross shelter at the fairgrounds in Yuba City, Calif. (Brian Rinker for California Healthline)
Last week, nearly all the shelters from Chico to Yuba City were hit by an outbreak of the stomach illness — sending dozens to hospitals. Last week, the Butte County Public Health Department said 145 people in the shelters had been sick with the virus. Fearful volunteers and evacuees rarely shake hands anymore; fist bumps and elbow knocks are highly encouraged.

“Just threw up a few times,” said Martha Pichotta, 65, who was staying at the Red Cross shelter in Yuba City, about 50 miles south of Chico. After 24 hours of isolation behind blue curtains, she was released to mingle with other evacuees.

Adding to the physical and emotional stress, especially for seniors, was the hurried escape from longtime homes and the disruption of often predictable lives. There was little time for practical consideration, let alone sentiment — beloved pets and rooms full of memories were lost.

Beeson, whose shelter mates were taken to the hospital, said her adult son put his hand on her back to steady her, yelling, “Run, mama, run!” The only reason they escaped the fire alive was because a car picked them up and whisked them to freedom.

David Jackman, a 72-year-old man, said he shuffled down the road as fast as he could, leaving behind his dog and his walker as the flames overcame his house and propane tanks exploded behind him. A firetruck came to his rescue — likely saving his life.

Saunders, the 89-year-old Paradise resident, nearly burned to death in a car. One side of it melted.

Most of the older folks in the shelter said they couldn’t be more grateful for all the support and care they’ve received. Even so, life in a shelter is hard.

A team of University of California-San Francisco nurses meet at the East Ave Church shelter on 
Saturday. (Brian Rinker for California Healthline)

Denise Parker, a Red Cross volunteer in Yuba City, said they can offer displaced people Pepto-Bismol and lots of Gatorade. But some were so dehydrated they needed to be hospitalized. Parker said they double-bag all waste and isolate those who are sick.

Parker recently got a request for an oversize wheelchair but wasn’t sure how to find one, she said. One evacuee needed dialysis, but they didn’t have the resources to drive the hundred or so miles back and forth to get him to a clinic.

A nurse and doctors stop by to write prescriptions, Parker said, but for more complicated conditions the shelter struggles to meet the need. They aren’t a full-fledged medical facility.

Ron Cooper, a 78-year-old who evacuated his home in Magalia, 5 miles north of Paradise, was staying at the Yuba City shelter with his wife, Jacque. Days after the fire hit, Jacque was released from the Oroville Hospital, following surgery to remove a cancerous kidney, but couldn’t go home. Her husband said she is doing OK in the shelter, even with a stapled wound in her side, but was concerned that she won’t eat or drink.

David Ramey, a 64-year-old with a scraggly beard, lounged on an inflatable bed at the Chico shelter, puffing on a nebulizer to soothe his emphysema. It was acting up because of the soupy smoke hanging in the air. He bought the device soon after getting out of the danger zone.

David Ramey lounges on an inflatable bed and puffs on a nebulizer to soothe his emphysema, which was acting up due to the smoky air. (Brian Rinker for California Healthline) 

A soupy smoke hangs in the air as David Jackman and Martha Pichotta smoke cigarettes outside the shelter at the fairgrounds in Yuba City, Calif., on Saturday. Both lost everything in Paradise. (Brian Rinker for California Healthline) 

Many of those who lost nearly everything are in a limbo state, not knowing what they will do next. Some are waiting on assistance from the Federal Emergency Management Agency or for an insurance check. Others are looking for affordable housing in nearby communities. Paradise was attractive not just because of its natural beauty but because housing was reasonably priced for retirees. Several evacuees, like Pichotta, had been living in mobile homes.

At the Yuba City shelter Saturday, Pichotta sat in a wheelchair puffing on a cigarette with a blanket over her legs. She was talking with her 33-year-old son about what they should do now.
The short answer: no idea.

“My mobile home is this high,” she said, placing her hand a few inches above the ground. They didn’t have residential insurance and their only monthly income is a $900 Supplemental Security Income check. While she doesn’t know where she will end up, she knows her life in Paradise is over.

“I never want to go to Paradise again,” she said, and cried.

Full Article & Source:
Paradise Lost: Wildfire Chases Seniors From Retirement Havens To Field Hospitals

Former Mahoning Judge to appear in federal court on fraud charge

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YOUNGSTOWN, Ohio - A former judge in Mahoning County is scheduled to appear in a federal courtroom for the first time since being indicted on several charges.

Diane Vettori-Caraballo was indicted earlier this month by a federal grand jury for allegedly stealing at least $100,000 from a former client.

An arraignment in federal court was scheduled for Monday, November 26th.

Fifty-year-old Vettori-Caraballo faces one count of mail fraud, one count of structuring cash deposits, and one count of making false statements to law enforcement.

Federal prosecutors say Vettori-Caraballo stole between $100,200 and $328,000 in cash that was in the home of a client when that client died in March 2016.

The indictment alleges that Vettori-Caraballo provided estate planning services to Robert Sampson, including drafting his will. On Nov. 20, 2015, Vettori-Caraballo filed an application in Mahoning County Probate Court to administer Sampson's estate. The application stated Sampson died without a will.

Sampson died in 2015 and his closest living relative was his sister, Dolores Falgiani. The probate court, unaware of Sampson's will, appointed Falgiani as the administrator three days later, according to the indictment.

Vettori-Caraballo allegedly prepared a will for Falgiani on Nov. 3, 2015.

Federal court documents say that will made 16 specific bequests to relatives and friends and bequeathed the rest of the estate to Animal Charity Human Society of Boardman and the Angels for Animal Charity in Canfield.

Falgiani was found dead in her home on March 10, 2016, according to the indictment.

Vettori-Caraballo reportedly filed an application in Mahoning County Probate Court to probate Falgiani's estate on March 24, 2016. On May 2, prosecutors say she reported having found cash in the residence and depositing the $20,000 into the estate.

Vettori-Caraballo allegedly filed a notice of newly discovered assets with the court on several subsequent occasions in 2016 and 2017. Each time, she failed to disclose the cash she had stolen, according to the indictment.

The indictment also charged Vettori-Caraballo with structuring 22 deposits of the cash she stole into five different banks within four weeks to avoid regulations that require banks to report cash transactions over $10,000 to the IRS.  In addition, the information charges that Vettori-Caraballo lied to the FBI when she was confronted about the theft and the structuring of cash deposits.

Vettori-Caraballo and her husband Ismael Caraballo, 60, were also charged with one count of filing a false tax return.

Vettori-Caraballo, who was at one time expected to plead guilty in the case told 21 News earlier that she did not do the crimes she is accused of committing.

The Ohio Supreme Court later suspended her from hearing cases on the bench until the federal case is concluded.

Judge Dan Aaron Polster added another condition to Vettori-Caraballo's bond, forbidding her to undertake new legal cases in her private law practice. In addition, her financial transactions are reportedly being monitored.

Vettori-Caraballo was elected to the position of judge in Mahoning County Court #3 - Sebring Court in 2002. She was reelected in 2006 and 2012.

Full Article & Source:
Former Mahoning Judge to appear in federal court on fraud charge

Pa. auditor general to investigate nursing homes, citing staffing issues

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Pennsylvania Auditor General Eugene A. DePasquale, speaks after he was sworn in for his second term at the Capitol in Harrisburg, Pa., Tuesday, Jan. 17, 2017. (Chris Knight/AP Photo)
Pennsylvania Auditor General Eugene Depasquale plans to conduct follow-up audits of nursing homes, two years after a prior investigation showed widespread staffing shortages and lax enforcement by the Department of Health.

The three-to six-month investigation aims to check for compliance on 10 of the recommendations he made to nursing facilities and DOH.

The 2016 report showed nursing homes were chronically understaffed, workers weren’t spending enough time with patients, and the Department of Health wasn’t doing enough to enforce the rules.

“Not only that they’re having enough staff, but that they’re having enough direct care and enough direct care time, and that the fines are significant enough that a nursing home doesn’t just view it as a cost of doing business to violate the staffing level,” Depasquale said.

He said nursing homes in violation of rules could be referred to the Department of Health or in cases with potentially criminal implications turned over to the state attorney general.

Department of Health spokesman Nate Wardle said DOH welcomes the chance to review the progress it has made with the auditor general and discuss what comes next.

“There have been improvements made since his 2016 audit, and we are continuing to work to ensure safe care is provided to those living in nursing homes in Pennsylvania.”

Full Article & Source:
Pa. auditor general to investigate nursing homes, citing staffing issues

Guardianship abuse is not just a problem in the US; it's global

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Norwegian Minister of Justice, Tor Mikkel Wara (Progress Party), wants a review of existing guardianships to find out if Norwegians are provided guardians against their wishes.

On Wednesday VG revealed that over 9,000 Norwegians provided with a guardian since 2014, has been registered as «not able to consent», in other words; that the person is considered not to understand what a guardianship entails. Probably only a few of these have been conversed with.

– This is so serious that we need to conduct a comprehensive review of existing guardianships. We must discover if someone has been provided with a guardian against their will, the Minister of Justice tells VG.

On Wednesday he proposed a legislative amendment that would make it harder to place anyone under guardianship without consent – but would not promise that there would be a complete review of existing guardianships, which may have been inaugurated on the wrong basis.

Full Article and Source:
Wara Asks for Review of Guardianships

Former Nashville Judge Sentenced to Prison for Federal Obstruction and Theft Charges

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A former Davidson County, Tennessee judge was sentenced today to 44 months in prison, restitution of $18,000 and a forfeiture of $13,500 for obstruction of justice, witness tampering, and stealing money from an organization receiving federal funds, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran for the Middle District of Tennessee.

Cason “Casey” Moreland, 61, of Smyrna, Tennessee, was sentenced by Chief U.S. District Judge Waverly D. Crenshaw Jr.  The defendant pleaded guilty to five counts of a superseding information on May 24.

According to admissions made in connection with Moreland’s plea agreement, in January 2017, the FBI began investigating whether Moreland solicited sexual favors in exchange for favorable judicial treatment while sitting as a General Sessions Court Judge in Nashville and Davidson County, Tennessee.  Moreland admitted that in February 2017, he became aware that he was a target of an investigation and took steps to try to obstruct it.  Specifically, he devised a scheme to pay a material witness to sign a false affidavit recanting her previous statements, which implicated his criminal conduct in trading judicial favors for sex.  He also devised a scheme to have drugs planted in the witness’s car, and then to have her stopped by police, so that she would be arrested and her credibility would be destroyed.  Moreland carried out these schemes by using a burner phone registered in the name of “Raul Rodriguez” and communicating with an individual who subsequently became an informant, working at the direction of the FBI.
   
Moreland also admitted to criminal conduct stemming from his involvement with the General Sessions Drug Treatment Court, a specialized court program designed to provide alternatives to incarceration for certain defendants.  The work of the Drug Treatment Court was supported by a nonprofit entity called the Davidson County Drug Court Foundation (the “Drug Court Foundation”).  Although Moreland did not have an official position with the Drug Court Foundation, he admitted that he exercised de facto authority over the Drug Court Foundation’s operations.

In connection with his plea agreement, Moreland admitted that beginning in spring 2016, he began embezzling cash from the Drug Court Foundation by directing the Drug Court Foundation’s director to deliver to his office envelopes of cash that she had collected from individuals seeking outpatient treatment for substance abuse.  Then, in February 2017, after learning of the FBI’s investigation, Moreland instructed the Drug Court Foundation’s director to destroy all documents and records relating to the cash payments that he had embezzled. Finally, in February 2018, at a time when he was on pre-trial release for the original charges, Moreland admitted that he attempted to tamper with a witness by suggesting to the Drug Court Foundation’s director that she lie to the grand jury investigating his conduct.

This case was investigated by the FBI’s Nashville Resident Agency of the Memphis Division and is being prosecuted by Trial Attorney Lauren Bell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee.

Full Article & Source:
Former Nashville Judge Sentenced to Prison for Federal Obstruction and Theft Charges

New data show hundreds of thousands of elder abuse cases even with huge reporting gaps

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Across the USA, solitude has become a deadly threat for hundreds of thousands of senior citizens living at home.

Last year alone, state adult protective services (APS) intervened in more than 142,000 cases to protect seniors at risk from what is clumsily termed “self-neglect” – seniors who have become too physically or mentally incapacitated to care for themselves and have no other care providers.

Overall, according to new federal data obtained exclusively by the New England Center for Investigative Reporting (NECIR), state-based APS agencies completed more than 713,000 investigations in fiscal year 2017. The agencies identified nearly 235,000 victims of abuse, including the self-neglect cases. About 10 percent of the total abuse victims counted were under age 50, because some states include abuse or neglect of younger adults with disabilities.

These numbers, part of an initial attempt by the federal government to track  maltreatment of seniors nationwide, understate the scope of the problem, and probably dramatically, according to the agencies compiling the data.

“The elder abuse data is not complete. It’s correct in terms of what’s reported, but there are so many cases that aren’t reported,” said Alice Page, an adult protective services and systems developer with the Wisconsin Department of Health Services.

“We're way behind in elder abuse reporting than, for example, in child abuse reporting. It's just a different system. There's much more emphasis and resources that have been put into child protective services than there have been into elder abuse or abuse of adults. And so we're sort of playing catch up.”

Elder abuse can range from physical or sexual assault against vulnerable seniors to financial scams to abandonment or neglect by caregivers. The most common threat is self-neglect: an elderly person unable to provide for their own clothing, shelter, food, medication or other basic needs, and having no one to provide care for them. It is a problem that is growing as the population ages.

States have operated under a federal mandate to collect data on child abuse for decades. There is no federal mandate to do the same for elder abuse and neglect.

“We have often referred to elder abuse as a silent issue. For decades people just didn't want to address it at all,” said Edwin Walker, deputy assistant secretary for aging at the Department of Health and Human Services, which is leading the effort to build the national database.

“In the mid-1970s, the federal government got in the business of charting out guidelines and parameters for addressing child abuse. But the federal government never did that for adult protective services or elder abuse.”

During the past several years, the Administration for Community Living has embarked on a voluntary effort with the cooperation of state APS agencies to compile a national database of abuse of seniors living at home. For the most part, abuse in nursing homes or other settings is managed by other agencies and counted separately.

A state-by-state breakdown of the data provided to NECIR shows obvious holes in the data.

For instance, the new totals do not include reports from six states – New Mexico, Oregon, Nevada, South Dakota, West Virginia and Wisconsin – for a variety of reasons.

West Virginia, for example, does not collect statewide data on maltreatment of seniors, leaving it to each county to keep their own tally. Wisconsin counts its data on a calendar year, not a fiscal year, and thus has not been able to produce reports for the time period the federal data system uses.

Oregon sent its data in late and was not included in this year’s report. Officials in Nevada and South Dakota said they have been gearing up to provide data for the new federal reporting system called the National Adult Maltreatment Reporting System (NAMRS) and expect to be included in next year’s report.

There are other anomalies – New York reported nearly 40,000 investigations of alleged abuse or maltreatment in 2017, but the federal data indicate New York had zero confirmed victims. That’s because New York’s law does not identify victims; instead the state determines when there is a level of risk to a senior that justifies the state providing services, which it did in 4,700 cases last year, according to the New York State Office of Children and Family Services.

States all have different standards for determining when abuse or neglect has occurred, meaning the same set of evidence may qualify as a “substantiated” abuse or neglect case in one state, but not in another. And the new report acknowledges “no two states reported on all of the same data elements.”

Self-neglect challenges


Still, experts in the field all agree that self-neglect is one of the most challenging issues in elder protection, and it dominates the work of Adult Protective Services units across the country.

“Self-neglect appears to be a very serious problem in our society not a new problem. But it is, as you've been picking up, approximately two thirds of the cases reported by APS nationwide,” said Holly Ramsey-Klawsnik, director of research for the National Adult Protective Services Association.

Ramsey-Klawsnik cautioned that the prevalence of self-neglect in state case files does not mean this is the most common form of adult maltreatment – only that it is the one most readily identified. “Self-neglect cases are so much more visible,” she said.

Neighbors or friends or social workers can tell when a senior’s house has fallen into disrepair, or an older person in the grocery store is unwashed or badly unkempt. It may be harder to tell if a senior has had money stolen from them by a caregiver or if they have been denied access to appropriate medical treatment.

Self-neglect cases also come with the underlying problem that adults are generally assumed to have autonomy and control of their decision-making, so it is hard for a government agency to know when to intervene, particularly if the elderly person rejects assistance.

Some people “just refuse to accept help for whatever reason,” said Cynthia Lien assistant professor of medicine at New York’s Cornell Medical Center. But she says there is also “a large population who just are incapable of giving up a coping mechanisms or repeat behaviors that they've developed over years,” even when those behaviors are no longer working. 

“That manifests in things like an unsafe home environment or hoarding disorders or refusing to see a doctor because maybe they had a bad interaction in the past with a physician and they just don't trust the health system. “

And people have a right to not take proper care of themselves, adds Alice Page from Wisconsin. 

“We talk about the dignity of risk in these cases,” she said. “All of us, there's risk to every decision we make, and some people just choose to live with more risk and accept the consequences. And if you give people choices that involve risk, that enhances dignity.”

But self-neglect is not simply an issue of risk for the senior individual making the poor decisions.

“We do know that self-neglect increases illness, increases emergency room use, increases hospitalization, increases nursing home use, increases hospice use and hastens mortality,” said Ramsey-Klawsnik. “Self-neglect is costing society a lot of money when they have to go to the E.R. and have no money to pay for insurance.” People who self-neglect are also at higher risk of other forms of abuse or exploitation.

Beyond that, a senior in an apartment who is hoarding or failing to take out the trash may be creating an unhealthy environment or a vermin problem for everyone else in the building.

Still, states struggle with how to intervene.

“We can't force somebody who's just making poor choices to do something," said Kathy Morgan of Washington State’s Aging and Long-Term Support Administration. “Although our investigators do a really great job of talking with people and trying to assist them with services or supports that may be able to put in place if they're willing to do that."

State assistance in self-neglect cases can range from referrals to Meals on Wheels or in-home care services to cognitive assessments that could lead to assignment of a guardian if the senior no longer has the capacity to make decisions on their own.

Soaring cases


While the data in NAMRS is full of gaps and aberrations, what is clear is that the number of abuse and neglect cases is soaring nationwide. 

Washington state had about 19,000 elder abuse reports in 2012 and 49,000 reports in 2017, Morgan said.

Massachusetts confirmed 7,100 abuse and neglect cases in 2015 and 9,800 in 2017.

Ohio reported about 16,200 reports of abuse, neglect and exploitation of seniors in 2017, up from about 13,150 in 2014.

Pennsylvania officials investigated 13,000 abuse reports in fiscal year 2014 and nearly 18,000 in fiscal year 2016. 

Part of this increase is simply a function of better reporting systems in the states, and more public awareness that elder abuse is a problem that should be reported to authorities.

But part is also because there are simply more seniors living in communities around the country, as Americans live longer, remain in their homes longer, and survive ailments that would have been fatal in prior decades.

“I think elder abuse is more prevalent,” Morgan said. “As our population continues to grow and is getting older – our 60 and older population, we’re going to continue to see these types of numbers.”

Full Article & Source:
New data show hundreds of thousands of elder abuse cases even with huge reporting gaps

$100 million Alzheimer’s bill unanimously passed by Senate committee

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Sen. Susan Collins (R-ME) chairs the Senate Special Committee on Aging.
A bipartisan bill that would authorize $100 million in funding over five years to create a public health infrastructure to combat Alzheimer’s disease was passed unanimously by the Senate Health, Education, Labor, and Pensions Committee on Thursday. It now will be considered by the full Senate.

S. 2076, known as the Building Our Largest Dementia (BOLD) Infrastructure for Alzheimer’s Act, was written by Sens. Susan Collins (R-ME), Catherine Cortez Masto (D-NV), Shelley Moore Capito (R-WV) and Tim Kaine (D-VA) and introduced in November 2017. It is co-sponsored by 54 senators and supported by 181 organizations and individuals, including the Alzheimer’s Association, AMDA – The Society for Post-Acute and Long-Term Care Medicine, Argentum and LeadingAge. Reps. Brett Guthrie (R-KY) and Paul Tonko (D-NY) introduced a companion bill in the House of Representatives, and it is co-sponsored by 245 members.

“After decades of increasing investments in biomedical research for Alzheimer’s, we are ready for the next step: to translate research into practice,” Collins said. She is a founder and Senate co-chair of the Congressional Task Force on Alzheimer’s Disease. “The BOLD Act takes a multi-pronged public health approach that would create a modern infrastructure for the prevention, treatment and care of Alzheimer’s and related dementias,” Collins added.

The act, if passed by Congress as written, would authorize $20 million annually over the next five years to establish:
  • Alzheimer’s Disease and Related Dementias Public Health Centers of Excellence to promote Alzheimer’s disease and caregiving interventions as well as educate the public about Alzheimer’s disease, cognitive decline and brain health. The centers would implement the Centers for Disease Control and Prevention’s Healthy Aging Public Health Road Map.
  • Cooperative agreements between the CDC and state health departments to help meet local needs in promoting brain health, reducing risk of cognitive decline, improving care for those with Alzheimer’s and other public health activities.
  • Data grants to improve the analysis and timely reporting of data on Alzheimer’s, cognitive decline, caregiving and health disparities at the state and national levels.
The United States spends more than $277 billion per year, including $186 billion in costs to the Medicare and Medicaid programs. More than five million Americans have the disease. Current estimates are that the number of Americans with Alzheimer’s could almost triple to as many as 14 million by 2050, costing the country more than $1.1 trillion annually.

Actress Marcia Gay Harden, whose mother has Alzheimer’s disease, advocated for passage of the BOLD Act at a Senate Special Committee on Aging hearing in June. Collins chairs the committee, and Cortez Masto is a member.

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$100 million Alzheimer’s bill unanimously passed by Senate committee

Waterloo businesswoman arrested for allegedly bilking disabled relative

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WATERLOO — A Waterloo woman who started up a behavioral services company has been arrested for allegedly stealing from an elderly relative with dementia.

Authorities alleged 51-year-old Kimberly Ann Henny pocketed $400,000 belonging to a relative of her husband, instead using the money for herself and her family and depositing the funds in the account of her nonprofit organization between July 2014 and August 2016.

Henny was arrested Nov. 19 for first-degree theft and dependent adult exploitation, both felonies, after she failed to repay the money. She was released from jail pending trial.

The victim was in her 80s and had been living in nursing homes because of dementia, according to court records. She died earlier this year.

Some of the transactions were done with checks that the woman signed, and that changed after November 2015 when Henny was granted power of attorney and gained access to the woman’s financial accounts, records state. After that, there were cash withdrawals and transactions using a debit card, according to court records.

Henny claimed some of the funds were to part of a loan for her rehabilitation services business and were, in part, used to care for the victim. But police said the money was used to pay rent on Henny’s home and buy furniture, and funds were transferred into her own account and accounts of other family members, court records state.

Some of the money was also used for an out-of-state trip that didn’t include the victim, records state. At least $350,000 was deposited into a credit union account in the name of Henny’s nonprofit,according to court records.

When estate planners questioned Henny, she agreed to pay back the money, saying she was waiting for Medicare payments for rehabilitation services she provided. Investigators learned that she is no longer eligible to receive Medicare reimbursement, court records state.

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Waterloo businesswoman arrested for allegedly bilking disabled relative

Alternatives to guardianship and conservatorship

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Guardianships can take away a person’s rights to decide to marry, make contracts, consent to medical treatment, and establish a residence. Conservatorships allow the appointee to manage the ward’s finances and assets, buy and sell property, and enter into business and commercial transactions. Both the guardianship and conservatorship can also take away a person’s right to bring and defend actions in court. There are several other, less intrusive ways to act on behalf of someone with diminished mental or physical capacity. One or more of the following alternatives may serve the needs of an incapacitated adult without unnecessarily limiting his or her rights and freedoms. 

A petition for a temporary medical consent guardian is one option to a traditional guardianship. If, based upon the facts presented in the petition, the court determines that there is probable cause to believe that the proposed medical consent ward is in need of a temporary medical consent guardian immediately, and after all of the preliminary steps have been completed including holding a hearing, the court may appoint a temporary medical consent guardian. The temporary medical consent guardianship shall terminate on the earliest of the court’s removal of the temporary medical consent guardian, the effective date of the appointment of a permanent guardian, the duration of the current hospitalization of the medical consent ward or a substantially continuous stay in another health care facility, or sixty (60) days from the date of appointment of the temporary medical consent guardian.

A Durable Power of Attorney (“DPA”) is another option that allows a competent individual to grant someone else the authority to make decisions regarding their finances and/or other issues pertaining to their personal affairs. It not only contains certain instructions, but also names an agent to make health care decisions in accordance with the instructions, and to enforce the person’s stated intentions. A DPA is broader in scope than a living will and applies any time a person becomes incapable of making or communicating health care decisions. 

Georgia Advance Directives for Health Care combine a living will and Health Care Power of Attorney into one document. This document includes treatment preferences of the person signing the Directive and provides a clear understanding of how medical decisions should be made by the person to be appointed as guardian. This directive is executed in advance of incapacitation to be used when a person can no longer communicate their own wishes. 

Georgia law regarding persons authorized to consent to surgical or medical procedures allow physicians to treat individuals who do not have the ability to consent. Inability of any adult to consent means a determination in the medical record by a licensed physician, after the physician has personally examined the adult, that the adult lacks sufficient understanding or capacity to make significant responsible decisions regarding his or her medical treatment, or the ability to communicate their decisions by any other means. After an individual’s inability to consent has been determined, the law allows for the next of kin to make important medical decisions without a guardianship. 

A special needs trust is a particular kind of trust that can be established for the benefit of a person with a disability. The assets in this kind of trust can only be used in restricted ways, but they allow a person with a disability to have access to funds that might otherwise disqualify them from a variety of benefits programs. Because it allows for significantly more flexibility than a conservatorship, this option should be considered as well.

The information included herein is only intended to address some of the alternatives to guardianship and conservatorship and provide a basic understanding of the same. This information is not all inclusive, and should not be used as or considered to be legal advice.

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Alternatives to guardianship and conservatorship

Geauga Judge Tim Grendell named to national committee

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Judge Tim Grendell
Geauga County Probate and Juvenile Court Judge Timothy J. Grendell was sworn in as a new member of the National College of Probate Judges Executive Committee

Grendell is one of 10 probate judges from across the country who are currently given the honor to serve on the Executive Committee, according to a news release. Grendell is the first combined probate/juvenile court judge ever to be elected for the position.

The National College of Probate Judges was organized in 1968 in response to public concern with the time and costs involved in estate administration, and is the only national organization exclusively dedicated to improving probate law and probate courts, the release stated.

“Probate jurisdiction” varies from state to state. However, generally, all probate courts handle cases involving the estates of deceased persons, adult guardianship and protective proceedings, and mental health and addictive disease treatment, and matters concerning developmentally disabled persons. In Ohio, probate courts also handle adoptions, certain juvenile matters, and guardianship and conservatorship of minors.

The major purposes of the National College of Probate Judges are to promote efficient, fair and just judicial administration in the probate courts; and to provide opportunities for continuing judicial education for probate judges and related personnel.

These twin purposes are accomplished through a number of national and regional programs and projects, including conferences, publications and other materials, and online media, the release stated.

“It is an honor to be chosen by probate judges throughout the country to help lead the organization in its mission to improve probate law and probate courts throughout the country," Grendell said in the release. "Participating on the NCPJ Executive Committee will help me continue to provide innovative judicial practices, for the benefit of Geauga County families, seniors, and the county’s most vulnerable residents.”

Full Article & Source: 
Geauga Judge Tim Grendell named to national committee

‘Elder orphans,’ without kids or spouses, face old age alone.

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It was a memorable place to have an “aha” moment about aging.

Peter Sperry had taken his 82-year-old father, who’d had a stroke and used a wheelchair, to Disney World. Just after they’d made their way through the Pirates of the Caribbean ride, nature called. Sperry took his father to the bathroom where, with difficulty, he changed the older man’s diaper.

“It came to me then: There isn’t going to be anyone to do this for me when I’m his age, and I needed to plan ahead,” said Sperry, now 61, recalling the experience several years ago.

Sperry never married, has no children and lives alone.

Like other “elder orphans” (older people without a spouse or children on whom they can depend) and “solo agers” (older adults without children, living alone), he’s expecting to move through later life without the safety net of a spouse, a son or a daughter who will step up to provide practical, physical and emotional support over time.

About 22 percent of older adults in the United States fall into this category or are at risk of doing so in the future, according to a 2016 study.

“This is an often overlooked, poorly understood group that needs more attention from the medical community,” said Maria Torroella Carney, the study’s lead author and chief of geriatric and palliative medicine at Northwell Health in New York. It’s also an especially vulnerable group, according to a recently released survey of 500 people who belong to the Elder Orphan Facebook Group, with 8,500 members.

Notably, 70 percent of survey respondents said they hadn’t identified a caregiver who would help if they became ill or disabled, while 35 percent said they didn’t have “friends or family to help them cope with life’s challenges.”

“What strikes me is how many of these elder orphans are woefully unprepared for aging,” said Carney, who reviewed the survey at my request.

Financial insecurity and health concerns are common among the survey respondents: a non-random sample consisting mostly of women in their 60s and 70s, most of them divorced or widowed and college-educated.

One-quarter of the group said they feared losing their housing; 23 percent reported not having enough money to meet basic needs at least once over the past year; 31 percent said they weren’t secure about their financial future. Some 40 percent of people admitted to depression; 37 percent to anxiety. More than half (52 percent) confessed to being lonely.

Carol Marak, 67, who runs the Facebook group, understands members’ insecurities better than ever since suffering an accident several weeks ago. She cut her finger badly on a meat grinder while making chicken salad for dinner guests. Divorced and childless, Marak lives alone in an apartment tower in Dallas. She walked down the hall and asked neighbors — a married couple — to take her to the emergency room.

“I freaked out — and this wasn’t even that big of a deal,” Marak said. “Imagine people like me who break a hip and have a long period of disability and recovery. What are they supposed to do?”
Sperry has thought a lot about who could be his caregiver down that road in a circumstance like that. No one fits the bill.

“It’s not like I don’t have family or friends: It’s just that the people who you can count on have to be specific types of family and friends,” he said. “Your sister or brother, they may be willing to help but not able to if they’re old themselves. Your nieces and nephews, they may be able, but they probably are not going to be willing.”

The solution Sperry thinks might work: moving to a continuing care retirement community with different levels of care when he begins to become less independent. That’s an expensive proposition — entry fees range from about $100,000 to $400,000 and monthly fees from about $2,000 to $4,000. Sperry, a longtime government employee, can afford it, but many people aging alone cannot.

Planning for challenges that can arise with advancing age is essential for people who go it alone, advised Sara Zeff Geber, a retirement coach and author of “Essential Retirement Planning for Solo Agers: A Retirement and Aging Roadmap for Single and Childless Adults.”

A good way to start is to think about things that adult children do for older parents and consider how you’re going to do all of that yourself or with outside assistance, she said.

In her book, Geber lists the responsibilities that adult children frequently take on: They serve as caregivers, help older parents figure out where to live, provide emotional and practical support, assist with financial issues such as managing money, and agree to serve as health-care or legal decision-makers when a parent becomes incapacitated.

Also, older parents often rely on adult children for regular social contact and a sense of connectedness.

Planning for challenges that can arise with advancing age is essential for people who go it alone, advised Sara Zeff Geber, a retirement coach and author of “Essential Retirement Planning for Solo Agers: A Retirement and Aging Roadmap for Single and Childless Adults.”

A good way to start is to think about things that adult children do for older parents and consider how you’re going to do all of that yourself or with outside assistance, she said.

In her book, Geber lists the responsibilities that adult children frequently take on: They serve as caregivers, help older parents figure out where to live, provide emotional and practical support, assist with financial issues such as managing money, and agree to serve as health-care or legal decision-makers when a parent becomes incapacitated.

Also, older parents often rely on adult children for regular social contact and a sense of connectedness.

In New York, Wendl Kornfeld, 69, began running year-long workshops for small groups of solo agers four years ago. Though married, she and her 80-year-old husband consider themselves future solo agers living together. “We figured out a long time ago one of us was going to survive the other,” she said.

At those gatherings, Kornfeld asked people to jettison denial about aging and imagine the absolute worst things that might happen to them, physically and socially. Then, people talked about how they might prepare for those eventualities.

“The whole purpose of these get-togethers was to be fearless, face issues head-on and not keep our heads in the sand,” Kornfeld said. “Then, we can plan for what might happen, stop worrying and start enjoying the best years of our lives.”

Kornfeld took her program to New York City’s Temple Emanu-El three years ago and is working with several synagogues and churches interested in launching similar initiatives. Meanwhile, elder orphans have begun meeting in-person in other cities, including Chicago; Dallas; Portland, Ore.; San Diego; and Seattle, after getting to know one another virtually on the Elder Orphan Facebook Group.

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‘Elder orphans,’ without kids or spouses, face old age alone.

Nevada guardianship reform goes to Washington

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LAS VEGAS (KTNV) — Our reporting is driving change to protect people from serious crimes.

13 Investigates has revealed exploitation of our most vulnerable citizens in a years-long special report on horrific abuse in the guardianship system.

Now we follow the story as it goes to our nation's capital.

"Guardianship abuse hit many in Nevada. It destroyed the lives of countless individuals, depriving them of their liberty, their right to see their family and their assets," says Barbara Buckley, Executive Director for Legal Aid Center of Southern Nevada.

The stories we filed, beginning in 2015, about cases of theft and exploitation is leading to major reform in how we care for the vulnerable.

Buckley took Nevada's experience to the nation's top-level lawmakers. In a hearing before the Senate Special Committee on Aging she talked of the crimes committed against elderly and disabled adults in Nevada, all under court approval...

"Guardians were being appointed without notice often when there was no real need for a guardian," Buckley told senators. "The court bypassed family members to appoint professional guardians or others who proceeded to loot the estate and then isolate the individual from loved their loved ones."

Many of the victims told us they felt the system was rigged against families. Senator Richard Blumenthal from Connecticut questions the judges assigned to guardianship cases.

"And these judges are essentially beyond any oversight and very often they have their own fiefdoms. Literally; their own private kingdoms. They make a ton of money," Sen. Blumenthal said.

Buckley told the senators about three key areas of reform in Nevada's guardianship system that were implemented in the wake of our investigation. Ideas that could help protect seniors in the future, like the right to have an attorney.

"The goal of counsel is to ensure that the least restrictive alternative to guardianship is the first thing examined," Buckley said. "So as to maximize the independence and legal rights of those who are facing guardianship. To provide a voice in court proceedings for those who want to contest a guardianship either because it's unnecessary or because the guardian is abusing their power."

The second piece of reform is creating a Bill of Rights for protected persons that would end the previous lack of consideration for those under guardianship.

"In Nevada, like many other places, there seems to be almost a callous indifference about the rights of the individual under guardianship--where their opinion really didn't matter." Buckley explained.

"A person has the right to be treated with dignity, respect, to be in the least restrictive environment, be represented by counsel. To not have their visitors restricted."

The third plank, key to ongoing protection, a direct result of our investigation, is the creation of the Guardianship Compliance Office. 
 
"This office opened in January 2018 and provides auditing and investigative services to the district courts," Buckley said. "They may locate a protected person who is not where they are supposed to be. They may report on the appropriateness of the guardian and the care and treatment."

The senate just released this report called ensuring trust about the effort to overhaul guardianship.

And you can see the entire hearing by clicking here.


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Nevada guardianship reform goes to Washington

How Britney Spears Overcame Financial Hardship, Custody Battles and Repeated Heartbreak to Find a Surprisingly Normal World

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It seems like a lifetime ago that Britney Spears was the poster child for the pop star in crisis.

After all, it's been over a decade since that fateful night in February 2007 when she stepped into a hair salon in a Los Angeles-area suburb and shaved all her hair off as the prying eyes of the paparazzi documented every moment of the shocking incident. And in that time, of course, there have been plenty of other celebrities—from the music world or otherwise—who've experienced enough stumbles and pitfalls of their own, dislodging those sad memories of her from that place they'd once occupied in our minds. It didn't hurt that, at the same time, Spears, with the help of her father Jamie Spears and lawyer Andrew M. Wallet though a decade-long conservatorship, has gone on to rebuild her life, seemingly brick by brick, reforming it into the quietly mighty empire she now possesses—emphasis on the word quiet.

Despite her continued near-ubiquitous presence in the world of pop culture, thanks to a delightful Instagram feed and a history-making Las Vegas residency, life for the singer, who turns 37 on Sunday, Dec. 2, has been decidedly private. She does little to no press. If she's not on stage, she's rarely seen. It may be something of an oxymoron to say that the woman about to kick off her second stay on the Las Vegas Strip come February lives a small life, but it's accurate. In honor of her big day, let's take a look inside the private world of the pop princess.

Her Empire

Thanks to the existence of the conservatorship that a judge installed to essentially take over her life in the wake of her dual emergency hospitalizations in January 2008, Spears is perhaps the one celebrity whose net worth we can assess with absolute certainty. And in documents obtained by E! News this August, we learned that the pop star is worth well over $56 million dollars. Key to her fortunes, aside from album sales, of course, is the money earned performing night after night during her Piece of Me residency, which ended on New Year's Eve in 2017, and her summer tour across the East Coast and Europe, as well as the profits from her massively lucrative fragrance line with Elizabeth Arden, of which there are 25 distinct fragrances, from 2004's Curious to this summer's unisex Prerogative.

Looking to keep her empire continually expanding, Spears and her team have partnered with Epic Rights to create a haircare line, along with clothing, exercise gear, electronics, and other accessories. "We see this new lifestyle collection as Britney's next step in connecting with her legions of loyal fans around the globe," her longtime manager, Larry Rudolph, told WWD in April of this year. "Sharing her style and fashion sense through products she has developed is a testament to her authenticity as well as her commitment to and appreciation of the fans that have made it all possible." The Britney Spears Lifestyle program has an expected launch of spring 2019, shortly after she kicks off Britney: Domination at the Park MGM in February.

Her Financial Woes

Despite the fact that she's sitting high atop a multi-million dollar empire, her past year hasn't been without its financial hits in the form of a challenge to her long-standing custody arrangement with ex-husband Kevin Federline. In March, E! News confirmed that the father of the singer's two sons, Sean Preston, 13, and Jayden James, 12, had requested an increase in the $20,000 he's received each month since 2008, "given that the kids are older and the financial circumstances of the parties are significantly different than when the child support was originally resolved."

After an initial attempt to settle out of court, Federline filed papers with the court in May formally requesting a change in the agreement while also requesting that Spears cover his attorney's fees. In the documents, the former backup dancer estimated his monthly income around $3,000, "less than 1 percent" of Spears'. He stated that, as a result of being unable to provide a lifestyle for his sons similar to the one Spears provides, he sought out the increase "to provide some sort of remote parity between the lifestyles."

In August, she was ordered to pay Federline $110,000 to cover his legal "costs and fees," and a month later, it was reported that the former couple had settled, with Spears agreeing to pay her ex "thousands more a month in child support." At the time, a source told E! News that the "Slumber Party" singer was "very unhappy" with the settlement, but understood that it was "in her best interest" to move on from the whole ordeal. "She was tired of fighting about it and is ready to get on with her life and put this behind her," the source added.

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How Britney Spears Overcame Financial Hardship, Custody Battles and Repeated Heartbreak to Find a Surprisingly Normal World

American Airlines passenger left in wheelchair overnight after flight home was cancelled

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A 67-year-old woman who has trouble walking was reportedly left in a wheelchair overnight after her flight from Chicago to Detroit was cancelled on Friday.  

Olimpia Warsaw’s son Claude Coltea told CBS Chicago that she had flown to Chicago to attend her ex-husband’s funeral. On the way there, her luggage was lost. On the way back, she was abandoned in the airport.

Her son reportedly dropped her off at her gate, checked that her flight was on time, and then headed to catch his own flight. But when her flight ended up getting cancelled, no one helped her get to a hotel, according to her son.

“All we wanted was someone to pause and say, ‘You know what, can we just make sure this human being is safe and then we can all go home,’” Coltea told CBS. “Not one person did that.”

After a porter was assigned to help Warsaw, Coltea claims they took his mom to the front of Chicago O’Hare International Airport and then left because their shift was over. Coltea said Warsaw has trouble communicating and wasn’t able to find a way to the hotel on her own.

“She actually had to find a random passenger to help her out just to go to the bathroom because the porters had already left for the night,” Coltea told CBS.

American Airlines said in a statement to Yahoo Lifestyle that its team “is deeply concerned about what occurred Friday evening” at O’Hare. “This is not the level of service we aspire to provide to our customers, and we apologize to Ms. Warsaw and her family for letting them down.”

The airline added that it has launched an investigation with its Chicago team, and is working with the vendor it utilizes to provide wheelchair services at O’Hare to “ensure this does not happen again.” American Airlines said its staff has spoken with the family multiple times and refunded Warsaw’s ticket.

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American Airlines passenger left in wheelchair overnight after flight home was cancelled

Feds Order More Weekend Inspections Of Nursing Homes To Catch Understaffing

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The federal government announced plans Friday to crack down on nursing homes with abnormally low weekend staffing by requiring more surprise inspections be done on Saturdays and Sundays.

The federal Centers for Medicare & Medicaid Services said it will identify nursing homes for which payroll records indicate low weekend staffing or that they operate without a registered nurse. Medicare will instruct state inspectors to focus on those potential violations during visits.

“Since nurse staffing is directly related to the quality of care that residents experience, CMS is very concerned about the risk to resident health and safety that these situations may present,” the agency said in a notification to state inspection offices.

The directive comes after a Kaiser Health News analysis found there are 11 percent fewer nurses providing direct care on weekends on average, and 8 percent fewer aides.

Residents and their families frequently complain the residents have trouble getting basic help — such as assistance going to the bathroom — on weekends. One nursing home resident in upstate New York compared his facility to a weekend “ghost town” because of the paucity of workers.

Richard Mollot, executive director of the Long Term Care Community Coalition, an advocacy group in Manhattan, welcomed the new edict but said it was only necessary because state inspectors have not been properly enforcing the rules already on the books.

“The basic problem is the states don’t take this seriously,” Mollot said. “How many studies do we have to have, year after year, decade after decade, saying it all comes down to staffing, and there are very few citations for inadequate staffing and virtually all of them are identified as not causing any resident harm?”

CMS said it will identify potential violators by analyzing payroll records that nursing homes are now required to submit. Those records, which became public this year, showed lower staffing than what facilities had previously told inspectors during their visits, according to the KHN analysis.

“CMS takes very seriously our responsibility to protect the safety and quality of care for our beneficiaries,” CMS Administrator Seema Verma said in a statement.

The nursing home industry criticized the heightened scrutiny.

“Unfortunately, today’s action by CMS will enforce policies that makes it even more difficult to meet regulatory requirements and hire staff,” said Dr. David Gifford, senior vice president of quality and regulatory affairs at the American Health Care Association, an industry trade group, in a written statement. “Rather than taking proactive steps to address the national workforce shortage long-term care facilities are facing, CMS seems to be focusing on a punitive approach that will penalize providers and make it harder to hire staff to meet the shared goal of increasing staffing.”

Currently, a tenth of inspections must occur during “off hours,” which can be either a weekend, or during a weekday before 8 a.m. or after 6 p.m. But for facilities that Medicare identifies as having lower weekend staffing, half of those off-hour inspections—or 5 percent of the total — must be performed on Saturdays or Sundays.

Medicare requires nursing homes to have a registered nurse on site for at least eight hours every day, but according to the payroll records, a quarter of nursing homes reported no registered nurses available at least one day during a three-month period. Since July, Medicare’s Nursing Home Compare website for consumers has highlighted homes that lack sufficient registered nurses and lowered their star ratings. Nursing Home Compare has downgraded ratings for 1,402 of 15,600 facilities for gaps in registered nurse staffing, records show.

The new directive instructs inspectors to more thoroughly evaluate staffing at facilities Medicare flags. The edict does not mean a flurry of sudden inspections. Instead, Medicare wants heightened focus on those nursing homes when inspectors come for their standard reviews, which take place roughly once a year for most facilities.

But what may appear to be staffing scarcities in payroll records may instead be clerical problems in which nurse hours are not properly recorded, say some nursing home officials.

Katie Smith Sloan, president of LeadingAge, an association of nonprofit providers of aging services, said in a statement that some homes are still struggling to adapt to the new data collection rules.
“We’ve been voicing our concerns to CMS and will continue to do so,” she said.

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Feds Order More Weekend Inspections Of Nursing Homes To Catch Understaffing

The number of homeless pensioners is the highest it’s been for a decade

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The number of pensioners being accepted as homeless has skyrocketed by 40 per cent in five years, according to new figures.

A total of 2,520 people aged 60 and over were classed as ‘without a safe and secure home last year’ – the highest number for over a decade.

The government figures for January to March of this year also uncovered a 54 per cent rise in single parent families forced to turn to temporary accommodation.

There has been a three per cent increase on the number of families waiting for a permanent place to stay with 79,880 altogether in hostels and B&Bs. This figure has risen by 56 per cent since the onset of austerity measures in 2010.

The total number of those living in B&Bs had actually fallen by 10 per cent to 5,940, but is still up a staggering 190 per cent from the levels seen eight years ago.

Responding to the figures, Polly Neate, Shelter CEO, said: “It’s clear that our country is in the firm grip of a housing crisis as these figures starkly show, with older people and single parents both bearing the brunt. If we want to protect more people from the ravages of homelessness, the government must come up with a bold new plan for social housing and in the short term, ensure housing benefit covers the actual cost of rents.”

But it is not just the elderly and single-parent families that are at risk of homelessness.  The statistical release also highlighted non-violent breakdown of a relationship with a partner, naming it the fifth-most common reason for loss of last settled home.

Chris Sherwood, chief executive at relationship support charity Relate, has proposed for councils to offer free relationship counselling to tackle the issue.

“It’s good to see local authorities taking positive steps to prevent homelessness such as finding temporary accommodation for at risk groups, but we also need to pay closer attention to the root causes,” he said. “With non-violent relationship breakdown being the fifth most common cause of homelessness, local authorities should consider offering free relationship counselling to families and individuals who may be at risk if they haven’t already done so.

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The number of homeless pensioners is the highest it’s been for a decade
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