Quantcast
Channel: National Association to Stop Guardian Abuse
Viewing all articles
Browse latest Browse all 12982

Ex-guardian's death leaves void for elderly, disabled

$
0
0

Last year's death of Jeffrey M. Schend, a former Appleton guardian, effectively ended the criminal case that accused him of living lavishly off the elderly and disabled people he was sworn to protect.

But frustrations remain high for ex-clients of Schend, including John Pike of Appleton, who suspects he lost close to $35,000. He's still trying to recoup his losses.

"I'm penniless," Pike said. "I'm trying to pay back on all these bills that Jeff Schend should have already paid."

A civil court hearing in Outagamie County on Monday will determine whether the lone safety net required of Schend — a business service bond — provided protection of the assets of vulnerable people who were placed under his care. Schend purchased a $250,000 bond as part of his contract with the county to handle the finances of those who were determined by a court to be incompetent.

The firm that sold the bond, Minnesota-based Platte River Insurance Co., is asking Judge Mitch Metropulos to declare it isn't liable for losses.

The company's arguments boil down to contract language. Under terms of the bond, the company would pay in the event of "any fraudulent or dishonest act." The trigger point for payout, however, would come only after Schend or one of his employees was "tried and convicted by a court of proper jurisdiction."

Schend committed suicide before the case concluded.

"Because no criminal conviction was entered against Schend, Platte River has no obligation to any actual or potential claimant under the bond," attorney Daniel Gregerson said in written arguments.

Carey Reed, an attorney for Pike, argues that the company is relying on a technicality and trying to benefit from a suicide "despite overwhelming evidence against Schend."

Money was missing
An investigation into Schend began after county officials received complaints in late 2010 that the bills of those placed under his watch weren't being paid.

Police determined that about $500,000 was missing from accounts within his oversight. Schend maintained his innocence and attributed discrepancies to poor bookkeeping.

Guardians are appointed by courts to oversee assets and pay bills when it's determined a person can no longer manage his or her finances.

An accountant hired by prosecutors combed bank records and provided a detailed analysis of Schend's income and spending. Spending included flights, cruises, limousine rentals and yacht club fees.

His lifestyle, however, didn't match his earning capacity.

Schend's business, JMS Guardianship Services, could have collected a maximum $51,000 in fees from those placed under his watch in 2010. His personal spending reached nearly $165,000 that year, records show.

Full Article & Source:
Ex-guardian's death leaves void for elderly, disabled

See Also:
Jeffrey Schend's attorney asks for dismissal because of delays in prosecution

Bonds in Jeffrey M. Schend's Appleton guardian case won't cover losses

WI: Jeffrey Schend Theft Case Prompts Tougher Guardian Rules


Viewing all articles
Browse latest Browse all 12982

Trending Articles



<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>