Showing posts with label Legislation. Show all posts
Showing posts with label Legislation. Show all posts

Monday, July 25, 2016

An elderly man was held in a motel room for around four years so another man could steal his benefits, police say.

81-year old man held hostage for years in elder financial abuse case

An elderly man was held in a motel room for around four years so another man could steal his benefits, police say. 


A New York man held an 81-year-old veteran hostage for at least four years in order to collect his benefits, police said Thursday, weeks after the US House of Representatives passed legislation to call attention to financial elder abuse.
Perry Coniglio, 43, is accused of holding an elderly veteran with dementia at the U.S. Academy Motel in Highlands, New York, near West Point, in a room adjoining his own. The motel is located next to a police station, according to the Associated Press.
Mr. Coniglio was able to collect a "tremendous" amount of monthly funds through Social Security benefits, pension payments, and food stamps, police said, without specifying the amount.
Police were recently tipped off to the situation by concerned neighbors, one of whom had captured the former Marine being abused on video.
Coniglio is being held on $15,000 bail and is being charged with grand larceny and unlawful imprisonment, among other charges.
Elder abuse has become a particularly pressing issue as the population ages, as The Christian Science Monitor reported last month. In the vast majority of cases, the abuser is a family member.
A study from the British Geriatrics Society released in June found that more than a third of caregivers engage is potentially abusive behavior. Often, the abuse occurs when demands on carers become too much for them to be able to meet.
"Findings highlight the need for support and training for carers, so that they can care with confidence, have the skills to manage difficult caregiving situations and recognise when the pressures associated with caregiving may be harming the older person and know at which point they should seek help," the researchers wrote. "Community-based professionals such as public health nurses, GPs, social workers and home care staff need the skills to recognise behaviours that may act as early warnings."
The researchers said the data shows that family caregivers need more support to fulfill their duties.
One in 5 Americans will be in the "older" demographic by 2030, according to the US Census Bureau. Five million elderly adults are abused each year, according the National Center on Elder Abuse, 90 percent abused by family members.
Fighting elder abuse has become more of a priority on both the state and federal level in recent months.
The House of Representatives unanimously passed legislation that would protect financial advisers who try to fight the financial exploitation of the elderly, as Investment News reported.
The legislation gives financial advisers the ability to report abuse without fear of being prosecuted for violation of privacy laws. It also discusses training on how to identify financial abuse of the elderly.
"While Washington has been gridlocked for a long time, I'm very pleased that the House was able to pass this critical legislation, and I am hopeful the Senate will quickly follow suit," Dale Brown, the president and chief executive of the Financial Services Institute, said in a statement. "The Senior Safe Act is a big step forward in the prevention of elder financial abuse across the country."
The Senate could vote on a similar legislation this year.
One the state level, laws went into effect July 1 in Alabama, Indiana, and Vermont that require financial advisers to alert the state if they suspect elder financial abuse.
This report contains information from the Associated Press

Wednesday, July 20, 2016

Grassley introduces legislation to combat senior fraud

Editor's note: Sen. Chuck Grassley could start combating financial fraud against seniors by investigating the architects of fraud, The Probate Court of Cook County.  Chuck, begin by finding out who forged and cashed Alice R. Gore's 18 annuity checks.  Needless to say, the court did not wish to look into the fraud because they are part of the crime.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Grassley introduces legislation to combat senior fraud
Friday, July 15, 2016 2:45 PM

Senate Judiciary Committee Chairman Chuck Grassley has introduced comprehensive legislation to combat financial fraud against seniors. The bipartisan Elder Abuse Prevention and Prosecution Act (S. 3270) expands education, prevention and prosecution tools to reduce crimes against seniors. The bill would increase training for federal investigators and prosecutors and equips each judicial district with at least one prosecutor having expertise with elder abuse cases, and establish an elder justice coordinator within the Federal Trade Commission's Bureau of Consumer Protection, among other provisions. An estimated 6 million Americans over the age of 60 fall victim to abuse or exploitation each year, and many of those crimes go unreported. Financial crimes targeting seniors robs them of at least $2.9 billion annually.

Wednesday, February 10, 2016

Senate unanimous in support for elderly-abuse protections

Senate unanimous in support for elderly-abuse protections


News Mitchell,South Dakota 57301 http://www.mitchellrepublic.com/sites/all/themes/mitchellrepublic_theme/images/social_default_image.png
The Daily Republic
Senate unanimous in support for elderly-abuse protections
Mitchell South Dakota 120 South Lawler 57301
PIERRE—A package of protections for elderly people in South Dakota against emotional and financial abuse won approval Wednesday from the state Senate.

The vote was 35-0. SB 54 now goes to the House of Representatives.
ADVERTISING
 
Sen. David Novstrup, R-Aberdeen, sponsored the legislation last year establishing the task force.
David Gilbertson, chief justice for the South Dakota Supreme Court, had suggested the topic.
"Some people have described elder abuse as hiding in plain sight or a silent crisis," Novstrup said.
The task force made 16 recommendations. Ten are contained in the legislation.
One of the changes calls for emotional abuse to be classified as a Class 1 misdemeanor crime, punishable by up to one year in jail and a fine of $2,000.
The Legislative Research Council estimated the impact of adding the emotional-abuse misdemeanor at $1,054 per year.
That is based on the likelihood of nine arrests and one conviction per year, with an average jail sentence of 10 days costing $105.40 per day.
Physical abuse or neglect of an elder person or a disabled person is already a Class 6 felony, punishable by up to two years in state prison and a fine of $4,000.
There were 53 physical abuse cases from Jan. 1, 2010, through Dec. 31, 2015, with seven convictions, according to the LRC.
The average time served for those convictions was 730 days in prison.
Another change allows financial institutions to report suspicious situations to the state attorney general office.
The LRC report said the U.S. Census Bureau estimated there are approximately 128,000 South Dakotans who are older than age 65.

Tuesday, July 28, 2015

Peter Falk bill coming to Utah

Peter Falk bill coming to Utah

Peter Falk bill coming to Utah
(KUTV) A Peter Falk bill is coming to the Utah Legislature.
Actor Peter Falk played Columbo, a rumpled detective, who was smarter than he appeared, and was one of the most popular characters ever on television.
Falk’s daughter Catherine Falk is now touring states asking for legal changes that would allow children to visit their parents in the hospital or a care facility.
“When my father was very sick, my sister and I weren’t given access. We couldn’t see him,” Catherine Falk said.
Peter Falk suffered from Alzheimer’s and died in 2011. His second wife kept his children from him in his last illness.
“It was his last days, and you just want to spend time with your father,” Catherine Falk said.
She is travelling from state to state asking for a streamlined legal process that would allow children to visit their parents.
“I’ve met with people in Utah who had the same problem,” says Sen. Todd Weiler, R-Woods Cross. Weiler will sponsor a “Peter Falk” bill in the 2016 Utah legislative session.
Catherine. Falk says such bills are already pending in New York, New Jersey and Arizona.
Follow us on Twitter @KUTV2News and LIKE us on Facebook for breaking news, updates and more.

Friday, July 24, 2015

Casey Kasem’s ordeal inspires law to curb elder abuse



Casey Kasem at the 41st annual Emmy Awards. Photo credit: Alan Light
Casey Kasem at the 41st annual Emmy Awards. Photo credit: Alan Light
Broadcasting legend Casey Kasem’s children and their fight to see their ailing father before he died inspired a bill signed into law Tuesday by Gov. Jerry Brown.
The legislation, developed by Assemblyman Mike Gatto, D-Glendale, provides access for adult children who wish to visit a sick parent and offers legal recourse for children who are denied access by their parent’s spouse or another family member.
“Conflict among family members is the last thing our loved ones want to see as they approach their final hours,” Gatto said. “I hope this bill will help decrease the heartache and stress of families already facing difficult circumstances.”
Gatto said he was inspired by Kerri Kasem, who was denied visitation rights to her father, who died June 15, 2014, in Gig Harbor Washington at the age of 82.
“AB 1085 will provide hope to families experiencing isolation of a loved one by giving the court a way to provide visitation,” Kasem said, thanking Gatto for bringing more awareness to the issue of elder abuse.
The law gives judges authority to grant a conservator the power to enforce a senior’s right to visitors, calls and personal mail. It also requires caretakers to give notice of an elder’s death to certain family members.
Kasem’s three children from his first marriage accused his second wife of hiding the bedridden radio icon, who had been diagnosed with Parkinson’s disease and Lewy body dementia.
In May, Los Angeles County prosecutors declined to charge Kasem’s widow with abuse or neglect of her late husband, saying the onetime “America’s Top 40″ host was under regular medical supervision and there was insufficient evidence of any abuse.
Kerri was ultimately appointed as her father’s conservator and the children were with him when he died.
— City News Service

Saturday, July 4, 2015

The Peter Falk Bill: Columbo's Daughter, Catherine Falk

The Peter Falk Bill: Columbo's Daughter, Catherine Falk
CATHERINE FALK, the daughter of beloved actor Peter Falk aka Columbo, is waging a state-by-state campaign to grant children access to an elderly or incapacitated parent who is under someone else's care, & her visiting-rights bills are advancing in New York and California. If the bills go into effect, it could provide a useful model for legislation in other states.

Despite a long & varied career, Peter Falk gained fame for his portrayal of the dishevelled but crafty Los Angeles Lieutenant. Columbo always wore a grubby raincoat & smoked cigars, & usually made a false exit before uttering his catchphrase: ‘Just one more thing.’ The original series ran for seven years from 1971, but was constantly re-commissioned throughout the 1980s and 1990s due to its popularity. When Peter was diagnosed with dementia in 2008, Catherine found it difficult to get information about his well being.
"The visitation bill basically is a protection, a law that protects adult children and ailing elderly parents when your parent is being isolated or secluded away from family, friends and loved ones," Catherine Falk said. As divorce and remarriage become more prevalent in today’s society, there is a greater possibility of conflicts between a second spouse and children from a first marriage. These conflicts can become very contentious when a parent is incapacitated, enters into a conservatorship, & the current spouse cuts off access between the parent & a child from a previous marriage.

The Peter Falk bill is close to passing in 10 states through bipartisan support. In the State of New York, the Peter Falk Bill – Bill #3461 – is in the Assembly & ready to be passed and approved. The Catherine Falk Organization offers a support center for those who need assistance for getting visitation rights to see an ailing parent.

www.catherinefalkorganization.org

Source:
The Peter Falk Bill:  Columbo's Daughter, Catherine Falk

JOIN the Catherine Falk Organization's Facebook Page

The Catherine Falk Organization

Monday, April 27, 2015

Judge Guy Herman Insulting Battered Families of Judicial Abuse

Editor's note: This Shark believes that one does not have to travel to Texas to be insulted by a judge...we have our own boorish judges in the Probate Court of Cook County.  Lucius Verenus, Schoolmaster, ProbateSharks.com


Harris County Texas Judge Guy Herman's Testimony at the Senate Committee on State Affairs on SB1876

Source:
Judge Guy Herman Insulting Battered Families of Judicial Abuse

Sunday, April 19, 2015

Calif. Unscrupulous Elder Care Referral Agencies Bill Approved by Senate Committee – SB 648

Editor's note: Regarding the Estate of Alice R. Gore, a disabled ward of the Probate Court of Cook County, an unscrupulous troika was created. This troika, a cabal of the "Judicial-Nursing Home Complex" consisted of an unscrupulous judge, an unscrupulous guardian ad litem and an unscrupulous case management company. This Shark questions whether a similar bill in Illinois would effect change in this corrupt system since many complaints have been made to proper authorities and none were punished?  Lucius Verenus, Schoolmaster, ProbateSharks.com

Calif. Unscrupulous Elder Care Referral Agencies Bill Approved by Senate Committee – SB 648

389
Congressman Tony Mendoza
SACRAMENTO, Calif. /California Newswire/ — Senate Bill 648, authored by Calif. Senator Tony Mendoza, was approved this week by the Senate Health Committee. The bill will protect seniors and their families from elder care referral agencies that engage in unscrupulous business practices by strengthening their licensing and financial disclosure requirements. The bill now goes to the Senate Judiciary Committee for consideration.
As the population of aging adults who need specialized medical care and support services has grown in the last several years, there has been an explosion of for-profit businesses that offer referral assistance to seniors and their families to find suitable long term care housing options in extended care, skilled nursing home or intermediate care facilities and residential care facilities.
While these agencies provide a valuable service, current licensing requirements leave room for abuse. For example, some referral agencies advertise their services as free of charge to the consumer. However, they often contract with care facilities and receive commissions, incentives and bonuses for each senior or family placement. These financial incentives are largely undisclosed to the senior or families being placed, and may lead to a placement that is not helpful and may even be harmful to the patient.
“I want to ensure that seniors and their families are not taken advantage of by strengthening the licensing and financial disclosure requirements for referral agencies. This will help protect against referral agencies that engage in unscrupulous business practices” said Senator Tony Mendoza.
“Seniors and their families who use these services have a right to know what financial relationships may be influencing the referral to a specific nursing home or long term care facility,” said Senator Mendoza. “My bill requires a more transparent process so that seniors will be able to make a more informed decision about what long term care options are available.”
“A decision to find long-term care quickly creates an environment that makes families and seniors more susceptible to pressure, misinformation and unscrupulous business practices,” said Senator Mendoza. “Minimum standards for disclosure are needed to ensure that seniors, and their families, are making the most informed choices when it comes to their long-term assisted care needs.”
In spite of their proliferation, referral placement agencies are largely unregulated in California. Under current law, only certain referral agencies are required to be licensed and there are no requirements for ensuring that referrals are made solely to licensed care facilities. There is a need to address these gaps in current law in order to ensure that every placement agency meets some licensing requirements and financial disclosure requirement and to ensure that seniors are not being referred to facilities that have lost their license to operate in California.
“Referral agencies targeting a senior or family member during one of the most difficult times in their life and profiting from it without full disclosure of their financial interest is just wrong. My bill will end this practice,” said Senator Mendoza.
SB 648 will:
Require a referral agency to disclose any financial interest shared with a care facility, including all fees, commissions received, and other financial benefits resulting from the placement.
Require disclosure of how often a referral agency has inspected a facility; and, a notice advising clients as to where complaints can be directed.
Require the referral agency to protect the medical privacy of seniors by prohibiting the sharing of a client’s personal information.
Require the referral agency to maintain liability insurance, and prohibits the referral agency from holding any power of attorney or property of a client.
Add “residential care facility for the elderly” to the definition of referral agency for licensing purposes.
In 2011, the state of Washington became the first state in the nation to regulate elder placement referrals in response to an investigative report conducted by The Seattle Times. The Times reported that some referral companies did not disclose the commissions they collected from facilities, oftentimes steering seniors to those facilities regardless of the patient’s needs. Agencies also referred patients to facilities with known histories of poor care and neglect, a practice that SB 648 will address.
“The Consumer Federation of California is sponsoring this bill to give the elderly and their families the information they need to make good decisions in difficult times. They have a right to know whether a placement agency is being paid to promote a facility, whether from fees, commissions or other considerations. They have a right to know that a recommendation is based on first-hand observation of a facility over time – actual visits, not public relations or glossy brochures. And they have a right to know what qualifies a placement agency to advise them on such a life-changing decision. Our elders ought to be able to count on these agencies to have their clients’ best interests at heart, not their own profits,” said Richard Holober, Executive Director of the Consumer Federation of California (CFC). Since 1960, CFC has been active in safeguarding the rights of the elderly and all Californians.
Senator Tony Mendoza, a Los Angeles native and former elementary school teacher in East Los Angeles, represents the 32nd Senate District encompassing portions of Los Angeles and Orange Counties. For more information about Senator Mendoza visit his website http://sd32.senate.ca.gov/node/4

Thursday, April 16, 2015

Courts, lawmakers working on protection for weakest citizens

 






Judges and lawyers responsible for Clark County’s flawed guardianship system acknowledge they have a problem.
They just say they’re powerless to fix it.
Guardianship Commissioner Jon Norheim and his supervisor, Family Court Judge Charles Hoskin, say they lack the money, staff and authority to prevent the financial exploitation of county wards detailed Sunday by the Las Vegas Review-Journal.
But in Washoe County, a single judge is credited with making sweeping reforms that cleaned up a similarly troubled guardianship system.
And Nevada lawmakers are considering three reform bills that are opposed by professional private guardians but supported by advocates for the elderly and the incapacitated.
EASY TO BEAT SYSTEM
Becoming a private professional guardian in Nevada is as simple as showing a certification from the Center for Guardianship Certification, a not-for-profit organization based in Harrisburg, Pa.
The requirement is that hard to meet, the Government Accountability Office reported in 2010.
Undercover agents for the investigative agency used false background information on applications to the Center for Guardianship Certification. They were not required to give a Social Security number, nor was there any kind of background credit check, the agency reported.
The agents were certified after providing fake ID and passing the center’s written test.
Then, as now, Nevada doesn’t license or even do its own background checks on professional private guardians. If it did, it might have had reason to question the qualifications of Patience Bristol, who worked in the office of private guardian Jared Shafer while going through Chapter 13 bankruptcy from 2005 to 2010.
Bristol became a certified private guardian and opened her own office in 2012. She is now serving three to eight years in prison for stealing at least $200,000 in money and property from four of her wards. Prosecutors said much of the money went to cover major gambling losses.
In a curious foreshadowing of the Bristol case, the 2010 GAO report referred to an unidentified case manager in a Nevada county’s public guardian office who started her own guardianship business and was accused of stealing at least $200,000 from wards’ accounts to support a gambling problem. Details in that case — some three years before Bristol’s arrest — were not available from the GAO.
Hoskin and Norheim acknowledge Nevada’s guardianship system is especially vulnerable to exploitation by someone like Bristol, who worked for the county from 1998 until 2003.
Someone who knows the intricacies of the system “would have a much better idea of how to work the system than somebody who didn’t have that background,” Hoskin said.
Blatant “conversion” — theft — brought Bristol the attention of a bank investigator who blew the whistle.
Prosecuting a guardian who is exploiting a ward by overcharging for legitimate services can be far more tricky, said attorney Michael Olsen, who represents one of Bristol’s victims, Kristina Berger.
As in other cases examined by the Review-Journal, Berger’s guardians ignored the state’s minimal requirement of an annual report to the court showing spending from a ward’s estate. Neither Shafer nor Bristol ever made a report during Berger’s five-year guardianship, and the court never noticed.
“We do have some rules on the books that also need to be better enforced,” Olsen said. “I think we need to continue to develop the statutes.”
Olsen, who has been a practicing family and elder law attorney in Las Vegas for more than a decade, would like to see other changes to better protect the vulnerable, such as an increase in court monitoring. He would end the practice of letting guardians finance legal battles with the families of their wards with the ward’s own money.
Even without those reforms, Bristol’s prosecution could set a precedent, Olsen said.
“I would like to see (Las Vegas police) continue to be increasingly diligent in looking out for the seniors and the vulnerable who have been taken advantage of and prosecuting those cases criminally,” Olsen said. “I think that will have more of a deterrent effect than anything we can do on the civil side.”
MORE OVERSIGHT NEEDED
Hoskin and Norheim say they need more money to adequately oversee the county’s guardianship system, including additional funding for the public guardian’s office, adding more compliance officers to monitor guardians and funding a volunteer program to represent wards in court.
“We only need private guardians because the public guardian’s office is inadequately funded,” Norheim said.
But one Nevada county has dramatically reduced exploitation by guardians without having more money to spend.
Washoe County District Judge David Hardy said he recognized the need to better protect wards in his early days as a private practice elder law attorney.
“The guardianship system itself contemplates that one person will be in charge of another person’s finances. When that happens, you’re going to have a small percentage of people who serve themselves,” Hardy said. “It’s easy to take from somebody who can’t defend himself or herself.”
Now Washoe County’s chief judge, Hardy worked with his colleagues to develop protocols giving wards more of a say in their treatment and narrowing the authority of guardians.
“In the old days, we used to appoint the guardian and then expect that the guardian would show up a year later with the accounting,” Hardy said. “Sometimes they would, sometimes they wouldn’t.”
With the help of a federal grant, the Washoe courts and the Reno-based National Center for State Courts recently completed a study that recommended reorganization and reallocation of resources, making it possible to hire a guardianship compliance officer to better monitor cases without additional funding, Hardy said.
Nevada advocates for the elderly credit Hardy’s reforms with greatly reducing complaints about his county’s guardianship system.
“It’s very easy for these cases to fall through the cracks unless we have the resources within the court to monitor those cases,” Hardy said. “In Washoe County, we have a thousand guardianship wards that are subject to orders, yet we focus every single week on new appointments. We grow this backlog of cases where there are living, vibrant people. And we focus our resource attention on the appointment, and too often neglect the appointment monitoring and supervision of cases.”
PENDING LEGISLATION
While critics of the guardianship system say much can be done at the county level, they also are pushing state lawmakers to adopt major reforms.
The Legislature is considering three bills pertaining to Nevada guardianships. Senate Bill 262, sponsored by Sen. Becky Harris, R-Las Vegas, would remove the requirement for a guardian to be a resident of the state. Assembly Bill 9, from the Legislative Committee on Health Care, would prohibit the courts from granting summary administration of a ward’s estate if that person is suffering from any form of dementia.
Assembly Bill 325, sponsored by Assemblyman Michael Sprinkle, D-Sparks, which would require annual licensing and regular audits of private professional guardians, appears to be facing the biggest fight — from the private professional guardians.
In a letter to lawmakers, Shelly Register, a private professional guardian in Sparks, warned that if AB325 passes, it is “likely to put private professional guardians out of business.”
But Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, is helping push the bill.
“We have regulatory bodies for things such as barbers,” Buckley said. “But not have a similar body when we’re talking about the lives of vulnerable seniors?”
Buckley, a former Assembly speaker, said the system totally lacks oversight of private guardians.
“We need someone looking into the practices of guardians,” Buckley added. “We have seniors who are being told where to live, how much of their own funds they will receive. We need proper oversight to make sure these people aren’t being exploited.”
Sally Ramm, an elder rights attorney with the state’s Elder Protective Services, said current court oversight isn’t enough. She argues that the need for licensing, monitoring and oversight is crucial as the industry expands along with the number of older Americans needing help.
Ramm echoed Hoskin and Hardy in saying courts need more investigative powers as well as the funding to put it to use.
Adding a licensing aspect to guardians would both enforce more restrictions on guardians and give people another avenue to file official complaints against guardians, she said.
Contact Colton Lochhead at clochhead@reviewjournal.com or 702-383-4638. Follow @coltonlochhead on Twitter

Wednesday, March 11, 2015

Bill to Help Curb Fraud and Exploitation of Elderly Gains Assembly Approval

Bill to Help Curb Fraud and Exploitation of Elderly Gains Assembly Approval

Benson, Lagana, Mosquera & Eustace Bill to Help Curb Financial Fraud and Exploitation of Elderly Gains Assembly Approval

(TRENTON) – Legislation sponsored by Assembly Democrats Daniel Benson, Joseph Lagana, Gabriela Mosquera and Tim Eustace to revise current law in an effort to train agents of money transmitters on how to properly recognize financial abuse and exploitation of elderly residents gained approval from the General Assembly on Monday.
The bill (A-3948) revises the “New Jersey Money Transmitters Act” to require money transmitters to provide to their authorized delegated training materials on how to also respond appropriately if the delegate suspects that the delegate is being asked to engage in the business of money transmission for a transaction in which an elder adult is the victim of financial abuse or exploitation.
“Any agent handling financial transactions for elderly clients should be vigilant of scams and abuse aimed to entrap seniors,” said Benson (D-Mercer/Middlesex). “These crimes are the most devastating to the peace of mind, health and sometimes welfare of New Jersey’s seniors.”
“This legislation adds another level of protection for seniors against unscrupulous individuals who take advantage of their kindness,” said Lagana (D-Bergen/Passaic).
Financial crimes against seniors and vulnerable adults have increasingly become a concern of states. Twenty-eight states and the District of Columbia introduced legislation addressing fraud and exploitation of the elderly last year. Maryland has passed similar legislation.
“Let’s give agents the tools they need to recognize this kind of suspicious activity,” said Mosquera (D-Camden/Gloucester). “Increased vigilance will help save more seniors from financial exploitation and abuse.”
“New Jersey’s seniors have increasingly become targets for financial scams and abuse in recent years,” said Eustace (D-Bergen/Passaic). “The more we train those who engage with seniors how to identify scams the better chance we have of putting an end to the targeting of senior residents for financial crimes.”
Under the bill, the money transmitter is required to provide the training materials to each newly appointed delegate within one month after the delegate’s appointment and to keep a record of the date for each delegate.
The measure, which remains under Senate consideration, was approved unanimously in the Assembly.


Read more at Bill to Help Curb Fraud and Exploitation of Elderly Gains Assembly Approval | New Jersey News, Politics, Opinion, and Analysis
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Saturday, January 31, 2015

The Vegas Voice: Rana Goodman: What Would You Do?

The Vegas Voice: Rana Goodman: What Would You Do?
Rana Goodman,
The Vegas Voice
There is a knock on your door and the caregiver who has stopped by to check on your wife motions you to sit. He will answer the door for you.

Two people enter; a woman and a man. They approach you and the woman says: “Mr. X, I am an officer of the court. You and your wife need to come with me.

You ask: “Why, what have I done? Go with you where?”

She responds. “You have three choices. I can have you arrested, you can go to the assisted living facility that I have chosen for you, or you can be taken to a mental facility.”

This is what happened to a couple I recently interviewed.

When the couple asked to see a warrant or legal document ordering them to go with her, she simply showed her business card (which identified her as a private guardian) and stated that legal papers would arrive within the next few hours. Those three hours stretched into weeks.

For the three days after this couple were whisked away, their adult daughter frantically tried to locate them. Eventually, a notice was taped on their front door stating that they had been moved to an assisted living facility miles away from their home.

Once the daughter’s finally locates her parents, she learns that an unknown private guardian had been assigned by the family court, without a hearing that included her parents. The court document for this action contained two blatantly false statements: that this daughter (and only child) never sees the parents and is an addict, and that the husband has dementia and can no longer care for his wife.

In my interview with this elderly couple, I found the husband (who has been the primary caregiver for his wife for the last 19 of their 50 years of marriage) to be the most articulate, soft spoken person I have met in a very long time. His only concern was her happiness and well-being knowing that she is now wheelchair bound and in the latter stages of leukemia.

Full Article and Source:
What would you do?

Wednesday, January 14, 2015

95 Year Old WW 2 Hero Liberated From Exploiter/Guardian Jared Shafer, Celebrates New Year with Family

95 Year Old WW 2 Hero Liberated From Exploiter/Guardian Jared Shafer, Celebrates New Year with Family
1/10/2015

 
The Vegas Voice  Gaurdianship Law
By Steve Miller

LAS VEGAS - On September 23, 2010, WW 2 hero Guadalupe Olvera, then 91, ordered his daughter Becky and son-in-law, Bob Schultz, to rescue him from the quasi-legal guardianship of Las Vegas for-hire "guardian" Jared E. Shafer of Professional Fiduciary Services of Nevada, Inc.  (PFSN).


Lured by promises made in glossy brochures sent to them by Del Webb Corporation, Guadalupe and his late wife, Carmela, moved to Sun City Anthem several years before her death, leaving family and friends behind in California.

Several years passed, and Carmela died. Days after Carmela's passing, it was discovered that the Olveras were wealthy. Appointed Clark County Guardianship Commissioner Jon Norheim was notified, and Guadalupe was immediately made a ward of the court and assigned PFSN guardians Jared Shafer and Patience Bristol (Bristol is now in Nevada State Prison for elder exploitation.) His family, who lived out of state, were told the guardianship would be temporary, and last just long enough to settle Carmela's financial affairs. Years passed, and the guardianship continued - draining Mr. Olvera's trust to pay for excessive PFSN fees at up to $425.00 per hour for Jared Shafer's guardian "services."

Pleading in open court to be allowed to move back to Santa Cruz, California to spend his final years with his loving family, Commissioner Norheim complied with only the wishes of Shafer who had by then converted over $300,000.00 of Olvera's savings for his own use. Olvera was denied his plea to move back with his family after Shafer referred to Olvera's daughter and son-in-law as "unfit," and "exploiters."

Olvera went into action, and within days of his move from Nevada, Clark County Family Court Judge Charles Hoskin - who appointed Norheim - issued a warrant for Becky Schultz' arrest. 

Then, using funds he withdrew from Olvera's Las Vegas Wells Fargo Bank Trust account without Olvera's consent, Jared Shafer paid his over priced attorneys in Las Vegas to fight to have Olvera returned against his will to Nevada to be placed into a rest home of Shafer's choice. 

Olvera went to court in California, and a Superior Court Judge there ruled that he was competent to handle his own affairs, and removed Shafer as his guardian. With Shafer ousted and his civil rights fully restored, Mr. Olvera lives happily and healthfully for over four years in the home of his only living child, Becky, while enjoying his granddaughter and great granddaughter and yearly honors bestowed on him by chapters of the Santa Cruz County VFW and other veterans groups as Santa Cruz County's oldest living veteran.

Like an old soldier who won't go down without a fight, Olvera has also filed a federal law suit against Shafer to try to recover his converted assets.

Had Guadalupe Olvera not been liberated from Shafer's exploitation, he would most likely have lost his half million dollar home in Sun City Anthem, what was left of his savings, and his life expectancy would probably have been less than six months while confined to a substandard rest home hundreds of miles away from his family and friends. 

At the next Nevada Legislature, a bill will be presented to limit the unfettered power of court appointed guardians over the persons and fortunes of wealthy retirees who have the misfortune of losing a spouse while living in Southern Nevada away from family members. The law will allow relatives who live outside Nevada to, for the first time, become the guardians and fiduciaries for their loved ones living in our state. 

Up until "Shafer's Law" is repealed, no one living outside Nevada can manage the assets of a parent or relative who is deemed a ward of the court after the loss of a spouse, opening the way for unscrupulous private guardians and guardianship commissioners to bilk the senior's fortune while out of state relatives helplessly watch this occur under color of Nevada law.

Steve Miller

 

Friday, October 3, 2014

NASGA Director Sylvia Rudek Guests on Patient Safety Radio

NASGA Director Sylvia Rudek Guests on Patient Safety Radio
Guest – Sylvia Rudek director of the National Association to Stop Guardian Abuse explains the hard facts about abusive guardians and laws and what you should do today to stay safe.














LISTEN to the archive of the show

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NASGA Members in Legislative Action

Tuesday, August 26, 2014

Family: Caregiver wed, left elderly man broke

Family: Caregiver wed, left elderly man broke

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WATERFORD, Mich. — Frank Calcaterra was in his 80s in 2008 when his family hired a home care company to help the former Detroit-area funeral home owner look after his ailing wife Jonnie, who had dementia.
The company — Kentucky-based ResCare — sent Tangie Coleman, who, at the time, had a warrant out for her arrest, records show.
Jonnie's jewelry soon began to disappear, as did Frank Calcaterra's sizable fortune — estimates from court filings put the loss at anywhere from more than $500,000 to more than $1.5 million. When Jonnie Calcaterra died in a nursing home in January 2012, Coleman and her mother were living in Frank Calcaterra's lakefront home in Waterford, Mich., and he was sleeping in the basement.
A few months later, Coleman married Calcaterra in Ohio, without his family's knowledge.
In April, when Frank Calcaterra's daughters removed him from his home, he was 10 pounds lighter and so broke he no longer had a positive bank balance or a valid credit card. Coleman was driving him to a check cashing place with his monthly Social Security check, his daughters say.
The case highlights what experts say is a significant and growing problem in the U.S. — financial exploitation of elderly people by caregivers. Many cases go unreported and accurate estimates are hard to pin down, but studies suggest there are at least tens of thousands of such cases each year.
In Michigan, more than 10% of the 33,710 adult abuse complaints the state received in 2013 — up from about 21,000 in 2011 — related to alleged financial exploitation. The state substantiated financial exploitation in more than 1,000 cases.
"We're seeing more and more of these cases where people pose as legitimate caregivers, befriend the elderly, become a part of their lives, and then start taking advantage of them," said Jim McGuire, director of research for the Area Agency on Aging 1-B in Southfield, Mich., which serves about 30% of the state's senior population in six counties.
The elderly population continues to grow, many elderly people have significant resources, and because they can live longer in their own homes they are often more vulnerable, he said.
Who's accountable?
Residential home care companies don't require state licensing, and criminal background checks for their workers are only mandatory if public funds are used to pay them.
Though Michigan has recently toughened laws and penalties related to financial exploitation of seniors, making background checks mandatory for all home care workers could have helped Calcaterra, said McGuire, as could a bill stalled in the state Legislature making it mandatory for financial institutions to report suspicious banking activity affecting seniors' accounts.
On Oct. 25, 2012, when Coleman, who was 35, and Frank Calcaterra, who was 86, were married in Ohio, at least two complaints alleging financial exploitation had been filed with the Michigan Department of Human Services' division of Adult Protective Services.
In May of this year, an Oakland County, Mich., judge appointed a conservator for Calcaterra, citing fraud and financial exploitation, which Coleman denies.
Oakland County Public Administrator Jon Munger, Calcaterra's court-appointed conservator, is seeking to annul the marriage, alleging it was a fraud Coleman perpetrated "solely for her financial gain."
Calcaterra's daughters are looking for answers and accountability, too. They're unhappy the state failed to act and that it has been difficult to get police agencies to launch criminal investigations, with some officials saying the 2012 marriage makes the case a civil matter.
"Our concern is that no other family ever go through this," said Calcaterra's daughter Charlotte Knutson, who lives in Minnesota.
Michigan — which was criticized in a recent auditor general's report for failing to properly investigate such allegations — determined the complaints were unfounded and never notified law enforcement.
Coleman, who declined to discuss her history with Calcaterra during a brief encounter with a Detroit Free Press reporter, denied wrongdoing in an answer she filed to the annulment/divorce petition.
She said Calcaterra gave her permission to sign his name to checks and his daughters are biased against her because she is black.
"Frank always gave me stacks of money ... and always promised to take care of me," said Coleman, whose Facebook page featured photos of her fanning a stack of $100 bills.
"They kidnapped my husband," Coleman said in a court filing. "I want him back."
Fraud or marriage?
Records show Coleman was married when she was hired to help Calcaterra, but got divorced on Oct. 11, 2012 — two weeks before her marriage to Calcaterra. Of the many checks drawn on Calcaterra's bank account in 2011, more than 20 totaling more than $10,000 were payable to Coleman's husband at the time, for services such as painting, lawn care and moving.
Calcaterra said Coleman told him she needed to marry him in order to receive a significant legal settlement resulting from a lawsuit she brought against an Oakland County police department for an alleged police assault against her. Calcaterra had earlier given her money to hire a lawyer.
"They went to court and got a settlement," Calcaterra said. But Coleman told him officials told her she is a spendthrift, and in order to be paid the settlement she first had to get married so she would have someone to watch over how she handled the money.
"That's why we got married," Calcaterra said. "I don't think there ever was a police report of this ever happening."
There also is no record of any such lawsuit.
Text messages and handwritten notes exchanged between Calcaterra and Coleman show he was smitten with her. And Calcaterra pushed back hard when his daughters tried to convince him he was being used.
"He stated he is aware of the allegations and confirmed that he gave Ms. Coleman his debit card, allowed her to make purchases, and paid her rent last month," a state adult protective services investigator wrote in a report after interviewing Calcaterra at his home in April 2012 — six months before he and Coleman got married.
"He denied that he is being financially exploited and reported he does not need assistance from the police."
Calcaterra, who hired Coleman privately after she left ResCare in 2008, said Coleman changed for the worse after the wedding: She became "domineering," and didn't want him cooking eggs on the stove because she said he might cause a fire; or opening the refrigerator because he would cough and get germs inside it, he said.
But Calcaterra also sent investigators away after the wedding, telling one as recently as February that Coleman "is not taking advantage of him and he wish (sic) these allegations would stop," according to state records obtained under Michigan's Freedom of Information Act.
Calcaterra explained the loss of his 2.75-karat diamond ring, set with sapphires, which had been on his finger since 1950. His family said it was valued at more than $100,000.
"This is beautiful — I'd really like to show it to my friends," Calcaterra said Coleman told him. "I said, 'OK, but ... you take care of it, don't forget I want it back.' " As time went by and Calcaterra kept asking about it, Coleman's response became: "You dropped it in the basement," he said.
No background check?
Scott Lewis, a private investigator hired by Calcaterra's family, found that Coleman had a warrant out for her arrest from 2002 through July 2010 for failing to appear in court after she was cited for unlawfully driving away a motor vehicle. That charge was ultimately dropped after a witness did not come forward. But Coleman was convicted in July 2010 of writing bad checks, records show.
Coleman has not had a valid driver's license since her July 2010 conviction for impaired driving, and has been cited four times since 2010 for driving with a suspended or revoked license, records show.
Karen Woodside, an attorney and former Wayne County prosecutor representing Calcaterra's daughters, said the state's adult protection unit — which records show received at least four referrals about Calcaterra between April 2012 and February 2014 — should have run a background check on Coleman and then referred the case to the police.
Bob Wheaton, a spokesman for the Department of Human Services, said the department doesn't comment on specific cases, but if a client is "lucid, aware of his or her finances, and says that he or she is not being taken advantage of, we're probably not going to determine that the person is vulnerable, and we're probably not going to file a petition for financial exploitation."
Calcaterra and his family are also suing Coleman and ResCare, alleging a ResCare official said all home care workers received regular background checks, but instead "placed a thief into the plaintiff's home."
Coleman has not yet been served with the lawsuit and has not filed a response. ResCare denied most of the allegations and any liability in its answer to the suit.
Medicare-certified home health agencies are required by state law to perform background checks on workers with direct access to patients, Wheaton said.
ResCare spokeswoman Nel Taylor said ResCare is not Medicare-certified in Michigan, but performs background checks on its workers whether they are required by law or not. The check turned up no criminal issues on Coleman, she said.
A July 2012 study published in the Journal of the American Geriatrics Society, found that of 180 agencies surveyed, nearly half did not conduct a federal background check of caregivers.
Calcaterra's 1998 marriage to Jonnie was the second marriage for both, and each had children from their first marriage, all living out of state. Woodside and daughters of both parents said Coleman was able to exploit the geographical separation and conflicts between and among the two sets of children to enhance her influence over Calcaterra.
"This was a textbook case of elder abuse," said Woodside. "The children live out of state, they think they've got someone in the house to help, and it turns out she is a predator."

Take precautions

Children of parents should take precautions when hiring residential caregivers, including:
• Lock private papers and valuables in a filing cabinet, safe deposit box or safe.
• Have someone trusted (other than the caregiver) pick up the mail, or get it sent to a post office box.
• Regularly review all bank and credit card statements (at least once a month) and periodically request a credit report from a major credit bureau.
• Consider having Social Security or pension checks deposited directly into the bank.
• Check phone bills for unauthorized calls.
• Protect checkbooks and credit cards.
• Always get receipts when the caregiver shops for the older adult.
Source: Michigan Office of Services to the Aging